Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 371-H.F.No. 2143 
           An act relating to crimes; defining "crime" for 
          purposes of crime victims reparations; amending 
          Minnesota Statutes 1988, section 611A.52, subdivision 
          6.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1988, section 611A.52, 
subdivision 6, is amended to read:  
    Subd. 6.  [CRIME.] (a) "Crime" means conduct that:  
    (1) occurs or is attempted anywhere within the geographical 
boundaries of this state, including Indian reservations and 
other trust lands; 
    (2) poses a substantial threat of personal injury or death; 
and 
    (3) is included within the definition of "crime" in 
Minnesota Statutes 1971, section 609.02, subdivision 1, or would 
be included within that definition but for the fact that the 
person engaging in the conduct lacked capacity to commit the 
crime under the laws of this state.  
    (b) A crime occurs whether or not any person is prosecuted 
or convicted but the conviction of a person whose acts give rise 
to the claim is conclusive evidence that a crime was committed 
unless an application for rehearing, appeal, or petition for 
certiorari is pending or a new trial or rehearing has been 
ordered.  
    (c)"Crime" does not include conduct arising out of the use 
of a motor vehicle, as defined in section 169.01, subdivision 2, 
an aircraft or watercraft unless:  
    (1) the conduct was intended to cause personal injury or 
death; or 
    (2) the use of the motor vehicle, aircraft or watercraft in 
the commission of a felony was a proximate cause of the victim's 
injury or death; or 
    (3) the claim arises out of a violation of section 609.21.  
an act involving the operation of a motor vehicle, aircraft, or 
watercraft that results in injury or death, except that a crime 
includes any of the following: 
    (1) injury or death intentionally inflicted through the use 
of a motor vehicle, aircraft, or watercraft; 
    (2) injury or death caused by a driver in violation of 
section 169.09, subdivision 1; 169.121; or 609.21; and 
    (3) injury or death caused by a driver of a motor vehicle 
in the immediate act of fleeing the scene of a crime in which 
the driver knowingly and willingly participated. 
    Presented to the governor March 28, 1990 
    Signed by the governor March 30, 1990, 7:02 p.m.