Minnesota Legislature
HF 584
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - 1st Engrossment
2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 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 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 4.35 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 5.36 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 6.32 6.33 6.34 6.35 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 7.34 7.35 7.36 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 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
9.32 9.33 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 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 11.35 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
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 14.33 14.34 14.35 14.36 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 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 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
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 20.33 20.34 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 21.32
21.33
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 22.34 22.35 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 23.34 23.35 23.36 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 24.34 24.35 24.36 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 25.34 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 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 27.30 27.31 27.32 27.33 27.34
27.35
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 28.32
28.33
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 29.32 29.33 29.34 29.35 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 30.32 30.33 30.34 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 31.32 31.33 31.34 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 33.31 33.32 33.33 33.34 33.35 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 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 35.31
35.32
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 36.32 36.33 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 37.32 37.33 37.34 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 38.32 38.33 38.34 38.35
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 39.33 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 40.32 40.33 40.34 40.35 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
41.30
41.31 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 43.30 43.31 43.32 43.33
43.34
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 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 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 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 47.33 47.34 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 48.32 48.33 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
49.32 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 50.31 50.32 50.33 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 51.28
51.29
51.30 51.31 51.32 51.33 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 52.31 52.32 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 53.33 53.34 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 54.32 54.33 54.34 54.35 54.36
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 55.31 55.32 55.33 55.34 55.35
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
56.32 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 57.32 57.33 58.1 58.2 58.3
58.4
A bill for an act
relating to state government; providing certain general criminal and sentencing
provisions; regulating DWI and driving provisions; modifying certain crime
victim provisions; modifying or establishing various provisions relating to
public safety; regulating corrections, the courts, public defense, and emergency
communications; providing penalties; amending Minnesota Statutes 2006,
sections 3.732, subdivision 1; 3.736, subdivision 1; 13.87, subdivision 1;
15A.083, subdivision 4; 169A.275, by adding a subdivision; 169A.51,
subdivision 7; 171.12, by adding a subdivision; 171.55; 241.018; 241.69,
subdivisions 3, 4; 243.167, subdivision 1; 244.05, by adding a subdivision;
260C.193, subdivision 6; 270A.03, subdivision 5; 299A.641, subdivision 2;
299C.65, subdivisions 2, 5; 352D.02, subdivision 1; 383A.08, subdivisions 6,
7; 403.07, subdivision 4; 403.11, by adding subdivisions; 484.54, subdivision
2; 484.83; 504B.361, subdivision 1; 518.165, subdivisions 1, 2; 518A.35,
subdivision 3; 518B.01, subdivisions 6a, 22; 563.01, by adding a subdivision;
590.05; 595.02, subdivision 1; 609.02, subdivision 16; 609.135, subdivision 8,
by adding a subdivision; 609.21, subdivisions 1, 4a, 5, by adding subdivisions;
609.341, subdivision 11; 609.344, subdivision 1; 609.345, subdivision 1;
609.3451, subdivision 3; 609.3455, subdivision 4, by adding a subdivision;
609.505, subdivision 2; 609.748, subdivisions 1, 5; 611.14; 611.20, subdivision
6; 611.215, subdivisions 1, 1a; 611.23; 611.24; 611.25, subdivision 1; 611.26,
subdivisions 2, 7; 611.27, subdivisions 3, 13, 15; 611.35; 611A.036, subdivisions
2, 7; 634.15, subdivisions 1, 2; 641.05; 641.265, subdivision 2; Laws 2001, First
Special Session chapter 8, article 4, section 4; Laws 2003, First Special Session
chapter 2, article 1, section 2; proposing coding for new law in Minnesota
Statutes, chapters 171; 504B; 609; 611A; repealing Minnesota Statutes 2006,
sections 169.796, subdivision 3; 260B.173; 480.175, subdivision 3; 609.21,
subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5; 626A.17, subdivision
3; Laws 2005, First Special Session chapter 6, article 3, section 91.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL CRIME
Section 1.
Minnesota Statutes 2006, section 518B.01, subdivision 22, is amended to
read:
Subd. 22.
Domestic abuse no contact order.
(a) A domestic abuse no contact order
is an order issued by a court against a defendant in a criminal proceeding for:
(1) domestic abuse;
(2) harassment or stalking charged under section 609.749 and committed against
a family or household member;
(3) violation of an order for protection charged under subdivision 14; or
(4) violation of a prior domestic abuse no contact order charged under this
subdivision.
It includes pretrial orders before final disposition of the case and probationary orders
after sentencing.
(b) A person who knows of the existence of a domestic abuse no contact order issued
against the person and violates the order is guilty of a misdemeanor.
(c) A person is guilty of a gross misdemeanor who knowingly violates this
subdivision within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency.new text begin Upon a gross misdemeanor conviction under
this paragraph, the defendant must be sentenced to a minimum of ten days' imprisonment
and must be ordered to participate in counseling or other appropriate programs selected
by the court as provided in section 518B.02. Notwithstanding section 609.135, the court
must impose and execute the minimum sentence provided in this paragraph for gross
misdemeanor convictions.
new text end
new text begin
(d) A person 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, if the person
knowingly violates this subdivision within ten years of the first of two or more previous
qualified domestic violence-related offense convictions or adjudications of delinquency.
Upon a felony conviction under this paragraph in which the court stays imposition or
execution of sentence, the court shall impose at least a 30-day period of incarceration
as a condition of probation. The court also shall order that the defendant participate in
counseling or other appropriate programs selected by the court. Notwithstanding section
609.135, the court must impose and execute the minimum sentence provided in this
paragraph for felony convictions.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end A peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated a domestic abuse no
contact order, even if the violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by the officer. The person shall
be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays,
unless the person is released earlier by a judge or judicial officer. A peace officer acting
in good faith and exercising due care in making an arrest pursuant to this paragraph is
immune from civil liability that might result from the officer's actions.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2006, section 609.02, subdivision 16, is amended to read:
Subd. 16.
Qualified domestic violence-related offense.
"Qualified domestic
violence-related offense" includes new text begin a violation of or an attempt to violate new text end the following
offenses: sections 518B.01, subdivision 14 (violation of domestic abuse order for
protection); 518B.01, subdivision 22 (violation of domestic abuse no contact order);
new text begin 609.185 (first-degree murder); 609.19 (second-degree murder); new text end 609.221 (first-degree
assault); 609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231
(fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault);
609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal sexual
conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree
criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377
(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6
(violation of harassment restraining order); 609.749 (harassment/stalking); and 609.78,
subdivision 2 (interference with an emergency call); and similar laws of other states, the
United States, the District of Columbia, tribal lands, and United States territories.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2006, 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 deleted text begin (m)deleted text end new text begin (o)new text end , 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 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 position of authority, or
(iv) in any of the cases above, the touching of the clothing covering the immediate
area of the intimate parts.
(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; or
(iv) in any of the cases listed above, touching of the clothing covering the immediate
area of the intimate parts.
(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, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2006, 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 casenew text begin , if the actor is no more
than 120 months older than the complainant,new text end it shall be an affirmative defense, which
must be proved by a preponderance of the evidence, that the actornew text begin reasonablynew text end believes
the complainant to be 16 years of age or older.new text begin In all other cases, mistake as to the
complainant's age shall not be a defense.new text end If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, the actor may be sentenced
to imprisonment for not more than five years. 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) 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 a 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;
(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;
(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 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, 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; deleted text begin or
deleted text end
(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 defensedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(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 complainant.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2006, 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 a position of authority over
the complainant. Consent by the complainant to the act is not a defense. In any such
case,new text begin if the actor is no more than 120 months older than the complainant,new text end it shall be an
affirmative defense which must be proved by a preponderance of the evidence that the
actornew text begin reasonablynew text end believes the complainant to be 16 years of age or oldernew text begin . In all other cases,
mistake as to the complainant's age shall not be a defensenew text end ;
(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) 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 a 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;
(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, 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; deleted text begin or
deleted text end
(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 defensedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(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 complainant.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2006, section 609.3451, subdivision 3, is amended to read:
Subd. 3.
Felony.
A person 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, if the person violates deleted text begin subdivision 1, clause (2)deleted text end new text begin this sectionnew text end , after having been
previously convicted of or adjudicated delinquent for violating deleted text begin subdivision 1, clause (2)deleted text end new text begin
this section; sections 609.342 to 609.345; section 609.3453new text end ; section 617.23, subdivision 2,
clause (1);new text begin section 617.247;new text end or a statute from another state in conformity deleted text begin with subdivision
1, clause (2), or section 617.23, subdivision 2, clause (1)deleted text end new text begin with one of these statutesnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2006, section 609.3455, subdivision 4, is amended to read:
Subd. 4.
Mandatory life sentence; repeat offenders.
(a) Notwithstanding the
statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
person to imprisonment for life if the person is convicted of violating section 609.342,
609.343, 609.344, 609.345, or 609.3453 and:
(1) the person has two previous sex offense convictions;
(2) the person has a previous sex offense conviction and:
(i) the factfinder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;
(ii) the person received an upward durational departure from the sentencing
guidelines for the previous sex offense conviction; or
(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or
(3) the person has two prior sex offense convictions, and the factfinder determines
that the prior convictions and present offense involved at least three separate victims, and:
(i) the factfinder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;
(ii) the person received an upward durational departure from the sentencing
guidelines for one of the prior sex offense convictions; or
(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.
(b) Notwithstanding paragraph (a), a court may not sentence a person to
imprisonment for life for a violation of section 609.345, unlessnew text begin at least one ofnew text end the person's
previous or prior sex offense convictions that are being used as the basis for the sentence
are for violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute
of the United States, this state, or any other state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2006, section 609.3455, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Applicability. new text end
new text begin
The provisions of this section do not affect the applicability
of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005,
or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
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. 9.
Minnesota Statutes 2006, section 609.505, subdivision 2, is amended to read:
Subd. 2.
Reporting police misconduct.
(a) Whoever informs, or causes information
to be communicated to, a peace officer, whose responsibilities include investigating or
reporting police misconduct,new text begin or other person working under the authority of a chief law
enforcement officer, whose responsibilities include investigating or reporting police
misconduct,new text end that a peace officer, as defined in section 626.84, subdivision 1, paragraph (c),
has committed an act of police misconduct, knowing that the information is false, is guilty
of a crime and may be sentenced as follows:
(1) up to the maximum provided for a misdemeanor if the false information does not
allege a criminal act; or
(2) up to the maximum provided for a gross misdemeanor if the false information
alleges a criminal act.
(b) The court shall order any person convicted of a violation of this subdivision
to make full restitution of all reasonable expenses incurred in the investigation of the
false allegation unless the court makes a specific written finding that restitution would be
inappropriate under the circumstances. A restitution award may not exceed $3,000.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
new text begin
[609.593] TAMPERING WITH GAS AND ELECTRICAL LINES.
new text end
new text begin
Whoever intentionally and without claim of right, takes, removes, breaks, or severs,
a line or any part connected to a line that is used for supplying or transporting gas or
electricity without the consent of one authorized to give consent and in a manner that
creates a substantial risk of death or bodily harm or serious property damage is guilty of a
felony and may be sentenced to imprisonment for not more than 20 years or to payment of
a fine of not more than $100,000, or both.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2006, section 609.748, subdivision 1, is amended to read:
Subdivision 1.
Definition.
For the purposes of this section, the following terms have
the meanings given them in this subdivision.
(a) "Harassment" includes:
(1) a single incident of physical or sexual assault or repeated incidents of intrusive or
unwanted acts, words, or gestures that have a substantial adverse effect or are intended to
have a substantial adverse effect on the safety, security, or privacy of another, regardless
of the relationship between the actor and the intended target;
(2) targeted residential picketing; deleted text begin and
deleted text end
(3) a pattern of attending public events after being notified that the actor's presence
at the event is harassing to anotherdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) a single incident of posing as another person or persons through the use of the
Internet or a computer, computer program, computer network, or computer system,
without express authorization in order to harass or defame another person or persons.
new text end
(b) "Respondent" includes any adults or juveniles alleged to have engaged in
harassment or organizations alleged to have sponsored or promoted harassment.
(c) "Targeted residential picketing" includes the following acts when committed on
more than one occasion:
(1) marching, standing, or patrolling by one or more persons directed solely at a
particular residential building in a manner that adversely affects the safety, security, or
privacy of an occupant of the building; or
(2) marching, standing, or patrolling by one or more persons which prevents an
occupant of a residential building from gaining access to or exiting from the property on
which the residential building is located.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
Subd. 5.
