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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 106-S.F.No. 980 
                  An act relating to crime; providing reporting 
                  procedures and venue for identity theft; providing for 
                  aggregation of identity theft offenses; defining the 
                  crime of mail theft; providing criminal penalties; 
                  amending Minnesota Statutes 2002, section 609.527, by 
                  adding subdivisions; 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 2002, section 609.527, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [REPORTING.] (a) A person who has learned or 
        reasonably suspects that a person is a direct victim of a crime 
        under subdivision 2 may initiate a law enforcement investigation 
        by contacting the local law enforcement agency that has 
        jurisdiction where the person resides, regardless of where the 
        crime may have occurred.  The agency must prepare a police 
        report of the matter, provide the complainant with a copy of 
        that report, and may begin an investigation of the facts, or, if 
        the suspected crime was committed in a different jurisdiction, 
        refer the matter to the law enforcement agency where the 
        suspected crime was committed for an investigation of the facts. 
           (b) If a law enforcement agency refers a report to the law 
        enforcement agency where the crime was committed, it need not 
        include the report as a crime committed in its jurisdiction for 
        purposes of information that the agency is required to provide 
        to the commissioner of public safety pursuant to section 299C.06.
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 2.  Minnesota Statutes 2002, section 609.527, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [VENUE.] Notwithstanding anything to the contrary 
        in section 627.01, an offense committed under subdivision 2 may 
        be prosecuted in: 
           (1) the county where the offense occurred; or 
           (2) the county of residence or place of business of the 
        direct victim or indirect victim. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 3.  Minnesota Statutes 2002, section 609.527, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [AGGREGATION.] In any prosecution under 
        subdivision 2, the value of the money or property or services 
        the defendant receives or the number of direct or indirect 
        victims within any six-month period may be aggregated and the 
        defendant charged accordingly in applying the provisions of 
        subdivision 3; 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 subdivision. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 4.  [609.529] [MAIL THEFT.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given them in this 
        subdivision. 
           (b) "Mail" means a letter, postal card, package, bag, or 
        other sealed article addressed to another. 
           (c) "Mail depository" means a mail box, letter box, or mail 
        receptacle; a post office or station of a post office; a mail 
        route; or a postal service vehicle. 
           Subd. 2.  [CRIME.] Whoever does any of the following is 
        guilty of mail theft and may be sentenced as provided in 
        subdivision 3: 
           (1) intentionally and without claim of right removes mail 
        from a mail depository; 
           (2) intentionally and without claim of right takes mail 
        from a mail carrier; 
           (3) obtains custody of mail by intentionally deceiving a 
        mail carrier, or other person who rightfully possesses or 
        controls the mail, with a false representation which is known to 
        be false, made with intent to deceive and which does deceive a 
        mail carrier or other person who possesses or controls the mail; 
           (4) intentionally and without claim of right removes the 
        contents of mail addressed to another; 
           (5) intentionally and without claim of right takes mail, or 
        the contents of mail, that has been left for collection on or 
        near a mail depository; or 
           (6) receives, possesses, transfers, buys, or conceals mail 
        obtained by acts described in clauses (1) to (5), knowing or 
        having reason to know the mail was obtained illegally. 
           Subd. 3.  [PENALTIES.] A person convicted under subdivision 
        2 may be sentenced to imprisonment for not more than three years 
        or to a payment of a fine of not more than $5,000, or both. 
           Subd. 4.  [VENUE.] Notwithstanding anything to the contrary 
        in section 627.01, an offense committed under subdivision 2 may 
        be prosecuted in: 
           (1) the county where the offense occurred; or 
           (2) the county of residence or place of business of the 
        direct victim or indirect victim. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Presented to the governor May 23, 2003 
           Signed by the governor May 27, 2003, 2:01 p.m.