HF 3300

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/18/2023 11:46pm

A bill for an act
relating to public safety; establishing the Office of Animal Protection; providing
for peace officer and other professional training; authorizing working groups;
establishing a courtroom animal advocate procedure; requiring support for forensic
laboratories; authorizing the receipt of grants and contributions; amending the
definition of crime of violence; requiring reports; requiring rulemaking;
appropriating money; amending Minnesota Statutes 2022, section 624.712,
subdivision 5; proposing coding for new law as Minnesota Statutes, chapter 299P.

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

Section 1.

new text begin [299P.01] POLICY DECLARATION.
new text end

new text begin Subdivision 1. new text end

new text begin Findings. new text end

new text begin Because of ongoing occurrences of animal cruelty throughout
the state of Minnesota and to ensure that local authorities are adequately prepared to deal
with animal cruelty crimes and protect the public peace, health, and safety, the legislature
finds and declares it necessary:
new text end

new text begin (1) to create an Office of Animal Protection and to require the office to establish regional
animal units to assist in the enforcement of animal cruelty statutes;
new text end

new text begin (2) to confer upon the commissioner the powers to enforce animal cruelty statutes in
this chapter;
new text end

new text begin (3) to cooperate with and provide services to localities, the state, Tribal nations, and the
federal government regarding animal cruelty cases; and
new text end

new text begin (4) to provide all available financial assistance to eligible applicants related to animal
cruelty.
new text end

new text begin Subd. 2. new text end

new text begin Link to human violence. new text end

new text begin It is further declared that animal cruelty crimes are
linked to human violence, including domestic violence, child abuse, sexual abuse, elder
abuse, terroristic threats, illegal gambling, drugs, and firearms, arson, fraud, or other property
and human-related laws; and, therefore, it is the purpose of these sections and the policy of
the state that all functions related to enforcing animal cruelty statutes must be coordinated
with various state agencies, localities, Tribal nations, the federal government, other states,
and private agencies to protect animals and humans.
new text end

Sec. 2.

new text begin [299P.02] OFFICE OF ANIMAL PROTECTION; CREATION; PURPOSE;
SCOPE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin An Office of Animal Protection is created in the Department
of Public Safety.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin In collaboration with criminal justice partners, the office must protect
animals by preventing, investigating, and prosecuting crimes of animal cruelty. The office
must also use the office's expertise and resources to protect human victims in cases related
to animal cruelty.
new text end

new text begin Subd. 3. new text end

new text begin Scope. new text end

new text begin This chapter applies to enforcement of animal cruelty statutes in
Minnesota, including but not limited to chapter 343; sections 346.155, 346.35 to 346.44,
609.294, 609.596, and 609.597; and other law that, if violated, results in cruelty to animals.
Scope may also pertain to laws linked to human violence if the animal cruelty case involves
human violence.
new text end

Sec. 3.

new text begin [299P.03] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin As used in this chapter, the following terms have the
meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Animal. new text end

new text begin "Animal" has the meaning given in section 343.20, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Animal cruelty. new text end

new text begin "Animal cruelty" means an act, omission, or neglect that causes
or permits unnecessary or unjustifiable pain or suffering to an animal, or causes or permits
the unnecessary or unjustifiable death of an animal.
new text end

new text begin Subd. 4. new text end

new text begin Caregiving agency. new text end

new text begin "Caregiving agency" means an animal shelter, humane
society, veterinary clinic, or other animal care agency that has temporary custody of an
animal after the animal has been seized.
new text end

new text begin Subd. 5. new text end

new text begin Command team. new text end

new text begin "Command team" means the team established according to
section 299P.06.
new text end

new text begin Subd. 6. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of public safety.
new text end

new text begin Subd. 7. new text end

new text begin Deputy special agent. new text end

new text begin "Deputy special agent" means an agent who is trained
and certified by the Office of Animal Protection and specializes in investigating violations
of animal cruelty laws. This position may be a volunteer, paid-on-call, part-time, or full-time
agent who assists in the enforcement of animal cruelty laws and reports to a regional animal
protection and response unit.
new text end

