Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 329-H.F.No. 384 
           An act relating to crimes; providing for prosecution 
          of certain gross misdemeanor violations; increasing 
          the maximum fine for petty misdemeanor violations; 
          creating a gross misdemeanor crime of damage to 
          property; creating the crimes of check forgery and 
          offering a forged check; increasing the maximum bail 
          for certain misdemeanors and gross misdemeanors; 
          prescribing penalties; amending Minnesota Statutes 
          1986, sections 171.07, subdivision 1a; 487.25, 
          subdivision 10; 609.02, subdivision 4a; 609.224, 
          subdivision 2; 609.52; 609.595; 609.625; 609.821; 
          626A.05, subdivision 2; 629.34, subdivision 1; and 
          629.47; proposing coding for new law in Minnesota 
          Statutes, chapters 609 and 629. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 171.07, 
subdivision 1a, is amended to read:  
    Subd. 1a.  [PHOTOGRAPHIC NEGATIVES; FILING; DATA 
CLASSIFICATION.] The department shall file, or contract to file, 
all photographic negatives obtained in the process of issuing 
driver licenses or Minnesota identification cards.  The 
negatives shall be private data pursuant to section 13.02, 
subdivision 12.  Notwithstanding section 13.04, subdivision 3, 
the department shall not be required to provide copies of 
photographic negatives to data subjects.  The use of the files 
is restricted to the issuance and control of driver licenses and 
for law enforcement purposes in the investigation and 
prosecution of felonies and violations of section 169.09,; 
169.121,; 169.123,; 169.129,; 171.22,; 171.24,; 
171.30,; or 609.41; 609.487, subdivision 3; section 13, 
subdivision 4, clause (3); or 609.821, subdivision 3, clause 
(1), item (iv), and clause (3). 
    Sec. 2.  Minnesota Statutes 1986, section 487.25, 
subdivision 10, is amended to read:  
    Subd. 10.  [PROSECUTING ATTORNEYS.] Except as otherwise 
provided by law, violations of state law that are petty 
misdemeanors or misdemeanors must be prosecuted by the attorney 
of the statutory or home rule charter city where the violation 
is alleged to have occurred.  In cities of the first, second, 
and third class, gross misdemeanor violations of sections 
609.52, 609.595, section 13, and 609.821 must be prosecuted by 
the attorney of the city where the violation is alleged to have 
occurred.  The statutory or home rule charter city may enter 
into an agreement with the county board and the county attorney 
to provide prosecution services for any criminal offense.  All 
other petty misdemeanors and, misdemeanors, and gross 
misdemeanors must be prosecuted by the county attorney of the 
county in which the alleged violation occurred.  All violations 
of a municipal ordinance, charter provision, rule, or regulation 
must be prosecuted by the attorney for the governmental unit 
that promulgated the municipal ordinance, charter provision, 
rule, or regulation or by the county attorney with whom it has 
contracted to prosecute these matters. 
    In the counties of Anoka, Carver, Dakota, Scott, and 
Washington, violations of state law that are petty misdemeanors, 
misdemeanors, or gross misdemeanors except as provided in 
section 388.051, subdivision 2, must be prosecuted by the 
attorney of the statutory or home rule charter city where the 
violation is alleged to have occurred.  The statutory or home 
rule charter city may enter into an agreement with the county 
board and the county attorney to provide prosecution services 
for any criminal offense.  All other petty misdemeanors, 
misdemeanors, or gross misdemeanors must be prosecuted by the 
county attorney of the county in which the alleged violation 
occurred.  All violations of a municipal ordinance, charter 
provision, rule, or regulation must be prosecuted by the 
attorney for the governmental unit that promulgated the 
municipal ordinance, charter provision, rule, or regulation or 
by the county attorney with whom it has contracted to prosecute 
these matters. 
    Sec. 3.  Minnesota Statutes 1986, section 609.02, 
subdivision 4a, is amended to read:  
    Subd. 4a.  [PETTY MISDEMEANOR.] "Petty misdemeanor" means a 
petty offense which is prohibited by statute, which does not 
constitute a crime and for which a sentence of a fine of not 
more than $100 $200 may be imposed. 
    Sec. 4.  [609.0331] [INCREASED MAXIMUM PENALTIES FOR PETTY 
MISDEMEANORS.] 
