Bill Text: MN HF628 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Employers hiring illegal immigrants penalties provided, documents that are included in the crime of aggravated forgery added, penalty increased for aggravated forgery, and sex trafficking established as a separate crime from the promotion of prostitution.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-16 - Author stricken Peterson, S. [HF628 Detail]
Download: Minnesota-2011-HF628-Introduced.html
1.2relating to public safety; providing penalties for employers hiring illegal
1.3immigrants; adding documents that are included in the crime of aggravated
1.4forgery; increasing penalty for aggravated forgery; establishing sex trafficking
1.5as a separate crime from the promotion of prostitution;amending Minnesota
1.6Statutes 2010, sections 609.281, subdivision 4, by adding subdivisions; 609.282,
1.7subdivisions 1, 2; 609.321, subdivision 7a; 609.625, subdivision 1; proposing
1.8coding for new law in Minnesota Statutes, chapter 181.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. [181.982] EMPLOYER VIOLATION OF FEDERAL IMMIGRATION
1.11LAW.
1.12 Subdivision 1. Sanctions against a licensed entity. A state agency that licenses
1.13a Minnesota employer may impose a fine or penalty authorized under the licensing
1.14law if the employer has been found to have knowingly hired an illegal immigrant for
1.15employment in Minnesota. In taking action against the employer under this section, the
1.16agency shall use the existing laws and procedures that govern the agency's authority to
1.17take action against the employer. The commissioner of the Department of Labor and
1.18Industry shall coordinate the enforcement of this section by state agencies. The penalty
1.19under this section is as follows:
1.20(1) for a first occurrence, $250 to $2,000;
1.21(2) for a second occurrence, $2,000 to $3,000; and
1.22(3) for a third or subsequent occurrence, $3,000 to $5,000.
1.23 Subd. 2. Violations established. This section applies to cases in which an
1.24employer has been found to have knowingly hired an illegal immigrant for employment
1.25in Minnesota pursuant to:
2.1(1) a final order or fine issued by the United States Immigration and Customs
2.2Enforcement Office;
2.3(2) a final order following a hearing conducted by the Office of the Chief
2.4Administrative Hearing Officer, Executive Office for Immigration Review, United States
2.5Department of Justice; or
2.6(3) a criminal conviction or settlement.
2.7 Subd. 3. Definitions. For purposes of this section, the following terms have the
2.8meanings given them:
2.9(1) "employer" means any person having one or more employees in Minnesota;
2.10(2) "license" includes a certification, registration, permit, or other authorization
2.11required for a business or employer to operate in Minnesota;
2.12(3) "person" includes any individual, limited liability company, corporation,
2.13partnership, incorporated or unincorporated association, sole proprietorship, joint stock
2.14company, or any other legal or commercial entity; and
2.15(4) "state agency" means the state, and any office, officer, department, division,
2.16bureau, board, commissioner, authority, district, or agency of the state, including the
2.17University of Minnesota and the Minnesota State Colleges and Universities system.
2.18 Subd. 4. Exception. The commissioner may not fine an employer who is actively
2.19cooperating with and using the United States Immigration and Customs Enforcement
2.20Agency to screen workers.
2.21EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
2.22incidents occurring on or after that date.
2.23 Sec. 2. Minnesota Statutes 2010, section 609.281, subdivision 4, is amended to read:
2.24 Subd. 4. Forced; forced labor or services. "Forced" or "forced labor or services"
2.25means labor or services that are performed or provided by another person and are obtained
2.26or maintained through an actor's:
2.27(1) threat, either implicit or explicit, scheme, plan, or pattern, or other action
2.28intended to cause a person to believe that, if the person did not perform or provide the labor
2.29or services, that person or another person would suffer bodily harm or physical restraint;
2.30(2) physically restraining or threatening to physically restrain a person;
2.31(3) abuse or threatened abuse of the legal process;
2.32(4) knowingly destroying, concealing, removing, confiscating, or possessing any
2.33actual or purported passport or other immigration document, or any other actual or
2.34purported government identification document, of another person; or
2.35(5) use of blackmail.
