HF 3957

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 02:05pm

A bill for an act
relating to public safety; authorizing the commissioner of public safety to mobilize
specialized emergency response teams; clarifying victim request of notification
of civil commitment; clarifying Office of Justice Programs in the Department of
Public Safety as the designated agency responsible for domestic abuse funding;
authorizing the commissioner of public safety to accept donations, nonfederal
grants, bequests, and other gifts of money; providing for the expiration of certain
reports to the legislature by the Department of Public Safety; defining hazardous
materials response teams; modifying the Bureau of Criminal Apprehension's
questioned identity process; modifying language regarding smoke alarms;
modifying crime of computer theft to include copies of data; amending Minnesota
Statutes 2020, sections 12.351; 256I.04, subdivision 2g; 299A.49, subdivision 2;
299A.50, subdivision 1; 299A.51; 299F.362; 609.87, by adding a subdivision;
609.89, subdivision 1; 629.341, subdivisions 3, 4; 629.72, subdivision 6; Minnesota
Statutes 2021 Supplement, sections 253B.18, subdivision 5a; 253D.14, subdivision
2; proposing coding for new law in Minnesota Statutes, chapters 299A; 299C;
repealing Minnesota Statutes 2020, section 299A.49, subdivision 7.

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

Section 1.

Minnesota Statutes 2020, section 12.351, is amended to read:

12.351 SPECIALIZED EMERGENCY RESPONSE TEAM.

The deleted text begin state director of the Division of Homeland Security and Emergency Management
shall deleted text end new text begin commissioner of public safety or a designee must new text end determine if, in response to an
emergency or disaster, activation of a specialized emergency response team for deployment
to any political subdivision is in the public interest. If so, the deleted text begin state director deleted text end new text begin commissioner new text end
may activate a team. When activated by the deleted text begin state director deleted text end new text begin commissioner new text end , team members not
employed by any political subdivision struck by the emergency or disaster are deemed
employees of the state for purposes of workers' compensation and tort claim defense and
indemnification. The provisions of chapter 176 and other applicable statutes must be followed
for purposes of calculating workers' compensation benefits.

Sec. 2.

Minnesota Statutes 2021 Supplement, section 253B.18, subdivision 5a, is amended
to read:

Subd. 5a.

Victim notification of petition and release; right to submit statement.

(a)
As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime the
behavior for which forms the basis for a commitment under this section or chapter 253D;
and

(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision
5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal
Procedure, rule 20.02, that the elements of a crime have been proved, and findings in
commitment cases under this section or chapter 253D that an act or acts constituting a crime
occurred or were part of their course of harmful sexual conduct.

(b) A county attorney who files a petition to commit a person under this section or chapter
253D shall make a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In addition, the county attorney shall
make a reasonable effort to promptly notify the victim of the resolution of the petition and
the process for requesting notification of an individual's change in status as provided in
paragraph (c). new text begin A notice shall only be provided to a victim who has submitted a written
request for notification to the prosecutor.
new text end

(c) A victim may request notification of an individual's discharge or release as provided
in paragraph (d) by submitting a written request for notification to the executive director of
the facility in which the individual is confined. The Department of Corrections or a county
attorney who receives a request for notification from a victim under this section shall
promptly forward the request to the executive director of the treatment facility in which the
individual is confined.

(d) Before provisionally discharging, discharging, granting pass-eligible status, approving
a pass plan, or otherwise permanently or temporarily releasing a person committed under
this section from a state-operated treatment program or treatment facility, the head of the
state-operated treatment program or head of the treatment facility shall make a reasonable
effort to notify any victim of a crime for which the person was convicted that the person
may be discharged or released and that the victim has a right to submit a written statement
regarding decisions of the medical director, special review board, or commissioner with
respect to the person. To the extent possible, the notice must be provided at least 14 days
before any special review board hearing or before a determination on a pass plan.
Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of this section.
The judicial appeal panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4. These notices shall only be provided to victims who
have submitted a written request for notification as provided in paragraph (c).

(e) The rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.

Sec. 3.

Minnesota Statutes 2021 Supplement, section 253D.14, subdivision 2, is amended
to read:

Subd. 2.

Notice of filing petition.

