Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 218-S.F.No. 441
An act relating to crime prevention; modifying the
criminal penalties for certain crimes to provide more
uniformity; creating a pretrial diversion program for
writers of dishonored checks; amending Minnesota
Statutes 1998, sections 332.50, subdivision 2; 609.52,
subdivision 3; 609.535, subdivision 2a; 609.631,
subdivision 4; and 609.821, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 628.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 332.50,
subdivision 2, is amended to read:
Subd. 2. [ACTS CONSTITUTING.] Whoever issues any check
that is dishonored is liable for the following penalties:
(a) A service charge of up to $20, or actual costs of
collection not to exceed $30, may be imposed immediately on any
dishonored check, regardless of mailing a notice of dishonor, if
notice of the service charge was conspicuously displayed on the
premises when the check was issued. If a law enforcement agency
obtains payment of a dishonored check, a service charge not to
exceed $25 may be imposed if the service charge is retained by
the law enforcement agency for its expenses. Only one service
charge may be imposed under this paragraph for each dishonored
check.
(b) If the amount of the dishonored check is not paid
within 30 days after the payee or holder has mailed notice of
dishonor pursuant to section 609.535 and a description of the
penalties contained in this subdivision, whoever issued the
dishonored check is liable to the payee or holder of the check
for:
(1) the amount of the check, the service charge as provided
in paragraph (a), plus a civil penalty of up to $100 or the
value of the check, whichever is greater. The civil penalty may
not be imposed until 30 days following the mailing of the notice
of dishonor. A payee or holder of the check may make a written
demand for payment of the civil liability by sending a copy of
this section and a description of the liability contained in
this section to the issuer's last known address. Notice as
provided in paragraph (a) must also include notification that
additional civil penalties will be imposed for dishonored checks
for nonpayment after 30 days;
(2) interest at the rate payable on judgments pursuant to
section 549.09 on the face amount of the check from the date of
dishonor; and
(3) reasonable attorney fees if the aggregate amount of
dishonored checks issued by the issuer to all payees within a
six-month period is over $1,250.
(c) This subdivision prevails over any provision of law
limiting, prohibiting, or otherwise regulating service charges
authorized by this subdivision, but does not nullify charges for
dishonored checks, which do not exceed the charges in paragraph
(a) or terms or conditions for imposing the charges which have
been agreed to by the parties in an express contract.
(d) A sight draft may not be used as a means of collecting
the civil penalties provided in this section without prior
consent of the issuer.
(e) The issuer of a dishonored check is not liable for the
penalties described in paragraph (b) if a pretrial diversion
program under section 628.69 has been established in the
jurisdiction where the dishonored check was issued, the issuer
was accepted into the program, and the issuer successfully
completes the program.
Sec. 2. Minnesota Statutes 1998, 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
property is a firearm, or 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 an article representing a trade secret,
an explosive or incendiary device, or a controlled substance
listed in schedule I or II pursuant to section 152.02 with the
exception of marijuana; or
(3) 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 $500 but not more than $2,500; or
(b) the property stolen was a controlled substance listed
in schedule III, IV, or V pursuant to section 152.02; or
(c) the value of the property or services stolen is more
than $200 $250 but not more than $500 and the person has been
convicted within the preceding five years for an offense under
this section, section 256.98; 268.182; 609.24; 609.245; 609.53;
609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or
609.821, or a statute from another state, the United States, or
a foreign jurisdiction, 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
(d) the value of the property or services stolen is not
more than $500, and any of the following circumstances exist:
(i) the property is taken from the person of another or
from a corpse, or grave or coffin containing a corpse; or
(ii) 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
(iii) the property is taken from a burning, abandoned, or
vacant building or upon its removal therefrom, or from an area
of destruction caused by civil disaster, riot, bombing, or the
proximity of battle; or
(iv) the property consists of public funds belonging to the
state or to any political subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) 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 $250 but
not more than $500; or
(5) in all other cases where the value of the property or
services stolen is $200 $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 subdivision
2, clauses (1), (2), (3), (4), and (13), 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. 3. Minnesota Statutes 1998, section 609.535,
subdivision 2a, is amended 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 five years or to
payment of a fine of not more than $10,000, or both, if the
value of the dishonored check, or checks aggregated under
paragraph (b), is more than $500;
(2) 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, or checks aggregated under paragraph
(b), is more than $250 but not more than $500; or
(2) (3) 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, or checks aggregated under paragraph
(b), 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. Minnesota Statutes 1998, section 609.631,
subdivision 4, is amended to read:
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 20 years or to
payment of a fine of not more than $100,000, or both, if the
forged check or checks are used to obtain or in an attempt to
obtain, property or services of more than $35,000 or the
aggregate amount of the forged check or checks is more than
$35,000;
(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
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;
(3) 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 $250
but not more than $2,500, or the aggregate face amount of the
forged check or checks is more than $200 $250 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 $250, or have an aggregate face value of no more
than $200 $250, 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
(4) to imprisonment for not more than one year or
to payment of 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 $250, or the
aggregate face amount of the forged check or checks is no more
than $200 $250.
