Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 348-S.F.No. 2460 
                  An act relating to crimes; providing criminal 
                  penalties for persons who promote, advocate, and take 
                  responsibility for criminal acts under certain 
                  circumstances; providing for civil liability against 
                  persons who destroy field crops and organisms grown 
                  for research purposes; amending Minnesota Statutes 
                  2001 Supplement, section 609.495, by adding a 
                  subdivision; proposing coding for new law in Minnesota 
                  Statutes, chapter 604. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [604.13] [DESTRUCTION OF FIELD CROP PRODUCTS, 
        ANIMALS, ORGANISMS, OR CELLS; CIVIL LIABILITY.] 
           Subdivision 1.  [LIABILITY.] No person other than the 
        owner, designee, or agent may willfully and knowingly damage or 
        destroy any field crop, animal, organism, or cell that is grown 
        for testing or research purposes in conjunction or coordination 
        with a private research facility or a university or a federal, 
        state, or local government agency.  A person who violates this 
        subdivision is liable for three times the value of the crop, 
        animal, organism, or cell damaged or destroyed, as provided in 
        subdivisions 2 and 3.  This section does not apply to crops, 
        animals, organisms, or cells damaged or destroyed by emergency 
        vehicles and personnel acting in a reasonable and prudent manner.
           Subd. 2.  [DAMAGES; FACTORS TO CONSIDER.] In awarding 
        damages under this section, the court shall consider the market 
        and research value of the crop, animal, organism, or cell prior 
        to damage or destruction, and production, research, testing, 
        replacement, and development costs directly related to the crop, 
        animal, organism, or cell that has been damaged or destroyed as 
        part of the value. 
           Subd. 3.  [DAMAGES; LIMIT.] Damages available under this 
        section are limited to: 
           (1) three times the market and research value of the crop, 
        animal, organism, or cell prior to damage or destruction plus 
        three times the actual damages involving production, research, 
        testing, replacement, and development costs directly related to 
        the crop, animal, organism, or cell that has been damaged or 
        destroyed; and 
           (2) an amount up to $100,000 to compensate for delays in 
        completing testing or research resulting from a violation of 
        subdivision 1. 
           Sec. 2.  Minnesota Statutes 2001 Supplement, section 
        609.495, is amended by adding a subdivision to read: 
           Subd. 4.  [TAKING RESPONSIBILITY FOR CRIMINAL ACTS.] (a) 
        Unless the person is convicted of the underlying crime, a person 
        who assumes responsibility for a criminal act with the intent to 
        obstruct, impede, or prevent a criminal investigation may be 
        sentenced to not more than one-half of the statutory maximum 
        sentence of imprisonment or to payment of a fine of not more 
        than one-half of the maximum fine that could be imposed on the 
        principal offender for the criminal act. 
           (b) Nothing in this subdivision shall be construed to 
        impair the right of any individual or group to engage in speech 
        protected by the United States Constitution or the Minnesota 
        Constitution. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Section 1 is effective July 1, 2002, and applies to causes 
        of action arising on or after that date.  Section 2 is effective 
        August 1, 2002, and applies to crimes committed on or after that 
        date. 
           Presented to the governor April 22, 2002 
           Signed by the governor April 24, 2002, 1:50 p.m.