1.1    .................... moves to amend H. F. No. 1053 as follows:
1.2Page 1, after line 5, insert:

1.3    "Section 1. Minnesota Statutes 2006, section 609.52, subdivision 2, is amended to read:
1.4    Subd. 2. Acts constituting theft. Whoever does any of the following commits theft
1.5and may be sentenced as provided in subdivision 3:
1.6    (1) intentionally and without claim of right takes, uses, transfers, conceals or retains
1.7possession of movable property of another without the other's consent and with intent to
1.8deprive the owner permanently of possession of the property; or
1.9    (2) with or without having a legal interest in movable property, intentionally and
1.10without consent, takes the property out of the possession of a pledgee or other person
1.11having a superior right of possession, with intent thereby to deprive the pledgee or other
1.12person permanently of the possession of the property; or
1.13    (3) obtains for the actor or another the possession, custody, or title to property of
1.14or performance of services by a third person by intentionally deceiving the third person
1.15with a false representation which is known to be false, made with intent to defraud, and
1.16which does defraud the person to whom it is made. "False representation" includes
1.17without limitation:
1.18    (i) the issuance of a check, draft, or order for the payment of money, except a forged
1.19check as defined in section 609.631, or the delivery of property knowing that the actor is
1.20not entitled to draw upon the drawee therefor or to order the payment or delivery thereof; or
1.21    (ii) a promise made with intent not to perform. Failure to perform is not evidence of
1.22intent not to perform unless corroborated by other substantial evidence; or
1.23    (iii) the preparation or filing of a claim for reimbursement, a rate application, or a
1.24cost report used to establish a rate or claim for payment for medical care provided to a
1.25recipient of medical assistance under chapter 256B, which intentionally and falsely states
1.26the costs of or actual services provided by a vendor of medical care; or
2.1    (iv) the preparation or filing of a claim for reimbursement for providing treatment
2.2or supplies required to be furnished to an employee under section 176.135 which
2.3intentionally and falsely states the costs of or actual treatment or supplies provided; or
2.4    (v) the preparation or filing of a claim for reimbursement for providing treatment or
2.5supplies required to be furnished to an employee under section 176.135 for treatment or
2.6supplies that the provider knew were medically unnecessary, inappropriate, or excessive;
2.7or
2.8    (4) by swindling, whether by artifice, trick, device, or any other means, obtains
2.9property or services from another person; or
2.10    (5) intentionally commits any of the acts listed in this subdivision but with intent
2.11to exercise temporary control only and:
2.12    (i) the control exercised manifests an indifference to the rights of the owner or the
2.13restoration of the property to the owner; or
2.14    (ii) the actor pledges or otherwise attempts to subject the property to an adverse
2.15claim; or
2.16    (iii) the actor intends to restore the property only on condition that the owner pay a
2.17reward or buy back or make other compensation; or
2.18    (6) finds lost property and, knowing or having reasonable means of ascertaining the
2.19true owner, appropriates it to the finder's own use or to that of another not entitled thereto
2.20without first having made reasonable effort to find the owner and offer and surrender the
2.21property to the owner; or
2.22    (7) intentionally obtains property or services, offered upon the deposit of a sum of
2.23money or tokens in a coin or token operated machine or other receptacle, without making
2.24the required deposit or otherwise obtaining the consent of the owner; or
2.25    (8) intentionally and without claim of right converts any article representing a trade
2.26secret, knowing it to be such, to the actor's own use or that of another person or makes a
2.27copy of an article representing a trade secret, knowing it to be such, and intentionally and
2.28without claim of right converts the same to the actor's own use or that of another person.
2.29It shall be a complete defense to any prosecution under this clause for the defendant to
2.30show that information comprising the trade secret was rightfully known or available to the
2.31defendant from a source other than the owner of the trade secret; or
2.32    (9) leases or rents personal property under a written instrument and who:
2.33    (i) with intent to place the property beyond the control of the lessor conceals or aids
2.34or abets the concealment of the property or any part thereof; or
2.35    (ii) sells, conveys, or encumbers the property or any part thereof without the written
2.36consent of the lessor, without informing the person to whom the lessee sells, conveys, or
3.1encumbers that the same is subject to such lease or rental contract with intent to deprive
3.2the lessor of possession thereof; or
3.3    (iii) does not return the property to the lessor at the end of the lease or rental term,
3.4plus agreed upon extensions, with intent to wrongfully deprive the lessor of possession
3.5of the property; or
3.6    (iv) returns the property to the lessor at the end of the lease or rental term, plus
3.7agreed upon extensions, but does not pay the lease or rental charges agreed upon in the
3.8written instrument, with intent to wrongfully deprive the lessor of the agreed upon charges.
