1.1                          A bill for an act 
  1.2             relating to appropriations; appropriating money to 
  1.3             fund corrections, public safety, courts, and other 
  1.4             agencies; establishing, funding, modifying, or 
  1.5             regulating certain corrections, public safety, court, 
  1.6             and other criminal justice programs, policies, duties, 
  1.7             activities, or practices; making technical, 
  1.8             conforming, and clarifying changes; providing criminal 
  1.9             penalties; setting fines, surcharges, and fees; 
  1.10            amending Minnesota Statutes 2002, sections 8.06; 
  1.11            152.021, subdivisions 2a, 3; 169A.03, subdivision 21, 
  1.12            by adding a subdivision; 169A.20, subdivision 2; 
  1.13            169A.25, subdivision 1; 169A.26, subdivision 1; 
  1.14            169A.27, subdivision 1; 169A.275, subdivisions 3, 4, 
  1.15            by adding a subdivision; 169A.40, subdivision 3; 
  1.16            169A.44; 169A.51, subdivision 5; 169A.53, subdivision 
  1.17            3; 169A.54, subdivision 6; 169A.60, subdivisions 8, 
  1.18            13; 241.016, subdivision 1; 243.49; 243.53, 
  1.19            subdivision 1; 260B.105, subdivisions 1, 2; 260B.125, 
  1.20            subdivision 8; 260B.130, subdivision 1; 260B.141, 
  1.21            subdivision 4; 260B.143, subdivision 1; 260B.193, 
  1.22            subdivision 5; 260C.163, subdivision 5; 270A.03, 
  1.23            subdivision 5; 299C.05; 299C.06; 299C.10, subdivision 
  1.24            4, by adding a subdivision; 299C.48; 299F.46, 
  1.25            subdivision 1, by adding subdivisions; 299M.01, by 
  1.26            adding subdivisions; 299M.03, by adding subdivisions; 
  1.27            299M.04; 299M.11, subdivisions 1, 2; 357.021, 
  1.28            subdivisions 2, 6, 7; 357.022; 357.08; 546.27; 550.36; 
  1.29            590.05; 609.055, subdivision 2; 609.101, subdivision 
  1.30            4; 609.105, subdivision 1, by adding subdivisions; 
  1.31            609.115, subdivision 1; 609.119; 609.135, subdivisions 
  1.32            1, 2; 609.185; 609.322, by adding a subdivision; 
  1.33            609.324; 609.3241; 609.527, subdivision 3; 609.68; 
  1.34            609.681; 609.748, subdivisions 3, 4, 5; 611.14; 
  1.35            611.17; 611.18; 611.25, subdivision 1; 611.26, 
  1.36            subdivision 6; 611.272; 629.471, by adding a 
  1.37            subdivision; 641.14; 641.263, by adding subdivisions; 
  1.38            proposing coding for new law in Minnesota Statutes, 
  1.39            chapters 169A; 243; 244; 299A; 299F; 641; repealing 
  1.40            Minnesota Statutes 2002, sections 123B.73; 152.135, 
  1.41            subdivision 4; 241.41; 241.42; 241.43; 241.44; 
  1.42            241.441; 241.45; 244.19, subdivision 3a; 626A.17; Laws 
  1.43            2002, chapter 220, article 6, section 6. 
  1.44  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.1                              ARTICLE 1 
  2.2                            APPROPRIATIONS 
  2.3   Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.4      The sums shown in the columns marked "APPROPRIATIONS" are 
  2.5   appropriated from the general fund, or another named fund, to 
  2.6   the agencies and for the purposes specified in this act, to be 
  2.7   available for the fiscal years indicated for each purpose.  The 
  2.8   figures "2003," "2004," and "2005," where used in this act, mean 
  2.9   that the appropriation or appropriations listed under them are 
  2.10  available for the year ending June 30, 2003, June 30, 2004, or 
  2.11  June 30, 2005, respectively.  The term "first year" means the 
  2.12  fiscal year ending June 30, 2004, and the term "second year" 
  2.13  means the fiscal year ending June 30, 2005. 
  2.14                          SUMMARY BY FUND
  2.15               2003       2004          2005           TOTAL
  2.16  General    $35,000  $ 707,878,000  $ 730,822,000 $1,438,735,000 
  2.17  State Government       
  2.18  Special Revenue             7,000          7,000         14,000 
  2.19  Environmental 
  2.20  Fund                       49,000         49,000         98,000 
  2.21  Special Revenue    
  2.22  Fund                    5,578,000      5,578,000     11,156,000 
  2.23  Trunk 
  2.24  Highway                   361,000        361,000        722,000 
  2.25  TOTAL      $35,000  $ 713,873,000  $ 736,817,000 $1,450,725,000
  2.26                                             APPROPRIATIONS 
  2.27                                         Available for the Year 
  2.28                                             Ending June 30 
  2.29                                            2004         2005 
  2.30  Sec. 2.   SUPREME COURT               37,548,000     35,182,000
  2.31  [LEGAL SERVICES TO LOW-INCOME CLIENTS 
  2.32  IN FAMILY LAW MATTERS.] Of this 
  2.33  appropriation, $877,000 each year is to 
  2.34  improve the access of low-income 
  2.35  clients to legal representation in 
  2.36  family law matters.  This appropriation 
  2.37  must be distributed under Minnesota 
  2.38  Statutes, section 480.242, to the 
  2.39  qualified legal services programs 
  2.40  described in Minnesota Statutes, 
  2.41  section 480.242, subdivision 2, 
  2.42  paragraph (a).  Any unencumbered 
  2.43  balance remaining in the first year 
  2.44  does not cancel and is available in the 
  2.45  second year. 
  2.46  [CIVIL LEGAL SERVICES REDUCTION.] The 
  2.47  budget for civil legal services must be 
  3.1   reduced by $1,572,000 each year.  The 
  3.2   base budget for civil legal services is 
  3.3   reduced accordingly. 
  3.4   [COURT REPORTER; SOFTWARE AND EQUIPMENT 
  3.5   FUNDING.] The supreme court 
  3.6   administrator may appropriate funds to 
  3.7   court reporters to fund periodic 
  3.8   computer software and equipment 
  3.9   upgrades to ensure the accuracy and 
  3.10  integrity of court records. 
  3.11  Sec. 3.   COURT OF APPEALS             7,936,000      7,978,000
  3.12  Sec. 4.   DISTRICT COURTS            176,960,000    198,307,000
  3.13  Sec. 5.   TAX COURT                      726,000        726,000
  3.14  Sec. 6.   UNIFORM LAWS 
  3.15  COMMISSION                                38,000         39,000
  3.16  Sec. 7.   BOARD ON     
  3.17  JUDICIAL STANDARDS                       252,000        252,000
  3.18  Sec. 8.   BOARD OF PUBLIC
  3.19  DEFENSE                               50,763,000     50,764,000
  3.20  Sec. 9.  PUBLIC SAFETY 
  3.21  Subdivision 1.  Total 
  3.22  Appropriation                         72,637,000     72,652,000
  3.23                          Summary by Fund
  3.24                            2004          2005 
  3.25  General              71,585,000    71,600,000
  3.26  Special Revenue         635,000       635,000
  3.27  State Government 
  3.28  Special Revenue           7,000         7,000
  3.29  Environmental            49,000        49,000
  3.30  Trunk Highway           361,000       361,000
  3.31  [APPROPRIATIONS FOR PROGRAMS.] The 
  3.32  amounts that may be spent from this 
  3.33  appropriation for each program are 
  3.34  specified in the following subdivisions.
  3.35  Subd. 2.  Emergency 
  3.36  Management                            6,216,000      6,217,000
  3.37                Summary by Fund
  3.38  General               6,167,000     6,168,000
  3.39  Environmental            49,000        49,000
  3.40  [EQUIPMENT; CHEMICAL ASSESSMENT TEAMS; 
  3.41  DULUTH.] The commissioner may not 
  3.42  relocate or reassign to another 
  3.43  location or chemical assessment team 
  3.44  the equipment currently housed or 
  3.45  stored in or around Duluth and intended 
  3.46  for use by the chemical assessment 
  3.47  teams responsible for responding to 
  3.48  incidents in and around Duluth. 
  4.1   [NONPROFIT AND FAITH-BASED 
  4.2   ORGANIZATIONS; ANTI-TERRORISM GRANTS.] 
  4.3   Notwithstanding any law to the 
  4.4   contrary, nonprofit and faith-based 
  4.5   organizations may apply for and receive 
  4.6   any funds or grants, whether federal or 
  4.7   state, made available for 
  4.8   anti-terrorism efforts that are not 
  4.9   distributed or encumbered for 
  4.10  distribution to public safety entities 
  4.11  within a year of receipt by the 
  4.12  department of public safety.  These 
  4.13  organizations must be considered under 
  4.14  the same criteria applicable to any 
  4.15  other eligible entity and must be given 
  4.16  equal consideration. 
  4.17  Subd. 3.  Criminal 
  4.18  Apprehension                         36,629,000     36,814,000
  4.19                Summary by Fund
  4.20  General              35,626,000    35,811,000
  4.21  Special Revenue         635,000       635,000
  4.22  State Government 
  4.23  Special Revenue           7,000         7,000
  4.24  Trunk Highway           361,000       361,000
  4.25  [COOPERATIVE INVESTIGATION OF 
  4.26  CROSS-JURISDICTIONAL CRIMINAL 
  4.27  ACTIVITY.] $135,000 each year from the 
  4.28  bureau of criminal apprehension account 
  4.29  in the special revenue fund is for 
  4.30  grants to local officials for the 
  4.31  cooperative investigation of 
  4.32  cross-jurisdictional criminal 
  4.33  activity.  Any unencumbered balance 
  4.34  remaining in the first year does not 
  4.35  cancel but is available for the second 
  4.36  year. 
  4.37  [LABORATORY ACTIVITIES.] $500,000 the 
  4.38  first year and $500,000 the second year 
  4.39  from the bureau of criminal 
  4.40  apprehension account in the special 
  4.41  revenue fund are appropriated for 
  4.42  laboratory activities. 
  4.43  [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 
  4.44  Notwithstanding Minnesota Statutes, 
  4.45  section 161.20, subdivision 3, $361,000 
  4.46  the first year and $361,000 the second 
  4.47  year are appropriated from the trunk 
  4.48  highway fund for laboratory analysis 
  4.49  related to driving while impaired cases.
  4.50  [CRIMNET.] The commissioner of public 
  4.51  safety shall develop a plan for using 
  4.52  the base funds appropriated for the 
  4.53  CriMNet policy group, the CriMNet 
  4.54  backbone, and CriMNet suspense file 
  4.55  reductions to further completion of the 
  4.56  CriMNet program.  The commissioner 
  4.57  shall consult with the criminal and 
  4.58  juvenile justice information policy 
  4.59  group and other interested parties on 
  4.60  the development of this plan. 
  5.1   Subd. 4. Fire Marshal                 2,427,000      2,441,000 
  5.2   Subd. 5.  Alcohol and 
  5.3   Gambling Enforcement                  1,622,000      1,622,000 
  5.4   Subd. 6.  Crime Victims Services
  5.5   Center                               21,939,000     21,939,000 
  5.6   Subd. 7.  Law Enforcement and 
  5.7   Community Grants                      3,804,000      3,619,000 
  5.8   The base for this program shall be 
  5.9   $3,554,000 for fiscal year 2006 and 
  5.10  $3,549,000 for fiscal year 2007. 
  5.11  [METH LAB CONTAINMENT TEAMS.] $240,000 
  5.12  the first year and $60,000 the second 
  5.13  year are for grants under Minnesota 
  5.14  Statutes, section 299A.55.  These are 
  5.15  onetime appropriations. 
  5.16  [JUVENILE ASSESSMENT ACCOUNT.] The 
  5.17  balance of the funds in the juvenile 
  5.18  assessment account in the special 
  5.19  revenue fund is transferred to the 
  5.20  general fund on July 1, 2003. 
  5.21  [ADMINISTRATION COSTS.] Up to 2.5 
  5.22  percent of the grant funds appropriated 
  5.23  in this subdivision may be used to 
  5.24  administer the grant programs. 
  5.25  Sec. 10.  PEACE OFFICERS STANDARDS
  5.26  BOARD (POST)                          3,943,000      3,943,000
  5.27  This appropriation is from the peace 
  5.28  officers training account in the 
  5.29  special revenue fund.  Any receipts 
  5.30  credited to that account in the first 
  5.31  year in excess of $3,943,000 must be 
  5.32  transferred and credited to the general 
  5.33  fund.  Any receipts credited to that 
  5.34  account in the second year in excess of 
  5.35  $3,943,000 must be transferred and 
  5.36  credited to the general fund. 
  5.37  Sec. 11.  PRIVATE DETECTIVE BOARD        126,000        126,000
  5.38  Sec. 12.  HUMAN RIGHTS                 3,580,000      3,550,000
  5.39  Sec. 13.  CORRECTIONS                                          
  5.40  Subdivision 1.  Total 
  5.41  Appropriation                        358,158,000    362,862,000
  5.42                          Summary by Fund
  5.43  General Fund        357,158,000    361,862,000
  5.44  Special Revenue       1,000,000      1,000,000
  5.45  The amounts that may be spent from this 
  5.46  appropriation for each program are 
  5.47  specified in the following subdivisions.
  5.48  [FEASIBILITY OF DOUBLE BUNKING AT LOCAL 
  5.49  JAILS.] The commissioner of corrections 
  5.50  must work with the Minnesota Sheriff's 
  5.51  Association, the Association of 
  5.52  Minnesota Counties, and Community 
  5.53  Corrections Act counties to review 
  6.1   capacities at local jail facilities and 
  6.2   to determine the feasibility of 
  6.3   increasing capacity by double bunking 
  6.4   inmates. 
  6.5   Subd. 2.  Correctional 
  6.6   Institutions                         237,309,000    240,926,000 
  6.7                           Summary by Fund 
  6.8   General Fund        236,679,000    240,296,000 
  6.9   Special Revenue         630,000        630,000 
  6.10  [CONTRACT FOR BEDS AT RUSH CITY.] If 
  6.11  the commissioner contracts with other 
  6.12  states, local units of government, or 
  6.13  the federal government to rent beds in 
  6.14  the Rush City correctional facility, 
  6.15  the commissioner shall charge a per 
  6.16  diem under the contract, to the extent 
  6.17  possible, that is equal to or greater 
  6.18  than the per diem cost of housing 
  6.19  Minnesota inmates in the facility.  The 
  6.20  per diem cost for housing inmates of 
  6.21  other states, local units of 
  6.22  government, or the federal government 
  6.23  at this facility shall be based on the 
  6.24  assumption that the facility is at or 
  6.25  near capacity.  
  6.26  The commissioner may use the per diem 
  6.27  appropriation, up to $300,000, for the 
  6.28  pre-design of the renovation and 1,161 
  6.29  bed expansion at the Minnesota 
  6.30  Correctional Facility-Faribault.  The 
  6.31  commissioner of corrections, in 
  6.32  consultation with the commissioner of 
  6.33  administration, must issue a request 
  6.34  for information by August 1, 2003, for 
  6.35  one or more vendors regarding the cost 
  6.36  of expansion, renovation, and the 
  6.37  operation of the Minnesota correctional 
  6.38  facility-Faribault or the construction 
  6.39  and operation of a medium custody, 
  6.40  stand alone facility with approximately 
  6.41  1,000 beds.  By January 15, 2004, the 
  6.42  commissioner of corrections shall 
  6.43  report to the chairs and ranking 
  6.44  members of the legislative committees 
  6.45  having jurisdiction over corrections 
  6.46  and capital investment on cost 
  6.47  comparisons of the request for 
  6.48  information and the pre-design.  
  6.49  Notwithstanding any laws to the 
  6.50  contrary, the commissioner may use the 
  6.51  remaining per diem appropriation to 
  6.52  operate the state correctional system. 
  6.53  Subd. 3.  Juvenile Services           13,007,000     13,007,000 
  6.54  Subd. 4.  Community Services          92,945,000     94,032,000 
  6.55                          Summary by Fund 
  6.56  General Fund         92,825,000     93,912,000
  6.57  Special Revenue         120,000        120,000
  6.58  [MILLE LACS COUNTY PROBATION SERVICES.] 
  6.59  $373,000 the first year and $373,000 
  7.1   the second year are for an increase in 
  7.2   probation services provided to Mille 
  7.3   Lacs County.  It is anticipated that 
  7.4   the county will reimburse the state for 
  7.5   these costs and that these proceeds 
  7.6   will be deposited in the general fund. 
  7.7   [BELTRAMI COUNTY PROBATION SERVICES.] 
  7.8   $61,000 the first year and $61,000 the 
  7.9   second year are for an increase in 
  7.10  probation support services provided to 
  7.11  Beltrami County.  It is anticipated 
  7.12  that the county will reimburse the 
  7.13  state for these costs and that these 
  7.14  proceeds will be deposited in the 
  7.15  general fund. 
  7.16  $2,500,000 each year is for grants to 
  7.17  counties to offset the cost of housing 
  7.18  short-term offenders with less than six 
  7.19  months to serve as required by article 
  7.20  5.  The commissioner shall distribute 
  7.21  the grants based on the average number 
  7.22  of short-term offenders coming from 
  7.23  each county in fiscal years 2002 and 
  7.24  2003.  These grants are available until 
  7.25  June 30, 2007. 
  7.26  Subd. 5.  Operations Support          14,897,000     14,897,000 
  7.27                          Summary by Fund
  7.28  General Fund         14,647,000     14,647,000
  7.29  Special Revenue         250,000        250,000
  7.30  Sec. 14.  SENTENCING GUIDELINES          436,000        436,000
  7.31  [REPORT ON DRUG OFFENDER SENTENCING.] 
  7.32  The sentencing guidelines commission, 
  7.33  in consultation with the commissioner 
  7.34  of corrections, shall prepare a report 
  7.35  and make recommendations regarding the 
  7.36  following drug offender sentencing 
  7.37  issues: 
  7.38  (1) the evolution of Minnesota's drug 
  7.39  sentencing laws, the annual proportion 
  7.40  of prisoners incarcerated for drug 
  7.41  crimes in Minnesota state prisons over 
  7.42  the past 20 years, the annual cost of 
  7.43  incarcerating drug offenders in 
  7.44  Minnesota state prisons over the past 
  7.45  20 years, the effectiveness of drug 
  7.46  courts, and current programs that 
  7.47  employ alternatives to incarceration 
  7.48  for drug offenders in Minnesota state 
  7.49  prisons; 
  7.50  (2) the average and the range of 
  7.51  criminal history scores for each level 
  7.52  of drug offender currently incarcerated 
  7.53  in Minnesota state prisons; 
  7.54  (3) the proportionality of Minnesota's 
  7.55  drug sentencing provisions when 
  7.56  compared to sentencing provisions for 
  7.57  other crimes in Minnesota; 
  7.58  (4) the proportionality of Minnesota's 
  7.59  drug sentencing provisions when 
  8.1   compared to other states' drug 
  8.2   sentencing provisions; 
  8.3   (5) the amount of Minnesota's prison 
  8.4   and jail beds occupied by all drug 
  8.5   offenders and all nonviolent drug 
  8.6   offenders; 
  8.7   (6) the type and quantity of Minnesota 
  8.8   correctional resources that are 
  8.9   dedicated to all drug offenders and to 
  8.10  all nonviolent drug offenders; 
  8.11  (7) the projected annual cost to the 
  8.12  department of corrections of 
  8.13  incarcerating all drug offenders and 
  8.14  all nonviolent drug offenders in state 
  8.15  prisons over the next ten years; 
  8.16  (8) the cost-savings to the department 
  8.17  of corrections by not incarcerating 
  8.18  nonviolent drug offenders and sending 
  8.19  them to noncustodial drug treatment 
  8.20  instead; 
  8.21  (9) the recidivism rate for drug 
  8.22  offenders, in Minnesota and other 
  8.23  states, who are sent to noncustodial 
  8.24  drug treatment rather than 
  8.25  incarceration; and 
  8.26  (10) the cost-savings to the department 
  8.27  of corrections of sentencing nonviolent 
  8.28  drug offenders to home detention 
  8.29  employing electronic monitoring at the 
  8.30  offender's expense. 
