HF 2946

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; authorizing public meetings 
  1.3             to be closed under certain circumstances to discuss 
  1.4             security issues; limiting duration of drivers' 
  1.5             licenses and Minnesota identification cards for 
  1.6             noncitizens with short-term admission authorization; 
  1.7             expanding first-degree murder to include death 
  1.8             resulting from an act of terrorism; imposing a term of 
  1.9             life imprisonment without release; establishing crimes 
  1.10            relating to the use of biological agents, toxic 
  1.11            chemicals, or toxins; modifying and expanding 
  1.12            provisions relating to terroristic threats; increasing 
  1.13            penalties for trespass on a public utility; imposing 
  1.14            criminal penalties; funding training for emergency 
  1.15            personnel and antiterrorism equipment purchases; 
  1.16            appropriating money to the commissioner of public 
  1.17            safety for homeland security; amending Minnesota 
  1.18            Statutes 2000, sections 13D.05, subdivision 3; 171.07, 
  1.19            subdivision 4; 171.27; 299A.62, subdivision 1; 
  1.20            609.106, subdivision 2; 609.185; 609.605, by adding a 
  1.21            subdivision; 609.713, subdivisions 1, 2, by adding a 
  1.22            subdivision; Minnesota Statutes 2001 Supplement, 
  1.23            section 403.11, subdivision 1; proposing coding for 
  1.24            new law in Minnesota Statutes, chapters 299A; 609. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1
  1.27                           APPROPRIATIONS
  1.28     Section 1.  Minnesota Statutes 2000, section 299A.62, 
  1.29  subdivision 1, is amended to read: 
  1.30     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) A 
  1.31  community-oriented policing grant program is established under 
  1.32  the administration of the commissioner of public safety. 
  1.33     (b) Grants may be awarded as provided in subdivision 2 for 
  1.34  the following purposes:  
  1.35     (1) to enable local law enforcement agencies to hire law 
  2.1   enforcement officers.  The grants must be used by law 
  2.2   enforcement agencies to increase the complement of officers in 
  2.3   the agency by paying the salaries of new officers who replace an 
  2.4   existing officer who has been reassigned primarily to 
  2.5   investigate and prevent juvenile crime or to perform 
  2.6   community-oriented policing duties; 
  2.7      (2) to enable local law enforcement agencies to assign 
  2.8   overtime officers to high crime areas within their 
  2.9   jurisdictions; and 
  2.10     (3) to enable local law enforcement agencies to implement 
  2.11  or expand community-oriented policing projects, liaison efforts 
  2.12  with local school districts, and other innovative community 
  2.13  policing initiatives; and 
  2.14     (4) to reimburse local units of government for 
  2.15  extraordinary expenses related to terroristic threats or 
  2.16  incidents, including the purchase or rental of emergency 
  2.17  equipment and the cost of staff overtime. 
  2.18     Sec. 2.  [299A.77] [EMERGENCY PREPAREDNESS TRAINING 
  2.19  GRANTS.] 
  2.20     Subdivision 1.  [ESTABLISHMENT.] The commissioner of public 
  2.21  safety shall award grants to state agencies, local law 
  2.22  enforcement agencies, sheriff's offices, fire departments, 
  2.23  ambulance services, and medical facilities to partially 
  2.24  reimburse the recipients for costs incurred in emergency 
  2.25  preparedness training.  Training exercises eligible for partial 
  2.26  reimbursement include fire, police and emergency medical first 
  2.27  responder training, structural collapse training, urban search 
  2.28  and rescue training, and specialized natural, biological, and 
  2.29  chemical incident training. 
  2.30     Subd. 2.  [LOCAL MATCH.] Eligible local units of government 
  2.31  must provide a 25 percent match for grants received. 
  2.32     Subd. 3.  [GRANT APPLICATION.] State agencies and local 
  2.33  units of government must submit an application to the 
  2.34  commissioner of public safety in the form and manner the 
  2.35  commissioner establishes. 
  2.36     Subd. 4.  [AWARDING GRANT.] The commissioner of public 
  3.1   safety shall act as the fiscal agent for the grant program.  
