| 1 | 1 | | 1.1 A bill for an act |
|---|
| 2 | 2 | | 1.2 relating to public safety; establishing the crime of organized retail theft; providing |
|---|
| 3 | 3 | | 1.3 for the release of certain financial account information to law enforcement; |
|---|
| 4 | 4 | | 1.4 amending certain burglary crimes following trespass notice; establishing a time |
|---|
| 5 | 5 | | 1.5 period for a search warrant on financial institutions; amending Minnesota Statutes |
|---|
| 6 | 6 | | 1.6 2022, sections 13A.02, subdivisions 1, 2; 609.52, subdivision 3; 609.527, |
|---|
| 7 | 7 | | 1.7 subdivision 1, by adding a subdivision; 609.582, subdivisions 3, 4; 626.15; |
|---|
| 8 | 8 | | 1.8 proposing coding for new law in Minnesota Statutes, chapter 609. |
|---|
| 9 | 9 | | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
|---|
| 10 | 10 | | 1.10 Section 1. Minnesota Statutes 2022, section 13A.02, subdivision 1, is amended to read: |
|---|
| 11 | 11 | | 1.11 Subdivision 1.Access by government.Except as authorized by this chapter, no |
|---|
| 12 | 12 | | 1.12government authority may have access to, or obtain copies of, or the information contained |
|---|
| 13 | 13 | | 1.13in, the financial records of any customer from a financial institution unless the financial |
|---|
| 14 | 14 | | 1.14records are reasonably described and: |
|---|
| 15 | 15 | | 1.15 (1) the customer has authorized the disclosure; |
|---|
| 16 | 16 | | 1.16 (2) the financial records are disclosed in response to a search warrant; |
|---|
| 17 | 17 | | 1.17 (3) the financial records are disclosed in response to a judicial or administrative subpoena; |
|---|
| 18 | 18 | | 1.18 (4) the financial records are disclosed to law enforcement, a lead investigative agency |
|---|
| 19 | 19 | | 1.19as defined in section 626.5572, subdivision 13, or prosecuting authority that is investigating |
|---|
| 20 | 20 | | 1.20financial exploitation of a vulnerable adult in response to a judicial subpoena or |
|---|
| 21 | 21 | | 1.21administrative subpoena under section 388.23; or |
|---|
| 22 | 22 | | 1.22 (5) the financial records are disclosed pursuant to section 609.527 or 609.535 or other |
|---|
| 23 | 23 | | 1.23statute or rule. |
|---|
| 24 | 24 | | 1Section 1. |
|---|
| 25 | 25 | | 23-00748 as introduced12/06/22 REVISOR KLL/CH |
|---|
| 26 | 26 | | SENATE |
|---|
| 27 | 27 | | STATE OF MINNESOTA |
|---|
| 28 | 28 | | S.F. No. 893NINETY-THIRD SESSION |
|---|
| 29 | 29 | | (SENATE AUTHORS: LATZ and Limmer) |
|---|
| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
|---|
| 31 | 31 | | Introduction and first reading01/27/2023 |
|---|
| 32 | 32 | | Referred to Judiciary and Public Safety 2.1 EFFECTIVE DATE.This section is effective August 1, 2023. |
|---|
| 33 | 33 | | 2.2 Sec. 2. Minnesota Statutes 2022, section 13A.02, subdivision 2, is amended to read: |
|---|
| 34 | 34 | | 2.3 Subd. 2.Release prohibited.No financial institution, or officer, employee, or agent of |
|---|
| 35 | 35 | | 2.4a financial institution, may provide to any government authority access to, or copies of, or |
|---|
| 36 | 36 | | 2.5the information contained in, the financial records of any customer except in accordance |
|---|
| 37 | 37 | | 2.6with the provisions of this chapter. |
|---|
| 38 | 38 | | 2.7 Nothing in this chapter shall require a financial institution to inquire or determine that |
|---|
| 39 | 39 | | 2.8those seeking disclosure have duly complied with the requirements of this chapter, provided |
|---|
| 40 | 40 | | 2.9only that the customer authorization, search warrant, subpoena, or written certification |
|---|
| 41 | 41 | | 2.10pursuant to section 609.527, subdivision 8; 609.535, subdivision 6; 626.557; or other statute |
|---|
| 42 | 42 | | 2.11or rule, served on or delivered to a financial institution shows compliance on its face. |
|---|
| 43 | 43 | | 2.12 EFFECTIVE DATE.This section is effective August 1, 2023. |
