1.1 A bill for an act
1.2 relating to public safety; establishing the crime of organized retail theft; providing
1.3 for the release of certain financial account information to law enforcement;
1.4 amending certain burglary crimes following trespass notice; establishing a time
1.5 period for a search warrant on financial institutions; amending Minnesota Statutes
1.6 2022, sections 13A.02, subdivisions 1, 2; 609.52, subdivision 3; 609.527,
1.7 subdivision 1, by adding a subdivision; 609.582, subdivisions 3, 4; 626.15;
1.8 proposing coding for new law in Minnesota Statutes, chapter 609.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2022, section 13A.02, subdivision 1, is amended to read:
1.11 Subdivision 1.Access by government.Except as authorized by this chapter, no
1.12government authority may have access to, or obtain copies of, or the information contained
1.13in, the financial records of any customer from a financial institution unless the financial
1.14records are reasonably described and:
1.15 (1) the customer has authorized the disclosure;
1.16 (2) the financial records are disclosed in response to a search warrant;
1.17 (3) the financial records are disclosed in response to a judicial or administrative subpoena;
1.18 (4) the financial records are disclosed to law enforcement, a lead investigative agency
1.19as defined in section 626.5572, subdivision 13, or prosecuting authority that is investigating
1.20financial exploitation of a vulnerable adult in response to a judicial subpoena or
1.21administrative subpoena under section 388.23; or
1.22 (5) the financial records are disclosed pursuant to section 609.527 or 609.535 or other
1.23statute or rule.
1Section 1.
23-00748 as introduced12/06/22 REVISOR KLL/CH
SENATE
STATE OF MINNESOTA
S.F. No. 893NINETY-THIRD SESSION
(SENATE AUTHORS: LATZ and Limmer)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/27/2023
Referred to Judiciary and Public Safety 2.1 EFFECTIVE DATE.This section is effective August 1, 2023.
2.2 Sec. 2. Minnesota Statutes 2022, section 13A.02, subdivision 2, is amended to read:
2.3 Subd. 2.Release prohibited.No financial institution, or officer, employee, or agent of
2.4a financial institution, may provide to any government authority access to, or copies of, or
2.5the information contained in, the financial records of any customer except in accordance
2.6with the provisions of this chapter.
2.7 Nothing in this chapter shall require a financial institution to inquire or determine that
2.8those seeking disclosure have duly complied with the requirements of this chapter, provided
2.9only that the customer authorization, search warrant, subpoena, or written certification
2.10pursuant to section 609.527, subdivision 8; 609.535, subdivision 6; 626.557; or other statute
2.11or rule, served on or delivered to a financial institution shows compliance on its face.
2.12 EFFECTIVE DATE.This section is effective August 1, 2023.
2.13 Sec. 3. Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:
2.14 Subd. 3.Sentence.Whoever commits theft may be sentenced as follows:
2.15 (1) to imprisonment for not more than 20 years or to payment of a fine of not more than
2.16$100,000, or both, if the property is a firearm, or the value of the property or services stolen
2.17is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
2.18(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
2.19 (2) to imprisonment for not more than ten years or to payment of a fine of not more than
2.20$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
2.21property stolen was an article representing a trade secret, an explosive or incendiary device,
2.22or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
2.23exception of marijuana; or
2.24 (3) to imprisonment for not more than five years or to payment of a fine of not more
2.25than $10,000, or both, if any of the following circumstances exist:
2.26 (a) the value of the property or services stolen is more than $1,000 but not more than
2.27$5,000; or
2.28 (b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
2.29to section 152.02; or
2.30 (c) the value of the property or services stolen is more than $500 but not more than
2.31$1,000 and the person has been convicted within the preceding five years for an offense
2Sec. 3.
