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SF 3487

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/24/2022 11:39am

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; establishing the crime of organized retail theft; providing
for the release of certain financial account information to law enforcement;
amending certain burglary crimes following trespass notice; establishing a time
period for a search warrant on financial institutions; amending Minnesota Statutes
2020, sections 13A.02, subdivisions 1, 2; 609.52, subdivision 3; 609.527,
subdivision 1, by adding a subdivision; 609.582, subdivisions 3, 4; 626.15;
proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

Minnesota Statutes 2020, section 13A.02, subdivision 1, is amended to read:


Subdivision 1.

Access by government.

Except as authorized by this chapter, no
government authority may have access to, or obtain copies of, or the information contained
in, the financial records of any customer from a financial institution unless the financial
records are reasonably described and:

(1) the customer has authorized the disclosure;

(2) the financial records are disclosed in response to a search warrant;

(3) the financial records are disclosed in response to a judicial or administrative subpoena;

(4) the financial records are disclosed to law enforcement, a lead investigative agency
as defined in section 626.5572, subdivision 13, or prosecuting authority that is investigating
financial exploitation of a vulnerable adult in response to a judicial subpoena or
administrative subpoena under section 388.23; or

(5) the financial records are disclosed pursuant to sectionnew text begin 609.527 ornew text end 609.535 or other
statute or rule.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2020, section 13A.02, subdivision 2, is amended to read:


Subd. 2.

Release prohibited.

No financial institution, or officer, employee, or agent of
a financial institution, may provide to any government authority access to, or copies of, or
the information contained in, the financial records of any customer except in accordance
with the provisions of this chapter.

Nothing in this chapter shall require a financial institution to inquire or determine that
those seeking disclosure have duly complied with the requirements of this chapter, provided
only that the customer authorization, search warrant, subpoena, or written certification
pursuant to sectionnew text begin 609.527, subdivision 8;new text end 609.535, subdivision 6; 626.557; or other statute
or rule, served on or delivered to a financial institution shows compliance on its face.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, 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), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); 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 begin 609.522,new text end 609.53; 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), (13), and (19), 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, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

new text begin [609.522] ORGANIZED RETAIL THEFT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the terms in this subdivision have
the meanings given.
new text end

new text begin (b) "Article surveillance system" means any electronic device or other security device
that is designed to detect or prevent the unauthorized removal of retail merchandise from
a retailer.
new text end

new text begin (c) "Retailer" means a person or entity that sells retail merchandise.
new text end

new text begin (d) "Retail merchandise" means all forms of tangible property, without limitation, held
out for sale by a retailer.
new text end

new text begin (e) "Value" means the retail market value at the time of the theft or, if the retail market
value cannot be ascertained, the cost of replacement of the property within a reasonable
time after the theft.
new text end

new text begin Subd. 2. new text end

new text begin Organized retail theft. new text end

new text begin (a) Whoever steals or fraudulently obtains retail
merchandise from a retailer commits organized retail theft and may be sentenced as provided
in subdivision 3 if the actor:
new text end

new text begin (1) resells or intends to resell the retail merchandise;
new text end

new text begin (2) advertises or displays any item of the retail merchandise for sale;
new text end

new text begin (3) returns any item of the retail merchandise to a retailer for anything of value; or
new text end

new text begin (4) steals retail merchandise within five years of a conviction under this section.
new text end

new text begin (b) Whoever receives, purchases, or possesses retail merchandise knowing or having
reason to know the retail merchandise was stolen from a retailer and with the intent to resell
that merchandise may be sentenced as provided in subdivision 3.
new text end

new text begin (c) Whoever possesses any device, gear, or instrument designed to assist in shoplifting
or defeating an electronic article surveillance system with intent to use the same to shoplift
and thereby commit theft may be sentenced pursuant to subdivision 3, clause (3).
new text end

new text begin Subd. 3. new text end

new text begin Sentence. new text end

new text begin Whoever commits organized retail theft may be sentenced as follows:
new text end

