Minnesota Legislature
HF 2792
1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/25/2019 09:17am
Bill Text Versions
| Engrossments | Comparisons | ||
|---|---|---|---|
| Introduction | Posted on 04/01/2019 | ||
| 1st Engrossment | Posted on 04/23/2019 | compared with SF802 2nd Engrossment |
| Division Engrossments | Comparisons | ||
|---|---|---|---|
| 1st Division Engrossment | Posted on 04/08/2019 |
Current Version - 1st Engrossment
2.52 2.53
2.54 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12
3.13 3.14 3.15 3.16 3.17
3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15
17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31
19.32
19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20
25.21 25.22 25.23 25.24 25.25 25.26
25.27 25.28 25.29 25.30 25.31
25.32 25.33 26.1 26.2 26.3 26.4
26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13
27.14
27.15 27.16 27.17 27.18
27.19 27.20 27.21
27.22 27.23
27.24 27.25 27.26 27.27 27.28
27.29
28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13
28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24
28.25 28.26 28.27 28.28 28.29 28.30 28.31
29.1
29.2 29.3 29.4 29.5 29.6
29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31
30.1
30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23
32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32
33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9
33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17
33.18
33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25
34.26
34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12
36.13
36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23
37.24
37.25 37.26 37.27 37.28 37.29 37.30 37.31
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22
39.23
39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12
40.13 40.14
40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29
40.30 40.31
41.1 41.2 41.3 41.4 41.5 41.6
41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29
42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22
42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23
43.24 43.25 43.26 43.27 43.28 43.29 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16
46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 47.1 47.2 47.3 47.4 47.5
47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17
47.18
47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16
50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27
50.28 50.29 50.30
51.1 51.2
51.3 51.4 51.5 51.6 51.7
51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17
52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12
53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24
53.25
53.26 53.27 53.28 53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13
54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16
55.17
55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30
56.1 56.2 56.3 56.4 56.5 56.6
56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20
56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31
57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17
57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28
57.29 57.30 57.31 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27
60.28 60.29 60.30 60.31 60.32
61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13
61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26
61.27 61.28 61.29 61.30 61.31 61.32 61.33 62.1 62.2
62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3
64.4 64.5 64.6
64.7
64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17
65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28
66.29 66.30 66.31 66.32 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11
67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26
67.27 67.28 67.29 67.30 67.31 67.32 67.33
68.1
68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4 70.5 70.6
70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30
71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20
71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31
72.1 72.2
72.3 72.4
72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21
72.22 72.23 72.24 72.25 72.26 72.27
72.28 72.29 72.30 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21
73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26
74.27 74.28
75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 79.1 79.2 79.3 79.4 79.5 79.6
79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32
80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20
80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 83.1 83.2 83.3 83.4 83.5
83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23
83.24 83.25 83.26 83.27 83.28
83.29 83.30 83.31 83.32 84.1 84.2
84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4
86.5
86.6 86.7
86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19
86.20 86.21
86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21
87.22 87.23
87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9
88.10 88.11
88.12 88.13 88.14 88.15 88.16 88.17
88.18 88.19
88.20 88.21 88.22 88.23 88.24 88.25
88.26 88.27
88.28 88.29 88.30 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 90.1 90.2 90.3 90.4
90.5 90.6
90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13
91.14 91.15
91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28
93.29 93.30
94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9
96.10 96.11
96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24
96.25 96.26
96.27 96.28 96.29 96.30 96.31 97.1 97.2 97.3
97.4 97.5
97.6 97.7 97.8 97.9 97.10 97.11 97.12
97.13 97.14
97.15 97.16 97.17 97.18 97.19 97.20
97.21 97.22
97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 98.1 98.2
98.3 98.4
98.5 98.6 98.7 98.8 98.9 98.10
98.11 98.12
98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21
98.22 98.23
98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 99.1 99.2 99.3
99.4 99.5
99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16
99.17 99.18
99.19 99.20 99.21 99.22 99.23 99.24
99.25 99.26
99.27 99.28 99.29 99.30 99.31 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13
106.14
106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2
108.3 108.4 108.5
108.6 108.7 108.8 108.9 108.10
108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29
108.30 108.31
109.1
109.2 109.3
109.4 109.5 109.6 109.7 109.8
109.9 109.10
109.11 109.12 109.13 109.14 109.15 109.16 109.17
109.18 109.19
109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 110.1 110.2 110.3 110.4 110.5 110.6
110.7 110.8
110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19
110.20 110.21
110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21
111.22 111.23
111.24 111.25 111.26 111.27 111.28 111.29 111.30 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28
115.29 115.30 115.31 115.32 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 117.1 117.2 117.3 117.4 117.5 117.6 117.7
117.8 117.9
117.10 117.11 117.12 117.13 117.14 117.15 117.16
117.17 117.18
117.19 117.20 117.21 117.22 117.23
117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27
120.28
120.29 120.30
121.1
121.2 121.3
121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 122.1 122.2 122.3 122.4
122.5 122.6
122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2 123.3
123.4 123.5
123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13
123.14 123.15
123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8
124.9 124.10
124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25
124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 125.1 125.2 125.3 125.4 125.5 125.6 125.7
125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18
125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14
126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30
126.31
127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11
127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31
127.32
128.1 128.2
128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27
128.28 128.29 128.30 128.31 128.32 128.33
129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12
129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17
130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15
134.16 134.17 134.18 134.19 134.20
134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29
136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12
136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20
136.21 136.22 136.23 136.24 136.25 136.26 136.27
136.28 136.29 136.30 136.31 136.32 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31
138.1 138.2 138.3 138.4 138.5 138.6 138.7
138.8 138.9 138.10 138.11 138.12 138.13
138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24
139.25 139.26
139.27 139.28 139.29 139.30 139.31 139.32 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31
141.1 141.2
141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 142.1 142.2 142.3 142.4 142.5 142.6 142.7
142.8 142.9
142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14
143.15 143.16
143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30
143.31
144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24
144.25
144.26 144.27 144.28 144.29 144.30 144.31 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24
145.25 145.26
146.1 146.2
146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23
146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33
148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13
148.14
148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23
148.24
148.25 148.26 148.27 148.28 148.29 148.30 148.31 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14
149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26
149.27 149.28 149.29 149.30 149.31 149.32 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9
150.10
150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 151.1 151.2 151.3 151.4 151.5 151.6 151.7
151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 152.1 152.2 152.3
152.4
152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17
152.18
152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12
153.13
153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22
153.23
153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 154.1 154.2 154.3
154.4 154.5 154.6 154.7 154.8
154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23
154.24 154.25
154.26 154.27 154.28 154.29 154.30 154.31 154.32 155.1 155.2 155.3 155.4 155.5 155.6
155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14
155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26
158.27 158.28
158.29 158.30 158.31 158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8
159.9
159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25
159.26 159.27 159.28 159.29 159.30 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33
161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14
161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13
162.14
162.15 162.16 162.17 162.18 162.19 162.20
162.21
162.22 162.23 162.24 162.25 162.26 162.27 162.28
162.29
163.1 163.2 163.3 163.4
163.5
163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29
164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19
165.20
165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30
166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 167.1 167.2 167.3 167.4
167.5
167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24
167.25
167.26 167.27 167.28
168.1 168.2 168.3 168.4 168.5 168.6
168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21
168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30
170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11
172.12
172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23
172.24
172.25 172.26 172.27 172.28 172.29 172.30 172.31
173.1 173.2
173.3 173.4 173.5 173.6 173.7 173.8 173.9
173.10 173.11 173.12
173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 174.1 174.2 174.3 174.4 174.5 174.6 174.7
174.8 174.9 174.10 174.11 174.12
174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11
175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19
175.20 175.21 175.22 175.23 175.24 175.25 175.26
175.27 175.28 175.29 175.30 176.1 176.2
176.3 176.4 176.5 176.6
176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 177.1 177.2 177.3 177.4 177.5 177.6 177.7
177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16
177.17 177.18 177.19 177.20
177.21 177.22 177.23 177.24 177.25 177.26
177.27 177.28 177.29 177.30 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23
178.24 178.25 178.26 178.27 178.28 178.29 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11
179.12 179.13 179.14 179.15
179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20
180.21 180.22
180.23 180.24 180.25 180.26 180.27 180.28 180.29
181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13
182.14 182.15 182.16 182.17 182.18 182.19
182.20 182.21 182.22 182.23 182.24 182.25
182.26 182.27 182.28
183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11
183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19
183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 184.1 184.2
184.3 184.4 184.5 184.6 184.7 184.8
184.9 184.10
184.11 184.12 184.13 184.14 184.15 184.16
184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30
185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13
185.14 185.15 185.16
185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13
186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23
186.24 186.25 186.26 186.27 186.28 186.29 186.30 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29
188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21
188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 189.1 189.2 189.3 189.4
189.5 189.6 189.7 189.8 189.9 189.10 189.11
189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21
189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32
191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24
191.25 191.26 191.27 191.28 191.29 191.30 192.1 192.2 192.3 192.4 192.5 192.6 192.7
192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26
192.27 192.28 192.29 192.30 193.1 193.2
193.3 193.4 193.5
193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13
193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21
193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11
194.12 194.13 194.14
194.15 194.16
194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 195.1 195.2 195.3
195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10
196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16
198.17 198.18
198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 199.1 199.2 199.3 199.4 199.5 199.6
199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 200.34 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14
202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 203.1 203.2 203.3 203.4 203.5
203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12
204.13 204.14 204.15 204.16 204.17 204.18 204.19
204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20
205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15
206.16 206.17
206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 208.1 208.2 208.3 208.4 208.5
208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19
208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16
209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 209.34
210.1 210.2
210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32
212.33 212.34
213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 214.33 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 215.34 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22
217.23 217.24
217.25 217.26 217.27 217.28 217.29 217.30 217.31 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30
221.1 221.2
221.3 221.4
221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10
224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18
225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32 225.33 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 226.32 226.33 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30
227.31 227.32 227.33 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14
228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 228.32 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12
229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28 229.29 229.30 229.31 229.32 229.33 230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32 230.33 230.34 230.35 231.1 231.2 231.3
231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14
231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26
231.27 231.28 231.29 231.30 231.31 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12
232.13 232.14 232.15 232.16 232.17 232.18 232.19
232.20 232.21 232.22 232.23
232.24 232.25 232.26
232.27 232.28
232.29 232.30 232.31 233.1 233.2
233.3 233.4
233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16
233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 233.33 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22
234.23 234.24 234.25
234.26 234.27 234.28 234.29 234.30 234.31 234.32 234.33 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9
235.10 235.11 235.12 235.13 235.14
235.15
235.16
235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24
235.25 235.26 235.27 235.28 235.29 235.30 236.1 236.2 236.3 236.4 236.5 236.6 236.7
236.8 236.9 236.10 236.11
236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20
236.21 236.22 236.23 236.24 236.25
236.26 236.27 236.28 236.29
237.1 237.2 237.3 237.4
237.5 237.6 237.7 237.8
237.9 237.10
237.11 237.12 237.13 237.14 237.15
237.16 237.17 237.18
237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27
237.28 237.29 237.30
238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17
239.18
239.19 239.20 239.21 239.22 239.23 239.24 239.25
239.26
239.27 239.28 239.29 239.30 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32
241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25
241.26
241.27 241.28 241.29 241.30 241.31 241.32 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19
242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24
243.25 243.26
243.27 243.28 243.29 243.30
244.1 244.2 244.3 244.4
244.5 244.6 244.7 244.8
244.9 244.10 244.11 244.12
244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26
244.27 244.28 244.29 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 245.33 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13
246.14 246.15 246.16 246.17 246.18
246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30
248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 249.33 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32 251.33 251.34 251.35 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 252.32 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 254.31 254.32 254.33 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 256.32 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 262.32 262.33 262.34 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23
263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16
265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27
265.28 265.29 265.30 266.1 266.2
266.3 266.4 266.5 266.6 266.7 266.8 266.9
266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20
266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29
267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21
267.22 267.23 267.24 267.25 267.26 267.27 267.28 267.29 267.30 267.31 267.32 267.33 267.34 268.1 268.2
268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14
268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24
269.25 269.26 269.27 269.28 269.29 269.30 269.31 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8
270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22
270.23 270.24 270.25 270.26
270.27 270.28
271.1 271.2
271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 271.32 271.33 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9
272.10 272.11 272.12 272.13
272.14 272.15 272.16 272.17 272.18 272.19
272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8
273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30
273.31 273.32
274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14
274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 274.32 274.33 274.34 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15
275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26
275.27 275.28 275.29 275.30 275.31 275.32 275.33
276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16
276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20
277.21 277.22
277.23 277.24 277.25 277.26 277.27 277.28 277.29 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9
278.10 278.11
278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 279.1 279.2 279.3 279.4 279.5 279.6 279.7
279.8 279.9
279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 279.32 279.33 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31
280.32 280.33
281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9
281.10 281.11
281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 282.1 282.2 282.3
282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20
282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29
283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 288.1 288.2 288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 289.34 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 290.33 290.34 290.35 290.36 290.37 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 291.34 291.35 291.36 291.37 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32 292.33 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21
293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 293.31 293.32 293.33 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26
294.27 294.28 294.29 294.30 294.31 294.32 294.33 295.1 295.2 295.3 295.4 295.5 295.7 295.6 295.9 295.8 295.11 295.10 295.13 295.12 295.14 295.15
295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 295.33 295.34 296.1 296.2 296.3 296.4 296.5 296.6 296.7
296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19
A bill for an act
relating to judiciary; modifying certain provisions relating to public safety; courts;
corrections; law enforcement; sexual offenders; controlled substances; DWI;
vehicle operations; pretrial release; offender sentencing, probation, and diversion;
firefighters; statewide emergency communication; predatory offenders; and
forfeiture; modifying ex-offender voting rights; enacting the Uniform Collateral
Consequences of Conviction Act; raising the age of marriage to 18; establishing
a cooperative private divorce program; requiring reports; providing for task forces;
providing for studies; providing for criminal penalties; appropriating money for
sentencing guidelines, public safety, courts, corrections, Peace Officer Standards
and Training (POST) Board, Private Detective Board, human services, health, civil
legal services, human rights, Guardian Ad Litem Board, Uniform Laws
Commission, Board on Judicial Standards, Board of Public Defense, Bureau of
Mediation Services, and Legislative Coordinating Commission; amending
Minnesota Statutes 2018, sections 13.599, by adding a subdivision; 13.6905, by
adding a subdivision; 13.851, by adding a subdivision; 15A.0815, subdivision 3;
62A.21, subdivision 2a; 84.7741, subdivision 13; 84.91, subdivision 1; 86B.331,
subdivision 1; 97A.221, subdivision 5; 97A.223, subdivision 6; 97A.225,
subdivision 10; 144.121, subdivision 1a, by adding a subdivision; 151.37,
subdivision 12; 152.021, subdivision 2a; 152.025, subdivisions 1, 2, 4; 152.0275;
152.18, subdivision 1; 152.21, subdivision 6; 152.32, subdivision 2; 169.92,
subdivision 4; 169.99, subdivision 1c, by adding a subdivision; 169A.03,
subdivision 18; 169A.37, subdivision 1; 169A.55, subdivision 2; 169A.60,
subdivisions 4, 5, 8; 169A.63, by adding a subdivision; 171.07, subdivision 1a;
171.16, subdivisions 2, 3; 171.18, subdivision 1; 171.20, subdivision 4; 171.26,
subdivision 1; 171.29, subdivision 1; 241.01, subdivision 3a; 241.025, subdivisions
1, 2; 241.75, subdivision 2; 242.192; 243.166, subdivisions 1a, 1b, 2, 4, 4a, 4b,
4c, 5, 6, 7, 7a, by adding a subdivision; 243.48, subdivision 1; 244.05, subdivisions
4, 5; 244.09, subdivisions 6, 8; 245C.22, by adding a subdivision; 245C.24, by
adding a subdivision; 257.56; 260B.176, by adding a subdivision; 299A.12,
subdivisions 1, 2, 3; 299A.13; 299A.14, subdivision 3; 299A.55, subdivisions 2,
4; 299A.681, subdivision 11; 299A.706; 299A.707, by adding a subdivision;
299C.091, subdivision 5; 299C.093; 299C.46, subdivision 3; 299F.857; 299N.01,
subdivisions 2, 3; 299N.02, subdivisions 1, 2, 3; 299N.03, subdivisions 4, 5, 6, by
adding a subdivision; 299N.04; 299N.05, subdivisions 1, 2, 5, 6, 7, 9; 299N.06;
340A.22, subdivision 4; 340A.304; 340A.417; 357.021, subdivisions 1a, 2, 6, 7,
by adding a subdivision; 363A.03, subdivision 43; 363A.35, subdivision 3;
363A.36, subdivisions 1, 4, by adding a subdivision; 363A.44, subdivision 1;
364.07; 403.02, by adding a subdivision; 403.03; 403.21, subdivision 7a; 403.36,
subdivisions 1, 1b, 1c, 1d; 403.37, subdivision 12; 403.382, subdivisions 1, 8;
446A.083, subdivision 2; 480.15, by adding a subdivision; 484.85; 517.02; 517.03,
subdivision 1; 517.08, subdivisions 1a, 1b, by adding a subdivision; 518.191, by
adding a subdivision; 518.195, by adding a subdivision; 518A.43, subdivision 1;
590.01, subdivision 4; 590.11, subdivisions 1, 2, 5, 7; 609.101, subdivision 5;
609.106, subdivision 2, by adding a subdivision; 609.115, by adding a subdivision;
609.135, subdivisions 1a, 1c, 2, by adding a subdivision; 609.2112, subdivision
1; 609.2113, subdivisions 1, 2, 3; 609.341, subdivisions 10, 11, 12, by adding
subdivisions; 609.342, subdivision 1; 609.343, subdivision 1; 609.344, subdivision
1; 609.345, subdivision 1; 609.3451, subdivision 1; 609.3455, subdivision 2;
609.582, subdivisions 3, 4; 609.66, subdivision 1d; 609.749, subdivisions 1, 2, 3,
5, 8; 609.762, subdivision 2; 609.856, subdivision 2; 609.895, subdivision 5;
609.908, subdivision 3; 609A.02, by adding a subdivision; 609A.025; 609B.515;
611.32, subdivision 2; 611.365, subdivisions 2, 3; 611.367; 611.368; 611A.039,
subdivision 1; 617.246, subdivisions 2, 3, 4, 7, by adding a subdivision; 617.247,
subdivisions 3, 4, 9, by adding a subdivision; 624.712, subdivision 5; 624.713,
subdivision 1; 624.7131; 624.7132; 624.714, subdivisions 1b, 7a, 17; 624.7142,
subdivision 6; 626.556, subdivision 2; 626.841; 626.93, subdivisions 3, 4; 628.26;
629.53; 629.715, subdivision 2; 631.412; 634.20; 638.02, subdivision 3; 641.15,
subdivision 3a; Laws 2009, chapter 59, article 3, section 4, subdivision 9, as
amended; Laws 2017, chapter 95, article 1, section 11, subdivision 7; article 3,
section 30; proposing coding for new law in Minnesota Statutes, chapters 3; 13;
152; 171; 241; 243; 244; 260B; 299A; 340A; 518; 609; 611A; 624; 626; 638; 641;
repealing Minnesota Statutes 2018, sections 152.027, subdivisions 3, 4; 169A.63;
299A.12, subdivision 4; 299A.18; 401.13; 609.349; 609.531, subdivisions 1, 1a,
4, 5, 5a, 6a, 7, 8; 609.5311; 609.5312; 609.5313; 609.5314; 609.5315; 609.5316;
609.5317; 609.5318; 609.5319; 609.762, subdivisions 3, 4, 5, 6; 609.905,
subdivision 3; 609B.050; 609B.100; 609B.101; 609B.102; 609B.103; 609B.104;
609B.105; 609B.106; 609B.107; 609B.108; 609B.109; 609B.110; 609B.111;
609B.112; 609B.113; 609B.120; 609B.121; 609B.122; 609B.123; 609B.124;
609B.125; 609B.126; 609B.127; 609B.128; 609B.129; 609B.130; 609B.132;
609B.133; 609B.134; 609B.135; 609B.136; 609B.139; 609B.140; 609B.141;
609B.142; 609B.143; 609B.144; 609B.146; 609B.147; 609B.148; 609B.149;
609B.1495; 609B.150; 609B.151; 609B.152; 609B.153; 609B.155; 609B.157;
609B.158; 609B.159; 609B.160; 609B.161; 609B.162; 609B.164; 609B.1641;
609B.1645; 609B.165; 609B.168; 609B.170; 609B.171; 609B.172; 609B.173;
609B.174; 609B.175; 609B.176; 609B.177; 609B.179; 609B.180; 609B.181;
609B.183; 609B.184; 609B.185; 609B.187; 609B.188; 609B.189; 609B.191;
609B.192; 609B.193; 609B.194; 609B.195; 609B.200; 609B.201; 609B.203;
609B.205; 609B.206; 609B.216; 609B.231; 609B.235; 609B.237; 609B.241;
609B.245; 609B.255; 609B.262; 609B.263; 609B.265; 609B.271; 609B.273;
609B.275; 609B.277; 609B.301; 609B.310; 609B.311; 609B.312; 609B.320;
609B.321; 609B.330; 609B.331; 609B.332; 609B.333; 609B.340; 609B.341;
609B.342; 609B.343; 609B.344; 609B.345; 609B.400; 609B.405; 609B.410;
609B.415; 609B.425; 609B.430; 609B.435; 609B.445; 609B.450; 609B.455;
609B.460; 609B.465; 609B.500; 609B.505; 609B.510; 609B.515; 609B.518;
609B.520; 609B.525; 609B.530; 609B.535; 609B.540; 609B.545; 609B.600;
609B.610; 609B.611; 609B.612; 609B.613; 609B.614; 609B.615; 609B.700;
609B.710; 609B.720; 609B.721; 609B.722; 609B.723; 609B.724; 609B.725.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
PUBLIC SAFETY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2020" and "2021" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.
"The first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The biennium"
is fiscal years 2020 and 2021. Appropriations for the fiscal year ending June 30, 2019, are
effective the day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2019 new text end |
new text begin
2020 new text end |
new text begin
2021 new text end |
||||
Sec. 2. new text begin SENTENCING GUIDELINES
|
new text begin
$ new text end |
new text begin
1,330,000 new text end |
new text begin
$ new text end |
new text begin
988,000 new text end |
||
new text begin
$651,000 the first year and $301,000 the
second year are to establish early discharge
targets. The base for this program is $223,000
beginning in fiscal year 2022.
new text end
Sec. 3. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
160,000 new text end |
new text begin
$ new text end |
new text begin
202,143,000 new text end |
new text begin
$ new text end |
new text begin
201,171,000 new text end |
|
new text begin
Appropriations by Fund new text end |
|||
|
new text begin
2019 new text end |
new text begin
2020 new text end |
new text begin
2021 new text end |
|
|
new text begin
General new text end |
new text begin
160,000 new text end |
new text begin
108,637,000 new text end |
new text begin
107,665,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
13,926,000 new text end |
new text begin
13,926,000 new text end |
|
|
new text begin
State Government Special Revenue new text end |
new text begin
103,000 new text end |
new text begin
103,000 new text end |
|
|
new text begin
Environmental new text end |
new text begin
73,000 new text end |
new text begin
73,000 new text end |
|
|
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
|
|
new text begin
911 Fund new text end |
new text begin
77,650,000 new text end |
new text begin
77,650,000 new text end |
|
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Deficiency
|
new text begin
$160,000 in fiscal year 2019 is to pay systems
costs related to license reinstatement fee
changes, driver diversion programs, and
ignition interlock.
new text end
new text begin Subd. 3. new text end
new text begin
Emergency Management
|
new text begin
5,343,000 new text end |
new text begin
5,093,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
3,745,000 new text end |
new text begin
3,495,000 new text end |
|
new text begin
Environmental new text end |
new text begin
73,000 new text end |
new text begin
73,000 new text end |
|
new text begin
Special Revenue Fund new text end |
new text begin
1,525,000 new text end |
new text begin
1,525,000 new text end |
new text begin
(a) Hazmat and Chemical Assessment
Teams
new text end
new text begin
$850,000 each year is from the fire safety
account in the special revenue fund. These
amounts must be used to fund the hazardous
materials and chemical assessment teams. Of
this amount, $100,000 the first year is for
cases for which there is no identified
responsible party.
new text end
new text begin
(b) Supplemental Nonprofit Security Grants
new text end
new text begin
$300,000 each year is for supplemental
nonprofit security grants under this paragraph.
new text end
new text begin
Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program have been approved by the Division
of Homeland Security and Emergency
Management are eligible for grants under this
paragraph. No additional application shall be
required for grants under this paragraph, and
an application for a grant from the federal
program is also an application for funding
from the state supplemental program.
new text end
new text begin
Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program.
new text end
new text begin
The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. This
program shall have a base of $150,000 in fiscal
year 2022 and $0 in fiscal year 2023.
new text end
new text begin
(c) Emergency Responder Training; Autism
Spectrum Disorder
new text end
new text begin
$250,000 the first year is for a grant or grants
to a person or entity to train emergency
responders and utilize applications for cell
phones and mobile electronic devices to
improve and de-escalate emergency
encounters and crisis situations with
individuals who have an autism spectrum
disorder or related disability, or other
nonvisible health issue, and to acquire these
applications. By February 15, 2023, the
commissioner shall report to the chairs and
ranking minority members of the senate and
house of representatives committees and
divisions having jurisdiction over criminal
justice policy and finance on how this
appropriation was spent and what results were
achieved.
new text end
new text begin
(d) Local Government Emergency
Management
new text end
new text begin
$300,000 each year is for the director of the
Homeland Security and Emergency
Management Division (HSEM) to award
grants to emergency management departments
for planning and preparedness activities
including capital purchases.
new text end
new text begin
A grant in the amount of $20,000 shall be
awarded each fiscal year to each of the
following, subject to HSEM's final approval:
new text end
new text begin
(1) 12 counties with two counties
recommended by each Homeland Security
Emergency Management Region;
new text end
new text begin
(2) two tribal governments recommended by
the Indian Affairs Council; and
new text end
new text begin
(3) one city of the first class chosen by HSEM.
new text end
new text begin
Current local funding for emergency
management and preparedness activities may
not be supplanted by these additional state
funds. These appropriations are onetime.
new text end
new text begin
(e) Bomb Squad Reimbursements
new text end
new text begin
$50,000 each year is for reimbursements to
local governments for bomb squad services.
new text end
new text begin
(f) School Safety Center
new text end
new text begin
$250,000 each year is to hire two additional
school safety specialists in the school safety
center.
new text end
new text begin
(g) Emergency Response Teams
new text end
new text begin
$675,000 each year is to maintain four
emergency response teams: one under the
jurisdiction of the St. Cloud Fire Department
or a similarly located fire department if
necessary; one under the jurisdiction of the
Duluth Fire Department; one under the
jurisdiction of the St. Paul Fire Department;
and one under the jurisdiction of the Moorhead
Fire Department. The commissioner must
allocate the appropriation as follows:
new text end
new text begin
(1) $225,000 each year to the St. Cloud Fire
Department;
new text end
new text begin
(2) $225,000 each year to the Duluth Fire
Department;
new text end
new text begin
(3) $125,000 each year to the St. Paul Fire
Department; and
new text end
new text begin
(4) $100,000 each year to the Moorhead Fire
Department.
new text end
new text begin
These are onetime appropriations.
new text end
new text begin Subd. 4. new text end
new text begin
Criminal Apprehension
|
new text begin
63,229,000 new text end |
new text begin
62,974,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
60,793,000 new text end |
new text begin
60,538,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
7,000 new text end |
new text begin
7,000 new text end |
|
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
new text begin
(a)
new text end
new text begin
DWI Lab Analysis; Trunk Highway
Fund
new text end
new text begin
Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,429,000 each year
is from the trunk highway fund for laboratory
analysis related to driving-while-impaired
cases.
new text end
|
new text begin
(b) FBI Cybersecurity Compliance new text end |
||||||
new text begin
$1,501,000 the first year and $1,325,000 the
second year are for staff and technology costs
to meet FBI cybersecurity requirements. The
base for fiscal year 2022 and thereafter is
$1,175,000.
new text end
new text begin
(c) Automated Fingerprint Identification
System
new text end
new text begin
$1,500,000 each year is to replace the current
automated fingerprint identification system
with a new leased technology system.
new text end
new text begin
(d) Equipment
new text end
new text begin
$50,000 the first year is for information and
technology to receive and store data related
to complaints made against an employed peace
officer.
new text end
new text begin
(e) Base Adjustment
new text end
new text begin
To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $131,000 in fiscal years 2022
and 2023.
new text end
new text begin Subd. 5. new text end
new text begin
Fire Marshal
|
new text begin
6,622,000 new text end |
new text begin
6,622,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
Special Revenue new text end |
new text begin
6,622,000 new text end |
new text begin
6,622,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end
new text begin
Inspections.
new text end
new text begin
$300,000 each year is for
inspection of nursing homes and boarding care
facilities.
new text end
new text begin Subd. 6. new text end
new text begin
Firefighter Training and Education
|
new text begin
5,015,000 new text end |
new text begin
5,015,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
Special Revenue new text end |
new text begin
5,015,000 new text end |
new text begin
5,015,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end
|
new text begin
(a) Firefighter Training and Education new text end |
||||||
new text begin
$4,265,000 each year is for firefighter training
and education.
new text end
new text begin
(b) Task Force 1
new text end
new text begin
$500,000 each year is for the Minnesota Task
Force 1.
new text end
new text begin
(c) Air Rescue
new text end
new text begin
$250,000 each year is for the Minnesota Air
Rescue Team.
new text end
|
new text begin
(d) Unappropriated Revenue new text end |
||||||
new text begin
Any additional unappropriated money
collected in fiscal year 2019 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end
new text begin Subd. 7. new text end
new text begin
Alcohol and Gambling Enforcement
|
new text begin
2,929,000 new text end |
new text begin
2,927,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
2,165,000 new text end |
new text begin
2,163,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
764,000 new text end |
new text begin
764,000 new text end |
new text begin
$694,000 each year is from the alcohol
enforcement account in the special revenue
fund. Of this appropriation, $500,000 each
year shall be transferred to the general fund.
new text end
new text begin
$70,000 each year is from the lawful gambling
regulation account in the special revenue fund.
new text end
new text begin
$175,000 the first year and $165,000 the
second year are for costs related to
enforcement of laws regulating out-of-state
direct wine shippers.
new text end
new text begin
To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $8,000 in fiscal years 2022 and
2023.
new text end
new text begin Subd. 8. new text end
new text begin
Office of Justice Programs
|
new text begin
41,730,000 new text end |
new text begin
41,365,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
41,634,000 new text end |
new text begin
41,269,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
96,000 new text end |
new text begin
96,000 new text end |
new text begin
To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $2,000 in fiscal years 2022 and
2023.
new text end
|
new text begin
(a) Administration Costs new text end |
||||||
new text begin
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
new text end
|
new text begin
(b) Indigenous Women Task Force new text end |
||||||
new text begin
$105,000 the first year and $45,000 the second
year are to convene a task force on the causes
and extent of victimization of indigenous
women and girls and strategies to reduce
violence. A report on policies and
recommendations to reduce and end violence
against indigenous women and girls is due to
the legislature on December 15, 2020. These
are onetime appropriations.
new text end
new text begin
(c) Domestic Abuse Prevention Grants
new text end
new text begin
$200,000 each year is for a grant to a domestic
abuse prevention program that provides
interdisciplinary, trauma-informed treatment
and evidence-informed intervention for
veterans and current or former service
members and their families affected by
domestic violence. The grantee must offer a
combination of services for perpetrators of
domestic violence and their families, including
individual and group therapy, evaluation and
research of programming, and short- and
long-term case management services to ensure
stabilization and increase their overall mental
health functioning and well-being. These
appropriations are onetime.
new text end
new text begin
(d) Criminal Sexual Conduct Statutory
Reform Working Group
new text end
new text begin
$20,000 the first year and $14,000 the second
year are to convene, administer, and
implement the criminal sexual conduct
statutory reform working group.
new text end
new text begin
(e) Legal Representation for Children
new text end
new text begin
$150,000 each year is for a grant to an
organization that provides legal representation
for children in need of protection or services
and children in out-of-home placement. The
grant is contingent upon a match in an equal
amount from nonstate funds. The match may
be in kind, including the value of volunteer
attorney time, or in cash, or a combination of
the two. These appropriations are onetime.
new text end
new text begin
(f) Youth Intervention Programs
new text end
new text begin
$500,000 each year is for youth intervention
programs under Minnesota Statutes, section
299A.73. One-half of the money is for
community-based youth intervention programs
that work with African American and African
immigrant youth.
new text end
new text begin
These appropriations are onetime.
new text end
new text begin
(g) Domestic Abuse Transformation
Programs
new text end
new text begin
$783,000 each year is for grants to domestic
abuse transformation programs that
demonstrate meaningful and effective
programming to reduce and eliminate domestic
abuse within intimate partner relationships.
The requirements for grant recipients shall be
developed by the Office of Justice Programs
in consultation with stakeholders impacted by
domestic abuse and working to end domestic
abuse. The base in fiscal year 2022 is $0.
new text end
new text begin
(h) Peace Officer Community Policing
Excellence Report Database
new text end
new text begin
(1) $200,000 the first year is for a grant to a
qualified community-based research
organization to develop a system to classify
and report peace officer discipline by category,
severity, type, demographic data of those
involved in the incident, and any other factor
determined to be appropriate by the Peace
Officers Standards and Training Board. As
part of the system, the grant recipient must
develop and incorporate:
new text end
new text begin
(i) a protocol to assign a unique identifier for
each peace officer;
new text end
new text begin
(ii) safeguards to protect personal identifying
information of peace officers; and
new text end
new text begin
(iii) guidelines for data retention and user audit
trails.
new text end
new text begin
(2) The grant recipient, in consultation with
the stakeholder group identified in clause (3),
may recommend changes on how to adapt the
system under clause (1) to collect additional
policing data that corresponds with peace
officer interactions with the public generally
and suspects, arrests, and victims specifically.
new text end
new text begin
(3) In developing the system described in
clause (1), the grant recipient shall consult
with:
new text end
new text begin
(i) the superintendent of the Bureau of
Criminal Apprehension;
new text end
new text begin
(ii) the Peace Officer Standards and Training
Board;
new text end
new text begin
(iii) the Minnesota Police and Peace Officers
Association;
new text end
new text begin
(iv) the Minnesota Sheriff's Association;
new text end
new text begin
(v) the Minnesota Chiefs of Police
Association; and
new text end
new text begin
(vi) six community members appointed by the
commissioner of public safety, of which:
new text end
new text begin
(A) at least two members must be from
communities represented by boards established
under section 257.0768;
new text end
new text begin
(B) at least two members must be mental
health advocates; and
new text end
new text begin
(C) at least two members must be advocates
for domestic abuse victims.
new text end
new text begin
(4) The grant recipient and citizens must be
permitted ongoing direct access to the data
maintained in the system. Access to the data
under this clause must be strictly regulated
and monitored to ensure compliance with the
data privacy classifications assigned to the
data.
new text end
new text begin
(i) Sex Trafficking Investigations
Coordinator
new text end
new text begin
$100,000 each year is for a statewide Sex
Trafficking Investigations Coordinator.
new text end
new text begin
(j) Cannabis Task Force
new text end
new text begin
$100,000 the first year is to provide support
staff, office space, and administrative services
for the Cannabis Task Force.
new text end
new text begin
(k) Safe and Secure Storage of Firearms
new text end
new text begin
$100,000 each year is for grants to local or
state law enforcement agencies to support the
safe and secure storage of firearms.
new text end
new text begin
(l) Community Policing Database
Maintenance
new text end
new text begin
$50,000 the second year is for the Bureau of
Criminal Apprehension to maintain the
community policing database. Any unused
amount remaining in the account on June 1 is
for a grant to a community-based research
organization to maintain and update software
to monitor peace officer discipline.
new text end
new text begin Subd. 9. new text end
new text begin
Emergency Communication Networks
|
new text begin
77,750,000 new text end |
new text begin
77,750,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
77,650,000 new text end |
new text begin
77,650,000 new text end |
new text begin
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end
new text begin
This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs will be
incorporated into the service level agreement
and will be paid to the Office of MN.IT
Services by the Department of Public Safety
under the rates and mechanism specified in
that agreement.
new text end
|
new text begin
(a) Public Safety Answering Points new text end |
||||||
new text begin
$13,664,000 each year is to be distributed as
provided in Minnesota Statutes, section
403.113, subdivision 2.
new text end
|
new text begin
(b) Medical Resource Communication Centers new text end |
||||||
new text begin
$683,000 each year is for grants to the
Minnesota Emergency Medical Services
Regulatory Board for the Metro East and
Metro West Medical Resource
Communication Centers that were in operation
before January 1, 2000.
new text end
new text begin
(c) Medical Resource Control Centers
new text end
new text begin
$100,000 the first year and $100,000 the
second year are appropriated from the general
fund to the commissioner of public safety for
grants to the Minnesota Emergency Medical
Services Regulatory Board for the East Metro
and West Metro Medical Resource Control
Centers that were in operation before January
1, 2000. These appropriations are onetime.
new text end
|
new text begin
(d) ARMER Debt Service new text end |
||||||
new text begin
$23,261,000 each year is transferred to the
commissioner of management and budget to
pay debt service on revenue bonds issued
under Minnesota Statutes, section 403.275.
new text end
new text begin
Any portion of this appropriation not needed
to pay debt service in a fiscal year may be used
by the commissioner of public safety to pay
cash for any of the capital improvements for
which bond proceeds were appropriated by
Laws 2005, chapter 136, article 1, section 9,
subdivision 8; or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.
new text end
new text begin
(e) ARMER State Backbone Operating
Costs
new text end
new text begin
$9,675,000 each year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end
new text begin
(f) ARMER Improvements
new text end
new text begin
$1,000,000 each year is to the Statewide
Emergency Communications Board for
improvements to those elements of the
statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide interim enhancement of
public safety communication interoperability
in those areas of the state where the statewide
public safety radio and communication system
is not yet implemented, and grants to local
units of government to further the strategic
goals set forth by the Statewide Emergency
Communications Board strategic plan.
new text end
new text begin
(g) Telephone Cardiopulmonary
Resuscitation Program
new text end
new text begin
$50,000 the first year is appropriated from the
general fund for grants to reimburse public
safety answering points for the cost of 911
telecommunicator cardiopulmonary
resuscitation training. This is a onetime
appropriation.
new text end
new text begin Subd. 10. new text end
new text begin
Traffic Safety
|
new text begin
200,000 new text end |
new text begin
100,000 new text end |
||||
new text begin
$200,000 the first year and $100,000 the
second year are for a study to report on the
use of screening tests that measure the level
of marijuana or tetrahydrocannabinols in the
blood of a person stopped or arrested for
driving while impaired.
new text end
Sec. 4. new text begin PEACE OFFICER STANDARDS AND
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
$ new text end |
new text begin
10,563,000 new text end |
new text begin
$ new text end |
new text begin
10,316,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Deficiency
|
||||||
new text begin
$500,000 in fiscal year 2019 is from the
general fund to pay for a projected deficiency
in operating expenses.
new text end
new text begin Subd. 3. new text end
new text begin
Peace Officer Training Reimbursements
|
||||||
new text begin
$2,859,000 each year is for reimbursements
to local governments for peace officer training
costs.
new text end
new text begin Subd. 4. new text end
new text begin
Peace Officer Training Assistance
|
||||||
new text begin
(a) $6,000,000 the first year is from the
general fund to the Peace Officer Standards
and Training Board for grants to support and
strengthen law enforcement training and
implement best practices. After January 2,
2021, these funds may only be used to
reimburse training expenses for peace officers
who are employed by law enforcement
agencies that the superintendent of the Bureau
of Criminal Apprehension has certified are:
new text end
new text begin
(1) compliant with the Federal Bureau of
Investigation's National Incident-Based Report
System (NIBRS), which requires recording
the age, sex, and race of the arrestee and the
relationship of the arrestee and victim if this
information is known to the officer;
new text end
new text begin
(2) in compliance with the peace officer
discipline reporting requirements established
in Minnesota Statutes, section 626.8435;
new text end
new text begin
(3) in compliance with the Bureau of Criminal
Apprehension's use of force data collection
policy to include reporting whether the
incident was officer generated or in response
to a call for assistance; and
new text end
new text begin
(4) in compliance with the report required by
Minnesota Statutes, sections 299C.22,
subdivision 2, and 626.553, subdivision 2.
This report includes the Federal Bureau of
Investigation's use of force data collection and
whether the incident was officer generated or
in response to a request for service.
new text end
new text begin
The base for this activity is $6,000,000 in
fiscal years 2020, 2021, 2022, and 2023 and
$0 in fiscal year 2024 and thereafter.
new text end
new text begin
(b) The superintendent of the Bureau of
Criminal Apprehension may grant up to one
additional year for an agency to become
substantially compliant with NIBRS if the
agency establishes good cause for delayed
compliance.
new text end
new text begin
(c) The superintendent of the Bureau of
Criminal Apprehension shall modify the
Supplemental Reporting System on the agency
submissions page to provide fields for
agencies to report the data required under
paragraph (a), clause (3).
new text end
new text begin Subd. 5. new text end
new text begin
De-escalation Training
|
||||||
new text begin
$100,000 each year is for training state and
local community safety personnel in the use
of crisis de-escalation techniques. When
selecting a service provider for this training,
the board may consult with any postsecondary
institution, any state or local government
official, or any nongovernment authority the
board determines to be relevant. Among any
other criteria the board may establish, the
training provider must have a demonstrated
understanding of the transitions and challenges
that veterans may experience during their
re-entry into society following combat service.
The board must ensure that training
opportunities provided are reasonably
distributed statewide.
new text end
new text begin Subd. 6. new text end
new text begin
Peace Officer Excellence Task Force
|
||||||
new text begin
$250,000 the first year is to provide support
staff, office space, and administrative services
for the Peace Officer Excellence Task Force.
new text end
Sec. 5. new text begin PRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
277,000 new text end |
new text begin
$ new text end |
new text begin
277,000 new text end |
||
Sec. 6. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
633,129,000 new text end |
new text begin
$ new text end |
new text begin
655,572,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Correctional Institutions
|
new text begin
460,026,000 new text end |
new text begin
475,654,000 new text end |
||||
new text begin
(a) Base Adjustment
new text end
new text begin
To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the base is increased by
$2,342,000 in fiscal year 2022 and $2,342,000
in fiscal year 2023.
new text end
new text begin
(b) Prison Population
new text end
new text begin
To account for projected prison population
changes, the base is increased by $1,910,000
in fiscal year 2022 and $3,641,000 in fiscal
year 2023.
new text end
new text begin
(c)
new text end
new text begin
Facility Staff Positions
new text end
new text begin
$2,518,000 the first year and $5,980,000 the
second year are to add up to 110 full-time
equivalent positions for correctional officers
and six full-time equivalent positions for
corrections lieutenants located in correctional
facilities by fiscal year 2023. The base is
increased to $7,707,000 in fiscal year 2022
and $8,418,000 in fiscal year 2023.
new text end
new text begin
(d) Staffing Recruitment and Retention
new text end
new text begin
$4,000,000 each year is for staffing
recruitment and retention.
new text end
new text begin
(e)
new text end
new text begin
Offender Health Care
new text end
new text begin
$2,072,000 the first year and $3,272,000 the
second year are to maintain full funding of the
offender health care contract.
new text end
new text begin
(f)
new text end
new text begin
Security
new text end
new text begin
$5,250,000 the first year and $3,935,000 the
second year are to upgrade critical security
infrastructure and modernize critical security
systems. Of the second year amount,
$3,335,000 is onetime funding.
new text end
new text begin
(g)
new text end
new text begin
Safety and Security Staff
new text end
new text begin
$891,000 the first year and $1,426,000 the
second year are to add full-time equivalent
positions deemed critical to facility safety and
security.
new text end
new text begin
(h) Office of Ombudsperson for Corrections
new text end
new text begin
$900,000 each year is to reestablish and
operate the Office of Ombudsperson for
Corrections.
new text end
new text begin
(i)
new text end
new text begin
Restrictive Housing Reform
new text end
new text begin
$844,000 the first year and $1,688,000 the
second year are to implement restrictive
housing reforms that will reduce the risk of
future misconduct and comply with federal
guidelines and accreditation standards.
new text end
new text begin
(j)
new text end
new text begin
Offender Medical Services
new text end
new text begin
$879,000 the first year and $2,160,000 the
second year are to expand and improve
offender medical services.
new text end
new text begin
(k)
new text end
new text begin
Juvenile Correction Management
new text end
new text begin
$544,000 the first year and $206,000 the
second year are to replace the Juvenile
Correctional Management System. These are
onetime appropriations.
new text end
new text begin Subd. 3. new text end
new text begin
Community Services
|
new text begin
141,145,000 new text end |
new text begin
146,459,000 new text end |
||||
new text begin
(a)
new text end
new text begin
Base Adjustment
new text end
new text begin
To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the base is increased by
$168,000 in fiscal year 2022 and $168,000 in
fiscal year 2023.
new text end
new text begin
(b)
new text end
new text begin
Pretrial Services and Supervision
new text end
new text begin
$617,000 the first year and $1,234,000 the
second year are to provide pretrial services
and pretrial supervision to offenders.
new text end
new text begin
(c)
new text end
new text begin
Community Corrections Act Subsidy
new text end
new text begin
$1,044,000 the first year and $2,088,000 the
second year are added to the Community
Corrections Act subsidy, as described in
Minnesota Statutes, section 401.14, to provide
pretrial services and pretrial supervision to
offenders.
new text end
new text begin
$1,588,000 the first year and $3,176,000 the
second year are added to the Community
Corrections Act subsidy, as described in
Minnesota Statutes, section 401.14, to provide
intensive supervised release to offenders in
the community.
new text end
new text begin
(d)
new text end
new text begin
County Probation Officers
new text end
new text begin
$64,000 the first year and $128,000 the second
year are for county probation officers
reimbursement as described in Minnesota
Statutes, section 244.19, subdivision 6, to
provide pretrial services and pretrial
supervision to offenders.
new text end
new text begin
(e)
new text end
new text begin
Intensive Supervision Agents
new text end
new text begin
$912,000 the first year and $1,824,000 the
second year are to increase the number of
supervision agents for offenders on intensive
supervised release through the Department of
Corrections.
new text end
new text begin
(f)
new text end
new text begin
Integrated Offender Case Management
Services
new text end
new text begin
$321,000 the first year and $831,000 the
second year are to expand and improve
integrated offender case management services.
$193,000 is added to the base in each of fiscal
years 2022 and 2023.
new text end
new text begin
(g)
new text end
new text begin
Victim Notification System Replacement
new text end
new text begin
$300,000 the first year and $100,000 the
second year are to complete the replacement
of the Department of Corrections' Victim
Notification System. These appropriations are
onetime.
new text end
new text begin
(h)
new text end
new text begin
High-Risk Offenders
new text end
new text begin
$1,500,000 each year is to provide electronic
monitoring services and transitional housing
for high-risk offenders under supervision by
the Department of Corrections.
new text end
new text begin
(i)
new text end
new text begin
Transportation Services to Children of
Incarcerated Parents
new text end
new text begin
$150,000 each year is for grants to nonprofit
organizations to provide transportation
services to children of incarcerated parents at
up to three correctional facilities.
new text end
new text begin
(j) Culturally Specific Reintegration
Services for Adult American Indian
Offenders
new text end
new text begin
$425,000 each year is for grants to
community-based providers to deliver
culturally specific reintegration services for
adult American Indian offenders.
new text end
new text begin
(k) Parenting Skills
new text end
new text begin
$425,000 each year is to improve parenting
skills at four correctional facilities.
new text end
new text begin
(l) Juvenile Justice Reform
new text end
new text begin
(1) $280,000 each year is to provide juvenile
justice services and resources to Minnesota
counties.
new text end
new text begin
(2) $220,000 each year is for grants to local
agencies to establish juvenile detention
alternatives.
new text end
new text begin
(m) Alternatives to Incarceration
new text end
new text begin
$240,000 each year is for grants to counties
that are not metropolitan counties as defined
in Minnesota Statutes, section 473.121,
subdivision 4, to facilitate access to
community treatment options under the
alternatives to incarceration program. These
appropriations are onetime.
new text end
new text begin
(n) Mental Health Community Supervision
new text end
new text begin
$400,000 each year is to award grants to two
or more counties for establishment of a mental
health community supervision caseload pilot
project. These appropriations are onetime.
new text end
new text begin
(o) Exit from Supervised Release
new text end
new text begin
$200,000 each year is for grants to government
agencies that supervise offenders placed on
probation to be used to connect offenders with
community treatment options including, but
not limited to, inpatient chemical dependency
treatment for the purpose of addressing and
correcting behavior that is, or is likely to result
in, a violation of the terms and conditions of
probation. Each fiscal year, these funds are
available only to entities outside the
seven-county metropolitan area until March
15. After March 15, entities inside the
seven-county metropolitan area also may apply
for grants. These appropriations are onetime.
new text end
new text begin Subd. 4. new text end
new text begin
Operations Support
|
new text begin
31,958,000 new text end |
new text begin
33,459,000 new text end |
||||
new text begin
(a)
new text end
new text begin
Base Adjustment
new text end
new text begin
To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the base is increased by
$64,000 in fiscal year 2022 and $64,000 in
fiscal year 2023.
new text end
new text begin
(b)
new text end
new text begin
Critical Technology Needs
new text end
new text begin
$3,100,000 the first year and $4,300,000 the
second year are to support critical technology
needs.
new text end
new text begin
(c)
new text end
new text begin
Staff Recruiting
new text end
new text begin
$160,000 each year is to fund positions
responsible for recruiting staff to work for the
Department of Corrections.
new text end
Sec. 7. new text begin PUBLIC DEFENSE BOARD
|
new text begin
$ new text end |
new text begin
164,000 new text end |
new text begin
$ new text end |
new text begin
204,000 new text end |
||
new text begin
$164,000 the first year and $204,000 the
second year are for additional staffing
necessitated by changes to criminal vehicular
homicide and criminal vehicular operation
offenses.
new text end
Sec. 8. new text begin DISTRICT COURT
|
new text begin
$ new text end |
new text begin
259,000 new text end |
new text begin
$ new text end |
new text begin
379,000 new text end |
||
new text begin
$259,000 the first year and $379,000 the
second year are for costs related to petitions
for an order of relief from one or more
collateral sanctions.
new text end
Sec. 9. new text begin DEPARTMENT OF HUMAN
|
new text begin
$ new text end |
new text begin
404,000 new text end |
new text begin
$ new text end |
new text begin
461,000 new text end |
||
new text begin
$404,000 the first year and $461,000 the
second year are for costs related to petitions
for an order of relief from one or more
collateral sanctions.
new text end
Sec. 10.
Laws 2017, chapter 95, article 1, section 11, subdivision 7, is amended to read:
Subd. 7.Office of Justice Programs
|
39,580,000 |
40,036,000 |
||||
| Appropriations by Fund |
||
| General |
39,484,000 |
39,940,000 |
| State Government Special Revenue |
96,000 |
96,000 |
| (a) OJP Administration Costs |
||||||
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
| (b) Combating Terrorism Recruitment |
||||||
$250,000 each year is for grants to local law
enforcement agencies to develop strategies
and make efforts to combat the recruitment of
Minnesota residents by terrorist organizations
such as ISIS and al-Shabaab. This is a onetime
appropriation.
| (c) Sex Trafficking Prevention Grants |
||||||
$180,000 each year is for grants to state and
local units of government for the following
purposes:
(1) to support new or existing
multijurisdictional entities to investigate sex
trafficking crimes; and
(2) to provide technical assistance, including
training and case consultation, to law
enforcement agencies statewide.
| (d) Pathway to Policing Reimbursement Grants |
||||||
$400,000 the second year is for reimbursement
grants to local units of government that operate
pathway to policing programs intended to
bring persons with nontraditional backgrounds
into law enforcement. Applicants for
reimbursement grants may receive up to 50
percent of the cost of compensating and
training pathway to policing participants.
Reimbursement grants shall be proportionally
allocated based on the number of grant
applications approved by the commissioner.new text begin
This is a onetime appropriation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11. new text begin TRANSFER.
new text end
new text begin
$453,000 in fiscal year 2020 and $474,000 in fiscal year 2021 and annually thereafter
are appropriated to the commissioner of management and budget for transfer to the driver
services account in the special revenue fund.
new text end
Sec. 12. new text begin INTERPRETATION.
new text end
new text begin
If an appropriation in this act is enacted more than once in the 2019 regular legislative
session, the appropriation must be given effect only once.
new text end
ARTICLE 2
PUBLIC SAFETY
Section 1.
Minnesota Statutes 2018, section 13.6905, is amended by adding a subdivision
to read:
new text begin Subd. 36. new text end
new text begin Direct wine shipments. new text end
new text begin
Data obtained and shared by the commissioner of
public safety relating to direct shipments of wine are governed by sections 340A.550 and
340A.555.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2018, section 299A.55, subdivision 2, is amended to read:
Subd. 2.
Railroad and pipeline safety account.
(a) A railroad and pipeline safety
account is created in the special revenue fund. The account consists of funds collected under
subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
(b) deleted text begin $104,000deleted text end new text begin $250,000new text end is annually appropriated from the railroad and pipeline safety
account to the commissioner of the Pollution Control Agency for environmental protection
activities related to railroad discharge preparedness under chapter 115E.
deleted text begin
(c) $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
the railroad and pipeline safety account to the commissioner of transportation for improving
safety at railroad grade crossings.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end Following the appropriation in deleted text begin paragraphsdeleted text end new text begin paragraphnew text end (b) deleted text begin and (c)deleted text end , the remaining
money in the account is annually appropriated to the commissioner of public safety for the
purposes specified in subdivision 3.
Sec. 3.
Minnesota Statutes 2018, section 299A.55, subdivision 4, is amended to read:
Subd. 4.
Assessments.
(a) The commissioner of public safety shall annually assess
$2,500,000 to railroad and pipeline companies based on the formula specified in paragraph
(b). The commissioner shall deposit funds collected under this subdivision in the railroad
and pipeline safety account under subdivision 2.
(b) The assessment for each railroad is 50 percent of the total annual assessment amount,
divided in equal proportion between applicable rail carriers based on route miles operated
in Minnesota. The assessment for each pipeline company is 50 percent of the total annual
assessment amount, divided in equal proportion between companies based on the yearly
aggregate gallons of oil and hazardous substance transported by pipeline in Minnesota.
deleted text begin
(c) The assessments under this subdivision expire July 1, 2017.
deleted text end
Sec. 4.
Minnesota Statutes 2018, section 299A.706, is amended to read:
299A.706 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
An alcohol enforcement account is created in the special revenue fund, consisting of
money credited to the account by law. Money in the account may be appropriated by law
for (1) costs of the Alcohol and Gambling Division related to administration and enforcement
of sections 340A.403, subdivision 4; 340A.414, subdivision 1a; deleted text begin anddeleted text end 340A.504, subdivision
7; new text begin and 340A.550, subdivisions 2, 4, 5, and 6; new text end and (2) costs of the State Patrol.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 5.
Minnesota Statutes 2018, section 299A.707, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Annual transfer. new text end
new text begin
In fiscal year 2019 and each year thereafter, the commissioner
of management and budget shall transfer $461,000 from the general fund to the community
justice reinvestment account.
new text end
Sec. 6.
new text begin
[299A.783] STATEWIDE SEX TRAFFICKING INVESTIGATION
COORDINATOR.
new text end
new text begin Subdivision 1. new text end
new text begin Sex trafficking investigation coordinator. new text end
new text begin
The commissioner of public
safety must appoint a statewide sex trafficking investigation coordinator who shall work in
the Office of Justice Programs. The coordinator must be a current or former law enforcement
officer or prosecutor with experience investigating or prosecuting trafficking-related offenses.
The coordinator must also have knowledge of services available to victims of sex trafficking
and Minnesota's child protection system. The coordinator serves at the pleasure of the
commissioner in the unclassified service.
new text end
new text begin Subd. 2. new text end
new text begin Coordinator's responsibilities. new text end
new text begin
The coordinator shall have the following duties:
new text end
new text begin
(1) develop, coordinate, and facilitate training for law enforcement officers, prosecutors,
courts, child protection workers, social service providers, medical providers, and other
community members;
new text end
new text begin
(2) establish standards for approved training and review compliance with those standards;
new text end
new text begin
(3) coordinate and monitor multijurisdictional sex trafficking task forces;
new text end
new text begin
(4) review, develop, promote, and monitor compliance with investigative protocols to
assure that law enforcement officers and prosecutors engage in best practices;
new text end
new text begin
(5) provide technical assistance and advice related to the investigation and prosecution
of trafficking offenses and the treatment of victims;
new text end
new text begin
(6) promote the efficient use of resources by addressing issues of deconfliction, providing
advice regarding questions of jurisdiction, and promoting the sharing of data between entities
investigating and prosecuting trafficking offenses;
new text end
new text begin
(7) assist in the appropriate distribution of grants; and
new text end
new text begin
(8) perform other duties necessary to ensure effective and efficient investigation and
prosecution of trafficking-related offenses.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 7.
Minnesota Statutes 2018, section 299C.46, subdivision 3, is amended to read:
Subd. 3.
Authorized use, fee.
(a) The criminal justice data communications network
shall be used exclusively by:
(1) criminal justice agencies in connection with the performance of duties required by
law;
(2) agencies investigating federal security clearances of individuals for assignment or
retention in federal employment with duties related to national security, as required by
United States Code, title 5, section 9101;
(3) other agencies to the extent necessary to provide for protection of the public or
property in a declared emergency or disaster situation;
(4) noncriminal justice agencies statutorily mandated, by state or national law, to conduct
checks into state databases prior to disbursing licenses or providing benefits;
(5) the public authority responsible for child support enforcement in connection with
the performance of its duties;
(6) the public defender, as provided in section 611.272;
(7) a county attorney or the attorney general, as the county attorney's designee, for the
purpose of determining whether a petition for the civil commitment of a proposed patient
as a sexual psychopathic personality or as a sexually dangerous person should be filed, and
during the pendency of the commitment proceedings;
(8) an agency of the state or a political subdivision whose access to systems or services
provided from or through the bureau is specifically authorized by federal law or regulation
or state statute; and
(9) a court for access to data as authorized by federal law or regulation or state statute
and related to the disposition of a pending case.
(b) The commissioner of public safety shall establish a monthly network access charge
to be paid by each participating criminal justice agency. The network access charge shall
be a standard fee established for each terminal, computer, or other equipment directly
addressable by the data communications network, as follows: January 1, 1984 to December
31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50 connect fee per
month.
(c) The commissioner of public safety is authorized to arrange for the connection of the
data communications network with the criminal justice information system of the federal
government, any state, or country for the secure exchange of information for any of the
purposes authorized in paragraph (a), clauses (1), (2), (3), (8) and (9).
(d) Prior to establishing a secure connection, a criminal justice agency that is not part
of the Minnesota judicial branch must:
(1) agree to comply with all applicable policies governing access to, submission of or
use of the data and Minnesota law governing the classification of the data;
(2) meet the bureau's security requirements;
(3) agree to pay any required fees; and
(4) conduct fingerprint-based state and national background checks on its employees
and contractors as required by the Federal Bureau of Investigation.
(e) Prior to establishing a secure connection, a criminal justice agency that is part of the
Minnesota judicial branch must:
(1) agree to comply with all applicable policies governing access to, submission of or
use of the data and Minnesota law governing the classification of the data to the extent
applicable and with the Rules of Public Access to Records of the Judicial Branch promulgated
by the Minnesota Supreme Court;
(2) meet the bureau's security requirements;
(3) agree to pay any required fees; and
(4) conduct fingerprint-based state and national background checks on its employees
and contractors as required by the Federal Bureau of Investigation.
(f) Prior to establishing a secure connection, a noncriminal justice agency must:
(1) agree to comply with all applicable policies governing access to, submission of or
use of the data and Minnesota law governing the classification of the data;
(2) meet the bureau's security requirements;
(3) agree to pay any required fees; and
(4) conduct fingerprint-based state and national background checks on its employees
and contractors.
(g) Those noncriminal justice agencies that do not have a secure network connection
yet receive data either retrieved over the secure network by an authorized criminal justice
agency or as a result of a state or federal criminal history records check shall conduct a
background check as provided in paragraph (h) of those individuals who receive and review
the data to determine another individual's eligibility for employment, housing, a license, or
another legal right dependent on a statutorily mandated background checknew text begin and on any
contractor with access to the results of a federal criminal history records checknew text end .
(h) The background check required by paragraph (f) or (g) is accomplished by submitting
a request to the superintendent of the Bureau of Criminal Apprehension that includes a
signed, written consent for the Minnesota and national criminal history records check,
fingerprints, and the required fee. The superintendent may exchange the fingerprints with
the Federal Bureau of Investigation for purposes of obtaining the individual's national
criminal history record information.
The superintendent shall return the results of the national criminal history records check to
the noncriminal justice agency to determine if the individual is qualified to have access to
state and federal criminal history record information or the secure network. An individual
is disqualified when the state and federal criminal history record information show any of
the disqualifiers that the individual will apply to the records of others.
When the individual is to have access to the secure network, the noncriminal justice agency
shall review the criminal history of each employee or contractor with the Criminal Justice
Information Services systems officer at the bureau, or the officer's designee, to determine
if the employee or contractor qualifies for access to the secure network. The Criminal Justice
Information Services systems officer or the designee shall make the access determination
based on Federal Bureau of Investigation policy and Bureau of Criminal Apprehension
policy.
Sec. 8.
Minnesota Statutes 2018, section 299F.857, is amended to read:
299F.857 REDUCED CIGARETTE IGNITION PROPENSITY ACCOUNT.
The reduced cigarette ignition propensity account is established in the state treasury.
The account consists of all money recovered as penalties under section 299F.854 and fees
collected under section 299F.852, subdivision 5. The money must be deposited to the credit
of the account and, in addition to any other money made available for such purpose, is
appropriated to the state fire marshal for costs associated withnew text begin the development and
presentation of fire and life safety education programs throughout Minnesota, and all costs
associated withnew text end sections 299F.850 to 299F.859.
Sec. 9.
Minnesota Statutes 2018, section 340A.22, subdivision 4, is amended to read:
Subd. 4.
Off-sale license.
A microdistillery may be issued a license by the local licensing
authority for off-sale of distilled spiritsnew text begin , with the approval of the commissionernew text end . The license
may allow the sale of one 375 milliliter bottle per customer per day of product manufactured
on site, subject to the following requirements:
(1) off-sale hours of sale must conform to hours of sale for retail off-sale licensees in
the licensing municipality; and
(2) no brand may be sold at the microdistillery unless it is also available for distribution
by wholesalers.
Sec. 10.
Minnesota Statutes 2018, section 340A.304, is amended to read:
340A.304 LICENSE SUSPENSION AND REVOCATION.
The commissioner shall revoke, or suspend for up to 60 days, a license issued under
section 340A.301 deleted text begin ordeleted text end new text begin ,new text end 340A.302,new text begin or 340A.550,new text end or impose a fine of up to $2,000 for each
violation, on a finding that the licensee has violated a state law or rule of the commissioner
relating to the possession, sale, transportation, or importation of alcoholic beverages. A
license revocation or suspension under this section is a contested case under sections 14.57
to 14.69 of the Administrative Procedure Act.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 11.
Minnesota Statutes 2018, section 340A.417, is amended to read:
340A.417 SHIPMENTS INTO MINNESOTA.
(a) Notwithstanding section 297G.07, subdivision 2, or any provision of this chapternew text begin
except for section 340A.550new text end , a winery licensed in a state other than Minnesota, or a winery
located in Minnesota, may ship, for personal use and not for resale, not more than deleted text begin two casesdeleted text end new text begin
12 casesnew text end of wine, containing a maximum of nine liters per case, in any calendar year to any
resident of Minnesota age 21 or over. deleted text begin Delivery of a shipment under this section may not be
deemed a sale in this state.
deleted text end
(b) The shipping container of any wine sent under this section must be clearly marked
"Alcoholic Beverages: adult signature (over 21 years of age) required."
(c) It is not the intent of this section to impair the distribution of wine through distributors
or importing distributors, but only to permit shipments of wine for personal use.
(d) new text begin Except for a violation of section 295.75 or chapters 297A and 297G, new text end no criminal
penalty may be imposed on a person for a violation of this sectionnew text begin or section 340A.550new text end
other than a violation described in paragraph (e) or (f). Whenever it appears to the
commissioner that any person has engaged in any act or practice constituting a violation of
this sectiondeleted text begin ,deleted text end new text begin or section 340A.550new text end and the violation is not within two years of any previous
violation of this section, the commissioner shall issue and cause to be served upon the person
an order requiring the person to cease and desist from violating this section. The order must
give reasonable notice of the rights of the person to request a hearing and must state the
reason for the entry of the order. Unless otherwise agreed between the parties, a hearing
shall be held not later than deleted text begin sevendeleted text end new text begin 20new text end days after the request for the hearing is received by the
commissioner after which and within 20 days after the receipt of the administrative law
judge's report and subsequent exceptions and argument, the commissioner shall issue an
order vacating the cease and desist order, modifying it, or making it permanent as the facts
require. If no hearing is requested within 30 days of the service of the order, the order
becomes final and remains in effect until modified or vacated by the commissioner. All
hearings shall be conducted in accordance with the provisions of chapter 14. If the person
to whom a cease and desist order is issued fails to appear at the hearing after being duly
notified, the person shall be deemed in default, and the proceeding may be determined
against the person upon consideration of the cease and desist order, the allegations of which
may be deemed to be true.
(e) Any person who violates this sectionnew text begin or section 340A.550new text end within two years of a
violation for which a cease and desist order was issued under paragraph (d), is guilty of a
misdemeanor.
(f) Any person who commits a third or subsequent violation of this sectionnew text begin or section
340A.550new text end within any subsequent two-year period is guilty of a gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 12.
new text begin
[340A.550] DIRECT SHIPMENTS OF WINE; LICENSING, TAXATION,
AND RESTRICTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) "Direct ship purchaser" means a person who purchases
wine for personal use and not for resale from a winery located in a state other than Minnesota
for delivery to a Minnesota address.
new text end
new text begin
(b) "Direct ship winery" means a winery licensed in a state other than Minnesota that
manufactures and makes a retail sale of wine and ships the wine to a direct ship purchaser
as authorized under section 340A.417.
new text end
new text begin Subd. 2. new text end
new text begin License requirements. new text end
new text begin
(a) A direct ship winery must apply to the commissioner
for a direct ship license. The commissioner must not issue a license under this section unless
the applicant:
new text end
new text begin
(1) is a licensed winery in a state other than Minnesota and provides a copy of its current
license in any state in which it is licensed to manufacture wine;
new text end
new text begin
(2) provides a shipping address list, including all addresses from which it intends to ship
wine;
new text end
new text begin
(3) agrees to comply with the requirements of subdivision 4; and
new text end
new text begin
(4) consents to the jurisdiction of the Departments of Public Safety and Revenue, the
courts of this state, and any statute, law, or rule in this state related to the administration or
enforcement of this section, including any provision authorizing the commissioners of public
safety and revenue to audit a direct ship winery for compliance with this and any related
section.
new text end
new text begin
(b) A direct ship winery obtaining a license under this section must annually renew its
license by January 1 of each year and must inform the commissioner at the time of renewal
of any changes to the information previously provided in paragraph (a).
new text end
new text begin
(c) The application fee for a license is $170. The fee for a license renewal is $170. The
commissioner must deposit all fees received under this subdivision in the alcohol enforcement
account in the special revenue fund established under section 299A.706.
new text end
new text begin Subd. 3. new text end
new text begin Direct ship wineries; restrictions. new text end
new text begin
(a) A direct ship winery may only ship
wine from an address provided to the commissioner as required in subdivision 2, paragraph
(a), clause (2), or through a third-party provider whose name and address the licensee
provided to the commissioner in its application for a license.
new text end
new text begin
(b) A direct ship winery or its third-party provider may only ship wine from the direct
ship winery's own production.
new text end
new text begin Subd. 4. new text end
new text begin Taxation. new text end
new text begin
A direct ship winery must:
new text end
new text begin
(1) collect and remit the liquor gross receipts tax as required in section 295.75;
new text end
new text begin
(2) apply for a permit as required in section 297A.83 and collect and remit the sales and
use tax imposed as required in chapter 297A;
new text end
new text begin
(3) remit the tax as required in chapter 297G; and
new text end
new text begin
(4) provide a statement to the commissioner, on a form prescribed by the commissioner,
detailing each shipment of wine made to a resident of this state and any other information
required by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Private or nonpublic data; classification and sharing. new text end
new text begin
(a) Data collected,
created, or maintained by the commissioner as required under this section are classified as
private data on individuals or nonpublic data, as defined in section 13.02, subdivisions 9
and 12.
new text end
new text begin
(b) The commissioner must share data classified as private or nonpublic under this
section with the commissioner of revenue for purposes of administering section 295.75 and
chapters 289A, 297A, and 297G.
new text end
new text begin Subd. 6. new text end
new text begin Enforcement; penalties. new text end
new text begin
Section 340A.417, paragraphs (d) to (f), apply to this
section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 13.
new text begin
[340A.555] COMMON CARRIER REGULATIONS FOR DIRECT
SHIPMENTS OF WINE.
new text end
new text begin Subdivision 1. new text end
new text begin Monthly report required. new text end
new text begin
Each common carrier that contracts with a
winery under section 340A.417 for delivery of wine into this state must file with the
commissioner a monthly report of known wine shipments made by the carrier. The report
must be made in a form and manner as prescribed by the commissioner and must contain:
new text end
new text begin
(1) the name of the common carrier making the report;
new text end
new text begin
(2) the period of time covered by the report;
new text end
new text begin
(3) the name and business address of the consignor;
new text end
new text begin
(4) the name and address of the consignee;
new text end
new text begin
(5) the weight of the package delivered to the consignee;
new text end
new text begin
(6) a unique tracking number; and
new text end
new text begin
(7) the date of delivery.
new text end
new text begin Subd. 2. new text end
new text begin Record availability and retention. new text end
new text begin
Upon written request by the commissioner,
any records supporting the report in subdivision 1 must be made available to the
commissioner within 30 days of the request. Any records containing information relating
to a required report must be retained and preserved for a period of two years, unless
destruction of the records prior to the end of the two-year period is authorized in writing
by the commissioner. All retained records must be open and available for inspection by the
commissioner upon written request. The commissioner must make the required reports
available to any law enforcement agency or regulatory body of any local government in
this state in which the common carrier making the report resides or does business.
new text end
new text begin Subd. 3. new text end
new text begin Penalty. new text end
new text begin
If a common carrier willfully violates the requirement to report a
delivery as required under this section or violates any rule related to the administration and
enforcement of this section, the commissioner must notify the common carrier in writing
of the violation. The commissioner may impose a fine in an amount not to exceed $500 for
each subsequent violation.
new text end
new text begin Subd. 4. new text end
new text begin Exemptions. new text end
new text begin
This section does not apply to common carriers regulated as
provided by United States Code, title 49, section 10101, et. seq., or to rail
trailer-on-flatcar/container-on-flatcar (TOFC/COFC) service, as provided by Code of Federal
Regulations, title 49, section 1090.1, or highway TOFC/COFC service provided by a rail
carrier, either itself or jointly with a motor carrier, as part of continuous intermodal freight
transportation, including, without limitation, any other TOFC/COFC transportation as
defined under federal law.
new text end
new text begin Subd. 5. new text end
new text begin Private or nonpublic data; classification and sharing. new text end
new text begin
(a) Data collected,
created, or maintained by the commissioner as required under subdivision 1, clauses (4) to
(6), are classified as private data on individuals or nonpublic data, as defined in section
13.02, subdivisions 9 and 12.
new text end
new text begin
(b) The commissioner must share data classified as private or nonpublic under this
section with the commissioner of revenue for purposes of administering section 295.75 and
chapters 289A, 297A, and 297G.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 14.
Minnesota Statutes 2018, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 17c. new text end
new text begin 911 telecommunicator. new text end
new text begin
"911 telecommunicator" means a person employed
by a public safety answering point, an emergency medical dispatch service provider, or
both, who is qualified to answer incoming emergency telephone calls or provide for the
appropriate emergency response either directly or through communication with the
appropriate public safety answering point.
new text end
Sec. 15.
Minnesota Statutes 2018, section 403.03, is amended to read:
403.03 911 SERVICES TO BE PROVIDED.
new text begin Subdivision 1. new text end
new text begin Emergency response services. new text end
Services available through a 911 system
must include police, firefighting, and emergency medical and ambulance services. Other
emergency and civil defense services may be incorporated into the 911 system at the
discretion of the public agency operating the public safety answering point. The 911 system
may include a referral to mental health crisis teams, where available.
new text begin Subd. 2. new text end
new text begin Telephone cardiopulmonary resuscitation program. new text end
new text begin
(a) On or before July
1, 2021, every public safety answering point must maintain a telephone cardiopulmonary
resuscitation program by either:
new text end
new text begin
(1) providing each 911 telecommunicator with training in cardiopulmonary resuscitation;
or
new text end
new text begin
(2) transferring callers to another public safety answering point with 911
telecommunicators that have received training in cardiopulmonary resuscitation.
new text end
new text begin
(b) Training in cardiopulmonary resuscitation must, at a minimum, include:
new text end
new text begin
(1) use of an evidence-based protocol or script for providing cardiopulmonary
resuscitation instruction that has been recommended by an academic institution or a nationally
recognized organization specializing in medical dispatch and, if the public safety answering
point has a medical director, approved by that medical director; and
new text end
new text begin
(2) appropriate continuing education, as determined by the evidence-based protocol for
providing cardiopulmonary resuscitation instruction and, if the public safety answering
point has a medical director, approved by that medical director.
new text end
new text begin
(c) A public safety answering point that transfers callers to another public safety
answering point must, at a minimum:
new text end
new text begin
(1) use an evidence-based protocol for the identification of a person in need of
cardiopulmonary resuscitation;
new text end
new text begin
(2) provide each 911 telecommunicator with appropriate training and continuing education
to identify a person in need of cardiopulmonary resuscitation through the use of an
evidence-based protocol; and
new text end
new text begin
(3) ensure that any public safety answering point to which calls are transferred uses 911
telecommunicators who meet the training requirements under paragraph (b).
new text end
new text begin
(d) Each public safety answering point shall conduct ongoing quality assurance of its
telephone cardiopulmonary resuscitation program.
new text end
new text begin Subd. 3. new text end
new text begin Monitoring and enforcing training requirements. new text end
new text begin
The Statewide Emergency
Communications Board shall adopt protocols to ensure that operators of every public safety
answering point comply with subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Liability exemption. new text end
new text begin
(a)
new text end
new text begin
If a caller refuses or is otherwise unwilling or unable
to provide cardiopulmonary resuscitation or receive telephone cardiopulmonary resuscitation
instruction, the 911 telecommunicator is not required to provide cardiopulmonary
resuscitation instruction and is immune from civil liability for any damages resulting from
the fact that such instruction was not provided.
new text end
new text begin
(b) Telephone cardiopulmonary resuscitation instruction is a general duty to the public
rather than a special duty owed to individuals, and a 911 telecommunicator must exercise
judgment and discretion in performing actions including but not limited to:
new text end
new text begin
(1) determining whether a particular situation requires instituting the cardiopulmonary
resuscitation program;
new text end
new text begin
(2) determining whether a caller refuses or is otherwise unable or unwilling to provide
cardiopulmonary resuscitation or receive telephone cardiopulmonary resuscitation instruction;
new text end
new text begin
(3) using and appropriately adapting an evidence-based protocol or script for providing
cardiopulmonary resuscitation instruction based on individual callers and emergency
situations presented by callers; and
new text end
new text begin
(4) determining when to transfer a caller to another public safety answering point with
911 telecommunicators that have received training in cardiopulmonary resuscitation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 16.
Minnesota Statutes 2018, section 609.582, subdivision 3, is amended to read:
Subd. 3.
Burglary in the third degree.
new text begin (a) Except as otherwise provided in this section,
new text end whoever enters a building without consent and with intent to steal or commit any felony or
gross misdemeanor while in the building, or enters a building without consent and steals or
commits a felony or gross misdemeanor while in the building, either directly or as an
accomplice, commits burglary in the third degree and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both.
new text begin
(b) Whoever enters a building while it is open to the public, other than a building
identified in subdivision 2, paragraph (b), with intent to steal while in the building, or enters
a building while it is open to the public, other than a building identified in subdivision 2,
paragraph (b), and steals while in the building, either directly or as an accomplice, commits
burglary in the third degree and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both, if:
new text end
new text begin
(1) the person enters the building within one year after being served with a valid civil
trespass notice instructing the person to leave the building and not return; and
new text end
new text begin
(2) the person has been convicted within the preceding five years for an offense under
this section, section 256.98, 268.182, 609.24, 609.245, 609.52, 609.53, 609.625, 609.63,
609.631, or 609.821, or a statute from another state, the United States, or a foreign
jurisdiction, in conformity with any of those sections, and the person received a felony
sentence for the offense, or a sentence that was stayed under section 609.135 if the offense
to which a plea was entered would allow imposition of a felony sentence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2018, section 609.582, subdivision 4, is amended to read:
Subd. 4.
Burglary in the fourth degree.
new text begin (a) new text end Whoever enters a building without consent
and with intent to commit a misdemeanor other than to steal, or enters a building without
consent and commits a misdemeanor other than to steal while in the building, either directly
or as an accomplice, commits burglary in the fourth degree and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.
new text begin
(b) Whoever enters a building while it is open to the public, other than a building
identified in subdivision 2, paragraph (b), with intent to steal while in the building, or enters
a building while it is open to the public, other than a building identified in subdivision 2,
paragraph (b), and steals while in the building, either directly or as an accomplice, commits
burglary in the fourth degree and may be sentenced to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both if the person enters the building
within one year after being served with a valid civil trespass notice instructing the person
to leave the building and not return.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2018, section 609.749, subdivision 1, is amended to read:
Subdivision 1.
Definition.
As used in this section, deleted text begin "stalking"deleted text end new text begin "harass"new text end means to engage
in conduct which the actor knows or has reason to know would cause the victim under the
circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and
causes this reaction on the part of the victim regardless of the relationship between the actor
and victim.
Sec. 19.
Minnesota Statutes 2018, section 609.749, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Stalkingdeleted text end new text begin Harassmentnew text end crimes.
A person who deleted text begin stalksdeleted text end new text begin harassesnew text end another by
committing any of the following acts is guilty of a gross misdemeanor:
(1) directly or indirectly, or through third parties, manifests a purpose or intent to injure
the person, property, or rights of another by the commission of an unlawful act;
(2) follows, monitors, or pursues another, whether in person or through any available
technological or other means;
(3) returns to the property of another if the actor is without claim of right to the property
or consent of one with authority to consent;
(4) repeatedly makes telephone calls, sends text messages, or induces a victim to make
telephone calls to the actor, whether or not conversation ensues;
(5) makes or causes the telephone of another repeatedly or continuously to ring;
(6) repeatedly mails or delivers or causes the delivery by any means, including
electronically, of letters, telegrams, messages, packages, through assistive devices for people
with vision impairments or hearing loss, or any communication made through any available
technologies or other objects;
(7) knowingly makes false allegations against a peace officer concerning the officer's
performance of official duties with intent to influence or tamper with the officer's
performance of official duties; or
(8) uses another's personal information, without consent, to invite, encourage, or solicit
a third party to engage in a sexual act with the person.
For purposes of this clause, "personal information" and "sexual act" have the meanings
given in section 617.261, subdivision 7.
Sec. 20.
Minnesota Statutes 2018, section 609.749, subdivision 3, is amended to read:
Subd. 3.
Aggravated violations.
(a) A person who commits any of the following acts
is guilty of a felony and may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both:
(1) commits any offense described in subdivision 2 because of the victim's or another's
actual or perceived race, color, religion, sex, sexual orientation, disability as defined in
section 363A.03, age, or national origin;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and possesses a dangerous weapon
at the time of the offense;
(4) deleted text begin stalksdeleted text end new text begin harassesnew text end another, as defined in subdivision 1, with intent to influence or
otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a
judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer
of the court, because of that person's performance of official duties in connection with a
judicial proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of
18, if the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim under
the age of 18, if the actor is more than 36 months older than the victim, and the act is
committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.
Sec. 21.
Minnesota Statutes 2018, section 609.749, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Pattern ofdeleted text end Stalking deleted text begin conductdeleted text end .
(a) A person who engages in deleted text begin a pattern ofdeleted text end stalking
deleted text begin conductdeleted text end with respect to a single victim or one or more members of a single household which
the actor knows or has reason to know would cause the victim under the circumstances to
feel terrorized or to fear bodily harm and which does cause this reaction on the part of the
victim, is guilty of a felony and may be sentenced to imprisonment for not more than ten
years or to payment of a fine of not more than $20,000, or both.
