Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 435-S.F.No. 1014 
           An act relating to crimes; providing for prosecution 
          by city attorneys of certain misdemeanors; defining 
          escape from a juvenile correctional facility as a 
          delinquent act; reinstating the sheriff's contingent 
          fund for drug and alcohol-violation investigation; 
          permitting six-member juries in gross misdemeanor 
          cases; permitting the imposition of fines and minimum 
          probation periods on persons placed on probation; 
          expanding the crime of theft to cover diversions of 
          corporate property and unlawful distributions; 
          amending Minnesota Statutes 1984, sections 160.27, 
          subdivision 5; 260.015, subdivision 5; 260.125, 
          subdivision 3; 593.01, subdivision 2; 609.13, 
          subdivision 1; 609.135, subdivisions 2 and 4; and 
          611.033; and Minnesota Statutes 1985 Supplement, 
          sections 609.135, subdivision 1; and 609.52, 
          subdivision 2; proposing coding for new law in 
          Minnesota Statutes, chapters 387 and 611A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 160.27, 
subdivision 5, is amended to read: 
    Subd. 5.  [MISDEMEANORS.] Except for the actions of the 
road authorities, their agents, employees, contractors, and 
utilities in carrying out their duties imposed by law or 
contract, and except as herein provided, it shall be unlawful to:
    (1) Obstruct any highway or deposit snow or ice thereon; 
    (2) Plow or perform any other detrimental operation within 
the road right of way except in the preparation of the land for 
planting a perennial hay crop, and the harvesting of said crop; 
    (3) Erect a fence on the right of way of a trunk highway, 
county state-aid highway, county highway or town road, except to 
erect a lane fence to the ends of a livestock pass; 
    (4) Dig any holes in any highway; except to locate markers 
placed to identify sectional corner positions and private 
boundary corners.  
    (5) Remove any earth, gravel or rock from any highway; 
    (6) Obstruct any ditch draining any highway or drain any 
noisome materials into any ditch; 
    (7) Place or maintain any building or structure within the 
limits of any highway; 
    (8) Place or maintain any advertisement within the limits 
of any highway; 
    (9) Paint, print, place, or affix any advertisement or any 
object within the limits of any highway; 
     (10) Deface, mar, damage, or tamper with any structure, 
work, material, equipment, tools, signs, markers, signals, 
paving, guardrails, drains, or any other highway appurtenance on 
or along any highway; 
    (11) Remove, injure, displace, or destroy right of way 
markers, or reference or witness monuments, or markers placed to 
preserve section or quarter section corners; 
    (12) Improperly place or fail to place warning signs and 
detour signs as provided by law; 
    (13) Drive over, through, or around any barricade, fence, 
or obstruction erected for the purpose of preventing traffic 
from passing over a portion of a highway closed to public travel 
or to remove, deface, or damage any such barricade, fence, or 
obstruction. 
    Violations hereof shall be prosecuted by the county 
attorney of the county where the violations occur.  Any person 
convicted of such violations shall be guilty of violation of 
this subdivision is a misdemeanor. 
     Sec. 2.  Minnesota Statutes 1984, section 260.015, 
subdivision 5, is amended to read: 
    Subd. 5.  [DELINQUENT CHILD.] "Delinquent child" means a 
child: 
    (a) Who has violated any state or local law, except as 
provided in section 260.193, subdivision 1, and except for 
juvenile offenders as described in subdivisions 19 to 23; or 
    (b) Who has violated a federal law or a law of another 
state and whose case has been referred to the juvenile court if 
the violation would be an act of delinquency if committed in 
this state or a crime or offense if committed by an adult; or 
     (c) Who has escaped from confinement to a state juvenile 
correctional facility after being committed to the custody of 
the commissioner of corrections. 
