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Minnesota Legislature

Office of the Revisor of Statutes

HF 390

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/23/2018 03:09pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; increasing penalties for obstructing trunk highway, airport,
or transit traffic;amending Minnesota Statutes 2016, sections 609.74; 609.855,
subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 609.74, is amended to read:


609.74 PUBLIC NUISANCE.

new text begin (a) new text endWhoever by an act or failure to perform a legal duty intentionally does any of the
following is guilty of maintaining a public nuisance, which is a misdemeanor:

(1) maintains or permits a condition which unreasonably annoys, injures or endangers
the safety, health, morals, comfort, or repose of any considerable number of members of
the public; or

(2) new text beginexcept as provided in paragraph (b), new text endinterferes with, obstructs, or renders dangerous
for passage, any public highway or right-of-way, or waters used by the public; or

(3) is guilty of any other act or omission declared by law to be a public nuisance and for
which no sentence is specifically provided.

new text begin (b) It is a gross misdemeanor for a person to interfere with or obstruct traffic that is
entering, exiting, or on a freeway or entering, exiting, or on a public roadway within the
boundaries of airport property with the intent to interfere with, obstruct, or otherwise disrupt
traffic. This paragraph does not apply to the actions of law enforcement or other emergency
responders, road or airport authorities, or utility officials, or their agents, employees, or
contractors when carrying out duties imposed by law or contract. For purposes of this
paragraph: (1) "airport" means an airport that has a control tower and airline service; and
(2) "freeway" means any section of a divided highway where the only access and egress for
vehicular traffic is from entrance and exit ramps.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 609.855, subdivision 2, is amended to read:


Subd. 2.

Unlawful interference with transit deleted text beginoperatordeleted text end.

(a) Whoever intentionally
commits an act that interferes with or obstructs, or tends to interfere with or obstruct, the
operation of a transit vehicle is guilty of deleted text beginunlawful interference with a transit operatordeleted text endnew text begin a crimenew text end
and may be sentenced as provided in paragraph (c).

(b) An act deleted text beginthat isdeleted text end committed on a transit vehicle that distracts the driver from the safe
operation of the vehiclenew text begin, restricts passenger access to the transit vehicle,new text end or deleted text beginthatdeleted text end endangers
passengers is a violation of this subdivision if an authorized transit representative has clearly
warned the person once to stop the act.

(c) A person who violates this subdivision may be sentenced as follows:

(1) to imprisonment for not more than three years or to payment of a fine of not more
than $5,000, or both, if the violation was accompanied by force or violence or a
communication of a threat of force or violence; or

(2) to imprisonment for not more than deleted text begin90 daysdeleted text endnew text begin one yearnew text end or to payment of a fine of not
more than deleted text begin$1,000deleted text endnew text begin $3,000new text end, or both, if the violation was not accompanied by force or violence
or a communication of a threat of force or violence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end