  8.31  For purposes of this report, nonviolent 
  8.32  drug offenders are those who were 
  8.33  convicted of violating sections 
  8.34  152.023, 152.024, and 152.025, and were 
  8.35  not also convicted of a violent crime, 
  8.36  as that term is defined in section 
  8.37  609.1095.  The sentencing guidelines 
  8.38  commission must present the report and 
  8.39  recommendations to the chairs and 
  8.40  ranking minority members of the house 
  8.41  and senate committees having 
  8.42  jurisdiction over criminal justice 
  8.43  policy and financing by January 15, 
  8.44  2004. 
  8.45  Sec. 15.  DEPARTMENT OF                 770,000     ..,...,...
  8.46  HUMAN SERVICES 
  8.47  Sec. 16.   DEFICIENCY 
  8.48  APPROPRIATION 
  8.49   FISCAL YEAR 2003  
  8.50  General     35,000 
  8.51  [SPECIAL HEARING COSTS.] This 
  8.52  appropriation for fiscal year 2003 is 
  8.53  added to the appropriation in Laws 
  8.54  2001, First Special Session chapter 8, 
  8.55  article 4, section 5, to the board on 
  8.56  judicial standards and is to fund costs 
  8.57  of a public hearing for a judge.  This 
  8.58  appropriation is available the day 
  8.59  following final enactment and is 
  9.1   available until June 30, 2003. 
  9.2   Sec. 17.  SUNSET OF UNCODIFIED 
  9.3   LANGUAGE 
  9.4   All uncodified language contained in 
  9.5   this article expires on June 30, 2005, 
  9.6   unless a different expiration date is 
  9.7   explicit. 
  9.8      Sec. 18.  [EFFECTIVE DATE.] 
  9.9      This article is effective July 1, 2003, unless otherwise 
  9.10  noted. 
  9.11                             ARTICLE 2 
  9.12                            COURT POLICY 
  9.13     Section 1.  Minnesota Statutes 2002, section 8.06, is 
  9.14  amended to read: 
  9.15     8.06 [ATTORNEY FOR STATE OFFICERS, BOARDS, OR COMMISSIONS; 
  9.16  EMPLOY COUNSEL.] 
  9.17     The attorney general shall act as the attorney for all 
  9.18  state officers and all boards or commissions created by law in 
  9.19  all matters pertaining to their official duties.  When requested 
  9.20  by the attorney general, it shall be the duty of any county 
  9.21  attorney of the state to appear within the county and act as 
  9.22  attorney for any such board, commission, or officer in any court 
  9.23  of such county.  The attorney general may, upon request in 
  9.24  writing, employ, and fix the compensation of, a special attorney 
  9.25  for any such board, commission, or officer when, in the attorney 
  9.26  general's judgment, the public welfare will be promoted 
  9.27  thereby.  Such special attorney's fees or salary shall be paid 
  9.28  from the appropriation made for such board, commission, or 
  9.29  officer.  Except as herein provided, no board, commission, or 
  9.30  officer shall hereafter employ any attorney at the expense of 
  9.31  the state.  
  9.32     Whenever the attorney general, the governor, and the chief 
  9.33  justice of the supreme court shall certify, in writing, filed in 
  9.34  the office of the secretary of state, that it is necessary, in 
  9.35  the proper conduct of the legal business of the state, either 
  9.36  civil or criminal, that the state employ additional counsel, the 
  9.37  attorney general, the governor, or the chief justice of the 
  9.38  supreme court shall thereupon be authorized to employ authorize 
 10.1   the employment of such counsel and, with the governor and the 
 10.2   chief justice, fix the additional counsel's compensation.  
 10.3   Except as herein stated, no additional counsel shall be employed 
 10.4   and the legal business of the state shall be performed 
 10.5   exclusively by the attorney general and the attorney general's 
 10.6   assistants. 
 10.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 10.8      Sec. 2.  Minnesota Statutes 2002, section 243.49, is 
 10.9   amended to read: 
 10.10     243.49 [COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.] 
 10.11     If so directed by the court, upon a plea of guilty or 
 10.12  finding of guilty after trial, the court administrator of every 
 10.13  a court which sentences a defendant for a felony or gross 
 10.14  misdemeanor to the custody of the commissioner of corrections or 
 10.15  to the superintendent of the work house or work farm, shall 
 10.16  provide the officer or person having custody of the defendant a 
 10.17  certified record for commitment, including (1) a copy of the 
 10.18  indictment and plea, (2) a transcript of the sentencing 
 10.19  proceedings, with the date thereof, together with the 
 10.20  defendant's statement under oath, if obtained, as to the 
 10.21  defendant's true name, residence, if any, the date and place of 
 10.22  birth, the names and addresses of parents and other relatives 
 10.23  and of employers and others who know the defendant well, social 
 10.24  and other affiliations, past occupations and employments, former 
 10.25  places of residence and the period of time and the dates the 
 10.26  defendant has resided in each, citizenship, the number, dates, 
 10.27  places and causes of any prior convictions, and (3) if the 
 10.28  person pleaded guilty, a transcript of the sentencing 
 10.29  proceedings.  If prepared, the record shall also include the 
 10.30  trial judge's impressions of the defendant's mental and physical 
 10.31  condition, general character, capacity, disposition, habits and 
 10.32  special needs.  The court reporter shall provide the required 
 10.33  necessary transcripts.  The certified record for commitment may 
 10.34  be used as evidence in any postconviction proceeding brought by 
 10.35  the defendant.  If so directed by the court, the court 
 10.36  administrator shall also deliver to the sheriff or other officer 
 11.1   or person conveying the defendant to the correctional facility, 
 11.2   work house, or work farm designated by the commissioner of 
 11.3   corrections or the judge a warrant of commitment together with a 
 11.4   certified copy of the warrant directing the conveyor to deliver 
 11.5   the person and the certified record for commitment to the 
 11.6   principal officer in charge of the correctional facility, work 
 11.7   house, or work farm.  Upon the delivery of any person, the 
 11.8   principal officer in charge of the correctional facility, work 
 11.9   house, or work farm shall keep the certified copy of the warrant 
 11.10  of commitment and endorse the principal officer's receipt upon 
 11.11  the original, which shall be filed with the sentencing court.  
 11.12  The court administrator shall retain one copy of the required 
 11.13  transcripts, and a tape recording and the court reporter's notes 
 11.14  of all other proceedings. 
 11.15     Sec. 3.  Minnesota Statutes 2002, section 357.021, 
 11.16  subdivision 2, is amended to read: 
 11.17     Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
 11.18  collected by the court administrator shall be as follows: 
 11.19     (1) In every civil action or proceeding in said court, 
 11.20  including any case arising under the tax laws of the state that 
 11.21  could be transferred or appealed to the tax court, the 
 11.22  plaintiff, petitioner, or other moving party shall pay, when the 
 11.23  first paper is filed for that party in said action, a fee of 
 11.24  $135 $250. 
 11.25     The defendant or other adverse or intervening party, or any 
 11.26  one or more of several defendants or other adverse or 
 11.27  intervening parties appearing separately from the others, shall 
 11.28  pay, when the first paper is filed for that party in said 
 11.29  action, a fee of $135 $250. 
 11.30     The party requesting a trial by jury shall pay $75. 
 11.31     The fees above stated shall be the full trial fee 
 11.32  chargeable to said parties irrespective of whether trial be to 
 11.33  the court alone, to the court and jury, or disposed of without 
 11.34  trial, and shall include the entry of judgment in the action, 
 11.35  but does not include copies or certified copies of any papers so 
 11.36  filed or proceedings under chapter 103E, except the provisions 
 12.1   therein as to appeals. 
 12.2      (2) Certified copy of any instrument from a civil or 
 12.3   criminal proceeding, $10, and $5 for an uncertified copy. 
 12.4      (3) Issuing a subpoena, $3 $6 for each name. 
 12.5      (4) Issuing an execution and filing the return thereof; 
 12.6   issuing a writ of attachment, injunction, habeas corpus, 
 12.7   mandamus, quo warranto, certiorari, or other writs not 
 12.8   specifically mentioned, $10 $20. 
 12.9      (5) Issuing a transcript of judgment, or for filing and 
 12.10  docketing a transcript of judgment from another court, $7.50 $15.
 12.11     (6) Filing and entering a satisfaction of judgment, partial 
 12.12  satisfaction, or assignment of judgment, $5. 
 12.13     (7) Certificate as to existence or nonexistence of 
 12.14  judgments docketed, $5 for each name certified to. 
 12.15     (8) Filing and indexing trade name; or recording basic 
 12.16  science certificate; or recording certificate of physicians, 
 12.17  osteopaths, chiropractors, veterinarians, or optometrists, $5. 
 12.18     (9) For the filing of each partial, final, or annual 
 12.19  account in all trusteeships, $10 $20. 
 12.20     (10) For the deposit of a will, $5 $10. 
 12.21     (11) For recording notary commission, $25 $50, of which, 
 12.22  notwithstanding subdivision 1a, paragraph (b), $20 $40 must be 
 12.23  forwarded to the state treasurer to be deposited in the state 
 12.24  treasury and credited to the general fund. 
 12.25     (12) Filing a motion or response to a motion for 
 12.26  modification of child support, a fee fixed by rule or order of 
 12.27  the supreme court.  
 12.28     (13) Filing a motion or response to a motion in civil, 
 12.29  family, excluding child support, and guardianship cases, $25. 
 12.30     (14) All other services required by law for which no fee is 
 12.31  provided, such fee as compares favorably with those herein 
 12.32  provided, or such as may be fixed by rule or order of the court. 
 12.33     (14) (15) In addition to any other filing fees under this 
 12.34  chapter, a surcharge in the amount of $75 must be assessed in 
 12.35  accordance with section 259.52, subdivision 14, for each 
 12.36  adoption petition filed in district court to fund the fathers' 
 13.1   adoption registry under section 259.52. 
 13.2      The fees in clauses (3) and (4) need not be paid by a 
 13.3   public authority or the party the public authority represents. 
 13.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 13.5      Sec. 4.  Minnesota Statutes 2002, section 357.022, is 
 13.6   amended to read: 
 13.7      357.022 [CONCILIATION COURT FEE.] 
 13.8      The court administrator in every county shall charge and 
 13.9   collect a filing fee of $25 where the amount demanded is less 
 13.10  than $2,000 and $35 where the amount demanded is $2,000 or more 
 13.11  $50 from every plaintiff and from every defendant when the first 
 13.12  paper for that party is filed in any conciliation court action.  
 13.13  This section does not apply to conciliation court actions filed 
 13.14  by the state.  The court administrator shall transmit the fees 
 13.15  monthly to the state treasurer for deposit in the state treasury 
 13.16  and credit to the general fund. 
 13.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 13.18     Sec. 5.  Minnesota Statutes 2002, section 357.08, is 
 13.19  amended to read: 
 13.20     357.08 [PAID BY APPELLANT IN APPEAL.] 
 13.21     There shall be paid to the clerk of the appellate courts by 
 13.22  the appellant, or moving party or person requiring the service, 
 13.23  in all cases of appeal, certiorari, habeas corpus, mandamus, 
 13.24  injunction, prohibition, or other original proceeding, when 
 13.25  initially filed with the clerk of the appellate courts, the sum 
 13.26  of $250 $500 to the clerk of the appellate courts.  An 
 13.27  additional filing fee of $100 shall be required for a petition 
 13.28  for accelerated review by the supreme court.  A filing fee 
 13.29  of $250 $500 shall be paid to the clerk of the appellate courts 
 13.30  upon the filing of a petition for review from a decision of the 
 13.31  court of appeals.  A filing fee of $250 $500 shall be paid to 
 13.32  the clerk of the appellate courts upon the filing of a petition 
 13.33  for permission to appeal.  A filing fee of $100 shall be paid to 
 13.34  the clerk of the appellate courts upon the filing by a 
 13.35  respondent of a notice of review.  The clerk shall transmit the 
 13.36  fees to the state treasurer for deposit in the state treasury 
 14.1   and credit to the general fund.  
 14.2      The clerk shall not file any paper, issue any writ or 
 14.3   certificate, or perform any service enumerated herein, until the 
 14.4   payment has been made for it.  The clerk shall pay the sum into 
 14.5   the state treasury as provided for by section 15A.01.  
 14.6      The charges provided for shall not apply to disbarment 
 14.7   proceedings, nor to an action or proceeding by the state taken 
 14.8   solely in the public interest, where the state is the appellant 
 14.9   or moving party, nor to copies of the opinions of the court 
 14.10  furnished by the clerk to the parties before judgment, or 
 14.11  furnished to the district judge whose decision is under review, 
 14.12  or to such law library associations in counties having a 
 14.13  population exceeding 50,000, as the court may direct. 
 14.14     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 14.15     Sec. 6.  Minnesota Statutes 2002, section 546.27, is 
 14.16  amended to read: 
 14.17     546.27 [DECISION BY THE COURT.] 
 14.18     Subdivision 1.  [WRITTEN DECISIONS REQUIRED.] (a) When an 
 14.19  issue of fact has been tried by the court, the decision shall be 
 14.20  in writing, the facts found and the conclusion of law shall be 
 14.21  separately stated, and judgment shall be entered accordingly.  
 14.22  Except as provided in paragraph (b), all questions of fact and 
 14.23  law, and all motions and matters submitted to a judge for a 
 14.24  decision in trial and appellate matters, shall be disposed of 
 14.25  and the decision filed with the court administrator within 90 
 14.26  days after such submission the time period for disposition 
 14.27  established by the chief justice, unless sickness or casualty 
 14.28  shall prevent, or the time be extended by written consent of the 
 14.29  parties.  No part of the salary of any judge shall be paid 
 14.30  unless the voucher therefor be accompanied by a certificate of 
 14.31  the judge that there has been full compliance with the 
 14.32  requirements of this section. 
 14.33     (b) If a hearing has been held on a petition under chapter 
 14.34  260 involving physical or sexual abuse of a child who is alleged 
 14.35  to be in need of protection or services or neglected and in 
 14.36  foster care, the decision must be filed within 15 days after the 
 15.1   matter is submitted to the judge. 
 15.2      Subd. 2.  [BOARD OF JUDICIAL STANDARDS REVIEW.] At least 
 15.3   annually, the board on judicial standards shall review the 
 15.4   compliance of each district, county, or municipal judge with the 
 15.5   provisions of subdivision 1.  To facilitate this review, the 
 15.6   director of the state judicial information system shall notify 
 15.7   the executive secretary of the state board on judicial standards 
 15.8   when a matter exceeds 90 days without a disposition the time 
 15.9   period for disposition established by the chief justice.  The 
 15.10  board shall notify the commissioner of finance of each judge not 
 15.11  in compliance.  If the board finds that a judge has compelling 
 15.12  reasons for noncompliance, it may decide not to issue the 
 15.13  notice.  Upon notification that a judge is not in compliance, 
 15.14  the commissioner of finance shall not pay the salary of that 
 15.15  judge.  The board may cancel a notice of noncompliance upon 
 15.16  finding that a judge is in compliance, but in no event shall a 
 15.17  judge be paid a salary for the period in which the notification 
 15.18  of noncompliance was in effect. 
 15.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 15.20     Sec. 7.  Minnesota Statutes 2002, section 550.36, is 
 15.21  amended to read: 
 15.22     550.36 [STAY OF EXECUTION ON MONEY JUDGMENT; LIMITATION ON 
 15.23  BOND AMOUNT.] 
 15.24     (a) Subject to the limitation in paragraph (b), execution 
 15.25  of a judgment for the payment of money only shall be stayed for 
 15.26  six months during the course of all appeals or discretionary 
 15.27  appellate reviews of a judgment if, within ten days after the 
 15.28  entry thereof, the judgment debtor shall file with the court 
 15.29  administrator a bond, running to the judgment creditor, the 
 15.30  creditor's personal representatives and assigns, in double the 
 15.31  amount of the judgment, to be approved by the court, and 
 15.32  conditioned for the payment of the judgment, with interest 
 15.33  during the time for which the stay is granted.  Interest shall 
 15.34  be computed in the same manner and at the same rate provided for 
 15.35  interest on verdicts in section 549.09.  Within two days 
 15.36  thereafter notice that such bond has been filed, with a copy of 
 16.1   the same, shall be served on the judgment creditor, if the 
 16.2   creditor be a resident of the county, or upon the creditor's 
 16.3   agent or attorney, if the creditor has one, and the judgment 
 16.4   creditor may except to the sufficiency of the bond; and, upon 
 16.5   the creditor's application upon notice or order to show cause, 
 16.6   the court, if it find the bond insufficient, may order execution 
 16.7   to issue notwithstanding the same, unless the judgment debtor 
 16.8   give such further bond as it shall deem sufficient.  If the 
 16.9   condition of any such bond be not performed, the execution shall 
 16.10  issue for the amount of the judgment, with interest and costs, 
 16.11  against the judgment debtor and the sureties.  When an execution 
 16.12  issues against sureties the officer shall certify in the return 
 16.13  what amount, if any, was collected from them and the date 
 16.14  thereof.  If a stay be granted after execution issued, any levy 
 16.15  made thereon shall be released and the execution shall be 
 16.16  returned and the reason noted by the officer. 
 16.17     (b)(1) Notwithstanding paragraph (a) or any other provision 
 16.18  of law or court rule to the contrary, if a plaintiff in a civil 
 16.19  action obtains a judgment under any legal theory that requires 
 16.20  any defendant to make payments in order to comply with the 
 16.21  judgment, the amount of the appeal bond necessary to stay 
 16.22  execution during the course of all appeals or discretionary 
 16.23  reviews of that judgment by an appellate court shall be set in 
 16.24  accordance with applicable laws or court rules, except that the 
 16.25  total appeal bond that is required of all appellants shall not 
 16.26  exceed $25,000,000 regardless of the value of the judgment. 
 16.27     (2) Notwithstanding clause (1), if a judgment creditor 
 16.28  proves by a preponderance of the evidence that a judgment debtor 
 16.29  is dissipating assets outside the ordinary course of business to 
 16.30  avoid payment of a judgment, a court may enter orders that: 
 16.31     (i) are necessary to protect the judgment creditor; and 
 16.32     (ii) require the judgment debtor to post a bond that is 
 16.33  equal to the total amount of the judgment. 