3.1 Sec. 3. Minnesota Statutes 2010, section 609.281, is amended by adding a subdivision
3.2to read:
3.3 Subd. 7. Nudity. "Nudity" has the meaning given in section 617.292, subdivision 3.
3.4 Sec. 4. Minnesota Statutes 2010, section 609.281, is amended by adding a subdivision
3.5to read:
3.6 Subd. 8. Performance. "Performance" has the meaning given in section 617.241,
3.7subdivision 1, paragraph (f).
3.8 Sec. 5. Minnesota Statutes 2010, section 609.281, is amended by adding a subdivision
3.9to read:
3.10 Subd. 11. Sexual performance. "Sexual performance" means any play, dance, or
3.11other exhibition presented before an audience or for purposes of visual or mechanical
3.12reproduction that uses a person to depict actual or simulated sexual conduct defined in
3.13section 617.241, subdivision 1, paragraph (b).
3.14 Sec. 6. Minnesota Statutes 2010, section 609.282, subdivision 1, is amended to read:
3.15 Subdivision 1. Individuals under age 18. Whoever knowingly engages in the labor
3.16or sex trafficking of an individual who is under the age of 18 is guilty of a crime and
3.17may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
3.18not more than $40,000, or both.
3.19EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.20committed on or after that date.
3.21 Sec. 7. Minnesota Statutes 2010, section 609.282, subdivision 2, is amended to read:
3.22 Subd. 2. Other offenses. Whoever knowingly engages in the labor or sex trafficking
3.23of another is guilty of a crime and may be sentenced to imprisonment for not more than 15
3.24years or to payment of a fine of not more than $30,000, or both.
3.25EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.26committed on or after that date.
3.27 Sec. 8. Minnesota Statutes 2010, section 609.321, subdivision 7a, is amended to read:
3.28 Subd. 7a. Sex trafficking. "Sex trafficking" means:
3.29(1) receiving, recruiting, enticing, harboring, providing, or obtaining by any means
3.30an individual to aid in the:
4.1(i) prostitution of the individual;
4.2(ii) forced sexual performance by the individual; or
4.3(iii) forced performance involving nudity by the individual; or
4.4(2) receiving profit or anything of value, knowing or having reason to know it is
4.5derived from an act described in clause (1).
4.6EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.7committed on or after that date.
4.8 Sec. 9. Minnesota Statutes 2010, section 609.625, subdivision 1, is amended to read:
4.9 Subdivision 1. Making or altering writing or object. Whoever, with intent to
4.10defraud, falsely makes or alters a writing or object of any of the following kinds so that it
4.11purports to have been made by another or by the maker or alterer under an assumed or
4.12fictitious name, or at another time, or with different provisions, or by authority of one
4.13who did not give such authority, is guilty of aggravated forgery and may be sentenced
4.14to imprisonment for not more thanten 20 years or to payment of a fine of not more than
4.15$20,000 $40,000, or both:
4.16(1) a writing or object whereby, when genuine, legal rights, privileges, or obligations
4.17are created, terminated, transferred, or evidenced, or any writing normally relied upon as
4.18evidence of debt or property rights, other than a check as defined in section609.631 or a
4.19financial transaction card as defined in section609.821 ; or
4.20(2) an official seal or the seal of a corporation; or
4.21(3) a public record or an official authentication or certification of a copy thereof; or
4.22(4) an official return or certificate entitled to be received as evidence of its contents;
4.23or
4.24(5) a court order, judgment, decree, or process; or
4.25(6) the records or accounts of a public body, office, or officer;or
4.26(7) the records or accounts of a bank or person, with whom funds of the state or any
4.27of its agencies or subdivisions are deposited or entrusted, relating to such funds;
4.28(8) an unexpired or expired United States passport;
4.29(9) a driver's license;
4.30(10) an identification card issued by federal, state, or local agencies or entities,
4.31provided it contains a photograph or information, such as name, date of birth, gender,
4.32height, eye color, and address;
4.33(11) a school identification card with a photograph;
4.34(12) a voter registration card;
4.35(13) a United States military identification card or draft record;
5.1(14) a Native American tribal document;
5.2(15) a Social Security card issued by the United States Social Security
5.3Administration;
5.4(16) a Consular Report of Birth Abroad of a Citizen of the United States of America;
5.5(17) United States Citizen Identification Card; or
5.6(18) an identification card for use of resident citizen in the United States.
5.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
5.8committed on or after that date.