    Except as provided in this section, a law of this state 
that provides, on or after August 1, 1987, for a maximum penalty 
of $100 for a petty misdemeanor is considered to provide for a 
maximum fine of $200.  However, a petty misdemeanor under 
section 152.15, subdivision 2, clause (5), or chapter 168 or 169 
remains subject to a maximum fine of $100, except that a 
violation of chapter 168 or 169 that was originally charged as a 
misdemeanor and is being treated as a petty misdemeanor under 
section 6 or the rules of criminal procedure is subject to a 
maximum fine of $200. 
    Sec. 5.  [609.0332] [INCREASED MAXIMUM PENALTY FOR PETTY 
MISDEMEANOR ORDINANCE VIOLATIONS.] 
    Subdivision 1.  [INCREASED FINE.] From August 1, 1987, if a 
state law or municipal charter sets a limit of $100 or less on 
the fines that a statutory or home rule charter city, town, 
county, or other political subdivision may prescribe for an 
ordinance violation that is defined as a petty misdemeanor, that 
law or charter is considered to provide that the political 
subdivision has the power to prescribe a maximum fine of $200 
for the petty misdemeanor violation. 
    Subd. 2.  [EXCEPTION.] Notwithstanding subdivision 1, no 
fine of more than $100 may be imposed for a petty misdemeanor 
ordinance violation which conforms in substantial part to a 
petty misdemeanor provision contained in section 152.15, 
subdivision 2, clause (5), or chapter 168 or 169. 
    Sec. 6.  [609.131] [CERTIFICATION OF MISDEMEANOR AS PETTY 
MISDEMEANOR.] 
    Subdivision 1.  [GENERAL RULE.] Except as provided in 
subdivision 2, an alleged misdemeanor violation must be treated 
as a petty misdemeanor if the prosecuting attorney believes that 
it is in the interest of justice that the defendant not be 
imprisoned if convicted and certifies that belief to the court 
at or before the time of arraignment or pretrial hearing, and 
the court approves of the certification motion.  The defendant's 
consent to the certification is not required.  When an offense 
is certified as a petty misdemeanor under this section, the 
defendant's eligibility for court-appointed counsel must be 
evaluated as though the offense were a misdemeanor. 
    Subd. 2.  [CERTAIN VIOLATIONS EXCEPTED.] Subdivision 1 does 
not apply to a misdemeanor violation of section 169.121; 
609.224; 609.226; 609.324, subdivision 3; 609.52; or 617.23, or 
an ordinance that conforms in substantial part to any of those 
sections.  A violation described in this subdivision must be 
treated as a misdemeanor unless the defendant consents to the 
certification of the violation as a petty misdemeanor. 
    Subd. 3.  [USE OF CONVICTION FOR ENHANCEMENT.] 
Notwithstanding any other law, a conviction for a violation that 
was originally charged as a misdemeanor and was treated as a 
petty misdemeanor under subdivision 1 or the rules of criminal 
procedure may not be used as the basis for charging a subsequent 
violation as a gross misdemeanor rather than a misdemeanor. 
    Sec. 7.  Minnesota Statutes 1986, section 609.224, 
subdivision 2, is amended to read: 
    Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
provisions of subdivision 1 against the same victim within five 
years of a previous conviction under subdivision 1 or sections 
609.221 to 609.223 609.2231 may be sentenced to imprisonment for 
not more than one year or to a payment of a fine of not more 
than $3,000, or both. 
    (b) Whoever violates the provisions of subdivision 1 within 
two years of a previous conviction under subdivision 1 or 
sections 609.221 to 609.2231 may be sentenced to imprisonment 
for not more than one year or to payment of a fine of not more 
than $3,000, or both. 
    Sec. 8.  Minnesota Statutes 1986, section 609.52, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DEFINITIONS.] In this section: 
    (1) "Property" means all forms of tangible property, 
whether real or personal, without limitation including documents 
of value, electricity, gas, water, corpses, domestic animals, 
dogs, pets, fowl, and heat supplied by pipe or conduit by 
municipalities or public utility companies and articles, as 
defined in clause (4), representing trade secrets, which 
articles shall be deemed for the purposes of Extra Session Laws 
1967, chapter 15 to include any trade secret represented by the 
article. 
    (2) "Movable property" is property whose physical location 
can be changed, including without limitation things growing on, 
affixed to or found in land. 
