Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 354-S.F.No. 3455 
                  An act relating to crime prevention; limiting the 
                  liability of financial institutions that provide 
                  information in good faith on stolen, forged, or 
                  fraudulent checks in the course of an investigation; 
                  making it a crime to falsely report stolen checks to a 
                  financial institution or to possess, sell, receive, or 
                  transfer stolen or counterfeit checks; providing 
                  criminal penalties and forfeiture remedies for such 
                  conduct; expanding the racketeering crime to include 
                  organized criminal activity involving stolen or 
                  counterfeit checks; making technical corrections to 
                  certain penalties; amending Minnesota Statutes 1998, 
                  section 299A.61, subdivision 3; Minnesota Statutes 
                  1999 Supplement, sections 609.527, subdivision 3; 
                  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 299A.61, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LIMIT ON LIABILITY OF FINANCIAL INSTITUTION.] A 
        financial institution, including its employees or company 
        agents, that provides or reasonably attempts to provide stolen, 
        forged, or fraudulent check information for use by the crime 
        alert network, check verification services, consumer reporting 
        agencies, or by law enforcement agencies that are investigating 
        a crime is not liable to any person for disclosing the 
        information, provided that the financial institution is acting 
        in good faith. 
           Sec. 2.  [609.508] [FALSE INFORMATION TO FINANCIAL 
        INSTITUTION.] 
           A person is guilty of a misdemeanor if the person informs a 
        financial institution, orally or in writing, that one or more of 
        the person's blank checks or debit cards have been lost or 
        stolen, knowing or having reason to know that the information is 
        false. 
           Sec. 3.  Minnesota Statutes 1999 Supplement, section 
        609.527, subdivision 3, is amended to read: 
           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 $250 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 $250 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). 
           Sec. 4.  [609.528] [POSSESSION OR SALE OF STOLEN OR 
        COUNTERFEIT CHECK; PENALTIES.] 
           Subdivision 1.  [DEFINITION.] (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), from whom a check is stolen or 
        whose name or other identifying information is contained in a 
        counterfeit check. 
           (c) "Indirect victim" means any person or entity described 
        in section 611A.01, paragraph (b), other than a direct victim. 
           (d) "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. 
           Subd. 2.  [CRIME.] A person who sells, possesses, receives, 
        or transfers a check that is stolen or counterfeit, knowing or 
        having reason to know the check is stolen or counterfeit, is 
        guilty of a crime 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 $250 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 $250 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). 
           Sec. 5.  Minnesota Statutes 1999 Supplement, 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; 609.528; 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; 
        609.895; 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. 6.  Minnesota Statutes 1999 Supplement, 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); 
        609.528, if the crime is punishable under subdivision 3, clause 
        (4); 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; 609.895; 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. 7.  [EFFECTIVE DATE.] 
           Sections 1 to 6 are effective August 1, 2000, and apply to 
        crimes committed on or after that date. 
           Presented to the governor April 6, 2000 
           Signed by the governor April 10, 2000, 2:55 p.m.