Restraining order.
(a) The court may grant a restraining order ordering
the respondent to cease or avoid the harassment of another person or to have no contact
with that person if all of the following occur:
(1) the petitioner has filed a petition under subdivision 3;
(2) the sheriff has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and
(3) the court finds at the hearing that there are reasonable grounds to believe that
the respondent has engaged in harassment.
new text begin Except as provided in paragraph (c), new text end a restraining order may be issued only against the
respondent named in the petition; deleted text begin except thatdeleted text end new text begin andnew text end if the respondent is an organization, the
order may be issued against and apply to all of the members of the organization. Relief
granted by the restraining order must be for a fixed period of not more than two years.
When a referee presides at the hearing on the petition, the restraining order becomes
effective upon the referee's signature.
(b) An order issued under this subdivision must be personally served upon the
respondent.
new text begin
(c) If the harassment involves communication through the use of the Internet or
a computer, computer program, computer network, or computer system, a restraining
order may also be issued against private computer networks, including Internet service
providers or computer bulletin board systems, that are publishing harassing information.
A restraining order issued under this paragraph may direct the respondent or a private
computer network to remove or correct the harassing information. A restraining order
issued under this paragraph may be served by mail upon any private computer network
affected.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, section 609.805,
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 July 1, 2007.
new text end
ARTICLE 2
DWI AND DRIVING RELATED PROVISIONS
Section 1.
Minnesota Statutes 2006, section 169A.275, is amended by adding a
subdivision to read:
new text begin Subd. 7. new text end
new text begin Exception. new text end
new text begin
(a) A judge is not required to sentence a person as provided
in this section if the judge requires the person as a condition of probation to drive only
motor vehicles equipped with an ignition interlock device meeting the standards described
in section 171.306.
new text end
new text begin
(b) This subdivision expires July 1, 2009.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2006, section 169A.51, subdivision 7, is amended to read:
Subd. 7.
Requirements for conducting tests; liability.
(a) Only a physician,
medical technician, emergency medical technician-paramedic, registered nurse, medical
technologist, medical laboratory technician, new text begin phlebotomist, new text end or laboratory assistant acting
at the request of a peace officer may withdraw blood for the purpose of determining the
presence of alcohol, a controlled substance or its metabolite, or a hazardous substance.
This limitation does not apply to the taking of a breath or urine sample.
(b) The person tested has the right to have someone of the person's own choosing
administer a chemical test or tests in addition to any administered at the direction of a
peace officer; provided, that the additional test sample on behalf of the person is obtained
at the place where the person is in custody, after the test administered at the direction of a
peace officer, and at no expense to the state. The failure or inability to obtain an additional
test or tests by a person does not preclude the admission in evidence of the test taken at
the direction of a peace officer unless the additional test was prevented or denied by the
peace officer.
(c) The physician, medical technician, emergency medical technician-paramedic,
medical technologist, medical laboratory technician, laboratory assistant, new text begin phlebotomist,
new text end or registered nurse drawing blood at the request of a peace officer for the purpose of
determining the concentration of alcohol, a controlled substance or its metabolite, or a
hazardous substance is in no manner liable in any civil or criminal action except for
negligence in drawing the blood. The person administering a breath test must be fully
trained in the administration of breath tests pursuant to training given by the commissioner
of public safety.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to crimes committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2006, section 171.12, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Driving record disclosure to law enforcement. new text end
new text begin
The commissioner
shall also furnish driving records, without charge, to chiefs of police, county sheriffs,
prosecuting attorneys, and other law enforcement agencies with the power to arrest.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 4.
new text begin
[171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
new text end
new text begin Subdivision 1. new text end
new text begin Pilot project established; reports. new text end
new text begin
The commissioner shall
conduct a two-year ignition interlock device pilot project as provided in this section. The
commissioner shall select one metropolitan county and one rural county to participate
in the pilot project. The pilot project must begin on July 1, 2007, and continue until
June 30, 2009. The commissioner shall submit two preliminary reports by February 1,
2008, and by December 1, 2008, and a final report by September 1, 2009, to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice policy and funding. The reports must evaluate the
successes and failures of the pilot project, provide information on participation rates, and
make recommendations on continuing the project.
new text end
new text begin Subd. 2. new text end
new text begin Performance standards; certification. new text end
new text begin
The commissioner shall determine
appropriate performance standards and a certification process for ignition interlock
devices for the pilot project. Only devices certified by the commissioner as meeting the
performance standards may be used in the pilot project.
new text end
new text begin Subd. 3. new text end
new text begin Pilot project components. new text end
new text begin
(a) Under the pilot project, the commissioner
shall issue a driver's license to an individual whose driver's license has been revoked
under chapter 169A for a repeat impaired driving incident if the person qualifies under this
section and agrees to all of the conditions of the project.
new text end
new text begin
(b) The commissioner must flag the person's driver's license record to indicate the
person's participation in the program. The license must authorize the person to drive only
vehicles having functioning ignition interlock devices conforming with the requirements
of subdivision 2.
new text end
new text begin
(c) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to and shall determine the appropriate period for which a person participating in
the ignition interlock pilot program shall be subject to this program, and when the person
is eligible to be issued:
new text end
new text begin
(1) a limited driver's license subject to the ignition interlock restriction;
new text end
new text begin
(2) full driving privileges subject to the ignition interlock restriction; and
new text end
new text begin
(3) a driver's license without an ignition interlock restriction.
new text end
new text begin
(d) A person participating in this pilot project shall agree to participate in any
treatment recommended by a chemical use assessment.
new text end
new text begin
(e) The commissioner shall determine guidelines for participation in the project.
A person participating in the project shall sign a written agreement accepting these
guidelines and agreeing to comply with them.
new text end
new text begin
(f) It is a misdemeanor for a person who is licensed under this section for driving a
vehicle equipped with an ignition interlock device:
new text end
new text begin
(1) to start or attempt to start, or to operate or attempt to operate, the vehicle while
the person has any amount of alcohol in the person's body; or
new text end
new text begin
(2) to drive, operate or be in physical control of a motor vehicle other than a vehicle
properly equipped with an ignition interlock device.
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. 5.
Minnesota Statutes 2006, section 171.55, is amended to read:
171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
The commissioner shall give the same effect for driver licensing purposes to conduct
reported from a licensing authority or court in another state new text begin or province or territory
of Canada new text end that the commissioner would give to conduct reported from a court or other
agency of this state, whether or not the other state new text begin or province or territory of Canada new text end is a
party to the Driver License Compact in section 171.50. The conduct to be given effect by
the commissioner includes a report of conviction for an offense enumerated in section
171.50, article IV, or an offense described in sections 171.17 and 171.18.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:
Subdivision 1.
Criminal vehicular deleted text begin homicidedeleted text end new text begin operation; crime describednew text end .
A
person is guilty of criminal vehicular deleted text begin homicide resulting in death 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 bothdeleted text end new text begin operation and may be sentenced as provided in subdivision 1anew text end , if the person causes
new text begin injury to or new text end the death of deleted text begin a human being not constituting murder or manslaughterdeleted text end new text begin another
new text end 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 knowingly under the influence of a hazardous
substance;
(6) in a negligent manner while any amount of a controlled substance listed in
schedule I or II, new text begin or its metabolite, new text end other than marijuana or tetrahydrocannabinols, is
present in the person's body; deleted text begin or
deleted text end
(7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6deleted text begin .deleted text end new text begin ; ornew text end
new text begin
(8) where the driver had actual knowledge that the motor vehicle was defectively
maintained and the injury or death was caused by the defective maintenance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Criminal penalties. new text end
new text begin
(a) A person who violates subdivision 1 and causes
the death of a human being not constituting murder or manslaughter or the death of an
unborn child 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.
new text end
new text begin
(b) A person who violates subdivision 1 and causes great bodily harm to another not
constituting attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive 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 end
new text begin
(c) A person who violates subdivision 1 and causes substantial bodily harm to
another 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.
new text end
new text begin
(d) A person who violates subdivision 1 and causes bodily harm to another 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 end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2006, section 609.21, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Conviction not bar to punishment for other crimes. new text end
new text begin
A prosecution
for or a conviction of a crime under this section relating to causing death or injury to an
unborn child is not a bar to conviction of or punishment for any other crime committed by
the defendant as part of the same conduct.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2006, section 609.21, subdivision 4a, is amended to read:
Subd. 4a.
Affirmative defense.
It shall be an affirmative defense to a charge under
subdivision 1, clause (6)deleted text begin ; 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4,
clause (6)deleted text end , that the defendant used the controlled substance according to the terms of a
prescription issued for the defendant in accordance with sections 152.11 and 152.12.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2006, section 609.21, subdivision 5, is amended to read:
Subd. 5.
Definitions.
For purposes of this section, the terms defined in this
subdivision have the meanings given them.
(a) "Motor vehicle" has the meaning given in section 609.52, subdivision 1new text begin , and
includes attached trailersnew text end .
(b) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(c) "Hazardous substance" means any chemical or chemical compound that is listed
as a hazardous substance in rules adopted under chapter 182.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2006, section 634.15, subdivision 1, is amended to read:
Subdivision 1.
Certificates of analysis; blood sample reports; chain of custody.
new text begin (a) new text end In any hearing or trial of a criminal offense or petty misdemeanor or proceeding
pursuant to section 169A.53, subdivision 3, the following documents shall be admissible
in evidence:
deleted text begin (a)deleted text end new text begin (1)new text end a report of the facts and results of any laboratory analysis or examination if it
is prepared and attested by the person performing the laboratory analysis or examination
in any laboratory operated by the Bureau of Criminal Apprehension or authorized by the
bureau to conduct an analysis or examination, or in any laboratory of the Federal Bureau
of Investigation, the federal Postal Inspection Service, the federal Bureau of Alcohol,
Tobacco and Firearms, or the federal Drug Enforcement Administration;
deleted text begin (b)deleted text end new text begin (2)new text end a report of a blood sample withdrawn under the implied consent law if:
(i) the report was prepared by the person who administered the test;
(ii) the person who withdrew the blood sample was competent to administer the test
under section 169A.51, subdivision 7; and
(iii) the report was prepared consistent with any applicable rules promulgated by the
commissioner of public safety; and
deleted text begin (c)deleted text end new text begin (3)new text end a verified chain of custody of a specimen while under the control of a
laboratory described in clause deleted text begin (a)deleted text end new text begin (1)new text end .
new text begin (b) new text end A report described in new text begin paragraph (a), new text end clause deleted text begin (a)deleted text end new text begin (1), new text end purported to be signed by the
person performing the analysis or examination in a laboratory named in that clause, or a
blood sample report described in new text begin paragraph (a), new text end clause deleted text begin (b)deleted text end new text begin (2),new text end purported to be signed by
the person who withdrew the blood sample shall be admissible as evidence without proof
of the seal, signature or official character of the person whose name is signed to it. The
signature in new text begin paragraph (a), new text end clause deleted text begin (a)deleted text end new text begin (1)new text end or deleted text begin (b)deleted text end new text begin (2),new text end can be written or in electronic format.
new text begin
(c) At least 20 days before trial, the prosecutor shall submit to the accused person or
the accused person's attorney notice of the contents of a report described in paragraph (a)
and of the requirements of subdivision 2.
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. 12.
Minnesota Statutes 2006, section 634.15, subdivision 2, is amended to read:
Subd. 2.
Testimony at trial.
new text begin (a) new text end Except in civil proceedings, including proceedings
under section 169A.53, an accused person or the accused person's attorney may request,
by notifying the prosecuting attorney at least ten days before the trial, that the following
persons testify in person at the trial on behalf of the state:
deleted text begin (a)deleted text end new text begin (1)new text end a person who performed the laboratory analysis or examination for the report
described in subdivision 1, new text begin paragraph (a), new text end clause deleted text begin (a)deleted text end new text begin (1)new text end ; or
deleted text begin (b)deleted text end new text begin (2)new text end a person who prepared the blood sample report described in subdivision
1, new text begin paragraph (a), new text end clause deleted text begin (b)deleted text end new text begin (2)new text end .