new text begin Subd. 8. new text end

new text begin Director. new text end

new text begin "Director" means the director of the Office of Animal Protection.
new text end

new text begin Subd. 9. new text end

new text begin Guardian. new text end

new text begin "Guardian" means a person who has control, custody, possession,
title, or other legal interest in an animal. Custody, control, or possession of an animal may
be indicated by physically confining the animal in an area controlled by the guardian or the
guardian's provision of regular food, water, or care to the animal.
new text end

new text begin Subd. 10. new text end

new text begin Law enforcement agency. new text end

new text begin "Law enforcement agency" has the meaning given
in section 626.84, subdivision 1, paragraph (f).
new text end

new text begin Subd. 11. new text end

new text begin Office. new text end

new text begin "Office" means the Office of Animal Protection.
new text end

new text begin Subd. 12. new text end

new text begin Peace officer. new text end

new text begin "Peace officer" has the meaning given in section 626.84,
subdivision 1, paragraph (c).
new text end

new text begin Subd. 13. new text end

new text begin Lead special agent. new text end

new text begin "Lead special agent" means a peace officer who is trained,
certified, and employed by the Office of Animal Protection, specializes in investigations of
violation of animal cruelty laws, and oversees a regional animal protection and response
unit.
new text end

Sec. 4.

new text begin [299P.04] POWERS AND DUTIES; REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Powers and duties. new text end

new text begin The office must provide statewide expertise and
support in the protection of animals by assisting in the enforcement of animal cruelty statutes.
The office must perform duties as the commissioner may direct, including:
new text end

new text begin (1) assisting local, state, Tribal, and federal agencies and other criminal justice partners,
including federal agencies, in investigating and prosecuting animal cruelty cases in the state;
new text end

new text begin (2) developing uniform response protocols for receiving, investigating, and prosecuting
complaints of animal cruelty and coordinating efforts with other authorities that enforce
animal cruelty statutes;
new text end

new text begin (3) providing training in animal cruelty and animal law;
new text end

new text begin (4) in collaboration with the Bureau of Criminal Apprehension and other agencies,
collecting, maintaining, and analyzing data related to animal cruelty cases; and
new text end

new text begin (5) educating the public to recognize and report animal cruelty and collaborating with
criminal justice partners and others to provide animal cruelty education.
new text end

new text begin Subd. 2. new text end

new text begin Performance report. new text end

new text begin On or before January 15 each year, the director must
submit an annual report to the chairs and ranking minority members of the legislative
committees with jurisdiction over public safety finance and policy on the office's operations,
including data regarding the animal cruelty cases that the office investigated.
new text end

Sec. 5.

new text begin [299P.05] DIRECTOR; ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Director. new text end

new text begin The commissioner shall appoint a director who has the power
to administer this chapter. The director may employ staff to perform the duties in this chapter
as necessary to fulfill the office's responsibilities. The director is subject to any other
conditions that the commissioner deems necessary to carry out the purposes of this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Advisory committee. new text end

new text begin The commissioner may establish an advisory committee,
pursuant to section 15.059, consisting of at least 15 members with knowledge of animal
law, animal cruelty, and animal cruelty prevention. This committee must represent specialized
disciplines and diverse skills and experiences in the reporting and enforcement of animal
cruelty laws and care of animals, including members of the public who are familiar with
animal cruelty cases. The committee must adopt procedures to govern the committee's
conduct as necessary and select a chair from among the committee's members and may
establish subcommittees to consider specific topics or develop targeted initiatives.
new text end

Sec. 6.