 16.34     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 16.35  following final enactment and applies to all cases pending on or 
 16.36  filed after that date. 
 17.1      Sec. 8.  Minnesota Statutes 2002, section 609.101, 
 17.2   subdivision 4, is amended to read: 
 17.3      Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
 17.4   any other law: 
 17.5      (1) when a court sentences a person convicted of a felony 
 17.6   that is not listed in subdivision 2 or 3, it must impose a fine 
 17.7   of not less than 30 percent of the maximum fine authorized by 
 17.8   law nor more than the maximum fine authorized by law; and 
 17.9      (2) when a court sentences a person convicted of a gross 
 17.10  misdemeanor or misdemeanor that is not listed in subdivision 2, 
 17.11  it must impose a fine of not less than 30 percent of the maximum 
 17.12  fine authorized by law nor more than the maximum fine authorized 
 17.13  by law, unless the fine is set at a lower amount on a uniform 
 17.14  fine schedule established by the conference of chief judges in 
 17.15  consultation with affected state and local agencies.  This 
 17.16  schedule shall be promulgated not later than January September 1 
 17.17  of each year and shall become effective on August January 1 of 
 17.18  that the next year unless the legislature, by law, provides 
 17.19  otherwise. 
 17.20     The minimum fine required by this subdivision is in 
 17.21  addition to the surcharge or assessment required by section 
 17.22  357.021, subdivision 6, and is in addition to any sentence of 
 17.23  imprisonment or restitution imposed or ordered by the court. 
 17.24     The court shall collect the fines mandated in this 
 17.25  subdivision and, except for fines for traffic and motor vehicle 
 17.26  violations governed by section 169.871 and section 299D.03 and 
 17.27  fish and game violations governed by section 97A.065, forward 20 
 17.28  percent of the revenues to the state treasurer for deposit in 
 17.29  the general fund. 
 17.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 17.31     Sec. 9.  Minnesota Statutes 2002, section 609.115, 
 17.32  subdivision 1, is amended to read: 
 17.33     Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
 17.34  defendant has been convicted of a misdemeanor or, gross 
 17.35  misdemeanor, or felony, the court may, and when the defendant 
 17.36  has been convicted of a felony, the court shall, before sentence 
 18.1   is imposed, cause a presentence investigation and written report 
 18.2   to be made to the court concerning the defendant's individual 
 18.3   characteristics, circumstances, needs, potentialities, criminal 
 18.4   record and social history, the circumstances of the offense and 
 18.5   the harm caused by it to others and to the community.  At the 
 18.6   request of the prosecutor in a gross misdemeanor case, the court 
 18.7   shall order that a presentence investigation and report be 
 18.8   prepared.  The investigation shall be made by a probation 
 18.9   officer of the court, if there is one; otherwise it shall be 
 18.10  made by the commissioner of corrections.  The officer conducting 
 18.11  the presentence or predispositional investigation shall make 
 18.12  reasonable and good faith efforts to contact and provide the 
 18.13  victim with the information required under section 611A.037, 
 18.14  subdivision 2.  Presentence investigations shall be conducted 
 18.15  and summary hearings held upon reports and upon the sentence to 
 18.16  be imposed upon the defendant in accordance with this section, 
 18.17  section 244.10, and the Rules of Criminal Procedure. 
 18.18     (b) When the crime is a violation of sections 609.561 to 
 18.19  609.563, 609.5641, or 609.576 and involves a fire, the report 
 18.20  shall include a description of the financial and physical harm 
 18.21  the offense has had on the public safety personnel who responded 
 18.22  to the fire.  For purposes of this paragraph, "public safety 
 18.23  personnel" means the state fire marshal; employees of the 
 18.24  division of the state fire marshal; firefighters, regardless of 
 18.25  whether the firefighters receive any remuneration for providing 
 18.26  services; peace officers, as defined in section 626.05, 
 18.27  subdivision 2; individuals providing emergency management 
 18.28  services; and individuals providing emergency medical services. 
 18.29     (c) When the crime is a felony violation of chapter 152 
 18.30  involving the sale or distribution of a controlled substance, 
 18.31  the report shall include a description of any adverse social or 
 18.32  economic effects the offense has had on persons who reside in 
 18.33  the neighborhood where the offense was committed. 
 18.34     (d) The report shall also include the information relating 
 18.35  to crime victims required under section 611A.037, subdivision 1. 
 18.36  If the court directs, the report shall include an estimate of 
 19.1   the prospects of the defendant's rehabilitation and 
 19.2   recommendations as to the sentence which should be imposed.  In 
 19.3   misdemeanor cases the report may be oral. 
 19.4      (e) When a defendant has been convicted of a felony, and 
 19.5   before sentencing, the court shall cause a sentencing worksheet 
 19.6   to be completed to facilitate the application of the Minnesota 
 19.7   sentencing guidelines.  The worksheet shall be submitted as part 
 19.8   of the presentence investigation report. 
 19.9      (f) When a person is convicted of a felony for which the 
 19.10  sentencing guidelines presume that the defendant will be 
 19.11  committed to the commissioner of corrections under an executed 
 19.12  sentence and no motion for a sentencing departure has been made 
 19.13  by counsel, the court may, when there is no space available in 
 19.14  the local correctional facility, commit the defendant to the 
 19.15  custody of the commissioner of corrections, pending completion 
 19.16  of the presentence investigation and report.  When a defendant 
 19.17  is convicted of a felony for which the sentencing guidelines do 
 19.18  not presume that the defendant will be committed to the 
 19.19  commissioner of corrections, or for which the sentencing 
 19.20  guidelines presume commitment to the commissioner but counsel 
 19.21  has moved for a sentencing departure, the court may commit the 
 19.22  defendant to the commissioner with the consent of the 
 19.23  commissioner, pending completion of the presentence 
 19.24  investigation and report.  The county of commitment shall return 
 19.25  the defendant to the court when the court so orders. 
 19.26     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003 
 19.27  and applies to crimes committed on or after that date. 
 19.28     Sec. 10.  [REPEALER.] 
 19.29     Minnesota Statutes 2002, section 626A.17, is repealed 
 19.30  effective July 1, 2003. 
 19.31                             ARTICLE 3 
 19.32                           PUBLIC DEFENSE
 19.33     Section 1.  Minnesota Statutes 2002, section 270A.03, 
 19.34  subdivision 5, is amended to read: 
 19.35     Subd. 5.  [DEBT.] "Debt" means a legal obligation of a 
 19.36  natural person to pay a fixed and certain amount of money, which 
 20.1   equals or exceeds $25 and which is due and payable to a claimant 
 20.2   agency.  The term includes criminal fines imposed under section 
 20.3   609.10 or 609.125 and restitution.  The term also includes the 
 20.4   co-payment for the appointment of a district public defender 
 20.5   imposed under section 611.17, paragraph (c).  A debt may arise 
 20.6   under a contractual or statutory obligation, a court order, or 
 20.7   other legal obligation, but need not have been reduced to 
 20.8   judgment.  
 20.9      A debt includes any legal obligation of a current recipient 
 20.10  of assistance which is based on overpayment of an assistance 
 20.11  grant where that payment is based on a client waiver or an 
 20.12  administrative or judicial finding of an intentional program 
 20.13  violation; or where the debt is owed to a program wherein the 
 20.14  debtor is not a client at the time notification is provided to 
 20.15  initiate recovery under this chapter and the debtor is not a 
 20.16  current recipient of food stamps, transitional child care, or 
 20.17  transitional medical assistance. 
 20.18     A debt does not include any legal obligation to pay a 
 20.19  claimant agency for medical care, including hospitalization if 
 20.20  the income of the debtor at the time when the medical care was 
 20.21  rendered does not exceed the following amount: 
 20.22     (1) for an unmarried debtor, an income of $8,800 or less; 
 20.23     (2) for a debtor with one dependent, an income of $11,270 
 20.24  or less; 
 20.25     (3) for a debtor with two dependents, an income of $13,330 
 20.26  or less; 
 20.27     (4) for a debtor with three dependents, an income of 
 20.28  $15,120 or less; 
 20.29     (5) for a debtor with four dependents, an income of $15,950 
 20.30  or less; and 
 20.31     (6) for a debtor with five or more dependents, an income of 
 20.32  $16,630 or less.  
 20.33     The income amounts in this subdivision shall be adjusted 
 20.34  for inflation for debts incurred in calendar years 2001 and 
 20.35  thereafter.  The dollar amount of each income level that applied 
 20.36  to debts incurred in the prior year shall be increased in the 
 21.1   same manner as provided in section 1(f) of the Internal Revenue 
 21.2   Code of 1986, as amended through December 31, 2000, except that 
 21.3   for the purposes of this subdivision the percentage increase 
 21.4   shall be determined from the year starting September 1, 1999, 
 21.5   and ending August 31, 2000, as the base year for adjusting for 
 21.6   inflation for debts incurred after December 31, 2000. 
 21.7      Debt also includes an agreement to pay a MinnesotaCare 
 21.8   premium, regardless of the dollar amount of the premium 
 21.9   authorized under section 256L.15, subdivision 1a. 
 21.10     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003, 
 21.11  and applies to crimes committed on or after that date. 
 21.12     Sec. 2.  Minnesota Statutes 2002, section 590.05, is 
 21.13  amended to read: 
 21.14     590.05 [INDIGENT PETITIONERS.] 
 21.15     A person financially unable to obtain counsel who desires 
 21.16  to pursue the remedy provided in section 590.01 may apply for 
 21.17  representation by the state public defender.  The state public 
 21.18  defender shall represent such person under the applicable 
 21.19  provisions of sections 611.14 to 611.27, if the person has not 
 21.20  already had a direct appeal of the conviction.  If, however, the 
 21.21  person pled guilty and received a presumptive sentence or a 
 21.22  downward departure in sentence, and the state public defender 
 21.23  reviewed the person's case and determined that there was no 
 21.24  basis for an appeal of the conviction or of the sentence, then 
 21.25  the state public defender may decline to represent the person in 
 21.26  a postconviction remedy case.  The state public defender may 
 21.27  represent, without charge, all other persons pursuing a 
 21.28  postconviction remedy under section 590.01, who are financially 
 21.29  unable to obtain counsel.  
 21.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 21.31     Sec. 3.  Minnesota Statutes 2002, section 611.14, is 
 21.32  amended to read: 
 21.33     611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
 21.34     The following persons who are financially unable to obtain 
 21.35  counsel are entitled to be represented by a public defender: 
 21.36     (1) a person charged with a felony, gross misdemeanor, or 
 22.1   misdemeanor including a person charged under sections 629.01 to 
 22.2   629.29; 
 22.3      (2) a person appealing from a conviction of a felony or 
 22.4   gross misdemeanor, or a person convicted of a felony or gross 
 22.5   misdemeanor, who is pursuing a postconviction proceeding and who 
 22.6   has not already had a direct appeal of the conviction, but if 
 22.7   the person pled guilty and received a presumptive sentence or a 
 22.8   downward departure in sentence, and the state public defender 
 22.9   reviewed the person's case and determined that there was no 
 22.10  basis for an appeal of the conviction or of the sentence, then 
 22.11  the state public defender may decline to represent the person in 
 22.12  a postconviction remedy case; 
 22.13     (3) a person who is entitled to be represented by counsel 
 22.14  under section 609.14, subdivision 2; or 
 22.15     (4) a minor ten years of age or older who is entitled to be 
 22.16  represented by counsel under section 260B.163, subdivision 4, or 
 22.17  260C.163, subdivision 3. 
 22.18     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 22.19     Sec. 4.  Minnesota Statutes 2002, section 611.17, is 
 22.20  amended to read: 
 22.21     611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.] 
 22.22     Subdivision 1.  [STANDARDS FOR DISTRICT PUBLIC DEFENSE 
 22.23  ELIGIBILITY.] (a) Each judicial district must screen 
 22.24  requests under paragraph (b) for representation by the district 
 22.25  public defender.  A defendant is financially unable to obtain 
 22.26  counsel if: 
 22.27     (1) the defendant, or any dependent of the defendant who 
 22.28  resides in the same household as the defendant, receives 
 22.29  means-tested governmental benefits; or 
 22.30     (2) the defendant, through any combination of liquid assets 
 22.31  and current income, would be unable to pay the reasonable costs 
 22.32  charged by private counsel in that judicial district for a 
 22.33  defense of the same matter. 
 22.34     (b) Upon a request for the appointment of counsel, the 
 22.35  court shall make appropriate inquiry into the financial 
 22.36  circumstances of the applicant, who shall submit a financial 
 23.1   statement under oath or affirmation setting forth the 
 23.2   applicant's assets and liabilities, including the value of any 
 23.3   real property owned by the applicant, whether homestead or 
 23.4   otherwise, less the amount of any encumbrances on the real 
 23.5   property, the source or sources of income, and any other 
 23.6   information required by the court.  The applicant shall be under 
 23.7   a continuing duty while represented by a public defender to 
 23.8   disclose any changes in the applicant's financial circumstances 
 23.9   that might be relevant to the applicant's eligibility for a 
 23.10  public defender.  The state public defender shall furnish 
 23.11  appropriate forms for the financial statements.  The forms must 
 23.12  contain conspicuous notice of the applicant's continuing duty to 
 23.13  disclose to the court changes in the applicant's financial 
 23.14  circumstances.  The forms must also contain conspicuous notice 
 23.15  of the applicant's obligation to make a co-payment for the 
 23.16  services of the district public defender, as specified under 
 23.17  paragraph (c).  The information contained in the statement shall 
 23.18  be confidential and for the exclusive use of the court and the 
 23.19  public defender appointed by the court to represent the 
 23.20  applicant except for any prosecution under section 609.48.  A 
 23.21  refusal to execute the financial statement or produce financial 
 23.22  records constitutes a waiver of the right to the appointment of 
 23.23  a public defender.  The court shall not appoint a district 
 23.24  public defender to a defendant who is financially able to retain 
 23.25  private counsel but refuses to do so. 
 23.26     An inquiry to determine financial eligibility of a 
 23.27  defendant for the appointment of the district public defender 
 23.28  shall be made whenever possible prior to the court appearance 
 23.29  and by such persons as the court may direct.  This inquiry may 
 23.30  be combined with the pre-release investigation provided for in 
 23.31  Minnesota Rule of Criminal Procedure 6.02, subdivision 3.  In no 
 23.32  case shall the district public defender be required to perform 
 23.33  this inquiry or investigate the defendant's assets or 
 23.34  eligibility.  The court has the sole duty to conduct a financial 
 23.35  inquiry.  The inquiry must include the following: 
 23.36     (1) the liquidity of real estate assets, including the 
 24.1   defendant's homestead; 
 24.2      (2) any assets that can be readily converted to cash or 
 24.3   used to secure a debt; 
 24.4      (3) the determination of whether the transfer of an asset 
 24.5   is voidable as a fraudulent conveyance; and 
 24.6      (4) the value of all property transfers occurring on or 
 24.7   after the date of the alleged offense.  The burden is on the 
 24.8   accused to show that he or she is financially unable to afford 
 24.9   counsel.  Defendants who fail to provide information necessary 
 24.10  to determine eligibility shall be deemed ineligible.  The court 
 24.11  must not appoint the district public defender as advisory 
 24.12  counsel. 
 24.13     (c) Upon disposition of the case appointment of the public 
 24.14  defender, an individual who has received receives public 
 24.15  defender services shall be obligated to pay to the court a $28 
 24.16  co-payment for representation provided by a public defender, 
 24.17  unless the co-payment is, or has been, waived by the court.  The 
 24.18  co-payment shall be according to the following schedule: 
 24.19     (1) if the person was charged with a felony, $200; 
 24.20     (2) if the person was charged with a gross misdemeanor, 
 24.21  $100; or 
 24.22     (3) if the person was charged with a misdemeanor, $50. 
 24.23     If the person is a child and was appointed counsel under 
 24.24  the provisions of section 260B.163, subdivision 4, the parents 
 24.25  of the child shall pay to the court a co-payment of $100.  If 
 24.26  the person is a parent of a child and the parent was appointed 
 24.27  counsel under the provisions of section 260C.163, subdivision 3, 
 24.28  the parent shall pay to the court a co-payment of $200. 
 24.29     The co-payment shall be deposited in the state general 
 24.30  fund.  If a term of probation is imposed as a part of an 
 24.31  offender's sentence, the co-payment required by this section 
 24.32  must not be made a condition of probation.  The co-payment 
 24.33  required by this section is a civil obligation and must not be 
 24.34  made a condition of a criminal sentence.  Collection of the 
 24.35  co-payment may be made through the provisions of chapter 270A, 
 24.36  the Revenue Recapture Act. 
 25.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003, 
 25.2   and applies to crimes committed on or after that date. 
 25.3      Sec. 5.  Minnesota Statutes 2002, section 611.18, is 
 25.4   amended to read: 
 25.5      611.18 [APPOINTMENT OF PUBLIC DEFENDER.] 
 25.6      If it appears to a court that a person requesting the 
 25.7   appointment of counsel satisfies the requirements of this 
 25.8   chapter, the court shall order the appropriate public defender 
 25.9   to represent the person at all further stages of the proceeding 
 25.10  through appeal, if any.  For a person appealing from a 
 25.11  conviction, or a person pursuing a postconviction proceeding and 
 25.12  who has not already had a direct appeal of the 
 25.13  conviction, according to the standards of sections 611.14 and 
 25.14  611.25, subdivision 1, paragraph (a), clause (2), the state 
 25.15  public defender shall be appointed.  For a person covered by 
 25.16  section 611.14, clause (1), a district public defender shall be 
 25.17  appointed to represent that person.  If (a) conflicting 
 25.18  interests exist, (b) the district public defender for any other 
 25.19  reason is unable to act, or (c) the interests of justice 
 25.20  require, the state public defender may be ordered to represent a 
 25.21  person.  When the state public defender is directed by a court 
 25.22  to represent a defendant or other person, the state public 
 25.23  defender may assign the representation to any district public 
 25.24  defender.  If at any stage of the proceedings, including an 
 25.25  appeal, the court finds that the defendant is financially unable 
 25.26  to pay counsel whom the defendant had retained, the court may 
 25.27  appoint the appropriate public defender to represent the 
 25.28  defendant, as provided in this section.  Prior to any court 
 25.29  appearance, a public defender may represent a person accused of 
 25.30  violating the law, who appears to be financially unable to 
 25.31  obtain counsel, and shall continue to represent the person 
 25.32  unless it is subsequently determined that the person is 
 25.33  financially able to obtain counsel.  The representation may be 
 25.34  made available at the discretion of the public defender, upon 
 25.35  the request of the person or someone on the person's behalf.  
 25.36  Any law enforcement officer may notify the public defender of 
 26.1   the arrest of any such person. 