A county attorney who files a petition to commit a
person under this chapter shall make a reasonable effort to provide prompt notice of filing
the petition to any victim of a crime for which the person was convicted or was listed as a
victim in the petition of commitment. In addition, the county attorney shall make a reasonable
and good faith effort to promptly notify the victim of the resolution of the process for
requesting the notification of an individual's change in status as provided in section 253D.14,
subdivision 3. new text begin A notice shall only be provided to a victim who has submitted a written
request for notification to the prosecutor.
new text end

Sec. 4.

Minnesota Statutes 2020, section 256I.04, subdivision 2g, is amended to read:

Subd. 2g.

deleted text begin Crisis shelters deleted text end new text begin Domestic abuse programs new text end .

deleted text begin Secure crisis shelters for battered
women and their children designated by the Minnesota Department of Corrections deleted text end new text begin Programs
that provide services to victims of domestic abuse designated by the Office of Justice
Programs in the Department of Public Safety new text end are not eligible for housing support under this
chapter.

Sec. 5.

new text begin [299A.012] ACCEPTANCE OF PRIVATE FUNDS; APPROPRIATION.
new text end

new text begin The commissioner may accept donations, grants, bequests, and other gifts of money to
carry out the purposes of chapter 299A. Donations, nonfederal grants, bequests, or other
gifts of money accepted by the commissioner must be deposited in an account in the special
revenue fund and are appropriated to the commissioner for the purpose for which the funds
were given.
new text end

Sec. 6.

new text begin [299A.016] EXPIRATION OF REPORT MANDATES.
new text end

new text begin (a) If the submission of a report by the commissioner of public safety to the legislature
is mandated by statute and the enabling legislation does not include a date for the submission
of a final report, the mandate to submit the report shall expire in accordance with this section.
new text end

new text begin (b) If the mandate requires the submission of an annual report and the mandate was
enacted before January 1, 2022, the mandate shall expire on January 1, 2024. If the mandate
requires the submission of a biennial or less frequent report and the mandate was enacted
before January 1, 2022, the mandate shall expire on January 1, 2025.
new text end

new text begin (c) Any reporting mandate enacted on or after January 1, 2022, shall expire three years
after the date of enactment if the mandate requires the submission of an annual report and
shall expire five years after the date of enactment if the mandate requires the submission
of a biennial or less frequent report unless the enacting legislation provides for a different
expiration date.
new text end

new text begin (d) The commissioner shall submit a list to the chairs and ranking minority members of
the legislative committees with jurisdiction over public safety by February 15 of each year,
beginning February 15, 2023, of all reports set to expire during the following calendar year
in accordance with 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.
new text end

Sec. 7.

Minnesota Statutes 2020, section 299A.49, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Chemical assessment deleted text end new text begin Hazardous materials response new text end team.

" deleted text begin Chemical
assessment deleted text end new text begin Hazardous materials response new text end team" means a team (1) trained, equipped, and
authorized to evaluate and, when deleted text begin possible deleted text end new text begin feasible new text end , provide deleted text begin simple deleted text end mitigation to a hazardous
materials incident new text begin or release new text end and (2) required to recommend to the local incident manager
the best means of controlling the hazard after consideration of life safety concerns,
environmental effects, exposure hazards, quantity and type of hazardous material, availability
of resources, or other relevant factors.

Sec. 8.

Minnesota Statutes 2020, section 299A.50, subdivision 1, is amended to read:

Subdivision 1.

Elements of plan; rules.

After consultation with the commissioners of
natural resources, agriculture, transportation, and the Pollution Control Agency, the deleted text begin state
fire marshal deleted text end new text begin Department of Public Safety new text end , the Emergency Response Commission, appropriate
technical emergency response representatives, and representatives of affected parties, the
commissioner shall adopt rules to implement a statewide hazardous materials incident
response plan. The plan must include:

(1) the locations of deleted text begin up to five regional deleted text end hazardous materials response teams, based on the
location of hazardous materials, response time, proximity to large population centers, and
other factors;

(2) the number and qualifications of members on each team;

(3) the responsibilities of deleted text begin regional deleted text end hazardous materials response teams;

(4) equipment needed for deleted text begin regional deleted text end hazardous materials response teams;

(5) procedures for selecting and contracting with local governments or nonpublic persons
to establish regional hazardous materials response teams;

(6) procedures for dispatching teams at the request of local governments;

(7) a fee schedule for reimbursing local governments or nonpublic persons responding
to an incident; and

(8) coordination with other state departments and agencies, local units of government,
other states, Indian tribes, the federal government, and other nonpublic persons.

Sec. 9.

