language to be deleted (2) new language
CHAPTER 176-H.F.No. 621 An act relating to public safety; adding various arson definitions relating to flammability; imposing penalties on students who use ignition devices inside educational buildings; amending Minnesota Statutes 1998, sections 609.561, subdivision 3; and 609.5631, subdivision 2; 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 609.561, subdivision 3, is amended to read: Subd. 3. (a) Whoever unlawfully by means of fire or explosives, intentionally destroys or damages any building not included in subdivision 1, whether the property of the actor or another, commits arson in the first degree if a
combustible or flammable liquidflammable material is used to start or accelerate the fire and. A person who violates this paragraph may be sentenced to imprisonment for not more than 20 years or a fine of not more than $20,000, or both. (b) As used in this subdivision ,: (1) "combustible liquid" means a liquid having a flash point at or above 100 degrees Fahrenheit; (2) "flammable gas" means any material which is a gas at 68 degrees Fahrenheit or less and 14.7 psi of pressure and which: (i) is ignitable when in a mixture of 13 percent or less by volume with air at atmospheric pressure; or (ii) has a flammable range with air at atmospheric pressure of at least 12 percent, regardless of the lower flammable limit; (3) "flammable liquid" means any liquid having a flash point below 100 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees Fahrenheit, but does not include intoxicating liquor as defined in section 340A.101 . As used in this subdivision, "combustible liquid" means a liquid having a flash point at or above 100 degrees Fahrenheit; (4) "flammable material" means a flammable or combustible liquid, a flammable gas, or a flammable solid; and (5) "flammable solid" means any of the following three types of materials: (i) wetted explosives; (ii) self-reactive materials that are liable to undergo heat-producing decomposition; or (iii) readily combustible solids that may cause a fire through friction or that have a rapid burning rate as determined by specific flammability tests. Sec. 2. Minnesota Statutes 1998, section 609.5631, subdivision 2, is amended to read: Subd. 2. [CRIME DESCRIBED.] Whoever intentionally by means of fire or explosives sets fire to or burns or causes to be burned any real orpersonal property in a multiple unit residential building or public building and arson in the first, second, or third degree was not committed is guilty of a gross misdemeanor and 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. 3. [609.5633] [USE OF IGNITION DEVICES; PETTY MISDEMEANOR.] A student who uses an ignition device, including a butane or disposable lighter or matches, inside an educational building and under circumstances where there is an obvious risk of fire, and arson in the first, second, third, or fourth degree was not committed, is guilty of a petty misdemeanor. This section does not apply if the student uses the device in a manner authorized by the school. For the purposes of this section, "student" has the meaning given in section 123B.41, subdivision 11. Sec. 4. [EFFECTIVE DATE.] Sections 1 to 3 are effective August 1, 1999, and apply to acts committed on or after that date. Presented to the governor May 14, 1999 Signed by the governor May 18, 1999, 4:19 p.m.