Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 331--H.F.No. 782
           An act relating to courts; providing for increases in 
          maximum authorized fines for crimes; increasing the 
          value of stolen property necessary for felony theft; 
          increasing the maximum government tort liability 
          limits; amending Minnesota Statutes 1982, sections 
          3.736, subdivision 4; 466.04, subdivisions 1 and 3; 
          609.02, subdivisions 3 and 4; 609.03; and 609.52, 
          subdivision 3; proposing new law coded in Minnesota 
          Statutes, chapter 609; repealing Minnesota Statutes 
          1982, sections 609.031 and 609.032. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 3.736, 
subdivision 4, is amended to read: 
    Subd. 4.  [LIMITS.] The total liability of the state and 
its employees acting within the scope of their employment on any 
tort claim shall not exceed: 
    (a) $100,000 $200,000 when the claim is one for death by 
wrongful act or omission and $100,000 $200,000 to any claimant 
in any other case. 
    (b) $500,000 $600,000 for any number of claims arising out 
of a single occurrence.  If the amount awarded to or settled 
upon multiple claimants exceeds $500,000 $600,000, any party may 
apply to any district court to apportion to each claimant his 
proper share of the $500,000 $600,000.  The share apportioned 
each claimant shall be in the proportion that the ratio of the 
award or settlement made to him bears to the aggregate awards 
and settlements for all claims arising out of the occurrence. 
    The limitation imposed by this subdivision on individual 
claimants includes damages claimed for loss of services or loss 
of support arising out of the same tort. 
    Sec. 2.  Minnesota Statutes 1982, section 466.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LIMITS; PUNITIVE DAMAGES.] Liability of 
any municipality on any claim within the scope of sections 
466.01 to 466.15 shall not exceed 
    (a) $100,000 $200,000 when the claim is one for death by 
wrongful act or omission and $100,000 $200,000 to any claimant 
in any other case; 
    (b) $300,000 $600,000 for any number of claims arising out 
of a single occurrence. 
    No award for damages on any such claim shall include 
punitive damages. 
    Sec. 3.  Minnesota Statutes 1982, section 466.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [DISPOSITION OF MULTIPLE CLAIMS.] Where the 
amount awarded to or settled upon multiple claimants exceeds 
$300,000 $600,000, any party may apply to any district court to 
apportion to each claimant his proper share of the total amount 
limited by subdivision 1.  The share apportioned each claimant 
shall be in the proportion that the ratio of the award or 
settlement made to him bears to the aggregate awards and 
settlements for all claims arising out of the occurrence. 
    Sec. 4.  Minnesota Statutes 1982, section 609.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [MISDEMEANOR.] "Misdemeanor" means a crime for 
which a sentence of not more than 90 days or a fine of not more 
than $500 $700, or both, may be imposed. 
    Sec. 5.  Minnesota Statutes 1982, section 609.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [GROSS MISDEMEANOR.] "Gross misdemeanor" means 
any crime which is not a felony or misdemeanor.  The maximum 
fine which may be imposed for a gross misdemeanor is $3,000.  
    Sec. 6.  Minnesota Statutes 1982, section 609.03, is 
amended to read: 
    609.03 [PUNISHMENT WHEN NOT OTHERWISE FIXED.] 
    If a person is convicted of a crime for which no punishment 
is otherwise provided he may be sentenced as follows: 
    (1) If the crime is a felony, to imprisonment for not more 
than five years or to payment of a fine of not more than $5,000 
$10,000, or both; or 
    (2) If the crime is a gross misdemeanor, to imprisonment 
for not more than one year or to payment of a fine of not more 
than $1,000 $3,000, or both; or 
    (3) If the crime is a misdemeanor, to imprisonment for not 
more than 90 days or to payment of a fine of not more than $500 
$700, or both; or 
    (4) If the crime is other than a misdemeanor and a fine is 
imposed but the amount is not specified, to payment of a fine of 
not more than $750 $1,000, or to imprisonment for a specified 
term of not more than six months if the fine is not paid. 
    Sec. 7.  [609.033] [INCREASED MAXIMUM PENALTIES FOR 
MISDEMEANORS.] 
    Any law of this state which provides for a maximum fine of 
$500 as a penalty for a violation shall, on or after August 1, 
1983, be deemed to provide for a maximum fine of $700.  
    Sec. 8.  [609.034] [INCREASED MAXIMUM PENALTY FOR ORDINANCE 
VIOLATIONS.] 