If a petitioner in a proceeding under section 169A.53 subpoenas a person described
in deleted text begin paragraph (a)deleted text end new text begin clause (1)new text end or deleted text begin (b)deleted text end new text begin (2)new text end to testify at the proceeding, the petitioner is not
required to pay the person witness fees under section 357.22 in excess of $100.
new text begin
(b) If the accused person or the accused person's attorney does not comply with
the ten-day requirement described in paragraph (a), the prosecutor is not required to
produce the person who performed the analysis or examination or prepared the report.
In this case, the accused person's right to confront that witness is waived and the report
shall be admitted into evidence.
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. 13. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
(a) In Minnesota Statutes, sections 171.3215, subdivision 2a; and 609.135,
subdivision 2, the revisor of statutes shall change the references in column A to the
references in column B.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
|
new text begin
609.21, subdivision 1 new text end |
new text begin
609.21, subdivision 1a, paragraph (a) new text end |
|
|
new text begin
609.21, subdivision 2 new text end |
new text begin
609.21, subdivision 1a, paragraph (b) new text end |
|
|
new text begin
609.21, subdivision 2a new text end |
new text begin
609.21, subdivision 1a, paragraph (c) new text end |
|
|
new text begin
609.21, subdivision 2b new text end |
new text begin
609.21, subdivision 1a, paragraph (d) new text end |
|
|
new text begin
609.21, subdivision 4 new text end |
new text begin
609.21, subdivision 1a, paragraph (b) new text end |
new text begin
(b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor of statutes shall
replace the reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a
reference to Minnesota Statutes, section 609.21, subdivision 1b.
new text end
new text begin
(c) In Minnesota Statutes, section 609.266, the revisor of statutes shall replace the
reference to Minnesota Statutes, section 609.21, subdivisions 3 and 4, with a reference to
Minnesota Statutes, section 609.21, subdivision 1a, paragraphs (a) and (b).
new text end
new text begin
(d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and Minnesota
Statutes, section 169A.24, subdivision 1, the revisor of statutes shall strike the references
to Minnesota Statutes, section 609.21, subdivision 2, clauses (2) to (6); subdivision 2a,
clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); and
subdivision 4, clauses (2) to (6).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007.
new text end
Sec. 14. new text begin REPEALER.
new text end
new text begin Subdivision 1. new text end
new text begin Verify auto insurance. new text end
new text begin
Minnesota Statutes 2006, section 169.796,
subdivision 3,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 2. new text end
new text begin Suspension of mailed demands. new text end
new text begin
Laws 2005, First Special Session chapter
6, article 3, section 91,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 3. new text end
new text begin Criminal vehicular operation. new text end
new text begin
Minnesota Statutes 2006, section 609.21,
subdivisions 2, 2a, 2b, 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
Subdivisions 1 and 2 are effective the day following final
enactment. Subdivision 3 is effective August 1, 2007.
new text end
ARTICLE 3
CRIME VICTIMS
Section 1.
new text begin
[504B.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO
TERMINATE LEASE.
new text end
new text begin Subdivision 1. new text end
new text begin Right to terminate; procedure. new text end
new text begin
A tenant to a residential lease who
is a victim of domestic abuse and fears imminent domestic abuse against the tenant or the
tenant's children by remaining in the leased premises may terminate a lease agreement
without penalty or liability, except as provided by this section, by providing written notice
to the landlord stating that the tenant fears imminent domestic abuse and indicating
the specific date the tenant intends to vacate the premises. The written notice must be
delivered by mail, fax, or in person, and be accompanied by one of the following:
new text end
new text begin
(1) an order for protection under chapter 518B; or
new text end
new text begin
(2) a no contact order, currently in effect, issued under section 518B.01, subdivision
22, or chapter 609.
new text end
new text begin Subd. 2. new text end
new text begin Confidentiality of information. new text end
new text begin
Information provided to the landlord by
the victim documenting domestic abuse pursuant to subdivision 1 shall be treated by the
landlord as confidential. The information may not be entered into any shared database
or provided to any entity except when required for use in an eviction proceeding, upon
the consent of the victim, or as otherwise required by law.
new text end
new text begin Subd. 3. new text end
new text begin Liability for rent; termination of tenancy. new text end
new text begin
(a) A tenant terminating a
lease pursuant to subdivision 1 is responsible for one month's rent following the vacation
of the premises and is relieved of any contractual obligation for payment of rent or any
other charges for the remaining term of the lease.
new text end
new text begin
(b) This section does not affect a tenant's liability for delinquent, unpaid rent or
other sums owed to the landlord before the lease was terminated by the tenant under this
section. The return or retention of the security deposit is subject to the provisions of
section 504B.178.
new text end
new text begin
(c) The tenancy terminates, including the right of possession of the premises, when
the tenant surrenders the keys to the premises to the landlord. The one month's rent is due
and payable on or before the date the tenant vacates the premises, as indicated in their
written notice pursuant to subdivision 1. For purposes of this section, the provisions of
section 504B.178 commence upon the first day of the month following either:
new text end
new text begin
(1) the date the tenant vacates the premises; or
new text end
new text begin
(2) the date the tenant pays the one month's rent, whichever occurs first.
new text end
new text begin
(d) The provisions of this subdivision do not apply until written notice meeting the
requirements of subdivision 1 is delivered to the landlord.
new text end
new text begin Subd. 4. new text end
new text begin Multiple tenants. new text end
new text begin
Notwithstanding the release of a tenant from a lease
agreement under this section, if there are any remaining tenants residing in the premises
the tenancy shall continue for those remaining tenants. A perpetrator who has been
excluded from the premises under court order remains liable under the lease with any
other tenant of the premises for rent or damage to the premises.
new text end
new text begin Subd. 5. new text end
new text begin Waiver prohibited. new text end
new text begin
A residential tenant may not waive, and a landlord
may not require the residential tenant to waive, the resident tenant's rights under this
section.
new text end
new text begin Subd. 6. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "domestic abuse" has the meaning
given in section 518B.01, subdivision 2.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 2.
Minnesota Statutes 2006, section 518B.01, subdivision 6a, is amended to read:
Subd. 6a.
Subsequent orders and extensions.
new text begin (a) new text end Upon application, notice to
all parties, and hearing, the court may extend the relief granted in an existing order for
protection or, if a petitioner's order for protection is no longer in effect when an application
for subsequent relief is made, grant a new order. The court may extend the terms of an
existing order or, if an order is no longer in effect, grant a new order upon a showing that:
(1) the respondent has violated a prior or existing order for protection;
(2) the petitioner is reasonably in fear of physical harm from the respondent;
(3) the respondent has engaged in acts of harassment or stalking within the meaning
of section 609.749, subdivision 2; or
(4) the respondent is incarcerated and about to be released, or has recently been
released from incarceration.
A petitioner does not need to show that physical harm is imminent to obtain an
extension or a subsequent order under this subdivision.
new text begin
(b) If the court extends relief in an existing order for protection or grants a new
order, the court may order the respondent to provide the following information to the
court for purposes of service of process: the respondent's home address, the respondent's
employment address, and the names and locations of the respondent's parents, siblings,
children, or other close relatives.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 3.
Minnesota Statutes 2006, section 595.02, subdivision 1, is amended to read:
Subdivision 1.
Competency of witnesses.
Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal, in court or
before any person who has authority to receive evidence, except as provided in this
subdivision:
(a) A husband cannot be examined for or against his wife without her consent, nor a
wife for or against her husband without his consent, nor can either, during the marriage or
afterwards, without the consent of the other, be examined as to any communication made
by one to the other during the marriage. This exception does not apply to a civil action or
proceeding by one against the other, nor to a criminal action or proceeding for a crime
committed by one against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is charged with
homicide or an attempt to commit homicide and the date of the marriage of the defendant
is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
neglect, dependency, or termination of parental rights.
(b) An attorney cannot, without the consent of the attorney's client, be examined as
to any communication made by the client to the attorney or the attorney's advice given
thereon in the course of professional duty; nor can any employee of the attorney be
examined as to the communication or advice, without the client's consent.
(c) A member of the clergy or other minister of any religion shall not, without the
consent of the party making the confession, be allowed to disclose a confession made to
the member of the clergy or other minister in a professional character, in the course of
discipline enjoined by the rules or practice of the religious body to which the member of
the clergy or other minister belongs; nor shall a member of the clergy or other minister of
any religion be examined as to any communication made to the member of the clergy or
other minister by any person seeking religious or spiritual advice, aid, or comfort or advice
given thereon in the course of the member of the clergy's or other minister's professional
character, without the consent of the person.
(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the
consent of the patient, be allowed to disclose any information or any opinion based thereon
which the professional acquired in attending the patient in a professional capacity, and
which was necessary to enable the professional to act in that capacity; after the decease
of the patient, in an action to recover insurance benefits, where the insurance has been
in existence two years or more, the beneficiaries shall be deemed to be the personal
representatives of the deceased person for the purpose of waiving this privilege, and no
oral or written waiver of the privilege shall have any binding force or effect except when
made upon the trial or examination where the evidence is offered or received.
(e) A public officer shall not be allowed to disclose communications made to the
officer in official confidence when the public interest would suffer by the disclosure.
(f) Persons of unsound mind and persons intoxicated at the time of their production
for examination are not competent witnesses if they lack capacity to remember or to relate
truthfully facts respecting which they are examined.
(g) A registered nurse, psychologist, consulting psychologist, or licensed social
worker engaged in a psychological or social assessment or treatment of an individual
at the individual's request shall not, without the consent of the professional's client, be
allowed to disclose any information or opinion based thereon which the professional has
acquired in attending the client in a professional capacity, and which was necessary to
enable the professional to act in that capacity. Nothing in this clause exempts licensed
social workers from compliance with the provisions of sections 626.556 and 626.557.
(h) An interpreter for a person disabled in communication shall not, without the
consent of the person, be allowed to disclose any communication if the communication
would, if the interpreter were not present, be privileged. For purposes of this section, a
"person disabled in communication" means a person who, because of a hearing, speech
or other communication disorder, or because of the inability to speak or comprehend the
English language, is unable to understand the proceedings in which the person is required
to participate. The presence of an interpreter as an aid to communication does not destroy
an otherwise existing privilege.
(i) Licensed chemical dependency counselors shall not disclose information or
an opinion based on the information which they acquire from persons consulting them
in their professional capacities, and which was necessary to enable them to act in that
capacity, except that they may do so:
(1) when informed consent has been obtained in writing, except in those
circumstances in which not to do so would violate the law or would result in clear and
imminent danger to the client or others;
(2) when the communications reveal the contemplation or ongoing commission
of a crime; or
(3) when the consulting person waives the privilege by bringing suit or filing charges
against the licensed professional whom that person consulted.
(j) A parent or the parent's minor child may not be examined as to any communication
made in confidence by the minor to the minor's parent. A communication is confidential if
made out of the presence of persons not members of the child's immediate family living
in the same household. This exception may be waived by express consent to disclosure
by a parent entitled to claim the privilege or by the child who made the communication
or by failure of the child or parent to object when the contents of a communication are
demanded. This exception does not apply to a civil action or proceeding by one spouse
against the other or by a parent or child against the other, nor to a proceeding to commit
either the child or parent to whom the communication was made or to place the person or
property or either under the control of another because of an alleged mental or physical
condition, nor to a criminal action or proceeding in which the parent is charged with a
crime committed against the person or property of the communicating child, the parent's
spouse, or a child of either the parent or the parent's spouse, or in which a child is charged
with a crime or act of delinquency committed against the person or property of a parent
or a child of a parent, nor to an action or proceeding for termination of parental rights,
nor any other action or proceeding on a petition alleging child abuse, child neglect,
abandonment or nonsupport by a parent.
(k) Sexual assault counselors may not be deleted text begin compelled to testify aboutdeleted text end new text begin allowed to
disclosenew text end any opinion or information received from or about the victim without the consent
of the victim. However, a counselor may be compelled to identify or disclose information
in investigations or proceedings related to neglect or termination of parental rights if the
court determines good cause exists. In determining whether to compel disclosure, the
court shall weigh the public interest and need for disclosure against the effect on the
victim, the treatment relationship, and the treatment services if disclosure occurs. Nothing
in this clause exempts sexual assault counselors from compliance with the provisions
of sections 626.556 and 626.557.
"Sexual assault counselor" for the purpose of this section means a person who has
undergone at least 40 hours of crisis counseling training and works under the direction
of a supervisor in a crisis center, whose primary purpose is to render advice, counseling,
or assistance to victims of sexual assault.