5.9 Sec. 10. REVISOR'S INSTRUCTION.
5.10In Minnesota Statutes, the revisor of statutes shall renumber section 609.321,
5.11subdivision 7a, as section 609.281, subdivision 9, and section 609.321, subdivision 7b,
5.12as section 609.281, subdivision 10, and correct any cross-references resulting from the
5.13renumbering.
1.3immigrants; adding documents that are included in the crime of aggravated
1.4forgery; increasing penalty for aggravated forgery; establishing sex trafficking
1.5as a separate crime from the promotion of prostitution;amending Minnesota
1.6Statutes 2010, sections 609.281, subdivision 4, by adding subdivisions; 609.282,
1.7subdivisions 1, 2; 609.321, subdivision 7a; 609.625, subdivision 1; proposing
1.8coding for new law in Minnesota Statutes, chapter 181.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. [181.982] EMPLOYER VIOLATION OF FEDERAL IMMIGRATION
1.11LAW.
1.12 Subdivision 1. Sanctions against a licensed entity. A state agency that licenses
1.13a Minnesota employer may impose a fine or penalty authorized under the licensing
1.14law if the employer has been found to have knowingly hired an illegal immigrant for
1.15employment in Minnesota. In taking action against the employer under this section, the
1.16agency shall use the existing laws and procedures that govern the agency's authority to
1.17take action against the employer. The commissioner of the Department of Labor and
1.18Industry shall coordinate the enforcement of this section by state agencies. The penalty
1.19under this section is as follows:
1.20(1) for a first occurrence, $250 to $2,000;
1.21(2) for a second occurrence, $2,000 to $3,000; and
1.22(3) for a third or subsequent occurrence, $3,000 to $5,000.
1.23 Subd. 2. Violations established. This section applies to cases in which an
1.24employer has been found to have knowingly hired an illegal immigrant for employment
1.25in Minnesota pursuant to:
2.1(1) a final order or fine issued by the United States Immigration and Customs
2.2Enforcement Office;
2.3(2) a final order following a hearing conducted by the Office of the Chief
2.4Administrative Hearing Officer, Executive Office for Immigration Review, United States
2.5Department of Justice; or
2.6(3) a criminal conviction or settlement.
2.7 Subd. 3. Definitions. For purposes of this section, the following terms have the
2.8meanings given them:
2.9(1) "employer" means any person having one or more employees in Minnesota;
2.10(2) "license" includes a certification, registration, permit, or other authorization
2.11required for a business or employer to operate in Minnesota;
2.12(3) "person" includes any individual, limited liability company, corporation,
2.13partnership, incorporated or unincorporated association, sole proprietorship, joint stock
2.14company, or any other legal or commercial entity; and
2.15(4) "state agency" means the state, and any office, officer, department, division,
2.16bureau, board, commissioner, authority, district, or agency of the state, including the
2.17University of Minnesota and the Minnesota State Colleges and Universities system.
2.18 Subd. 4. Exception. The commissioner may not fine an employer who is actively
2.19cooperating with and using the United States Immigration and Customs Enforcement
2.20Agency to screen workers.
2.21EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
2.22incidents occurring on or after that date.
2.23 Sec. 2. Minnesota Statutes 2010, section 609.281, subdivision 4, is amended to read:
2.24 Subd. 4. Forced; forced labor or services. "Forced" or "forced labor or services"
2.25means labor or services that are performed or provided by another person and are obtained
2.26or maintained through an actor's:
2.27(1) threat, either implicit or explicit, scheme, plan, or pattern, or other action
2.28intended to cause a person to believe that, if the person did not perform or provide the labor
2.29or services, that person or another person would suffer bodily harm or physical restraint;
2.30(2) physically restraining or threatening to physically restrain a person;
2.31(3) abuse or threatened abuse of the legal process;
2.32(4) knowingly destroying, concealing, removing, confiscating, or possessing any
2.33actual or purported passport or other immigration document, or any other actual or
2.34purported government identification document, of another person; or
2.35(5) use of blackmail.
3.1 Sec. 3. Minnesota Statutes 2010, section 609.281, is amended by adding a subdivision
3.2to read:
3.3 Subd. 7. Nudity. "Nudity" has the meaning given in section 617.292, subdivision 3.
3.4 Sec. 4. Minnesota Statutes 2010, section 609.281, is amended by adding a subdivision
3.5to read:
3.6 Subd. 8. Performance. "Performance" has the meaning given in section 617.241,
3.7subdivision 1, paragraph (f).