 26.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 26.3      Sec. 6.  Minnesota Statutes 2002, section 611.25, 
 26.4   subdivision 1, is amended to read: 
 26.5      Subdivision 1.  [REPRESENTATION.] (a) The state public 
 26.6   defender shall represent, without charge: 
 26.7      (1) a defendant or other person appealing from a conviction 
 26.8   of a felony or gross misdemeanor; 
 26.9      (2) a person convicted of a felony or gross misdemeanor who 
 26.10  is pursuing a postconviction proceeding and who has not already 
 26.11  had a direct appeal of the conviction, but if the person pled 
 26.12  guilty and received a presumptive sentence or a downward 
 26.13  departure in sentence, and the state public defender reviewed 
 26.14  the person's case and determined that there was no basis for an 
 26.15  appeal of the conviction or of the sentence, then the state 
 26.16  public defender may decline to represent the person in a 
 26.17  postconviction remedy case; and 
 26.18     (3) a child who is appealing from a delinquency 
 26.19  adjudication or from an extended jurisdiction juvenile 
 26.20  conviction. 
 26.21     (b) The state public defender may represent, without 
 26.22  charge, all other persons pursuing a postconviction remedy under 
 26.23  section 590.01, who are financially unable to obtain counsel.  
 26.24     (c) The state public defender shall represent any other 
 26.25  person, who is financially unable to obtain counsel, when 
 26.26  directed to do so by the supreme court or the court of appeals, 
 26.27  except that the state public defender shall not represent a 
 26.28  person in any action or proceeding in which a party is seeking a 
 26.29  monetary judgment, recovery or award.  When requested by a 
 26.30  district public defender or appointed counsel, the state public 
 26.31  defender may assist the district public defender, appointed 
 26.32  counsel, or an organization designated in section 611.216 in the 
 26.33  performance of duties, including trial representation in matters 
 26.34  involving legal conflicts of interest or other special 
 26.35  circumstances, and assistance with legal research and brief 
 26.36  preparation.  When the state public defender is directed by a 
 27.1   court to represent a defendant or other person, the state public 
 27.2   defender may assign the representation to any district public 
 27.3   defender. 
 27.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 27.5      Sec. 7.  Minnesota Statutes 2002, section 611.26, 
 27.6   subdivision 6, is amended to read: 
 27.7      Subd. 6.  [PERSONS DEFENDED.] The district public defender 
 27.8   shall represent, without charge, a defendant charged with a 
 27.9   felony, a gross misdemeanor, or misdemeanor when so directed by 
 27.10  the district court.  The district public defender shall also 
 27.11  represent a minor ten years of age or older in the juvenile 
 27.12  court when so directed by the juvenile court.  The district 
 27.13  public defender must not serve as advisory counsel.  The 
 27.14  juvenile court may not order the district public defender to 
 27.15  represent a minor who is under the age of ten years, to serve as 
 27.16  a guardian ad litem, or to represent a guardian ad litem. 
 27.17     Sec. 8.  Minnesota Statutes 2002, section 611.272, is 
 27.18  amended to read: 
 27.19     611.272 [ACCESS TO GOVERNMENT DATA.] 
 27.20     The district public defender, the state public defender, or 
 27.21  an attorney working for a public defense corporation under 
 27.22  section 611.216 has access to the criminal justice data 
 27.23  communications network described in section 299C.46, as provided 
 27.24  in this section.  Access to data under this section is limited 
 27.25  to data regarding the public defender's own client as necessary 
 27.26  to prepare criminal cases in which the public defender has been 
 27.27  appointed, including, but not limited to, criminal history data 
 27.28  under section 13.87; juvenile offender data under section 
 27.29  299C.095; warrant information data under section 299C.115; 
 27.30  incarceration data under section 299C.14; conditional release 
 27.31  data under section 299C.147; and diversion program data under 
 27.32  section 299C.46, subdivision 5.  The public defender does not 
 27.33  have access to law enforcement active investigative data under 
 27.34  section 13.82, subdivision 7; data protected under section 
 27.35  13.82, subdivision 17; or confidential arrest warrant indices 
 27.36  data under section 13.82, subdivision 19.  The public defender 
 28.1   has access to the data at no charge, except for the monthly 
 28.2   network access charge under section 299C.46, subdivision 3, 
 28.3   paragraph (b), and a reasonable installation charge for a 
 28.4   terminal.  Notwithstanding section 13.87, subdivision 3,; 
 28.5   299C.46, subdivision 3, paragraph (b); 299C.48, or any other law 
 28.6   to the contrary, there shall be no charge to public defenders 
 28.7   for Internet access to public criminal history data the criminal 
 28.8   justice data communications network. 
 28.9      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 28.10                             ARTICLE 4 
 28.11                           PUBLIC SAFETY 
 28.12     Section 1.  [299A.55] [METH LAB CONTAINMENT TEAMS.] 
 28.13     Subdivision 1.  [ESTABLISHMENT.] A grant program is 
 28.14  established under the administration of the commissioner of 
 28.15  public safety to assist local communities in their efforts to 
 28.16  contain and clean-up clandestine methamphetamine laboratories 
 28.17  and to preserve evidence for criminal trials. 
 28.18     Subd. 2.  [AWARDING GRANT.] The commissioner of public 
 28.19  safety is the fiscal agent for the grant program and is 
 28.20  responsible for receiving applications for grants and awarding 
 28.21  grants under this section.  Priority must be given to applicants 
 28.22  with high incidences of methamphetamine lab operations in the 
 28.23  applicant's narcotics task force area relative to the area's 
 28.24  population. 
 28.25     Subd. 3.  [GRANT PROCESS; REQUIREMENTS; USES.] (a) A city 
 28.26  may apply for a grant under this section by submitting an 
 28.27  application to the commissioner of public safety on a form 
 28.28  prescribed by the commissioner. 
 28.29     (b) To be eligible for a grant under this section, a city 
 28.30  must: 
 28.31     (1) be a member of a multijurisdictional narcotics task 
 28.32  force; 
 28.33     (2) have a full-time fire and police service; 
 28.34     (3) have on staff at least two peace officers trained by 
 28.35  the federal Drug Enforcement Agency in methamphetamine lab 
 28.36  containment and evidence collection.  If a city does not have 
 29.1   two officers with the training, it must agree to get the 
 29.2   training for at least two officers; and 
 29.3      (4) submit a plan for use of the grant funds that is 
 29.4   prepared in consultation with the other members of the city's 
 29.5   narcotics task force and that addresses how the city will 
 29.6   evaluate and report on the activities of the methamphetamine lab 
 29.7   containment team. 
 29.8      (c) A methamphetamine lab containment team established by a 
 29.9   city must: 
 29.10     (1) be comprised of at least one peace officer and one 
 29.11  firefighter and may utilize additional members and select a 
 29.12  captain or commander; and 
 29.13     (2) provide services throughout the area of the 
 29.14  multijurisdictional narcotics task force, including equipment 
 29.15  disbursement. 
 29.16     (d) A grant awarded under this section may be used for any 
 29.17  methamphetamine lab containment team activities or expenditures 
 29.18  including personnel costs, equipment, travel, and training. 
 29.19     Subd. 4.  [METH LAB CONTAINMENT TEAM POWERS.] A 
 29.20  methamphetamine lab containment team has the same 
 29.21  interjurisdictional authority as its corresponding narcotics 
 29.22  task force.  In addition to methamphetamine lab containment, 
 29.23  clean-up, and evidence collection, the teams may also be used to 
 29.24  secure areas, investigate, and gather evidence of other crimes 
 29.25  involving the use, or suspected or alleged use, of harmful or 
 29.26  volatile substances.  A methamphetamine lab containment team 
 29.27  must coordinate its efforts with a chemical assessment team if 
 29.28  that team also provides services for an incident.  
 29.29     Subd. 5.  [LOCAL MATCH.] A city that receives a grant under 
 29.30  this section must provide a 50 percent match from nonstate 
 29.31  sources.  Of the match amount, up to 50 percent may be from 
 29.32  in-kind contributions including asset contributions or personnel 
 29.33  costs. 
 29.34     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 29.35     Sec. 2.  Minnesota Statutes 2002, section 299C.05, is 
 29.36  amended to read: 
 30.1      299C.05 [DIVISION OF CRIMINAL STATISTICS.] 
 30.2      There is hereby established within the bureau a division of 
 30.3   criminal statistics, and the superintendent, within the limits 
 30.4   of membership herein prescribed, shall appoint a qualified 
 30.5   statistician and one assistant to be in charge thereof.  It 
 30.6   shall be the duty of this division to collect, and preserve as a 
 30.7   record of the bureau, information concerning the number and 
 30.8   nature of offenses known to have been committed in the state, of 
 30.9   the legal steps taken in connection therewith from the inception 
 30.10  of the complaint to the final discharge of the defendant, and 
 30.11  such other information as may be useful in the study of crime 
 30.12  and the administration of justice.  The information so collected 
 30.13  and preserved shall include such data as may be requested by the 
 30.14  United States department of justice, at Washington, under its 
 30.15  national system of crime reporting.  To the extent possible, the 
 30.16  superintendent must utilize a system or standard approved by the 
 30.17  Federal Bureau of Investigation to collect and preserve crime 
 30.18  data. 
 30.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 30.20  following final enactment. 
 30.21     Sec. 3.  Minnesota Statutes 2002, section 299C.06, is 
 30.22  amended to read: 
 30.23     299C.06 [DIVISION POWERS AND DUTIES; COOPERATION.] 
 30.24     It shall be the duty of all sheriffs, chiefs of police, 
 30.25  city marshals, constables, prison wardens, superintendents of 
 30.26  insane hospitals, reformatories and correctional schools, 
 30.27  probation and parole officers, school attendance officers, 
 30.28  coroners, county attorneys, court clerks, the commissioner of 
 30.29  public safety, the commissioner of transportation, and the state 
 30.30  fire marshal to furnish to the division statistics and 
 30.31  information regarding the number of crimes reported and 
 30.32  discovered, arrests made, complaints, informations, and 
 30.33  indictments, filed and the disposition made of same, pleas, 
 30.34  convictions, acquittals, probations granted or denied, 
 30.35  conditional release information, receipts, transfers, and 
 30.36  discharges to and from prisons, reformatories, correctional 
 31.1   schools, and other institutions, paroles granted and revoked, 
 31.2   commutation of sentences and pardons granted and rescinded, and 
 31.3   all other data useful in determining the cause and amount of 
 31.4   crime in this state and to form a basis for the study of crime, 
 31.5   police methods, court procedure, and penal problems. Such 
 31.6   statistics and information shall be furnished upon the request 
 31.7   of the division and upon such forms as may be prescribed and 
 31.8   furnished by it.  Unless otherwise required or permitted by the 
 31.9   superintendent of the bureau of criminal apprehension, an agency 
 31.10  or person furnishing information under this section must utilize 
 31.11  a nationally recognized system or standard approved by the 
 31.12  Federal Bureau of Investigation for reporting statistics and 
 31.13  information.  The division shall have the power to inspect and 
 31.14  prescribe the form and substance of the records kept by those 
 31.15  officials from which the information is so furnished. 
 31.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 31.17  following final enactment. 
 31.18     Sec. 4.  Minnesota Statutes 2002, section 299C.10, 
 31.19  subdivision 4, is amended to read: 
 31.20     Subd. 4.  [FEE FOR BACKGROUND CHECK; ACCOUNT; 
 31.21  APPROPRIATION.] The superintendent shall collect a fee in an 
 31.22  amount to cover the expense for each background check provided 
 31.23  for a purpose not directly related to the criminal justice 
 31.24  system or required by section 624.7131, 624.7132, or 624.714.  
 31.25  The proceeds of the fee must be deposited in a special account.  
 31.26  Money in the account is annually appropriated to the 
 31.27  commissioner to maintain and improve the quality of the criminal 
 31.28  record system in Minnesota.  The superintendent shall collect an 
 31.29  additional handling fee of $7 for FBI background fingerprint 
 31.30  checks. 
 31.31     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 31.32     Sec. 5.  Minnesota Statutes 2002, section 299C.10, is 
 31.33  amended by adding a subdivision to read: 
 31.34     Subd. 5.  [FEE FOR TAKING FINGERPRINTS; ACCOUNT; 
 31.35  APPROPRIATION.] The superintendent may charge a fee of $10 for 
 31.36  the taking of fingerprints for the public when required by an 
 32.1   employer or government entity for either employment or 
 32.2   licensing.  No fee will be charged when there is a question of 
 32.3   whether or not the person is the subject of a criminal history 
 32.4   record.  The proceeds of the fee must be deposited in an account 
 32.5   in the special revenue fund.  Money in the account is annually 
 32.6   appropriated to the commissioner to maintain and improve the 
 32.7   quality of the criminal record system in Minnesota. 
 32.8      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 32.9      Sec. 6.  Minnesota Statutes 2002, section 299C.48, is 
 32.10  amended to read: 
 32.11     299C.48 [CONNECTION BY AUTHORIZED AGENCY; STANDING 
 32.12  APPROPRIATION.] 
 32.13     (a) An agency authorized under section 299C.46, subdivision 
 32.14  3, may connect with and participate in the criminal justice data 
 32.15  communications network upon approval of the commissioner of 
 32.16  public safety; provided, that the agency shall first agree to 
 32.17  pay installation charges as may be necessary for connection and 
 32.18  monthly operational charges as may be established by the 
 32.19  commissioner of public safety.  Before participation by a 
 32.20  criminal justice agency may be approved, the agency must have 
 32.21  executed an agreement with the commissioner providing for 
 32.22  security of network facilities and restrictions on access to 
 32.23  data supplied to and received through the network. 
 32.24     (b) In addition to any fee otherwise authorized, the 
 32.25  commissioner of public safety shall impose a fee for providing 
 32.26  secure dial-up or Internet access for criminal justice agencies 
 32.27  and noncriminal justice agencies.  The following monthly fees 
 32.28  apply: 
 32.29     (1) criminal justice agency accessing via Internet, $15; 
 32.30     (2) criminal justice agency accessing via dial-up, $35; 
 32.31     (3) noncriminal justice agency accessing via Internet, $35; 
 32.32  and 
 32.33     (4) noncriminal justice agency accessing via dial-up, $35. 
 32.34     (c) The installation and monthly operational charges 
 32.35  collected by the commissioner of public safety under paragraph 
 32.36  paragraphs (a) and (b) are annually appropriated to the 
 33.1   commissioner to administer sections 299C.46 to 299C.50. 
 33.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 33.3      Sec. 7.  Minnesota Statutes 2002, section 299F.46, 
 33.4   subdivision 1, is amended to read: 
 33.5      Subdivision 1.  [HOTEL INSPECTION.] (a) It shall be the 
 33.6   duty of the commissioner of public safety to inspect, or cause 
 33.7   to be inspected, at least once every three years, every hotel in 
 33.8   this state; and, for that purpose, the commissioner, or the 
 33.9   commissioner's deputies, or designated alternates or agents 
 33.10  shall have the right to enter or have access thereto at any 
 33.11  reasonable hour; and, when, upon such inspection, it shall be 
 33.12  found that the hotel so inspected does not conform to or is not 
 33.13  being operated in accordance with the provisions of sections 
 33.14  157.011 and 157.15 to 157.22, in so far as the same relate to 
 33.15  fire prevention or fire protection of hotels, or the rules 
 33.16  promulgated thereunder, or is being maintained or operated in 
 33.17  such manner as to violate the Uniform Minnesota State Fire Code 
 33.18  promulgated pursuant to section 299F.011 or any other law of 
 33.19  this state relating to fire prevention and fire protection of 
 33.20  hotels, the commissioner and the deputies or designated 
 33.21  alternates or agents shall report such a situation to the hotel 
 33.22  inspector who shall proceed as provided for in chapter 157. 
 33.23     (b) The word "hotel", as used in this subdivision, has the 
 33.24  meaning given in section 299F.391. 
 33.25     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 33.26     Sec. 8.  Minnesota Statutes 2002, section 299F.46, is 
 33.27  amended by adding a subdivision to read: 
 33.28     Subd. 3.  [INSPECTION FEES.] (a) For each hotel required to 
 33.29  have a fire inspection according to subdivision 1, the 
 33.30  commissioner of public safety is authorized to charge each hotel 
 33.31  a triennial inspection fee of $435 and a per room charge of $5 
 33.32  for one to 18 units; $6 for 19 to 35 units; $7 for 36 to 100 
 33.33  units, and $8 for 100 or more units.  The fee includes one 
 33.34  follow-up inspection.  The commissioner shall charge each resort 
 33.35  a triennial inspection fee of $435 and a per room charge of $5 
 33.36  for one to 10 units; $6 for 11 to 25 units; and $7 for 26 or 
 34.1   more units.  
 34.2      A fee of $225 shall be charged for each additional 
 34.3   follow-up inspection for hotels and resorts, conducted in each 
 34.4   three-year cycle that is necessary to bring the hotel or resort 
 34.5   into compliance with the state fire code. 
 34.6      (b) Nothing in this subdivision shall prevent the 
 34.7   designated agent from continuing to charge an inspection fee or 
 34.8   from establishing a new inspection fee. 
 34.9      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 34.10     Sec. 9.  Minnesota Statutes 2002, section 299F.46, is 
 34.11  amended by adding a subdivision to read: 
 34.12     Subd. 4.  [SPECIAL ACCOUNT.] Money received by the state 
 34.13  fire marshal division for this program must be deposited in the 
 34.14  state treasury and credited to a state fire marshal hotel 
 34.15  inspection dedicated account in the special revenue fund.  All 
 34.16  money in the state fire marshal hotel inspection dedicated 
 34.17  account is annually appropriated to the commissioner of public 
 34.18  safety for purposes of operating and administering this program. 
 34.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 34.20     Sec. 10.  [299F.47] [PUBLIC SCHOOL INSPECTIONS.] 
 34.21     Subdivision 1.  [INSPECTION REQUIRED.] The state fire 
 34.22  marshal shall develop a plan to inspect once every three years 
 34.23  every public school facility used for educational purposes.  The 
 34.24  state fire marshal shall charge school districts $0.014 per 
 34.25  square foot for each school building inspected.  These rates 
 34.26  shall include two follow-up inspections or on-site 
 34.27  consultations.  If additional follow-up inspections or 
 34.28  consultations are needed, the state fire marshal shall charge 
 34.29  $0.005 per square foot for each additional follow-up inspection 
 34.30  to each applicable building in which a follow-up inspection is 
 34.31  needed. 
 34.32     Subd. 2.  [CHARTER SCHOOLS.] The state fire marshal shall 
 34.33  charge charter schools $100 for each school building inspected.  
 34.34  This rate shall include two follow-up inspections or on-site 
 34.35  consultations.  If additional follow-up inspections or 
 34.36  consultations are needed, the state fire marshal shall charge 
 35.1   $50 for each additional follow-up inspection to each applicable 
 35.2   building in which a follow-up inspection is needed. 
 35.3      Subd. 3.  [SPECIAL ACCOUNT.] Money received by the state 
 35.4   fire marshal division for this program must be deposited in the 
 35.5   state treasury and credited to a state fire marshal school 
 35.6   inspection dedicated account in the special revenue fund.  All 
 35.7   money in the state fire marshal school inspection account is 
 35.8   annually appropriated to the commissioner of public safety for 
 35.9   purposes of operating and administering this program. 
 35.10     Subd. 4.  [LOCAL INSPECTIONS.] If inspections of public 
 35.11  school buildings and charter schools were conducted by local 
 35.12  units of government between January 1, 1987, and January 1, 
 35.13  1990, then inspections may continue to be provided by the local 
 35.14  unit of government. 
