Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 254-H.F.No. 593 
           An act relating to crimes; requiring insurance 
          companies to notify and release insurance policy 
          information to certain law enforcement and 
          prosecutorial authorities regarding motor vehicle 
          thefts under investigation; prescribing higher 
          penalties for major theft, motor vehicle theft, and 
          repeat violations of the crime of unauthorized use of 
          a motor vehicle; providing that orders of restitution 
          may be entered in favor of corporate victims; allowing 
          the court to amend or issue orders of restitution when 
          the defendant is on probation or supervised release; 
          extending the statute of limitations for certain major 
          thefts to five years; amending Minnesota Statutes 
          1986, sections 90.301, subdivision 6; 256.98; 256B.35, 
          subdivision 5; 393.07, subdivision 10; 609.52, 
          subdivision 3; 611A.01; 611A.04, subdivision 1; and 
          628.26; proposing coding for new law in Minnesota 
          Statutes, chapter 65B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [65B.80] [DEFINITIONS.] 
    Subdivision 1.  [TERMS.] The following terms have the 
meanings given for purposes of sections 1 to 4. 
    Subd. 2.  [AUTHORIZED PERSON.] "Authorized person" means 
the prosecuting attorney responsible for prosecutions in the 
county where the motor vehicle theft occurred, the 
superintendent of the bureau of criminal apprehension, and the 
sheriff or chief of police responsible for investigation in the 
county where the motor vehicle theft occurred. 
    Subd. 3.  [RELEVANT INFORMATION.] "Relevant information" or 
evidence means information having a tendency to make the 
existence of any fact that is of consequence to the 
investigation or determination of the issue more or less 
probable than it would be without the evidence. 
    Sec. 2.  [65B.81] [DISCLOSURE OF INFORMATION.] 
    Subdivision 1.  [REQUEST.] After receiving a written 
request, an insurance company must release to an authorized 
person any relevant information in the company's possession that 
relates to the motor vehicle theft.  Relevant information is 
limited to: 
    (1) pertinent insurance policy information, including the 
application for a policy, that is relevant to a motor vehicle 
theft under investigation by the authorized person; 
    (2) policy premium payment records that are available; 
    (3) a history of previous claims made by the insured 
including, where the insured is a corporation or partnership, a 
history of previous claims by a subsidiary or any affiliates, 
and a history of claims of any other business association in 
which individual officers or partners or their spouses were 
known to be involved; and 
    (4) material relating to the investigation of the theft, 
including statements of any person, proof of loss, and any other 
evidence relevant to the investigation. 
    Subd. 2.  [NOTIFICATION BY INSURER REQUIRED.] If an 
insurance company has reason to believe that a motor vehicle 
theft in which it has an interest may be fraudulently claimed, 
the company shall, in writing, notify an authorized person and 
provide the person with all relevant information specified in 
subdivision 1 relating to the motor vehicle theft.  It is 
sufficient for the purpose of this subdivision if an insurance 
company notifies and provides relevant information to one 
authorized person. 
    Subd. 3.  [RELEASE OF INFORMATION.] An authorized person 
provided with information under subdivision 1 or 2 may, to 
further official purposes, release or provide the information to 
any other authorized person. 
    Subd. 4.  [INFORMATION FROM AUTHORIZED PERSON.] An 
insurance company that provides information to an authorized 
person may request relevant information in writing from the 
authorized person and the authorized person must provide the 
requested information within 30 days.  The relevant information 
provided under this subdivision may not include nonconviction 
criminal history record information or any other information 
that is detrimental to an ongoing criminal investigation or 
would reveal the identity of a confidential source of 
information.  An authorized person who does not furnish the 
requested information shall notify the insurance company of the 
reasons why the information cannot be furnished within 30 days 
of the request. 
    Subd. 5.  [IMMUNITY FROM LIABILITY.] An insurance company 
or its agent acting in its behalf, or an authorized person who 
releases information, whether oral or written, acting in good 
faith, under subdivisions 1 to 3, is immune from any liability, 
civil or criminal, that might otherwise be incurred or imposed. 
    Sec. 3.  [65B.82] [EVIDENCE.] 
    Data received under sections 1 to 4 by an authorized person 
or insurance company is confidential data under section 13.02, 
subdivision 3, until its release is required in connection with 
a criminal or civil proceeding. 
    Sec. 4.  [65B.83] [ENFORCEMENT.] 
    Subdivision 1.  [INTENTIONAL REFUSAL TO RELEASE.] An 
insurance company or officer may not intentionally refuse to 
release any information requested under section 2, subdivision 1.
    Subd. 2.  [INTENTIONAL REFUSAL TO NOTIFY.] An insurance 
company, or its employee or officer, may not intentionally 
refuse to provide notice or relevant information to authorized 
persons under section 2, subdivision 2. 
    Subd. 3.  [PENALTY.] Whoever violates the provisions of 
subdivision 1 or 2 is guilty of a misdemeanor. 