    (3) "Value" means the retail market value at the time of 
the theft, or if the retail market value cannot be ascertained, 
the cost of replacement of the property within a reasonable time 
after the theft, or in the case of a theft or the making of a 
copy of an article representing a trade secret, where the retail 
market value or replacement cost cannot be ascertained, any 
reasonable value representing the damage to the owner which the 
owner has suffered by reason of losing an advantage over those 
who do not know of or use the trade secret.  For a theft 
committed within the meaning of subdivision 2, clause (5), (a) 
and (b), if the property has been restored to the owner, "value" 
means the value of the use of the property or the damage which 
it sustained, whichever is greater, while the owner was deprived 
of its possession, but not exceeding the value otherwise 
provided herein. 
    (4) "Article" means any object, material, device or 
substance, including any writing, record, recording, drawing, 
sample specimen, prototype, model, photograph, microorganism, 
blueprint or map, or any copy of any of the foregoing. 
    (5) "Representing" means describing, depicting, containing, 
constituting, reflecting or recording. 
    (6) "Trade secret" means information, including a formula, 
pattern, compilation, program, device, method, technique, or 
process, that:  
    (i) derives independent economic value, actual or 
potential, from not being generally known to, and not being 
readily ascertainable by proper means by, other persons who can 
obtain economic value from its disclosure or use, and 
    (ii) is the subject of efforts that are reasonable under 
the circumstances to maintain its secrecy. 
    (7) "Copy" means any facsimile, replica, photograph or 
other reproduction of an article, and any note, drawing or 
sketch made of or from an article while in the presence of the 
article. 
    (8) "Property of another" includes property in which the 
actor is coowner or has a lien, pledge, bailment, or lease or 
other subordinate interest, and property of a partnership of 
which the actor is a member, unless the actor and the victim are 
husband and wife.  It does not include property in which the 
actor asserts in good faith a claim as a collection fee or 
commission out of property or funds recovered, or by virtue of a 
lien, set-off, or counterclaim.  
    (9) "Services" include but are not limited to labor, 
professional services, transportation services, electronic 
computer services, the supplying of hotel accommodations, 
restaurant services, entertainment services, advertising 
services, telecommunication services, and the supplying of 
equipment for use.  
    (10) "Financial transaction card" means any instrument or 
device, whether known as a credit card, credit plate, charge 
plate, courtesy card, bank services card, banking card, check 
guarantee card, debit card, or by any other name, issued with or 
without fee by an issuer for the use of the cardholder in 
obtaining credit, money, goods, services, or anything else of 
value. 
    Sec. 9.  Minnesota Statutes 1986, 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 the other's 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 the actor or another the possession, 
custody or title to property of or performance of services by a 
third person by intentionally deceiving the third person 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, except a forged check as defined in section 
13, or the delivery of property knowing that the actor 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 the 
owner; or 
    (b) the actor pledges or otherwise attempts to subject the 
property to an adverse claim; or 
    (c) the actor 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 the 
finder's 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 the owner; 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 
the actor's 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 the actor's 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 the defendant 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 the lessee 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. 10.  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 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) To imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both, if: 
    (a) the value of the property or services stolen is more 
than $250 $500 but not more than $2,500; or 
    (b) if the property stolen was a controlled substance 
listed in schedule 3, 4, or 5 pursuant to section 152.02; or 
    (c) the value of the property or services stolen is more 
than $200 but not more than $500 and the person has been 
convicted within the preceding five years for an offense under 
this section, section 609.24; 609.245; 609.53; 609.582, 
subdivision 1, 2, or 3; 609.625; 609.63; section 13; or 609.821, 
or a statute from another state in conformity with any of those 
sections, and the person received a felony or gross misdemeanor 
sentence for the offense, or a sentence that was stayed under 
section 609.135 if the offense to which a plea was entered would 
allow imposition of a felony or gross misdemeanor sentence; or 
    (3) 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 $200, 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 
    (4) 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) To imprisonment for not more than one year or to 
payment of a fine of not more than $3,000, or both, if the value 
of the property or services stolen is more than $200 but not 
more than $500; or 
    (6) In all other cases where the value of the property or 
services stolen is $250 $200 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. 11.  Minnesota Statutes 1986, section 609.595, is 
amended to read:  
    609.595 [DAMAGE TO PROPERTY.] 