     Sec. 3.  Minnesota Statutes 1984, section 260.125, 
subdivision 3, is amended to read: 
    Subd. 3.  A prima facie case that the public safety is not 
served or that the child is not suitable for treatment shall 
have been established if the child was at least 16 years of age 
at the time of the alleged offense and: 
    (1) Is alleged by delinquency petition to have committed an 
aggravated felony against the person and (a) in committing the 
offense, the child acted with particular cruelty or disregard 
for the life or safety of another; or (b) the offense involved a 
high degree of sophistication or planning by the juvenile; or 
    (2) Is alleged by delinquency petition to have committed 
murder in the first degree; or 
     (3) Is alleged by delinquency petition (a) to have 
committed the delinquent act of escape from confinement to a 
state juvenile correctional facility and (b) to have committed 
an offense as part of, or subsequent to, escape from custody 
that would be a felony listed in section 609.11, subdivision 9, 
if committed by an adult; or 
    (3) (4) Has been found by the court, pursuant to an 
admission in court or after trial, to have committed an offense 
within the preceding 24 months which would be a felony if 
committed by an adult, and is alleged by delinquency petition to 
have committed murder in the second or third degree, 
manslaughter in the first degree, criminal sexual conduct in the 
first degree or assault in the first degree; or 
    (4) (5) Has been found by the court, pursuant to an 
admission in court or after trial, to have committed two 
offenses, not in the same behavioral incident, within the 
preceding 24 months which would be felonies if committed by an 
adult, and is alleged by delinquency petition to have committed 
manslaughter in the second degree, kidnapping, criminal sexual 
conduct in the second degree, arson in the first degree, 
aggravated robbery, or assault in the second degree; or 
    (5) (6) Has been found by the court, pursuant to an 
admission in court or after trial, to have committed two 
offenses, not in the same behavioral incident, within the 
preceding 24 months, one or both of which would be the felony of 
burglary of a dwelling if committed by an adult, and the child 
is alleged by the delinquency petition to have committed another 
burglary of a dwelling.  For purposes of this subdivision, 
"dwelling" means a building which is, in whole or in part, 
usually occupied by one or more persons living there at night; 
or 
    (6) (7) Has previously been found by the court, pursuant to 
an admission in court or after trial, to have committed three 
offenses, none in the same behavioral incident, within the 
preceding 24 months which would be felonies if committed by an 
adult, and is alleged by delinquency petition to have committed 
any felony other than those described in clauses clause (2), (3) 
or (4), or (5). 
    For the purposes of this subdivision, "aggravated felony 
against the person" means a violation of any of the following 
provisions:  sections 609.185; 609.19; 609.195; 609.20, 
subdivision 1 or 2; 609.221; 609.222; 609.223; 609.245; 609.25; 
609.342; 609.343; 609.344, clause (c) or (d); 609.345, clause 
(c) or (d); 609.561; 609.58, subdivision 2, clause (b); or 
609.713.  
    Sec. 4.  [387.213] [SHERIFF'S CONTINGENT FUND FOR DRUG AND 
ALCOHOL INVESTIGATIONS.] 
    A sheriff's contingent fund is created in each county to be 
kept by the county treasurer as all other county funds.  
One-fourth of all money paid into the county treasury on account 
of fines imposed for violation of the provisions of chapter 152 
or 340A shall be credited to this contingent fund.  The sheriff 
may expend money from this fund for the purpose of investigating 
and securing evidence of violations of chapters 152 and 340A.  
Money may be withdrawn from the fund by the sheriff upon the 
order of the district court after application.  At the close of 
the fiscal year any money in the fund in excess of $5,000 shall 
be transferred into the general fund. 
    Sec. 5.  Minnesota Statutes 1984, section 593.01, 
subdivision 2, is amended to read: 
    Subd. 2.  The provisions of subdivision 1, as to the number 
of jurors does do not apply to a criminal action where the 
offense charged is a gross misdemeanor or a felony.  In that 
event the petit jury is a body of 12 persons, unless the 
defendant consents to a jury of six.  
    Sec. 6.  Minnesota Statutes 1984, section 609.13, 
subdivision 1, is amended to read: 
    Subdivision 1.  Notwithstanding a conviction is for a 
felony: 
    (1) The conviction is deemed to be for a misdemeanor or a 
gross misdemeanor if the sentence imposed is within the limits 
provided by law for a misdemeanor or gross misdemeanor as 
defined in section 609.02; or 
    (2) The conviction is deemed to be for a misdemeanor if the 
imposition of the prison sentence is stayed, the defendant is 
placed on probation, and he is thereafter discharged without a 
prison sentence.  
    Sec. 7.  Minnesota Statutes 1985 Supplement, section 
609.135, subdivision 1, is amended to read:  
    Subdivision 1.  [TERMS AND CONDITIONS.] Except when a 
sentence of life imprisonment is required by law, or when a 
mandatory minimum term of imprisonment is required by section 
609.11, any court may stay imposition or execution of sentence 
and (a) may order noninstitutional sanctions without placing the 
defendant on probation, or (b) may place the defendant on 
probation with or without supervision and on the terms the court 
prescribes, including noninstitutional sanctions when 
practicable.  The court may order the supervision to be under 
the probation officer of the court, or, if there is none and the 
conviction is for a felony or gross misdemeanor, by the 
commissioner of corrections, or in any case by some other 
suitable and consenting person.  No noninstitutional sanction 
may be ordered performed at a location that fails to observe 
applicable requirements or standards of chapter 181A or 182, or 
any rule promulgated under them.  For purposes of this 
subdivision, subdivision 6, and section 609.14, the term 
"noninstitutional sanctions" includes but is not limited to 
restitution, fines, community work service, and work in lieu of 
or to work off fines.  
    A court may not stay the revocation of the driver's license 
of a person convicted of violating the provisions of section 
169.121. 