|---|
| 44 | 44 | | 2.13 Sec. 3. Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read: |
|---|
| 45 | 45 | | 2.14 Subd. 3.Sentence.Whoever commits theft may be sentenced as follows: |
|---|
| 46 | 46 | | 2.15 (1) to imprisonment for not more than 20 years or to payment of a fine of not more than |
|---|
| 47 | 47 | | 2.16$100,000, or both, if the property is a firearm, or the value of the property or services stolen |
|---|
| 48 | 48 | | 2.17is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), |
|---|
| 49 | 49 | | 2.18(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or |
|---|
| 50 | 50 | | 2.19 (2) to imprisonment for not more than ten years or to payment of a fine of not more than |
|---|
| 51 | 51 | | 2.20$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the |
|---|
| 52 | 52 | | 2.21property stolen was an article representing a trade secret, an explosive or incendiary device, |
|---|
| 53 | 53 | | 2.22or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the |
|---|
| 54 | 54 | | 2.23exception of marijuana; or |
|---|
| 55 | 55 | | 2.24 (3) to imprisonment for not more than five years or to payment of a fine of not more |
|---|
| 56 | 56 | | 2.25than $10,000, or both, if any of the following circumstances exist: |
|---|
| 57 | 57 | | 2.26 (a) the value of the property or services stolen is more than $1,000 but not more than |
|---|
| 58 | 58 | | 2.27$5,000; or |
|---|
| 59 | 59 | | 2.28 (b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant |
|---|
| 60 | 60 | | 2.29to section 152.02; or |
|---|
| 61 | 61 | | 2.30 (c) the value of the property or services stolen is more than $500 but not more than |
|---|
| 62 | 62 | | 2.31$1,000 and the person has been convicted within the preceding five years for an offense |
|---|
| 63 | 63 | | 2Sec. 3. |
|---|
| 64 | 64 | | 23-00748 as introduced12/06/22 REVISOR KLL/CH 3.1under this section, section 256.98; 268.182; 609.24; 609.245; 609.522; 609.53; 609.582, |
|---|
| 65 | 65 | | 3.2subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, |
|---|
| 66 | 66 | | 3.3the United States, or a foreign jurisdiction, in conformity with any of those sections, and |
|---|
| 67 | 67 | | 3.4the person received a felony or gross misdemeanor sentence for the offense, or a sentence |
|---|
| 68 | 68 | | 3.5that was stayed under section 609.135 if the offense to which a plea was entered would |
|---|
| 69 | 69 | | 3.6allow imposition of a felony or gross misdemeanor sentence; or |
|---|
| 70 | 70 | | 3.7 (d) the value of the property or services stolen is not more than $1,000, and any of the |
|---|
| 71 | 71 | | 3.8following circumstances exist: |
|---|
| 72 | 72 | | 3.9 (i) the property is taken from the person of another or from a corpse, or grave or coffin |
|---|
| 73 | 73 | | 3.10containing a corpse; or |
|---|
| 74 | 74 | | 3.11 (ii) the property is a record of a court or officer, or a writing, instrument or record kept, |
|---|
| 75 | 75 | | 3.12filed or deposited according to law with or in the keeping of any public officer or office; or |
|---|
| 76 | 76 | | 3.13 (iii) the property is taken from a burning, abandoned, or vacant building or upon its |
|---|
| 77 | 77 | | 3.14removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, |
|---|
| 78 | 78 | | 3.15or the proximity of battle; or |
|---|
| 79 | 79 | | 3.16 (iv) the property consists of public funds belonging to the state or to any political |
|---|
| 80 | 80 | | 3.17subdivision or agency thereof; or |
|---|
| 81 | 81 | | 3.18 (v) the property stolen is a motor vehicle; or |
|---|
| 82 | 82 | | 3.19 (4) to imprisonment for not more than one year or to payment of a fine of not more than |
|---|
| 83 | 83 | | 3.20$3,000, or both, if the value of the property or services stolen is more than $500 but not |
|---|
| 84 | 84 | | 3.21more than $1,000; or |
|---|