  3.2   Before any grants are awarded, a committee consisting of 
  3.3   representatives from the Minnesota chiefs of police association, 
  3.4   Minnesota fire chief's association, Minnesota sheriff's 
  3.5   association, the Minnesota police and peace officer's 
  3.6   association, the Minnesota professional firefighter's 
  3.7   association, the Minnesota ambulance association, the American 
  3.8   College of Emergency Medicine, the Minnesota emergency medical 
  3.9   services regulatory board, and the emergency management division 
  3.10  of the department of public safety shall evaluate the grant 
  3.11  applications.  The commissioner shall meet and consult with the 
  3.12  committee concerning its evaluation of and recommendations on 
  3.13  grant proposals before awarding any grants. 
  3.14     Sec. 3.  [299A.78] [EMERGENCY PREPAREDNESS EQUIPMENT 
  3.15  GRANTS.] 
  3.16     Subdivision 1.  [ESTABLISHMENT.] The commissioner of public 
  3.17  safety shall award grants to state agencies, local law 
  3.18  enforcement agencies, sheriff's offices, fire departments, 
  3.19  ambulance services, and medical facilities to partially 
  3.20  reimburse the recipients for the purchases of emergency 
  3.21  preparedness equipment.  Equipment eligible for partial 
  3.22  reimbursement includes personal protection equipment, equipment 
  3.23  to detect and monitor chemical or biological agents, and 
  3.24  decontamination equipment. 
  3.25     Subd. 2.  [LOCAL MATCH.] Eligible local units of government 
  3.26  must provide a 25 percent match for grants received. 
  3.27     Subd. 3.  [GRANT APPLICATION.] State agencies and local 
  3.28  units of government must submit an application to the 
  3.29  commissioner of public safety in the form and manner the 
  3.30  commissioner establishes. 
  3.31     Subd. 4.  [AWARDING GRANT.] The commissioner of public 
  3.32  safety shall act as the fiscal agent for the grant program.  
  3.33  Before any grants are awarded, a committee consisting of the 
  3.34  committee consisting of representatives from the Minnesota 
  3.35  chiefs of police association, Minnesota fire chief's 
  3.36  association, and Minnesota sheriff's association, the Minnesota 
  4.1   police and peace officer's association, the Minnesota 
  4.2   professional firefighter's association, the Minnesota ambulance 
  4.3   association, the American College of Emergency Medicine, the 
  4.4   Minnesota emergency medical services regulatory board, and the 
  4.5   emergency management division of the department of public safety 
  4.6   shall evaluate the grant applications.  The commissioner shall 
  4.7   meet and consult with the committee concerning its evaluation 
  4.8   and recommendations on grant proposals before awarding any 
  4.9   grants. 
  4.10     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  4.11  403.11, subdivision 1, is amended to read: 
  4.12     Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
  4.13  customer of a telephone company or communications carrier that 
  4.14  provides service capable of originating a 911 emergency 
  4.15  telephone call is assessed a fee to cover the costs of ongoing 
  4.16  maintenance and related improvements for trunking and central 
  4.17  office switching equipment for minimum 911 emergency telephone 
  4.18  service, plus administrative and staffing costs of the 
  4.19  department of administration related to managing the 911 
  4.20  emergency telephone service program.  Recurring charges by a 
  4.21  public utility providing telephone service for updating the 
  4.22  information required by section 403.07, subdivision 3, must be 
  4.23  paid by the commissioner of administration if the utility is 
  4.24  included in an approved 911 plan and the charges have been 
  4.25  certified and approved under subdivision 3.  The commissioner of 
  4.26  administration shall transfer an amount equal to two cents a 
  4.27  month from the fee assessed under this section on cellular and 
  4.28  other nonwire access services to the commissioner of public 
  4.29  safety for the purpose of offsetting the costs, including 
  4.30  administrative and staffing costs, incurred by the state patrol 
  4.31  division of the department of public safety in handling 911 
  4.32  emergency calls made from cellular phones.  The commissioner 
  4.33  shall transfer an amount equal to 22 cents a month for each 
  4.34  customer access line or other basic access service, including 
  4.35  trunk equivalents as designated by the public utilities 
  4.36  commission for access charge purposes and including cellular and 
  5.1   other nonwire access services to the general fund.  Money 
  5.2   remaining in the 911 emergency telephone service account after 
  5.3   all other obligations are paid must not cancel and is carried 
  5.4   forward to subsequent years and may be appropriated from time to 
  5.5   time to the commissioner of administration to provide financial 
  5.6   assistance to counties for the improvement of local emergency 
  5.7   telephone services.  The improvements may include providing 
  5.8   access to minimum 911 service for telephone service subscribers 
  5.9   currently without access and upgrading existing 911 service to 
  5.10  include automatic number identification, local location 
  5.11  identification, automatic location identification, and other 
  5.12  improvements specified in revised county 911 plans approved by 
  5.13  the department. 