new text begin [299P.06] UNIFIED COMMAND STRUCTURE; DEPUTY DIRECTORS.
new text end

new text begin Subdivision 1. new text end

new text begin Unified command structure; command team. new text end

new text begin The office must use a
unified command structure, known as the command team, to fulfill the duties in this chapter.
This team must report to the director and must include the director and the following deputy
directors:
new text end

new text begin (1) the deputy director of investigation services;
new text end

new text begin (2) the deputy director of prosecution services;
new text end

new text begin (3) the deputy director of forensic veterinary medicine services;
new text end

new text begin (4) the deputy director of human welfare; and
new text end

new text begin (5) the deputy director of animal care services.
new text end

new text begin Subd. 2. new text end

new text begin Disciplines; deputy directors. new text end

new text begin (a) A deputy director must perform the following
duties:
new text end

new text begin (1) collaborate with the director and command team on animal cruelty investigation,
prosecution, and prevention;
new text end

new text begin (2) provide information and advice to local, state, Tribal, and federal agencies handling
animal cruelty cases that relate to the deputy director's expertise;
new text end

new text begin (3) develop guidelines specific to the duties of the deputy director's position;
new text end

new text begin (4) develop and perform training for office staff and other individuals involved in
investigating and prosecuting animal cruelty cases; and
new text end

new text begin (5) promote public reporting of animal cruelty.
new text end

new text begin (b) The office must employ the following deputy directors:
new text end

new text begin (1) a deputy director of investigation services who must:
new text end

new text begin (i) be a licensed peace officer;
new text end

new text begin (ii) oversee all regional animal protection and response units;
new text end

new text begin (iii) oversee the certification of lead special agents and deputy special agents; and
new text end

new text begin (iv) act as the primary liaison for a unit to police departments and sheriff offices;
new text end

new text begin (2) a deputy director of prosecution services who is a licensed attorney with knowledge
of animal law and the prosecution of animal cruelty crimes. This deputy director must:
new text end

new text begin (i) be hired by the Office of the Attorney General in consultation with the commissioner
and director;
new text end

new text begin (ii) be designated as an assistant attorney general assigned to the Office of Animal
Protection to provide expertise in animal law;
new text end

new text begin (iii) upon request by a county or city attorney, prosecute or assist in prosecuting animal
cruelty cases; and
new text end

new text begin (iv) form federal and state partnerships to address crimes against animals;
new text end

new text begin (3) a deputy director of forensic veterinary medicine services who is a licensed
veterinarian with knowledge in forensic veterinary medicine who must:
new text end

new text begin (i) assist animal protection and response units by providing on-scene and off-scene
coordination for the examination of animals and collection of evidence in animal cruelty
cases;
new text end

new text begin (ii) establish and maintain a network of veterinarians with expertise in forensic veterinary
science to assist in animal cruelty cases; and
new text end

new text begin (iii) collaborate with laboratories in Minnesota and nationwide specializing in animal
forensic science;
new text end

new text begin (4) a deputy director of human services with expertise in human services and human
victims who must:
new text end

new text begin (i) form a statewide network of child protection services and adult protection services,
social workers, mental health professionals, care assistants, and other agencies to assist the
office and law enforcement in crimes involving both animal cruelty and human violence;
and
new text end

new text begin (ii) in collaboration with the Office of Justice Programs and victim advocates, establish
a program to assist human victims involved in animal cruelty crimes; and
new text end

new text begin (5) a deputy director of animal care services who has expertise in animal care, handling,
housing, and transportation and who must:
new text end

new text begin (i) form a statewide network for seizing, transporting, placing, and caring for seized or
surrendered animals from a crime scene;
new text end

new text begin (ii) collaborate with caregiving agencies as defined by section 299P.03, subdivision 4;
and
new text end

new text begin (iii) provide on-scene and off-scene assistance with seizing and placing animals with
caregiving agencies.
new text end

new text begin Subd. 3. new text end

new text begin Support personnel; shared business resources. new text end

new text begin The director, in consultation
with the commissioner, may share personnel and resources with the Department of Public
Safety to perform duties under this chapter and other business support services. Services
used must be paid for by office appropriations. The commissioner may permit Department
of Public Safety resources not directly assigned to the office to be used to assist the office
in fulfilling duties under this chapter.
new text end

Sec. 7.

