Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 244-S.F.No. 333 
                  An act relating to crime prevention; entitling 
                  consumers to free copies of consumer reports; 
                  providing criminal penalties and forfeiture sanctions 
                  for persons who transfer, possess, or use the identity 
                  of another with intent to commit or aid in the 
                  commission of certain unlawful activity; amending 
                  Minnesota Statutes 1998, sections 13C.01, subdivision 
                  1; 609.531, subdivision 1; and 609.902, subdivision 4; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 609. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 13C.01, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FEE FOR REPORT.] (a) A consumer who is the 
        subject of a consumer report maintained by a consumer reporting 
        agency is entitled to request and receive by mail, for a charge 
        not to exceed $8 $3, a copy of the consumer report once in any 
        12-month period.  The mailing must contain a statement of the 
        consumer's right to dispute and correct any errors and of the 
        procedures set forth in the federal Fair Credit Reporting Act, 
        United States Code, title 15, sections 1681 et seq., for that 
        purpose.  The consumer reporting agency shall respond to a 
        request under this subdivision within 30 days. 
           (b) A consumer who exercises the right to dispute and 
        correct errors is entitled, after doing so, to request and 
        receive by mail, without charge, a copy of the consumer report 
        in order to confirm that the consumer report was corrected. 
           (c) A consumer is entitled to a free copy of a consumer 
        report if the consumer satisfies the procedures set forth in the 
        federal Fair Credit Reporting Act, United States Code, title 15, 
        sections 1681 et seq. 
           Sec. 2.  [609.527] [IDENTITY THEFT.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given them in this 
        subdivision. 
           (b) "Direct victim" means any person or entity described in 
        section 611A.01, paragraph (b), whose identity has been 
        transferred, used, or possessed in violation of this section. 
           (c) "Identity" means any name, number, or data transmission 
        that may be used, alone or in conjunction with any other 
        information, to identify a specific individual, including any of 
        the following: 
           (1) a name, social security number, date of birth, official 
        government-issued driver's license or identification number, 
        government passport number, or employer or taxpayer 
        identification number; 
           (2) unique electronic identification number, address, 
        account number, or routing code; or 
           (3) telecommunication identification information or access 
        device. 
           (d) "Indirect victim" means any person or entity described 
        in section 611A.01, paragraph (b), other than a direct victim. 
           (e) "Loss" means value obtained, as defined in section 
        609.52, subdivision 1, clause (3), and expenses incurred by a 
        direct or indirect victim as a result of a violation of this 
        section. 
           (f) "Unlawful activity" means: 
           (1) any felony violation of the laws of this state or any 
        felony violation of a similar law of another state or the United 
        States; and 
           (2) any non-felony violation of the laws of this state 
        involving theft, theft by swindle, forgery, fraud, or giving 
        false information to a public official, or any non-felony 
        violation of a similar law of another state or the United States.
           Subd. 2.  [CRIME.] A person who transfers, possesses, or 
        uses an identity that is not the person's own, with the intent 
        to commit, aid, or abet any unlawful activity is guilty of 
        identity theft and may be punished as provided in subdivision 3. 
           Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
        may be sentenced as follows: 
           (1) if the offense involves a single direct victim and the 
        total, combined loss to the direct victim and any indirect 
        victims is $200 or less, the person may be sentenced as provided 
        in section 609.52, subdivision 3, clause (5); 
           (2) if the offense involves a single direct victim and the 
        total, combined loss to the direct victim and any indirect 
        victims is more than $200 but not more than $500, the person may 
        be sentenced as provided in section 609.52, subdivision 3, 
        clause (4); 
           (3) if the offense involves two or three direct victims or 
        the total, combined loss to the direct and indirect victims is 
        more than $500 but not more than $2,500, the person may be 
        sentenced as provided in section 609.52, subdivision 3, clause 
        (3); and 
           (4) if the offense involves four or more direct victims, or 
        if the total, combined loss to the direct and indirect victims 
        is more than $2,500, the person may be sentenced as provided in 
        section 609.52, subdivision 3, clause (2). 