Minnesota Statutes 2020, section 299A.51, is amended to read:

299A.51 LIABILITY AND WORKERS' COMPENSATION.

Subdivision 1.

Liability.

During operations authorized under section 299A.50, members
of a deleted text begin regional deleted text end hazardous materials team operating outside their geographic jurisdiction are
"employees of the state" as defined in section 3.736.

Subd. 2.

Workers' compensation.

During operations authorized under section 299A.50,
members of a deleted text begin regional deleted text end hazardous materials team operating outside their geographic
jurisdiction are considered employees of the Department of Public Safety for purposes of
chapter 176.

Subd. 3.

Limitation.

A person who provides personnel and equipment to assist at the
scene of a hazardous materials response incident outside the person's geographic jurisdiction
or property, at the request of the state or a local unit of government, is not liable for any
civil damages resulting from acts or omissions in providing the assistance, unless the person
acts in a willful and wanton or reckless manner in providing the assistance.

Sec. 10.

new text begin [299C.092] QUESTIONED IDENTITY PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given.
new text end

new text begin (b) "Questioned identity" means an individual's identity that is associated with another
person's records when the individual's identity is used by an offender in interactions with
law enforcement or that the offender has the same name. Questioned identity can lead to
difficulties differentiating the individual from the offender.
new text end

new text begin (c) "Bureau" means the Bureau of Criminal Apprehension.
new text end

new text begin Subd. 2. new text end

new text begin Process. new text end

new text begin (a) When an individual is the subject of questioned identity, the
individual may request a review by the bureau through its questioned identity process.
Individuals must contact the bureau and provide the following:
new text end

new text begin (1) documentation of the individual's identity through and via a government-issued photo
identification;
new text end

new text begin (2) documents or information that lead the individual to believe that the individual is
the subject of questioned identity; and
new text end

new text begin (3) fingerprints for identification verification purposes.
new text end

new text begin (b) If the bureau is able to confirm that the individual is the subject of questioned identity,
the bureau shall provide documentation to the individual indicating that the individual has
been through the bureau's questioned identity process.
new text end

new text begin (c) The bureau shall denote any aliases determined to be questioned identities in the
Criminal History System under section 299C.09 and shall work with other state and local
agencies to denote aliases in arrest warrants.
new text end

new text begin (d) The bureau shall attach a photo of the offender to arrest warrants in the bureau's
warrant file if a photo is available.
new text end

new text begin (e) The bureau, in consultation with reporting criminal justice agencies, may remove an
alias from a criminal history record when it determines doing so will not negatively impact
a criminal justice agency's ability to identify the offender in the future. Some considerations
in making the determination include but are not limited to time elapsed since the alias name
was last used, frequency with which the alias was used, current incarceration status of the
offender, whether it is or was the offender's name, and whether the offender is living or
deceased.
new text end

new text begin (f) Law enforcement must take into account the presence of documentation from the
bureau or another law enforcement agency confirming a questioned identity when considering
whether an individual has a warrant under section 299C.115 and may contact the bureau or
the issuing law enforcement agency to confirm authenticity of the documentation provided
by an individual.
new text end

Sec. 11.

Minnesota Statutes 2020, section 299F.362, is amended to read:

299F.362 SMOKE deleted text begin DETECTOR deleted text end new text begin ALARM new text end ; INSTALLATION; RULES; PENALTY.

Subdivision 1.

Definitions.

For the purposes of this section, the following definitions
shall apply:

(a) "Apartment house" is any building, or portion thereof, which is designed, built,
rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence
of three or more families living independently of each other and doing their own cooking
in the building, and shall include buildings containing three or more flats or apartments.

(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house,
lodging house, or a hotel and which contains one or two "dwelling units" which are, or are
intended or designed to be, occupied for living purposes.

(c) "Dwelling unit" is a single unit providing complete, independent living facilities for
one or more persons including permanent provisions for living, sleeping, eating, cooking,
and sanitation, or a single unit used by one or more persons for sleeping and sanitation
pursuant to a work practice or labor agreement.

(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms
intended or designed to be used, or which are used, rented, or hired out to be occupied, or
which are occupied for sleeping purposes by guests.

(e) "Lodging house" is any building, or portion thereof, containing not more than five
guest rooms which are used or are intended to be used for sleeping purposes by guests and
where rent is paid in money, goods, labor, or otherwise.

Subd. 2.