new text begin [299P.07] ANIMAL PROTECTION AND RESPONSE UNIT; SPECIAL
AGENTS; CERTIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Animal protection and response unit. new text end

new text begin (a) To assist communities in
enforcing animal cruelty laws and conducting investigations, the director must create animal
protection and response units throughout Minnesota.
new text end

new text begin (b) The director must regionally establish at least six animal protection and response
units. The director may adjust regions based on the number of crimes, type of crimes, and
other administrative or operational factors deemed necessary by the director.
new text end

new text begin (c) The investigation services director, in consultation with the command team, must
designate staff for each regional unit who are responsible for organizing, administering,
and operating the unit, including field response teams.
new text end

new text begin (d) Upon request by a county sheriff office, city police department, Tribal nation, state
agency, or federal government, an animal protection and response unit may assist in
investigating animal cruelty.
new text end

new text begin (e) If contacted directly, the office must investigate a complaint of animal cruelty and
must notify local law enforcement immediately before initiating the investigation.
new text end

new text begin (f) A person, organization, or agency from the United States or Canada that has relevant
skills may assist the office in any animal cruelty response when such aid is requested by
the director.
new text end

new text begin Subd. 2. new text end

new text begin Special agents. new text end

new text begin (a) The director must determine the hiring process for an
applicant for a special agent position in an animal protection and response unit. The number
of agents that the director may hire must be determined by legislative funding and the office's
budget.
new text end

new text begin (b) The office must employ a special agent to lead each regional unit. The lead special
agent must have expertise in investigating animal cruelty cases. The director, in consultation
with the commissioner and command team, must establish qualifications and criteria for
the position and make the appointments for each region. The lead special agent must, at a
minimum:
new text end

new text begin (1) be a peace officer who meets the office's qualifications;
new text end

new text begin (2) be trained and certified by the office in animal law and animal cruelty investigations;
new text end

new text begin (3) report to the office's deputy director of investigation services; and
new text end

new text begin (4) supervise services that the animal protection and response unit provides and coordinate
with other services provided by the office.
new text end

new text begin (c) The office must also employ or work with deputy special agents to investigate animal
cruelty crimes and animal care services. A deputy special agent:
new text end

new text begin (1) may be employed by the office, a city police department, a sheriff's office, a nonprofit
corporation, a county, a city, or any other local governmental entity or political subdivision
of the state or be self-employed if the individual meets all qualifications determined by the
office;
new text end

new text begin (2) must apply to and be certified by the office and meet all qualifications determined
by the office;
new text end

new text begin (3) must investigate animal cruelty crimes, including seizing and placing animals, under
the direction of a lead special agent; and
new text end

new text begin (4) must follow requirements determined by the office and animal protection and response
unit.
new text end

new text begin Subd. 3. new text end

new text begin Compliance coordinator. new text end

new text begin Each animal protection and response unit may
employ a compliance coordinator to advise special agents regarding enforcement action
compliance with local, state, and federal law. A compliance coordinator must be trained
and certified by the office.
new text end

new text begin Subd. 4. new text end

new text begin Certification. new text end

new text begin (a) The office must:
new text end

new text begin (1) develop processes for recruiting, hiring, and certifying applicants for positions as
special agents and other office staff as necessary to carry out the duties in this chapter;
new text end

new text begin (2) determine classifications and subclassifications for commissioning agents or
personnel; and
new text end

new text begin (3) identify potential conflicts of interest and disqualifying violations.
new text end

new text begin (b) A commission issued by the office must:
new text end

new text begin (1) require special agents and office staff to participate in training and continuing
education courses;
new text end

new text begin (2) expire on the anniversary date of the commission's issuance;
new text end

new text begin (3) be renewed at the director's discretion;
new text end

new text begin (4) be suspended or revoked at the director's discretion; and
new text end

new text begin (5) be approved by the Department of Public Safety.
new text end

new text begin (c) A certified agent who is not employed by the office must provide proof of liability
insurance coverage to the office.
new text end

Sec. 8.