    Any law of this state or municipal charter which limits the 
power of any statutory or home rule charter city, town, county, 
or other political subdivision to prescribe a maximum fine of 
$500 or less for an ordinance shall on or after August 1, 1983, 
be deemed to provide that the statutory or home rule charter 
city, town, county, or other political subdivision has the power 
to prescribe a maximum fine of $700.  
    Sec. 9.  [609.0341] [INCREASED MAXIMUM FINES FOR GROSS 
MISDEMEANORS; FELONIES; OTHER FINES.] 
    Subdivision 1.  [GROSS MISDEMEANORS.] Any law of this state 
which provides for a maximum fine of $1,000 or for a maximum 
term of imprisonment of one year or which is defined as a gross 
misdemeanor shall, on or after August 1, 1983, be deemed to 
provide for a maximum fine of $3,000 and for a maximum term of 
imprisonment of one year.  
    Subd. 2.  [FELONIES.] (a) Any law of this state which 
provides for a maximum fine of $2,000 shall, on or after August 
1, 1983, be deemed to provide for a maximum fine of $4,000.  
    (b) Any law of this state which provides for a maximum fine 
of $3,000 shall, on or after August 1, 1983, be deemed to 
provide for a maximum fine of $5,000.  
    (c) Any law of this state which provides for a maximum fine 
of $5,000 shall, on or after August 1, 1983, be deemed to 
provide for a maximum fine of $10,000.  
    (d) Any law of this state which provides for a maximum fine 
of $7,000 shall, on or after August 1, 1983, be deemed to 
provide for a maximum fine of $14,000.  
    (e) Any law of this state which provides for a maximum fine 
of $10,000 shall, on or after August 1, 1983, be deemed to 
provide for a maximum fine of $20,000.  
    (f) Any law of this state which provides for a maximum fine 
of $15,000 shall, on or after August 1, 1983, be deemed to 
provide for a maximum fine of $30,000.  
    (g) Any law of this state which provides for a maximum fine 
of $20,000 shall, on or after August 1, 1983, be deemed to 
provide for a maximum fine of $35,000.  
    (h) Any law of this state which provides for a maximum fine 
of $25,000 shall, on or after August 1, 1983, be deemed to 
provide for a maximum fine of $40,000.  
    (i) Any law of this state which provides for a maximum fine 
of $30,000 shall, on or after August 1, 1983, be deemed to 
provide for a maximum fine of $45,000.  
    (j) Any law of this state which provides for a maximum fine 
of $40,000 shall, on or after August 1, 1983, be deemed to 
provide for a maximum fine of $50,000.  
    Subd. 3.  [EXCEPTIONS.] The provisions of subdivision 2 do 
not apply to any felony for which the fine was established or 
increased in 1983 by a legislative enactment other than this 
section.  
    Sec. 10.  Minnesota Statutes 1982, 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 ten years or to 
payment of a fine of not more than $10,000, or both, if the 
value of the property or services stolen exceeds $2,500; or 
    (2) To imprisonment for not more than five years or to 
payment of a fine of not more than $5,000, or both, if the value 
of the property or services stolen is more than $150 $250 but 
not more than $2,500; or 
    (3) To imprisonment for not more than five years or to 
payment of a fine of not more than $5,000, or both, 
notwithstanding the value of the property or services stolen is 
not more than $150 $250, if any of the following circumstances 
exist: 
    (a) The property is taken from the person of another or 
from a corpse, or grave or coffin containing a corpse; or 
    (b) The property taken 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 
    (c) The property is taken from a burning building or upon 
its removal therefrom, or from an area of destruction caused by 
civil disaster, riot, bombing, or the proximity of battle; or 
    (d) The property taken consists of public funds belonging 
to the state or to any political subdivision or agency thereof; 
or 
    (4) To imprisonment for not more than ten years or to 
payment of a fine of not more than $10,000, or both, if the 
property stolen is an article representing a trade secret; or if 
the property stolen is an explosive or an incendiary device; or 
    (5) In all other cases where the value of the property or 
services stolen is $150 $250 or less, to imprisonment for not 
more than 90 days or to payment of a fine of not more than $500, 
or both, provided, however, in any prosecution under clause (1), 
clause (2), clause (3)(a), (b) and (c), clause (4), and clause 
(13) of subdivision 2 the value of the money or property 
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. 
    Sec. 11.  [REPEALER.] 
    Minnesota Statutes 1982, sections 609.031 and 609.032 are 
repealed.  
    Sec. 12.  [EFFECTIVE DATE.] 
    Sections 1, 2 and 3 are effective August 1, 1984, and apply 
to claims arising on or after that date.  Sections 4 to 11 are 
effective August 1, 1983, and apply to offenses committed on or 
after that date. 
    Approved June 14, 1983