  5.14     (b) The fee is 27 49 cents a month for each customer access 
  5.15  line or other basic access service, including trunk equivalents 
  5.16  as designated by the public utilities commission for access 
  5.17  charge purposes and including cellular and other nonwire access 
  5.18  services.  The fee must be the same for all customers.  
  5.19     (c) The fee must be collected by each company or carrier 
  5.20  providing service subject to the fee.  Fees are payable to and 
  5.21  must be submitted to the commissioner of administration monthly 
  5.22  before the 25th of each month following the month of collection, 
  5.23  except that fees may be submitted quarterly if less than $250 a 
  5.24  month is due, or annually if less than $25 a month is due.  
  5.25  Receipts must be deposited in the state treasury and credited to 
  5.26  a 911 emergency telephone service account in the special revenue 
  5.27  fund.  The money in the account may only be used for 911 
  5.28  telephone services as provided in paragraph (a).  
  5.29     (d) This subdivision does not apply to customers of a 
  5.30  telecommunications carrier as defined in section 237.01, 
  5.31  subdivision 6. 
  5.32     Sec. 5.  [DEPARTMENT OF PUBLIC SAFETY.] 
  5.33     $....... is appropriated from the general fund to the 
  5.34  commissioner of public safety for the fiscal year ending June 
  5.35  30, 2003. 
  5.36     Subdivision 1.  [HAZARDOUS MATERIAL EMERGENCY RESPONSE 
  6.1   TEAMS.] $....... is for the conversion of the Rochester, 
  6.2   Moorhead, Duluth, and St. Cloud chemical assessment teams to 
  6.3   hazardous material emergency response teams and for equipment 
  6.4   purchases to upgrade the capability of the hazardous material 
  6.5   emergency response teams. 
  6.6      Subd. 2.  [BOMB DISPOSAL UNITS.] $....... is to reimburse 
  6.7   bomb disposal units under Minnesota Statutes, section 299C.063. 
  6.8      Subd. 3.  [GAS-TIGHT CONTAINMENT VESSEL.] $....... is for 
  6.9   the purchase of a gas-tight containment vessel for disposal of 
  6.10  bombs and other hazardous materials.  This is a onetime 
  6.11  appropriation. 
  6.12     Subd. 4.  [EMERGENCY PREPAREDNESS TRAINING 
  6.13  GRANTS.] $....... is for grants created under section 2 to state 
  6.14  agencies and local units of government to partially reimburse 
  6.15  the training costs of fire, law enforcement, and emergency 
  6.16  medical services personnel.  This appropriation is available 
  6.17  until expended. 
  6.18     Subd. 5.  [EMERGENCY PREPAREDNESS EQUIPMENT 
  6.19  GRANTS.] $....... is for grants created under section 3 to state 
  6.20  agencies and local units of government to purchase emergency 
  6.21  response equipment, including personal protection equipment, 
  6.22  monitoring and detection equipment, and decontamination 
  6.23  equipment.  This is a onetime appropriation and available until 
  6.24  expended. 
