HF 2608
Introduction - 89th Legislature (2015 - 2016)
Posted on 03/08/2016 04:19 p.m.
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A bill for an act
relating to civil actions; authorizing a cause of action for damages for misconduct
by a public officer or employee; amending Minnesota Statutes 2014, section
609.43.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 609.43, is amended to read:
609.43 MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE.
new text begin Subdivision 1. new text end
new text begin Crime and penalty. new text end
A public officer or employee who does any
of the following, for which no other sentence is specifically provided by law, may be
sentenced to imprisonment for not more than one year or to payment of a fine of not
more than $3,000, or both:
(1) intentionally fails or refuses to perform a known mandatory, nondiscretionary,
ministerial duty of the office or employment within the time or in the manner required
by law; or
(2) in the capacity of such officer or employee, does an act knowing it is in excess of
lawful authority or knowing it is forbidden by law to be done in that capacity; or
(3) under pretense or color of official authority intentionally and unlawfully injures
another in the other's person, property, or rights; or
(4) in the capacity of such officer or employee, makes a return, certificate, official
report, or other like document having knowledge it is false in any material respect.
new text begin Subd. 2. new text end
new text begin Civil remedy. new text end
new text begin
A victim of a crime under subdivision 1 may bring a cause
of action against a person who violates that subdivision. The court may award damages,
including punitive damages, reasonable attorney fees, and other litigation costs reasonably
incurred by the victim. This remedy is in addition to potential criminal liability.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end