(b) For purposes of this subdivision, deleted text begin a "pattern of stalking conduct"deleted text end new text begin "stalking"new text end means
two or more acts within a five-year period that violate or attempt to violate the provisions
of any of the following or a similar law of another state, the United States, the District of
Columbia, tribe, or United States territories:
(1) this section;
(2) sections 609.185 to 609.205 (first- to third-degree murder and first- and second-degree
manslaughter);
(3) section 609.713 (terroristic threats);
(4) section 609.224 (fifth-degree assault);
(5) section 609.2242 (domestic assault);
(6) section 518B.01, subdivision 14 (violations of domestic abuse orders for protection);
(7) section 609.748, subdivision 6 (violations of harassment restraining orders);
(8) section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7) (certain trespass
offenses);
(9) section 609.78, subdivision 2 (interference with an emergency call);
(10) section 609.79 (obscene or harassing telephone calls);
(11) section 609.795 (letter, telegram, or package; opening; harassment);
(12) section 609.582 (burglary);
(13) section 609.595 (damage to property);
(14) section 609.765 (criminal defamation);
(15) sections 609.342 to 609.3451 (first- to fifth-degree criminal sexual conduct); or
(16) section 629.75, subdivision 2 (violations of domestic abuse no contact orders).
(c) Words set forth in parentheses after references to statutory sections in paragraph (b)
are mere catchwords included solely for convenience in reference. They are not substantive
and may not be used to construe or limit the meaning of the cited statutory provision.
Sec. 22.
Minnesota Statutes 2018, section 609.749, subdivision 8, is amended to read:
Subd. 8.
new text begin Harassment; new text end stalking; firearms.
(a) When a person is convicted of deleted text begin adeleted text end new text begin
harassment ornew text end stalking deleted text begin crimedeleted text end under this section and the court determines that the person
used a firearm in any way during commission of the crime, the court may order that the
person is prohibited from possessing any type of firearm for any period longer than three
years or for the remainder of the person's life. A person who violates this paragraph is guilty
of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant
for how long the defendant is prohibited from possessing a firearm and that it is a gross
misdemeanor to violate this paragraph. The failure of the court to provide this information
to a defendant does not affect the applicability of the firearm possession prohibition or the
gross misdemeanor penalty to that defendant.
(b) Except as otherwise provided in paragraph (a), when a person is convicted of deleted text begin adeleted text end new text begin
harassment ornew text end stalking deleted text begin crimedeleted text end under this section, the court shall inform the defendant that
the defendant is prohibited from possessing a firearm for three years from the date of
conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure
of the court to provide this information to a defendant does not affect the applicability of
the firearm possession prohibition or the gross misdemeanor penalty to that defendant.
(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a
pistol if the person has been convicted after August 1, 1996, of deleted text begin adeleted text end new text begin harassment ornew text end stalking
deleted text begin crimedeleted text end under this section, or to possess a firearm if the person has been convicted on or after
August 1, 2014, of deleted text begin adeleted text end new text begin harassment ornew text end stalking deleted text begin crimedeleted text end under this section, unless three years
have elapsed from the date of conviction and, during that time, the person has not been
convicted of any other violation of this section. Property rights may not be abated but access
may be restricted by the courts. A person who possesses a firearm in violation of this
paragraph is guilty of a gross misdemeanor.
(d) If the court determines that a person convicted of deleted text begin adeleted text end new text begin harassment ornew text end stalking deleted text begin crimedeleted text end
under this section owns or possesses a firearm and used it in any way during the commission
of the crime, it shall order that the firearm be summarily forfeited under section 609.5316,
subdivision 3.
(e) Except as otherwise provided in paragraphs (d) and (g), when a person is convicted
of deleted text begin adeleted text end new text begin harassment ornew text end stalking deleted text begin crimedeleted text end under this section, the court shall order the defendant to
transfer any firearms that the person possesses, within three business days, to a federally
licensed firearms dealer, a law enforcement agency, or a third party who may lawfully
receive them. The transfer may be permanent or temporary. A temporary firearm transfer
only entitles the receiving party to possess the firearm. A temporary transfer does not transfer
ownership or title. A defendant may not transfer firearms to a third party who resides with
the defendant. If a defendant makes a temporary transfer, a federally licensed firearms dealer
or law enforcement agency may charge the defendant a reasonable fee to store the person's
firearms and may establish policies for disposal of abandoned firearms, provided such
policies require that the person be notified via certified mail prior to disposal of abandoned
firearms. For temporary firearms transfers under this paragraph, a law enforcement agency,
federally licensed firearms dealer, or third party shall exercise due care to preserve the
quality and function of the transferred firearms and shall return the transferred firearms to
the person upon request after the expiration of the prohibiting time period imposed under
this subdivision, provided the person is not otherwise prohibited from possessing firearms
under state or federal law. The return of temporarily transferred firearms to a defendant
shall comply with state and federal law. If a defendant permanently transfers the defendant's
firearms to a law enforcement agency, the agency is not required to compensate the defendant
and may charge the defendant a reasonable processing fee. A law enforcement agency is
not required to accept a person's firearm under this paragraph. The court shall order that the
person surrender all permits to carry and purchase firearms to the sheriff.
(f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof
of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the defendant permanently transferred the defendant's firearms to the third party or agreeing
to temporarily store the defendant's firearms until such time as the defendant is legally
permitted to possess firearms. The affidavit shall indicate the serial number, make, and
model of all firearms transferred by the defendant to the third party. The third party shall
acknowledge in the affidavit that the third party may be held criminally and civilly
responsible under section 624.7144 if the defendant gains access to a transferred firearm
while the firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer
must specify whether the firearms were permanently or temporarily transferred and include
the name of the defendant, date of transfer, and the serial number, make, and model of all
transferred firearms. The defendant shall provide the court with a signed and notarized
affidavit or proof of transfer as described in this section within two business days of the
firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this
paragraph.
(g) When a person is convicted of deleted text begin adeleted text end new text begin harassment ornew text end stalking deleted text begin crimedeleted text end under this section, the
court shall determine by a preponderance of the evidence if the person poses an imminent
risk of causing another person substantial bodily harm. Upon a finding of imminent risk,
the court shall order that the local law enforcement agency take immediate possession of
all firearms in the person's possession. The local law enforcement agency shall exercise due
care to preserve the quality and function of the defendant's firearms and shall return the
firearms to the person upon request after the expiration of the prohibiting time period,
provided the person is not otherwise prohibited from possessing firearms under state or
federal law. The local law enforcement agency shall, upon written notice from the person,
transfer the firearms to a federally licensed firearms dealer or a third party who may lawfully
receive them. Before a local law enforcement agency transfers a firearm under this paragraph,
the agency shall require the third party or federally licensed firearms dealer receiving the
firearm to submit an affidavit or proof of transfer that complies with the requirements for
affidavits or proofs of transfer established in paragraph (f). The agency shall file all affidavits
or proofs of transfer received with the court within two business days of the transfer. The
court shall seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally
licensed firearms dealer or third party who accepts a firearm transfer pursuant to this
paragraph shall comply with paragraphs (e) and (f) as if accepting transfer from the defendant.
If the law enforcement agency does not receive written notice from the defendant within
three business days, the agency may charge a reasonable fee to store the defendant's firearms.
A law enforcement agency may establish policies for disposal of abandoned firearms,
provided such policies require that the person be notified via certified mail prior to disposal
of abandoned firearms.
Sec. 23.
Minnesota Statutes 2018, section 624.712, subdivision 5, is amended to read:
Subd. 5.
Crime of violence.
"Crime of violence" means: felony convictions of the
following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the
second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first
degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding
attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second
degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree);
609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic
assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 (solicitation,
inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct
in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal
sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 609.52
(involving theft of a firearm and theft involving the theft of a controlled substance, an
explosive, or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson in
the second degree); 609.582, subdivision 1 or 2 (burglary in the first and second degrees);
609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating
a machine gun or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749
deleted text begin (stalking)deleted text end new text begin (harassment)new text end ; 609.855, subdivision 5 (shooting at a public transit vehicle or
facility); and chapter 152 (drugs, controlled substances); and an attempt to commit any of
these offenses.
Sec. 24.
Minnesota Statutes 2018, section 634.20, is amended to read:
634.20 EVIDENCE OF CONDUCT.
Evidence of domestic conduct by the accused against the victim of domestic conduct,
or against other family or household members, is admissible unless the probative value is
substantially outweighed by the danger of unfair prejudice, confusion of the issue, or
misleading the jury, or by considerations of undue delay, waste of time, or needless
presentation of cumulative evidence. "Domestic conduct" includes, but is not limited to,
evidence of domestic abuse, violation of an order for protection under section 518B.01;
violation of a harassment restraining order under section 609.748; new text begin violation of a domestic
abuse no contact order under section 629.75; new text end or violation of section 609.749 or 609.79,
subdivision 1. "Domestic abuse" and "family or household members" have the meanings
given under section 518B.01, subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25. new text begin TASK FORCE ON MISSING AND MURDERED INDIGENOUS WOMEN.
new text end
new text begin Subdivision 1. new text end
new text begin Creation and duties. new text end
new text begin
(a) By September 1, 2019, the commissioner, in
consultation with the Minnesota Indian Affairs Council, shall appoint members to the Task
Force on Missing and Murdered Indigenous Women to advise the commissioner and report
to the legislature on recommendations to reduce and end violence against indigenous women
and girls in Minnesota, including members of the two spirit community. The task force may
also serve as a liaison between the commissioner and agencies and nongovernmental
organizations that provide services to victims, victims' families, and victims' communities.
Task force members may receive expense reimbursement as specified in Minnesota Statutes,
section 15.059, subdivision 6.
new text end
new text begin
(b) The Task Force on Missing and Murdered Indigenous Women must examine and
report on the following:
new text end
new text begin
(1) the systemic causes behind violence that indigenous women and girls experience,
including patterns and underlying factors that explain why disproportionately high levels
of violence occur against indigenous women and girls, including underlying historical,
social, economic, institutional, and cultural factors which may contribute to the violence;
new text end
new text begin
(2) appropriate methods for tracking and collecting data on violence against indigenous
women and girls, including data on missing and murdered indigenous women and girls;
new text end
new text begin
(3) policies and institutions such as policing, child welfare, coroner practices, and other
governmental practices that impact violence against indigenous women and girls and the
investigation and prosecution of crimes of gender violence against indigenous people;
new text end
new text begin
(4) measures necessary to address and reduce violence against indigenous women and
girls; and
new text end
new text begin
(5) measures to help victims, victims' families, and victims' communities prevent and
heal from violence that occurs against indigenous women and girls.
new text end
new text begin
(c) For the purposes of this section, "commissioner" means the commissioner of public
safety and "nongovernmental organizations" means nonprofit, nongovernmental organizations
that provide legal, social, or other community services.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) To the extent practicable, the Task Force on Missing and
Murdered Indigenous Women shall consist of the following individuals, or their designees,
who are knowledgeable in crime victims' rights or violence protection and, unless otherwise
specified, members shall be appointed by the commissioner:
new text end
new text begin
(1) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end
new text begin
(2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end
new text begin
(3) two representatives from among the following:
new text end
new text begin
(i) the Minnesota Chiefs of Police Association;
new text end
new text begin
(ii) the Minnesota Sheriffs' Association;
new text end
new text begin
(iii) the Bureau of Criminal Apprehension;
new text end
new text begin
(iv) the Minnesota Police and Peace Officers Association; or
new text end
new text begin
(v) a peace officer who works for and resides on a federally recognized American Indian
reservation in Minnesota;
new text end
new text begin
(4) one or more representatives from among the following:
new text end
new text begin
(i) the Minnesota County Attorneys Association;
new text end
new text begin
(ii) the United States Attorney's Office; or
new text end
new text begin
(iii) a judge or attorney working in juvenile court;
new text end
new text begin
(5) a county coroner or a representative from a statewide coroner's association or a
representative of the Department of Health;
new text end
new text begin
(6) one representative from each of the 11 federally recognized tribal governments, with
a preference for individuals who work with victims of violence or their families; and
new text end
new text begin
(7) four or more representatives from among the following:
new text end
new text begin
(i) a tribal, statewide, or local organization that provides legal services to indigenous
women and girls;
new text end
new text begin
(ii) a tribal, statewide, or local organization that provides advocacy or counseling for
indigenous women and girls who have been victims of violence;
new text end
new text begin
(iii) a tribal, statewide, or local organization that provides services to indigenous women
and girls;
new text end
new text begin
(iv) the Minnesota Indian Women's Sexual Assault Coalition;
new text end
new text begin
(v) Mending the Sacred Hoop;
new text end
new text begin
(vi) an Indian health organization or agency; or
new text end
new text begin
(vii) an indigenous woman who is a survivor of gender violence.
new text end
new text begin
(b) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies in commissioner appointed positions shall be filled by the
commissioner consistent with the qualifications of the vacating member required by this
subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force members shall annually elect a chair
and vice-chair from among the task force's members, and may elect other officers as
necessary. The task force shall meet at least quarterly, or upon the call of its chair, and may
hold meetings throughout the state. The task force shall meet sufficiently enough to
accomplish the tasks identified in this section. Meetings of the task force are subject to
Minnesota Statutes, chapter 13D. The task force shall seek out and enlist the cooperation
and assistance of nongovernmental organizations, community and advocacy organizations
working with the American Indian community, and academic researchers and experts,
specifically those specializing in violence against indigenous women and girls, representing
diverse communities disproportionately affected by violence against women and girls, or
focusing on issues related to gender violence and violence against indigenous women and
girls.
new text end
new text begin
(b) The commissioner shall convene the first meeting of the task force no later than
October 1, 2019, and shall provide meeting space and administrative assistance as necessary
for the task force to conduct its work.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
The task force shall report to the chairs and ranking minority members
of the legislative committees with jurisdiction over public safety, human services, and state
government on the work of the task force, including but not limited to the issues to be
examined in subdivision 1, and shall include in the report institutional policies and practices
or proposed institutional policies and practices that are effective in reducing gender violence
and increasing the safety of indigenous women and girls. The report shall include
recommendations to reduce and end violence against indigenous women and girls and help
victims and communities heal from gender violence and violence against indigenous women
and girls. The report shall be submitted to the legislative committees by December 15, 2020.
new text end
new text begin Subd. 5. new text end
new text begin Expiration. new text end
new text begin
Notwithstanding Minnesota Statutes, section 15.059, the task force
expires December 31, 2020.
new text end
Sec. 26. new text begin INTERAGENCY OPIOID ENFORCEMENT COORDINATOR.
new text end
new text begin
The governor is encouraged to appoint an interagency opioid enforcement coordinator
to perform the following duties:
new text end
new text begin
(1) coordinate the statewide response to opioid abuse;
new text end
new text begin
(2) develop, coordinate, and facilitate training for law enforcement officers, prosecutors,
courts, child protection workers, social service providers, medical providers, and other
community members;
new text end
new text begin
(3) promote the efficient use of resources; and
new text end
new text begin
(4) consult with local government officials, representatives from other states, and federal
officials to monitor local and national trends relating to opioid abuse and responses to that
abuse.
new text end
Sec. 27. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall make any cross-reference changes, language changes, or
both to Minnesota Statutes made necessary by section 18.
new text end
ARTICLE 3
CORRECTIONS
Section 1.
Minnesota Statutes 2018, section 13.851, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Mental health screening. new text end
new text begin
The treatment of data collected by a sheriff or local
corrections agency related to individuals who may have a mental illness is governed by
section 641.15, subdivision 3a.
new text end
Sec. 2.
new text begin
[13.856] OMBUDSPERSON FOR CORRECTIONS; DATA.
new text end
new text begin Subdivision 1. new text end
new text begin Private data. new text end
new text begin
The following data maintained by the ombudsperson for
corrections are classified as private data, pursuant to section 13.02, subdivision 12:
new text end
new text begin
(1) all data on individuals pertaining to contacts made by clients seeking the assistance
of the ombudsperson, except as specified in subdivisions 2 and 3;
new text end
new text begin
(2) data recorded from personal and phone conversations and in correspondence between
the ombudsperson's staff and persons interviewed during the course of an investigation;
new text end
new text begin
(3) client index cards;
new text end
new text begin
(4) case assignment data; and
new text end
new text begin
(5) monthly closeout data.
new text end
new text begin Subd. 2. new text end
new text begin Confidential data. new text end
new text begin
The written summary of the investigation maintained by
the ombudsperson is, to the extent it identifies individuals, classified as confidential data,
pursuant to section 13.02, subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Public data. new text end
new text begin
The following data maintained by the ombudsperson are classified
as public data pursuant to section 13.02, subdivision 15:
new text end
new text begin
(1) client name;
new text end
new text begin
(2) client location; and
new text end
new text begin
(3) the inmate identification number assigned by the Department of Corrections.
new text end
new text begin Subd. 4. new text end
new text begin Access to data. new text end
new text begin
The ombudsperson for corrections has access to corrections
and detention data and medical data as provided under section 241.94.
new text end
Sec. 3.
Minnesota Statutes 2018, section 15A.0815, subdivision 3, is amended to read:
Subd. 3.
Group II salary limits.
The salary for a position listed in this subdivision shall
not exceed 120 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:
Executive director of Gambling Control Board;
Commissioner of Iron Range resources and rehabilitation;
Commissioner, Bureau of Mediation Services;
Ombudsman for mental health and developmental disabilities;
new text begin
Ombudsperson for corrections;
new text end
Chair, Metropolitan Council;
School trust lands director;
Executive director of pari-mutuel racing; and
Commissioner, Public Utilities Commission.
Sec. 4.
Minnesota Statutes 2018, section 144.121, subdivision 1a, is amended to read:
Subd. 1a.
Fees for ionizing radiation-producing equipment.
(a) A facility with ionizing
radiation-producing equipment must pay an annual initial or annual renewal registration
fee consisting of a base facility fee of $100 and an additional fee for each radiation source,
as follows:
| (1) |
medical or veterinary equipment |
$ |
100 |
|
| (2) |
dental x-ray equipment |
$ |
40 |
|
| (3) |
x-ray equipment not used on humans or animals |
$ |
100 |
|
| (4) |
devices with sources of ionizing radiation not used on humans or animals |
$ |
100 |
|
|
new text begin
(5) new text end |
new text begin
security screening system new text end |
new text begin
$ new text end |
new text begin
100 new text end |
(b) A facility with radiation therapy and accelerator equipment must pay an annual
registration fee of $500. A facility with an industrial accelerator must pay an annual
registration fee of $150.
(c) Electron microscopy equipment is exempt from the registration fee requirements of
this section.
new text begin
(d) For purposes of this section, a security screening system means radiation-producing
equipment designed and used for security screening of humans who are in the custody of a
correctional or detention facility, and used by the facility to image and identify contraband
items concealed within or on all sides of a human body. For purposes of this section, a
correctional or detention facility is a facility licensed under section 241.021 and operated
by a state agency or political subdivision charged with detection, enforcement, or
incarceration in respect to state criminal and traffic laws.
new text end
Sec. 5.
Minnesota Statutes 2018, section 144.121, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin
Exemption from examination requirements; operators of security screening
systems.
new text end
new text begin
(a) An employee of a correctional or detention facility who operates a security
screening system and the facility in which the system is being operated are exempt from
the requirements of subdivisions 5 and 6.
new text end
new text begin
(b) An employee of a correctional or detention facility who operates a security screening
system and the facility in which the system is being operated must meet the requirements
of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota
Rules, parts 4717.7000 to 4717.7050. This paragraph expires on December 31 of the year
that the permanent rules adopted by the commissioner governing security screening systems
are published in the State Register.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2018, section 151.37, subdivision 12, is amended to read:
Subd. 12.
Administration of opiate antagonists for drug overdose.
(a) A licensed
physician, a licensed advanced practice registered nurse authorized to prescribe drugs
pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs
pursuant to section 147A.18 may authorize the following individuals to administer opiate
antagonists, as defined in section 604A.04, subdivision 1:
(1) an emergency medical responder registered pursuant to section 144E.27;
(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and (d);
deleted text begin and
deleted text end
(3) new text begin employees of a correctional facility; and
new text end
new text begin (4) new text end staff of community-based health disease prevention or social service programs.
(b) For the purposes of this subdivision, opiate antagonists may be administered by one
of these individuals only if:
(1) the licensed physician, licensed physician assistant, or licensed advanced practice
registered nurse has issued a standing order to, or entered into a protocol with, the individual;
and
(2) the individual has training in the recognition of signs of opiate overdose and the use
of opiate antagonists as part of the emergency response to opiate overdose.
(c) Nothing in this section prohibits the possession and administration of naloxone
pursuant to section 604A.04.
Sec. 7.
Minnesota Statutes 2018, section 241.01, subdivision 3a, is amended to read:
Subd. 3a.
Commissioner, powers and duties.
The commissioner of corrections has the
following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility.new text begin After July 1, 2019, the commissioner shall not allow inmates to be housed in facilities
that are not owned and operated by the state, a local unit of government, or a group of local
units of government.new text end Inmates shall not exercise custodial functions or have authority over
other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2018, section 241.025, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
The commissioner of corrections may appoint peace
officers, as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the
classified service subject to the provisions of section 43A.01, subdivision 2, and establish
a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known
as the Department of Corrections Fugitive Apprehension Unit, to perform the duties necessary
to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law
enforcement agency is limited to the new text begin activities related to the new text end arrest of Department of
Corrections' discretionary and statutory released violators and Department of Corrections'
escapees.new text begin The Department of Corrections Fugitive Apprehension Unit may exercise general
law enforcement duties upon request for assistance from a law enforcement agency and
subject to availability and resources of the Department of Corrections Fugitive Apprehension
Unit.
new text end
Sec. 9.
Minnesota Statutes 2018, section 241.025, subdivision 2, is amended to read:
Subd. 2.
Limitations.
The initial processing of a person arrested by the fugitive
apprehension unit for an offense deleted text begin within the agency's jurisdictiondeleted text end is the responsibility of the
fugitive apprehension unit unless otherwise directed by the law enforcement agency with
primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement
agency of the jurisdiction in which a new crime is committed.
Sec. 10.
Minnesota Statutes 2018, section 241.75, subdivision 2, is amended to read:
Subd. 2.
Health care decisions.
The medical director of the Department of Corrections
may make a health care decision for an inmate incarcerated in a state correctional facility
new text begin or placed in an outside facility on conditional medical release new text end if the inmate's attending
physician determines that the inmate lacks decision-making capacity and:
(1) there is not a documented health care agent designated by the inmate or the health
care agent is not reasonably available to make the health care decision;
(2) if there is a documented health care directive, the decision is consistent with that
directive;
(3) the decision is consistent with reasonable medical practice and other applicable law;
and
(4) the medical director has made a good faith attempt to consult with the inmate's next
of kin or emergency contact person in making the decision, to the extent those persons are
reasonably available.
Sec. 11.
new text begin
[241.90] OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS;
FUNCTION.
new text end
new text begin
The Office of Ombudsperson for the Department of Corrections is hereby created. The
ombudsperson shall serve at the pleasure of the governor in the unclassified service, shall
be selected without regard to political affiliation, and shall be a person highly competent
and qualified to analyze questions of law, administration, and public policy. No person may
serve as ombudsperson while holding any other public office. The ombudsperson for
corrections shall be accountable to the governor and shall have the authority to investigate
decisions, acts, and other matters of the Department of Corrections so as to promote the
highest attainable standards of competence, efficiency, and justice in the administration of
corrections.
new text end
Sec. 12.
new text begin
[241.91] DEFINITION.
new text end
new text begin
For the purposes of sections 241.90 to 241.95, "administrative agency" or "agency"
means any division, official, or employee of the Department of Corrections, including the
commissioner of corrections, charged with the care and custody of inmates and any regional
or local correctional facility licensed or inspected by the commissioner of corrections,
whether public or private, established and operated for the detention and confinement of
adults or juveniles, including but not limited to programs or facilities operating under chapter
401, secure juvenile detention facilities, municipal holding facilities, juvenile temporary
holdover facilities, regional or local jails, lockups, work houses, work farms, and detention
facilities, but does not include:
new text end
new text begin
(1) any court or judge;
new text end
new text begin
(2) any member of the senate or house of representatives;
new text end
new text begin
(3) the governor or the governor's personal staff;
new text end
new text begin
(4) any instrumentality of the federal government;
new text end
new text begin
(5) any interstate compact; or
new text end
new text begin
(6) any person responsible for the supervision of offenders placed on supervised release,
parole, or probation.
new text end
Sec. 13.
new text begin
[241.92] ORGANIZATION OF OFFICE OF OMBUDSPERSON.
new text end
new text begin Subdivision 1. new text end
new text begin Employee selection. new text end
new text begin
The ombudsperson may select, appoint, and
compensate out of available funds assistants and employees as deemed necessary to discharge
responsibilities. The ombudsperson and full-time staff shall be members of the Minnesota
State Retirement Association.
new text end
new text begin Subd. 2. new text end
new text begin Assistant ombudsperson. new text end
new text begin
The ombudsperson may appoint an assistant
ombudsperson in the unclassified service.
new text end
new text begin Subd. 3. new text end
new text begin Delegation of duties. new text end
new text begin
The ombudsperson may delegate to staff members any
of the ombudsperson's authority or duties except the duty of formally making
recommendations to an administrative agency or reports to the Office of the Governor or
to the legislature.
new text end
Sec. 14.
new text begin
[241.93] POWERS OF OMBUDSPERSON; INVESTIGATIONS; ACTION
ON COMPLAINTS; RECOMMENDATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Powers. new text end
new text begin
The ombudsperson may:
new text end
new text begin
(1) prescribe the methods by which complaints are to be made, reviewed, and acted
upon; provided, however, that the ombudsperson may not levy a complaint fee;
new text end
new text begin
(2) determine the scope and manner of investigations to be made;
new text end
new text begin
(3) except as otherwise provided, determine the form, frequency, and distribution of
conclusions, recommendations, and proposals; provided, however, that the governor or a
representative may, at any time the governor deems necessary, request and receive
information from the ombudsperson. Neither the ombudsperson nor any member of the
ombudsperson's staff shall be compelled to testify or to produce evidence in any judicial or
administrative proceeding with respect to any matter involving the exercise of the
ombudsperson's official duties except as may be necessary to enforce the provisions of
sections 241.90 to 241.95;
new text end
new text begin
(4) investigate, upon a complaint or upon personal initiative, any action of an
administrative agency;
new text end
new text begin
(5) request and be given access to information in the possession of an administrative
agency deemed necessary for the discharge of responsibilities;
new text end
new text begin
(6) examine the records and documents of an administrative agency;
new text end
new text begin
(7) enter and inspect, at any time, premises within the control of an administrative agency;
new text end
new text begin
(8) subpoena any person to appear, give testimony, or produce documentary or other
evidence that the ombudsperson deems relevant to a matter under inquiry, and may petition
the appropriate state court to seek enforcement with the subpoena; provided, however, that
any witness at a hearing or before an investigation shall possess the same privileges reserved
to a witness in the courts or under the laws of this state;
new text end
new text begin
(9) bring an action in an appropriate state court to provide the operation of the powers
provided in this subdivision. The ombudsperson may use the services of legal assistance to
Minnesota prisoners for legal counsel. The provisions of sections 241.90 to 241.95 are in
addition to other provisions of law under which any remedy or right of appeal or objection
is provided for any person, or any procedure provided for inquiry or investigation concerning
any matter. Nothing in sections 241.90 to 241.95 shall be construed to limit or affect any
other remedy or right of appeal or objection nor shall it be deemed part of an exclusionary
process; and
new text end
new text begin
(10) be present at commissioner of corrections parole, supervised release, and parole
revocation hearings and deliberations.
new text end
new text begin Subd. 2. new text end
new text begin Actions against ombudsperson. new text end
new text begin
No proceeding or civil action except removal
from office or a proceeding brought pursuant to chapter 13 shall be commenced against the
ombudsperson for actions taken under the provisions of sections 241.90 to 241.95, unless
the act or omission is actuated by malice or is grossly negligent.
new text end
new text begin Subd. 3. new text end
new text begin Matters appropriate for investigation. new text end
new text begin
(a) In selecting matters for attention,
the ombudsperson should particularly address actions of an administrative agency that may
be:
new text end
new text begin
(1) contrary to law or rule;
new text end
new text begin
(2) unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of an
administrative agency;
new text end
new text begin
(3) mistaken in law or arbitrary in the ascertainment of facts;
new text end
new text begin
(4) unclear or inadequately explained when reasons should have been revealed; or
new text end
new text begin
(5) inefficiently performed.
new text end
new text begin
(b) The ombudsperson may also be concerned with strengthening procedures and practices
that lessen the risk that objectionable actions of the administrative agency will occur.
new text end
new text begin Subd. 4. new text end
new text begin Complaints. new text end
new text begin
(a) The ombudsperson may receive a complaint from any source
concerning an action of an administrative agency. The ombudsperson may, on personal
motion or at the request of another, investigate any action of an administrative agency.
new text end
new text begin
(b) The ombudsperson may exercise powers without regard to the finality of any action
of an administrative agency; however, the ombudsperson may require a complainant to
pursue other remedies or channels of complaint open to the complainant before accepting
or investigating the complaint.
new text end
new text begin
(c) After completing investigation of a complaint, the ombudsperson shall inform the
complainant, the administrative agency, and the official or employee of the action taken.
new text end
new text begin
(d) A letter to the ombudsperson from a person in an institution under the control of an
administrative agency shall be forwarded immediately and unopened to the ombudsperson's
office. A reply from the ombudsperson to the person shall be promptly delivered unopened
to the person after its receipt by the institution.
new text end
new text begin
(e) No complainant shall be punished nor shall the general condition of the complainant's
confinement or treatment be unfavorably altered as a result of the complainant having made
a complaint to the ombudsperson.
new text end
new text begin Subd. 5. new text end
new text begin Investigation of adult local jails and detention facilities. new text end
new text begin
Either the
ombudsperson or the jail inspection unit of the Department of Corrections may investigate
complaints involving local adult jails and detention facilities. The ombudsperson and
Department of Corrections must enter into an arrangement with one another that ensures
they are not duplicating services.
new text end
new text begin Subd. 6. new text end
new text begin Recommendations. new text end
new text begin
(a) If, after duly considering a complaint and whatever
material the ombudsperson deems pertinent, the ombudsperson is of the opinion that the
complaint is valid, the ombudsperson may recommend that an administrative agency should:
new text end
new text begin
(1) consider the matter further;
new text end
new text begin
(2) modify or cancel its actions;
new text end
new text begin
(3) alter a ruling;
new text end
new text begin
(4) explain more fully the action in question; or
new text end
new text begin
(5) take any other step that the ombudsperson recommends to the administrative agency
involved.
new text end
new text begin
If the ombudsperson so requests, the agency shall, within the time the ombudsperson
specifies, inform the ombudsperson about the action taken on the ombudsperson's
recommendations or the reasons for not complying with it.
new text end
new text begin
(b) If the ombudsperson has reason to believe that any public official or employee has
acted in a manner warranting criminal or disciplinary proceedings, the ombudsperson may
refer the matter to the appropriate authorities.
new text end
new text begin
(c) If the ombudsperson believes that an action upon which a valid complaint is founded
has been dictated by a statute, and that the statute produces results or effects that are unfair
or otherwise objectionable, the ombudsperson shall bring to the attention of the governor
and the legislature the ombudsperson's view concerning desirable statutory change.
new text end
new text begin Subd. 7. new text end
new text begin Grants. new text end
new text begin
The ombudsperson may apply for and receive grants from public and
private entities for purposes of carrying out the ombudsperson's powers and duties under
sections 241.90 to 241.95.
new text end
Sec. 15.
new text begin
[241.94] ACCESS BY OMBUDSPERSON TO DATA.
new text end
new text begin
Notwithstanding section 13.384 or 13.85, the ombudsperson has access to corrections
and detention data and medical data maintained by an agency and classified as private data
on individuals or confidential data on individuals when access to the data is necessary for
the ombudsperson to perform the powers under section 241.93.
new text end
Sec. 16.
new text begin
[241.95] PUBLICATION OF RECOMMENDATIONS; REPORTS.
new text end
new text begin Subdivision 1. new text end
new text begin Publication. new text end
new text begin
The ombudsperson may publish conclusions and suggestions
by transmitting them to the Office of the Governor. Before announcing a conclusion or
recommendation that expressly or impliedly criticizes an administrative agency or any
person, the ombudsperson shall consult with that agency or person. When publishing an
opinion adverse to an administrative agency or any person, the ombudsperson shall include
in the publication any statement of reasonable length made to the ombudsperson by that
agency or person in defense or mitigation of the action.
new text end
new text begin Subd. 2. new text end
new text begin Annual report. new text end
new text begin
In addition to whatever reports the ombudsperson may make
on an ad hoc basis, the ombudsperson shall report to the governor and the senate and house
committee chairs and ranking minority members for the committees and divisions with
fiscal and policy jurisdiction over public safety and corrections at the end of each year on
the ombudsperson's functions during the preceding year.
new text end
Sec. 17.
Minnesota Statutes 2018, section 242.192, is amended to read:
242.192 CHARGES TO COUNTIES.
The commissioner shall charge counties or other appropriate jurisdictions 65 percent of
the per diem cost of confinement, excluding educational costs and nonbillable service, of
juveniles at the Minnesota Correctional Facility-Red Wing and of juvenile females committed
to the commissioner of corrections. This charge applies to juveniles committed to the
commissioner of corrections and juveniles admitted to the Minnesota Correctional
Facility-Red Wing under established admissions criteria. This charge applies to both counties
that participate in the Community Corrections Act and those that do not. The commissioner
shall determine the per diem cost of confinement based on projected population, pricing
incentives, new text begin and new text end market conditionsdeleted text begin , and the requirement that expense and revenue balance
out over a period of two yearsdeleted text end . All money received under this section must be deposited in
the state treasury and credited to the general fund.
Sec. 18.
Minnesota Statutes 2018, section 243.48, subdivision 1, is amended to read:
Subdivision 1.
General searches.
The commissioner of corrections, the governor,
lieutenant governor, members of the legislature, deleted text begin anddeleted text end state officersnew text begin , and the ombudsperson
for correctionsnew text end may visit the inmates at pleasure, but no other persons without permission
of the chief executive officer of the facility, under rules prescribed by the commissioner. A
moderate fee may be required of visitors, other than those allowed to visit at pleasure. All
fees so collected shall be reported and remitted to the commissioner of management and
budget under rules as the commissioner may deem proper, and when so remitted shall be
placed to the credit of the general fund.
Sec. 19.
new text begin
[243.521] ADMINISTRATIVE AND DISCIPLINARY SEGREGATION.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization. new text end
new text begin
In any adult correctional facility under the control of the
commissioner of corrections, the commissioner may require an inmate to be placed on
disciplinary segregation status for rule violations or on administrative segregation status
when the continued presence of the inmate in general population would pose a serious threat
to life, property, self, staff, or other inmates or to the security or orderly running of the
institution. Inmates pending investigation for trial on a criminal act or pending transfer may
be included, provided the warden's written approval is sought and granted within seven
business days of placing the inmate in restrictive housing under this provision. The warden
of each facility must document any time approval is granted and the reason for it, and submit
a quarterly report to the commissioner of corrections.
new text end
new text begin Subd. 2. new text end
new text begin Conditions in segregated housing. new text end
new text begin
The restrictive housing unit shall provide
living conditions that are approximate to those offenders in general population, including
reduced lighting during nighttime hours.
new text end
new text begin Subd. 3. new text end
new text begin Review of disciplinary segregation status. new text end
new text begin
The commissioner of corrections
shall receive notification of all inmates with consecutive placement in a restrictive housing
setting for more than 30 days. This notification shall occur on a monthly basis. In the event
an inmate is placed into restrictive housing for more than 120 days, the reason for the
placement and the behavior management plan for the inmate shall be submitted to the
commissioner of corrections.
new text end
new text begin Subd. 4. new text end
new text begin Graduated interventions. new text end
new text begin
The commissioner shall design and implement a
continuum of interventions, including informal sanctions, administrative segregation, formal
discipline, disciplinary segregation, and step-down management. The commissioner shall
implement a method of due process for all offenders with formal discipline proceedings.
new text end
new text begin Subd. 5. new text end
new text begin Mental health screening. new text end
new text begin
(a) If it is apparent that the inmate is exhibiting
serious symptoms of a mental illness that prevents the inmate from understanding or fully
participating in the disciplinary process, a mental health professional shall be consulted
regarding appropriate treatment and placement. For other inmates placed in a restrictive
setting, an inmate shall be screened by a health services staff member within 24 hours of
placement in a restrictive housing setting. If the screening indicates symptoms of a mental
illness, a qualified mental health professional shall be consulted regarding appropriate
treatment and placement. The health services staff member shall document any time an
inmate screens in for symptoms of a mental health illness and whether or not the health
services staff member connected with a mental health professional.
new text end
new text begin
(b) If mental health staff believe the inmate's behavior may be more appropriately treated
through alternative interventions or programming, or determine that the inmate's actions
were the result of mental illness, this information must be considered during the disciplinary
process.
new text end
new text begin Subd. 6. new text end
new text begin Mental health care within segregated housing. new text end
new text begin
A health services staff member
shall perform a daily wellness round in the restrictive housing setting. If a health services
staff member indicates symptoms of a mental illness, a qualified mental health professional
shall be consulted regarding appropriate treatment and placement.
new text end
new text begin Subd. 7. new text end
new text begin Incentives for return to the general population. new text end
new text begin
The commissioner shall
design and implement a system of incentives so that an inmate who demonstrates appropriate
behavior can earn additional privileges and an accelerated return to the general population.
new text end
new text begin Subd. 8. new text end
new text begin Discharge from segregated housing. new text end
new text begin
An inmate shall not be released into the
community directly from a stay in restrictive housing for 60 or more days absent a compelling
reason. In cases where there is a compelling reason, the commissioner of corrections or
deputy commissioner shall directly authorize the inmate's release into the community from
restrictive housing.
new text end
new text begin Subd. 9. new text end
new text begin Reporting. new text end
new text begin
(a) By January 15, 2020, and by January 15 each year thereafter,
the commissioner of corrections shall report to the chairs and ranking minority members
of the house of representatives and senate committees and divisions with jurisdiction over
public safety and judiciary on the status of the implementation of the provisions in this
section. This report shall include but not be limited to data regarding:
new text end
new text begin
(1) the number of inmates in each institution placed in restrictive housing during the
past year;
new text end
new text begin
(2) the ages of inmates placed in restrictive housing during the past year;
new text end
new text begin
(3) the number of inmates transferred from restrictive housing to the mental health unit;
new text end
new text begin
(4) disciplinary sanctions by infraction;
new text end
new text begin
(5) the lengths of terms served in restrictive housing, including terms served
consecutively; and
new text end
new text begin
(6) the number of inmates by race in restrictive housing.
new text end
new text begin
(b) The Department of Corrections shall submit a qualitative report detailing outcomes,
measures, and challenges to implementation of a step-down management program by April
1, 2020.
new text end
Sec. 20.
new text begin
[243.95] PRIVATE PRISON CONTRACTS PROHIBITED.
new text end
new text begin
The commissioner may not contract with privately owned and operated prisons for the
care, custody, and rehabilitation of offenders committed to the custody of the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
new text begin
[244.049] INDETERMINATE SENTENCE RELEASE BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; membership. new text end
new text begin
(a) The Indeterminate Sentence Release
Board is established to review eligible cases and make release decisions for inmates serving
indeterminate sentences under the authority of the commissioner.
new text end
new text begin
(b) The board shall consist of five members as follows:
new text end
new text begin
(1) four persons appointed by the governor from two recommendations of each of the
majority leaders and minority leaders of the house of representatives and the senate; and
new text end
new text begin
(2) the commissioner of corrections who shall serve as chair.
new text end
new text begin
(c) The members appointed from the legislative recommendations must meet the
following qualifications at a minimum:
new text end
new text begin
(1) a bachelor's degree;
new text end
new text begin
(2) five years of experience in corrections, a criminal justice or community corrections
field, rehabilitation programming, behavioral health, or criminal law; and
new text end
new text begin
(3) demonstrated knowledge of victim issues and correctional processes.
new text end
new text begin Subd. 2. new text end
new text begin Terms; compensation. new text end
new text begin
(a) Members of the board shall serve four-year staggered
terms except that the terms of the initial members of the board must be as follows:
new text end
new text begin
(1) two members must be appointed for terms that expire January 1, 2022; and
new text end
new text begin
(2) two members must be appointed for terms that expire January 1, 2024.
new text end
new text begin
(b) A member is eligible for reappointment.
new text end
new text begin
(c) Vacancies on the board shall be filled in the same manner as the initial appointments
under subdivision 1.
new text end
new text begin
(d) Member compensation and removal of members on the board shall be as provided
in section 15.0575.
new text end
new text begin Subd. 3. new text end
new text begin Quorum; administrative duties. new text end
new text begin
(a) The majority of members constitutes a
quorum.
new text end
new text begin
(b) The commissioner of corrections shall provide the board with all other personnel,
supplies, equipment, office space, and other administrative services necessary and incident
to the discharge of the functions of the board.
new text end
new text begin Subd. 4. new text end
new text begin Majority vote. new text end
new text begin
An inmate may not be placed on supervised release unless a
majority of the board members present vote in favor of the action.
new text end
new text begin Subd. 5. new text end
new text begin Limitation. new text end
new text begin
Nothing in this section supersedes the commissioner's authority
to revoke an inmate's release for a violation of the inmate's terms of release or impairs the
power of the Board of Pardons to grant a pardon or commutation in any case.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
On or before February 15 each year, the board shall submit to the
legislative committees with jurisdiction over criminal justice policy a written report detailing
the number of inmates reviewed and identifying persons granted release in the preceding
year. The report shall also include the board's recommendations for policy modifications
that influence the board's duties.
new text end
Sec. 22.
Minnesota Statutes 2018, section 244.05, subdivision 5, is amended to read:
Subd. 5.
Supervised release, life sentence.
(a) new text begin Upon a majority vote of the board
members present,new text end the deleted text begin commissioner of correctionsdeleted text end new text begin boardnew text end may, under rules promulgated by
the commissioner, give supervised release to an inmate serving a mandatory life sentence
under section 609.185, paragraph (a), clause (3), (5), or (6); 609.3455, subdivision 3 or 4;
609.385; or Minnesota Statutes 2004, section 609.109, subdivision 3, after the inmate has
served the minimum term of imprisonment specified in subdivision 4.
(b) The deleted text begin commissionerdeleted text end new text begin boardnew text end shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release decision
under this subdivision. The report shall reflect the sentiment of the various elements of the
community toward the inmate, both at the time of the offense and at the present time. The
report shall include the views of the sentencing judge, the prosecutor, any law enforcement
personnel who may have been involved in the case, and any successors to these individuals
who may have information relevant to the supervised release decision. The report shall also
include the views of the victim and the victim's family unless the victim or the victim's
family chooses not to participate.
(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of
the time and place of the inmate's supervised release review hearing. The victim has a right
to submit an oral or written statement at the review hearing. The statement may summarize
the harm suffered by the victim as a result of the crime and give the victim's recommendation
on whether the inmate should be given supervised release at this time. The deleted text begin commissionerdeleted text end new text begin
boardnew text end must consider the victim's statement when making the supervised release decision.
(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the deleted text begin commissionerdeleted text end new text begin boardnew text end shall consider,
at a minimum, the following: the risk the inmate poses to the community if released, the
inmate's progress in treatment, the inmate's behavior while incarcerated, psychological or
other diagnostic evaluations of the inmate, the inmate's criminal history, and any other
relevant conduct of the inmate while incarcerated or before incarceration. The deleted text begin commissionerdeleted text end new text begin
boardnew text end may not give supervised release to the inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment;
(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate that ensures that,
after release, the inmate will have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.
(e) As used in this subdivisiondeleted text begin ,deleted text end new text begin :
new text end
new text begin
(1) "board" means the Indeterminate Sentence Release Board under section 244.049;
and
new text end
new text begin (2)new text end "victim" means the individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving spouse or next of kin.
Sec. 23.
Minnesota Statutes 2018, section 299C.091, subdivision 5, is amended to read:
Subd. 5.
Removal of data from system.
Notwithstanding section 138.17, the bureau
shall destroy data entered into the system when three years have elapsed since the data were
entered into the system, except as otherwise provided in this subdivision. If the bureau has
information that the individual has been convicted as an adult, or has been adjudicated or
has a stayed adjudication as a juvenile for an offense that would be a crime if committed
by an adult, since entry of the data into the system, the data must be maintained until three
years have elapsed since the last record of a conviction or adjudication or stayed adjudication
of the individualdeleted text begin .deleted text end new text begin , except that if the individual is committed to the custody of the
commissioner of corrections and the commissioner documents activities meeting the criminal
gang identification criteria that take place while the individual is confined in a state
correctional facility, the three-year period begins after release from incarceration. new text end Upon
request of the law enforcement agency that submitted data to the system, the bureau shall
destroy the data regardless of whether three years have elapsed since the data were entered
into the system.
Sec. 24.
Minnesota Statutes 2018, section 631.412, is amended to read:
631.412 SAME SEX ESCORT FOR INMATES BEING TRANSFERRED.
new text begin (a) Except as provided in paragraph (b), new text end when a sheriff or other correctional officer has
custody of a person charged with or convicted of a crime and transfers that person more
than 100 miles, that sheriff or other correctional officer shall provide the transferee with a
custodial escort of the same sex as the transferee. A sheriff may employ, when the occasion
exists, a suitable person to carry out this section. The expenses of the person's employment
must be paid out of county funds not otherwise appropriated.
new text begin
(b) A sheriff or other correctional officer is not required to provide a same sex escort if:
(1) the vehicle used to transport the transferee has video and audio recording equipment
installed; (2) the vehicle's video and audio recording equipment is operational and positioned
to record the portion of the vehicle where the transferee is held during the transfer; and (3)
the video and audio equipment records the duration of the transfer. A recording of an inmate
transfer made under this paragraph must be maintained by the sheriff or agency employing
the correctional officer for at least 12 months after the date of the transfer.
new text end
Sec. 25.
new text begin
[641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Placement prohibited. new text end
new text begin
After August 1, 2019, a sheriff shall not allow
inmates committed to the custody of the sheriff to be housed in facilities that are not owned
and operated by a local government or a group of local units of government.
new text end
new text begin Subd. 2. new text end
new text begin Contracts prohibited. new text end
new text begin
The county board may not authorize the sheriff to
contract with privately owned and operated prisons for the care, custody, and rehabilitation
of offenders committed to the custody of the sheriff.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
new text begin
[641.061] LOCAL CORRECTIONAL OFFICERS DISCIPLINE
PROCEDURES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end
new text begin
(b) "Correctional officer" or "officer" means a person employed in a security capacity
by a local correctional or detention facility.
new text end
new text begin
(c) "Exclusive representative" means an employee organization which has been certified
by the commissioner of the Bureau of Mediation Services to meet and negotiate with an
employer on behalf of all employees in the appropriate unit.
new text end
new text begin
(d) "Formal statement" means the questioning of an officer in the course of obtaining a
recorded, stenographic, or signed statement to be used as evidence in a disciplinary
proceeding against the officer.
new text end
new text begin Subd. 2. new text end
new text begin Applicability. new text end
new text begin
This section applies to local correctional authorities.
new text end
new text begin Subd. 3. new text end
new text begin Formal statement; procedures. new text end
new text begin
A formal statement of a correctional officer
must be taken according to subdivisions 4 to 15.
new text end
new text begin Subd. 4. new text end
new text begin Place of formal statement. new text end
new text begin
A formal statement must be taken at a facility of
the employing or investigating agency or at a place agreed to by the investigating individual
and the investigated correctional officer and exclusive representative.
new text end
new text begin Subd. 5. new text end
new text begin Complaint. new text end
new text begin
A correctional officer's formal statement may not be taken unless
a written complaint signed by the complainant stating the complainant's knowledge is filed
with the employing or investigating agency and the correctional officer and exclusive
representative have been given a summary of the allegations.
new text end
new text begin Subd. 6. new text end
new text begin Witnesses; investigative reports. new text end
new text begin
Upon request, the investigating agency or
the correctional officer shall provide the other party with a list of witnesses the agency or
correctional officer expects to testify at an administrative hearing or arbitration authorized
to recommend, approve, or order discipline and the substance of the testimony. A party is
entitled to copies of any witness statements in the possession of the other party and an officer
is entitled to a copy of the investigating agency's investigative report, provided that any
references in a witness statement or investigative report that would reveal the identity of
confidential informants need not be disclosed except for good cause shown upon order of
the person presiding over the administrative hearing or arbitration.
new text end
new text begin Subd. 7. new text end
new text begin Sessions. new text end
new text begin
Sessions at which a formal statement is taken must be of reasonable
duration and must give the correctional officer reasonable periods for rest and personal
necessities. When practicable, sessions must be held during the correctional officer's regularly
scheduled work shift. If the session is not held during the correctional officer's regularly
scheduled work shift, the correctional officer must be paid by the employing agency at the
officer's current compensation rate for time spent attending the session. Notification of a
formal statement must also be provided to the correctional officer's exclusive representative
and the exclusive representative shall be allowed to be present during the session.
new text end
new text begin Subd. 8. new text end
new text begin Record. new text end
new text begin
A complete record of sessions at which a formal statement is taken
must be made by electronic recording or otherwise. A complete copy or transcript must be
provided to the correctional officer and the officer's exclusive representative without charge
or undue delay. The session may be recorded by the investigating officer and by the
correctional officer under investigation.
new text end
new text begin Subd. 9. new text end
new text begin Presence of attorney and union representative. new text end
new text begin
The correctional officer
whose formal statement is taken has the right to have a union representative or an attorney
retained by the officer, or both, present during the session. The correctional officer may
request the presence of a union representative, attorney, or both, at any time before or during
the session. When a request under this subdivision is made, no formal statement may be
taken until a reasonable opportunity is provided for the correctional officer to obtain the
presence of a union representative or attorney.
new text end
new text begin Subd. 10. new text end
new text begin Admissions. new text end
new text begin
Before an officer's formal statement is taken, the officer shall
be advised in writing or on the record that admissions made in the course of the formal
statement may be used as evidence of misconduct or as a basis for discipline.
new text end
new text begin Subd. 11. new text end
new text begin Disclosure of financial records. new text end
new text begin
No employer may require an officer to
produce or disclose the officer's personal financial records except pursuant to a valid search
warrant or subpoena.
new text end
new text begin Subd. 12. new text end
new text begin Release of photographs. new text end
new text begin
No local correctional facility or governmental unit
may publicly release photographs of an officer without the written permission of the officer,
except that the facility or unit may display a photograph of an officer to a prospective witness
as part of an agency or unit investigation.
new text end
new text begin Subd. 13. new text end
new text begin Disciplinary letter. new text end
new text begin
No disciplinary letter or reprimand may be included in
an officer's personnel record unless the officer has been given a copy of the letter or
reprimand.
new text end
new text begin Subd. 14. new text end
new text begin Retaliatory action prohibited. new text end
new text begin
No officer may be discharged, disciplined,
or threatened with discharge or discipline as retaliation for or solely by reason of the officer's
exercise of the rights provided by this section.
new text end
new text begin Subd. 15. new text end
new text begin Rights not reduced. new text end
new text begin
The rights of officers provided by this section are in
addition to and do not diminish the rights and privileges of officers that are provided under
an applicable collective bargaining agreement or any other applicable law.
new text end
Sec. 27.
Minnesota Statutes 2018, section 641.15, subdivision 3a, is amended to read:
Subd. 3a.
Intake procedure; approved mental health screening.
new text begin (a)new text end As part of its
intake procedure for new deleted text begin prisonersdeleted text end new text begin inmatesnew text end , the sheriff or local corrections shall use a mental
health screening tool approved by the commissioner of corrections in consultation with the
commissioner of human services and local corrections staff to identify persons who may
have mental illness.
new text begin
(b) Names of persons who have screened positive or may have a mental illness may be
shared with the local county social services agency. The jail may refer an offender to county
personnel of the welfare system, as defined in section 13.46, subdivision 1, paragraph (c),
in order to arrange for services upon discharge and may share private data on the offender
as necessary to:
new text end
new text begin
(1) provide assistance in filling out an application for medical assistance or
MinnesotaCare;
new text end
new text begin
(2) make a referral for case management as provided under section 245.467, subdivision
4;
new text end
new text begin
(3) provide assistance in obtaining a state photo identification;
new text end
new text begin
(4) secure a timely appointment with a psychiatrist or other appropriate community
mental health provider;
new text end
new text begin
(5) provide prescriptions for a 30-day supply of all necessary medications; or
new text end
new text begin
(6) coordinate behavioral health services.
new text end
new text begin
(c) Notwithstanding section 138.17, if an offender is referred to a government entity
within the welfare system pursuant to paragraph (b), and the offender refuses all services
from the entity, the entity must, within 15 days of the refusal, destroy all private data on
the offender that it created or received because of the referral.
new text end
Sec. 28. new text begin COORDINATED CRISIS RESPONSE PLAN.
new text end
new text begin
(a) By January 15, 2021, the commissioner of corrections shall develop and implement
a coordinated crisis response plan to support facility, central office, and field services staff.
new text end
new text begin
(b) In developing the response plan, the commissioner may consult with the Department
of Corrections Office of Special Investigations, the Department of Corrections Victim
Assistance Program, human resources offices, facility and field services administration,
peer support programs, county attorneys, victim witness coordinators, community based
victim advocates, the Crime Victim Reparations Board, employee assistance programs,
offices or organizations assisting with workers' compensation claims and benefits, mental
health services, central office administration, and supervisors.
new text end
new text begin
(c) To increase support to staff in crisis, the coordinated crisis response plan shall, at a
minimum, include the following:
new text end
new text begin
(1) a protocol establishing collaboration between the offices, services, and organizations
identified in paragraph (b);
new text end
new text begin
(2) a process to develop and implement individualized support plans based on the
identified needs of staff members in crisis;
new text end
new text begin
(3) identification or development of training on trauma-informed victim and crisis
response; and
new text end
new text begin
(4) a plan to implement training on trauma-informed victim and crisis response including
initial training, refresher courses, and training for new employees.
new text end
Sec. 29. new text begin PILOT PROGRAM TO ADDRESS MENTAL HEALTH IN
CORRECTIONAL FACILITIES.
new text end
new text begin Subdivision 1. new text end
new text begin Pilot program established. new text end
new text begin
The commissioner of corrections shall
establish and administer a pilot program in Minnesota Correctional Facility-Stillwater to
address mental health issues among correctional officers and inmates. The program shall
offer, at a minimum, support to correctional officers through skill refreshers, mental health
training and techniques, and mental health services. The program shall conduct, at a
minimum, mental health interventions for inmates and educate inmates on mental health
resources available to them. The pilot program is from July 1, 2019, to June 30, 2020.
new text end
new text begin Subd. 2. new text end
new text begin Report. new text end
new text begin
By October 1, 2020, the commissioner shall report to the legislative
committees with jurisdiction over corrections on the impact and outcomes of the program.
new text end
Sec. 30. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, section 401.13,
new text end
new text begin
is repealed.
new text end
ARTICLE 4
LAW ENFORCEMENT
Section 1.
Minnesota Statutes 2018, section 171.20, subdivision 4, is amended to read:
Subd. 4.
Reinstatement fee.
(a) Before the license is reinstated, (1) an individual whose
driver's license has been suspended under section 171.16, subdivisions 2 and 3; 171.175;
171.18; or 171.182, or who has been disqualified from holding a commercial driver's license
under section 171.165, and (2) an individual whose driver's license has been suspended
under section 171.186 and who is not exempt from such a fee, must pay a fee of $20.
(b) Before the license is reinstated, an individual whose license has been suspended
under sections 169.791 to 169.798 must pay a $20 reinstatement fee.
(c) When fees are collected by a licensing agent appointed under section 171.061, a
handling charge is imposed in the amount specified under section 171.061, subdivision 4.
The reinstatement fee and surcharge must be deposited in an approved state depository as
directed under section 171.061, subdivision 4.
deleted text begin
(d) Reinstatement fees collected under paragraph (a) for suspensions under sections
171.16, subdivision 3, and 171.18, subdivision 1, clause (10), must be deposited in the
special revenue fund and are appropriated to the Peace Officer Standards and Training Board
for peace officer training reimbursement to local units of government.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end A suspension may be rescinded without fee for good cause.
Sec. 2.
Minnesota Statutes 2018, section 171.26, subdivision 1, is amended to read:
Subdivision 1.
Driver services operating account.
All money received under this
chapter must be paid into the state treasury and credited to the driver services operating
account in the special revenue fund specified under sections 299A.705, except as provided
in subdivision 2; 171.06, subdivision 2a; 171.07, subdivision 11, paragraph (g); deleted text begin 171.20,
subdivision 4, paragraph (d);deleted text end and 171.29, subdivision 2, paragraph (b).
Sec. 3.
Minnesota Statutes 2018, section 357.021, subdivision 7, is amended to read:
Subd. 7.
Disbursement of surcharges by commissioner of management and
budget.
(a) Except as provided in paragraphs (b)deleted text begin , (c), anddeleted text end new text begin tonew text end (d), the commissioner of
management and budget shall disburse surcharges received under subdivision 6 and section
97A.065, subdivision 2, as follows:
(1) one percent shall be credited to the peace officer training account in the game and
fish fund to provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections 626.84 to 626.863, and who possess peace officer
authority for the purpose of enforcing game and fish laws;new text begin and
new text end
deleted text begin
(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and
deleted text end
deleted text begin (3) 60deleted text end new text begin (2) 99new text end percent shall be credited to the general fund.
(b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.
(c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit $47 of each surcharge received under subdivision 6
and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.
(d) If the Ramsey County Board of Commissioners authorizes imposition of the additional
$1 surcharge provided for in subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall transmit the surcharge to the commissioner of management
and budget. The $1 special surcharge is deposited in a Ramsey County surcharge account
in the special revenue fund and amounts in the account are appropriated to the trial courts
for the administration of the petty misdemeanor diversion program operated by the Second
Judicial District Ramsey County Violations Bureau.
Sec. 4.
new text begin
[611A.95] CERTIFICATIONS FOR VICTIMS OF CRIMES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following terms have the
meanings given:
new text end
new text begin
(1) "certifying entity" means a state or local law enforcement agency;
new text end
new text begin
(2) "criminal activity" means qualifying criminal activity pursuant to section
101(a)(15)(U)(iii) of the Immigration and Nationality Act, and includes the attempt,
conspiracy, or solicitation to commit such crimes; and
new text end
new text begin
(3) "certification" means any certification or statement required by federal immigration
law including, but not limited to, the information required by United States Code, title 8,
section 1184(p), and United States Code, title 8, section 1184(o), including current United
States Citizenship and Immigration Services Form I-918, Supplement B, and United States
Citizenship and Immigration Services Form I-914, Supplement B, and any successor forms.
new text end
new text begin Subd. 2. new text end
new text begin Certification process. new text end
new text begin
(a) A certifying entity shall process a certification
requested by a victim of criminal activity or a representative of the victim, including but
not limited to the victim's attorney, family member, or domestic violence or sexual assault
violence advocate, within the time period prescribed in paragraph (b).
new text end
new text begin
(b) A certifying entity shall process the certification within 60 days of request, unless
the victim is in removal proceedings, in which case the certification shall be processed
within 14 days of request. Requests for expedited certification must be affirmatively raised
at the time of the request.
new text end
new text begin
(c) An active investigation, the filing of charges, or a prosecution or conviction are not
required for the victim of criminal activity to request and obtain the certification.
new text end
new text begin Subd. 3. new text end
new text begin Certifying entity; designate agent. new text end
new text begin
(a) The head of a certifying entity shall
designate an agent to perform the following responsibilities:
new text end
new text begin
(1) timely process requests for certification;
new text end
new text begin
(2) provide outreach to victims of criminal activity to inform them of the entity's
certification process; and
new text end
new text begin
(3) keep a written or electronic record of all certification requests and responses.
new text end
new text begin
(b) All certifying entities shall implement a language access protocol for
non-English-speaking victims of criminal activity.
new text end
new text begin Subd. 4. new text end
new text begin Disclosure prohibited; data classification. new text end
new text begin
(a) A certifying entity is prohibited
from disclosing the immigration status of a victim of criminal activity or representative
requesting the certification, except to comply with federal law or legal process, or if
authorized by the victim of criminal activity or representative requesting the certification.
new text end
new text begin
(b) Data provided to a certifying entity under this section is classified as private data
pursuant to section 13.02, subdivision 12.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivisions 1, 2, and 4 are effective the day following final
enactment. Subdivision 3 is effective July 1, 2019.
new text end
Sec. 5.
new text begin
[626.19] USE OF UNMANNED AERIAL VEHICLES.
new text end
new text begin Subdivision 1. new text end
new text begin Application; definitions. new text end
new text begin
(a) This section applies to law enforcement
agencies that maintain, use, or plan to use an unmanned aerial vehicle in investigations, for
training, or in response to emergencies, incidents, and requests for service.
new text end
new text begin
(b) For purposes of this section, the following terms have the meanings given:
new text end
new text begin
(1) "law enforcement agency" has the meaning given in section 626.84, subdivision 1;
and
new text end
new text begin
(2) "unmanned aerial vehicle" or "UAV" means an aircraft that is operated without the
possibility of direct human intervention from within or on the aircraft.
new text end
new text begin Subd. 2. new text end
new text begin Use of unmanned aerial vehicles limited. new text end
new text begin
Except as provided in subdivision
3, a law enforcement agency may not operate a UAV without a search warrant issued under
this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Authorized use. new text end
new text begin
(a) A law enforcement agency may use a UAV during or
immediately after an emergency situation that involves the risk of death or serious physical
harm to a person.
new text end
new text begin
(b) A law enforcement agency may use a UAV over a public event where there is a
substantial risk to the safety of participants or bystanders. If a law enforcement agency
collects information under this paragraph, it must document each use, connect each
deployment to a unique case number, and provide a description of the facts giving rise to a
substantial risk.
new text end
new text begin
(c) A law enforcement agency may operate a UAV to counter a high risk of a terrorist
attack by a specific individual or organization if the agency determines that credible
intelligence indicates this risk.
new text end
new text begin
(d) A law enforcement agency may use a UAV to prevent the loss of life and property
in natural or man-made disasters and to facilitate the operational planning, rescue, and
recovery operations in the aftermath of these disasters.
new text end
new text begin
(e) A law enforcement agency may use a UAV for officer training purposes.
new text end
new text begin
(f) A law enforcement agency may operate a UAV for a non-law-enforcement purpose
at the request of a government entity, as defined in section 13.02, subdivision 7a, provided
that the government entity makes the request in writing and specifies the reason for the
request and proposed period of use.
new text end
new text begin Subd. 4. new text end
new text begin Limitations on use. new text end
new text begin
(a) A law enforcement agency operating a UAV must fully
comply with all Federal Aviation Administration requirements and guidelines.
new text end
new text begin
(b) The governing body overseeing the law enforcement agency must approve the
agency's acquisition of a UAV.
new text end
new text begin
(c) Unless specifically authorized in a warrant, a law enforcement agency must use a
UAV to collect data only on a clearly and narrowly defined target and avoid data collection
on individuals, homes, or areas other than the defined target.
new text end
new text begin
(d) A law enforcement agency may not deploy a UAV with facial recognition or other
biometric-matching technology unless expressly authorized by a warrant.
new text end
new text begin
(e) A law enforcement agency may not equip a UAV with weapons.
new text end
new text begin
(f) A law enforcement agency may not use a UAV to collect data on public protests or
demonstrations unless expressly authorized by a warrant or an exception applies under
subdivision 3. A law enforcement agency must document which exception applies or whether
a warrant was obtained.
new text end
new text begin Subd. 5. new text end
new text begin Access by data subjects. new text end
new text begin
An individual who is the subject of data collected
through use of a UAV has access to the data. If the individual requests a copy of the
recording, data on other individuals who do not consent to its release must be redacted from
the copy.
new text end
new text begin Subd. 6. new text end
new text begin Data classification; retention. new text end
new text begin
(a) Data collected by a UAV are private data
on individuals or nonpublic data, subject to the following:
new text end
new text begin
(1) UAV data may be disclosed as necessary in an emergency situation under subdivision
3, paragraph (a);
new text end
new text begin
(2) UAV data may be disclosed to the government entity making a request for UAV use
under subdivision 3, paragraph (f);
new text end
new text begin
(3) UAV data that are criminal investigative data are governed by section 13.82,
subdivision 7; and
new text end
new text begin
(4) UAV data that are not public data under other provisions of chapter 13 retain that
classification.
new text end
new text begin
(b) Section 13.04, subdivision 2, does not apply to data collected by a UAV.
new text end
new text begin
(c) Notwithstanding section 138.17, the data must be deleted by a UAV as soon as
possible, and in no event later than seven days after collection unless the data is part of an
active criminal investigation.
new text end
new text begin Subd. 7. new text end
new text begin Evidence. new text end
new text begin
Information obtained or collected by a law enforcement agency in
violation of this section is not admissible as evidence in a criminal, administrative, or civil
proceeding against the data subject.
new text end
new text begin Subd. 8. new text end
new text begin Remedies. new text end
new text begin
An aggrieved party may initiate a civil action against a law
enforcement agency to obtain all appropriate relief to prevent or remedy a violation of this
section, including remedies available under chapter 13.
new text end
new text begin Subd. 9. new text end
new text begin Written policies required. new text end
new text begin
The chief officer of every state and local law
enforcement agency that uses or plans to use a UAV must establish and enforce a written
policy governing UAV use. The agency must post the written policy on its website if the
agency has a website.
new text end
new text begin Subd. 10. new text end
new text begin Notice; disclosure of warrant. new text end
new text begin
(a) Within a reasonable time but not later than
90 days after the court unseals a warrant under this subdivision, the issuing or denying judge
shall cause to be served on the persons named in the warrant and the application an inventory
that shall include notice of:
new text end
new text begin
(1) the fact of the issuance of the warrant or the application;
new text end
new text begin
(2) the date of the issuance and the period of authorized, approved, or disapproved
collection of information, or the denial of the application; and
new text end
new text begin
(3) the fact that during the period information was or was not collected.
new text end
new text begin
(b) A warrant authorizing collection of information with a UAV must direct that:
new text end
new text begin
(1) the warrant be sealed for a period of 90 days or until the objective of the warrant has
been accomplished, whichever is shorter; and
new text end
new text begin
(2) the warrant be filed with the court administrator within ten days of the expiration of
the warrant.
new text end
new text begin
(c) The prosecutor may request that the warrant, supporting affidavits, and any order
granting the request not be filed. An order must be issued granting the request in whole or
in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable
grounds exist to believe that filing the warrant may cause the search or a related search to
be unsuccessful, create a substantial risk of injury to an innocent person, or severely hamper
an ongoing investigation.
new text end
new text begin
(d) The warrant must direct that following the commencement of any criminal proceeding
using evidence obtained in or as a result of the search, the supporting application or affidavit
must be filed either immediately or at any other time as the court directs. Until such filing,
the documents and materials ordered withheld from filing must be retained by the judge or
the judge's designee.
new text end
new text begin Subd. 11. new text end
new text begin Reporting. new text end
new text begin
(a) By January 15 of each year, each law enforcement agency that
deploys a UAV shall report to the commissioner of public safety the following information
for the preceding calendar year:
new text end
new text begin
(1) the number of times a UAV was deployed, organized by the types of incidents and
the types of justification for deployment;
new text end
new text begin
(2) the number of criminal investigations aided by the deployment of UAVs;
new text end
new text begin
(3) the number of deployments of UAVs for reasons other than criminal investigations;
and
new text end
new text begin
(4) the total cost of the agency's UAV program.
new text end
new text begin
(b) By June 15 of each year, the commissioner of public safety shall compile a full and
complete report summarizing the information submitted to the commissioner under paragraph
(a), and submit the report to the chairs and ranking minority members of the senate and
house of representatives committees having jurisdiction over criminal justice and public
safety issues and make the report public on the department's website.
new text end
new text begin
(c) By January 15 of each year, any judge who has issued a warrant under this section
that expired during the preceding year, or who has denied approval during that year, shall
report to the state court administrator:
new text end
new text begin
(1) the fact that a warrant or extension was applied for;
new text end
new text begin
(2) the kind of warrant or extension applied for;
new text end
new text begin
(3) the fact that the warrant or extension was granted as applied for, was modified, or
was denied;
new text end
new text begin
(4) the period of UAV use authorized by the warrant and the number and duration of
any extensions of the warrant;
new text end
new text begin
(5) the offense specified in the warrant or application or extension of a warrant; and
new text end
new text begin
(6) the identity of the law enforcement agency making the application and the person
authorizing the application.
new text end
new text begin
(d) By June 15 of each year, the state court administrator shall transmit to the chairs and
ranking minority members of the senate and house of representatives committees having
jurisdiction over criminal justice and public safety issues and post on the supreme court's
website a full and complete report concerning the number of applications for warrants
authorizing or approving operation of UAVs or disclosure of information from the operation
of UAVs under this section and the number of warrants and extensions granted or denied
under this section during the preceding calendar year. The report must include a summary
and analysis of the data required to be filed with the state court administrator by paragraph
(c).
new text end
Sec. 6.
Minnesota Statutes 2018, section 626.841, is amended to read:
626.841 BOARD; MEMBERS.
The Board of Peace Officer Standards and Training shall be composed of the following
deleted text begin 15deleted text end new text begin 17new text end members:
(1) two members to be appointed by the governor from among the county sheriffs in
Minnesota;
(2) four members to be appointed by the governor from among peace officers in
Minnesota municipalities, at least two of whom shall be chiefs of police;
(3) two members to be appointed by the governor from among peace officers, at least
one of whom shall be a member of the Minnesota State Patrol Association;
(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;
(5) two members appointed by the governor from among peace officers, or former peace
officers, who are currently employed on a full-time basis in a professional peace officer
education program;
(6) two members to be appointed by the governor, one member to be appointed from
among administrators of Minnesota colleges or universities that offer professional peace
officer education, and one member to be appointed from among the elected city officials in
statutory or home rule charter cities of under 5,000 population outside the metropolitan
area, as defined in section 473.121, subdivision 2; and
(7) deleted text begin twodeleted text end new text begin fournew text end members appointed by the governor from among the general publicnew text begin , of
which at least one member must be a representative of a statewide crime victim coalition
and at least two members must be residents of a county other than a metropolitan county
as defined in section 473.121, subdivision 4new text end .
A chair shall be appointed by the governor from among the members. In making
appointments the governor shall strive to achieve representation from among the geographic
areas of the state.
Sec. 7.
new text begin
[626.8433] EYEWITNESS IDENTIFICATION POLICIES REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Statewide model policy required. new text end
new text begin
By November 1, 2019, the board, in
consultation with stakeholders, shall develop a model policy that articulates best practices
for eyewitness identification and promotes uniform practices statewide. The board shall
distribute this model policy to all chief law enforcement officers. At a minimum, the policy
must require that:
new text end
new text begin
(1) a person administering a lineup be unaware of the suspect's identity, or, if that is not
practical, the person be shielded so as to prevent the person from seeing which lineup
member is being viewed by the eyewitness;
new text end
new text begin
(2) before the procedure, the eyewitness be instructed that the perpetrator may or may
not be in the lineup;
new text end
new text begin
(3) nonsuspect "fillers" used in the lineup match the eyewitness's description of the
perpetrator; and
new text end
new text begin
(4) immediately after an identification is made, the eyewitness provide a statement in
the eyewitness's own words that articulates the level of the eyewitness's confidence in the
identification.
new text end
new text begin Subd. 2. new text end
new text begin Agency policies required. new text end
new text begin
By February 1, 2020, the chief law enforcement
officers of every state and local law enforcement agency shall adopt and implement a written
policy on eyewitness identification practices that is identical or substantially similar to the
model policy developed under subdivision 1.
new text end
Sec. 8.
new text begin
[626.8435] PEACE OFFICER COMMUNITY POLICING EXCELLENCE
DATA.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
The purpose of this section is:
new text end
new text begin
(1) to create data profiles for stakeholders to conduct needs assessments and make
appropriate recommendations to drive improvements in police effectiveness, efficiency,
training, supervision, procedural justice, accountability, and community relations;
new text end
new text begin
(2) for police departments to more effectively manage their risks and improve
transparency; and
new text end
new text begin
(3) for community members and advocates, as well as policy-makers, decision-makers,
and funders to have access to accurate relevant information to help improve policing practices
in Minnesota.
new text end
new text begin Subd. 2. new text end
new text begin Annual data; submission. new text end
new text begin
(a) Beginning January 15, 2020, and annually
thereafter, the chief law enforcement officer of a law enforcement agency that receives
grants from the Peace Officers Standards and Training Board for peace officer training
assistance under article 1, section 4, subdivision 4, shall submit the following data regarding
peace officers employed by the law enforcement agency in the previous calendar year to
the Bureau of Criminal Apprehension:
new text end
new text begin
(1) the unique identifier of an employed peace officer;
new text end
new text begin
(2) the existence and status of a complaint made against an employed peace officer
including:
new text end
new text begin
(i) the peace officer's unique identifier;
new text end
new text begin
(ii) the nature of the complaint;
new text end
new text begin
(iii) whether the complaint was filed by a member of the public, a law enforcement
agency, or another source;
new text end
new text begin
(iv) whether the complaint resulted in disciplinary action;
new text end
new text begin
(v) the final disposition of a complaint when disciplinary action was taken including:
new text end
new text begin
(A) the specific reason for the action taken; and
new text end
new text begin
(B) data documenting the basis of the action taken, except that data that would identify
confidential sources who are employees of the public body shall not be disclosed; and
new text end
new text begin
(vi) the final disposition of any complaint:
new text end
new text begin
(A) determined to be unfounded or otherwise not sustained;
new text end
new text begin
(B) for which a peace officer was later exonerated; or
new text end
new text begin
(C) which resulted in a nondisciplinary resolution including, but not limited to, employee
counseling;
new text end
new text begin
(3) the unique identifier of any peace officer pending criminal prosecution, excluding
traffic violations;
new text end
new text begin
(4) the unique identifier of any peace officer who was terminated due to substantiated
findings of officer misconduct and a summary of the basis for that termination; and
new text end
new text begin
(5) the unique identifier of any peace officer, other than one terminated for performance
issues during a probationary period, whose employment was terminated by resignation in
lieu of termination as a result of officer misconduct, and a summary of the basis for the
action.
new text end
new text begin
(b) For purposes of this section "complaint" means all allegations involving:
new text end
new text begin
(1) public-reported misconduct;
new text end
new text begin
(2) excessive force;
new text end
new text begin
(3) the integrity or truthfulness of an officer;
new text end
new text begin
(4) violations of the law; and
new text end
new text begin
(5) sexual misconduct or harassment.
new text end
new text begin
(c) The reporting requirements in paragraph (a) are in addition to any other officer
discipline reporting requirements established in law.
new text end
new text begin Subd. 3. new text end
new text begin Data storage and access. new text end
new text begin
(a) The Bureau of Criminal Apprehension may store
the data collected under this section on the agency's servers.
new text end
new text begin
(b) The Peace Officers Standards and Training Board must have direct access to the data
collected under this section.
new text end
new text begin Subd. 4. new text end
new text begin Updated data. new text end
new text begin
Within 30 days of final disposition of a complaint, as defined
in section 13.43, subdivision 2, paragraph (b), the chief law enforcement officer of the law
enforcement agency that employs the officer shall submit a supplemental report containing
the information identified in subdivision 2, paragraph (a), clauses (2) to (5).
new text end
new text begin Subd. 5. new text end
new text begin Confidentiality agreement prohibited. new text end
new text begin
Law enforcement agencies and political
subdivisions are prohibited from entering into a confidentiality agreement that would prevent
disclosure of the data identified in subdivision 2 to the board. Any such confidentiality
agreement is void as to the requirements of this section.
new text end
new text begin Subd. 6. new text end
new text begin Data classification. new text end
new text begin
Data received by the board pursuant to subdivisions 2 and
3 is private data on individuals as defined in section 13.02, subdivision 12. This classification
does not restrict the board's authority to publish summary data as defined in section 13.02,
subdivision 19.
new text end
new text begin Subd. 7. new text end
new text begin Penalty for noncompliance. new text end
new text begin
For agencies that receive peace officer training
reimbursements from the Police Officer Standards and Training Board under article 1,
section 4, subdivision 4, substantial noncompliance with the reporting requirements of
subdivisions 2 and 3 shall serve as a bar to further reimbursements under article 1, section
4, subdivision 4, , and the board may require the agency to refund the state for grants received
during the period of noncompliance. For purposes of this section, "substantial
noncompliance" means a failure to (1) meet the deadlines established in subdivisions 2 and
3, and (2) respond to two subsequent requests from the board.
new text end
new text begin Subd. 8. new text end
new text begin Board report. new text end
new text begin
At least annually, the board shall publish a summary of data
submitted pursuant to subdivisions 1 and 2. The summary shall be available on the board's
website and shall be included in any written publication reporting board activities. The
summary shall exclude peace officers' names and license numbers and any other not public
data as defined by section 13.02, subdivision 8a.
new text end
Sec. 9.
new text begin
[626.8474] INVESTIGATING SEXUAL ASSAULT CASES; POLICIES
REQUIRED.
new text end
new text begin
(a) By January 1, 2020, the chief law enforcement officer of every state and local law
enforcement agency must develop, adopt, and implement a written policy governing the
investigation of sexual assault cases within the agency. In the development of a policy, each
law enforcement agency shall consult with local sexual assault counselors, domestic abuse
advocates, community organizations, and other law enforcement agencies with expertise
in the recognition and handling of sexual assault cases. A law enforcement agency may
adopt the model policy created by the board in lieu of developing its own policy under this
provision. At a minimum, a law enforcement policy must address each of the procedures
covered in the board's model policy. The chief law enforcement officer must ensure that
each peace officer investigating a sexual assault case follows the agency's policy.
new text end
new text begin
(b) Every state and local law enforcement agency must certify to the board by January
1, 2020, that it has adopted a written policy in compliance with this subdivision.
new text end
new text begin
(c) The board must assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing policies under this subdivision.
new text end
new text begin
(d) The board may impose licensing sanctions and seek injunctive relief under section
214.11 for failure to adopt a policy in compliance with the requirements of this section.
new text end
Sec. 10.
Minnesota Statutes 2018, section 626.93, subdivision 3, is amended to read:
Subd. 3.
Concurrent jurisdiction.
If the requirements of subdivision 2 are met deleted text begin and the
tribe enters into a cooperative agreement pursuant to subdivision 4deleted text end , the tribe deleted text begin shall havedeleted text end new text begin hasnew text end
concurrent jurisdictional authority under this section with the local county sheriff within
the geographical boundaries of the tribe's reservation to enforce state criminal law.
Sec. 11.
Minnesota Statutes 2018, section 626.93, subdivision 4, is amended to read:
Subd. 4.
Cooperative agreements.
In order to coordinate, define, and regulate the
provision of law enforcement services and to provide for mutual aid and cooperation,
governmental units and the tribe deleted text begin shalldeleted text end new text begin maynew text end enter into agreements under section 471.59. For
the purposes of entering into these agreements, the tribe deleted text begin shall bedeleted text end new text begin isnew text end considered a
"governmental unit" as that term is defined in section 471.59, subdivision 1.
Sec. 12. new text begin PEACE OFFICER EXCELLENCE TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; purpose. new text end
new text begin
There is established a Peace Officer Excellence
Task Force. The purpose of the task force is to study the laws, rules, contracts, and policies
that govern the employer-employee relationship between political subdivisions and peace
officers.
new text end
new text begin Subd. 2. new text end
new text begin Members. new text end
new text begin
(a) The task force must consist of:
new text end
new text begin
(1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end
new text begin
(2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end
new text begin
(3) the attorney general, or a designee;
new text end
new text begin
(4) the executive director of the Minnesota Peace Officer Standards and Training Board,
or a designee;
new text end
new text begin
(5) the commissioner of public safety, or a designee;
new text end
new text begin
(6) the commissioner of the Minnesota Bureau of Mediation Services;
new text end
new text begin
(7) one representative from the Minnesota Chiefs of Police Association;
new text end
new text begin
(8) one representative from the Minnesota Sheriffs Association;
new text end
new text begin
(9) two representatives from the Minnesota Peace and Police Officers Association, one
of whom must be employed by a law enforcement agency located outside of the seven-county
metropolitan area;
new text end
new text begin
(10) one representative from the League of Minnesota Cities;
new text end
new text begin
(11) one representative from the Association of Minnesota Counties;
new text end
new text begin
(12) two representatives from organized labor, including at least one representative of
an organization comprised of peace officers; and
new text end
new text begin
(13) two members of the public appointed by the governor.
new text end
new text begin
(b) Unless otherwise specified, members will be appointed by the commissioner of
public safety. Appointments must be made no later than July 1, 2019. Members of the task
force shall not be compensated or receive reimbursement for expenses, except for
compensation or expense reimbursements received in the member's ordinary scope of
employment.
new text end
new text begin
(c) Vacancies shall be filled by the appointing authority consistent with the requirements
of the position that becomes open.
new text end
new text begin Subd. 3. new text end
new text begin Organization. new text end
new text begin
(a) The executive director of the Peace Officer Standards and
Training Board shall convene the first meeting of the task force no later than August 1,
2019.
new text end
new text begin
(b) The members of the task force may elect a chair and other officers as the members
deem necessary.
new text end
new text begin
(c) The task force shall meet at least monthly, with one meeting devoted to collecting
input from the public and local units of government that employ peace officers.
new text end
new text begin Subd. 4. new text end
new text begin Staff. new text end
new text begin
The executive director of the Peace Officer Standards and Training Board
shall provide support staff, office space, and administrative services for the task force.
new text end
new text begin Subd. 5. new text end
new text begin Open meetings. new text end
new text begin
Except as otherwise provided in this section, the task force is
subject to Minnesota Statutes, chapter 13D. A meeting of the task force occurs when a
quorum is present and the members receive information, discuss, or take action on any
matter relating to the duties of the task force. The task force may conduct meetings as
provided in Minnesota Statutes, section 13D.015 or 13D.02. The task force may conduct
meetings at any location in the state that is appropriate for the purposes of the task force as
long as the location is open and accessible to the public. For legislative members of the task
force, enforcement of this subdivision is governed by Minnesota Statutes, section 3.055,
subdivision 2. For nonlegislative members of the task force, enforcement of this subdivision
is governed by Minnesota Statutes, section 13D.06, subdivisions 1 and 2.
new text end
new text begin Subd. 6. new text end
new text begin Duties of task force. new text end
new text begin
The task force must review, assess, and make
recommendations for reforms to the laws, rules, contracts, and policies that govern the
employer-employee relationship between political subdivisions and peace officers. In
formulating recommendations, the task force must seek to balance the employment rights
of peace officers and the need for chief law enforcement officers and political subdivisions
to maintain the integrity and excellence of peace officers they employ.
new text end
new text begin Subd. 7. new text end
new text begin Report and recommendations. new text end
new text begin
By January 15, 2020, the task force shall
prepare and submit to the chairs and ranking minority members of the committees and
divisions of the house of representatives and senate with jurisdiction over public safety and
labor and employment a report that summarizes the activities of the task force, issues
identified by the task force, reform recommendations to address the issues, and
recommendations for legislative action, if needed.
new text end
new text begin Subd. 8. new text end
new text begin Expiration. new text end
new text begin
The task force expires upon submission of the report required by
subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 5
SEXUAL OFFENDERS
Section 1.