  6.25     Subd. 6.  [REGIONAL EMERGENCY RESPONSE TEAMS.] $....... is 
  6.26  for grants to equip and train regional emergency response teams 
  6.27  consisting of local emergency personnel in Greater Minnesota.  
  6.28  The commissioner, in consultation with the Minnesota sheriff's 
  6.29  association, the Minnesota chiefs of police association, and the 
  6.30  Minnesota fire chief's association, shall determine the number 
  6.31  and location of the regional emergency response teams.  This is 
  6.32  a onetime appropriation. 
  6.33     Subd. 7.  [EXTRAORDINARY EXPENSE GRANTS.] $....... is for 
  6.34  grants to reimburse local units of government for extraordinary 
  6.35  expenses related to terroristic threats or incidents under 
  6.36  Minnesota Statutes, section 299A.62, subdivision 1, paragraph 
  7.1   (b), clause (4).  This is a onetime appropriation. 
  7.2      Subd. 8.  [STATEWIDE ASSESSMENT OF EMERGENCY COMMUNICATION 
  7.3   NEEDS.] $....... is for a statewide assessment of emergency 
  7.4   communication capabilities and an implementation plan for 
  7.5   addressing those needs.  This is a onetime appropriation. 
  7.6      Subd. 9.  [CAPITOL SECURITY.] $....... is for entrance 
  7.7   point security technology and additional security personnel. 
  7.8      Sec. 6.  [DEPARTMENT OF ADMINISTRATION.] 
  7.9      Subdivision 1.  [EMERGENCY SYSTEMS.] $....... is 
  7.10  appropriated from the general fund to the commissioner of 
  7.11  administration for enhanced 911 services, firefighter 
  7.12  communication systems, emergency medical services communication 
  7.13  systems, and the public safety radio system as provided in 
  7.14  Minnesota Statutes, sections 473.891 to 473.905.  This 
  7.15  appropriation is available until expended. 
  7.16     Subd. 2.  [COMMUNICATION EQUIPMENT; METROPOLITAN 
  7.17  AREA.] $....... is appropriated from the general fund to the 
  7.18  commissioner of administration for communication equipment for 
  7.19  medical facilities located in the metropolitan area as defined 
  7.20  in Minnesota Statutes, section 473.121, subdivision 2. 
  7.21     Subd. 3.  [COMMUNICATION EQUIPMENT; OUTSIDE METROPOLITAN 
  7.22  AREA.] $....... is appropriated from the general fund to the 
  7.23  commissioner of administration for communication equipment for 
  7.24  medical facilities not located in the metropolitan area as 
  7.25  defined in Minnesota Statutes, section 473.121, subdivision 2. 
  7.26                             ARTICLE 2
  7.27                        PUBLIC SAFETY POLICY
  7.28     Section 1.  Minnesota Statutes 2000, section 13D.05, 
  7.29  subdivision 3, is amended to read: 
  7.30     Subd. 3.  [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 
  7.31  may close a meeting to evaluate the performance of an individual 
  7.32  who is subject to its authority.  The public body shall identify 
  7.33  the individual to be evaluated prior to closing a meeting.  At 
  7.34  its next open meeting, the public body shall summarize its 
  7.35  conclusions regarding the evaluation.  A meeting must be open at 
  7.36  the request of the individual who is the subject of the meeting. 
  8.1      (b) Meetings may be closed if the closure is expressly 
  8.2   authorized by statute or permitted by the attorney-client 
  8.3   privilege. 
  8.4      (c) Meetings may be closed to receive security briefings 
  8.5   and reports and to discuss issues related to security systems, 
  8.6   emergency response procedures, and security deficiencies in 
  8.7   public services, infrastructure, and facilities.  Financial 
  8.8   issues related to security matters and all related financial 
  8.9   decisions must be discussed at an open meeting.  A meeting 
  8.10  closed under this paragraph must be tape-recorded at the expense 
  8.11  of the public body.  The recording must be preserved for at 
  8.12  least two years after the date of the closed meeting.  
  8.13     Sec. 2.  Minnesota Statutes 2000, section 171.07, 
  8.14  subdivision 4, is amended to read: 
  8.15     Subd. 4.  [EXPIRATION.] (a) Except as otherwise provided in 
  8.16  this subdivision, the expiration date of Minnesota 
  8.17  identification cards of applicants under the age of 65 shall be 
  8.18  is the birthday of the applicant in the fourth year following 
  8.19  the date of issuance of the card. 
  8.20     (b) Except as provided in paragraph (d), Minnesota 
  8.21  identification cards issued to applicants age 65 or over shall 
  8.22  be are valid for the lifetime of the applicant. 
  8.23     (c) Except if expiration would occur earlier under 
  8.24  paragraph (d), the expiration date for an Under-21 
  8.25  identification card is the card holder's 21st birthday.  The 
  8.26  commissioner shall issue an identification card to a holder of 
  8.27  an Under-21 identification card who applies for the card, pays 
  8.28  the required fee, and presents proof of identity and age, unless 
  8.29  the commissioner determines that the applicant is not qualified 
  8.30  for the identification card. 
  8.31     (d) Unless expiration would occur earlier under another 
  8.32  provision of this subdivision, if the applicant is not a citizen 
  8.33  of the United States or a permanent resident alien, the 
  8.34  applicant's Minnesota identification card expires on the 
  8.35  expiration date or completion date of the applicant's visa or 
  8.36  other short-term admission document issued to the applicant by 
  9.1   the United States government evidencing to the commissioner's 
  9.2   satisfaction permission for the applicant to be in this country. 
  9.3      Sec. 3.  Minnesota Statutes 2000, section 171.27, is 
  9.4   amended to read: 
  9.5      171.27 [EXPIRATION OF LICENSE.] 
  9.6      (a) Except as otherwise provided in this section, the 
  9.7   expiration date for each driver's license, other than under-21 
  9.8   licenses, is the birthday of the driver in the fourth year 
  9.9   following the date of issuance of the license.  The birthday of 
  9.10  the driver shall must be as indicated on the application for a 
  9.11  driver's license.  A license may be renewed on or before 
  9.12  expiration or within one year after expiration upon application, 
  9.13  payment of the required fee, and passing the examination 
  9.14  required of all drivers for renewal.  The commissioner shall 
  9.15  extend or renew driving privileges shall be extended or renewed 
  9.16  on or preceding the expiration date of an existing driver's 
  9.17  license unless the commissioner believes that the licensee (1) 
  9.18  is no longer qualified as a driver or (2) does not have 
  9.19  permission to remain in the United States throughout the 
  9.20  extension or renewal period.  
  9.21     (b) Except if expiration would occur earlier under 
  9.22  paragraph (e), the expiration date for each under-21 
  9.23  license shall be is the 21st birthday of the licensee.  Upon the 
  9.24  licensee attaining the age of 21 and upon the application, 
  9.25  payment of the required fee, and passing the examination 
  9.26  required of all drivers for renewal, a driver's license shall 
  9.27  must be issued unless the commissioner determines that the 
  9.28  licensee (1) is no longer qualified as a driver or (2) does not 
  9.29  have permission to remain in the United States throughout the 
  9.30  renewal period. 
  9.31     (c) Except if expiration would occur earlier under 
  9.32  paragraph (e), the expiration date for each provisional license 
  9.33  is two years after the date of application for the provisional 
  9.34  license. 
  9.35     (d) Any valid Minnesota driver's license issued to a person 
  9.36  then or subsequently on active duty with the Armed Forces of the 
 10.1   United States, or the person's spouse, shall continue in full 
 10.2   force and effect without requirement for renewal until 90 days 
 10.3   after the date of the person's discharge from such active 
 10.4   service, provided that a spouse's license must be renewed if the 
 10.5   spouse is residing within the state at the time the license 
 10.6   expires or within 90 days after the spouse returns to Minnesota 
 10.7   and resides within the state. 
