Minnesota Legislature
HF 3799
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 05:56pm
Bill Text Versions
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| Introduction | Posted on 02/14/2024 |
Current Version - as introduced
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A bill for an act
relating to public safety; establishing the Office of Animal Protection and providing
for its duties; expanding the definition of crime of violence; appropriating money;
amending Minnesota Statutes 2023 Supplement, 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.
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[299P.01] LEGISLATIVE FINDINGS AND PURPOSE.
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The legislature finds that animal cruelty is linked to human violence and criminal activity
and that there is an ongoing need across the state to better prevent and respond to incidents
of animal cruelty. The purpose of this act is to address animal cruelty in a more
comprehensive and centralized manner by creating an Office of Animal Protection and
giving the office the authority and duties prescribed in this chapter so as to protect the
public's peace, health, and safety.
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Sec. 2.
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[299P.02] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Application. new text end
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As used in this chapter, the following terms have the
meanings given.
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new text begin Subd. 2. new text end
new text begin Animal. new text end
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"Animal" has the meaning given in section 343.20, subdivision 2.
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new text begin Subd. 3. new text end
new text begin Animal cruelty. new text end
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"Animal cruelty" has the meaning given to "cruelty" in section
343.20, subdivision 3.
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new text begin Subd. 4. new text end
new text begin Commissioner. new text end
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"Commissioner" means the commissioner of public safety.
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new text begin Subd. 5. new text end
new text begin Director. new text end
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"Director" means the director of the Office of Animal Protection.
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new text begin Subd. 6. new text end
new text begin Office. new text end
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"Office" means the Office of Animal Protection.
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Sec. 3.
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[299P.03] OFFICE OF ANIMAL PROTECTION; CREATION; POWERS
AND DUTIES; ANNUAL REPORTING.
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new text begin Subdivision 1. new text end
new text begin Creation. new text end
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The Office of Animal Protection is created within the Bureau
of Criminal Apprehension of the Department of Public Safety.
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new text begin Subd. 2. new text end
new text begin Powers and duties. new text end
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The office has the following powers and duties:
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(1) it shall seek to promote a comprehensive and measurable approach for the prevention
of animal cruelty, protection of animals, enforcement of animal cruelty statutes, and education
across multiple disciplines throughout the state, including but not limited to:
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(i) investigations;
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(ii) prosecution;
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(iii) forensic veterinary medicine;
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(iv) animal care, transport, and housing; and
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(v) human welfare, as it relates to offenders or victims of animal cruelty;
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(2) it shall foster partnerships and collaborations with other criminal justice partners and
related disciplines, as described in clause (1), items (i) to (v), to identify community and
enforcement needs and challenges related to the crime of animal cruelty; establish effective
enforcement practices and initiatives based on these needs; and, if needed, seek changes to
laws or administrative rules;
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(3) it shall work to build capacity to assist local, state, Tribal, and federal authorities
and other criminal justice partners in the investigation and prosecution of animal cruelty,
including providing information, education, advice, training, services, and resources, and
engaging communities in the prevention of animal cruelty;
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(4) it shall work to provide standards, training, and certification for authorities and
criminal justice partners in the enforcement of animal cruelty laws;
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(5) it shall work to educate, train, and build public awareness of the importance of the
humane treatment of animals with the goals of demonstrating why animal cruelty is harmful
to society and increasing knowledge about how to recognize and report animal cruelty;
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(6) it shall support the advisory committee established in section 299P.04 and coordinate
the office's mission with the committee's guidance;
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(7) it may conduct case reviews involving the investigation, prosecution, and sentencing
of selected closed animal cruelty cases and provide feedback to the entities involved;
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(8) it may collect, maintain, analyze, and report on data relating to animal cruelty cases;
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(9) it may conduct and compile research into animal cruelty and publicize the results of
the research; and
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(10) it may award grants as provided in section 299P.07.
