HF 3021

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; adding persons required to report 
  1.3             maltreatment of minors; changing the failure to report 
  1.4             from a misdemeanor to a gross misdemeanor; including 
  1.5             assault of uniform security personnel under fourth 
  1.6             degree assault; amending Minnesota Statutes 1998, 
  1.7             sections 609.2231, subdivision 2; and 626.556, 
  1.8             subdivision 6; Minnesota Statutes 1999 Supplement, 
  1.9             section 626.556, subdivision 3. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 609.2231, 
  1.12  subdivision 2, is amended to read: 
  1.13     Subd. 2.  [FIREFIGHTERS AND, EMERGENCY MEDICAL PERSONNEL, 
  1.14  AND MEDICAL FACILITY UNIFORM SECURITY PERSONNEL.] Whoever 
  1.15  assaults any of the following persons and inflicts demonstrable 
  1.16  bodily harm is guilty of a felony and may be sentenced to 
  1.17  imprisonment for not more than two years or to payment of a fine 
  1.18  of not more than $4,000, or both:  
  1.19     (1) a member of a municipal or volunteer fire department or 
  1.20  emergency medical services personnel unit in the performance of 
  1.21  the member's duties; or 
  1.22     (2) a physician, nurse, or other person providing health 
  1.23  care services in a hospital emergency department; or 
  1.24     (3) a member of a medical facility uniform security 
  1.25  personnel engaged in the performance of the member's duties. 
  1.26     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  1.27  626.556, subdivision 3, is amended to read: 
  2.1      Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
  2.2   knows or has reason to believe a child is being neglected or 
  2.3   physically or sexually abused, as defined in subdivision 2, or 
  2.4   has been neglected or physically or sexually abused within the 
  2.5   preceding three years, shall immediately report the information 
  2.6   to the local welfare agency, agency responsible for assessing or 
  2.7   investigating the report, police department, or the county 
  2.8   sheriff if the person is:  
  2.9      (1) a professional or professional's delegate who is 
  2.10  engaged in the practice of the healing arts, social services, 
  2.11  hospital administration, psychological or psychiatric treatment, 
  2.12  child care, education, or law enforcement; or 
  2.13     (2) employed as a member of the clergy and received the 
  2.14  information while engaged in ministerial duties, provided that a 
  2.15  member of the clergy is not required by this subdivision to 
  2.16  report information that is otherwise privileged under section 
  2.17  595.02, subdivision 1, paragraph (c); or 
  2.18     (3) employed as a private detective, security guard, or by 
  2.19  a parks and recreation department or public library.  
  2.20     The police department or the county sheriff, upon receiving 
  2.21  a report, shall immediately notify the local welfare agency or 
  2.22  agency responsible for assessing or investigating the report, 
  2.23  orally and in writing.  The local welfare agency, or agency 
  2.24  responsible for assessing or investigating the report, upon 
  2.25  receiving a report, shall immediately notify the local police 
  2.26  department or the county sheriff orally and in writing.  The 
  2.27  county sheriff and the head of every local welfare agency, 
  2.28  agency responsible for assessing or investigating reports, and 
  2.29  police department shall each designate a person within their 
  2.30  agency, department, or office who is responsible for ensuring 
  2.31  that the notification duties of this paragraph and paragraph (b) 
  2.32  are carried out.  Nothing in this subdivision shall be construed 
  2.33  to require more than one report from any institution, facility, 
  2.34  school, or agency. 
  2.35     (b) Any person may voluntarily report to the local welfare 
  2.36  agency, agency responsible for assessing or investigating the 
  3.1   report, police department, or the county sheriff if the person 
  3.2   knows, has reason to believe, or suspects a child is being or 
  3.3   has been neglected or subjected to physical or sexual abuse.  
  3.4   The police department or the county sheriff, upon receiving a 
  3.5   report, shall immediately notify the local welfare agency or 
  3.6   agency responsible for assessing or investigating the report, 
  3.7   orally and in writing.  The local welfare agency or agency 
  3.8   responsible for assessing or investigating the report, upon 
  3.9   receiving a report, shall immediately notify the local police 
  3.10  department or the county sheriff orally and in writing. 
  3.11     (c) A person mandated to report physical or sexual child 
  3.12  abuse or neglect occurring within a licensed facility shall 
  3.13  report the information to the agency responsible for licensing 
  3.14  the facility under sections 144.50 to 144.58; 241.021; 245A.01 
  3.15  to 245A.16; or 245B, or a school as defined in sections 120A.05, 
  3.16  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
  3.17  personal care provider organization as defined in sections 
  3.18  256B.04, subdivision 16; and 256B.0625, subdivision 19.  A 
  3.19  health or corrections agency receiving a report may request the 
  3.20  local welfare agency to provide assistance pursuant to 
  3.21  subdivisions 10, 10a, and 10b. 
  3.22     (d) Any person mandated to report shall receive a summary 
  3.23  of the disposition of any report made by that reporter, 
  3.24  including whether the case has been opened for child protection 
  3.25  or other services, or if a referral has been made to a community 
  3.26  organization, unless release would be detrimental to the best 
  3.27  interests of the child.  Any person who is not mandated to 
  3.28  report shall, upon request to the local welfare agency, receive 
  3.29  a concise summary of the disposition of any report made by that 
  3.30  reporter, unless release would be detrimental to the best 
  3.31  interests of the child. 
  3.32     (e) For purposes of this subdivision, "immediately" means 
  3.33  as soon as possible but in no event longer than 24 hours. 
  3.34     Sec. 3.  Minnesota Statutes 1998, section 626.556, 
  3.35  subdivision 6, is amended to read: 
  3.36     Subd. 6.  [FAILURE TO REPORT.] A person mandated by this 
  4.1   section to report who knows or has reason to believe that a 
  4.2   child is neglected or physically or sexually abused, as defined 
  4.3   in subdivision 2, or has been neglected or physically or 
  4.4   sexually abused within the preceding three years, and fails to 
  4.5   report is guilty of a gross misdemeanor.  A parent, guardian, or 
  4.6   caretaker who knows or reasonably should know that the child's 
  4.7   health is in serious danger and who fails to report as required 
  4.8   by subdivision 2, paragraph (c), is guilty of a gross 
  4.9   misdemeanor if the child suffers substantial or great bodily 
  4.10  harm because of the lack of medical care.  If the child dies 
  4.11  because of the lack of medical care, the person is guilty of a 
  4.12  felony and may be sentenced to imprisonment for not more than 
  4.13  two years or to payment of a fine of not more than $4,000, or 
  4.14  both.  The provision in section 609.378, subdivision 1, 
  4.15  paragraph (a), clause (1), providing that a parent, guardian, or 
  4.16  caretaker may, in good faith, select and depend on spiritual 
  4.17  means or prayer for treatment or care of a child, does not 
  4.18  exempt a parent, guardian, or caretaker from the duty to report 
  4.19  under this subdivision.