 10.8      (e) Unless expiration would occur earlier under another 
 10.9   provision of this section, if the applicant is not a citizen of 
 10.10  the United States or a permanent resident alien, the applicant's 
 10.11  driver's license, permit to operate a motor vehicle, or driving 
 10.12  privilege of any nature or type expires on the expiration date 
 10.13  or completion date of the applicant's visa or other short-term 
 10.14  admission document issued to the applicant by the United States 
 10.15  government evidencing to the commissioner's satisfaction 
 10.16  permission for the applicant to be in this country. 
 10.17     Sec. 4.  Minnesota Statutes 2000, section 609.106, 
 10.18  subdivision 2, is amended to read: 
 10.19     Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
 10.20  a person to life imprisonment without possibility of release 
 10.21  under the following circumstances: 
 10.22     (1) the person is convicted of first degree murder under 
 10.23  section 609.185, clause (2) or, (4), or (7); 
 10.24     (2) the person is convicted of committing first degree 
 10.25  murder in the course of a kidnapping under section 609.185, 
 10.26  clause (3); or 
 10.27     (3) the person is convicted of first degree murder under 
 10.28  section 609.185, clause (1), (3), (5), or (6), and the court 
 10.29  determines on the record at the time of sentencing that the 
 10.30  person has one or more previous convictions for a heinous crime. 
 10.31     Sec. 5.  Minnesota Statutes 2000, section 609.185, is 
 10.32  amended to read: 
 10.33     609.185 [MURDER IN THE FIRST DEGREE.] 
 10.34     (a) Whoever does any of the following is guilty of murder 
 10.35  in the first degree and shall be sentenced to imprisonment for 
 10.36  life: 
 11.1      (1) causes the death of a human being with premeditation 
 11.2   and with intent to effect the death of the person or of another; 
 11.3      (2) causes the death of a human being while committing or 
 11.4   attempting to commit criminal sexual conduct in the first or 
 11.5   second degree with force or violence, either upon or affecting 
 11.6   the person or another; 
 11.7      (3) causes the death of a human being with intent to effect 
 11.8   the death of the person or another, while committing or 
 11.9   attempting to commit burglary, aggravated robbery, kidnapping, 
 11.10  arson in the first or second degree, a drive-by shooting, 
 11.11  tampering with a witness in the first degree, escape from 
 11.12  custody, or any felony violation of chapter 152 involving the 
 11.13  unlawful sale of a controlled substance; 
 11.14     (4) causes the death of a peace officer or a guard employed 
 11.15  at a Minnesota state or local correctional facility, with intent 
 11.16  to effect the death of that person or another, while the peace 
 11.17  officer or guard is engaged in the performance of official 
 11.18  duties; 
 11.19     (5) causes the death of a minor while committing child 
 11.20  abuse, when the perpetrator has engaged in a past pattern of 
 11.21  child abuse upon the child and the death occurs under 
 11.22  circumstances manifesting an extreme indifference to human life; 
 11.23  or 
 11.24     (6) causes the death of a human being while committing 
 11.25  domestic abuse, when the perpetrator has engaged in a past 
 11.26  pattern of domestic abuse upon the victim or upon another family 
 11.27  or household member and the death occurs under circumstances 
 11.28  manifesting an extreme indifference to human life; or 
 11.29     (7) causes the death of a human being while committing, 
 11.30  conspiring to commit, or attempting to commit an act of 
 11.31  terrorism. 
 11.32     (b) For purposes of paragraph (a), clause (5), "child abuse"
 11.33  means an act committed against a minor victim that constitutes a 
 11.34  violation of the following laws of this state or any similar 
 11.35  laws of the United States or any other state:  section 609.221; 
 11.36  609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
 12.1   609.345; 609.377; 609.378; or 609.713. 
 12.2      (c) For purposes of paragraph (a), clause (6), "domestic 
 12.3   abuse" means an act that: 
 12.4      (1) constitutes a violation of section 609.221, 609.222, 
 12.5   609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 12.6   609.713, or any similar laws of the United States or any other 
 12.7   state; and 
 12.8      (2) is committed against the victim who is a family or 
 12.9   household member as defined in section 518B.01, subdivision 2, 
 12.10  paragraph (b). 
