HF 3315

as introduced - 86th Legislature (2009 - 2010) Posted on 03/03/2010 03:56pm

A bill for an act
relating to natural resources; modifying criminal penalty provisions; providing
for participation in comprehensive incident-based reporting system; extending
use of silencers for wildlife control; amending Minnesota Statutes 2008, sections
84D.13, subdivision 3; 609.66, subdivision 1h; Minnesota Statutes 2009
Supplement, section 299C.40, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 84D.13, subdivision 3, is amended to read:

Subd. 3.

Criminal penalties.

(a) A person who violates a provision of deleted text begin section deleted text end new text begin
sections new text end 84D.06 deleted text begin , 84D.07, 84D.08, or deleted text end new text begin to new text end 84D.10, or a rule adopted under section 84D.12, is
guilty of a misdemeanor.

(b) A person who possesses, transports, or introduces a prohibited invasive species in
violation of section 84D.05 is guilty of a misdemeanor. A person who imports, purchases,
sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty
of a gross misdemeanor.

(c) A person who refuses to obey an order of a peace officer or conservation officer
to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer,
or plant harvesting equipment is guilty of a gross misdemeanor.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 299C.40, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
in the Department of Public Safety and managed by the Bureau of Criminal Apprehension.
A reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.

(c) "Law enforcement agency" means a Minnesota municipal police department,
the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit,
a Minnesota county sheriff's department, new text begin the Enforcement Division of the Department of
Natural Resources, new text end the Bureau of Criminal Apprehension, or the Minnesota State Patrol.

Sec. 3.

Minnesota Statutes 2008, section 609.66, subdivision 1h, is amended to read:

Subd. 1h.

Silencers; authorized for law enforcement and wildlife control
purposes.

(a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace
officers may use devices designed to silence or muffle the discharge of a firearm for
tactical emergency response operations. Tactical emergency response operations include
execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue,
and any other tactical deployments involving high risk circumstances. The chief law
enforcement officer of a law enforcement agency that has the need to use silencing devices
must establish and enforce a written policy governing the use of the devices.

(b) Notwithstanding subdivision 1a, paragraph (a), clause (1), deleted text begin until July 1, 2011, deleted text end
an enforcement officer, as defined in section 97A.015, subdivision 18, a wildlife area
manager, an employee designated under section 84.0835, or a person acting under contract
with the commissioner of natural resources, at specific times and locations that are
authorized by the commissioner of natural resources may use devices designed to silence
or muffle the discharge of a firearm for wildlife control operations that require stealth.
If the commissioner determines that the use of silencing devices is necessary under this
paragraph, the commissioner must:

(1) establish and enforce a written policy governing the use, possession, and
transportation of the devices;

(2) limit the number of the silencing devices maintained by the Department of
Natural Resources to no more than ten; and

(3) keep direct custody and control of the devices when the devices are not
specifically authorized for use.