Minnesota Statutes 2018, section 609.341, subdivision 10, is amended to read:
Subd. 10.
new text begin Current or recent new text end position of authority.
"new text begin Current or recent new text end position of
authority" includes but is not limited to any person who is a parent or acting in the place of
a parent and charged withnew text begin or assumesnew text end any of a parent's rights, duties or responsibilities to
a child, or a person who is charged withnew text begin or assumesnew text end any duty or responsibility for the health,
welfare, or supervision of a child, either independently or through another, no matter how
brief, at the time ofnew text begin or within 120 days immediately precedingnew text end the act. For the purposes of
subdivision 11, "position of authority" includes a psychotherapist.new text begin For the purposes of
sections 609.344, subdivision 1, paragraph (e), clause (2), and 609.345, subdivision 1,
paragraph (e), clause (2), the term extends to a person having the described authority over
a student in a secondary school who is at least 16 but less than 21 years of age under the
circumstances described in those two clauses.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2018, section 609.341, subdivision 11, is amended to read:
Subd. 11.
Sexual contact.
(a) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e), and (h) to
(o), includes any of the following acts committed without the complainant's consent, except
in those cases where consent is not a defense, and committed with sexual or aggressive
intent:
(i) the intentional touching by the actor of the complainant's intimate parts, or
(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate
parts effected by a person in a new text begin current or recent new text end position of authority, or by coercion, or by
inducement if the complainant is under 13 years of age or mentally impaired, or
(iii) the touching by another of the complainant's intimate parts effected by coercion or
by a person in a new text begin current or recent new text end position of authority, or
(iv) in any of the cases above, the touching of the clothing covering the immediate area
of the intimate parts, or
(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's
body or the clothing covering the complainant's body.
(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g)
and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate
parts;
(iii) the touching by another of the complainant's intimate parts;
(iv) in any of the cases listed above, touching of the clothing covering the immediate
area of the intimate parts; or
(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's
body or the clothing covering the complainant's body.
(c) "Sexual contact with a person under 13" means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with
sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening
of the actor's or another's bare genitals or anal opening with sexual or aggressive intent.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2018, section 609.341, subdivision 12, is amended to read:
Subd. 12.
Sexual penetration.
"Sexual penetration" means any of the following acts
committed without the complainant's consent, except in those cases where consent is not a
defense, whether or not emission of semen occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion however slight into the genital or anal openings:
(i) of the complainant's body by any part of the actor's body or any object used by the
actor for this purpose;
(ii) of the complainant's body by any part of the body of the complainant, by any part
of the body of another person, or by any object used by the complainant or another person
for this purpose, when effected by a person in a new text begin current or recent new text end position of authority, or
by coercion, or by inducement if the child is under 13 years of age or mentally impaired;
or
(iii) of the body of the actor or another person by any part of the body of the complainant
or by any object used by the complainant for this purpose, when effected by a person in a
new text begin current or recent new text end position of authority, or by coercion, or by inducement if the child is under
13 years of age or mentally impaired.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2018, section 609.341, is amended by adding a subdivision to
read:
new text begin Subd. 24. new text end
new text begin Secondary school. new text end
new text begin
For the purposes of sections 609.344 and 609.345,
"secondary school" means a public or nonpublic school, church or religious organization,
or home school where a student may legally fulfill the compulsory instruction requirements
of section 120A.22.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2018, section 609.341, is amended by adding a subdivision to
read:
new text begin Subd. 25. new text end
new text begin Independent contractor. new text end
new text begin
For the purposes of sections 609.344 and 609.345,
"independent contractor" means any person who contracts with or is a volunteer for a
secondary school or any person employed by a business which contracts with a secondary
school.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2018, section 609.342, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual penetration with another
person, or in sexual contact with a person under 13 years of age as defined in section 609.341,
subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the first degree if any
of the following circumstances exists:
(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(b) the complainant is at least 13 years of age but less than 16 years of age and the actor
is more than 48 months older than the complainant and in anew text begin current or recentnew text end position of
authority over the complainant. Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;
(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:
(i) the actor uses force or coercion to accomplish deleted text begin sexual penetrationdeleted text end new text begin the actnew text end ; or
(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(f) the actor is aided or abetted by one or more accomplices within the meaning of section
609.05, and either of the following circumstances exists:
(i) an accomplice uses force or coercion to cause the complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;
(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the deleted text begin sexual penetrationdeleted text end new text begin actnew text end . Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense; or
(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the deleted text begin sexual penetrationdeleted text end new text begin actnew text end , and:
(i) the actor or an accomplice used force or coercion to accomplish the deleted text begin penetrationdeleted text end new text begin actnew text end ;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2018, section 609.343, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual contact with another
person is guilty of criminal sexual conduct in the second degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this clause, the state is not required to
prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant and in anew text begin current or recentnew text end position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the dangerous weapon to cause the complainant to submit;
(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:
(i) the actor uses force or coercion to accomplish the sexual contact; or
(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(f) the actor is aided or abetted by one or more accomplices within the meaning of section
609.05, and either of the following circumstances exists:
(i) an accomplice uses force or coercion to cause the complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;
(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense; or
(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2018, section 609.344, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual penetration with another
person is guilty of criminal sexual conduct in the third degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
24 months older than the complainant. In any such case if the actor is no more than deleted text begin 120deleted text end new text begin 36new text end
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. consent by the complainant is not a defense;
(c) the actor uses force or coercion to accomplish the penetration;
(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(e)new text begin (1)new text end the complainant is at least 16 but less than 18 years of age and the actor is more
than 48 months older than the complainant and in anew text begin current or recentnew text end position of authority
over the complainantnew text begin , or (2) the complainant is at least 16 years of age but less than 21 years
of age and a student in a secondary school who has not graduated and received a diploma
and the actor is an employee or independent contractor of the secondary school and in a
current or recent position of authority over the complainantnew text end . Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;
(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual penetration occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
(k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;
(l) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
(i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the actor
in private; or
(ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;
(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant. Consent
by the complainant is not a defense; deleted text begin or
deleted text end
(o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those services
for the complainantdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(p) the actor is a peace officer, as defined in section 626.84, and the peace officer
physically or constructively restrains the complainant or the complainant does not reasonably
feel free to leave the peace officer's presence. Consent by the complainant is not a defense.
This paragraph does not apply to any penetration of the mouth, genitals, or anus during a
lawful search.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2018, section 609.345, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual contact with another
person is guilty of criminal sexual conduct in the fourth degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant or in anew text begin current or recentnew text end position of authority over
the complainant. Consent by the complainant to the act is not a defense. deleted text begin In any such case,
if the actor is no more than 120 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases,deleted text end new text begin Neither new text end mistake
as to the complainant's age deleted text begin shall not bedeleted text end new text begin nor consent to the act by the complainant shall benew text end
a defense;
(c) the actor uses force or coercion to accomplish the sexual contact;
(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(e)new text begin (1)new text end the complainant is at least 16 but less than 18 years of age and the actor is more
than 48 months older than the complainant and in anew text begin current or recentnew text end position of authority
over the complainantnew text begin , or (2) the complainant is at least 16 years of age but less than 21 years
of age and a student in a secondary school who has not graduated and received a diploma
and the actor is an employee or independent contractor of the secondary school and in a
current or recent position of authority over the complainantnew text end . Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to
the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;
(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual contact occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual contact occurred by means of therapeutic deception. Consent by the complainant
is not a defense;
(k) the actor accomplishes the sexual contact by means of deception or false representation
that the contact is for a bona fide medical purpose. Consent by the complainant is not a
defense;
(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
(i) the sexual contact occurred during the course of a meeting in which the complainant
sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual contact occurred during a period of time in which the complainant was
meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;
(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense; deleted text begin or
deleted text end
(o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual contact occurred during or immediately
before or after the actor performed or was hired to perform one of those services for the
complainantdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(p) the actor is a peace officer, as defined in section 626.84, and the peace officer
physically or constructively restrains the complainant or the complainant does not reasonably
feel free to leave the peace officer's presence. Consent by the complainant is not a defense.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2018, section 609.3451, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person is guilty of criminal sexual conduct in the fifth
degree:
(1) if the person engages in nonconsensual sexual contact; or
(2) the person engages in masturbation or lewd exhibition of the genitals in the presence
of a minor under the age of 16, knowing or having reason to know the minor is present.
For purposes of this section, "sexual contact" has the meaning given in section 609.341,
subdivision 11, paragraph (a), clauses (i), (iv), and (v)deleted text begin , but does not include the intentional
touching of the clothing covering the immediate area of the buttocksdeleted text end . Sexual contact also
includes the intentional removal or attempted removal of clothing covering the complainant's
intimate parts or undergarments, and the nonconsensual touching by the complainant of the
actor's intimate parts, effected by the actor, if the action is performed with sexual or
aggressive intent.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2018, section 617.246, subdivision 2, is amended to read:
Subd. 2.
Use of minor.
It is unlawful for a person to promote, employ, use or permit a
minor to engage in or assist others to engage minors in posing or modeling alone or with
others in any sexual performance or pornographic work if the person knows or has reason
to know that the conduct intended is a sexual performance or a pornographic work.
Any person who violates this subdivision is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text begin tendeleted text end new text begin 15new text end years or to payment of a fine of not more than $20,000
for the first offense and $40,000 for a second or subsequent offense, or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2018, section 617.246, subdivision 3, is amended to read:
Subd. 3.
Operation or ownership of business.
A person who owns or operates a business
in which a pornographic work, as defined in this section, is disseminated to an adult or a
minor or is reproduced, and who knows the content and character of the pornographic work
disseminated or reproduced, is guilty of a felony and may be sentenced to imprisonment
for not more than deleted text begin tendeleted text end new text begin 15new text end years, or to payment of a fine of not more than $20,000 for the first
offense and $40,000 for a second or subsequent offense, or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2018, section 617.246, subdivision 4, is amended to read:
Subd. 4.
Dissemination.
A person who, knowing or with reason to know its content and
character, disseminates for profit to an adult or a minor a pornographic work, as defined in
this section, is guilty of a felony and may be sentenced to imprisonment for not more than
deleted text begin tendeleted text end new text begin 15new text end years, or to payment of a fine of not more than $20,000 for the first offense and
$40,000 for a second or subsequent offense, or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2018, section 617.246, subdivision 7, is amended to read:
Subd. 7.
Conditional release term.
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for deleted text begin fivedeleted text end new text begin tennew text end years. If the person
has previously been convicted of a violation of this section, section 609.342, 609.343,
609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United
States, this state, or any state, the commissioner shall place the person on conditional release
for deleted text begin tendeleted text end new text begin 15new text end years. The terms of conditional release are governed by section 609.3455,
subdivision 8.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2018, section 617.246, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Mandatory minimum sentence. new text end
new text begin
A person convicted under this section must
serve a minimum of six months of incarceration. If the person has a prior conviction under
this section or section 617.247, or is required to register as a predatory offender, the person
must serve a minimum of 12 months of incarceration.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2018, section 617.247, subdivision 3, is amended to read:
Subd. 3.
Dissemination prohibited.
(a) A person who disseminates pornographic work
to an adult or a minor, knowing or with reason to know its content and character, is guilty
of a felony and may be sentenced to imprisonment for not more than deleted text begin sevendeleted text end new text begin tennew text end years and a
fine of not more than $10,000 for a first offense and for not more than deleted text begin 15deleted text end new text begin 20new text end years and a
fine of not more than $20,000 for a second or subsequent offense.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text begin 15deleted text end new text begin 20new text end years if the violation occurs when the person is a
registered predatory offender under section 243.166.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2018, section 617.247, subdivision 4, is amended to read:
Subd. 4.
Possession prohibited.
(a) A person who possesses a pornographic work or a
computer disk or computer or other electronic, magnetic, or optical storage system or a
storage system of any other type, containing a pornographic work, knowing or with reason
to know its content and character, is guilty of a felony and may be sentenced to imprisonment
for not more than deleted text begin fivedeleted text end new text begin sevennew text end years and a fine of not more than deleted text begin $5,000deleted text end new text begin $7,500new text end for a first
offense and for not more than deleted text begin tendeleted text end new text begin 15new text end years and a fine of not more than deleted text begin $10,000deleted text end new text begin $15,000new text end for
a second or subsequent offense.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text begin tendeleted text end new text begin 15new text end years if the violation occurs when the person is a
registered predatory offender under section 243.166.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2018, section 617.247, subdivision 9, is amended to read:
Subd. 9.
Conditional release term.
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for deleted text begin fivedeleted text end new text begin tennew text end years. If the person
has previously been convicted of a violation of this section, section 609.342, 609.343,
609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United
States, this state, or any state, the commissioner shall place the person on conditional release
for deleted text begin tendeleted text end new text begin 15new text end years. The terms of conditional release are governed by section 609.3455,
subdivision 8.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2018, section 617.247, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Mandatory minimum sentence. new text end
new text begin
A person convicted under this section must
serve a minimum of six months of incarceration. If the person has a prior conviction under
this section or section 617.246, or is required to register as a predatory offender, the person
must serve a minimum of 12 months of incarceration.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 20.
Minnesota Statutes 2018, section 626.556, subdivision 2, is amended to read:
Subd. 2.
Definitions.
As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:
(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence
or event which:
(1) is not likely to occur and could not have been prevented by exercise of due care; and
(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance with
the laws and rules relevant to the occurrence or event.
(b) "Commissioner" means the commissioner of human services.
(c) "Facility" means:
(1) a licensed or unlicensed day care facility, certified license-exempt child care center,
residential facility, agency, hospital, sanitarium, or other facility or institution required to
be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter
144H, 245D, or 245H;
(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E;
or
(3) a nonlicensed personal care provider organization as defined in section 256B.0625,
subdivision 19a.
(d) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a child
maltreatment report that does not allege sexual abuse or substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family members
and the risk of subsequent maltreatment.
(e) "Investigation" means fact gathering related to the current safety of a child and the
risk of subsequent maltreatment that determines whether child maltreatment occurred and
whether child protective services are needed. An investigation must be used when reports
involve sexual abuse or substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under
sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05,
subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider
association as defined in section 256B.0625, subdivision 19a.
(f) "Mental injury" means an injury to the psychological capacity or emotional stability
of a child as evidenced by an observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with due regard to the child's
culture.
(g) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:
(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger the child's
physical or mental health when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been diagnosed by a physician and is due
to parental neglect;
(3) failure to provide for necessary supervision or child care arrangements appropriate
for a child after considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the child's own basic
needs or safety, or the basic needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision
5;
(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in good
faith selects and depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker,
or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of
medical care may cause serious danger to the child's health. This section does not impose
upon persons, not otherwise legally responsible for providing a child with necessary food,
clothing, shelter, education, or medical care, a duty to provide that care;
(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision
2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in
the child at birth, results of a toxicology test performed on the mother at delivery or the
child at birth, medical effects or developmental delays during the child's first year of life
that medically indicate prenatal exposure to a controlled substance, or the presence of a
fetal alcohol spectrum disorder;
(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
(8) chronic and severe use of alcohol or a controlled substance by a parent or person
responsible for the care of the child that adversely affects the child's basic needs and safety;
or
(9) emotional harm from a pattern of behavior which contributes to impaired emotional
functioning of the child which may be demonstrated by a substantial and observable effect
in the child's behavior, emotional response, or cognition that is not within the normal range
for the child's age and stage of development, with due regard to the child's culture.
(h) "Nonmaltreatment mistake" means:
(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;
(2) the individual has not been determined responsible for a similar incident that resulted
in a finding of maltreatment for at least seven years;
(3) the individual has not been determined to have committed a similar nonmaltreatment
mistake under this paragraph for at least four years;
(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and
(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.
This definition only applies to child care centers licensed under Minnesota Rules, chapter
9503. If clauses (1) to (5) apply, rather than making a determination of substantiated
maltreatment by the individual, the commissioner of human services shall determine that a
nonmaltreatment mistake was made by the individual.
(i) "Operator" means an operator or agency as defined in section 245A.02.
(j) "Person responsible for the child's care" means (1) an individual functioning within
the family unit and having responsibilities for the care of the child such as a parent, guardian,
or other person having similar care responsibilities, or (2) an individual functioning outside
the family unit and having responsibilities for the care of the child such as a teacher, school
administrator, other school employees or agents, or other lawful custodian of a child having
either full-time or short-term care responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and coaching.
(k) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 125A.0942 or 245.825.
Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as allowed
by section 121A.582. Actions which are not reasonable and moderate include, but are not
limited to, any of the following:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any nonaccidental injury to a child under 18
months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) striking a child who is at least age one but under age four on the face or head, which
results in an injury;
(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the child
to medical procedures that would be unnecessary if the child were not exposed to the
substances;
(10) unreasonable physical confinement or restraint not permitted under section 609.379,
including but not limited to tying, caging, or chaining; or
(11) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.
(l) "Practice of social services," for the purposes of subdivision 3, includes but is not
limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.
(m) "Report" means any communication received by the local welfare agency, police
department, county sheriff, or agency responsible for child protection pursuant to this section
that describes neglect or physical or sexual abuse of a child and contains sufficient content
to identify the child and any person believed to be responsible for the neglect or abuse, if
known.
(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's
care, by a person who has a significant relationship to the child, as defined in section 609.341,
or by a person in a new text begin current or recent new text end position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344
(criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth
degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes
any act which involves a minor which constitutes a violation of prostitution offenses under
sections 609.321 to 609.324 or 617.246. Effective May 29, 2017, sexual abuse includes all
reports of known or suspected child sex trafficking involving a child who is identified as a
victim of sex trafficking. Sexual abuse includes child sex trafficking as defined in section
609.321, subdivisions 7a and 7b. Sexual abuse includes threatened sexual abuse which
includes the status of a parent or household member who has committed a violation which
requires registration as an offender under section 243.166, subdivision 1b, paragraph (a) or
(b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b).
(o) "Substantial child endangerment" means a person responsible for a child's care, by
act or omission, commits or attempts to commit an act against a child under their care that
constitutes any of the following:
(1) egregious harm as defined in section 260C.007, subdivision 14;
(2) abandonment under section 260C.301, subdivision 2;
(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's
physical or mental health, including a growth delay, which may be referred to as failure to
thrive, that has been diagnosed by a physician and is due to parental neglect;
(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(5) manslaughter in the first or second degree under section 609.20 or 609.205;
(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(7) solicitation, inducement, and promotion of prostitution under section 609.322;
(8) criminal sexual conduct under sections 609.342 to 609.3451;
(9) solicitation of children to engage in sexual conduct under section 609.352;
(10) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;
(11) use of a minor in sexual performance under section 617.246; or
(12) parental behavior, status, or condition which mandates that the county attorney file
a termination of parental rights petition under section 260C.503, subdivision 2.
(p) "Threatened injury" means a statement, overt act, condition, or status that represents
a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes,
but is not limited to, exposing a child to a person responsible for the child's care, as defined
in paragraph (j), clause (1), who has:
(1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law
of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;
(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary transfer of permanent legal and
physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201,
subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law
of another jurisdiction.
A child is the subject of a report of threatened injury when the responsible social services
agency receives birth match data under paragraph (q) from the Department of Human
Services.
(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth
record or recognition of parentage identifying a child who is subject to threatened injury
under paragraph (p), the Department of Human Services shall send the data to the responsible
social services agency. The data is known as "birth match" data. Unless the responsible
social services agency has already begun an investigation or assessment of the report due
to the birth of the child or execution of the recognition of parentage and the parent's previous
history with child protection, the agency shall accept the birth match data as a report under
this section. The agency may use either a family assessment or investigation to determine
whether the child is safe. All of the provisions of this section apply. If the child is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.
(r) Persons who conduct assessments or investigations under this section shall take into
account accepted child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious to the child's health, welfare,
and safety.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019.
new text end
Sec. 21.
Minnesota Statutes 2018, section 628.26, is amended to read:
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.
(e) Indictments or complaints for violation of sections 609.322 and 609.342 to 609.345deleted text begin ,
if the victim was under the age of 18 years at the time the offense was committed, shalldeleted text end new text begin maynew text end
be found or made deleted text begin and filed in the proper court within the later of nine years after the
commission of the offense or three years after the offense was reported to law enforcement
authoritiesdeleted text end new text begin at any time after the commission of the offensenew text end .
deleted text begin
(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.322 and 609.342 to 609.344 may be found or made and filed in
the proper court at any time after commission of the offense, if physical evidence is collected
and preserved that is capable of being tested for its DNA characteristics. If this evidence is
not collected and preserved and the victim was 18 years old or older at the time of the
offense, the prosecution must be commenced within nine years after the commission of the
offense.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, clause (3), item (iii), shall be found or made and filed in the proper court within six years
after the commission of the offense.
deleted text begin (h)deleted text end new text begin (g)new text end Indictments or complaints for violation of section 609.2335, 609.52, subdivision
2, clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of
the property or services stolen is more than $35,000, or for violation of section 609.527
where the offense involves eight or more direct victims or the total combined loss to the
direct and indirect victims is more than $35,000, shall be found or made and filed in the
proper court within five years after the commission of the offense.
deleted text begin (i)deleted text end new text begin (h)new text end Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.
deleted text begin (j)deleted text end new text begin (i)new text end Indictments or complaints for violation of sections 609.561 to 609.563, shall be
found or made and filed in the proper court within five years after the commission of the
offense.
deleted text begin (k)deleted text end new text begin (j)new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
deleted text begin (l)deleted text end new text begin (k)new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
deleted text begin (m)deleted text end new text begin (l)new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
deleted text begin (n)deleted text end new text begin (m)new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2019.
new text end
Sec. 22. new text begin SENTENCING GUIDELINES MODIFICATION.
new text end
new text begin
The Sentencing Guidelines Commission shall comprehensively review and consider
modifying how the Sentencing Guidelines and the sex offender grid address the crimes
described in Minnesota Statutes, sections 617.246 and 617.247, as compared to similar
crimes, including other sex offenses and other offenses with similar maximum penalties.
new text end
Sec. 23. new text begin CRIMINAL SEXUAL CONDUCT STATUTORY REFORM WORKING
GROUP; REPORT.
new text end
new text begin Subdivision 1. new text end
new text begin Direction. new text end
new text begin
By September 1, 2019, the commissioner of public safety
shall convene a working group on criminal sexual conduct statutory reform. The
commissioner shall invite representatives from city and county prosecuting agencies,
statewide crime victim coalitions, the Minnesota judicial branch, the Minnesota Board of
Public Defense, the Department of Public Safety, the Department of Human Services, the
Sentencing Guidelines Commission, state and local law enforcement agencies, and other
interested parties to participate in the working group. The commissioner shall ensure that
the working group is inclusive of marginalized communities as well as victim and survivor
voices.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
The working group must review, assess, and make specific
recommendations with regard to substantive and technical amendments to Minnesota Statutes,
sections 609.341 to 609.3451, 609.3453 to 609.3455, 609.349, 628.26, and any other related
criminal laws.
new text end
new text begin Subd. 3. new text end
new text begin Report to legislature. new text end
new text begin
The commissioner shall file a report detailing the working
group's findings and recommendations with the chairs and ranking minority members of
the house of representatives and senate committees and divisions having jurisdiction over
public safety and judiciary policy and finance by October 15, 2020.
new text end
Sec. 24. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, section 609.349,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 6
CONTROLLED SUBSTANCES
Section 1.
Minnesota Statutes 2018, section 152.021, subdivision 2a, is amended to read:
Subd. 2a.
Methamphetaminenew text begin ; dimethyltryptamine;new text end manufacture
crime.
Notwithstanding subdivision 1, sections 152.022, subdivision 1, 152.023, subdivision
1, and 152.024, subdivision 1, a person is guilty of controlled substance crime in the first
degree if the person manufactures any amount of methamphetaminenew text begin or dimethyltryptaminenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2018, section 152.025, subdivision 1, is amended to read:
Subdivision 1.
Sale crimes.
A person is guilty of a controlled substance crime in the
fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana deleted text begin for no remunerationdeleted text end ; or
(2) the person unlawfully sells one or more mixtures containing a controlled substance
classified in Schedule IV.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2018, section 152.025, subdivision 2, is amended to read:
Subd. 2.
Possession and other crimes.
A person is guilty of controlled substance crime
in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except new text begin the nonresinous formnew text end deleted text begin a small amountdeleted text end
of marijuana; deleted text begin or
deleted text end
(2) the person procures, attempts to procure, possesses, or has control over a controlled
substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer,
wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substancedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) the person unlawfully possesses a total weight of more than 250 grams of the
nonresinous form of marijuana.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2018, section 152.025, subdivision 4, is amended to read:
Subd. 4.
Penalty.
(a) A person convicted under the provisions of subdivision 2, clause
(1), who has not been previously convicted of a violation of this chapter or a similar offense
in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled
substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if
the controlled substance was possessed in dosage units; or (2) the controlled substance
possessed is heroin and the amount possessed is less than 0.05 grams.
(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1),
unless the conduct is described in paragraph (a); or subdivision 2, clause (2)new text begin or (3)new text end , may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
new text begin
[152.0251] NONFELONY CONTROLLED SUBSTANCE OFFENSES;
MARIJUANA.
new text end
new text begin Subdivision 1. new text end
new text begin Sale crimes. new text end
new text begin
Except as provided in subdivision 5, a person is guilty of a
crime if on one or more occasions within a 90-day period the person unlawfully sells:
new text end
new text begin
(1) a total weight of more than ten grams but not more than 42.5 grams of the nonresinous
form of marijuana; or
new text end
new text begin
(2) a total weight of ten grams or less of the nonresinous form of marijuana, except a
small amount of marijuana for no remuneration.
new text end
new text begin Subd. 2. new text end
new text begin Possession crimes. new text end
new text begin
A person is guilty of a crime if the person unlawfully
possesses:
new text end
new text begin
(1) a total weight of more than 100 grams but not more than 250 grams of the nonresinous
form of marijuana; or
new text end
new text begin
(2) a total weight of more than 42.5 grams but not more than 100 grams of the nonresinous
form of marijuana.
new text end
new text begin Subd. 3. new text end
new text begin Penalty. new text end
new text begin
(a) A person is guilty of a gross misdemeanor if convicted under
subdivision 1, clause (1), or subdivision 2, clause (1).
new text end
new text begin
(b) A person is guilty of a misdemeanor if convicted under subdivision 1, clause (2), or
subdivision 2, clause (2).
new text end
new text begin Subd. 4. new text end
new text begin Possession of marijuana in a motor vehicle. new text end
new text begin
A person is guilty of a
misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the
motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps
or allows to be kept within the area of the vehicle normally occupied by the driver or
passengers, more than five grams of marijuana. This area of the vehicle does not include
the trunk of the motor vehicle if the vehicle is equipped with a trunk or another area of the
vehicle not normally occupied by the driver or passengers if the vehicle is not equipped
with a trunk. A utility or glove compartment is deemed to be within the area occupied by
the driver and passengers.
new text end
new text begin Subd. 5. new text end
new text begin Petty misdemeanors. new text end
new text begin
A person who does any of the following is guilty of a
petty misdemeanor:
new text end
new text begin
(1) unlawfully sells a small amount of marijuana for no remuneration; or
new text end
new text begin
(2) unlawfully possesses a small amount of marijuana.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2018, section 152.0275, is amended to read:
152.0275 CERTAIN CONTROLLED SUBSTANCE OFFENSES; RESTITUTION;
PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.
Subdivision 1.
Restitution.
(a) As used in this subdivision:
(1) "clandestine lab site" means any structure or conveyance or outdoor location occupied
or affected by conditions or chemicals typically associated with the manufacturing of
methamphetaminenew text begin or dimethyltryptaminenew text end ;
(2) "emergency response" includes, but is not limited to, removing and collecting
evidence, securing the site, removal, remediation, and hazardous chemical assessment or
inspection of the site where the relevant offense or offenses took place, regardless of whether
these actions are performed by the public entities themselves or by private contractors paid
by the public entities, or the property owner;
(3) "remediation" means proper cleanup, treatment, or containment of hazardous
substances deleted text begin ordeleted text end new text begin ,new text end methamphetaminenew text begin , or dimethyltryptaminenew text end at or in a clandestine lab site, and
may include demolition or disposal of structures or other property when an assessment so
indicates; and
(4) "removal" means the removal from the clandestine lab site of precursor or waste
chemicals, chemical containers, or equipment associated with the manufacture, packaging,
or storage of illegal drugs.
(b) A court may require a person convicted of manufacturing or attempting to manufacture
a controlled substance or of an illegal activity involving a precursor substance, where the
response to the crime involved an emergency response, to pay restitution to all public entities
that participated in the response. The restitution ordered may cover the reasonable costs of
their participation in the response.
(c) In addition to the restitution authorized in paragraph (b), a court may require a person
convicted of manufacturing or attempting to manufacture a controlled substance or of illegal
activity involving a precursor substance to pay restitution to a property owner who incurred
removal or remediation costs because of the crime.
Subd. 2.
Property-related prohibitions; notice; website.
(a) As used in this subdivision:
(1) "clandestine lab site" has the meaning given in subdivision 1, paragraph (a);
(2) "property" means publicly or privately owned real property including buildings and
other structures, motor vehicles as defined in section 609.487, subdivision 2a, public waters,
and public rights-of-way;
(3) "remediation" has the meaning given in subdivision 1, paragraph (a); and
(4) "removal" has the meaning given in subdivision 1, paragraph (a).
(b) A peace officer who arrests a person at a clandestine lab site shall notify the
appropriate county or local health department, state duty officer, and child protection services
of the arrest and the location of the site.
(c) A county or local health department or sheriff shall order that any property or portion
of a property that has been found to be a clandestine lab site and contaminated by substances,
chemicals, or items of any kind used in the manufacture of methamphetaminenew text begin or
dimethyltryptaminenew text end or any part of the manufacturing process, or the by-products or degradates
of manufacturing methamphetaminenew text begin or dimethyltryptaminenew text end be prohibited from being
occupied or used until it has been assessed and remediated as provided in the Department
of Health's clandestine drug labs general cleanup guidelines. The remediation shall be
accomplished by a contractor who will make the verification required under paragraph (e).
(d) Unless clearly inapplicable, the procedures specified in chapter 145A and any related
rules adopted under that chapter addressing the enforcement of public health laws, the
removal and abatement of public health nuisances, and the remedies available to property
owners or occupants apply to this subdivision.
(e) Upon the proper removal and remediation of any property used as a clandestine lab
site, the contractor shall verify to the property owner and the applicable authority that issued
the order under paragraph (c) that the work was completed according to the Department of
Health's clandestine drug labs general cleanup guidelines and best practices. The contractor
shall provide the verification to the property owner and the applicable authority within five
days from the completion of the remediation. Following this, the applicable authority shall
vacate its order.
(f) If a contractor issues a verification and the property was not remediated according
to the Department of Health's clandestine drug labs general cleanup guidelines, the contractor
is liable to the property owner for the additional costs relating to the proper remediation of
the property according to the guidelines and for reasonable attorney fees for collection of
costs by the property owner. An action under this paragraph must be commenced within
six years from the date on which the verification was issued by the contractor.
(g) If the applicable authority determines under paragraph (c) that a motor vehicle has
been contaminated by substances, chemicals, or items of any kind used in the manufacture
of methamphetaminenew text begin or dimethyltryptaminenew text end or any part of the manufacturing process, or
the by-products or degradates of manufacturing methamphetaminenew text begin or dimethyltryptaminenew text end
and if the authority is able to obtain the certificate of title for the motor vehicle, the authority
shall notify the registrar of motor vehicles of this fact and in addition, forward the certificate
of title to the registrar. The authority shall also notify the registrar when it vacates its order
under paragraph (e).
(h) The applicable authority issuing an order under paragraph (c) shall record with the
county recorder or registrar of titles of the county where the clandestine lab is located an
affidavit containing the name of the owner, a legal description of the property where the
clandestine lab was located, and a map drawn from available information showing the
boundary of the property and the location of the contaminated area on the property that is
prohibited from being occupied or used that discloses to any potential transferee:
(1) that the property, or portion of the property, was the site of a clandestine lab;
(2) the location, condition, and circumstances of the clandestine lab, to the full extent
known or reasonably ascertainable; and
(3) that the use of the property or some portion of it may be restricted as provided by
paragraph (c).
If an inaccurate drawing or description is filed, the authority, on request of the owner
or another interested person, shall file a supplemental affidavit with a corrected drawing or
description.
If the authority vacates its order under paragraph (e), the authority shall record an affidavit
that contains the recording information of the above affidavit and states that the order is
vacated. Upon filing the affidavit vacating the order, the affidavit and the affidavit filed
under this paragraph, together with the information set forth in the affidavits, cease to
constitute either actual or constructive notice.
(i) If proper removal and remediation has occurred on the property, an interested party
may record an affidavit indicating that this has occurred. Upon filing the affidavit described
in this paragraph, the affidavit and the affidavit filed under paragraph (h), together with the
information set forth in the affidavits, cease to constitute either actual or constructive notice.
Failure to record an affidavit under this section does not affect or prevent any transfer of
ownership of the property.
(j) The county recorder or registrar of titles must record all affidavits presented under
paragraph (h) or (i) in a manner that ensures their disclosure in the ordinary course of a title
search of the subject property.
(k) The commissioner of health shall post on the Internet contact information for each
local community health services administrator.
(l) Each local community health services administrator shall maintain information related
to property within the administrator's jurisdiction that is currently or was previously subject
to an order issued under paragraph (c). The information maintained must include the name
of the owner, the location of the property, the extent of the contamination, the status of the
removal and remediation work on the property, and whether the order has been vacated.
The administrator shall make this information available to the public either upon request
or by other means.
(m) Before signing an agreement to sell or transfer real property, the seller or transferor
must disclose in writing to the buyer or transferee if, to the seller's or transferor's knowledge,
methamphetamine production has occurred on the property. If methamphetaminenew text begin or
dimethyltryptaminenew text end production has occurred on the property, the disclosure shall include a
statement to the buyer or transferee informing the buyer or transferee:
(1) whether an order has been issued on the property as described in paragraph (c);
(2) whether any orders issued against the property under paragraph (c) have been vacated
under paragraph (j); or
(3) if there was no order issued against the property and the seller or transferor is aware
that methamphetaminenew text begin or dimethyltryptaminenew text end production has occurred on the property, the
status of removal and remediation on the property.
(n) Unless the buyer or transferee and seller or transferor agree to the contrary in writing
before the closing of the sale, a seller or transferor who fails to disclose, to the best of their
knowledge, at the time of sale any of the facts required, and who knew or had reason to
know of methamphetaminenew text begin or dimethyltryptaminenew text end production on the property, is liable to
the buyer or transferee for:
(1) costs relating to remediation of the property according to the Department of Health's
clandestine drug labs general cleanup guidelines and best practices; and
(2) reasonable attorney fees for collection of costs from the seller or transferor.
An action under this paragraph must be commenced within six years after the date on which
the buyer or transferee closed the purchase or transfer of the real property where the
methamphetaminenew text begin or dimethyltryptaminenew text end production occurred.
(o) This section preempts all local ordinances relating to the sale or transfer of real
property designated as a clandestine lab site.
Sec. 7.
Minnesota Statutes 2018, section 152.18, subdivision 1, is amended to read:
Subdivision 1.
Deferring prosecution for certain first time drug offenders.
(a) A
court may defer prosecution as provided in paragraph (c) for any person found guilty, after
trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024,
subdivision 2, 152.025, subdivision 2, new text begin 152.0251, subdivision 2, 4, or 5, new text end or 152.027,
subdivision 2deleted text begin , 3, 4,deleted text end or 6, paragraph (d), for possession of a controlled substance, who:
(1) has not previously participated in or completed a diversion program authorized under
section 401.065;
(2) has not previously been placed on probation without a judgment of guilty and
thereafter been discharged from probation under this section; and
(3) has not been convicted of a felony violation of this chapter, including a felony-level
attempt or conspiracy, or been convicted by the United States or another state of a similar
offense that would have been a felony under this chapter if committed in Minnesota, unless
ten years have elapsed since discharge from sentence.
(b) The court must defer prosecution as provided in paragraph (c) for any person found
guilty of a violation of section 152.025, subdivision 2, who:
(1) meets the criteria listed in paragraph (a), clauses (1) to (3); and
(2) has not previously been convicted of a felony offense under any state or federal law
or of a gross misdemeanor under section 152.025new text begin or 152.0251new text end .
(c) In granting relief under this section, the court shall, without entering a judgment of
guilty and with the consent of the person, defer further proceedings and place the person
on probation upon such reasonable conditions as it may require and for a period, not to
exceed the maximum sentence provided for the violation. The court may give the person
the opportunity to attend and participate in an appropriate program of education regarding
the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation
of a condition of the probation, the court may enter an adjudication of guilt and proceed as
otherwise provided. The court may, in its discretion, dismiss the proceedings against the
person and discharge the person from probation before the expiration of the maximum
period prescribed for the person's probation. If during the period of probation the person
does not violate any of the conditions of the probation, then upon expiration of the period
the court shall discharge the person and dismiss the proceedings against that person.
Discharge and dismissal under this subdivision shall be without court adjudication of guilt,
but a not public record of it shall be retained by the Bureau of Criminal Apprehension for
the purpose of use by the courts in determining the merits of subsequent proceedings against
the person. The not public record may also be opened only upon court order for purposes
of a criminal investigation, prosecution, or sentencing. Upon request by law enforcement,
prosecution, or corrections authorities, the bureau shall notify the requesting party of the
existence of the not public record and the right to seek a court order to open it pursuant to
this section. The court shall forward a record of any discharge and dismissal under this
subdivision to the bureau which shall make and maintain the not public record of it as
provided under this subdivision. The discharge or dismissal shall not be deemed a conviction
for purposes of disqualifications or disabilities imposed by law upon conviction of a crime
or for any other purpose.
For purposes of this subdivision, "not public" has the meaning given in section 13.02,
subdivision 8a.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
new text begin
[152.185] POSSESSION OR SALE OF CANNABIDIOL.
new text end
new text begin
(a) Cannabidiol (CBD) that is derived from industrial hemp as defined in section 18K.02,
subdivision 3, is not a controlled substance.
new text end
new text begin
(b) A person does not violate this chapter simply by possessing or selling CBD as
described in paragraph (a).
new text end
new text begin
(c) Paragraph (b) does not prevent a person from being charged with or convicted of a
violation of this chapter or any other crime if the person's conduct is criminalized elsewhere.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to acts
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2018, section 446A.083, subdivision 2, is amended to read:
Subd. 2.
Account established.
The authority shall establish a methamphetaminenew text begin and
dimethyltryptaminenew text end laboratory cleanup revolving account in the public facility authority
fund to provide loans to counties and cities to remediate clandestine lab sites. The account
must be credited with repayments.
Sec. 10.
new text begin
CANNABIS TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; purpose. new text end
new text begin
(a) The Cannabis Task Force is established to
advise the legislature on the legal and policy issues associated with the legalization, taxation,
and regulation of cannabis production, sale, and use by those 21 years of age or older in the
state.
new text end
new text begin
(b) It is not the purpose of this task force to provide a recommendation on whether or
not to legalize cannabis. The purpose of this task force is to gather facts and report them to
the legislature.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The Cannabis Task Force consists of:
new text end
new text begin
(1) two senators appointed by the president of the senate;
new text end
new text begin
(2) two senators appointed by the minority leader of the senate;
new text end
new text begin
(3) two members of the house of representatives appointed by the speaker of the house;
new text end
new text begin
(4) two members of the house of representatives appointed by the minority leader of the
house of representatives;
new text end
new text begin
(5) the commissioner of agriculture or a designee;
new text end
new text begin
(6) the commissioner of health or a designee;
new text end
new text begin
(7) the commissioner of public safety or a designee;
new text end
new text begin
(8) the attorney general or a designee;
new text end
new text begin
(9) the state public defender or a designee;
new text end
new text begin
(10) the commissioner of revenue or a designee;
new text end
new text begin
(11) the commissioner of human services or a designee;
new text end
new text begin
(12) the commissioner of commerce or a designee;
new text end
new text begin
(13) eight members appointed by the governor who have relevant knowledge and
experience, including:
new text end
new text begin
(i) one person with experience working in the medical cannabis industry;
new text end
new text begin
(ii) one person with expertise in the treatment of substance abuse disorder;
new text end
new text begin
(iii) one medical cannabis patient;
new text end
new text begin
(iv) one person directly involved in the cultivation and distribution of medical cannabis
in Minnesota;
new text end
new text begin
(v) one person with experience working in public health policy;
new text end
new text begin
(vi) two persons from separate noncannabis industry organizations who advocate for
cannabis legalization;
new text end
new text begin
(vii) one person convicted of a nonfelony drug-related offense; and
new text end
new text begin
(viii) one person with expertise on business liability, such as work hazards, insurance,
human resources, and employee rights, arising from employees working after the use of
legal recreational marijuana;
new text end
new text begin
(14) one person who is an elected official in a statutory or home rule charter city appointed
by the League of Minnesota Cities;
new text end
new text begin
(15) one medical doctor appointed by the Board of Medical Practice;
new text end
new text begin
(16) one person who is an elected county official or administrator appointed by the
Association of Minnesota Counties;
new text end
new text begin
(17) one person who is a defense attorney appointed by the Minnesota Association of
Criminal Defense Lawyers;
new text end
new text begin
(18) one person who is a county attorney appointed by the Minnesota County Attorneys
Association;
new text end
new text begin
(19) one person who is a sheriff appointed by the Minnesota Sheriff's Association;
new text end
new text begin
(20) one person who is a chief of police appointed by the Minnesota Chiefs of Police
Association; and
new text end
new text begin
(21) one rank and file peace officer appointed by the Minnesota Police and Peace Officers
Association.
new text end
new text begin
(b) Members shall serve without compensation.
new text end
new text begin Subd. 3. new text end
new text begin Organization. new text end
new text begin
(a) The commissioner of public safety or the commissioner's
designee shall convene the first meeting of the task force. Meetings of the task force are
subject to Minnesota Statutes, chapter 13D.
new text end
new text begin
(b) The task force shall meet monthly or as determined by the chair.
new text end
new text begin
(c) The members of the task force shall elect a chair and other officers as the members
deem necessary.
new text end
new text begin
(d) A majority of members constitutes a quorum.
new text end
new text begin Subd. 4. new text end
new text begin Staff. new text end
new text begin
The commissioner of public safety shall provide support staff, office
space, and administrative services for the task force.
new text end
new text begin Subd. 5. new text end
new text begin Duties. new text end
new text begin
(a) The task force shall:
new text end
new text begin
(1) identify and study the potential effects of cannabis legalization including but not
limited to impacts on public safety, public health, tax policy, and regulatory oversight; and
new text end
new text begin
(2) consult with experts and government officials involved with the legalization of
cannabis in other states.
new text end
new text begin
(b) The task force shall develop a comprehensive plan that covers:
new text end
new text begin
(1) statutory changes necessary for the legalization of cannabis;
new text end
new text begin
(2) taxation of cannabis sales and appropriate dedicated uses for the tax revenue raised;
new text end
new text begin
(3) state and local regulation of cannabis growth, processing, transport, packaging,
labeling, sale, possession, and use, and the governing body that would enforce the regulation;
new text end
new text begin
(4) federal law, policy, and regulation of cannabis;
new text end
new text begin
(5) education of the public on scientific knowledge of the effects of cannabis, especially
with regards to use by minors;
new text end
new text begin
(6) funding for, and provision of, treatment to persons with substance abuse disorder as
it relates to cannabis;
new text end
new text begin
(7) expungement and pardon of nonviolent marijuana convictions;
new text end
new text begin
(8) security of cannabis retail and manufacturing locations and the safe handling of
proceeds from cannabis sales, including banking options;
new text end
new text begin
(9) policies that promote access to the legal cannabis market to persons from communities
that are disproportionately impacted by the ban on cannabis including incentives for
minority-owned businesses to participate in the cannabis industry;
new text end
new text begin
(10) statutory and policy changes designed to discourage operating motor vehicles while
under the influence of cannabis; and
new text end
new text begin
(11) recommendations to the legislature and others about necessary and appropriate
actions related to legalization of cannabis in the state.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
By February 1, 2020, the task force shall submit a report to the chairs
and ranking minority members of the senate and house of representatives committees and
divisions having jurisdiction over public safety, health, human services, revenue, labor and
industry, and agriculture policy and finance that details the task force's findings regarding
the legalization of cannabis including the comprehensive plan developed pursuant to
subdivision 5.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
This section expires the earlier of February 1, 2020, or the date
the report is submitted under subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, section 152.027, subdivisions 3 and 4,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019.
new text end
ARTICLE 7
DWI
Section 1.
Minnesota Statutes 2018, section 84.91, subdivision 1, is amended to read:
Subdivision 1.
Acts prohibited.
(a) No owner or other person having charge or control
of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol or a controlled substance
or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state
or on the ice of any boundary water of this state.
(b) No owner or other person having charge or control of any snowmobile or all-terrain
vehicle shall knowingly authorize or permit any person, who by reason of any physical or
mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain
vehicle anywhere in this state or on the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle
anywhere in this state or on the ice of any boundary water of this state is subject to chapter
169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted
of violating section 169A.20 or an ordinance in conformity with it, or who refuses to comply
with a lawful request to submit to testing new text begin or fails a test lawfully administered new text end under sections
169A.50 to 169A.53 or 171.177, or an ordinance in conformity with deleted text begin itdeleted text end new text begin any of these sectionsnew text end ,
deleted text begin shall bedeleted text end new text begin isnew text end prohibited from operating a snowmobile or all-terrain vehicle for deleted text begin a period deleted text end deleted text begin ofdeleted text end one
year. The commissioner shall notify the person of the deleted text begin timedeleted text end period during which the person
is prohibited from operating a snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating privileges prohibition is governed
by section 169A.53 or 171.177.
(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed under:
(1) this section;
(2) chapter 169 relating to snowmobiles and all-terrain vehicles;
(3) chapter 169A; and
(4) section 171.177.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from operating a vehicle under
paragraph (c) is guilty of a misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2018, section 86B.331, subdivision 1, is amended to read:
Subdivision 1.
Acts prohibited.
(a) An owner or other person having charge or control
of a motorboat may not authorize or allow an individual the person knows or has reason to
believe is under the influence of alcohol or a controlled or other substance to operate the
motorboat in operation on the waters of this state.
(b) An owner or other person having charge or control of a motorboat may not knowingly
authorize or allow a person, who by reason of a physical or mental disability is incapable
of operating the motorboat, to operate the motorboat in operation on the waters of this state.
(c) A person who operates or is in physical control of a motorboat on the waters of this
state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A,
a person who is convicted of violating section 169A.20 new text begin or an ordinance in conformity with
it, or who fails a test lawfully administered under sections 169A.50 to 169A.53 or 17l.177,
new text end or an ordinance in conformity with deleted text begin itdeleted text end new text begin any of these sectionsnew text end , deleted text begin shall bedeleted text end new text begin isnew text end prohibited from
operating a motorboat on the waters of this state for deleted text begin a period ofdeleted text end 90 days between May 1 and
October 31, extending over two consecutive years if necessary. If the person refuses to
comply with a lawful demand to submit to testing under sections 169A.50 to 169A.53 or
171.177, or an ordinance in conformity with deleted text begin itdeleted text end new text begin any of these sectionsnew text end , the person deleted text begin shall bedeleted text end new text begin isnew text end
prohibited from operating a motorboat for deleted text begin a period ofdeleted text end one year. The commissioner shall
notify the person of the period during which the person is prohibited from operating a
motorboat.
(d) Administrative and judicial review of the operating privileges prohibition is governed
by section 169A.53 or 171.177.
(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed under: (1) this
section; (2) chapter 169 relating to motorboats; (3) chapter 169A; and (4) section 171.177.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor.
(g) For purposes of this subdivision, a motorboat "in operation" does not include a
motorboat that is anchored, beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by other than mechanical means.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2018, section 169A.03, subdivision 18, is amended to read:
Subd. 18.
Peace officer.
"Peace officer" means:
(1) a State Patrol officer;
(2) new text begin a new text end University of Minnesota peace officer;
(3) new text begin a new text end police officer of any municipality, including towns having powers under section
368.01, or county; and
(4) deleted text begin for purposes of violations of this chapter in or on an off-road recreational vehicle or
motorboat, or for violations of section 97B.065 or 97B.066,deleted text end a state conservation officer.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2018, section 169A.37, subdivision 1, is amended to read:
Subdivision 1.
Crime described.
It is a crime for a person:
(1) to fail to comply with an impoundment order under section 169A.60 (administrative
plate impoundment);
(2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;
(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle is
subject to an impoundment order issued under section 169A.60, unless specially coded
plates have been issued for the vehicle pursuant to section 169A.60, subdivision 13;
(4) to fail to notify the commissioner of the impoundment order when requesting new
plates;
(5) who is subject to a plate impoundment order under section 169A.60, to drive, operate,
or be in control of any motor vehicle during the impoundment period, unless the vehicle is
employer-owned and is not required to be equipped with an ignition interlock device pursuant
to section 171.306, subdivision 4, paragraph (b), or Laws 2013, chapter 127, section 70, or
has specially coded plates issued pursuant to section 169A.60, subdivision 13, and the person
is validly licensed to drive; deleted text begin or
deleted text end
(6) who is the transferee of a motor vehicle and who has signed a sworn statement under
section 169A.60, subdivision 14, to allow the previously registered owner to drive, operate,
or be in control of the vehicle during the impoundment perioddeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(7) to intentionally remove all or a portion of or to otherwise obliterate or damage a
permanent sticker affixed on and invalidating a registration plate under section 169A.60,
subdivision 4.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2018, section 169A.55, subdivision 2, is amended to read:
Subd. 2.
Reinstatement of driving privileges; notice.
Upon expiration of a period of
revocation under section 169A.52 (license revocation for test failure or refusal), 169A.54
(impaired driving convictions and adjudications; administrative penalties), or 171.177
(revocation; search warrant), the commissioner shall notify the person of the terms upon
which driving privileges can be reinstated, and new registration plates issued, which terms
are: (1) deleted text begin successful completion of an examination anddeleted text end proof of compliance with any terms
of alcohol treatment or counseling previously prescribed, if any; and (2) any other
requirements imposed by the commissioner and applicable to that particular case. The
commissioner shall notify the owner of a motor vehicle subject to an impoundment order
under section 169A.60 (administrative impoundment of plates) as a result of the violation
of the procedures for obtaining new registration plates, if the owner is not the violator. The
commissioner shall also notify the person that if driving is resumed without reinstatement
of driving privileges or without valid registration plates and registration certificate, the
person will be subject to criminal penalties.
Sec. 6.
Minnesota Statutes 2018, section 169A.60, subdivision 4, is amended to read:
Subd. 4.
Peace officer as agent for notice of impoundment.
On behalf of the
commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a
plate impoundment violation shall also serve a notice of intent to impound and an order of
impoundment. On behalf of the commissioner, a peace officer who is arresting a person for
or charging a person with a plate impoundment violation described in subdivision 1,
paragraph (d), clause (5), shall also serve a notice of intent to impound and an order of
impoundment. If the vehicle involved in the plate impoundment violation is accessible to
the officer at the time the impoundment order is issued, the officer shall seize the registration
plates subject to the impoundment order. The officer shall destroy all plates seized or
impounded under this section. new text begin Alternatively, the officer may invalidate the plates by affixing
a permanent sticker on them. new text end The officer shall send to the commissioner copies of the notice
of intent to impound and the order of impoundment and a notice that registration plates
impounded and seized under this section have been destroyednew text begin or have been affixed with the
permanent stickernew text end .
Sec. 7.
Minnesota Statutes 2018, section 169A.60, subdivision 5, is amended to read:
Subd. 5.
Temporary permit.
If the motor vehicle is registered to the violatornew text begin and the
plate impoundment violation is predicated on the results of a chemical test of the violator's
breath or on a refusal to submit to a chemical testnew text end , the officer shall issue a temporary vehicle
permit that is valid for deleted text begin sevendeleted text end new text begin 14 new text end days when the officer issues the notices under subdivision
4. new text begin The temporary permit is valid for 45 days if the violator submits to a chemical test of
the violator's blood or urine. new text end If the motor vehicle is registered in the name of another, the
officer shall issue a temporary vehicle permit that is valid for 45 days when the notices are
issued under subdivision 3. The permit must be in a form determined by the registrar and
whenever practicable must be posted on the left side of the inside rear window of the vehicle.
A permit is valid only for the vehicle for which it is issued.
Sec. 8.
Minnesota Statutes 2018, section 169A.60, subdivision 8, is amended to read:
Subd. 8.
Reissuance of registration plates.
(a) The commissioner shall rescind the
impoundment order of a person subject to an order under this section, other than the violator,
if:
(1) the violator had a valid driver's license on the date of the plate impoundment violation
and the person files with the commissioner an acceptable sworn statement containing the
following information:
(i) that the person is the registered owner of the vehicle from which the plates have been
impounded under this section;
(ii) that the person is the current owner and possessor of the vehicle used in the violation;
(iii) the date on which the violator obtained the vehicle from the registered owner;
(iv) the residence addresses of the registered owner and the violator on the date the
violator obtained the vehicle from the registered owner;
(v) that the person was not a passenger in the vehicle at the time of the plate impoundment
violation; and
(vi) that the person knows that the violator may not drive, operate, or be in physical
control of a vehicle without a valid driver's license; or
(2) the violator did not have a valid driver's license on the date of the plate impoundment
violation and the person made a report to law enforcement before the violation stating that
the vehicle had been taken from the person's possession or was being used without
permission.
(b) A person who has failed to make a report as provided in paragraph (a), clause (2),
may be issued special registration plates under subdivision 13 for a period of one year from
the effective date of the impoundment order. Following this period, the person may apply
for regular registration plates.
(c) If the order is rescinded, the owner shall receive new registration plates at no cost,
if the plates were seized and destroyednew text begin or have been affixed with a permanent stickernew text end .
Sec. 9.
Minnesota Statutes 2018, section 169A.63, is amended by adding a subdivision to
read:
new text begin Subd. 13. new text end
new text begin Exception. new text end
new text begin
(a) This section does not apply if the driver who committed the
designated offense or whose conduct resulted in the designated license revocation becomes
a program participant in the ignition interlock program under section 171.306 within 60
days following service of the Notice of Seizure and Intent to Forfeit under this section.
new text end
new text begin
(b) Notwithstanding paragraph (a), if the program participant described in paragraph (a)
subsequently operates the motor vehicle to commit a designated offense or in a manner that
results in a designated license revocation, the vehicle must be seized and summarily forfeited.
new text end
new text begin
(c) Notwithstanding paragraph (a), if the program participant described in paragraph (a)
either voluntarily or involuntarily ceases to participate in the program, or fails to successfully
complete it, the vehicle used in the underlying designated offense must be seized and
summarily forfeited.
new text end
new text begin
(d) Paragraph (b) applies only if the described subsequent vehicle operation occurs
before the participant has been restored to full driving privileges or within three years of
the original designated offense or designated license revocation, whichever occurs latest.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019.
new text end
Sec. 10.
Minnesota Statutes 2018, section 171.29, subdivision 1, is amended to read:
Subdivision 1.
Examination required.
new text begin (a) new text end No person whose driver's license has been
revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under
section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792deleted text begin , 169A.52,deleted text end
deleted text begin or deleted text end shall be issued another license unless and until that person shall have successfully
passed an examination as required by the commissioner of public safety. This subdivision
does not apply to an applicant for early reinstatement under section 169.792, subdivision
7a.
new text begin
(b) The requirement to successfully pass the examination described in paragraph (a)
does not apply to a person whose driver's license has been revoked because of an impaired
driving offense.
new text end
Sec. 11. new text begin DWI STUDY; MEASUREMENT OF CONTROLLED SUBSTANCES.
new text end
new text begin
(a) The commissioner of public safety, in consultation with stakeholders and experts,
shall study and report on the use of screening tests that measure the marijuana or
tetrahydrocannabinols level of a person stopped or arrested for driving while impaired. The
commissioner shall also study the threshold measurement level for the legal impairment of
persons who are driving under the influence of marijuana or tetrahydrocannabinols. The
study must include the identification, review, and evaluation of:
new text end
new text begin
(1) marijuana or tetrahydrocannabinols screening tests, including at a minimum oral
fluid roadside tests;
new text end
new text begin
(2) the measured amount of marijuana or tetrahydrocannabinols in a driver's blood or
urine that is the legal threshold for impairment of the driver;
new text end
new text begin
(3) the practices and laws in other states for drug screening tests and measurement of
marijuana or tetrahydrocannabinols in persons suspected of driving while impaired by
controlled substances; and
new text end
new text begin
(4) any other necessary information relating to the measurement of marijuana or
tetrahydrocannabinols in persons who are suspected of driving under the influence of a
controlled substance.
new text end
new text begin
(b) The commissioner shall submit a report of its study by March 15, 2020, to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over public safety.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 8
VEHICLE OPERATIONS
Section 1.
Minnesota Statutes 2018, section 169.92, subdivision 4, is amended to read:
Subd. 4.
Suspension of driver's license.
(a) Upon receiving a report from the court, or
from the driver licensing authority of a state, district, territory, or possession of the United
States or a province of a foreign country which has an agreement in effect with this state
pursuant to section 169.91, that a resident of this state or a person licensed as a driver in
this state did not appear in court in compliance with the terms of a citation, the commissioner
of public safety shall notify the driver that the driver's license will be suspended unless the
commissioner receives notice within 30 days that the driver has appeared in the appropriate
court deleted text begin or, if the offense is a petty misdemeanor for which a guilty plea was entered under
section 609.491, that the person has paid any fine imposed by the courtdeleted text end . If the commissioner
does not receive notice of the appearance in the appropriate court or payment of the fine
within 30 days of the date of the commissioner's notice to the driver, the commissioner may
suspend the driver's license, subject to the notice requirements of section 171.18, subdivision
2.new text begin Notwithstanding the requirements in this section, the commissioner is prohibited from
suspending the driver's license of a person based solely on the fact that the person did not
appear in court (1) in compliance with the terms of a citation for a petty misdemeanor, or
(2) for a violation of section 171.24, subdivision 1.
new text end
(b) The order of suspension shall indicate the reason for the order and shall notify the
driver that the driver's license deleted text begin shall remaindeleted text end new text begin remainsnew text end suspended until the driver has furnished
evidence, satisfactory to the commissioner, of compliance with any order entered by the
court.
(c) Suspension shall be ordered under this subdivision only when the report clearly
identifies the person arrested; describes the violation, specifying the section of the traffic
law, ordinance or rule violated; indicates the location and date of the offense; and describes
the vehicle involved and its registration number.
Sec. 2.
Minnesota Statutes 2018, section 171.16, subdivision 2, is amended to read:
Subd. 2.
Commissioner shall suspend.
new text begin (a) new text end The court may recommend the suspension
of the driver's license of the person so convicted, and the commissioner shall suspend such
license as recommended by the court, without a hearing deleted text begin as provided hereindeleted text end .
new text begin
(b) The commissioner is prohibited from suspending a person's driver's license if the
person was convicted only under section 171.24, subdivision 1 or 2.
new text end
Sec. 3.
Minnesota Statutes 2018, section 171.16, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Suspension fordeleted text end Failure to pay fine.
deleted text begin When any court reports todeleted text end The
commissioner new text begin must not suspend a person's driver's license based solely on the fact new text end that a
person: (1) has been convicted of violating a law of this state or an ordinance of a political
subdivision which regulates the operation or parking of motor vehicles, (2) has been
sentenced to the payment of a fine or had a surcharge levied against that person, or sentenced
to a fine upon which a surcharge was levied, and (3) has refused or failed to comply with
that sentence or to pay the surchargedeleted text begin , notwithstanding the fact that the court has determined
that the person has the ability to pay the fine or surcharge, the commissioner shall suspend
the driver's license of such person for 30 days for a refusal or failure to pay or until notified
by the court that the fine or surcharge, or both if a fine and surcharge were not paid, has
been paiddeleted text end .
Sec. 4.
Minnesota Statutes 2018, section 171.18, subdivision 1, is amended to read:
Subdivision 1.
Offenses.
(a) The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:
(1) has committed an offense for which mandatory revocation of license is required upon
conviction;
(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance
regulating traffic, other than a conviction for a petty misdemeanor, and department records
show that the violation contributed in causing an accident resulting in the death or personal
injury of another, or serious property damage;
(3) is an habitually reckless or negligent driver of a motor vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the license;
(7) has committed an offense in another state that, if committed in this state, would be
grounds for suspension;
(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within
five years of a prior conviction under that section;
(9) has committed a violation of section 171.22, except that the commissioner may not
suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;
(10) has failed to appear in court as provided in section 169.92, subdivision 4;
(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;
(12) has been found to have committed an offense under section 169A.33; or
(13) has paid or attempted to pay a fee required under this chapter for a license or permit
by means of a dishonored check issued to the state or a driver's license agent, which must
be continued until the registrar determines or is informed by the agent that the dishonored
check has been paid in full.
However, an action taken by the commissioner under clause (2) or (5) must conform to the
recommendation of the court when made in connection with the prosecution of the licensee.
(b) The commissioner deleted text begin may not suspenddeleted text end new text begin is prohibited from suspendingnew text end the driver's license
of an individual under paragraph (a) who was convicted of a violation of section 171.24,
subdivision 1deleted text begin , whose license was under suspension at the time solely because of the
individual's failure to appear in court or failure to pay a finedeleted text end new text begin or 2new text end .
Sec. 5.
new text begin
[171.2405] LICENSE REINSTATEMENT DIVERSION PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
(a) A city or county may establish a license reinstatement
diversion program for holders of class D drivers' licenses who have been charged with
violating section 171.24, subdivision 1 or 2. An individual charged with driving after
revocation under section 171.24, subdivision 2, is eligible for diversion only if the revocation
was due to a violation of section 169.791; 169.797; 169A.52; 169A.54; 171.17, subdivision
1, paragraph (a), clause (6); or 171.177. An individual who is a holder of a commercial
driver's license or who has committed an offense in a commercial motor vehicle is not
eligible to participate in the diversion program. Nothing in this section authorizes the issuance
of a driver's license to a diversion program participant during the underlying suspension or
revocation period at issue in the violation of section 171.24, subdivision 1 or 2.
new text end
new text begin
(b) Notwithstanding any law or ordinance to the contrary, a city or county may contract
with a third party to create and administer the diversion program under this section. Any
participating city or county, at its own expense, may request an audit of the administrator.
new text end
new text begin
(c) For purposes of this section, "administrator" means the city, county, or administrator
of the program.
new text end
new text begin Subd. 2. new text end
new text begin Diversion of an individual. new text end
new text begin
(a) A prosecutor for a participating city or county
may determine whether to accept an individual for diversion. When making the determination,
the prosecutor must consider:
new text end
new text begin
(1) whether the individual has a record of driving without a valid license or other criminal
record, or has previously participated in a diversion program;
new text end
new text begin
(2) the strength of the evidence against the individual, along with any mitigating factors;
and
new text end
new text begin
(3) the apparent ability and willingness of the individual to participate in the diversion
program and comply with program requirements.
new text end
new text begin
(b) A city or county attorney may request that an individual be reviewed for a diversion
program without a formal city or county diversion program being established. The city or
county attorney must follow the requirements of subdivisions 1 and 2 and may submit the
individual's application to an administrator for processing in collaboration with DVS to
determine if an individual is eligible for approval into the diversion program. The participant
must meet the requirements in subdivision 4.
new text end
new text begin
(c) A judge may submit a request for an individual to apply for entry into a diversion
program under subdivisions 1 and 2. The participant must meet the requirements in
subdivision 4.
new text end
new text begin Subd. 3. new text end
new text begin Diversion driver's license. new text end
new text begin
(a) Notwithstanding any law to the contrary, the
commissioner may issue a diversion driver's license to a person who is a participant in a
diversion program, after receiving an application and payment of:
new text end
new text begin
(1) the reinstatement fee under section 171.20, subdivision 4, by a participant whose
driver's license has been suspended;
new text end
new text begin
(2) the reinstatement fee under section 171.29, subdivision 2, paragraph (a), by a
participant whose driver's license has been revoked under section 169.791; 169.797; or
171.17, subdivision 1, paragraph (a), clause (6); or
new text end
new text begin
(3) the reinstatement fee under section 171.29, subdivision 2, paragraph (a), by a
participant whose driver's license has been revoked under section 169A.52, 169A.54, or
171.177. The reinstatement fee and surcharge under section 171.29, subdivision 2, paragraph
(b), must also be paid during the course of and as a condition of the diversion program.
new text end
new text begin
(b) The commissioner may impose restrictions on a diversion driver's license that are
suitable to the licensee's driving ability or applicable to the licensee as the commissioner
deems appropriate to ensure the safe operation of a motor vehicle by the licensee. The
participant must follow all requirements of this section, the requirements set out by DVS
and court restrictions.
new text end
new text begin
(c) Payments made by participants in the diversion program of the reinstatement fee and
surcharge under section 171.29, subdivision 2, paragraph (b), must be applied first toward
payment of the reinstatement fee and, after the reinstatement fee has been fully paid, toward
payment of the surcharge. Each payment that is applied toward the reinstatement fee must
be credited as provided in section 171.29, subdivision 2, paragraph (b), and each payment
that is applied toward the surcharge must be credited as provided in section 171.29,
subdivision 2, paragraphs (c) and (d). After the reinstatement fee and surcharge are satisfied,
the participant must pay the program participation fee.
new text end
new text begin
(d) Notwithstanding any law to the contrary, a diversion driver's license issued to a
participant in the program must not be revoked or suspended for convictions entered due
to payments made under subdivision 4.
new text end
new text begin Subd. 4. new text end
new text begin Program components. new text end
new text begin
(a) At a minimum, the diversion program must require
individuals to:
new text end
new text begin
(1) successfully attend and complete, at the individual's expense, educational classes
that provide, among other things, information on driver's licensure;
new text end
new text begin
(2) pay to the administrator, under a schedule approved by the prosecutor, all required
related fees, fines, and charges, including applicable statutory license reinstatement fees
and costs of participation in the program;
new text end
new text begin
(3) comply with all traffic laws; and
new text end
new text begin
(4) demonstrate compliance with motor vehicle insurance requirements.
new text end
new text begin
(b) Individuals whose underlying citations cost less than $250 shall receive a 60 percent
discount on the diversion program fee. Individuals whose underlying citations cost $250 to
$500 shall receive a 40 percent discount on the diversion program fee.
new text end
new text begin Subd. 5. new text end
new text begin Termination of participation; reinstatement of driver's license. new text end
new text begin
(a) An
individual's participation in the diversion program must be terminated if:
new text end
new text begin
(1) the individual is found guilty of a moving traffic violation;
new text end
new text begin
(2) the individual fails to provide proof of vehicle insurance; or
new text end
new text begin
(3) the administrator of the diversion program informs the commissioner that the
individual is no longer satisfying the conditions of the diversion program.
new text end
new text begin
(b) The commissioner must cancel an individual's diversion driver's license upon receiving
notice from the administrator that the individual is not complying with the requirements of
the program.
new text end
new text begin
(c) The original charge against the individual of a violation of section 171.24 may be
reinstated against an individual whose participation in the diversion program terminates
under paragraph (a), clause (1) or (2).
new text end
new text begin
(d) If an individual satisfies all requirements of the diversion program, including, at a
minimum, satisfactory fulfillment of the components under subdivision 4, the administrator
must inform the court, the prosecutor, and the commissioner of the individual's satisfactory
completion of the diversion program.
new text end
new text begin
(e) Upon receiving notice under paragraph (d), the commissioner must reinstate the
individual's driver's license.
new text end
new text begin
(f) Upon receiving notice under paragraph (d), the court must dismiss the charge or the
prosecutor must decline to prosecute the individual.
new text end
new text begin Subd. 6. new text end
new text begin Fees held on termination of participant. new text end
new text begin
(a) Upon termination of the participant
in the program under subdivision 5, where there are any held funds and only after the
administrator has made payouts on citations and fees, the third-party administrator shall
hold remaining participant fees for 12 months from the date of termination under subdivision
5, paragraph (a), clause (1) or (2).
new text end
new text begin
(b) A participant who meets DVS requirements to re-enter the diversion program may
use held funds to pay fees to be reinstated into the program.
new text end
new text begin
(c) After 12 months, the administrator shall retain the funds for the work performed
during the participant's enrollment period, prior to the participant's termination date in the
diversion program.
new text end
new text begin Subd. 7. new text end
new text begin Biennial report. new text end
new text begin
(a) By February 1 of each even-numbered year, the
administrator must report on each city and county that participated in the diversion program
and provide a report to each participating city and county, the commissioner, and the
legislative committees with jurisdiction over transportation and the judiciary concerning
the results of the program. The report must be made available electronically and, upon
request, in print. The report must include, without limitation, the effect of the program on:
new text end
new text begin
(1) recidivism rates for participants in the diversion program;
new text end
new text begin
(2) the number of participants who successfully completed the program;
new text end
new text begin
(3) the amount charged to individuals for program fees;
new text end
new text begin
(4) payment of the fees and fines collected in the diversion program to cities, counties,
and the state;
new text end
new text begin
(5) the total amount of money collected from participants in the program;
new text end
new text begin
(6) the total amount of money, by category, paid or applied to reinstatement;
new text end
new text begin
(7) educational support provided to participants in the diversion program;
new text end
new text begin
(8) the total number of participants in the diversion program;
new text end
new text begin
(9) the total number of participants terminated from the program under subdivision 5,
paragraph (a), clauses (1) to (3);
new text end
new text begin
(10) the reimbursement policy for all payments listed under clause (4); and
new text end
new text begin
(11) the amount of all payments listed under clause (4) retained from participants who
were terminated from the program.
new text end
new text begin
(b) The report must include all recommendations made by cities or counties regarding
the future of the program and any necessary or suggested legislative changes.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019. A city or county participating
in the diversion program may accept an individual into the program until June 30, 2019.
The third party administering the diversion program may collect and disperse fees collected
pursuant to Minnesota Statutes, section 171.2405, subdivision 6, paragraph (a), clause (2),
through June 30, 2019.
new text end
Sec. 6.
new text begin
[171.325] DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS;
REPORTS.
new text end
new text begin Subdivision 1. new text end
new text begin Issuance, suspensions, and revocations. new text end
new text begin
(a) Annually by February 15,
the commissioner of public safety must report to the chairs and ranking minority members
of the house of representatives and senate committees and divisions with jurisdiction over
public safety and transportation on the status of driver's licenses issued, suspended, and
revoked. The commissioner must make the report available on the department's website.
new text end
new text begin
(b) At a minimum, the report must include:
new text end
new text begin
(1) the total number of driver's licenses issued, suspended, and revoked as of January 1
the year the report is submitted, broken down by county;
new text end
new text begin
(2) for each of the previous eight calendar years, the total number of driver's licenses
suspended and the number of suspended licenses reinstated; and
new text end
new text begin
(3) for each of the previous eight calendar years, the total number of driver's licenses
revoked and the number of revoked licenses reinstated.
new text end
new text begin
(c) For purposes of paragraph (b), clauses (1), (2), and (3), the report must identify each
type of suspension or revocation authorized by statute or rule and include the number of
licenses suspended or revoked for each type.
new text end
new text begin Subd. 2. new text end
new text begin Charges, convictions, and fines. new text end
new text begin
(a) Annually by February 15, the state court
administrator must report to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over public safety
and transportation on (1) charges and convictions for driving after suspension or revocation,
and (2) payment of fines for violations related to operation of a motor vehicle. The
administrator must make the report available on the state court's website.
new text end
new text begin
(b) At a minimum, the report must include:
new text end
new text begin
(1) for each of the previous eight calendar years, the number of charges under section
171.24, subdivisions 1 and 2, broken down by the charges for each subdivision and indicating
whether the court appointed the public defender to represent the defendant;
new text end
new text begin
(2) for each of the previous eight calendar years, the number of convictions under section
171.24, subdivisions 1 and 2, broken down by the convictions for each subdivision and
indicating whether the court appointed the public defender to represent the defendant; and
new text end
new text begin
(3) for the past calendar year, for all charges on violations related to the operation of a
motor vehicle and included on the uniform fine schedule authorized under section 609.101,
subdivision 4, the percentage of fines, broken down by whether the court appointed the
public defender to represent the defendant, which:
new text end
new text begin
(i) were paid in full by the due date on the citation;
new text end
new text begin
(ii) were paid in full through a payment plan;
new text end
new text begin
(iii) accrued late charges;
new text end
new text begin
(iv) were sent to court collections; and
new text end
new text begin
(v) were sent to the Department of Revenue for collection.
new text end
Sec. 7.
Minnesota Statutes 2018, section 299A.12, subdivision 1, is amended to read:
Subdivision 1.
General requirements.
deleted text begin Except as provided in subdivision 4,deleted text end Any vehicle
used by an operator to provide transportation service deleted text begin shalldeleted text end new text begin mustnew text end be equipped with wheelchair
securement devices deleted text begin which are approved by the commissioner of public safety as meetingdeleted text end new text begin
that meetnew text end the specifications of subdivisions 1 and 2. new text begin Only securement devices that meet the
requirements of the Americans with Disabilities Act may be used. new text end A wheelchair securement
device deleted text begin shall prevent any forward, backward, or lateral movement of an occupied wheelchair
when the device is engaged and the vehicle is in motion, accelerating or braking, and shall
attach to the frame of the wheelchair without damaging itdeleted text end new text begin must be installed and used
according to the manufacturer's instructions and Code of Federal Regulations, title 49,
section 38.23new text end . Wheelchair securement devices installed in any vehicle deleted text begin shalldeleted text end new text begin mustnew text end be
maintained in working ordernew text begin and according to the manufacturer's recommendationsnew text end .
Sec. 8.
Minnesota Statutes 2018, section 299A.12, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Strengthdeleted text end new text begin Designnew text end requirements.
The deleted text begin strengthdeleted text end new text begin designnew text end requirements for deleted text begin securing
the part of a wheelchair that is forward in the vehicle shall be one-half of those required for
the rear. Where the wheelchair securement device and the seat belt are combined in a
common system, those parts which provide the combined restraining force shall have a
combined strength of both according to the strength requirements of each as adopted by the
commissioner of public safetydeleted text end new text begin securement devices must meet the specifications in Code of
Federal Regulations, title 49, section 38.23new text end .
Sec. 9.
Minnesota Statutes 2018, section 299A.12, subdivision 3, is amended to read:
Subd. 3.
Maximum number of persons transported.
A vehicle used to provide
transportation service deleted text begin shalldeleted text end new text begin mustnew text end carry only as many persons seated in wheelchairs as the
number of securement devices approved by the commissioner of public safety as meeting
the specifications of subdivisions 1 and 2 with which the vehicle is equipped, and each
occupied wheelchair deleted text begin shalldeleted text end new text begin mustnew text end be secured by such a securement device before the vehicle
is set in motion.
Sec. 10.
Minnesota Statutes 2018, section 299A.13, is amended to read:
299A.13 ADDITIONAL SAFETY REQUIREMENTS.
Subdivision 1.
Seat belt.
Any vehicle used to provide transportation service deleted text begin shalldeleted text end new text begin mustnew text end
be equipped with seat belts deleted text begin whichdeleted text end new text begin thatnew text end are approved by the commissioner of public safety.
The seat belts required by this subdivision deleted text begin shalldeleted text end new text begin mustnew text end be adequate to secure the occupant
of a wheelchair who is being transported by the vehicle. deleted text begin Thesedeleted text end new text begin Thenew text end seat belts deleted text begin shalldeleted text end new text begin mustnew text end be
used only to secure the person and deleted text begin shalldeleted text end new text begin mustnew text end not be used to secure the wheelchair unless
the wheelchair securement force is not cumulative to the seat belt. The seat belts deleted text begin shalldeleted text end new text begin mustnew text end
meet all other applicable state and federal requirements for safety.
Subd. 2.
Electric wheelchair.
When transportation service is provided to an individual
in an electrically powered wheelchair, the main power switch of the wheelchair deleted text begin shalldeleted text end new text begin mustnew text end
be placed in the "off" position at all times while the vehicle is in motion.
new text begin Subd. 3. new text end
new text begin Mobility aid accessibility. new text end
new text begin
(a) Vehicles equipped with wheelchair securement
devices must provide a level-change mechanism or boarding device such as a lift or ramp
that complies with Code of Federal Regulations, title 49, section 38.23.
new text end
new text begin
(b) Wheelchair lifts must comply with the National Highway Traffic Safety
Administration's Federal Motor Vehicle Safety Standards for public use lifts as outlined in
Code of Federal Regulations, title 49, sections 571.403 and 571.404.
new text end
new text begin Subd. 4. new text end
new text begin Driver's responsibility. new text end
new text begin
(a) The driver of a vehicle equipped with a wheelchair
securement device has the duties outlined in this subdivision.
new text end
new text begin
(b) The driver or a person designated by the driver shall ensure that an occupied
wheelchair is properly secured before the driver sets the vehicle in motion.
new text end
new text begin
(c) The driver or a person designated by the driver shall ensure that the seat belt assembly
is properly adjusted and fastened around the wheelchair user in a manner consistent with
the manufacturer's recommendations before the driver sets the vehicle in motion when:
new text end
new text begin
(1) requested by the wheelchair user;
new text end
new text begin
(2) the wheelchair user is unable to communicate;
new text end
new text begin
(3) seat belt usage is required of all passengers in the vehicle; or
new text end
new text begin
(4) the vehicle is a school bus.
new text end
new text begin
The seat belt assembly must not be fastened if the wheelchair user or other responsible
person advises the driver that to do so would aggravate a physical condition of the wheelchair
user. If a restraint device is available that would not aggravate the physical condition of the
user, it must be fastened in the required manner.
new text end
new text begin
(d) The driver or a person designated by the driver shall ensure that securement devices
and seat belt assemblies are retracted, removed, or otherwise stored when not in use to
prevent tripping of persons and damage to devices.
new text end
Sec. 11.
Minnesota Statutes 2018, section 299A.14, subdivision 3, is amended to read:
Subd. 3.
Standards.
The inspection shall be made to determine that the vehicle complies
with the provisions of sections 299A.12deleted text begin , subdivisions 1 and 4,deleted text end and 299A.13deleted text begin , subdivision
1deleted text end deleted text begin ;deleted text end new text begin andnew text end that the securement device deleted text begin isdeleted text end new text begin and level-change mechanism or boarding device such
as a lift or ramp arenew text end in working orderdeleted text begin ;deleted text end and deleted text begin that the securement device isdeleted text end not in need of
obvious repair. The inspection may include testing the use of a securement device while
the vehicle is in motion.
Sec. 12.
Minnesota Statutes 2018, section 480.15, is amended by adding a subdivision to
read:
new text begin Subd. 8a. new text end
new text begin Motor vehicle charges and conviction data; report. new text end
new text begin
The court administrator
shall collect, compile, and report the data on (1) charges and convictions for driving after
suspension or revocation, and (2) payment of fines for violations related to operation of a
motor vehicle, as required under section 171.325.
new text end
Sec. 13.
Minnesota Statutes 2018, section 609.2112, subdivision 1, is amended to read:
Subdivision 1.
Criminal vehicular homicide.
