SF 3463

as introduced - 90th Legislature (2017 - 2018) Posted on 04/05/2018 03:42pm

A bill for an act
relating to public safety; creating liability and vicarious liability for trespass to
critical infrastructure; creating a crime for recruiting or educating individuals to
trespass on or damage critical infrastructure; amending Minnesota Statutes 2016,
sections 609.594, subdivision 2; 609.6055, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[604.135] CRITICAL INFRASTRUCTURE; VICARIOUS LIABILITY.

(a) A person who is arrested for or convicted of trespass under section 609.6055 or
609.595 may be held liable for any damages to personal or real property while trespassing.

(b) A person or entity that recruits, trains, aids, advises, hires, counsels, or conspires
with or otherwise procures another to trespass as described in paragraph (a) may also be
held vicariously liable for any damages to personal or real property committed by the
individual arrested or convicted under section 609.6055 or 609.595.

EFFECTIVE DATE.

This section is effective on August 1, 2018, and applies to causes
of action brought on or after that date.

Sec. 2.

Minnesota Statutes 2016, section 609.594, subdivision 2, is amended to read:

Subd. 2.

Prohibited conduct; penalty.

(a) Whoever causes damage to the physical
property of a critical public service facility, utility, or pipeline with the intent to significantly
disrupt the operation of or the provision of services by the facility, utility, or pipeline and
without the consent of one authorized to give consent, is guilty of a felony and may be
sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both.

(b) Whoever intentionally recruits, trains, aids, advises, hires, counsels, or conspires
with or otherwise procures another to commit a violation of paragraph (a) is guilty of a
felony and may be sentenced to imprisonment for not more than ten years or to payment of
a fine of not more than $20,000, or both, if a violation is committed and the person fails to
make a reasonable effort to prevent the violation.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to violations
committed on or after that date.

Sec. 3.

Minnesota Statutes 2016, section 609.6055, subdivision 2, is amended to read:

Subd. 2.

Prohibited conduct; penalty.

(a) Whoever enters or is found upon property
containing a critical public service facility, utility, or pipeline, without claim of right or
consent of one who has the right to give consent to be on the property, is guilty of a gross
misdemeanor, if:

(1) the person refuses to depart from the property on the demand of one who has the
right to give consent;

(2) within the past six months, the person had been told by one who had the right to give
consent to leave the property and not to return, unless a person with the right to give consent
has given the person permission to return; or

(3) the property is posted.

(b) Whoever enters an underground structure that (1) contains a utility line or pipeline
and (2) is not open to the public for pedestrian use, without claim of right or consent of one
who has the right to give consent to be in the underground structure, is guilty of a gross
misdemeanor. The underground structure does not need to be posted for this paragraph to
apply.

(c) Whoever intentionally recruits, trains, aids, advises, hires, counsels, or conspires
with or otherwise procures another to commit a violation of paragraph (a) is guilty of a
gross misdemeanor if a violation is committed and the person fails to make a reasonable
effort to prevent the violation.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to violations
committed on or after that date.