new text begin (1) to imprisonment for not more than 15 years or to payment of a fine of not more than
$35,000, or both, if the value of the property stolen exceeds $5,000;
new text end

new text begin (2) to imprisonment for not more than seven years or to payment of a fine of not more
than $14,000, or both, if either of the following circumstances exist:
new text end

new text begin (i) the value of the property stolen is more than $1,000 but not more than $5,000; or
new text end

new text begin (ii) the person commits the offense within ten years of the first of two or more convictions
under this section;
new text end

new text begin (3) to imprisonment for not more than two years or to payment of a fine of not more
than $5,000, or both, if either of the following circumstances exist:
new text end

new text begin (i) the value of the property stolen is more than $500 but not more than $1,000; or
new text end

new text begin (ii) the person commits the offense within ten years of a previous conviction under this
section; or
new text end

new text begin (4) to imprisonment of 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 stolen is $500 or less.
new text end

new text begin Subd. 4. new text end

new text begin Aggregation. new text end

new text begin The value of the retail merchandise received by the defendant
in violation of this section 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 end

new text begin Subd. 5. new text end

new text begin Enhanced penalty. new text end

new text begin If a violation of this section creates a reasonably foreseeable
risk of bodily harm to another, the penalties described in subdivision 3 are enhanced as
follows:
new text end

new text begin (1) if the penalty is a gross misdemeanor, the person 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; and
new text end

new text begin (2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent
longer than for the underlying crime.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 609.527, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given them in this subdivision.

(b) "Direct victim" means any person or entity described in section 611A.01, paragraph
(b)
, whose identity has been transferred, used, or possessed in violation of this section.

(c) "False pretense" means any false, fictitious, misleading, or fraudulent information
or pretense or pretext depicting or including or deceptively similar to the name, logo, website
address, e-mail address, postal address, telephone number, or any other identifying
information of a for-profit or not-for-profit business or organization or of a government
agency, to which the user has no legitimate claim of right.

(d) new text begin"Financial institution" has the meaning given in section 13A.01, subdivision 2.
new text end

new text begin (e) new text end"Identity" means any name, number, or data transmission that may be used, alone or
in conjunction with any other information, to identify a specific individual or entity, including
any of the following:

(1) a name, Social Security number, date of birth, official government-issued driver's
license or identification number, government passport number, or employer or taxpayer
identification number;

(2) unique electronic identification number, address, account number, or routing code;
or

(3) telecommunication identification information or access device.

deleted text begin (e)deleted text endnew text begin (f)new text end "Indirect victim" means any person or entity described in section 611A.01,
paragraph (b)
, other than a direct victim.

deleted text begin (f)deleted text endnew text begin (g)new text end "Loss" means value obtained, as defined in section 609.52, subdivision 1, clause
(3), and expenses incurred by a direct or indirect victim as a result of a violation of this
section.

deleted text begin (g)deleted text endnew text begin (h)new text end "Unlawful activity" means:

(1) any felony violation of the laws of this state or any felony violation of a similar law
of another state or the United States; and

(2) any nonfelony violation of the laws of this state involving theft, theft by swindle,
forgery, fraud, or giving false information to a public official, or any nonfelony violation
of a similar law of another state or the United States.

deleted text begin (h)deleted text endnew text begin (i)new text end "Scanning device" means a scanner, reader, or any other electronic device that is
used to access, read, scan, obtain, memorize, or store, temporarily or permanently,
information encoded on a computer chip or magnetic strip or stripe of a payment card,
driver's license, or state-issued identification card.

deleted text begin (i)deleted text endnew text begin (j)new text end "Reencoder" means an electronic device that places encoded information from the
computer chip or magnetic strip or stripe of a payment card, driver's license, or state-issued
identification card, onto the computer chip or magnetic strip or stripe of a different payment
card, driver's license, or state-issued identification card, or any electronic medium that
allows an authorized transaction to occur.

deleted text begin (j)deleted text endnew text begin (k)new text end "Payment card" means a credit card, charge card, debit card, or any other card
that:

(1) is issued to an authorized card user; and

(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or
anything of value.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 6.