| 85 | 85 | | 3.22 (5) in all other cases where the value of the property or services stolen is $500 or less, |
|---|
| 86 | 86 | | 3.23to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, |
|---|
| 87 | 87 | | 3.24or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), |
|---|
| 88 | 88 | | 3.25(4), (13), and (19), the value of the money or property or services received by the defendant |
|---|
| 89 | 89 | | 3.26in violation of any one or more of the above provisions within any six-month period may |
|---|
| 90 | 90 | | 3.27be aggregated and the defendant charged accordingly in applying the provisions of this |
|---|
| 91 | 91 | | 3.28subdivision; provided that when two or more offenses are committed by the same person |
|---|
| 92 | 92 | | 3.29in two or more counties, the accused may be prosecuted in any county in which one of the |
|---|
| 93 | 93 | | 3.30offenses was committed for all of the offenses aggregated under this paragraph. |
|---|
| 94 | 94 | | 3.31 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
|---|
| 95 | 95 | | 3.32committed on or after that date. |
|---|
| 96 | 96 | | 3Sec. 3. |
|---|
| 97 | 97 | | 23-00748 as introduced12/06/22 REVISOR KLL/CH 4.1 Sec. 4. [609.522] ORGANIZED RETAIL THEFT. |
|---|
| 98 | 98 | | 4.2 Subdivision 1.Definitions.(a) As used in this section, the terms in this subdivision have |
|---|
| 99 | 99 | | 4.3the meanings given. |
|---|
| 100 | 100 | | 4.4 (b) "Article surveillance system" means any electronic device or other security device |
|---|
| 101 | 101 | | 4.5that is designed to detect or prevent the unauthorized removal of retail merchandise from |
|---|
| 102 | 102 | | 4.6a retailer. |
|---|
| 103 | 103 | | 4.7 (c) "Retailer" means a person or entity that sells retail merchandise. |
|---|
| 104 | 104 | | 4.8 (d) "Retail merchandise" means all forms of tangible property, without limitation, held |
|---|
| 105 | 105 | | 4.9out for sale by a retailer. |
|---|
| 106 | 106 | | 4.10 (e) "Value" means the retail market value at the time of the theft or, if the retail market |
|---|
| 107 | 107 | | 4.11value cannot be ascertained, the cost of replacement of the property within a reasonable |
|---|
| 108 | 108 | | 4.12time after the theft. |
|---|
| 109 | 109 | | 4.13 Subd. 2.Organized retail theft.(a) Whoever steals or fraudulently obtains retail |
|---|
| 110 | 110 | | 4.14merchandise from a retailer commits organized retail theft and may be sentenced as provided |
|---|
| 111 | 111 | | 4.15in subdivision 3 if the actor: |
|---|
| 112 | 112 | | 4.16 (1) resells or intends to resell the retail merchandise; |
|---|
| 113 | 113 | | 4.17 (2) advertises or displays any item of the retail merchandise for sale; |
|---|
| 114 | 114 | | 4.18 (3) returns any item of the retail merchandise to a retailer for anything of value; or |
|---|
| 115 | 115 | | 4.19 (4) steals retail merchandise within five years of a conviction under this section. |
|---|
| 116 | 116 | | 4.20 (b) Whoever receives, purchases, or possesses retail merchandise knowing or having |
|---|
| 117 | 117 | | 4.21reason to know the retail merchandise was stolen from a retailer and with the intent to resell |
|---|
| 118 | 118 | | 4.22that merchandise may be sentenced as provided in subdivision 3. |
|---|
| 119 | 119 | | 4.23 (c) Whoever possesses any device, gear, or instrument designed to assist in shoplifting |
|---|
| 120 | 120 | | 4.24or defeating an electronic article surveillance system with intent to use the same to shoplift |
|---|
| 121 | 121 | | 4.25and thereby commit theft may be sentenced pursuant to subdivision 3, clause (3). |
|---|
| 122 | 122 | | 4.26 Subd. 3.Sentence.Whoever commits organized retail theft may be sentenced as follows: |
|---|
| 123 | 123 | | 4.27 (1) to imprisonment for not more than 15 years or to payment of a fine of not more than |
|---|
| 124 | 124 | | 4.28$35,000, or both, if the value of the property stolen exceeds $5,000; |