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,
3.2subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state,
3.3the United States, or a foreign jurisdiction, in conformity with any of those sections, and
3.4the person received a felony or gross misdemeanor sentence for the offense, or a sentence
3.5that was stayed under section 609.135 if the offense to which a plea was entered would
3.6allow imposition of a felony or gross misdemeanor sentence; or
3.7 (d) the value of the property or services stolen is not more than $1,000, and any of the
3.8following circumstances exist:
3.9 (i) the property is taken from the person of another or from a corpse, or grave or coffin
3.10containing a corpse; or
3.11 (ii) the property is a record of a court or officer, or a writing, instrument or record kept,
3.12filed or deposited according to law with or in the keeping of any public officer or office; or
3.13 (iii) the property is taken from a burning, abandoned, or vacant building or upon its
3.14removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
3.15or the proximity of battle; or
3.16 (iv) the property consists of public funds belonging to the state or to any political
3.17subdivision or agency thereof; or
3.18 (v) the property stolen is a motor vehicle; or
3.19 (4) to imprisonment for not more than one year or to payment of a fine of not more than
3.20$3,000, or both, if the value of the property or services stolen is more than $500 but not
3.21more than $1,000; or
3.22 (5) in all other cases where the value of the property or services stolen is $500 or less,
3.23to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
3.24or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
3.25(4), (13), and (19), the value of the money or property or services received by the defendant
3.26in violation of any one or more of the above provisions within any six-month period may
3.27be aggregated and the defendant charged accordingly in applying the provisions of this
3.28subdivision; provided that when two or more offenses are committed by the same person
3.29in two or more counties, the accused may be prosecuted in any county in which one of the
3.30offenses was committed for all of the offenses aggregated under this paragraph.
3.31 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
3.32committed on or after that date.
3Sec. 3.
23-00748 as introduced12/06/22 REVISOR KLL/CH 4.1 Sec. 4. [609.522] ORGANIZED RETAIL THEFT.
4.2 Subdivision 1.Definitions.(a) As used in this section, the terms in this subdivision have
4.3the meanings given.
4.4 (b) "Article surveillance system" means any electronic device or other security device
4.5that is designed to detect or prevent the unauthorized removal of retail merchandise from
4.6a retailer.
4.7 (c) "Retailer" means a person or entity that sells retail merchandise.
4.8 (d) "Retail merchandise" means all forms of tangible property, without limitation, held
4.9out for sale by a retailer.
4.10 (e) "Value" means the retail market value at the time of the theft or, if the retail market
4.11value cannot be ascertained, the cost of replacement of the property within a reasonable
4.12time after the theft.
4.13 Subd. 2.Organized retail theft.(a) Whoever steals or fraudulently obtains retail
4.14merchandise from a retailer commits organized retail theft and may be sentenced as provided
4.15in subdivision 3 if the actor:
4.16 (1) resells or intends to resell the retail merchandise;
4.17 (2) advertises or displays any item of the retail merchandise for sale;
4.18 (3) returns any item of the retail merchandise to a retailer for anything of value; or
4.19 (4) steals retail merchandise within five years of a conviction under this section.
4.20 (b) Whoever receives, purchases, or possesses retail merchandise knowing or having
4.21reason to know the retail merchandise was stolen from a retailer and with the intent to resell
4.22that merchandise may be sentenced as provided in subdivision 3.
4.23 (c) Whoever possesses any device, gear, or instrument designed to assist in shoplifting
4.24or defeating an electronic article surveillance system with intent to use the same to shoplift
4.25and thereby commit theft may be sentenced pursuant to subdivision 3, clause (3).
4.26 Subd. 3.Sentence.Whoever commits organized retail theft may be sentenced as follows:
4.27 (1) to imprisonment for not more than 15 years or to payment of a fine of not more than
4.28$35,000, or both, if the value of the property stolen exceeds $5,000;
4.29 (2) to imprisonment for not more than seven years or to payment of a fine of not more
4.30than $14,000, or both, if either of the following circumstances exist:
4.31 (i) the value of the property stolen is more than $1,000 but not more than $5,000; or
4Sec. 4.
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
5.2under this section;
5.3 (3) to imprisonment for not more than two years or to payment of a fine of not more
5.4than $5,000, or both, if either of the following circumstances exist:
5.5 (i) the value of the property stolen is more than $500 but not more than $1,000; or
5.6 (ii) the person commits the offense within ten years of a previous conviction under this
5.7section; or
5.8 (4) to imprisonment of not more than one year or to payment of a fine of not more than
5.9$3,000, or both, if the value of the property stolen is $500 or less.
5.10 Subd. 4.Aggregation.The value of the retail merchandise received by the defendant
5.11in violation of this section within any six-month period may be aggregated and the defendant
5.12charged accordingly in applying the provisions of this subdivision; provided that when two
5.13or more offenses are committed by the same person in two or more counties, the accused
5.14may be prosecuted in any county in which one of the offenses was committed for all of the
5.15offenses aggregated under this paragraph.