Rules, smoke deleted text begin detector deleted text end new text begin alarm new text end location.

The commissioner of public safety
shall promulgate rules concerning the placement of smoke deleted text begin detectors deleted text end new text begin alarms new text end in dwellings,
apartment houses, hotels, and lodging houses. The rules shall take into account designs of
the guest rooms or dwelling units.

Subd. 3.

Smoke deleted text begin detector deleted text end new text begin alarm new text end for any dwelling.

Every dwelling unit within a dwelling
must be provided with a smoke deleted text begin detector deleted text end new text begin alarm new text end meeting the requirements of the State Fire
Code. The deleted text begin detector deleted text end new text begin alarm new text end must be mounted in accordance with the rules regarding smoke
deleted text begin detector deleted text end new text begin alarm new text end location adopted under subdivision 2. When actuated, the deleted text begin detector deleted text end new text begin alarm new text end
must provide an alarm in the dwelling unit.

Subd. 3a.

Smoke deleted text begin detector deleted text end new text begin alarm new text end for new dwelling.

In construction of a new dwelling,
each smoke deleted text begin detector deleted text end new text begin alarm new text end must be attached to a centralized power source.

Subd. 4.

Smoke deleted text begin detector deleted text end new text begin alarm new text end for apartment, lodging house, or hotel.

Every dwelling
unit within an apartment house and every guest room in a lodging house or hotel used for
sleeping purposes must be provided with a smoke deleted text begin detector deleted text end new text begin alarm new text end conforming to the
requirements of the State Fire Code. In dwelling units, deleted text begin detectors deleted text end new text begin alarms new text end must be mounted
in accordance with the rules regarding smoke deleted text begin detector deleted text end new text begin alarm new text end location adopted under
subdivision 2. When actuated, the deleted text begin detector deleted text end new text begin alarm new text end must provide an alarm in the dwelling
unit or guest room.

Subd. 5.

Maintenance responsibilities.

For all occupancies covered by this section
where the occupant is not the owner of the dwelling unit or the guest room, the owner is
responsible for maintenance of the smoke deleted text begin detectors deleted text end new text begin alarms new text end . An owner may file inspection
and maintenance reports with the local fire marshal for establishing evidence of inspection
and maintenance of smoke deleted text begin detectors deleted text end new text begin alarms new text end .

Subd. 5a.

Inform owner; no added liability.

The occupant of a dwelling unit must
inform the owner of the dwelling unit of a nonfunctioning smoke deleted text begin detector deleted text end new text begin alarm new text end within 24
hours of discovering that the smoke deleted text begin detector deleted text end new text begin alarm new text end in the dwelling unit is not functioning.
If the occupant fails to inform the owner under this subdivision, the occupant's liability for
damages is not greater than it otherwise would be.

Subd. 6.

Penalties.

(a) Any person who violates any provision of this section deleted text begin shall be deleted text end new text begin
is new text end subject to the same penalty and the enforcement mechanism that is provided for violation
of the State Fire Code, as specified in section 299F.011, subdivision 6.

(b) An occupant who willfully disables a smoke deleted text begin detector deleted text end new text begin alarm new text end or causes it to be
nonfunctioning, resulting in damage or injury to persons or property, is guilty of a
misdemeanor.

Subd. 7.

Local government preempted.

This section prohibits a local unit of government
from adopting standards different from those provided in this section.

Subd. 9.

Local government ordinance; installation in single-family
residence.

Notwithstanding subdivision 7, or other law, a local governing body may adopt,
by ordinance, rules for the installation of a smoke deleted text begin detector deleted text end new text begin alarm new text end in single-family homes in
the city that are more restrictive than the standards provided by this section. Rules adopted
pursuant to this subdivision may be enforced through a truth-in-housing inspection.

Subd. 10.

Public fire safety educator.

The position of Minnesota public fire safety
educator is established in the Department of Public Safety.

Subd. 11.

Insurance claim.

No insurer shall deny a claim for loss or damage by fire for
failure of a person to comply with this section.

Sec. 12.

Minnesota Statutes 2020, section 609.87, is amended by adding a subdivision to
read:

new text begin Subd. 17. new text end

new text begin Data. new text end

new text begin "Data" means records or information in digital form on a computer or
in software that can be stored, transmitted, or processed.
new text end

Sec. 13.

Minnesota Statutes 2020, section 609.89, subdivision 1, is amended to read:

Subdivision 1.

