1.1                          A bill for an act 
  1.2             relating to crime prevention; increasing criminal 
  1.3             penalties for the crime of identity theft; requiring 
  1.4             sentencing guidelines modifications related to 
  1.5             aggravating factors and consecutive sentences; 
  1.6             amending Minnesota Statutes 2002, section 609.527, 
  1.7             subdivision 3.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 609.527, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
  1.12  may be sentenced as follows: 
  1.13     (1) if the offense involves a single direct victim and the 
  1.14  total, combined loss to the direct victim and any indirect 
  1.15  victims is $250 or less, the person may be sentenced as provided 
  1.16  in section 609.52, subdivision 3, clause (5); 
  1.17     (2) if the offense involves a single direct victim and the 
  1.18  total, combined loss to the direct victim and any indirect 
  1.19  victims is more than $250 but not more than $500, the person may 
  1.20  be sentenced as provided in section 609.52, subdivision 3, 
  1.21  clause (4); 
  1.22     (3) if the offense involves two or three direct victims or 
  1.23  the total, combined loss to the direct and indirect victims is 
  1.24  more than $500 but not more than $2,500, the person may be 
  1.25  sentenced as provided in section 609.52, subdivision 3, clause 
  1.26  (3); ~~and~~ 
  2.1      (4) if the offense involves ~~four or~~ more than three but not 
  2.2   more than seven direct victims, or if the total, combined loss 
  2.3   to the direct and indirect victims is more than $2,500, the 
  2.4   person may be sentenced as provided in section 609.52, 
  2.5   subdivision 3, clause (2); and 
  2.6      (5) if the offense involves eight or more direct victims, 
  2.7   or if the total, combined loss to the direct and indirect 
  2.8   victims is more than $35,000, the person may be sentenced as 
  2.9   provided in section 609.52, subdivision 3, clause (1). 
  2.10     Sec. 2.  [SENTENCING GUIDELINES MODIFICATIONS REQUIRED.] 
  2.11     Subdivision 1.  [AGGRAVATING FACTOR; IDENTITY THEFT.] By 
  2.12  August 1, 2003, the sentencing guidelines commission shall 
  2.13  modify Minnesota Sentencing Guidelines, section II.D., by adding 
  2.14  to the list of the aggravating factors that may be used as a 
  2.15  basis for a sentencing departure, the offender's use of 
  2.16  another's identity without authorization to commit a crime.  
  2.17  This aggravating factor may not be used when the use of 
  2.18  another's identity is an element of the offense.  
  2.19     Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; OFFENDERS WITH 
  2.20  SIX OR MORE CRIMINAL HISTORY POINTS.] By August 1, 2003, the 
  2.21  sentencing guidelines commission shall modify Minnesota 
  2.22  Sentencing Guidelines, section II.F., by adding to the list of 
  2.23  cases in which consecutive sentences are permissive, a current 
  2.24  felony conviction for a crime committed by an offender who has 
  2.25  six or more criminal history points. 
  2.26     Sec. 3.  [EFFECTIVE DATE.] 
  2.27     Section 1 is effective August 1, 2003, and applies to 
  2.28  crimes committed on or after that date.