    Subdivision 1.  [AGGRAVATED CRIMINAL DAMAGE TO PROPERTY IN 
THE FIRST DEGREE.] Whoever intentionally causes damage to 
physical property of another without the latter's consent may be 
sentenced to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both, if:  
    (1) the damage to the property caused a reasonably 
foreseeable risk of bodily harm; or 
    (2) The property damaged belongs to a public utility or a 
common carrier and the damage impairs the service to the public 
rendered by them; or 
    (3) the damage reduces the value of the property by more 
than $300 $500 measured by the cost of repair and replacement; 
or 
    (4) the damage reduces the value of the property by more 
than $250 measured by the cost of repair and replacement and the 
defendant has been convicted within the preceding three years of 
an offense under this subdivision or subdivision 2. 
    In any prosecution under clause (3), the value of any 
property damaged by the defendant in violation of that clause 
within any six-month period may be aggregated and the defendant 
charged accordingly in applying the provisions of this section; 
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.  
    Subd. 2.  [CRIMINAL DAMAGE TO PROPERTY IN THE SECOND 
DEGREE.] (a) Whoever intentionally so causes such damage under 
any other circumstances is guilty of a misdemeanor to another 
person's physical property without the other person's consent 
may be sentenced to imprisonment for not more than one year or 
to payment of a fine of not more than $3,000, or both, if the 
damage reduces the value of the property by more than $250 but 
not more than $500 as measured by the cost of repair and 
replacement. 
    (b) In any prosecution under paragraph (a), the value of 
property damaged by the defendant in violation of that clause 
within any six-month period may be aggregated and the defendant 
charged accordingly in applying this section.  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. 
    Subd. 3.  [CRIMINAL DAMAGE TO PROPERTY IN THE THIRD 
DEGREE.] Whoever intentionally causes damage described in 
subdivision 2 under any other circumstances is guilty of a 
misdemeanor. 
    Sec. 12.  Minnesota Statutes 1986, section 609.625, is 
amended to read:  
    609.625 [AGGRAVATED FORGERY.] 
    Subdivision 1.  [MAKING OR ALTERING WRITING OR OBJECT.] 
Whoever, with intent to defraud, falsely makes or alters a 
writing or object of any of the following kinds so that it 
purports to have been made by another or by the maker or alterer 
under an assumed or fictitious name, or at another time, or with 
different provisions, or by authority of one who did not give 
such authority, is guilty of aggravated forgery and may be 
sentenced to imprisonment for not more than ten years or to 
payment of a fine of not more than $20,000, or both: 
    (1) a writing or object whereby, when genuine, legal 
rights, privileges, or obligations are created, terminated, 
transferred, or evidenced, or any writing normally relied upon 
as evidence of debt or property rights, other than a check as 
defined in section 13 or a financial transaction card as defined 
in section 609.821; or 
    (2) an official seal or the seal of a corporation; or 
    (3) a public record or an official authentication or 
certification of a copy thereof; or 
    (4) an official return or certificate entitled to be 
received as evidence of its contents; or 
    (5) a court order, judgment, decree, or process; or 
    (6) the records or accounts of a public body, office, or 
officer; or 
    (7) the records or accounts of a bank or person, with whom 
funds of the state or any of its agencies or subdivisions are 
deposited or entrusted, relating to such funds; or 
    (8) a financial transaction card as defined in section 
609.52.  
    Subd. 2.  [MEANS FOR FALSE REPRODUCTION.] Whoever, with 
intent to defraud, makes, engraves, possesses or transfers a 
plate or instrument for the false reproduction of a writing or 
object mentioned in subdivision 1, a check as defined in section 
13, or a financial transaction card as defined in section 
609.821, may be sentenced as provided in subdivision 1. 
    Subd. 3.  [UTTERING OR POSSESSING.] Whoever, with intent to 
defraud, utters or possesses with intent to utter any forged 
writing or object mentioned in subdivision 1, not including a 
check as defined in section 13 or a financial transaction card 
as defined in section 609.821, knowing it to have been so 
forged, may be sentenced as provided in subdivision 1.  
    Sec. 13.  [609.631] [CHECK FORGERY; OFFERING A FORGED 
CHECK.] 
    Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
subdivision apply to this section. 
    (b) "Check" means a check, draft, order of withdrawal, or 
similar negotiable or nonnegotiable instrument. 