 35.15     Subd. 5.  [VARIANCE.] Notwithstanding section 299F.011, 
 35.16  subdivisions 5a and 5b, a variance from the code must be 
 35.17  approved by the state fire marshal before taking effect. 
 35.18     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 35.19     Sec. 11.  Minnesota Statutes 2002, section 299M.01, is 
 35.20  amended by adding a subdivision to read: 
 35.21     Subd. 8a.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 35.22  CONTRACTOR.] "Multipurpose potable water piping system 
 35.23  contractor" means a person who contracts to sell, design, 
 35.24  install, modify, or inspect a multipurpose potable water piping 
 35.25  system, its parts, or related equipment. 
 35.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 35.27     Sec. 12.  Minnesota Statutes 2002, section 299M.01, is 
 35.28  amended by adding a subdivision to read: 
 35.29     Subd. 8b.  [MULTIPURPOSE POTABLE WATER PIPING 
 35.30  SYSTEM.] "Multipurpose potable water piping system" means a 
 35.31  potable water piping system that is intended to serve both 
 35.32  domestic and fire protection needs throughout a one- or 
 35.33  two-family dwelling unit.  No person may install a multipurpose 
 35.34  potable water piping system unless that person is licensed 
 35.35  pursuant to section 326.40 and is certified pursuant to section 
 35.36  299M.03. 
 36.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 36.2      Sec. 13.  Minnesota Statutes 2002, section 299M.01, is 
 36.3   amended by adding a subdivision to read: 
 36.4      Subd. 8c.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 36.5   INSTALLER.] "Multipurpose potable water piping system installer" 
 36.6   means a person who is certified as competent to engage in 
 36.7   installing, connecting, altering, repairing, or adding to a 
 36.8   residential multipurpose potable water piping system in a one- 
 36.9   or two-family dwelling unit. 
 36.10     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 36.11     Sec. 14.  Minnesota Statutes 2002, section 299M.03, is 
 36.12  amended by adding a subdivision to read: 
 36.13     Subd. 1a.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 36.14  CONTRACTOR LICENSE.] Except for residential installations by the 
 36.15  owner-occupant of a one- or two-family dwelling, a person may 
 36.16  not sell, design, install, modify, or inspect a multipurpose 
 36.17  potable water piping system, its parts, or related equipment, or 
 36.18  offer to do so, unless annually licensed to perform these duties 
 36.19  as a multipurpose potable water piping system contractor.  No 
 36.20  license is required under this section for a person licensed as 
 36.21  a professional engineer under section 326.03 who is competent in 
 36.22  fire protection system design. 
 36.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 36.24     Sec. 15.  Minnesota Statutes 2002, section 299M.03, is 
 36.25  amended by adding a subdivision to read: 
 36.26     Subd. 3.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 36.27  INSTALLER CERTIFICATE.] Except for residential installations by 
 36.28  the owner-occupant of a one- or two-family dwelling, a person 
 36.29  may not install, connect, alter, repair, or add to a 
 36.30  multipurpose potable water piping system, unless annually 
 36.31  certified to perform these duties as a multipurpose potable 
 36.32  water piping system installer.  A multipurpose potable water 
 36.33  piping system installer certificate only allows the certificate 
 36.34  holder to work on one- and two-family residential units. 
 36.35     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 36.36     Sec. 16.  Minnesota Statutes 2002, section 299M.03, is 
 37.1   amended by adding a subdivision to read: 
 37.2      Subd. 4.  [JOURNEYMAN SPRINKLER FITTER CERTIFICATION FEE; 
 37.3   ANNUAL APPROPRIATION.] The state fire marshal shall charge $55 
 37.4   to conduct and administer the journeyman sprinkler fitter 
 37.5   certification process.  Money received by the state fire marshal 
 37.6   division for the administration of this program must be 
 37.7   deposited in the state treasury and credited to a state fire 
 37.8   marshal dedicated account in the special revenue fund.  All 
 37.9   money in the state fire marshal account is annually appropriated 
 37.10  to the commissioner of public safety for purposes of 
 37.11  administering this program. 
 37.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 37.13     Sec. 17.  Minnesota Statutes 2002, section 299M.04, is 
 37.14  amended to read: 
 37.15     299M.04 [RULES, FEES, ORDERS, PENALTIES.] 
 37.16     The commissioner shall adopt permanent rules for operation 
 37.17  of the council; regulation by municipalities; qualifications, 
 37.18  examination, and licensing of fire protection contractors; 
 37.19  licensing of multipurpose potable water piping system 
 37.20  contractors; certification of multipurpose potable water piping 
 37.21  system installers; certification of journeyman sprinkler 
 37.22  fitters; registration of apprentices; and the administration and 
 37.23  enforcement of this chapter.  Permit fees must be a percentage 
 37.24  of the total cost of the fire protection work. 
 37.25     The commissioner may issue a cease and desist order to 
 37.26  cease an activity considered an immediate risk to public health 
 37.27  or public safety.  The commissioner shall adopt permanent rules 
 37.28  governing when an order may be issued; how long the order is 
 37.29  effective; notice requirements; and other procedures and 
 37.30  requirements necessary to implement, administer, and enforce the 
 37.31  provisions of this chapter.  
 37.32     The commissioner, in place of or in addition to licensing 
 37.33  sanctions allowed under this chapter, may impose a civil penalty 
 37.34  not greater than $1,000 for each violation of this chapter or 
 37.35  rule adopted under this chapter, for each day of violation.  The 
 37.36  commissioner shall adopt permanent rules governing and 
 38.1   establishing procedures for implementation, administration, and 
 38.2   enforcement of this paragraph.  
 38.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 38.4      Sec. 18.  Minnesota Statutes 2002, section 299M.11, 
 38.5   subdivision 1, is amended to read: 
 38.6      Subdivision 1.  [LICENSING FEE.] A person required to be 
 38.7   licensed under section 299M.03, subdivision 1 or 1a, shall, 
 38.8   before receipt of the license and before causing fire 
 38.9   protection-related work or multipurpose potable water piping 
 38.10  system work to be performed, pay the commissioner an annual 
 38.11  license fee. 
 38.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 38.13     Sec. 19.  Minnesota Statutes 2002, section 299M.11, 
 38.14  subdivision 2, is amended to read: 
 38.15     Subd. 2.  [CERTIFICATION FEE.] Employees required to be 
 38.16  certified under section 299M.03, subdivision 2 or 3, shall, 
 38.17  before performing fire protection-related work or multipurpose 
 38.18  potable water piping system work, pay the commissioner an annual 
 38.19  certification fee. 
 38.20     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 38.21     Sec. 20.  Minnesota Statutes 2002, section 609.119, is 
 38.22  amended to read: 
 38.23     609.119 [ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR 
 38.24  DNA TESTING.] 
 38.25     (a) From July 1, 2002 2003, to June 30, 2003 2005, The 
 38.26  court shall order an offender to provide a biological specimen 
 38.27  for the purpose of future DNA analysis as described in section 
 38.28  299C.155 when: 
 38.29     (1) the court sentences a person charged with committing or 
 38.30  attempting to commit a felony offense not described in section 
 38.31  609.117, subdivision 1, and the person is convicted of that 
 38.32  offense or of any felony offense arising out of the same set of 
 38.33  circumstances; or 
 38.34     (2) the juvenile court adjudicates a person a delinquent 
 38.35  child who is petitioned for committing or attempting to commit a 
 38.36  felony offense not described in section 609.117, subdivision 1, 
 39.1   and is adjudicated delinquent for that offense or any 
 39.2   felony-level offense arising out of the same set of 
 39.3   circumstances. 
 39.4   The biological specimen shall be maintained by the bureau of 
 39.5   criminal apprehension as provided in section 299C.155. 
 39.6      (b) From July 1, 2002 2003, to June 30, 2003 2005, the 
 39.7   commissioner of corrections or local corrections authority shall 
 39.8   order a person to provide a biological specimen for the purpose 
 39.9   of future DNA analysis as described in section 299C.155 before 
 39.10  completion of the person's term of imprisonment when the person 
 39.11  has not provided a biological specimen for the purpose of DNA 
 39.12  analysis, and the person: 
 39.13     (1) was initially charged with committing or attempting to 
 39.14  commit a felony offense not described in section 609.117, 
 39.15  subdivision 1, and was convicted of that offense or of any 
 39.16  felony offense arising out of the same set of circumstances; or 
 39.17     (2) is serving a term of imprisonment in this state under a 
 39.18  reciprocal agreement although convicted in another state of 
 39.19  committing or attempting to commit a felony offense not 
 39.20  described in section 609.117, subdivision 1, or of any felony 
 39.21  offense arising out of the same set of circumstances if the 
 39.22  person was initially charged with committing or attempting to 
 39.23  commit a felony offense not described in section 609.117, 
 39.24  subdivision 1.  
 39.25  The commissioner of corrections or local corrections authority 
 39.26  shall forward the sample to the bureau of criminal apprehension. 
 39.27     (c) From July 1, 2002 2003, to June 30, 2003 2005, when the 
 39.28  state accepts an offender from another state under the 
 39.29  interstate compact authorized by section 243.16 or 243.1605, the 
 39.30  acceptance is conditional on the offender providing a biological 
 39.31  specimen for the purposes of future DNA analysis as described in 
 39.32  section 299C.155, if the offender was initially charged with 
 39.33  committing or attempting to commit a felony offense not 
 39.34  described in section 609.117, subdivision 1, and was convicted 
 39.35  of that offense or of any felony offense arising out of the same 
 39.36  set of circumstances.  The specimen must be provided under 
 40.1   supervision of staff from the department of corrections or a 
 40.2   Community Corrections Act county within 15 business days after 
 40.3   the offender reports to the supervising agent.  The cost of 
 40.4   obtaining the biological specimen is the responsibility of the 
 40.5   agency providing supervision. 
 40.6      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003 
 40.7   and applies to offenders sentenced, released from incarceration, 
 40.8   or accepted for supervision on or after that date. 
 40.9      Sec. 21.  [REPEALER.] 
 40.10     Minnesota Statutes 2002, section 123B.73 is repealed. 
 40.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 40.12                             ARTICLE 5 
 40.13                   CORRECTIONS POLICY PROVISIONS
 40.14     Section 1.  Minnesota Statutes 2002, section 241.016, 
 40.15  subdivision 1, is amended to read: 
 40.16     Subdivision 1.  [ANNUAL BIENNIAL REPORT.] (a) The 
 40.17  department of corrections shall submit a performance report to 
 40.18  the chairs and ranking minority members of the senate and house 
 40.19  committees and divisions having jurisdiction over criminal 
 40.20  justice funding by January 15 of each year, 2005, and every 
 40.21  other year thereafter.  The issuance and content of the report 
 40.22  must include the following: 
 40.23     (1) department strategic mission, goals, and objectives; 
 40.24     (2) the department-wide per diem, adult facility-specific 
 40.25  per diems, and an average per diem, reported in a standard 
 40.26  calculated method as outlined in the departmental policies and 
 40.27  procedures; and 
 40.28     (3) department annual statistics as outlined in the 
 40.29  departmental policies and procedures.  
 40.30     (b) The department shall maintain recidivism rates for 
 40.31  adult facilities on an annual basis.  In addition, each year the 
 40.32  department shall, on an alternating basis, complete a recidivism 
 40.33  analysis of adult facilities, juvenile services, and the 
 40.34  community services divisions and include a three-year recidivism 
 40.35  analysis in the report described in paragraph (a).  When 
 40.36  appropriate, the recidivism analysis must include education 
 41.1   programs, vocational programs, treatment programs, industry, and 
 41.2   employment. 
 41.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 41.4      Sec. 2.  Minnesota Statutes 2002, section 243.53, 
 41.5   subdivision 1, is amended to read: 
 41.6      Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
 41.7   sufficient cells available, each inmate shall be confined in a 
 41.8   separate cell.  Each inmate shall be confined in a separate cell 
 41.9   in institutions classified by the commissioner as custody level 
 41.10  five and six institutions.  This requirement does not apply to 
 41.11  the following: 
 41.12     (1) geriatric dormitory-type facilities; 
 41.13     (2) honor dormitory-type facilities; and 
 41.14     (3) any other multiple occupancy facility at a custody 
 41.15  level five or six institution that confines inmates who could be 
 41.16  confined in an institution at custody level four or lower. 
 41.17     (b) Correctional institutions classified by the 
 41.18  commissioner as custody level one, two, three, or four, or five 
 41.19  institutions, to the greatest extent possible, must permit 
 41.20  multiple occupancy, within the limits of the facility 
 41.21  infrastructure and programming space, except segregation units, 
 41.22  to the greatest extent possible. 
 41.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 41.24     Sec. 3.  [243.557] [INMATE FOOD.] 
 41.25     Where inmates in a state correctional facility are not 
 41.26  routinely absent from the facility for work or other purposes, 
 41.27  the commissioner, to the extent possible, must make three meals 
 41.28  available Monday through Friday, excluding holidays, and two 
 41.29  meals available on Saturdays, Sundays, and holidays. 
 41.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 41.31     Sec. 4.  [244.175] [PRIVATE, NONPROFIT FAITH-BASED 
 41.32  INSTITUTION PROGRAM.] 
 41.33     Subdivision 1.  [DEFINITIONS.] (a) The terms in this 
 41.34  subdivision apply to this section. 
 41.35     (b) "Remaining term of imprisonment" as applied to inmates 
 41.36  whose crimes were committed before August 1, 1993, is the period 
 42.1   of time for which an inmate is committed to the custody of the 
 42.2   commissioner of corrections minus earned good time and jail 
 42.3   credit, if any. 
 42.4      (c) "Remaining term of imprisonment" as applied to inmates 
 42.5   whose crimes were committed on or after August 1, 1993, is the 
 42.6   period of time equal to two-thirds of the inmate's executed 
 42.7   sentence, minus jail credit, if any. 
 42.8      Subd. 2.  [GENERALLY.] An inmate who meets the eligibility 
 42.9   requirements of subdivision 2 may apply to spend the final 12 to 
 42.10  16 months of the inmates remaining term of imprisonment in a 
 42.11  correctional institution operated by a private, nonprofit 
 42.12  faith-based organization. 
 42.13     Subd. 3.  [ELIGIBILITY.] Any inmate who has fewer than 24 
 42.14  months of a remaining term of imprisonment may apply to the 
 42.15  commissioner for a transfer to a private, nonprofit faith-based, 
 42.16  licensed correctional institution for the final 12 to 16 months 
 42.17  of the inmate's remaining term of imprisonment. 
 42.18     Subd. 4.  [COMMISSIONER'S AUTHORITY.] The commissioner may 
 42.19  establish guidelines for inmate participation.  The commissioner 
 42.20  may refuse an application by an inmate to transfer to a private, 
 42.21  nonprofit faith-based institution without cause.  The 
 42.22  commissioner's decision is final and nonreviewable. 
 42.23     Subd. 5.  [ELIGIBLE ORGANIZATION.] The commissioner may 
 42.24  establish guidelines for an organization to be eligible to 
 42.25  incarcerate inmates under this section.  At a minimum, the 
 42.26  organization must be licensed to operate a correctional facility 
 42.27  under section 241.021.  The commissioner's guidelines must be 
 42.28  neutral as to the religious affiliation, if any, of the 
 42.29  organization. 
 42.30     Subd. 6.  [ORGANIZATION'S AUTHORITY.] An organization that 
 42.31  operates a private, nonprofit faith-based program has the right 
 42.32  to refuse to accept any applicant without cause.  The 
 42.33  organization's decision is final and nonreviewable. 
 42.34     Subd. 7.  [PER DIEM.] The department shall pay an 
 42.35  organization that incarcerates an inmate under this section a 
 42.36  per diem amount no larger than the per diem cost to the 
 43.1   department to incarcerate the inmate.  The per diem is 
 43.2   non-negotiable.  Participating organizations must keep a 
 43.3   separate account for public per diem funds received from the 
 43.4   department of corrections.  This fund must be subject to review 
 43.5   by the department of corrections and the legislature.  No 
 43.6   portion of the state funding may be used by a participating 
 43.7   organization to fund religious programming.  
 43.8      Sec. 5.  Minnesota Statutes 2002, section 609.105, 
 43.9   subdivision 1, is amended to read: 
 43.10     Subdivision 1.  In a felony sentence to imprisonment, when 
 43.11  the remaining term of imprisonment is for more than one year 180 
 43.12  days or less, the defendant shall commit the defendant be 
 43.13  committed to the custody of the commissioner of corrections and 
 43.14  must serve the remaining term of imprisonment at a workhouse, 
 43.15  work farm, county jail, or other place authorized by law.  
 43.16     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 43.17     Sec. 6.  Minnesota Statutes 2002, section 609.105, is 
 43.18  amended by adding a subdivision to read: 
 43.19     Subd. 1a.  [DEFINITIONS.] (a) The terms in this subdivision 
 43.20  apply to this section. 
 43.21     (b) "Remaining term of imprisonment" as applied to inmates 
 43.22  whose crimes were committed before August 1, 1993, is the period 
 43.23  of time for which an inmate is committed to the custody of the 
 43.24  commissioner of corrections minus earned good time and jail 
 43.25  credit, if any. 
 43.26     (c) "Remaining term of imprisonment" as applied to inmates 
 43.27  whose crimes were committed on or after August 1, 1993, is the 
 43.28  period of time equal to two-thirds of the inmate's executed 
 43.29  sentence, minus jail credit, if any. 
 43.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 43.31     Sec. 7.  Minnesota Statutes 2002, section 609.105, is 
 43.32  amended by adding a subdivision to read: 
 43.33     Subd. 1b.  [SENTENCE TO MORE THAN 180 DAYS.] A felony 
 43.34  sentence to imprisonment when the warrant of commitment has a 
 43.35  remaining term of imprisonment for more than 180 days shall 
 43.36  commit the defendant to the custody of the commissioner of 
 44.1   corrections. 
 44.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 44.3      Sec. 8.  [641.015] [PLACEMENT IN PRIVATE PRISONS 
 44.4   AUTHORIZED.] 
 44.5      If there is insufficient capacity in a county jail, the 
 44.6   county board may authorize the sheriff to contract with private 
 44.7   prisons for the care, custody, and rehabilitation of offenders 
 44.8   for whom there is insufficient space.  
 44.9      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 44.10     Sec. 9.  Minnesota Statutes 2002, section 641.14, is 
 44.11  amended to read: 
 44.12     641.14 [JAILS; SEPARATION OF PRISONERS.] 
 44.13     The sheriff of each county is responsible for the operation 
 44.14  and condition of the jail.  If construction of the jail permits, 
 44.15  the sheriff may permit multiple occupancy but the sheriff shall 
 44.16  maintain strict separation of prisoners to the extent that 
 44.17  separation is consistent with prisoners' security, safety, 
 44.18  health, and welfare.  The sheriff shall not keep in the same 
 44.19  room or section of the jail: 
 44.20     (1) a minor under 18 years old and a prisoner who is 18 
 44.21  years old or older, unless: 
 44.22     (i) the minor has been committed to the commissioner of 
 44.23  corrections under section 609.105; 
 44.24     (ii) the minor has been referred for adult prosecution and 
 44.25  the prosecuting authority has filed a notice of intent to 
 44.26  prosecute the matter for which the minor is being held under 
 44.27  section 260B.125; or 
 44.28     (iii) the minor is 16 or 17 years old and has been indicted 
 44.29  for murder in the first degree; 
 44.30     (2) a female prisoner and a male prisoner; and 
 44.31     (3) a minor under 18 years old and an extended jurisdiction 
 44.32  juvenile 18 years old or older who is alleged to have violated 
 44.33  the conditions of the stay of execution. 