|---|
| 125 | 125 | | 4.29 (2) to imprisonment for not more than seven years or to payment of a fine of not more |
|---|
| 126 | 126 | | 4.30than $14,000, or both, if either of the following circumstances exist: |
|---|
| 127 | 127 | | 4.31 (i) the value of the property stolen is more than $1,000 but not more than $5,000; or |
|---|
| 128 | 128 | | 4Sec. 4. |
|---|
| 129 | 129 | | 23-00748 as introduced12/06/22 REVISOR KLL/CH 5.1 (ii) the person commits the offense within ten years of the first of two or more convictions |
|---|
| 130 | 130 | | 5.2under this section; |
|---|
| 131 | 131 | | 5.3 (3) to imprisonment for not more than two years or to payment of a fine of not more |
|---|
| 132 | 132 | | 5.4than $5,000, or both, if either of the following circumstances exist: |
|---|
| 133 | 133 | | 5.5 (i) the value of the property stolen is more than $500 but not more than $1,000; or |
|---|
| 134 | 134 | | 5.6 (ii) the person commits the offense within ten years of a previous conviction under this |
|---|
| 135 | 135 | | 5.7section; or |
|---|
| 136 | 136 | | 5.8 (4) to imprisonment of not more than one year or to payment of a fine of not more than |
|---|
| 137 | 137 | | 5.9$3,000, or both, if the value of the property stolen is $500 or less. |
|---|
| 138 | 138 | | 5.10 Subd. 4.Aggregation.The value of the retail merchandise received by the defendant |
|---|
| 139 | 139 | | 5.11in violation of this section within any six-month period may be aggregated and the defendant |
|---|
| 140 | 140 | | 5.12charged accordingly in applying the provisions of this subdivision; provided that when two |
|---|
| 141 | 141 | | 5.13or more offenses are committed by the same person in two or more counties, the accused |
|---|
| 142 | 142 | | 5.14may be prosecuted in any county in which one of the offenses was committed for all of the |
|---|
| 143 | 143 | | 5.15offenses aggregated under this paragraph. |
|---|
| 144 | 144 | | 5.16 Subd. 5.Enhanced penalty.If a violation of this section creates a reasonably foreseeable |
|---|
| 145 | 145 | | 5.17risk of bodily harm to another, the penalties described in subdivision 3 are enhanced as |
|---|
| 146 | 146 | | 5.18follows: |
|---|
| 147 | 147 | | 5.19 (1) if the penalty is a gross misdemeanor, the person is guilty of a felony and may be |
|---|
| 148 | 148 | | 5.20sentenced to imprisonment for not more than three years or to payment of a fine of not more |
|---|
| 149 | 149 | | 5.21than $5,000, or both; and |
|---|
| 150 | 150 | | 5.22 (2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent |
|---|
| 151 | 151 | | 5.23longer than for the underlying crime. |
|---|
| 152 | 152 | | 5.24 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
|---|
| 153 | 153 | | 5.25committed on or after that date. |
|---|
| 154 | 154 | | 5.26 Sec. 5. Minnesota Statutes 2022, section 609.527, subdivision 1, is amended to read: |
|---|
| 155 | 155 | | 5.27 Subdivision 1.Definitions.(a) As used in this section, the following terms have the |
|---|
| 156 | 156 | | 5.28meanings given them in this subdivision. |
|---|
| 157 | 157 | | 5.29 (b) "Direct victim" means any person or entity described in section 611A.01, paragraph |
|---|
| 158 | 158 | | 5.30(b), whose identity has been transferred, used, or possessed in violation of this section. |
|---|
| 159 | 159 | | 5Sec. 5. |
|---|
| 160 | 160 | | 23-00748 as introduced12/06/22 REVISOR KLL/CH 6.1 (c) "False pretense" means any false, fictitious, misleading, or fraudulent information |
|---|
| 161 | 161 | | 6.2or pretense or pretext depicting or including or deceptively similar to the name, logo, website |
|---|
| 162 | 162 | | 6.3address, email address, postal address, telephone number, or any other identifying information |
|---|
| 163 | 163 | | 6.4of a for-profit or not-for-profit business or organization or of a government agency, to which |
