Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 111-S.F.No. 605 
           An act relating to crimes; defining the crime of using 
          police radios while committing a criminal act; 
          prescribing penalties; amending Minnesota Statutes 
          1986, section 609.035; 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 1986, section 609.035, is 
amended to read:  
    609.035 [CRIME PUNISHABLE UNDER DIFFERENT PROVISIONS.] 
    Except as provided in sections 609.251, 609.585, 609.21, 
subdivisions 3 and 4, and 609.2691, and section 2, if a person's 
conduct constitutes more than one offense under the laws of this 
state, the person may be punished for only one of the offenses 
and a conviction or acquittal of any one of them is a bar to 
prosecution for any other of them.  All the offenses, if 
prosecuted, shall be included in one prosecution which shall be 
stated in separate counts. 
    Sec. 2.  [609.856] [USE OF POLICE RADIOS DURING COMMISSION 
OF CRIME; PENALTIES.] 
    Subdivision 1.  [ACTS CONSTITUTING.] Whoever has in 
possession or uses a radio or device capable of receiving or 
transmitting a police radio signal, message, or transmission of 
information used for law enforcement purposes, while in the 
commission of a felony or violation of section 609.487 or the 
attempt to commit a felony or violation of section 609.487, 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.  A prosecution for or conviction of the crime 
of use or possession of a police radio is not a bar to 
conviction for any other crime committed while possessing or 
using the police radio. 
    Subd. 2.  [FORFEITURE.] A radio or device defined in 
subdivision 1 that is used in the commission of a felony or 
violation of section 609.487 or attempt to commit a felony or 
violation of section 609.487 is contraband property and subject 
to the forfeiture provisions of section 609.531.  
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1987, and apply to 
all crimes committed on or after that date. 
    Approved May 14, 1987