Bill Text: MN SF680 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Criminal act definition expansion under racketeering crime
Sponsorship: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2011-05-24 - Governor approval [SF680 Detail]
Download: Minnesota-2011-SF680-Introduced.html
Bill Title: Criminal act definition expansion under racketeering crime
Sponsorship: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2011-05-24 - Governor approval [SF680 Detail]
Download: Minnesota-2011-SF680-Introduced.html
1.2relating to crime; creating the crime of organized retail theft; adding organized
1.3retail theft to list of designated offenses;amending Minnesota Statutes 2010,
1.4sections 609.531, subdivision 1; 609.902, subdivision 4; proposing coding for
1.5new law in Minnesota Statutes, chapter 609.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 609.531, subdivision 1, is amended to read:
1.8 Subdivision 1. Definitions. For the purpose of sections609.531 to
609.5318 , the
1.9following terms have the meanings given them.
1.10 (a) "Conveyance device" means a device used for transportation and includes, but
1.11is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
1.12equipment attached to it. The term "conveyance device" does not include property which
1.13is, in fact, itself stolen or taken in violation of the law.
1.14 (b) "Weapon used" means a dangerous weapon as defined under section609.02,
1.15subdivision 6 , that the actor used or had in possession in furtherance of a crime.
1.16 (c) "Property" means property as defined in section609.52, subdivision 1 , clause (1).
1.17 (d) "Contraband" means property which is illegal to possess under Minnesota law.
1.18 (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
1.19Department of Commerce Division of Insurance Fraud Prevention, the Minnesota
1.20Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's
1.21department, the Three Rivers Park District park rangers, the Department of Natural
1.22Resources Division of Enforcement, the University of Minnesota Police Department,
1.23the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit,
1.24or airport police department; or a multijurisdictional entity established under section
1.25299A.642
or
299A.681 .
2.1 (f) "Designated offense" includes:
2.2 (1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;
2.3 (2) for driver's license or identification card transactions: any violation of section
2.4171.22
; and
2.5 (3) for all other purposes: a felony violation of, or a felony-level attempt or
2.6conspiracy to violate, section325E.17 ;
325E.18 ;
609.185 ;
609.19 ;
609.195 ;
609.21 ;
2.7609.221
;
609.222 ;
609.223 ;
609.2231 ;
609.24 ;
609.245 ;
609.25 ;
609.255 ;
609.282 ;
2.8609.283
;
609.322 ;
609.342, subdivision 1 , clauses (a) to (f);
609.343, subdivision 1 ,
2.9clauses (a) to (f);609.344, subdivision 1 , clauses (a) to (e), and (h) to (j);
609.345,
2.10subdivision 1 , clauses (a) to (e), and (h) to (j);
609.352 ;
609.42 ;
609.425 ;
609.466 ;
2.11609.485
;
609.487 ;
609.52 ;
609.525 ;
609.527 ;
609.528 ;
609.53 ;
609.54 ;
609.551 ;
609.561 ;
2.12609.562
;
609.563 ;
609.582 ;
609.59 ;
609.595 ;
609.611 ;
609.631 ;
609.66, subdivision 1e ;
2.13609.671
, subdivisions 3, 4, 5, 8, and 12;
609.687 ;
609.821 ;
609.825 ;
609.86 ;
609.88 ;
2.14609.89
;
609.893 ;
609.895 ; 609.897;
617.246 ;
617.247 ; or a gross misdemeanor or felony
2.15violation of section609.891 or
624.7181 ; or any violation of section
609.324 .
2.16 (g) "Controlled substance" has the meaning given in section152.01, subdivision 4 .
2.17EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.18committed on or after that date.
2.19 Sec. 2. [609.897] ORGANIZED RETAIL THEFT.
2.20 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
2.21have the meanings given them.
2.22(b) "Retail establishment" means a place of business open to the general public
2.23for the sale of goods or services.
2.24(c) "Retail property" means any new article, product, commodity, item, or
2.25component displayed, held, stored, or offered for sale in a retail establishment or intended
2.26to be sold in commerce.