|---|
| 164 | 164 | | 6.5the user has no legitimate claim of right. |
|---|
| 165 | 165 | | 6.6 (d) "Financial institution" has the meaning given in section 13A.01, subdivision 2. |
|---|
| 166 | 166 | | 6.7 (e) "Identity" means any name, number, or data transmission that may be used, alone or |
|---|
| 167 | 167 | | 6.8in conjunction with any other information, to identify a specific individual or entity, including |
|---|
| 168 | 168 | | 6.9any of the following: |
|---|
| 169 | 169 | | 6.10 (1) a name, Social Security number, date of birth, official government-issued driver's |
|---|
| 170 | 170 | | 6.11license or identification number, government passport number, or employer or taxpayer |
|---|
| 171 | 171 | | 6.12identification number; |
|---|
| 172 | 172 | | 6.13 (2) unique electronic identification number, address, account number, or routing code; |
|---|
| 173 | 173 | | 6.14or |
|---|
| 174 | 174 | | 6.15 (3) telecommunication identification information or access device. |
|---|
| 175 | 175 | | 6.16 (e) (f) "Indirect victim" means any person or entity described in section 611A.01, |
|---|
| 176 | 176 | | 6.17paragraph (b), other than a direct victim. |
|---|
| 177 | 177 | | 6.18 (f) (g) "Loss" means value obtained, as defined in section 609.52, subdivision 1, clause |
|---|
| 178 | 178 | | 6.19(3), and expenses incurred by a direct or indirect victim as a result of a violation of this |
|---|
| 179 | 179 | | 6.20section. |
|---|
| 180 | 180 | | 6.21 (g) (h) "Unlawful activity" means: |
|---|
| 181 | 181 | | 6.22 (1) any felony violation of the laws of this state or any felony violation of a similar law |
|---|
| 182 | 182 | | 6.23of another state or the United States; and |
|---|
| 183 | 183 | | 6.24 (2) any nonfelony violation of the laws of this state involving theft, theft by swindle, |
|---|
| 184 | 184 | | 6.25forgery, fraud, or giving false information to a public official, or any nonfelony violation |
|---|
| 185 | 185 | | 6.26of a similar law of another state or the United States. |
|---|
| 186 | 186 | | 6.27 (h) (i) "Scanning device" means a scanner, reader, or any other electronic device that is |
|---|
| 187 | 187 | | 6.28used to access, read, scan, obtain, memorize, or store, temporarily or permanently, |
|---|
| 188 | 188 | | 6.29information encoded on a computer chip or magnetic strip or stripe of a payment card, |
|---|
| 189 | 189 | | 6.30driver's license, or state-issued identification card. |
|---|
| 190 | 190 | | 6.31 (i) (j) "Reencoder" means an electronic device that places encoded information from the |
|---|
| 191 | 191 | | 6.32computer chip or magnetic strip or stripe of a payment card, driver's license, or state-issued |
|---|
| 192 | 192 | | 6Sec. 5. |
|---|
| 193 | 193 | | 23-00748 as introduced12/06/22 REVISOR KLL/CH 7.1identification card, onto the computer chip or magnetic strip or stripe of a different payment |
|---|
| 194 | 194 | | 7.2card, driver's license, or state-issued identification card, or any electronic medium that |
|---|
| 195 | 195 | | 7.3allows an authorized transaction to occur. |
|---|
| 196 | 196 | | 7.4 (j) (k) "Payment card" means a credit card, charge card, debit card, or any other card |
|---|
| 197 | 197 | | 7.5that: |
|---|
| 198 | 198 | | 7.6 (1) is issued to an authorized card user; and |
|---|
| 199 | 199 | | 7.7 (2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or |
|---|
| 200 | 200 | | 7.8anything of value. |
|---|
| 201 | 201 | | 7.9 EFFECTIVE DATE.This section is effective August 1, 2023. |
|---|
| 202 | 202 | | 7.10 Sec. 6. Minnesota Statutes 2022, section 609.527, is amended by adding a subdivision to |
|---|
| 203 | 203 | | 7.11read: |
|---|
| 204 | 204 | | 7.12 Subd. 8.Release of limited account information to law enforcement authorities.(a) |
|---|
| 205 | 205 | | 7.13A financial institution may release the information described in paragraph (b) to a law |