(a) Except as provided in paragraph (b),
a person is guilty of criminal vehicular homicide and may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000, or both, if the
person causes the death of a human being not constituting murder or manslaughter as a
result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;
(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;
(7) where the driver who causes the collision leaves the scene of the collision in violation
of section 169.09, subdivision 1 or 6; deleted text begin or
deleted text end
(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the death was caused by the defective maintenancedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) in a negligent manner while the driver is in violation of section 169.475; or
new text end
new text begin
(10) in a negligent manner while the person's driver's license or driving privilege has
been suspended, revoked, or canceled or the person has been disqualified from holding a
commercial driver's license or been denied the privilege to operate a commercial motor
vehicle pursuant to:
new text end
new text begin
(i) section 169.89, subdivision 5; 169A.52; 169A.54; 171.05, subdivision 2b, paragraph
(d); 171.13, subdivision 3 or 4; 171.17, subdivision 1, paragraph (a), clause (1) or (10);
171.177; 171.18, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (11); 171.32; or
260B.225, subdivision 9; or a violation of section 169.13; 169.21; 169.444; 609.19,
subdivision 1, clause (2); or 609.487, subdivisions 3 to 5; or any violation of chapter 169A;
or
new text end
new text begin
(ii) a law from another state similar to those described in item (i).
new text end
(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a),
clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory
maximum sentence of imprisonment is 15 years.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2018, section 609.2113, subdivision 1, is amended to read:
Subdivision 1.
Great bodily harm.
A person is guilty of criminal vehicular operation
resulting in great bodily harm and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both, if the person causes great
bodily harm to another not constituting attempted murder or assault as a result of operating
a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;
(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;
(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text begin or
deleted text end
(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenancedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) in a negligent manner while the driver is in violation of section 169.475; or
new text end
new text begin
(10) in a negligent manner while the person's driver's license or driving privilege has
been suspended, revoked, or canceled or the person has been disqualified from holding a
commercial driver's license or been denied the privilege to operate a commercial motor
vehicle pursuant to:
new text end
new text begin
(i) section 169.89, subdivision 5; 169A.52; 169A.54; 171.05, subdivision 2b, paragraph
(d); 171.13, subdivision 3 or 4; 171.17, subdivision 1, paragraph (a), clause (1) or (10);
171.177; 171.18, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (11); 171.32; or
260B.225, subdivision 9; or a violation of section 169.13; 169.21; 169.444; 609.19,
subdivision 1, clause (2); or 609.487, subdivisions 3 to 5; or any violation of chapter 169A;
or
new text end
new text begin
(ii) a law from another state similar to those described in item (i).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2018, section 609.2113, subdivision 2, is amended to read:
Subd. 2.
Substantial bodily harm.
A person is guilty of criminal vehicular operation
resulting in substantial bodily harm and may be sentenced to imprisonment for not more
than three years or to payment of a fine of not more than $10,000, or both, if the person
causes substantial bodily harm to another as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;
(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;
(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text begin or
deleted text end
(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenancedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) in a negligent manner while the driver is in violation of section 169.475; or
new text end
new text begin
(10) in a negligent manner while the person's driver's license or driving privilege has
been suspended, revoked, or canceled or the person has been disqualified from holding a
commercial driver's license or been denied the privilege to operate a commercial motor
vehicle pursuant to:
new text end
new text begin
(i) section 169.89, subdivision 5; 169A.52; 169A.54; 171.05, subdivision 2b, paragraph
(d); 171.13, subdivision 3 or 4; 171.17, subdivision 1, paragraph (a), clause (1) or (10);
171.177; 171.18, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (11); 171.32; or
260B.225, subdivision 9; or a violation of section 169.13; 169.21; 169.444; 609.19,
subdivision 1, clause (2); or 609.487, subdivisions 3 to 5; or any violation of chapter 169A;
or
new text end
new text begin
(ii) a law from another state similar to those described in item (i).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2018, section 609.2113, subdivision 3, is amended to read:
Subd. 3.
Bodily harm.
A person is guilty of criminal vehicular operation resulting in
bodily harm and may be sentenced to imprisonment for not more than one year or to payment
of a fine of not more than $3,000, or both, if the person causes bodily harm to another as a
result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours
of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating substance and the
person knows or has reason to know that the substance has the capacity to cause impairment;
(6) in a negligent manner while any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the
person's body;
(7) where the driver who causes the accident leaves the scene of the accident in violation
of section 169.09, subdivision 1 or 6; deleted text begin or
deleted text end
(8) where the driver had actual knowledge that a peace officer had previously issued a
citation or warning that the motor vehicle was defectively maintained, the driver had actual
knowledge that remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective maintenancedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) in a negligent manner while the driver is in violation of section 169.475; or
new text end
new text begin
(10) in a negligent manner while the person's driver's license or driving privilege has
been suspended, revoked, or canceled or the person has been disqualified from holding a
commercial driver's license or been denied the privilege to operate a commercial motor
vehicle pursuant to:
new text end
new text begin
(i) section 169.89, subdivision 5; 169A.52; 169A.54; 171.05, subdivision 2b, paragraph
(d); 171.13, subdivision 3 or 4; 171.17, subdivision 1, paragraph (a), clause (1) or (10);
171.177; 171.18, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (11); 171.32; or
260B.225, subdivision 9; or a violation of section 169.13; 169.21; 169.444; 609.19,
subdivision 1, clause (2); or 609.487, subdivisions 3 to 5; or any violation of chapter 169A;
or
new text end
new text begin
(ii) a law from another state similar to those described in item (i).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 17.
Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended by Laws
2010, chapter 197, section 1, Laws 2011, chapter 87, section 1, subdivision 9, Laws 2013,
chapter 127, section 60, and Laws 2017, chapter 95, article 3, section 29, is amended to
read:
Subd. 9.
Sunsetnew text begin ; transitionnew text end .
A city or county participating in this pilot program may
accept an individual for diversion into the pilot program deleted text begin until June 30, 2019.deleted text end new text begin andnew text end the third
party administering the diversion program may collect and disburse fees collected pursuant
to subdivision 6, paragraph (a), clause (2), deleted text begin through December 31, 2020deleted text end new text begin until the day following
the date the permanent diversion program established under Minnesota Statutes, section
171.2405, is effectivenew text end , at which time the pilot program under this section expires.new text begin An
individual participating in but who has not completed the pilot program on the date the pilot
program expires is automatically transferred and enrolled in the permanent diversion program
under Minnesota Statutes, section 171.2405, and credited for any fees paid or activities
completed under the pilot program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18. new text begin RETROACTIVE DRIVER'S LICENSE REINSTATEMENT.
new text end
new text begin
(a) The commissioner of public safety must make an individual's driver's license eligible
for reinstatement if the license is solely suspended pursuant to:
new text end
new text begin
(1) Minnesota Statutes 2018, section 169.92, subdivision 4;
new text end
new text begin
(2) Minnesota Statutes 2018, section 171.16, subdivision 2, if the person was convicted
only under Minnesota Statutes, section 171.24, subdivision 1 or 2;
new text end
new text begin
(3) Minnesota Statutes 2018, section 171.16, subdivision 3; or
new text end
new text begin
(4) any combination of clauses (1), (2), and (3).
new text end
new text begin
(b) By December 1, 2019, the commissioner must provide written notice to an individual
whose license has been made eligible for reinstatement under paragraph (a), addressed to
the licensee at the licensee's last known address.
new text end
new text begin
(c) Notwithstanding any law to the contrary, before the license is reinstated, an individual
whose driver's license is eligible for reinstatement under paragraph (a) must pay a
reinstatement fee of $20.
new text end
new text begin
(d) The following applies for an individual who is eligible for reinstatement under
paragraph (a), and whose license was suspended, revoked, or canceled under any other
provision in Minnesota Statutes:
new text end
new text begin
(1) the suspension, revocation, or cancellation under any other provision in Minnesota
Statutes remains in effect;
new text end
new text begin
(2) subject to clause (1), the individual may become eligible for reinstatement under
paragraph (a); and
new text end
new text begin
(3) the commissioner is not required to send the notice described in paragraph (b).
new text end
new text begin
(e) Paragraph (a) applies notwithstanding Minnesota Statutes 2018, sections 169.92,
subdivision 4; 171.16, subdivision 2 or 3; or any other law to the contrary.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019.
new text end
Sec. 19. new text begin TRAFFIC STOP STUDY.
new text end
new text begin Subdivision 1. new text end
new text begin Study requirements. new text end
new text begin
(a) The commissioner of public safety must identify
a qualified research organization which shall conduct a study to determine what impact, if
any, changes in traffic laws since 2003 have had on traffic stops in Minnesota including
whether changes resulted in a disproportionate impact in any geographic area or on any
demographic group.
new text end
new text begin
(b) The study shall identify significant changes in traffic law enacted since 2003 including,
but not limited to:
new text end
new text begin
(1) the adoption of Minnesota Statutes, section 169.475;
new text end
new text begin
(2) amendments to Minnesota Statutes, section 169.475, effective August 1, 2019;
new text end
new text begin
(3) changes to Minnesota Statutes, section 169.686, enacted pursuant to Laws 2009,
chapter 165, section 2; and
new text end
new text begin
(4) changes to Minnesota Statutes, section 169A.20, enacted pursuant to Laws 2004,
chapter 283, section 3.
new text end
new text begin
(c) The grant recipient shall coordinate with local law enforcement agencies and the
Minnesota State Patrol to obtain and collect relevant data on traffic stops. Data shall be
collected as provided by law, rule, or policy of the law enforcement agency. Nothing in this
section requires any law enforcement agency to collect additional data.
new text end
new text begin
(d) The grant recipient shall analyze the data obtained or collected based on factors
including, but not limited to, the geographic area in which the stop took place and
demographic information of the driver.
new text end
new text begin
(e) To the extent possible, the study shall compare data obtained and collected under
paragraph (c) with data collected pursuant to Laws 2001, First Special Session chapter 8,
article 7, section 6.
new text end
new text begin
(f) The grant recipient shall coordinate with the commissioner of public safety and law
enforcement agencies to ensure the confidentiality of data obtained or collected.
new text end
new text begin Subd. 2. new text end
new text begin Report. new text end
new text begin
By February 15, 2021, the grant recipient must provide a report to the
commissioner of public safety and the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over transportation and criminal justice policy
on the results of the study.
new text end
Sec. 20. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, sections 299A.12, subdivision 4; and 299A.18,
new text end
new text begin
are repealed.
new text end
ARTICLE 9
PRETRIAL RELEASE, SENTENCING, PROBATION, AND DIVERSION
Section 1.
Minnesota Statutes 2018, section 244.05, subdivision 4, is amended to read:
Subd. 4.
Minimum imprisonment, life sentence.
(a) An inmate serving a mandatory
life sentence under section 609.106new text begin , subdivision 2,new text end or 609.3455, subdivision 2, new text begin paragraph
(a), new text end must not be given supervised release under this section.
(b) new text begin Except as provided in paragraph (f), new text end an inmate serving a mandatory life sentence
under section 609.185, paragraph (a), clause (3), (5), or (6); or Minnesota Statutes 2004,
section 609.109, subdivision 3, must not be given supervised release under this section
without having served a minimum term of 30 years.
(c) An inmate serving a mandatory life sentence under section 609.385 must not be given
supervised release under this section without having served a minimum term of imprisonment
of 17 years.
(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3
or 4, must not be given supervised release under this section without having served the
minimum term of imprisonment specified by the court in its sentence.
new text begin
(e) An inmate serving a mandatory life sentence under section 609.106, subdivision 3,
or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under this
section without having served a minimum term of imprisonment of 25 years.
new text end
new text begin
(f) An inmate serving a mandatory life sentence for a crime described in paragraph (b)
who was under 18 years of age at the time of the commission of the offense must not be
given supervised release under this section without having served a minimum term of
imprisonment of 25 years.
new text end
Sec. 2.
Minnesota Statutes 2018, section 244.05, subdivision 5, is amended to read:
Subd. 5.
Supervised release, life sentence.
(a) The commissioner of corrections may,
under rules promulgated by the commissioner, give supervised release to an inmate serving
a mandatory life sentence under section new text begin 609.106, subdivision 3new text end new text begin ; new text end 609.185, paragraph (a),
clause (3), (5), or (6); 609.3455, subdivision new text begin 2new text end new text begin , paragraph (c), new text end 3new text begin ,new text end or 4; 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
term of imprisonment specified in subdivision 4.
(b) The commissioner shall require the preparation of a community investigation report
and shall consider the findings of the report when making a supervised release decision
under this subdivision. The report shall reflect the sentiment of the various elements of the
community toward the inmate, both at the time of the offense and at the present time. The
report shall include the views of the sentencing judge, the prosecutor, any law enforcement
personnel who may have been involved in the case, and any successors to these individuals
who may have information relevant to the supervised release decision. The report shall also
include the views of the victim and the victim's family unless the victim or the victim's
family chooses not to participate.
(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of
the time and place of the inmate's supervised release review hearing. The victim has a right
to submit an oral or written statement at the review hearing. The statement may summarize
the harm suffered by the victim as a result of the crime and give the victim's recommendation
on whether the inmate should be given supervised release at this time. The commissioner
must consider the victim's statement when making the supervised release decision.
(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at a
minimum, the following: the risk the inmate poses to the community if released, the inmate's
progress in treatment, the inmate's behavior while incarcerated, psychological or other
diagnostic evaluations of the inmate, the inmate's criminal history, and any other relevant
conduct of the inmate while incarcerated or before incarceration. The commissioner may
not give supervised release to the inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment;
(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate that ensures that,
after release, the inmate will have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.
(e) As used in this subdivision, "victim" means the individual who suffered harm as a
result of the inmate's crime or, if the individual is deceased, the deceased's surviving spouse
or next of kin.
Sec. 3.
Minnesota Statutes 2018, section 244.09, subdivision 6, is amended to read:
Subd. 6.
Clearinghouse and information center.
The commission, in addition to
establishing Sentencing Guidelines, shall serve as a clearinghouse and information center
for the collection, preparation, analysis and dissemination of information on state and local
sentencing new text begin and probation new text end practices, and shall conduct ongoing research regarding Sentencing
Guidelines, use of imprisonment and alternatives to imprisonment, new text begin probation terms,
conditions of probation, probation revocations, new text end plea bargaining, new text begin recidivism, new text end and other matters
relating to the improvement of the criminal justice system. The commission shall from time
to time make recommendations to the legislature regarding changes in the Criminal Code,
criminal procedures, and other aspects of sentencingnew text begin and probationnew text end .
This information shall include information regarding the impact of statutory changes to
the state's criminal laws related to controlled substances, including those changes enacted
by the legislature in Laws 2016, chapter 160.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 4.
Minnesota Statutes 2018, section 244.09, subdivision 8, is amended to read:
Subd. 8.
Administrative services.
The commissioner of corrections shall provide
adequate office space and administrative services for the commission, and the commission
shall reimburse the commissioner for the space and services provided. The commission
may also utilize, with their consent, the services, equipment, personnel, information and
resources of other state agencies; and may accept voluntary and uncompensated services,
contract with individuals, public and private agencies, and request information, reports and
data fromnew text begin , and establish data integrations with,new text end any agency of the state, or any of its political
subdivisions, to the extent authorized by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 5.
new text begin
[260B.008] USE OF RESTRAINTS.
new text end
new text begin
(a) As used in this section, "restraints" means a mechanical or other device that constrains
the movement of a person's body or limbs.
new text end
new text begin
(b) Restraints may not be used on a child appearing in court in a proceeding under this
chapter unless the court finds that:
new text end
new text begin
(1) the use of restraints is necessary:
new text end
new text begin
(i) to prevent physical harm to the child or another; or
new text end
new text begin
(ii) to prevent the child from fleeing in situations in which the child presents a substantial
risk of flight from the courtroom; and
new text end
new text begin
(2) there are no less restrictive alternatives to restraints that will prevent flight or physical
harm to the child or another, including but not limited to the presence of court personnel,
law enforcement officers, or bailiffs.
new text end
new text begin
The finding in clause (1), item (i), may be based, among other things, on the child having
a history of disruptive courtroom behavior or behavior while in custody for any current or
prior offense that has placed others in potentially harmful situations, or presenting a
substantial risk of inflicting physical harm on the child or others as evidenced by past
behavior. The court may take into account the physical structure of the courthouse in
assessing the applicability of the above factors to the individual child.
new text end
new text begin
(c) The court shall be provided the child's behavior history and shall provide the child
an opportunity to be heard in person or through counsel before ordering the use of restraints.
If restraints are ordered, the court shall make findings of fact in support of the order.
new text end
Sec. 6.
new text begin
[260B.1755] ALTERNATIVE TO ARREST OF CERTAIN JUVENILE
OFFENDERS AUTHORIZED.
new text end
new text begin
(a) A peace officer may refer a child that the officer has the lawful authority to arrest or
has arrested to a program that the law enforcement agency with jurisdiction over the child
deems appropriate.
new text end
new text begin
(b) This section does not apply to violent felony offenses or to peace officers acting
pursuant to an order or warrant described in section 260B.175, subdivision 1, paragraph
(a), or other court order to take a child into custody.
new text end
new text begin
(c) A program authorized by this section may defer prosecution of juvenile offenders
who agree to complete appropriate conditions. Upon completion of the conditions, the
charge shall be dismissed. Both petty offenders and delinquents are eligible for referrals
under this section.
new text end
Sec. 7.
Minnesota Statutes 2018, section 260B.176, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Risk assessment instrument. new text end
new text begin
A person making a release decision under
subdivision 1 shall use an objective and racially, ethnically, and gender-responsive juvenile
detention risk assessment instrument developed by the commissioner, county, group of
counties, or judicial district, in consultation with the state coordinator or coordinators of
the Minnesota Juvenile Detention Alternative Initiative. The risk assessment instrument
must assess the likelihood that a child released from preadjudication detention under this
section or section 260B.178 would endanger others or not return for a court hearing. The
instrument must identify the appropriate setting for a child who might endanger others or
not return for a court hearing pending adjudication, with either continued detention or
placement in a noncustodial community-based supervision setting. The instrument must
also identify the type of noncustodial community-based supervision setting necessary to
minimize the risk that a child who is released from custody will endanger others or not
return for a court hearing.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020.
new text end
Sec. 8.
Minnesota Statutes 2018, section 590.01, subdivision 4, is amended to read:
Subd. 4.
Time limit.
(a) No petition for postconviction relief may be filed more than
two years after the later of:
(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or
(2) an appellate court's disposition of petitioner's direct appeal.
(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief
if:
(1) the petitioner establishes that a physical disability or mental disease precluded a
timely assertion of the claim;
(2) the petitioner alleges the existence of newly discovered evidence, including scientific
evidence, that could not have been ascertained by the exercise of due diligence by the
petitioner or petitioner's attorney within the two-year time period for filing a postconviction
petition, and the evidence is not cumulative to evidence presented at trial, is not for
impeachment purposes, and establishes by a clear and convincing standard that the petitioner
is innocent of the offense or offenses for which the petitioner was convicted;
(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory
law by either the United States Supreme Court or a Minnesota appellate court and the
petitioner establishes that this interpretation is retroactively applicable to the petitioner's
case;
(4) the petition is brought pursuant to subdivision 3; deleted text begin or
deleted text end
(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous
and is in the interests of justicedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(6) the petitioner: (i) is placed into immigration removal proceedings; (ii) is detained
for the purpose of removal from the United States; (iii) can provide evidence showing that
removal from the United States has become more likely than not; or (iv) is unable to apply
for an immigration benefit, such as naturalization or travel, due to the criminal conviction.
new text end
(c) Any petition invoking an exception provided in paragraph (b) must be filed within
two years of the date the claim arises.new text begin A claim arises when the petitioner has actual
knowledge of the legal or factual basis for that claim.
new text end
Sec. 9.
Minnesota Statutes 2018, section 590.11, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .
new text begin (a)new text end For purposes of this section, new text begin the following
terms have the meanings given them.
new text end
new text begin (b) new text end "Exonerated" means that:
(1) a court deleted text begin of this statedeleted text end :
(i) vacated deleted text begin ordeleted text end new text begin ,new text end reversednew text begin , or set asidenew text end a judgment of conviction on grounds consistent with
innocence and new text begin there are no remaining felony charges in effect against the petitioner from
the same behavioral incident, or if there are remaining felony charges against the petitioner
from the same behavioral incident, new text end the prosecutor deleted text begin dismissed thedeleted text end new text begin dismisses those remaining
felonynew text end charges; or
(ii) ordered a new trial on grounds consistent with innocence and the prosecutor dismissed
deleted text begin the charges or the petitioner was found not guilty at the new trialdeleted text end new text begin all felony charges against
the petitioner arising from the same behavioral incident or the petitioner was found not
guilty of all felony charges arising from the same behavioral incident at the new trialnew text end ; deleted text begin and
deleted text end
(2) the time for appeal of the order resulting in exoneration has expired or the order has
been affirmed and is finaldeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) 60 days have passed since the judgment of conviction was reversed or vacated, and
the prosecutor has not filed any felony charges against the petitioner from the same behavioral
incident, or if the prosecutor did file felony charges against the petitioner from the same
behavioral incident, those felony charges were dismissed or the defendant was found not
guilty of those charges at the new trial.
new text end
new text begin
(c) "On grounds consistent with innocence" means either:
new text end
new text begin
(1) exonerated, through a pardon or sentence commutation, based on factual innocence;
or
new text end
new text begin
(2) exonerated because the judgment of conviction was vacated or reversed, or a new
trial was ordered, and there is any evidence of factual innocence whether it was available
at the time of investigation or trial or is newly discovered evidence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 10.
Minnesota Statutes 2018, section 590.11, subdivision 2, is amended to read:
Subd. 2.
Procedure.
A petition for an order declaring eligibility for compensation based
on exoneration under sections 611.362 to 611.368 must be brought before the district court
where the original conviction was obtained. The state must be represented by the office of
the prosecutor that obtained the conviction or the prosecutor's successor. Within 60 days
after the filing of the petition, the prosecutor must respond to the petition. A petition must
be brought within two years, but no less than 60 days after the petitioner is exonerated.
deleted text begin Persons released from custody after being exonerated before July 1, 2014, must commence
an action under this section within two years of July 1, 2014.deleted text end new text begin If before July 1, 2019, a person
did not meet both requirements of Minnesota Statutes 2018, section 590.11, subdivision 1,
clause (1), item (i), and did not file a petition or the petition was denied, that person may
commence an action meeting the requirements under subdivision 1, paragraph (b), clause
(1), item (i), on or after July 1, 2019, and before July 1, 2021.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 11.
Minnesota Statutes 2018, section 590.11, subdivision 5, is amended to read:
Subd. 5.
Elements.
(a) A claim for compensation arises if a person is eligible for
compensation under subdivision 3 and:
(1) the person was convicted of a felony and served any part of the imposed sentence
deleted text begin in prisondeleted text end ;
(2) in cases where the person was convicted of multiple charges arising out of the same
behavioral incident, the person was exonerated for all of those charges;
(3) the person did not commit or induce another person to commit perjury or fabricate
evidence to cause or bring about the conviction; and
(4) the person was not serving a term of deleted text begin imprisonmentdeleted text end new text begin incarcerationnew text end for another crime
at the same time, deleted text begin provided thatdeleted text end new text begin except:
new text end
new text begin (i)new text end if the person served additional time in prison new text begin or jail new text end due to the conviction that is the
basis of the claim, the person may make a claim for that portion of time served in prison new text begin or
jail new text end during which the person was serving no other sentencedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(ii) if the person served additional executed sentences that had been previously stayed,
and the reason the additional stayed sentences were executed was due to the conviction that
is the basis for the claim.
new text end
(b) A claimant may make a claim only for that portion of time served in prison new text begin or jail
new text end during which the claimant was serving no other sentencenew text begin , unless the other sentence arose
from the circumstances described in paragraph (a), clause (4), item (ii)new text end .
(c) A confession or admission later found to be false or a guilty plea to a crime the
claimant did not commit does not constitute bringing about the claimant's conviction for
purposes of paragraph (a), clause (3).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 12.
Minnesota Statutes 2018, section 590.11, subdivision 7, is amended to read:
Subd. 7.
Order.
If, after considering all the files and records admitted and any evidence
admitted at a hearing held pursuant to subdivision 4, the court determines that the petitioner
is eligible for compensation, the court shall issue an order containing its findings and, if
applicable, indicate the portion of the term of deleted text begin imprisonmentdeleted text end new text begin incarcerationnew text end for which the
petitioner is entitled to make a claim. The court shall notify the petitioner of the right to file
a claim for compensation under sections 611.362 to 611.368 and provide the petitioner with
a copy of those sections. The petitioner must acknowledge receipt of the notice and a copy
of those sections in writing or on the record before the court.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 13.
Minnesota Statutes 2018, section 609.106, subdivision 2, is amended to read:
Subd. 2.
Life without release.
new text begin Except as provided in subdivision 3, new text end the court shall
sentence a person to life imprisonment without possibility of release under the following
circumstances:
(1) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (1), (2), (4), or (7);
(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, paragraph (a), clause (3); or
(3) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (3), (5), or (6), and the court determines on the record at the time of sentencing that
the person has one or more previous convictions for a heinous crime.
Sec. 14.
Minnesota Statutes 2018, section 609.106, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Offender under age 18; life imprisonment. new text end
new text begin
The court shall sentence a person
who was under 18 years of age at the time of the commission of an offense under the
circumstances described in subdivision 2 to imprisonment for life.
new text end
Sec. 15.
Minnesota Statutes 2018, section 609.115, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Family impact statement. new text end
new text begin
(a) If the defendant is a parent, guardian, or
caregiver of a minor child, and if the defendant may be sentenced to a term of imprisonment,
the court may order that the officer preparing the report under subdivision 1 prepare a family
impact statement for the purpose of providing the court with information regarding sentencing
options other than a term of imprisonment. The family impact statement must address the
impact on any minor child and other family members that would result if the defendant is
sentenced to a term of imprisonment including, but not limited to, the impact on the financial
needs of the child and other family members; the relationship between the defendant and
the child; the defendant's duties and responsibilities as a parent, guardian, or caregiver of
the child; the availability of community and family support for the child; and the likely
impact on the child's health, safety, and education.
new text end
new text begin
(b) At sentencing, the court may consider whether, based on the information in the family
impact statement, the defendant is particularly amenable to probation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to presentence
investigation reports caused to be made on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2018, section 609.135, subdivision 1a, is amended to read:
Subd. 1a.
Failure to pay restitution.
If the court orders payment of restitution as a
condition of probation and if the defendant fails to pay the restitution in accordance with
the payment schedule or structure established by the court or the probation officer, the
prosecutor or the defendant's probation officer may, on the prosecutor's or the officer's own
motion or at the request of the victim, ask the court to hold a hearing to determine whether
or not the conditions of probation should be changed or probation should be revoked. The
defendant's probation officer shall ask for the hearing if the restitution ordered has not been
paid prior to 60 days before the term of probation expires. The court shall schedule and hold
this hearing and take appropriate action, including action under subdivision 2, paragraph
deleted text begin (g)deleted text end new text begin (i)new text end , before the defendant's term of probation expires.
Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104 when a defendant fails to pay court-ordered restitution.
Sec. 17.
Minnesota Statutes 2018, section 609.135, subdivision 1c, is amended to read:
Subd. 1c.
Failure to complete court-ordered treatment.
If the court orders a defendant
to undergo treatment as a condition of probation and if the defendant fails to successfully
complete treatment at least 60 days before the term of probation expires, the prosecutor or
the defendant's probation officer may ask the court to hold a hearing to determine whether
the conditions of probation should be changed or probation should be revoked. The court
shall schedule and hold this hearing and take appropriate action, including action under
subdivision 2, paragraph deleted text begin (h)deleted text end new text begin (i)new text end , before the defendant's term of probation expires.
Sec. 18.
Minnesota Statutes 2018, section 609.135, subdivision 2, is amended to read:
Subd. 2.
Stay of sentence maximum periods.
(a) If the conviction is for a felony other
than deleted text begin section 609.2113, subdivision 1 or 2, or 609.2114, subdivision 2, or Minnesota Statutes
2012, section 609.21, subdivision 1a, paragraph (b) or (c)deleted text end new text begin an offense listed in paragraph
(b)new text end , the stay shall be for not more than deleted text begin fourdeleted text end new text begin fivenew text end years deleted text begin or the maximum period for which the
sentence of imprisonment might have been imposed, whichever is longerdeleted text end .
new text begin
(b) If the conviction is for a felony violation of section 609.19, 609.195, 609.20, 609.2662,
609.2663, 609.2664, 609.268, 609.342, 609.343, 609.344, 609.345, or 609.3451, the stay
shall be for the maximum time period for which the sentence of imprisonment might have
been imposed by the court.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end If the conviction is for a gross misdemeanor violation of section 169A.20deleted text begin ,
609.2113, subdivision 3,deleted text end or 609.3451, deleted text begin or for a felony described in section 609.2113,
subdivision 1 or 2, or 609.2114, subdivision 2,deleted text end the stay shall be for not more than deleted text begin sixdeleted text end new text begin fivenew text end
years. The court shall provide for unsupervised probation for the last year of the stay unless
the court finds that the defendant needs supervised probation for all or part of the last year.
deleted text begin (c)deleted text end new text begin (d)new text end If the conviction is for a gross misdemeanor not specified in paragraph deleted text begin (b)deleted text end new text begin (c)new text end ,
the stay shall be for not more than two years.
deleted text begin (d)deleted text end new text begin (e)new text end If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224,
subdivision 1, in which the victim of the crime was a family or household member as defined
in section 518B.01, the stay shall be for not more than two years. The court shall provide
for unsupervised probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.
deleted text begin (e)deleted text end new text begin (f)new text end If the conviction is for a misdemeanor not specified in paragraph deleted text begin (d)deleted text end new text begin (e)new text end , the stay
shall be for not more than one year.
deleted text begin (f)deleted text end new text begin (g)new text end The defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended underdeleted text begin paragraph (g)deleted text end new text begin paragraphs (h) through
(l)new text end , or the defendant has already been discharged.
new text begin
(h) If the defendant has received a stayed sentence for a conviction of a felony offense
and as a condition of probation was ordered by the court to pay restitution, the probation
officer, or the court if the defendant is on unsupervised probation, shall notify the prosecuting
authority six months prior to the expiration or early discharge of a stayed sentence, the
amount of any unpaid court-ordered restitution. Notwithstanding the maximum periods
specified for stays of sentences under paragraph (a) or (b), a court may extend a defendant's
term of probation for up to three years if it finds, at a hearing conducted under subdivision
1a, that:
new text end
new text begin
(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and
new text end
new text begin
(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.
new text end
new text begin
The extension of probation for failure to pay restitution may be extended by the court for
up to two additional years if the court finds, at another hearing conducted under subdivision
1a, that the defendant still has not paid the court-ordered restitution that the defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.
new text end
new text begin
(i) If the defendant has received a stayed sentence for a conviction of a felony offense
and as a condition of probation was ordered to successfully complete treatment, the probation
officer, or the court if the defendant is on unsupervised probation, shall notify the prosecuting
authority six months prior to the expiration or early discharge of a stayed sentence as to
whether the defendant has successfully completed court-ordered treatment. Notwithstanding
the maximum periods specified for stays of sentences under paragraph (a) or (b), a court
may extend a defendant's term of probation for up to three years if it finds, at a hearing
conducted under subdivision 1c, that:
new text end
new text begin
(1) the defendant has failed to complete court-ordered treatment successfully; and
new text end
new text begin
(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.
new text end
new text begin
The extension of probation for failure to successfully complete court-ordered treatment may
be extended by the court for up to an additional two years if the court finds, at another
hearing conducted under subdivision 1c, that the defendant still has not successfully
completed the court-ordered treatment.
new text end
deleted text begin (g)deleted text end new text begin (j)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs deleted text begin (a)deleted text end new text begin (c)new text end to (f), a court may extend a defendant's term of probation for up to one
year if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.
This one-year extension of probation for failure to pay restitution may be extended by the
court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution that the
defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.
deleted text begin (h)deleted text end new text begin (k)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs deleted text begin (a)deleted text end new text begin (c)new text end to (f), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.
new text begin
(l) If the defendant has received a stayed sentence for a conviction of a violent crime as
defined under section 609.1095, subdivision 1, paragraph (d), except violations of any
provisions of chapter 152, the probation officer, or the court if the defendant is on
unsupervised probation, shall notify the prosecuting authority six months prior to the
expiration or early discharge of a stayed sentence that the stayed sentence will expire or
that the defendant will be discharged early from a stayed sentence. Notwithstanding the
maximum periods specified for stays of sentences under paragraph (a) or (b), upon motion
by the prosecuting authority and hearing, a court may extend a defendant's term of probation
up to three years if it finds by a preponderance of the evidence that the defendant remains
a threat to public safety. In making this determination, the court shall consider the following:
new text end
new text begin
(1) the seriousness and frequency of any previous violations of the conditions of
probation;
new text end
new text begin
(2) any pending probation violations or criminal offenses for which a violation report
or criminal charge has been filed with a court;
new text end
new text begin
(3) whether the defendant has been convicted of additional criminal offenses while on
probation; and
new text end
new text begin
(4) whether the court issued a domestic abuse no contact order pursuant to section 629.75,
subdivision 1, and whether such an order remains in effect.
new text end
new text begin
Upon motion of the prosecuting authority and hearing, the extension of probation on the
basis that the defendant remains a threat to public safety may be extended by the court for
up to two additional years if the court, using the same factors as above, finds by a
preponderance of the evidence that the defendant remains a threat to public safety. Any
extensions of probation ordered by the court under this subdivision may not exceed the
maximum period for which the sentence of imprisonment might have been imposed.
new text end
new text begin
(m) Notwithstanding the time periods for stays of sentences under paragraphs (a) to (f),
a court may discharge a defendant from probation before the expiration of the maximum
period prescribed for the probation. If the defendant is discharged from probation before
the expiration of the maximum period prescribed for probation, the defendant shall not be
subject to a custody status point if charged and convicted of a subsequent crime during the
original pronounced probationary sentence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to stays of
sentence granted on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2018, section 609.135, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin
Stay of sentence maximum periods; sentence stayed before August 1,
2019.
new text end
new text begin
(a) Notwithstanding the sentence announced by the court, an eligible offender shall
be discharged from probation on August 1, 2024, unless the court extends the defendant's
term of probation consistent with subdivision 2, paragraph (h), (i), or (l).
new text end
new text begin
(b) As used in this section, "eligible offender" means a person who:
new text end
new text begin
(1) was sentenced prior to August 1, 2019, for a felony offense other than an offense
listed in subdivision 2, paragraph (b);
new text end
new text begin
(2) received a stay of imposition or execution of sentence pursuant to subdivision 1;
new text end
new text begin
(3) has not been discharged from probation; and
new text end
new text begin
(4) is serving a sentence that has not otherwise expired or been executed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019.
new text end
Sec. 20.
Minnesota Statutes 2018, section 609.3455, subdivision 2, is amended to read:
Subd. 2.
Mandatory life sentence without release; egregious first-time and repeat
offenders.
(a) new text begin Except as provided in paragraph (c), new text end notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person convicted
under section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or 609.343,
subdivision 1, paragraph (c), (d), (e), (f), or (h), to life without the possibility of release if:
(1) the fact finder determines that two or more heinous elements exist; or
(2) the person has a previous sex offense conviction for a violation of section 609.342,
609.343, or 609.344, and the fact finder determines that a heinous element exists for the
present offense.
(b) A fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343. In addition, when determining whether
two or more heinous elements exist, the fact finder may not use the same underlying facts
to support a determination that more than one element exists.
new text begin
(c) The court shall sentence a person who was under 18 years of age at the time of the
commission of an offense described in paragraph (a) to imprisonment for life.
new text end
Sec. 21.
Minnesota Statutes 2018, section 609A.02, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Identity theft or mistaken identity. new text end
new text begin
(a) Upon the dismissal and discharge of
criminal proceedings brought against a person as a result of mistaken identity or another
person using the identifying information of the named person by identity theft under section
609.527, the prosecutor shall notify the court of the dismissal and discharge under section
609A.025. The court administrator under section 609A.03, subdivision 8, shall send a copy
of the expungement order to each state and federal agency and jurisdiction, including but
not limited to the Departments of Corrections and Public Safety and law enforcement
agencies, whose records are affected by the order.
new text end
new text begin
(b) The condition under section 299C.11, subdivision 1, that an arrested person's criminal
records may only be destroyed or sealed if the arrested person has not been convicted of
any felony or gross misdemeanor within ten years immediately preceding the determination
of all criminal actions or proceedings in favor of the arrested person, does not apply to a
person who, as a result of mistaken identity or identity theft, is charged and:
new text end
new text begin
(1) the charges are dismissed prior to a determination of probable cause or the prosecutor
declined to file charges and a grand jury did not return an indictment; or
new text end
new text begin
(2) all criminal actions or proceedings are determined in favor of the arrested person.
new text end
new text begin
(c) The effect of the court order to seal the record of the proceedings under paragraph
(a) shall be to restore the person, under the law, to the status the person occupied before the
arrest, indictment or information, trial, and dismissal and discharge. The person shall not
be guilty of perjury or otherwise of giving a false statement if the person fails to acknowledge
the arrest, indictment, information, or trial in response to any inquiry made for any purpose.
The person shall not be responsible for any fees or costs resulting from the court order
including but not limited to reinstatement fees of any licenses or the costs of sealing records.
new text end
new text begin
(d) For the purposes of this section, the following terms have the meanings given them:
new text end
new text begin
(1) "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, the Enforcement Division of the Department of Natural
Resources, the Commerce Fraud Bureau, the Bureau of Criminal Apprehension, or the
Minnesota State Patrol; and
new text end
new text begin
(2) "mistaken identity" means the erroneous arrest of a person for a crime as a result of
misidentification by a witness or law enforcement, confusion on the part of a witness or
law enforcement as to the identity of the person who committed the crime, misinformation
provided to law enforcement as to the identity of the person who committed the crime, or
some other mistake on the part of a witness or law enforcement as to the identity of the
person who committed the crime.
new text end
Sec. 22.
Minnesota Statutes 2018, section 609A.025, is amended to read:
609A.025 NO PETITION REQUIRED IN CERTAIN CASES WITH
PROSECUTOR AGREEMENT AND NOTIFICATION.
(a) If the prosecutor agrees to the sealing of a criminal record, the court shall seal the
criminal record for a person described in section 609A.02, subdivision new text begin 1a or new text end 3, without the
filing of a petition unless it determines that the interests of the public and public safety in
keeping the record public outweigh the disadvantages to the subject of the record in not
sealing it.
(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
make a good faith effort to notify any identifiable victims of the offense of the intended
agreement and the opportunity to object to the agreement.
(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records
for a person described in section 609A.02, subdivision new text begin 1a or new text end 3, paragraph (a), clause (2),
may occur before or after the criminal charges are dismissed.
Sec. 23.
Minnesota Statutes 2018, section 611.365, subdivision 2, is amended to read:
Subd. 2.
Reimbursement; monetary damages; attorney fees.
(a) The claimant is
entitled to reimbursement for all restitution, assessments, fees, court costs, and other sums
paid by the claimant as required by the judgment and sentence. In addition, the claimant is
entitled to monetary damages of not less than $50,000 for each year of deleted text begin imprisonmentdeleted text end new text begin
incarcerationnew text end , and not less than $25,000 for each year served on supervised release new text begin or
probation new text end or as a registered predatory offender, to be prorated for partial years served. In
calculatingnew text begin additionalnew text end monetary damages, the panel shall consider:
(1) economic damages, including reasonable attorney fees, lost wages, reimbursement
for costs associated with the claimant's criminal defense;
(2) reimbursement for medical and dental expenses that the claimant already incurred
and future unpaid expenses expected to be incurred as a result of the claimant's deleted text begin imprisonmentdeleted text end new text begin
incarcerationnew text end ;
(3) noneconomic damages for personal physical injuries or sickness and any nonphysical
injuries or sickness incurred as a result of deleted text begin imprisonmentdeleted text end new text begin incarcerationnew text end ;
(4) reimbursement for any tuition and fees paid for each semester successfully completed
by the claimant in an educational program or for employment skills and development training,
up to the equivalent value of a four-year degree at a public university, and reasonable
payment for future unpaid costs for education and training, not to exceed the anticipated
cost of a four-year degree at a public university;
(5) reimbursement for paid or unpaid child support payments owed by the claimant that
became due, and interest on child support arrearages that accrued, during the time served
in prison provided that there shall be no reimbursement for any child support payments
already owed before the claimant's incarceration; and
(6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for
immediate services secured by the claimant upon exoneration and release, including housing,
transportation and subsistence, reintegrative services, and medical and dental health care
costs.
(b) The panel shall award the claimant reasonable attorney fees incurred in bringing a
claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for
compensation based on exoneration under chapter 590.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 24.
Minnesota Statutes 2018, section 611.365, subdivision 3, is amended to read:
Subd. 3.
Limits on damages.
There is no limit on the aggregate amount of damages
that may be awarded under this section. Damages that may be awarded under subdivision
2, paragraph (a), clauses (1) and (4) to (6), are limited to $100,000 per year of deleted text begin imprisonmentdeleted text end new text begin
incarcerationnew text end and $50,000 per year served on supervised release new text begin or probation new text end or as a registered
predatory offender.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 25.
Minnesota Statutes 2018, section 611.367, is amended to read:
611.367 COMPENSATING EXONERATED PERSONS; APPROPRIATIONS
PROCESS.
The compensation panel established in section 611.363 shall forward an award of damages
under section 611.365 to the commissioner of management and budget. The commissioner
shall submit the amount of the award to the legislature for consideration as an appropriationdeleted text begin
during the next session of the legislaturedeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 26.
Minnesota Statutes 2018, section 611.368, is amended to read:
611.368 SHORT TITLE.
Sections 611.362 to 611.368 shall be cited as the "deleted text begin Imprisonmentdeleted text end new text begin Incarcerationnew text end and
Exoneration Remedies Act."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 27.
Minnesota Statutes 2018, section 611A.039, subdivision 1, is amended to read:
Subdivision 1.
Notice required.
new text begin (a) new text end Except as otherwise provided in subdivision 2,
within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which
there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts
to provide to each affected crime victim oral or written notice of the final disposition of the
case.
new text begin
(b) The probation agent or office responsible for supervising an offender, or the agent's
or office's designee, shall make a reasonable and good faith effort to notify each affected
crime victim within a reasonable time after the court orders an offender discharged early
from probation.
new text end
new text begin (c)new text end When the court is considering modifying the sentence for a felony or a crime of
violence or an attempted crime of violence, the court or its designee shall make a reasonable
and good faith effort to notify the victim of the crime. If the victim is incapacitated or
deceased, notice must be given to the victim's family. If the victim is a minor, notice must
be given to the victim's parent or guardian. The notice must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person to contact for additional information;
and
(4) a statement that the victim and victim's family may provide input to the court
concerning the sentence modification.
new text begin (d) new text end As used in this section, "crime of violence" has the meaning given in section 624.712,
subdivision 5, and also includes gross misdemeanor violations of section 609.224, and
nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.
Sec. 28.
Minnesota Statutes 2018, section 629.53, is amended to read:
629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.
new text begin Subdivision 1. new text end
new text begin Pretrial release. new text end
A person charged with a criminal offense may be
released with or without bail in accordance with rule 6.02 of the Rules of Criminal Procedurenew text begin
and this section. To the extent a court determines there is a conflict between rule 6.02 of
the Rules of Criminal Procedure and this section, this section shall controlnew text end .
new text begin Subd. 2. new text end
new text begin Release of a person charged with a misdemeanor offense. new text end
new text begin
(a) A defendant
charged with a misdemeanor offense, other than a violation identified in paragraph (e), must
be released on personal recognizance unless the court determines that there is a substantial
likelihood that the defendant will not appear at future court proceedings or poses a threat
to a victim's safety.
new text end
new text begin
(b) If the court determines that there is a substantial likelihood that a defendant will not
appear at future court appearances, the court must impose the least restrictive conditions of
release that will reasonably assure the person's appearance as ordered. These conditions of
release include but are not limited to an unsecured appearance bond or money bail on which
the defendant may be released by posting cash or sureties. If the court sets conditions of
release other than an unsecured appearance bond or money bail, it must also set money bail
without other conditions on which the defendant may be released.
new text end
new text begin
(c) The court must not impose a financial condition of release on a defendant subject to
this subdivision that results in the pretrial detention of the defendant. Financial conditions
of release include but are not limited to money bail.
new text end
new text begin
(d) If a defendant subject to this subdivision remains in custody for more than 48 hours
after the court imposes a financial condition of release, the court must review the conditions
of release and there exists a rebuttable presumption that the financial condition resulted in
the pretrial detention of the defendant.
new text end
new text begin
(e) This subdivision does not apply to violations of:
new text end
new text begin
(1) section 169A.20;
new text end
new text begin
(2) section 518B.01;
new text end
new text begin
(3) section 609.224;
new text end
new text begin
(4) section 609.2242;
new text end
new text begin
(5) section 609.748;
new text end
new text begin
(6) section 609.749; and
new text end
new text begin
(7) section 629.75.
new text end
new text begin
(f) If a defendant released pursuant to paragraph (a) or (b) fails to appear at a required
court hearing, the court shall issue a summons or warrant directing that the defendant appear
in court pursuant to rule 6.03 of the Rules of Criminal Procedure.
new text end
new text begin Subd. 3. new text end
new text begin Presumption of release on personal recognizance. new text end
new text begin
Except as described in
subdivision 2, on appearance before the court, a defendant charged with a misdemeanor
must be released on personal recognizance or an unsecured appearance bond unless otherwise
provided by law, or a court determines that release will endanger the public safety, a victim's
safety, or will not reasonably assure the defendant's appearance.
new text end
new text begin Subd. 4. new text end
new text begin Money bail; disposition. new text end
Money bail is the property of the accused, whether
deposited by that person or by a third person on the accused's behalf. When money bail is
accepted by a judge, that judge shall order it to be deposited with the court administrator.
The court administrator shall retain it until the final disposition of the case and the final
order of the court disposing of the case. Upon release, the amount released must be paid to
the accused personally or upon that person's written order. In case of conviction, the judge
may order the money bail deposit to be applied to any fine or restitution imposed on the
defendant by the court and, if the fine or restitution is less than the deposit, order the balance
to be paid to the defendant. Money bail deposited with the court or any officer of it is exempt
from garnishment or levy under attachment or execution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019.
new text end
Sec. 29.
Minnesota Statutes 2018, section 638.02, subdivision 3, is amended to read:
Subd. 3.
Pardon extraordinary; filing; copies sent.
Upon granting a pardon
extraordinarynew text begin ,new text end the Board of Pardons shall file a copy of it with the district court of the county
in which the conviction occurreddeleted text begin , and the court shall order the conviction set aside and
include a copy of the pardon in the court filedeleted text end . new text begin The court shall order all records wherever
held relating to the arrest, indictment or information, trial, verdict, and pardon sealed and
prohibit the disclosure of the existence of the records or the opening of the records except
under court order or pursuant to section 609A.03, subdivision 7a, paragraph (b), clause (1).
new text end The court shall send a copy of its order and the pardon to the Bureau of Criminal
Apprehensionnew text begin and all other government entities that hold affected recordsnew text end .
Sec. 30.
Laws 2017, chapter 95, article 3, section 30, is amended to read:
Sec. 30. ALTERNATIVES TO INCARCERATION PILOT PROGRAM deleted text begin FUNDdeleted text end .
(a) Agencies providing supervision to offenders on probation, parole, or supervised
release are eligible for grants to facilitate access to community options including, but not
limited to, inpatient chemical dependency treatment for nonviolent controlled substance
offenders to address and correct behavior that is, or is likely to result in, a technical violation
of the conditions of release. For purposes of this section, "nonviolent controlled substance
offender" is a person who meets the criteria described under Minnesota Statutes, section
244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means a violation
of a court order of probation, condition of parole, or condition of supervised release, except
an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
petition.
(b) The Department of Corrections shall establish criteria for selecting grant recipients
and the amount awarded to each grant recipient.
(c) deleted text begin By January 15, 2019,deleted text end The commissioner of corrections shall submit deleted text begin adeleted text end new text begin an annualnew text end
report to the chairs of the house of representatives and senate committees with jurisdiction
over public safety policy and financenew text begin by January 15 of each yearnew text end . At a minimum, the report
must include:
(1) the total number of grants issued under this program;
(2) the average amount of each grant;
(3) the community services accessed as a result of the grants;
(4) a summary of the type of supervision offenders were under when a grant was used
to help access a community option;
(5) the number of individuals who completed, and the number who failed to complete,
programs accessed as a result of this grant; deleted text begin and
deleted text end
(6) the number of individuals who violated the terms of release following participation
in a program accessed as a result of this grant, separating technical violations and new
criminal offensesdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(7) the number of individuals who completed or were discharged from probation after
participating in the program;
new text end
new text begin
(8) the number of individuals identified in clause (7) who committed a new offense
within four years after discharge from the program;
new text end
new text begin
(9) identification of barriers nonviolent controlled substance offenders face in accessing
community services and a description of how the program navigates those barriers; and
new text end
new text begin
(10) identification of gaps in existing community services for nonviolent controlled
substance offenders.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 31. new text begin GRANTS TO FACILITATE EXIT FROM SUPERVISED RELEASE.
new text end
new text begin
(a) The commissioner of corrections shall provide grants to facilitate access to community
options for supervised offenders. The commissioner shall establish criteria for selecting
grant recipients and the amount awarded to each grant recipient, with a preference for how
recipients will enhance existing supervision and services.
new text end
new text begin
(b) By January 15, 2021, the commissioner of corrections shall submit a report to the
chairs and ranking minority members of the senate and house of representatives committees
and divisions having jurisdiction over public safety policy and finance. At a minimum, the
report must include:
new text end
new text begin
(1) the total number of grants issued under this program;
new text end
new text begin
(2) the average amount of each grant;
new text end
new text begin
(3) the community services accessed as a result of the grants;
new text end
new text begin
(4) a summary of the type of supervision offenders were under when a grant was used
to help access a community option;
new text end
new text begin
(5) the number of individuals who completed, and the number who failed to complete,
programs accessed as a result of this grant; and
new text end
new text begin
(6) the number of individuals who violated the terms of release following participation
in a program accessed as a result of this grant, separating technical violations and new
criminal offenses.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 32. new text begin RULE SUPERSEDED.
new text end
new text begin
Minnesota Rules of Juvenile Delinquency Procedure, rule 2.03, subdivision 1, is
superseded to the extent it conflicts with Minnesota Statutes, section 260B.008.
new text end
Sec. 33. new text begin COMPLIANCE WITH JUVENILE RESTRAINT PROVISION.
new text end
new text begin
By July 1, 2020, each judicial district shall develop a protocol to address how to
implement and comply with Minnesota Statutes, section 260B.008. In developing the
protocol, a district shall consult with law enforcement agencies, prosecutors, and public
defenders within the district, as well as any other entity deemed necessary by the district's
chief judge.
new text end
Sec. 34. new text begin ADOPTION OF JUVENILE DETENTION RISK ASSESSMENT
INSTRUMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Adoption required. new text end
new text begin
By September 15, 2020, the commissioner of
corrections shall adopt an objective and racially, ethnically, and gender-responsive juvenile
detention risk assessment instrument.
new text end
new text begin Subd. 2. new text end
new text begin Consultation required. new text end
new text begin
In adopting the risk assessment instrument required
in subdivision 1, the commissioner shall consult and collaborate with the commissioners
of public safety and human services, state coordinator or coordinators of the Minnesota
Juvenile Detention Alternative Initiative, and individuals throughout the state who are
knowledgeable in matters relating to the detention and treatment of juvenile offenders and
at-risk juveniles including but not limited to individuals from the courts, probation, law
enforcement, prosecutorial offices, public defender's offices, communities of color, social
services, juvenile detention and shelter care facilities, and juvenile residential treatment and
correctional facilities. The commissioner shall also review similar risk assessment instruments
in use both inside and outside of the state.
new text end
Sec. 35. new text begin SPECIALIZED MENTAL HEALTH COMMUNITY SUPERVISION.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization. new text end
new text begin
The commissioner of corrections shall award grants to
up to two counties with no mental health specialty court to develop and implement a pilot
project to evaluate the impact of a coordinated, multidisciplinary service delivery approach
for offenders on probation, parole, supervised release, or pretrial status struggling with
mental illness in the community. The pilot project is from July 1, 2019, to June 30, 2021.
new text end
new text begin Subd. 2. new text end
new text begin Pilot project goals and design. new text end
new text begin
(a) The pilot project must provide enhanced
assessment, case management, treatment services, and community supervision for criminal
justice clients with mental illness struggling to manage symptoms and behavior resulting
in heightened risk to harm self or others, recidivate, commit violations of supervision, or
face incarceration or reincarceration.
new text end
new text begin
(b) The goals of the pilot project are to:
new text end
new text begin
(1) improve mental health service delivery and supervision coordination through the
establishment of a multidisciplinary caseload management team that must include at least
one probation officer and one social services professional who share case management
responsibilities;
new text end
new text begin
(2) provide expedited assessment, diagnosis, and community-based treatment and
programming for acute symptom and behavior management;
new text end
new text begin
(3) enhance community supervision through a specialized caseload and team specifically
trained to work with individuals with mental illness;
new text end
new text begin
(4) offer community-based mental health treatment and programming alternatives to jail
or prison incarceration if available and appropriate;
new text end
new text begin
(5) reduce the number of incarceration days related to unmanaged mental illness and
technical violations;
new text end
new text begin
(6) eliminate or reduce duplication of services between county social services and
corrections; and
new text end
new text begin
(7) improve collaboration and reduce barriers among criminal justice system partners,
county social services, and community service providers.
new text end
new text begin Subd. 3. new text end
new text begin Target population. new text end
new text begin
The target population of the pilot project is:
new text end
new text begin
(1) adult offenders on probation, parole, supervised release, or pretrial status assessed
with significant or unmanaged mental illness or acute symptoms who may pose a risk to
self or others, pose an increased risk to recidivate, or commit technical violations of
supervision;
new text end
new text begin
(2) adult offenders receiving county social service case management for mental illness
and under correctional supervision in a county with no mental health specialty court; and
new text end
new text begin
(3) adult offenders incarcerated in jail with significant or unmanaged mental illness who
may be safely treated in a community setting under correctional supervision.
new text end
new text begin Subd. 4. new text end
new text begin Evaluation and report. new text end
new text begin
By October 1, 2021, grant recipients must report to
the chairs and ranking members of the legislative committees and divisions with jurisdiction
over public safety and corrections, and the commissioner of corrections, on the impact and
outcomes of the project.
new text end
Sec. 36. new text begin TASK FORCE ON THE IMPLEMENTATION OF DOSAGE PROBATION.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A task force on the implementation of dosage probation
is established to analyze dosage probation and earned time credit programs, develop a
comprehensive plan for implementation of dosage probation in Minnesota, and recommend
possible legislative action.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The task force consists of 16 members as follows:
new text end
new text begin
(1) the chief justice of the supreme court or a designee;
new text end
new text begin
(2) one district court judge appointed by the chief justice of the supreme court;
new text end
new text begin
(3) the state public defender or a designee;
new text end
new text begin
(4) one county attorney appointed by the board of directors of the Minnesota County
Attorneys Association;
new text end
new text begin
(5) one city attorney;
new text end
new text begin
(6) the commissioner of corrections or a designee;
new text end
new text begin
(7) one probation officer from a Community Corrections Act county in the metropolitan
area;
new text end
new text begin
(8) one probation officer from a Community Corrections Act county in greater Minnesota;
new text end
new text begin
(9) one probation officer from the Department of Corrections;
new text end
new text begin
(10) one county probation officer as described in Minnesota Statutes, section 244.19;
new text end
new text begin
(11) one peace officer, as defined in Minnesota Statutes, section 626.84, from the
metropolitan area;
new text end
new text begin
(12) one peace officer, as defined in Minnesota Statutes, section 626.84, from greater
Minnesota;
new text end
new text begin
(13) two individuals who have been convicted of a felony offense and served a sentence
of probation;
new text end
new text begin
(14) a representative from a nonprofit agency providing treatment services to individuals
on probation in the metropolitan area; and
new text end
new text begin
(15) a representative from a nonprofit agency providing treatment services to individuals
on probation in greater Minnesota.
new text end
new text begin
(b) For purposes of this subdivision, "metropolitan area" has the meaning given in
Minnesota Statutes, section 473.121, subdivision 2, and "greater Minnesota" has the meaning
given in Minnesota Statutes, section 116J.8738, subdivision 1, paragraph (e).
new text end
new text begin
(c) Members of the task force serve without compensation.
new text end
new text begin
(d) Unless otherwise specified, members shall be appointed by the commissioner of
corrections. Members of the task force serve at the pleasure of the appointing authority or
until the task force expires. Vacancies shall be filled by the appointing authority consistent
with the qualifications of the vacating member required by this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end
new text begin
(b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2019, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end
new text begin
(c) The task force shall meet at least quarterly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin
(d) The task force shall request the cooperation and assistance of tribal governments,
nongovernmental organizations, community and advocacy organizations working with
adults on probation, and academic researchers and experts.
new text end
new text begin Subd. 4. new text end
new text begin Duties. new text end
new text begin
(a) The duties of the task force shall, at a minimum, include:
new text end
new text begin
(1) reviewing and examining the dosage probation model of the National Institute of
Corrections;
new text end
new text begin
(2) reviewing and assessing current supervision models in use in Minnesota, including
specialty courts and any pilot projects;
new text end
new text begin
(3) reviewing and assessing probation models in use in other states;
new text end
new text begin
(4) recommending training for judges, county attorneys, city attorneys, public defenders,
and probation agents;
new text end
new text begin
(5) identifying gaps in existing services, supports, and housing for individuals on
probation;
new text end
new text begin
(6) developing a comprehensive plan to implement a dosage probation model in
Minnesota; and
new text end
new text begin
(7) reviewing existing Minnesota law and proposing amendments or new statutory
provisions.
new text end
new text begin
(b) At its discretion, the task force may examine other related issues consistent with this
section.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
On or before January 15, 2020, the task force shall report to the chairs
and ranking members of the legislative committees and divisions with jurisdiction over
public safety on the work of the task force including but not limited to the issues to be
examined in subdivision 1. The report shall include an assessment of the effect adopting
dosage probation would be expected to have on public safety, probation supervision, and
the Department of Corrections; the comprehensive plan developed under subdivision 4; and
any recommended legislative action.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 37. new text begin SENTENCING GUIDELINES; MODIFICATIONS.
new text end
new text begin
(a) By January 15, 2020, the Sentencing Guidelines Commission shall propose to the
legislature modifications to the sentencing guidelines, including the guidelines grid,
establishing probation guidelines or early discharge targets. When proposing the
modifications, the commission must advise the legislature how the probation guidelines or
early discharge targets will work in conjunction with the procedural requirements imposed
by the U.S. Supreme Court decision in Blakely v. Washington, 542 U.S. 296 (2004), and
make recommendations regarding statutory changes that may be needed to facilitate their
operation.
new text end
new text begin
(b) Modifications proposed by the commission under this section are effective August
1, 2020, unless the legislature by law provides otherwise.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 38. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1, 2, 13, 14, and 20 are effective the day following final enactment and apply
to offenders sentenced on or after that date, and retroactively to offenders sentenced to life
imprisonment without possibility of release following a conviction under Minnesota Statutes,
section 609.185, paragraph (a), clause (1), (2), (4), or (7), for an offense committed when
the offender was under 18 years of age and when a sentence was imposed pursuant to
Minnesota Statutes, section 609.106, subdivision 2, clause (1).
new text end
ARTICLE 10
FIREFIGHTERS
Section 1.
Minnesota Statutes 2018, section 299N.01, subdivision 2, is amended to read:
Subd. 2.
Fire department.
"Fire department" means a regularly organized fire
department, fire protection district, or fire companydeleted text begin , as defined in the State Fire Code adopted
deleted text end deleted text begin under section deleted text end deleted text begin 326B.02, subdivision 6deleted text end deleted text begin ,deleted text end regularly charged with the responsibility of providing
fire protection to the state or a local government and includes a private nonprofit fire
department directly serving a local government. It does not include industrial fire brigadesnew text begin
that do not have a fire department identification number issued by the state fire marshalnew text end .
Sec. 2.
Minnesota Statutes 2018, section 299N.01, subdivision 3, is amended to read:
Subd. 3.
Firefighter.
"Firefighter" means a volunteer, paid on-call, part-time, or deleted text begin careerdeleted text end new text begin
full-timenew text end firefighter serving a general population within the boundaries of the state.
Sec. 3.
Minnesota Statutes 2018, section 299N.02, subdivision 1, is amended to read:
Subdivision 1.
Membership.
Notwithstanding any provision of chapter 15 to the contrary,
the Board of Firefighter Training and Education consists of the following members:
(1) five members representing the Minnesota State Fire Department Association, four
of whom must be volunteer firefighters and one of whom may be a deleted text begin careerdeleted text end new text begin full-timenew text end firefighter,
appointed by the governor;
(2) two members representing the Minnesota State Fire Chiefs Association, one of whom
must be a volunteer fire chief, appointed by the governor;
(3) two members representing the Minnesota Professional Firefighters Association,
appointed by the governor;
(4) two members representing Minnesota home rule charter and statutory cities, appointed
by the governor;
(5) two members representing Minnesota towns, appointed by the governor;
(6) the commissioner of public safety or the commissioner's designee; and
(7) one public member not affiliated or associated with any member or interest represented
in clauses (1) to (6), appointed by the governor.
The Minnesota State Fire Department Association shall recommend five persons to be the
members described in clause (1), the Minnesota State Fire Chiefs Association shall
recommend two persons to be the members described in clause (2), the Minnesota
Professional Firefighters Association shall recommend two persons to be the members
described in clause (3), the League of Minnesota Cities shall recommend two persons to be
the members described in clause (4), and the Minnesota Association of Townships shall
recommend two persons to be the members described in clause (5). In making the
appointments the governor shall try to achieve representation from all geographic areas of
the state.
Sec. 4.
Minnesota Statutes 2018, section 299N.02, subdivision 2, is amended to read:
Subd. 2.
Terms; chair; compensation.
Members of the board shall serve for terms of
four years and deleted text begin annuallydeleted text end new text begin bienniallynew text end elect a chair from among the members. Terms and filling
of vacancies are subject to section 15.0575, subdivisions 2, 4, and 5. Members serve without
compensation.
Sec. 5.
Minnesota Statutes 2018, section 299N.02, subdivision 3, is amended to read:
Subd. 3.
Powers and duties.
(a) The board shall:
(1) review fire service training needs and make recommendations on training to Minnesota
fire service organizations;
(2) establish standards for educational programs for the fire service and develop
procedures for continuing oversight of the programs;
(3) establish qualifications for fire service training instructors in programs established
under clause (2); deleted text begin and
deleted text end
new text begin
(4) maintain a list of instructors that have met the qualifications established under clause
(3), subject to application procedures and requirements established by the board; and
new text end
deleted text begin (4)deleted text end new text begin (5)new text end license full-time firefighters and volunteer firefighters under this chapter.
(b) The board may:
(1) hire or contract for technical or professional services according to section 15.061;
(2) pay expenses necessary to carry out its duties;
(3) apply for, receive, and accept grants, gifts, devises, and endowments that any entity
may make to the board for the purposes of this chapter and may use any money given to it
consistent with the terms and conditions under which the money was received and for the
purposes stated;
new text begin
(4) accept funding from the fire safety account and allocate funding to Minnesota fire
departments in the form of reimbursements that are consistent with the board's
recommendations and the Department of Public Safety firefighter training;
new text end
new text begin
(5) set guidelines regarding how the allocated reimbursement funds must be disbursed;
new text end
new text begin
(6) set and make available to the fire service standards governing the use of funds
reimbursed under this section;
new text end
deleted text begin (4)deleted text end new text begin (7)new text end make recommendations to the legislature to improve the quality of firefighter
training;
deleted text begin (5)deleted text end new text begin (8)new text end collect and provide data, subject to section 13.03;
deleted text begin (6)deleted text end new text begin (9)new text end conduct studies and surveys and make reports; and
deleted text begin (7)deleted text end new text begin (10)new text end conduct other activities necessary to carry out its duties.
Sec. 6.
Minnesota Statutes 2018, section 299N.03, subdivision 4, is amended to read:
Subd. 4.
Fire department.
"Fire department" has the meaning given it in section
299F.092, subdivision 6. For purposes of sections 299N.04 and 299N.05, fire department
also includes a division of a state agency, regularly charged with the responsibility of
providing fire protection to the state or a local government, to include a private, nonprofit
fire department directly serving a local government, but does not include deleted text begin andeleted text end industrial fire
deleted text begin brigadedeleted text end new text begin brigades that do not have a fire department identification number issued by the state
fire marshalnew text end .
Sec. 7.
Minnesota Statutes 2018, section 299N.03, subdivision 5, is amended to read:
Subd. 5.
Full-time firefighter.
A "full-time firefighter" means a person who is employed
and charged with the prevention deleted text begin anddeleted text end new text begin ornew text end suppression of fires within the boundaries of the
state on a full-timedeleted text begin , salarieddeleted text end basis and who is directly engaged in the hazards of firefighting
or is in charge of deleted text begin adeleted text end designated fire deleted text begin company ordeleted text end companiesnew text begin , as defined in section 299N.01,
subdivision 2,new text end that are directly engaged in the hazards of firefighting. Full-time firefighter
does not include a volunteer, part-time, or paid-on-call firefighter.
Sec. 8.
Minnesota Statutes 2018, section 299N.03, subdivision 6, is amended to read:
Subd. 6.
Licensed firefighter.
"Licensed firefighter" means a full-time firefighter, to
include a fire department employee, member, supervisor, new text begin state employee, new text end or appointed
official, who is licensed by the board and charged with the prevention or suppression of
fires within the boundaries of the state. Licensed firefighter may also include a volunteer
firefighter.
Sec. 9.
Minnesota Statutes 2018, section 299N.03, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin NFPA 1001 standard. new text end
new text begin
"NFPA 1001 standard" means the standard for firefighter
professional qualifications established by the National Fire Protection Association.
new text end
Sec. 10.
Minnesota Statutes 2018, section 299N.04, is amended to read:
299N.04 FIREFIGHTER deleted text begin CERTIFICATIONdeleted text end new text begin EXAMINATIONnew text end .
Subdivision 1.
deleted text begin Certificationdeleted text end Examination; requirements.
(a) The board must appoint
an organization that is accredited by the International Fire Service Accreditation Congress
to prepare and administer firefighter certification examinations. Firefighter certification
examinations deleted text begin shalldeleted text end new text begin mustnew text end be designed to ensurenew text begin and demonstratenew text end competency deleted text begin in at least the
following areas:deleted text end new text begin that meets the NFPA 1001 standard or a national standard in areas including
but not limited to:
new text end
(1) fire prevention;
(2) fire suppression; and
(3) hazardous materials operations.
deleted text begin
(b) To receive a certificate, an individual must demonstrate competency in fire prevention
and fire suppression.
deleted text end
new text begin
(b) Certification must be obtained by the individual demonstrating competency in fire
prevention and protection under the NFPA 1001 standard.
new text end
(c) Nothing in this section shall be construed to prohibit any requirement imposed by a
local fire department for more comprehensive training.
Subd. 2.
Eligibility for certification examination.
Except as provided in subdivision
3, any person may take the firefighter certification examination who has successfully
completed the following:
(1)(i) a firefighter course from a postsecondary educational institution, an accredited
institution of higher learning, or another entity that teaches a course that has been approved
by the board; or (ii) an apprenticeship or cadet program maintained by a new text begin Minnesotanew text end fire
department deleted text begin employing the persondeleted text end that has been approved by the board; and
(2) a skills-oriented basic training course.
Subd. 3.
Certain baccalaureate or associate degree holders eligible to take
certification examination.
A person with a baccalaureate degree or an associate degree in
applied fire science technology from an accredited college or university, who has successfully
completed the skills-oriented basic training course under subdivision 2, clause (2), is eligible
to take the firefighter certification examination notwithstanding the requirements of
subdivision 2, clause (1).
Sec. 11.
Minnesota Statutes 2018, section 299N.05, subdivision 1, is amended to read:
Subdivision 1.
Licensure requirement.
A firefighter employed full time by a fire
department is not eligible for permanent employment without being licensed by the boarddeleted text begin .deleted text end new text begin
and meeting the following requirements:
new text end
new text begin
(1) the firefighter successfully completes a firefighter examination under section 299N.04
or completes the examination while serving a probationary period, if any, as determined by
the hiring authority; and
new text end
new text begin
(2) the chief firefighting officer or the chief designee completes the employment
verification portion of the licensing process.
new text end
Sec. 12.
Minnesota Statutes 2018, section 299N.05, subdivision 2, is amended to read:
Subd. 2.
Optional licensing.
A volunteer firefighternew text begin affiliated with a departmentnew text end may
receive or apply for licensure under deleted text begin this sectiondeleted text end new text begin subdivision 1new text end and section 299N.04 under
the same terms as full-time firefighters.
Sec. 13.
Minnesota Statutes 2018, section 299N.05, subdivision 5, is amended to read:
Subd. 5.
Obtaining a firefighter license.
To obtain a license, a firefighter must new text begin be
affiliated with a fire department, new text end complete the board application processnew text begin ,new text end and meet the
requirements of new text begin this section or new text end section 299N.04new text begin or 299N.06new text end . A license is valid for a three-year
period determined by the board, and the fee for the license is $75. Fees under this subdivision
may be prorated by the board for licenses issued with a three-year licensure period.
Sec. 14.
Minnesota Statutes 2018, section 299N.05, subdivision 6, is amended to read:
Subd. 6.
License renewal; expiration and reinstatement.
(a) A license deleted text begin shalldeleted text end new text begin mustnew text end be
renewed deleted text begin so long asdeleted text end new text begin ifnew text end the firefighter and the chief firefighting officer deleted text begin provide evidence to
the board that the licensed firefighter has had 72 hours of approved firefighting training in
the preceding three years and the firefighter completes the renewal application. The fee for
renewing a firefighter license is $75, and the license is valid for an additional three years.deleted text end new text begin
or chief designee completes the renewal application and:
new text end
new text begin
(1) attests to the board that the licensed firefighter has met the required 72 hours of
approved firefighter training in the preceding three years;
new text end
new text begin
(2) upon request, provides evidence the licensed firefighter completed the required 72
hours of approved firefighter training in the preceding three years;
new text end
new text begin
(3) verifies that the licensed firefighter is actively serving on a department; and
new text end
new text begin
(4) attests that the licensed firefighter has not been convicted of or pled guilty or nolo
contendere to a felony, any arson-related charge, or another offense arising from the same
set of circumstances.
new text end
new text begin
(b) The fee to renew a firefighter license is $75. The license is valid for an additional
three-year period, unless submitted within the triennial period. Fees under this subdivision
may be prorated by the board for licenses reinstated or renewed within the three-year
licensure period.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end If a license expires, a firefighter may apply to have it reinstated. In order to receive
reinstatement, the firefighter must:
(1) complete a reinstatement application;
(2) satisfy all deleted text begin prior firefighter trainingdeleted text end requirementsnew text begin listed in paragraph (a)new text end ;
(3) pay any outstanding renewal fees; and
(4) pay the delayed renewal fee set by the board.
deleted text begin (c)deleted text end new text begin (d)new text end In lieu of a reinstatement application under paragraph deleted text begin (b)deleted text end new text begin (c)new text end , a firefighter may
complete a new application for licensure under section 299N.04.
Sec. 15.
Minnesota Statutes 2018, section 299N.05, subdivision 7, is amended to read:
Subd. 7.
Duties of chief firefighting officer.
(a) Every chief firefighting officer has a
duty to ensure that every full-time firefighter has a license issued by the board.
new text begin
(b) Every chief firefighting officer or designee has the duty to verify that every full-time
and volunteer individual applying, reinstating, or renewing a license is affiliated with a
Minnesota fire department.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Every chief firefighting officer, provider, and individual licensee has a duty to
ensure proper training records and reports are retained. Records must include, for the
three-year period subsequent to the license renewal date:
(1) the dates, subjects, and duration of programs;
(2) sponsoring organizations;
(3) fire training hours earned;
(4) registration receipts to prove attendance at training sessions; and
(5) other pertinent information.
deleted text begin (c)deleted text end new text begin (d)new text end The board may require a licensee, provider, or fire department to provide the
information under paragraph deleted text begin (b)deleted text end new text begin (c)new text end to demonstrate compliance with the 72-hour firefighting
training requirement under subdivision 6, paragraph (a).
Sec. 16.
Minnesota Statutes 2018, section 299N.05, subdivision 9, is amended to read:
Subd. 9.
Fees; appropriation.
Fees collected under this section must be deposited in
the state treasury and credited to a special account and are appropriated to the board to pay
costs incurred undernew text begin this section andnew text end sections 299N.04 deleted text begin and 299N.05deleted text end new text begin and 299N.06new text end .
Sec. 17.
Minnesota Statutes 2018, section 299N.06, is amended to read:
299N.06 ELIGIBILITY FOR RECIPROCITY new text begin AND new text end EXAMINATION BASED ON
RELEVANT MILITARY EXPERIENCE.
new text begin Subdivision 1. new text end
new text begin Reciprocity license requirements for out-of-state certified applicants. new text end
new text begin
A
person may apply for licensure if the person (1) becomes employed by or becomes an active
member of a fire department, (2) has the appropriately certified accreditation by the
International Fire Service Accreditation Congress or Pro Board, and (3) has met the
requirements of section 299N.04.
new text end
new text begin Subd. 2. new text end
new text begin Examination based on relevant military experience. new text end
(a) For purposes of this
section:
(1) "active service" has the meaning given in section 190.05, subdivision 5; and
(2) "relevant military experience" means:
(i) four years' cumulative service experience in a military firefighting occupational
specialty;
(ii) two years' cumulative service experience in a military firefighting occupational
specialty, and completion of at least a two-year degree from a regionally accredited
postsecondary education institution; or
(iii) four years' cumulative experience as a full-time firefighter in another state combined
with cumulative service experience in a military firefighting occupational specialty.
(b) A person is eligible to take deleted text begin the reciprocitydeleted text end new text begin a firefighternew text end examination and does not
have to otherwise meet the requirements of section 299N.04, subdivisions 2 and 3, if the
person has:
(1) relevant military experience; and
(2) been honorably discharged from military active service as evidenced by the most
recent form DD-214 or is currently in active service, as evidenced by:
(i) active duty orders providing service time in a military firefighting specialty;
(ii) a United States Department of Defense Manpower Data Center status report pursuant
to the Service Members Civil Relief Act, active duty status report; or
(iii) Military Personnel Center assignment information.
(c) A person who passed the examination under paragraph (b), clause (2), shall not be
eligible to be licensed as a firefighter until honorably discharged as evidenced by the most
recent form DD-214.
(d) To receive a firefighter license, a person who passed deleted text begin the reciprocity certificationdeleted text end new text begin a
firefighternew text end examination must meet the requirements of section 299N.05deleted text begin , subdivision 4deleted text end .
ARTICLE 11
STATEWIDE EMERGENCY COMMUNICATION
Section 1.
Minnesota Statutes 2018, section 403.21, subdivision 7a, is amended to read:
Subd. 7a.
Statewide deleted text begin Radiodeleted text end new text begin Emergency Communicationnew text end Board.
"Statewide deleted text begin Radiodeleted text end new text begin
Emergency Communicationnew text end Board," "deleted text begin radiodeleted text end new text begin emergency communicationnew text end board," or "board"
means the deleted text begin Statewide Radio Board established under section 403.36 and where the Statewide
Radio Board has affirmatively elected to become adeleted text end Statewide Emergency Communication
Board as provided in section 403.382 deleted text begin it shall mean the Statewide Emergency Communication
Board asdeleted text end new text begin and isnew text end the successor to the Statewide Radio Board.
Sec. 2.
Minnesota Statutes 2018, section 403.36, subdivision 1, is amended to read:
Subdivision 1.
Membership.
(a) The commissioner of public safety shall convene and
chair the Statewide deleted text begin Radiodeleted text end new text begin Emergency Communicationnew text end Board to develop a project plan for
a statewide, shared, trunked public safety radio communication system. The system may
be referred to as "Allied Radio Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following members or their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
(6) the chair of the Metropolitan Council;
new text begin
(7) the commissioner of corrections;
new text end
new text begin
(8) a representative from the Minnesota Indian Affairs Council;
new text end
deleted text begin (7)deleted text end new text begin (9)new text end two elected city officials, one from the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area
and one from Greater Minnesota, appointed by the governing body of the League of
Minnesota Cities;
deleted text begin (8)deleted text end new text begin (10)new text end two elected county officials, one from the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan
area and one from Greater Minnesota, appointed by the governing body of the Association
of Minnesota Counties;
deleted text begin (9)deleted text end new text begin (11)new text end two sheriffs, one from the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area and one
from Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs'
Association;
deleted text begin (10)deleted text end new text begin (12)new text end two chiefs of police, one from the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area
and one from Greater Minnesota, appointed by the deleted text begin governor after considering
deleted text end deleted text begin recommendations made by thedeleted text end Minnesota Chiefs' of Police Association;
deleted text begin (11)deleted text end new text begin (13)new text end two fire chiefs, one from the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area and
one from Greater Minnesota, appointed by the deleted text begin governor after considering recommendations
deleted text end deleted text begin made by thedeleted text end Minnesota Fire Chiefs' Association;
deleted text begin (12)deleted text end new text begin (14)new text end two representatives of emergency medical service providers, one from the
deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area and one from Greater Minnesota, appointed by
the deleted text begin governor after considering recommendations made by thedeleted text end Minnesota Ambulance
Association;
deleted text begin (13)deleted text end new text begin (15)new text end the chair of the deleted text begin regional radio board for the metropolitan areadeleted text end new text begin Metropolitan
Emergency Services Boardnew text end ; and
deleted text begin (14)deleted text end new text begin (16)new text end a representative of Greater Minnesota elected by those units of government in
phase three and any subsequent phase of development as defined in the statewide, shared
radio and communication plan, who have submitted a plan to the Statewide deleted text begin Radiodeleted text end new text begin Emergency
Communicationnew text end Board and where development has been initiated.
(c) The Statewide deleted text begin Radiodeleted text end new text begin Emergency Communicationnew text end Board shall coordinate the
appointment of board members representing Greater Minnesota with the appointing
authorities and may designate the geographic region or regions from which an appointed
board member is selected where necessary to provide representation from throughout the
state.
Sec. 3.
Minnesota Statutes 2018, section 403.36, subdivision 1b, is amended to read:
Subd. 1b.
Compensation; removal; vacancies.
Compensation, removal, and filling of
vacancies of board members are governed by section 15.0575, except that appointments to
the board are not subject to the open appointments process of sections 15.0597 to 15.0599.new text begin
Pursuant to subdivision 1a, members appointed to fill vacancies under this subdivision shall
have no set term.
new text end
Sec. 4.
Minnesota Statutes 2018, section 403.36, subdivision 1c, is amended to read:
Subd. 1c.
Voting.
Each member has one vote. The majority of the voting power of the
board constitutes a quorum, although a smaller number may adjourn from time to time. Any
motion, other than adjournment, must be favored by a majority of the voting power of the
board in order to carry.new text begin In the event of a conflict between the board's bylaws and state law,
state law shall prevail.
new text end
Sec. 5.
Minnesota Statutes 2018, section 403.36, subdivision 1d, is amended to read:
Subd. 1d.
Calling meeting.
The board shall convene upon the call of the chairnew text begin , vice-chair,
other officer,new text end or any six members of the board.
Sec. 6.
Minnesota Statutes 2018, section 403.37, subdivision 12, is amended to read:
Subd. 12.
Allocation of money.
new text begin (a) new text end The board shall allocate money available to the
Statewide deleted text begin Radiodeleted text end new text begin Emergency Communicationnew text end Board among regional radio boards or to local
entities within a region to encourage local and regional participation in the system. This
does not limit the authority of regional radio boards and local entities to individually or
collectively seek funding of local and regional enhancements and subsystems to the system
backbone.
new text begin
(b) The Statewide Emergency Communication Board, which encompasses other
emergency communication networks, including but not limited to wireless broadband, the
Integrated Public Alert and Warning System, 911 service, and the ARMER system, may
grant money as available to support the goals set forth in the board's strategic plan.
new text end
Sec. 7.
Minnesota Statutes 2018, section 403.382, subdivision 1, is amended to read:
Subdivision 1.
Statewide Emergency Communication Board.
deleted text begin
(a) By an affirmative
vote of a majority of the members of the Statewide Radio Board, the board may elect to
become a Statewide Emergency Communication Board.
deleted text end
deleted text begin (b) As adeleted text end new text begin Thenew text end Statewide Emergency Communication Boarddeleted text begin , the board shall bedeleted text end new text begin isnew text end
responsible for the statewide coordination of 911 service deleted text begin in addition todeleted text end new text begin ,new text end existing
responsibilities for the ARMER system provided for in sections 403.21 to 403.37new text begin , wireless
broadband, and the Integrated Public Alert and Warning Systemnew text end .
Sec. 8.
Minnesota Statutes 2018, section 403.382, subdivision 8, is amended to read:
Subd. 8.
Other emergency communication system planning and coordination.
In
addition to powers provided for in this section for the coordination of 911 service, the board
shall be responsible for planning and coordination of the following public safety emergency
communication networks:
(1) developing and maintaining a plan for the implementation of deleted text begin a statewide public
safety broadband networkdeleted text end new text begin the National Public Safety Broadband Network, as approved by
the boardnew text end , including the definition of technical and operational standards for that network;
and
(2) other wireless communication technologies or wireless communication networks for
public safety communications, new text begin such as the Integrated Public Alert and Warning System,
new text end where the board finds that coordination and planning on a regional or statewide basis is
appropriate or where regional or statewide coordination has been requested by the Federal
Communications Commission or the Department of Homeland Security which is coordinating
the technology or network on a national level.