(l) A person cannot be examined as to any communication or document, including
worknotes, made or used in the course of or because of mediation pursuant to an
agreement to mediate. This does not apply to the parties in the dispute in an application
to a court by a party to have a mediated settlement agreement set aside or reformed.
A communication or document otherwise not privileged does not become privileged
because of this paragraph. This paragraph is not intended to limit the privilege accorded
to communication during mediation by the common law.
(m) A child under ten years of age is a competent witness unless the court finds that
the child lacks the capacity to remember or to relate truthfully facts respecting which the
child is examined. A child describing any act or event may use language appropriate for
a child of that age.
(n) A communication assistant for a telecommunications relay system for
communication-impaired persons shall not, without the consent of the person making the
communication, be allowed to disclose communications made to the communication
assistant for the purpose of relaying.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 4.
Minnesota Statutes 2006, section 609.748, subdivision 5, is amended to read:
Subd. 5.
Restraining order.
(a) The court may grant a restraining order ordering
the respondent to cease or avoid the harassment of another person or to have no contact
with that person if all of the following occur:
(1) the petitioner has filed a petition under subdivision 3;
(2) the sheriff has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and
(3) the court finds at the hearing that there are reasonable grounds to believe that
the respondent has engaged in harassment.
A restraining order may be issued only against the respondent named in the petition;
except that if the respondent is an organization, the order may be issued against and apply
to all of the members of the organization. Relief granted by the restraining order must be
for a fixed period of not more than two years. When a referee presides at the hearing on
the petition, the restraining order becomes effective upon the referee's signature.
new text begin
If the petitioner has had one or more restraining orders in effect against the
respondent, the court may order the respondent to provide the following information to the
court for purposes of service of process: the respondent's home address, the respondent's
employment address, and the names and locations of the respondent's parents, siblings,
children, or other close relatives.
new text end
(b) An order issued under this subdivision must be personally served upon the
respondent.new text begin If personal service cannot be made, the court may order service by alternate
means, or by publication, which publication must be made as in other actions. 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 EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 5.
Minnesota Statutes 2006, section 611A.036, subdivision 2, is amended to read:
Subd. 2.
Victim's spouse or next of kin.
An employer must allow a victim of a
deleted text begin heinousdeleted text end new text begin violentnew text end crime, as well as the victim's spouse or next of kin, reasonable time off
from work to attend criminal proceedings related to the victim's case.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 6.
Minnesota Statutes 2006, section 611A.036, subdivision 7, is amended to read:
Subd. 7.
Definition.
As used in this section, deleted text begin "heinous crime"deleted text end new text begin "violent crime"new text end meansnew text begin
a violation or attempt to violate any of the followingnew text end :new text begin section 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.2231; 609.2241; 609.2242;
609.2245; 609.2247; 609.228; 609.23; 609.231; 609.2325; 609.233; 609.235; 609.24;
609.245; 609.25; 609.255; 609.265; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665;
609.267; 609.2671; 609.2672; 609.268; 609.282; 609.342; 609.343; 609.344; 609.345;
609.3451; 609.3453; 609.352; 609.377; 609.378; 609.561, subdivision 1; 609.582,
subdivision 1, paragraph (a) or (c); or 609.66, subdivision 1e, paragraph (b).
new text end
deleted text begin
(1) a violation or attempted violation of section or ;
deleted text end
deleted text begin
(2) a violation of section or ; or
deleted text end
deleted text begin
(3) a violation of section , , or , if the offense was committed
with force or violence or if the complainant was a minor at the time of the offense.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 7.
new text begin
[611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL
CONDUCT COMPLAINTS; LIMITATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Polygraph prohibition. new text end
new text begin
No law enforcement agency or prosecutor
shall require that a complainant of a criminal sexual conduct offense submit to a polygraph
examination as part of or a condition to proceeding with the investigation, charging,
or prosecution of such offense.
new text end
new text begin Subd. 2. new text end
new text begin Law enforcement inquiry. new text end
new text begin
A law enforcement agency or prosecutor may
not ask that a complainant of a criminal sexual conduct offense submit to a polygraph
examination as part of the investigation, charging, or prosecution of such offense unless
the complainant has been referred to, and had the opportunity to exercise the option of
consulting with a sexual assault counselor as defined in section 595.02, subdivision 1,
paragraph (k).
new text end
new text begin Subd. 3. new text end
new text begin Informed consent requirement. new text end
new text begin
At the request of the complainant, a law
enforcement agency may conduct a polygraph examination of the complainant only with
the complainant's written, informed consent as provided in subdivision 3.
new text end
new text begin Subd. 4. new text end
new text begin Informed consent. new text end
new text begin
To consent to a polygraph, a complainant must be
informed in writing that:
new text end
new text begin
(1) the taking of the polygraph examination is voluntary and solely at the victim's
request;
new text end
new text begin
(2) a law enforcement agency or prosecutor may not ask or require that the
complainant submit to a polygraph examination;
new text end
new text begin
(3) the results of the examination are not admissible in court; and
new text end
new text begin
(4) the complainant's refusal to take a polygraph examination may not be used
as a basis by the law enforcement agency or prosecutor not to investigate, charge, or
prosecute the offender.
new text end
new text begin Subd. 5. new text end
new text begin Polygraph refusal. new text end
new text begin
A complainant's refusal to submit to a polygraph
examination shall not prevent the investigation, charging, or prosecution of the offense.
new text end
new text begin Subd. 6. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(a) "Criminal sexual conduct" means a violation of section 609.342, 609.343,
609.344, 609.345, or 609.3451.
new text end
new text begin
(b) "Complainant" means a person reporting to have been subjected to criminal
sexual conduct.
new text end
new text begin
(c) "Polygraph examination" means any mechanical or electrical instrument or
device of any type used or allegedly used to examine, test, or question individuals for
the purpose of determining truthfulness.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2008.
new text end
ARTICLE 4
COURTS AND PUBLIC DEFENDERS
Section 1.
Minnesota Statutes 2006, section 3.732, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in this section and section 3.736 the terms
defined in this section have the meanings given them.
(1) "State" includes each of the departments, boards, agencies, commissions, courts,
and officers in the executive, legislative, and judicial branches of the state of Minnesota
and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
Higher Education, the Higher Education Facilities Authority, the Health Technology
Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron
Range Resources and Rehabilitation Board, the State Agricultural Society, the University
of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state
penal institutions. It does not include a city, town, county, school district, or other local
governmental body corporate and politic.
(2) "Employee of the state" means all present or former officers, members, directors,
or employees of the state, members of the Minnesota National Guard, members of a
bomb disposal unit approved by the commissioner of public safety and employed by a
municipality defined in section 466.01 when engaged in the disposal or neutralization of
bombs or other similar hazardous explosives, as defined in section 299C.063, outside the
jurisdiction of the municipality but within the state, or persons acting on behalf of the state
in an official capacity, temporarily or permanently, with or without compensation. It does
not include either an independent contractornew text begin except, for purposes of this section and
section 3.736 only, a guardian ad litem acting under court appointment,new text end or members of the
Minnesota National Guard while engaged in training or duty under United States Code,
title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December
31, 1983. Notwithstanding sections 43A.02 and 611.263, for purposes of this section and
section 3.736 only, "employee of the state" includes a district public defender or assistant
district public defender in the Second or Fourth Judicial District and a member of the
Health Technology Advisory Committee.
(3) "Scope of office or employment" means that the employee was acting on behalf
of the state in the performance of duties or tasks lawfully assigned by competent authority.
(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 2.
Minnesota Statutes 2006, section 3.736, subdivision 1, is amended to read:
Subdivision 1.
General rule.
The state will pay compensation for injury to or loss
of property or personal injury or death caused by an act or omission of an employee of
the state while acting within the scope of office or employment or a peace officer who is
not acting on behalf of a private employer and who is acting in good faith under section
629.40, subdivision 4, under circumstances where the state, if a private person, would be
liable to the claimant, whether arising out of a governmental or proprietary function.
Nothing in this section waives the defense of judicialnew text begin , quasi-judicial,new text end or legislative
immunity except to the extent provided in subdivision 8.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 3.
Minnesota Statutes 2006, section 15A.083, subdivision 4, is amended to read:
Subd. 4.
Ranges for other judicial positions.
Salaries or salary ranges are provided
for the following positions in the judicial branch of government. The appointing authority
of any position for which a salary range has been provided shall fix the individual salary
within the prescribed range, considering the qualifications and overall performance of the
employee. deleted text begin The Supreme Court shall set the salary of the state court administrator and the
salaries of district court administrators. The salary of the state court administrator or a
district court administrator may not exceed the salary of a district court judge.deleted text end If district
court administrators die, the amounts of their unpaid salaries for the months in which
their deaths occur must be paid to their estates. The salary of the state public defender
shall be fixed by the State Board of Public Defense but must not exceed the salary of a
district court judge.
| Salary or Range |
|
| Effective |
|
| July 1, 1994 |
|
| Board on Judicial Standards executive director |
$44,000-60,000 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 4.
Minnesota Statutes 2006, section 260C.193, subdivision 6, is amended to read:
Subd. 6.
Termination of jurisdiction.
The court may dismiss the petition or
otherwise terminate its jurisdiction on its own motion or on the motion or petition of any
interested party at any time. Unless terminated by the court, and except as otherwise
provided in this subdivision, the jurisdiction of the court shall continue until the individual
becomes 19 years of age if the court determines it is in the best interest of the individual
to do so. deleted text begin Court jurisdiction under section 260C.007, subdivision 6, clause (14), may
not continue past the child's 18th birthday.deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 5.
Minnesota Statutes 2006, section 270A.03, subdivision 5, is amended to read:
Subd. 5.
Debt.
"Debt" means a legal obligation of a natural person to pay a fixed
and certain amount of money, which equals or exceeds $25 and which is due and payable
to a claimant agency. The term includes criminal fines imposed under section 609.10 or
609.125, fines imposed for petty misdemeanors as defined in section 609.02, subdivision
4a, and restitution. deleted text begin The term also includes the co-payment for the appointment of a district
public defender imposed under section 611.17, paragraph (c).deleted text end A debt may arise under a
contractual or statutory obligation, a court order, or other legal obligation, but need not
have been reduced to judgment.
A debt includes any legal obligation of a current recipient of assistance which is
based on overpayment of an assistance grant where that payment is based on a client
waiver or an administrative or judicial finding of an intentional program violation;
or where the debt is owed to a program wherein the debtor is not a client at the time
notification is provided to initiate recovery under this chapter and the debtor is not a
current recipient of food support, transitional child care, or transitional medical assistance.
A debt does not include any legal obligation to pay a claimant agency for medical
care, including hospitalization if the income of the debtor at the time when the medical
care was rendered does not exceed the following amount:
(1) for an unmarried debtor, an income of $8,800 or less;
(2) for a debtor with one dependent, an income of $11,270 or less;
(3) for a debtor with two dependents, an income of $13,330 or less;
(4) for a debtor with three dependents, an income of $15,120 or less;
(5) for a debtor with four dependents, an income of $15,950 or less; and
(6) for a debtor with five or more dependents, an income of $16,630 or less.
The income amounts in this subdivision shall be adjusted for inflation for debts
incurred in calendar years 2001 and thereafter. The dollar amount of each income level
that applied to debts incurred in the prior year shall be increased in the same manner
as provided in section 1(f) of the Internal Revenue Code of 1986, as amended through
December 31, 2000, except that for the purposes of this subdivision the percentage increase
shall be determined from the year starting September 1, 1999, and ending August 31, 2000,
as the base year for adjusting for inflation for debts incurred after December 31, 2000.
Debt also includes an agreement to pay a MinnesotaCare premium, regardless of the
dollar amount of the premium authorized under section 256L.15, subdivision 1a.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 6.
Minnesota Statutes 2006, section 352D.02, subdivision 1, is amended to read:
Subdivision 1.
Coverage.
(a) Employees enumerated in paragraph (c), clauses (2),
(3), (4), and (6) to (14), if they are in the unclassified service of the state or Metropolitan
Council and are eligible for coverage under the general state employees retirement plan
under chapter 352, are participants in the unclassified plan under this chapter unless the
employee gives notice to the executive director of the Minnesota State Retirement System
within one year following the commencement of employment in the unclassified service
that the employee desires coverage under the general state employees retirement plan.
For the purposes of this chapter, an employee who does not file notice with the executive
director is deemed to have exercised the option to participate in the unclassified plan.