5.16 Subd. 5.Enhanced penalty.If a violation of this section creates a reasonably foreseeable
5.17risk of bodily harm to another, the penalties described in subdivision 3 are enhanced as
5.18follows:
5.19 (1) if the penalty is a gross misdemeanor, the person is guilty of a felony and may be
5.20sentenced to imprisonment for not more than three years or to payment of a fine of not more
5.21than $5,000, or both; and
5.22 (2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent
5.23longer than for the underlying crime.
5.24 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
5.25committed on or after that date.
5.26 Sec. 5. Minnesota Statutes 2022, section 609.527, subdivision 1, is amended to read:
5.27 Subdivision 1.Definitions.(a) As used in this section, the following terms have the
5.28meanings given them in this subdivision.
5.29 (b) "Direct victim" means any person or entity described in section 611A.01, paragraph
5.30(b), whose identity has been transferred, used, or possessed in violation of this section.
5Sec. 5.
23-00748 as introduced12/06/22 REVISOR KLL/CH 6.1 (c) "False pretense" means any false, fictitious, misleading, or fraudulent information
6.2or pretense or pretext depicting or including or deceptively similar to the name, logo, website
6.3address, email address, postal address, telephone number, or any other identifying information
6.4of a for-profit or not-for-profit business or organization or of a government agency, to which
6.5the user has no legitimate claim of right.
6.6 (d) "Financial institution" has the meaning given in section 13A.01, subdivision 2.
6.7 (e) "Identity" means any name, number, or data transmission that may be used, alone or
6.8in conjunction with any other information, to identify a specific individual or entity, including
6.9any of the following:
6.10 (1) a name, Social Security number, date of birth, official government-issued driver's
6.11license or identification number, government passport number, or employer or taxpayer
6.12identification number;
6.13 (2) unique electronic identification number, address, account number, or routing code;
6.14or
6.15 (3) telecommunication identification information or access device.
6.16 (e) (f) "Indirect victim" means any person or entity described in section 611A.01,
6.17paragraph (b), other than a direct victim.
6.18 (f) (g) "Loss" means value obtained, as defined in section 609.52, subdivision 1, clause
6.19(3), and expenses incurred by a direct or indirect victim as a result of a violation of this
6.20section.
6.21 (g) (h) "Unlawful activity" means:
6.22 (1) any felony violation of the laws of this state or any felony violation of a similar law
6.23of another state or the United States; and
6.24 (2) any nonfelony violation of the laws of this state involving theft, theft by swindle,
6.25forgery, fraud, or giving false information to a public official, or any nonfelony violation
6.26of a similar law of another state or the United States.
6.27 (h) (i) "Scanning device" means a scanner, reader, or any other electronic device that is
6.28used to access, read, scan, obtain, memorize, or store, temporarily or permanently,
6.29information encoded on a computer chip or magnetic strip or stripe of a payment card,
6.30driver's license, or state-issued identification card.
6.31 (i) (j) "Reencoder" means an electronic device that places encoded information from the
6.32computer chip or magnetic strip or stripe of a payment card, driver's license, or state-issued
6Sec. 5.
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
7.2card, driver's license, or state-issued identification card, or any electronic medium that
7.3allows an authorized transaction to occur.
7.4 (j) (k) "Payment card" means a credit card, charge card, debit card, or any other card
7.5that:
7.6 (1) is issued to an authorized card user; and
7.7 (2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or
7.8anything of value.
7.9 EFFECTIVE DATE.This section is effective August 1, 2023.
7.10 Sec. 6. Minnesota Statutes 2022, section 609.527, is amended by adding a subdivision to
7.11read:
7.12 Subd. 8.Release of limited account information to law enforcement authorities.(a)
7.13A financial institution may release the information described in paragraph (b) to a law
7.14enforcement or prosecuting authority that certifies in writing that it is investigating or
7.15prosecuting a crime of identity theft under this section. The certification must describe with
7.16reasonable specificity the nature of the suspected identity theft that is being investigated or
7.17prosecuted, including the dates of the suspected criminal activity.
7.18 (b) This subdivision applies to requests for the following information relating to a
7.19potential victim's account:
7.20 (1) the name of the account holder or holders; and
7.21 (2) the last known home address and telephone numbers of the account holder or holders.