    Sec. 5.  Minnesota Statutes 1986, section 90.301, 
subdivision 6, is amended to read:  
    Subd. 6.  [TICKET FOR THEFT VIOLATIONS.] The commissioner 
may design and issue a ticket in the form, and having the 
effect, of a summons and complaint, for use in cases of theft of 
state timber or other state property, where the value of the 
property is within the limits established by section 609.52, 
subdivision 3, clause (5) (6).  The ticket shall provide for the 
name and address of the person charged with the violation, the 
offense charged, the time and place the person is to appear 
before a court, and any other necessary information.  
    Sec. 6.  Minnesota Statutes 1986, section 256.98, is 
amended to read:  
    256.98 [WRONGFULLY OBTAINING ASSISTANCE; THEFT.] 
    A person who obtains, or attempts to obtain, or aids or 
abets any person to obtain by means of a willfully false 
statement or representation, by intentional concealment of a 
material fact, or by impersonation or other fraudulent device, 
assistance to which the person is not entitled or assistance 
greater than that to which the person is entitled, or who 
knowingly aids or abets in buying or in any way disposing of the 
property of a recipient or applicant of assistance without the 
consent of the local agency with intent to defeat the purposes 
of sections 256.12, 256.72 to 256.872, chapter 256B, is guilty 
of theft and shall be sentenced pursuant to section 609.52, 
subdivision 3, clauses (1), (2), (3), and (5) (6).  The amount 
of the assistance incorrectly paid shall be the difference 
between the amount of assistance actually received and the 
amount to which the recipient would have been entitled under 
state and federal law had the welfare agency been informed of 
all material facts.  The amount of any assistance determined to 
have been incorrectly paid shall be recoverable from the 
recipient or the recipient's estate by the county or the state 
as a debt due the county or the state or both in proportion to 
the contribution of each.  Any amounts recovered shall be paid 
to the appropriate units of government in the same manner as 
provided in section 256.863.  To prosecute or to recover 
assistance wrongfully obtained under this section, the attorney 
general or the appropriate county attorney, acting independently 
or at the direction of the attorney general, may institute a 
criminal or civil action. 
    Sec. 7.  Minnesota Statutes 1986, section 256B.35, 
subdivision 5, is amended to read:  
    Subd. 5.  The nursing home may transfer the personal 
allowance to someone other than the recipient only when the 
recipient or the recipient's guardian or conservator designates 
that person in writing to receive or expend funds on behalf of 
the recipient and that person certifies in writing that the 
allowance is spent for the well being of the recipient.  
Persons, other than the recipient, in possession of the personal 
allowance, may use the allowance only for the well being of the 
recipient.  Any person, other than the recipient, who, with 
intent to defraud, uses the personal needs allowance for 
purposes other than the well being of the recipient shall be 
guilty of theft and shall be sentenced pursuant to section 
609.52, subdivision 3, clauses (1), (2), (3), and (5) (6).  To 
prosecute under this subdivision, the attorney general or the 
appropriate county attorney, acting independently or at the 
direction of the attorney general, may institute a criminal 
action.  A nursing home that transfers personal needs allowance 
funds to a person other than the recipient in good faith and in 
compliance with this section shall not be held liable under this 
subdivision.  
    Sec. 8.  Minnesota Statutes 1986, section 393.07, 
subdivision 10, is amended to read:  
    Subd. 10.  [FEDERAL FOOD STAMP PROGRAM.] (a) The county 
welfare board shall establish and administer the food stamp 
program pursuant to rules of the commissioner of human services 
and all federal laws and regulations.  The commissioner of human 
services shall monitor food stamp program delivery on an ongoing 
basis to ensure that each county complies with federal laws and 
regulations.  Program requirements to be monitored include, but 
are not limited to, number of applications, number of approvals, 
number of cases pending, length of time required to process each 
application and deliver benefits, number of applicants eligible 
for expedited issuance, length of time required to process and 
deliver expedited issuance, number of terminations and reasons 
for terminations, client profiles by age, household composition 
and income level and sources, and the use of phone certification 
and home visits.  The commissioner shall determine the 
county-by-county and statewide participation rate.  The 
commissioner shall report on the monitoring activities on a 
county-by-county basis in a report presented to the legislature 
by July 1 each year.  This monitoring activity shall be separate 
from the management evaluation survey sample required under 
federal regulations.  
    (b) On July 1 of each year, the commissioner of human 
services shall determine a statewide and county-by-county food 
stamp program participation rate.  The commissioner may 
designate a different agency to administer the food stamp 
program in a county if the agency administering the program 
fails to increase the food stamp program participation rate 
among families or eligible individuals, or comply with all 
federal laws and regulations governing the food stamp program.  
The commissioner shall review agency performance annually to 
determine compliance with this paragraph. 
    (c) The county welfare board shall participate in a food 
stamp quality control system subject to the supervision of the 
commissioner of human services and pursuant to federal 
regulations.  