Minnesota Statutes 2020, section 609.527, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Release of limited account information to law enforcement authorities. new text end

new text begin (a)
A financial institution may release the information described in paragraph (b) to a law
enforcement or prosecuting authority that certifies in writing that it is investigating or
prosecuting a crime of identity theft under this section. The certification must describe with
reasonable specificity the nature of the suspected identity theft that is being investigated or
prosecuted, including the dates of the suspected criminal activity.
new text end

new text begin (b) This subdivision applies to requests for the following information relating to a
potential victim's account:
new text end

new text begin (1) the name of the account holder or holders; and
new text end

new text begin (2) the last known home address and telephone numbers of the account holder or holders.
new text end

new text begin (c) A financial institution may release the information requested under this subdivision
that it possesses within a reasonable time after the request. The financial institution may
not impose a fee for furnishing the information.
new text end

new text begin (d) A financial institution is not liable in a criminal or civil proceeding for releasing
information in accordance with this subdivision.
new text end

new text begin (e) Release of limited account information to a law enforcement agency under this
subdivision is criminal investigative data under section 13.82, subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 7.

Minnesota Statutes 2020, section 609.582, subdivision 3, is amended to read:


Subd. 3.

Burglary in the third degree.

new text begin(a) Except as otherwise provided in this section,
new text end whoever enters a building without consent and with intent to steal or commit any felony or
gross misdemeanor while in the building, or enters a building without consent and steals or
commits a felony or gross misdemeanor while in the building, either directly or as an
accomplice, commits burglary in the third degree and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both.

new text begin (b) Whoever enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
that is open to the public, other than a building identified in subdivision 2, paragraph (b),
and steals while in the building, either directly or as an accomplice, commits burglary in
the third degree and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:
new text end

new text begin (1) the person enters the building within one year after being told to leave the building
and not return; and
new text end

new text begin (2) 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, 609.52, 609.522, 609.53, 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
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 sentence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2020, section 609.582, subdivision 4, is amended to read:


Subd. 4.

Burglary in the fourth degree.

new text begin(a) new text endWhoever enters a building without consent
and with intent to commit a misdemeanor other than to steal, or enters a building without
consent and commits a misdemeanor other than to steal while in the building, either directly
or as an accomplice, commits burglary in the fourth degree and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.

new text begin (b) Whoever enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
that is open to the public, other than a building identified in subdivision 2, paragraph (b),
and steals while in the building, either directly or as an accomplice, commits burglary in
the fourth degree and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the person enters the building within
one year after being told to leave the building and not return.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2020, section 626.15, is amended to read:


626.15 EXECUTION AND RETURN OF WARRANT; TIME.

(a) Except as provided in paragraph deleted text begin(b)deleted text endnew text begin (c)new text end, a search warrant must be executed and
returned to the court which issued it within ten days after its date. After the expiration of
this time, the warrant is void unless previously executed.

(b) new text beginA search warrant on a financial institution for financial records is valid for 30 days.
new text end

new text begin (c) new text endA district court judge may grant an extension of deleted text beginadeleted text endnew text begin thenew text end warrant deleted text beginon a financial institution
for financial records
deleted text end upon an application under oath stating that the financial institution has
not produced the requested financial records within deleted text beginten daysdeleted text endnew text begin the 30-day periodnew text end and that an
extension is necessary to achieve the purposes for which the search warrant was granted.
Each extension may not exceed 30 days.

new text begin (d) new text endFor the purposes of this deleted text beginparagraphdeleted text endnew text begin sectionnew text end, "financial institution" has the meaning
given in section 13A.01, subdivision 2, and "financial records" has the meaning given in
section 13A.01, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end