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new text begin Subd. 3. new text end
new text begin Annual performance report. new text end
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On or before January 15 of each year, the director
shall submit an annual report to the chairs and ranking minority members of the legislative
committees having jurisdiction over public safety finance and policy on the office's operations
and any recommendations for changes in law relating to animal protection.
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Sec. 4.
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[299P.04] ADVISORY COMMITTEE.
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new text begin Subdivision 1. new text end
new text begin Advisory committee. new text end
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The commissioner shall establish and appoint the
members of an advisory committee pursuant to section 15.059. The committee shall adopt
procedures to govern the committee's conduct as necessary and select a chair from among
its members. The committee shall act in an advisory capacity, providing assistance and
advice to the office in the development and execution of its duties, including outreach to
communities and stakeholders.
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new text begin Subd. 2. new text end
new text begin Committee members. new text end
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Committee members shall possess knowledge, skills,
or experiences in the prevention, investigation, or prosecution of animal cruelty and the
care of animals, reflecting the five disciplines described in section 299P.03, subdivision 2,
clause (1), items (i) to (v). The committee shall also include members of the public with
knowledge of animal law and animal cruelty or experiences with animal cruelty as a victim,
including trauma of victims.
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new text begin Subd. 3. new text end
new text begin Subcommittees. new text end
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The committee may establish subcommittees to identify,
discuss, and make recommendations on specific topics related to animal cruelty and effective
enforcement efforts of animal cruelty statutes, including but not limited to animal cruelty
reporting, victim services, crime data collection, cross-reporting, courtroom advocates, and
crime prevention.
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Sec. 5.
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[299P.05] DIRECTOR; OTHER STAFF.
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(a) The commissioner shall appoint a director for the office. The director shall have
qualifications that include or are similar to the following:
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(1) experience or knowledge in criminal law;
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(2) experience or knowledge in the many facets of animal cruelty and the five disciplines
described in section 299P.03, subdivision 2, clause (1), items (i) to (v), that contribute to
the protection of animals and humans and successful outcomes; and
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(3) expertise in leadership with planning and communication skills to foster change
management techniques and define, develop, and implement office priorities, policies, and
operations.
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(b) The director may hire additional staff to assist in performing the duties of the office.
Office staff shall be in the classified service of the state and their compensation shall be
established pursuant to chapter 43A.
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Sec. 6.
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[299P.06] AGREEMENTS AND CONTRACTS; LOCAL AUTHORITY.
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new text begin Subdivision 1. new text end
new text begin Agreements and contracts. new text end
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The director may enter into contracts with
parties to assist with fulfilling the office's powers and duties under this chapter.
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new text begin Subd. 2. new text end
new text begin Authority of local governing bodies. new text end
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This chapter shall not be construed to
limit or preempt additional requirements imposed on or possessed by any city, town, or
county.
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Sec. 7.
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[299P.07] ANIMAL PROTECTION ACCOUNT; GRANTS.
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new text begin Subdivision 1. new text end
new text begin Money received from other sources. new text end
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The director may accept money
received as gifts, grants, or contributions from any source to support the purposes of the
office under this chapter. 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.
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new text begin Subd. 2. new text end
new text begin Animal protection account. new text end
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An animal protection account is created in the
special revenue fund. All money received under subdivision 1 shall be deposited into the
account. Money in the account, including interest, is annually appropriated to the
commissioner to administer this chapter.
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new text begin Subd. 3. new text end
new text begin Grants authorized. new text end
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The commissioner may use money in the animal protection
account to make grants to state and local units of government and nonprofit organizations
to promote animal protection efforts as described in this chapter.
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Sec. 8.
Minnesota Statutes 2023 Supplement, 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); 609.247 (carjacking); 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 anddeleted text end chapter 152 (drugs, controlled substances); new text begin and chapter
343 (prevention of cruelty to animals); new text end and an attempt to commit any of these offenses.
new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
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Sec. 9. new text begin OFFICE OF ANIMAL PROTECTION; APPROPRIATION.
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$350,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of public safety to establish and operate the Office of Animal Protection established under
this act.
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