 44.34     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 44.35     Sec. 10.  Minnesota Statutes 2002, section 641.263, is 
 44.36  amended by adding a subdivision to read: 
 45.1      Subd. 5.  [MULTIPLE OCCUPANCY CELLS.] If construction of 
 45.2   the jail permits, the board may, by resolution, authorize 
 45.3   multiple occupancy, but the superintendent must maintain strict 
 45.4   separation of prisoners to the extent that separation is 
 45.5   necessary to ensure prisoners' security, safety, health, and 
 45.6   welfare. 
 45.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 45.8      Sec. 11.  Minnesota Statutes 2002, section 641.263, is 
 45.9   amended by adding a subdivision to read: 
 45.10     Subd. 6.  [PLACEMENT IN PRIVATE PRISONS AUTHORIZED.] If 
 45.11  there is insufficient capacity in a regional jail, the board may 
 45.12  contract with private prisons for the care, custody, and 
 45.13  rehabilitation of offenders for whom there is insufficient space.
 45.14     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 45.15     Sec. 12.  [PRIVATIZATION PROPOSALS.] 
 45.16     (a) The commissioner of corrections, in consultation with 
 45.17  the commissioner of administration, must issue a request for 
 45.18  proposals by September 1, 2003, for one or more vendors to 
 45.19  provide correctional facility or facilities, for persons 
 45.20  committed to the commissioner of corrections on or after July 1, 
 45.21  2006.  The request for proposals issued under this section must 
 45.22  relate to the care, custody, and programming for all of state or 
 45.23  county housed offenders with remaining term of imprisonment of 
 45.24  less than 365 days.  The commissioner may consider proposals 
 45.25  from: 
 45.26     (1) private vendors with facilities either within or 
 45.27  outside of Minnesota; 
 45.28     (2) consortia of counties; 
 45.29     (3) nonprofit entities; 
 45.30     (4) Camp Ripley; 
 45.31     (5) regional treatment centers; or 
 45.32     (6) any other state partnerships. 
 45.33     (b) The commissioner must consider the following factors in 
 45.34  issuing the request for proposals: 
 45.35     (1) type and length of programming for offenders serving 
 45.36  less than one year; 
 46.1      (2) the transport of offenders to and from the proposed 
 46.2   facility; 
 46.3      (3) detailed current and future costs and per diems 
 46.4   associated with the proposed facility; 
 46.5      (4) admission and release procedures of the proposed 
 46.6   facility; 
 46.7      (5) insurance of the proposed vendor; and 
 46.8      (6) other factors deemed appropriate for consideration by 
 46.9   the commissioner of corrections. 
 46.10     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 46.11     Sec. 13.  [PRISON PRIVATIZATION ADVISORY COMMITTEE.] 
 46.12     Subdivision 1.  [CREATION; MEMBERSHIP.] The commissioner of 
 46.13  corrections shall convene an advisory committee to review and 
 46.14  make recommendations on the prison privatization proposals 
 46.15  received pursuant to section 11.  The advisory group shall 
 46.16  consist of the: 
 46.17     (1) commissioner of corrections or the commissioner's 
 46.18  designee; 
 46.19     (2) deputy commissioner of corrections who has supervision 
 46.20  and control over correctional facilities; 
 46.21     (3) commissioner of administration or the commissioner's 
 46.22  designee; 
 46.23     (4) executive director of the Minnesota sheriff's 
 46.24  association or the director's designee; 
 46.25     (5) two members from the house of representatives, one a 
 46.26  majority member and one a minority member, appointed by the 
 46.27  speaker of the house; and 
 46.28     (6) two members from the senate, one a majority member and 
 46.29  one a minority member, appointed by the president of the senate. 
 46.30     Subd. 2.  [CHAIRPERSONS.] The appointed majority members of 
 46.31  the house and senate shall co-chair the advisory group. 
 46.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 46.33     Sec. 14.  [COST-EFFECTIVENESS STUDY; PRISON PRIVATIZATION.] 
 46.34     By February 1, 2004, the commissioner of corrections shall 
 46.35  report to the chairs and ranking minority members of the 
 46.36  legislative committees having jurisdiction over corrections and 
 47.1   judiciary policy and finance on the proposals obtained pursuant 
 47.2   to section 11 and the recommendations from the advisory group 
 47.3   created in section 12. 
 47.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 47.5      Sec. 15.  [CREATION OF PRETRIAL DIVERSION STUDY GROUP.] 
 47.6      The Sentencing Guidelines Commission shall convene a work 
 47.7   group of criminal justice professionals to study and make 
 47.8   recommendations on the equitable use of pretrial diversion in 
 47.9   each county to accomplish the following goals: 
 47.10     (1) to provide eligible offenders with an alternative to 
 47.11  confinement and a criminal conviction; 
 47.12     (2) to reduce the costs and caseload burdens on the 
 47.13  criminal justice system; 
 47.14     (3) to minimize recidivism among diverted offenders; 
 47.15     (4) to promote the collection of restitution to the victim 
 47.16  of the offender's crime; and 
 47.17     (5) to develop responsible alternatives to the criminal 
 47.18  justice system for eligible offenders. 
 47.19  The Sentencing Guidelines Commission shall report to the chairs 
 47.20  and ranking minority members of the committees having 
 47.21  jurisdiction over criminal justice policy and funding on 
 47.22  February 1, 2004. 
 47.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 47.24     Sec. 16.  [REPEALER.] 
 47.25     Laws 2002, chapter 220, article 6, section 6, is repealed. 
 47.26     Minnesota Statutes 2002, sections 241.41; 241.42; 241.43; 
 47.27  241.44; 241.441; and 241.45, are repealed. 
 47.28     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 47.29     Sec. 17.  [EXPIRATION.] 
 47.30     Sections 5, 6, and 7 expire on July 1, 2007. 
 47.31                             ARTICLE 6 
 47.32                             PROBATION
 47.33     Section 1.  [244.196] [DEFINITIONS.] 
 47.34     Subdivision 1.  [DEFINITIONS.] As used in sections 244.196 
 47.35  to 244.199, the following terms have the meanings given them. 
 47.36     Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
 48.1   section 609.02, subdivision 15. 
 48.2      Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
 48.3   violation sanction" includes, but is not limited to, electronic 
 48.4   monitoring, intensive probation, sentencing to service, 
 48.5   reporting to a day reporting center, chemical dependency or 
 48.6   mental health treatment or counseling, community work service, 
 48.7   remote electronic alcohol monitoring, random drug testing, and 
 48.8   participation in an educational or restorative justice program. 
 48.9   A probation violation sanction does not include any type of 
 48.10  custodial sanction, including, but not limited to, detention and 
 48.11  incarceration. 
 48.12     Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
 48.13  means a voluntary conference at which the county probation 
 48.14  officer, offender, and, if appropriate, other interested parties 
 48.15  meet to discuss the probation violation sanction for the 
 48.16  offender's technical violation of probation. 
 48.17     Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
 48.18  conference form" means a form developed by the chief executive 
 48.19  officer of a local corrections agency with the approval of the 
 48.20  district court that explains the sanctions conference and the 
 48.21  offender's option to elect to participate in the sanctions 
 48.22  conference or to proceed to a judicial hearing. 
 48.23     Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
 48.24  means any violation of a court order of probation, except an 
 48.25  allegation of a subsequent criminal act that is alleged in a 
 48.26  formal complaint, citation, or petition. 
 48.27     Sec. 2.  [244.197] [INITIATION OF SANCTIONS CONFERENCE.] 
 48.28     Subdivision 1.  [AUTHORITY.] Unless the district court 
 48.29  directs otherwise, a probation agency may use a sanctions 
 48.30  conference to address an offender's technical violation of 
 48.31  probation. 
 48.32     Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
 48.33  has reason to believe that an offender has committed a technical 
 48.34  violation of probation, the agency shall notify the offender in 
 48.35  writing of the specific nature of the technical violation and 
 48.36  the scheduling of a sanctions conference, including the date, 
 49.1   time, and location of the sanctions conference.  The notice 
 49.2   shall also state that if the offender fails to appear at the 
 49.3   sanctions conference, the probation agency may apprehend and 
 49.4   detain the offender under section 244.195 and ask the court to 
 49.5   commence revocation proceedings under section 609.14 and rule 
 49.6   27.04 of the Rules of Criminal Procedure.  To the extent 
 49.7   feasible, the sanctions conference must take place within seven 
 49.8   days of mailing of the notice to the offender. 
 49.9      Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
 49.10  conference, the county probation officer shall provide the 
 49.11  offender with a copy of a sanctions conference form explaining 
 49.12  the sanctions conference and the offender's options for 
 49.13  proceeding.  The offender must stipulate, in writing, that the 
 49.14  offender has received a copy of the sanctions conference form 
 49.15  and that the offender understands the information contained in 
 49.16  the form and the options available to the offender.  The 
 49.17  offender also must declare, in writing, the offender's decision 
 49.18  to either participate in the sanctions conference or proceed 
 49.19  with a judicial hearing. 
 49.20     Sec. 3.  [244.198] [PARTICIPATION IN SANCTIONS CONFERENCE.] 
 49.21     Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
 49.22  elects to participate in the sanctions conference, the county 
 49.23  probation officer shall inform the offender, orally and in 
 49.24  writing, of the probation violation sanction that the county 
 49.25  probation officer is recommending for the technical violation of 
 49.26  probation.  The county probation officer shall inform the 
 49.27  offender that the probation violation sanction becomes effective 
 49.28  upon confirmation by a judge of the district court. 
 49.29     Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
 49.30  elects to participate in the sanctions conference, the county 
 49.31  probation officer conducting the sanctions conference shall 
 49.32  provide a report to the district court containing: 
 49.33     (1) the specific nature of the technical violation of 
 49.34  probation; 
 49.35     (2) the notice provided to the offender of the technical 
 49.36  violation of probation and the scheduling of the sanctions 
 50.1   conference; 
 50.2      (3) a copy of the offender's signed stipulation indicating 
 50.3   that the offender received a copy of the sanctions conference 
 50.4   form and understood it; 
 50.5      (4) a copy of the offender's written declaration to 
 50.6   participate in the sanctions conference; and 
 50.7      (5) the recommended probation violation sanction. 
 50.8   The recommended probation violation sanction becomes effective 
 50.9   when confirmed by a judge.  The order of the court shall be 
 50.10  proof of such confirmation. 
 50.11     Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
 50.12  county probation officer's receipt of a confirmed order by the 
 50.13  judge, the county probation officer shall notify the offender in 
 50.14  writing that the probation violation sanction has been approved 
 50.15  by the court. 
 50.16     (b) If the court does not confirm the recommendation of the 
 50.17  county probation officer, the probation violation sanction shall 
 50.18  not go into effect.  The county probation officer shall notify 
 50.19  the offender that the court has not confirmed the sanction. 
 50.20     (c) If the court does not confirm the recommendation, the 
 50.21  county probation officer may ask the court to commence 
 50.22  revocation proceedings under section 609.14. 
 50.23     Subd. 4.  [APPEAL.] An offender may appeal the judge's 
 50.24  confirmation of the probation violation sanction as provided in 
 50.25  rule 28.05 of the Rules of Criminal Procedure. 
 50.26     Sec. 4.  [244.199] [ELECTION NOT TO PARTICIPATE.] 
 50.27     If the offender elects not to participate in the sanctions 
 50.28  conference, the county probation officer may ask the court to 
 50.29  initiate revocation proceedings or refer the matter to the 
 50.30  appropriate prosecuting authority for action under section 
 50.31  609.14.  The county probation officer also may take action to 
 50.32  apprehend and detain the offender under section 244.195. 
 50.33     Sec. 5.  Minnesota Statutes 2002, section 609.135, 
 50.34  subdivision 1, is amended to read: 
 50.35     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 50.36  sentence of life imprisonment is required by law, or when a 
 51.1   mandatory minimum sentence is required by section 609.11, any 
 51.2   court may stay imposition or execution of sentence and: 
 51.3      (1) may order intermediate sanctions without placing the 
 51.4   defendant on probation; or 
 51.5      (2) may place the defendant on probation with or without 
 51.6   supervision and on the terms the court prescribes, including 
 51.7   intermediate sanctions when practicable.  The court may order 
 51.8   the supervision to be under the probation officer of the court, 
 51.9   or, if there is none and the conviction is for a felony or gross 
 51.10  misdemeanor, by the commissioner of corrections, or in any case 
 51.11  by some other suitable and consenting person.  Unless the court 
 51.12  directs otherwise, state parole and probation agents and 
 51.13  probation officers may impose community work service for an 
 51.14  offender's or probation violation sanctions, consistent with 
 51.15  section 243.05, subdivision 1; 244.19, subdivision 3a sections 
 51.16  244.196 to 244.199; or 401.02, subdivision 5. 
 51.17     No intermediate sanction may be ordered performed at a 
 51.18  location that fails to observe applicable requirements or 
 51.19  standards of chapter 181A or 182, or any rule promulgated under 
 51.20  them.  
 51.21     (b) For purposes of this subdivision, subdivision 6, and 
 51.22  section 609.14, the term "intermediate sanctions" includes but 
 51.23  is not limited to incarceration in a local jail or workhouse, 
 51.24  home detention, electronic monitoring, intensive probation, 
 51.25  sentencing to service, reporting to a day reporting center, 
 51.26  chemical dependency or mental health treatment or counseling, 
 51.27  restitution, fines, day-fines, community work service, work 
 51.28  service in a restorative justice program, work in lieu of or to 
 51.29  work off fines and, with the victim's consent, work in lieu of 
 51.30  or to work off restitution.  
 51.31     (c) A court may not stay the revocation of the driver's 
 51.32  license of a person convicted of violating the provisions of 
 51.33  section 169A.20. 
 51.34     Sec. 6.  [SANCTIONS CONFERENCE PROCEDURES.] 
 51.35     The chief executive officer of a local corrections agency, 
 51.36  with approval of the district court, shall develop procedures 
 52.1   for the sanctions conference identified in Minnesota Statutes, 
 52.2   sections 244.196 to 244.199, and develop a sanctions conference 
 52.3   form that includes notice to the offender: 
 52.4      (1) of the specific court-ordered condition of release that 
 52.5   the offender has allegedly violated, the probation officer's 
 52.6   authority to ask the court to revoke the offender's probation 
 52.7   for the technical violation, and the offender's right to elect 
 52.8   to participate in a sanctions conference to address the 
 52.9   technical violation in lieu of the probation officer asking the 
 52.10  court to revoke the offender's probation; 
 52.11     (2) that participation in the sanctions conference is in 
 52.12  lieu of a court hearing under Minnesota Statutes, section 
 52.13  609.14, and that, if the offender elects to participate in the 
 52.14  sanctions conference, the offender must admit, or agree not to 
 52.15  contest, the alleged technical violation and must waive the 
 52.16  right to contest the violation at a judicial hearing, present 
 52.17  evidence, call witnesses, cross-examine the state's witnesses, 
 52.18  and be represented by counsel; 
 52.19     (3) that, if the offender chooses, the offender has a right 
 52.20  to a hearing before the court under Minnesota Statutes, section 
 52.21  609.14, for a determination of whether the offender committed 
 52.22  the alleged violation, including the right to be present at the 
 52.23  hearing, to cross-examine witnesses, to have witnesses 
 52.24  subpoenaed for the offender, to have an attorney present or to 
 52.25  have an attorney appointed if the offender cannot afford one, 
 52.26  and to require the state to prove the allegations against the 
 52.27  offender; 
 52.28     (4) that if, after a hearing, the court finds the 
 52.29  violations have been proven, the court may continue the 
 52.30  sentence, subject to the same, modified, or additional 
 52.31  conditions, or order a sanction that may include incarceration, 
 52.32  additional fines, revocation of the stay of sentence, imposition 
 52.33  of sentence, or other sanctions; 
 52.34     (5) that the decision to participate in the sanctions 
 52.35  conference will not result in the probation officer recommending 
 52.36  revocation of the offender's stay of sentence, unless the 
 53.1   offender fails to successfully complete the probation violation 
 53.2   sanction; 
 53.3      (6) that various types of probation violation sanctions may 
 53.4   be imposed and that the probation violation sanctions imposed on 
 53.5   the offender will depend on the nature of the technical 
 53.6   violation, the offender's criminal history, and the offender's 
 53.7   level of supervision; 
 53.8      (7) that the probation violation sanctions supplement any 
 53.9   existing conditions of release; and 
 53.10     (8) that participation in the sanctions conference requires 
 53.11  completion of all probation violation sanctions imposed by the 
 53.12  probation agency, and that failure to successfully complete the 
 53.13  imposed probation violation sanctions could result in additional 
 53.14  sanctions or the commencement of revocation proceedings under 
 53.15  Minnesota Statutes, section 609.14. 
 53.16     Sec. 7.  [REPEALER.] 
 53.17     Minnesota Statutes 2002, section 244.19, subdivision 3a, is 
 53.18  repealed.  
 53.19     Sec. 8.  [EFFECTIVE DATE.] 
 53.20     Sections 1 to 7 are effective August 1, 2003, and apply to 
 53.21  technical violations of probation that occur on or after that 
 53.22  date. 
 53.23                             ARTICLE 7 
 53.24                        JUVENILE LAW POLICY 
 53.25     Section 1.  Minnesota Statutes 2002, section 260B.105, 
 53.26  subdivision 1, is amended to read: 
 53.27     Subdivision 1.  [VENUE.] Except where otherwise provided, 
 53.28  venue for any proceedings under section 260B.101 shall be in the 
 53.29  county where the child is found, or the county of the child's 
 53.30  residence.  If delinquency, a juvenile petty offense, or a 
 53.31  juvenile traffic offense is alleged, proceedings shall be 
 53.32  brought in the county of residence or the county where the 
 53.33  alleged delinquency, juvenile petty offense, or juvenile traffic 
 53.34  offense occurred.  
 53.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 53.36  and applies to offenses committed on or after that date. 
 54.1      Sec. 2.  Minnesota Statutes 2002, section 260B.105, 
 54.2   subdivision 2, is amended to read: 
 54.3      Subd. 2.  [TRANSFER.] The judge of the juvenile court may 
 54.4   transfer any proceedings brought under section 260B.101, to the 
 54.5   juvenile court of a county having venue as provided in 
 54.6   subdivision 1, at any stage of the proceedings and in the 
 54.7   following manner.  When it appears that the best interests of 
 54.8   the child, society, or the convenience of proceedings will be 
 54.9   served by a transfer, the court may transfer the case to the 
 54.10  juvenile court of the county of the child's residence.  With the 
 54.11  consent of the receiving court, the court may also transfer the 
 54.12  case to the juvenile court of the county where the child is 
 54.13  found or,.  If delinquency, a juvenile petty offense, or a 
 54.14  juvenile traffic offense is alleged, to the county where the 
 54.15  alleged delinquency, juvenile petty offense, or juvenile traffic 
 54.16  offense occurred the court shall first hear the case and then 
 54.17  may transfer the case to the juvenile court of the county of the 
 54.18  child's residence for disposition after a finding or admission 
 54.19  of guilt.  The court transfers the case by ordering a 
 54.20  continuance and by forwarding to the court administrator of the 
 54.21  appropriate juvenile court a certified copy of all papers filed, 
 54.22  together with an order of transfer.  The judge of the receiving 
 54.23  court may accept the findings of the transferring court or may 
 54.24  direct the filing of a new petition or notice under section 
 54.25  260B.007, subdivision 18, or 260B.143 and hear the case anew.  