new text begin [299P.08] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Investigation. new text end

new text begin The office must conduct any investigation necessary to
comply with this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Subpoenas. new text end

new text begin The director may issue an administrative subpoena that requires
the attendance of witnesses and the production of books, memoranda, papers, documents,
articles, or instruments and compels the disclosure by a witness of any fact relative to the
matter under investigation. Upon the failure or refusal of a witness to obey a subpoena, the
director may petition a district court and, upon a proper showing, the court may enter an
order compelling the witness to appear and testify or produce documentary evidence. A
witness' failure to obey such a court order is punishable as a contempt of court.
new text end

new text begin Subd. 3. new text end

new text begin Cease and desist. new text end

new text begin (a) Whenever the director has reasonable cause to believe
that a violation of chapter 343 has occurred and believes that immediate enforcement is
necessary, the director may issue a cease and desist notice that may require a person to cease
violating any provision of chapter 343.
new text end

new text begin (b) A cease and desist notice must describe the provisions alleged to have been violated
and the facts alleged to that constituted the violation.
new text end

new text begin (c) If a person fails to comply with a cease and desist notice within 24 hours, the director
may file a temporary restraining order with a district court or for injunctive relief to prevent
any further violation.
new text end

new text begin (d) No stay of a cease and desist notice may be issued before a hearing in a district court
involving both parties.
new text end

new text begin Subd. 4. new text end

new text begin Disposition of dead animals. new text end

new text begin (a) The office may safely dispose of dead animals
as necessary for an investigation or prosecution of an animal cruelty case.
new text end

new text begin (b) Unless a veterinary consultation would cause an undue delay or create a risk to health
or safety to a human or animal, the office must consult with a veterinarian when taking
possession or control of a dead animal and order a forensic necropsy of the body.
new text end

new text begin Subd. 5. new text end

new text begin Search and seizure without a warrant. new text end

new text begin (a) If a deputy special agent, lead
special agent, or peace officer has probable cause to believe that an animal is in imminent
danger of suffering a serious injury, infirmity, or death, the deputy special agent, lead special
agent, or peace officer may enter upon private property to render emergency aid to the
animal.
new text end

new text begin (b) If a deputy special agent, lead special agent, or peace officer has probable cause to
believe that an animal is in imminent danger of suffering a serious injury, infirmity, or death,
the deputy special agent, lead special agent, or peace officer may seize the animal without
a warrant. The special agent or peace officer shall immediately take a seized animal under
chapter 343 to a veterinarian who is licensed pursuant to chapter 156 to provide medical
attention to the animal and to assess the animal's health. Any person or caregiving agency
receiving an animal that is seized pursuant to chapter 343 must provide the animal with
minimum care.
new text end

new text begin (c) A special agent or peace officer is not liable for any damages for an entry under this
section or chapter 343, provided that the special agent or peace officer does not use any
more force than is reasonably necessary to enter the property and remove the animal.
new text end

new text begin (d) The guardian from whom an animal is seized must be given the same legal remedies
available to the guardian or any potential claimant under chapter 343.
new text end

Sec. 9.

new text begin [299P.09] CROSS REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Public policy. new text end

new text begin As declared by the legislature pursuant to chapter 260E
and section 626.557, the public policy of this state is to protect children whose health or
welfare may be jeopardized through physical abuse, neglect, or sexual abuse; and to protect
adults who, because of physical or mental disability or dependency on institutional services,
are particularly vulnerable to maltreatment. Because animal cruelty is linked to human
violence, it is critical and appropriate to report known or suspected animal cruelty to the
authorities responsible for protecting children and vulnerable adults.
new text end

new text begin Subd. 2. new text end

new text begin Mandated reporting; child abuse; vulnerable adults. new text end

new text begin Any employee of or
any person commissioned by the Office of Animal Protection who, in the course of
deployment, has reasonable cause to suspect that a child or adult is being or has been
maltreated must provide a report to the Department of Human Services with notification to
the Office of Animal Protection. If the health and welfare of a child or adult is in immediate
danger or the child or adult may be abandoned, local law enforcement must be contacted
immediately if not already on the scene or involved with the assessment and investigation.
new text end