7.22 (c) A financial institution may release the information requested under this subdivision
7.23that it possesses within a reasonable time after the request. The financial institution may
7.24not impose a fee for furnishing the information.
7.25 (d) A financial institution is not liable in a criminal or civil proceeding for releasing
7.26information in accordance with this subdivision.
7.27 (e) Release of limited account information to a law enforcement agency under this
7.28subdivision is criminal investigative data under section 13.82, subdivision 7, except that
7.29when the investigation becomes inactive the account information remains confidential data
7.30on individuals or protected nonpublic data.
7.31 EFFECTIVE DATE.This section is effective August 1, 2023.
7Sec. 6.
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:
8.2 Subd. 3.Burglary in the third degree.(a) Except as otherwise provided in this section,
8.3whoever enters a building without consent and with intent to steal or commit any felony or
8.4gross misdemeanor while in the building, or enters a building without consent and steals or
8.5commits a felony or gross misdemeanor while in the building, either directly or as an
8.6accomplice, commits burglary in the third degree and may be sentenced to imprisonment
8.7for not more than five years or to payment of a fine of not more than $10,000, or both.
8.8 (b) Whoever enters a building that is open to the public, other than a building identified
8.9in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
8.10that is open to the public, other than a building identified in subdivision 2, paragraph (b),
8.11and steals while in the building, either directly or as an accomplice, commits burglary in
8.12the third degree and may be sentenced to imprisonment for not more than five years or to
8.13payment of a fine of not more than $10,000, or both, if:
8.14 (1) the person enters the building within one year after being told to leave the building
8.15and not return; and
8.16 (2) the person has been convicted within the preceding five years for an offense under
8.17this section, section 256.98, 268.182, 609.24, 609.245, 609.52, 609.522, 609.53, 609.625,
8.18609.63, 609.631, or 609.821, or a statute from another state, the United States, or a foreign
8.19jurisdiction, in conformity with any of those sections, and the person received a felony
8.20sentence for the offense or a sentence that was stayed under section 609.135 if the offense
8.21to which a plea was entered would allow imposition of a felony sentence.
8.22 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
8.23committed on or after that date.
8.24 Sec. 8. Minnesota Statutes 2022, section 609.582, subdivision 4, is amended to read:
8.25 Subd. 4.Burglary in the fourth degree.(a) Whoever enters a building without consent
8.26and with intent to commit a misdemeanor other than to steal, or enters a building without
8.27consent and commits a misdemeanor other than to steal while in the building, either directly
8.28or as an accomplice, commits burglary in the fourth degree and may be sentenced to
8.29imprisonment for not more than one year or to payment of a fine of not more than $3,000,
8.30or both.
8.31 (b) Whoever enters a building that is open to the public, other than a building identified
8.32in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
8.33that is open to the public, other than a building identified in subdivision 2, paragraph (b),
8Sec. 8.
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
9.2the fourth degree and may be sentenced to imprisonment for not more than one year or to
9.3payment of a fine of not more than $3,000, or both, if the person enters the building within
9.4one year after being told to leave the building and not return.
9.5 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
9.6committed on or after that date.
9.7 Sec. 9. Minnesota Statutes 2022, section 626.15, is amended to read:
9.8 626.15 EXECUTION AND RETURN OF WARRANT; TIME.
9.9 (a) Except as provided in paragraph (b) (c), a search warrant must be executed and
9.10returned to the court which issued it within ten days after its date. After the expiration of
9.11this time, the warrant is void unless previously executed.
9.12 (b) A search warrant on a financial institution for financial records is valid for 30 days.
9.13 (c) A district court judge may grant an extension of a the warrant on a financial institution
9.14for financial records upon an application under oath stating that the financial institution has
9.15not produced the requested financial records within ten days the 30-day period and that an
9.16extension is necessary to achieve the purposes for which the search warrant was granted.
9.17Each extension may not exceed 30 days.
9.18 (d) For the purposes of this paragraph section, "financial institution" has the meaning
9.19given in section 13A.01, subdivision 2, and "financial records" has the meaning given in
9.20section 13A.01, subdivision 3.
9.21 EFFECTIVE DATE.This section is effective August 1, 2023.
9Sec. 9.
23-00748 as introduced12/06/22 REVISOR KLL/CH