(b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
program under this chapter unless the person was eligible to elect different coverage under
section 3A.07 and elected retirement coverage by the applicable alternative retirement
plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified
program under this chapter for judicial employment in excess of the service credit limit in
section 490.121, subdivision 22.
(c) Enumerated employees and referenced persons are:
(1) the governor, the lieutenant governor, the secretary of state, the state auditor,
and the attorney general;
(2) an employee in the Office of the Governor, Lieutenant Governor, Secretary
of State, State Auditor, Attorney General;
(3) an employee of the State Board of Investment;
(4) the head of a department, division, or agency created by statute in the unclassified
service, an acting department head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;
(5) a member of the legislature;
(6) a full-time unclassified employee of the legislature or a commission or agency of
the legislature who is appointed without a limit on the duration of the employment or a
temporary legislative employee having shares in the supplemental retirement fund as a
result of former employment covered by this chapter, whether or not eligible for coverage
under the Minnesota State Retirement System;
(7) a person who is employed in a position established under section 43A.08,
subdivision 1, clause (3), or in a position authorized under a statute creating or establishing
a department or agency of the state, which is at the deputy or assistant head of department
or agency or director level;
(8) the regional administrator, or executive director of the Metropolitan Council,
general counsel, division directors, operations managers, and other positions as designated
by the council, all of which may not exceed 27 positions at the council and the chair;
(9) the executive director, associate executive director, and not to exceed nine
positions of the Minnesota Office of Higher Education in the unclassified service, as
designated by the Minnesota Office of Higher Education before January 1, 1992, or
subsequently redesignated with the approval of the board of directors of the Minnesota
State Retirement System, unless the person has elected coverage by the individual
retirement account plan under chapter 354B;
(10) the clerk of the appellate courts appointed under article VI, section 2, of the
Constitution of the state of Minnesotanew text begin , the state court administrator and judicial district
administratorsnew text end ;
(11) the chief executive officers of correctional facilities operated by the Department
of Corrections and of hospitals and nursing homes operated by the Department of Human
Services;
(12) an employee whose principal employment is at the state ceremonial house;
(13) an employee of the Minnesota Educational Computing Corporation;
(14) an employee of the State Lottery who is covered by the managerial plan
established under section 43A.18, subdivision 3; and
(15) a judge who has exceeded the service credit limit in section 490.121,
subdivision 22.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 7.
Minnesota Statutes 2006, section 484.54, subdivision 2, is amended to read:
Subd. 2.
Expense payments.
A judge shall be paid travel and subsistence expenses
for travel from the judge's place of residence to and from the judge's permanent chambers
only for a period of two years deleted text begin after July 1, 1977, or the date the judge initially assumes
office, whichever is laterdeleted text end new text begin as provided by Judicial Council policynew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 8.
Minnesota Statutes 2006, section 484.83, is amended to read:
484.83 REINSTATEMENT OF FORFEITED SUMS.
new text begin Subdivision 1. new text end
new text begin Abandonment of fees. new text end
new text begin
All sums deposited with the court
administrator to cover fees shall be deemed abandoned if the fees are not disbursed or
the services covered by the fees are not performed and the person entitled to refund of
the fees does not file a written demand for a refund with the court administrator within
six months from the date of trial, dismissal, or striking of the cause as to jury fees and
from the date of deposit as to other fees.
new text end
new text begin Subd. 2. new text end
new text begin Bail forfeitures. new text end
new text begin
Any bail not forfeited by court order shall be deemed
abandoned and forfeited if the person entitled to a refund does not file a written demand
for a refund with the court administrator within six months from the date when the person
became entitled to the refund.
new text end
new text begin Subd. 3. new text end
new text begin Reinstated forfeited sums. new text end
A district court judge may order any sums
forfeited to be reinstated and the commissioner of finance shall then refund accordingly.
The commissioner of finance shall reimburse the court administrator if the court
administrator refunds the deposit upon a judge's order and obtains a receipt to be used
as a voucher.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 9.
Minnesota Statutes 2006, section 504B.361, subdivision 1, is amended to read:
Subdivision 1.
Summons and writ.
(a) Thenew text begin state court administrator shall develop a
uniform form for thenew text end summons and writ of recovery of premises and order to vacate
deleted text begin may be substantially in the forms in paragraphs (b) and (c)deleted text end .
deleted text begin
(b)
deleted text end
deleted text begin
FORM OF SUMMONS
deleted text end
|
deleted text begin
State of Minnesota
.
)
deleted text end |
|
|
deleted text begin
) deleted text end |
deleted text begin
ss. deleted text end |
|
deleted text begin
County of
.
)
deleted text end |
deleted text begin
Whereas, ..............., of ..........., has filed with the undersigned, a judge of county
stated, a complaint against ..............., of .........., a copy of which is attached: You
are hereby summoned to appear before the undersigned on the .......... day of ..........,
year.........., at .......... o'clock ...m., at .........., to answer and defend against the complaint
and to further be dealt with according to law.
deleted text end
|
deleted text begin
Dated at ........, this ........ day of ........, year ...... deleted text end |
|
|
deleted text begin
.
,
. deleted text end |
|
|
deleted text begin
Judge of
.
court.
. deleted text end |
deleted text begin
(c)
deleted text end
deleted text begin
FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE
deleted text end
|
deleted text begin
State of Minnesota
.
)
deleted text end |
|
|
deleted text begin
) deleted text end |
deleted text begin
ss. deleted text end |
|
deleted text begin
County of
.
)
deleted text end |
deleted text begin
The State of Minnesota, to the Sheriff of the County:
deleted text end
deleted text begin
Whereas, ..............., the plaintiff, of ..............., in an eviction action, at a court held
at ..............., in the county of ....................., on the ............... day of ..............., year
..............., before ..............., a judge of the county, recovered a judgment against ...............,
the ..............., to have recovery of the following premises (describe here the property
as in the complaint): ..................
deleted text end
deleted text begin
Therefore, you are commanded that, taking with you the force of the county, if
necessary, you cause ................. to be immediately removed from the premises, and the
plaintiff to recover the premises. You are also commanded that from the personal property
of ........................ within the county that you seize and sell, the plaintiff be paid ............ .
dollars, as the costs assessed against the defendant, together with 25 cents for this writ.
You are ordered to return this writ within 30 days.
deleted text end
|
deleted text begin
Dated at ....., this ..... day of ....., year .... deleted text end |
|
|
deleted text begin
.
,
. deleted text end |
|
|
deleted text begin
Judge of
.
court.
. deleted text end |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 10.
Minnesota Statutes 2006, section 518.165, subdivision 1, is amended to read:
Subdivision 1.
Permissive appointment of guardian ad litem.
In all proceedings
for child custody or for dissolution or legal separation where custody or parenting time
with a minor child is in issue, the court may appoint a guardian ad litem from a panel
established by the court to represent the interests of the child. The guardian ad litem shall
advise the court with respect to custodydeleted text begin , support,deleted text end and parenting time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 11.
Minnesota Statutes 2006, section 518.165, subdivision 2, is amended to read:
Subd. 2.
Required appointment of guardian ad litem.
In all proceedings for child
custody or for marriage dissolution or legal separation in which custody or parenting time
with a minor child is an issue, if the court has reason to believe that the minor child is a
victim of domestic child abuse or neglect, as those terms are defined in sections 260C.007
and 626.556, respectively, the court shall appoint a guardian ad litem. The guardian
ad litem shall represent the interests of the child and advise the court with respect to
custodydeleted text begin , support,deleted text end and parenting time. If the child is represented by a guardian ad litem in
any other pending proceeding, the court may appoint that guardian to represent the child
in the custody or parenting time proceeding. No guardian ad litem need be appointed if
the alleged domestic child abuse or neglect is before the court on a juvenile dependency
and neglect petition. Nothing in this subdivision requires the court to appoint a guardian
ad litem in any proceeding for child custody, marriage dissolution, or legal separation in
which an allegation of domestic child abuse or neglect has not been made.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 12.
Minnesota Statutes 2006, section 518A.35, subdivision 3, is amended to read:
Subd. 3.
Income cap on determining basic support.
(a) The basic support
obligation for parents with a combined parental income for determining child support in
excess of the income limit currently in effect under subdivision 2 must be the same dollar
amount as provided for the parties with a combined parental income for determining child
support equal to the income in effect under subdivision 2.
(b) A court may order a basic support obligation in a child support order in an
amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability
or other substantial, demonstrated need for the additional support for those reasons set
forth in section 518A.43 and that the additional support will directly benefit the child.
deleted text begin
(c) The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of
every even-numbered year to reflect cost-of-living changes. The Supreme Court must
select the index for the adjustment from the indices listed in section , subdivision
1. The state court administrator must make the changes in the dollar amounts required
by this paragraph available to courts and the public on or before April 30 of the year in
which the amount is to change.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 13.
Minnesota Statutes 2006, section 563.01, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Copy costs. new text end
new text begin
The court administrator shall provide a person who is
proceeding in forma pauperis with copies of the person's court file without charge.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 14.
Minnesota Statutes 2006, section 590.05, is amended to read:
590.05 INDIGENT PETITIONERS.
A person financially unable to obtain counsel who desires to pursue the remedy
provided in section 590.01 may apply for representation by the state public defender.
The state public defender shall represent such person under the applicable provisions
of sections 611.14 to 611.27, if the person has not already had a direct appeal of the
conviction. deleted text begin If, however, the person pled guilty and received a presumptive sentence or a
downward departure in sentence, and the state public defender reviewed the person's case
and determined that there was no basis for an appeal of the conviction or of the sentence,
then the state public defender may decline to represent the person in a postconviction
remedy case.deleted text end The state public defender may represent, without charge, all other persons
pursuing a postconviction remedy under section 590.01, who are financially unable
to obtain counsel.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 15.
Minnesota Statutes 2006, section 609.135, subdivision 8, is amended to read:
Subd. 8.
Fine and surcharge collection.
A defendant's obligation to pay
court-ordered fines, surcharges, court costs,new text begin restitution,new text end and fees shall survive for a period
of six years from the date of the expiration of the defendant's stayed sentence for the
offense for which the fines, surcharges, court costs, new text begin restitution,new text end and fees were imposed, or
six years from the imposition or due date of the fines, surcharges, court costs,new text begin restitution,new text end
and fees, whichever is later. Nothing in this subdivision extends the period of a defendant's
stay of sentence imposition or execution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 16.
Minnesota Statutes 2006, section 611.14, is amended to read:
611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
The following persons who are financially unable to obtain counsel are entitled to be
represented by a public defender:
(1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
person charged under sections 629.01 to 629.29;
(2) a person appealing from a conviction of a felony or gross misdemeanor, or
a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction
proceeding and who has not already had a direct appeal of the convictiondeleted text begin , but if the person
pled guilty and received a presumptive sentence or a downward departure in sentence,
and the state public defender reviewed the person's case and determined that there was no
basis for an appeal of the conviction or of the sentence, then the state public defender may
decline to represent the person in a postconviction remedy casedeleted text end ;
(3) a person who is entitled to be represented by counsel under section 609.14,
subdivision 2; or
(4) a minor ten years of age or older who is entitled to be represented by counsel
under section 260B.163, subdivision 4, or 260C.163, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 17.
Minnesota Statutes 2006, section 611.20, subdivision 6, is amended to read:
Subd. 6.
Reimbursement schedule guidelines.
In determining a defendant's
reimbursement schedule, the court may derive a specific dollar amount per month
by multiplying the defendant's net income by the percent indicated by the following
guidelines:
| Net Income Per Month of Defendant |
Number of Dependents Not Including Defendant |
|||||||||
| 4 or more |
3 |
2 |
1 |
0 |
||||||
| $200 and Below |
Percentage based on the ability of the defendant to pay as determined by the court. |
|||||||||
| $200 - 350 |
8% |
9.5% |
11% |
12.5% |
14% |
|||||
| $351 - 500 |
9% |
11% |
12.5% |
14% |
15% |
|||||
| $501 - 650 |
10% |
12% |
14% |
15% |
17% |
|||||
| $651 - 800 |
11% |
13.5% |
15.5% |
17% |
19% |
|||||
| $801 and above |
12% |
14.5% |
17% |
19% |
20% |
|||||
deleted text begin
"Net income" shall have the meaning given it in section 518.551, subdivision 5.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 18.
Minnesota Statutes 2006, section 611.215, subdivision 1, is amended to read:
Subdivision 1.