new text begin Subd. 3. new text end

new text begin Mandated reporting; animal cruelty. new text end

new text begin Any child protection or adult protection
services employee who knows of or has reasonable cause to suspect that an animal has been
or is being harmed, neglected, or cruelly treated in violation of chapter 343 must notify the
employee's supervising agency and the Department of Human Services. If the health and
welfare of an animal is in immediate danger, the reporter must immediately notify the
appropriate law enforcement agency or the Office of Animal Protection.
new text end

new text begin Subd. 4. new text end

new text begin Criteria. new text end

new text begin Criteria and recommendations for cross reporting, including oral and
written reports, matters of confidentiality, and training under subdivisions 2, 3, and 5 must
be defined by the office in consultation with the Department of Human Services.
new text end

new text begin Subd. 5. new text end

new text begin Immunity. new text end

new text begin A reporter under subdivisions 2 and 3 is immune from any civil or
criminal liability that otherwise might result from the reporter's actions, if the reporter is
acting in good faith.
new text end

Sec. 10.

new text begin [299P.10] COURTROOM ANIMAL ADVOCATE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Court order. new text end

new text begin In any prosecution under chapter 343, any court proceeding
pursuant to chapter 343, or any other criminal proceeding regarding the welfare, care, or
custody of an animal, the court may appoint, upon the court's initiative or upon request of
a party, an advocate to represent the interests of the animal.
new text end

new text begin Subd. 2. new text end

new text begin Advocate; appointment, removal. new text end

new text begin When a court appoints an advocate to
represent the interests of an animal, the court may appoint the advocate from the list
maintained under subdivision 4. The court may remove the advocate at any stage of the
proceedings. The decision by a court to appoint an advocate to represent the interests of an
animal may be made at any stage of the proceedings.
new text end

new text begin Subd. 3. new text end

new text begin Advocate; duties and authority. new text end

new text begin (a) An advocate appointed under this section
must monitor the case; have access to relevant files, documents, and reports related to the
case; share with attorneys for the state and defendant any new information relevant to the
case or prepared by the advocate for presentation to the court or either party; and present
information and recommendations to the court in the best interests of the animal. The
advocate's information and recommendations to the court may be based upon the knowledge
and experience of the advocate or another specialist with knowledge and experience related
to the type of the animal involved in the case.
new text end

new text begin (b) An advocate may consult any individual with information that could aid the judge
or fact finder; review records relating to the animal's condition and the defendant's actions,
including but not limited to records from animal control officers, veterinarians, and police
officers; attend hearings in person, virtually, or by telephone; and, if appropriate, provide
a victim impact statement to the court.
new text end

new text begin Subd. 4. new text end

new text begin Advocate requirements. new text end

new text begin The office shall maintain a list of attorneys who have
indicated a willingness to serve as advocates under this section on a voluntary basis and are
eligible to serve as advocates. In order to be eligible to serve as an advocate, an attorney
must have completed training as required by the office. A qualified attorney may supervise
one or more certified student attorneys.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

new text begin [299P.11] SUPPORT SERVICES; TRAINING, DATA; RESOURCES.
new text end

new text begin Subdivision 1. new text end

new text begin Training and auditing. new text end

new text begin (a) The director shall develop, administer, and
maintain cross-discipline training for and auditing of office personnel and criminal justice
partners in the investigation and prosecution of animal cruelty cases. The training must
reflect the variety of animal cruelty crimes and investigative and prosecutorial techniques
under state law. Cruelty against all animals must be included.
new text end

new text begin (b) The director may collaborate with local, state, and national subject experts in
developing training curriculum. The director may establish minimum qualifications for
training course instructors and hire the instructors necessary to provide the best possible
instruction, subject to the limitation of funding appropriated and available for expenditure.
new text end

