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SF 3463

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 09/27/2018 02:47pm

KEY: stricken = removed, old language. underscored = added, new language.

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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,
section 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; JOINT AND SEVERAL
LIABILITY.

(a) A person who is convicted of trespass under section 609.6055 or damage to property
under section 609.594, or is arrested for a violation of one or both of those sections and
convicted of another offense arising out of the same behavioral incident, may be held liable
for any damages to personal or real property committed by the person while trespassing or
causing damage to property.

(b) A person or entity that knowingly recruits, trains, aids, advises, hires, counsels,
conspires with, or otherwise procures another for the purpose of trespassing or causing
damage to property as described in paragraph (a) may also be jointly and severably liable
for the damages under paragraph (a).

EFFECTIVE DATE.

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

Sec. 2.

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) Unless a greater penalty is provided elsewhere, whoever violates this section with
intent to damage, destroy, or tamper with equipment, or significantly impede or inhibit
operation, is guilty of a felony and may be sentenced to imprisonment for not more than
three years or to payment of a fine of not more than $5,000, or both.

EFFECTIVE DATE.

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

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