    Sec. 8.  Minnesota Statutes 1984, section 609.135, 
subdivision 2, is amended to read:  
    Subd. 2.  (1) In case the conviction is for a felony such 
stay shall be for not more than three years or the maximum 
period for which the sentence of imprisonment might have been 
imposed, whichever is longer. 
    (2) In case the conviction is for a misdemeanor the stay 
shall not be for more than one year. 
    (3) In case the conviction is for a gross misdemeanor the 
stay shall not be for more than two years. 
    (4) At the expiration of such stay, unless the stay has 
been revoked or the defendant discharged prior thereto, the 
defendant shall be discharged. 
    Sec. 9.  Minnesota Statutes 1984, section 609.135, 
subdivision 4, is amended to read:  
    Subd. 4.  The court may, as a condition of probation, 
require the defendant to serve up to one year incarceration in a 
county jail, a county regional jail, a county workfarm, county 
workhouse or other local correctional facility, or require the 
defendant to pay a fine, or both.  The court may allow the 
defendant the work release privileges of section 631.425 during 
the period of incarceration. 
    Sec. 10.  Minnesota Statutes 1985 Supplement, section 
609.52, subdivision 2, is amended to read:  
    Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
the following commits theft and may be sentenced as provided in 
subdivision 3: 
    (1) intentionally and without claim of right takes, uses, 
transfers, conceals or retains possession of movable property of 
another without his consent and with intent to deprive the owner 
permanently of possession of the property; or 
    (2) having a legal interest in movable property, 
intentionally and without consent, takes the property out of the 
possession of a pledgee or other person having a superior right 
of possession, with intent thereby to deprive the pledgee or 
other person permanently of the possession of the property; or 
    (3) obtains for himself or another the possession, custody 
or title to property of or performance of services by a third 
person by intentionally deceiving him with a false 
representation which is known to be false, made with intent to 
defraud, and which does defraud the person to whom it is made.  
"False representation" includes without limitation: 
    (a) the issuance of a check, draft, or order for the 
payment of money or the delivery of property knowing that he is 
not entitled to draw upon the drawee therefor or to order the 
payment or delivery thereof; or 
    (b) a promise made with intent not to perform.  Failure to 
perform is not evidence of intent not to perform unless 
corroborated by other substantial evidence; or 
    (c) the unauthorized use of a financial transaction card, 
or the number thereof, or other identification device issued by 
an organization to a person for use in purchasing goods or 
services on credit; or 
    (d) the preparation or filing of a claim for reimbursement, 
a rate application, or a cost report used to establish a rate or 
claim for payment for medical care provided to a recipient of 
medical assistance under chapter 256B, which intentionally and 
falsely states the costs of or actual services provided by a 
vendor of medical care; or 
    (4) by swindling, whether by artifice, trick, device, or 
any other means, obtains property or services from another 
person; or 
    (5) intentionally commits any of the acts listed in this 
subdivision but with intent to exercise temporary control only 
and; 
    (a) the control exercised manifests an indifference to the 
rights of the owner or the restoration of the property to him; 
or 
    (b) he pledges or otherwise attempts to subject the 
property to an adverse claim; or 
    (c) he intends to restore the property only on condition 
that the owner pay a reward or buy back or make other 
compensation; or 
    (6) finds lost property and, knowing or having reasonable 
means of ascertaining the true owner, appropriates it to his own 
use or to that of another not entitled thereto without first 
having made reasonable effort to find the owner and offer and 
surrender the property to him; or 
    (7) intentionally obtains property or services, offered 
upon the deposit of a sum of money or tokens in a coin or token 
operated machine or other receptacle, without making the 
required deposit or otherwise obtaining the consent of the 
owner; or 
    (8) intentionally and without claim of right converts any 
article representing a trade secret, knowing it to be such, to 
his own use or that of another person or makes a copy of an 
article representing a trade secret, knowing it to be such, and 
intentionally and without claim of right converts the same to 
his own use or that of another person.  It shall be a complete 
defense to any prosecution under this clause for the defendant 
to show that information comprising the trade secret was 
rightfully known or available to him from a source other than 
the owner of the trade secret; or 
    (9) leases or rents personal property under a written 
instrument and who with intent to place the property beyond the 
control of the lessor conceals or aids or abets the concealment 
of the property or any part thereof, or any lessee of the 
property who sells, conveys or encumbers the property or any 
part thereof without the written consent of the lessor, without 
informing the person to whom he sells, conveys, or encumbers 
that the same is subject to such lease and with intent to 
deprive the lessor of possession thereof.  Evidence that a 
lessee used a false or fictitious name or address in obtaining 
the property or fails or refuses to return the property to 
