Bill Text: MN SF614 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Crime of wildfire arson involving multiple buildings or dwellings, acreage or crop damages, or results in demonstrable bodily harm penalty increase
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-09 - HF substituted on General Orders HF228 [SF614 Detail]
Download: Minnesota-2013-SF614-Engrossed.html
1.2relating to public safety; creating increased penalties for wildfire arson
1.3that damages multiple buildings or dwellings, acreage, or crops, or causes
1.4demonstrable bodily harm; adding restitution provisions;amending Minnesota
1.5Statutes 2012, section 609.5641, subdivisions 1, 3, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 609.5641, subdivision 1, is amended to read:
1.8 Subdivision 1. Setting wildfires. A personis guilty of a felony who intentionally
1.9sets a fire to burn out of control on land of another containing timber, underbrush, grass,
1.10or other vegetative combustible material is guilty of a felony and may be sentenced as
1.11provided in subdivision 1a.
1.12EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
1.13committed on or after that date.
1.14 Sec. 2. Minnesota Statutes 2012, section 609.5641, is amended by adding a subdivision
1.15to read:
1.16 Subd. 1a. Penalty; felonies. (a) Except as provided in paragraphs (b), (c), and (d), a
1.17person who violates subdivision 1 may be sentenced to imprisonment for not more than
1.18five years or to payment of a fine of not more than $10,000, or both.
1.19(b) A person who violates subdivision 1 where the fire threatens to damage or
1.20damages in excess of five buildings or dwellings, burns 500 acres or more, or damages
1.21crops in excess of $100,000, may be sentenced to imprisonment for not more than ten
1.22years or to payment of a fine of not more than $15,000, or both.
2.1(c) A person who violates subdivision 1 where the fire threatens to damage or
2.2damages in excess of 100 buildings or dwellings, burns 1,500 acres or more, or damages
2.3crops in excess of $250,000, may be sentenced to imprisonment for not more than 20 years
2.4or to payment of a fine of not more than $25,000, or both.
2.5(d) A person who violates subdivision 1 where the fire causes another person to
2.6suffer demonstrable bodily harm may be sentenced to imprisonment for not more than ten
2.7years or to payment of a fine of $15,000, or both.
2.8(e) For purposes of this section, a building or dwelling is threatened when there is a
2.9probability of damage to the building or dwelling requiring evacuation for safety of life.
2.10EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.11committed on or after that date.
2.12 Sec. 3. Minnesota Statutes 2012, section 609.5641, subdivision 3, is amended to read:
2.13 Subd. 3.Penalty; Restitution. (a) A person who violates subdivision 1 may be
2.14sentenced to imprisonment for not more than five years or to payment of a fine of not
2.15more than $10,000, or both.
2.16(b) A person who violates subdivision 2 may be sentenced to imprisonment for not
2.17more than one year or to payment of a fine of not more than $3,000, or both.
2.18(c) In addition to the sentence otherwise authorized, the court may order a person
2.19who is convicted of violating this section to pay fire suppression costsand, damages to
2.20the owner of the damaged land, costs associated with injuries sustained by a member of a
2.21municipal or volunteer fire department in the performance of the member's duties, and
2.22any other restitution costs allowed under section 611A.04.
2.23EFFECTIVE DATE.This section is effective August 1, 2013.
1.3that damages multiple buildings or dwellings, acreage, or crops, or causes
1.4demonstrable bodily harm; adding restitution provisions;amending Minnesota
1.5Statutes 2012, section 609.5641, subdivisions 1, 3, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 609.5641, subdivision 1, is amended to read:
1.8 Subdivision 1. Setting wildfires. A person
1.9sets a fire to burn out of control on land of another containing timber, underbrush, grass,
1.10or other vegetative combustible material is guilty of a felony and may be sentenced as
1.11provided in subdivision 1a.
1.12EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
1.13committed on or after that date.
1.14 Sec. 2. Minnesota Statutes 2012, section 609.5641, is amended by adding a subdivision
1.15to read:
1.16 Subd. 1a. Penalty; felonies. (a) Except as provided in paragraphs (b), (c), and (d), a
1.17person who violates subdivision 1 may be sentenced to imprisonment for not more than
1.18five years or to payment of a fine of not more than $10,000, or both.
1.19(b) A person who violates subdivision 1 where the fire threatens to damage or
1.20damages in excess of five buildings or dwellings, burns 500 acres or more, or damages
1.21crops in excess of $100,000, may be sentenced to imprisonment for not more than ten
1.22years or to payment of a fine of not more than $15,000, or both.
2.1(c) A person who violates subdivision 1 where the fire threatens to damage or
2.2damages in excess of 100 buildings or dwellings, burns 1,500 acres or more, or damages
2.3crops in excess of $250,000, may be sentenced to imprisonment for not more than 20 years
2.4or to payment of a fine of not more than $25,000, or both.
2.5(d) A person who violates subdivision 1 where the fire causes another person to
2.6suffer demonstrable bodily harm may be sentenced to imprisonment for not more than ten
2.7years or to payment of a fine of $15,000, or both.
2.8(e) For purposes of this section, a building or dwelling is threatened when there is a
2.9probability of damage to the building or dwelling requiring evacuation for safety of life.
2.10EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.11committed on or after that date.
2.12 Sec. 3. Minnesota Statutes 2012, section 609.5641, subdivision 3, is amended to read:
2.13 Subd. 3.
2.14
2.15
2.16
2.17
2.18
2.19who is convicted of violating this section to pay fire suppression costs
2.20the owner of the damaged land, costs associated with injuries sustained by a member of a
2.21municipal or volunteer fire department in the performance of the member's duties, and
2.22any other restitution costs allowed under section 611A.04.
2.23EFFECTIVE DATE.This section is effective August 1, 2013.