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. 5. Minnesota Statutes 1998, section 609.821,
subdivision 3, is amended to read:
Subd. 3. [SENTENCE.] (a) A person who commits financial
transaction card fraud may be sentenced as follows:
(1) for a violation of subdivision 2, clause (1), (2), (5),
or (8):
(i) 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 the person obtained or attempted to obtain
was more than $35,000, or the aggregate amount of the
transactions under this subdivision was more than $35,000; or
(ii) 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
(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 more than $200 $250 but not more than $2,500, or the
aggregate amount of the transactions under this subdivision was
more than $200 $250 but not more than $2,500; or
(iv) 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 $250, or the aggregate amount of the
transactions under this subdivision was not more than $200 $250,
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 609.631, 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
(v) 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 $250, or the aggregate amount of the
transactions under this subdivision was not more than $200 $250;
and
(vi) in any prosecution under clauses (i) to (v), 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 subdivision 2, clause (3) or (4), 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 subdivision 2, clause (6) or (7):
(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 one
year or to payment of a fine of not more than $3,000, or both;
or
(ii) if property, other than a financial transaction card,
is so obtained, in the manner provided in clause (1).
(b) In any prosecution under paragraph (a), clause (1), 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.
Sec. 6. [628.69] [PRETRIAL DIVERSION PROGRAM FOR WRITERS
OF DISHONORED CHECKS.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) a person is an "offender" if the person is charged
with, or probable cause exists to arrest or charge the person
with, a violation of section 609.535, but the person has not yet
entered a plea in the proceedings;
(2) "pretrial diversion" means the decision of a prosecutor
to refer an offender to a diversion program on condition that
the criminal charges against the offender will be dismissed
after a specified period of time, or the case will not be
charged, if the offender successfully completes the program; and
(3) "prosecutor" means a city or county attorney.
Subd. 2. [ESTABLISHMENT OF PROGRAM.] A prosecutor may
establish a pretrial diversion program for offenders. The
program may be conducted by the prosecutor or by a private
entity under contract with the prosecutor.
Subd. 3. [DIVERSION OF OFFENDER.] In determining whether
to accept an offender for pretrial diversion, the prosecutor
shall consider:
(1) the value of the dishonored check or checks;
(2) whether the offender has a criminal record or has
previously been diverted under this section or any other
diversion program;
(3) the number of dishonored check grievances against the
offender previously received by the prosecutor;
(4) whether there are other dishonored check grievances
currently pending against the offender;
(5) the strength of the evidence, if any, of intent to
defraud the victim; and
(6) the wishes of the victim regarding placement in the
program.
Subd. 4. [PROGRAM COMPONENTS.] (a) At a minimum, the
pretrial diversion program must require offenders to:
(1) successfully complete an appropriate educational class
or classes at their own expense which includes information on
writing checks and managing money;
(2) make full restitution to the victim of the offense; and
(3) pay appropriate penalties under section 332.50,
subdivision 2, paragraph (a).
(b) If the prosecutor determines that requiring an offender
to pay for the educational class described in paragraph (a),
clause (1), would result in an economic hardship to the offender
or the offender's family, the prosecutor may waive the
requirement.
Subd. 5. [NO CIVIL LIABILITY.] A victim of an offender who
successfully completes a pretrial diversion program under this
section may not recover the penalties described in section
332.50, subdivision 2, paragraph (b), if the penalties relate to
the offense resulting in completion of the diversion program.
Subd. 6. [REPORTING OF DATA TO CRIMINAL JUSTICE
INFORMATION SYSTEM (CJIS).] Every county attorney who has
established a pretrial diversion program under this section
shall report the following information to the bureau of criminal
apprehension:
(1) the name and date of birth of each diversion program
participant, and any other identifying information the
superintendent considers necessary;
(2) the date on which the individual began to participate
in the diversion program;
(3) the date on which the individual is expected to
complete the diversion program;
(4) the date on which the individual successfully completed
the diversion program, where applicable; and
(5) the date on which the individual was removed from the
diversion program for failure to successfully complete the
individual's goals, where applicable.
The superintendent shall cause the information described in
this subdivision to be entered into and maintained in the
criminal history file of the Minnesota criminal justice
information system.
Subd. 7. [REPORTS.] By January 15 of each odd-numbered
year, each prosecutor shall report to the supreme court and the
chairs of the senate and house committees having jurisdiction
over criminal justice policy on the operation of any pretrial
diversion program established under this section. The report
must include a description of the program, the number of
offenders participating in the program, the number and
characteristics of the offenders who successfully complete the
program, the number and characteristics of the offenders who
fail to complete the program, and an evaluation of the program's
effect on the operation of the criminal justice system within
the prosecutor's jurisdiction.
Sec. 7. [EFFECTIVE DATE.]
Sections 1 and 6 are effective August 1, 1999. Sections 2
to 5 are effective August 1, 1999, and apply to crimes committed
on or after that date.
Presented to the governor May 21, 1999
Signed by the governor May 24, 1999, 9:46 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes