HF 1229

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; reclassifying certain criminal and 
  1.3             traffic penalties; reclassifying certain thresholds 
  1.4             for certain criminal offenses; removing statutory 
  1.5             reporting requirements; removing statutory case 
  1.6             processing standards; amending Minnesota Statutes 
  1.7             2002, sections 16D.14, subdivision 2; 169.13, 
  1.8             subdivision 2; 169.791, subdivisions 2, 6; 169.792, 
  1.9             subdivision 7; 169.89, subdivision 1; 169A.53, 
  1.10            subdivision 3; 169A.63, subdivision 8; 171.08; 171.24, 
  1.11            subdivisions 1, 3, 4; 171.241; 260B.105, subdivisions 
  1.12            1, 2; 260B.143, subdivision 1, by adding a 
  1.13            subdivision; 260C.163, subdivision 5; 296A.24, 
  1.14            subdivision 2; 297A.91, subdivision 2; 297E.16, 
  1.15            subdivision 2; 297F.21, subdivision 3; 297G.20, 
  1.16            subdivision 4; 357.022; 484.08; 491A.01, subdivision 
  1.17            3; 491A.02, subdivision 2; 518B.01, subdivision 4; 
  1.18            546.27; 609.101, subdivision 4; 609.115, subdivision 
  1.19            1; 609.52, subdivision 3; 609.5314, subdivision 2; 
  1.20            609.535, subdivision 2a; 609.545; 609.595; 609.605, 
  1.21            subdivision 1; 609.615; 609.631, subdivision 4; 
  1.22            609.68; 609.681; 609.72, subdivision 1; 609.748, 
  1.23            subdivisions 1, 3, 3a, 4, 5; 609.893, subdivision 3; 
  1.24            repealing Minnesota Statutes 2002, sections 16D.14, 
  1.25            subdivision 3; 147.111; 147A.14; 147B.07; 148.102; 
  1.26            148.263; 148B.07; 148B.283; 148B.63; 149A.61; 150A.13; 
  1.27            153.24; 156.122; 340A.905; 626A.17; 631.40, 
  1.28            subdivisions 1a, 1b. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30                             ARTICLE 1 
  1.31                      TRAFFIC-RELATED OFFENSES 
  1.32     Section 1.  Minnesota Statutes 2002, section 169.13, 
  1.33  subdivision 2, is amended to read: 
  1.34     Subd. 2.  [CARELESS DRIVING.] (a) Any person who operates 
  1.35  or halts any vehicle upon any street or highway carelessly or 
  1.36  heedlessly in disregard of the rights of others, or in a manner 
  1.37  that endangers or is likely to endanger any property or any 
  2.1   person, including the driver or passengers of the vehicle, is 
  2.2   guilty of a petty misdemeanor.  A violation of this subdivision 
  2.3   that results in an accident or injury to a person other than the 
  2.4   driver is a misdemeanor. 
  2.5      (b) Notwithstanding any other law to the contrary, a petty 
  2.6   misdemeanor violation of this subdivision does not constitute 
  2.7   grounds for the revocation or suspension of the person's 
  2.8   driver's license. 
  2.9      Sec. 2.  Minnesota Statutes 2002, section 169.791, 
  2.10  subdivision 2, is amended to read: 
  2.11     Subd. 2.  [REQUIREMENT FOR DRIVER, WHETHER OR NOT OWNER.] 
  2.12  (a) Every driver shall have in possession at all times when 
  2.13  operating a vehicle and shall produce on demand of a peace 
  2.14  officer proof of insurance in force at the time of the demand 
  2.15  covering the vehicle being operated.  If the driver does not 
  2.16  produce the required proof of insurance upon the demand of a 
  2.17  peace officer, the driver is guilty of a petty misdemeanor.  A 
  2.18  person is guilty of a gross misdemeanor who violates this 
  2.19  section within ten years of the first of two prior convictions 
  2.20  under this section, section 169.797, or a statute or ordinance 
  2.21  in conformity with one of those sections.  The same prosecuting 
  2.22  authority who is responsible for prosecuting misdemeanor 
  2.23  violations of this section is responsible for prosecuting gross 
  2.24  misdemeanor violations of this section.  A driver who is not the 
  2.25  owner of the vehicle may not be convicted under this section 
  2.26  unless the driver knew or had reason to know that the owner did 
  2.27  not have proof of insurance required by this section, provided 
  2.28  that the driver provides the officer with the name and address 
  2.29  of the owner at the time of the demand or complies with 
  2.30  subdivision 3. 
  2.31     (b) Notwithstanding any other law to the contrary, a petty 
  2.32  misdemeanor violation of this subdivision does not constitute 
  2.33  grounds for the revocation or suspension of the person's 
  2.34  driver's license. 
  2.35     Sec. 3.  Minnesota Statutes 2002, section 169.791, 
  2.36  subdivision 6, is amended to read: 
  3.1      Subd. 6.  [PENALTY.] In addition to any sentence of 
  3.2   imprisonment that the court may impose, the court shall impose a 
  3.3   fine of not less than $200 nor more than the maximum fine 
  3.4   applicable to misdemeanors upon a nonpetty misdemeanor 
  3.5   conviction under this section.  The court may allow community 
  3.6   service in lieu of any fine imposed if the defendant is 
  3.7   indigent.  In addition to criminal penalties, a person convicted 
  3.8   under of a nonpetty misdemeanor violation of this section is 
  3.9   subject to revocation of a driver's license or permit to drive 
  3.10  under section 169.792, subdivision 7, and to revocation of motor 
  3.11  vehicle registration under section 169.792, subdivision 12.  
  3.12     Sec. 4.  Minnesota Statutes 2002, section 169.792, 
  3.13  subdivision 7, is amended to read: 
  3.14     Subd. 7.  [LICENSE REVOCATION.] Upon receiving the 
  3.15  notification under subdivision 6 or notification of a nonpetty 
  3.16  misdemeanor conviction for violation of section 169.791, the 
  3.17  commissioner shall revoke the person's driver's license or 
  3.18  permit to drive.  The revocation shall be effective beginning 14 
  3.19  days after the date of notification by the district court 
  3.20  administrator or officer to the department of public safety.  In 
  3.21  order to be revoked, notice must have been mailed to the person 
  3.22  by the commissioner at least ten days before the effective date 
  3.23  of the revocation.  If the person, before the effective date of 
  3.24  the revocation, provides the commissioner with the proof of 
  3.25  insurance or other verifiable insurance information as 
  3.26  determined by the commissioner, establishing that the required 
  3.27  insurance covered the vehicle at the time of the original 
  3.28  demand, the revocation must not become effective.  Revocation 
  3.29  based upon receipt of a notification under subdivision 6 must be 
  3.30  carried out regardless of the status or disposition of any 
  3.31  related criminal charge.  The person's driver's license or 
  3.32  permit to drive shall be revoked for the longer of:  (i) the 
  3.33  period provided in section 169.797, subdivision 4, paragraph 
  3.34  (c), including any rules adopted under that paragraph, or (ii) 
  3.35  until the driver or owner files proof of insurance with the 
  3.36  department of public safety satisfactory to the commissioner of 
  4.1   public safety.  A license must not be revoked more than once 
  4.2   based upon the same demand for proof of insurance. 
  4.3      Sec. 5.  Minnesota Statutes 2002, section 169.89, 
  4.4   subdivision 1, is amended to read: 
  4.5      Subdivision 1.  [VIOLATION; WHEN PETTY MISDEMEANOR ENHANCED 
  4.6   TO MISDEMEANOR.] Unless otherwise declared in this chapter with 
  4.7   respect to particular offenses, it is a petty misdemeanor for 
  4.8   any person to do any act forbidden or fail to perform any act 
  4.9   required by this chapter; except that:  
  4.10     (1) a violation which is committed in a manner or under 
  4.11  circumstances so as to endanger or be likely to endanger any 
  4.12  person or property; or 
  4.13     (2) exclusive of violations relating to the standing or 
  4.14  parking of an unattended vehicle, a violation of any of the 
  4.15  provisions of this chapter, classified therein as a petty 
  4.16  misdemeanor, when preceded by two or more petty misdemeanor 
  4.17  convictions within the immediate preceding 12-month period; 
  4.18  is a misdemeanor to which the provisions of subdivision 2 shall 
  4.19  not apply. 
  4.20     Sec. 6.  Minnesota Statutes 2002, section 171.08, is 
  4.21  amended to read: 
  4.22     171.08 [LICENSEE TO HAVE LICENSE IN POSSESSION.] 
  4.23     (a) Every licensee shall have the license in immediate 
  4.24  possession at all times when operating a motor vehicle and shall 
  4.25  display it upon demand of a peace officer, an authorized 
  4.26  representative of the department, or an officer authorized by 
  4.27  law to enforce the laws relating to the operation of motor 
  4.28  vehicles on public streets and highways.  Unless the person is 
  4.29  the holder of a limited license issued under section 171.30, no 
  4.30  person charged with violating the possession requirement shall 
  4.31  be convicted if the person produces in court or the office of 
  4.32  the arresting officer a driver's license previously issued to 
  4.33  that person for the class of vehicle being driven which was 
  4.34  valid at the time of arrest citation or satisfactory proof that 
  4.35  at the time of the arrest citation the person was validly 
  4.36  licensed for the class of vehicle being driven.  The licensee 
  5.1   shall also, upon request of any officer, write the licensee's 
  5.2   name in the presence of the officer to determine the identity of 
  5.3   the licensee.  A violation of this section is a petty 
  5.4   misdemeanor. 
  5.5      (b) Notwithstanding any other law to the contrary, a petty 
  5.6   misdemeanor violation of this section does not constitute 
  5.7   grounds for the revocation or suspension of the person's 
  5.8   driver's license. 
  5.9      Sec. 7.  Minnesota Statutes 2002, section 171.24, 
  5.10  subdivision 1, is amended to read: 
  5.11     Subdivision 1.  [DRIVING AFTER SUSPENSION; 
  5.12  MISDEMEANOR PENALTY.] (a) Except as otherwise provided in 
  5.13  subdivision 5, a person is guilty of a petty misdemeanor if: 
  5.14     (1) the person's driver's license or driving privilege has 
  5.15  been suspended; 
  5.16     (2) the person has been given notice of or reasonably 
  5.17  should know of the suspension; and 
  5.18     (3) the person disobeys the order by operating in this 
  5.19  state any motor vehicle, the operation of which requires a 
  5.20  driver's license, while the person's license or privilege is 
  5.21  suspended. 
  5.22     (b) Notwithstanding any other law to the contrary, a petty 
  5.23  misdemeanor violation of this subdivision does not constitute 
  5.24  grounds for the revocation or suspension of the person's 
  5.25  driver's license. 
  5.26     Sec. 8.  Minnesota Statutes 2002, section 171.24, 
  5.27  subdivision 3, is amended to read: 
  5.28     Subd. 3.  [DRIVING AFTER CANCELLATION; PETTY MISDEMEANOR.] 
  5.29  A person is guilty of a petty misdemeanor if: 
  5.30     (1) the person's driver's license or driving privilege has 
  5.31  been canceled; 
  5.32     (2) the person has been given notice of or reasonably 
  5.33  should know of the cancellation; and 
  5.34     (3) the person disobeys the order by operating in this 
  5.35  state any motor vehicle, the operation of which requires a 
  5.36  driver's license, while the person's license or privilege is 
  6.1   canceled. 
  6.2      Sec. 9.  Minnesota Statutes 2002, section 171.24, 
  6.3   subdivision 4, is amended to read: 
  6.4      Subd. 4.  [DRIVING AFTER DISQUALIFICATION; PETTY 
  6.5   MISDEMEANOR.] A person is guilty of a petty misdemeanor if the 
  6.6   person: 
  6.7      (1) has been disqualified from holding a commercial 
  6.8   driver's license or been denied the privilege to operate a 
  6.9   commercial motor vehicle; 
  6.10     (2) has been given notice of or reasonably should know of 
  6.11  the disqualification; and 
  6.12     (3) disobeys the order by operating in this state a 
  6.13  commercial motor vehicle while the person is disqualified to 
  6.14  hold the license or privilege. 
  6.15     Sec. 10.  Minnesota Statutes 2002, section 171.241, is 
  6.16  amended to read: 
  6.17     171.241 [CHAPTER VIOLATIONS; MISDEMEANORS.] 
  6.18     It is a misdemeanor for any person to willfully violate any 
  6.19  of the provisions of this chapter unless the violation is 
  6.20  declared by any law to be a felony or gross misdemeanor, or the 
  6.21  violation is declared by a section of this chapter to be a petty 
  6.22  misdemeanor or a misdemeanor.  
  6.23     Sec. 11.  [EFFECTIVE DATE.] 
  6.24     Sections 1 to 10 are effective August 1, 2003, and apply to 
  6.25  crimes committed on or after that date. 
  6.26                             ARTICLE 2 
  6.27                    CRIMINAL-RELATED PROVISIONS 
  6.28     Section 1.  Minnesota Statutes 2002, section 609.101, 
  6.29  subdivision 4, is amended to read: 
  6.30     Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
  6.31  any other law: 
  6.32     (1) when a court sentences a person convicted of a felony 
  6.33  that is not listed in subdivision 2 or 3, it must impose a fine 
  6.34  of not less than 30 percent of the maximum fine authorized by 
  6.35  law nor more than the maximum fine authorized by law; and 
  6.36     (2) when a court sentences a person convicted of a gross 
  7.1   misdemeanor or misdemeanor that is not listed in subdivision 2, 
  7.2   it must impose a fine of not less than 30 percent of the maximum 
  7.3   fine authorized by law nor more than the maximum fine authorized 
  7.4   by law, unless the fine is set at a lower amount on a uniform 
  7.5   fine schedule established by the conference of chief judges in 
  7.6   consultation with affected state and local agencies.  This 
  7.7   schedule shall be promulgated not later than January September 1 
  7.8   of each year and shall become effective on August January 1 of 
  7.9   that the next year unless the legislature, by law, provides 
  7.10  otherwise. 
  7.11     The minimum fine required by this subdivision is in 
  7.12  addition to the surcharge or assessment required by section 
  7.13  357.021, subdivision 6, and is in addition to any sentence of 
  7.14  imprisonment or restitution imposed or ordered by the court. 
  7.15     The court shall collect the fines mandated in this 
  7.16  subdivision and, except for fines for traffic and motor vehicle 
  7.17  violations governed by section 169.871 and section 299D.03 and 
  7.18  fish and game violations governed by section 97A.065, forward 20 
  7.19  percent of the revenues to the state treasurer for deposit in 
  7.20  the general fund. 
  7.21     Sec. 2.  Minnesota Statutes 2002, section 609.115, 
  7.22  subdivision 1, is amended to read: 
  7.23     Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
  7.24  defendant has been convicted of a misdemeanor or, gross 
  7.25  misdemeanor, or felony, the court may, and when the defendant 
  7.26  has been convicted of a felony, the court shall, before sentence 
  7.27  is imposed, cause a presentence investigation and written report 
  7.28  to be made to the court concerning the defendant's individual 
  7.29  characteristics, circumstances, needs, potentialities, criminal 
  7.30  record and social history, the circumstances of the offense and 
  7.31  the harm caused by it to others and to the community.  At the 
  7.32  request of the prosecutor in a gross misdemeanor case, the court 
  7.33  shall order that a presentence investigation and report be 
  7.34  prepared.  The investigation shall be made by a probation 
  7.35  officer of the court, if there is one; otherwise it shall be 
  7.36  made by the commissioner of corrections.  The officer conducting 
  8.1   the presentence or predispositional investigation shall make 
  8.2   reasonable and good faith efforts to contact and provide the 
  8.3   victim with the information required under section 611A.037, 
  8.4   subdivision 2.  Presentence investigations shall be conducted 
  8.5   and summary hearings held upon reports and upon the sentence to 
  8.6   be imposed upon the defendant in accordance with this section, 
  8.7   section 244.10, and the Rules of Criminal Procedure. 
  8.8      (b) When the crime is a violation of sections 609.561 to 
  8.9   609.563, 609.5641, or 609.576 and involves a fire, the report 
  8.10  shall include a description of the financial and physical harm 
  8.11  the offense has had on the public safety personnel who responded 
  8.12  to the fire.  For purposes of this paragraph, "public safety 
  8.13  personnel" means the state fire marshal; employees of the 
  8.14  division of the state fire marshal; firefighters, regardless of 
  8.15  whether the firefighters receive any remuneration for providing 
  8.16  services; peace officers, as defined in section 626.05, 
  8.17  subdivision 2; individuals providing emergency management 
  8.18  services; and individuals providing emergency medical services. 
  8.19     (c) When the crime is a felony violation of chapter 152 
  8.20  involving the sale or distribution of a controlled substance, 
  8.21  the report shall include a description of any adverse social or 
  8.22  economic effects the offense has had on persons who reside in 
  8.23  the neighborhood where the offense was committed. 
  8.24     (d) The report shall also include the information relating 
  8.25  to crime victims required under section 611A.037, subdivision 1. 
  8.26  If the court directs, the report shall include an estimate of 
  8.27  the prospects of the defendant's rehabilitation and 
  8.28  recommendations as to the sentence which should be imposed.  In 
  8.29  misdemeanor cases the report may be oral. 
  8.30     (e) When a defendant has been convicted of a felony, and 
  8.31  before sentencing, the court shall cause a sentencing worksheet 
  8.32  to be completed to facilitate the application of the Minnesota 
  8.33  sentencing guidelines.  The worksheet shall be submitted as part 
  8.34  of the presentence investigation report.  
  8.35     (f) When a person is convicted of a felony for which the 
  8.36  sentencing guidelines presume that the defendant will be 
  9.1   committed to the commissioner of corrections under an executed 
  9.2   sentence and no motion for a sentencing departure has been made 
  9.3   by counsel, the court may, when there is no space available in 
  9.4   the local correctional facility, commit the defendant to the 
  9.5   custody of the commissioner of corrections, pending completion 
  9.6   of the presentence investigation and report.  When a defendant 
  9.7   is convicted of a felony for which the sentencing guidelines do 
  9.8   not presume that the defendant will be committed to the 
  9.9   commissioner of corrections, or for which the sentencing 
  9.10  guidelines presume commitment to the commissioner but counsel 
  9.11  has moved for a sentencing departure, the court may commit the 
  9.12  defendant to the commissioner with the consent of the 
  9.13  commissioner, pending completion of the presentence 
  9.14  investigation and report.  The county of commitment shall return 
  9.15  the defendant to the court when the court so orders. 
  9.16     Sec. 3.  Minnesota Statutes 2002, section 609.52, 
  9.17  subdivision 3, is amended to read: 
  9.18     Subd. 3.  [SENTENCE.] Whoever commits theft may be 
  9.19  sentenced as follows: 
  9.20     (1) to imprisonment for not more than 20 years or to 
  9.21  payment of a fine of not more than $100,000, or both, if the 
  9.22  property is a firearm, or the value of the property or services 
  9.23  stolen is more than $35,000 and the conviction is for a 
  9.24  violation of subdivision 2, clause (3), (4), (15), or (16); or 
  9.25     (2) to imprisonment for not more than ten years or to 
  9.26  payment of a fine of not more than $20,000, or both, if the 
  9.27  value of the property or services stolen exceeds $2,500 $5,000, 
  9.28  or if the property stolen was an article representing a trade 
  9.29  secret, an explosive or incendiary device, or a controlled 
  9.30  substance listed in schedule I or II pursuant to section 152.02 
  9.31  with the exception of marijuana; or 
  9.32     (3) to imprisonment for not more than five years or to 
  9.33  payment of a fine of not more than $10,000, or both, if: 
  9.34     (a) the value of the property or services stolen is more 
  9.35  than $500 $1,000 but not more than $2,500 $5,000; or 
  9.36     (b) the property stolen was a controlled substance listed 
 10.1   in schedule III, IV, or V pursuant to section 152.02; or 
 10.2      (c) the value of the property or services stolen is more 
 10.3   than $250 $500 but not more than $500 $1,000 and the person has 
 10.4   been convicted within the preceding five years for an offense 
 10.5   under this section, section 256.98; 268.182; 609.24; 609.245; 
 10.6   609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 
 10.7   609.631; or 609.821, or a statute from another state, the United 
 10.8   States, or a foreign jurisdiction, in conformity with any of 
 10.9   those sections, and the person received a felony or gross 
 10.10  misdemeanor sentence for the offense, or a sentence that was 
 10.11  stayed under section 609.135 if the offense to which a plea was 
 10.12  entered would allow imposition of a felony or gross misdemeanor 
 10.13  sentence; or 
 10.14     (d) the value of the property or services stolen is not 
 10.15  more than $500 $1,000, and any of the following circumstances 
 10.16  exist: 
 10.17     (i) the property is taken from the person of another or 
 10.18  from a corpse, or grave or coffin containing a corpse; or 
 10.19     (ii) the property is a record of a court or officer, or a 
 10.20  writing, instrument or record kept, filed or deposited according 
 10.21  to law with or in the keeping of any public officer or office; 
 10.22  or 
 10.23     (iii) the property is taken from a burning, abandoned, or 
 10.24  vacant building or upon its removal therefrom, or from an area 
 10.25  of destruction caused by civil disaster, riot, bombing, or the 
 10.26  proximity of battle; or 
 10.27     (iv) the property consists of public funds belonging to the 
 10.28  state or to any political subdivision or agency thereof; or 
 10.29     (v) the property stolen is a motor vehicle; or 
 10.30     (4) to imprisonment for not more than one year or to 
 10.31  payment of a fine of not more than $3,000, or both, if the value 
 10.32  of the property or services stolen is more than $250 $500 but 
 10.33  not more than $500 $1,000; or 
 10.34     (5) in all other cases where the value of the property or 
 10.35  services stolen is more than $250 or less but not more than 
 10.36  $500, to imprisonment for not more than 90 days or to payment of 
 11.1   a fine of not more than $700 $1,000, or both, provided, however, 
 11.2   in any prosecution under subdivision 2, clauses (1), (2), (3), 
 11.3   (4), and (13), the value of the money or property or services 
 11.4   received by the defendant in violation of any one or more of the 
 11.5   above provisions within any six-month period may be aggregated 
 11.6   and the defendant charged accordingly in applying the provisions 
 11.7   of this subdivision; provided that when two or more offenses are 
 11.8   committed by the same person in two or more counties, the 
 11.9   accused may be prosecuted in any county in which one of the 
 11.10  offenses was committed for all of the offenses aggregated under 
 11.11  this paragraph; or 
 11.12     (6) except as provided in clause (7), in cases where the 
 11.13  value of property or services stolen is $250 or less, to payment 
 11.14  of a fine not more than $300; or 
 11.15     (7) in cases where the value of the property or services 
 11.16  stolen is $250 or less, and the offender has previously been 
 11.17  convicted of a violation of this section, to imprisonment for 
 11.18  not more than 90 days or to payment of a fine of not more than 
 11.19  $1,000, or both. 
 11.20     Sec. 4.  Minnesota Statutes 2002, section 609.535, 
 11.21  subdivision 2a, is amended to read: 
 11.22     Subd. 2a.  [PENALTIES.] (a) A person who is convicted of 
 11.23  issuing a dishonored check under subdivision 2 may be sentenced 
 11.24  as follows: 
 11.25     (1) to imprisonment for not more than five years or to 
 11.26  payment of a fine of not more than $10,000, or both, if the 
 11.27  value of the dishonored check, or checks aggregated under 
 11.28  paragraph (b), is more than $500 $1,000; 
 11.29     (2) to imprisonment for not more than one year or to 
 11.30  payment of a fine of not more than $3,000, or both, if the value 
 11.31  of the dishonored check, or checks aggregated under paragraph 
 11.32  (b), is more than $250 $500 but not more than $500 $1,000; or 
 11.33     (3) to imprisonment for not more than 90 days or to payment 
 11.34  of a fine of not more than $700 $1,000, or both, if the value of 
 11.35  the dishonored check, or checks aggregated under paragraph 
 11.36  (b), is more than $250, but is not more than $250. $500; 
 12.1      (4) except as provided in clause (5), to payment of a fine 
 12.2   of not more than $300 if the value of the dishonored check, or 
 12.3   checks aggregated under paragraph (b), is more than $100 but not 
 12.4   more than $250; or 
 12.5      (5) to imprisonment for not more than 90 days or to payment 
 12.6   of a fine of not more than $1,000, or both, if the value of the 
 12.7   dishonored check, or checks aggregated under paragraph (b), is 
 12.8   more than $100 but not more than $250 and the offender has 
 12.9   previously been convicted of a violation of this section. 
 12.10     (b) In a prosecution under this subdivision, the value of 
 12.11  dishonored checks issued by the defendant in violation of this 
 12.12  subdivision within any six-month period may be aggregated and 
 12.13  the defendant charged accordingly in applying this section.  
 12.14  When two or more offenses are committed by the same person in 
 12.15  two or more counties, the accused may be prosecuted in any 
 12.16  county in which one of the dishonored checks was issued for all 
 12.17  of the offenses aggregated under this paragraph. 
 12.18     (c) Dishonored checks $100 and less. 
 12.19     (1) Whoever issues any check with a value of $100 or less 
 12.20  that is dishonored is subject to the civil penalties provided in 
 12.21  section 604.113, subdivision 2, and the holder or payee of any 
 12.22  dishonored check with a value of $100 or less is entitled to the 
 12.23  collection provisions of this section. 
 12.24     (2) Notice of nonpayment or dishonor that includes a 
 12.25  citation to and a description of this section shall be sent by 
 12.26  the payee or holder of the check to the maker or drawer by 
 12.27  certified mail, return receipt requested, or by regular mail, 
 12.28  supported by an affidavit of service by mailing, to the address 
 12.29  printed on the check.  Refusal by the maker or drawer of the 
 12.30  check to accept certified mail notice or failure to claim 
 12.31  certified or regular mail notice is not a defense that notice 
 12.32  was not received.  The notice shall state that unless the check 
 12.33  is paid in full within five business days after mailing of the 
 12.34  notice of nonpayment or dishonor, the payee or holder of the 
 12.35  check may seek a judgment in district court.  An affidavit of 
 12.36  service by mailing shall be retained by the payee or holder of 
 13.1   the check. 
 13.2      (3) If the check is not paid in full within five days of 
 13.3   the mailing set forth in clause (2), the payee or holder of the 
 13.4   check may file with the court administrator the original check, 
 13.5   an affidavit that the notice required in clause (2) has been 
 13.6   sent and that the check has not been paid in full, an affidavit 
 13.7   of identification, and a $50 filing fee. 
 13.8      (4) The court administrator shall file the document and 
 13.9   shall send a notice of the case filing to the maker or drawer of 
 13.10  the check.  The notice shall provide notice that a case has been 
 13.11  commenced and that the maker or drawer of the check has ten days 
 13.12  of the mailing to request a hearing on the matter or provide 
 13.13  proof that the check has been paid in full.  If no hearing 
 13.14  request or proof of payment is received, the court administrator 
 13.15  shall enter judgment in district court for the amount of the 
 13.16  check, the filing fee, and applicable statutory penalties. 
 13.17     (5) The maker or drawer of the check shall pay a filing fee 
 13.18  of $50 to request a hearing on the matter.  If the maker or 
 13.19  drawer files an affidavit of forgery, no filing fee shall be 
 13.20  required. 
 13.21     (6) Notice of the entry and docketing of the judgment shall 
 13.22  be sent by the court administrator to the maker or drawer by 
 13.23  regular mail. 
 13.24     (7) The state court administrator shall prepare and make 
 13.25  available forms necessary to implement this subdivision. 
 13.26     Sec. 5.  Minnesota Statutes 2002, section 609.545, is 
 13.27  amended to read: 
 13.28     609.545 [MISUSING CREDIT CARD TO SECURE SERVICES.] 
 13.29     Whoever obtains the services of another by the intentional 
 13.30  unauthorized use of a credit card issued or purporting to be 
 13.31  issued by an organization for use as identification in 
 13.32  purchasing services is guilty of a petty misdemeanor.  
 13.33     Sec. 6.  Minnesota Statutes 2002, section 609.595, is 
 13.34  amended to read: 
 13.35     609.595 [DAMAGE TO PROPERTY.] 
 13.36     Subdivision 1.  [CRIMINAL DAMAGE TO PROPERTY IN THE FIRST 
 14.1   DEGREE.] Whoever intentionally causes damage to physical 
 14.2   property of another without the latter's consent may be 
 14.3   sentenced to imprisonment for not more than five years or to 
 14.4   payment of a fine of not more than $10,000, or both, if:  
 14.5      (1) the damage to the property caused a reasonably 
 14.6   foreseeable risk of bodily harm; or 
 14.7      (2) the property damaged belongs to a common carrier and 
 14.8   the damage impairs the service to the public rendered by the 
 14.9   carrier; or 
 14.10     (3) the damage reduces the value of the property by more 
 14.11  than $500 $1,000 measured by the cost of repair and replacement; 
 14.12  or 
 14.13     (4) the damage reduces the value of the property by more 
 14.14  than $250 $500 measured by the cost of repair and replacement 
 14.15  and the defendant has been convicted within the preceding three 
 14.16  years of an offense under this subdivision or subdivision 2. 
 14.17     In any prosecution under clause (3), the value of any 
 14.18  property damaged by the defendant in violation of that clause 
 14.19  within any six-month period may be aggregated and the defendant 
 14.20  charged accordingly in applying the provisions of this section; 
 14.21  provided that when two or more offenses are committed by the 
 14.22  same person in two or more counties, the accused may be 
 14.23  prosecuted in any county in which one of the offenses was 
 14.24  committed for all of the offenses aggregated under this 
 14.25  paragraph.  
 14.26     Subd. 1a.  [CRIMINAL DAMAGE TO PROPERTY IN THE SECOND 
 14.27  DEGREE.] (a) Whoever intentionally causes damage described in 
 14.28  subdivision 2, paragraph (a), to another person's physical 
 14.29  property without the other person's consent because of the 
 14.30  property owner's or another's actual or perceived race, color, 
 14.31  religion, sex, sexual orientation, disability as defined in 
 14.32  section 363.01, age, or national origin is guilty of a felony 
 14.33  and may be sentenced to imprisonment for not more than one year 
 14.34  and a day or to payment of a fine of not more than $3,000, or 
 14.35  both if the damage reduces the value of the property by more 
 14.36  than $500 as measured by the cost of repair and replacement. 
 15.1      (b) In any prosecution under paragraph (a), the value of 
 15.2   property damaged by the defendant in violation of that paragraph 
 15.3   within any six-month period may be aggregated and the defendant 
 15.4   charged accordingly in applying this section.  When two or more 
 15.5   offenses are committed by the same person in two or more 
 15.6   counties, the accused may be prosecuted in any county in which 
 15.7   one of the offenses was committed for all of the offenses 
 15.8   aggregated under this paragraph. 
 15.9      Subd. 2.  [CRIMINAL DAMAGE TO PROPERTY IN THE THIRD 
 15.10  DEGREE.] (a) Except as otherwise provided in subdivision 1a, 
 15.11  Whoever intentionally causes damage to another person's physical 
 15.12  property without the other person's consent may be sentenced to 
 15.13  imprisonment for not more than one year or to payment of a fine 
 15.14  of not more than $3,000, or both, if the damage reduces the 
 15.15  value of the property by more than $250 $500 but not more than 
 15.16  $500 $1,000 as measured by the cost of repair and replacement. 
 15.17     (b) Whoever intentionally causes damage to another person's 
 15.18  physical property without the other person's consent because of 
 15.19  the property owner's or another's actual or perceived race, 
 15.20  color, religion, sex, sexual orientation, disability as defined 
 15.21  in section 363.01, age, or national origin may be sentenced to 
 15.22  imprisonment for not more than one year or to payment of a fine 
 15.23  of not more than $3,000, or both, if the damage reduces the 
 15.24  value of the property by not more than $250 $500 as measured by 
 15.25  the cost of repair and replacement. 
 15.26     (c) In any prosecution under paragraph (a), the value of 
 15.27  property damaged by the defendant in violation of that paragraph 
 15.28  within any six-month period may be aggregated and the defendant 
 15.29  charged accordingly in applying this section.  When two or more 
 15.30  offenses are committed by the same person in two or more 
 15.31  counties, the accused may be prosecuted in any county in which 
 15.32  one of the offenses was committed for all of the offenses 
 15.33  aggregated under this paragraph. 
 15.34     Subd. 3.  [CRIMINAL DAMAGE TO PROPERTY IN THE FOURTH 
 15.35  DEGREE.] (a) Whoever intentionally causes damage described in 
 15.36  subdivision 2 under any other circumstances to another person's 
 16.1   physical property without the other person's consent is guilty 
 16.2   of a misdemeanor if the damage reduces the value of the property 
 16.3   by more than $250 but not more than $500 as measured by the cost 
 16.4   of repair and replacement. 
 16.5      (b) In any prosecution under paragraph (a), the value of 
 16.6   property damaged by the defendant in violation of that paragraph 
 16.7   within any six-month period may be aggregated and the defendant 
 16.8   charged accordingly when applying this section.  When two or 
 16.9   more offenses are committed by the same person in two or more 
 16.10  counties, the accused may be prosecuted in any county in which 
 16.11  one of the offenses was committed for all of the offenses 
 16.12  aggregated under this paragraph. 
 16.13     Subd. 4.  [CRIMINAL DAMAGE TO PROPERTY IN THE FIFTH 
 16.14  DEGREE.] (a) Whoever intentionally causes damage to another 
 16.15  person's physical property without the other person's consent is 
 16.16  guilty of a petty misdemeanor if the damage reduces the value of 
 16.17  the property by not more than $250 as measured by the cost of 
 16.18  repair and replacement.  A violation of this subdivision by a 
 16.19  person who has previously been convicted of a violation of this 
 16.20  section is a misdemeanor. 
 16.21     (b) In any prosecution under paragraph (a), the value of 
 16.22  property damaged by the defendant in violation of that paragraph 
 16.23  within any six-month period may be aggregated and the defendant 
 16.24  charged accordingly when applying this section.  When two or 
 16.25  more offenses are committed by the same person in two or more 
 16.26  counties, the accused may be prosecuted in any county in which 
 16.27  one of the offenses was committed for all of the offenses 
 16.28  aggregated under this paragraph. 
 16.29     Sec. 7.  Minnesota Statutes 2002, section 609.605, 
 16.30  subdivision 1, is amended to read: 
 16.31     Subdivision 1.  [PETTY MISDEMEANOR.] (a) The following 
 16.32  terms have the meanings given them for purposes of this section. 
 16.33     (i) (1) "Premises" means real property and any appurtenant 
 16.34  building or structure. 
 16.35     (ii) (2) "Dwelling" means the building or part of a 
 16.36  building used by an individual as a place of residence on either 
 17.1   a full-time or a part-time basis.  A dwelling may be part of a 
 17.2   multidwelling or multipurpose building, or a manufactured home 
 17.3   as defined in section 168.011, subdivision 8. 
 17.4      (iii) (3) "Construction site" means the site of the 
 17.5   construction, alteration, painting, or repair of a building or 
 17.6   structure. 
 17.7      (iv) (4) "Owner or lawful possessor," as used in paragraph 
 17.8   (b), clause (9), means the person on whose behalf a building or 
 17.9   dwelling is being constructed, altered, painted, or repaired and 
 17.10  the general contractor or subcontractor engaged in that work. 
 17.11     (v) (5) "Posted," as used in paragraph (b), clause (9), 
 17.12  means the placement of a sign at least 11 inches square in a 
 17.13  conspicuous place on the exterior of the building that is under 
 17.14  construction, alteration, or repair, and additional signs in at 
 17.15  least two conspicuous places for each ten acres being 
 17.16  protected.  The sign must carry an appropriate notice and the 
 17.17  name of the person giving the notice, followed by the word 
 17.18  "owner" if the person giving the notice is the holder of legal 
 17.19  title to the land on which the construction site is located or 
 17.20  by the word "occupant" if the person giving the notice is not 
 17.21  the holder of legal title but is a lawful occupant of the land. 
 17.22     (vi) (6) "Business licensee," as used in paragraph (b), 
 17.23  clause (9), includes a representative of a building trades labor 
 17.24  or management organization. 
 17.25     (vii) (7) "Building" has the meaning given in section 
 17.26  609.581, subdivision 2. 
 17.27     (b) A person is guilty of a petty misdemeanor if the person 
 17.28  intentionally: 
 17.29     (1) permits domestic animals or fowls under the actor's 
 17.30  control to go on the land of another within a city; 
 17.31     (2) interferes unlawfully with a monument, sign, or pointer 
 17.32  erected or marked to designate a point of a boundary, line or a 
 17.33  political subdivision, or of a tract of land; 
 17.34     (3) trespasses on the premises of another and, without 
 17.35  claim of right, refuses to depart from the premises on demand of 
 17.36  the lawful possessor; 
 18.1      (4) occupies or enters the dwelling or locked or posted 
 18.2   building of another, without claim of right or consent of the 
 18.3   owner or the consent of one who has the right to give consent, 
 18.4   except in an emergency situation; 
 18.5      (5) enters the premises of another with intent to take or 
 18.6   injure any fruit, fruit trees, or vegetables growing on the 
 18.7   premises, without the permission of the owner or occupant; 
 18.8      (6) enters or is found on the premises of a public or 
 18.9   private cemetery without authorization during hours the cemetery 
 18.10  is posted as closed to the public; 
 18.11     (7) returns to the property of another with the intent to 
 18.12  abuse, disturb, or cause distress in or threaten another, after 
 18.13  being told to leave the property and not to return, if the actor 
 18.14  is without claim of right to the property or consent of one with 
 18.15  authority to consent; 
 18.16     (8) returns to the property of another within 30 days after 
 18.17  being told to leave the property and not to return, if the actor 
 18.18  is without claim of right to the property or consent of one with 
 18.19  authority to consent; or 
 18.20     (9) enters the locked or posted construction site of 
 18.21  another without the consent of the owner or lawful possessor, 
 18.22  unless the person is a business licensee. 
 18.23     Sec. 8.  Minnesota Statutes 2002, section 609.615, is 
 18.24  amended to read: 
 18.25     609.615 [DEFEATING SECURITY ON REALTY.] 
 18.26     Whoever removes or damages real property which is subject 
 18.27  to a mortgage, mechanic's lien, or contract for deed, including 
 18.28  during the period of time allowed for redemption, with intent to 
 18.29  impair the value of the property, without the consent of the 
 18.30  security holder, may be sentenced as follows: 
 18.31     (1) if the value of the property is impaired by $300 $250 
 18.32  or less, to payment of a fine of not more than $300; 
 18.33     (2) if the value of the property is impaired by more than 
 18.34  $250 but less than $1,000, by imprisonment for not more than 90 
 18.35  days or to payment of a fine of not more than $700 $1,000, or 
 18.36  both; or 
 19.1      (2) (3) if the value of the property is impaired by $1,000 
 19.2   or more than $300, to imprisonment for not more than five years 
 19.3   one year or to payment of a fine of not more 
 19.4   than $10,000 $3,000, or both. 
 19.5      A violation of clause (1) committed by a person who has 
 19.6   previously been convicted of a violation of this section is a 
 19.7   misdemeanor. 
 19.8      Sec. 9.  Minnesota Statutes 2002, section 609.631, 
 19.9   subdivision 4, is amended to read: 
 19.10     Subd. 4.  [SENTENCING.] A person who is convicted under 
 19.11  subdivision 2 or 3 may be sentenced as follows: 
 19.12     (1) to imprisonment for not more than 20 years or to 
 19.13  payment of a fine of not more than $100,000, or both, if the 
 19.14  forged check or checks are used to obtain or in an attempt to 
 19.15  obtain, property or services of more than $35,000 or the 
 19.16  aggregate amount of the forged check or checks is more than 
 19.17  $35,000; 
 19.18     (2) to imprisonment for not more than ten years or to 
 19.19  payment of a fine of not more than $20,000, or both, if the 
 19.20  forged check or checks are used to obtain or in an attempt to 
 19.21  obtain, property or services of more than $2,500 $5,000 or the 
 19.22  aggregate amount of the forged check or checks is more than 
 19.23  $2,500 $5,000; 
 19.24     (3) to imprisonment for not more than five years or to 
 19.25  payment of a fine of not more than $10,000, or both, if: 
 19.26     (a) (i) the forged check or checks are used to obtain or in 
 19.27  an attempt to obtain, property or services of more 
 19.28  than $250 $1,000 but not more than $2,500 $5,000, or the 
 19.29  aggregate face amount of the forged check or checks is more 
 19.30  than $250 $1,000 but not more than $2,500 $5,000; or 
 19.31     (b) (ii) the forged check or checks are used to obtain or 
 19.32  in an attempt to obtain, property or services of no more than 
 19.33  $500 but not more than $250 $1,000, or have an aggregate face 
 19.34  value of no more than $500 but not more than $250 $1,000, and 
 19.35  the person has been convicted within the preceding five years 
 19.36  for an offense under this section, section 609.24; 609.245; 
 20.1   609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 
 20.2   609.63; or 609.821, or a statute from another state in 
 20.3   conformity with any of those sections, and the person received a 
 20.4   felony or gross misdemeanor sentence for the offense, or a 
 20.5   sentence that was stayed under section 609.135 if the offense to 
 20.6   which a plea was entered would allow imposition of a felony or 
 20.7   gross misdemeanor sentence; and 
 20.8      (4) to imprisonment for not more than one year or to 
 20.9   payment of a fine of not more than $3,000, or both, if the 
 20.10  forged check or checks are used to obtain or in an attempt to 
 20.11  obtain, property or services of no more than $250 $500 but not 
 20.12  more than $1,000, or the aggregate face amount of the forged 
 20.13  check or checks is no more than $250. $500 but not more than 
 20.14  $1,000; 
 20.15     (5) to imprisonment for not more than 90 days or to payment 
 20.16  of a fine of not more than $1,000, or both, if the forged check 
 20.17  or checks are used to obtain or in an attempt to obtain, 
 20.18  property or services of more than $250 but not more than $500, 
 20.19  or the aggregate face amount of the forged check or checks is 
 20.20  more than $250 but not more than $500; 
 20.21     (6) except as provided in clause (7), to payment of a fine 
 20.22  of not more than $300, if the forged check or checks are used to 
 20.23  obtain or in an attempt to obtain, property or services of no 
 20.24  more than $250, or the aggregate face amount of the forged check 
 20.25  or checks is no more than $250; and 
 20.26     (7) to imprisonment for not more than 90 days or to payment 
 20.27  of a fine of not more than $1,000, or both, if the forged check 
 20.28  or checks are used to obtain or in an attempt to obtain, 
 20.29  property or services of no more than $250, or the aggregate face 
 20.30  amount of the forged check or checks is no more than $250, and 
 20.31  the offender has previously been convicted of a violation of 
 20.32  this section. 
 20.33     In any prosecution under this subdivision, the value of the 
 20.34  checks forged or offered by the defendant in violation of this 
 20.35  subdivision within any six-month period may be aggregated and 
 20.36  the defendant charged accordingly in applying the provisions of 
 21.1   this section.  When two or more offenses are committed by the 
 21.2   same person in two or more counties, the accused may be 
 21.3   prosecuted in any county in which one of the checks was forged 
 21.4   or offered for all of the offenses aggregated under this 
 21.5   paragraph. 
 21.6      Sec. 10.  Minnesota Statutes 2002, section 609.68, is 
 21.7   amended to read: 
 21.8      609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
 21.9      Whoever unlawfully deposits garbage, rubbish, offal, or the 
 21.10  body of a dead animal, or other litter in or upon any public 
 21.11  highway, public waters or the ice thereon, shoreland areas 
 21.12  adjacent to rivers or streams as defined by section 103F.205, 
 21.13  public lands, or, without the consent of the owner, private 
 21.14  lands or water or ice thereon, is guilty of a petty misdemeanor. 
 21.15     Sec. 11.  Minnesota Statutes 2002, section 609.681, is 
 21.16  amended to read: 
 21.17     609.681 [UNLAWFUL SMOKING.] 
 21.18     A person is guilty of a petty misdemeanor if the person 
 21.19  intentionally smokes in a building, area, or common carrier in 
 21.20  which "no smoking" notices have been prominently posted, or when 
 21.21  requested not to by the operator of the common carrier. 
 21.22     Sec. 12.  Minnesota Statutes 2002, section 609.72, 
 21.23  subdivision 1, is amended to read: 
 21.24     Subdivision 1.  (a) Whoever does any of the following in a 
 21.25  public or private place, including on a school bus, knowing, or 
 21.26  having reasonable grounds to know that it will, or will tend to, 
 21.27  alarm, anger or disturb others or provoke an assault or breach 
 21.28  of the peace, is guilty of disorderly conduct, which is a petty 
 21.29  misdemeanor: 
 21.30     (1) Engages in brawling or fighting; or 
 21.31     (2) Disturbs an assembly or meeting, not unlawful in its 
 21.32  character; or 
 21.33     (3) Engages in offensive, obscene, abusive, boisterous, or 
 21.34  noisy conduct or in offensive, obscene, or abusive language 
 21.35  tending reasonably to arouse alarm, anger, or resentment in 
 21.36  others.  
 22.1      A person does not violate this section if the person's 
 22.2   disorderly conduct was caused by an epileptic seizure. 
 22.3      (b) A person who violates this subdivision after having 
 22.4   previously been convicted of violating this section is guilty of 
 22.5   a misdemeanor. 
 22.6      Sec. 13.  Minnesota Statutes 2002, section 609.893, 
 22.7   subdivision 3, is amended to read: 
 22.8      Subd. 3.  [FRAUD.] (a) Whoever commits telecommunications 
 22.9   and information services fraud in violation of subdivision 1 may 
 22.10  be sentenced as follows: 
 22.11     (1) to imprisonment for not more than ten years or to 
 22.12  payment of a fine of not more than $20,000, or both, if the 
 22.13  value of the services is in excess of $2,500 $5,000; 
 22.14     (2) to imprisonment for not more than five years or to 
 22.15  payment of a fine of not more than $10,000, or both, if the 
 22.16  value of the services is more than $500 $2,500 but not more than 
 22.17  $2,500 $5,000; or 
 22.18     (3) in all other cases, to imprisonment for not more than 
 22.19  90 days one year or to payment of a fine of not more than 
 22.20  $700 $3,000, or both., if the value of the services is more than 
 22.21  $1,000, but not more than $2,500; 
 22.22     (4) to imprisonment for not more than 90 days or to payment 
 22.23  of a fine of not more than $1,000, or both, if the value of the 
 22.24  services is more than $250, but not more than $1,000; 
 22.25     (5) except as provided in clause (6), to payment of a fine 
 22.26  of not more than $300, if the value of the services is $250 or 
 22.27  less; or 
 22.28     (6) to imprisonment for not more than 90 days or to payment 
 22.29  of a fine of not more than $1,000, or both, if the value of the 
 22.30  services is more than $250, but not more than $1,000, and the 
 22.31  offender has previously been convicted of a violation of this 
 22.32  section. 
 22.33     (b) Amounts involved in a violation of paragraph (a) under 
 22.34  one scheme or course of conduct, whether from the same credit 
 22.35  card number or several credit card numbers, may be aggregated in 
 22.36  determining the classification of the offense. 
 23.1      Sec. 14.  [CREATION OF PRETRIAL STUDY GROUP.] 
 23.2      The Sentencing Guidelines Commission shall convene a work 
 23.3   group of criminal justice professionals to study and make 
 23.4   recommendations on the equitable use of pretrial diversion in 
 23.5   each county to accomplish the following goals: 
 23.6      (1) to provide eligible offenders with an alternative to 
 23.7   confinement and a criminal conviction; 
 23.8      (2) to reduce the costs and caseload burdens on the 
 23.9   criminal justice system; 
 23.10     (3) to minimize recidivism among diverted offenders; 
 23.11     (4) to promote the collection of restitution to the victim 
 23.12  of the offender's crime; and 
 23.13     (5) to develop responsible alternatives to the criminal 
 23.14  justice system for eligible offenders. 
 23.15  The Sentencing Guidelines Commission shall report to the chairs 
 23.16  and ranking minority members of the committees having 
 23.17  jurisdiction over criminal justice policy and funding on 
 23.18  February 1, 2004. 
 23.19     Sec. 15.  [EFFECTIVE DATE.] 
 23.20     Sections 1 to 13 are effective August 1, 2003, and apply to 
 23.21  crimes committed on or after that date. 
 23.22                             ARTICLE 3 
 23.23            JUDICIAL ADMINISTRATION; RELATED PROVISIONS 
 23.24     Section 1.  Minnesota Statutes 2002, section 484.08, is 
 23.25  amended to read: 
 23.26     484.08 [DISTRICT COURTS TO BE OPEN AT ALL TIMES; TERMS; 
 23.27  LOCATIONS.] 
 23.28     (a) The district courts of the state shall be deemed open 
 23.29  at all times, except on legal holidays and Sundays.  The terms 
 23.30  of the district courts shall be continuous.  Notwithstanding any 
 23.31  other law to the contrary, the chief justice shall have the 
 23.32  authority to determine the hours of operation of court in each 
 23.33  county. 
 23.34     (b) Notwithstanding any other law to the contrary, the 
 23.35  chief justice, in consultation with the conference of chief 
 23.36  judges, shall determine where court is conducted within each 
 24.1   county and the types of hearings to be held in each court 
 24.2   facility. 
 24.3      Sec. 2.  Minnesota Statutes 2002, section 491A.02, 
 24.4   subdivision 2, is amended to read: 
 24.5      Subd. 2.  [ASSISTANCE TO LITIGANTS.] Under the supervision 
 24.6   of the conciliation court judges, the court administrator 
 24.7   shall provide simplified forms and may explain to litigants the 
 24.8   procedure and functions of the conciliation court and shall on 
 24.9   request may assist them in filling out all forms and pleading 
 24.10  necessary for the presentation of their claims or counterclaims 
 24.11  to the court.  The uniform claim and counterclaim forms must be 
 24.12  accepted by any court administrator and shall on request be 
 24.13  forwarded together with the entire filing fee, if any, to the 
 24.14  court administrator of the appropriate conciliation court.  The 
 24.15  court administrator shall on request may assist judgment 
 24.16  creditors and debtors in the preparation of the forms necessary 
 24.17  to obtain satisfaction of a final judgment.  The performance of 
 24.18  duties prescribed in this subdivision do not constitute the 
 24.19  practice of law for purposes of section 481.02, subdivision 8. 
 24.20     Sec. 3.  Minnesota Statutes 2002, section 518B.01, 
 24.21  subdivision 4, is amended to read: 
 24.22     Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
 24.23  action known as a petition for an order for protection in cases 
 24.24  of domestic abuse.  
 24.25     (a) A petition for relief under this section may be made by 
 24.26  any family or household member personally or by a family or 
 24.27  household member, a guardian as defined in section 524.1-201, 
 24.28  clause (20), or, if the court finds that it is in the best 
 24.29  interests of the minor, by a reputable adult age 25 or older on 
 24.30  behalf of minor family or household members.  A minor age 16 or 
 24.31  older may make a petition on the minor's own behalf against a 
 24.32  spouse or former spouse, or a person with whom the minor has a 
 24.33  child in common, if the court determines that the minor has 
 24.34  sufficient maturity and judgment and that it is in the best 
 24.35  interests of the minor. 
 24.36     (b) A petition for relief shall allege the existence of 
 25.1   domestic abuse, and shall be accompanied by an affidavit made 
 25.2   under oath stating the specific facts and circumstances from 
 25.3   which relief is sought.  
 25.4      (c) A petition for relief must state whether the petitioner 
 25.5   has ever had an order for protection in effect against the 
 25.6   respondent. 
 25.7      (d) A petition for relief must state whether there is an 
 25.8   existing order for protection in effect under this chapter 
 25.9   governing both the parties and whether there is a pending 
 25.10  lawsuit, complaint, petition or other action between the parties 
 25.11  under chapter 257, 518, 518A, 518B, or 518C.  The court 
 25.12  administrator shall verify the terms of any existing order 
 25.13  governing the parties.  The court may not delay granting relief 
 25.14  because of the existence of a pending action between the parties 
 25.15  or the necessity of verifying the terms of an existing order.  A 
 25.16  subsequent order in a separate action under this chapter may 
 25.17  modify only the provision of an existing order that grants 
 25.18  relief authorized under subdivision 6, paragraph (a), clause 
 25.19  (1).  A petition for relief may be granted, regardless of 
 25.20  whether there is a pending action between the parties.  
 25.21     (e) The court shall provide simplified forms and may 
 25.22  provide clerical assistance to help with the writing and filing 
 25.23  of a petition under this section.  
 25.24     (f) The court shall advise a petitioner under paragraph (e) 
 25.25  of the right to file a motion and affidavit and to sue in forma 
 25.26  pauperis pursuant to section 563.01 and shall may assist with 
 25.27  the writing and filing of the motion and affidavit.  
 25.28     (g) The court shall advise a petitioner under paragraph (e) 
 25.29  of the right to serve the respondent by published notice under 
 25.30  subdivision 5, paragraph (b), if the respondent is avoiding 
 25.31  personal service by concealment or otherwise, and shall may 
 25.32  assist with the writing and filing of the affidavit. 
 25.33     (h) The court shall advise the petitioner of the right to 
 25.34  seek restitution under the petition for relief. 
 25.35     (i) The court shall advise the petitioner of the right to 
 25.36  request a hearing under subdivision 7, paragraph (c).  If the 
 26.1   petitioner does not request a hearing, the court shall advise 
 26.2   the petitioner that the respondent may request a hearing and 
 26.3   that notice of the hearing date and time will be provided to the 
 26.4   petitioner by mail at least five days before the hearing. 
 26.5      (j) The court shall advise the petitioner of the right to 
 26.6   request supervised parenting time, as provided in section 
 26.7   518.175, subdivision 1a. 
 26.8      Sec. 4.  Minnesota Statutes 2002, section 546.27, is 
 26.9   amended to read: 
 26.10     546.27 [DECISION BY THE COURT.] 
 26.11     Subdivision 1.  [WRITTEN DECISIONS REQUIRED.] (a) When an 
 26.12  issue of fact has been tried by the court, the decision shall be 
 26.13  in writing, the facts found and the conclusion of law shall be 
 26.14  separately stated, and judgment shall be entered accordingly.  
 26.15  Except as provided in paragraph (b), all questions of fact and 
 26.16  law, and all motions and matters submitted to a judge for a 
 26.17  decision in trial and appellate matters, shall be disposed of 
 26.18  and the decision filed with the court administrator within 90 
 26.19  days after such submission the time period for disposition 
 26.20  established by the chief justice, unless sickness or casualty 
 26.21  shall prevent, or the time be extended by written consent of the 
 26.22  parties.  No part of the salary of any judge shall be paid 
 26.23  unless the voucher therefor be accompanied by a certificate of 
 26.24  the judge that there has been full compliance with the 
 26.25  requirements of this section. 
 26.26     (b) If a hearing has been held on a petition under chapter 
 26.27  260 involving physical or sexual abuse of a child who is alleged 
 26.28  to be in need of protection or services or neglected and in 
 26.29  foster care, the decision must be filed within 15 days after the 
 26.30  matter is submitted to the judge. 
 26.31     Subd. 2.  [BOARD OF JUDICIAL STANDARDS REVIEW.] At least 
 26.32  annually, the board on judicial standards shall review the 
 26.33  compliance of each district, county, or municipal judge with the 
 26.34  provisions of subdivision 1.  To facilitate this review, the 
 26.35  director of the state judicial information system shall notify 
 26.36  the executive secretary of the state board on judicial standards 
 27.1   when a matter exceeds 90 days without a disposition the time 
 27.2   period for disposition established by the chief justice.  The 
 27.3   board shall notify the commissioner of finance of each judge not 
 27.4   in compliance.  If the board finds that a judge has compelling 
 27.5   reasons for noncompliance, it may decide not to issue the 
 27.6   notice.  Upon notification that a judge is not in compliance, 
 27.7   the commissioner of finance shall not pay the salary of that 
 27.8   judge.  The board may cancel a notice of noncompliance upon 
 27.9   finding that a judge is in compliance, but in no event shall a 
 27.10  judge be paid a salary for the period in which the notification 
 27.11  of noncompliance was in effect. 
 27.12     Sec. 5.  Minnesota Statutes 2002, section 609.748, 
 27.13  subdivision 3, is amended to read: 
 27.14     Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
 27.15  petition for relief must allege facts sufficient to show the 
 27.16  following:  
 27.17     (1) the name of the alleged harassment victim; 
 27.18     (2) the name of the respondent; and 
 27.19     (3) that the respondent has engaged in harassment. 
 27.20  The petition shall be accompanied by an affidavit made under 
 27.21  oath stating the specific facts and circumstances from which 
 27.22  relief is sought.  The court shall provide simplified forms 
 27.23  and may provide clerical assistance to help with the writing and 
 27.24  filing of a petition under this section and shall advise the 
 27.25  petitioner of the right to sue in forma pauperis under section 
 27.26  563.01.  Upon receipt of the petition, the court shall order a 
 27.27  hearing, which must be held not later than 14 days from the date 
 27.28  of the order.  Personal service must be made upon the respondent 
 27.29  not less than five days before the hearing.  If personal service 
 27.30  cannot be completed in time to give the respondent the minimum 
 27.31  notice required under this paragraph, the court may set a new 
 27.32  hearing date.  Nothing in this section shall be construed as 
 27.33  requiring a hearing on a matter that has no merit.  
 27.34     (b) Notwithstanding paragraph (a), the order for a hearing 
 27.35  and a temporary order issued under subdivision 4 may be served 
 27.36  on the respondent by means of a one-week published notice under 
 28.1   section 645.11, if: 
 28.2      (1) the petitioner files an affidavit with the court 
 28.3   stating that an attempt at personal service made by a sheriff 
 28.4   was unsuccessful because the respondent is avoiding service by 
 28.5   concealment or otherwise; and 
 28.6      (2) a copy of the petition and order for hearing and any 
 28.7   temporary restraining order has been mailed to the respondent at 
 28.8   the respondent's residence or place of business, if the 
 28.9   respondent is an organization, or the respondent's residence or 
 28.10  place of business is not known to the petitioner. 
 28.11     (c) Regardless of the method of service, if the respondent 
 28.12  is a juvenile, whenever possible, the court also shall have 
 28.13  notice of the pendency of the case and of the time and place of 
 28.14  the hearing served by mail at the last known address upon any 
 28.15  parent or guardian of the juvenile respondent who is not the 
 28.16  petitioner. 
 28.17     Sec. 6.  [REPEALER.] 
 28.18     Minnesota Statutes 2002, sections 147.111; 147A.14; 
 28.19  147B.07; 148.102; 148.263; 148B.07; 148B.283; 148B.63; 149A.61; 
 28.20  150A.13; 153.24; 156.122; 340A.905; 626A.17; and 631.40, 
 28.21  subdivisions 1a and 1b, are repealed effective August 1, 2003. 
 28.22                             ARTICLE 4 
 28.23                   CIVIL LAW; RELATED PROVISIONS 
 28.24     Section 1.  Minnesota Statutes 2002, section 16D.14, 
 28.25  subdivision 2, is amended to read: 
 28.26     Subd. 2.  [CONCILIATION COURT; CLAIMS FOR $2,500 $2,000 OR 
 28.27  LESS.] (a) The commissioner or the attorney general may bring a 
 28.28  conciliation court action where the cause of action arose or 
 28.29  where the debtor resides.  Before bringing a conciliation court 
 28.30  action for a claim for $2,500 $2,000 or less under this section 
 28.31  in any county other than where the debtor resides or where the 
 28.32  cause of action arose, the commissioner or the attorney general 
 28.33  shall send a form by first class mail to the debtor's last known 
 28.34  address notifying the debtor of the intent to bring an action in 
 28.35  Ramsey county.  The commissioner or attorney general must 
 28.36  enclose a form for the debtor to use to request that the action 
 29.1   not be brought in Ramsey county and a self-addressed, postage 
 29.2   paid envelope.  The form must advise the debtor of the right to 
 29.3   request that the action not be brought in Ramsey county and that 
 29.4   the debtor has 30 days from the date of the form to make this 
 29.5   request. 
 29.6      (b) If the debtor timely returns the form requesting the 
 29.7   action not be brought in Ramsey county, the commissioner or 
 29.8   attorney general may only file the action in the county of the 
 29.9   debtor's residence, the county where the cause of action arose, 
 29.10  or as provided by other law.  The commissioner or attorney 
 29.11  general shall notify the debtor of the action taken.  If the 
 29.12  debtor does not timely return the form, venue is as chosen by 
 29.13  the commissioner or attorney general as authorized under this 
 29.14  section. 
 29.15     (c) If a judgment is obtained in Ramsey county conciliation 
 29.16  court when the form was sent by first class mail under this 
 29.17  subdivision and the debtor reasonably demonstrates that the 
 29.18  debtor did not reside at the address where the form was sent or 
 29.19  that the debtor did not receive the form, the commissioner or 
 29.20  the attorney general shall vacate the judgment without prejudice 
 29.21  and return any funds collected as a result of enforcement of the 
 29.22  judgment.  Evidence of the debtor's correct address include, but 
 29.23  are not limited to, a driver's license, homestead declaration, 
 29.24  school registration, utility bills, or a lease or rental 
 29.25  agreement. 
 29.26     Sec. 2.  Minnesota Statutes 2002, section 169A.53, 
 29.27  subdivision 3, is amended to read: 
 29.28     Subd. 3.  [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial 
 29.29  review hearing under this section must be before a district 
 29.30  judge in any county in the judicial district where the alleged 
 29.31  offense occurred.  The hearing is to the court and may be 
 29.32  conducted at the same time and in the same manner as hearings 
 29.33  upon pretrial motions in the criminal prosecution under section 
 29.34  169A.20 (driving while impaired), if any.  The hearing must be 
 29.35  recorded.  The commissioner shall appear and be represented by 
 29.36  the attorney general or through the prosecuting authority for 
 30.1   the jurisdiction involved.  The hearing must be held at the 
 30.2   earliest practicable date, and in any event no later than 60 
 30.3   days following the filing of the petition for review.  The 
 30.4   judicial district administrator shall establish procedures to 
 30.5   ensure efficient compliance with this subdivision.  To 
 30.6   accomplish this, the administrator may, whenever possible, 
 30.7   consolidate and transfer review hearings among the locations 
 30.8   within the judicial district where terms of district court are 
 30.9   held. 
 30.10     (b) The scope of the hearing is limited to the issues in 
 30.11  clauses (1) to (10): 
 30.12     (1) Did the peace officer have probable cause to believe 
 30.13  the person was driving, operating, or in physical control of a 
 30.14  motor vehicle or commercial motor vehicle in violation of 
 30.15  section 169A.20 (driving while impaired)? 
 30.16     (2) Was the person lawfully placed under arrest for 
 30.17  violation of section 169A.20? 
 30.18     (3) Was the person involved in a motor vehicle accident or 
 30.19  collision resulting in property damage, personal injury, or 
 30.20  death? 
 30.21     (4) Did the person refuse to take a screening test provided 
 30.22  for by section 169A.41 (preliminary screening test)? 
 30.23     (5) If the screening test was administered, did the test 
 30.24  indicate an alcohol concentration of 0.10 or more? 
 30.25     (6) At the time of the request for the test, did the peace 
 30.26  officer inform the person of the person's rights and the 
 30.27  consequences of taking or refusing the test as required by 
 30.28  section 169A.51, subdivision 2? 
 30.29     (7) Did the person refuse to permit the test? 
 30.30     (8) If a test was taken by a person driving, operating, or 
 30.31  in physical control of a motor vehicle, did the test results 
 30.32  indicate at the time of testing: 
 30.33     (i) an alcohol concentration of 0.10 or more; or 
 30.34     (ii) the presence of a controlled substance listed in 
 30.35  schedule I or II, other than marijuana or tetrahydrocannabinols? 
 30.36     (9) If a test was taken by a person driving, operating, or 
 31.1   in physical control of a commercial motor vehicle, did the test 
 31.2   results indicate an alcohol concentration of 0.04 or more at the 
 31.3   time of testing? 
 31.4      (10) Was the testing method used valid and reliable and 
 31.5   were the test results accurately evaluated? 
 31.6      (c) It is an affirmative defense for the petitioner to 
 31.7   prove that, at the time of the refusal, the petitioner's refusal 
 31.8   to permit the test was based upon reasonable grounds. 
 31.9      (d) Certified or otherwise authenticated copies of 
 31.10  laboratory or medical personnel reports, records, documents, 
 31.11  licenses, and certificates are admissible as substantive 
 31.12  evidence. 
 31.13     (e) The court shall order that the revocation or 
 31.14  disqualification be either rescinded or sustained and forward 
 31.15  the order to the commissioner.  The court shall file its order 
 31.16  within 14 days following the hearing.  If the revocation or 
 31.17  disqualification is sustained, the court shall also forward the 
 31.18  person's driver's license or permit to the commissioner for 
 31.19  further action by the commissioner if the license or permit is 
 31.20  not already in the commissioner's possession. 
 31.21     (f) Any party aggrieved by the decision of the reviewing 
 31.22  court may appeal the decision as provided in the rules of 
 31.23  appellate procedure. 
 31.24     (g) The civil hearing under this section shall not give 
 31.25  rise to an estoppel on any issues arising from the same set of 
 31.26  circumstances in any criminal prosecution. 
 31.27     Sec. 3.  Minnesota Statutes 2002, section 169A.63, 
 31.28  subdivision 8, is amended to read: 
 31.29     Subd. 8.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
 31.30  motor vehicle used to commit a designated offense or used in 
 31.31  conduct resulting in a designated license revocation is subject 
 31.32  to administrative forfeiture under this subdivision. 
 31.33     (b) When a motor vehicle is seized under subdivision 2, the 
 31.34  appropriate agency shall serve the driver or operator of the 
 31.35  vehicle with a notice of the seizure and intent to forfeit the 
 31.36  vehicle.  Additionally, when a motor vehicle is seized under 
 32.1   subdivision 2, or within a reasonable time after that, all 
 32.2   persons known to have an ownership, possessory, or security 
 32.3   interest in the vehicle must be notified of the seizure and the 
 32.4   intent to forfeit the vehicle.  For those vehicles required to 
 32.5   be registered under chapter 168, the notification to a person 
 32.6   known to have a security interest in the vehicle is required 
 32.7   only if the vehicle is registered under chapter 168 and the 
 32.8   interest is listed on the vehicle's title.  Notice mailed by 
 32.9   certified mail to the address shown in department of public 
 32.10  safety records is sufficient notice to the registered owner of 
 32.11  the vehicle.  For motor vehicles not required to be registered 
 32.12  under chapter 168, notice mailed by certified mail to the 
 32.13  address shown in the applicable filing or registration for the 
 32.14  vehicle is sufficient notice to a person known to have an 
 32.15  ownership, possessory, or security interest in the vehicle. 
 32.16  Otherwise, notice may be given in the manner provided by law for 
 32.17  service of a summons in a civil action. 
 32.18     (c) The notice must be in writing and contain: 
 32.19     (1) a description of the vehicle seized; 
 32.20     (2) the date of seizure; and 
 32.21     (3) notice of the right to obtain judicial review of the 
 32.22  forfeiture and of the procedure for obtaining that judicial 
 32.23  review, printed in English, Hmong, and Spanish.  Substantially 
 32.24  the following language must appear conspicuously:  "IF YOU DO 
 32.25  NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 32.26  STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 
 32.27  A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 32.28  RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 32.29  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 32.30  UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS 
 32.31  WORTH $7,500 $2,000 OR LESS, YOU MAY FILE YOUR CLAIM IN 
 32.32  CONCILIATION COURT.  YOU DO NOT HAVE TO PAY THE CONCILIATION 
 32.33  COURT FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500." 
 32.34     (d) Within 30 days following service of a notice of seizure 
 32.35  and forfeiture under this subdivision, a claimant may file a 
 32.36  demand for a judicial determination of the forfeiture.  The 
 33.1   demand must be in the form of a civil complaint and must be 
 33.2   filed with the court administrator in the county in which the 
 33.3   seizure occurred, together with proof of service of a copy of 
 33.4   the complaint on the prosecuting authority having jurisdiction 
 33.5   over the forfeiture, and the standard filing fee for civil 
 33.6   actions unless the petitioner has the right to sue in forma 
 33.7   pauperis under section 563.01.  If the value of the seized 
 33.8   property is $7,500 $2,000 or less, the claimant may file an 
 33.9   action in conciliation court for recovery of the seized 
 33.10  vehicle.  If the value of the seized property is less than $500, 
 33.11  the claimant does not have to pay the conciliation court filing 
 33.12  fee.  No responsive pleading is required of the prosecuting 
 33.13  authority and no court fees may be charged for the prosecuting 
 33.14  authority's appearance in the matter.  Except as provided in 
 33.15  this section, judicial reviews and hearings are governed by 
 33.16  section 169A.53, subdivisions 2 and 3, and, at the option of the 
 33.17  prosecuting authority, may take place at the same time as any 
 33.18  judicial review of the person's license revocation under section 
 33.19  169A.53.  If the judicial review and hearing under this section 
 33.20  do not take place at the same time as the judicial review of the 
 33.21  person's license revocation under section 169A.53, the review 
 33.22  and hearing must take place at the earliest practicable date.  
 33.23  The proceedings may be combined with any hearing on a petition 
 33.24  filed under section 169A.53, subdivision 2, and are governed by 
 33.25  the Rules of Civil Procedure. 
 33.26     (e) The complaint must be captioned in the name of the 
 33.27  claimant as plaintiff and the seized vehicle as defendant, and 
 33.28  must state with specificity the grounds on which the claimant 
 33.29  alleges the vehicle was improperly seized and the plaintiff's 
 33.30  interest in the vehicle seized.  Notwithstanding any law to the 
 33.31  contrary, an action for the return of a vehicle seized under 
 33.32  this section may not be maintained by or on behalf of any person 
 33.33  who has been served with a notice of seizure and forfeiture 
 33.34  unless the person has complied with this subdivision. 
 33.35     (f) If the claimant makes a timely demand for a judicial 
 33.36  determination under this subdivision, the appropriate agency 
 34.1   must conduct the forfeiture under subdivision 9. 
 34.2      (g) If a demand for judicial determination of an 
 34.3   administrative forfeiture is filed under this subdivision and 
 34.4   the court orders the return of the seized vehicle, the court 
 34.5   shall order that filing fees be reimbursed to the person who 
 34.6   filed the demand.  In addition, the court may order sanctions 
 34.7   under section 549.211 (sanctions in civil actions). 
 34.8      Sec. 4.  Minnesota Statutes 2002, section 296A.24, 
 34.9   subdivision 2, is amended to read: 
 34.10     Subd. 2.  [FORFEITURE.] (a) Within ten days after the 
 34.11  seizure, the person making the seizure shall serve by certified 
 34.12  mail an inventory of the vehicle or property seized on the 
 34.13  person from whom the seizure was made, if known, and on any 
 34.14  person known or believed to have any right, title, interest, or 
 34.15  lien on the vehicle or property, at the last known address, and 
 34.16  file a copy with the commissioner.  The notice must include an 
 34.17  explanation of the right to demand a judicial forfeiture 
 34.18  determination. 
 34.19     (b) Within 60 days after the date of service of the 
 34.20  inventory, which is the date of mailing, the person from whom 
 34.21  the vehicle or property was seized or any person claiming an 
 34.22  interest in it may file a demand for a judicial determination of 
 34.23  whether the vehicle or property was lawfully subject to seizure 
 34.24  and forfeiture.  The demand must be in the form of a civil 
 34.25  complaint and must be filed with the court administrator in the 
 34.26  county in which the seizure occurred, together with proof of 
 34.27  service of a copy of the complaint on the commissioner of 
 34.28  revenue, and the standard filing fee for civil actions unless 
 34.29  the petitioner has the right to sue in forma pauperis under 
 34.30  section 563.01.  If the value of the seized property or vehicle 
 34.31  is $7,500 $2,000 or less, the claimant may file an action in 
 34.32  conciliation court for its recovery.  If the value of the seized 
 34.33  property or vehicle is less than $500, the claimant does not 
 34.34  have to pay the conciliation court filing fee. 
 34.35     (c) The complaint must be captioned in the name of the 
 34.36  claimant as plaintiff and the seized property or vehicle as 
 35.1   defendant, and must state with specificity the grounds on which 
 35.2   the claimant alleges the property or vehicle was improperly 
 35.3   seized and the plaintiff's interest in the property or vehicle 
 35.4   seized.  No responsive pleading is required of the commissioner 
 35.5   and no court fees may be charged for the commissioner's 
 35.6   appearance in the matter.  The proceedings are governed by the 
 35.7   Rules of Civil Procedure.  Notwithstanding any law to the 
 35.8   contrary, an action for the return of property or a vehicle 
 35.9   seized under this section may not be maintained by or on behalf 
 35.10  of any person who has been served with an inventory unless the 
 35.11  person has complied with this subdivision.  The court shall hear 
 35.12  the action without a jury and shall try and determine the issues 
 35.13  of fact and law involved. 
 35.14     (d) When a judgment of forfeiture is entered, the 
 35.15  commissioner may, unless the judgment is stayed pending an 
 35.16  appeal, either: 
 35.17     (1) cause the forfeited gasoline or special fuel to be 
 35.18  destroyed; or 
 35.19     (2) cause the forfeited property in clause (1) or vehicle 
 35.20  to be sold at public auction as provided by law.  After 
 35.21  deducting the expense of keeping the property and vehicle and 
 35.22  the costs of the sale, the commissioner shall pay from the funds 
 35.23  collected all liens according to their priority, which are 
 35.24  established as being bona fide and as existing without the 
 35.25  lienor having any notice or knowledge that the property or 
 35.26  vehicle was being used or was intended to be used for or in 
 35.27  connection with any violation, and shall pay the balance of the 
 35.28  proceeds into the general fund.  
 35.29     (e) If no demand for judicial determination is made, the 
 35.30  property or vehicle seized must be considered forfeited to the 
 35.31  state by operation of law and may be disposed of by the 
 35.32  commissioner as provided where there has been a judgment of 
 35.33  forfeiture.  
 35.34     Sec. 5.  Minnesota Statutes 2002, section 297A.91, 
 35.35  subdivision 2, is amended to read: 
 35.36     Subd. 2.  [COURT REVIEW OF FORFEITURE.] (a) Within 60 days 
 36.1   after the date of service of the inventory, which is the date of 
 36.2   mailing, the person from whom the vehicle and property were 
 36.3   seized or any person claiming an interest in the vehicle or 
 36.4   property may file a demand for a judicial determination of the 
 36.5   question of whether the vehicle or property was lawfully subject 
 36.6   to seizure and forfeiture.  
 36.7      (b) The demand must be in the form of a civil complaint and 
 36.8   must be filed with the court administrator in the county in 
 36.9   which the seizure occurred, together with proof of service or a 
 36.10  copy of the complaint on the commissioner of revenue, and the 
 36.11  standard filing fee for civil actions unless the petitioner has 
 36.12  the right to sue in forma pauperis under section 563.01.  If the 
 36.13  value of the seized property or vehicle is $7,500 $2,000 or 
 36.14  less, the claimant may file an action in conciliation court for 
 36.15  its recovery.  If the value of the seized property or vehicle is 
 36.16  less than $500, the claimant does not have to pay the 
 36.17  conciliation court filing fee.  
 36.18     (c) The complaint must be captioned in the name of the 
 36.19  claimant as plaintiff and the seized property or vehicle as 
 36.20  defendant, and must state with specificity the grounds on which 
 36.21  the claimant alleges the property or vehicle was improperly 
 36.22  seized and the plaintiff's interest in the property or vehicle 
 36.23  seized.  No responsive pleading is required of the commissioner, 
 36.24  and no court fees may be charged for the commissioner's 
 36.25  appearance in the matter.  The proceedings are governed by the 
 36.26  Rules of Civil Procedure.  Notwithstanding any law to the 
 36.27  contrary, an action for the return of property or a vehicle 
 36.28  seized under this subdivision may not be maintained by or on 
 36.29  behalf of any person who has been served with an inventory 
 36.30  unless the person has complied with this subdivision.  The court 
 36.31  shall hear the action without a jury and shall determine the 
 36.32  issues of fact and law involved.  If a judgment of forfeiture is 
 36.33  entered and is not stayed pending an appeal, the commissioner 
 36.34  may have the forfeited vehicle and property sold at public 
 36.35  auction as provided by law.  
 36.36     Sec. 6.  Minnesota Statutes 2002, section 297E.16, 
 37.1   subdivision 2, is amended to read: 
 37.2      Subd. 2.  [INVENTORY; JUDICIAL DETERMINATION; APPEAL; 
 37.3   DISPOSITION OF SEIZED PROPERTY.] (a) Within ten days after the 
 37.4   seizure of alleged contraband described in section 349.2125, 
 37.5   subdivision 1, the person making the seizure shall serve by 
 37.6   certified mail an inventory of the property seized on the person 
 37.7   from whom the property was seized, if known, and on any person 
 37.8   known or believed to have any right, title, interest, or lien in 
 37.9   the property, at the last known address, and file a copy with 
 37.10  the commissioner or the director of alcohol and gambling 
 37.11  enforcement.  The notice must include an explanation of the 
 37.12  right to demand a judicial forfeiture determination. 
 37.13     (b) Within 60 days after the date of service of the 
 37.14  inventory, which is the date of mailing, the person from whom 
 37.15  the property was seized or any person claiming an interest in 
 37.16  the property may file a demand for judicial determination of 
 37.17  whether the property was lawfully subject to seizure and 
 37.18  forfeiture.  The demand must be in the form of a civil complaint 
 37.19  and must be filed with the court administrator in the county in 
 37.20  which the seizure occurred, together with proof of service of a 
 37.21  copy of the complaint on the commissioner of revenue or the 
 37.22  director of alcohol and gambling enforcement, and the standard 
 37.23  filing fee for civil actions unless the petitioner has the right 
 37.24  to sue in forma pauperis under section 563.01.  If the value of 
 37.25  the seized property is $7,500 $2,000 or less, the claimant may 
 37.26  file an action in conciliation court for recovery of the 
 37.27  property.  If the value of the seized property is less than 
 37.28  $500, the claimant does not have to pay the conciliation court 
 37.29  filing fee.  
 37.30     (c) The complaint must be captioned in the name of the 
 37.31  claimant as plaintiff and the seized property as defendant, and 
 37.32  must state with specificity the grounds on which the claimant 
 37.33  alleges the property was improperly seized and the plaintiff's 
 37.34  interest in the property seized.  No responsive pleading is 
 37.35  required of the commissioner or director, and no court fees may 
 37.36  be charged for the commissioner's or director's appearance in 
 38.1   the matter.  The proceedings are governed by the Rules of Civil 
 38.2   Procedure.  Notwithstanding any law to the contrary, an action 
 38.3   for the return of property seized under this section may not be 
 38.4   maintained by or on behalf of any person who has been served 
 38.5   with an inventory unless the person has complied with this 
 38.6   subdivision.  The court shall hear the action without a jury and 
 38.7   determine the issues of fact and law involved.  
 38.8      (d) If a judgment of forfeiture is entered, the seizing 
 38.9   authority may, unless the judgment is stayed pending an appeal, 
 38.10  either (1) cause the forfeited property, other than a vehicle, 
 38.11  to be destroyed; or (2) cause it to be sold at a public auction 
 38.12  as provided by law.  The person making a sale, after deducting 
 38.13  the expense of keeping the property, the fee for seizure, and 
 38.14  the costs of the sale, shall pay all liens according to their 
 38.15  priority, which are established as being bona fide and as 
 38.16  existing without the lienor having any notice or knowledge that 
 38.17  the property was being used or was intended to be used for or in 
 38.18  connection with the violation.  The balance of the proceeds must 
 38.19  be paid 70 percent to the seizing authority for deposit as a 
 38.20  supplement to its operating fund or similar fund for official 
 38.21  use, and 20 percent to the county attorney or other prosecuting 
 38.22  agency that handled the court proceeding, if there is one, for 
 38.23  deposit as a supplement to its operating fund or similar fund 
 38.24  for prosecutorial purposes.  The remaining ten percent of the 
 38.25  proceeds must be forwarded within 60 days after resolution of 
 38.26  the forfeiture to the department of human services to fund 
 38.27  programs for the treatment of compulsive gamblers.  If there is 
 38.28  no prosecuting authority involved in the forfeiture, the 20 
 38.29  percent of the proceeds otherwise designated for the prosecuting 
 38.30  authority must be deposited into the general fund.  
 38.31     (e) If no demand for judicial determination is made, the 
 38.32  property seized is considered forfeited to the seizing authority 
 38.33  by operation of law and may be disposed of by the seizing 
 38.34  authority as provided where there has been a judgment of 
 38.35  forfeiture.  
 38.36     Sec. 7.  Minnesota Statutes 2002, section 297F.21, 
 39.1   subdivision 3, is amended to read: 
 39.2      Subd. 3.  [INVENTORY; JUDICIAL DETERMINATION; APPEAL; 
 39.3   DISPOSITION OF SEIZED PROPERTY.] (a) Within ten days after the 
 39.4   seizure of any alleged contraband, the person making the seizure 
 39.5   shall serve by certified mail an inventory of the property 
 39.6   seized on the person from whom the seizure was made, if known, 
 39.7   and on any person known or believed to have any right, title, 
 39.8   interest, or lien in the property, at the last known address, 
 39.9   and file a copy with the commissioner.  The notice must include 
 39.10  an explanation of the right to demand a judicial forfeiture 
 39.11  determination. 
 39.12     (b) Within 60 days after the date of service of the 
 39.13  inventory, which is the date of mailing, the person from whom 
 39.14  the property was seized or any person claiming an interest in 
 39.15  the property may file a demand for a judicial determination of 
 39.16  the question as to whether the property was lawfully subject to 
 39.17  seizure and forfeiture.  The demand must be in the form of a 
 39.18  civil complaint and must be filed with the court administrator 
 39.19  in the county in which the seizure occurred, together with proof 
 39.20  of service of a copy of the complaint on the commissioner of 
 39.21  revenue, and the standard filing fee for civil actions unless 
 39.22  the petitioner has the right to sue in forma pauperis under 
 39.23  section 563.01.  If the value of the seized property is 
 39.24  $7,500 $2,000 or less, the claimant may file an action in 
 39.25  conciliation court for recovery of the property.  If the value 
 39.26  of the seized property is less than $500, the claimant does not 
 39.27  have to pay the conciliation court filing fee. 
 39.28     (c) The complaint must be captioned in the name of the 
 39.29  claimant as plaintiff and the seized property as defendant, and 
 39.30  must state with specificity the grounds on which the claimant 
 39.31  alleges the property was improperly seized and the plaintiff's 
 39.32  interest in the property seized.  No responsive pleading is 
 39.33  required of the commissioner, and no court fees may be charged 
 39.34  for the commissioner's appearance in the matter.  The 
 39.35  proceedings are governed by the Rules of Civil Procedure.  
 39.36  Notwithstanding any law to the contrary, an action for the 
 40.1   return of property seized under this section may not be 
 40.2   maintained by or on behalf of any person who has been served 
 40.3   with an inventory unless the person has complied with this 
 40.4   subdivision.  The court shall decide whether the alleged 
 40.5   contraband is contraband, as defined in subdivision 1.  The 
 40.6   court shall hear the action without a jury and shall try and 
 40.7   determine the issues of fact and law involved.  
 40.8      (d) When a judgment of forfeiture is entered, the 
 40.9   commissioner may, unless the judgment is stayed pending an 
 40.10  appeal, either: 
 40.11     (1) deliver the forfeited cigarette packages or tobacco 
 40.12  products to the commissioner of human services for use by 
 40.13  patients in state institutions; 
 40.14     (2) cause the property in clause (1) to be destroyed; or 
 40.15     (3) cause the forfeited property to be sold at public 
 40.16  auction as provided by law.  
 40.17  The person making a sale, after deducting the expense of keeping 
 40.18  the property, the fee for seizure, and the costs of the sale, 
 40.19  shall pay all liens according to their priority, which are 
 40.20  established as being bona fide and as existing without the 
 40.21  lienor having any notice or knowledge that the property was 
 40.22  being used or was intended to be used for or in connection with 
 40.23  the violation.  The balance of the proceeds must be paid 75 
 40.24  percent to the department of revenue for deposit as a supplement 
 40.25  to its operating fund or similar fund for official use, and 25 
 40.26  percent to the county attorney or other prosecuting agency that 
 40.27  handled the court proceeding, if there is one, for deposit as a 
 40.28  supplement to its operating fund or similar fund for 
 40.29  prosecutorial purposes.  If there is no prosecuting authority 
 40.30  involved in the forfeiture, the 25 percent of the proceeds 
 40.31  otherwise designated for the prosecuting authority must be 
 40.32  deposited into the general fund.  
 40.33     (e) If no demand for judicial determination is made, the 
 40.34  property seized is considered forfeited to the state by 
 40.35  operation of law and may be disposed of by the commissioner as 
 40.36  provided in the case of a judgment of forfeiture. 
 41.1      Sec. 8.  Minnesota Statutes 2002, section 297G.20, 
 41.2   subdivision 4, is amended to read: 
 41.3      Subd. 4.  [INVENTORY; JUDICIAL DETERMINATION; APPEAL; 
 41.4   DISPOSITION OF SEIZED PROPERTY.] (a) Within ten days after the 
 41.5   seizure of alleged contraband, the person making the seizure 
 41.6   shall serve by certified mail an inventory of the property 
 41.7   seized on the person from whom the property was seized, if 
 41.8   known, and on any person known or believed to have any right, 
 41.9   title, interest, or lien in the property, at the last known 
 41.10  address, and file a copy with both the commissioners of revenue 
 41.11  and public safety.  The notice must include an explanation of 
 41.12  the right to demand a judicial forfeiture determination. 
 41.13     (b) Within 60 days after the date of service of the 
 41.14  inventory, which is the date of mailing, the person from whom 
 41.15  the property was seized or any person claiming an interest in 
 41.16  the property may file a demand for judicial determination of 
 41.17  whether the property was lawfully subject to seizure and 
 41.18  forfeiture.  The demand must be in the form of a civil complaint 
 41.19  and must be filed with the court administrator in the county in 
 41.20  which the seizure occurred, together with proof of service of a 
 41.21  copy of the complaint on the commissioner of revenue or public 
 41.22  safety, and the standard filing fee for civil actions unless the 
 41.23  petitioner has the right to sue in forma pauperis under section 
 41.24  563.01.  If the value of the seized property or vehicle is 
 41.25  $7,500 $2,000 or less, the claimant may file an action in 
 41.26  conciliation court for recovery of the property.  If the value 
 41.27  of the seized property is less than $500, the claimant does not 
 41.28  have to pay the conciliation court filing fee.  
 41.29     (c) The complaint must be captioned in the name of the 
 41.30  claimant as plaintiff and the seized property as defendant, and 
 41.31  must state with specificity the grounds on which the claimant 
 41.32  alleges the property was improperly seized and the plaintiff's 
 41.33  interest in the property seized.  No responsive pleading is 
 41.34  required of the commissioner of revenue or public safety and no 
 41.35  court fees may be charged for either commissioner's appearance 
 41.36  in the matter.  The proceedings are governed by the Rules of 
 42.1   Civil Procedure.  Notwithstanding any law to the contrary, an 
 42.2   action for the return of property seized under this section may 
 42.3   not be maintained by or on behalf of any person who has been 
 42.4   served with an inventory unless the person has complied with 
 42.5   this subdivision.  The court shall hear the action without a 
 42.6   jury and determine the issues of fact and law involved. 
 42.7      (d) If a judgment of forfeiture is entered, the seizing 
 42.8   authority may, unless the judgment is stayed pending an appeal, 
 42.9   either: 
 42.10     (1) cause the forfeited property, other than a vehicle, to 
 42.11  be destroyed; or 
 42.12     (2) cause it to be sold at a public auction as provided by 
 42.13  law.  
 42.14     The person making a sale, after deducting the expense of 
 42.15  keeping the property, the fee for seizure, and the costs of the 
 42.16  sale, shall pay all liens according to their priority, which are 
 42.17  established as being bona fide and as existing without the 
 42.18  lienor having any notice or knowledge that the property was 
 42.19  being used or was intended to be used for or in connection with 
 42.20  the violation.  The balance of the proceeds must be paid 75 
 42.21  percent to the seizing authority for deposit as a supplement to 
 42.22  its operating fund or similar fund for official use, and 25 
 42.23  percent to the county attorney or other prosecuting agency that 
 42.24  handled the court proceeding, if there is one, for deposit as a 
 42.25  supplement to its operating fund or similar fund for 
 42.26  prosecutorial purposes.  If there is no prosecuting authority 
 42.27  involved in the forfeiture, the 25 percent of the proceeds 
 42.28  otherwise designated for the prosecuting authority must be 
 42.29  deposited into the general fund.  
 42.30     (e) If no demand is made, the property seized is considered 
 42.31  forfeited to the seizing authority by operation of law and may 
 42.32  be disposed of by the seizing authority as provided for a 
 42.33  judgment of forfeiture.  
 42.34     Sec. 9.  Minnesota Statutes 2002, section 357.022, is 
 42.35  amended to read: 
 42.36     357.022 [CONCILIATION COURT FEE.] 
 43.1      The court administrator in every county shall charge and 
 43.2   collect a filing fee of $25 where the amount demanded is less 
 43.3   than $2,000 and $35 where the amount demanded is $2,000 or more 
 43.4   from every plaintiff and from every defendant when the first 
 43.5   paper for that party is filed in any conciliation court action.  
 43.6   This section does not apply to conciliation court actions filed 
 43.7   by the state.  The court administrator shall transmit the fees 
 43.8   monthly to the state treasurer for deposit in the state treasury 
 43.9   and credit to the general fund. 
 43.10     Sec. 10.  Minnesota Statutes 2002, section 491A.01, 
 43.11  subdivision 3, is amended to read: 
 43.12     Subd. 3.  [JURISDICTION; GENERAL.] (a) Except as provided 
 43.13  in subdivisions 4 and 5, the conciliation court has jurisdiction 
 43.14  to hear, conciliate, try, and determine civil claims if the 
 43.15  amount of money or property that is the subject matter of the 
 43.16  claim does not exceed $6,000 or, on and after July 1, 1994, 
 43.17  $7,500, or $4,000 if the claim involves a consumer credit 
 43.18  transaction.  "Consumer credit transaction" means a sale of 
 43.19  personal property, or a loan arranged to facilitate the purchase 
 43.20  of personal property, in which: 
 43.21     (1) credit is granted by a seller or a lender who regularly 
 43.22  engages as a seller or lender in credit transactions of the same 
 43.23  kind; 
 43.24     (2) the buyer is a natural person; 
 43.25     (3) the claimant is the seller or lender in the 
 43.26  transaction; and 
 43.27     (4) the personal property is purchased primarily for a 
 43.28  personal, family, or household purpose and not for a commercial, 
 43.29  agricultural, or business purpose $2,000. 
 43.30     (b) Except as otherwise provided in this subdivision and 
 43.31  subdivisions 5 to 10, the territorial jurisdiction of 
 43.32  conciliation court is coextensive with the county in which the 
 43.33  court is established.  The summons in a conciliation court 
 43.34  action under subdivisions 6 to 10 may be served anywhere in the 
 43.35  state, and the summons in a conciliation court action under 
 43.36  subdivision 7, paragraph (b), may be served outside the state in 
 44.1   the manner provided by law.  The court administrator shall serve 
 44.2   the summons in a conciliation court action by first class mail, 
 44.3   except that if the amount of money or property that is the 
 44.4   subject of the claim exceeds $2,500, the summons must be served 
 44.5   by the plaintiff by certified mail, and service on nonresident 
 44.6   defendants must be made in accordance with applicable law or 
 44.7   rule.  Subpoenas to secure the attendance of nonparty witnesses 
 44.8   and the production of documents at trial may be served anywhere 
 44.9   within the state in the manner provided by law. 
 44.10     When a court administrator is required to summon the 
 44.11  defendant by certified mail under this paragraph, the summons 
 44.12  may be made by personal service in the manner provided in the 
 44.13  rules of civil procedure for personal service of a summons of 
 44.14  the district court as an alternative to service by certified 
 44.15  mail. 
 44.16     (c) The decision in a conciliation court action shall be 
 44.17  final.  There is no right to appeal the decision of a 
 44.18  conciliation court decision. 
 44.19     Sec. 11.  Minnesota Statutes 2002, section 609.5314, 
 44.20  subdivision 2, is amended to read: 
 44.21     Subd. 2.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) 
 44.22  Forfeiture of property described in subdivision 1 is governed by 
 44.23  this subdivision.  When seizure occurs, or within a reasonable 
 44.24  time after that, all persons known to have an ownership, 
 44.25  possessory, or security interest in seized property must be 
 44.26  notified of the seizure and the intent to forfeit the property.  
 44.27  In the case of a motor vehicle required to be registered under 
 44.28  chapter 168, notice mailed by certified mail to the address 
 44.29  shown in department of public safety records is deemed 
 44.30  sufficient notice to the registered owner.  The notification to 
 44.31  a person known to have a security interest in seized property 
 44.32  required under this paragraph applies only to motor vehicles 
 44.33  required to be registered under chapter 168 and only if the 
 44.34  security interest is listed on the vehicle's title. 
 44.35     (b) Notice may otherwise be given in the manner provided by 
 44.36  law for service of a summons in a civil action.  The notice must 
 45.1   be in writing and contain: 
 45.2      (1) a description of the property seized; 
 45.3      (2) the date of seizure; 
 45.4      (3) notice of the right to obtain judicial review of the 
 45.5   forfeiture and of the procedure for obtaining that judicial 
 45.6   review, printed in English, Hmong, and Spanish.  Substantially 
 45.7   the following language must appear conspicuously:  "IF YOU DO 
 45.8   NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 45.9   STATUTES, SECTION 609.5314, SUBDIVISION 3, YOU LOSE THE RIGHT TO 
 45.10  A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 45.11  RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 45.12  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 45.13  UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS 
 45.14  WORTH $7,500 $2,000 OR LESS, YOU MAY FILE YOUR CLAIM IN 
 45.15  CONCILIATION COURT.  YOU DO NOT HAVE TO PAY THE CONCILIATION 
 45.16  COURT FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500."  
 45.17     Sec. 12.  Minnesota Statutes 2002, section 609.748, 
 45.18  subdivision 1, is amended to read: 
 45.19     Subdivision 1.  [DEFINITION.] For the purposes of this 
 45.20  section, the following terms have the meanings given them in 
 45.21  this subdivision. 
 45.22     (a) "Harassment" includes: 
 45.23     (1) a single incident of physical or sexual assault or 
 45.24  repeated incidents of intrusive or unwanted acts, words, or 
 45.25  gestures that have a substantial adverse effect or are intended 
 45.26  to have a substantial adverse effect on the safety, security, or 
 45.27  privacy of another, regardless of the relationship between the 
 45.28  actor and the intended target would cause the person to whom the 
 45.29  acts, words, or gestures are directed, under the circumstances, 
 45.30  to feel frightened, threatened, oppressed, persecuted, or 
 45.31  intimidated; and 
 45.32     (2) targeted residential picketing; and 
 45.33     (3) a pattern of attending public events after being 
 45.34  notified that the actor's presence at the event is harassing to 
 45.35  another. 
 45.36     (b) "Respondent" includes any adults or juveniles alleged 
 46.1   to have engaged in harassment or organizations alleged to have 
 46.2   sponsored or promoted harassment. 
 46.3      (c) "Targeted residential picketing" includes the following 
 46.4   acts when committed on more than one occasion: 
 46.5      (1) marching, standing, or patrolling by one or more 
 46.6   persons directed solely at a particular residential building in 
 46.7   a manner that adversely affects the safety, security, or privacy 
 46.8   of an occupant of the building; or 
 46.9      (2) marching, standing, or patrolling by one or more 
 46.10  persons which prevents an occupant of a residential building 
 46.11  from gaining access to or exiting from the property on which the 
 46.12  residential building is located. 
 46.13     Sec. 13.  Minnesota Statutes 2002, section 609.748, 
 46.14  subdivision 3, is amended to read: 
 46.15     Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
 46.16  petition for relief must allege facts sufficient to show the 
 46.17  following:  
 46.18     (1) the name of the alleged harassment victim; 
 46.19     (2) the name of the respondent; and 
 46.20     (3) that the respondent has engaged in harassment. 
 46.21  The petition shall be accompanied by an affidavit made under 
 46.22  oath stating the specific facts and circumstances from which 
 46.23  relief is sought.  The court shall provide simplified forms 
 46.24  and may provide clerical assistance to help with the writing and 
 46.25  filing of a petition under this section and shall advise the 
 46.26  petitioner of the right to sue in forma pauperis under section 
 46.27  563.01.  The court shall advise the petitioner of the right to 
 46.28  request a hearing.  If the petitioner does not request a 
 46.29  hearing, the court shall advise the petitioner that the 
 46.30  respondent may request a hearing and that notice of the hearing 
 46.31  date and time will be provided to the petitioner by mail at 
 46.32  least five days before the hearing.  Upon receipt of the 
 46.33  petition and a request for a hearing by the petitioner, the 
 46.34  court shall order a hearing, which must be held not later than 
 46.35  14 days from the date of the order.  Personal service must be 
 46.36  made upon the respondent not less than five days before the 
 47.1   hearing.  If personal service cannot be completed in time to 
 47.2   give the respondent the minimum notice required under this 
 47.3   paragraph, the court may set a new hearing date.  Nothing in 
 47.4   this section shall be construed as requiring a hearing on a 
 47.5   matter that has no merit.  
 47.6      (b) Notwithstanding paragraph (a), the order for a hearing 
 47.7   and a temporary order issued under subdivision 4 may be served 
 47.8   on the respondent by means of a one-week published notice under 
 47.9   section 645.11, if: 
 47.10     (1) the petitioner files an affidavit with the court 
 47.11  stating that an attempt at personal service made by a sheriff 
 47.12  was unsuccessful because the respondent is avoiding service by 
 47.13  concealment or otherwise; and 
 47.14     (2) a copy of the petition and order for hearing and any 
 47.15  temporary restraining order has been mailed to the respondent at 
 47.16  the respondent's residence or place of business, if the 
 47.17  respondent is an organization, or the respondent's residence or 
 47.18  place of business is not known to the petitioner. 
 47.19     (c) Regardless of the method of service, if the respondent 
 47.20  is a juvenile, whenever possible, the court also shall have 
 47.21  notice of the pendency of the case and of the time and place of 
 47.22  the hearing served by mail at the last known address upon any 
 47.23  parent or guardian of the juvenile respondent who is not the 
 47.24  petitioner. 
 47.25     Sec. 14.  Minnesota Statutes 2002, section 609.748, 
 47.26  subdivision 3a, is amended to read: 
 47.27     Subd. 3a.  [FILING FEE; COST OF SERVICE.] The filing fees 
 47.28  for a restraining order under this section are waived for the 
 47.29  petitioner if the petition alleges acts that would constitute a 
 47.30  violation of is the same as for a civil action pursuant to 
 47.31  section 609.749 357.021, subdivision 2 or 3.  The court 
 47.32  administrator and the sheriff of any county in this state shall 
 47.33  perform their duties relating to service of process without 
 47.34  charge to the petitioner.  The court shall direct payment of the 
 47.35  reasonable costs of service of process if served by a private 
 47.36  process server when the sheriff is unavailable or if service is 
 48.1   made by publication.  The court may direct a respondent to pay 
 48.2   to the court administrator the petitioner's filing fees and 
 48.3   reasonable costs of service of process if the court determines 
 48.4   that the respondent has the ability to pay the petitioner's fees 
 48.5   and costs. 
 48.6      Sec. 15.  Minnesota Statutes 2002, section 609.748, 
 48.7   subdivision 4, is amended to read: 
 48.8      Subd. 4.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
 48.9   issue a temporary restraining order ordering the respondent to 
 48.10  cease or avoid the harassment of another person or to have no 
 48.11  contact with that person if the petitioner files a petition in 
 48.12  compliance with subdivision 3 and if the court finds reasonable 
 48.13  grounds to believe that the respondent has engaged in 
 48.14  harassment.  When a petition alleges harassment as defined by 
 48.15  subdivision 1, paragraph (a), clause (1), the petition must 
 48.16  further allege an immediate and present danger of harassment 
 48.17  before the court may issue a temporary restraining order under 
 48.18  this section.  
 48.19     (b) Notice need not be given to the respondent before the 
 48.20  court issues a temporary restraining order under this 
 48.21  subdivision.  A copy of the restraining order must be served on 
 48.22  the respondent along with the order for hearing and petition, as 
 48.23  provided in subdivision 3.  If the respondent is a juvenile, 
 48.24  whenever possible, a copy of the restraining order, along with 
 48.25  notice of the pendency of the case and the time and place of the 
 48.26  hearing, shall also be served by mail at the last known address 
 48.27  upon any parent or guardian of the juvenile respondent who is 
 48.28  not the petitioner.  A temporary restraining order may be 
 48.29  entered only against the respondent named in the petition.  
 48.30     (c) The temporary restraining order is in effect until a 
 48.31  hearing is held on the issuance of a restraining order under 
 48.32  subdivision 5.  The court shall hold the hearing on the issuance 
 48.33  of a restraining order within 14 days after the temporary 
 48.34  restraining order is issued unless (1) the time period is 
 48.35  extended upon written consent of the parties; or (2) the time 
 48.36  period is extended if the petitioner requests a hearing.  The 
 49.1   hearing may be continued by the court for one additional 14-day 
 49.2   period upon a showing that the respondent has not been served 
 49.3   with a copy of the temporary restraining order despite the 
 49.4   exercise of due diligence or if service is made by published 
 49.5   notice under subdivision 3 and the petitioner files the 
 49.6   affidavit required under that subdivision. 
 49.7      (d) If the temporary restraining order has been issued and 
 49.8   the respondent requests a hearing, the hearing shall be 
 49.9   scheduled by the court upon receipt of the respondent's 
 49.10  request.  Service of the notice of hearing must be made upon the 
 49.11  petitioner not less than five days prior to the hearing.  The 
 49.12  court shall serve the notice of the hearing upon the petitioner 
 49.13  by mail in the manner provided in the rules of civil procedure 
 49.14  for pleadings subsequent to a complaint and motions and shall 
 49.15  also mail notice of the date and time of the hearing to the 
 49.16  respondent.  In the event that service cannot be completed in 
 49.17  time to give the respondent or petitioner the minimum notice 
 49.18  required under this subdivision, the court may set a new hearing 
 49.19  date. 
 49.20     Sec. 16.  Minnesota Statutes 2002, section 609.748, 
 49.21  subdivision 5, is amended to read: 
 49.22     Subd. 5.  [RESTRAINING ORDER.] (a) The court may grant a 
 49.23  restraining order ordering the respondent to cease or avoid the 
 49.24  harassment of another person or to have no contact with that 
 49.25  person if all of the following occur:  
 49.26     (1) the petitioner has filed a petition under subdivision 
 49.27  3; 
 49.28     (2) the sheriff has served respondent with a copy of the 
 49.29  temporary restraining order obtained under subdivision 4, and 
 49.30  with notice of the time and place of the right to request a 
 49.31  hearing, or service has been made by publication under 
 49.32  subdivision 3, paragraph (b); and 
 49.33     (3) the court finds at the hearing that there are 
 49.34  reasonable grounds to believe that the respondent has engaged in 
 49.35  harassment.  
 49.36  A restraining order may be issued only against the respondent 
 50.1   named in the petition; except that if the respondent is an 
 50.2   organization, the order may be issued against and apply to all 
 50.3   of the members of the organization.  Relief granted by the 
 50.4   restraining order must be for a fixed period of not more than 
 50.5   two years.  When a referee presides at the hearing on the 
 50.6   petition, the restraining order becomes effective upon the 
 50.7   referee's signature. 
 50.8      (b) An order issued under this subdivision must be 
 50.9   personally served upon the respondent. 
 50.10     Sec. 17.  [REPEALER.] 
 50.11     Minnesota Statutes 2002, section 16D.14, subdivision 3, is 
 50.12  repealed. 
 50.13                             ARTICLE 5 
 50.14                      JUVENILE-RELATED CHANGES 
 50.15     Section 1.  Minnesota Statutes 2002, section 260B.105, 
 50.16  subdivision 1, is amended to read: 
 50.17     Subdivision 1.  [VENUE.] Except where otherwise provided, 
 50.18  venue for any proceedings under section 260B.101 shall be in the 
 50.19  county where the child is found, or the county of the child's 
 50.20  residence.  If delinquency, a juvenile petty offense, or a 
 50.21  juvenile traffic offense is alleged, proceedings shall be 
 50.22  brought in the county of residence or the county where the 
 50.23  alleged delinquency, juvenile petty offense, or juvenile traffic 
 50.24  offense occurred.  
 50.25     Sec. 2.  Minnesota Statutes 2002, section 260B.105, 
 50.26  subdivision 2, is amended to read: 
 50.27     Subd. 2.  [TRANSFER.] The judge of the juvenile court may 
 50.28  transfer any proceedings brought under section 260B.101, to the 
 50.29  juvenile court of a county having venue as provided in 
 50.30  subdivision 1, at any stage of the proceedings and in the 
 50.31  following manner.  When it appears that the best interests of 
 50.32  the child, society, or the convenience of proceedings will be 
 50.33  served by a transfer, the court may transfer the case to the 
 50.34  juvenile court of the county of the child's residence.  With the 
 50.35  consent of the receiving court, the court may also transfer the 
 50.36  case to the juvenile court of the county where the child is 
 51.1   found or,.  If delinquency, a juvenile petty offense, or a 
 51.2   juvenile traffic offense is alleged, to the county where the 
 51.3   alleged delinquency, juvenile petty offense, or juvenile traffic 
 51.4   offense occurred the court shall first hear the case and then 
 51.5   may transfer the case to the juvenile court of the county of the 
 51.6   child's residence for disposition after a finding or admission 
 51.7   of guilt.  The court transfers the case by ordering a 
 51.8   continuance and by forwarding to the court administrator of the 
 51.9   appropriate juvenile court a certified copy of all papers filed, 
 51.10  together with an order of transfer.  The judge of the receiving 
 51.11  court may accept the findings of the transferring court or may 
 51.12  direct the filing of a new petition or notice under section 
 51.13  260B.007, subdivision 18, or 260B.143 and hear the case anew.  
 51.14     Sec. 3.  Minnesota Statutes 2002, section 260B.143, 
 51.15  subdivision 1, is amended to read: 
 51.16     Subdivision 1.  [NOTICE.] When a peace officer has probable 
 51.17  cause to believe that a child: 
 51.18     (1) is a juvenile petty offender; or 
 51.19     (2) has committed a delinquent act that would be a petty 
 51.20  misdemeanor or misdemeanor if committed by an adult, 
 51.21  the officer may issue a notice to the child to appear in 
 51.22  juvenile court in the county in which the child is found or in 
 51.23  the county of the child's residence or, in the case of a 
 51.24  juvenile petty offense, or a petty misdemeanor or misdemeanor 
 51.25  delinquent act, the county in which the offense was committed is 
 51.26  alleged to have committed the offense.  The officer shall file a 
 51.27  copy of the notice to appear with the juvenile court of the 
 51.28  appropriate county.  If a child fails to appear in response to 
 51.29  the notice, the court may issue a summons notifying the child of 
 51.30  the nature of the offense alleged and the time and place set for 
 51.31  the hearing.  If the peace officer finds it necessary to take 
 51.32  the child into custody, sections 260B.175 and 260B.176 shall 
 51.33  apply. 
 51.34     Sec. 4.  Minnesota Statutes 2002, section 260B.143, is 
 51.35  amended by adding a subdivision to read: 
 51.36     Subd. 5.  [JUVENILE CURFEW AND TRUANCY OFFENDER.] When a 
 52.1   peace officer has probable cause to believe that a child has 
 52.2   violated a law or local ordinance relating to curfew or truancy, 
 52.3   the officer shall issue a citation to the juvenile based on the 
 52.4   uniform fine schedule established pursuant to section 609.101, 
 52.5   subdivision 4. 
 52.6      Sec. 5.  Minnesota Statutes 2002, section 260C.163, 
 52.7   subdivision 5, is amended to read: 
 52.8      Subd. 5.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 52.9   a guardian ad litem to protect the interests of the minor when 
 52.10  it appears, at any stage of the proceedings, that the minor is 
 52.11  without a parent or guardian, or that the minor's parent is a 
 52.12  minor or incompetent, or that the parent or guardian is 
 52.13  indifferent or hostile to the minor's interests, and in every 
 52.14  proceeding alleging a child's need for protection or services 
 52.15  under section 260C.007, subdivision 6, except proceedings where 
 52.16  the sole allegation is that the child is a runaway or habitual 
 52.17  truant.  In any other case the court may appoint a guardian ad 
 52.18  litem to protect the interests of the minor when the court feels 
 52.19  that such an appointment is desirable.  The court shall appoint 
 52.20  the guardian ad litem on its own motion or in the manner 
 52.21  provided for the appointment of a guardian ad litem in the 
 52.22  district court.  The court may appoint separate counsel for the 
 52.23  guardian ad litem if necessary.  
 52.24     (b) A guardian ad litem shall carry out the following 
 52.25  responsibilities: 
 52.26     (1) conduct an independent investigation to determine the 
 52.27  facts relevant to the situation of the child and the family, 
 52.28  which must include, unless specifically excluded by the court, 
 52.29  reviewing relevant documents; meeting with and observing the 
 52.30  child in the home setting and considering the child's wishes, as 
 52.31  appropriate; and interviewing parents, caregivers, and others 
 52.32  with knowledge relevant to the case; 
 52.33     (2) advocate for the child's best interests by 
 52.34  participating in appropriate aspects of the case and advocating 
 52.35  for appropriate community services when necessary; 
 52.36     (3) maintain the confidentiality of information related to 
 53.1   a case, with the exception of sharing information as permitted 
 53.2   by law to promote cooperative solutions that are in the best 
 53.3   interests of the child; 
 53.4      (4) monitor the child's best interests throughout the 
 53.5   judicial proceeding; and 
 53.6      (5) present written reports on the child's best interests 
 53.7   that include conclusions and recommendations and the facts upon 
 53.8   which they are based. 
 53.9      (c) Except in cases where the child is alleged to have been 
 53.10  abused or neglected, the court may waive the appointment of a 
 53.11  guardian ad litem pursuant to clause (a), whenever counsel has 
 53.12  been appointed pursuant to subdivision 2 or is retained 
 53.13  otherwise, and the court is satisfied that the interests of the 
 53.14  minor are protected. 
 53.15     (d) In appointing a guardian ad litem pursuant to clause 
 53.16  (a), the court shall not appoint the party, or any agent or 
 53.17  employee thereof, filing a petition pursuant to section 260C.141.
 53.18     (e) The following factors shall be considered when 
 53.19  appointing a guardian ad litem in a case involving an Indian or 
 53.20  minority child: 
 53.21     (1) whether a person is available who is the same racial or 
 53.22  ethnic heritage as the child or, if that is not possible; 
 53.23     (2) whether a person is available who knows and appreciates 
 53.24  the child's racial or ethnic heritage.