 12.11     (d) For purposes of paragraph (a), clause (7), "act of 
 12.12  terrorism" means an act that is dangerous to human life and that 
 12.13  is intended to: 
 12.14     (1) intimidate, injure, or coerce a civilian population; 
 12.15     (2) influence the policy of a government by intimidation or 
 12.16  coercion; or 
 12.17     (3) affect the conduct of government through destruction of 
 12.18  property, assassination, murder, kidnapping, or piracy of motor 
 12.19  vehicles, aircraft, trains, water-going vessels, or other means 
 12.20  of transportation.  
 12.21     Sec. 6.  Minnesota Statutes 2000, section 609.605, is 
 12.22  amended by adding a subdivision to read: 
 12.23     Subd. 5.  [TRESPASS ON PUBLIC UTILITY.] (a) For purposes of 
 12.24  this subdivision, "public utility" means:  
 12.25     (1) an organization defined as a utility in section 
 12.26  216C.06, subdivision 5, or that is subject to the regulations of 
 12.27  the federal Nuclear Regulatory Agency or Department of Energy; 
 12.28     (2) a telecommunications carrier or telephone company 
 12.29  regulated under chapter 237 or subject to the regulations of the 
 12.30  Federal Communications Commission; or 
 12.31     (3) a local utility or enterprise formed for the purpose of 
 12.32  providing electrical or gas heating and power, telephone, water, 
 12.33  sewage, wastewater, or other related utility service, which is 
 12.34  owned, controlled, or regulated by a town, a statutory or home 
 12.35  rule charter city, a county, a port development authority, the 
 12.36  metropolitan council, a district heating authority, a regional 
 13.1   commission or other regional government unit, or a combination 
 13.2   of these governmental units. 
 13.3      (b) Whoever trespasses upon the grounds of a public utility 
 13.4   without authorization, claim of right, or consent of one who has 
 13.5   the right to give consent, is guilty of a gross misdemeanor if: 
 13.6      (1) the person refuses to depart from the grounds of the 
 13.7   public utility on the demand of one who has the right to give 
 13.8   consent; or 
 13.9      (2) the public utility grounds are posted.  
 13.10     (c) For purposes of paragraph (b), public utility grounds 
 13.11  are posted if there are signs that: 
 13.12     (1) state "no trespassing" or similar terms; 
 13.13     (2) display letters at least two inches high; 
 13.14     (3) state that the property is grounds of a public utility; 
 13.15  and 
 13.16     (4) are posted in a conspicuous place on the exterior of 
 13.17  any building located on the grounds and at intervals of 500 feet 
 13.18  or less along the boundary of the grounds.  
 13.19     Sec. 7.  [609.712] [BIOLOGICAL AGENTS, TOXIC CHEMICALS, OR 
 13.20  TOXINS.] 
 13.21     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 13.22  the following terms have the meanings given them in this 
 13.23  subdivision. 
 13.24     (b) "Biological agent" means any microorganism, virus, 
 13.25  infectious substance, or biological product that may be 
 13.26  engineered as a result of biotechnology, or any naturally 
 13.27  occurring or bioengineered component of a microorganism, virus, 
 13.28  infectious substance, or biological product, that is capable of 
 13.29  causing: 
 13.30     (1) death, disease, or other biological malfunction in a 
 13.31  human, an animal, a plant, or another living organism; 
 13.32     (2) deterioration of food, water, equipment, supplies, or 
 13.33  material of any kind; or 
 13.34     (3) deleterious alteration of the environment. 
 13.35     (c) "Toxic chemical" means any chemical, which through its 
 13.36  chemical action on life processes can cause death, temporary 
 14.1   incapacitation, or permanent harm to humans or animals.  The 
 14.2   term includes all of these chemicals, regardless of their origin 
 14.3   or method of production, and regardless of whether they are 
 14.4   produced in facilities, in munitions, or elsewhere.  