3.8 Sec. 5. Minnesota Statutes 2010, section 609.281, is amended by adding a subdivision
3.9to read:
3.10 Subd. 11. Sexual performance. "Sexual performance" means any play, dance, or
3.11other exhibition presented before an audience or for purposes of visual or mechanical
3.12reproduction that uses a person to depict actual or simulated sexual conduct defined in
3.13section 617.241, subdivision 1, paragraph (b).
3.14 Sec. 6. Minnesota Statutes 2010, section 609.282, subdivision 1, is amended to read:
3.15 Subdivision 1. Individuals under age 18. Whoever knowingly engages in the labor
3.16or sex trafficking of an individual who is under the age of 18 is guilty of a crime and
3.17may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
3.18not more than $40,000, or both.
3.19EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.20committed on or after that date.
3.21 Sec. 7. Minnesota Statutes 2010, section 609.282, subdivision 2, is amended to read:
3.22 Subd. 2. Other offenses. Whoever knowingly engages in the labor or sex trafficking
3.23of another is guilty of a crime and may be sentenced to imprisonment for not more than 15
3.24years or to payment of a fine of not more than $30,000, or both.
3.25EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.26committed on or after that date.
3.27 Sec. 8. Minnesota Statutes 2010, section 609.321, subdivision 7a, is amended to read:
3.28 Subd. 7a. Sex trafficking. "Sex trafficking" means:
3.29(1) receiving, recruiting, enticing, harboring, providing, or obtaining by any means
3.30an individual to aid in the:
4.1(i) prostitution of the individual;
4.2(ii) forced sexual performance by the individual; or
4.3(iii) forced performance involving nudity by the individual; or
4.4(2) receiving profit or anything of value, knowing or having reason to know it is
4.5derived from an act described in clause (1).
4.6EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.7committed on or after that date.
4.8 Sec. 9. Minnesota Statutes 2010, section 609.625, subdivision 1, is amended to read:
4.9 Subdivision 1. Making or altering writing or object. Whoever, with intent to
4.10defraud, falsely makes or alters a writing or object of any of the following kinds so that it
4.11purports to have been made by another or by the maker or alterer under an assumed or
4.12fictitious name, or at another time, or with different provisions, or by authority of one
4.13who did not give such authority, is guilty of aggravated forgery and may be sentenced
4.14to imprisonment for not more than
4.15
4.16(1) a writing or object whereby, when genuine, legal rights, privileges, or obligations
4.17are created, terminated, transferred, or evidenced, or any writing normally relied upon as
4.18evidence of debt or property rights, other than a check as defined in section
4.19financial transaction card as defined in section
4.20(2) an official seal or the seal of a corporation; or
4.21(3) a public record or an official authentication or certification of a copy thereof; or
4.22(4) an official return or certificate entitled to be received as evidence of its contents;
4.23or
4.24(5) a court order, judgment, decree, or process; or
4.25(6) the records or accounts of a public body, office, or officer;
4.26(7) the records or accounts of a bank or person, with whom funds of the state or any
4.27of its agencies or subdivisions are deposited or entrusted, relating to such funds;
4.28(8) an unexpired or expired United States passport;
4.29(9) a driver's license;
4.30(10) an identification card issued by federal, state, or local agencies or entities,
4.31provided it contains a photograph or information, such as name, date of birth, gender,
4.32height, eye color, and address;
4.33(11) a school identification card with a photograph;
4.34(12) a voter registration card;
4.35(13) a United States military identification card or draft record;
5.1(14) a Native American tribal document;
5.2(15) a Social Security card issued by the United States Social Security
5.3Administration;
5.4(16) a Consular Report of Birth Abroad of a Citizen of the United States of America;
5.5(17) United States Citizen Identification Card; or
5.6(18) an identification card for use of resident citizen in the United States.
5.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
5.8committed on or after that date.
5.9 Sec. 10. REVISOR'S INSTRUCTION.
5.10In Minnesota Statutes, the revisor of statutes shall renumber section 609.321,
5.11subdivision 7a, as section 609.281, subdivision 9, and section 609.321, subdivision 7b,
5.12as section 609.281, subdivision 10, and correct any cross-references resulting from the
5.13renumbering.