|---|
| 206 | 206 | | 7.14enforcement or prosecuting authority that certifies in writing that it is investigating or |
|---|
| 207 | 207 | | 7.15prosecuting a crime of identity theft under this section. The certification must describe with |
|---|
| 208 | 208 | | 7.16reasonable specificity the nature of the suspected identity theft that is being investigated or |
|---|
| 209 | 209 | | 7.17prosecuted, including the dates of the suspected criminal activity. |
|---|
| 210 | 210 | | 7.18 (b) This subdivision applies to requests for the following information relating to a |
|---|
| 211 | 211 | | 7.19potential victim's account: |
|---|
| 212 | 212 | | 7.20 (1) the name of the account holder or holders; and |
|---|
| 213 | 213 | | 7.21 (2) the last known home address and telephone numbers of the account holder or holders. |
|---|
| 214 | 214 | | 7.22 (c) A financial institution may release the information requested under this subdivision |
|---|
| 215 | 215 | | 7.23that it possesses within a reasonable time after the request. The financial institution may |
|---|
| 216 | 216 | | 7.24not impose a fee for furnishing the information. |
|---|
| 217 | 217 | | 7.25 (d) A financial institution is not liable in a criminal or civil proceeding for releasing |
|---|
| 218 | 218 | | 7.26information in accordance with this subdivision. |
|---|
| 219 | 219 | | 7.27 (e) Release of limited account information to a law enforcement agency under this |
|---|
| 220 | 220 | | 7.28subdivision is criminal investigative data under section 13.82, subdivision 7, except that |
|---|
| 221 | 221 | | 7.29when the investigation becomes inactive the account information remains confidential data |
|---|
| 222 | 222 | | 7.30on individuals or protected nonpublic data. |
|---|
| 223 | 223 | | 7.31 EFFECTIVE DATE.This section is effective August 1, 2023. |
|---|
| 224 | 224 | | 7Sec. 6. |
|---|
| 225 | 225 | | 23-00748 as introduced12/06/22 REVISOR KLL/CH 8.1 Sec. 7. Minnesota Statutes 2022, section 609.582, subdivision 3, is amended to read: |
|---|
| 226 | 226 | | 8.2 Subd. 3.Burglary in the third degree.(a) Except as otherwise provided in this section, |
|---|
| 227 | 227 | | 8.3whoever enters a building without consent and with intent to steal or commit any felony or |
|---|
| 228 | 228 | | 8.4gross misdemeanor while in the building, or enters a building without consent and steals or |
|---|
| 229 | 229 | | 8.5commits a felony or gross misdemeanor while in the building, either directly or as an |
|---|
| 230 | 230 | | 8.6accomplice, commits burglary in the third degree and may be sentenced to imprisonment |
|---|
| 231 | 231 | | 8.7for not more than five years or to payment of a fine of not more than $10,000, or both. |
|---|
| 232 | 232 | | 8.8 (b) Whoever enters a building that is open to the public, other than a building identified |
|---|
| 233 | 233 | | 8.9in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building |
|---|
| 234 | 234 | | 8.10that is open to the public, other than a building identified in subdivision 2, paragraph (b), |
|---|
| 235 | 235 | | 8.11and steals while in the building, either directly or as an accomplice, commits burglary in |
|---|
| 236 | 236 | | 8.12the third degree and may be sentenced to imprisonment for not more than five years or to |
|---|
| 237 | 237 | | 8.13payment of a fine of not more than $10,000, or both, if: |
|---|
| 238 | 238 | | 8.14 (1) the person enters the building within one year after being told to leave the building |
|---|
| 239 | 239 | | 8.15and not return; and |
|---|
| 240 | 240 | | 8.16 (2) the person has been convicted within the preceding five years for an offense under |
|---|
| 241 | 241 | | 8.17this section, section 256.98, 268.182, 609.24, 609.245, 609.52, 609.522, 609.53, 609.625, |
|---|
| 242 | 242 | | 8.18609.63, 609.631, or 609.821, or a statute from another state, the United States, or a foreign |