    Any person who commits any of the following acts is guilty 
of theft and shall be sentenced pursuant to section 609.52, 
subdivision 3, clauses (1), (2), (3), and (5) (6): 
    (1) Obtains or attempts to obtain, or aids or abets any 
person to obtain by means of a willfully false statement or 
representation, or intentional concealment of a material fact, 
food stamps to which the person is not entitled or in an amount 
greater than that to which entitled; or 
    (2) Presents or causes to be presented, coupons for payment 
or redemption knowing them to have been received, transferred or 
used in a manner contrary to existing state or federal law; or 
    (3) Willfully uses or transfers food stamp coupons or 
authorization to purchase cards in any manner contrary to 
existing state or federal law. 
    The amount of food stamps incorrectly issued shall be the 
difference between the amount of food stamps actually received 
and the amount to which the recipient would have been entitled 
under state and federal law had the welfare agency been informed 
of all material facts.  The amount of any food stamps determined 
to have been incorrectly issued, used, transferred or presented 
shall, unless otherwise determined by the county welfare board 
in order to prevent undue hardship, be recoverable from the 
recipient, or user, or the recipient's or user's estate by the 
county as a debt due the county. 
    Sec. 9.  Minnesota Statutes 1986, 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 
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), or (16); 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 $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) (3) To imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, 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) (4) To imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, 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 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 consists of public funds belonging to the 
state or to any political subdivision or agency thereof; or 
    (e) The property is a firearm; or 
    (f) The property stolen was a motor vehicle as defined in 
section 609.55; or 
    (4) (5) To imprisonment for not more than ten years or to 
payment of a fine of not more than $20,000, 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) (6) 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 $700, or 
both, provided, however, in any prosecution under clauses (1), 
(2), (3), (4), and (13) of subdivision 2 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. 
    Sec. 10.  Minnesota Statutes 1986, section 611A.01, is 
amended to read:  
    611A.01 [DEFINITIONS.] 
    For the purposes of sections 611A.01 to 611A.04 and 611A.06:
    (a) "Crime" means conduct that is included within the 
definition of "crime" in section 609.02, subdivision 1, or would 
be included within that definition but for the fact that (i) the 
person engaging in the conduct lacked capacity to commit the 
crime under the laws of this state, or (ii) the act was alleged 
or found to have been committed by a juvenile;  
    (b) "Victim" means a natural person who incurs loss or harm 
as a result of a crime, and for purposes of sections 611A.04 and 
611A.045, also includes a corporation that incurs loss or harm 
as a result of a crime.  If the victim is a natural person and 
is deceased, "victim" means the deceased's surviving spouse or 
next of kin; and 
    (c) "Juvenile" has the same meaning as given to the term 
"child" in section 260.015, subdivision 2.  
    Sec. 11.  Minnesota Statutes 1986, section 611A.04, 
subdivision 1, is amended to read:  
    Subdivision 1.  [REQUEST; DECISION.] (a) A victim of a 
crime has the right to request that restitution be considered as 
part of the disposition of a criminal charge or juvenile 
delinquency proceeding against the offender.  The request for 
restitution shall be made by the victim in writing in affidavit 
form, describing the items or elements of loss and itemizing the 
total dollar amounts of restitution claimed, and the reasons 
justifying these amounts, if the request is for monetary or 
property restitution.  In order to be considered by the court, 
the request must be received by the court administrator of the 
appropriate court at least three business days before the 
sentencing or dispositional hearing.  The court administrator 
shall provide copies of this request to the prosecutor and the 
offender at least 24 hours before the sentencing or 
dispositional hearing.  
     (b) The court may amend or issue an order of restitution 
after the sentencing or dispositional hearing if: 
    (1) the offender is on probation or supervised release; 
    (2) a request for restitution is filed by the victim or 
prosecutor in affidavit form as required under paragraph (a); 
and 
    (3) the true extent of the victim's loss was not known at 
the time of the sentencing or dispositional hearing. 
    If the court holds a hearing on the restitution request, 
the court must notify the offender, the offender's attorney, the 
victim, and the prosecutor at least five business days before 
the hearing.  The court's restitution decision is governed by 
this section and section 611A.045. 
    (c) The court shall grant or deny restitution, and shall 
state on the record its reasons for its decision on restitution 
if a request for restitution has been made.  
    Sec. 12.  Minnesota Statutes 1986, 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, clause (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 
609.342 to 609.345 if the victim was under the age of 18 years 
at the time the offense was committed, shall be found or made 
and filed in the proper court within seven 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) Indictments or complaints for violation of section 
609.52, subdivision 2, clause (3), items (a) to (c), (4), (15), 
or (16), where the value of the property or services stolen is 
more than $35,000, shall be found or made and filed in the 
proper court within five years after the commission of the 
offense. 
   (e) (f) 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. 13.  [EFFECTIVE DATE.] 
    Sections 6 to 11 are effective August 1, 1987, and apply to 
crimes committed on or after that date.  Sections 1 to 5, and 
12, are effective August 1, 1987. 
    Approved May 27, 1987