Sec. 9. new text begin REVISOR INSTRUCTION.
new text end
new text begin
In Minnesota Statutes, the revisor of statutes shall substitute the term "Statewide
Emergency Communication Board" for "Statewide Radio Board" or "radio board" wherever
the term refers to the powers, duties, and responsibilities of the Statewide Radio Board,
consistent with the changes in this article. The revisor shall also make grammatical changes
related to the change in terms.
new text end
ARTICLE 12
UNIFORM COLLATERAL CONSEQUENCES OF CONVICTION ACT
Section 1.
Minnesota Statutes 2018, section 245C.22, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Disqualification decisions related to chapter 638. new text end
new text begin
The requirements regarding
a decision to disqualify an individual under section 638.17 are met by the commissioner
when implementing the requirements of this section and the exclusion under section 245C.24,
subdivision 4a.
new text end
Sec. 2.
Minnesota Statutes 2018, section 245C.24, is amended by adding a subdivision to
read:
new text begin Subd. 4a. new text end
new text begin Disqualification decisions related to chapter 638. new text end
new text begin
(a) Notwithstanding
statutory limits on the commissioner's authority to set aside an individual's disqualification
under this section, the commissioner may consider issuing a set-aside according to section
245C.22 if the disqualified individual has been issued an order of limited relief under section
638.19 that provides this specific relief.
new text end
new text begin
(b) An individual who received a set-aside of a disqualification as a result of paragraph
(a) must immediately inform the commissioner upon restriction or revocation of an order
of limited relief under section 638.22.
new text end
new text begin
(c) Upon receipt of information regarding a restriction or revocation of an order of limited
relief according to section 638.22, the commissioner shall rescind a set-aside of a
disqualification and the individual shall have the appeal rights stated in section 245C.22,
subdivision 6.
new text end
Sec. 3.
Minnesota Statutes 2018, section 364.07, is amended to read:
364.07 APPLICATION.
The provisions of sections 364.01 to 364.10 shall prevail over any other laws and rulesnew text begin ,
except for sections 638.10 to 638.25,new text end which purport to govern the granting, denial, renewal,
suspension, or revocation of a license or the initiation, suspension, or termination of public
employment on the grounds of conviction of a crime or crimes. In deciding to grant, deny,
revoke, suspend, or renew a license, or to deny, suspend, or terminate public employment
for a lack of good moral character or the like, the hiring or licensing authority may consider
evidence of conviction of a crime or crimes but only in the same manner and to the same
effect as provided for in sections 364.01 to 364.10. Nothing in sections 364.01 to 364.10
shall be construed to otherwise affect relevant proceedings involving the granting, denial,
renewal, suspension, or revocation of a license or the initiation, suspension, or termination
of public employment.
Sec. 4.
new text begin
[638.10] SHORT TITLE.
new text end
new text begin
Sections 638.10 to 638.25 may be cited as the "Uniform Collateral Consequences of
Conviction Act."
new text end
Sec. 5.
new text begin
[638.11] DEFINITIONS.
new text end
new text begin
(a) For the purposes of sections 638.10 to 638.25, the terms defined in this section have
the meanings given them.
new text end
new text begin
(b) "Collateral consequence" means a collateral sanction or a disqualification.
new text end
new text begin
(c) "Collateral sanction" means a penalty, disability, or disadvantage, however
denominated, imposed on an individual as a result of the individual's conviction of an offense
which applies by operation of law whether or not the penalty, disability, or disadvantage is
included in the judgment or sentence. The term does not include imprisonment, probation,
parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution.
new text end
new text begin
(d) "Conviction" or "convicted" includes a child adjudicated delinquent.
new text end
new text begin
(e) "Decision maker" means the state acting through a department, agency, officer, or
instrumentality, including a political subdivision, educational institution, board, or
commission, or its employees, or a government contractor, including a subcontractor, made
subject to sections 638.10 to 638.25 by contract, other law, or ordinance.
new text end
new text begin
(f) "Disqualification" means a penalty, disability, or disadvantage, however denominated,
that an administrative agency, governmental official, or court in a civil proceeding is
authorized, but not required, to impose on an individual on grounds relating to the individual's
conviction of an offense.
new text end
new text begin
(g) "Offense" means a felony, gross misdemeanor, misdemeanor, or adjudication as a
delinquent under the laws of this state, another state, or the United States.
new text end
new text begin
(h) "Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality, or any other legal or commercial
entity.
new text end
new text begin
(i) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States.
new text end
Sec. 6.
new text begin
[638.12] LIMITATION ON SCOPE.
new text end
new text begin
(a) Sections 638.10 to 638.25 do not provide a basis for:
new text end
new text begin
(1) invalidating a plea, conviction, or sentence;
new text end
new text begin
(2) a cause of action for money damages; or
new text end
new text begin
(3) a claim for relief from or defense to the application of a collateral consequence based
on a failure to comply with section 638.13, 638.14, or 638.15.
new text end
new text begin
(b) Sections 638.10 to 638.25 do not affect:
new text end
new text begin
(1) the duty an individual's attorney owes to the individual; or
new text end
new text begin
(2) a right or remedy under law other than sections 638.10 to 638.25 available to an
individual convicted of an offense.
new text end
Sec. 7.
new text begin
[638.13] IDENTIFICATION, COLLECTION, AND PUBLICATION OF
LAWS REGARDING COLLATERAL CONSEQUENCES.
new text end
new text begin
(a) The revisor of statutes shall:
new text end
new text begin
(1) identify or cause to be identified any provision in this state's constitution, statutes,
and administrative rules which imposes a collateral sanction or authorizes the imposition
of a disqualification, and any provision of law that may afford relief from a collateral
consequence;
new text end
new text begin
(2) in a timely manner after the effective date of sections 638.10 to 638.25, prepare a
collection of citations to, and the text or short descriptions of, the provisions identified under
clause (1); and
new text end
new text begin
(3) annually update the collection in a timely manner after the regular or last special
session of the legislature in a calendar year.
new text end
new text begin
In complying with clauses (1) and (2), the revisor may rely on the study of this state's
collateral sanctions, disqualifications, and relief provisions prepared by the National Institute
of Justice described in section 510 of the Court Security Improvement Act of 2007, Public
Law 110-177.
new text end
new text begin
(b) The revisor of statutes shall include the following statements or substantially similar
language in a prominent manner at the beginning of the collection required under paragraph
(a):
new text end
new text begin
(1) This collection has not been enacted into law and does not have the force of law.
new text end
new text begin
(2) An error or omission in this collection or in any reference work cited in this collection
is not a reason for invalidating a plea, conviction, or sentence or for not imposing a collateral
sanction or authorizing a disqualification.
new text end
new text begin
(3) The laws of other jurisdictions and local governments which impose additional
collateral sanctions and authorize additional disqualifications are not included in this
collection.
new text end
new text begin
(4) This collection does not include any law or other provision regarding the imposition
of or relief from a collateral sanction or a disqualification enacted or adopted after (date the
collection was prepared or last updated.)
new text end
new text begin
(c) The Office of the Revisor of Statutes shall publish the collection prepared and updated
as required under paragraph (a). If available, it shall publish as part of the collection the
title and website address of the most recent collection of:
new text end
new text begin
(1) the collateral consequences imposed by federal law; and
new text end
new text begin
(2) any provision of federal law that may afford relief from a collateral consequence.
new text end
new text begin
(d) The collection described under paragraph (c) must be available to the public on the
Internet without charge in a reasonable time after it is created or updated.
new text end
Sec. 8.
new text begin
[638.14] NOTICE OF COLLATERAL CONSEQUENCES IN CITATION,
PRETRIAL PROCEEDING, AND AT GUILTY PLEA.
new text end
new text begin
(a) When a peace officer issues a citation to a person for an offense, the officer shall
ensure that the person receives a notice of additional legal consequences substantially similar
to that described in paragraph (b). This requirement may be satisfied by using the uniform
traffic ticket described in section 169.99 or the statewide standard citation if that document
addresses collateral consequences of a criminal conviction.
new text end
new text begin
(b) When an individual receives formal notice that the individual is charged with an
offense, the prosecuting attorney of the county or city in which the individual is charged
shall provide information substantially similar to the following to the individual:
new text end
new text begin
NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
new text end
new text begin
If you pled guilty or are convicted of an offense you may suffer additional legal
consequences beyond the sentence imposed by the court. These consequences may include,
among many others, ineligibility to keep or obtain some licenses, permits or jobs, public
housing or education benefits, and to vote or possess a firearm. You may be denied
citizenship and be deported. It is your responsibility to learn what consequences may
apply to you. Ask your attorney. Most consequences can be found at
https://niccc.csgjusticecenter.org/about/.
new text end
new text begin
(c) Before the court accepts a plea of guilty from an individual, the court shall confirm
that the individual received and understands the notice required by paragraphs (a) and (b),
and had an opportunity to discuss the notice with counsel.
new text end
Sec. 9.
new text begin
[638.15] NOTICE OF COLLATERAL CONSEQUENCES AT SENTENCING
AND UPON RELEASE.
new text end
new text begin
(a) As provided in paragraphs (b) and (c), an individual convicted of an offense shall be
given the following notice:
new text end
new text begin
(1) that collateral consequences may apply because of this conviction;
new text end
new text begin
(2) the website address of the collection of laws published under section 638.13, paragraph
(c);
new text end
new text begin
(3) that there may be ways to obtain relief from collateral consequences;
new text end
new text begin
(4) contact information for government or nonprofit agencies, groups, or organizations,
if any, offering assistance to individuals seeking relief from collateral consequences; and
new text end
new text begin
(5) when an individual convicted of an offense may vote under state law.
new text end
new text begin
(b) The court shall provide the notice in paragraph (a) as a part of sentencing.
new text end
new text begin
(c) If an individual is sentenced to imprisonment or other incarceration, the officer or
agency releasing the individual shall provide the notice in paragraph (a) not more than 30
days and, if practicable, at least ten days before release.
new text end
Sec. 10.
new text begin
[638.16] AUTHORIZATION REQUIRED FOR COLLATERAL SANCTION;
AMBIGUITY.
new text end
new text begin
(a) A collateral sanction may be imposed only by statute or ordinance, or by rule
authorized by law and adopted under chapter 14.
new text end
new text begin
(b) A law creating a collateral consequence that is ambiguous as to whether it imposes
a collateral sanction or authorizes a disqualification must be construed as authorizing a
disqualification.
new text end
Sec. 11.
new text begin
[638.17] DECISION TO DISQUALIFY.
new text end
new text begin
In deciding whether to impose a disqualification, a decision maker shall undertake an
individualized assessment to determine whether the benefit or opportunity at issue shall be
denied the individual. In making that decision, the decision maker may consider, if
substantially related to the benefit or opportunity at issue, the particular facts and
circumstances involved in the offense and the essential elements of the offense. A conviction
itself may not be considered except as having established the elements of the offense. The
decision maker shall also consider other relevant information including, at a minimum, the
effect on third parties of granting the benefit or opportunity and whether the individual has
been granted relief such as an order of limited relief.
new text end
Sec. 12.
new text begin
[638.18] EFFECT OF CONVICTION BY ANOTHER STATE OR THE
UNITED STATES; RELIEVED OR PARDONED CONVICTION.
new text end
new text begin
(a) For purposes of authorizing or imposing a collateral consequence in this state, a
conviction of an offense in a court of another state or the United States is deemed a conviction
of the offense in this state with the same elements. If there is no offense in this state with
the same elements, the conviction is deemed a conviction of the most serious offense in this
state which is established by the elements of the offense. A misdemeanor in the jurisdiction
of conviction may not be deemed a felony in this state, and an offense lesser than a
misdemeanor in the jurisdiction of conviction may not be deemed a conviction of a felony,
gross misdemeanor, or misdemeanor in this state.
new text end
new text begin
(b) For purposes of authorizing or imposing a collateral consequence in this state, a
juvenile adjudication in another state or the United States may not be deemed a conviction
of a felony, gross misdemeanor, misdemeanor, or offense lesser than a misdemeanor in this
state, but may be deemed a juvenile adjudication for the delinquent act in this state with the
same elements. If there is no delinquent act in this state with the same elements, the juvenile
adjudication is deemed an adjudication of the most serious delinquent act in this state which
is established by the elements of the offense.
new text end
new text begin
(c) A conviction that is reversed, overturned, or otherwise vacated by a court of competent
jurisdiction of this state, another state, or the United States on grounds other than
rehabilitation or good behavior may not serve as the basis for authorizing or imposing a
collateral consequence in this state.
new text end
new text begin
(d) A pardon issued by another state or the United States has the same effect for purposes
of authorizing, imposing, and relieving a collateral consequence in this state as it has in the
issuing jurisdiction.
new text end
new text begin
(e) A conviction that has been relieved by expungement, sealing, annulment, set-aside,
or vacation by a court of competent jurisdiction of another state or the United States on
grounds of rehabilitation or good behavior, or for which civil rights are restored pursuant
to statute, has the same effect for purposes of authorizing or imposing collateral consequences
in this state as it has in the jurisdiction of conviction. However, this relief or restoration of
civil rights does not relieve collateral consequences applicable under the law of this state
for which relief could not be granted under section 638.21 or for which relief was expressly
withheld by the court order or by the law of the jurisdiction that relieved the conviction. An
individual convicted in another jurisdiction may seek relief under section 638.19 from any
collateral consequence for which relief was not granted in the issuing jurisdiction, other
than those listed in section 638.21, and the judge shall consider that the conviction was
relieved or civil rights restored in deciding whether to issue an order of limited relief.
new text end
new text begin
(f) A charge or prosecution in any jurisdiction which has been finally terminated without
a conviction and imposition of sentence based on participation in a deferred adjudication
or diversion program may not serve as the basis for authorizing or imposing a collateral
consequence in this state. This paragraph does not affect the validity of any restriction or
condition imposed by law as part of participation in the deferred adjudication or diversion
program, before or after the termination of the charge or prosecution.
new text end
Sec. 13.
new text begin
[638.19] ORDER OF LIMITED RELIEF.
new text end
new text begin
(a) The court shall conduct proceedings, make determinations, and issue orders on
petitions for orders of limited relief filed under this section.
new text end
new text begin
(b) An individual convicted of an offense may petition for an order of limited relief from
one or more collateral sanctions related to employment, education, housing, public benefits,
or occupational licensing. The petition may be brought before the court at any time after
sentencing.
new text end
new text begin
(c) Except as otherwise provided in section 638.21, the judge may issue an order of
limited relief relieving one or more of the collateral sanctions described in paragraph (b) if,
after reviewing the petition, the individual's criminal history, and any other relevant evidence,
the judge finds the individual has established by a preponderance of the evidence that:
new text end
new text begin
(1) granting the petition will materially assist the individual in obtaining or maintaining
employment, education, housing, public benefits, or occupational licensing;
new text end
new text begin
(2) the individual has substantial need for the relief requested in order to live a
law-abiding life; and
new text end
new text begin
(3) granting the petition would not pose an unreasonable risk to the safety or welfare of
the public.
new text end
new text begin
(d) The order of limited relief must specify:
new text end
new text begin
(1) the collateral sanction from which relief is granted; and
new text end
new text begin
(2) any restriction imposed pursuant to section 638.22, paragraph (a).
new text end
new text begin
(e) An order of limited relief relieves a collateral sanction to the extent provided in the
order.
new text end
new text begin
(f) If a collateral sanction has been relieved pursuant to this section, a decision maker
may consider the conduct underlying a conviction as provided in section 638.17.
new text end
Sec. 14.
new text begin
[638.21] COLLATERAL SANCTIONS NOT SUBJECT TO ORDER OF
LIMITED RELIEF.
new text end
new text begin
An order of limited relief may not be issued to relieve the following collateral sanctions:
new text end
new text begin
(1) requirements imposed by sections 243.166 and 243.167;
new text end
new text begin
(2) a motor vehicle license suspension, revocation, limitation, or ineligibility for driving
while intoxicated pursuant to section 169A.20, or sections 169.792, 169.797, 169A.52,
169A.54, 171.17, 171.172, 171.173, 171.18, and 171.186, for which restoration or relief is
available pursuant to sections 171.30 and 171.306;
new text end
new text begin
(3) ineligibility for employment pursuant to sections 387.36 and 419.06 or other law
restricting employment of convicted individuals by law enforcement agencies, such as the
Department of Corrections, Department of Public Safety, Office of the Attorney General,
sheriff's offices, police departments, and judicial offices; or
new text end
new text begin
(4) eligibility to purchase, possess, use, transfer, or own a firearm.
new text end
Sec. 15.
new text begin
[638.22] ISSUANCE, MODIFICATION, AND REVOCATION OF ORDER
OF LIMITED RELIEF.
new text end
new text begin
(a) When a petition is filed under section 638.19, including a petition for enlargement
of an existing order of limited relief, the judge may issue an order subject to restriction,
condition, or additional requirement. When issuing, denying, modifying, or revoking an
order, the judge may impose conditions for reapplication.
new text end
new text begin
(b) The judge may restrict or revoke an order of limited relief issued by a court in this
state if it finds just cause by a preponderance of the evidence. An order of restriction or
revocation may be issued:
new text end
new text begin
(1) on motion of the judge;
new text end
new text begin
(2) after notice to the individual; and
new text end
new text begin
(3) after a hearing if requested by the individual.
new text end
new text begin
(c) The judge shall order any test, report, investigation, or disclosure by the individual
it reasonably believes necessary to its decision to issue, modify, or revoke an order of limited
relief.
new text end
new text begin
(d) The court shall maintain a public record of the issuance, modification, and revocation
of orders of limited relief and certificates of restoration of rights. The criminal history record
system of the Bureau of Criminal Apprehension must include issuance, modification, and
revocation of orders and certificates.
new text end
Sec. 16.
new text begin
[638.23] RELIANCE ON ORDER AS EVIDENCE OF DUE CARE.
new text end
new text begin
In a judicial or administrative proceeding alleging negligence or other fault, an order of
limited relief may be introduced as evidence of a person's due care in hiring, retaining,
licensing, leasing to, admitting to a school or program, or otherwise transacting business or
engaging in activity with the individual to whom the order was issued, if the person knew
of the order at the time of the alleged negligence or other fault.
new text end
Sec. 17.
new text begin
[638.24] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end
new text begin
In applying and construing this uniform act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
new text end
Sec. 18.
new text begin
[638.25] SAVINGS AND TRANSITIONAL PROVISIONS.
new text end
new text begin
(a) Sections 638.10 to 638.25 apply to collateral consequences whenever enacted or
imposed, unless the law creating the collateral consequence expressly states that sections
638.10 to 638.25 do not apply.
new text end
new text begin
(b) Sections 638.10 to 638.25 do not invalidate the imposition of a collateral sanction
on an individual before the effective date of sections 638.10 to 638.25, but a collateral
sanction validly imposed before the effective date of sections 638.10 to 638.25 may be the
subject of relief under these sections.
new text end
Sec. 19. new text begin CHANGE TO UNIFORM TRAFFIC TICKET AND STATEWIDE
STANDARD CITATION.
new text end
new text begin
By January 1, 2021, the uniform traffic ticket described in Minnesota Statutes, section
169.99, and the statewide standard citation must include a notice of additional legal
consequences substantially similar to that described in Minnesota Statutes, section 638.14,
paragraph (b). If this is determined not to be feasible, the ticket and citation must, at a
minimum, inform the offender generally of the issue of potential collateral consequences
and provide the following website address: https://niccc.csgjusticecenter.org/about/.
new text end
Sec. 20. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, sections 609B.050; 609B.100; 609B.101; 609B.102; 609B.103;
609B.104; 609B.105; 609B.106; 609B.107; 609B.108; 609B.109; 609B.110; 609B.111;
609B.112; 609B.113; 609B.120; 609B.121; 609B.122; 609B.123; 609B.124; 609B.125;
609B.126; 609B.127; 609B.128; 609B.129; 609B.130; 609B.132; 609B.133; 609B.134;
609B.135; 609B.136; 609B.139; 609B.140; 609B.141; 609B.142; 609B.143; 609B.144;
609B.146; 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150; 609B.151; 609B.152;
609B.153; 609B.155; 609B.157; 609B.158; 609B.159; 609B.160; 609B.161; 609B.162;
609B.164; 609B.1641; 609B.1645; 609B.165; 609B.168; 609B.170; 609B.171; 609B.172;
609B.173; 609B.174; 609B.175; 609B.176; 609B.177; 609B.179; 609B.180; 609B.181;
609B.183; 609B.184; 609B.185; 609B.187; 609B.188; 609B.189; 609B.191; 609B.192;
609B.193; 609B.194; 609B.195; 609B.200; 609B.201; 609B.203; 609B.205; 609B.206;
609B.216; 609B.231; 609B.235; 609B.237; 609B.241; 609B.245; 609B.255; 609B.262;
609B.263; 609B.265; 609B.271; 609B.273; 609B.275; 609B.277; 609B.301; 609B.310;
609B.311; 609B.312; 609B.320; 609B.321; 609B.330; 609B.331; 609B.332; 609B.333;
609B.340; 609B.341; 609B.342; 609B.343; 609B.344; 609B.345; 609B.400; 609B.405;
609B.410; 609B.415; 609B.425; 609B.430; 609B.435; 609B.445; 609B.450; 609B.455;
609B.460; 609B.465; 609B.500; 609B.505; 609B.510; 609B.515; 609B.518; 609B.520;
609B.525; 609B.530; 609B.535; 609B.540; 609B.545; 609B.600; 609B.610; 609B.611;
609B.612; 609B.613; 609B.614; 609B.615; 609B.700; 609B.710; 609B.720; 609B.721;
609B.722; 609B.723; 609B.724; and 609B.725,
new text end
new text begin
are repealed.
new text end
Sec. 21. new text begin EFFECTIVE DATE.
new text end
new text begin
(a) Except as provided in paragraph (b), sections 1 to 20 are effective January 1, 2020.
new text end
new text begin
(b) Section 8, paragraph (a), is effective July 1, 2024.
new text end
ARTICLE 13
PREDATORY OFFENDERS
Section 1.
Minnesota Statutes 2018, section 171.07, subdivision 1a, is amended to read:
Subd. 1a.
Filing photograph or image; data classification.
The department shall file,
or contract to file, all photographs or electronically produced images obtained in the process
of issuing drivers' licenses or Minnesota identification cards. The photographs or
electronically produced images shall be private data pursuant to section 13.02, subdivision
12. Notwithstanding section 13.04, subdivision 3, the department shall not be required to
provide copies of photographs or electronically produced images to data subjects. The use
of the files is restricted:
(1) to the issuance and control of drivers' licenses;
(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
investigation and prosecution of crimes, service of process, enforcement of no contact
orders, location of missing persons, investigation and preparation of cases for criminal,
juvenile, and traffic court,new text begin location of individuals required to register under section 243.166
or 243.167,new text end and supervision of offenders;
(3) to public defenders, as defined in section 611.272, for the investigation and preparation
of cases for criminal, juvenile, and traffic courts;
(4) to child support enforcement purposes under section 256.978; and
(5) to a county medical examiner or coroner as required by section 390.005 as necessary
to fulfill the duties under sections 390.11 and 390.25.
Sec. 2.
Minnesota Statutes 2018, section 243.166, subdivision 1a, is amended to read:
Subd. 1a.
Definitions.
(a) As used in this section, unless the context clearly indicates
otherwise, the following terms have the meanings given them.
(b) "Bureau" means the Bureau of Criminal Apprehension.
new text begin
(c) "Corrections agent" means a county or state probation agent or other corrections
employee. Corrections agent also includes employees of the federal government who work
with a person subject to this section.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end "Dwelling" means the building where the person lives under a formal or informal
agreement to do so. However, dwelling does not include a supervised publicly or privately
operated shelter or facility designed to provide temporary living accommodations for
homeless individuals as defined in section 116L.361, subdivision 5.
deleted text begin (d)deleted text end new text begin (e)new text end "Incarceration" and "confinement" do not include electronic home monitoring.
deleted text begin (e)deleted text end new text begin (f)new text end "Law enforcement authority" or "authority" meansdeleted text begin , with respect todeleted text end new text begin the chief of
police ofnew text end a home rule charter or statutory citydeleted text begin , the chief of police,deleted text end and deleted text begin with respect todeleted text end new text begin the
county sheriff ofnew text end an unincorporated areadeleted text begin , the county sheriffdeleted text end new text begin in that countynew text end .new text begin An authority
must be located in Minnesota.
new text end
deleted text begin (f)deleted text end new text begin (g)new text end "Motor vehicle" has the meaning given in section 169.011, subdivision 92.
deleted text begin (g)deleted text end new text begin (h)new text end "Primary address" means the mailing address of the person's dwelling. If the
mailing address is different from the actual location of the dwelling, primary address also
includes the physical location of the dwelling described with as much specificity as possible.
deleted text begin (h)deleted text end new text begin (i)new text end "School" includes any public or private educational institution, including any
secondary school, trade, or professional institution, or institution of higher education, that
the person is enrolled in on a full-time or part-time basis.
deleted text begin (i)deleted text end new text begin (j)new text end "Secondary address" means the mailing address of any place where the person
regularly or occasionally stays overnight when not staying at the person's primary address.
If the mailing address is different from the actual location of the place, secondary address
also includes the physical location of the place described with as much specificity as possible.
However, the location of a supervised publicly or privately operated shelter or facility
designated to provide temporary living accommodations for homeless individuals as defined
in section 116L.361, subdivision 5, does not constitute a secondary address.
deleted text begin (j)deleted text end new text begin (k)new text end "Treatment facility" means a residential facility, as defined in section 244.052,
subdivision 1, and residential chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to, those facilities directly or
indirectly assisted by any department or agency of the United States.
deleted text begin (k)deleted text end new text begin (l)new text end "Work" includes employment that is full time or part time for a period of time
exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar
year, whether financially compensated, volunteered, or for the purpose of government or
educational benefit.
Sec. 3.
Minnesota Statutes 2018, section 243.166, subdivision 1b, is amended to read:
Subd. 1b.
Registration required.
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3; or 609.3453; or
(iv) indecent exposure under section 617.23, subdivision 3;
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commitnew text begin any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
new text end
new text begin (i)new text end criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
new text begin (ii)new text end false imprisonment in violation of section 609.255, subdivision 2;
new text begin (iii)new text end solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;
new text begin (iv)new text end a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
new text begin (v)new text end soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);
new text begin (vi)new text end using a minor in a sexual performance in violation of section 617.246; or
new text begin (vii)new text end possessing pornographic work involving a minor in violation of section 617.247deleted text begin ,
and convicted of or adjudicated delinquent for that offense or another offense arising out
of the same set of circumstancesdeleted text end ;
(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; deleted text begin or
deleted text end
(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstancesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(5) the person was charged with or petitioned for a violation of a law similar to an offense
described in clause (1), (2), (3), or (4) in another country where there are sufficient safeguards
for fundamental fairness and due process for the accused and the person was convicted of
or adjudicated delinquent for that offense or another offense arising out of the same set of
circumstances.
new text end
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longernew text begin or for an aggregate period of time exceeding 30 days during
any calendar yearnew text end ; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state new text begin or country new text end in which the person has been convicted
or adjudicated, or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state new text begin or country new text end or is subject to lifetime registration, the person shall register for that time
period regardless of when the person was released from confinement, convicted, or
adjudicated delinquent.
(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state deleted text begin ordeleted text end new text begin ,new text end the
United States,new text begin or another country,new text end regardless of whether the person was convicted of any
offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state deleted text begin ordeleted text end new text begin ,new text end
the United States, new text begin or another country, new text end or the person was charged with or petitioned for a
violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another
state deleted text begin ordeleted text end new text begin ,new text end the United Statesnew text begin , or another countrynew text end ;
(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states new text begin or countries new text end with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state deleted text begin ordeleted text end new text begin ,new text end the United Statesnew text begin , or another countrynew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2018, section 243.166, subdivision 2, is amended to read:
Subd. 2.
Notice.
When a person who is required to register under subdivision 1b,
paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the
court shall tell the person of the duty to register under this section and that, if the person
fails to comply with the registration requirements, information about the offender may be
made available to the public through electronic, computerized, or other accessible means.
The court may not modify the person's duty to register in the pronounced sentence or
disposition order. The court shall require the person to read and sign a form stating that the
duty of the person to register under this section has been explained. The court shall deleted text begin forwarddeleted text end new text begin
make availablenew text end the signed deleted text begin sex offender registrationdeleted text end new text begin court notificationnew text end form, the complaint,
and sentencing documents to the bureau. If a person required to register under subdivision
1b, paragraph (a), was not notified by the court of the registration requirement at the time
of sentencing or disposition, the assigned corrections agent shall notify the person of the
requirements of this section.new text begin If a person required to register under subdivision 1b, paragraph
(a), was not notified by the court of the registration requirement at the time of sentencing
or disposition and does not have a corrections agent, the law enforcement authority with
jurisdiction over the person's primary address shall notify the person of the requirements.new text end
When a person who is required to register under subdivision 1b, paragraph (c) or (d), is
released from commitment, the treatment facility shall notify the person of the requirements
of this section. The treatment facility shall also obtain the registration information required
under this section and forward it to the bureau.
Sec. 5.
Minnesota Statutes 2018, section 243.166, subdivision 4, is amended to read:
Subd. 4.
Contents of registration.
(a) The registration provided to the corrections agent
or law enforcement authority, must consist of a statement in writing signed by the person,
giving information required by the bureau, fingerprints,new text begin biological specimen for DNA
analysis as defined under section 299C.155, subdivision 1,new text end and photograph of the person
taken at the time of the person's release from incarceration or, if the person was not
incarcerated, at the time the person initially registered under this section. The registration
information also must include a written consent form signed by the person allowing a
treatment facility or residential housing unit or shelter to release information to a law
enforcement officer about the person's admission to, or residence in, a treatment facility or
residential housing unit or shelter. Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171, subdivision 3.
(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state deleted text begin ordeleted text end new text begin ,new text end the United States,new text begin or another country,new text end in addition to other information
required by this section, the registration provided to the corrections agent or law enforcement
authority must include the person's offense history and documentation of treatment received
during the person's commitment. This documentation is limited to a statement of how far
the person progressed in treatment during commitment.
(c) Within three days of receipt, the corrections agent or law enforcement authority shall
forward the registration information to the bureau. The bureau shall ascertain whether the
person has registered with the law enforcement authority in the area of the person's primary
address, if any, or if the person lacks a primary address, where the person is staying, as
required by subdivision 3a. If the person has not registered with the law enforcement
authority, the bureau shall deleted text begin send one copy todeleted text end new text begin notifynew text end that authority.
(d) The corrections agent or law enforcement authority may require that a person required
to register under this section appear before the agent or authority to be photographed. The
agent or authority shall deleted text begin forwarddeleted text end new text begin submitnew text end the photograph to the bureau.
(1) Except as provided in clause (2), the agent or authority may photograph any offender
at a time and frequency chosen by the agent or authority.
(2) The requirements of this paragraph shall not apply during any period where the
person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.
(e) During the period a person is required to register under this section, the following
provisions apply:
(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
provide notice to the offender that, if the offender does not return the verification form as
required, information about the offender may be made available to the public through
electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau. Notice is sufficient under this
paragraphdeleted text begin ,deleted text end if the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law enforcement
authority where the offender most recently reported.
(2) The person shall mail the signed verification form back to the bureau within ten days
after receipt of the formdeleted text begin , stating on the form the current and last address of the person's
residence and the other information required under subdivision 4adeleted text end .new text begin The person cannot change
any registration information as part of the verification process.
new text end
(3) In addition to the requirements listed in this section, an offender who is no longer
under correctional supervision for a registration offense, or a failure to register offense, but
who resides, works, or attends school in Minnesota, shall have an in-person contact with a
law enforcement authority as provided in this section. If the person resides in Minnesota,
the in-person contact shall be with the law enforcement authority that has jurisdiction over
the person's primary address or, if the person has no address, the location where the person
is staying. If the person does not reside in Minnesota but works or attends school in this
state, the person shall have an in-person contact with the law enforcement authority or
authorities with jurisdiction over the person's school or workplace. During the month of the
person's birth date, the person shall report to the authority to verify the accuracy of the
registration information and to be photographed. Within three days of this contact, the
authority shall enter information as required by the bureau into the predatory offender
registration database and submit an updated photograph of the person to the bureau's
predatory offender registration unit.
(4) If the person fails to mail the completed and signed verification form to the bureau
within ten days after receipt of the form, or if the person fails to report to the law enforcement
authority during the month of the person's birth date, the person is in violation of this section.
(5) For any person who fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form and who has been determined to benew text begin subject
to community notification pursuant to section 253D.32 or isnew text end a risk level III offender under
section 244.052, the bureau shall immediately investigate and notify local law enforcement
authorities to investigate the person's location and to ensure compliance with this section.
The bureau also shall immediately give notice of the person's violation of this section to the
law enforcement authority having jurisdiction over the person's last registerednew text begin primarynew text end
address deleted text begin or addressesdeleted text end .
new text begin
(6) A law enforcement authority may determine whether the person is at that person's
primary address, secondary address, or school or work location, if any, or the accuracy of
any other information required under subdivision 4a if the person whose primary address,
secondary address, or school or work location, if any, is within the authority's jurisdiction,
regardless of the assignment of a corrections agent.
new text end
For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state deleted text begin ordeleted text end new text begin ,new text end the United States,new text begin or another country,new text end the bureau shall comply with clause
(1) at least deleted text begin fourdeleted text end new text begin twonew text end times each year. For persons who, under section 244.052, are assigned
to risk level III and who are no longer under correctional supervision for a registration
offense or a failure to register offense, the bureau shall comply with clause (1) at least two
times each year. For all other persons required to register under this section, the bureau shall
comply with clause (1) each year within 30 days of the anniversary date of the person's
initial registration.
(f) deleted text begin When sending out a verification form, the bureau shall determine whether the person
to whom the verification form is being sent has signed a written consent form as provided
for in paragraph (a). If the person has not signed such a consent form, the bureau shall send
a written consent form to the person along with the verification form. A person who receives
this written consent form shall sign and return it to the bureau at the same time as the
verification form.deleted text end new text begin For persons registered under this section on the effective date of this
section, each person, on or before one year from that date, must provide a biological specimen
for the purpose of DNA analysis to the probation agency or law enforcement authority
where that person is registered. A person who provides or has provided a biological specimen
for the purpose of DNA analysis under chapter 299C or section 609.117 meets the
requirements of this paragraph.
new text end
new text begin
(g) For persons registered under this section on the effective date of this section, each
person, on or before one year from that date, must provide fingerprints to the probation
agency or law enforcement authority where that person is registered.
new text end
Sec. 6.
Minnesota Statutes 2018, section 243.166, subdivision 4a, is amended to read:
Subd. 4a.
Information required to be provided.
(a) A person required to register under
this section shall provide to the corrections agent or law enforcement authority the following
information:
(1) the person's primary address;
(2) all of the person's secondary addresses in Minnesota, including all addresses used
for residential or recreational purposes;
(3) the addresses of all Minnesota property owned, leased, or rented by the person;
(4) the addresses of all locations where the person is employed;
(5) the addresses of all schools where the person is enrolled; deleted text begin and
deleted text end
(6) the year, model, make, license plate number, and color of all motor vehicles owned
or regularly driven by the persondeleted text begin .deleted text end new text begin ;
new text end
new text begin
(7) the expiration year for the motor vehicle license plate tabs of all motor vehicles
owned by the person; and
new text end
new text begin
(8) all telephone numbers including work, school, and home and any cellular telephone
service.
new text end
(b) The person shall report to the agent or authority the information required to be
provided under paragraph (a), clauses (2) to deleted text begin (6)deleted text end new text begin (8)new text end , within five days of the date the clause
becomes applicable. If because of a change in circumstances any information reported under
paragraph (a), clauses (1) to deleted text begin (6)deleted text end new text begin (8)new text end , no longer applies, the person shall immediately inform
the agent or authority that the information is no longer valid. If the person leaves a primary
address and does not have a new primary address, the person shall register as provided in
subdivision 3a.
Sec. 7.
Minnesota Statutes 2018, section 243.166, subdivision 4b, is amended to read:
Subd. 4b.
Health care facility; notice of status.
(a) For the purposes of this subdivisiondeleted text begin ,deleted text end new text begin :
new text end
new text begin (1) new text end "health care facility" means a facility:
deleted text begin (1)deleted text end new text begin (i)new text end licensed by the commissioner of health as a hospital, boarding care home or
supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter
144A;
deleted text begin (2)deleted text end new text begin (ii)new text end registered by the commissioner of health as a housing with services establishment
as defined in section 144D.01; or
deleted text begin (3)deleted text end new text begin (iii)new text end licensed by the commissioner of human services as a residential facility under
chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency
treatment to adults, or residential services to persons with disabilitiesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) "home care provider" has the meaning given in section 144A.43.
new text end
(b) Prior to admission to a health care facilitynew text begin or home care services from a home care
providernew text end , a person required to register under this section shall disclose to:
(1) the health care facility employee new text begin or the home care provider new text end processing the admission
the person's status as a registered predatory offender under this section; and
(2) the person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority with whom the person is currently required to register,
that deleted text begin inpatientdeleted text end admission will occur.
(c) A law enforcement authority or corrections agent who receives notice under paragraph
(b) or who knows that a person required to register under this section is planning to be
admitted and receive, or has been admitted and is receiving health care at a health care
facilitynew text begin or home care services from a home care provider,new text end shall notify the administrator of
the facility new text begin or the home care provider new text end and deliver a fact sheet to the administrator new text begin or provider
new text end containing the following information: (1) name and physical description of the offender;
(2) the offender's conviction history, including the dates of conviction; (3) the risk level
classification assigned to the offender under section 244.052, if any; and (4) the profile of
likely victims.
(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility
receives a fact sheet under paragraph (c) that includes a risk level classification for the
offender, and if the facility admits the offender, the facility shall distribute the fact sheet to
all residents at the facility. If the facility determines that distribution to a resident is not
appropriate given the resident's medical, emotional, or mental status, the facility shall
distribute the fact sheet to the patient's next of kin or emergency contact.
new text begin
(e) If a home care provider receives a fact sheet under paragraph (c) that includes a risk
level classification for the offender, the provider shall distribute the fact sheet to any
individual who will provide direct services to the offender before the individual begins to
provide the service.
new text end
Sec. 8.
Minnesota Statutes 2018, section 243.166, subdivision 4c, is amended to read:
Subd. 4c.
Notices in writing; signed.
All notices required by this section must be in
writing and signed by the person required to register.new text begin For purposes of this section, a signature
is as defined in section 645.44, subdivision 14, by an electronic method established by the
bureau, or by use of a biometric for the person. If a biometric is used, the person must
provide a sample that is forwarded to the bureau so that it can be maintained for comparison
purposes to verify the person's identity.
new text end
Sec. 9.
Minnesota Statutes 2018, section 243.166, is amended by adding a subdivision to
read:
new text begin Subd. 4d. new text end
new text begin Travel. new text end
new text begin
(a) A person required to register under this section who intends to
travel outside the boundaries of the United States must appear in person to notify the person's
corrections agent or the law enforcement authority with jurisdiction over the person's primary
address of the travel plans. The person must provide:
new text end
new text begin
(1) anticipated departure date;
new text end
new text begin
(2) place of departure;
new text end
new text begin
(3) place of arrival or return;
new text end
new text begin
(4) carrier and flight numbers for air travel;
new text end
new text begin
(5) destination country and address or other contact information;
new text end
new text begin
(6) means and purpose of travel;
new text end
new text begin
(7) visa information, if any; and
new text end
new text begin
(8) any other itinerary information requested by the corrections agent or law enforcement
authority.
new text end
new text begin
(b) The notice must be provided at least 21 calendar days before the departure date and
forwarded to the bureau within one business day of receipt. If it is not possible to give 21
calendar days' notice due to an emergency or a work assignment, the person is required to
notify the corrections agent or the law enforcement authority with jurisdiction over the
person's primary address as soon as possible prior to departure. If the travel is due to an
emergency, the person must provide a copy of the message conveying the emergency that
includes the date and time sent and the source of the information. If the travel is the result
of a work assignment, the employer must provide the date the employee was informed of
the need to travel and the nature of the work to be performed.
new text end
new text begin
(c) The corrections agent or law enforcement authority must forward the notification to
the bureau as soon as possible after receipt. The bureau must forward the international travel
information to the United States Marshals Service pursuant to International Megan's Law,
Public Law 114-119.
new text end
new text begin
(d) A person required to register under this section who is assigned a corrections agent
must receive the corrections agent's approval for all international travel. Nothing in this
subdivision requires a corrections agent to approve of travel that is inconsistent with the
terms of the offender's supervision.
new text end
Sec. 10.
Minnesota Statutes 2018, section 243.166, subdivision 5, is amended to read:
Subd. 5.
Criminal penalty.
(a) A person required to register under this section whonew text begin was
given notice, knows, or reasonably should know of the duty to register and who:
new text end
new text begin (1)new text end knowinglynew text begin commits an act or fails to fulfill a requirement thatnew text end violates any deleted text begin of its
provisionsdeleted text end new text begin provision of this section;new text end or
new text begin (2)new text end intentionally provides false information to a corrections agent, law enforcement
authority, or the bureau is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both.
(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a)
shall be committed to the custody of the commissioner of corrections for not less than a
year and a day, nor more than five years.
(c) A person convicted of violating paragraph (a), who has previously been convicted
of or adjudicated delinquent for violating this section or a similar statute of another state
deleted text begin ordeleted text end new text begin ,new text end the United States,new text begin or another country,new text end shall be committed to the custody of the
commissioner of corrections for not less than two years, nor more than five years.
(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person
sentenced without regard to the mandatory minimum sentence established by this subdivision.
The motion must be accompanied by a statement on the record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the person without
regard to the mandatory minimum sentence if the court finds substantial and compelling
reasons to do so. Sentencing a person in the manner described in this paragraph is a departure
from the Sentencing Guidelines.
(e) A person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, work release, conditional release, or supervised release, until
that person has served the full term of imprisonment as provided by law, notwithstanding
the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2018, section 243.166, subdivision 6, is amended to read:
Subd. 6.
Registration period.
(a) Notwithstanding the provisions of section 609.165,
subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this section until ten years have
elapsed since the person initially registered in connection with the offense, or until the
probation, supervised release, or conditional release period expires, whichever occurs later.
For a person required to register under this section who is committed under section 253B.18,
Minnesota Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration period
does not include the period of commitment.
(b) new text begin The commissioner of public safety shall require a person to continue to register for
an additional period of five years new text end if deleted text begin adeleted text end new text begin thenew text end person required to register under this section fails
tonew text begin :
new text end
new text begin (1)new text end provide the person's primary address as required by subdivision 3, paragraph (b)deleted text begin ,
fails todeleted text end new text begin ;
new text end
new text begin (2)new text end comply with the requirements of subdivision 3adeleted text begin , fails todeleted text end new text begin ;
new text end
new text begin (3)new text end provide information as required by deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 4adeleted text begin , or fails todeleted text end new text begin and 4d;
new text end
new text begin (4)new text end return the verification form referenced in subdivision 4 within ten daysdeleted text begin , the
commissioner of public safety shall require the person to continue to register for an additional
period of five years.deleted text end new text begin ;
new text end
new text begin
(5) remain at the primary address of record; or
new text end
new text begin (6) sign a registration form, verification form, or change of information form.
new text end
This five-year period is added to the end of the offender's registration period.new text begin In addition,
if the person is not in compliance at the end of the registration period, the commissioner
shall require the person to continue to register for an additional period of two years.
new text end
(c) If a person required to register under this section is incarcerated due to a conviction
for a new offensenew text begin ,new text end or following a revocation of probation, supervised release, or conditional
release for any offense, the person shall continue to register until ten years have elapsed
since the person was last released from incarceration or until the person's probation,
supervised release, or conditional release period expires, whichever occurs later.
(d) A person shall continue to comply with this section for the life of that person:
(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another statenew text begin , another
country,new text end or any federal offense similar to the offenses described in subdivision 1b, and the
person has a prior conviction or adjudication for an offense for which registration was or
would have been required under subdivision 1b, or an offense from another statenew text begin , another
country,new text end or a federal offense similar to an offense described in subdivision 1b;
(2) if the person is required to register based upon a conviction or delinquency
adjudication for an offense under section 609.185, paragraph (a), clause (2), or a similar
statute from another state deleted text begin ordeleted text end new text begin ,new text end the United Statesnew text begin , or another countrynew text end ;
(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g);
or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state deleted text begin ordeleted text end new text begin ,new text end the
United Statesnew text begin , or another countrynew text end similar to the offenses described in this clause; or
(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state deleted text begin ordeleted text end new text begin ,new text end the United Statesnew text begin , or another countrynew text end .
(e) A person described in subdivision 1b, paragraph (b), who is required to register under
the laws of a statenew text begin or another countrynew text end in which the person has been previously convicted or
adjudicated delinquent, shall register under this section for the time period required by the
state of conviction or adjudication unless a longer time period is required elsewhere in this
section.
Sec. 12.
Minnesota Statutes 2018, section 243.166, subdivision 7, is amended to read:
Subd. 7.
Use of data.
(a) Except as otherwise provided in subdivisionnew text begin 4b ornew text end 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.
(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcementnew text begin or a corrections agentnew text end may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under section 626.556.new text begin A
corrections agent may also disclose the status of an individual as a predatory offender to
comply with section 244.057.
new text end
(c) The commissioner of human services is authorized to have access to the data for:
(1) state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b); and
(2) purposes of completing background studies under chapter 245C.
Sec. 13.
Minnesota Statutes 2018, section 243.166, subdivision 7a, is amended to read:
Subd. 7a.
Availability of information on offenders who are out of compliance with
registration law.
(a) The bureau may make information available to the public about
offenders who are 16 years of age or older and who are out of compliance with this section
for 30 days or longer for failure tonew text begin :
new text end
new text begin (1)new text end provide the offenders' primary deleted text begin or secondarydeleted text end addressesdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) comply with the requirements of subdivision 3a;
new text end
new text begin
(3) provide information as required by subdivisions 4a and 4d;
new text end
new text begin
(4) return the verification form referenced in subdivision 4 within 15 days;
new text end
new text begin
(5) remain at the primary address of record; or
new text end
new text begin
(6) sign a registration form, verification form, or change of information form.
new text end
This information may be made available to the public through electronic, computerized, or
other accessible means. The amount and type of information made available is limited to
the information necessary for the public to assist law enforcement in locating the offender.
(b) An offender who comes into compliance with this section after the bureau discloses
information about the offender to the public may send a written request to the bureau
requesting the bureau to treat information about the offender as private data, consistent with
subdivision 7. The bureau shall review the request and promptly take reasonable action to
treat the data as private, if the offender has complied with the requirement that the offender
provide the offender's primary and secondary addresses,new text begin has returned the verification form
or has returned to the primary address,new text end or promptly notify the offender that the information
will continue to be treated as public information and the reasons for the bureau's decision.
(c) If an offender believes the information made public about the offender is inaccurate
or incomplete, the offender may challenge the data under section 13.04, subdivision 4.
(d) The bureau is immune from any civil or criminal liability that might otherwise arise,
based on the accuracy or completeness of any information made public under this subdivision,
if the bureau acts in good faith.
Sec. 14.
Minnesota Statutes 2018, section 299C.093, is amended to read:
299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to individuals required to register as predatory offenders
under section 243.166. To the degree feasible, the system must include the data required to
be provided under section 243.166, subdivisions 4new text begin , 4a,new text end and deleted text begin 4adeleted text end new text begin 4bnew text end , and indicate the time
period that the person is required to register. The superintendent shall maintain this data in
a manner that ensures that it is readily available to law enforcement agencies. This data is
private data on individuals under section 13.02, subdivision 12, but may be used for law
enforcement and corrections purposes. Law enforcementnew text begin or a corrections agentnew text end may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under section 626.556.new text begin A
corrections agent may also disclose the status of an individual as a predatory offender to
comply with section 244.057.new text end The commissioner of human services has access to the data
for state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b), and for purposes of conducting background
studies under chapter 245C.new text begin In addition, the data may be used as provided in section 243.166,
subdivisions 4b and 7a.
new text end
ARTICLE 14
FIREARM BACKGROUND CHECKS AND TRANSFERS
Section 1.
Minnesota Statutes 2018, section 624.7131, is amended to read:
624.7131 TRANSFEREE PERMIT; PENALTY.
Subdivision 1.
Information.
Any person may apply for a transferee permit by providing
the following information in writing to the chief of police of an organized full time police
department of the municipality in which the person resides or to the county sheriff if there
is no such local chief of police:
(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;
(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;
(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1; and
(4) a statement by the proposed transferee that the proposed transferee is not prohibited
by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.
The statements shall be signed and dated by the person applying for a permit. At the
time of application, the local police authority shall provide the applicant with a dated receipt
for the application. The statement under clause (3) must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.
Subd. 2.
Investigation.
The chief of police or sheriff shall check criminal histories,
records and warrant information relating to the applicant through the Minnesota Crime
Information System, the national criminal record repository, and the National Instant Criminal
Background Check System. The chief of police or sheriff shall also make a reasonable effort
to check other available state and local record-keeping systems. The chief of police or sheriff
shall obtain commitment information from the commissioner of human services as provided
in section 245.041.
Subd. 3.
Forms.
Chiefs of police and sheriffs shall make transferee permit application
forms available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with application for or issuance of a
transferee permit.
Subd. 4.
Grounds for disqualification.
deleted text begin A determination bydeleted text end new text begin (a)new text end The chief of police or
sheriff deleted text begin thatdeleted text end new text begin shall refuse to grant a transferee permit ifnew text end the applicant is prohibited by deleted text begin section
624.713deleted text end new text begin state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault
weapon deleted text begin shall be the only basis for refusal to grant a transferee permitdeleted text end new text begin or is determined to
be a danger to self or others under paragraph (b)new text end .
new text begin
(b) A chief of police or sheriff shall refuse to grant a permit to a person who is a danger
to self or others. The decision of the chief of police or sheriff must be based on documented
past contact with law enforcement. A notice of disqualification issued pursuant to this
paragraph must describe and document the specific law enforcement contact or contacts
relied upon to deny the permit.
new text end
new text begin
(c) A person is not eligible to submit a permit application under this section if the person
has had an application denied pursuant to paragraph (b) and less than six months have
elapsed since the denial was issued or the person's appeal under subdivision 8 was denied,
whichever is later.
new text end
new text begin
(d) A chief of police or sheriff who denies a permit application pursuant to paragraph
(b) must provide a copy of the notice of disqualification to the chief of police or sheriff with
joint jurisdiction over the proposed transferee's residence.
new text end
Subd. 5.
Granting of permits.
new text begin (a) new text end The chief of police or sheriff shall issue a transferee
permit or deny the application within seven days of application for the permit.
new text begin (b) In the case of a denial,new text end the chief of police or sheriff shall provide an applicant with
written notification of a denial and the specific reason for the denial.
new text begin (c)new text end The permits and their renewal shall be granted free of charge.
Subd. 6.
Permits valid statewide.
Transferee permits issued pursuant to this section are
valid statewide and shall expire after one year. A transferee permit may be renewed in the
same manner and subject to the same provisions by which the original permit was obtained,
except that all renewed permits must comply with the standards adopted by the commissioner
under section 624.7151.
Permits issued pursuant to this section are not transferable. A person who transfers a
permit in violation of this subdivision is guilty of a misdemeanor.
Subd. 7.
Permit voidednew text begin ; revocationnew text end .
new text begin (a)new text end The transferee permit shall be void at the time
that the holder becomes prohibited from possessing new text begin or receiving new text end a pistol under section
624.713, in which event the holder shall return the permit within five days to the issuing
authority. new text begin If the chief law enforcement officer who issued the permit has knowledge that
the permit holder is ineligible to possess firearms, the chief law enforcement officer must
revoke the permit and give notice to the holder in writing.new text end Failure of the holder to return
the permit within the five days new text begin of learning that the permit is void or revokednew text end is a new text begin grossnew text end
misdemeanor unless the court finds that the circumstances or the physical or mental condition
of the permit holder prevented the holder from complying with the return requirement.
new text begin
(b) When a permit holder receives a court disposition that prohibits the permit holder
from possessing a firearm, the court must take possession of the permit, if it is available,
and send it to the issuing law enforcement agency. If the permit holder does not have the
permit when the court imposes a firearm prohibition, the permit holder must surrender the
permit to the assigned probation officer, if applicable. When a probation officer is assigned
upon disposition of the case, the court shall inform the probation agent of the permit holder's
obligation to surrender the permit. Upon surrender, the probation officer must send the
permit to the issuing law enforcement agency. If a probation officer is not assigned to the
permit holder, the holder shall surrender the permit as provided for in paragraph (a).
new text end
Subd. 8.
Hearing upon denial.
Any person aggrieved by denial of a transferee permit
may appeal the denial to the district court having jurisdiction over the county or municipality
in which the denial occurred.
deleted text begin Subd. 9. deleted text end
deleted text begin Permit to carry. deleted text end
deleted text begin
A valid permit to carry issued pursuant to section 624.714
constitutes a transferee permit for the purposes of this section and section 624.7132.
deleted text end
deleted text begin Subd. 10. deleted text end
deleted text begin Transfer report not required. deleted text end
deleted text begin
A person who transfers a pistol or
semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit
issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714
is not required to file a transfer report pursuant to section 624.7132, subdivision 1.
deleted text end
Subd. 11.
Penalty.
A person who makes a false statement in order to obtain a transferee
permit knowing or having reason to know the statement is false is guilty of a deleted text begin gross
misdemeanordeleted text end new text begin felonynew text end .
Subd. 12.
Local regulation.
This section shall be construed to supersede municipal or
county regulation of the issuance of transferee permits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2018, section 624.7132, is amended to read:
624.7132 REPORT OF TRANSFER.
Subdivision 1.
Required information.
Except as provided in this section and section
624.7131, every person who agrees to transfer a pistol or semiautomatic military-style
assault weapon shall report the following information in writing to the chief of police of
the organized full-time police department of the municipality where the proposed transferee
resides or to the appropriate county sheriff if there is no such local chief of police:
(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;
(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;
(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1;
(4) a statement by the proposed transferee that the transferee is not prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon; and
(5) the address of the place of business of the transferor.
The report shall be signed and dated by the transferor and the proposed transferee. The
report shall be delivered by the transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding weekends and legal holidays.
The statement under clause (3) must comply with any applicable requirements of Code of
Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of
alcohol or drug abuse patient records.
Subd. 2.
Investigation.
Upon receipt of a transfer report, the chief of police or sheriff
shall check criminal histories, records and warrant information relating to the proposed
transferee through the Minnesota Crime Information System, the national criminal record
repository, and the National Instant Criminal Background Check System. The chief of police
or sheriff shall also make a reasonable effort to check other available state and local
record-keeping systems. The chief of police or sheriff shall obtain commitment information
from the commissioner of human services as provided in section 245.041.
Subd. 3.
Notification.
The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that the
proposed transferee is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon. The notification to the transferee shall specify
the grounds for the disqualification of the proposed transferee and shall set forth in detail
the transferee's right of appeal under subdivision 13.
Subd. 4.
Delivery.
Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee
until five business days after the date the agreement to transfer is delivered to a chief of
police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff waives
all or a portion of the deleted text begin seven-daydeleted text end waiting period. The chief of police or sheriff may waive
all or a portion of the deleted text begin five business daydeleted text end waiting period in writing if the chief of police or
sheriff finds that the transferee requires access to a pistol or semiautomatic military-style
assault weapon because of a threat to the life of the transferee or of any member of the
household of the transferee.
No person shall deliver a deleted text begin pistol or semiautomatic military-style assault weapondeleted text end new text begin firearmnew text end
to a proposed transferee after receiving a written notification that the chief of police or
sheriff has determined that the proposed transferee is prohibited by section 624.713 from
possessing a deleted text begin pistol or semiautomatic military-style assault weapondeleted text end new text begin firearmnew text end .
If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within five business days after delivery of the
agreement to transfer, the deleted text begin pistol or semiautomatic military-style assault weapondeleted text end new text begin firearmnew text end
may be delivered to the transferee.
Subd. 5.
Grounds for disqualification.
deleted text begin A determination bydeleted text end new text begin (a)new text end The chief of police or
sheriff deleted text begin thatdeleted text end new text begin shall deny an application ifnew text end the proposed transferee is prohibited by deleted text begin section
624.713deleted text end new text begin state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault
weapon deleted text begin shall be the sole basis for a notification of disqualification under this sectiondeleted text end new text begin or is
determined to be a danger to self or others under paragraph (b)new text end .
new text begin
(b) A chief of police or sheriff shall deny an application if the person is a danger to self
or others. The decision of the chief of police or sheriff must be based on documented past
contact with law enforcement. A notice of disqualification issued pursuant to this paragraph
must describe and document the specific law enforcement contact or contacts relied upon
to deny the application.
new text end
new text begin
(c) A chief of police or sheriff need not process an application under this section if the
person has had an application denied pursuant to paragraph (b) and less than six months
have elapsed since the denial was issued or the person's appeal under subdivision 13 was
denied, whichever is later.
new text end
new text begin
(d) A chief of police or sheriff who denies an application pursuant to paragraph (b) must
provide a copy of the notice of disqualification to the chief of police or sheriff with joint
jurisdiction over the applicant's residence.
new text end
deleted text begin Subd. 6. deleted text end
deleted text begin Transferee permit. deleted text end
deleted text begin
If a chief of police or sheriff determines that a transferee
is not a person prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon, the transferee may, within 30 days after the determination,
apply to that chief of police or sheriff for a transferee permit, and the permit shall be issued.
deleted text end
Subd. 8.
Report not required.
If the proposed transferee presents deleted text begin a valid transferee
permit issued under section 624.7131 ordeleted text end a valid permit to carry issued under section 624.714,
the transferor need not file a transfer report.
Subd. 9.
Number of pistols or semiautomatic military-style assault weapons.
Any
number of pistols or semiautomatic military-style assault weapons may be the subject of a
single transfer agreement and report to the chief of police or sheriff. Nothing in this section
or section 624.7131 shall be construed to limit or restrict the number of pistols or
semiautomatic military-style assault weapons a person may acquire.
Subd. 10.
Restriction on records.
If, after a determination that the transferee is not a
person prohibited by section 624.713 from possessing a pistol or semiautomatic military-style
assault weapon, a transferee requests that no record be maintained of the fact of who is the
transferee of a pistol or semiautomatic military-style assault weapon, the chief of police or
sheriff shall sign the transfer report and return it to the transferee as soon as possible.
Thereafter, no government employee or agency shall maintain a record of the transfer that
identifies the transferee, and the transferee shall retain the report of transfer.
Subd. 11.
Forms; cost.
Chiefs of police and sheriffs shall make transfer report forms
available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with a transfer.
Subd. 12.
Exclusions.
Except as otherwise provided in section 609.66, subdivision 1f,
this section shall not apply to transfers of antique firearms as curiosities or for their historical
significance or value, transfers to or between federally licensed firearms dealers, transfers
by order of court, involuntary transfers, transfers at death or the following transfers:
(1) a transfer by a person other than a federally licensed firearms dealer;
(2) a loan to a prospective transferee if the loan is intended for a period of no more than
one day;
(3) the delivery of a pistol or semiautomatic military-style assault weapon to a person
for the purpose of repair, reconditioning or remodeling;
(4) a loan by a teacher to a student in a course designed to teach marksmanship or safety
with a pistol and approved by the commissioner of natural resources;
(5) a loan between persons at a firearms collectors exhibition;
(6) a loan between persons lawfully engaged in hunting or target shooting if the loan is
intended for a period of no more than 12 hours;
(7) a loan between law enforcement officers who have the power to make arrests other
than citizen arrests; and
(8) a loan between employees or between the employer and an employee in a business
if the employee is required to carry a pistol or semiautomatic military-style assault weapon
by reason of employment and is the holder of a valid permit to carry a pistol.
Subd. 13.
Appeal.
A person aggrieved by the determination of a chief of police or sheriff
that the person is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon may appeal the determination as provided in this subdivision.
The district court shall have jurisdiction of proceedings under this subdivision.
On review pursuant to this subdivision, the court shall be limited to a determination of
whether the proposed transferee is a person prohibited from possessing a pistol or
semiautomatic military-style assault weapon by section 624.713.
deleted text begin Subd. 14. deleted text end
deleted text begin Transfer to unknown party. deleted text end
deleted text begin
(a) No person shall transfer a pistol or
semiautomatic military-style assault weapon to another who is not personally known to the
transferor unless the proposed transferee presents evidence of identity to the transferor.
deleted text end
deleted text begin
(b) No person who is not personally known to the transferor shall become a transferee
of a pistol or semiautomatic military-style assault weapon unless the person presents evidence
of identity to the transferor.
deleted text end
deleted text begin
(c) The evidence of identity shall contain the name, residence address, date of birth, and
photograph of the proposed transferee; must be made or issued by or under the authority of
the United States government, a state, a political subdivision of a state, a foreign government,
a political subdivision of a foreign government, an international governmental or an
international quasi-governmental organization; and must be of a type commonly accepted
for the purpose of identification of individuals.
deleted text end
deleted text begin
(d) A person who becomes a transferee of a pistol or semiautomatic military-style assault
weapon in violation of this subdivision is guilty of a misdemeanor.
deleted text end
Subd. 15.
Penalties.
(a) Except as otherwise provided in paragraph (b), a person who
does any of the following is guilty of a gross misdemeanor:
(1) transfers a pistol or semiautomatic military-style assault weapon in violation of
subdivisions 1 to 13;
(2) transfers a pistol or semiautomatic military-style assault weapon to a person who
has made a false statement in order to become a transferee, if the transferor knows or has
reason to know the transferee has made the false statement;
(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or
(4) makes a false statement in order to become a transferee of a pistol or semiautomatic
military-style assault weapon knowing or having reason to know the statement is false.
(b) A person who does either of the following is guilty of a felony:
(1) transfers a pistol or semiautomatic military-style assault weapon to a person under
the age of 18 in violation of subdivisions 1 to 13; or
(2) transfers a pistol or semiautomatic military-style assault weapon to a person under
the age of 18 who has made a false statement in order to become a transferee, if the transferor
knows or has reason to know the transferee has made the false statement.
Subd. 16.
Local regulation.
This section shall be construed to supersede municipal or
county regulation of the transfer of pistols.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
new text begin
[624.7134] PRIVATE PARTY TRANSFERS; BACKGROUND CHECK
REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the terms in this subdivision have
the meanings given.
new text end
new text begin
(b) "Firearms dealer" means a person who is licensed by the United States Department
of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, under United States Code,
title 18, section 923(a).
new text end
new text begin
(c) "State or federally issued identification" means a document or card made or issued
by or under the authority of the United States government or the state that contains the
person's name, residence address, date of birth, and photograph and is of a type commonly
accepted for the purpose of identification of individuals.
new text end
new text begin Subd. 2. new text end
new text begin Background check and evidence of identity. new text end
new text begin
A person who is not a firearms
dealer is prohibited from transferring possession or ownership of a pistol or semiautomatic
military-style assault weapon to any other person who is not a firearms dealer unless the
transferee presents a valid transferee permit issued under section 624.7131 and a current
state or federally issued identification.
new text end
new text begin Subd. 3. new text end
new text begin Record of transfer; required information. new text end
new text begin
(a) When two parties complete
the transfer of a pistol or semiautomatic military-style assault weapon under subdivision 2,
the transferor and transferee must complete a record of transfer on a form designed and
made publicly available without fee for this purpose by the superintendent of the Bureau
of Criminal Apprehension. Each page of the record of transfer must be signed and dated by
the transferor and the transferee and contain the serial number of the pistol or semiautomatic
military-style assault weapon.
new text end
new text begin
(b) The record of transfer must contain the following information:
new text end
new text begin
(1) a clear copy of each person's current state or federally issued identification;
new text end
new text begin
(2) a clear copy of the transferee permit presented by the transferee; and
new text end
new text begin
(3) a signed statement by the transferee swearing that the transferee is not currently
prohibited by state or federal law from possessing a firearm.
new text end
new text begin
(c) The record of transfer must also contain the following information regarding the
transferred pistol or semiautomatic military-style assault weapon:
new text end
new text begin
(1) the type of pistol or semiautomatic military-style assault weapon;
new text end
new text begin
(2) the manufacturer, make, and model of the pistol or semiautomatic military-style
assault weapon; and
new text end
new text begin
(3) the pistol or semiautomatic military-style assault weapon's manufacturer-assigned
serial number.
new text end
new text begin
(d) Both the transferor and the transferee must retain a copy of the record of transfer
and any attachments to the record of transfer for 20 years from the date of the transfer. A
copy in digital form shall be acceptable for the purposes of this paragraph.
new text end
new text begin Subd. 4. new text end
new text begin
Compulsory production of record of transfer; gross misdemeanor
penalty.
new text end
new text begin
(a) The transferor and transferee of a pistol or semiautomatic military-style assault
weapon transferred under this section must produce the record of transfer when a peace
officer requests the record as part of a criminal investigation.
new text end
new text begin
(b) A person who refuses or is unable to produce a record of transfer for a firearm
transferred under this section in response to a request for production made by a peace officer
pursuant to paragraph (a) is guilty of a gross misdemeanor. A prosecution or conviction for
violation of this subdivision is not a bar to conviction of, or punishment for, any other crime
committed involving the transferred firearm.
new text end
new text begin Subd. 5. new text end
new text begin Immunity. new text end
new text begin
A person is immune to a charge of violating this section if the person
presents a record of transfer that satisfies the requirements of subdivision 3.
new text end
new text begin Subd. 6. new text end
new text begin Exclusions. new text end
new text begin
(a) This section shall not apply to the following transfers:
new text end
new text begin
(1) a transfer by or to a federally licensed firearms dealer;
new text end
new text begin
(2) a transfer by or to any law enforcement agency;
new text end
new text begin
(3) to the extent the transferee is acting within the course and scope of employment and
official duties, a transfer to:
new text end
new text begin
(i) a peace officer, as defined in section 626.84, subdivision 1, paragraph (c);
new text end
new text begin
(ii) a member of the United States armed forces, the National Guard, or the reserves of
the United States armed forces;
new text end
new text begin
(iii) a federal law enforcement officer; or
new text end
new text begin
(iv) a security guard employed by a protective agent licensed pursuant to chapter 326;
new text end
new text begin
(4) a transfer between immediate family members, which for the purposes of this section
means spouses, domestic partners, parents, children, siblings, grandparents, and
grandchildren;
new text end
new text begin
(5) a transfer to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;
new text end
new text begin
(6) a transfer of an antique firearm as defined in section 624.712, subdivision 3;
new text end
new text begin
(7) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, if the transfer is between collectors of firearms as curios or relics as defined
by United States Code, title 18, section 921(a)(13), who each have in their possession a
valid collector of curio and relics license issued by the United States Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives;
new text end
new text begin
(8) the temporary transfer of a firearm if:
new text end
new text begin
(i) the transfer is necessary to prevent imminent death or great bodily harm; and
new text end
new text begin
(ii) the person's possession lasts only as long as immediately necessary to prevent such
imminent death or great bodily harm;
new text end
new text begin
(9) transfers by or to an auctioneer who is in compliance with chapter 330 and acting in
the person's official role as an auctioneer to facilitate or conduct an auction of the firearm;
and
new text end
new text begin
(10) a temporary transfer if the transferee's possession of the firearm following the
transfer is only:
new text end
new text begin
(i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2, or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;
new text end
new text begin
(ii) at a lawfully organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;
new text end
new text begin
(iii) while hunting or trapping if the hunting or trapping is legal in all places where the
transferee possesses the firearm and the transferee holds all licenses or permits required for
hunting or trapping; or
new text end
new text begin
(iv) while in the actual presence of the transferor.
new text end
new text begin
(b) A transfer under this subdivision is permitted only if the transferor has no reason to
believe:
new text end
new text begin
(1) that the transferee is prohibited by federal law from buying or possessing firearms
or not entitled under state law to possess firearms;
new text end
new text begin
(2) if the transferee is under 18 years of age and is receiving the firearm under direct
supervision and control of an adult, that the adult is prohibited by federal law from buying
or possessing firearms or not entitled under state law to possess firearms; or
new text end
new text begin
(3) that the transferee will use or intends to use the firearm in the commission of a crime.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
ARTICLE 15
POSSESSION OF FIREARMS
Section 1.
Minnesota Statutes 2018, section 624.713, subdivision 1, is amended to read:
Subdivision 1.
Ineligible persons.
The following persons shall not be entitled to possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
(1), any other firearm:
(1) a person under the age of 18 years except that a person under 18 may possess
ammunition designed for use in a firearm that the person may lawfully possess and may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person's parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of natural
resources;
(2) except as otherwise provided in clause (9), a person who has been convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions which would have been crimes of violence
as herein defined if they had been committed in this state;
(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
determination that the person is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
the person's ability to possess a firearm and ammunition has been restored under subdivision
4;
(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
of conviction and, during that time, the person has not been convicted of any other such
violation of chapter 152 or a similar law of another state; or a person who is or has ever
been committed by a judicial determination for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability
to possess a firearm and ammunition has been restored under subdivision 4;
(5) a person who has been committed to a treatment facility in Minnesota or elsewhere
by a judicial determination that the person is chemically dependent as defined in section
253B.02, unless the person has completed treatment or the person's ability to possess a
firearm and ammunition has been restored under subdivision 4. Property rights may not be
abated but access may be restricted by the courts;
(6) a peace officer who is informally admitted to a treatment facility pursuant to section
253B.04 for chemical dependency, unless the officer possesses a certificate from the head
of the treatment facility discharging or provisionally discharging the officer from the
treatment facility. Property rights may not be abated but access may be restricted by the
courts;
(7) a person, including a person under the jurisdiction of the juvenile court, who has
been charged with committing a crime of violence and has been placed in a pretrial diversion
program by the court before disposition, until the person has completed the diversion program
and the charge of committing the crime of violence has been dismissed;
(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision 3,
unless three years have elapsed since the date of conviction and, during that time, the person
has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
subdivision 3, or a similar law of another state;
(9) a person who has been convicted in this state or elsewhere of assaulting a family or
household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm or
ammunition for the period determined by the sentencing court;
(10) a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;
(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
for a crime or to avoid giving testimony in any criminal proceeding;
(iii) is an unlawful user of any controlled substance as defined in chapter 152;
(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02;
(v) is an alien who is illegally or unlawfully in the United States;
(vi) has been discharged from the armed forces of the United States under dishonorable
conditions;
(vii) has renounced the person's citizenship having been a citizen of the United States;
or
(viii) is disqualified from possessing a firearm under United States Code, title 18, section
922(g)(8) or (9), as amended through March 1, 2014;
(11) a person who has been convicted of the following offenses at the gross misdemeanor
level, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of these sections: section 609.229
(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
(riot); or 609.749 (stalking). For purposes of this paragraph, the specified gross misdemeanor
convictions include crimes committed in other states or jurisdictions which would have
been gross misdemeanors if conviction occurred in this state;
(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); deleted text begin or
deleted text end
(13) a person who is subject to an order for protection as described in section 260C.201,
subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g)new text begin ; or
new text end
new text begin (14) a person who is subject to an extreme risk protection order as described in section
624.7162 or 624.7164new text end .
A person who issues a certificate pursuant to this section in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm or ammunition
committed by the individual who is the subject of the certificate.
The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or semiautomatic military-style assault
weapon under this subdivision before August 1, 1994.
The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
(2), applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.
For purposes of this section, "judicial determination" means a court proceeding pursuant
to sections 253B.07 to 253B.09 or a comparable law from another state.
Sec. 2.
new text begin
[624.7161] EXTREME RISK PROTECTION ORDERS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in sections 624.7161 to 624.7168, "firearm" has the
meaning given in section 609.666, subdivision 1, paragraph (a).
new text end
new text begin Subd. 2. new text end
new text begin Court jurisdiction. new text end
new text begin
An application for relief under this section shall be filed
in the county of residence of the respondent. Actions under this section shall be given docket
priorities by the court.
new text end
new text begin Subd. 3. new text end
new text begin Generally. new text end
new text begin
(a) There shall exist an action known as a petition for an extreme
risk protection order, which order shall enjoin and prohibit the respondent from possessing
firearms for a fixed period.
new text end
new text begin
(b) A petition for relief under sections 624.7161 to 624.7168 may be made by the chief
law enforcement officer or a designee or a city or county attorney.
new text end
new text begin
(c) A petition for relief shall allege that the respondent poses a significant danger of
bodily harm to self or to other persons by possessing a firearm. The petition shall be
accompanied by an affidavit made under oath stating specific facts and circumstances
forming a basis to allege that an extreme risk protection order should be granted. The affidavit
may include but is not limited to evidence showing any of the factors described in section
624.7162, subdivision 2.
new text end
new text begin
(d) A petition for emergency relief under section 624.7164 shall additionally allege that
the respondent presents an immediate and present danger of bodily harm.
new text end
new text begin
(e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
and location of any firearms believed by the petitioner to be possessed by the respondent.
new text end
new text begin
(f) The state court administrator shall create all forms necessary under sections 624.7161
to 624.7168.
new text end
new text begin
(g) The filing fees for an extreme risk protection order under this section are waived for
the petitioner and respondent.
new text end
new text begin
(h) An extreme risk protection order issued under sections 624.7161 to 624.7168 applies
throughout the state.
new text end
new text begin
(i) Any proceeding under sections 624.7161 to 624.7168 shall be in addition to other
civil or criminal remedies.
new text end
new text begin
(j) All health records and other health information provided in a petition or considered
as evidence in a proceeding under sections 624.7161 to 624.7168 shall be protected from
public disclosure but may be provided to law enforcement agencies as described in this
section.
new text end
new text begin
(k) Any extreme risk protection order or subsequent extension issued under sections
624.7161 to 624.7168 shall be forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the residence of the respondent. Each
appropriate law enforcement agency shall make available to other law enforcement officers,
through a system for verification, information as to the existence and status of any extreme
risk protection order issued under sections 624.7161 to 624.7168.
new text end
Sec. 3.
new text begin
[624.7162] EXTREME RISK PROTECTION ORDERS ISSUED AFTER
HEARING.
new text end
new text begin Subdivision 1. new text end
new text begin Hearing. new text end
new text begin
(a) Upon receipt of the petition for an order after a hearing, the
court shall order a hearing which shall be held not later than 14 days from the date of the
order for hearing.
new text end
new text begin
(b) The petitioning agency shall be responsible for service of an extreme risk protection
order issued by the court and shall further be the agency responsible for the execution of
any legal process required for the seizure and storage of firearms subject to the order. Nothing
in this provision limits the ability of the law enforcement agency of record from cooperating
with other law enforcement entities.
new text end
new text begin
(c) Personal service of notice for the hearing may be made upon the respondent at any
time up to 12 hours prior to the time set for the hearing, provided that the respondent at the
hearing may request a continuance of up to five days if the respondent is served less than
five days prior to the hearing, which continuance shall be granted unless there are compelling
reasons not to do so. If the court grants the requested continuance, and an existing emergency
order under section 624.7164 will expire due to the continuance, the court shall also issue
a written order continuing the emergency order pending the new time set for the hearing.
new text end
new text begin
(d) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means. The application for alternate service
must include the last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close relatives; the
names and locations of other persons who are likely to know the respondent's whereabouts;
and a description of efforts to locate those persons. The court shall consider the length of
time the respondent's location has been unknown, the likelihood that the respondent's location
will become known, the nature of the relief sought, and the nature of efforts made to locate
the respondent. The court shall order service by first class mail, forwarding address requested,
to any addresses where there is a reasonable possibility that mail or information will be
forwarded or communicated to the respondent. The court may also order publication, within
or without the state, but only if it might reasonably succeed in notifying the respondent of
the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after
court-ordered publication.
new text end
new text begin Subd. 2. new text end
new text begin Relief by court. new text end
new text begin
(a) At the hearing, the petitioner must prove by a preponderance
of the evidence that the respondent poses a significant danger of bodily harm to self or other
persons by possessing a firearm.
new text end
new text begin
(b) In determining whether to grant the order after a hearing, the court shall consider
evidence of the following, whether or not the petitioner has provided evidence of the same:
new text end
new text begin
(1) a history of threats or acts of violence by the respondent directed toward another
person;
new text end
new text begin
(2) the history of use, attempted use, or threatened use of physical force by the respondent
against another person;
new text end
new text begin
(3) a violation of any court order, including but not limited to orders issued under sections
624.7161 to 624.7168 or chapter 260C or 518B;
new text end
new text begin
(4) a prior arrest for a felony offense;
new text end
new text begin
(5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense
under section 609.749, or for domestic assault under section 609.2242;
new text end
new text begin
(6) a conviction for an offense of cruelty to animals under chapter 343;
new text end
new text begin
(7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent;
new text end
new text begin
(8) a history of self-harm by the respondent; and
new text end
new text begin
(9) whether the respondent is named in an existing order in effect under sections 624.7161
to 624.7168 or chapter 260C or 518B, or party to a pending lawsuit, complaint, petition, or
other action under sections 624.7161 to 624.7168 or chapter 518B.
new text end
new text begin
(c) In determining whether to grant the order after a hearing, the court may consider any
other evidence that bears on whether the respondent poses a danger to the respondent's self
or others.
new text end
new text begin
(d) If the court finds there is a preponderance of the evidence to issue an extreme risk
protection order, the court shall issue the order prohibiting the person from possessing a
firearm for the duration of the order. The court shall inform the respondent that the respondent
is prohibited from possessing firearms and shall issue a transfer order under section 624.7165.
The court shall also give notice to the county attorney's office, which may take action as it
deems appropriate.
new text end
new text begin
(e) The order shall have a fixed period, to be determined by the court, of not less than
six months and not more than two years, subject to renewal or extension under section
624.7163.
new text end
new text begin
(f) If there is no existing emergency order under section 624.7164 at the time an order
is granted under this section, the court shall determine by a preponderance of the evidence
whether the respondent presents an immediate and present danger of bodily harm. If the
court so determines, the transfer order shall include the provisions described in section
624.7165, paragraph (c).
new text end
new text begin
(g) If, after a hearing, the court does not issue an order of protection, the court shall
vacate any emergency extreme risk protection order currently in effect.
new text end
new text begin
(h) A respondent may waive the respondent's right to contest the hearing and consent
to the court's imposition of an extreme risk protection order. The court shall seal the petition
filed under this section and section 624.7144 if a respondent who consents to imposition of
an extreme risk protection order requests that the petition be sealed, unless the court finds
that there is clear and convincing evidence that the interests of the public and public safety
outweigh the disadvantages to the respondent of not sealing the petition. All extreme risk
protection orders shall remain public.
new text end
Sec. 4.
new text begin
[624.7163] SUBSEQUENT EXTENSIONS AND TERMINATION.
new text end
new text begin
(a) Upon application by any party entitled to petition for an order under section 624.7162,
and after notice to the respondent and a hearing, the court may extend the relief granted in
an existing order granted after a hearing under section 624.7162. Application for an extension
may be made any time within the three months before the expiration of the existing order.
The order may be extended for a fixed period of at least six months and not to exceed two
years, if the court makes the same findings by a preponderance of the evidence as required
for granting of an initial order under section 624.7162, subdivision 2, paragraph (d). The
court shall consider the same types of evidence as required for the initial order under section
624.7162, subdivision 2, paragraphs (b) and (c).
new text end
new text begin
(b) Upon application by the respondent to an order issued under section 624.7162, the
court may terminate an order after a hearing at which the respondent shall bear the burden
of proving by a preponderance of the evidence that the respondent does not pose a significant
danger of bodily harm to the respondent's self or to other persons by possessing a firearm.
Application for termination may be made one time for each year an order is in effect. If an
order has been issued for a period of six months, the respondent may apply for termination
one time.
new text end
Sec. 5.
new text begin
[624.7164] EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION
ORDER.
new text end
new text begin
(a) In determining whether to grant an emergency extreme risk protection order, the
court shall consider evidence of all facts identified in section 624.7162, subdivision 2,
paragraphs (b) and (c).
new text end
new text begin
(b) If the court finds there is reasonable grounds that (1) the respondent poses a significant
danger of bodily harm to the respondent's self or to other persons by possessing a firearm,
and (2) the respondent presents an immediate and present danger of bodily harm, the court
shall issue an ex parte emergency order prohibiting the respondent from possessing a firearm
for the duration of the order. The order shall inform the respondent that the respondent is
prohibited from possessing firearms and shall issue a transfer order under section 624.7165,
paragraph (c).
new text end
new text begin
(c) A finding by the court that there is a basis for issuing an emergency extreme risk
protection order constitutes a finding that sufficient reasons exist not to require notice under
applicable court rules governing applications for ex parte relief.
new text end
new text begin
(d) The emergency order shall have a fixed period of 14 days unless a hearing is set
under section 624.7162 on an earlier date, in which case the order shall expire upon a judge's
finding that no order is issued under section 624.7162.
new text end
new text begin
(e) Except as provided in paragraph (f), the respondent shall be personally served
immediately with a copy of the emergency order and a copy of the petition and, if a hearing
is requested by the petitioner under section 624.7162, notice of the date set for the hearing.