|---|
| 243 | 243 | | 8.19jurisdiction, in conformity with any of those sections, and the person received a felony |
|---|
| 244 | 244 | | 8.20sentence for the offense or a sentence that was stayed under section 609.135 if the offense |
|---|
| 245 | 245 | | 8.21to which a plea was entered would allow imposition of a felony sentence. |
|---|
| 246 | 246 | | 8.22 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
|---|
| 247 | 247 | | 8.23committed on or after that date. |
|---|
| 248 | 248 | | 8.24 Sec. 8. Minnesota Statutes 2022, section 609.582, subdivision 4, is amended to read: |
|---|
| 249 | 249 | | 8.25 Subd. 4.Burglary in the fourth degree.(a) Whoever enters a building without consent |
|---|
| 250 | 250 | | 8.26and with intent to commit a misdemeanor other than to steal, or enters a building without |
|---|
| 251 | 251 | | 8.27consent and commits a misdemeanor other than to steal while in the building, either directly |
|---|
| 252 | 252 | | 8.28or as an accomplice, commits burglary in the fourth degree and may be sentenced to |
|---|
| 253 | 253 | | 8.29imprisonment for not more than one year or to payment of a fine of not more than $3,000, |
|---|
| 254 | 254 | | 8.30or both. |
|---|
| 255 | 255 | | 8.31 (b) Whoever enters a building that is open to the public, other than a building identified |
|---|
| 256 | 256 | | 8.32in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building |
|---|
| 257 | 257 | | 8.33that is open to the public, other than a building identified in subdivision 2, paragraph (b), |
|---|
| 258 | 258 | | 8Sec. 8. |
|---|
| 259 | 259 | | 23-00748 as introduced12/06/22 REVISOR KLL/CH 9.1and steals while in the building, either directly or as an accomplice, commits burglary in |
|---|
| 260 | 260 | | 9.2the fourth degree and may be sentenced to imprisonment for not more than one year or to |
|---|
| 261 | 261 | | 9.3payment of a fine of not more than $3,000, or both, if the person enters the building within |
|---|
| 262 | 262 | | 9.4one year after being told to leave the building and not return. |
|---|
| 263 | 263 | | 9.5 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
|---|
| 264 | 264 | | 9.6committed on or after that date. |
|---|
| 265 | 265 | | 9.7 Sec. 9. Minnesota Statutes 2022, section 626.15, is amended to read: |
|---|
| 266 | 266 | | 9.8 626.15 EXECUTION AND RETURN OF WARRANT; TIME. |
|---|
| 267 | 267 | | 9.9 (a) Except as provided in paragraph (b) (c), a search warrant must be executed and |
|---|
| 268 | 268 | | 9.10returned to the court which issued it within ten days after its date. After the expiration of |
|---|
| 269 | 269 | | 9.11this time, the warrant is void unless previously executed. |
|---|
| 270 | 270 | | 9.12 (b) A search warrant on a financial institution for financial records is valid for 30 days. |
|---|
| 271 | 271 | | 9.13 (c) A district court judge may grant an extension of a the warrant on a financial institution |
|---|
| 272 | 272 | | 9.14for financial records upon an application under oath stating that the financial institution has |
|---|
| 273 | 273 | | 9.15not produced the requested financial records within ten days the 30-day period and that an |
|---|
| 274 | 274 | | 9.16extension is necessary to achieve the purposes for which the search warrant was granted. |
|---|
| 275 | 275 | | 9.17Each extension may not exceed 30 days. |
|---|
| 276 | 276 | | 9.18 (d) For the purposes of this paragraph section, "financial institution" has the meaning |
|---|
| 277 | 277 | | 9.19given in section 13A.01, subdivision 2, and "financial records" has the meaning given in |
|---|
| 278 | 278 | | 9.20section 13A.01, subdivision 3. |
|---|
| 279 | 279 | | 9.21 EFFECTIVE DATE.This section is effective August 1, 2023. |
|---|
| 280 | 280 | | 9Sec. 9. |
|---|
| 281 | 281 | | 23-00748 as introduced12/06/22 REVISOR KLL/CH |
|---|