 14.5      (d) "Toxin" means the toxic material of plants, animals, 
 14.6   microorganisms, viruses, fungi, or infectious substances, or a 
 14.7   recombinant molecule, whatever its origin or method of 
 14.8   production, including: 
 14.9      (1) any poisonous substance or biological product that may 
 14.10  be engineered as a result of biotechnology or produced by a 
 14.11  living organism; or 
 14.12     (2) any poisonous isomer or biological product, homolog, or 
 14.13  derivative of such a substance.  
 14.14     Subd. 2.  [USE OR POSSESSION.] Whoever acquires, transfers, 
 14.15  retains, possesses, uses, or employs a biological agent, toxic 
 14.16  chemical, or toxin with intent to cause death, disease, or 
 14.17  injury to another or to the property of another may be sentenced 
 14.18  to imprisonment for not more than 25 years or to payment of a 
 14.19  fine of not more than $100,000, or both.  Notwithstanding 
 14.20  section 609.04, a prosecution for or conviction of this section 
 14.21  is not a bar to conviction of or punishment for any other crime 
 14.22  committed during the time of or as a result of the use or 
 14.23  possession of a biological agent, toxic chemical, or toxin.  
 14.24     Sec. 8.  Minnesota Statutes 2000, section 609.713, 
 14.25  subdivision 1, is amended to read: 
 14.26     Subdivision 1.  Whoever threatens, directly or indirectly, 
 14.27  to commit any crime of violence with purpose to terrorize 
 14.28  another or to cause evacuation of a building, place of assembly, 
 14.29  vehicle or facility of public transportation or otherwise to 
 14.30  cause serious public inconvenience place, whether a building or 
 14.31  not, or disruption of another's activities, or in a reckless 
 14.32  disregard of the risk of causing such terror or inconvenience, 
 14.33  evacuation, or disruption, may be sentenced to imprisonment for 
 14.34  not more than five years or to payment of a fine of not more 
 14.35  than $10,000, or both.  As used in this subdivision, "crime of 
 14.36  violence" has the meaning given "violent crime" in section 
 15.1   609.1095, subdivision 1, paragraph (d). 
 15.2      Sec. 9.  Minnesota Statutes 2000, section 609.713, 
 15.3   subdivision 2, is amended to read: 
 15.4      Subd. 2.  Whoever communicates to another with purpose to 
 15.5   terrorize another or in reckless disregard of the risk of 
 15.6   causing such terror, that explosives or an explosive device or 
 15.7   any incendiary device is present at a named place or location, 
 15.8   whether or not the same is in fact present, may be sentenced to 
 15.9   imprisonment for not more than three ten years or to payment of 
 15.10  a fine of not more than $3,000 $20,000, or both.  
 15.11     Sec. 10.  Minnesota Statutes 2000, section 609.713, is 
 15.12  amended by adding a subdivision to read: 
 15.13     Subd. 4.  [THREATS OF BIOLOGICAL AGENTS, TOXIC CHEMICALS, 
 15.14  OR TOXINS.] Whoever does the following with intent to terrorize 
 15.15  another or cause evacuation of a place, whether a building or 
 15.16  not, or disruption of another's activities, or with reckless 
 15.17  disregard of the risk of causing this terror, evacuation, or 
 15.18  disruption, may be sentenced to imprisonment for not more than 
 15.19  ten years or to payment of a fine of not more than $20,000, or 
 15.20  both:  
 15.21     (1) displays, releases, exhibits, threatens, or 
 15.22  communicates, whether directly or indirectly, that a biological 
 15.23  agent, toxic chemical, or toxin, as defined in section 609.712, 
 15.24  subdivision 1, is or will be present or introduced at a place or 
 15.25  location, or will be used to cause death, disease, or injury to 
 15.26  another or to another's property, whether or not the same is in 
 15.27  fact present, introduced, or used; or 
 15.28     (2) commits conduct described in clause (1) with a 
 15.29  simulated substance that would cause a reasonable person to 
 15.30  believe that the substance was a biological agent, toxic 
 15.31  chemical, or toxin.  
 15.32     Sec. 11.  [EFFECTIVE DATE.] 
 15.33     Sections 4 to 10 are effective August 1, 2002, and apply to 
 15.34  crimes committed on or after that date.