new text begin (c) The director may charge tuition to cover the cost of continuing education courses
provided by the office when money available to the director for this purpose is not adequate
to pay these costs. The tuition fees collected are appropriated to the director.
new text end

new text begin Subd. 2. new text end

new text begin Data and information; records. new text end

new text begin The director must streamline the collection,
analysis, and use of data related to animal cruelty crimes, including case intake, the office's
response, charges filed, and final disposition of all complaints reported and cases investigated,
in collaboration with the Bureau of Criminal Apprehension and other criminal justice
partners.
new text end

new text begin Subd. 3. new text end

new text begin Facilities and resources provided. new text end

new text begin The director and other personnel of the
office must be provided with appropriate facilities and resources in the same manner as
provided for personnel of other state agencies. The director must determine, purchase, and
maintain equipment, supplies, and resources required to execute the office's duties under
this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Emergency or natural disaster response. new text end

new text begin In the case of an emergency or
natural disaster, the office may collaborate with the Department of Public Safety and other
qualified entities to assist with the care, removal, and housing of animals. Agreements must
be established prior to deployment.
new text end

new text begin Subd. 5. new text end

new text begin Forensic science services; laboratories. new text end

new text begin The director must provide resources
for forensic science services to assist local, state, Tribal, and federal agencies in the
investigation and prosecution of animal cruelty crimes. The office must support the necropsy
section of the Veterinary Diagnostic Lab at the University of Minnesota related to animal
cruelty cases, including financial assistance for a forensic veterinary pathologist. The office
must collaborate with local and national laboratories that specialize in investigating crimes
of cruelty against animals.
new text end

new text begin Subd. 6. new text end

new text begin Victim services. new text end

new text begin The office must work collaboratively with the Office of Justice
Programs, victim advocates, and others in the field of victim services to assist people who
own and care for animals and have suffered physical, emotional, legal, or financial trauma
due to animal cruelty and provide support to people in multiple languages.
new text end

new text begin Subd. 7. new text end

new text begin Other programs. new text end

new text begin The director may develop additional programs, services, or
resources as needed to fulfill the office's duties and prevent future animal cruelty offenses,
including but not limited to developing treatment models for animal abusers, intervention
models for juvenile offenders of animal cruelty, and pet sheltering programs for victims of
domestic violence.
new text end

Sec. 12.

new text begin [299P.12] ANIMAL CRUELTY REPORTING; COMMUNICATIONS;
COMMUNITY ENGAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin State answering point system. new text end

new text begin The director must establish and maintain
a single state answering point system for use by the public or persons responsible for
reporting known or suspected animal cruelty; dispatching of complaints to the appropriate
authority and jurisdiction; and response to local, state, Tribal, and federal offices,
departments, or agencies requesting state assistance during and following an incident of
animal cruelty.
new text end

new text begin Subd. 2. new text end

new text begin Communication services. new text end

new text begin (a) The director, in consultation with the
commissioner of public safety, must convene a telecommunications working group to
provide recommendations for establishing a state answering point system. The director must
convene the first meeting, set an expiration date for the working group, and provide
administrative support.
new text end

new text begin (b) The working group must consider establishing a 24-hour animal cruelty hotline to
respond to cruelty complaints throughout the state and requests for assistance. Any contact
number must be integrated with technology used in other state crisis and emergency response
systems.
new text end

new text begin (c) To increase proficiency in receiving and responding to calls and tracking and
maintaining data, the working group must also consider the following: criteria for intake
forms, standards, and training for telecommunicators; a mobile radio system for response
teams; and funding options.
new text end

new text begin Subd. 3. new text end

new text begin Community engagement; intervention and prevention. new text end

new text begin The director must
work with community members to develop strategies to address animal cruelty and promote
intervention and prevention measures. The office's efforts may include developing public
awareness campaigns that identify animal care resources and mental health support; empower
various professions to recognize and respond to early signs of animal cruelty; and assess
factors, including family dysfunction, that may contribute to cruelty to animals. The director
may establish a working group to create recommendations.
new text end