If the petitioner does not request a hearing under section 624.7162, an order served on a
respondent under this subdivision must include a notice advising the respondent of the right
to request a hearing challenging the issuance of the emergency order, and must be
accompanied by a form that can be used by the respondent to request a hearing.
new text end
new text begin
(f) Service of the emergency order may be made by alternate service as provided under
section 624.7162, subdivision 1, paragraph (d), provided that the petitioner files the affidavit
required under that subdivision. If the petitioner does not request a hearing under section
624.7162, the petition mailed to the respondent's residence, if known, must be accompanied
by the form for requesting a hearing described in paragraph (e).
new text end
Sec. 6.
new text begin
[624.7165] TRANSFER OF FIREARMS.
new text end
new text begin
(a) Except as provided in paragraph (b), upon issuance of an extreme risk protection
order, the court shall direct the respondent to transfer any firearms the person possesses as
soon as reasonably practicable, but in no case later than 24 hours, to a federally licensed
firearms dealer or a law enforcement agency. If the respondent elects to transfer the
respondent's firearms to a law enforcement agency, the agency must accept the transfer.
The transfer may be permanent or temporary. A temporary firearm transfer only entitles
the receiving party to possess the firearm and does not transfer ownership or title. If the
respondent makes a temporary transfer, a federally licensed firearms dealer or law
enforcement agency may charge the respondent a reasonable fee to store the firearms and
may establish policies for disposal of abandoned firearms, provided these policies require
that the respondent be notified prior to disposal of abandoned firearms. If a respondent
permanently transfers the respondent's firearms to a law enforcement agency, the agency
is not required to compensate the respondent and may charge the respondent a reasonable
processing fee.
new text end
new text begin
(b) A person directed to transfer any firearms pursuant to paragraph (a) may transfer
any antique firearm, as defined in United States Code, title 18, section 921, paragraph (a),
clause (16), as amended, or a curio or relic as defined in Code of Federal Regulations, title
27, section 478.11, as amended, to a relative who does not live with the respondent after
confirming that the relative may lawfully own or possess a firearm.
new text end
new text begin
(c) The respondent must file proof of transfer as provided in this paragraph.
new text end
new text begin
(1) A law enforcement agency or federally licensed firearms dealer accepting transfer
of a firearm pursuant to this section shall provide proof of transfer to the respondent. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and must include the name of the respondent, date of transfer, and the serial
number, manufacturer, and model of all transferred firearms. If transfer is made to a federally
licensed firearms dealer, the respondent shall, within two business days after being served
with the order, file a copy of proof of transfer with the law enforcement agency and attest
that all firearms owned or possessed at the time of the order have been transferred in
accordance with this section and that the person currently does not possess any firearms. If
the respondent claims not to own or possess firearms, the respondent shall file a declaration
of nonpossession with the law enforcement agency attesting that, at the time of the order,
the respondent neither owned nor possessed any firearms, and that the respondent currently
neither owns nor possesses any firearms. If the transfer is made to a relative pursuant to
paragraph (b), the relative must sign an affidavit under oath before a notary public either
acknowledging that the respondent permanently transferred the respondent's antique firearms,
curios, or relics to the relative or agreeing to temporarily store the respondent's antique
firearms, curios, or relics until such time as the respondent is legally permitted to possess
firearms. To the extent possible, the affidavit shall indicate the serial number, make, and
model of all antique firearms, curios, or relics transferred by the respondent to the relative.
new text end
new text begin
(2) The court shall seal affidavits, proofs of transfer, and declarations of nonpossession
filed pursuant to this paragraph.
new text end
new text begin
(d) If a court issues an emergency order under section 624.7164, or makes a finding of
immediate and present danger under section 624.7162, subdivision 2, paragraph (e), and
there is probable cause to believe the respondent possesses firearms, the court shall issue a
search warrant to the local law enforcement agency to take possession of all firearms in the
respondent's possession as soon as practicable. The local law enforcement agency shall,
upon written notice from the respondent, transfer the firearms to a federally licensed firearms
dealer. Before a local law enforcement agency transfers a firearm under this paragraph, the
agency shall require the federally licensed firearms dealer receiving the firearm to submit
a proof of transfer that complies with the requirements for proofs of transfer established in
paragraph (c). The agency shall file all proofs of transfer received by the court within two
business days of the transfer. A federally licensed firearms dealer who accepts a firearm
transfer pursuant to this paragraph shall comply with paragraphs (a) and (c) as if accepting
transfer directly from the respondent. If the law enforcement agency does not receive written
notice from the respondent within three business days, the agency may charge a reasonable
fee to store the respondent's firearms. A law enforcement agency may establish policies for
disposal of abandoned firearms, provided these policies require that the respondent be
notified prior to disposal of abandoned firearms.
new text end
Sec. 7.
new text begin
[624.7166] RETURN OF FIREARMS.
new text end
new text begin Subdivision 1. new text end
new text begin Law enforcement. new text end
new text begin
A local law enforcement agency that accepted
temporary transfer of firearms under section 624.7165 shall return the firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law.
new text end
new text begin Subd. 2. new text end
new text begin Firearms dealer. new text end
new text begin
A federally licensed firearms dealer that accepted temporary
transfer of firearms under section 624.7165 shall return the transferring firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law. A federally licensed
firearms dealer returning firearms shall comply with state and federal law as though
transferring a firearm from the dealer's own inventory.
new text end
Sec. 8.
new text begin
[624.7167] OFFENSES.
new text end
new text begin Subdivision 1. new text end
new text begin False information or harassment. new text end
new text begin
A person who petitions for an extreme
risk protection order under section 624.7162 or 624.7164, knowing any information in the
petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a
misdemeanor.
new text end
new text begin Subd. 2. new text end
new text begin Violation of order. new text end
new text begin
A person who possesses a firearm and knows or should
have known that the person is prohibited from doing so by an extreme risk protection order
under section 624.7162 or 624.7164, or by an order of protection granted by a judge or
referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor
and shall be prohibited from possessing firearms for a period of five years. Each extreme
risk protection order granted under this chapter must contain a conspicuous notice to the
respondent regarding the penalty for violation of the order.
new text end
Sec. 9.
new text begin
[624.7168] LIABILITY PROTECTION.
new text end
new text begin Subdivision 1. new text end
new text begin Liability protection for petition. new text end
new text begin
A chief law enforcement officer, or a
designee, or a city or county attorney, who, in good faith, decides not to petition for an
extreme risk protection order or emergency extreme risk protection order shall be immune
from criminal or civil liability.
new text end
new text begin Subd. 2. new text end
new text begin Liability protection for storage of firearms. new text end
new text begin
A law enforcement agency shall
be immune from civil or criminal liability for any damage or deterioration of firearms,
ammunition, or weapons stored or transported pursuant to section 624.7165. This subdivision
shall not apply if the damage or deterioration occurred as a result of recklessness, gross
negligence, or intentional misconduct by the law enforcement agency.
new text end
new text begin Subd. 3. new text end
new text begin
Liability protection for harm following service of an order or execution of
a search warrant.
new text end
new text begin
A peace officer, law enforcement agency, and the state or a political
subdivision by which a peace officer is employed has immunity from any liability, civil or
criminal, for harm caused by a person who is the subject of an extreme risk protection order,
a search warrant issued pursuant to section 624.7165, paragraph (d), or both after service
of the order or execution of the warrant, whichever comes first, if the peace officer acts in
good faith in serving the order or executing the warrant.
new text end
Sec. 10.
new text begin
[626.8474] EXTREME RISK PROTECTION ORDER; DEVELOPMENT
OF MODEL PROCEDURES.
new text end
new text begin
By December 1, 2020, the Peace Officer Standards and Training Board, after consulting
with the Minnesota County Attorneys Association, the Minnesota Sheriffs' Association, the
Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers
Association, shall develop model procedures and standards for the storage of firearms
transferred to law enforcement under section 624.7165.
new text end
Sec. 11. new text begin REVISOR INSTRUCTION.
new text end
new text begin
In the next edition of Minnesota Statutes, the revisor of statutes shall renumber Minnesota
Statutes 2018, sections 624.7161 to 624.7168, and correct cross-references to those provisions
so as not to conflict with this act.
new text end
Sec. 12. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 9 and 11 are effective January 1, 2020, and apply to firearm permit
background checks made on or after that date.
new text end
ARTICLE 16
DISASTER ASSISTANCE
Section 1. new text begin DISASTER ASSISTANCE CONTINGENCY ACCOUNT; TRANSFER.
new text end
new text begin
$10,000,000 in fiscal year 2020 and $10,000,000 in fiscal year 2021 are transferred from
the general fund to the commissioner of public safety for deposit in the disaster assistance
contingency account established under Minnesota Statutes, section 12.221, subdivision 6.
These are onetime transfers.
new text end
ARTICLE 17
JUDICIARY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this act. The appropriations are from the general fund, or
another named fund, and are available for the fiscal years indicated for each purpose. The
figures "2020" and "2021" used in this act mean that the appropriations listed under them
are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively. "The
first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The biennium" is
fiscal years 2020 and 2021.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2020 new text end |
new text begin
2021 new text end |
|||||
Sec. 2. new text begin SUPREME COURT
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
59,131,000 new text end |
new text begin
$ new text end |
new text begin
61,304,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Supreme Court Operations
|
new text begin
43,608,000 new text end |
new text begin
44,858,000 new text end |
||||
new text begin
(a)
new text end
new text begin
Contingent Account
new text end
new text begin
$5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end
new text begin
(b) Judges' Compensation
new text end
new text begin
Judges' compensation is increased by three
percent each year.
new text end
new text begin
(c) Cybersecurity Program
new text end
new text begin
$2,500,000 each year is for a cybersecurity
program.
new text end
new text begin
(d) Early Neutral Evaluation
new text end
new text begin
$50,000 the first year is to contract with the
Board of Regents of the University of
Minnesota for its Extension Service to develop
and conduct a survey of all early neutral
evaluation participants and provide a report
to the legislature pursuant to article 2, section
8.
new text end
new text begin Subd. 3. new text end
new text begin
Civil Legal Services
|
new text begin
15,523,000 new text end |
new text begin
16,446,000 new text end |
||||
new text begin
Legal Services to Low-Income Clients in
Family Law Matters.
new text end
new text begin
$1,062,000 the first
year and $1,125,000 the second year are to
improve the access of low-income clients to
legal representation in family law matters.
This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the
qualified legal services program described in
Minnesota Statutes, section 480.242,
subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
new text end
Sec. 3. new text begin COURT OF APPEALS
|
new text begin
$ new text end |
new text begin
12,878,000 new text end |
new text begin
$ new text end |
new text begin
13,258,000 new text end |
||
new text begin
Judges' Compensation.
new text end
new text begin
Judges' compensation
is increased by three percent each year.
new text end
Sec. 4. new text begin DISTRICT COURTS
|
new text begin
$ new text end |
new text begin
311,201,000 new text end |
new text begin
$ new text end |
new text begin
321,140,000 new text end |
||
new text begin
(a) Judges' Compensation
new text end
new text begin
Judges' compensation is increased by four
percent each year.
new text end
new text begin
(b)
new text end
new text begin
New Trial Judges
new text end
new text begin
$912,000 the first year and $846,000 the
second year are for two new trial court judge
units in the Seventh Judicial District.
new text end
new text begin
(c)
new text end
new text begin
Mandated Psychological Services
new text end
new text begin
$1,070,000 each year is for mandated court
services.
new text end
new text begin
(d) Treatment Courts Stability
new text end
new text begin
$306,000 each year is for treatment courts
stability.
new text end
new text begin
(e) Gun Violence Prevention
new text end
new text begin
$81,000 each year is to process petitions for
extreme risk protection orders.
new text end
Sec. 5. new text begin GUARDIAN AD LITEM BOARD
|
new text begin
$ new text end |
new text begin
21,876,000 new text end |
new text begin
$ new text end |
new text begin
22,578,000 new text end |
||
new text begin
new text begin Compliance Positions.new text end $4,205,000 the first
year and $4,443,000 the second year are for
new positions to maintain compliance with
federal and state mandates.
new text end
Sec. 6. new text begin TAX COURT
|
new text begin
$ new text end |
new text begin
1,807,000 new text end |
new text begin
$ new text end |
new text begin
1,808,000 new text end |
||
Sec. 7. new text begin UNIFORM LAWS COMMISSION
|
new text begin
$ new text end |
new text begin
98,000 new text end |
new text begin
$ new text end |
new text begin
98,000 new text end |
||
Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS
|
new text begin
$ new text end |
new text begin
535,000 new text end |
new text begin
$ new text end |
new text begin
509,000 new text end |
||
new text begin
Major Disciplinary Actions. $125,000 each
year is for special investigative and hearing
costs for major disciplinary actions undertaken
by the board. This appropriation does not
cancel. Any unencumbered and unspent
balances remain available for these
expenditures until June 30, 2023.
new text end
Sec. 9. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
100,029,000 new text end |
new text begin
$ new text end |
new text begin
111,657,000 new text end |
||
new text begin
(a) New Positions
new text end
new text begin
$3,296,000 the first year and $9,472,000 the
second year are contingent on participation in
veteran's specialty courts.
new text end
new text begin
(b) Forfeiture Representation
new text end
new text begin
$205,000 the first year and $515,000 the
second year are for providing representation
in forfeiture proceedings for individuals
entitled to be represented in criminal matters.
new text end
new text begin
(c) Base Adjustment
new text end
new text begin
The general fund base is increased by
$108,000 beginning in fiscal year 2022.
new text end
Sec. 10. new text begin HUMAN RIGHTS
|
new text begin
$ new text end |
new text begin
6,421,000 new text end |
new text begin
$ new text end |
new text begin
6,698,000 new text end |
||
new text begin
$10,000 the second year is for a microgrant
program for capacity building by local units
of government and local groups.
new text end
Sec. 11. new text begin BUREAU OF MEDIATION
|
new text begin
$ new text end |
new text begin
2,200,000 new text end |
new text begin
$ new text end |
new text begin
413,000 new text end |
||
new text begin
$2,200,000 the first year and $413,000 the
second year are to develop and implement the
online cooperative private divorce program
under article 5, section 4. The cooperative
private divorce program must be made
available on the Bureau of Mediation Services
website by January 1, 2021.
new text end
Sec. 12. new text begin LEGISLATIVE COORDINATING
|
new text begin
$ new text end |
new text begin
7,000 new text end |
new text begin
$ new text end |
new text begin
7,000 new text end |
||
new text begin
$7,000 each year is for the Legislative
Commission on Intelligence and Technology
under article 4, section 1.
new text end
Sec. 13. new text begin TRANSFER.
new text end
new text begin
$10,000 the first year and $20,000 the second year and annually thereafter are
appropriated to the commissioner of management and budget for transfer to the special
revenue fund for use by the displaced homemaker program.
new text end
Sec. 14. new text begin TRANSFER.
new text end
new text begin
$1,075,000 annually is appropriated to the commissioner of management and budget
for transfer to the Minnesota State Patrol's forfeited property account in the special revenue
fund for use by the Minnesota State Patrol as a supplement to the agency's operating fund.
new text end
Sec. 15. new text begin TRANSFER.
new text end
new text begin
$763,000 annually is appropriated to the commissioner of management and budget for
transfer to the Bureau of Criminal Apprehension's forfeited property account for use by the
Bureau of Criminal Apprehension as a supplement to the agency's operating fund.
new text end
ARTICLE 18
COURTS
Section 1.
Minnesota Statutes 2018, section 169.99, subdivision 1c, is amended to read:
Subd. 1c.
Notice of surcharge.
All parts of the uniform traffic ticket must deleted text begin givedeleted text end new text begin provide
new text end conspicuous notice deleted text begin of the factdeleted text end that, if convicted, the person to whom it was issued deleted text begin mustdeleted text end new text begin may
be required to new text end pay a state-imposed surcharge under section 357.021, subdivision 6, and the
current amount of the required surcharge.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019. The changes to the
uniform traffic ticket described in this section must be reflected on the ticket the next time
it is revised.
new text end
Sec. 2.
Minnesota Statutes 2018, section 169.99, is amended by adding a subdivision to
read:
new text begin Subd. 1d. new text end
new text begin Financial hardship. new text end
new text begin
The first paragraph on the reverse side of the summons
on the uniform traffic ticket must include the following, or substantially similar, language:
"All or part of the cost of this summons may be waived on a showing of indigency or undue
hardship on you or your family. You may schedule a court appearance to request a waiver
based on your ability to pay by calling the Minnesota Court Payment Center (CPC) [followed
by the Court Payment Center telephone number]. For more information, call the CPC or
visit www.mncourts.gov/fines."
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019. The changes to the
uniform traffic ticket described in this section must be reflected on the ticket the next time
it is revised.
new text end
Sec. 3.
Minnesota Statutes 2018, section 357.021, subdivision 2, is amended to read:
Subd. 2.
Fee amounts.
The fees to be charged and collected by the court administrator
shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of deleted text begin $285deleted text end new text begin $335new text end , except in marriage dissolution actions the fee is $315.
The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of deleted text begin $285deleted text end new text begin $335new text end , except
in marriage dissolution actions the fee is $315. This subdivision does not apply to the filing
of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.
The party requesting a trial by jury shall pay $100.
The fees above stated shall be the full trial fee chargeable to said parties irrespective of
whether trial be to the court alone, to the court and jury, or disposed of without trial, and
shall include the entry of judgment in the action, but does not include copies or certified
copies of any papers so filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
for an uncertified copy.
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, $75.
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
mentioned, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
from another court, $40.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording
certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
$5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion for modification of child support, a fee of
$50.
(14) All other services required by law for which no fee is provided, such fee as compares
favorably with those herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount of
$75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption
petition filed in district court to fund the fathers' adoption registry under section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party the
public authority represents.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 4.
Minnesota Statutes 2018, section 357.021, is amended by adding a subdivision to
read:
new text begin Subd. 2c. new text end
new text begin Court cybersecurity fee. new text end
new text begin
In addition to any other filing fee under this chapter,
the court administrator shall collect a $1 cybersecurity fee on filings made under subdivision
2, clauses (1) to (13). The court administrator shall transmit the fee monthly to the
commissioner of management and budget for deposit in the general fund. This subdivision
expires June 30, 2021.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 5.
Minnesota Statutes 2018, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided in this
deleted text begin paragraphdeleted text end new text begin subdivisionnew text end , the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. In the
Second Judicial District, the court shall impose, and the court administrator shall collect,
an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.
deleted text begin
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and correct
the record.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The court may deleted text begin notdeleted text end new text begin reduce the amount or new text end waive payment of the surcharge required
under this subdivisiondeleted text begin . Upondeleted text end new text begin on new text end a showing of indigency or undue hardship upon the convicted
person or the convicted person's immediate familydeleted text begin , the sentencing court may authorize
payment of the surcharge in installmentsdeleted text end .new text begin Additionally, the court may permit the defendant
to perform community work service in lieu of a surcharge.
new text end
deleted text begin (d)deleted text end new text begin (c) new text end The court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.
deleted text begin (e)deleted text end new text begin (d) new text end If the convicted person is sentenced to imprisonment and has not paid the surcharge
before the term of imprisonment begins, the chief executive officer of the correctional
facility in which the convicted person is incarcerated shall collect the surcharge from any
earnings the inmate accrues from work performed in the facility or while on conditional
release. The chief executive officer shall forward the amount collected to the court
administrator or other entity collecting the surcharge imposed by the court.
deleted text begin (f)deleted text end new text begin (e) new text end A person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph shall
be imposed only once per case.
deleted text begin (g)deleted text end new text begin (f) new text end The surcharge does not apply to administrative citations issued pursuant to section
169.999.
Sec. 6.
Minnesota Statutes 2018, section 484.85, is amended to read:
484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS;
RAMSEY COUNTY DISTRICT COURT.
(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
municipality or subdivision of government within Ramsey County for violation of a statute;
an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected by the court administrator shall be deposited in the state treasury and
distributed according to this paragraph. Except where a different disposition is provided by
section 299D.03, subdivision 5, or other law, on or before the last day of each month, the
court shall pay over all fines, penalties, and forfeitures collected by the court administrator
during the previous month as follows:
deleted text begin (1) for offenses committed within the city of St. Paul,deleted text end two-thirds paid to the treasurer
of the deleted text begin city of St. Pauldeleted text end new text begin municipality or subdivision of government within Ramsey Countynew text end
and one-third credited to the state general funddeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) for offenses committed within any other municipality or subdivision of government
within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of
government and one-half credited to the state general fund.
deleted text end
All other fines, penalties, and forfeitures collected by the district court shall be distributed
by the courts as provided by law.
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a)
when:
(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or
(2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 7.
Minnesota Statutes 2018, section 609.101, subdivision 5, is amended to read:
Subd. 5.
Waiver prohibited; reduction and installment payments.
(a) The court may
not waive payment of the minimum fine required by this section.
(b) If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the fine would
create undue hardship for the convicted person or that person's immediate family, the court
may reduce the amount of the minimum fine to not less than $50. Additionally, the court
may permit the defendant to perform community work service in lieu of a fine.
(c) The court also may authorize payment of the fine in installments.
new text begin
(d) Before sentencing a person convicted of a felony, gross misdemeanor, misdemeanor,
or petty misdemeanor to pay money for a fine, fee, or surcharge, the court shall make a
finding on the record as to indigency or the convicted person's ability to comply with an
order to pay without undue hardship for the convicted person or that person's immediate
family. In determining indigency or whether the defendant is able to comply with an order
to pay a fine, fee, or surcharge without undue hardship to the convicted person or that
person's immediate family, the court shall consider:
new text end
new text begin
(1) income;
new text end
new text begin
(2) dependents;
new text end
new text begin
(3) financial resources, including assets and liabilities;
new text end
new text begin
(4) basic living expenses;
new text end
new text begin
(5) receipt of means-tested public assistance program; and
new text end
new text begin
(6) any special circumstances that may bear on the person's ability to pay.
new text end
new text begin
(e) Paragraph (d) shall not apply when a conviction for a violation that is included on
the uniform fine schedule authorized under section 609.101, subdivision 4, is entered without
a hearing before the court.
new text end
Sec. 8. new text begin EARLY NEUTRAL EVALUATION STUDY AND REPORT.
new text end
new text begin
(a) The supreme court is requested to contract with the Board of Regents of the University
of Minnesota to develop and conduct a survey and report as provided in this section.
new text end
new text begin
(b) The board, through its Extension Service, is requested to develop and conduct a
survey of all early neutral evaluation participants from November 1, 2019, to November 1,
2020. At a minimum, the survey must seek the following information:
new text end
new text begin
(1) the participant's demographic information, including age, gender, and race;
new text end
new text begin
(2) a participant's satisfaction levels with the early neutral evaluation process and outcome
as it relates to the following:
new text end
new text begin
(i) custody arrangements;
new text end
new text begin
(ii) parenting time;
new text end
new text begin
(iii) property division;
new text end
new text begin
(iv) legal expenses;
new text end
new text begin
(v) length of time of the process;
new text end
new text begin
(vi) level of cooperation of each party; and
new text end
new text begin
(vii) the effectiveness of the neutral or neutrals;
new text end
new text begin
(3) the participant's opinion regarding fairness of the early neutral evaluation process,
whether the participant's expectations were met, whether the participant made decisions
voluntarily, and whether the participant would recommend the early neutral evaluation to
others; and
new text end
new text begin
(4) the participant's recommendations related to the early neutral evaluation process and
outcome.
new text end
new text begin
(c) The Extension Service is requested to aggregate the results of the survey and report
summary data, as defined in Minnesota Statutes, section 13.03, subdivision 19, to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over children, families, and the judiciary by January 15, 2021. The report is requested to
include the following:
new text end
new text begin
(1) the total number of early neutral evaluation participants;
new text end
new text begin
(2) the total number of social-early neutral evaluation participants;
new text end
new text begin
(3) the total number of financial-early neutral evaluation participants;
new text end
new text begin
(4) all disaggregated data, including survey data, collected by judicial district;
new text end
new text begin
(5) a description of the methods used to collect data; and
new text end
new text begin
(6) a description of general trends, findings, and conclusions based on data collected.
new text end
new text begin
(d) Data collected by the Extension Service in individual participant surveys are private
data on individuals, as defined in Minnesota Statutes, section 13.02, subdivision 12.
new text end
ARTICLE 19
FORFEITURE
Section 1.
Minnesota Statutes 2018, section 84.7741, subdivision 13, is amended to read:
Subd. 13.
Reporting.
The appropriate agency and prosecuting authority shall report on
forfeitures occurring under this section as described in section deleted text begin 609.5315, subdivision 6deleted text end new text begin
609.112, subdivision 35new text end .
Sec. 2.
Minnesota Statutes 2018, section 97A.221, subdivision 5, is amended to read:
Subd. 5.
Reporting.
The appropriate agency and prosecuting authority shall report on
forfeitures of firearms, bows, and motor vehicles occurring under this section as described
in section deleted text begin 609.5315, subdivision 6deleted text end new text begin 609.112, subdivision 35new text end .
Sec. 3.
Minnesota Statutes 2018, section 97A.223, subdivision 6, is amended to read:
Subd. 6.
Reporting.
The appropriate agency and prosecuting authority shall report on
forfeitures of firearms, bows, and motor vehicles occurring under this section as described
in section deleted text begin 609.5315, subdivision 6deleted text end new text begin 609.112, subdivision 35new text end .
Sec. 4.
Minnesota Statutes 2018, section 97A.225, subdivision 10, is amended to read:
Subd. 10.
Reporting.
The appropriate agency and prosecuting authority shall report on
forfeitures occurring under this section as described in section deleted text begin 609.5315, subdivision 6deleted text end new text begin
609.112, subdivision 35new text end .
Sec. 5.
Minnesota Statutes 2018, section 152.21, subdivision 6, is amended to read:
Subd. 6.
Exemption from criminal sanctions.
For the purposes of this section, the
following are not violations under this chapter:
(1) use or possession of THC, or both, by a patient in the research program;
(2) possession, prescribing use of, administering, or dispensing THC, or any combination
of these actions, by the principal investigator or by any clinical investigator; and
(3) possession or distribution of THC, or both, by a pharmacy registered to handle
Schedule I substances which stores THC on behalf of the principal investigator or a clinical
investigator.
THC obtained and distributed pursuant to this section is not subject to forfeiture under
deleted text begin sections 609.531 to 609.5316deleted text end new text begin section 609.112new text end .
For the purposes of this section, THC is removed from Schedule I contained in section
152.02, subdivision 2, and inserted in Schedule II contained in section 152.02, subdivision
3.
Sec. 6.
Minnesota Statutes 2018, section 152.32, subdivision 2, is amended to read:
Subd. 2.
Criminal and civil protections.
(a) Subject to section 152.23, the following
are not violations under this chapter:
(1) use or possession of medical cannabis or medical cannabis products by a patient
enrolled in the registry program, or possession by a registered designated caregiver or the
parent or legal guardian of a patient if the parent or legal guardian is listed on the registry
verification;
(2) possession, dosage determination, or sale of medical cannabis or medical cannabis
products by a medical cannabis manufacturer, employees of a manufacturer, a laboratory
conducting testing on medical cannabis, or employees of the laboratory; and
(3) possession of medical cannabis or medical cannabis products by any person while
carrying out the duties required under sections 152.22 to 152.37.
(b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and
associated property is not subject to forfeiture under deleted text begin sections 609.531 to 609.5316deleted text end new text begin section
609.112new text end .
(c) The commissioner, the commissioner's staff, the commissioner's agents or contractors,
and any health care practitioner are not subject to any civil or disciplinary penalties by the
Board of Medical Practice, the Board of Nursing, or by any business, occupational, or
professional licensing board or entity, solely for the participation in the registry program
under sections 152.22 to 152.37. A pharmacist licensed under chapter 151 is not subject to
any civil or disciplinary penalties by the Board of Pharmacy when acting in accordance
with the provisions of sections 152.22 to 152.37. Nothing in this section affects a professional
licensing board from taking action in response to violations of any other section of law.
(d) Notwithstanding any law to the contrary, the commissioner, the governor of
Minnesota, or an employee of any state agency may not be held civilly or criminally liable
for any injury, loss of property, personal injury, or death caused by any act or omission
while acting within the scope of office or employment under sections 152.22 to 152.37.
(e) Federal, state, and local law enforcement authorities are prohibited from accessing
the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid
search warrant.
(f) Notwithstanding any law to the contrary, neither the commissioner nor a public
employee may release data or information about an individual contained in any report,
document, or registry created under sections 152.22 to 152.37 or any information obtained
about a patient participating in the program, except as provided in sections 152.22 to 152.37.
(g) No information contained in a report, document, or registry or obtained from a patient
under sections 152.22 to 152.37 may be admitted as evidence in a criminal proceeding
unless independently obtained or in connection with a proceeding involving a violation of
sections 152.22 to 152.37.
(h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty
of a gross misdemeanor.
(i) An attorney may not be subject to disciplinary action by the Minnesota Supreme
Court or professional responsibility board for providing legal assistance to prospective or
registered manufacturers or others related to activity that is no longer subject to criminal
penalties under state law pursuant to sections 152.22 to 152.37.
(j) Possession of a registry verification or application for enrollment in the program by
a person entitled to possess or apply for enrollment in the registry program does not constitute
probable cause or reasonable suspicion, nor shall it be used to support a search of the person
or property of the person possessing or applying for the registry verification, or otherwise
subject the person or property of the person to inspection by any governmental agency.
Sec. 7.
Minnesota Statutes 2018, section 299A.681, subdivision 11, is amended to read:
Subd. 11.
Forfeiture.
Property seized by the task force is subject to forfeiture deleted text begin pursuant
to sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be established.
The task force shall receive the proceeds from the sale of all property properly seized and
forfeiteddeleted text end new text begin under section 609.112new text end .
Sec. 8.
Minnesota Statutes 2018, section 357.021, subdivision 1a, is amended to read:
Subd. 1a.
Transmittal of fees to commissioner of management and budget.
(a) Every
person, including the state of Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the court administrator of said court
the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the commissioner of management and budget
for deposit in the state treasury and credit to the general fund. $30 of each fee collected in
a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner
of management and budget in the special revenue fund and is appropriated to the
commissioner of employment and economic development for the displaced homemaker
program under section 116L.96.
(b) In a county which has a screener-collector position, fees paid by a county pursuant
to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary paid for the screener-collector
position. The balance of the fees collected shall then be forwarded to the commissioner of
management and budget for deposit in the state treasury and credited to the general fund.
In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which
has a screener-collector position, the fees paid by a county shall be transmitted monthly to
the commissioner of management and budget for deposit in the state treasury and credited
to the general fund. A screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines and to review the incomes
of potential clients of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public authority or the party the public
authority represents in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525;
(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery
of overpayments of public assistance;
(5) court relief under chapters 260, 260A, 260B, and 260C;
(6) forfeiture of property under deleted text begin sections 169A.63 and 609.531 to 609.5317deleted text end new text begin section
609.112new text end ;
(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5.
(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.
Sec. 9.
new text begin
[609.112] CRIMINAL FORFEITURE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given them.
new text end
new text begin
(b) "Abandoned property" means personal property left by an owner who relinquishes
all rights to its control. Real property may not be abandoned.
new text end
new text begin
(c) "Actual knowledge" means direct and clear awareness of information, a fact, or a
condition.
new text end
new text begin
(d) "Appropriate agency" means the Bureau of Criminal Apprehension; the Department
of Commerce Fraud Bureau; the Minnesota Division of Driver and Vehicle Services; the
Minnesota State Patrol; a county sheriff's department; the Three Rivers Park District park
rangers; the University of Minnesota Police Department; the Department of Corrections
Fugitive Apprehension Unit; a city, metropolitan transit, or airport police department; or a
multijurisdictional entity established under section 299A.642 or 299A.681.
new text end
new text begin
(e) "Contraband" means goods that, in themselves, are unlawful to possess. Contraband
includes but is not limited to scheduled drugs without a valid prescription; bullet-resistant
vests, as defined in section 609.486, worn or possessed during the commission or attempted
commission of a crime; and weapons upon conviction of the weapon's owner or possessor
for:
new text end
new text begin
(1) a controlled substance crime;
new text end
new text begin
(2) any offense of this chapter or chapter 624; or
new text end
new text begin
(3) a violation of an order for protection under section 518B.01, subdivision 14.
new text end
new text begin
In this chapter, contraband does not include proceeds derived from an alleged crime or an
instrumentality used in an alleged crime.
new text end
new text begin
(f) "Conveyance" means a device used for transportation and includes a motor vehicle,
trailer, snowmobile, airplane, vessel, or any equipment attached to one of these devices.
The term does not include property that is stolen or taken in violation of the law.
new text end
new text begin
(g) "Designated offense" means:
new text end
new text begin
(1) for weapons used, any violation of this chapter or chapter 152 or 624;
new text end
new text begin
(2) for driver's license or identification card transactions, any violation of section 171.22;
new text end
new text begin
(3) all controlled substances that were manufactured, distributed, dispensed, or acquired
in violation of chapter 152, and all property, real and personal, that has been used or is
intended for use, or has in any way facilitated, in whole or in part, the manufacturing,
compounding, processing, delivering, importing, cultivating, exporting, transporting, or
exchanging of contraband, or a controlled substance that has not been lawfully manufactured,
distributed, dispensed, and acquired, is subject to forfeiture under this section, except as
provided in this section;
new text end
new text begin
(4) a violation of section 169A.20 (driving while impaired) under the circumstances
described in section 169A.24 (first-degree driving while impaired) or 169A.25 (second-degree
driving while impaired);
new text end
new text begin
(5) a violation of section 169A.20 or an ordinance in conformity with it:
new text end
new text begin
(i) by a person whose driver's license or driving privileges have been canceled as inimical
to public safety under section 171.04, subdivision 1, clause (10), and not reinstated; or
new text end
new text begin
(ii) by a person who is subject to a restriction on the person's driver's license under
section 171.09 (commissioner's license restrictions), which provides that the person may
not use or consume any amount of alcohol or a controlled substance; or
new text end
new text begin
(6) for all other purposes, a felony violation of or a felony-level attempt or conspiracy
to violate section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25;
609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343,
subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e) and (h) to (j);
609.345, subdivision 1, clauses (a) to (e) and (h) to (j); 609.352; 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;
609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
609.893; 609.895; 617.246; or 617.247; or a gross misdemeanor or felony violation of
section 609.891 or 624.7181; or any violation of section 609.324; or a felony violation of
or a felony-level attempt or conspiracy to violate Minnesota Statutes 2012, section 609.21.
new text end
new text begin
(h) "Instrumentality" means property otherwise lawful to possess that is used in the
commission of a designated offense. An instrumentality includes but is not limited to land,
buildings, a container, a conveyance, equipment, materials, products, a tool, a computer,
computer software, a telecommunications device, a firearm, or ammunition.
new text end
new text begin
(i) "Proceeds" means money, securities, negotiable instruments, or other means of
exchange obtained by the sale of property.
new text end
new text begin Subd. 2. new text end
new text begin Purpose. new text end
new text begin
Forfeiture is disfavored. The purpose of this chapter is to:
new text end
new text begin
(1) deter criminal activity by reducing its economic incentives;
new text end
new text begin
(2) confiscate property used in violation of the law and disgorge the fruits of illegal
conduct; and
new text end
new text begin
(3) protect rights due to defendants and innocent owners.
new text end
new text begin Subd. 3. new text end
new text begin Seizure of personal property with process. new text end
new text begin
At the request of the state at any
time, a court may issue an ex parte preliminary order to attach, seize, or secure personal
property for which forfeiture is sought and to provide for its custody. Application, issuance,
execution, and return are subject to state statute and court rules.
new text end
new text begin Subd. 4. new text end
new text begin Seizure of personal property without process. new text end
new text begin
(a) Personal property is subject
to forfeiture and may be seized without a court order if:
new text end
new text begin
(1) the personal property is the subject of a prior judgment in favor of the state;
new text end
new text begin
(2) the seizure of personal property is incident to a lawful arrest for a designated offense,
the property was discovered in a lawful search, and the appropriate agency has probable
cause to believe the property:
new text end
new text begin
(i) was used in any manner or part to commit or to facilitate the commission of the
designated offense; or
new text end
new text begin
(ii) constitutes or was derived directly from proceeds of a designated offense; or
new text end
new text begin
(3) the appropriate agency has probable cause to believe that the delay occasioned by
the necessity to obtain process would result in the removal or destruction of the property
and that:
new text end
new text begin
(i) the property was used or is intended to be used in commission of a felony; or
new text end
new text begin
(ii) the property is dangerous to health or safety.
new text end
new text begin
(b) Mere presence or possession of United States currency, without other indicia of an
offense that authorizes forfeiture of property, is insufficient probable cause for seizure of
United States currency.
new text end
new text begin Subd. 5. new text end
new text begin Seizure or restraint of real property with process. new text end
new text begin
(a) Seizure or restraint of
real property requires a court order. Except as provided in subdivision 6, a court may issue
an order to seize or secure real property for which forfeiture is sought only after proper
notice to property owners and an opportunity for a contested hearing to determine the
sufficiency of probable cause for the seizure.
new text end
new text begin
(b) Except as provided in subdivision 6, nothing in this section prohibits the prosecuting
authority from seeking a lis pendens or restraining order to hinder the sale or destruction
of the real property. However, if the prosecuting attorney obtains a lis pendens or restraining
order, the prosecuting authority shall notify any party with an interest in any real property
within 30 days.
new text end
new text begin
(c) Application, filing, issuance, execution, and return of any order are subject to state
law.
new text end
new text begin Subd. 6. new text end
new text begin Rental property. new text end
new text begin
(a) When contraband or a controlled substance manufactured,
distributed, or acquired in violation of chapter 152 is seized on residential rental property
incident to a lawful search or arrest, the prosecuting authority shall give the notice required
by this subdivision to (1) the landlord of the property or the fee owner identified in the
records of the county assessor, and (2) the agent authorized by the owner to accept service
pursuant to section 504B.181. The notice is not required during an ongoing investigation.
The notice shall state what has been seized and specify the applicable duties and penalties
under this subdivision. The notice shall state that the landlord who chooses to assign the
right to bring an eviction action retains all rights and duties, including removal of a tenant's
personal property following issuance of the writ of recovery and delivery of the writ to the
sheriff for execution. The notice shall also state that the landlord may contact the prosecuting
authority if threatened by the tenant. Notice shall be sent by certified letter, return receipt
requested, within 30 days of the seizure. If receipt is not returned, notice shall be given in
the manner provided by law for service of summons in a civil action.
new text end
new text begin
(b) Within 15 days after notice of the first occurrence, the landlord shall bring or assign
to the prosecuting authority of the county in which the real property is located the right to
bring an eviction action against the tenant. The assignment must be in writing on a form
prepared by the prosecuting authority. If the landlord chooses to assign the right to bring
an eviction action, the assignment shall be limited to those rights and duties up to and
including delivery of the writ of recovery to the sheriff for execution.
new text end
new text begin
(c) Upon notice of a second occurrence on any residential rental property owned by the
same landlord in the same county and involving the same tenant, and within one year after
notice of the first occurrence, the property is subject to forfeiture under this section unless
an eviction action has been commenced as provided in paragraph (b) or the right to bring
an eviction action was assigned to the prosecuting authority as provided in paragraph (b).
If the right has been assigned and not previously exercised, or if the prosecuting authority
requests an assignment and the landlord makes an assignment, the prosecuting authority
may bring an eviction action rather than an action for forfeiture.
new text end
new text begin
(d) The Department of Corrections Fugitive Apprehension Unit shall not seize real
property for the purposes of forfeiture as described in paragraphs (a) to (c).
new text end
new text begin
(e) It is a defense against a proceeding under paragraph (b) that the tenant had no
knowledge or reason to know of the presence of the contraband or controlled substance or
could not prevent its being brought onto the property. It is a defense against a proceeding
under paragraph (c) that the landlord made every reasonable attempt to evict a tenant or to
assign the prosecuting authority the right to bring an eviction action against the tenant or
that the landlord did not receive notice of the seizure.
new text end
new text begin
(f) This subdivision shall not apply if the retail value of the controlled substance is less
than $100, but this subdivision does not subject real property to forfeiture unless (1) the
retail value of the controlled substance is $1,000 or more, or (2) there have been two previous
controlled substance seizures involving the same tenant.
new text end
new text begin Subd. 7. new text end
new text begin Exemptions. new text end
new text begin
(a) The following property is exempt from seizure and forfeiture:
new text end
new text begin
(1) homestead real property;
new text end
new text begin
(2) United States currency totaling no more than $300; and
new text end
new text begin
(3) a motor vehicle of no more than $2,500 in market value, except that this provision
does not apply to a motor vehicle used in violation of section 609.66, subdivision 1e.
new text end
new text begin
(b) A prosecuting authority may establish an exemption with a minimum dollar amount
larger than those in paragraph (a), clauses (2) and (3), in the prosecuting authority's
jurisdiction.
new text end
new text begin Subd. 8. new text end
new text begin Contraband. new text end
new text begin
No property right exists in contraband. Contraband is subject to
seizure and shall be disposed of according to law.
new text end
new text begin Subd. 9. new text end
new text begin Waiver prohibition. new text end
new text begin
(a) An appropriate agency may not request, require, or
in any manner induce any person to execute a document purporting to waive, for purposes
of forfeiture under this section, the person's interest in or rights to property seized. This
prohibition does not apply to the prosecuting agency responsible for the litigation of the
forfeiture case.
new text end
new text begin
(b) Any document in violation of paragraph (a) purporting to waive a person's interest
in, or right to, property seized under this chapter is null, void, and inadmissible in court.
new text end
new text begin Subd. 10. new text end
new text begin Receipt. new text end
new text begin
When property is seized, the appropriate agency shall give an itemized
receipt to the person possessing the property or, in the absence of any person, leave a receipt
in the place where the property was found, if reasonably possible.
new text end
new text begin Subd. 11. new text end
new text begin Criminal forfeiture; property subject to forfeiture. new text end
new text begin
When a person is
convicted of violating a designated offense, the court, consistent with this chapter, may
order the person to forfeit:
new text end
new text begin
(1) any property constituting or derived directly from proceeds of the underlying offense
for which the person is convicted; or
new text end
new text begin
(2) any of the person's property used in any manner or part to commit or to facilitate the
commission of the offense for which the person is convicted.
new text end
new text begin Subd. 12. new text end
new text begin Conviction required; standard of proof. new text end
new text begin
(a) There shall be no civil forfeiture
under this chapter.
new text end
new text begin
(b) Property may be forfeited if (1) the offense is a designated offense, (2) the offense
is established by proof of a criminal conviction, and (3) the state establishes that the property
is subject to forfeiture under subdivision 11 by clear and convincing evidence.
new text end
new text begin
(c) Nothing in this section prevents property from being forfeited by plea agreement
approved by the presiding criminal court except the court shall not accept a plea agreement
or other arrangement that prevents the claims of any person who filed a statement of interest
or ownership pursuant to subdivision 20 or 21 from being adjudicated.
new text end
new text begin
(d) The court may waive the conviction requirement if the prosecuting authority shows
by clear and convincing evidence that, before conviction, the defendant:
new text end
new text begin
(1) died;
new text end
new text begin
(2) no longer resides in the United States;
new text end
new text begin
(3) was granted immunity or reduced punishment in exchange for testifying or assisting
a law enforcement investigation or prosecution;
new text end
new text begin
(4) fled state jurisdiction; or
new text end
new text begin
(5) abandoned the property.
new text end
new text begin
(e) Notwithstanding any law to the contrary, the court shall order the sale of personal
property that is (1) seized from a person who flees state jurisdiction, or (2) abandoned to
be credited to the state general fund.
new text end
new text begin
(f) The court shall order currency that is (1) seized from a person who flees the
jurisdiction, or (2) abandoned to be credited to the state general fund.
new text end
new text begin Subd. 13. new text end
new text begin Forfeiture indictment. new text end
new text begin
(a) In any case in which the state seeks forfeiture of
property except through a complaint as provided in subdivision 14, the prosecuting authority
shall file an indictment or information that includes:
new text end
new text begin
(1) a criminal charge; and
new text end
new text begin
(2) a charge for which forfeiture of property under this chapter may be ordered. This
property-related charge shall identify the specific assets to be forfeited, if known, or the
relevant forfeiture statutes if specific assets to be forfeited are not known at the time the
prosecuting authority requests the issuance of the indictment.
new text end
new text begin
(b) Upon application of the prosecuting authority, the court may enter a restraining order
or injunction, or take other action to preserve the availability of property only:
new text end
new text begin
(1) upon the issuance of an indictment or information according to paragraph (a); or
new text end
new text begin
(2) prior to the issuance of such an indictment or information if the court determines
there is a substantial probability the state will prevail on the issue of criminal forfeiture and
that failure to enter the order will result in property being destroyed, removed from the
jurisdiction, or otherwise made unavailable for forfeiture.
new text end
new text begin
(c) Any order entered pursuant to paragraph (b) shall be effective for not more than 90
days, unless extended by the court for good cause shown or unless an indictment or
information described in paragraph (b), clause (1), has been subsequently issued.
new text end
new text begin
(d) Notice must be provided as set forth in the complaint process provided in subdivision
14 to all persons known to have an interest in the property who are not named in the
indictment or information.
new text end
new text begin Subd. 14. new text end
new text begin Forfeiture complaint; service of process. new text end
new text begin
(a) In any case in which the state
seeks forfeiture of property, except when the state seeks forfeiture through indictment or
information as provided in subdivision 13, the prosecuting authority shall file a criminal
complaint that includes (1) criminal charges, and (2) the information identified in paragraph
(b) before the defendant's first appearance in court. Upon motion by the prosecuting authority,
a court may permit the filing of an amended criminal complaint within seven days of the
first appearance for good cause shown. Service of an amended criminal complaint on a
represented party must be made on the attorney. Service on the attorney or party must be
made in the manner provided by the rules of practice of the court, including by electronic
means as authorized by the court. The court shall verify service at the defendant's next
appearance.
new text end
new text begin
(b) A complaint in any case in which the state seeks forfeiture of property must include:
new text end
new text begin
(1) a description of the property seized;
new text end
new text begin
(2) the date and place of the seizure;
new text end
new text begin
(3) the name and address of the appropriate agency responsible for the seizure;
new text end
new text begin
(4) a statement of facts establishing probable cause to believe that the charged offense
has been committed, that the defendant committed it, and that the seized property is an
instrument or represents the proceeds of the underlying offense;
new text end
new text begin
(5) the name of any person known to the prosecuting authority to have an interest in the
property and the nature of that interest; and
new text end
new text begin
(6) references to the relevant statutory provisions required to show the property is the
type of property that may be forfeited under subdivision 11.
new text end
new text begin
(c) If notice is not served in accordance with paragraphs (a) and (b) to all persons
appearing to have an interest in the property and no time extension is granted or the extension
period has expired, the appropriate agency shall, upon the owner's request, return the property
to the person from whom the property was seized, if known. The agency shall not be required
to return contraband.
new text end
new text begin
(d) Failure to file a forfeiture complaint required by this subdivision shall not invalidate
prosecution for the underlying criminal offense.
new text end
new text begin
(e) Unless otherwise specified in law, the prosecuting authority shall provide notice of
the forfeiture proceeding to the registered owner of any vehicle and any other individual
known to have an interest in any property subject to forfeiture under this section who is not
charged with a crime in the complaint. Notice must be given within seven days of the filing
of the complaint pursuant to paragraph (a) or, if an interest was not known at the time of
the filing, within seven days of discovery of an individual with an interest in the property
and may be made by personal service if the owner is a resident of this state, or by certified
mail if the person is a resident of another state.
new text end
new text begin
(f) The notice must be in writing and contain:
new text end
new text begin
(1) a description of the property seized;
new text end
new text begin
(2) the date of seizure; and
new text end
new text begin
(3) a copy of the complaint filed pursuant to paragraph (a).
new text end
new text begin
(g) Substantially, the following language must appear conspicuously in the notice:
new text end
new text begin
"WARNING: You may lose the right to be heard in court if you do not file a petition
pursuant to Minnesota Statutes, section 609.112, subdivision 20 or 21. You do not have to
pay a filing fee to file your notice."
new text end
new text begin Subd. 15. new text end
new text begin Title. new text end
new text begin
(a) Title to the property subject to forfeiture vests with the state when
the court issues a forfeiture judgment and relates back to the time when the state seizes or
restrains the property.
new text end
new text begin
(b) Title to substitute assets vests when the court issues an order forfeiting substitute
assets.
new text end
new text begin
(c) For either paragraph (a) or (b), title is subject to claims by third parties adjudicated
under this chapter.
new text end
new text begin Subd. 16. new text end
new text begin Defendant's pretrial replevin hearing. new text end
new text begin
(a) Following the seizure of property,
a defendant has a right to a pretrial hearing to determine the validity of the seizure.
new text end
new text begin
(b) The court shall hold the hearing at the time the defendant enters a plea or no later
than 14 days after the defendant's first appearance under rule 5 of the Rules of Criminal
Procedure.
new text end
new text begin
(c) Either party may, by agreement or for good cause, move the court for one extension
of no more than ten days. This motion may be supported by affidavits or other submissions.
new text end
new text begin
(d) The court shall issue a writ of replevin if it finds that:
new text end
new text begin
(1) it is likely the final judgment will be that the state must return the property to the
defendant;
new text end
new text begin
(2) the property is not reasonably required to be held for evidentiary reasons; and
new text end
new text begin
(3) the property is the only reasonable means for the defendant to pay for legal
representation and minimum living expenses in the forfeiture or criminal proceeding unless
the prosecuting authority shows by clear and convincing evidence that the property is the
instrument or proceeds of an offense for which the defendant is charged. At the court's
discretion, it may order the return of funds or property sufficient to obtain counsel of choice
but less than the total amount seized.
new text end
new text begin Subd. 17. new text end
new text begin Discovery. new text end
new text begin
Discovery is subject to the Rules of Criminal Procedure.
new text end
new text begin Subd. 18. new text end
new text begin Venue; trial proceedings. new text end
new text begin
(a) The district court with jurisdiction over the
related criminal matter has jurisdiction over the forfeiture proceeding.
new text end
new text begin
(b) The litigation related to the forfeiture of property shall be held in a single proceeding
following entry of a plea of guilty or the trial of the related alleged offense. The litigation
associated with the forfeiture of property of less than $10,000 in value shall be held before
only a judge.
new text end
new text begin
(c) The court is not bound by the rules of evidence or technical or formal rules of pleading
or procedure in the litigation related to the forfeiture of property when a property owner
engages in pro se representation in a case before a judge.
new text end
new text begin
(d) If the defendant in the related criminal matter was represented by the public defender,
the state public defender or chief public defender of the judicial district may authorize
representation of the defendant in the forfeiture proceeding.
new text end
new text begin Subd. 19. new text end
new text begin Proportionality hearing. new text end
new text begin
(a) At any time during a hearing pursuant to
subdivision 16 or 18, the defendant may petition the court to determine whether the forfeiture
is unconstitutionally excessive under the state or federal constitution.
new text end
new text begin
(b) The defendant has the burden of proving the forfeiture is disproportional to the
seriousness of the offense by a preponderance of the evidence at a hearing conducted by
the court without a jury.
new text end
new text begin
(c) In determining whether the forfeiture of an instrumentality is unconstitutionally
excessive, the court may consider all relevant factors, including but not limited to:
new text end
new text begin
(1) the seriousness of the offense and its impact on the community, including the duration
of the activity and the harm caused by the defendant;
new text end
new text begin
(2) the extent to which the defendant participated in the offense;
new text end
new text begin
(3) the extent to which the property was used in committing the offense;
new text end
new text begin
(4) the sentence imposed for committing the crime authorizing forfeiture; and
new text end
new text begin
(5) whether the offense was completed or attempted.
new text end
new text begin
(d) In determining the value of the instrumentality subject to forfeiture, the court may
consider the fair market value of the property.
new text end
new text begin
(e) The court may also consider:
new text end
new text begin
(1) the hardship to the defendant if the forfeiture is realized and if the forfeiture would
deprive the property owner of the owner's livelihood; and
new text end
new text begin
(2) the hardship from the loss of a primary residence, motor vehicle, or other property
to the defendant's family members or others if the property is forfeited.
new text end
new text begin
(f) The court may not consider the value of the instrumentality to the state in determining
whether the forfeiture of an instrumentality is constitutionally excessive.
new text end
new text begin Subd. 20. new text end
new text begin Secured interest. new text end
new text begin
(a) Property encumbered by a bona fide security interest is
not subject to forfeiture. A person claiming a security interest must establish by clear and
convincing evidence the validity of the interest.
new text end
new text begin
(b) The prosecuting authority summarily and without unreasonable delay shall return
seized property to the person with a bona fide security interest, up to the value of the secured
interest.
new text end
new text begin
(c) If the person alleges a valid security interest but the state seeks to proceed with the
forfeiture against the property claimed by the person, the state shall prove by clear and
convincing evidence that the person had actual knowledge of the underlying crime giving
rise to the forfeiture. Either party may ask the court for a hearing at any time before the
court enters a judgment in the criminal prosecution.
new text end
new text begin Subd. 21. new text end
new text begin Innocent owner. new text end
new text begin
(a) Any person, including an heir but excluding the defendant
or a secured-interest holder, asserting a legal interest in property that has been seized or
restrained may, at any time before the court enters judgment in the criminal prosecution,
petition the court for a hearing to adjudicate the validity of the person's alleged interest in
the property. The hearing shall be held before the court without a jury.
new text end
new text begin
(b) The petitioner shall file a simple statement of interest or ownership. The petitioner
shall sign the petition under penalty of perjury and shall set forth the nature and extent of
the petitioner's right, title, or interest in the property; the time and circumstances of the
petitioner's acquisition of the right, title, or interest in the property; any additional facts
supporting the petitioner's claim; and the relief sought.
new text end
new text begin
(c) The filing fee for the statement under this subdivision is waived.
new text end
new text begin
(d) The hearing on the petition shall, to the extent practicable and consistent with the
interests of justice, be held within 30 days of the filing of the petition. The court may
consolidate the hearing on the petition with a hearing on any other petition filed by a person
other than the defendant under this subdivision.
new text end
new text begin
(e) At the hearing, the petitioner may testify and present evidence and witnesses on the
petitioner's own behalf and cross-examine witnesses who appear at the hearing. The state
may present evidence and witnesses in rebuttal and in defense of its claim to the property
and cross-examine witnesses who appear at the hearing.
new text end
new text begin
(f) The petitioner who has an ownership interest in property subject to forfeiture at the
time the commission of the crime giving rise to forfeiture occurred and who claims to be
an innocent owner bears the burden of proving by clear and convincing evidence that the
person has a legal right, title, or interest in the property seized under this chapter.
new text end
new text begin
(g) If paragraph (f) is satisfied and the state seeks to proceed with the forfeiture of the
property, the state shall prove by clear and convincing evidence that the petitioner had actual
knowledge of the underlying crime giving rise to the forfeiture.
new text end
new text begin
(h) A petitioner who acquired an ownership interest in property subject to forfeiture
after the commission of the crime giving rise to the forfeiture and who claims to be an
innocent owner bears the burden of proving by clear and convincing evidence that the person
has a legal right, title, or interest in the property seized under this chapter.
new text end
new text begin
(i) If paragraph (h) is satisfied and the state seeks to proceed with the forfeiture of the
property, the state shall prove by clear and convincing evidence that, at the time the petitioner
acquired the property, the person:
new text end
new text begin
(1) had actual knowledge that the property was subject to forfeiture; or
new text end
new text begin
(2) was not a bona fide purchaser without notice of any defect in title and for valuable
consideration.
new text end
new text begin
(j) If the state fails to meet its burden in paragraph (g) or (i), the court shall find that the
petitioner is an innocent owner and shall order the state to relinquish all claims of title to
the property.
new text end
new text begin
(k) No information in the statement of interest or ownership filed pursuant to this section
shall be used as evidence in the criminal matter. Nothing in this section prohibits the
petitioner who has filed a statement of interest or ownership under this section from providing
information to any prosecuting authority or defendant involved in the related criminal matter
or representatives of any prosecuting authority or defendant, or from testifying in any
criminal trial as to facts within the petitioner's knowledge.
new text end
new text begin
(l) The defendant or convicted offender may invoke the right against self-incrimination
or the marital privilege during the forfeiture-related stage of the prosecution. The trier of
fact at the hearing may draw an adverse inference from the invocation of the right or
privilege.
new text end
new text begin Subd. 22. new text end
new text begin Judgment. new text end
new text begin
(a) If the prosecuting authority fails to meet its burden as to any
claimant, the court must enter judgment dismissing the forfeiture proceeding and delivering
the property to the prevailing owner, unless the owner's possession of the property is illegal.
new text end
new text begin
(b) If the prosecuting authority meets its burden as to all claimants, the court shall enter
judgment forfeiting the seized property.
new text end
new text begin
(c) A court may enter judgment following a hearing or pursuant to a stipulation or plea
agreement.
new text end
new text begin Subd. 23. new text end
new text begin Substitution of assets. new text end
new text begin
Upon the state's motion following conviction, the court
may order the forfeiture of substitute property owned by the defendant up to the value of
unreachable property that is beyond the court's jurisdiction or cannot be located through
due diligence only if the state proves by a preponderance of the evidence that the defendant
intentionally:
new text end
new text begin
(1) dissipated property;
new text end
new text begin
(2) transferred, sold, or deposited property with a third party to avoid forfeiture;
new text end
new text begin
(3) diminished substantially the value of the property; or
new text end
new text begin
(4) commingled property with other property that cannot be divided without difficulty.
new text end
new text begin Subd. 24. new text end
new text begin No additional remedies. new text end
new text begin
The state may not seek personal money judgments
or other remedies related to the forfeiture of property not provided for in this section.
new text end
new text begin Subd. 25. new text end
new text begin No joint and several liability. new text end
new text begin
A defendant is not jointly and severally liable
for forfeiture awards owed by other defendants. When ownership is unclear, a court may
order each defendant to forfeit property on a pro rata basis or by another means the court
finds equitable.
new text end
new text begin Subd. 26. new text end
new text begin Appeal. new text end
new text begin
(a) A party to forfeiture litigation, other than the defendant, may
appeal the district court's decision regarding the seizure, on an interlocutory basis, or
forfeiture of property under this chapter.
new text end
new text begin
(b) The defendant may appeal the district court's decision regarding the seizure or
forfeiture of property following judgment in the forfeiture litigation.
new text end
new text begin Subd. 27. new text end
new text begin Attorney fees. new text end
new text begin
In any proceeding in which a property owner's claims prevail
by recovering at least half, by value, of the property or currency claimed, the seizing agency
shall be liable for:
new text end
new text begin
(1) attorney fees and other litigation costs reasonably incurred by the claimant;
new text end
new text begin
(2) postjudgment interest; and
new text end
new text begin
(3) in cases involving currency, other negotiable instruments, or the proceeds of an
interlocutory sale, any interest actually paid from the date of seizure.
new text end
new text begin Subd. 28. new text end
new text begin Return of property; damages; costs. new text end
new text begin
(a) If the court orders the return of
property, the appropriate agency that holds the property shall return the property to the
owner or other prevailing claimant within a reasonable period of time not to exceed five
days after entry of judgment.
new text end
new text begin
(b) Any owner to whom property is returned shall not be subject to any charges for
storage of the property or expenses incurred in the preservation of the property.
new text end
new text begin
(c) The appropriate agency that holds the property is responsible for any damages, storage
fees, and related costs applicable to property returned under this section.
new text end
new text begin Subd. 29. new text end
new text begin Disposition of property and proceeds. new text end
new text begin
(a) At any time when contraband held
for evidentiary purposes is no longer needed for that purpose, the court may order that it be
destroyed pursuant to state law.
new text end
new text begin
(b) At any time when abandoned property held for evidentiary purposes is no longer
needed for that purpose, the court may order the property to be sold and the proceeds
distributed pursuant to subdivision 12, paragraphs (e) and (f).
new text end
new text begin
(c) If forfeiture is granted, the proceeds from the sale of forfeited personal property shall
first be used to pay all outstanding recorded liens on the forfeited property.
new text end
new text begin
(d) The court may then order that a portion of the currency seized or proceeds from the
sale of forfeited property be used to (1) pay the victim of the crime for which the defendant
is convicted, and (2) pay reasonable nonpersonnel expenses for the seizure, storage, and
maintenance of any forfeited property.
new text end
new text begin
(e) The court must then order remaining funds be credited equally to:
new text end
new text begin
(1) the justice programs forfeiture account in the special revenue fund and is appropriated
to the commissioner of public safety for grants administered through the Office of Justice
Programs;
new text end
new text begin
(2) the commissioner of health to be deposited in the safe harbor for youth account in
the special revenue fund and is appropriated to the commissioner of health for distribution
to crime victims services organizations that provide services to sexually exploited youth,
as defined in section 260C.007, subdivision 31;
new text end
new text begin
(3) the public defender forfeiture account in the special revenue fund and is appropriated
to the Minnesota Board of Public Defense; and
new text end
new text begin
(4) the state general fund.
new text end
new text begin
(f) A justice programs forfeiture account is established as a special account in the state
treasury.
new text end
new text begin
(g) A public defender forfeiture account is established as a special account in the state
treasury.
new text end
new text begin Subd. 30. new text end
new text begin Prohibition on retaining property; sale restrictions. new text end
new text begin
No appropriate agency
may retain forfeited or abandoned property for its own use or sell it directly or indirectly
to any employee of the agency, to a person related to an employee by blood or marriage,
or to another appropriate agency or any other law enforcement agency.
new text end
new text begin Subd. 31. new text end
new text begin Prohibition of federal adoption. new text end
new text begin
A local, county, or state law enforcement
agency shall not refer, transfer, or otherwise relinquish possession of property seized under
state law to a federal agency by way of adoption of the seized property or other means by
the federal agency for the purpose of the property's forfeiture under the federal Controlled
Substances Act, United States Code, title 21, section 881, or the Comprehensive Drug Abuse
Prevention and Control Act of 1970, Public Law 91-513, section 413.
new text end
new text begin Subd. 32. new text end
new text begin Limit on receiving forfeiture proceeds from joint task forces. new text end
new text begin
(a) In a case
in which the aggregate net equity value of the property and currency seized has a value of
$50,000 or less, excluding the value of contraband, a local, county, or state law enforcement
agency or participant in a joint task force or other multijurisdictional collaboration with the
federal government shall transfer responsibility for the seized property to the state prosecuting
authority for forfeiture under state law.
new text end
new text begin
(b) If the federal government prohibits the transfer of seized property and currency to
the state prosecuting authority as required by paragraph (a) and instead requires the property
be transferred to the federal government for forfeiture under federal law, the agency is
prohibited from accepting payment of any kind or distribution of forfeiture proceeds from
the federal government.
new text end
new text begin
(c) Nothing in paragraph (a) or (b) shall be construed to restrict an agency from
transferring responsibility to the federal government for forfeiture of seized property and
currency that has an aggregate net equity value of greater than $50,000, excluding the value
of contraband.
new text end
new text begin
(d) Nothing in paragraph (a) or (b) or subdivision 31 shall be construed to restrict a local,
county, or state law enforcement agency from acting alone or collaborating with a federal
agency or other agency to seize contraband or property a law enforcement agent has probable
cause to believe is the proceeds or instruments of a crime that subjects property to forfeiture.
new text end
new text begin
(e) Nothing in paragraph (a) or (b) or subdivision 31 shall be construed to prohibit the
federal government, acting without the involvement of a local, county, or state law
enforcement agency, from seizing property and seeking forfeiture under federal law.
new text end
new text begin Subd. 33. new text end
new text begin Preemption. new text end
new text begin
This chapter preempts laws by other governments in the state
that regulate forfeiture of property in crimes related to controlled substances and driving
while impaired.
new text end
new text begin Subd. 34. new text end
new text begin Exception. new text end
new text begin
The provisions of this section other than the reporting requirement
under subdivision 35 do not apply to seizure or forfeiture proceedings under chapter 84 or
97A.
new text end
new text begin Subd. 35. new text end
new text begin Reporting requirement. new text end
new text begin
(a) For each forfeiture occurring in the state, the
appropriate agency and the prosecuting authority shall provide a written record of the
forfeiture incident to the state auditor. The record shall include the amount forfeited, the
statutory authority for the forfeiture, the date, a brief description of the circumstances
involved, and whether the forfeiture was contested. The record shall also list the number of
firearms forfeited and the make, model, and serial number of each firearm forfeited. The
record shall indicate how the property was or is to be disposed of.
new text end
new text begin
(b) An appropriate agency or the prosecuting authority shall report to the state auditor
all instances in which property seized for forfeiture is returned to its owner either because
forfeiture is not pursued or for any other reason.
new text end
new text begin
(c) Reports shall be made on a monthly basis in a manner prescribed by the state auditor.
The state auditor shall report annually to the legislature on the nature and extent of forfeitures.
new text end
new text begin
(d) For forfeitures resulting from the activities of multijurisdictional law enforcement
entities, the entity on its own behalf shall report the information required in this subdivision.
new text end
new text begin
(e) The prosecuting authority is not required to report information required by this
subdivision unless the prosecuting authority has been notified by the state auditor that the
appropriate agency has not reported it.
new text end
Sec. 10.
Minnesota Statutes 2018, section 609.66, subdivision 1d, is amended to read:
Subd. 1d.
Possession on school property; penalty.
(a) Except as provided under
paragraphs (d) and (f), whoever possesses, stores, or keeps a dangerous weapon while
knowingly on school property is guilty of a felony and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on school
property is guilty of a gross misdemeanor.
(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while knowingly
on school property is guilty of a misdemeanor.
(d) Notwithstanding paragraph (a), (b), or (c), it is a misdemeanor for a person authorized
to carry a firearm under the provisions of a permit or otherwise to carry a firearm on or
about the person's clothes or person in a location the person knows is school property.
Notwithstanding deleted text begin section 609.531deleted text end new text begin any law to the contrarynew text end , a firearm carried in violation of
this paragraph is not subject to forfeiture.
(e) As used in this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less
in diameter;
(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;
(3) "replica firearm" has the meaning given it in section 609.713; and
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school building and its improved
grounds, whether leased or owned by the school;
(ii) a child care center licensed under chapter 245A during the period children are present
and participating in a child care program;
(iii) the area within a school bus when that bus is being used by a school to transport
one or more elementary, middle, or secondary school students to and from school-related
activities, including curricular, cocurricular, noncurricular, extracurricular, and supplementary
activities; and
(iv) that portion of a building or facility under the temporary, exclusive control of a
public or private school, a school district, or an association of such entities where conspicuous
signs are prominently posted at each entrance that give actual notice to persons of the
school-related use.
(f) This subdivision does not apply to:
(1) active licensed peace officers;
(2) military personnel or students participating in military training, who are on-duty,
performing official duties;
(3) persons authorized to carry a pistol under section 624.714 while in a motor vehicle
or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the trunk or
rear area of the vehicle;
(4) persons who keep or store in a motor vehicle pistols in accordance with section
624.714 or 624.715 or other firearms in accordance with section 97B.045;
(5) firearm safety or marksmanship courses or activities conducted on school property;
(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial
color guard;
(7) a gun or knife show held on school property;
(8) possession of dangerous weapons, BB guns, or replica firearms with written
permission of the principal or other person having general control and supervision of the
school or the director of a child care center; or
(9) persons who are on unimproved property owned or leased by a child care center,
school, or school district unless the person knows that a student is currently present on the
land for a school-related activity.
(g) Notwithstanding section 471.634, a school district or other entity composed
exclusively of school districts may not regulate firearms, ammunition, or their respective
components, when possessed or carried by nonstudents or nonemployees, in a manner that
is inconsistent with this subdivision.
Sec. 11.
Minnesota Statutes 2018, section 609.762, subdivision 2, is amended to read:
Subd. 2.
Seizure.
new text begin Forfeiture of new text end property deleted text begin subject to forfeiture underdeleted text end new text begin identified innew text end
subdivision 1 deleted text begin may be seized by any law enforcement agency upon process issued by any
court having jurisdiction over the property. Seizure without process may be made if:deleted text end new text begin must
be made pursuant to section 609.112.
new text end
deleted text begin
(1) the seizure is incident to an arrest or a search under a search warrant;
deleted text end
deleted text begin
(2) the property subject to seizure has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding; or
deleted text end
deleted text begin (3) the law enforcement agency has probable cause to believe that the property was used
or is intended to be used in a gambling violation and the delay occasioned by the necessity
to obtain process would result in the removal, loss, or destruction of the propertydeleted text end .
Sec. 12.
Minnesota Statutes 2018, section 609.856, subdivision 2, is amended to read:
Subd. 2.
Forfeiture.
A radio or device defined in subdivision 1 that is used in the
commission of a felony or violation of section 609.487 or attempt to commit a felony or
violation of section 609.487 is contraband property and subject to the forfeiture provisions
of section deleted text begin 609.531deleted text end new text begin 609.112new text end .
Sec. 13.
Minnesota Statutes 2018, section 609.895, subdivision 5, is amended to read:
Subd. 5.
Forfeiture.
Property used to commit or facilitate the commission of a violation
of this section, and all money and property representing proceeds of a violation of this
section, shall be forfeited in accordance with deleted text begin sections 609.531 to 609.5316deleted text end new text begin section 609.112new text end .
Notwithstanding any provision of section deleted text begin 609.5315deleted text end new text begin 609.112new text end to the contrary, forfeited items
bearing or identified by a counterfeit mark must be destroyed unless the intellectual property
owner consents to another disposition.
Sec. 14.
Minnesota Statutes 2018, section 609.908, subdivision 3, is amended to read:
Subd. 3.
Sale proceeds.
The proceeds of a sale or other disposition of forfeited property
under this section whether by final judgment, settlement, or otherwise, must be applied as
follows:
(1) to the fees and costs of the forfeiture and sale including expenses of seizure,
maintenance, and custody of the property pending its disposition, advertising, and court
costs;
(2) to all costs and expenses of investigation and prosecution including costs of resources
and personnel incurred in investigation and prosecution; and
(3) the balance to the appropriate agencies under section deleted text begin 609.5315, subdivision 5deleted text end new text begin 609.112,
subdivision 28new text end .
Sec. 15.
Minnesota Statutes 2018, section 609B.515, is amended to read:
609B.515 DWI; VEHICLE FORFEITURE.
Under section deleted text begin 169A.63deleted text end new text begin 609.112new text end , a motor vehicle is subject to forfeiture if a driver is
convicted of a "designated offense," as defined in section deleted text begin 169A.63, subdivision 1deleted text end new text begin 609.112,
subdivision 1new text end .
Section deleted text begin 169A.63, subdivision 7,deleted text end new text begin 609.112new text end specifies limitations on vehicle forfeiture.deleted text begin
Section 169A.63, subdivisions 8 and 9, provide for administrative forfeiture procedure and
judicial forfeiture procedure. Section 169A.63, subdivisions 10 and 11, provide for disposition
of a forfeited vehicle.
deleted text end
Sec. 16.
Minnesota Statutes 2018, section 611.32, subdivision 2, is amended to read:
Subd. 2.
Proceedings at time of apprehension or arrest.
Following the apprehension
or arrest of a person disabled in communication for an alleged violation of a criminal law,
the arresting officer, sheriff or other law enforcement official shall immediately make
necessary contacts to obtain a qualified interpreter and shall obtain an interpreter at the
earliest possible time at the place of detention. A law enforcement officer shall, with the
assistance of the interpreter, explain to the person disabled in communication, all charges
filed against the person, and all procedures relating to the person's detainment and release.
If the property of a person is seized under section deleted text begin 609.531, subdivision 4deleted text end new text begin 609.112new text end , the seizing
officer, sheriff, or other law enforcement official shall, upon request, make available to the
person at the earliest possible time a qualified interpreter to assist the person in understanding
the possible consequences of the seizure and the person's right to judicial review. deleted text begin If the
seizure is governed by section 609.5314, subdivision 2, a request for an interpreter must be
made within 15 days after service of the notice of seizure and forfeiture. For a person who
requests an interpreter under this section because of a seizure of property under section
609.5314, the 60 days for filing a demand for a judicial determination of a forfeiture begins
when the interpreter is provided.deleted text end The interpreter shall also assist the person with all other
communications, including communications relating to needed medical attention. Prior to
interrogating or taking the statement of the person disabled in communication, the arresting
officer, sheriff, or other law enforcement official shall make available to the person a
qualified interpreter to assist the person throughout the interrogation or taking of a statement.
Sec. 17.
Minnesota Statutes 2018, section 624.714, subdivision 1b, is amended to read:
Subd. 1b.
Display of permit; penalty.
(a) The holder of a permit to carry must have the
permit card and a driver's license, state identification card, or other government-issued photo
identification in immediate possession at all times when carrying a pistol and must display
the permit card and identification document upon lawful demand by a peace officer, as
defined in section 626.84, subdivision 1. A violation of this paragraph is a petty misdemeanor.
The fine for a first offense must not exceed $25. Notwithstanding section deleted text begin 609.531deleted text end new text begin 609.112new text end ,
a firearm carried in violation of this paragraph is not subject to forfeiture.
(b) A citation issued for violating paragraph (a) must be dismissed if the person
demonstrates, in court or in the office of the arresting officer, that the person was authorized
to carry the pistol at the time of the alleged violation.
(c) Upon the request of a peace officer, a permit holder must write a sample signature
in the officer's presence to aid in verifying the person's identity.
(d) Upon the request of a peace officer, a permit holder shall disclose to the officer
whether or not the permit holder is currently carrying a firearm.
Sec. 18.
Minnesota Statutes 2018, section 624.714, subdivision 7a, is amended to read:
Subd. 7a.
Change of address; loss or destruction of permit.
(a) Within 30 days after
changing permanent address, or within 30 days of having lost or destroyed the permit card,
the permit holder must notify the issuing sheriff of the change, loss, or destruction. Failure
to provide notification as required by this subdivision is a petty misdemeanor. The fine for
a first offense must not exceed $25. Notwithstanding section deleted text begin 609.531deleted text end new text begin 609.112new text end , a firearm
carried in violation of this paragraph is not subject to forfeiture.
(b) After notice is given under paragraph (a), a permit holder may obtain a replacement
permit card by paying $10 to the sheriff. The request for a replacement permit card must
be made on an official, standardized application adopted for this purpose under section
624.7151, and, except in the case of an address change, must include a notarized statement
that the permit card has been lost or destroyed.
Sec. 19.
Minnesota Statutes 2018, section 624.714, subdivision 17, is amended to read:
Subd. 17.
Posting; trespass.
(a) A person carrying a firearm on or about his or her person
or clothes under a permit or otherwise who remains at a private establishment knowing that
the operator of the establishment or its agent has made a reasonable request that firearms
not be brought into the establishment may be ordered to leave the premises. A person who
fails to leave when so requested is guilty of a petty misdemeanor. The fine for a first offense
must not exceed $25. Notwithstanding section deleted text begin 609.531deleted text end new text begin 609.112new text end , a firearm carried in violation
of this subdivision is not subject to forfeiture.
(b) As used in this subdivision, the terms in this paragraph have the meanings given.
(1) "Reasonable request" means a request made under the following circumstances:
(i) the requester has prominently posted a conspicuous sign at every entrance to the
establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR)
BANS GUNS IN THESE PREMISES."; or
(ii) the requester or the requester's agent personally informs the person that guns are
prohibited in the premises and demands compliance.
(2) "Prominently" means readily visible and within four feet laterally of the entrance
with the bottom of the sign at a height of four to six feet above the floor.
(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in height
against a bright contrasting background that is at least 187 square inches in area.
(4) "Private establishment" means a building, structure, or portion thereof that is owned,
leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.
(c) The owner or operator of a private establishment may not prohibit the lawful carry
or possession of firearms in a parking facility or parking area.
(d) The owner or operator of a private establishment may not prohibit the lawful carry
or possession of firearms by a peace officer, as defined in section 626.84, subdivision 1,
paragraph (c), within the private establishment or deny the officer access thereto, except
when specifically authorized by statute. The owner or operator of the private establishment
may require the display of official credentials issued by the agency that employs the peace
officer prior to granting the officer entry into the private establishment.
(e) This subdivision does not apply to private residences. The lawful possessor of a
private residence may prohibit firearms, and provide notice thereof, in any lawful manner.
(f) A landlord may not restrict the lawful carry or possession of firearms by tenants or
their guests.
(g) Notwithstanding any inconsistent provisions in section 609.605, this subdivision sets
forth the exclusive criteria to notify a permit holder when otherwise lawful firearm possession
is not allowed in a private establishment and sets forth the exclusive penalty for such activity.
(h) This subdivision does not apply to a security guard acting in the course and scope
of employment. The owner or operator of a private establishment may require the display
of official credentials issued by the company, which must be licensed by the Private Detective
and Protective Agent Services Board, that employs the security guard and the guard's permit
card prior to granting the guard entrance into the private establishment.
Sec. 20.
Minnesota Statutes 2018, section 624.7142, subdivision 6, is amended to read:
Subd. 6.
Penalties.
(a) A person who violates a prohibition under subdivision 1, clauses
(1) to (5), is guilty of a misdemeanor. A second or subsequent violation is a gross
misdemeanor.
(b) A person who violates subdivision 1, clause (6), is guilty of a misdemeanor.
(c) In addition to the penalty imposed under paragraph (a), if a person violates subdivision
1, clauses (1) to (5), the person's authority to carry a pistol in a public place on or about the
person's clothes or person under the provisions of a permit or otherwise is revoked and the
person may not reapply for a period of one year from the date of conviction.
(d) In addition to the penalty imposed under paragraph (b), if a person violates subdivision
1, clause (6), the person's authority to carry a pistol in a public place on or about the person's
clothes or person under the provisions of a permit or otherwise is suspended for 180 days
from the date of conviction.
(e) Notwithstanding section deleted text begin 609.531deleted text end new text begin 609.112new text end , a firearm carried in violation of subdivision
1, clause (6), is not subject to forfeiture.
Sec. 21.
Minnesota Statutes 2018, section 629.715, subdivision 2, is amended to read:
Subd. 2.
Surrender of firearms.
The judge may order as a condition of release that the
person surrender to the local law enforcement agency all firearms, destructive devices, or
dangerous weapons owned or possessed by the person, and may not live in a residence
where others possess firearms. Any firearm, destructive device, or dangerous weapon
surrendered under this subdivision shall be inventoried and retained, with due care to preserve
its quality and function, by the local law enforcement agency, and must be returned to the
person upon the person's acquittal, when charges are dismissed, or if no charges are filed.
If the person is convicted, the firearm must be returned when the court orders the return or
when the person is discharged from probation and restored to civil rights. If the person is
convicted of deleted text begin a designateddeleted text end new text begin annew text end offense deleted text begin as defined in section 609.531,deleted text end new text begin under whichnew text end the firearmnew text begin
is subject to forfeiture, itnew text end is subject to forfeiture as provided under deleted text begin thatdeleted text end sectionnew text begin 609.112new text end .
This condition may be imposed in addition to any other condition authorized by rule 6.02
of the Rules of Criminal Procedure.
Sec. 22. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, sections 169A.63; 609.531, subdivisions 1, 1a, 4, 5, 5a, 6a, 7,
and 8; 609.5311; 609.5312; 609.5313; 609.5314; 609.5315; 609.5316; 609.5317; 609.5318;
609.5319; 609.762, subdivisions 3, 4, 5, and 6; and 609.905, subdivision 3,
new text end
new text begin
are repealed.
new text end
Sec. 23. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 1, 2019.
new text end
ARTICLE 20
CIVIL POLICY
Section 1.
new text begin
[3.8844] LEGISLATIVE COMMISSION ON INTELLIGENCE AND
TECHNOLOGY.
new text end
new text begin Subdivision 1. new text end
new text begin Established. new text end
new text begin
The Legislative Commission on Intelligence and Technology
is created to study and make recommendations on issues relating to the effect of emerging
technology on privacy. The commission has investigatory and oversight jurisdiction over
government surveillance programs and technology, including subpoena power.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
The commission consists of four members of the senate, two
appointed by the majority leader and two appointed by the minority leader, and four members
of the house of representatives, two appointed by the speaker of the house and two appointed
by the minority leader. Each appointing authority must make appointments as soon as
possible after the beginning of the regular legislative session in an odd-numbered year. Each
member of the commission must take an oath, swearing to faithfully discharge the duties
of members of the commission in compliance with the laws governing the commission.
new text end
new text begin Subd. 3. new text end
new text begin Terms; vacancies. new text end
new text begin
Commission member terms begin upon appointment and
end at the beginning of the regular legislative session in the next odd-numbered year. In the
case of a vacancy, the appropriate appointing authority must fill the vacancy for the remainder
of the unexpired term.
new text end
new text begin Subd. 4. new text end
new text begin Officers. new text end
new text begin
The commission must elect a chair and vice-chair and may elect other
officers as the commission determines is necessary. The chair alternates between a member
of the senate and a member of the house of representatives in January of each odd-numbered
year.
new text end
new text begin Subd. 5. new text end
new text begin Staff. new text end
new text begin
Legislative staff must provide administrative and research assistance to
the commission.
new text end
new text begin Subd. 6. new text end
new text begin Meetings; data. new text end
new text begin
Notwithstanding any other laws or legislative rules to the
contrary, the commission may determine that a meeting shall not be open to the public.