Structure; membership.
(a) The State Board of Public Defense
is a part of, but is not subject to the administrative control of, the judicial branch of
government. The State Board of Public Defense shall consist of seven members including:
(1) four attorneys admitted to the practice of law, well acquainted with the defense
of persons accused of crime, but not employed as prosecutors, appointed by the Supreme
Court; and
(2) three public members appointed by the governor.
deleted text begin After the expiration of the terms of persons appointed to the board before March
1, 1991,deleted text end The appointing authorities may not appoint a person who is a judge to be a
member of the State Board of Public Defense, other than as a member of the ad hoc
Board of Public Defense.
(b) All members shall demonstrate an interest in maintaining a high quality,
independent defense system for those who are unable to obtain adequate representation.
Appointments to the board shall include qualified women and members of minority
groups. At least three members of the board shall be from judicial districts other than the
First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation, and removal
of members shall be as provided in section 15.0575. The chair shall be elected by the
members from among the membership for a term of two years.
(c) In addition, the State Board of Public Defense shall consist of a nine-member ad
hoc board when considering the appointment of district public defenders under section
611.26, subdivision 2. The terms of chief district public defenders currently serving shall
terminate in accordance with the staggered term schedule set forth in section 611.26,
subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 19.
Minnesota Statutes 2006, section 611.215, subdivision 1a, is amended to read:
Subd. 1a.
Chief administrator.
Thenew text begin State Board of Public Defense, with the advice
of thenew text end state public defendernew text begin ,new text end shall appoint a chief administrator who must be chosen
solely on the basis of training, experience, and other qualifications, and who will serve
at the pleasure of the deleted text begin state public defenderdeleted text end new text begin State Board of Public Defensenew text end . The chief
administrator need not be licensed to practice law. The chief administrator shall attend all
meetings of the board, but may not vote, and shall:
(1) enforce all resolutions, rules, regulations, or orders of the board;
(2) present to the board and the state public defender plans, studies, and reports
prepared for the board's and the state public defender's purposes and recommend to the
board and the state public defender for adoption measures necessary to enforce or carry
out the powers and duties of the board and the state public defender, or to efficiently
administer the affairs of the board and the state public defender;
(3) keep the board fully advised as to its financial condition, and prepare and submit
to the board its annual budget and other financial information as it may request;
(4) recommend to the board the adoption of rules and regulations necessary for the
efficient operation of the board and its functions; and
(5) perform other duties prescribed by the board and the state public defender.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 20.
Minnesota Statutes 2006, section 611.23, is amended to read:
611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT;
SALARY.
The state public defender is responsible to the State Board of Public Defense.new text begin The
state public defender shall supervise the operation, activities, policies, and procedures
of the statewide public defender system. When requested by a district public defender
or appointed counsel, the state public defender may assist the district public defender,
appointed counsel, or an organization designated in section 611.216 in the performance
of duties, including trial representation in matters involving legal conflicts of interest or
other special circumstances, and assistance with legal research and brief preparation.new text end
The state public defender shall be appointed by the State Board of Public Defense for a
term of four years, except as otherwise provided in this section, and until a successor is
appointed and qualified. The state public defender shall be a full-time qualified attorney,
licensed to practice law in this state, serve in the unclassified service of the state, and
be removed only for cause by the appointing authority. Vacancies in the office shall be
filled by the appointing authority for the unexpired term. The salary of the state public
defender shall be fixed by the State Board of Public Defense but must not exceed the
salary of a district court judge. Terms of the state public defender shall commence on July
1. The state public defender shall devote full time to the performance of duties and shall
not engage in the general practice of law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 21.
Minnesota Statutes 2006, section 611.24, is amended to read:
611.24 new text begin CHIEF APPELLATE PUBLIC DEFENDER; new text end ORGANIZATION OF
OFFICE; ASSISTANTS.
deleted text begin The state public defender shall supervise the operation, activities, policies and
procedures of the state public defender system. The state public defender shall employ or
retain assistant state public defenders, a chief administrator, a deputy statedeleted text end new text begin (a) Beginning
January 1, 2007, and for every four years after that date, the State Board of Public Defense
shall appoint a chief appellatenew text end public defender in charge of appellate services,new text begin who shall
employ or retain assistant state public defendersnew text end and other personnel as may be necessary
to discharge the functions of the office.new text begin The chief appellate public defender shall serve a
four-year term and may be removed only for cause upon the order of the State Board of
Public Defense. The chief appellate public defender shall be a full-time qualified attorney,
licensed to practice law in this state, and serve in the unclassified service of the state.
Vacancies in the office shall be filled by the appointing authority for the unexpired term.
new text end
new text begin (b)new text end An assistant state public defender shall be a qualified attorney, licensed to
practice law in this state, serve in the unclassified service of the state if employed, and
serve at the pleasure of the appointing authority at a salary or retainer fee not to exceed
reasonable compensation for comparable services performed for other governmental
agencies or departments. Retained or part-time employed assistant state public defenders
may engage in the general practice of law.new text begin The compensation of the chief appellate public
defender and the compensation of each assistant state public defender shall be set by the
State Board of Public Defense. The chief appellate public defender shall devote full time
to the performance of duties and shall not engage in the general practice of law.
new text end
new text begin
(c) The incumbent deputy state public defender as of December 31, 2006, shall be
appointed as the chief appellate public defender for the four-year term beginning on
January 1, 2007.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 22.
Minnesota Statutes 2006, section 611.25, subdivision 1, is amended to read:
Subdivision 1.
Representation.
(a) The deleted text begin statedeleted text end new text begin chief appellatenew text end public defender shall
represent, without charge:
(1) a defendant or other person appealing from a conviction of a felony or gross
misdemeanor;
(2) a person convicted of a felony or gross misdemeanor who is pursuing a
postconviction proceeding and who has not already had a direct appeal of the convictiondeleted text begin ,
but if the person pled guilty and received a presumptive sentence or a downward departure
in sentence, and the state public defender reviewed the person's case and determined that
there was no basis for an appeal of the conviction or of the sentence, then the state public
defender may decline to represent the person in a postconviction remedy casedeleted text end ; and
(3) a child who is appealing from a delinquency adjudication or from an extended
jurisdiction juvenile conviction.
(b) The deleted text begin statedeleted text end new text begin chief appellatenew text end public defender may represent, without charge, all other
persons pursuing a postconviction remedy under section 590.01, who are financially
unable to obtain counsel.
(c) deleted text begin The state public defender shall represent any other person, who is financially
unable to obtain counsel, when directed to do so by the Supreme Court or the Court of
Appeals, except thatdeleted text end The deleted text begin statedeleted text end new text begin chief appellatenew text end public defender shall not represent a person
in any action or proceeding in which a party is seeking a monetary judgment, recovery or
award. deleted text begin When requested by a district public defender or appointed counsel, the state public
defender may assist the district public defender, appointed counsel, or an organization
designated in section 611.216 in the performance of duties, including trial representation in
matters involving legal conflicts of interest or other special circumstances, and assistance
with legal research and brief preparation. When the state public defender is directed by a
court to represent a defendant or other person, the state public defender may assign the
representation to any district public defender.deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 23.
Minnesota Statutes 2006, section 611.26, subdivision 2, is amended to read:
Subd. 2.
Appointment; terms.
The state Board of Public Defense shall appoint a
chief district public defender for each judicial district. When appointing a chief district
public defender, the state Board of Public Defense membership shall be increased to
include two residents of the district appointed by the chief judge of the district to reflect
the characteristics of the population served by the public defender in that district. The
additional members shall serve only in the capacity of selecting the district public
defender. The ad hoc state Board of Public Defense shall appoint a chief district public
defender only after requesting and giving reasonable time to receive any recommendations
from the public, the local bar association, and the judges of the district. Each chief district
public defender shall be a qualified attorney licensed to practice law in this state. The chief
district public defender shall be appointed for a term of four years, beginning January 1,
pursuant to the following staggered term schedule: (1) in deleted text begin 2000deleted text end new text begin 2008new text end , the second and
eighth districts; (2) in deleted text begin 2001deleted text end new text begin 2009new text end , the first, third, fourth, and tenth districts; (3) in deleted text begin 2002deleted text end new text begin
2010new text end , the fifth and ninth districts; and (4) in deleted text begin 1999deleted text end new text begin 2011new text end , the sixth and seventh districts.
The chief district public defenders shall serve for four-year terms and may be removed for
cause upon the order of the state Board of Public Defense. Vacancies in the office shall
be filled by the appointing authority for the unexpired term.new text begin The chief district public
defenders shall devote full time to the performance of duties and shall not engage in the
general practice of law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 24.
Minnesota Statutes 2006, section 611.26, subdivision 7, is amended to read:
Subd. 7.
Other employment.
deleted text begin Chief district public defenders anddeleted text end Assistant district
public defenders may engage in the general practice of law where not employed on a
full-time basis.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 25.
Minnesota Statutes 2006, section 611.27, subdivision 3, is amended to read:
Subd. 3.
Transcript use.
If the deleted text begin statedeleted text end new text begin chief appellatenew text end public defender or a district
public defender deems it necessary to make a motion for a new trial, to take an appeal,
or other postconviction proceedings in order to properly represent a defendant or other
person whom that public defender had been directed to represent, that public defender
may use the transcripts of the testimony and other proceedings filed with the court
administrator of the district court as provided by section 243.49.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 26.
Minnesota Statutes 2006, section 611.27, subdivision 13, is amended to read:
Subd. 13.
Public defense services; correctional facility inmates.
All billings for
services rendered and ordered under subdivision 7 shall require the approval of the chief
district public defender before being forwarded on a monthly basis to the state public
defender. In cases where adequate representation cannot be provided by the district public
defender and where counsel has been appointed under a court order, the state public
defender shall forward to the commissioner of finance all billings for services rendered
under the court order. The commissioner shall pay for services from deleted text begin county criminal
justice aid retained by the commissioner of revenue for that purpose under section
477A.0121, subdivision 4, or fromdeleted text end county program aid retained by the commissioner of
revenue for that purpose under section 477A.0124, subdivision 1, clause (4), or 477A.03,
subdivision 2b, paragraph (a).
The costs of appointed counsel and associated services in cases arising from new
criminal charges brought against indigent inmates who are incarcerated in a Minnesota
state correctional facility are the responsibility of the state Board of Public Defense. In
such cases the state public defender may follow the procedures outlined in this section for
obtaining court-ordered counsel.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 27.
Minnesota Statutes 2006, section 611.27, subdivision 15, is amended to read:
Subd. 15.
Costs of transcripts.
In appeal cases and postconviction cases where the
deleted text begin statedeleted text end new text begin appellatenew text end public defender's office does not have sufficient funds to pay for transcripts
and other necessary expenses because it has spent or committed all of the transcript funds
in its annual budget, the state public defender may forward to the commissioner of finance
all billings for transcripts and other necessary expenses. The commissioner shall pay for
these transcripts and other necessary expenses from deleted text begin county criminal justice aid retained
by the commissioner of revenue under section 477A.0121, subdivision 4, or fromdeleted text end county
program aid retained by the commissioner of revenue for that purpose under section
477A.0124, subdivision 1, clause (4), or 477A.03, subdivision 2b, paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 28.
Minnesota Statutes 2006, section 611.35, is amended to read:
611.35 REIMBURSEMENT OF deleted text begin PUBLIC DEFENDER AND APPOINTIVEdeleted text end new text begin
APPOINTEDnew text end COUNSEL.
Subdivision 1.
Reimbursement; civil obligation.
Any person who is represented
by deleted text begin a public defender or appointivedeleted text end new text begin appointednew text end counsel shall, if financially able to pay,
reimburse the governmental unit chargeable with the compensation of deleted text begin such public
defender or appointivedeleted text end new text begin appointednew text end counsel for the actual costs to the governmental unit in
providing the services of the deleted text begin public defender or appointivedeleted text end new text begin appointednew text end counsel. The court in
hearing such matter shall ascertain the amount of such costs to be charged to the defendant
and shall direct reimbursement over a period of not to exceed six months, unless the court
for good cause shown shall extend the period of reimbursement. If a term of probation is
imposed as a part of a sentence, reimbursement of costs as required by this chapter must
not be made a condition of probation. Reimbursement of costs as required by this chapter
is a civil obligation and must not be made a condition of a criminal sentence.
Subd. 2.