    (c) "Property" and "services" have the meanings given in 
section 609.52. 
    Subd. 2.  [CHECK FORGERY; ELEMENTS.] A person who, with 
intent to defraud, falsely makes or alters a check so that it 
purports to have been made by another or by the maker under an 
assumed or fictitious name, or at another time, or with 
different provisions, or by the authority of one who did not 
give authority, is guilty of check forgery and may be sentenced 
as provided in subdivision 4. 
    Subd. 3.  [OFFERING A FORGED CHECK; ELEMENTS.] A person 
who, with intent to defraud, offers, or possesses with intent to 
offer, a forged check, whether or not it is accepted, is guilty 
of offering a forged check and may be sentenced as provided in 
subdivision 4. 
    Subd. 4.  [SENTENCING.] A person who is convicted under 
subdivision 2 or 3 may be sentenced as follows: 
    (1) to imprisonment for not more than ten years or to 
payment of a fine of not more than $20,000, or both, if the 
forged check or checks are used to obtain or in an attempt to 
obtain, property or services of more than $2,500 or the 
aggregate amount of the forged check or checks is more than 
$2,500; 
    (2) to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both, if: 
    (a) the forged check or checks are used to obtain or in an 
attempt to obtain, property or services of more than $200 but 
not more than $2,500, or the aggregate face amount of the forged 
check or checks is more than $200 but not more than $2,500; or 
    (b) the forged check or checks are used to obtain or in an 
attempt to obtain, property or services of no more than $200, or 
have an aggregate face value of no more than $200, and the 
person has been convicted within the preceding five years for an 
offense under this section, section 609.24; 609.245; 609.52; 
609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 
609.821, or a statute from another state in conformity with any 
of those sections, and the person received a felony or gross 
misdemeanor sentence for the offense, or a sentence that was 
stayed under section 609.135 if the offense to which a plea was 
entered would allow imposition of a felony or gross misdemeanor 
sentence; and 
    (3) to imprisonment for not more than one year or to a fine 
of not more than $3,000, or both, if the forged check or checks 
are used to obtain or in an attempt to obtain, property or 
services of no more than $200, or the aggregate face amount of 
the forged check or checks is no more than $200. 
    In any prosecution under this subdivision, the value of the 
checks forged or offered by the defendant in violation of this 
subdivision within any six-month period may be aggregated and 
the defendant charged accordingly in applying the provisions of 
this section.  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 checks was forged 
or offered for all of the offenses aggregated under this 
paragraph. 
    Sec. 14.  Minnesota Statutes 1986, section 609.821, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the following terms have the meanings given them: 
    (a) "Financial transaction card" or "card" has the meaning 
given in section 609.52 means any instrument or device, whether 
known as a credit card, credit plate, charge plate, courtesy 
card, bank services card, banking card, check guarantee card, 
debit card, or by any other name, issued with or without fee by 
an issuer for the use of the cardholder in obtaining credit, 
money, goods, services, or anything else of value, and includes 
the account or identification number or symbol of a financial 
transaction card. 
    (b) "Cardholder" means a person in whose name a card is 
issued. 
    (c) "Issuer" means a person or firm, or a duly authorized 
agent, that issues a financial transaction card. 
    (d) "Property" includes money, goods, services, or anything 
else of value. 