2.27(d) "Value" has the meaning given in section 609.52, subdivision 1, clause (3),
2.28and includes all applicable taxes.
2.29 Subd. 2. Crime. A person is guilty of organized retail theft if the person:
2.30(1) conspires with or otherwise agrees with another person to participate in conduct
2.31constituting theft, as defined in section 609.52, subdivision 2, of retail property having a
2.32total value of more than $1,000 from a retail establishment with intent to resell or reenter
2.33the retail property in commerce for consideration; or
3.1(2) receives, possesses, transfers, buys, or conceals retail property having a total
3.2value of more than $1,000 knowing or having reason to know that the property was stolen
3.3and with intent to resell or reenter the retail property in commerce for consideration.
3.4 Subd. 3. Penalties. (a) A person convicted of violating subdivision 2 may be
3.5sentenced to imprisonment for not more than ten years or to payment of a fine of not
3.6more than $20,000, or both.
3.7(b) Any person convicted of violating subdivision 2 a second or subsequent time
3.8within a period of four years may be sentenced to imprisonment for not more than 20 years
3.9or to payment of a fine of not more than $100,000, or both.
3.10 Subd. 4. Aggregation. In any prosecution under subdivision 2, the value of the
3.11retail property stolen within any six-month period may be aggregated and the defendant
3.12charged accordingly; provided that when two or more offenses are committed in two
3.13or more counties, the defendant may be prosecuted in any county in which one of the
3.14offenses was committed for all of the offenses aggregated under this subdivision.
3.15EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.16committed on or after that date.
3.17 Sec. 3. Minnesota Statutes 2010, section 609.902, subdivision 4, is amended to read:
3.18 Subd. 4. Criminal act. "Criminal act" means conduct constituting, or a conspiracy
3.19or attempt to commit, a felony violation of chapter 152, or a felony violation of section
3.20297D.09
;
299F.79 ;
299F.80 ;
299F.82 ;
609.185 ;
609.19 ;
609.195 ;
609.20 ;
609.205 ;
3.21609.221
;
609.222 ;
609.223 ;
609.2231 ;
609.228 ;
609.235 ;
609.245 ;
609.25 ;
609.27 ;
3.22609.322
;
609.342 ;
609.343 ;
609.344 ;
609.345 ;
609.42 ;
609.48 ;
609.485 ;
609.495 ;
3.23609.496
;
609.497 ;
609.498 ;
609.52, subdivision 2 , if the offense is punishable under
3.24subdivision 3, clause (3)(b) or clause 3(d)(v) or (vi); section609.52, subdivision 2 ,
3.25clause (1) or (4);609.527 , if the crime is punishable under subdivision 3, clause (4);
3.26609.528
, if the crime is punishable under subdivision 3, clause (4);
609.53 ;
609.561 ;
3.27609.562
;
609.582, subdivision 1 or 2;
609.668, subdivision 6 , paragraph (a);
609.67 ;
3.28609.687
;
609.713 ;
609.86 ;
609.894, subdivision 3 or 4;
609.895 ;
624.713 ;
624.7191 ; or
3.29626A.02, subdivision 1
, if the offense is punishable under section
626A.02, subdivision
3.304 , paragraph (a). "Criminal act" also includes conduct constituting, or a conspiracy or
3.31attempt to commit, a felony violation of section609.52, subdivision 2 , clause (3), (4),
3.32(15), or (16), if the violation involves an insurance company as defined in section60A.02,
3.33subdivision 4 , a nonprofit health service plan corporation regulated under chapter 62C,
3.34a health maintenance organization regulated under chapter 62D, or a fraternal benefit
3.35society regulated under chapter 64B.
4.1EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.2committed on or after that date.
1.3retail theft to list of designated offenses;amending Minnesota Statutes 2010,
1.4sections 609.531, subdivision 1; 609.902, subdivision 4; proposing coding for
1.5new law in Minnesota Statutes, chapter 609.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 609.531, subdivision 1, is amended to read:
1.8 Subdivision 1. Definitions. For the purpose of sections
1.9following terms have the meanings given them.
