Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 419-H.F.No. 1809
           An act relating to crimes; authorizing aggregation of 
          thefts in medicaid fraud cases; extending the statute 
          of limitations in medicaid fraud cases; amending 
          Minnesota Statutes 1982, section 628.26; Minnesota 
          Statutes 1983 Supplement, section 609.52, subdivision 
          3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, 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 if 
the property stolen was a controlled substance listed in 
schedule 1 or 2 pursuant to section 152.02 with the exception of 
marijuana; 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 $250 but not 
more than $2,500, or if the property stolen was a controlled 
substance listed in schedule 3, 4, or 5 pursuant to section 
152.02; 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 $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 $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. 2.  Minnesota Statutes 1982, section 628.26, is 
amended to read: 
    628.26 [LIMITATIONS.] 
    (a) Indictments or complaints for murder may be found or 
made at any time after the death of the person killed.  
    (b) Indictments or complaints for violation of section 
609.42, subdivision 1, clauses (1) or (2) shall be found or made 
and filed in the proper court within six years after the 
commission of the offense.  
    (c) Indictments or complaints for violation of sections 
609.3641 to 609.3644, or for violation of sections 609.342 to 
609.345 if the victim and the actor were in a familial 
relationship as defined in section 609.364, subdivision 9 at the 
time the offense was committed, shall be found or made and filed 
in the proper court within 7 years after the commission of the 
offense.  
    (d) Indictments or complaints for violation of sections 
609.466 and 609.52, subdivision 2, clause (3)(d) shall be found 
or made and filed in the proper court within six years after the 
commission of the offense. 
     (e) In all other cases, indictments or complaints shall be 
found or made and filed in the proper court within three years 
after the commission of the offense; but the time during which 
the defendant shall not be an inhabitant of, or usually resident 
within, this state, shall not constitute any part of the 
limitations imposed by this section. 
     Sec. 3.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1984, and applies to 
crimes committed on or after that date.  Section 2 is effective 
August 1, 1984. 
    Approved April 22, 1984