Notwithstanding any contrary provision of chapter 13 or other law, the commission may
require a law enforcement official to disclose not public data to the commission, as the
commission determines is necessary for performance of the commission's duties. If data
provided to the commission is disseminated by the commission or its members or agents
in violation of section 13.05, subdivision 4, the commission is subject to liability under
section 13.08, subdivisions 1 and 3. Disclosure of not public data by a member of the
commission is grounds for an ethics complaint to the committee with jurisdiction over ethics
in the chamber in which the member serves.
new text end
new text begin Subd. 7. new text end
new text begin Subpoena power. new text end
new text begin
The chair or vice-chair or a member of the commission
designated by the chair may issue subpoenas requiring the appearance of persons, producing
relevant records, and giving relevant testimony on matters within the jurisdiction of the
commission. The person issuing the subpoena may request the issuance of an attachment
to compel the attendance of a witness who, having been duly subpoenaed to attend, fails to
do so. Section 3.153 applies to issuance of subpoenas under this section, except as otherwise
provided in this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
Appointing authorities must make initial appointments by June 1, 2019. The speaker of the
house must designate one member of the commission to convene the first meeting of the
commission by June 15, 2019.
new text end
Sec. 2.
Minnesota Statutes 2018, section 13.599, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin State Arts Board. new text end
new text begin
Notwithstanding subdivision 3, responses submitted by a
grantee to the State Arts Board or to a regional arts council under chapter 129D become
public data at the public review meeting at which they are considered, except for trade secret
data as defined and classified in section 13.37.
new text end
Sec. 3.
Minnesota Statutes 2018, section 257.56, is amended to read:
257.56 deleted text begin ARTIFICIAL INSEMINATIONdeleted text end new text begin ASSISTED REPRODUCTIONnew text end .
Subdivision 1.
deleted text begin Husbanddeleted text end new text begin Spousenew text end treated as biological deleted text begin fatherdeleted text end new text begin parentnew text end .
If, under the
supervision of a licensed physician and with the consent of her deleted text begin husbanddeleted text end new text begin spousenew text end , a deleted text begin wife is
inseminated artificiallydeleted text end new text begin woman conceives through assisted reproductionnew text end with semen new text begin or ova
or both, new text end donated by a deleted text begin man not her husbanddeleted text end new text begin donor or donors not her spousenew text end , the deleted text begin husbanddeleted text end new text begin
spousenew text end is treated in law as deleted text begin if he were the biological fatherdeleted text end new text begin the parentnew text end of a child thereby
conceived. The deleted text begin husband'sdeleted text end new text begin spouse'snew text end consent must be in writing and signed by deleted text begin him and his
wifedeleted text end new text begin the spouse and the woman conceiving through assisted reproductionnew text end . The consent must
be retained by the physician for at least four years after the confirmation of a pregnancy
that occurs during the process of deleted text begin artificial inseminationdeleted text end new text begin assisted reproductionnew text end .
All papers and records pertaining to the deleted text begin inseminationdeleted text end new text begin assisted reproductionnew text end , whether
part of the permanent record of a court or of a file held by the supervising physician or
elsewhere, are subject to inspection only upon an order of the court for good cause shown.
Subd. 2.
Donor not treated as biological deleted text begin fatherdeleted text end new text begin parentnew text end .
The donor of semen new text begin or ova
new text end provided to a licensed physician for use in deleted text begin artificial insemination ofdeleted text end new text begin assisted reproduction
bynew text end a married woman other than the donor's deleted text begin wifedeleted text end new text begin spousenew text end is treated in law as if deleted text begin he weredeleted text end new text begin the
donor isnew text end not the deleted text begin biological fatherdeleted text end new text begin parentnew text end of a child thereby conceivednew text begin , unless a court finds
satisfactory evidence that the donor and the woman intended for the donor to be a parentnew text end .
Sec. 4.
Minnesota Statutes 2018, section 363A.03, subdivision 43, is amended to read:
Subd. 43.
Sexual harassment.
new text begin (a) new text end "Sexual harassment" includes unwelcome sexual
advances, requests for sexual favors, sexually motivated physical contact or other verbal or
physical conduct or communication of a sexual nature when:
(1) submission to that conduct or communication is made a term or condition, either
explicitly or implicitly, of obtaining employment, public accommodations or public services,
education, or housing;
(2) submission to or rejection of that conduct or communication by an individual is used
as a factor in decisions affecting that individual's employment, public accommodations or
public services, education, or housing; or
(3) that conduct or communication has the purpose or effect of substantially interfering
with an individual's employment, public accommodations or public services, education, or
housing, or creating an intimidating, hostile, or new text begin materially new text end offensive employment, public
accommodations, public services, educational, or housing environment.
new text begin
(b) Paragraph (a), clause (3), does not require the harassing conduct or communication
to be severe or pervasive. Conduct or communication has the purpose or effect of creating
an intimidating, hostile, or materially offensive environment when:
new text end
new text begin
(1) a reasonable person in similar circumstances to the plaintiff would find the
environment intimidating, hostile, or materially offensive; and
new text end
new text begin
(2) the plaintiff found the environment intimidating, hostile, or materially offensive.
new text end
new text begin
The intimidating, hostile, or materially offensive environment must be determined based
on the totality of the circumstances.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to causes
of action arising on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2018, section 363A.35, subdivision 3, is amended to read:
Subd. 3.
Access to closed files.
(a) Except as otherwise provided in this subdivision,
human rights investigative data contained in a closed case file are private data on individuals
or nonpublic data. The name and address of the charging party and respondent, factual basis
of the allegations, the statute under which the action is brought, the part of the summary of
the investigation that does not contain identifying data on a person other than the complainant
or respondent, and the commissioner's memorandum determining whether probable cause
has been shown are public data.
(b) The commissioner may make human rights investigative data contained in a closed
case file inaccessible to the charging party or the respondent in order to protect medical or
other security interests of the parties or third persons.
new text begin
(c) Except for paragraph (b), when the charging party files a case in district court, the
commissioner may provide private data or nonpublic data in a closed case file to the charging
party and respondent.
new text end
Sec. 6.
Minnesota Statutes 2018, section 363A.36, subdivision 1, is amended to read:
Subdivision 1.
Scope of application.
(a) deleted text begin For all contracts for goods and services in
excess of $100,000, no department or agency of the state shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the
commissioner is in receipt of the business' affirmative action plan for the employment of
minority persons, women, and qualified disabled individuals. No department or agency of
the state shall execute any such contract or agreement until the affirmative action plan has
been approved by the commissioner. Receipt of a certificate of compliance issued by the
commissioner shall signify that a firm or business has an affirmative action plan that has
been approved by the commissioner. A certificate shall be valid for a period of four years.deleted text end new text begin
A department, an agency of the state, the Metropolitan Council, an agency subject to section
473.143, subdivision 1, or a public officer or agency subject to section 16A.695 shall not
execute a contract for goods or services in excess of $100,000 with a business that has 40
or more full-time employees in this state or a state where the business has its primary place
of business on a single day during the prior 12 months, unless the business has a workforce
certificate, as created in sections 363A.36 and 363A.37, from the commissioner of human
rights or has certified in writing that it is exempt. Determinations of exempt status shall be
made by the commissioner of human rights. A certificate is valid for four years.new text end A
municipality as defined in section 466.01, subdivision 1, that receives state money for any
reason is encouraged to prepare and implement an affirmative action plan for the employment
of deleted text begin minority persons,deleted text end new text begin people with disabilities, people of color, andnew text end women, deleted text begin and the qualified
disableddeleted text end andnew text begin tonew text end submit the plan to the commissioner.
deleted text begin
(b) This paragraph applies to a contract for goods or services in excess of $100,000 to
be entered into between a department or agency of the state and a business that is not subject
to paragraph (a), but that has more than 40 full-time employees on a single working day
deleted text end
deleted text begin
during the previous 12 months in the state where the business has its primary place of
business. A department or agency of the state may not execute a contract or agreement with
a business covered by this paragraph unless the business has a certificate of compliance
issued by the commissioner under paragraph (a) or the business certifies that it is in
compliance with federal affirmative action requirements.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 356.645.
deleted text begin (d)deleted text end new text begin (c)new text end The commissioner shall issue a certificate of compliance or notice of denial within
15 days of the application submitted by the business or firm.
Sec. 7.
Minnesota Statutes 2018, section 363A.36, subdivision 4, is amended to read:
Subd. 4.
Revocation of contract.
A contract awarded by a department or agency of the
statenew text begin , the Metropolitan Council, an agency subject to section 473.143, subdivision 1, or a
public officer or agency subject to section 16A.695,new text end may be terminated or abridged by the
department or agencynew text begin , the Metropolitan Council, an agency subject to section 473.143,
subdivision 1, or a public officer or agency subject to section 16A.695,new text end because of suspension
or revocation of a certificate based upon a contractor's failure to implement or make a good
faith effort to implement an affirmative action plan approved by the commissioner under
this section. If a contract is awarded to a person who does not have a contract compliance
certificate required under subdivision 1, the commissioner may void the contract on behalf
of the state.
Sec. 8.
Minnesota Statutes 2018, section 363A.36, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Access to data. new text end
new text begin
Data created, collected, and maintained by the commissioner
for a business to receive and retain a certificate of compliance under this section is private
data or nonpublic data. Applications, forms, or similar documents submitted by a business
seeking a certificate of compliance is public data. A letter that states the commissioner's
decision to issue, not issue, revoke, or suspend a certificate of compliance is public data.
new text end
Sec. 9.
Minnesota Statutes 2018, section 363A.44, subdivision 1, is amended to read:
Subdivision 1.
Scope.
(a) deleted text begin Nodeleted text end new text begin Anew text end department, new text begin an new text end agency of the state, the Metropolitan
Council, deleted text begin ordeleted text end an agency subject to section 473.143, subdivision 1, new text begin or a public officer or agency
subject to section 16A.695 new text end shall new text begin not new text end execute a contract for goods or services or an agreement
for goods or services in excess of $500,000 with a business that has 40 or more full-time
employees in this state or a state where the business has its primary place of business on a
single day during the prior 12 months, unless the business has an equal pay certificate or it
has certified in writing that it is exempt. A certificate is valid for four years.
(b) This section does not apply to a business with respect to a specific contract if the
commissioner of administration determines that application of this section would cause
undue hardship to the contracting entity. This section does not apply to a contract to provide
goods and services to individuals under chapters 43A, 62A, 62C, 62D, 62E, 256B, 256I,
256L, and 268A, with a business that has a license, certification, registration, provider
agreement, or provider enrollment contract that is prerequisite to providing those goods and
services. This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 352.965, subdivision 4.
Sec. 10.
Minnesota Statutes 2018, section 517.02, is amended to read:
517.02 PERSONS CAPABLE OF CONTRACTING.
deleted text begin Everydeleted text end new text begin Anew text end person who has attained the full age of 18 years is capable in law of contracting
into a civil marriage, if otherwise competent. deleted text begin A person of the full age of 16 years may, with
the consent of the person's legal custodial parents, guardian, or the court, as provided in
section 517.08, receive a license to marry, when, after a careful inquiry into the facts and
the surrounding circumstances, the person's application for a license and consent for civil
marriage of a minor form is approved by the judge of the district court of the county in
which the person resides. If the judge of the district court of the county in which the person
resides is absent from the county and has not by order assigned another judge or a retired
judge to act in the judge's stead, then the court commissioner or any judge of district court
of the county may approve the application for a license.
deleted text end
deleted text begin
The consent for civil marriage of a minor must be in the following form:
deleted text end
deleted text begin
STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
deleted text end
deleted text begin
I/We ........................... (insert legal custodial parent or guardian names) under oath or
affirmation say:
deleted text end
deleted text begin
That I/we are the legal custodial parent(s) or guardian of ........................... (insert name
of minor), who was born at ........................... (insert place of birth) on ...........................
(insert date of birth) who is presently the age of ....... (insert age).
deleted text end
deleted text begin
That the minor has not been previously married.
deleted text end
deleted text begin
That I/we consent to the civil marriage of this minor to ........................... (insert name
of the person minor intends to marry) who is of the age of ....... (insert age).
deleted text end
deleted text begin
That affidavit is being made for the purpose of requesting the judge's consent to allow
this minor to marry and make this civil marriage legal.
deleted text end
deleted text begin
Date: .............................
deleted text end
deleted text begin
.....................................................................................................
deleted text end
deleted text begin
.....................................................................................................
deleted text end
deleted text begin
(Signature of legal custodial parents or guardian)
deleted text end
deleted text begin
Sworn to or affirmed and acknowledged before me on this ....... day of .................... .
deleted text end
deleted text begin
..........................................
deleted text end
deleted text begin
NOTARY PUBLIC
deleted text end
deleted text begin
STATE OF MINNESOTA, COUNTY OF .................... (insert county name).
deleted text end
deleted text begin
The undersigned is the judge of the district court where the minor resides and grants the
request for the minor to marry.
deleted text end
deleted text begin
................................ (judge of district court)
deleted text end
deleted text begin
................................ (date).
deleted text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective August 1, 2019, and
applies to marriages entered into on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2018, section 517.03, subdivision 1, is amended to read:
Subdivision 1.
General.
new text begin (a)new text end The following civil marriages are prohibited:
(1) a civil marriage entered into before the dissolution of an earlier civil marriage of one
of the parties becomes final, as provided in section 518.145 or by the law of the jurisdiction
where the dissolution was granted;
(2) a civil marriage between an ancestor and a descendant, or between siblings, whether
the relationship is by the half or the whole blood or by adoption; deleted text begin and
deleted text end
(3) a civil marriage between an uncle or aunt and a niece or nephew, or between first
cousins, whether the relationship is by the half or the whole blood, except as to civil marriages
permitted by the established customs of aboriginal culturesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) a civil marriage entered into between persons when both have not attained the full
age of 18 years.
new text end
new text begin
(b) A civil marriage prohibited under paragraph (a), clause (4), that is recognized by
another state or foreign jurisdiction under common law or statute is void and against the
public policy of this state unless neither party was a resident of this state at the time the
marriage was entered into.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective August 1, 2019, and
applies to marriages entered into on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2018, section 517.08, subdivision 1a, is amended to read:
Subd. 1a.
Form.
Application for a civil marriage license shall be made by both of the
parties upon a form provided for the purpose and shall contain the following information:
(1) the full names of the parties and the sex of each party;
(2) their post office addresses and county and state of residence;
(3) their full ages;
(4) if either party has previously been married, the party's married name, and the date,
place and court in which the civil marriage was dissolved or annulled or the date and place
of death of the former spouse;
deleted text begin
(5) if either party is a minor, the name and address of the minor's parents or guardian;
deleted text end
deleted text begin (6)deleted text end new text begin (5) new text end whether the parties are related to each other, and, if so, their relationship;
deleted text begin (7)deleted text end new text begin (6) new text end the address of the parties after the civil marriage is entered into to which the local
registrar shall send a certified copy of the civil marriage certificate;
deleted text begin (8)deleted text end new text begin (7) new text end the full names the parties will have after the civil marriage is entered into and
the parties' Social Security numbers. The Social Security numbers must be collected for the
application but must not appear on the civil marriage license. If a party listed on a civil
marriage application does not have a Social Security number, the party must certify on the
application, or a supplement to the application, that the party does not have a Social Security
number;
deleted text begin (9)deleted text end new text begin (8) new text end if one or both of the parties to the civil marriage license has a felony conviction
under Minnesota law or the law of another state or federal jurisdiction, the parties shall
provide to the county proof of service upon the prosecuting authority and, if applicable, the
attorney general, as required by section 259.13; and
deleted text begin (10)deleted text end new text begin (9) new text end notice that a party who has a felony conviction under Minnesota law or the law
of another state or federal jurisdiction may not use a different name after a civil marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective August 1, 2019, and
applies to applications submitted to the local registrar on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2018, section 517.08, subdivision 1b, is amended to read:
Subd. 1b.
Term of license; fee; premarital education.
(a) The local registrar shall
examine upon oath the parties applying for a license relative to the legality of the
contemplated civil marriage. new text begin Both parties must present proof of age to the local registrar.
new text end If one party is unable to appear in person, the party appearing may complete the absent
applicant's information. The local registrar shall provide a copy of the civil marriage
application to the party who is unable to appear, who must verify the accuracy of the
appearing party's information in a notarized statement. new text begin The verification statement must be
accompanied by a copy of proof of age of the party. new text end The civil marriage license must not be
released until the verification statement new text begin and proof of age new text end has been received by the local
registrar. If the local registrar is satisfied that there is no legal impediment to it, including
the restriction contained in section 259.13, the local registrar shall issue the license,
containing the full names of the parties before and after the civil marriage, and county and
state of residence, with the county seal attached, and make a record of the date of issuance.
The license shall be valid for a period of six months. Except as provided in paragraph (b),
the local registrar shall collect from the applicant a fee of $115 for administering the oath,
issuing, recording, and filing all papers required, and preparing and transmitting to the state
registrar of vital records the reports of civil marriage required by this section. If the license
should not be used within the period of six months due to illness or other extenuating
circumstances, it may be surrendered to the local registrar for cancellation, and in that case
a new license shall issue upon request of the parties of the original license without fee. A
local registrar who knowingly issues or signs a civil marriage license in any manner other
than as provided in this section shall pay to the parties aggrieved an amount not to exceed
$1,000.
(b) The civil marriage license fee for parties who have completed at least 12 hours of
premarital education is $40. In order to qualify for the reduced license fee, the parties must
submit at the time of applying for the civil marriage license a statement that is signed, dated,
and notarized or marked with a church seal from the person who provided the premarital
education on their letterhead confirming that it was received. The premarital education must
be provided by a licensed or ordained minister or the minister's designee, a person authorized
to solemnize civil marriages under section 517.18, or a person authorized to practice marriage
and family therapy under section 148B.33. The education must include the use of a premarital
inventory and the teaching of communication and conflict management skills.
(c) The statement from the person who provided the premarital education under paragraph
(b) must be in the following form:
"I, .......................... (name of educator), confirm that .......................... (names of both
parties) received at least 12 hours of premarital education that included the use of a premarital
inventory and the teaching of communication and conflict management skills. I am a licensed
or ordained minister, a person authorized to solemnize civil marriages under Minnesota
Statutes, section 517.18, or a person licensed to practice marriage and family therapy under
Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be identical to the legal names
of the parties as they appear in the civil marriage license application. Notwithstanding
section 138.17, the educator's statement must be retained for seven years, after which time
it may be destroyed.
(d) If section 259.13 applies to the request for a civil marriage license, the local registrar
shall grant the civil marriage license without the requested name change. Alternatively, the
local registrar may delay the granting of the civil marriage license until the party with the
conviction:
(1) certifies under oath that 30 days have passed since service of the notice for a name
change upon the prosecuting authority and, if applicable, the attorney general and no
objection has been filed under section 259.13; or
(2) provides a certified copy of the court order granting it. The parties seeking the civil
marriage license shall have the right to choose to have the license granted without the name
change or to delay its granting pending further action on the name change request.
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective August 1, 2019, and
applies to applications submitted to the local registrar on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2018, section 517.08, is amended by adding a subdivision to
read:
new text begin Subd. 1d. new text end
new text begin Proof of age. new text end
new text begin
For purposes of this section, proof of age of a party may be
established in the form of:
new text end
new text begin
(1) an original or certified copy of a birth certificate or birth record;
new text end
new text begin
(2) a driver's license or other identification card issued by a government entity or school;
or
new text end
new text begin
(3) a school record, immigration record, naturalization record, court record, or other
document or record issued by a government entity that contains the date of birth of a party.
new text end
ARTICLE 21
COOPERATIVE PRIVATE DIVORCE PROGRAM
Section 1.
Minnesota Statutes 2018, section 62A.21, subdivision 2a, is amended to read:
Subd. 2a.
Continuation privilege.
Every policy described in subdivision 1 shall contain
a provision which permits continuation of coverage under the policy for the insured's
dependent children, which is defined as required by section 62A.302, and former spouse,
who was covered on the day before the entry of a valid decree of dissolution of marriagenew text begin
or a certificate of marital dissolutionnew text end . The coverage shall be continued until the earlier of
the following dates:
deleted text begin (a)deleted text end new text begin (1)new text end the date the insured's former spouse becomes covered under any other group
health plan; or
deleted text begin (b)deleted text end new text begin (2)new text end the date coverage would otherwise terminate under the policy.
If the coverage is provided under a group policy, any required premium contributions
for the coverage shall be paid by the insured on a monthly basis to the group policyholder
for remittance to the insurer. The policy must require the group policyholder to, upon request,
provide the insured with written verification from the insurer of the cost of this coverage
promptly at the time of eligibility for this coverage and at any time during the continuation
period. In no event shall the amount of premium charged exceed 102 percent of the cost to
the plan for such period of coverage for other similarly situated spouses and dependent
children with respect to whom the marital relationship has not dissolved, without regard to
whether such cost is paid by the employer or employee.
Upon request by the insured's former spouse, who was covered on the day before the
entry of a valid decree of dissolution, or dependent child, a health carrier must provide the
instructions necessary to enable the child or former spouse to elect continuation of coverage.
Sec. 2.
Minnesota Statutes 2018, section 518.191, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin
Summary real estate disposition judgment following certificate of marital
dissolution.
new text end
new text begin
A summary real estate disposition judgment may also be obtained after a
certificate of marital dissolution is issued in accordance with section 518.80, subdivision
5. Upon the filing of the certificate the district court administrator may provide to a participant
upon request certified copies of a summary real estate disposition judgment submitted by
the participants that contains the following information:
new text end
new text begin
(1) the dates of the participants' marriage and of the issuance of the certificate of marital
dissolution;
new text end
new text begin
(2) the legal description of each parcel of real estate;
new text end
new text begin
(3) the name or names of the persons awarded an interest in each parcel of real estate
and a description of the interest awarded;
new text end
new text begin
(4) liens, mortgages, encumbrances, or other interests in the real estate described in the
declaration of divorce; and
new text end
new text begin
(5) triggering or contingent events set forth in the declaration of divorce affecting the
disposition of each parcel of real estate.
new text end
Sec. 3.
Minnesota Statutes 2018, section 518.195, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin
Issuance of qualified domestic relations order following certificate of marital
dissolution.
new text end
new text begin
A certificate of marital dissolution issued in accordance with section 518.80,
subdivision 5, may be filed with the district court administrator. Upon the filing of the
certificate, the district court administrator may enter a decree of dissolution and may issue
a qualified domestic relations order submitted by the participants and approved by the
retirement plan administrator for the assignment of an interest in a retirement plan as provided
in the declaration of divorce.
new text end
Sec. 4.
new text begin
[518.80] COOPERATIVE PRIVATE DIVORCE PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Commissioner. new text end
new text begin
For purposes of this section, "commissioner" means the
commissioner of the Bureau of Mediation Services.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner shall establish a cooperative private divorce
program as provided in this section.
new text end
new text begin Subd. 3. new text end
new text begin Requirements. new text end
new text begin
The cooperative private divorce program must, at a minimum:
new text end
new text begin
(1) be made available on the Bureau of Mediation Services website;
new text end
new text begin
(2) make available to the participants of the program the notices and instructions provided
under subdivisions 9 and 10 and section 518.82;
new text end
new text begin
(3) allow participants of the program to electronically complete and submit to the
commissioner an intent to divorce and a declaration of divorce as provided under subdivision
11;
new text end
new text begin
(4) require a separate unique login and password for each participant to access the
program;
new text end
new text begin
(5) provide a notification system that automatically contacts one participant when the
other participant accesses the program;
new text end
new text begin
(6) provide a list of supportive services and service providers that may be helpful to
participants;
new text end
new text begin
(7) provide a method to authenticate the identities of the signatories of the forms required
under subdivision 11;
new text end
new text begin
(8) employ security measures to protect the confidentiality and personal information of
the participants submitting information through the program; and
new text end
new text begin
(9) encrypt all data sent and received through the program website.
new text end
new text begin Subd. 4. new text end
new text begin Residency requirement. new text end
new text begin
Married participants seeking dissolution under this
section qualify for the cooperative private divorce program if the residency requirements
under section 518.07 have been met by the participants.
new text end
new text begin Subd. 5. new text end
new text begin Procedure. new text end
new text begin
(a) Notwithstanding any law to the contrary, married participants
who meet the criteria under subdivision 4 may dissolve their marital status through the
cooperative private divorce program made available on the Bureau of Mediation Services
website by:
new text end
new text begin
(1) signing and submitting the intent to divorce under subdivision 11; and
new text end
new text begin
(2) completing, signing, and submitting the declaration of divorce under subdivision 11
at least 90 days after but not more than two years after the intent to divorce was submitted
by both participants.
new text end
new text begin
(b) Upon receipt of the completed declaration of divorce, the commissioner shall issue
a certificate of marital dissolution that includes the following information:
new text end
new text begin
(1) the name and any prior names of the two participants to the cooperative private
divorce dissolution;
new text end
new text begin
(2) the name of any living minor or dependent children of the participants;
new text end
new text begin
(3) that the marriage of the participants is dissolved and the date of the dissolution; and
new text end
new text begin
(4) the Social Security numbers of the participants and any living minor or dependent
children of the participants.
new text end
new text begin
(c) A certificate of marital dissolution issued under this section completely dissolves
the marital status of the participants.
new text end
new text begin
(d) Upon receipt of a declaration of divorce, the commissioner shall issue a certificate
of marital dissolution that is accessible to each participant through the online cooperative
private divorce program. The certificate of marital dissolution is conclusive evidence of the
divorce.
new text end
new text begin
(e) The commissioner shall maintain a public registry containing the following:
new text end
new text begin
(1) the name and any prior names of any participant of the cooperative private divorce
program;
new text end
new text begin
(2) the name of any living minor or dependent children of a participant; and
new text end
new text begin
(3) that the marriage of the participants is dissolved and the date of the dissolution.
new text end
new text begin
(f) Before the commissioner issues a certificate of marital dissolution to married
participants who are parents of minor children, the married participants must attend a
four-hour parent education program as required under section 518.81.
new text end
new text begin Subd. 6. new text end
new text begin Certain agreements. new text end
new text begin
(a) Any agreement made by the participants as part of
the declaration of divorce that allocates expenses for their child or children is an enforceable
contract between the participants under section 518.1705.
new text end
new text begin
(b) It is the intent of this paragraph that agreements recorded in a declaration of divorce
shall be deemed to be a decree of divorce wherever a decree of divorce is referred to in the
Internal Revenue Code, and agreements between the participants in a declaration of divorce
regarding alimony or maintenance shall be deemed to be a divorce or separation agreement
for purposes of deductibility under the Internal Revenue Code.
new text end
new text begin
(c) Any issue that is not specifically addressed by the participants in the declaration of
divorce agreement is considered to be reserved for future agreement by the participants or
de novo review by the court.
new text end
new text begin Subd. 7. new text end
new text begin Modification. new text end
new text begin
Any agreement made by the participants in their declaration of
divorce may be modified at any time after a declaration of divorce agreement is submitted
to the commissioner through the cooperative private divorce program, but prior to the parties
modifying or vacating an agreement under subdivision 8, if both participants agree to the
amendment and submit an amended declaration of divorce.
new text end
new text begin Subd. 8. new text end
new text begin Court involvement. new text end
new text begin
(a) At any time prior to the submission of a declaration
of divorce, participants in a cooperative private divorce may initiate an action for marriage
dissolution under this chapter in district court. Any action under this chapter pending in
district court must be resolved or dismissed before participants may submit a declaration
of divorce.
new text end
new text begin
(b) Cooperative private divorce agreements contained in a declaration of divorce may
be enforced, modified, or vacated by the district court, or the court may address issues that
were reserved by the participants according to the provisions of this chapter. Review of a
cooperative private divorce agreement under paragraph (e) in district court are de novo and
determined by existing statute.
new text end
new text begin
(c) Upon the filing of a certificate of marital dissolution by the participants, the court
administrator shall enter a decree of dissolution as provided in section 518.195 without
necessity of court approval or a judgment and decree and without regard to the criteria or
procedures in section 518.195, subdivisions 1 and 2.
new text end
new text begin
(d) By executing a declaration of divorce with the Bureau of Mediation Services that
may be filed with the court, each participant consents to the continuing personal jurisdiction
of the Minnesota courts as to all matters related to the declaration of divorce.
new text end
new text begin
(e) A participant in a cooperative private divorce may by petition initiate an action in
district court to:
new text end
new text begin
(1) enforce, modify, or vacate the declaration of divorce;
new text end
new text begin
(2) petition the court to address any issue reserved by the participants;
new text end
new text begin
(3) obtain a summary real estate disposition judgment;
new text end
new text begin
(4) obtain a qualified domestic relations order; or
new text end
new text begin
(5) obtain a court decree of dissolution when necessary to comply with state or federal
law involving interstate enforcement of the participants' divorce.
new text end
new text begin
A participant initiating an action under this paragraph must, by personal service, provide
to the other participant notice of filing the certificate of marital dissolution with the district
court together with any motion for relief. Any subsequent court action related to the certificate
of marital dissolution may be initiated by notice of motion and motion. An action initiated
under this paragraph shall be venued in a county located in this state where either participant
was residing at the time the certificate of marital dissolution was issued by the Bureau of
Mediation Services. Matters reviewed by the court under this section are reviewed by the
court de novo and governed by this chapter, chapter 518A, and other applicable laws. The
filing fee for any action under this paragraph is $315. For a motion to vacate the declaration
of divorce under section 518.145, the one-year period of limitation begins on the date of
the participants' dissolution, which is the date of the certificate of marital dissolution in
subdivision 5, paragraph (d).
new text end
new text begin Subd. 9. new text end
new text begin Notices; introduction to private divorce; form. new text end
new text begin
The commissioner shall make
available the following form for use in the cooperative private divorce program:
new text end
new text begin
NOTICE: Introduction to Cooperative Private Divorce
new text end
new text begin
You are considering obtaining a Cooperative Private Divorce rather than going to court
to get divorced. Cooperative Private Divorce is a simplified procedure for couples who want
to avoid the expense, emotional strain, and arbitrary time frames that often accompany
adversarial court proceedings. To obtain a Cooperative Private Divorce you will need to
reach an agreement with your spouse about the issues in your divorce. Many public and
private services are available to help you.
new text end
new text begin
The Cooperative Private Divorce process is based on the assumption that most people
have the capacity to divorce with respect and fairness if they are supported in that direction.
To that end, a Cooperative Private Divorce differs in two important ways from a court
divorce. First, the two of you have total control over your divorce and no one will oversee
or scrutinize the decisions you make. Second, it is a completely private process.
new text end
new text begin
This leaves you with a great deal of flexibility. After you have educated yourself, you
can choose how detailed or simple to make your divorce decisions, and whether to postpone
some decisions to a later time. You can also create your own understanding of fairness
unique to your own situation.
new text end
new text begin
These special features of a Cooperative Private Divorce, eliminating the anxiety of
someone else having control over your family, and lessening the pressure to resolve
everything all at once during a very stressful time are intended to replace conflict with your
spouse by creating a healthy transition for you and your family. You are encouraged to view
each other as partners in creating the best solution for you and your family in parenting and
financial matters.
new text end
new text begin
Basic Principles
new text end
new text begin
Cooperative Private Divorce is not for everyone. Because of the need to create a fair
and healthy plan without coercion or oversight, it is intended for couples who can work
together in good faith for the best interests of everyone in the family.
new text end
new text begin
Here are the six principles underlying Cooperative Private Divorce. If you and your
spouse believe you can fashion your divorce according to these principles, then a Cooperative
Private Divorce may be the best procedure for you.
new text end
new text begin
1. The preventing unnecessary divorce principle: You have reached a decision to initiate
a divorce only after exhausting other options to solve your problems within your marriage,
particularly if you have children.
new text end
new text begin
2. The healthy relationships principle: If you have children, your parenting plan promotes
safe, nurturing, and stable relationships among the children and with both of their parents.
new text end
new text begin
3. The maximum parent involvement principle: Your parenting plan promotes high
levels of involvement of both parents with the children when that is feasible and consistent
with the needs of the children.
new text end
new text begin
4. The equity principle: Your financial plan promotes equitable and sustainable lifestyles
for all family members in light of the unique circumstances of your marriage and family.
new text end
new text begin
5. The flexibility principle: Your divorce agreements take into account both the value
of having stable arrangements and the likelihood that the needs and circumstances of
your family will change over time.
new text end
new text begin
6. The optimal timing principle: You create partial or comprehensive agreements with
the timing and sequence that work best for you and your family.
new text end
new text begin
Two Cautions
new text end
new text begin
First, if you feel pressured or intimidated by your spouse to use this process or to agree
to specific matters in your divorce, or if you have doubts generally about your spouse's
willingness to reach agreements that are best for everyone in your family, consider getting
professional assistance before going further.
new text end
new text begin
Second, the flexibility of a Cooperative Private Divorce also leaves you with an important
responsibility. Some couples have relatively simple issues to address in their divorce. But
some couples have more complex financial and parenting matters to resolve. Financial
matters are often more complex if you are self-employed or a business owner. If you do not
consider such matters carefully, you may face problems such as having agreements that do
not work over time or that are not enforceable. You are responsible to educate yourself
about the issues in your divorce and to obtain professional assistance if you need it.
new text end
new text begin
Professional and Community Resources
new text end
new text begin
To begin with, recognize that going ahead with a divorce is a significant decision,
especially if you have children. Many research studies have shown that divorce can have
an adverse effect on children. If you want help to make sure you are making the right decision
for you and your family, you can make use of services available in local communities.
new text end
new text begin
If you have made the decision to go ahead with the divorce, you may choose to work
with an advocate or with a facilitator who can guide you and your spouse in cooperative
processes that focus on your interests and needs and what will work for your family. You
may want to consult with an adviser on parenting or financial issues. From private sources
you can obtain sample agreements that may help you frame all of the issues you will likely
encounter. Although divorce can seem complex and difficult, these resources and professional
services can help make it easier for you and your spouse to reach an agreement.
new text end
new text begin
The Bureau of Mediation Services serves as a clearinghouse for information about the
types of resources available. It can also provide information about services that are offered
for free or on a sliding fee.
new text end
new text begin Subd. 10. new text end
new text begin Instructions; form. new text end
new text begin
The commissioner shall make available the following
form for use in the cooperative private divorce program:
new text end
new text begin
Instructions for Cooperative Private Divorce
new text end
new text begin
1. Both spouses obtain unique identifiers from the Bureau of Mediation Services.
new text end
new text begin
2. Both spouses sign and submit the INTENT TO DIVORCE form with their unique
identifiers to register with the Bureau of Mediation Services.
new text end
new text begin
3. At any time at least 90 days after but not more than two years after submitting the INTENT
TO DIVORCE form, submit the Declaration of Divorce form signed by both spouses.
new text end
new text begin
4. Upon submitting the Declaration of Divorce form, both spouses will receive a certification
that your marriage is dissolved.
new text end
new text begin
5. Most complete divorce agreements address the issues set forth in the Declaration of
Divorce form. It is up to you whether you want to record agreements in all or any of these
areas. But recognize that if your agreements are vague or incomplete or if you do not record
your agreements, it may be difficult for you to recall them, live up to your obligations, or
later ask a court to enforce an agreement. Use attachments if you want to record agreements
that are longer than space here permits. No one will review or approve the agreements you
set forth here before your divorce is certified. They are for your use only.
new text end
new text begin
6. At any time, either spouse can retrieve the Declaration of Divorce form containing your
agreements by providing your unique identifier. No one except you and your spouse will
have access to this form.
new text end
new text begin
7. At any time, you and your former spouse can retrieve the Declaration of Divorce form,
make additions or modifications that you both agree to, and resubmit it.
new text end
new text begin
8. If you want to modify your previous agreements but you and your former spouse cannot
agree on the modifications, or if you want to seek enforcement of a previous agreement,
you are encouraged to seek assistance from professionals in the community who specialize
in helping former spouses reach fair agreements. You also have the option of going to court
to submit your Declaration of Divorce form.
new text end
new text begin
9. Remember that by creating a smooth family transition now and working on issues that
may arise in the future, developing a trustworthy working relationship with your spouse
will be just as helpful as written agreements.
new text end
new text begin Subd. 11. new text end
new text begin Intent to divorce; declaration of divorce; form. new text end
new text begin
The commissioner shall
make available the following form for use in the cooperative private divorce program:
new text end
new text begin
Intent to Divorce
new text end
new text begin
We hereby declare that we are legally married, have both been residents of Minnesota
for at least 180 days, and intend to divorce. We understand that our divorce will be certified
if we submit the Declaration of Divorce form signed by both spouses at least 90 days after
but not more than two years after the date this INTENT TO DIVORCE form is submitted.
new text end
|
new text begin
Date and place of marriage: new text end |
new text begin
.
new text end |
|
|
new text begin
Signature, date: new text end |
new text begin
.
new text end |
|
|
new text begin
E-mail address: new text end |
new text begin
.
new text end |
|
|
new text begin
Social Security number: new text end |
new text begin
.
new text end |
|
|
new text begin
Signature, date: new text end |
new text begin
.
new text end |
|
|
new text begin
E-mail address: new text end |
new text begin
.
new text end |
|
|
new text begin
Social Security number: new text end |
new text begin
.
new text end |
|
new text begin
Declaration of Divorce new text end |
|
new text begin
Facts new text end |
|
new text begin
1. We agree that the following is a list of all our assets and their approximate value: new text end |
|
new text begin
2. We agree that the following is a list of all our debts: new text end |
|
new text begin
3. Spouse A name, previous name(s) if any, and yearly income, including any bonuses: new text end |
|
new text begin
4. Spouse B name, previous name(s) if any, and yearly income, including any bonuses: new text end |
|
new text begin
5. The names, dates of birth, and Social Security numbers of our minor or dependent children covered by this agreement are: new text end |
new text begin
Agreements
new text end
new text begin
1. We agree to the following plan for parenting our child or children together after the
divorce. If our plan is temporary, we agree to the following process for updating it. (A
comprehensive plan would include: (a) how you will make important decisions like those
about school, health care, and religion; (b) how you will allocate your time with the children
during the school year, summer, holidays, and vacations to provide a nurturing environment
and rich relationships with both of you; and (c) how you will communicate with each other
and work out differences of opinion.)
new text end
new text begin
2. We agree to the following plan for sharing the expenses of raising our child or children.
new text end
new text begin
Guideline Child Support
new text end
new text begin
The guideline child support for our child(ren) is $........ We agree that ............... will pay
the guideline child support amount.
new text end
new text begin
(The Minnesota Child Support guidelines calculator can be accessed at ...............)
new text end
new text begin
Attach the guidelines printout.
new text end
new text begin
Non-Guideline Child Support
new text end
new text begin
We agree to deviate from the guideline child support amount after considering the
following factors that support deviation (Make a check or "X" on all that apply):
new text end
|
new text begin
.... new text end |
new text begin
each of our earnings, income, circumstances, and resources, including our real and personal property, but excluding income from excess employment of the obligor or obligee that meets the criteria of Minnesota Statutes, section 518A.29, paragraph (b); new text end |
|
|
new text begin
.... new text end |
new text begin
the extraordinary financial needs and resources, physical and emotional condition, and educational needs of our child(ren) to be supported; new text end |
|
|
new text begin
.... new text end |
new text begin
the standard of living our child would enjoy if we were currently living together, but recognizing that we now have separate households; new text end |
|
|
new text begin
.... new text end |
new text begin
whether our child resides for more than one year in a foreign country that has a substantially higher or lower cost of living than this country; new text end |
|
|
new text begin
.... new text end |
new text begin
the income taxation dependency exemption and the financial benefit that one of us receives from it; new text end |
|
|
new text begin
.... new text end |
new text begin
our agreed-upon plan for paying off our debts under paragraph 4; new text end |
|
|
new text begin
.... new text end |
new text begin
the obligor's total payments for court-ordered child support exceed the limitations set forth in Minnesota Statutes, section 571.922; new text end |
|
|
new text begin
.... new text end |
new text begin
an allocation of the expenses of our children that enables us to maintain a suitable place for our children, taking into account our current standard of living; new text end |
|
|
new text begin
.... new text end |
new text begin
the following factor: ............... new text end |
new text begin
Make a check or "X" on one of the following:
new text end
|
new text begin
.... new text end |
new text begin
Because of the factor(s) we have checked above, we agree that ............... will pay $....... in child support on the ............... of each month; new text end |
|
|
new text begin
.... new text end |
new text begin
We will be sharing the following children's expenses: (list items) with ............... paying ... percent and ............... paying ... percent; or new text end |
|
|
new text begin
.... new text end |
new text begin
We agree that no child support will be exchanged between us, as we are each paying the children's expenses directly. new text end |
new text begin
Make a check or "X" on all that apply:
new text end
|
new text begin
.... new text end |
new text begin
We agree to modify the amount of child support from time to time as our circumstances may change. new text end |
|
|
new text begin
.... new text end |
new text begin
We agree to a biennial adjustment in the amount of child support to be paid based on cost-of-living changes using a cost-of-living index published by the Department of Labor. new text end |
new text begin
(If either parent is receiving public assistance, the county attorney must approve this
agreement or it is not enforceable. The county attorney may ask the court to modify any
child support agreement you make if a minor or dependent child receives or begins to receive
public assistance.)
new text end
new text begin
Caution
new text end
new text begin
If your former spouse does not pay you the child support agreed upon in the declaration
of divorce, you should act promptly to address the matter because if you decide to go to
court, the court may not order the payment of arrears.
new text end
new text begin
3. We agree to the following plan for providing health insurance for our children.
new text end
new text begin
4. We agree to the following plan for paying off our debts. (This agreement will not change
your obligations to any creditor. It is simply an agreement between the two of you about
who will be paying a debt.)
new text end
new text begin
5. We agree to the following plan for dividing our property and assets. (If an allocation of
assets or debts, or both, deviates from a nearly equal division, provide the reasons for the
allocation. Educate yourself about the difference between marital and nonmarital property.)
new text end
new text begin
a. Real estate (Include who will pay any mortgages or agreements to refinance a mortgage,
and make provisions for recording necessary documents with the county recorder. This
declaration of divorce does not transfer an interest in real estate. To transfer interest in
real estate, you must prepare a quitclaim deed or a summary real estate disposition
judgment for the court administrator, either of which you would need to file with the
county recorder. It is advisable to seek professional assistance about this process.)
new text end
new text begin
b. Personal property, such as household furnishings, vehicles, and other objects you
own.
new text end
new text begin
c. Financial assets, such as retirements, investments, stock, bank accounts, and business
interests. (This declaration of divorce has no effect on the division of a retirement account
or pension plan unless the account or plan receives proper instructions. Many retirement
assets cannot be divided unless they receive a qualified domestic relations order from a
court. Often a draft of such an order is approved by the pension plan administrator before
it is submitted to the court. It is advisable to seek professional assistance about this
process.)
new text end
new text begin
6. We agree to the following schedule of payments for spousal support (alimony) which
ends upon the death of either of us or the remarriage of the payee spouse. (If there is a large
difference in your incomes and you agree to a minimal amount or no amount of spousal
support, provide the reasons for the spousal support agreement. For purposes of federal tax
deductibility, this agreement is deemed to be a divorce or separation instrument. Be aware
that, upon motion, a court has the authority to modify the amount of spousal support you
agree on here at any time during the time period in which spousal support is being paid.)
new text end
new text begin
7. We agree to the following plan to maintain health insurance coverage for both spouses.
(If one spouse is interested in continuing health insurance coverage under the other spouse's
employer-provided policy, certain laws apply, including a requirement that an election must
be made and submitted to the other spouse's employer and health insurance carrier within
60 days of your divorce.)
new text end
new text begin
8. We agree to the following plan for paying any past joint tax liability or future tax liability,
or both, and we agree to the following plan for who will claim the child or dependency
exemptions or credits for our child or children.
new text end
new text begin
9. We have reached the following additional agreements which we wish to record.
new text end
new text begin
(You may not use the cooperative private divorce program to legally change a name. A
name can be changed only by a court.)
new text end
new text begin
Dissolution
new text end
new text begin
We hereby agree to the dissolution of our marriage according to the preceding terms.
We hereby warrant that we have made complete disclosure to each other of all information
and documents that are important to these agreements, and that the list of assets and debts
contained in paragraph (1) are complete and accurate and there are no open court cases
involving these issues.
new text end
|
new text begin
Signature, date: new text end |
new text begin
.
new text end |
|
new text begin
Signature, date: new text end |
new text begin
.
new text end |
new text begin Subd. 12. new text end
new text begin Fee. new text end
new text begin
The commissioner shall charge the participants of the cooperative private
divorce program a fee of $1,062. Collected fees must be deposited in the cooperative divorce
account established under subdivision 13. The commissioner may reduce the fee to ensure
that revenue more closely matches the expenses of the program.
new text end
new text begin Subd. 13. new text end
new text begin Cooperative divorce account. new text end
new text begin
The cooperative divorce account is established
as a separate account in the special revenue fund in the state treasury. Money in the account
is appropriated to the commissioner to administer and manage the online program under
this section.
new text end
new text begin Subd. 14. new text end
new text begin Data. new text end
new text begin
Data collected under this section is classified as private data on
individuals as defined in section 13.02, subdivision 12.
new text end
new text begin Subd. 15. new text end
new text begin Notice; translations. new text end
new text begin
Notices provided in this section and section 518.82 must
be provided in languages that participants can understand and versions of the notices must
be available online in languages commonly spoken in Minnesota.
new text end
Sec. 5.
new text begin
[518.81] PARENT EDUCATION; COOPERATIVE PRIVATE DIVORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Parent education requirements. new text end
new text begin
Married participants who are parents
of minor children shall attend a four-hour parent education program prior to receiving a
certificate of marital dissolution under section 518.80, subdivision 5. The parent education
program must provide information on:
new text end
new text begin
(1) constructive parenting in the dissolution process, including risk factors for families,
how marriage dissolution affects children of different ages, and skills that parents can learn
to increase cooperation and minimize conflict, particularly conflict arising when parents
place children in the middle, creating conflicting loyalty. This component of the program
must be aimed at increasing a parent's sensitivity to a child's needs and at giving a parent
skills to improve the parent's and the child's adjustment to the dissolution of the marriage.
The primary emphasis of the program must be on constructive parenting information, and
its content must be consistent with and promote the principles of cooperative private divorce
as described in section 518.80, subdivision 9;
new text end
new text begin
(2) assessing if a parent is perpetrating domestic violence against the other parent and
when cooperation in co-parenting may not be desirable because of safety risks, and providing
information on local domestic violence resources;
new text end
new text begin
(3) information on the option of reconciliation, including research on reconciliation
interests among couples considering marriage dissolution, the potential benefits of avoiding
marriage dissolution, resources to assist with reconciliation for interested couples, and
information on when the risk of domestic violence should exclude consideration of
reconciliation; and
new text end
new text begin
(4) an overview of the legal process of marital dissolution and the advantages and
disadvantages of litigation and alternative processes, including but not limited to mediation,
collaborative and cooperative law, and restorative circles.
new text end
new text begin Subd. 2. new text end
new text begin Program requirements. new text end
new text begin
A parent education program under this section may
be conducted in person or online.
new text end
new text begin Subd. 3. new text end
new text begin Confidentiality. new text end
new text begin
Unless all parties agree in writing, statements made by a party
during participation in a parent education program are inadmissible as evidence for any
purpose, including impeachment. No record may be made regarding a party's participation
in a parent education program, except a record of completion of the program as required
under this section. Instructors shall not disclose information regarding an individual
participant obtained as a result of participation in a parent education program. Parent
education instructors may not be subpoenaed or called as witnesses in court proceedings.
new text end
new text begin Subd. 4. new text end
new text begin Costs and program providers. new text end
new text begin
Each parent education program must enable
persons to have timely and reasonable access to education sessions. A party who qualifies
for a waiver of filing fees under section 563.01 is exempt from paying the parent education
program fee. Program providers shall implement a sliding fee scale.
new text end
Sec. 6.
new text begin
[518.82] COOPERATIVE PRIVATE DIVORCE SCREENING; NOTICE;
FORM.
new text end
new text begin
The commissioner of the Bureau of Mediation Services shall make available the following
notice for use in the cooperative private divorce program under section 518.80 before full
access to the program is granted to a user. The data maintained by the coercion screening
tool are private data on individuals, as defined in section 13.02, subdivision 12, and shall
not be tracked or recorded by any means at any time.
new text end
new text begin
COERCION SCREENING TOOL
new text end
new text begin
WHEN NOT TO USE COOPERATIVE PRIVATE DIVORCE
new text end
new text begin
Cooperative private divorce is not for everyone. It is probably not appropriate for you if
any of the following statements are true. Choices you make in this section are private. No
record of any choice you make in this section will be recorded or tracked.
new text end
|
new text begin
... new text end |
new text begin
You are feeling undue pressure or intimidation from your spouse to use cooperative private divorce. new text end |
|
new text begin
... new text end |
new text begin
You have serious doubts about your spouse's willingness to reach agreements that are best for everyone in the family. new text end |
|
new text begin
... new text end |
new text begin
Your spouse has made threats of physical or emotional harm during discussions of divorce. new text end |
|
new text begin
... new text end |
new text begin
Your spouse has unilaterally ruled out involving any professionals in your divorce process even though you want this kind of support. new text end |
|
new text begin
... new text end |
new text begin
Your spouse is telling you not to discuss your divorce options with anyone. new text end |
new text begin
Information on resources can be provided upon request if any of the above risks are occurring.
new text end
Sec. 7.
Minnesota Statutes 2018, section 518A.43, subdivision 1, is amended to read:
Subdivision 1.
General factors.
Among other reasons, deviation from the presumptive
child support obligation computed under section 518A.34 is intended to encourage prompt
and regular payments of child support and to prevent either parent or the joint children from
living in poverty. In addition to the child support guidelines and other factors used to calculate
the child support obligation under section 518A.34, the court must take into consideration
the following factors in setting or modifying child support or in determining whether to
deviate upward or downward from the presumptive child support obligation:
(1) all earnings, income, circumstances, and resources of each parent, including real and
personal property, but excluding income from excess employment of the obligor or obligee
that meets the criteria of section 518A.29, paragraph (b);
(2) the extraordinary financial needs and resources, physical and emotional condition,
and educational needs of the child to be supported;
(3) the standard of living the child would enjoy if the parents were currently living
together, but recognizing that the parents now have separate households;
(4) whether the child resides in a foreign country for more than one year that has a
substantially higher or lower cost of living than this country;
(5) which parent receives the income taxation dependency exemption and the financial
benefit the parent receives from it;
(6) the parents' debts as provided in subdivision 2; deleted text begin and
deleted text end
(7) the obligor's total payments for court-ordered child support exceed the limitations
set forth in section 571.922deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(8) an allocation of expenses of the children in a parenting plan under section 518.1705,
subdivision 8, or in a declaration of dissolution under section 518.80, subdivision 6, paragraph
(a), that enables both parents to maintain a suitable place for their children, taking into
account their current standard of living.
new text end
Sec. 8. new text begin REPORT.
new text end
new text begin
The commissioner of the Bureau of Mediation Services shall conduct an evaluation of
the cooperative private divorce program after the first and second years of operation. The
areas of evaluation shall include but not be limited to:
new text end
new text begin
(1) number of users of the cooperative private divorce program, both initially and
transferring to and from a court divorce;
new text end
new text begin
(2) costs of the cooperative private divorce program to government and families in
comparison to court divorces;
new text end
new text begin
(3) user satisfaction with the cooperative private divorce program process and with their
agreements; and
new text end
new text begin
(4) any correlation between use of the cooperative private divorce program system and
subsequent use of court services for the same case or related cases.
new text end
APPENDIX
Repealed Minnesota Statutes: H2792-1
152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.
Subd. 3.
Possession of marijuana in a motor vehicle.
A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.
Subd. 4.
Possession or sale of small amounts of marijuana.
(a) A person who unlawfully sells a small amount of marijuana for no remuneration, or who unlawfully possesses a small amount of marijuana is guilty of a petty misdemeanor and shall be required to participate in a drug education program unless the court enters a written finding that a drug education program is inappropriate. The program must be approved by an area mental health board with a curriculum approved by the state alcohol and drug abuse authority.
(b) A person convicted of an unlawful sale under paragraph (a) who is subsequently convicted of an unlawful sale under paragraph (a) within two years is guilty of a misdemeanor and shall be required to participate in a chemical dependency evaluation and treatment if so indicated by the evaluation.
(c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully and intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor. Compliance with the terms of the sentence imposed before conviction under this paragraph is an absolute defense.
169A.63 VEHICLE FORFEITURE.
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the meanings given them.
(b) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense or to require a test under section 169A.51 (chemical tests for intoxication).
(c) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold or security interest in a motor vehicle.
(d) "Designated license revocation" includes a license revocation under section 169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license disqualification under section 171.165 (commercial driver's license disqualification) resulting from a violation of section 169A.52 or 171.177; within ten years of the first of two or more qualified prior impaired driving incidents.
(e) "Designated offense" includes:
(1) a violation of section 169A.20 (driving while impaired) under the circumstances described in section 169A.24 (first-degree driving while impaired), or 169A.25 (second-degree driving while impaired); or
(2) a violation of section 169A.20 or an ordinance in conformity with it:
(i) by a person whose driver's license or driving privileges have been canceled as inimical to public safety under section 171.04, subdivision 1, clause (10), and not reinstated; or
(ii) by a person who is subject to a restriction on the person's driver's license under section 171.09 (commissioner's license restrictions), which provides that the person may not use or consume any amount of alcohol or a controlled substance.
(f) "Family or household member" means:
(1) a parent, stepparent, or guardian;
(2) any of the following persons related by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; or
(3) persons residing together or persons who regularly associate and communicate with one another outside of a workplace setting.
(g) "Motor vehicle" and "vehicle" do not include a vehicle which is stolen or taken in violation of the law.
(h) "Owner" means a person legally entitled to possession, use, and control of a motor vehicle, including a lessee of a motor vehicle if the lease agreement has a term of 180 days or more. There is a rebuttable presumption that a person registered as the owner of a motor vehicle according to the records of the Department of Public Safety is the legal owner. For purposes of this section, if a motor vehicle is owned jointly by two or more people, each owner's interest extends to the whole of the vehicle and is not subject to apportionment.
(i) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense or a designee. If a state agency initiated the forfeiture, and the attorney responsible for prosecuting the designated offense declines to pursue forfeiture, the Attorney General's Office or its designee may initiate forfeiture under this section.
(j) "Security interest" means a bona fide security interest perfected according to section 168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is required to be registered under chapter 168, is listed on the vehicle's title.
Subd. 2.
Seizure.
(a) A motor vehicle subject to forfeiture under this section may be seized by the appropriate agency upon process issued by any court having jurisdiction over the vehicle.
(b) Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful search;
(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this section; or
(3) the appropriate agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the vehicle. If property is seized without process under this clause, the prosecuting authority must institute a forfeiture action under this section as soon as is reasonably possible by serving a notice of seizure and intent to forfeit at the address of the owner as listed in the records of the Department of Public Safety.
(c) When a motor vehicle is seized, the officer must provide a receipt to the person found in possession of the motor vehicle; or in the absence of any person, the officer must leave a receipt in the place where the motor vehicle was found, if reasonably possible.
Subd. 3.
Right to possession vests immediately; custody.
All right, title, and interest in a vehicle subject to forfeiture under this section vests in the appropriate agency upon commission of the conduct resulting in the designated offense or designated license revocation giving rise to the forfeiture. Any vehicle seized under this section is not subject to replevin, but is deemed to be in the custody of the appropriate agency subject to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When a vehicle is seized under this section, the appropriate agency shall use reasonable diligence to secure the property and prevent waste and may do any of the following:
(1) place the vehicle under seal;
(2) remove the vehicle to a place designated by it; and
(3) place a disabling device on the vehicle.
Subd. 4.
Bond by owner for possession.
If the owner of a vehicle that has been seized under this section seeks possession of the vehicle before the forfeiture action is determined, the owner may give security or post bond payable to the appropriate agency in an amount equal to the retail value of the seized vehicle. On posting the security or bond, the seized vehicle may be returned to the owner only if a disabling device is attached to the vehicle. The forfeiture action must proceed against the security as if it were the seized vehicle. This subdivision does not apply to a vehicle being held for investigatory purposes.
Subd. 5.
Evidence.
Certified copies of court records and motor vehicle and driver's license records concerning qualified prior impaired driving incidents are admissible as substantive evidence where necessary to prove the commission of a designated offense or the occurrence of a designated license revocation.
Subd. 5a.
Petition for remission or mitigation.
Prior to the entry of a court order disposing with the forfeiture action, any person who has an interest in forfeited property may file with the prosecuting authority a petition for remission or mitigation of the forfeiture. The prosecuting authority may remit or mitigate the forfeiture upon terms and conditions the prosecuting authority deems reasonable if the prosecuting authority finds that: (1) the forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law; or (2) extenuating circumstances justify the remission or mitigation of the forfeiture.
Subd. 6.
Vehicle subject to forfeiture.
(a) A motor vehicle is subject to forfeiture under this section if it was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation.
(b) Motorboats subject to seizure and forfeiture under this section also include their trailers.
Subd. 7.
Limitations on vehicle forfeiture.
(a) A vehicle is presumed subject to forfeiture under this section if:
(1) the driver is convicted of the designated offense upon which the forfeiture is based;
(2) the driver fails to appear for a scheduled court appearance with respect to the designated offense charged and fails to voluntarily surrender within 48 hours after the time required for appearance; or
(3) the driver's conduct results in a designated license revocation and the driver fails to seek judicial review of the revocation in a timely manner as required by section 169A.53, subdivision 2, (petition for judicial review), or the license revocation is judicially reviewed and sustained under section 169A.53, subdivision 2.
(b) A vehicle encumbered by a security interest perfected according to section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based. However, when the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan balance, the appropriate agency shall remit all proceeds of the sale to the secured party after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the vehicle is conducted in a commercially reasonable manner consistent with the provisions of section 336.9-610, the agency is not liable to the secured party for any amount owed on the loan in excess of the sale proceeds. The validity and amount of a nonperfected security interest must be established by its holder by clear and convincing evidence.
(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act or omission upon which the forfeiture is based if the secured party or lessor demonstrates by clear and convincing evidence that the party or lessor took reasonable steps to terminate use of the vehicle by the offender.
(d) A motor vehicle is not subject to forfeiture under this section if any of its owners who petition the court can demonstrate by clear and convincing evidence that the petitioning owner did not have actual or constructive knowledge that the vehicle would be used or operated in any manner contrary to law or that the petitioning owner took reasonable steps to prevent use of the vehicle by the offender. If the offender is a family or household member of any of the owners who petition the court and has three or more prior impaired driving convictions, the petitioning owner is presumed to know of any vehicle use by the offender that is contrary to law. "Vehicle use contrary to law" includes, but is not limited to, violations of the following statutes:
(1) section 171.24 (violations; driving without valid license);
(2) section 169.791 (criminal penalty for failure to produce proof of insurance);
(3) section 171.09 (driving restrictions; authority, violations);
(4) section 169A.20 (driving while impaired);
(5) section 169A.33 (underage drinking and driving); and
(6) section 169A.35 (open bottle law).
Subd. 8.
Administrative forfeiture procedure.
(a) A motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation is subject to administrative forfeiture under this subdivision.
(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within a reasonable time after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all persons known to have an ownership, possessory, or security interest in the vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to be registered under chapter 168, the notification to a person known to have a security interest in the vehicle is required only if the vehicle is registered under chapter 168 and the interest is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown. Notice mailed by certified mail to the address shown in Department of Public Safety records is sufficient notice to the registered owner of the vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed by certified mail to the address shown in the applicable filing or registration for the vehicle is sufficient notice to a person known to have an ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given in the manner provided by law for service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English. This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: You will automatically lose the above-described property and the right to be heard in court if you do not file a lawsuit and serve the prosecuting authority within 60 days. You may file your lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must file in district court. You may not have to pay a filing fee for your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation court fee if your property is worth less than $500."
(d) If notice is not sent in accordance with paragraph (b), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known. An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time. The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.
(e) Within 60 days following service of a notice of seizure and forfeiture under this subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture, including the standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under section 563.01. The claimant may serve the complaint by any means permitted by court rules. If the value of the seized property is $15,000 or less, the claimant may file an action in conciliation court for recovery of the seized vehicle. A copy of the conciliation court statement of claim must be served personally or by mail on the prosecuting authority having jurisdiction over the forfeiture, as well as on the appropriate agency that initiated the forfeiture, within 60 days following service of the notice of seizure and forfeiture under this subdivision. If the value of the seized property is less than $500, the claimant does not have to pay the conciliation court filing fee.
No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter. The prosecuting authority may appear for the appropriate agency. Pleadings, filings, and methods of service are governed by the Rules of Civil Procedure.
(f) The complaint must be captioned in the name of the claimant as plaintiff and the seized vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and any affirmative defenses the claimant may have. Notwithstanding any law to the contrary, an action for the return of a vehicle seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(g) If the claimant makes a timely demand for a judicial determination under this subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.
Subd. 9.
Judicial forfeiture procedure.
(a) This subdivision governs judicial determinations of the forfeiture of a motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation. An action for forfeiture is a civil in rem action and is independent of any criminal prosecution. All proceedings are governed by the Rules of Civil Procedure.
(b) If no demand for judicial determination of the forfeiture is pending, the prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a separate complaint against the vehicle, describing it, specifying that it was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation, and specifying the time and place of its unlawful use.
(c) The prosecuting authority may file an answer to a properly served demand for judicial determination, including an affirmative counterclaim for forfeiture. The prosecuting authority is not required to file an answer.
(d) A judicial determination under this subdivision must be held at the earliest practicable date, and in any event no later than 180 days following the filing of the demand by the claimant. If a related criminal proceeding is pending, the hearing shall not be held until the conclusion of the criminal proceedings. The district court administrator shall schedule the hearing as soon as practicable after the conclusion of the criminal prosecution. The district court administrator shall establish procedures to ensure efficient compliance with this subdivision. The hearing is to the court without a jury.
(e) There is a presumption that a vehicle seized under this section is subject to forfeiture if the prosecuting authority establishes that the vehicle was used in the commission of a designated offense or designated license revocation. A claimant bears the burden of proving any affirmative defense raised.
(f) If the forfeiture is based on the commission of a designated offense and the person charged with the designated offense appears in court as required and is not convicted of the offense, the court shall order the property returned to the person legally entitled to it upon that person's compliance with the redemption requirements of section 169A.42. If the forfeiture is based on a designated license revocation, and the license revocation is rescinded under section 169A.53, subdivision 3 (judicial review hearing, issues, order, appeal), the court shall order the property returned to the person legally entitled to it upon that person's compliance with the redemption requirements of section 169A.42.
(g) If the lawful ownership of the vehicle used in the commission of a designated offense or used in conduct resulting in a designated license revocation can be determined and the owner makes the demonstration required under subdivision 7, paragraph (d), the vehicle must be returned immediately upon the owner's compliance with the redemption requirements of section 169A.42.
(h) If the court orders the return of a seized vehicle under this subdivision it must order that filing fees be reimbursed to the person who filed the demand for judicial determination. In addition, the court may order sanctions under section 549.211 (sanctions in civil actions). Any reimbursement fees or sanctions must be paid from other forfeiture proceeds of the law enforcement agency and prosecuting authority involved and in the same proportion as distributed under subdivision 10, paragraph (b).
Subd. 10.
Disposition of forfeited vehicle.
(a) If the vehicle is administratively forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:
(1) sell the vehicle and distribute the proceeds under paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for official use, it shall make reasonable efforts to ensure that the motor vehicle is available for use by the agency's officers who participate in the drug abuse resistance education program.
(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, towing, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:
(1) 70 percent of the proceeds must be forwarded to the appropriate agency for deposit as a supplement to the state or local agency's operating fund or similar fund for use in DWI-related enforcement, training, and education; and
(2) 30 percent of the money or proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes.
(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell the vehicle to: (1) an officer or employee of the agency that seized the property or to a person related to the officer or employee by blood or marriage; or (2) the prosecuting authority or any individual working in the same office or a person related to the authority or individual by blood or marriage.
(d) Sales of forfeited vehicles under this section must be conducted in a commercially reasonable manner.
(e) If a vehicle is forfeited administratively under this section and no demand for judicial determination is made, the appropriate agency shall provide the prosecuting authority with a copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a statement of probable cause for forfeiture of the property, and a description of the property and its estimated value. Upon review and certification by the prosecuting authority that (1) the appropriate agency provided a receipt in accordance with subdivision 2, paragraph (c), (2) the appropriate agency served notice in accordance with subdivision 8, and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate agency may dispose of the property in any of the ways listed in this subdivision.
Subd. 11.
Sale of forfeited vehicle by secured party.
(a) A financial institution with a valid security interest in or a valid lease covering a forfeited vehicle may choose to dispose of the vehicle under this subdivision, in lieu of the appropriate agency disposing of the vehicle under subdivision 9. A financial institution wishing to dispose of a vehicle under this subdivision shall notify the appropriate agency of its intent, in writing, within 30 days after receiving notice of the seizure and forfeiture. The appropriate agency shall release the vehicle to the financial institution or its agent after the financial institution presents proof of its valid security agreement or of its lease agreement and the financial institution agrees not to sell the vehicle to a member of the violator's household, unless the violator is not convicted of the offense on which the forfeiture is based. The financial institution shall dispose of the vehicle in a commercially reasonable manner as defined in section 336.9-610.
(b) After disposing of the forfeited vehicle, the financial institution shall reimburse the appropriate agency for its seizure, storage, and forfeiture costs. The financial institution may then apply the proceeds of the sale to its storage costs, to its sale expenses, and to satisfy the lien or the lease on the vehicle. If any proceeds remain, the financial institution shall forward the proceeds to the state treasury, which shall credit the appropriate fund as specified in subdivision 9.
Subd. 12.
Reporting.
The appropriate agency and prosecuting authority shall report on forfeitures occurring under this section as described in section 609.5315, subdivision 6.
299A.12 WHEELCHAIR SECUREMENT DEVICE.
Subd. 4.
Transit vehicle; rules.
A transit vehicle used to provide transportation services may be equipped with wheelchair securement devices that may be engaged and released by the user or the user's assistant. The commissioner of public safety shall adopt rules as necessary to set standards for the operation, strength, and use of these wheelchair securement devices.
299A.18 RULES; APPROVAL OF WHEELCHAIR SECUREMENT DEVICE.
The commissioner of public safety shall, no later than July 1, 1979, adopt rules containing standards for wheelchair securement devices that meet the requirements of sections 299A.12, subdivision 1, and 299A.13, subdivision 1, and shall approve or disapprove of securement devices that meet those standards.
401.13 COSTS OF CONFINEMENT; PAYMENT.
Each participating county will be charged a sum equal to the actual per diem cost of confinement, excluding educational costs, of those juveniles committed to the commissioner and confined in a state correctional facility. The commissioner shall annually determine costs making necessary adjustments to reflect the actual costs of confinement. The commissioner of corrections shall bill the counties and deposit the receipts from the counties in the general fund. All charges shall be a charge upon the county of commitment.
609.349 VOLUNTARY RELATIONSHIPS.
A person does not commit criminal sexual conduct under sections 609.342, clauses (a) and (b), 609.343, clauses (a) and (b), 609.344, clauses (a), (b), (d), (e), and (n), and 609.345, clauses (a), (b), (d), (e), and (n), if the actor and complainant were adults cohabiting in an ongoing voluntary sexual relationship at the time of the alleged offense, or if the complainant is the actor's legal spouse, unless the couple is living apart and one of them has filed for legal separation or dissolution of the marriage. Nothing in this section shall be construed to prohibit or restrain the prosecution for any other offense committed by one legal spouse against the other.
609.531 FORFEITURES.
Subdivision 1.
Definitions.
For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given them.
(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it. The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District park rangers, the Department of Natural Resources Division of Enforcement, the University of Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a multijurisdictional entity established under section 299A.642 or 299A.681.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152 or 624;
(2) for driver's license or identification card transactions: any violation of section 171.22; and
(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.
(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
Subd. 1a.
Construction.
Sections 609.531 to 609.5318 must be liberally construed to carry out the following remedial purposes:
(1) to enforce the law;
(2) to deter crime;
(3) to reduce the economic incentive to engage in criminal enterprise;
(4) to increase the pecuniary loss resulting from the detection of criminal activity; and
(5) to forfeit property unlawfully used or acquired and divert the property to law enforcement purposes.
Subd. 4.
Seizure.
(a) Property subject to forfeiture under sections 609.531 to 609.5318 may be seized by the appropriate agency upon process issued by any court having jurisdiction over the property. Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful search;
(2) the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter; or
(3) the appropriate agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the property and that:
(i) the property was used or is intended to be used in commission of a felony; or
(ii) the property is dangerous to health or safety.
If property is seized without process under item (i), the prosecuting authority must institute a forfeiture action under section 609.5313 as soon as is reasonably possible.
(b) When property is seized, the officer must provide a receipt to the person found in possession of the property; or in the absence of any person, the officer must leave a receipt in the place where the property was found, if reasonably possible.
Subd. 5.
Right to possession vests immediately; custody of seized property.
All right, title, and interest in property subject to forfeiture under sections 609.531 to 609.5318 vests in the appropriate agency upon commission of the act or omission giving rise to the forfeiture. Any property seized under sections 609.531 to 609.5318 is not subject to replevin, but is deemed to be in the custody of the appropriate agency subject to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is so seized, the appropriate agency shall use reasonable diligence to secure the property and prevent waste and may do any of the following:
(1) place the property under seal;
(2) remove the property to a place designated by it; and
(3) in the case of controlled substances, require the state Board of Pharmacy to take custody of the property and remove it to an appropriate location for disposition in accordance with law.
Subd. 5a.
Bond by owner for possession.
(a) If the owner of property that has been seized under sections 609.531 to 609.5318 seeks possession of the property before the forfeiture action is determined, the owner may give security or post bond payable to the appropriate agency in an amount equal to the retail value of the seized property. On posting the security or bond, the seized property must be returned to the owner and the forfeiture action shall proceed against the security as if it were the seized property. This subdivision does not apply to contraband property or property being held for investigatory purposes.
(b) If the owner of a motor vehicle that has been seized under this section seeks possession of the vehicle before the forfeiture action is determined, the owner may surrender the vehicle's certificate of title in exchange for the vehicle. The motor vehicle must be returned to the owner within 24 hours if the owner surrenders the motor vehicle's certificate of title to the appropriate agency, pending resolution of the forfeiture action. If the certificate is surrendered, the owner may not be ordered to post security or bond as a condition of release of the vehicle. When a certificate of title is surrendered under this provision, the agency shall notify the Department of Public Safety and any secured party noted on the certificate. The agency shall also notify the department and the secured party when it returns a surrendered title to the motor vehicle owner.
Subd. 6a.
Forfeiture a civil procedure; conviction required.
(a) An action for forfeiture is a civil in rem action and is independent of any criminal prosecution, except as provided in this subdivision.
(b) An asset is subject to forfeiture by judicial determination under sections 609.5311 to 609.5318 only if:
(1) a person is convicted of the criminal offense related to the action for forfeiture; or
(2) a person is not charged with a criminal offense under chapter 152 related to the action for forfeiture based in whole or in part on the person's agreement to provide information regarding the criminal activity of another person.
For purposes of clause (1), an admission of guilt to an offense chargeable under chapter 152, a sentence under section 152.152, a stay of adjudication under section 152.18, or a referral to a diversion program for an offense chargeable under chapter 152 is considered a conviction.
(c) The appropriate agency handling the judicial forfeiture may introduce into evidence in the judicial forfeiture case in civil court the agreement in paragraph (b), clause (2).
(d) The appropriate agency handling the judicial forfeiture bears the burden of proving by clear and convincing evidence that the property is an instrument or represents the proceeds of the underlying offense.
Subd. 7.
Petition for remission or mitigation.
Prior to the entry of a court order disposing with the forfeiture action, any person who has an interest in forfeited property may file with the prosecuting authority a petition for remission or mitigation of the forfeiture. The prosecuting authority may remit or mitigate the forfeiture upon terms and conditions the prosecuting authority deems reasonable if the prosecuting authority finds that: (1) the forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law; or (2) extenuating circumstances justify the remission or mitigation of the forfeiture.
Subd. 8.
Forfeiture policies; statewide model policy required.
(a) By December 1, 2010, the Peace Officer Standards and Training Board, after consulting with the Minnesota County Attorneys Association, the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers Association, shall develop a model policy that articulates best practices for forfeiture and is designed to encourage the uniform application of forfeiture laws statewide. At a minimum, the policy shall address the following:
(1) best practices in pursuing, seizing, and tracking forfeitures;
(2) type and frequency of training for law enforcement on forfeiture laws; and
(3) situations in which forfeitures should not be pursued.
(b) By December 1, 2010, the Minnesota County Attorneys Association, after consulting with the attorney general, the Peace Officer Standards and Training Board, the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers Association, shall develop a model policy that articulates best practices for forfeiture and is designed to encourage the uniform application of forfeiture laws statewide. At a minimum, the policy shall address the following:
(1) statutory role of prosecuting authorities in forfeiture procedures;
(2) best practices for timely and fair resolution of forfeiture cases;
(3) type and frequency of training for prosecuting authorities on forfeiture laws; and
(4) situations in which forfeitures should not be pursued.
(c) By December 1, 2010, the Minnesota County Attorneys Association and the Peace Officer Standards and Training Board shall forward an electronic copy of its respective model policy to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over criminal justice and civil law policy.
(d) By March 1, 2011, the chief law enforcement officer of every state and local law enforcement agency and every prosecution office in the state shall adopt and implement a written policy on forfeiture that is identical or substantially similar to the model policies developed under paragraphs (a) and (b). The written policy shall be made available to the public upon request.
609.5311 FORFEITURE OF PROPERTY ASSOCIATED WITH CONTROLLED SUBSTANCES.
Subdivision 1.
Controlled substances.
All controlled substances that were manufactured, distributed, dispensed, or acquired in violation of chapter 152 are subject to forfeiture under this section, except as provided in subdivision 3 and section 609.5316.
Subd. 2.
Associated property.
(a) All property, real and personal, that has been used, or is intended for use, or has in any way facilitated, in whole or in part, the manufacturing, compounding, processing, delivering, importing, cultivating, exporting, transporting, or exchanging of contraband or a controlled substance that has not been lawfully manufactured, distributed, dispensed, and acquired is subject to forfeiture under this section, except as provided in subdivision 3.
(b) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the purposes of forfeiture under paragraph (a).
Subd. 3.
Limitations on forfeiture of certain property associated with controlled substances.
(a) A conveyance device is subject to forfeiture under this section only if the retail value of the controlled substance is $75 or more and the conveyance device is associated with a felony-level controlled substance crime.
(b) Real property is subject to forfeiture under this section only if the retail value of the controlled substance or contraband is $2,000 or more.
(c) Property used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the owner of the property is a consenting party to, or is privy to, the use or intended use of the property as described in subdivision 2.
(d) Property is subject to forfeiture under this section only if its owner was privy to the use or intended use described in subdivision 2, or the unlawful use or intended use of the property otherwise occurred with the owner's knowledge or consent.
(e) Forfeiture under this section of a conveyance device or real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had knowledge of or consented to the act or omission upon which the forfeiture is based. A person claiming a security interest bears the burden of establishing that interest by clear and convincing evidence.
(f) Forfeiture under this section of real property is subject to the interests of a good faith purchaser for value unless the purchaser had knowledge of or consented to the act or omission upon which the forfeiture is based.
(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture based solely on the owner's or secured party's knowledge of the unlawful use or intended use of the property if: (1) the owner or secured party took reasonable steps to terminate use of the property by the offender; or (2) the property is real property owned by the parent of the offender, unless the parent actively participated in, or knowingly acquiesced to, a violation of chapter 152, or the real property constitutes proceeds derived from or traceable to a use described in subdivision 2.
(h) The Department of Corrections Fugitive Apprehension Unit shall not seize a conveyance device or real property, for the purposes of forfeiture under paragraphs (a) to (g).
Subd. 4.
Records; proceeds.
(a) All books, records, and research products and materials, including formulas, microfilm, tapes, and data that are used, or intended for use in the manner described in subdivision 2 are subject to forfeiture.
(b) All property, real and personal, that represents proceeds derived from or traceable to a use described in subdivision 2 is subject to forfeiture.
609.5312 FORFEITURE OF PROPERTY ASSOCIATED WITH DESIGNATED OFFENSES.
Subdivision 1.
Property subject to forfeiture.
(a) All personal property is subject to forfeiture if it was used or intended for use to commit or facilitate the commission of a designated offense. All money and other property, real and personal, that represent proceeds of a designated offense, and all contraband property, are subject to forfeiture, except as provided in this section.
(b) All money used or intended to be used to facilitate the commission of a violation of section 609.322 or 609.324 or a violation of a local ordinance substantially similar to section 609.322 or 609.324 is subject to forfeiture.
(c) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the purposes of forfeiture under paragraph (a).
Subd. 1a.
Computers and related property subject to forfeiture.
(a) As used in this subdivision, "property" has the meaning given in section 609.87, subdivision 6.
(b) When a computer or a component part of a computer is used or intended for use to commit or facilitate the commission of a designated offense, the computer and all software, data, and other property contained in the computer are subject to forfeiture unless prohibited by the Privacy Protection Act, United States Code, title 42, sections 2000aa to 2000aa-12, or other state or federal law.
(c) Regardless of whether a forfeiture action is initiated following the lawful seizure of a computer and related property, if the appropriate agency returns hardware, software, data, or other property to the owner, the agency may charge the owner for the cost of separating contraband from the computer or other property returned, including salary and contract costs. The agency may not charge these costs to an owner of a computer or related property who was not privy to the act or omission upon which the seizure was based, or who did not have knowledge of or consent to the act or omission, if the owner:
(1) requests from the agency copies of specified legitimate data files and provides sufficient storage media; or
(2) requests the return of a computer or other property less data storage devices on which contraband resides.
Subd. 2.
Limitations on forfeiture of property associated with designated offenses.
(a) Property used by a person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the owner of the property is a consenting party to, or is privy to, the commission of a designated offense.
(b) Property is subject to forfeiture under this section only if the owner was privy to the act or omission upon which the forfeiture is based, or the act or omission occurred with the owner's knowledge or consent.
(c) Property encumbered by a bona fide security interest is subject to the interest of the secured party unless the party had knowledge of or consented to the act or omission upon which the forfeiture is based. A person claiming a security interest bears the burden of establishing that interest by clear and convincing evidence.
(d) Notwithstanding paragraphs (b) and (c), property is not subject to forfeiture based solely on the owner's or secured party's knowledge of the act or omission upon which the forfeiture is based if the owner or secured party took reasonable steps to terminate use of the property by the offender.
Subd. 3.
Vehicle forfeiture for prostitution offenses.
(a) A motor vehicle is subject to forfeiture under this subdivision if it was used to commit or facilitate, or used during the commission of, a violation of section 609.324 or a violation of a local ordinance substantially similar to section 609.324. A motor vehicle is subject to forfeiture under this subdivision only if the offense is established by proof of a criminal conviction for the offense. Except as otherwise provided in this subdivision, a forfeiture under this subdivision is governed by sections 609.531, 609.5312, and 609.5313.
(b) When a motor vehicle subject to forfeiture under this subdivision is seized in advance of a judicial forfeiture order, a hearing before a judge or referee must be held within 96 hours of the seizure. Notice of the hearing must be given to the registered owner within 48 hours of the seizure. The prosecuting authority shall certify to the court, at or in advance of the hearing, that it has filed or intends to file charges against the alleged violator for violating section 609.324 or a local ordinance substantially similar to section 609.324. After conducting the hearing, the court shall order that the motor vehicle be returned to the owner if:
(1) the prosecuting authority has failed to make the certification required by paragraph (b);
(2) the owner of the motor vehicle has demonstrated to the court's satisfaction that the owner has a defense to the forfeiture, including but not limited to the defenses contained in subdivision 2; or
(3) the court determines that seizure of the vehicle creates or would create an undue hardship for members of the owner's family.
(c) If the defendant is acquitted or prostitution charges against the defendant are dismissed, neither the owner nor the defendant is responsible for paying any costs associated with the seizure or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27, subdivision 4, for a period of 180 days or less is not subject to forfeiture under this subdivision.
(e) For purposes of this subdivision, seizure occurs either:
(1) at the date at which personal service of process upon the registered owner is made; or
(2) at the date when the registered owner has been notified by certified mail at the address listed in the Minnesota Department of Public Safety computerized motor vehicle registration records.
(f) The Department of Corrections Fugitive Apprehension Unit shall not participate in paragraphs (a) to (e).
Subd. 4.
Vehicle forfeiture for fleeing peace officer.
(a) A motor vehicle is subject to forfeiture under this subdivision if it was used to commit a violation of section 609.487 and endanger life or property. A motor vehicle is subject to forfeiture under this subdivision only if the offense is established by proof of a criminal conviction for the offense. Except as otherwise provided in this subdivision, a forfeiture under this subdivision is governed by sections 609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.
(b) When a motor vehicle subject to forfeiture under this subdivision is seized in advance of a judicial forfeiture order, a hearing before a judge or referee must be held within 96 hours of the seizure. Notice of the hearing must be given to the registered owner within 48 hours of the seizure. The prosecuting authority shall certify to the court, at or in advance of the hearing, that it has filed or intends to file charges against the alleged violator for violating section 609.487. After conducting the hearing, the court shall order that the motor vehicle be returned to the owner if:
(1) the prosecuting authority has failed to make the certification required by this paragraph;
(2) the owner of the motor vehicle has demonstrated to the court's satisfaction that the owner has a defense to the forfeiture, including but not limited to the defenses contained in subdivision 2; or
(3) the court determines that seizure of the vehicle creates or would create an undue hardship for members of the owner's family.