           Subd. 4.  [RESTITUTION.] A direct or indirect victim of an 
        identity theft crime shall be considered a victim for all 
        purposes, including any rights that accrue under chapter 611A 
        and rights to court-ordered restitution. 
           Sec. 3.  Minnesota Statutes 1998, section 609.531, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
        609.531 to 609.5318, the following terms have the meanings given 
        them.  
           (a) "Conveyance device" means a device used for 
        transportation and includes, but is not limited to, a motor 
        vehicle, trailer, snowmobile, airplane, and vessel and any 
        equipment attached to it.  The term "conveyance device" does not 
        include property which is, in fact, itself stolen or taken in 
        violation of the law.  
           (b) "Weapon used" means a dangerous weapon as defined under 
        section 609.02, subdivision 6, that the actor used or had in 
        possession in furtherance of a crime.  
           (c) "Property" means property as defined in section 609.52, 
        subdivision 1, clause (1).  
           (d) "Contraband" means property which is illegal to possess 
        under Minnesota law.  
           (e) "Appropriate agency" means the bureau of criminal 
        apprehension, the Minnesota state patrol, a county sheriff's 
        department, the suburban Hennepin regional park district park 
        rangers, the department of natural resources division of 
        enforcement, the University of Minnesota police department, or a 
        city or airport police department.  
           (f) "Designated offense" includes:  
           (1) for weapons used:  any violation of this chapter, 
        chapter 152, or chapter 624; 
           (2) for all other purposes:  a felony violation of, or a 
        felony-level attempt or conspiracy to violate, section 325E.17; 
        325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
        609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
        609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
        1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
        (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
        and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
        609.52; 609.525; 609.527; 609.53; 609.54; 609.551; 609.561; 
        609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 609.66, 
        subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 
        609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
        617.246; or a gross misdemeanor or felony violation of section 
        609.891 or 624.7181; or any violation of section 609.324.  
           (g) "Controlled substance" has the meaning given in section 
        152.01, subdivision 4. 
           Sec. 4.  Minnesota Statutes 1998, section 609.902, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CRIMINAL ACT.] "Criminal act" means conduct 
        constituting, or a conspiracy or attempt to commit, a felony 
        violation of chapter 152, or a felony violation of section 
        297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195; 
        609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.228; 
        609.235; 609.245; 609.25; 609.27; 609.322; 609.342; 609.343; 
        609.344; 609.345; 609.42; 609.48; 609.485; 609.495; 609.496; 
        609.497; 609.498; 609.52, subdivision 2, if the offense is 
        punishable under subdivision 3, clause (3)(b) or clause 3(d)(v) 
        or (vi); section 609.52, subdivision 2, clause (4); 609.527, if 
        the crime is punishable under subdivision 3, clause (4) or (5); 
        609.53; 609.561; 609.562; 609.582, subdivision 1 or 2; 609.668, 
        subdivision 6, paragraph (a); 609.67; 609.687; 609.713; 609.86; 
        609.894, subdivision 3 or 4; 624.713; 624.74; or 626A.02, 
        subdivision 1, if the offense is punishable under section 
        626A.02, subdivision 4, paragraph (a).  "Criminal act" also 
        includes conduct constituting, or a conspiracy or attempt to 
        commit, a felony violation of section 609.52, subdivision 2, 
        clause (3), (4), (15), or (16), if the violation involves an 
        insurance company as defined in section 60A.02, subdivision 4, a 
        nonprofit health service plan corporation regulated under 
        chapter 62C, a health maintenance organization regulated under 
        chapter 62D, or a fraternal benefit society regulated under 
        chapter 64B. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Sections 1 to 4 are effective August 1, 1999, and apply to 
        crimes committed on or after that date. 
           Presented to the governor May 24, 1999 
           Signed by the governor May 25, 1999, 11:45 a.m.