Civil action.
The county attorney may commence a civil action to recover
such cost remaining unpaid at the expiration of six months unless the court has extended
the reimbursement period and shall, if it appears that such recipient of deleted text begin public defender or
appointivedeleted text end new text begin appointednew text end counsel services is about to leave the jurisdiction of the court or sell
or otherwise dispose of assets out of which reimbursement may be obtained, commence
such action forthwith. The county attorney may compromise and settle any claim for
reimbursement with the approval of the court which heard the matter. No determination or
action shall be taken later than two years after the termination of the duties of the deleted text begin public
defender or appointivedeleted text end new text begin appointednew text end counsel.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 29.
Laws 2001, First Special Session chapter 8, article 4, section 4, is amended to
read:
Sec. 4.DISTRICT COURTS
|
$ |
118,470,000 |
$ |
128,842,000 |
||
Carlton County Extraordinary Expenses.
$300,000 the first year is to reimburse
Carlton county for extraordinary expenses
related to homicide trials. This is a onetime
appropriation.
New Judge Units. $774,000 the first year
and $1,504,000 the second year are for an
increase in judgeship units, including one
trial court judge unit beginning October 1,
2001, in the tenth judicial district, one trial
court judge unit beginning April 1, 2002, in
the third judicial district, one trial court judge
unit beginning July 1, 2002, in the tenth
judicial district, one trial court judge unit
beginning January 1, 2003, in the seventh
judicial district, and one trial court judge
unit beginning January 1, 2003, in the first
judicial district. Each judge unit consists of a
judge, law clerk, and court reporter.
Alternative Dispute Resolution Programs.
A portion of this appropriation may be
used for the alternative dispute resolution
programs authorized by article 5, section 18.
Supplemental Funding for Certain
Mandated Costs. $4,533,000 the first
year and $6,032,000 the second year are to
supplement funding for guardians ad litem,
interpreters, rule 20 and civil commitment
examinations, and in forma pauperis costs in
the fifth, seventh, eighth, and ninth judicial
districts.
Trial Court Infrastructure Staff. $684,000
the first year and $925,000 the second year
are for infrastructure staff.
Court Effectiveness Initiatives;
Community Courts and Screener
Collectors. $835,000 the first year and
$765,000 the second year are for court
effectiveness initiatives. Of this amount,
$125,000 each year is for continued funding
of the community court in the fourth judicial
district and $125,000 each year is for
continued funding of the community court
in the second judicial district. These are
onetime appropriations.
The second judicial district and fourth
judicial district shall each report quarterly to
the chairs and ranking minority members of
the legislative committees and divisions with
jurisdiction over criminal justice funding on:
(1) how money appropriated for this initiative
was spent; and
(2) the cooperation of other criminal justice
agencies and county units of government in
the community courts' efforts.
The first report is due on October 1, 2001.
None of this appropriation may be used
for the purpose of complying with these
reporting requirements.
Of this amount, $585,000 the first year and
$515,000 the second year are for screener
collector programs.
deleted text begin
The fifth, seventh, and ninth judicial district
courts shall implement screener collector
programs to enhance the collection of
overdue fine revenue by at least ten percent in
each location serviced by a screener collector.
By August 15, 2002, and annually thereafter,
the state court administrator shall report to
the chairs and ranking minority members
of the house of representatives and senate
committees with jurisdiction over criminal
justice policy and funding issues on the total
amount of fines collected, the amount of
overdue fines collected for the two preceding
fiscal years, and the expenditures associated
with the screener collector program.
deleted text end
Ninth District County and Support Pilot
Projects. Up to $99,000 each year may
be used for the ninth judicial district to
implement the pilot projects on the six-month
review of child custody, parenting time, and
support orders, and on the accounting for
child support by obligees.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 30.
Laws 2003, First Special Session chapter 2, article 1, section 2, is amended to
read:
Sec. 2.SUPREME COURT
|
$ |
38,806,000 |
$ |
36,439,000 |
||
deleted text begin
Report on Court Fees. The state court
administrator shall review and report back
on the financial consequences of policy
changes made in the following areas: (1)
criminal and traffic offender surcharges; (2)
public defender co-pays; and (3) the use
of revenue recapture to collect the public
defender co-pay. The report shall also list
the local governmental units that employ
administrative procedures to collect fines
for ordinance violations. The state court
administrator must submit the report to the
chairs and ranking minority members on the
committees that have jurisdiction over court
funding by January 15 of each year.
deleted text end
$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.
Legal Services to Low-Income Clients in
Family Law Matters. Of this appropriation,
$877,000 each year is 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 programs
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.
Of this appropriation, $355,000 in fiscal
year 2005 is for the implementation of
the Minnesota Child Support Act and is
contingent upon its enactment. This is a
onetime appropriation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 31. new text begin PUBLIC DEFENDER STUDY AND REPORT REQUIRED.
new text end
new text begin
The State Board of Public Defense and the Hennepin County Board of
Commissioners shall jointly prepare a report to the legislature on the history of the
funding of the public defender's office in the Fourth Judicial District provided by the state
and Hennepin County. The report must compare the costs and services provided by the
Fourth Judicial District Public Defender's Office to the costs and services provided by the
state Board of Public Defense in all other public defender district offices. The report must
detail the amount of funding provided by Hennepin County to the Fourth Judicial District
Public Defender's Office and the amount necessary for the state to assume the full costs of
the public defender duties in the Fourth Judicial District as in the other judicial districts
throughout the state. The report must also recommend specific legislation that would
provide for an appropriate resolution of the state and local funding of the Fourth Judicial
District Public Defender's Office. The report must be completed by October 1, 2007, and
be submitted to the commissioner of finance, the chairs and ranking minority members of
the senate and house committees and divisions with jurisdiction over finance, judiciary,
judiciary finance, and public safety finance, and the house Ways and Means Committee.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 32. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 260B.173; 480.175, subdivision 3; 611.20,
subdivision 5; and 626A.17, subdivision 3,
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 July 1, 2007.
new text end
ARTICLE 5
CORRECTIONS
Section 1.
Minnesota Statutes 2006, section 241.018, is amended to read:
241.018 PER DIEM CALCULATION.
new text begin Subdivision 1. new text end
new text begin State correctional facilities. new text end
(a) The commissioner of corrections
shall develop a uniform method to calculate the average department-wide per diem cost
of incarcerating offenders at state adult correctional facilities. In addition to other costs
currently factored into the per diem, it must include an appropriate percentage of capitol
costs for all adult correctional facilities and 65 percent of the department's management
services budget.
(b) The commissioner also shall use this method of calculating per diem costs
for offenders in each state adult correctional facility. When calculating the per diem
cost of incarcerating offenders at a particular facility, the commissioner shall include
an appropriate percentage of capital costs for the facility and an appropriate prorated
amount, given the facility's population, of 65 percent of the department's management
services budget.
(c) The commissioner shall ensure that these new per diem methods are used in
all future annual performance reports to the legislature and are also reflected in the
department's biennial budget document.
new text begin Subd. 2. new text end
new text begin Local correctional facilities. new text end
new text begin
(a) The commissioner of corrections shall
develop a uniform method to calculate the average per diem cost of incarcerating offenders
in county and regional jail facilities licensed by the commissioner under section 241.021,
subdivision 1, paragraph (a).
new text end
new text begin
(b) Each county and regional jail in the state must annually provide the commissioner
with a per diem calculation based on the formula the commissioner promulgates pursuant
to paragraph (a).
new text end
new text begin
(c) The commissioner shall include the county and regional jail per diem data
collected under paragraph (b) in the Department of Correction's annual performance report
to the legislature mandated by section 241.016.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 2.
Minnesota Statutes 2006, section 241.69, subdivision 3, is amended to read:
Subd. 3.
Transfer.
If the licensed mental health professional finds the person to be a
person who is mentally ill and in need of short-term care, the deleted text begin examiningdeleted text end new text begin licensed mentalnew text end
health care professional may recommend transfer by the commissioner of corrections to
the mental health unit established pursuant to subdivision 1.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 3.
Minnesota Statutes 2006, section 241.69, subdivision 4, is amended to read:
Subd. 4.
Commitment.
If the deleted text begin examiningdeleted text end new text begin licensed mentalnew text end health care professional or
licensed mental health professional finds the person to be a person who is mentally ill and
in need of long-term care in a hospital, or if an inmate transferred pursuant to subdivision
3 refuses to voluntarily participate in the treatment program at the mental health unit, the
director of psychological services of the institution or the mental health professional shall
initiate proceedings for judicial commitment as provided in section 253B.07. Upon the
recommendation of the licensed mental health professional and upon completion of the
hearing and consideration of the record, the court may commit the person to the mental
health unit established in subdivision 1 or to another hospital. A person confined in a state
correctional institution for adults who has been adjudicated to be a person who is mentally
ill and in need of treatment may be committed to the commissioner of corrections and
placed in the mental health unit established in subdivision 1.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 4.
Minnesota Statutes 2006, section 383A.08, subdivision 6, is amended to read:
Subd. 6.
Rules and regulations.
The county may promulgate rules and regulations
for the proper operation and maintenance of each facility and the proper care and discipline
of inmates detained in the facility. These rules and regulations may, among other things,
provide for the diminution of sentences of inmates for good behaviordeleted text begin , but in no event to
exceed a total of five days for each 30 day sentencedeleted text end new text begin in accordance with section 643.29new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 5.
Minnesota Statutes 2006, section 383A.08, subdivision 7, is amended to read:
Subd. 7.
Confinement of inmates from other counties.
The county may accept
an inmate for confinement at a county correction facility when the inmate is committed
to the facility by order of a judge of a municipality or county outside Ramsey County if
the county is paid the amount of compensation for board, confinementnew text begin ,new text end and maintenance
of the inmate that it determines. deleted text begin No compensation of this kind may be in an amount less
than the actual per diem cost per person confined.deleted text end A county outside Ramsey County or
a municipality outside Ramsey County may enter into and agree with Ramsey County
for the incarceration of prisoners.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 6.
Minnesota Statutes 2006, section 641.265, subdivision 2, is amended to read:
Subd. 2.
Withdrawal.
A county board may withdraw from cooperation in a regional
jail system deleted text begin if the county boards of all of the other cooperating counties decide, by majority
vote, to allow the withdrawaldeleted text end new text begin in accordance with the terms of a joint powers agreementnew text end .
With the approval of the county board of each cooperating county, the regional jail board
shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital
cost, debt service, or lease rental payments made by the county prior to withdrawal, in
excess of its proportionate share of benefits from the regional jail prior to withdrawal, and
the time and manner of making the payments. The payments shall be deemed additional
payments of capital cost, debt service, or lease rentals to be made proportionately by the
remaining counties and, when received, shall be deposited in and paid from the regional
jail fund; provided that:
deleted text begin (a)deleted text end new text begin (1) new text end payments shall not be made from any amounts in the regional jail fund
which are needed for maintenance and operation expenses or lease rentals currently due
and payable; and
deleted text begin (b)deleted text end new text begin (2) new text end the withdrawing county shall remain obligated for the payment of its
proportionate share of any lease rentals due and payable after its withdrawal, in the
event and up to the amount of any lease payment not made when due by one or more of
the other cooperating counties.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
ARTICLE 6
PUBLIC SAFETY AND LAW ENFORCEMENT
Section 1.
Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:
Subdivision 1.
Criminal history data.
(a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in criminal history
records compiled by the Bureau of Criminal Apprehension and disseminated through
the criminal justice information system, including, but not limited to fingerprints,
photographs, identification data, arrest data, prosecution data, criminal court data, custody
and supervision data.
(b) Classification. Criminal history data maintained by agencies, political
subdivisions and statewide systems are classified as private, pursuant to section 13.02,
subdivision 12, except that data created, collected, or maintained by the Bureau of
Criminal Apprehension that identify an individual who was convicted of a crime, the
offense of which the individual was convicted, associated court disposition and sentence
information, controlling agency, and confinement information are public data for 15 years
following the discharge of the sentence imposed for the offense. new text begin When an innocent party's
name is associated with a criminal history, and a determination has been made through a
fingerprint verification that the innocent party is not the subject of the criminal history, the
name may be redacted from the public criminal history data. The name shall be retained in
the criminal history and classified as private data.
new text end
The Bureau of Criminal Apprehension shall provide to the public at the central office
of the bureau the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.
(c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
made public by section 13.82.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 2.