(c) If the defendant is acquitted or the charges against the defendant are dismissed, neither the owner nor the defendant is responsible for paying any costs associated with the seizure or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27, subdivision 4, for a period of 180 days or less is not subject to forfeiture under this subdivision.
(e) A motor vehicle that is an off-road recreational vehicle as defined in section 169A.03, subdivision 16, or a motorboat as defined in section 169A.03, subdivision 13, is not subject to paragraph (b).
(f) For purposes of this subdivision, seizure occurs either:
(1) at the date at which personal service of process upon the registered owner is made; or
(2) at the date when the registered owner has been notified by certified mail at the address listed in the Minnesota Department of Public Safety computerized motor vehicle registration records.
(g) The Department of Corrections Fugitive Apprehension Unit shall not seize a motor vehicle for the purposes of forfeiture under paragraphs (a) to (f).
609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDURE.
(a) The forfeiture of property under sections 609.5311 and 609.5312 is governed by this section. A separate complaint must be filed against the property stating the act, omission, or occurrence giving rise to the forfeiture and the date and place of the act or occurrence. Within 60 days from when the seizure occurs, the prosecuting authority shall notify the owner or possessor of the property of the action, if known or readily ascertainable. The action must be captioned in the name of the prosecuting authority or the prosecuting authority's designee as plaintiff and the property as defendant. Upon motion by the prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.
(b) If notice is not sent in accordance with paragraph (a), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known. An agency's return of property due to lack of proper notice does not restrict the right of the agency to commence a forfeiture proceeding at a later time. The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.
609.5314 ADMINISTRATIVE FORFEITURE OF CERTAIN PROPERTY SEIZED IN CONNECTION WITH A CONTROLLED SUBSTANCES SEIZURE.
Subdivision 1.
Property subject to administrative forfeiture; presumption.
(a) The following are presumed to be subject to administrative forfeiture under this section:
(1) all money, precious metals, and precious stones found in proximity to:
(i) controlled substances;
(ii) forfeitable drug manufacturing or distributing equipment or devices; or
(iii) forfeitable records of manufacture or distribution of controlled substances;
(2) all conveyance devices containing controlled substances with a retail value of $100 or more if possession or sale of the controlled substance would be a felony under chapter 152; and
(3) all firearms, ammunition, and firearm accessories found:
(i) in a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance;
(ii) on or in proximity to a person from whom a felony amount of controlled substance is seized; or
(iii) on the premises where a controlled substance is seized and in proximity to the controlled substance, if possession or sale of the controlled substance would be a felony under chapter 152.
(b) The Department of Corrections Fugitive Apprehension Unit shall not seize items listed in paragraph (a), clauses (2) and (3), for the purposes of forfeiture.
(c) A claimant of the property bears the burden to rebut this presumption.
Subd. 2.
Administrative forfeiture procedure.
(a) Forfeiture of property described in subdivision 1 that does not exceed $50,000 in value is governed by this subdivision. Within 60 days from when seizure occurs, all persons known to have an ownership, possessory, or security interest in seized property must be notified of the seizure and the intent to forfeit the property. In the case of a motor vehicle required to be registered under chapter 168, notice mailed by certified mail to the address shown in Department of Public Safety records is deemed sufficient notice to the registered owner. The notification to a person known to have a security interest in seized property required under this paragraph applies only to motor vehicles required to be registered under chapter 168 and only if the security interest is listed on the vehicle's title. Upon motion by the appropriate agency or the prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.
(b) Notice may otherwise be given in the manner provided by law for service of a summons in a civil action. The notice must be in writing and contain:
(1) a description of the property seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English. This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: You will automatically lose the above-described property and the right to be heard in court if you do not file a lawsuit and serve the prosecuting authority within 60 days. You may file your lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must file in district court. You may not have to pay a filing fee for your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation court fee if your property is worth less than $500."
(c) If notice is not sent in accordance with paragraph (a), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known. An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time. The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.
Subd. 3.
Judicial determination.
(a) Within 60 days following service of a notice of seizure and forfeiture under this section, a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the prosecuting authority for that county, and the standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under section 563.01. The claimant may serve the complaint on the prosecuting authority by any means permitted by court rules. If the value of the seized property is $15,000 or less, the claimant may file an action in conciliation court for recovery of the seized property. If the value of the seized property is less than $500, the claimant does not have to pay the conciliation court filing fee. No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter. The district court administrator shall schedule the hearing as soon as practicable after, and in any event no later than 90 days following, the conclusion of the criminal prosecution. The proceedings are governed by the Rules of Civil Procedure.
(b) The complaint must be captioned in the name of the claimant as plaintiff and the seized property as defendant, and must state with specificity the grounds on which the claimant alleges the property was improperly seized and the plaintiff's interest in the property seized. Notwithstanding any law to the contrary, an action for the return of property seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(c) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under section 609.531, subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, apply to the judicial determination.
(d) If a demand for judicial determination of an administrative forfeiture is filed under this subdivision and the court orders the return of the seized property, the court shall order that filing fees be reimbursed to the person who filed the demand. In addition, the court may order sanctions under section 549.211. If the court orders payment of these costs, they must be paid from forfeited money or proceeds from the sale of forfeited property from the appropriate law enforcement and prosecuting agencies in the same proportion as they would be distributed under section 609.5315, subdivision 5.
609.5315 DISPOSITION OF FORFEITED PROPERTY.
Subdivision 1.
Disposition.
(a) Subject to paragraph (b), if the court finds under section 609.5313, 609.5314, or 609.5318 that the property is subject to forfeiture, it shall order the appropriate agency to do one of the following:
(1) unless a different disposition is provided under clause (3) or (4), either destroy firearms, ammunition, and firearm accessories that the agency decides not to use for law enforcement purposes under clause (8), or sell them to federally licensed firearms dealers, as defined in section 624.7161, subdivision 1, and distribute the proceeds under subdivision 5 or 5b;
(2) sell property that is not required to be destroyed by law and is not harmful to the public and distribute the proceeds under subdivision 5 or 5b;
(3) sell antique firearms, as defined in section 624.712, subdivision 3, to the public and distribute the proceeds under subdivision 5 or 5b;
(4) destroy or use for law enforcement purposes semiautomatic military-style assault weapons, as defined in section 624.712, subdivision 7;
(5) take custody of the property and remove it for disposition in accordance with law;
(6) forward the property to the federal drug enforcement administration;
(7) disburse money as provided under subdivision 5, 5b, or 5c; or
(8) keep property other than money for official use by the agency and the prosecuting agency.
(b) Notwithstanding paragraph (a), the Hennepin or Ramsey County sheriff may not sell firearms, ammunition, or firearms accessories if the policy is disapproved by the applicable county board.
(c) If property is sold under paragraph (a), the appropriate agency shall not sell property to: (1) an officer or employee of the agency that seized the property or to a person related to the officer or employee by blood or marriage; or (2) the prosecuting authority or any individual working in the same office or a person related to the authority or individual by blood or marriage.
(d) Sales of forfeited property under this section must be conducted in a commercially reasonable manner.
Subd. 2.
Disposition of administratively forfeited property.
If property is forfeited administratively under section 609.5314 or 609.5318 and no demand for judicial determination is made, the appropriate agency shall provide the prosecuting authority with a copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a statement of probable cause for forfeiture of the property, and a description of the property and its estimated value. Upon review and certification by the prosecuting authority that (1) the appropriate agency provided a receipt in accordance with section 609.531, subdivision 4, or 626.16; (2) the appropriate agency served notice in accordance with section 609.5314, subdivision 2, or 609.5318, subdivision 2; and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate agency may dispose of the property in any of the ways listed in subdivision 1.
Subd. 3.
Use by law enforcement.
(a) Property kept under this section may be used only in the performance of official duties of the appropriate agency or prosecuting agency and may not be used for any other purpose. If an appropriate agency keeps a forfeited motor vehicle for official use, it shall make reasonable efforts to ensure that the motor vehicle is available for use and adaptation by the agency's officers who participate in the drug abuse resistance education program.
(b) Proceeds from the sale of property kept under this subdivision must be disbursed as provided in subdivision 5.
Subd. 4.
Distribution of proceeds of the offense.
Property that consists of proceeds derived from or traced to the commission of a designated offense or a violation of section 609.66, subdivision 1e, must be applied first to payment of seizure, storage, forfeiture, and sale expenses, and to satisfy valid liens against the property; and second, to any court-ordered restitution before being disbursed as provided under subdivision 5.
Subd. 5.
Distribution of money.
The money or proceeds from the sale of forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:
(1) 70 percent of the money or proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement;
(2) 20 percent of the money or proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes; and
(3) the remaining ten percent of the money or proceeds must be forwarded within 60 days after resolution of the forfeiture to the state treasury and credited to the general fund. Any local police relief association organized under chapter 423 which received or was entitled to receive the proceeds of any sale made under this section before the effective date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the proceeds of these sales.
Subd. 5a.
Disposition of certain forfeited proceeds; prostitution.
The proceeds from the sale of motor vehicles forfeited under section 609.5312, subdivision 3, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the vehicle, shall be distributed as follows:
(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement;
(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be forwarded to the city treasury for distribution to neighborhood crime prevention programs.
Subd. 5b.
Disposition of certain forfeited proceeds; trafficking of persons; report required.
(a) Except as provided in subdivision 5c, for forfeitures resulting from violations of section 609.282, 609.283, or 609.322, the money or proceeds from the sale of forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:
(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement;
(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner of health and are appropriated to the commissioner for distribution to crime victims services organizations that provide services to victims of trafficking offenses.
(b) By February 15 of each year, the commissioner of public safety shall report to the chairs and ranking minority members of the senate and house of representatives committees or divisions having jurisdiction over criminal justice funding on the money collected under paragraph (a), clause (3). The report must indicate the following relating to the preceding calendar year:
(1) the amount of money appropriated to the commissioner;
(2) how the money was distributed by the commissioner; and
(3) what the organizations that received the money did with it.
Subd. 5c.
Disposition of money; prostitution.
Money forfeited under section 609.5312, subdivision 1, paragraph (b), must be distributed as follows:
(1) 40 percent must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement;
(2) 20 percent must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes; and
(3) the remaining 40 percent must be forwarded to the commissioner of health to be deposited in the safe harbor for youth account in the special revenue fund and is appropriated to the commissioner for distribution to crime victims services organizations that provide services to sexually exploited youth, as defined in section 260C.007, subdivision 31.
Subd. 6.
Reporting requirement.
(a) For each forfeiture occurring in the state regardless of the authority for it, the appropriate agency and the prosecuting authority shall provide a written record of the forfeiture incident to the state auditor. The record shall include the amount forfeited, the statutory authority for the forfeiture, its date, a brief description of the circumstances involved, and whether the forfeiture was contested. For controlled substance and driving while impaired forfeitures, the record shall indicate whether the forfeiture was initiated as an administrative or a judicial forfeiture. The record shall also list the number of firearms forfeited and the make, model, and serial number of each firearm forfeited. The record shall indicate how the property was or is to be disposed of.
(b) An appropriate agency or the prosecuting authority shall report to the state auditor all instances in which property seized for forfeiture is returned to its owner either because forfeiture is not pursued or for any other reason.
(c) Reports shall be made on a monthly basis in a manner prescribed by the state auditor. The state auditor shall report annually to the legislature on the nature and extent of forfeitures.
(d) For forfeitures resulting from the activities of multijurisdictional law enforcement entities, the entity on its own behalf shall report the information required in this subdivision.
(e) The prosecuting authority is not required to report information required by this subdivision unless the prosecuting authority has been notified by the state auditor that the appropriate agency has not reported it.
Subd. 7.
Firearms.
The agency shall make best efforts for a period of 90 days after the seizure of an abandoned or stolen firearm to protect the firearm from harm and return it to the lawful owner.
609.5316 SUMMARY FORFEITURES.
Subdivision 1.
Contraband.
Except as otherwise provided in this subdivision, if the property is contraband, the property must be summarily forfeited and either destroyed or used by the appropriate agency for law enforcement purposes. Upon summary forfeiture, weapons used must be destroyed by the appropriate agency unless the agency decides to use the weapons for law enforcement purposes or sell the weapons in a commercially reasonable manner to federally licensed firearms dealers, as defined in section 624.7161, subdivision 1. If a weapon is sold under this subdivision, the proceeds must be distributed under section 609.5315, subdivision 5 or 5b.
Subd. 2.
Controlled substances.
(a) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of chapter 152, are contraband and must be seized and summarily forfeited. Controlled substances listed in Schedule I that are seized or come into the possession of peace officers, the owners of which are unknown, are contraband and must be summarily forfeited.
(b) Species of plants from which controlled substances in Schedules I and II may be derived that have been planted or cultivated in violation of chapter 152 or of which the owners or cultivators are unknown, or that are wild growths, may be seized and summarily forfeited to the state. The appropriate agency or its authorized agent may seize the plants if the person in occupancy or in control of land or premises where the plants are growing or being stored fails to produce an appropriate registration or proof that the person is the holder of appropriate registration.
Subd. 3.
Weapons, telephone cloning paraphernalia, automated sales suppression devices, and bullet-resistant vests.
Weapons used are contraband and must be summarily forfeited to the appropriate agency upon conviction of the weapon's owner or possessor for a controlled substance crime; for any offense of this chapter or chapter 624, or for a violation of an order for protection under section 518B.01, subdivision 14. Bullet-resistant vests, as defined in section 609.486, worn or possessed during the commission or attempted commission of a crime are contraband and must be summarily forfeited to the appropriate agency upon conviction of the owner or possessor for a controlled substance crime or for any offense of this chapter. Telephone cloning paraphernalia used in a violation of section 609.894, and automated sales suppression devices, phantom-ware, and other devices containing an automated sales suppression or phantom-ware device or software used in violation of section 289A.63, subdivision 12, are contraband and must be summarily forfeited to the appropriate agency upon a conviction.
609.5317 REAL PROPERTY; SEIZURES.
Subdivision 1.
Rental property.
(a) When contraband or a controlled substance manufactured, distributed, or acquired in violation of chapter 152 is seized on residential rental property incident to a lawful search or arrest, the prosecuting authority shall give the notice required by this subdivision to (1) the landlord of the property or the fee owner identified in the records of the county assessor, and (2) the agent authorized by the owner to accept service pursuant to section 504B.181. The notice is not required during an ongoing investigation. The notice shall state what has been seized and specify the applicable duties and penalties under this subdivision. The notice shall state that the landlord who chooses to assign the right to bring an eviction action retains all rights and duties, including removal of a tenant's personal property following issuance of the writ of recovery and delivery of the writ to the sheriff for execution. The notice shall also state that the landlord may contact the prosecuting authority if threatened by the tenant. Notice shall be sent by certified letter, return receipt requested, within 30 days of the seizure. If receipt is not returned, notice shall be given in the manner provided by law for service of summons in a civil action.
(b) Within 15 days after notice of the first occurrence, the landlord shall bring, or assign to the prosecuting authority of the county in which the real property is located, the right to bring an eviction action against the tenant. The assignment must be in writing on a form prepared by the prosecuting authority. Should the landlord choose to assign the right to bring an eviction action, the assignment shall be limited to those rights and duties up to and including delivery of the writ of recovery to the sheriff for execution.
(c) Upon notice of a second occurrence on any residential rental property owned by the same landlord in the same county and involving the same tenant, and within one year after notice of the first occurrence, the property is subject to forfeiture under sections 609.531, 609.5311, 609.5313, and 609.5315, unless an eviction action has been commenced as provided in paragraph (b) or the right to bring an eviction action was assigned to the prosecuting authority as provided in paragraph (b). If the right has been assigned and not previously exercised, or if the prosecuting authority requests an assignment and the landlord makes an assignment, the prosecuting authority may bring an eviction action rather than an action for forfeiture.
(d) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the purposes of forfeiture as described in paragraphs (a) to (c).
Subd. 2.
Additional remedies.
Nothing in subdivision 1 prevents the prosecuting authority from proceeding under section 609.5311 whenever that section applies.
Subd. 3.
Defenses.
It is a defense against a proceeding under subdivision 1, paragraph (b), that the tenant had no knowledge or reason to know of the presence of the contraband or controlled substance or could not prevent its being brought onto the property.
It is a defense against a proceeding under subdivision 1, paragraph (c), that the landlord made every reasonable attempt to evict a tenant or to assign the prosecuting authority the right to bring an eviction action against the tenant, or that the landlord did not receive notice of the seizure.
Subd. 4.
Limitations.
This section shall not apply if the retail value of the controlled substance is less than $100, but this section does not subject real property to forfeiture under section 609.5311 unless the retail value of the controlled substance is: (1) $1,000 or more; or (2) there have been two previous controlled substance seizures involving the same tenant.
609.5318 FORFEITURE OF VEHICLES USED IN DRIVE-BY SHOOTINGS.
Subdivision 1.
Motor vehicles subject to forfeiture.
(a) If the prosecuting authority establishes by clear and convincing evidence that a motor vehicle was used in a violation of section 609.66, subdivision 1e, the vehicle is subject to forfeiture under this section upon a conviction for the same offense.
(b) The Department of Corrections Fugitive Apprehension Unit shall not seize a motor vehicle for the purposes of forfeiture under paragraph (a).
Subd. 2.
Notice.
(a) The registered owner of the vehicle must be notified of the seizure and intent to forfeit the vehicle within seven days after the seizure. Notice by certified mail to the address shown in Department of Public Safety records is deemed to be sufficient notice to the registered owner.
(b) The notice must be in writing and:
(1) contain a description of the property seized;
(2) contain the date of seizure; and
(3) be printed in English. This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.
(c) Substantially, the following language must appear conspicuously in the notice:
"WARNING: You will automatically lose the above-described property and the right to be heard in court if you do not file a lawsuit and serve the prosecuting authority within 60 days. You may file your lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must file in district court. You may not have to pay a filing fee for your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation court fee if your property is worth less than $500."
Subd. 3.
Hearing.
(a) Within 60 days following service of a notice of seizure and forfeiture, a claimant may demand a judicial determination of the forfeiture. If a related criminal proceeding is pending, the 60-day period begins to run at the conclusion of those proceedings.
(b) The demand must be in the form of a civil complaint as provided in section 609.5314, subdivision 3, except as otherwise provided in this section.
(c) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under subdivision 4.
Subd. 4.
Procedure.
(a) If a judicial determination of the forfeiture is requested, a separate complaint must be filed against the vehicle, stating the specific act giving rise to the forfeiture and the date, time, and place of the act. The action must be captioned in the name of the prosecuting authority or the prosecuting authority's designee as plaintiff and the property as defendant.
(b) If a demand for judicial determination of an administrative forfeiture is filed and the court orders the return of the seized property, the court shall order that filing fees be reimbursed to the person who filed the demand. In addition, the court may order the payment of reasonable costs, expenses, attorney fees, and towing and storage fees. If the court orders payment of these costs, they must be paid from forfeited money or proceeds from the sale of forfeited property from the appropriate law enforcement and prosecuting agencies in the same proportion as they would be distributed under section 609.5315, subdivision 5.
Subd. 5.
Limitations.
(a) A vehicle used by a person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the owner is a consenting party to, or is privy to, the commission of the act giving rise to the forfeiture.
(b) A vehicle is subject to forfeiture under this section only if the registered owner was privy to the act upon which the forfeiture is based, the act occurred with the owner's knowledge or consent, or the act occurred due to the owner's gross negligence in allowing another to use the vehicle.
(c) A vehicle encumbered by a bona fide security interest is subject to the interest of the secured party unless the party had knowledge of or consented to the act upon which the forfeiture is based. A person claiming a security interest bears the burden of establishing that interest by clear and convincing evidence.
609.5319 FINANCIAL INSTITUTION SECURED INTEREST.
Property that is subject to a bona fide security interest, based upon a loan or other financing arranged by a bank, credit union, or any other financial institution, is subject to the interest of the bank, credit union, or other financial institution in any forfeiture proceeding that is based upon a violation of any provision of this chapter or the commission of any other criminal act. The security interest must be established by clear and convincing evidence.
609.762 FORFEITURE OF GAMBLING DEVICES, PRIZES AND PROCEEDS.
Subd. 3.
Not subject to replevin.
Property taken or detained under subdivision 2 is not subject to a replevin action, but is considered to be in the custody of the law enforcement agency subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings.
Subd. 4.
Procedures.
Property must be forfeited after a conviction for a gambling violation according to the following procedure:
(1) a separate complaint must be filed against the property describing it, charging its use in the specified violation, and specifying the time and place of its unlawful use;
(2) if the person charged with a gambling offense is acquitted, the court shall dismiss the complaint and order the property returned to the persons legally entitled to it; and
(3) if after conviction the court finds the property, or any part of it, was used in violation as specified in the complaint, it shall order that the property be sold or retained by the law enforcement agency for official use. Proceeds from the sale of forfeited property may be retained for official use and shared equally between the law enforcement agency investigating the offense involved in the forfeiture and the prosecuting agency that prosecuted the offense involved in the forfeiture and handled the forfeiture proceedings.
Subd. 5.
Exception.
Property may not be seized or forfeited under this section if the owner shows to the satisfaction of the court that the owner had no notice or knowledge or reason to believe that the property was used or intended to be used in violation of this section.
Subd. 6.
Reporting.
The law enforcement and prosecuting agencies shall report on forfeitures occurring under this section as described in section 609.5315, subdivision 6.
609.905 CRIMINAL FORFEITURE.
Subd. 3.
Reporting.
The prosecuting authority shall report on forfeitures occurring under this section as described in section 609.5315, subdivision 6.
609B.050 DEFINITIONS; PURPOSE; CROSS-REFERENCES.
Subdivision 1.
Definitions.
For purposes of this chapter:
(1) "automatically" means either by operation of law or by the mandated action of a designated official or agency; and
(2) "collateral sanction" means a legal penalty, disability, or disadvantage, however denominated, that is imposed on a person automatically when that person is convicted of or found to have committed a crime, even if the sanction is not included in the sentence. Collateral sanction does not include:
(i) a direct consequence of the crime such as a criminal fine, restitution, or incarceration; or
(ii) a requirement imposed by the sentencing court or other designated official or agency that the convicted person provide a biological specimen for DNA analysis, provide fingerprints, or submit to any form of assessment or testing.
Subd. 2.
Statement of purpose.
This chapter contains cross-references to Minnesota Statutes imposing collateral sanctions. This chapter provides quick access to the cross-referenced collateral sanctions by using the following categories:
(1) collateral sanctions relating to employment and licensing;
(2) collateral sanctions relating to teaching;
(3) collateral sanctions relating to nursing and other health care licenses;
(4) collateral sanctions relating to transportation;
(5) collateral sanctions relating to elections;
(6) collateral sanctions relating to carriers;
(7) collateral sanctions relating to miscellaneous licensing provisions;
(8) collateral sanctions relating to liquor;
(9) collateral sanctions relating to gambling;
(10) collateral sanctions relating to fiduciary service and public office vacancies;
(11) collateral sanctions relating to local government;
(12) collateral sanctions relating to metropolitan area officers and peace officers;
(13) collateral sanctions relating to driving and motor vehicles;
(14) collateral sanctions relating to prison program eligibility;
(15) collateral sanctions relating to offender registration;
(16) collateral sanctions relating to crimes against a person; crimes of violence;
(17) collateral sanctions relating to possession of firearms, explosives, and similar devices;
(18) collateral sanctions relating to services and benefits;
(19) collateral sanctions relating to property rights;
(20) collateral sanctions relating to civil rights and remedies;
(21) collateral sanctions relating to recreational activities; and
(22) collateral sanctions relating to game and fish laws.
Subd. 3.
Cautionary language.
The following cautionary language should be noted:
(1) the list of collateral sanctions laws contained in this chapter is intended to be comprehensive but is not necessarily complete;
(2) the inclusion or exclusion of a collateral sanction in this chapter is not intended to have any substantive legal effect;
(3) the cross-references used in this chapter are intended solely to indicate the contents of the cross-referenced section or subdivision and are not part of the cross-referenced statute;
(4) the cross-references are not substantive and may not be used to construe or limit the meaning of any statutory language; and
(5) users must consult the language of each cross-referenced law to fully understand the scope and effect of the collateral sanction it imposes.
609B.100 EMPLOYMENT AND OCCUPATIONAL LICENSING; GENERALLY.
Sections 609B.101 to 609B.113 provide references to collateral sanctions related to employment and licensing.
609B.101 FALSE OR FRAUDULENT CLAIM TO LEGISLATURE; FORFEITURE OF OFFICE.
A state officer convicted of violating section 3.756 forfeits the state office.
609B.102 SUBVERSIVE ACT; EMERGENCY MANAGEMENT EMPLOYMENT PROHIBITED.
Section 12.43 prohibits a person from employment with an emergency management organization who has been convicted of a subversive act against the United States.
609B.103 VIOLATION OF AQUATIC FARMS REGULATIONS; AQUATIC FARM OCCUPATIONAL LICENSE VOID.
A conviction for a violation of an aquatic farm law or rule will result in an aquatic farm license of the violator being voided under certain circumstances provided in section 17.4998.
609B.104 VIOLATION OF CERTIFIED SEED POTATO LAW; RIGHT TO HANDLE CERTIFIED SEED POTATOES REVOKED.
Section 21.122 requires the commissioner of agriculture to refuse the privilege of handling certified seed potatoes in any way during the season in which a person is convicted for a second offense under sections 21.111 to 21.122.
609B.105 VIOLATION OF CONTAINER LABEL INFORMATION LAWS; LICENSE REVOCATION.
Section 32.645 requires the commissioner of agriculture to revoke or withhold issuing any license required under sections 28A.04, 28A.14, and 32.56 to a person convicted of a subsequent offense under section 32.645.
609B.106 UNLICENSED OR IMPROPER EXHIBIT; REMOVAL FROM STATE FAIRGROUNDS.
(a) If a person is convicted under section 37.18, the person's license shall be suspended, and all money paid in connection with a performance or exhibit shall be forfeited to the Minnesota State Agricultural Society.
(b) A person engaging in a play, game, concert, or theatrical or other performance, or exhibiting a show of any kind on the State Fairgrounds without a license from the society must be removed from the State Fairgrounds.
609B.107 NONCOMPLIANCE; STATE CIVIL SERVICE EMPLOYMENT PROHIBITED.
Under section 43A.39, a person convicted of a crime based on violations of chapter 43A shall be ineligible for appointment in the civil service for three years following conviction.
609B.108 CRIMINAL CONDUCT; MUNICIPAL SERVICE EMPLOYMENT PROHIBITED.
Section 44.11 requires the municipal personnel board to reject candidates or eligible persons who have been found guilty of criminal conduct.
609B.109 INSURANCE POLICY VIOLATIONS; INSURANCE BUSINESS DISQUALIFICATION.
Section 72A.02 disqualifies a company, which has more than one conviction for making, issuing, delivering, or tendering any policy of insurance of any kind in violation of any provision of law, from conducting any insurance business until payment of all fines and for one year thereafter.
609B.110 INSURANCE CONTRACTS; AGENT AND INSURANCE BUSINESS DISQUALIFICATION.
Upon conviction for a violation under sections 60K.30 to 60K.56, the commissioner of commerce shall suspend the authority of a convicted agent to transact any insurance business within the state for a period of not less than three months under section 72A.07.
609B.111 LIFE INSURANCE POLICY MISREPRESENTATION; LICENSE REVOCATION.
The license of any company that authorizes or permits a violation of section 72A.12, subdivision 2, shall be revoked. Upon a conviction under section 72A.12, subdivision 3, the commissioner of commerce shall revoke the license of a company and its agents, and grant no new license within one year after the conviction.
609B.112 VIOLATION OF AQUATIC VEGETATION IN PUBLIC WATERS LICENSE; LICENSE VOID.
If a person is convicted of violating section 84.42 for the second time within three years, that person's license issued under section 84.091 shall become null and void, and no license of the same kind shall be issued for one year after the date of the conviction.
609B.113 MISREPRESENTATION OF FISH SPECIES CONVICTION; FISH VENDOR LICENSE REVOCATION.
If a licensed fish vendor or an employee of the fish vendor is convicted of misrepresenting a species of fish that is sold, the license shall be revoked and the licensee is not eligible to obtain a fish vendor's license for one year after revocation under section 97C.861.
609B.120 TEACHING; COLLATERAL SANCTIONS.
Sections 609B.121 to 609B.123 provide references to teaching related collateral sanctions.
609B.121 CHILD ABUSE, SEXUAL ABUSE, OR SIMILAR CONVICTION; REVOCATION OR DENIAL OF TEACHER'S LICENSE.
Under section 122A.20 or any similar law of another state or the United States, a person convicted of child abuse or sexual abuse, using minors in a sexual performance, or possessing pornographic works involving a minor shall have the person's teaching license revoked.
609B.122 CHILD ABUSE, SEXUAL ABUSE, OR SIMILAR CONVICTION; CERTAIN TEACHERS DISCHARGED.
Upon receipt of notice that the teacher's license has been revoked due to a conviction for child abuse or sexual abuse under section 122A.20, a teacher under contract either as a probationary teacher or a continuing-contract teacher under section 122A.40 or 122A.41 must be discharged.
609B.123 SEX OFFENDER; INDEPENDENT DISTRICT SCHOOL BOARD INELIGIBILITY.
Under section 123B.09, a sex offender who has been convicted of an offense for which registration is required under section 243.166 is ineligible to become a candidate for the office of school board member.
609B.124 NURSING AND OTHER HEALTH CARE LICENSING; COLLATERAL SANCTIONS.
Sections 609B.125 to 609B.130 provide references to nursing and other health care licensing-related collateral sanctions.
609B.125 NURSING HOME EMPLOYMENT; DISQUALIFICATION.
A person who was a controlling person of another nursing home during any period of time in the previous two-year period, as defined by law, and was convicted of a felony or gross misdemeanor that relates to operation of the nursing home or directly affects resident safety or care during that period is disqualified from becoming a controlling person of a nursing home under section 144A.04.
609B.126 NURSING HOME LICENSE; REVOCATION.
Under section 144A.11, subdivision 3a, a nursing home license shall be revoked if a controlling person is convicted of a felony or gross misdemeanor that relates to operation of the nursing home or directly affects resident safety or care.
609B.127 HOME CARE EMPLOYMENT; DISQUALIFICATION.
Under section 144A.476:
(1) no person may be involved in the management, operation, or control of a home care provider if the person has been disqualified under the provisions of chapter 245C; and
(2) employees, contractors, and volunteers of a home care provider or hospice with prior criminal convictions shall be disqualified under the provisions of chapter 245C.
609B.128 HOSPICE CARE EMPLOYMENT; DISQUALIFICATION.
Under section 144A.754:
(1) no person may be involved in the management, operation, or control of a hospice provider if the person has been disqualified under the provisions of chapter 245C; and
(2) employees, contractors, and volunteers of a hospice provider with prior criminal convictions shall be disqualified under the provisions of chapter 245C.
609B.129 FELONY-LEVEL CRIMINAL SEXUAL CONDUCT CONVICTION; MEDICAL LICENSE DENIAL OR REVOCATION.
Under section 147.091, subdivision 1a, the Board of Medical Practice may not grant a license to practice medicine to a person convicted of a felony-level criminal sexual conduct offense, and a license to practice medicine is automatically revoked if the licensee is convicted of a felony-level criminal sexual conduct offense.
609B.130 PHARMACY LICENSE AND REGISTRATION; ELIGIBILITY.
Under section 151.06, the Board of Pharmacy shall deny, suspend, revoke, or refuse to renew any registration or license required under chapter 151 to any applicant, registrant, or licensee upon any of the following grounds:
(1) in the case of a pharmacist, conviction in any court of a felony;
(2) in the case of a pharmacist, conviction in any court of an offense involving moral turpitude;
(3) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof; or
(4) in the case of a pharmacist, aiding suicide or aiding attempted suicide, as established by a copy of the record of criminal conviction or plea of guilty for a felony in violation of section 609.215, subdivision 1 or 2.
609B.132 TRANSPORTATION; COLLATERAL SANCTIONS.
Sections 609B.133 to 609B.136 provide references to collateral sanctions related to transportation.
609B.133 PUBLIC CONTRACTS; ELIGIBILITY FOR PUBLIC TRANSPORTATION CONTRACTS.
Under section 161.315, a contractor and the contractor's affiliates convicted of a contract crime are disqualified from receiving the award of a state contract or from serving as a subcontractor or material supplier under a state contract.
609B.134 MOTOR VEHICLE DEALER VIOLATION; SUSPENSION OR REVOCATION OF DEALER LICENSE.
Under section 168.276, the registrar of motor vehicles shall suspend for a period of 30 days a person's license for the sale of new or used motor vehicles upon the receipt of a second record of conviction for a violation of section 168.27, and upon receipt of a third record of conviction, the person's license shall be permanently revoked.
609B.135 FRAUD, MISREPRESENTATION, AND DELAY; REVOCATION OF INSURER'S LICENSE.
Under section 176.195, the commissioner of commerce shall revoke the license of an insurer to write workers' compensation insurance, if the insurer, or an agent of the insurer, has been found guilty of fraud, misrepresentation, or culpable, persistent, and unreasonable delay in making payments or settlements under chapter 176.
609B.136 VIOLATIONS BY BOILER INSPECTORS; REMOVAL FROM OFFICE.
An inspector found guilty of a misdemeanor under section 326B.992 shall be removed from office.
609B.139 ELECTIONS; COLLATERAL SANCTIONS.
Sections 609B.140 to 609B.146 provide references to collateral sanctions related to elections.
609B.140 CONVICTION FOR FAILURE TO PROSECUTE; FORFEITURE OF OFFICE.
A county attorney convicted of a misdemeanor under section 201.275 shall forfeit office.
609B.141 CONVICTION FOR TREASON OR FELONY; INELIGIBILITY FOR BALLOT CERTIFICATION.
If a person is convicted of a felony or treason and has not had the person's civil rights restored, under section 204B.10 the person's name shall not be certified to be placed on a ballot.
609B.142 CONVICTED SEX OFFENDER; SCHOOL BOARD MEMBER INELIGIBILITY.
Under section 205A.06, subdivision 1b, a person convicted of an offense for which registration is required under section 243.166 is ineligible to become a candidate for the office of school board member and may not file an affidavit of candidacy for that office. Ineligibility is determined by registration requirements in effect at the time the offender files for office.
609B.143 VIOLATION OF CAMPAIGN FINANCIAL REPORTS; FORFEITURE OF NOMINATION OR OFFICE.
If a candidate is convicted of a campaign violation under section 211A.09, the court shall declare that the candidate has forfeited nomination or office.
609B.144 CONVICTION FOR VIOLATION OF CAMPAIGN FINANCIAL REPORTS; DISQUALIFICATION.
A person convicted of violating chapter 211A or a person whose election to office has been set aside for violating chapter 211A may not be appointed to fill a vacancy in the office under section 211A.10.
609B.146 CONVICTION FOR VIOLATION OF FAIR CAMPAIGN PRACTICES; DISQUALIFICATION.
A person convicted of violating chapter 211B or a person whose election to office has been set aside for violating chapter 211B may not be appointed to fill a vacancy in the office under section 211B.18.
609B.147 CARRIERS; COLLATERAL SANCTIONS.
Sections 609B.148 and 609B.149 provide references to collateral sanctions related to carriers.
609B.148 DRIVER'S LICENSE SUSPENSION OR CANCELLATION; DENIAL OF APPLICATION; INTERSTATE MOTOR CARRIER.
Under section 221.0314, subdivision 3a, paragraph (e), the commissioner of transportation shall deny an application if, during the three years preceding the application, the applicant's driver's license has been suspended, canceled, or revoked or the applicant has been convicted of a disqualifying offense as defined in Code of Federal Regulations, title 49, section 383.51, paragraph (b)(2).
609B.149 CONVICTION OF BACKGROUND CHECK CRIME; PASSENGER CARRIER DISQUALIFICATION.
If the background check response required under section 221.178 shows that the driver has been convicted of a background check crime defined in section 299C.67, subdivision 2, paragraph (a) or (b), the driver may not be employed by a motor carrier of passengers to operate a vehicle providing passenger transportation.
609B.1495 MISCELLANEOUS LICENSING PROVISIONS; COLLATERAL SANCTIONS.
Sections 609B.150 to 609B.164 provide references related to miscellaneous licensing provisions.
609B.150 RACETRACK OCCUPATIONAL LICENSES; INELIGIBILITY.
A person convicted of a felony; fraud or misrepresentation in connection with racing or breeding; or a violation of law or rule relating to horse racing, pari-mutuel betting, or any other form of gambling that is a serious violation as defined by the Minnesota Racing Commission's rules, is ineligible for a class C occupational license under section 240.08.
609B.151 HUMAN SERVICES LICENSE; DISQUALIFICATION FOR CONVICTION.
Under section 245A.04, the commissioner of human services shall not issue a license if the applicant, license holder, or controlling individual has been disqualified and the disqualification was not set aside. Disqualifications under section 245A.04 are governed according to sections 245C.14 and 245C.15. Convictions resulting in human services license disqualification are enumerated under section 245C.15.
609B.152 CONVICTION FOR FAILURE TO COMPLY; TAX LEVY FOR SOCIAL SERVICES; REMOVAL FROM OFFICE.
Any county commissioner convicted under section 261.063 shall be immediately removed from office by the governor.
609B.153 CIGARETTE AND TOBACCO DISTRIBUTOR OR SUBJOBBER LICENSE; SUSPENSION OR REVOCATION.
Under section 297F.04, the commissioner of revenue must not issue or renew a license issued under chapter 297F, and may revoke a license issued under chapter 297F, if the applicant has been convicted of a crime involving cigarettes.
609B.155 RESIDENTIAL BUILDING MANAGER; BACKGROUND CHECK.
Under section 299C.69, an owner of a residential building may not hire a person as a residential building manager or, if the person was hired pending completion of the background check, shall terminate the person's employment if a residential building manager or a person applying for a position as a residential building manager is convicted of a background check crime defined in section 299C.67, subdivision 2, paragraph (a). Except as provided under section 299C.69, paragraph (c), if the owner knows that a residential building manager has been convicted of a background check crime defined in section 299C.67, subdivision 2, paragraph (a), the owner shall terminate the manager's employment. For background check crimes defined in section 299C.67, subdivision 2, paragraph (a), the owner may not employ a manager unless more than ten years have elapsed since the date of discharge of the sentence, except as provided under section 299C.69, paragraph (c).
609B.157 GAMBLING DEVICES LICENSE; INELIGIBILITY.
Under section 299L.07, the commissioner of public safety may not issue or renew a license under chapter 299L, and shall revoke a license under chapter 299L, if the applicant or licensee, or a director, officer, partner, governor, person in a supervisory or management position of the applicant or licensee, an employee eligible to make sales on behalf of the applicant or licensee, or a direct or indirect holder of more than a five percent financial interest in the applicant or licensee has been convicted of:
(1) a felony;
(2) a crime involving gambling;
(3) assault;
(4) a criminal violation involving the use of a firearm; or
(5) making terroristic threats.
609B.158 PETROLEUM DISCRIMINATION; REVOCATION OF PERMIT.
Under section 325D.67, if a person or firm is convicted of a petroleum discrimination violation, the attorney general shall see to it that the corporation's permit to do business is revoked.
609B.159 PAWNBROKER LICENSE; INELIGIBILITY.
A person convicted of a crime directly related to a pawnbroker licensed as prescribed by section 364.03, subdivision 2, is not eligible to maintain or receive a pawnbroker license under section 325J.03 unless the person has shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under chapter 325J as prescribed by section 364.03, subdivision 3.
609B.160 PRIVATE DETECTIVE OR PROTECTIVE AGENT EMPLOYMENT; DISQUALIFICATION.
Under section 326.336, a private detective or protective agent license holder shall immediately dismiss an employee who has been convicted of a felony or any offense listed in section 326.3381, subdivision 3, other than a misdemeanor or gross misdemeanor assault.
609B.161 PRIVATE DETECTIVE OR PROTECTIVE AGENT BUSINESS LICENSE; DISQUALIFICATION.
Under section 326.3381, a person is disqualified from holding a private detective or protective agent business license if that person has been convicted of:
(1) a felony by the courts of this or any other state or of the United States;
(2) acts which, if committed in Minnesota, would be criminal sexual conduct; assault; theft; larceny; burglary; robbery; unlawful entry; extortion; defamation; buying or receiving stolen property; using, possessing, manufacturing, or carrying weapons unlawfully; using, possessing, or carrying burglary tools unlawfully; escape; or possession, production, sale, or distribution of narcotics unlawfully; or
(3) acts in any other country which, if committed in Minnesota, would be a felony or considered as any of the other offenses listed in clause (2) and for which a full pardon or similar relief has not been granted.
609B.162 ACTS PROHIBITED DURING LABOR DISPUTES, STRIKES, AND LOCKOUTS; SUSPENSION.
The license of a person convicted of violating section 326.3384 shall be suspended for the periods described under section 326.3384, subdivision 2, paragraph (c).
609B.164 INDIVIDUAL COLLECTOR REGISTRATION; PRIOR CONVICTIONS AS DISQUALIFICATION.
Under section 332.35, a license shall not be issued to, and registration shall not be accepted for, any person, firm, corporation, or association, or any officers, which, within the past five years, have been convicted in any court of fraud or any felony.
609B.1641 BULLION COIN DEALER AND REPRESENTATIVE REGISTRATION; CONVICTIONS.
Under section 80G.04, the commissioner of commerce shall deny a registration or renewal of registration or revoke a registration of a bullion coin dealer or coin dealer representative, if the bullion coin dealer or coin dealer representative has within the last ten years been convicted of a financial crime or other crime involving fraud or theft.
609B.1645 LIQUOR, GAMBLING, FIDUCIARY SERVICE AND PUBLIC OFFICE VACANCIES; COLLATERAL SANCTIONS.
Sections 609B.165 to 609B.177 provide references to liquor, gambling, and fiduciary service and public office vacancies collateral sanctions.
609B.165 CONVICTION; RETAIL LIQUOR LICENSE INELIGIBILITY.
Under section 340A.402, no new retail license may be issued to a person who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage.
609B.168 FELONY CONVICTION AND VIOLATIONS OF CHAPTER 340A; CONSUMPTION AND DISPLAY PERMIT INELIGIBILITY.
Under section 340A.414, the commissioner of public safety may not issue a permit to an applicant who has, within five years prior to the application, been convicted of a felony or of violating any provision of chapter 340A or rules adopted under chapter 340A.
609B.170 LAWFUL GAMBLING AND GAMBLING DEVICES LICENSES; DISQUALIFICATIONS.
(a) Under section 349.155, in the case of licenses for manufacturers, distributors, distributor salespersons, linked bingo game providers, and gambling managers, the Gambling Control Board may not issue or renew a license under chapter 349, and shall revoke a license under chapter 349, if the applicant or licensee, or a director, officer, partner, governor, or person in a supervisory or management position of the applicant or licensee has been convicted of:
(1) a felony or a crime involving gambling;
(2) assault;
(3) a criminal violation involving the use of a firearm; or
(4) making terroristic threats.
(b) Under section 349.155, in the case of licenses for organizations, the Gambling Control Board may not issue or renew a license under chapter 349, and shall revoke a license under chapter 349, if the organization or an officer or member of the governing body of the organization has been convicted of:
(1) a felony or gross misdemeanor involving theft or fraud; or
(2) a crime involving gambling.
609B.171 GAMBLING MANAGER'S LICENSE; DISQUALIFICATION.
Under section 349.167, the Gambling Control Board may not issue a gambling manager's license to a person applying for the license who has been convicted of a criminal violation involving fraud, theft, tax evasion, misrepresentation, or gambling.
609B.172 STATE LOTTERY EMPLOYMENT; INELIGIBILITY.
Under section 349A.02, no person may be employed by the State Lottery who has been convicted of a felony or a crime involving fraud or misrepresentation within five years of starting employment with the State Lottery, or has been convicted of a gambling-related offense.
609B.173 STATE LOTTERY RETAILERS; DISQUALIFICATION.
Under section 349A.06, subdivision 2, the director of the State Lottery may not contract with a retailer who has been convicted within the previous five years of a felony or gross misdemeanor, any crime involving fraud or misrepresentation, or a gambling-related offense.
609B.174 STATE LOTTERY RETAILERS; LICENSE CANCELLATION, SUSPENSION, AND REFUSAL TO RENEW CONTRACTS OR LOCATIONS.
Under section 349A.06, subdivision 11, the director of the State Lottery shall cancel the contract of any lottery retailer who has been convicted of a felony or gross misdemeanor or prohibit a lottery retailer who has been convicted of a felony or gross misdemeanor from selling lottery tickets at a business location.
609B.175 STATE LOTTERY VENDOR CONTRACTS; INELIGIBILITY.
Under section 349A.07, the director of the State Lottery may not enter into a lottery procurement contract with an applicant who has been convicted of a felony within the last ten years, has been convicted of a gross misdemeanor or gambling-related misdemeanor within the last five years, or has been found guilty of any crime involving fraud or misrepresentation within the last five years.
609B.176 INCUMBENT'S CONVICTION; VACATE OFFICE.
Under section 351.02, a public office shall become vacant following the incumbent's conviction of a crime or an offense involving a violation of the official oath.
609B.177 FELONY CONVICTION; VIOLATION OF FEDERAL LAW; PROHIBITION FROM FIDUCIARY STATUS.
Under section 356A.03, a person, other than a constitutional officer of the state, who has been convicted of a violation under section 356A.03, subdivision 3, may not serve in a fiduciary capacity identified in section 356A.02.
609B.179 LOCAL GOVERNMENT; COLLATERAL SANCTIONS.
Sections 609B.180 to 609B.189 provide references to collateral sanctions related to local government.
609B.180 REMOVAL FROM OFFICE.
A person convicted of violating section 365.37, a provision regulating bid requirements of towns, must leave office.
609B.181 TOWN TREASURER NEGLECT OF DUTY; FORFEITURE OF OFFICE.
A town treasurer convicted under section 367.17 for refusing or neglecting to comply with section 367.16 shall forfeit office as treasurer.
609B.183 CONVICTION; ST. LOUIS COUNTY CIVIL SERVICE INELIGIBILITY.
A conviction under section 383C.055 shall render the public office or position held by the convicted person vacant.
609B.184 COUNTY AUDITOR'S MALFEASANCE; VACATE OFFICE.
Under section 384.03, if the county auditor is convicted on any neglect of duty or offense charge related to office, the office shall be deemed vacant.
609B.185 SHERIFF'S DEPARTMENT EMPLOYMENT; DISQUALIFICATION.
A person who has been found guilty of criminal conduct is ineligible for employment as a sheriff under section 387.36.
609B.187 CONVICTION; POLICE DEPARTMENT SERVICE INELIGIBILITY.
Under section 419.06, a candidate or eligible person who, after the entry of the eligible person's name, has been found guilty of criminal conduct shall be rejected from police department employment.
609B.188 CONVICTION; FIRE DEPARTMENT SERVICE INELIGIBILITY.
Under section 420.07, a candidate or eligible person who, after the entry of the eligible person's name, has been found guilty of criminal conduct shall be rejected from fire department employment.
609B.189 CONVICTION FOR CONFLICT OF INTEREST; DISQUALIFICATION FROM LOCAL TRANSIT COMMISSION.
A person convicted of violating section 458A.02 shall be automatically removed from a position with the St. Cloud Metropolitan Transit Commission and shall be disqualified from holding the position.
609B.191 METROPOLITAN AREA OFFICERS AND PEACE OFFICERS.
Sections 609B.192 to 609B.195 provide references to metropolitan area officers and peace officers related to collateral sanctions.
609B.192 CONVICTION FOR ADVERSE INTEREST OF COMMISSIONER OF METROPOLITAN MOSQUITO CONTROL COMMISSION; DISQUALIFICATION FROM COMMISSION.
A commissioner of the Metropolitan Mosquito Control Commission convicted of violating section 473.706 shall be automatically disqualified from further service on the commission.
609B.193 BRIBERY CONVICTION; FORFEITURE OF OFFICE AND DISQUALIFICATION.
Under section 609.42, subdivision 2, a public officer convicted of violating or attempting to violate section 609.42, subdivision 1, shall forfeit the office and be disqualified from holding public office.
609B.194 FELONY CONVICTION; AUTOMATIC PEACE OFFICER LICENSE REVOCATION.
Under section 626.8431, the license of a peace officer convicted of a felony is automatically revoked.
609B.195 CONVICTION FOR LOCKUP VIOLATIONS; DISQUALIFICATION FROM POSITION.
A person convicted of violating section 642.13 is disqualified from holding the office of sheriff, jailer, police officer, marshal, or keeper of any jail or lockup for a period of six years.
609B.200 DRIVING AND MOTOR VEHICLES; GENERALLY.
Sections 609B.201 to 609B.277 provide references to collateral sanctions related to driving and motor vehicles.
609B.201 CONTROLLED SUBSTANCE OFFENSE; REVOCATION.
(a) If a court determines under section 152.0271 that a person convicted of a controlled substance offense under sections 152.021 to 152.027 committed the crime while driving a motor vehicle, the court must notify the commissioner of public safety and order the commissioner to revoke the license for 30 days.
(b) A person's driver's license is revoked under section 171.172 if that person is convicted or adjudicated for a controlled substance offense under chapter 152.
609B.203 FAILURE TO PRODUCE PROOF OF INSURANCE; REVOCATION.
(a) A person's driver's license is revoked under section 169.792, subdivision 7, if that person, whether a driver or motor vehicle owner, fails to provide proof of insurance under the requirements of section 169.792.
(b) If a person whose driver's license has been revoked under the circumstances specified in paragraph (a) is also the owner of the motor vehicle, the motor vehicle registration is also revoked under section 169.792, subdivision 12.
(c) A person, an owner, or, in certain circumstances, a driver, who operates a motor vehicle upon a public highway, road, or street, fails to have vehicle insurance, and contributes to a vehicle accident resulting in death or substantial bodily harm, is subject to revocation under section 169.797, subdivision 4, paragraph (c), for not more than 12 months.
609B.205 FLEEING PEACE OFFICER; REVOCATION.
A person's driver's license is revoked under section 171.174 if that person is convicted of fleeing a peace officer under section 609.487, subdivision 3 or 4. The periods of revocation vary depending upon the offense of conviction and whether the offense of conviction is a second or subsequent offense.
609B.206 DWI CONVICTIONS; LICENSE REVOCATIONS.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 169A.54.
Subd. 2.
Driving while impaired; revocation.
(a) A person's driver's license must be revoked for the following time periods if the person is convicted under section 169A.20:
(1) for an offense under section 169A.20, subdivision 1: not less than 30 days;
(2) for an offense under section 169A.20, subdivision 2: not less than 90 days;
(3) for an offense occurring within ten years of a qualified prior impaired driving incident:
(i) if the current conviction is for a violation of section 169A.20, subdivision 1, not less than 180 days; or
(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not less than one year;
(4) for an offense occurring within ten years of two qualified prior impaired driving incidents: not less than one year, together with denial; and
(5) for an offense occurring within ten years of the first of three or more qualified prior impaired driving incidents: not less than two years, together with denial.
(b) If a person is convicted of violating section 169A.20 while under the age of 21, the commissioner of public safety shall revoke the offender's driver's license for a period of six months, or for the appropriate period of time under paragraph (a), clauses (1) to (5), for the offense committed, whichever is the greatest period.
609B.216 REVOCATION OF DRIVER'S LICENSES; OFFENSES.
Under section 171.17, the Department of Public Safety is required to revoke a person's driver's license upon receiving a record of the driver's conviction of any offense specified in subdivision 1, paragraph (a), clauses (1) to (10).
609B.231 COMMERCIAL VEHICLE VIOLATIONS; REVOCATION.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 168.013.
Subd. 2.
Revocation.
(a) In addition to criminal penalties, a person driving commercial vehicles with an excess of gross weight is subject under section 168.013, subdivision 3, paragraph (d), under certain circumstances, to cancellation of the certificate of registration and impoundment of registration plates.
(b) A person operating a commercial motor vehicle who commits a specified first or second driving offense, a defined serious traffic violation, a violation of an out-of-service order, or a railroad grade crossing violation is disqualified under section 171.17 from operating a commercial motor vehicle for varying periods depending upon the offense committed as set forth in section 171.17, subdivision 1.
609B.235 DRIVING AND LICENSE VIOLATIONS; PLATE IMPOUNDMENT.
Subdivision 1.
Scope.
The collateral sanctions found in this section are codified in section 169A.60.
Subd. 2.
Plate impoundment.
When a person is arrested for or charged with a plate impoundment violation, the commissioner of public safety may issue an impoundment order. Under section 169A.60, subdivision 1, paragraph (d), "plate impoundment violation" includes:
(1) a violation of section 169A.20, 169A.52, or 171.177 resulting in revocation of a person's driver's license within ten years of a qualified prior impaired driving incident;
(2) a license disqualification under section 171.165 resulting from violation of section 169A.52 or 171.177 within ten years of a qualified prior impaired driving incident;
(3) a violation of section 169A.20, 169A.52, or 171.177 while having an alcohol concentration of 0.20 percent or more measured at the time or within two hours of the time of offense;
(4) a violation of section 169A.20, 169A.52, or 171.177 while having a child under the age of 16 in the vehicle if the child is more than 36 months younger than the offender; or
(5) a violation of section 171.241 by a person whose driver's license has been canceled under section 171.04, subdivision 1, clause (10), inimical to public safety.
609B.237 IMPOUNDING REGISTRATION PLATES.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 168.041.
Subd. 2.
Driving after suspension, revocation, or cancellation.
A person convicted of driving a self-propelled motor vehicle after suspension, revocation, or cancellation of the person's driver's license shall have the registration plates impounded under section 168.041, subdivision 1.
Subd. 3.
Moving violations; previous convictions.
If a person is convicted of a moving violation and has a previous conviction, the court may order the commissioner of public safety to suspend the person's driver's license for a period not exceeding one year under section 168.041, subdivision 2.
609B.241 FAILURE TO PRODUCE PROOF OF INSURANCE; REVOCATION; REINSTATEMENT.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 171.29.
Subd. 2.
Examination required.
A person whose license has been revoked under sections 169.791, 169.792, 169.797, 169A.52, 171.17, and 171.177 must successfully pass an examination required by the commissioner of safety to be issued another license.
Subd. 3.
Reinstatement fees.
A person whose license has been revoked under sections 169A.52, 169A.54, 171.177, and 609.2112 to 609.2114 must pay varying fees and surcharges for driver's license reinstatement.
Subd. 4.
Compliance with impoundment laws.
A person whose license was revoked under section 169A.52, 169A.54, or 171.177 may not be issued another license at the end of the revocation period unless all applicable registration plate impoundment provisions have been complied with.
609B.245 LIMITED LICENSE.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 171.30.
Subd. 2.
Conditions of issuance.
A person whose license has been suspended under section 171.173, 171.18, or 171.186, or revoked under section 169.792, 169.797, 169A.52, 169A.54, 171.17, 171.172, or 171.177, must satisfy certain conditions set forth in section 171.30, subdivision 1, to acquire a limited license.
Subd. 3.
Waiting periods.
Section 171.30, subdivisions 2, 2a, 2b, and 2c, set forth varying waiting periods for revocations under specified statutes.
609B.255 SCHOOL BUS ENDORSEMENT OR PRIVILEGE TO OPERATE; CANCELLATION.
Subdivision 1.
Disqualifying offense; permanent cancellation.
If a school bus driver is convicted of a disqualifying offense, as defined under section 171.3215, subdivision 1, the commissioner of public safety shall permanently cancel the offender's endorsement to drive a school bus.
Subd. 2.
Certain other convictions; cancellation for five years.
(a) A school bus driver's endorsement shall be canceled for five years under section 171.3215, subdivision 2, for a conviction under section 169A.20 or for a revocation of a school bus driver's license under section 169A.52 or 171.177.
(b) If a school bus driver has certain multiple convictions, under varying circumstances, that driver's endorsement shall be canceled for five years as set forth in section 171.3215, subdivision 2.
Subd. 3.
Crimes against minor; permanent cancellation.
If a Head Start bus driver is convicted of certain crimes against a minor, that driver's passenger endorsement shall be permanently canceled under section 171.3215, subdivision 3. "Crimes against a minor" is defined in section 171.3215, subdivision 3. "Head Start bus driver" is defined in section 171.3215, subdivision 1.
Subd. 4.
Conviction for certain offenses; additional conditions for endorsements.
Applicants having been convicted of certain offenses are required to satisfy additional conditions in seeking renewal or issuance of a bus driver's endorsements under section 171.3215, subdivision 3.
Subd. 5.
Waiver of permanent cancellation.
Under section 171.3215, subdivision 4, the commissioner of public safety may waive the permanent cancellation requirement for specified crimes.
609B.262 INSTRUCTIONAL PERMIT ELIGIBILITY.
Subd. 2.
No instruction permit issuance.
A person who is under 18 years of age shall not be issued a permit under section 171.05, subdivision 1a, if the person has been convicted of a violation of section 169A.20, 169A.33, 169A.35, sections 169A.50 to 169A.53, or section 171.177, or a crash-related moving violation.
Subd. 3.
Permit use.
A permit holder must maintain a driving record free of convictions for moving violations, as defined in section 171.04, subdivision 1, and free of convictions of the offenses specified in section 171.05, subdivision 2b.
609B.263 PERSONS NOT ELIGIBLE FOR DRIVER'S LICENSES.
A person applying for a license must, under section 171.04, subdivision 1, for 12 months consecutive preceding application, while holding a provisional license, have incurred no convictions for a violation of section 169A.20, 169A.33, 169A.35, sections 169A.50 to 169A.53, or section 171.177, no convictions for a crash-related moving violation, or not more than one conviction for a moving violation that is not crash related. "Moving violation" means a violation of a traffic violation but does not include a parking violation or warning citation.
Section 171.04, subdivision 1, clauses (2) to (14), set forth further eligibility criteria, including categories of ineligible persons.
609B.265 PROVISIONAL LICENSE ELIGIBILITY.
Subd. 2.
Eligibility.
A person applying for a provisional license must, under section 171.055, subdivision 1, paragraph (a), clause (2), for six months immediately preceding application for the provisional license, have possessed an instruction permit and have incurred no convictions for a violation of section 169A.20, 169A.33, 169A.35, sections 169A.50 to 169A.53, or section 171.177, no convictions for a crash-related moving violation, and no convictions for a moving violation that is not crash related.
Subd. 3.
No issuance.
Under section 171.055, subdivision 2, paragraph (b), if a holder of a provisional license during the period of provisional licensing incurs a conviction of an offense specified in that paragraph, then that person may not be issued a driver's license until 12 consecutive months have expired since the date of the conviction or until the person reaches the age of 18 years, whichever occurs first.
609B.271 UNDERAGE DRINKING OFFENSE; REVOCATION.
(a) A person's driver's license is revoked for 30 days if the person is under the age of 21 and convicted of driving, operating, or controlling a motor vehicle while consuming alcoholic beverages in violation of section 169A.33.
(b) A person's driver's license is revoked for 180 days if the person has previously been convicted of driving, operating, or controlling a motor vehicle while under the age of 21 while consuming alcoholic beverages as described in paragraph (a) and is convicted again.
609B.273 UNDERAGE DRINKING OFFENSE; SUSPENSION.
Under section 171.173, a person convicted of or a juvenile adjudicated for an underage drinking offense under section 340A.503, subdivision 1, paragraph (a), shall have the person's license suspended if the commissioner of public safety has been notified by the court of a 30-day or 180-day suspension under section 169A.33, subdivision 4.
609B.275 COMMERCIAL DRIVER'S LICENSE; DISQUALIFICATION.
Subdivision 1.
Disqualification.
A person is disqualified from operating a commercial motor vehicle in accordance with the driver disqualifications and penalties in Code of Federal Regulations, title 49, part 383, subpart D, and Code of Federal Regulations, title 49, section 384.219.
Subd. 2.
Implied consent revocation.
A person is disqualified from operating a commercial motor vehicle in accordance with the driver disqualifications and penalties in Code of Federal Regulations, title 49, part 383, subpart D.
609B.277 ILLEGAL PURCHASE OF ALCOHOL OR TOBACCO; SUSPENSION.
A person's driver's license is suspended for 90 days for various selling and purchasing alcohol or tobacco offenses as set forth in section 171.171.
609B.301 DEFINITION.
For purposes of sections 609B.310 to 609B.312, with respect to persons convicted of a crime, "committed" means committed to the custody of the commissioner of corrections.
609B.310 PRISON PROGRAM ELIGIBILITY; COLLATERAL SANCTIONS.
Sections 609B.311 and 609B.312 provide references to collateral sanctions related to prison program eligibility.
609B.311 MURDER CONVICTION; HIGHER EDUCATION PAYMENTS FOR PRISON INMATES LIMITED.
Section 241.265 prohibits the commissioner of corrections from paying for certain higher education programs for an inmate convicted of first- or second-degree murder.
609B.312 CHALLENGE INCARCERATION PROGRAM; ELIGIBILITY.
Under section 244.17, offenders committed for a conviction listed in section 244.17, subdivision 3, clause (1), or persons convicted within the preceding ten years of an offense listed in that section and committed for some other offense, are not eligible to be placed in the challenge incarceration program.
609B.320 OFFENDER REGISTRATION; COLLATERAL SANCTIONS.
Section 609B.321 provides references to collateral sanctions related to offender registration.
609B.321 CRIMINAL CONVICTION; PREDATORY OFFENDERS REGISTRATION REQUIRED.
A person must register as a predatory offender under section 243.166 for convictions of crimes listed under section 243.166, subdivision 1b.
609B.330 CRIMES AGAINST A PERSON; CRIMES OF VIOLENCE; COLLATERAL SANCTIONS.
Sections 609B.331 to 609B.333 provide references to collateral sanctions related to crimes against persons and crimes of violence.
609B.331 CRIME AGAINST THE PERSON CONVICTION; PREDATORY OFFENDER REGISTRATION REQUIRED.
A person convicted of a crime against the person as defined in section 243.167, subdivision 1, and meeting the conditions listed under section 243.167, subdivision 2, is required to register as a predatory offender under section 243.166.
609B.332 CRIME OF VIOLENCE CONVICTION; USE OF POLICE COMMUNICATION EQUIPMENT PROHIBITED.
A person convicted of a crime of violence, as defined in section 624.712, subdivision 5, is not entitled to exercise the privilege granted under section 299C.37, subdivision 1, unless ten years have elapsed since the person has been restored to civil rights or the sentence has expired, whichever occurs first, and during that time the person has not been convicted of any other crime of violence, as defined under section 299C.37, subdivision 1.
609B.333 CRIME OF VIOLENCE CONVICTION; POSSESSION OF FIREARMS PROHIBITED.
Under section 609.165, subdivision 1a, a person convicted of a crime of violence is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime, even after the person's civil rights have been restored.
609B.340 POSSESSION OF FIREARMS, EXPLOSIVES, SIMILAR DEVICES.
Sections 609B.341 to 609B.345 provide references to collateral sanctions related to possession of firearms, explosives, and similar devices.
609B.341 DOMESTIC ABUSE ACT; PISTOL POSSESSION PROHIBITION FOR REPEAT OFFENDERS.
If convicted under section 518B.01, subdivision 14, paragraph (b) or (c), a person meeting the conditions set forth in section 518B.01, subdivision 14, paragraph (l), is not entitled to possess a pistol. Property rights may not be abated but access may be restricted by the courts.
609B.342 CRIMINAL CONVICTION; POSSESSION OF FIREARMS; PROHIBITION.
Section 624.713 determines the conditions and circumstances under which a person convicted of a crime is prohibited from the possession of a pistol or semiautomatic military-style weapon.
609B.343 CRIME OF VIOLENCE OR CONTROLLED SUBSTANCE CONVICTION; EXPLOSIVES LICENSE OR PERMIT PROHIBITED.
Under section 299F.77, the following are not entitled to receive an explosives license or permit:
(1) a person convicted of a crime of violence, as defined in section 299F.72, unless ten years have elapsed since the person's civil rights have been restored or the sentence has expired, whichever occurs first, and during that time the person has not been convicted of any other crime of violence; and
(2) a person convicted of use, possession, or sale of a controlled substance other than conviction for possession of a small amount of marijuana, as defined in sections 152.01 and 152.02.
609B.344 RESTORATION OF CIVIL RIGHTS; POSSESSION OF EXPLOSIVE OR INCENDIARY DEVICES PROHIBITED.
Section 609.668 prohibits a person from having possession of explosive or incendiary devices if the person was convicted of:
(1) a crime of violence and ten years have not elapsed since civil rights have been restored; and
(2) unlawful use, possession, or sale of a controlled substance, other than conviction for possession of a small amount of marijuana.
609B.345 POSSESSION OF TEAR GAS, TEAR GAS COMPOUNDS, ELECTRONIC INCAPACITATION DEVICES; PROHIBITION.
Section 624.731, subdivision 3, prohibits a person who is prohibited from possessing a pistol pursuant to section 624.713, subdivision 1, clauses (2) to (5), from possession of tear gas, tear gas compounds, and electronic incapacitation devices.
609B.400 SERVICES AND BENEFITS; GENERALLY.
Sections 609B.405 to 609B.465 provide references to collateral sanctions related to services and benefits.
609B.405 CONVICTED CURRENTLY SERVING SENTENCE, ON PROBATION, OR ON PAROLE; INTERSTATE COMPACT FOR MENTAL HEALTH SERVICES CONTRACTS PROHIBITED.
Under section 245.50, a county board or the commissioner of human services may not contract under the Interstate Compact for Mental Health Services with a bordering state for mental health services for persons on probation or parole, or who are serving a sentence after conviction for a criminal offense.
609B.410 WRONGFULLY OBTAINED ASSISTANCE.
The amount of assistance determined to be obtained in violation of section 256.98, paragraph (a), clauses (1) to (3), is recoverable from specified persons who wrongfully obtained assistance.
609B.415 PERSONAL CARE PROVIDER ORGANIZATIONS; BACKGROUND STUDIES; DISQUALIFICATION.
A person who is an owner or a managerial official of a personal care provider organization is subject to a human services background study under chapter 245C and may be disqualified from providing home care services if that person is found to have been convicted of felonies specified in chapter 245C.
609B.425 DRUG OFFENSE; FLEEING FELONS; GENERAL ASSISTANCE BENEFITS; ELIGIBILITY.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 256D.024.
Subd. 2.
Benefit eligibility.
(a) A person convicted of a drug offense after July 1, 1997, is ineligible for general assistance benefits and Supplemental Security Income under chapter 256D until:
(1) five years after completing the terms of a court-ordered sentence; or
(2) unless the person is participating in a drug treatment program, has successfully completed a program, or has been determined not to be in need of a drug treatment program.
(b) A person who becomes eligible for assistance under chapter 256D is subject to random drug testing and shall lose eligibility for benefits for five years beginning the month following:
(1) any positive test for an illegal controlled substance; or
(2) discharge of sentence for conviction of another drug felony.
(c) Parole violators and fleeing felons are ineligible for benefits and persons fraudulently misrepresenting eligibility are also ineligible to receive benefits for ten years.
609B.430 MEDICAL ASSISTANCE; INCARCERATION; ELIGIBILITY.
A person who is enrolled in medical assistance and incarcerated for less than 12 months is suspended from the program under section 256B.055, subdivision 14, paragraph (b), from the time of incarceration until release.
609B.435 DRUG AND OTHER OFFENDERS; MINNESOTA FAMILY INVESTMENT PROGRAM; SANCTIONS.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 256J.26.
Subd. 2.
Drug offenders; random testing; sanctions.
A person who is an applicant for benefits from the Minnesota family investment program or MFIP, the vehicle for temporary assistance for needy families or TANF, and who has been convicted of a drug offense shall be subject to certain conditions, including random drug testing, in order to receive MFIP benefits. Following any positive test for a controlled substance, the convicted applicant or participant is subject to the following sanctions:
(1) a first time drug test failure results in a reduction of benefits in an amount equal to 30 percent of the MFIP standard of need; and
(2) a second time drug test failure results in permanent disqualification from receiving MFIP assistance.
A similar disqualification sequence occurs if the applicant is receiving food stamps.
Subd. 3.
Parole violators; fleeing felons; sanctions.
(a) An individual violating a condition of probation, parole, or supervised release is disqualified from receiving MFIP.
(b) An individual who is fleeing to avoid prosecution, custody, or confinement after conviction of a felony crime is disqualified from receiving MFIP.
(c) An individual who fraudulently misrepresents the individual's place of residence in order to receive assistance simultaneously from two or more states is disqualified from receiving MFIP for ten years.
609B.445 CERTAIN CONVICTIONS; PROSPECTIVE ADOPTIVE PARENTS; DISQUALIFICATION.
Under section 259A.10, subdivision 4, a disqualifying condition for adoption exists if a criminal background check reveals a felony conviction for child or spousal abuse; for a crime against children; for a crime involving violence, including rape, sexual assault, or homicide; or for a felony conviction within the past five years for physical assault, battery, or a drug-related offense.
609B.450 GASOLINE AND SPECIAL FUEL TAX REFUND SANCTIONS.
Under sections 296A.16 and 296A.23, a person who makes a false claim for a fuel tax refund is guilty of a felony and, if convicted, shall be prohibited from filing for a refund upon gasoline purchased within six months after the conviction.
609B.455 PUBLIC PENSION; HOMICIDE; BENEFIT LOSS.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 356.406.
Subd. 2.
Homicide; loss of death benefits.
A person charged with a felony causing the death of a public pension plan member has the entitlement to the pension suspended.
Subd. 3.
Forfeiture of survivor benefits upon felony conviction.
A person who is a survivor and convicted of a felony that caused the death of a public pension member forfeits the survivor pension benefit.
Subd. 4.
Benefit recovery.
If pension benefits have already been paid, the chief administrative officer of the pension plan must attempt to recover amounts paid.
609B.460 FORMER MINNEAPOLIS POLICE RELIEF ASSOCIATION SERVICE PENSIONER; FELONS NOT ENTITLED TO PENSION DURING INCARCERATION.
A person who is a member of the public employees police and fire retirement plan, who was a member of the former Minneapolis Police Relief Association, and who was convicted of a felony, is not entitled to a pension or an annuity from the public employee police and fire retirement plan during the person's period of incarceration in a penal institution.
609B.465 EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT TENANTS, LIFE INSURANCE.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 524.2-803.
Subd. 2.
Surviving spouse, heir, or devisee.
A surviving spouse, heir, or devisee who feloniously and intentionally kills the decedent is treated as if that person predeceased the decedent.
Subd. 3.
Joint tenant.
A joint tenant who feloniously and intentionally kills another joint tenant, thereby effects a severance of the interest so the property passes as the decedent's and the killer has no rights of survivorship.
Subd. 4.
Bond.
A named beneficiary of a bond who feloniously and intentionally kills the principal obligee is not entitled to any benefit.
Subd. 5.
Life insurance.
A named beneficiary of a life insurance policy who feloniously and intentionally kills the person upon whose life the policy is issued is not entitled to any benefit under the policy.
Subd. 6.
Other interests.
Any other acquisition of property or interest by the killer shall be treated as provided in section 524.2-803.
609B.500 PROPERTY RIGHTS; GENERALLY.
Sections 609B.505 to 609B.545 provide references to collateral sanctions related to property rights.
609B.505 BURGLARY; CONFISCATION OF SNOWMOBILE.
Under section 84.89, if a person is convicted of burglary, as defined in section 609.582, and uses a snowmobile for committing the crime, the snowmobile shall be seized. The snowmobile's seizure and use of the proceeds from a sale are governed by section 97A.225.
609B.510 SEIZURE OF FIREARMS AND OTHER PROPERTY.
Under section 97A.223, a Department of Natural Resources enforcement officer must seize firearms possessed in violation of state or federal law and property described in section 97A.221, subdivision 1.
609B.515 DWI; VEHICLE FORFEITURE.
Under section 169A.63, a motor vehicle is subject to forfeiture if a driver is convicted of a "designated offense," as defined in section 169A.63, subdivision 1.
Section 169A.63, subdivision 7, specifies limitations on vehicle forfeiture. Section 169A.63, subdivisions 8 and 9, provide for administrative forfeiture procedure and judicial forfeiture procedure. Section 169A.63, subdivisions 10 and 11, provide for disposition of a forfeited vehicle.
609B.518 GAME AND FISH VIOLATIONS; SEIZURE OF MOTOR VEHICLES AND BOATS.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 97A.225.
Subd. 2.
Vehicle forfeiture.
A motor vehicle is subject to forfeiture if it is used to:
(1) shine wild animals (using artificial lights to hunt animals);
(2) transport big game animals illegally taken or fur-bearing animals illegally purchased; or
(3) transport minnows in violation of law.
Subd. 3.
Boat or motor forfeiture.
Boats and motors are subject to forfeiture when they are used to:
(1) net fish on specified lakes;
(2) violate certain licensing or operating requirements; and
(3) take, possess, or transport wild animals.
609B.520 GAMBLING VIOLATIONS; ACTIVITIES RESTRICTED.
Under section 299L.05, a person convicted of violating section 609.76, subdivision 1, clause (7), or 609.76, subdivision 2, is prohibited from having lawful gambling under chapter 349 conducted on the person's premises, or selling any lottery tickets under chapter 349A.
609B.525 CRUELTY TO ANIMALS; FORFEITURE OF ANIMALS.
Under section 343.21, a person convicted of overworking or mistreating an animal is required to turn over other animals in control of the person unless the court determines the person is able and fit to provide adequately for the animals.
609B.530 CRUELTY TO ANIMALS; JUDGMENT FOR EXPENSES OF INVESTIGATIONS.
Under section 343.23, if a person is found guilty of cruelty to animals under chapter 343, the costs of investigation, disposing of animals, and any other expenses shall result in a judgment against the guilty person for all expenses.
609B.535 DANGEROUS ANIMALS VIOLATION; ANIMALS SEIZED AND DESTROYED.
Under section 609.227, if a person is convicted of a dangerous animal violation under section 609.205, clause (4); or 609.226, subdivision 1, 2, or 3, the animal shall be seized and killed, and the convicted owner shall pay the cost of confining and killing the animal.
609B.540 POSSESSION OR CONTROL OF OBSCENE MATERIAL; DESTRUCTION OF PROPERTY.
A person convicted of possessing obscene books or other matter under sections 617.241 to 617.26 shall have the material seized and destroyed by court order under section 617.27.
609B.545 OWNERSHIP RESTRICTION ON ADULT BUSINESS ESTABLISHMENTS.
Under section 617.242, a person convicted of a specified sex or other related crime may not operate or manage an adult entertainment establishment for three years after discharge of the sentence for the offense.
609B.600 CIVIL RIGHTS AND REMEDIES; GENERALLY.
Sections 609B.610 to 609B.615 provide references to collateral sanctions related to civil rights and remedies.
609B.610 FELONY OR TREASON; INELIGIBLE TO VOTE.
An individual convicted of treason or any felony whose civil rights have not been restored is not eligible to vote under section 201.014.
609B.611 CRIME OF VIOLENCE; INELIGIBILITY TO POSSESS FIREARMS; RESTORATION OF CIVIL RIGHTS.
(a) Under section 242.31, a person convicted of a crime of violence is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime, even after the person's civil rights have been restored, unless the exception under United States Code, title 18, section 925, or section 609.165, subdivision 1d, applies.
(b) Under section 609.165, subdivision 1a, a person convicted of a crime of violence is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime, even after the person's civil rights have been restored.
609B.612 FELONY CONVICTION; NAME CHANGES.
Under section 259.13, a person with a felony conviction is required to serve notice of application for a name change to the prosecuting authority that obtained the conviction, or if the conviction was from another state or federal jurisdiction, notice of application must also be served on the attorney general.
609B.613 FELONY CONVICTION; APPLICATION FOR MARRIAGE LICENSE; CHANGE OF NAME UPON MARRIAGE.
Section 517.08 states that: (1) a person with a felony conviction applying for a marriage license must provide to the county proof of service upon the prosecuting authority and, if applicable, the attorney general, as required by section 259.13; and (2) that a person with a felony conviction may not use a different surname after marriage except as authorized by section 259.13.
609B.614 CIVIL REMEDY FORFEITED; CONVICTED PROHIBITED FROM RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL ACT.
Under section 611A.08, a person convicted of a crime is barred from recovering for injuries sustained during the course of criminal conduct, as defined under section 611A.08, subdivision 1.
609B.615 COMMERCIAL PROFITING FROM CRIME PROHIBITED.
Section 611A.68 prohibits the commercial profiting from crime for ten years following conviction of a felony. If an offender is imprisoned following the conviction, the ten-year period begins on the date of the offender's release from prison.
609B.700 RECREATIONAL ACTIVITIES; GENERALLY.
Section 609B.710 provides references to collateral sanctions related to recreational activities.
609B.710 YOUTH OPERATOR VIOLATIONS; WATERCRAFT OPERATOR'S PERMIT REVOCATION.
Subdivision 1.
Operator's permit revocation.
An operator age 13 years of age or older but younger than 18 years of age adjudicated by a juvenile court as having violated section 86B.311, subdivision 1, 86B.341, or 169A.20, shall have the operator's permit revoked by the commissioner of natural resources.
Subd. 2.
Surrender of permit.
A juvenile adjudicated of the offense listed in subdivision 1 shall be required to surrender the watercraft operator's permit, which shall be forwarded by the court to the commissioner of natural resources with a record of the adjudication.
609B.720 GAME AND FISH LAW; COLLATERAL SANCTIONS.
Sections 609B.721 to 609B.725 provide references to collateral sanctions related to game and fish laws.
609B.721 CRIMINAL CONVICTIONS; VALIDITY AND ISSUANCE OF LICENSES UPON CONVICTION.
Subdivision 1.
Scope.
The collateral sanctions discussed in this section are codified in section 97A.421. That section governs the validity and issuance of game and fish licenses after a conviction.
Subd. 2.
Annual license void.
(a) The annual license of a person convicted of a violation of the game and fish laws relating to the license or wild animals covered by the license is void under conditions set forth in section 97A.421, subdivision 1.
(b) Except for big game licenses and as otherwise provided for in section 97A.421, for one year after a conviction, the person may not obtain the kind of license or take wild animals under a lifetime license issued under section 97A.473 or 97A.474, relating to the game and fish law violation.
Subd. 3.
Issuance of license after buying and selling wild animals.
After being convicted of buying or selling game fish, big game, or small game and the total amount of the sale is $300 or more, a person may not obtain a license to take any wild animal or take wild animals under a lifetime license issued under section 97A.473 or 97A.474, for a period of three years.
Subd. 4.
License revocation after conviction.
(a) A person may not obtain a license to take a wild animal and is prohibited from taking wild animals for a period of five years after the date of conviction of a violation when:
(1) the restitution value of the wild animals is $5,000 or more; or
(2) the restitution value of the wild animals exceeds $500 and the violation occurs within ten years of one or more previous license revocations under section 97A.421, subdivision 2a. Multiple revocations shall be consecutive and no wild animals of any kind may be taken during the entire period.
(b) A person may not obtain a license to take the type of wild animals involved in a violation where the restitution value of the wild animals exceeds $500 and is prohibited from taking the type of wild animals involved in the violation for a period of three years after the date of conviction of a violation.
Subd. 5.
Issuance of big game license after conviction.
A person may not obtain any big game license or take big game under a lifetime license for three years after the person is convicted of:
(1) a gross misdemeanor violation under the game and fish laws relating to big game;
(2) doing an act without a required big game license; or
(3) the second violation within three years under the game and fish laws relating to big game.
Subd. 6.
Issuance after intoxication or narcotics conviction.
A person convicted of a violation under section 97B.065, relating to hunting while intoxicated or using narcotics, may not obtain a license to hunt with a firearm or by archery, or hunt with a firearm or by archery under a lifetime license, for five years after a conviction.
Subd. 7.
Suspension for failure to appear in court or pay fine or surcharge.
If a person:
(1) fails to appear for court under a summons issued for a violation of the game and fish laws; or
(2) has been convicted of violating a provision of the game and fish laws, has been sentenced to the payment of a fine or had a surcharge levied against them, and refused or failed to comply with that sentence the person's game and fish license and permit privileges shall be suspended until the person complies.
609B.722 LICENSE AGENT VIOLATIONS; FORFEITURE OF RIGHT TO SELL AND HANDLE LICENSES.
License agents that violate Department of Natural Resources laws or rules relating to license sales, handling, or accounting forfeit the right to sell and handle licenses under section 97A.311.
609B.723 HUNTING WHILE UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE; HUNTING LIMITATIONS.
Upon conviction for hunting while under the influence of alcohol or a controlled substance under section 97B.065, a person is subject to the limitations on hunting privileges provided in section 97A.421.
609B.724 TRESPASSING; LICENSE AND REGISTRATION RESTRICTIONS.
(a) Under section 97A.315, if a person is convicted of trespassing while exercising or attempting to exercise an activity licensed under game and fish laws, or requiring snowmobile registration under section 84.82, the applicable license and registration are null and void.
(b) A person convicted of a gross misdemeanor under section 97A.315 may not be issued a license to take game for two years after the conviction.
609B.725 UNLAWFULLY BUYING OR SELLING WILD ANIMALS; LICENSE VOID.
Licenses possessed by a person convicted under section 97A.325, subdivision 1, are null and void and the person may not take wild animals for three years after the conviction.