Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 261-H.F.No. 700 
           An act relating to crimes; increasing penalties for 
          certain crimes when committed because of the victim's 
          or another's actual or perceived race, color, 
          religion, sex, sexual orientation, disability, age, or 
          national origin; increasing penalties for using the 
          mail or making telephone calls and falsely 
          impersonating another for the purpose of harassing, 
          abusing, or threatening another person; authorizing 
          the commissioner of public safety to report on 
          additional bias-motivated criminal activity not 
          covered by the bias crime reporting law; amending 
          Minnesota Statutes 1988, sections 609.2231, by adding 
          a subdivision; 609.595, subdivisions 2, 3, and by 
          adding a subdivision; 609.605, by adding a 
          subdivision; 609.746, by adding a subdivision; 609.79, 
          by adding a subdivision; 609.795; and 626.5531, 
          subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 609.2231, is 
amended by adding a subdivision to read: 
    Subd. 4.  [ASSAULTS MOTIVATED BY BIAS.] (a) Whoever 
assaults another because of the victim's or another's actual or 
perceived race, color, religion, sex, sexual orientation, 
disability as defined in section 363.01, age, or national origin 
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. 
    (b) Whoever violates the provisions of paragraph (a) within 
five years of a previous conviction under paragraph (a) is 
guilty of a felony and may be sentenced to imprisonment for not 
more than one year and a day or to payment of a fine of not more 
than $3,000, or both. 
    Sec. 2.  Minnesota Statutes 1988, section 609.595, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CRIMINAL DAMAGE TO PROPERTY IN THE SECOND 
DEGREE.] (a) Whoever intentionally causes damage described in 
subdivision 2, paragraph (a), because of the property owner's or 
another's actual or perceived race, color, religion, sex, sexual 
orientation, disability as defined in section 363.01, age, or 
national origin is guilty of a felony and may be sentenced to 
imprisonment for not more than one year and a day or to payment 
of a fine of not more than $3,000, or both. 
     (b) In any prosecution under paragraph (a), the value of 
property damaged by the defendant in violation of that paragraph 
within any six-month period may be aggregated and the defendant 
charged accordingly in applying this section.  When two or more 
offenses are committed by the same person in two or more 
counties, the accused may be prosecuted in any county in which 
one of the offenses was committed for all of the offenses 
aggregated under this paragraph. 
    Sec. 3.  Minnesota Statutes 1988, section 609.595, 
subdivision 2, is amended to read: 
    Subd. 2.  [CRIMINAL DAMAGE TO PROPERTY IN THE SECOND THIRD 
DEGREE.] (a) Except as otherwise provided in section 2, whoever 
intentionally causes damage to another person's physical 
property without the other person's consent 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, if the damage reduces the 
value of the property by more than $250 but not more than $500 
as measured by the cost of repair and replacement. 
    (b) Whoever intentionally causes damage to another person's 
physical property without the other person's consent because of 
the property owner's or another's actual or perceived race, 
color, religion, sex, sexual orientation, disability as defined 
in section 363.01, age, or national origin 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, if the damage reduces the 
value of the property by not more than $250. 
    (c) In any prosecution under paragraph (a), the value of 
property damaged by the defendant in violation of that clause 
paragraph within any six-month period may be aggregated and the 
defendant charged accordingly in applying this section.  When 
two or more offenses are committed by the same person in two or 
more counties, the accused may be prosecuted in any county in 
which one of the offenses was committed for all of the offenses 
aggregated under this paragraph. 
    Sec. 4.  Minnesota Statutes 1988, section 609.595, 
subdivision 3, is amended to read: 
    Subd. 3.  [CRIMINAL DAMAGE TO PROPERTY IN THE THIRD FOURTH 
DEGREE.] Whoever intentionally causes damage described in 
subdivision 2 under any other circumstances is guilty of a 
misdemeanor. 
    Sec. 5.  Minnesota Statutes 1988, section 609.605, is 
amended by adding a subdivision to read: 
     Subd. 3.  [TRESPASSES MOTIVATED BY BIAS.] Whoever commits 
an act described in subdivision 1, clause (13), because of the 
property owner's or another's actual or perceived race, color, 
religion, sex, sexual orientation, disability as defined in 
section 363.01, age, or national origin 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. 
    Sec. 6.  Minnesota Statutes 1988, section 609.746, is 
amended by adding a subdivision to read: 
     Subd. 3.  [INTRUSION ON PRIVACY; AGGRAVATED 
VIOLATION.] Whoever commits an act described in subdivision 2 
because of the victim's or another's actual or perceived race, 
color, religion, sex, sexual orientation, disability as defined 
in section 363.01, age, or national origin, 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. 
    Sec. 7.  Minnesota Statutes 1988, section 609.79, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [OBSCENE OR HARASSING TELEPHONE CALLS; 
AGGRAVATED VIOLATIONS.] (a) Whoever commits an act described in 
subdivision 1 because of the victim's or another's actual or 
perceived race, color, religion, sex, sexual orientation, 
disability as defined in section 363.01, age, or national origin 
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. 
     (b) Whoever commits an act described in subdivision 1 by 
falsely impersonating another with intent to harass, abuse, or 
threaten that person or another, 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. 
    Sec. 8.  Minnesota Statutes 1988, section 609.795, is 
amended to read: 
    609.795 [LETTER, TELEGRAM, OR PACKAGE; OPENING; 
HARASSMENT.] 
    Subdivision 1.  [MISDEMEANORS.] Whoever does any of the 
following is guilty of a misdemeanor: 
    (1) knowing that the actor does not have the consent of 
either the sender or the addressee, intentionally opens any 
sealed letter, telegram, or package addressed to another; or 
    (2) knowing that a sealed letter, telegram, or package has 
been opened without the consent of either the sender or 
addressee, intentionally publishes any of the contents thereof; 
or 
    (3) with the intent to harass, abuse, or threaten, 
repeatedly uses the mails or delivers letters, telegrams, or 
packages. 
    Subd. 2.  [GROSS MISDEMEANORS.] (a) Whoever commits an act 
described in subdivision 1, clause (3), because of the victim's 
or another's actual or perceived race, color, religion, sex, 
sexual orientation, disability as defined in section 363.01, 
age, or national origin 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. 
     (b) Whoever commits an act described in subdivision 1, 
clause (3), by falsely impersonating another with intent to 
harass, abuse, or threaten that person or another, 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.  
    Sec. 9.  Minnesota Statutes 1988, section 626.5531, 
subdivision 2, is amended to read:  
    Subd. 2.  [USE OF INFORMATION COLLECTED.] The head of a 
local law enforcement agency or state law enforcement department 
that employs peace officers licensed under section 626.843 must 
file a monthly report describing crimes reported under this 
section with the department of public safety, bureau of criminal 
apprehension.  The commissioner of public safety must summarize 
and analyze the information received and file an annual report 
with the department of human rights and the legislature.  The 
commissioner may include information in the annual report 
concerning any additional criminal activity motivated by bias 
that is not covered by this section. 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 1 to 8 are effective August 1, 1989, and apply to 
crimes committed on or after that date. 
    Presented to the governor May 23, 1989 
    Signed by the governor May 25, 1989, 6:34 p.m.