Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 527-H.F.No. 2470 
           An act relating to crimes; increasing the penalties 
          for issuing dishonored checks with aggregate value 
          greater than $250; specifying the appropriate 
          prosecutor for certain violations; amending Minnesota 
          Statutes 1986, section 609.535, subdivision 2, and by 
          adding a subdivision; Minnesota Statutes 1987 
          Supplement, section 487.25, subdivision 10. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1987 Supplement, 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, 609.535, 609.595, 609.631, 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, 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. 2.  Minnesota Statutes 1986, section 609.535, 
subdivision 2, is amended to read:  
    Subd. 2.  [ACTS CONSTITUTING.] Whoever issues a check 
which, at the time of issuance, the issuer intends shall not be 
paid, is guilty of a misdemeanor issuing a dishonored check and 
may be sentenced as provided in section 3.  In addition, 
restitution may be ordered by the court.  
    Sec. 3.  Minnesota Statutes 1986, section 609.535, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [PENALTIES.] (a) A person who is convicted of 
issuing a dishonored check under subdivision 2 may be sentenced 
as follows: 
    (1) 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 dishonored check is more than $250; or 
    (2) to imprisonment for not more than 90 days or to payment 
of a fine of not more than $700, or both, if the value of the 
dishonored check is not more than $250. 
    (b) In a prosecution under this subdivision, the value of 
dishonored checks issued by the defendant in violation of this 
subdivision 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 dishonored checks was issued for all 
of the offenses aggregated under this paragraph. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective August 1, 1988, and apply to 
crimes committed on or after that date. 
    Approved April 14, 1988