Sec. 13.

new text begin [299P.13] AGREEMENTS AND CONTRACTS; LOCAL AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Agreements and contracts. new text end

new text begin The director may enter into contracts with
parties to assist with fulfilling the duties under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Authority of local governing bodies. new text end

new text begin This chapter must not be construed to
limit or preempt additional requirements by any city, town, or city and county.
new text end

Sec. 14.

new text begin [299P.14] ANIMAL PROTECTION ACCOUNT; GRANTS; SPECIAL
REVENUES.
new text end

new text begin Subdivision 1. new text end

new text begin Animal protection account. new text end

new text begin An animal protection account is created in
the special revenue fund. All fees and penalties collected by the office under this chapter
or any money received by the office as gifts, grants, or other private or public money obtained
for the purposes of this chapter must be deposited in the animal protection account. Money
in the account, including interest on the account, is annually appropriated to the director to
administer this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Money received from other sources. new text end

new text begin The director may accept and use money
received as gifts, grants, or contributions from any source to support the purposes of the
office. The director may apply for and accept grants of money from the federal government,
the state, any foundation, or any person to support the purposes of the office.
new text end

new text begin Subd. 3. new text end

new text begin Grants authorized. new text end

new text begin The commissioner of public safety may make grants to
state and local units of government to combat animal cruelty, including but not limited to
crime prevention measures.
new text end

new text begin Subd. 4. new text end

new text begin Cost of care reimbursement. new text end

new text begin Local units of government that incur costs related
to the care of animals seized pursuant to chapter 343 may apply to the commissioner of
public safety for reimbursement. The commissioner must adopt rules under this section
regarding:
new text end

new text begin (1) the administration and disbursement of the money available for reimbursement under
this subdivision, including guidelines to ensure that multiple applicants have equitable
access to reimbursement;
new text end

new text begin (2) the application process by an eligible applicant for financial assistance to cover the
cost of emergency veterinary treatment, care, housing, or transport of an animal, including
the response time to reimburse an applicant; and
new text end

new text begin (3) the cost of reasonable and necessary care of an animal and limits, if any, on the
amount of payment to each applicant.
new text end

new text begin Subd. 5. new text end

new text begin Animal protection tax checkoff. new text end

new text begin (a) An individual who files an income tax
return or property tax refund claim form may designate on the individual's original return
that $1 or more must be added to the tax or deducted from the refund that would otherwise
be payable by or to the individual and paid into an account established for the Office of
Animal Protection.
new text end

new text begin (b) The commissioner of revenue shall, on the income tax return and the property tax
refund claim form, notify a filer of the filer's right to pay a portion of the filer's tax or refund
into the animal protection account. The sum of the money that a filer pays into the account
must be credited to the animal protection account for use by the Office of Animal Protection.
All interest earned on money received, gifts to the office, contributions to the office, and
reimbursements of expenditures in the animal protection account must be credited to the
animal protection account by the commissioner of management and budget, except that
gifts or contributions received directly by the commissioner of public safety and directed
by the contributor for use in specific animal protection projects or geographic areas must
be handled according to section 16A.013.
new text end

Sec. 15.

Minnesota Statutes 2022, section 624.712, subdivision 5, is amended to read:

Subd. 5.

Crime of violence.

"Crime of violence" means: felony convictions of the
following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the
second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first
degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding
attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second
degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree);
609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic
assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 (solicitation,
inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct
in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal
sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 609.52
(involving theft of a firearm and theft involving the theft of a controlled substance, an
explosive, or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson in
the second degree); 609.582, subdivision 1 or 2 (burglary in the first and second degrees);
609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating
a machine gun or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749
(harassment); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); deleted text begin and deleted text end
chapter 152 (drugs, controlled substances); new text begin and chapter 343 (animal cruelty); new text end and an attempt
to commit any of these offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 16. new text begin OFFICE OF ANIMAL PROTECTION; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the commissioner of public safety to establish and operate the Office of Animal
Protection.
new text end