SF 980

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; providing reporting procedures and 
  1.3             venue for identity theft; providing for aggregation of 
  1.4             identity theft offenses; defining the crime of mail 
  1.5             theft; providing criminal penalties; amending 
  1.6             Minnesota Statutes 2002, section 609.527, by adding 
  1.7             subdivisions; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 609. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 609.527, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 5.  [REPORTING.] (a) A person who has learned or 
  1.13  reasonably suspects that a person is a direct victim of a crime 
  1.14  under subdivision 2 may initiate a law enforcement investigation 
  1.15  by contacting the local law enforcement agency that has 
  1.16  jurisdiction where the person resides, regardless of where the 
  1.17  crime may have occurred.  The agency must prepare a police 
  1.18  report of the matter, provide the complainant with a copy of 
  1.19  that report, and may begin an investigation of the facts, or, if 
  1.20  the suspected crime was committed in a different jurisdiction, 
  1.21  refer the matter to the law enforcement agency where the 
  1.22  suspected crime was committed for an investigation of the facts. 
  1.23     (b) If a law enforcement agency refers a report to the law 
  1.24  enforcement agency where the crime was committed, it need not 
  1.25  include the report as a crime committed in its jurisdiction for 
  1.26  purposes of information that the agency is required to provide 
  1.27  to the commissioner of public safety pursuant to section 299C.06.
  2.1      [EFFECTIVE DATE.] This section is effective the day 
  2.2   following final enactment. 
  2.3      Sec. 2.  Minnesota Statutes 2002, section 609.527, is 
  2.4   amended by adding a subdivision to read: 
  2.5      Subd. 6.  [VENUE.] Notwithstanding anything to the contrary 
  2.6   in section 627.01, an offense committed under subdivision 2 may 
  2.7   be prosecuted in: 
  2.8      (1) the county where the offense occurred; or 
  2.9      (2) the county of residence or place of business of the 
  2.10  direct victim or indirect victim. 
  2.11     [EFFECTIVE DATE.] This section is effective the day 
  2.12  following final enactment. 
  2.13     Sec. 3.  Minnesota Statutes 2002, section 609.527, is 
  2.14  amended by adding a subdivision to read: 
  2.15     Subd. 7.  [AGGREGATION.] In any prosecution under 
  2.16  subdivision 2, the value of the money or property or services 
  2.17  the defendant receives or the number of direct or indirect 
  2.18  victims within any six-month period may be aggregated and the 
  2.19  defendant charged accordingly in applying the provisions of 
  2.20  subdivision 3; provided that when two or more offenses are 
  2.21  committed by the same person in two or more counties, the 
  2.22  accused may be prosecuted in any county in which one of the 
  2.23  offenses was committed for all of the offenses aggregated under 
  2.24  this subdivision. 
  2.25     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  2.26  and applies to crimes committed on or after that date. 
  2.27     Sec. 4.  [609.529] [MAIL THEFT.] 
  2.28     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  2.29  the following terms have the meanings given them in this 
  2.30  subdivision. 
  2.31     (b) "Mail" means a letter, postal card, package, bag, or 
  2.32  other sealed article addressed to another. 
  2.33     (c) "Mail depository" means a mail box, letter box, or mail 
  2.34  receptacle; a post office or station of a post office; a mail 
  2.35  route; or a postal service vehicle. 
  2.36     Subd. 2.  [CRIME.] Whoever does any of the following is 
  3.1   guilty of mail theft and may be sentenced as provided in 
  3.2   subdivision 3: 
  3.3      (1) intentionally and without claim of right removes mail 
  3.4   from a mail depository; 
  3.5      (2) intentionally and without claim of right takes mail 
  3.6   from a mail carrier; 
  3.7      (3) obtains custody of mail by intentionally deceiving a 
  3.8   mail carrier, or other person who rightfully possesses or 
  3.9   controls the mail, with a false representation which is known to 
  3.10  be false, made with intent to deceive and which does deceive a 
  3.11  mail carrier or other person who possesses or controls the mail; 
  3.12     (4) intentionally and without claim of right removes the 
  3.13  contents of mail addressed to another; 
  3.14     (5) intentionally and without claim of right takes mail, or 
  3.15  the contents of mail, that has been left for collection on or 
  3.16  near a mail depository; or 
  3.17     (6) receives, possesses, transfers, buys, or conceals mail 
  3.18  obtained by acts described in clauses (1) to (5), knowing or 
  3.19  having reason to know the mail was obtained illegally. 
  3.20     Subd. 3.  [PENALTIES.] A person convicted under subdivision 
  3.21  2 may be sentenced to imprisonment for not more than three years 
  3.22  or to a payment of a fine of not more than $5,000, or both. 
  3.23     Subd. 4.  [VENUE.] Notwithstanding anything to the contrary 
  3.24  in section 627.01, an offense committed under subdivision 2 may 
  3.25  be prosecuted in: 
  3.26     (1) the county where the offense occurred; or 
  3.27     (2) the county of residence or place of business of the 
  3.28  direct victim or indirect victim. 
  3.29     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  3.30  and applies to crimes committed on or after that date.