SF 5040

02/07/25  REVISOR  KLL/NS  25-03520  as introduced
  SENATE
  STATE OF MINNESOTA
  NINETY-FOURTH SESSION  S.F. No. 5040
  (SENATE AUTHORS: HOLMSTROM, Limmer and Kreun)
  DATE       D-PG  OFFICIAL STATUS
  04/09/2026      7937 Introduction and first reading
  Referred to Judiciary and Public Safety
1.1A bill for an act
1.2relating to public safety; increasing penalty for theft of motor vehicle; amending
1.3Minnesota Statutes 2024, section 609.52, subdivision 3.
1.4    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5Section 1. Minnesota Statutes 2024, section 609.52, subdivision 3, is amended to read:
1.6Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:
1.7(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
1.8    $100,000, or both, if the property is a firearm, or the value of the property or services stolen
1.9    is more than $35,000 and the conviction is for a violation of subdivision 2, paragraph (a),
1.10   clause (3), (4), (15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item
1.11   (i); or
1.12(2) to imprisonment for not more than ten years or to payment of a fine of not more than
1.13   $20,000, or both, if any of the following circumstances exist:
1.14(i) the value of the property or services stolen exceeds $5,000, or if; or
1.15(ii) the property stolen was:
1.16(A) an article representing a trade secret,;
1.17(B) an explosive or incendiary device, or;
1.18(C) a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
1.19   exception of marijuana; or
1.20(D) a motor vehicle; or
Section 1.  1
 02/07/25  REVISOR  KLL/NS  25-03520  as introduced
2.1      (3) to imprisonment for not more than five years or to payment of a fine of not more
2.2  than $10,000, or both, if any of the following circumstances exist:
2.3      (a) (i) the value of the property or services stolen is more than $1,000 but not more than
2.4  $5,000; or
2.5      (b) (ii) the property stolen was a controlled substance listed in Schedule III, IV, or V
2.6  pursuant to section 152.02; or
2.7      (c) (iii) the value of the property or services stolen is more than $500 but not more than
2.8  $1,000 and the person has been convicted within the preceding five years for an offense
2.9  under this section, section 256.98; 268.182; 609.24; 609.245; 609.247; 609.522; 609.53;
2.10 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from
2.11 another state, the United States, or a foreign jurisdiction, in conformity with any of those
2.12 sections, and the person received a felony or gross misdemeanor sentence for the offense,
2.13 or a sentence that was stayed under section 609.135 if the offense to which a plea was
2.14 entered would allow imposition of a felony or gross misdemeanor sentence; or
2.15     (d) (iv) the value of the property or services stolen is not more than $1,000, and any of
2.16 the following circumstances exist:
2.17     (i) (A) the property is taken from the person of another or from a corpse, or grave or
2.18 coffin containing a corpse; or
2.19     (ii) (B) the property is a record of a court or officer, or a writing, instrument or record
2.20 kept, filed or deposited according to law with or in the keeping of any public officer or
2.21 office; or
2.22     (iii) (C) the property is taken from a burning, abandoned, or vacant building or upon its
2.23 removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
2.24 or the proximity of battle; or
2.25     (iv) (D) the property consists of public funds belonging to the state or to any political
2.26 subdivision or agency thereof; or
2.27     (v) the property stolen is a motor vehicle; or
2.28     (4) to imprisonment for not more than 364 days or to payment of a fine of not more than
2.29 $3,000, or both, if the value of the property or services stolen is more than $500 but not
2.30 more than $1,000; or
2.31     (5) in all other cases where the value of the property or services stolen is $500 or less,
2.32 to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
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 02/07/25  REVISOR  KLL/NS  25-03520  as introduced
3.1  or both, provided, however, in any prosecution under subdivision 2, paragraph (a), clauses
3.2  (1), (2), (3), (4), (13), and (19), the value of the money or property or services received by
3.3  the defendant in violation of any one or more of the above provisions within any six-month
3.4  period may be aggregated and the defendant charged accordingly in applying the provisions
3.5  of this subdivision; provided that when two or more offenses are committed by the same
3.6  person in two or more counties, the accused may be prosecuted in any county in which one
3.7  of the offenses was committed for all of the offenses aggregated under this paragraph.
3.8      EFFECTIVE DATE. This section is effective August 1, 2025, and applies to crimes
3.9  committed on or after that date.
3.10   Sec. 2. REVISOR INSTRUCTION.
3.11     The revisor of statutes, in consultation with the House Research Department and the
3.12 Office of Senate Counsel, Research and Fiscal Analysis, shall make cross-reference changes
3.13 to Minnesota Statutes, section 609.52, in Minnesota Statutes and Minnesota Rules.
 Sec. 2.  3