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SF 799

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:16am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to crime; adding felony theft to the racketeering statute; adding identity
theft to the enhanced penalty for theft; amending Minnesota Statutes 2008,
sections 609.52, subdivision 3; 609.902, subdivision 4.

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

Section 1.

Minnesota Statutes 2008, section 609.52, subdivision 3, is amended to read:


Subd. 3.

Sentence.

Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the property is a firearm, or the value of the property or services
stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause
(3), (4), (15), or (16); or

(2) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if
the property stolen was an article representing a trade secret, an explosive or incendiary
device, or a controlled substance listed in schedule I or II pursuant to section 152.02
with the exception of marijuana; or

(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:

(a) the value of the property or services stolen is more than $1,000 but not more
than $5,000; or

(b) the property stolen was a controlled substance listed in schedule III, IV, or V
pursuant to section 152.02; or

(c) the value of the property or services stolen is more than $500 but not more than
$1,000 and the person has been convicted within the preceding five years for an offense
under this section, section 256.98; 268.182; 609.24; 609.245; new text begin609.527; new text end609.53; 609.582,
subdivision 1
, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another
state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
and the person received a felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to which a plea was entered
would allow imposition of a felony or gross misdemeanor sentence; or

(d) the value of the property or services stolen is not more than $1,000, and any of
the following circumstances exist:

(i) the property is taken from the person of another or from a corpse, or grave or
coffin containing a corpse; or

(ii) the property is a record of a court or officer, or a writing, instrument or record
kept, filed or deposited according to law with or in the keeping of any public officer or
office; or

(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or

(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or

(v) the property stolen is a motor vehicle; or

(4) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the property or services stolen is more than $500 but
not more than $1,000; or

(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), and (13), the value of the money or property or services received by the defendant in
violation of any one or more of the above provisions within any six-month period may
be aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 609.902, subdivision 4, is amended to read:


Subd. 4.

Criminal act.

"Criminal act" means conduct constituting, or a conspiracy
or attempt to commit, a felony violation of chapter 152, or a felony violation of section
297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195; 609.20; 609.205;
609.221; 609.222; 609.223; 609.2231; 609.228; 609.235; 609.245; 609.25; 609.27;
609.322; 609.342; 609.343; 609.344; 609.345; 609.42; 609.48; 609.485; 609.495;
609.496; 609.497; 609.498; 609.52, subdivision 2, if the offense is punishable under
subdivision 3, clause (3)(b) or clause 3(d)(v) or (vi); section 609.52, subdivision 2,
clausenew text begin (1) ornew text end (4); 609.527, if the crime is punishable under subdivision 3, clause (4);
609.528, if the crime is punishable under subdivision 3, clause (4); 609.53; 609.561;
609.562; 609.582, subdivision 1 or 2; 609.668, subdivision 6, paragraph (a); 609.67;
609.687; 609.713; 609.86; 609.894, subdivision 3 or 4; 609.895; 624.713; 624.7191; or
626A.02, subdivision 1, if the offense is punishable under section 626A.02, subdivision
4
, paragraph (a). "Criminal act" also includes conduct constituting, or a conspiracy or
attempt to commit, a felony violation of section 609.52, subdivision 2, clause (3), (4),
(15), or (16), if the violation involves an insurance company as defined in section 60A.02,
subdivision 4
, a nonprofit health service plan corporation regulated under chapter 62C,
a health maintenance organization regulated under chapter 62D, or a fraternal benefit
society regulated under chapter 64B.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end