1.10 (a) "Conveyance device" means a device used for transportation and includes, but
1.11is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
1.12equipment attached to it. The term "conveyance device" does not include property which
1.13is, in fact, itself stolen or taken in violation of the law.
1.14 (b) "Weapon used" means a dangerous weapon as defined under section
1.15subdivision 6
1.16 (c) "Property" means property as defined in section
1.17 (d) "Contraband" means property which is illegal to possess under Minnesota law.
1.18 (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
1.19Department of Commerce Division of Insurance Fraud Prevention, the Minnesota
1.20Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's
1.21department, the Three Rivers Park District park rangers, the Department of Natural
1.22Resources Division of Enforcement, the University of Minnesota Police Department,
1.23the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit,
1.24or airport police department; or a multijurisdictional entity established under section
2.1 (f) "Designated offense" includes:
2.2 (1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;
2.3 (2) for driver's license or identification card transactions: any violation of section
2.5 (3) for all other purposes: a felony violation of, or a felony-level attempt or
2.6conspiracy to violate, section
2.9clauses (a) to (f);
2.10subdivision 1
2.15violation of section
2.16 (g) "Controlled substance" has the meaning given in section
2.17EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.18committed on or after that date.
2.19 Sec. 2. [609.897] ORGANIZED RETAIL THEFT.
2.20 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
2.21have the meanings given them.
2.22(b) "Retail establishment" means a place of business open to the general public
2.23for the sale of goods or services.
2.24(c) "Retail property" means any new article, product, commodity, item, or
2.25component displayed, held, stored, or offered for sale in a retail establishment or intended
2.26to be sold in commerce.
2.27(d) "Value" has the meaning given in section 609.52, subdivision 1, clause (3),
2.28and includes all applicable taxes.
2.29 Subd. 2. Crime. A person is guilty of organized retail theft if the person:
2.30(1) conspires with or otherwise agrees with another person to participate in conduct
2.31constituting theft, as defined in section 609.52, subdivision 2, of retail property having a
2.32total value of more than $1,000 from a retail establishment with intent to resell or reenter
2.33the retail property in commerce for consideration; or
3.1(2) receives, possesses, transfers, buys, or conceals retail property having a total
3.2value of more than $1,000 knowing or having reason to know that the property was stolen
3.3and with intent to resell or reenter the retail property in commerce for consideration.
3.4 Subd. 3. Penalties. (a) A person convicted of violating subdivision 2 may be
3.5sentenced to imprisonment for not more than ten years or to payment of a fine of not
3.6more than $20,000, or both.
3.7(b) Any person convicted of violating subdivision 2 a second or subsequent time
3.8within a period of four years may be sentenced to imprisonment for not more than 20 years
3.9or to payment of a fine of not more than $100,000, or both.
3.10 Subd. 4. Aggregation. In any prosecution under subdivision 2, the value of the
3.11retail property stolen within any six-month period may be aggregated and the defendant
3.12charged accordingly; provided that when two or more offenses are committed in two
3.13or more counties, the defendant may be prosecuted in any county in which one of the
3.14offenses was committed for all of the offenses aggregated under this subdivision.
3.15EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.16committed on or after that date.
3.17 Sec. 3. Minnesota Statutes 2010, section 609.902, subdivision 4, is amended to read:
3.18 Subd. 4. Criminal act. "Criminal act" means conduct constituting, or a conspiracy
3.19or attempt to commit, a felony violation of chapter 152, or a felony violation of section
3.24subdivision 3, clause (3)(b) or clause 3(d)(v) or (vi); section
3.25clause (1) or (4);
3.304
3.31attempt to commit, a felony violation of section
3.32(15), or (16), if the violation involves an insurance company as defined in section
3.33subdivision 4
3.34a health maintenance organization regulated under chapter 62D, or a fraternal benefit
3.35society regulated under chapter 64B.
4.1EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.2committed on or after that date.