Acts.

Whoever does any of the following is guilty of computer theft and
may be sentenced as provided in subdivision 2:

(a) intentionally and without authorization or claim of right accesses or causes to be
accessed any computer, computer system, computer network or any part thereof for the
purpose of obtaining services or property; deleted text begin or
deleted text end

(b) intentionally and without claim of right, and with intent to deprive the owner of use
or possession, takes, transfers, conceals or retains possession of any computer, computer
system, or any computer software or data contained in a computer, computer system, or
computer network deleted text begin . deleted text end new text begin ;
new text end

new text begin (c) intentionally and without authorization accesses or copies any computer software or
data and uses, alters, transfers, retains, or publishes the software or data; or
new text end

new text begin (d) intentionally retains copies of any computer software or data beyond the individual's
authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2020, section 629.341, subdivision 3, is amended to read:

Subd. 3.

Notice of rights.

The peace officer shall tell the victim whether a shelter or
other services are available in the community and give the victim immediate notice of the
legal rights and remedies available. The notice must include furnishing the victim a copy
of the following statement:

"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or
county attorney to file a criminal complaint. You also have the right to go to court and file
a petition requesting an order for protection from domestic abuse. The order could include
the following:

(1) an order restraining the abuser from further acts of abuse;

(2) an order directing the abuser to leave your household;

(3) an order preventing the abuser from entering your residence, school, business, or
place of employment;

(4) an order awarding you or the other parent custody of or parenting time with your
minor child or children; or

(5) an order directing the abuser to pay support to you and the minor children if the
abuser has a legal obligation to do so."

The notice must include the resource listing, including telephone number, for the area
battered women's shelter, to be designated by the new text begin Office of Justice Programs in the
new text end Department of deleted text begin Corrections deleted text end new text begin Public Safety new text end .

Sec. 15.

Minnesota Statutes 2020, section 629.341, subdivision 4, is amended to read:

Subd. 4.

Report required.

Whenever a peace officer investigates an allegation that an
incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer
shall make a written police report of the alleged incident. The report must contain at least
the following information: the name, address and telephone number of the victim, if provided
by the victim, a statement as to whether an arrest occurred, the name of the arrested person,
and a brief summary of the incident. Data that identify a victim who has made a request
under section 13.82, subdivision 17, paragraph (d), and that are private data under that
subdivision, shall be private in the report required by this section. A copy of this report must
be provided upon request, at no cost, to the victim of domestic abuse, the victim's attorney,
or organizations designated by the Office of Justice Programs in the Department of Public
Safety deleted text begin or the commissioner of corrections deleted text end that are providing services to victims of domestic
abuse. The officer shall submit the report to the officer's supervisor or other person to whom
the employer's rules or policies require reports of similar allegations of criminal activity to
be made.

Sec. 16.

Minnesota Statutes 2020, section 629.72, subdivision 6, is amended to read:

Subd. 6.

Notice; release of arrested person.

(a) Immediately after issuance of a citation
in lieu of continued detention under subdivision 1, or the entry of an order for release under
subdivision 2, but before the arrested person is released, the agency having custody of the
arrested person or its designee must make a reasonable and good faith effort to inform orally
the alleged victim, local law enforcement agencies known to be involved in the case, if
different from the agency having custody, and, at the victim's request any local battered
women's and domestic abuse programs established under section 611A.32 or sexual assault
programs of:

(1) the conditions of release, if any;

(2) the time of release;

(3) the time, date, and place of the next scheduled court appearance of the arrested person
and the victim's right to be present at the court appearance; and

(4) if the arrested person is charged with domestic abuse, the location and telephone
number of deleted text begin the area battered women's shelter as deleted text end new text begin programs that provide services to victims
of domestic abuse new text end designated by the Office of Justice Programs in the Department of Public
Safety.

(b) As soon as practicable after an order for conditional release is entered, the agency
having custody of the arrested person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of the information in paragraph
(a), clauses (2) and (3).

(c) Data on the victim and the notice provided by the custodial authority are private data
on individuals as defined in section 13.02, subdivision 12, and are accessible only to the
victim.

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 299A.49, subdivision 7, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-04852

299A.49 DEFINITIONS.

Subd. 7.

Regional hazardous materials response team.

"Regional hazardous materials response team" means a team trained and equipped to respond to and mitigate a hazardous materials release. A regional hazardous materials response team may include strategically located chemical assessment teams.