 54.26     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 54.27  and applies to offenses committed on or after that date. 
 54.28     Sec. 3.  Minnesota Statutes 2002, section 260B.125, 
 54.29  subdivision 8, is amended to read: 
 54.30     Subd. 8.  [WRITTEN FINDINGS; OPTIONS.] The court shall 
 54.31  decide whether to order certification within 15 days after the 
 54.32  certification hearing was completed, unless additional time is 
 54.33  needed, in which case the court may extend the period up to 
 54.34  another 15 days.  If the juvenile court orders certification, 
 54.35  and the presumption described in subdivision 3 does not apply, 
 54.36  the order shall contain in writing, findings of fact and 
 55.1   conclusions of law as to why public safety is not served by 
 55.2   retaining the proceeding in the juvenile court.  If the juvenile 
 55.3   court, after a hearing conducted pursuant to subdivision 2, 
 55.4   decides not to order certification, the decision shall contain, 
 55.5   in writing, findings of fact and conclusions of law as to why 
 55.6   certification is not ordered.  If the delinquency petition was 
 55.7   filed before July 1, 2003, and the juvenile court decides not to 
 55.8   order certification in a case in which the presumption described 
 55.9   in subdivision 3 applies, the court shall designate the 
 55.10  proceeding an extended jurisdiction juvenile prosecution and 
 55.11  include in its decision written findings of fact and conclusions 
 55.12  of law as to why the retention of the proceeding in juvenile 
 55.13  court serves public safety, with specific reference to the 
 55.14  factors listed in subdivision 4.  If the delinquency petition 
 55.15  was filed before July 1, 2003, and the court decides not to 
 55.16  order certification in a case in which the presumption described 
 55.17  in subdivision 3 does not apply, the court may designate the 
 55.18  proceeding an extended jurisdiction juvenile prosecution, 
 55.19  pursuant to the hearing process described in section 260B.130, 
 55.20  subdivision 2.  
 55.21     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 55.22     Sec. 4.  Minnesota Statutes 2002, section 260B.130, 
 55.23  subdivision 1, is amended to read: 
 55.24     Subdivision 1.  (a) [AVAILABILITY.] Extended jurisdiction 
 55.25  juvenile prosecution cannot be used for crimes charged or 
 55.26  delinquency petitions filed after July 1, 2003.  Persons 
 55.27  receiving an extended juvenile jurisdiction adjudication for 
 55.28  crimes charged or delinquency petitions filed before July 1, 
 55.29  2003, shall complete their sentence as extended jurisdiction 
 55.30  juveniles.  
 55.31     (b) [DESIGNATION.] A proceeding involving a child alleged 
 55.32  to have committed a felony offense is an extended jurisdiction 
 55.33  juvenile prosecution if: 
 55.34     (1) the child was 14 to 17 years old at the time of the 
 55.35  alleged offense, a certification hearing was held, and the court 
 55.36  designated the proceeding an extended jurisdiction juvenile 
 56.1   prosecution; 
 56.2      (2) the child was 16 or 17 years old at the time of the 
 56.3   alleged offense; the child is alleged to have committed an 
 56.4   offense for which the sentencing guidelines and applicable 
 56.5   statutes presume a commitment to prison or to have committed any 
 56.6   felony in which the child allegedly used a firearm; and the 
 56.7   prosecutor designated in the delinquency petition that the 
 56.8   proceeding is an extended jurisdiction juvenile prosecution; or 
 56.9      (3) the child was 14 to 17 years old at the time of the 
 56.10  alleged offense, the prosecutor requested that the proceeding be 
 56.11  designated an extended jurisdiction juvenile prosecution, a 
 56.12  hearing was held on the issue of designation, and the court 
 56.13  designated the proceeding an extended jurisdiction juvenile 
 56.14  prosecution.  
 56.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 56.16     Sec. 5.  Minnesota Statutes 2002, section 260B.141, 
 56.17  subdivision 4, is amended to read: 
 56.18     Subd. 4.  [DELINQUENCY PETITION; EXTENDED JURISDICTION 
 56.19  JUVENILE.] When a prosecutor files a delinquency petition before 
 56.20  July 1, 2003, alleging that a child committed a felony offense 
 56.21  for which there is a presumptive commitment to prison according 
 56.22  to the sentencing guidelines and applicable statutes or in which 
 56.23  the child used a firearm, after reaching the age of 16 years, 
 56.24  the prosecutor shall indicate in the petition whether the 
 56.25  prosecutor designates the proceeding an extended jurisdiction 
 56.26  juvenile prosecution.  When a prosecutor files a delinquency 
 56.27  petition before July 1, 2003, alleging that a child aged 14 to 
 56.28  17 years committed a felony offense, the prosecutor may request 
 56.29  that the court designate the proceeding an extended jurisdiction 
 56.30  juvenile prosecution.  
 56.31     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 56.32     Sec. 6.  Minnesota Statutes 2002, section 260B.143, 
 56.33  subdivision 1, is amended to read: 
 56.34     Subdivision 1.  [NOTICE.] When a peace officer has probable 
 56.35  cause to believe that a child: 
 56.36     (1) is a juvenile petty offender; or 
 57.1      (2) has committed a delinquent act that would be a petty 
 57.2   misdemeanor or misdemeanor if committed by an adult, 
 57.3   the officer may issue a notice to the child to appear in 
 57.4   juvenile court in the county in which the child is found or in 
 57.5   the county of the child's residence or, in the case of a 
 57.6   juvenile petty offense, or a petty misdemeanor or misdemeanor 
 57.7   delinquent act, the county in which the offense was committed is 
 57.8   alleged to have committed the offense.  The officer shall file a 
 57.9   copy of the notice to appear with the juvenile court of the 
 57.10  appropriate county.  If a child fails to appear in response to 
 57.11  the notice, the court may issue a summons notifying the child of 
 57.12  the nature of the offense alleged and the time and place set for 
 57.13  the hearing.  If the peace officer finds it necessary to take 
 57.14  the child into custody, sections 260B.175 and 260B.176 shall 
 57.15  apply. 
 57.16     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 57.17  and applies to offenses committed on or after that date. 
 57.18     Sec. 7.  Minnesota Statutes 2002, section 260B.193, 
 57.19  subdivision 5, is amended to read: 
 57.20     Subd. 5.  [TERMINATION OF JURISDICTION.] (a) The court may 
 57.21  dismiss the petition or otherwise terminate its jurisdiction on 
 57.22  its own motion or on the motion or petition of any interested 
 57.23  party at any time.  Unless terminated by the court, and except 
 57.24  as otherwise provided in this subdivision, the jurisdiction of 
 57.25  the court shall continue until the individual becomes 19 years 
 57.26  of age if the court determines it is in the best interest of the 
 57.27  individual to do so.  
 57.28     (b) The jurisdiction of the court over an extended 
 57.29  jurisdiction juvenile, with respect to the offense for which the 
 57.30  individual was convicted as an extended jurisdiction juvenile, 
 57.31  extends until the offender becomes 21 years of age, unless the 
 57.32  court terminates jurisdiction before that date.  
 57.33     (c) The juvenile court has jurisdiction to designate the 
 57.34  proceeding an extended jurisdiction juvenile prosecution, to 
 57.35  hold a certification hearing, or to conduct a trial, or receive 
 57.36  a plea, or impose a disposition under section 260B.130, 
 58.1   subdivision 4, if: 
 58.2      (1) an adult is alleged to have committed an offense before 
 58.3   the adult's 18th birthday; and 
 58.4      (2) a petition is filed under section 260B.141 before 
 58.5   expiration of the time for filing under section 628.26 and 
 58.6   before the adult's 21st birthday. 
 58.7   The juvenile court lacks jurisdiction under this paragraph if 
 58.8   the adult demonstrates that the delay was purposefully caused by 
 58.9   the state in order to gain an unfair advantage. 
 58.10     (d) The district court has original and exclusive 
 58.11  jurisdiction over a proceeding: 
 58.12     (1) that involves an adult who is alleged to have committed 
 58.13  an offense before the adult's 18th birthday; and 
 58.14     (2) in which a criminal complaint is filed before 
 58.15  expiration of the time for filing under section 628.26 and after 
 58.16  the adult's 21st birthday. 
 58.17     The juvenile court retains jurisdiction if the adult 
 58.18  demonstrates that the delay in filing a criminal complaint was 
 58.19  purposefully caused by the state in order to gain an unfair 
 58.20  advantage. 
 58.21     (e) The juvenile court has jurisdiction over a person who 
 58.22  has been adjudicated delinquent, has been found to have 
 58.23  committed a delinquent act, or has been charged by juvenile 
 58.24  petition until the person's 21st birthday if the person fails to 
 58.25  appear at any juvenile court hearing or fails to appear at or 
 58.26  absconds from any placement under a juvenile court order.  The 
 58.27  juvenile court has jurisdiction over a convicted extended 
 58.28  jurisdiction juvenile who fails to appear at any juvenile court 
 58.29  hearing or fails to appear at or absconds from any placement 
 58.30  under section 260B.130, subdivision 4.  The juvenile court lacks 
 58.31  jurisdiction under this paragraph if the adult demonstrates that 
 58.32  the delay was purposefully caused by the state in order to gain 
 58.33  an unfair advantage.  
 58.34     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 58.35     Sec. 8.  Minnesota Statutes 2002, section 260C.163, 
 58.36  subdivision 5, is amended to read: 
 59.1      Subd. 5.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 59.2   a guardian ad litem to protect the interests of the minor when 
 59.3   it appears, at any stage of the proceedings, that the minor is 
 59.4   without a parent or guardian, or that the minor's parent is a 
 59.5   minor or incompetent, or that the parent or guardian is 
 59.6   indifferent or hostile to the minor's interests, and in every 
 59.7   proceeding alleging a child's need for protection or services 
 59.8   under section 260C.007, subdivision 6, except proceedings where 
 59.9   the sole allegation is that the child is a runaway or habitual 
 59.10  truant.  In any other case the court may appoint a guardian ad 
 59.11  litem to protect the interests of the minor when the court feels 
 59.12  that such an appointment is desirable.  The court shall appoint 
 59.13  the guardian ad litem on its own motion or in the manner 
 59.14  provided for the appointment of a guardian ad litem in the 
 59.15  district court.  The court may appoint separate counsel for the 
 59.16  guardian ad litem if necessary.  
 59.17     (b) A guardian ad litem shall carry out the following 
 59.18  responsibilities: 
 59.19     (1) conduct an independent investigation to determine the 
 59.20  facts relevant to the situation of the child and the family, 
 59.21  which must include, unless specifically excluded by the court, 
 59.22  reviewing relevant documents; meeting with and observing the 
 59.23  child in the home setting and considering the child's wishes, as 
 59.24  appropriate; and interviewing parents, caregivers, and others 
 59.25  with knowledge relevant to the case; 
 59.26     (2) advocate for the child's best interests by 
 59.27  participating in appropriate aspects of the case and advocating 
 59.28  for appropriate community services when necessary; 
 59.29     (3) maintain the confidentiality of information related to 
 59.30  a case, with the exception of sharing information as permitted 
 59.31  by law to promote cooperative solutions that are in the best 
 59.32  interests of the child; 
 59.33     (4) monitor the child's best interests throughout the 
 59.34  judicial proceeding; and 
 59.35     (5) present written reports on the child's best interests 
 59.36  that include conclusions and recommendations and the facts upon 
 60.1   which they are based. 
 60.2      (c) Except in cases where the child is alleged to have been 
 60.3   abused or neglected, the court may waive the appointment of a 
 60.4   guardian ad litem pursuant to clause (a), whenever counsel has 
 60.5   been appointed pursuant to subdivision 2 or is retained 
 60.6   otherwise, and the court is satisfied that the interests of the 
 60.7   minor are protected. 
 60.8      (d) In appointing a guardian ad litem pursuant to clause 
 60.9   (a), the court shall not appoint the party, or any agent or 
 60.10  employee thereof, filing a petition pursuant to section 260C.141.
 60.11     (e) The following factors shall be considered when 
 60.12  appointing a guardian ad litem in a case involving an Indian or 
 60.13  minority child: 
 60.14     (1) whether a person is available who is the same racial or 
 60.15  ethnic heritage as the child or, if that is not possible; 
 60.16     (2) whether a person is available who knows and appreciates 
 60.17  the child's racial or ethnic heritage. 
 60.18     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 60.19  and applies to offenses committed on or after that date. 
 60.20     Sec. 9.  Minnesota Statutes 2002, section 609.055, 
 60.21  subdivision 2, is amended to read: 
 60.22     Subd. 2.  [ADULT PROSECUTION.] (a) Except as otherwise 
 60.23  provided in paragraph (b), children of the age of 14 years or 
 60.24  over but under 18 years may be prosecuted for a felony offense 
 60.25  if the alleged violation is duly certified for prosecution under 
 60.26  the laws and court procedures controlling adult criminal 
 60.27  violations or, if charged before July 1, 2003, may be designated 
 60.28  an extended jurisdiction juvenile in accordance with the 
 60.29  provisions of chapter 260B.  A child who is 16 years of age or 
 60.30  older but under 18 years of age is capable of committing a crime 
 60.31  and may be prosecuted for a felony if: 
 60.32     (1) the child has been previously certified on a felony 
 60.33  charge pursuant to a hearing under section 260B.125, subdivision 
 60.34  2, or pursuant to the waiver of the right to such a hearing, or 
 60.35  prosecuted pursuant to this subdivision; and 
 60.36     (2) the child was convicted of the felony offense or 
 61.1   offenses for which the child was prosecuted or of a lesser 
 61.2   included felony offense. 
 61.3      (b) A child who is alleged to have committed murder in the 
 61.4   first degree after becoming 16 years of age is capable of 
 61.5   committing a crime and may be prosecuted for the felony.  This 
 61.6   paragraph does not apply to a child alleged to have committed 
 61.7   attempted murder in the first degree after becoming 16 years of 
 61.8   age. 
 61.9      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 61.10                             ARTICLE 8 
 61.11                          CRIMINAL JUSTICE 
 61.12     Section 1.  Minnesota Statutes 2002, section 152.021, 
 61.13  subdivision 2a, is amended to read: 
 61.14     Subd. 2a.  [MANUFACTURE CRIMES.] (a) Notwithstanding 
 61.15  subdivision 1, sections 152.022, subdivision 1, 152.023, 
 61.16  subdivision 1, and 152.024, subdivision 1, a person is guilty of 
 61.17  controlled substance crime in the first degree if the person 
 61.18  manufactures any amount of methamphetamine. 
 61.19     (b) Notwithstanding paragraph (a) and section 609.17, a 
 61.20  person is guilty of attempted manufacture of methamphetamine if 
 61.21  the person possesses any chemical reagents or precursors with 
 61.22  the intent to manufacture methamphetamine.  As used in this 
 61.23  section, "chemical reagents or precursors" refers to one or more 
 61.24  of the following substances, or their salts, isomers, and salts 
 61.25  of isomers: 
 61.26     (1) ephedrine; 
 61.27     (2) pseudoephedrine; 
 61.28     (3) phenyl-2-propanone; 
 61.29     (4) phenylacetone; 
 61.30     (5) anhydrous ammonia, as defined in section 18C.005, 
 61.31  subdivision 1a; 
 61.32     (6) organic solvents; 
 61.33     (7) hydrochloric acid; 
 61.34     (8) lithium metal; 
 61.35     (9) sodium metal; 
 61.36     (10) ether; 
 62.1      (11) sulfuric acid; 
 62.2      (12) red phosphorus; 
 62.3      (13) iodine; 
 62.4      (14) sodium hydroxide; 
 62.5      (15) benzaldehyde; 
 62.6      (16) benzyl methyl ketone; 
 62.7      (17) benzyl cyanide; 
 62.8      (18) nitroethane; 
 62.9      (19) methylamine; 
 62.10     (20) phenylacetic acid; 
 62.11     (21) hydriodic acid; or 
 62.12     (22) hydriotic acid. 
 62.13     <b>[EFFECTIVE DATE.]</b> This section is effective for crimes 
 62.14  committed on or after August 1, 2003. 
 62.15     Sec. 2.  Minnesota Statutes 2002, section 152.021, 
 62.16  subdivision 3, is amended to read: 
 62.17     Subd. 3.  [PENALTY.] (a) A person convicted under 
 62.18  subdivisions 1 to 2a, paragraph (a), may be sentenced to 
 62.19  imprisonment for not more than 30 years or to payment of a fine 
 62.20  of not more than $1,000,000, or both; a person convicted under 
 62.21  subdivision 2a, paragraph (b), may be sentenced to imprisonment 
 62.22  for not more than 15 years or to payment of a fine of not more 
 62.23  than $500,000, or both. 
 62.24     (b) If the conviction is a subsequent controlled substance 
 62.25  conviction, a person convicted under subdivisions 1 to 2a, 
 62.26  paragraph (a), shall be committed to the commissioner of 
 62.27  corrections for not less than four years nor more than 40 years 
 62.28  and, in addition, may be sentenced to payment of a fine of not 
 62.29  more than $1,000,000; a person convicted under subdivision 2a, 
 62.30  paragraph (b), may be sentenced to imprisonment for not more 
 62.31  than 20 years or to payment of a fine of not more than $500,000, 
 62.32  or both.  
 62.33     (c) In a prosecution under subdivision 1 involving sales by 
 62.34  the same person in two or more counties within a 90-day period, 
 62.35  the person may be prosecuted for all of the sales in any county 
 62.36  in which one of the sales occurred.  
 63.1      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 63.2   and applies to crimes committed on or after that date. 
 63.3      Sec. 3.  Minnesota Statutes 2002, section 357.021, 
 63.4   subdivision 6, is amended to read: 
 63.5      Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
 63.6   (a) Until June 30, 2007, the court shall impose and the court 
 63.7   administrator shall collect a $35 $40 surcharge on every person 
 63.8   convicted of any felony, gross misdemeanor, misdemeanor, or 
 63.9   petty misdemeanor offense, other than a violation of a law or 
 63.10  ordinance relating to vehicle parking.  On and after July 1, 
 63.11  2007, the surcharge shall be $35.  The surcharge shall be 
 63.12  imposed whether or not the person is sentenced to imprisonment 
 63.13  or the sentence is stayed.  
 63.14     (b) If the court fails to impose a surcharge as required by 
 63.15  this subdivision, the court administrator shall show the 
 63.16  imposition of the surcharge, collect the surcharge and correct 
 63.17  the record. 