    Sec. 15.  Minnesota Statutes 1986, section 609.821, 
subdivision 2, is amended to read:  
    Subd. 2.  [VIOLATIONS; PENALTIES.] A person who does any of 
the following commits financial transaction card fraud: 
    (1) without the consent of the cardholder, and knowing that 
the cardholder has not given consent, uses or attempts to use a 
card to obtain the property of another; 
    (2) uses or attempts to use a card knowing it to be forged, 
false, fictitious, or obtained in violation of clause (6); 
    (3) sells or transfers a card knowing that the cardholder 
and issuer have not authorized the person to whom the card is 
sold or transferred to use the card, or that the card is forged, 
false, fictitious, or was obtained in violation of clause (6); 
    (4) without a legitimate business purpose, and without the 
consent of the cardholders, receives or possesses, with intent 
to use, or with intent to sell or transfer in violation of 
clause (3), two or more cards issued in the name of another, or 
two or more cards knowing the cards to be forged, false, 
fictitious, or obtained in violation of clause (6); 
    (5) being authorized by an issuer to furnish money, goods, 
services, or anything else of value, knowingly and with an 
intent to defraud the issuer or the cardholder: 
    (i) furnishes money, goods, services, or anything else of 
value upon presentation of a financial transaction card knowing 
it to be forged, expired, or revoked, or knowing that it is 
presented by a person without authority to use the card; or 
    (ii) represents in writing to the issuer that the person 
has furnished money, goods, services, or anything else of value 
which has not in fact been furnished;  
    (6) upon applying for a financial transaction card to an 
issuer: 
    (i) knowingly gives a false name or occupation; or 
    (ii) knowingly and substantially overvalues assets or 
substantially undervalues indebtedness for the purpose of 
inducing the issuer to issue a financial transaction card; or 
    (7) with intent to defraud, falsely notifies the issuer or 
any other person of a theft, loss, disappearance, or nonreceipt 
of a financial transaction card; or 
    (8) without the consent of the cardholder and knowing that 
the cardholder has not given consent, falsely alters, makes, or 
signs any written document pertaining to a card transaction to 
obtain or attempt to obtain the property of another. 
    Sec. 16.  Minnesota Statutes 1986, section 609.821, 
subdivision 3, is amended to read:  
    Subd. 3.  [SENTENCE.] A person who commits financial 
transaction card fraud may be sentenced as follows: 
    (1) for a violation of clause (1), (2) or, (5), or 8 of 
subdivision 2, in the manner provided in section 609.52, 
subdivision 3: 
    (i) 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 the person obtained or attempted to obtain 
was more than $2,500, or the aggregate amount of the 
transactions under this subdivision was more than $2,500; or 
    (ii) 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 the person obtained or attempted to obtain 
was more than $200 but not more than $2,500, or the aggregate 
amount of the transactions under this subdivision was more than 
$200 but not more than $2,500; or 
    (iii) 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 the person obtained or attempted to obtain 
was not more than $200, or the aggregate amount of the 
transactions under this subdivision was not more than $200, and 
the person has previously been convicted within the preceding 
five years for an offense under this section, section 609.24; 
609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 
609.625; 609.63; or section 13, or a statute from another state 
in conformity with any of those sections, and the person 
received a felony or gross misdemeanor sentence for the offense, 
or a sentence that was stayed under section 609.135 if the 
offense to which a plea was entered would allow imposition of a 
felony or gross misdemeanor sentence; or 
    (iv) to imprisonment for not more than one year or to 
payment of a fine of not more than $3,000, or both, if the value 
of the property the person obtained or attempted to obtain was 
not more than $200, or the aggregate amount of the transactions 
under this subdivision was not more than $200; and 
    (v) in any prosecution under clauses (i) to (iv) of this 
subdivision, the value of the transactions made or attempted 
within any six-month period may be aggregated and the defendant 
charged accordingly in applying the provisions of this section.  
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 card transactions occurred for all of 
the transactions aggregated under this paragraph; 
    (2) for a violation of clause (3) or (4) of subdivision 2, 
to imprisonment for not more than three years or to payment of a 
fine of not more than $5,000, or both; or 
    (3) for a violation of clause (6) or (7) of subdivision 2,: 
    (a) (i) if no property, other than a financial transaction 
card, has been obtained by the defendant by means of the false 
statement or false report, to imprisonment for not more than 90 
days one year or to payment of a fine of not more 
than $300 $3,000, or both; or 
    (b) (ii) if property, other than a financial transaction 
card, is so obtained, in the manner provided in section 609.52, 
subdivision 3 clause (1) of this subdivision. 
    Sec. 17.  Minnesota Statutes 1986, section 626A.05, 
subdivision 2, is amended to read:  
    Subd. 2.  [OFFENSES FOR WHICH INTERCEPTION OF WIRE OR ORAL 
COMMUNICATION MAY BE AUTHORIZED.] A warrant authorizing 
interception of wire or oral communications by investigative or 
law enforcement officers may only be issued when the 
interception may provide evidence of the commission of gambling 
or any criminal felony offense involving murder, manslaughter, 
aggravated assault, aggravated robbery, kidnapping, aggravated 
rape, prostitution, bribery, perjury, escape from custody, 
theft, receiving stolen property, embezzlement, burglary, 
forgery, aggravated forgery, check forgery, financial 
transaction card fraud, and offenses relating to controlled 
substances, or an attempt or conspiracy to commit any of these 
offenses, as punishable under sections 609.185, 609.19, 609.195, 
609.20, 609.225, 609.245, 609.25, 609.291, 609.321 to 609.324, 
609.42, 609.48, 609.485, subdivision 4, clause (1), 609.52, 
609.53, 609.54, 609.58, 609.625, 609.63, section 13, 609.76, 
609.821, 609.825, and chapter 152. 