3.9For the purposes of items (iii) and (iv), the value of the property must be at least $100.
3.10Evidence that a lessee used a false, fictitious, or not current name, address, or place of
3.11employment in obtaining the property or fails or refuses to return the property or pay the
3.12rental contract charges to lessor within five days after written demand for the return has
3.13been served personally in the manner provided for service of process of a civil action
3.14or sent by certified mail to the last known address of the lessee, whichever shall occur
3.15later, shall be evidence of intent to violate this clause. Service by certified mail shall be
3.16deemed to be complete upon deposit in the United States mail of such demand, postpaid
3.17and addressed to the person at the address for the person set forth in the lease or rental
3.18agreement, or, in the absence of the address, to the person's last known place of residence;
3.19or
3.20    (10) alters, removes, or obliterates numbers or symbols placed on movable property
3.21for purpose of identification by the owner or person who has legal custody or right
3.22to possession thereof with the intent to prevent identification, if the person who alters,
3.23removes, or obliterates the numbers or symbols is not the owner and does not have the
3.24permission of the owner to make the alteration, removal, or obliteration; or
3.25    (11) with the intent to prevent the identification of property involved, so as to
3.26deprive the rightful owner of possession thereof, alters or removes any permanent serial
3.27number, permanent distinguishing number or manufacturer's identification number on
3.28personal property or possesses, sells or buys any personal property knowing or having
3.29reason to know that the permanent serial number, permanent distinguishing number or
3.30manufacturer's identification number has been removed or altered; or
3.31    (12) intentionally deprives another of a lawful charge for cable television service by:
3.32    (i) making or using or attempting to make or use an unauthorized external connection
3.33outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or
3.34other connection; or by
3.35    (ii) attaching any unauthorized device to any cable, wire, microwave, or other
3.36component of a licensed cable communications system as defined in chapter 238. Nothing
4.1herein shall be construed to prohibit the electronic video rerecording of program material
4.2transmitted on the cable communications system by a subscriber for fair use as defined by
4.3Public Law 94-553, section 107; or
4.4    (13) except as provided in paragraphs (12) and (14), obtains the services of another
4.5with the intention of receiving those services without making the agreed or reasonably
4.6expected payment of money or other consideration; or
4.7    (14) intentionally deprives another of a lawful charge for telecommunications
4.8service by:
4.9    (i) making, using, or attempting to make or use an unauthorized connection whether
4.10physical, electrical, by wire, microwave, radio, or other means to a component of a local
4.11telecommunication system as provided in chapter 237; or
4.12    (ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other
4.13component of a local telecommunication system as provided in chapter 237.
4.14    The existence of an unauthorized connection is prima facie evidence that the
4.15occupier of the premises:
4.16    (i) made or was aware of the connection; and
4.17    (ii) was aware that the connection was unauthorized; or
4.18    (15) with intent to defraud, diverts corporate property other than in accordance with
4.19general business purposes or for purposes other than those specified in the corporation's
4.20articles of incorporation; or
4.21    (16) with intent to defraud, authorizes or causes a corporation to make a distribution
4.22in violation of section 302A.551, or any other state law in conformity with it; or
4.23    (17) takes or drives a motor vehicle without the consent of the owner or an
4.24authorized agent of the owner, knowing or having reason to know that the owner or an
4.25authorized agent of the owner did not give consent; or
4.26    (18) intentionally and without claim of right, takes, transfers, conceals, or retains
4.27possession of any computer as defined in section 609.87, subdivision 3, that has identifying
4.28information, as defined in section 609.527, subdivision 1, paragraph (d), in its memory
4.29about the owner or any other person, with intent to convert the identifying information
4.30to the actor's own use or that of another.
4.31EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
4.32committed on or after that date."
4.33Page 2, delete lines 20 to 22 and insert:
4.34    "(vi) the conviction is for a violation of subdivision 2, clause (18); or"
4.35Renumber the sections in sequence and correct the internal references
4.36Amend the title accordingly