Minnesota Statutes 2006, section 243.167, subdivision 1, is amended to read:
Subdivision 1.
Definition.
As used in this section, "crime against the person" means
a violation of any of the following or a similar law of another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223;
609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4;new text begin 609.2247;new text end 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1;
609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of section
609.229; 609.377; 609.749; or 624.713.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment,
and applies retroactively to crimes committed on or after August 1, 2005.
new text end
Sec. 3.
Minnesota Statutes 2006, section 244.05, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Random searches. new text end
new text begin
(a) This subdivision applies to inmates who were
convicted of and imprisoned for a violent crime, as defined in section 609.1095, involving
the sale, use, or possession of a controlled substance or a dangerous weapon.
new text end
new text begin
(b) When an inmate is released on supervised release or parole, the inmate, as a
condition of release, consents to a search of the inmate's person and any motor vehicle
driven by the inmate. The search may be conducted on demand by any parole or
supervised release agent or peace officer.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 4.
Minnesota Statutes 2006, section 299A.641, subdivision 2, is amended to read:
Subd. 2.
Membership.
The oversight council shall consist of the following
individuals or their designees:
(1) the director of the office of special investigations as the representative of the
commissioner of corrections;
(2) the superintendent of the Bureau of Criminal Apprehension as the representative
of the commissioner of public safety;
(3) the attorney general;
(4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association,
two of which must be selected from cities with populations greater than 200,000;
(5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each
district, two of which must be selected from counties with populations greater than
500,000;
(6) the United States attorney for the district of Minnesota;
(7) two county attorneys, selected by the Minnesota County Attorneys Association;
(8) a command-level representative of a gang strike force;
(9) a representative from a drug task force, selected by the Minnesota State
Association of Narcotics Investigators;
(10) a representative from the United States Drug Enforcement Administration;
(11) a representative from the United States Bureau of Alcohol, Tobacco, and
Firearms;
(12) a representative from the Federal Bureau of Investigation;
(13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement
Association; deleted text begin and
deleted text end
(14) two additional members who may be selected by the oversight councilnew text begin ;
new text end
new text begin
(15) a senator who serves on the committee having jurisdiction over criminal justice
policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
and Administration; and
new text end
new text begin (16) a representative who serves on the committee having jurisdiction over criminal
justice policy, chosen by the speaker of the house of representativesnew text end .
The oversight council may adopt procedures to govern its conduct as necessary and may
select a chair from among its members.new text begin The legislative members of the council may not
vote on matters before the council.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 5.
Minnesota Statutes 2006, section 299C.65, subdivision 2, is amended to read:
Subd. 2.
Task force.
deleted text begin (a) The policy group shall appointdeleted text end A task force deleted text begin todeleted text end new text begin shallnew text end assist
deleted text begin themdeleted text end new text begin the policy groupnew text end in deleted text begin theirdeleted text end new text begin itsnew text end duties. The task force shall monitor, review, and report to
the policy group on CriMNet-related projects and provide oversight to ongoing operations
as directed by the policy group. The task force shall consist of the following members:
(1) two deleted text begin sheriffs recommendeddeleted text end new text begin members appointednew text end by the Minnesota Sheriffs
Associationnew text begin , at least one of whom must be a sheriffnew text end ;
(2) two deleted text begin police chiefs recommendeddeleted text end new text begin members appointednew text end by the Minnesota Chiefs of
Police Associationnew text begin , at least one of whom must be a chief of policenew text end ;
(3) two deleted text begin county attorneys recommendeddeleted text end new text begin members appointednew text end by the Minnesota
County Attorneys Associationnew text begin , at least one of whom must be a county attorneynew text end ;
(4) two deleted text begin city attorneys recommendeddeleted text end new text begin members appointednew text end by the Minnesota League
of Citiesnew text begin representing the interests of city attorneys, at least one of whom must be a city
attorneynew text end ;
(5) two deleted text begin public defendersdeleted text end new text begin membersnew text end appointed by the Board of Public Defensenew text begin , at least
one of whom must be a public defendernew text end ;
(6) two district judges appointed by the Judicial Council, deleted text begin one of whom is currently
assigned to the juvenile courtdeleted text end new text begin at least one of whom has experience dealing with juvenile
court mattersnew text end ;
(7) two deleted text begin communitydeleted text end corrections administrators deleted text begin recommendeddeleted text end new text begin appointednew text end by the
Minnesota Association of Countiesdeleted text begin ,deleted text end new text begin representing the interests of local corrections, at leastnew text end
one of whom represents a community corrections act county;
(8) two probation officersnew text begin appointed by the commissioner of corrections in
consultation with the president of the Minnesota Association of Community Corrections
Act Counties and the president of the Minnesota Association of County Probation Officersnew text end ;
(9) four public membersnew text begin appointed by the governor for a term of six yearsnew text end , one of
whom deleted text begin has been a victim of crimedeleted text end new text begin represents the interests of victimsnew text end , and two deleted text begin whodeleted text end new text begin of whomnew text end
are representatives of the private business community who have expertise in integrated
information systems and who for the purpose of meetings of the full task force may be
compensated pursuant to section 15.059;
(10) two deleted text begin court administratorsdeleted text end new text begin members appointed by the Minnesota Association for
Court Management, at least one of whom must be a court administratornew text end ;
(11) one member of the house of representatives appointed by the speaker of the
house;
(12) one member of the senate appointed by the majority leader;
(13) new text begin one member appointed by new text end the attorney general deleted text begin or a designeedeleted text end ;
(14) two deleted text begin individuals recommendeddeleted text end new text begin elected officials appointednew text end by the Minnesota
League of Cities, one of whom works or resides in greater Minnesota and one of whom
works or resides in the seven-county metropolitan area;
(15) two deleted text begin individuals recommendeddeleted text end new text begin elected officials appointednew text end by the Minnesota
Association of Counties, one of whom works or resides in greater Minnesota and one of
whom works or resides in the seven-county metropolitan area;
(16) the director of the Sentencing Guidelines Commissionnew text begin or a designeenew text end ;
(17) one member appointed by the state chief information officer;
(18) one member appointed by the commissioner of public safety;
(19) one member appointed by the commissioner of corrections;
(20) one member appointed by the commissioner of administration; and
(21) one member appointed by the chief justice of the Supreme Court.
deleted text begin
(b) In making these appointments, the appointing authority shall select members
with expertise in integrated data systems or best practices.
deleted text end
deleted text begin
(c) The commissioner of public safety may appoint additional, nonvoting members
to the task force as necessary from time to time.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 6.
Minnesota Statutes 2006, section 299C.65, subdivision 5, is amended to read:
Subd. 5.
Review of funding and grant requests.
(a) The Criminal and Juvenile
Justice Information Policy Group shall review the funding requests for criminal justice
information systems from state, county, and municipal government agencies. The policy
group shall review the requests for compatibility to statewide criminal justice information
system standards. The review shall be forwarded to the chairs and ranking minority
members of the house and senate committees and divisions with jurisdiction over criminal
justice funding and policy.
(b) The CriMNet program office, in consultation with the Criminal and Juvenile
Justice Information Task Force and with the approval of the policy group, shall create
the requirements for any grant request and determine the integration priorities for the
grant period. The CriMNet program office shall also review the requests submitted for
compatibility to statewide criminal justice information systems standards.
(c) The task force shall review funding requests for criminal justice information
systems grants and make recommendations to the policy group. The policy group shall
review the recommendations of the task force and shall make a final recommendation
for criminal justice information systems grants to be made by the commissioner of
public safety. Within the limits of available state appropriations and federal grants, the
commissioner of public safety shall make grants for projects that have been recommended
by the policy group.
(d) The policy group may approve grants only if the applicant provides an
appropriate share of matching funds as determined by the policy group to help pay up to
one-half of the costs of the grant request. The matching requirement must be constant for
all deleted text begin countiesdeleted text end new text begin applicants within each grant offeringnew text end . The policy group shall adopt policies
concerning the use of in-kind resources to satisfy the match requirement and the sources
from which matching funds may be obtained. Local operational or technology staffing
costs may be considered as meeting this match requirement. Each grant recipient shall
certify to the policy group that it has not reduced funds from local, county, federal, or
other sources which, in the absence of the grant, would have been made available to the
grant recipient to improve or integrate criminal justice technology.
(e) All grant recipients shall submit to the CriMNet program office all requested
documentation including grant status, financial reports, and a final report evaluating how
the grant funds improved the agency's criminal justice integration priorities. The CriMNet
program office shall establish the recipient's reporting dates at the time funds are awarded.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 7.
Minnesota Statutes 2006, section 609.135, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Random searches. new text end
new text begin
(a) This subdivision applies to offenders who are
convicted of a violent crime, as defined in section 609.1095, involving the sale, use, or
possession of a controlled substance or a dangerous weapon.
new text end
new text begin
(b) When an offender is placed on probation, the offender, as a condition of being
released on probation, consents to a search of the offender's person and any motor vehicle
driven by the offender. The search may be conducted on demand by any probation
officer or peace officer.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 8.
Minnesota Statutes 2006, section 641.05, is amended to read:
641.05 RECORD OF INMATES; RETURN TO COURT.
new text begin (a) new text end Every sheriff shall, at the expense of the county, maintain a permanent record of
all persons committed to any jail under the sheriff's charge. It shall contain the name of
every person committed, by what authority, residence, date of commitment, and, if for a
criminal offense, a description of the person, when and by what authority liberated, and,
in case of escape, the time and manner thereof. At the opening of each term of district
court the sheriff shall make a certified transcript therefrom to such court, showing all
cases therein not previously disposed of.
new text begin (b) Upon intake into the jail facility, the name of the committed person shall be
checked against the Bureau of Criminal Apprehension predatory offender registration
database to determine whether the person is a registered offender. In the event that the
person is registered, the sheriff or designee shall notify the bureau of the person's admission
into the jail facility. At the time of discharge from the facility, the sheriff or designee will
provide the person with a change of information form for the purposes of reporting the
address where the person will be living upon release from the facility.new text end Every sheriff who
new text begin intentionallynew text end neglects or refuses to so report shall be guilty of a gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
ARTICLE 7
EMERGENCY COMMUNICATIONS
Section 1.
Minnesota Statutes 2006, section 403.07, subdivision 4, is amended to read:
Subd. 4.
Use of furnished information.
new text begin (a)new text end Names, addresses, and telephone
numbers provided to a 911 system under subdivision 3 are private data and may be used
only deleted text begin fordeleted text end deleted text begin identifyingdeleted text end new text begin : (1) to identifynew text end the location or identity, or both, of a person calling
a 911 public safety answering pointnew text begin ; or (2) by a public safety answering point to notify
the public of an emergencynew text end . The information furnished under subdivision 3 may not be
used or disclosed by 911 system agencies, their agents, or their employees for any other
purpose except under a court order.
new text begin
(b) For purposes of paragraph (a), the term "emergency" means a situation in which
property or human life is in jeopardy and the prompt notification of the public by the
public safety answering point is essential.
new text end
new text begin
(c) A telecommunications service provider that participates or cooperates with the
public safety answering point in the notification of the public is exempt from liability
pursuant to section 403.07, subdivision 5.
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 2006, section 403.11, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Fee collection declaration. new text end
new text begin
If the commissioner disputes the
accuracy of a fee submission or if no fees are submitted by a wireless, wire-line, or
packet-based telecommunications service provider, the wireless, wire-line, or packet-based
telecommunications service provider shall submit a sworn declaration signed by an officer
of the company certifying, under penalty of perjury, that the information provided with
the fee submission is true and correct. The sworn declaration must specifically describe
and affirm that the 911 fee computation is complete and accurate. When a wireless,
wire-line, or packet-based telecommunications service provider fails to provide a sworn
declaration within 90 days of notice by the commissioner that the fee submission is
disputed, the commissioner may estimate the amount due from the wireless, wire-line, or
packet-based telecommunications service provider and refer that amount for collection
under section 16D.04.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 3.
Minnesota Statutes 2006, section 403.11, is amended by adding a subdivision to
read:
new text begin Subd. 1b. new text end
new text begin Fee audit. new text end
new text begin
If the commissioner determines that an audit is necessary
to document the fee submission and sworn declaration in subdivision 1a, the wireless,
wire-line, or packet-based telecommunications service provider must contract with an
independent certified public accountant to conduct an audit. The audit must be conducted
in accordance with generally accepted auditing standards.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end