50-1013. Violation of act or cease and desist order, penalties; prosecution; special prosecutor.
50-1013
50-1013. Violation of act or cease and desist order, penalties;prosecution; special prosecutor.(a) Any person who willfully violatesany provision of this act or knowingly violates any cease and desist orderissued underthis act commits a severity level 7, nonperson felony.Any violation of this act committed on or after July 1, 1993, resulting in aloss of $25,000 or more, regardless of its location on the sentencing gridblock, shall have a presumptive sentence of imprisonment.
(b) Prosecution for any crime under this act must be commenced within fiveyears after the alleged violation. A prosecution is commenced when a complaintor information is filed, or an indictment returned, and a warrant thereon isdelivered to the sheriff or other officer for execution. No such prosecutionshall be deemed to have been commenced if the warrant so issued is not executedwithout unreasonable delay.
(c) The commissioner may refer such evidence as may be availableconcerning violations of this act or of any rule and regulation or orderhereunder to the attorney general or the proper county or district attorney,who may in the prosecutor's discretion, with or without such a reference,institute the appropriate criminal proceedings under this act. Upon receipt ofsuch reference, the attorney general or the county attorney or districtattorney may request that a duly employed attorney of the commissionerprosecute or assist in the prosecution of such violation or violations onbehalf of the state. Upon approval of the commissioner, such employee shall beappointed special prosecutor for the attorney general or the county attorney ordistrict attorney to serve without compensation from the attorney general orthe county attorney or district attorney. Such special prosecutor shall haveall the powers and duties prescribed by law for assistant attorneys general orassistant county or district attorneys, and such other powers and duties as arelawfully delegated to such special prosecutors by the attorney general or thecounty attorney or district attorney.
History: L. 1988, ch. 328, § 13;L. 1992, ch. 226, § 11;L. 1993, ch. 291, § 227; July 1.