lessor within five days after written demand for the return has 
been served personally in the manner provided for service of 
process of a civil action or sent by certified mail to the last 
known address of the lessee, whichever shall occur later, shall 
be evidence of intent to violate this clause.  Service by 
certified mail shall be deemed to be complete upon deposit in 
the United States mail of such demand, postpaid and addressed to 
the person at the address for the person set forth in the lease 
or rental agreement, or, in the absence of the address, to the 
person's last known place of residence; or 
    (10) alters, removes or obliterates numbers or symbols 
placed on movable property for purpose of identification by the 
owner or person who has legal custody or right to possession 
thereof with the intent to prevent identification, if the person 
who alters, removes or obliterates the numbers or symbols is not 
the owner and does not have the permission of the owner to make 
the alteration, removal or obliteration; or 
    (11) with the intent to prevent the identification of 
property involved, so as to deprive the rightful owner of 
possession thereof, alters or removes any permanent serial 
number, permanent distinguishing number or manufacturer's 
identification number on personal property or possesses, sells 
or buys any personal property with knowledge that the permanent 
serial number, permanent distinguishing number or manufacturer's 
identification number has been removed or altered; or 
    (12) intentionally deprives another of a lawful charge for 
cable television service by 
    (i) making or using or attempting to make or use an 
unauthorized external connection outside the individual dwelling 
unit whether physical, electrical, acoustical, inductive or 
other connection, or by 
    (ii) attaching any unauthorized device to any cable, wire, 
microwave, or other component of a licensed cable communications 
system as defined in chapter 238.  Nothing herein shall be 
construed to prohibit the electronic video rerecording of 
program material transmitted on the cable communications system 
by a subscriber for fair use as defined by Public Law Number 
94-553, section 107; or 
    (13) except as provided in paragraphs (12) and (14), 
obtains the services of another with the intention of receiving 
those services without making the agreed or reasonably expected 
payment of money or other consideration; or 
    (14) intentionally deprives another of a lawful charge for 
telecommunications service by:  
    (i) making, using, or attempting to make or use an 
unauthorized connection whether physical, electrical, by wire, 
microwave, radio or other means to a component of a local 
telecommunication system as provided in chapter 237; or 
    (ii) attaching an unauthorized device to a cable, wire, 
microwave, radio or other component of a local telecommunication 
system as provided in chapter 237.  
    The existence of an unauthorized connection is prima facie 
evidence that the occupier of the premises:  
    (i) made or was aware of the connection; and 
    (ii) was aware that the connection was unauthorized; or 
    (15) with intent to defraud, diverts corporate property 
other than in accordance with general business purposes or for 
purposes other than those specified in the corporation's 
articles of incorporation; or 
    (16) with intent to defraud, authorizes or causes a 
corporation to make a distribution in violation of section 
302A.551, or any other state law in conformity with it.  
    Sec. 11.  Minnesota Statutes 1984, section 611.033, is 
amended to read:  
    611.033 [COPY OF CONFESSION OR ADMISSION.] 
    A statement, confession, or admission in writing shall not 
be received in evidence in any criminal proceeding against any 
defendant unless within a reasonable time of the taking thereof 
the defendant is furnished with a copy thereof and which 
statement, confession, or admission shall have endorsed thereon 
or attached thereto the receipt of the accused or certification 
of a peace officer which shall state that a copy thereof has 
been received by or made available to the accused.  Nothing in 
this section requires that a videotape, audiotape, or transcript 
of a tape be given to the defendant at the time the statement, 
confession, or admission is made or within a reasonable time 
thereafter, provided that the videotape or audiotape is 
available to the defendant or the defendant's attorney for 
review within a reasonable time of the defendant's arrest, as 
well as in discovery pursuant to the rules of criminal procedure.
    Sec. 12.  [611A.033] [SPEEDY TRIAL; NOTICE OF SCHEDULE 
CHANGE.] 
    (a) A victim has the right to request that the prosecutor 
make a demand under rule 11.10 of the Rules of Criminal 
Procedure that the trial be commenced within 60 days of the 
demand.  The prosecutor shall make reasonable efforts to comply 
with the victim's request. 
    (b) A prosecutor shall make reasonable efforts to provide 
advance notice of any change in the schedule of the court 
proceedings to a victim who has been subpoenaed or requested to 
testify. 
    Sec. 13.  [611A.034] [SEPARATE WAITING AREAS IN 
COURTHOUSE.] 
    The court shall provide a waiting area for victims during 
court proceedings which is separate from the waiting area used 
by the defendant, the defendant's relatives, and defense 
witnesses, if such a waiting area is available and its use is 
practical.  If a separate waiting area for victims is not 
available or practical, the court shall provide other safeguards 
to minimize the victim's contact with the defendant, the 
defendant's relatives, and defense witnesses during court 
proceedings. 
    Approved March 25, 1986