      Sec. 18.  Minnesota Statutes 1986, section 629.34, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PEACE OFFICERS AND CONSTABLES.] (a) A 
peace officer, as defined in section 626.84, subdivision 1, 
clause (c), or a constable, as defined in section 367.40, 
subdivision 3, who is on or off duty within the jurisdiction of 
the appointing authority, or on duty outside the jurisdiction of 
the appointing authority pursuant to section 629.40, may arrest 
a person without a warrant as provided under paragraph (c). 
    (b) A part-time peace officer, as defined in section 
626.84, subdivision 1, clause (f), who is on duty within the 
jurisdiction of the appointing authority, or on duty outside the 
jurisdiction of the appointing authority pursuant to section 
629.40 may arrest a person without a warrant as provided under 
paragraph (c).  
    (c) A peace officer, constable, or part-time peace officer 
who is authorized under paragraph (a) or (b) to make an arrest 
without a warrant may do so under the following circumstances: 
    (1) When a public offense has been committed or attempted 
in the officer's or constable's presence; 
    (2) When the person arrested has committed a felony, 
although not in the officer's or constable's presence; 
    (3) When a felony has in fact been committed, and the 
officer or constable has reasonable cause for believing the 
person arrested to have committed it; or 
    (4) Upon a charge based upon reasonable cause of the 
commission of a felony by the person arrested; or 
    (5) Under the circumstances described in clause (2), (3), 
or (4), when the offense is a gross misdemeanor violation of 
section 609.52, 609.595, section 13, or 609.821. 
    (d) To make an arrest authorized under this subdivision, 
the officer or constable may break open an outer or inner door 
or window of a dwelling house if, after notice of office and 
purpose, the officer or constable is refused admittance. 
    Sec. 19.  Minnesota Statutes 1986, section 629.47, is 
amended to read:  
    629.47 [HEARING OR TRIAL ADJOURNED; RECOGNIZANCE ALLOWED.] 
    Subject to the right of the accused to a speedy trial as 
prescribed by the rules of criminal procedure, a court may 
adjourn a hearing or trial from time to time, as the need arises 
and reconvene it at the same or a different place in the county. 
During the adjournment, the person being tried may be released 
in accordance with rule 6.02 of the rules of criminal 
procedure.  The maximum cash bail that may be required for a 
person charged with a misdemeanor is double the highest cash 
fine which may be imposed for the offense. 
    Sec. 20.  [629.471] [MAXIMUM BAIL ON MISDEMEANORS; GROSS 
MISDEMEANORS.] 
    Subdivision 1.  [DOUBLE THE FINE.] Except as provided in 
subdivision 2, the maximum cash bail that may be required for a 
person charged with a misdemeanor or gross misdemeanor offense 
is double the highest cash fine that may be imposed for that 
offense. 
    Subd. 2.  [QUADRUPLE THE FINE.] For offenses under sections 
169.09, 169.121, 169.129, 518B.01, 609.2231, subdivision 2, 
609.224, 609.487, and 609.525, the maximum cash bail that may be 
required for a person charged with a misdemeanor or gross 
misdemeanor violation is quadruple the highest cash fine that 
may be imposed for the offense. 
    Sec. 21.  [REVISOR'S INSTRUCTION.] 
    In the next and subsequent editions of Minnesota Statutes 
the revisor of statutes shall change laws that provide for a 
maximum fine of $100 as a penalty for a petty misdemeanor 
violation to provide for a maximum fine of $200.  The change 
must be consistent with sections 3 and 4.  The maximum fines for 
a petty misdemeanor under section 152.15, subdivision 2, clause 
(5), and chapters 168 and 169, must remain $100 and must not be 
changed under this section. 
    Sec. 22.  [EFFECTIVE DATE.] 
    Sections 1 to 20 are effective August 1, 1987, and apply to 
crimes committed on or after that date. 
    Approved May 29, 1987