Legislation of Interest to Activists In the wake of increased political activity, the legislature is attempting to create new crimes and increase penalties for charges often levied against activists. We can stop them if we understand the bills and apply pressure in the right places. HF 55/SF 148: Highway obstruction penalties increased Modifies MN Statutes 160.2715 (Right of Way Use) and 609.74 (Public Nuisance) to increase the crime of obstructing the highway from a misdemeanor to a gross misdemeanor. HF 1066/SF 918 are similar bills but have bipartisan authors. HF 390/SF 676 makes it a gross misdemeanor to block traffic at airports and increases crime of blocking a transit vehicle from a misdemeanor to a gross misdemeanor HF 322/SF 679: Governmental units allowed to sue to recover costs related to unlawful assemblies Creates a new law that allows governmental units to sue to recover costs related to participation in an unlawful assembly, presence at an unlawful assembly, or public nuisance. 609.505 UNLAWFUL ASSEMBLY: When three or more persons assemble, each participant is guilty of unlawful assembly, a misdemeanor, if the assembly is [1] with intent to commit an unlawful act by force; [2] with intent to carry out any purpose in such manner as will disturb or threaten the public peace; or [3] without unlawful purpose, but the participants so conduct themselves in a disorderly manner as to disturb or threaten the public peace. 609.715 PRESENCE AT UNLAWFUL ASSEMBLY: Whoever without lawful purpose is present at the place of an unlawful assembly and refuses to leave when so directed by a law enforcement officer is guilty of a misdemeanor. 609.74 PUBLIC NUISANCE: Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor [1] maintains or permits a condition that unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or [2] interferes with, obstructs, or renders dangerous for passage, any public, highway or right-of-way, or waters used by the public; or [3] is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided. HF 405: Assault of firefighters and emergency medical personnel crime level and sentence modified. Modifies MN Statute 609.2231 adds crimes for assaulting firefighters and emergency medical personnel: a gross misdemeanor if no injuries (1 year, $3000) a felony if the person is hurt (2 years, $4000) a felony if it involves transferring body fluid or feces (3 years, $6000) HF 470: Public safety motor vehicle tampering crime created, and criminal penalties established. Creates new FELONY crime of “public safety motor vehicle tampering” with sentences of: Public safety vehicles: 5 years, $10,000 Private vehicles owned by public safety officers: 2 years, $5000 If vehicle function is impaired: 10 years, $20,000 HF 400/SF 247: Vendor required to not engage in discrimination against Israel. (Anti-BDS Bill) Vendors doing business with the state must certify do not participate in boycott of Israel. Boycott is free speech, not discrimination. Business owners should not be financially penalized for free speech. Conflates state business with foreign policy and puts the state on one side of the debate. Analogous to taking a loyalty oath involving another country. HF 34/SF 184: Minnesota Public Safety Personnel Protection Act created, and penalties for obstructing emergency responders. Modifies MN Statute 609.50 to elevate Obstructing Legal Process from misdemeanor to a Felony with a minimum of 1 year imprisonment. If “with force” the penalty is 2-5 years, $10,000. OLP is a very common charge for people who challenge police, are falsely arrested or brutalized by police and a common charge for protesters. Only requires minimal resistance. HF 26: Law enforcement agencies required to comply with federal immigration detainers. Requires law enforcement agencies to hold people under immigration detainer for up 48 hours, regardless of bail eligibility. Mandates local compliance with DHS. HF 132: Law enforcement data classification provided. Modifies the Minnesota Government Data Practices Act to make contact info for people who have sought police services private: Telephone number Email or other electronic address Date of birth Last year, the legislature made almost all body camera footage private, unless the person in the footage agrees to its release. This bill would make it impossible to contact people in the footage to obtain access. It would also make it hard to reach out to people affected by police brutality since it would also diminish information available on formal complaints about police. HF 70/SF 123: Electronic communication retention requirements provided. GOOD BILL! Requires governments to retain electronic communications, including email, for at least 18 months. Community groups are pushing for 3 years Misdemeanor: A crime for which a sentence of a maximum of 90 days, $1000 or both may be imposed. Gross Misdemeanor: A crime for which a sentence of a maximum of one year, $3000 or both may be imposed. Felony: A crime for which a sentence of imprisonment for more than a year may be imposed.
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