 63.18     (c) The court may not waive payment of the surcharge 
 63.19  required under this subdivision.  Upon a showing of indigency or 
 63.20  undue hardship upon the convicted person or the convicted 
 63.21  person's immediate family, the sentencing court may authorize 
 63.22  payment of the surcharge in installments. 
 63.23     (d) The court administrator or other entity collecting a 
 63.24  surcharge shall forward it to the state treasurer. 
 63.25     (e) If the convicted person is sentenced to imprisonment 
 63.26  and has not paid the surcharge before the term of imprisonment 
 63.27  begins, the chief executive officer of the correctional facility 
 63.28  in which the convicted person is incarcerated shall collect the 
 63.29  surcharge from any earnings the inmate accrues from work 
 63.30  performed in the facility or while on conditional release.  The 
 63.31  chief executive officer shall forward the amount collected to 
 63.32  the state treasurer. 
 63.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003, 
 63.34  and applies to crimes committed on or after that date. 
 63.35     Sec. 4.  Minnesota Statutes 2002, section 357.021, 
 63.36  subdivision 7, is amended to read: 
 64.1      Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 
 64.2   (a) Except as provided in paragraphs (b) and (c), the state 
 64.3   treasurer shall disburse surcharges received under subdivision 6 
 64.4   and section 97A.065, subdivision 2, as follows: 
 64.5      (1) one percent shall be credited to the game and fish fund 
 64.6   to provide peace officer training for employees of the 
 64.7   department of natural resources who are licensed under sections 
 64.8   626.84 to 626.863, and who possess peace officer authority for 
 64.9   the purpose of enforcing game and fish laws; 
 64.10     (2) 39 percent shall be credited to the peace officers 
 64.11  training account in the special revenue fund; and 
 64.12     (3) 60 percent shall be credited to the general fund.  
 64.13     (b) The state treasurer shall credit $3 $10 of each 
 64.14  surcharge received under subdivision 6 and section 97A.065, 
 64.15  subdivision 2, to a criminal justice special projects account in 
 64.16  the special revenue fund.  This account is available for 
 64.17  appropriation to the commissioner of public safety for grants to 
 64.18  law enforcement agencies and for other purposes authorized by 
 64.19  the legislature the general fund. 
 64.20     (c) In addition to any amounts credited under paragraph 
 64.21  (a), the state treasurer shall credit $7 $5 of each surcharge 
 64.22  received under subdivision 6 and section 97A.065, subdivision 2, 
 64.23  to the general fund, until June 30, 2007. 
 64.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 64.25     Sec. 5.  Minnesota Statutes 2002, section 609.185, is 
 64.26  amended to read: 
 64.27     609.185 [MURDER IN THE FIRST DEGREE.] 
 64.28     (a) Whoever does any of the following is guilty of murder 
 64.29  in the first degree and shall be sentenced to imprisonment for 
 64.30  life: 
 64.31     (1) causes the death of a human being with premeditation 
 64.32  and with intent to effect the death of the person or of another; 
 64.33     (2) causes the death of a human being while committing or 
 64.34  attempting to commit criminal sexual conduct in the first or 
 64.35  second degree with force or violence, either upon or affecting 
 64.36  the person or another; 
 65.1      (3) causes the death of a human being with intent to effect 
 65.2   the death of the person or another, while committing or 
 65.3   attempting to commit burglary, aggravated robbery, kidnapping, 
 65.4   arson in the first or second degree, a drive-by shooting, 
 65.5   tampering with a witness in the first degree, escape from 
 65.6   custody, or any felony violation of chapter 152 involving the 
 65.7   unlawful sale of a controlled substance; 
 65.8      (4) causes the death of a peace officer or a guard employed 
 65.9   at a Minnesota state or local correctional facility, with intent 
 65.10  to effect the death of that person or another, while the peace 
 65.11  officer or guard is engaged in the performance of official 
 65.12  duties; 
 65.13     (5) causes the death of a minor while committing child 
 65.14  abuse, when the perpetrator has engaged in a past pattern of 
 65.15  child abuse upon the a child and the death occurs under 
 65.16  circumstances manifesting an extreme indifference to human life; 
 65.17     (6) causes the death of a human being while committing 
 65.18  domestic abuse, when the perpetrator has engaged in a past 
 65.19  pattern of domestic abuse upon the victim or upon another family 
 65.20  or household member and the death occurs under circumstances 
 65.21  manifesting an extreme indifference to human life; or 
 65.22     (7) causes the death of a human being while committing, 
 65.23  conspiring to commit, or attempting to commit a felony crime to 
 65.24  further terrorism and the death occurs under circumstances 
 65.25  manifesting an extreme indifference to human life. 
 65.26     (b) For purposes of paragraph (a), clause (5), "child abuse"
 65.27  means an act committed against a minor victim that constitutes a 
 65.28  violation of the following laws of this state or any similar 
 65.29  laws of the United States or any other state:  section 609.221; 
 65.30  609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
 65.31  609.345; 609.377; 609.378; or 609.713. 
 65.32     (c) For purposes of paragraph (a), clause (6), "domestic 
 65.33  abuse" means an act that: 
 65.34     (1) constitutes a violation of section 609.221, 609.222, 
 65.35  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 65.36  609.713, or any similar laws of the United States or any other 
 66.1   state; and 
 66.2      (2) is committed against the victim who is a family or 
 66.3   household member as defined in section 518B.01, subdivision 2, 
 66.4   paragraph (b). 
 66.5      (d) For purposes of paragraph (a), clause (7), "further 
 66.6   terrorism" has the meaning given in section 609.714, subdivision 
 66.7   1. 
 66.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 66.9   following final enactment and applies to crimes committed on or 
 66.10  after that date. 
 66.11     Sec. 6.  Minnesota Statutes 2002, section 609.527, 
 66.12  subdivision 3, is amended to read: 
 66.13     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
 66.14  may be sentenced as follows: 
 66.15     (1) if the offense involves a single direct victim and the 
 66.16  total, combined loss to the direct victim and any indirect 
 66.17  victims is $250 or less, the person may be sentenced as provided 
 66.18  in section 609.52, subdivision 3, clause (5); 
 66.19     (2) if the offense involves a single direct victim and the 
 66.20  total, combined loss to the direct victim and any indirect 
 66.21  victims is more than $250 but not more than $500, the person may 
 66.22  be sentenced as provided in section 609.52, subdivision 3, 
 66.23  clause (4); 
 66.24     (3) if the offense involves two or three direct victims or 
 66.25  the total, combined loss to the direct and indirect victims is 
 66.26  more than $500 but not more than $2,500, the person may be 
 66.27  sentenced as provided in section 609.52, subdivision 3, clause 
 66.28  (3); and 
 66.29     (4) if the offense involves four or more than three but not 
 66.30  more than seven direct victims, or if the total, combined loss 
 66.31  to the direct and indirect victims is more than $2,500, the 
 66.32  person may be sentenced as provided in section 609.52, 
 66.33  subdivision 3, clause (2); and 
 66.34     (5) if the offense involves eight or more direct victims, 
 66.35  or if the total, combined loss to the direct and indirect 
 66.36  victims is more than $35,000, the person may be sentenced as 
 67.1   provided in section 609.52, subdivision 3, clause (1). 
 67.2      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 67.3   and applies to crimes committed on or after that date. 
 67.4      Sec. 7.  Minnesota Statutes 2002, section 609.68, is 
 67.5   amended to read: 
 67.6      609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
 67.7      Whoever unlawfully deposits garbage, rubbish, offal, or the 
 67.8   body of a dead animal, or other litter in or upon any public 
 67.9   highway, public waters or the ice thereon, shoreland areas 
 67.10  adjacent to rivers or streams as defined by section 103F.205, 
 67.11  public lands, or, without the consent of the owner, private 
 67.12  lands or water or ice thereon, is guilty of a petty misdemeanor. 
 67.13     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 67.14  and applies to crimes committed on or after that date. 
 67.15     Sec. 8.  Minnesota Statutes 2002, section 609.681, is 
 67.16  amended to read: 
 67.17     609.681 [UNLAWFUL SMOKING.] 
 67.18     A person is guilty of a petty misdemeanor if the person 
 67.19  intentionally smokes in a building, area, or common carrier in 
 67.20  which "no smoking" notices have been prominently posted, or when 
 67.21  requested not to by the operator of the common carrier. 
 67.22     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003 
 67.23  and applies to crimes committed on or after that date. 
 67.24     Sec. 9.  Minnesota Statutes 2002, section 609.748, 
 67.25  subdivision 3, is amended to read: 
 67.26     Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
 67.27  petition for relief must allege facts sufficient to show the 
 67.28  following:  
 67.29     (1) the name of the alleged harassment victim; 
 67.30     (2) the name of the respondent; and 
 67.31     (3) that the respondent has engaged in harassment. 
 67.32  The petition shall be accompanied by an affidavit made under 
 67.33  oath stating the specific facts and circumstances from which 
 67.34  relief is sought.  The court shall provide simplified forms and 
 67.35  clerical assistance to help with the writing and filing of a 
 67.36  petition under this section and shall advise the petitioner of 
 68.1   the right to sue in forma pauperis under section 563.01.  The 
 68.2   court shall advise the petitioner of the right to request a 
 68.3   hearing.  If the petitioner does not request a hearing, the 
 68.4   court shall advise the petitioner that the respondent may 
 68.5   request a hearing and that notice of the hearing date and time 
 68.6   will be provided to the petitioner by mail at least five days 
 68.7   before the hearing.  Upon receipt of the petition and a request 
 68.8   for a hearing by the petitioner, the court shall order a 
 68.9   hearing, which must be held not later than 14 days from the date 
 68.10  of the order.  Personal service must be made upon the respondent 
 68.11  not less than five days before the hearing.  If personal service 
 68.12  cannot be completed in time to give the respondent the minimum 
 68.13  notice required under this paragraph, the court may set a new 
 68.14  hearing date.  Nothing in this section shall be construed as 
 68.15  requiring a hearing on a matter that has no merit.  
 68.16     (b) Notwithstanding paragraph (a), the order for a hearing 
 68.17  and a temporary order issued under subdivision 4 may be served 
 68.18  on the respondent by means of a one-week published notice under 
 68.19  section 645.11, if: 
 68.20     (1) the petitioner files an affidavit with the court 
 68.21  stating that an attempt at personal service made by a sheriff 
 68.22  was unsuccessful because the respondent is avoiding service by 
 68.23  concealment or otherwise; and 
 68.24     (2) a copy of the petition and order for hearing and any 
 68.25  temporary restraining order has been mailed to the respondent at 
 68.26  the respondent's residence or place of business, if the 
 68.27  respondent is an organization, or the respondent's residence or 
 68.28  place of business is not known to the petitioner. 
 68.29     (c) Regardless of the method of service, if the respondent 
 68.30  is a juvenile, whenever possible, the court also shall have 
 68.31  notice of the pendency of the case and of the time and place of 
 68.32  the hearing served by mail at the last known address upon any 
 68.33  parent or guardian of the juvenile respondent who is not the 
 68.34  petitioner. 
 68.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 68.36  and applies to crimes committed on or after that date. 
 69.1      Sec. 10.  Minnesota Statutes 2002, section 609.748, 
 69.2   subdivision 4, is amended to read: 
 69.3      Subd. 4.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
 69.4   issue a temporary restraining order ordering the respondent to 
 69.5   cease or avoid the harassment of another person or to have no 
 69.6   contact with that person if the petitioner files a petition in 
 69.7   compliance with subdivision 3 and if the court finds reasonable 
 69.8   grounds to believe that the respondent has engaged in 
 69.9   harassment.  When a petition alleges harassment as defined by 
 69.10  subdivision 1, paragraph (a), clause (1), the petition must 
 69.11  further allege an immediate and present danger of harassment 
 69.12  before the court may issue a temporary restraining order under 
 69.13  this section.  
 69.14     (b) Notice need not be given to the respondent before the 
 69.15  court issues a temporary restraining order under this 
 69.16  subdivision.  A copy of the restraining order must be served on 
 69.17  the respondent along with the order for hearing and petition, as 
 69.18  provided in subdivision 3.  If the respondent is a juvenile, 
 69.19  whenever possible, a copy of the restraining order, along with 
 69.20  notice of the pendency of the case and the time and place of the 
 69.21  hearing, shall also be served by mail at the last known address 
 69.22  upon any parent or guardian of the juvenile respondent who is 
 69.23  not the petitioner.  A temporary restraining order may be 
 69.24  entered only against the respondent named in the petition.  
 69.25     (c) The temporary restraining order is in effect until a 
 69.26  hearing is held on the issuance of a restraining order under 
 69.27  subdivision 5.  The court shall hold the hearing on the issuance 
 69.28  of a restraining order within 14 days after the temporary 
 69.29  restraining order is issued unless (1) the time period is 
 69.30  extended upon written consent of the parties; or (2) the time 
 69.31  period is extended if the petitioner requests a hearing.  The 
 69.32  hearing may be continued by the court for one additional 14-day 
 69.33  period upon a showing that the respondent has not been served 
 69.34  with a copy of the temporary restraining order despite the 
 69.35  exercise of due diligence or if service is made by published 
 69.36  notice under subdivision 3 and the petitioner files the 
 70.1   affidavit required under that subdivision. 
 70.2      (d) If the temporary restraining order has been issued and 
 70.3   the respondent requests a hearing, the hearing shall be 
 70.4   scheduled by the court upon receipt of the respondent's 
 70.5   request.  Service of the notice of hearing must be made upon the 
 70.6   petitioner not less than five days prior to the hearing.  The 
 70.7   court shall serve the notice of the hearing upon the petitioner 
 70.8   by mail in the manner provided in the rules of civil procedure 
 70.9   for pleadings subsequent to a complaint and motions and shall 
 70.10  also mail notice of the date and time of the hearing to the 
 70.11  respondent.  In the event that service cannot be completed in 
 70.12  time to give the respondent or petitioner the minimum notice 
 70.13  required under this subdivision, the court may set a new hearing 
 70.14  date. 
 70.15     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 70.16  and applies to crimes committed on or after that date. 
 70.17     Sec. 11.  Minnesota Statutes 2002, section 609.748, 
 70.18  subdivision 5, is amended to read: 
 70.19     Subd. 5.  [RESTRAINING ORDER.] (a) The court may grant a 
 70.20  restraining order ordering the respondent to cease or avoid the 
 70.21  harassment of another person or to have no contact with that 
 70.22  person if all of the following occur:  
 70.23     (1) the petitioner has filed a petition under subdivision 
 70.24  3; 
 70.25     (2) the sheriff has served respondent with a copy of the 
 70.26  temporary restraining order obtained under subdivision 4, and 
 70.27  with notice of the time and place of the right to request a 
 70.28  hearing, or service has been made by publication under 
 70.29  subdivision 3, paragraph (b); and 
 70.30     (3) the court finds at the hearing that there are 
 70.31  reasonable grounds to believe that the respondent has engaged in 
 70.32  harassment.  
 70.33  A restraining order may be issued only against the respondent 
 70.34  named in the petition; except that if the respondent is an 
 70.35  organization, the order may be issued against and apply to all 
 70.36  of the members of the organization.  Relief granted by the 
 71.1   restraining order must be for a fixed period of not more than 
 71.2   two years.  When a referee presides at the hearing on the 
 71.3   petition, the restraining order becomes effective upon the 
 71.4   referee's signature. 
 71.5      (b) An order issued under this subdivision must be 
 71.6   personally served upon the respondent. 
 71.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 71.8      Sec. 12.  [SENTENCING GUIDELINES MODIFICATIONS REQUIRED; 
 71.9   AGGRAVATING FACTOR; IDENTITY THEFT.] 
 71.10     By August 1, 2003, the sentencing guidelines commission 
 71.11  shall modify Minnesota Sentencing Guidelines, section II.D., by 
 71.12  adding to the list of the aggravating factors that may be used 
 71.13  as a basis for a sentencing departure, the offender's use of 
 71.14  another's identity without authorization to commit a crime.  
 71.15  This aggravating factor may not be used when the use of 
 71.16  another's identity is an element of the offense.  
 71.17     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 71.18  and applies to crimes committed on or after that date. 
 71.19     Sec. 13.  [REPEALER.] 
 71.20     Minnesota Statutes 2002, section 152.135, subdivision 4, is 
 71.21  repealed. 
 71.22     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 71.23  and applies to crimes committed on or after that date. 
 71.24                             ARTICLE 9 
 71.25                 DRIVING WHILE IMPAIRED PROVISIONS
 71.26     Section 1.  Minnesota Statutes 2002, section 169A.03, 
 71.27  subdivision 21, is amended to read: 
 71.28     Subd. 21.  [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 
 71.29  LICENSE.] (a) "Prior impaired driving-related loss of license" 
 71.30  includes a driver's license suspension, revocation, 
 71.31  cancellation, denial, or disqualification under: 
 71.32     (1) section 169A.31 (alcohol-related school bus or Head 
 71.33  Start bus driving); 169A.50 to 169A.53 (implied consent law); 
 71.34  169A.54 (impaired driving convictions and adjudications; 
 71.35  administrative penalties); 171.04 (persons not eligible for 
 71.36  drivers' licenses); 171.14 (cancellation); 171.16 (court may 
 72.1   recommend suspension); 171.165 (commercial driver's license, 
 72.2   disqualification); 171.17 (revocation); or 171.18 (suspension); 
 72.3   because of an alcohol-related incident; 
 72.4      (2) section 609.21 (criminal vehicular homicide and injury, 
 72.5   substance-related offenses), subdivision 1, clauses (2) to (6); 
 72.6   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 72.7   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 72.8   clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
 72.9      (3) Minnesota Statutes 1998, section 169.121 (driver under 
 72.10  influence of alcohol or controlled substance); 169.1211 
 72.11  (alcohol-related driving by commercial vehicle drivers); or 
 72.12  169.123 (chemical tests for intoxication); or 
 72.13     (4) an ordinance from this state, or a statute or ordinance 
 72.14  from another state, in conformity with any provision listed in 
 72.15  clause (1), (2), or (3). 
 72.16     (b) "Prior impaired driving-related loss of license" also 
 72.17  includes the revocation of snowmobile or all-terrain vehicle 
 72.18  operating privileges under section 84.911 (chemical testing), or 
 72.19  motorboat operating privileges under section 86B.335 (testing 
 72.20  for alcohol and controlled substances), for violations that 
 72.21  occurred on or after August 1, 1994; the revocation of 
 72.22  snowmobile or all-terrain vehicle operating privileges under 
 72.23  section 84.91 (operation of snowmobiles and all-terrain vehicles 
 72.24  by persons under the influence of alcohol or controlled 
 72.25  substances); or the revocation of motorboat operating privileges 
 72.26  under section 86B.331 (operation while using alcohol or drugs or 
 72.27  with a physical or mental disability). 
 72.28     (c) "Prior impaired driving-related loss of license" does 
 72.29  not include any license action stemming solely from a violation 
 72.30  of section 169A.33 (underage drinking and driving), 171.09 
 72.31  (conditions of a restricted license), or 340A.503 (persons under 
 72.32  the age of 21, illegal acts). 
 72.33     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 72.34  and applies to violations committed on or after that date. 
 72.35     Sec. 2.  Minnesota Statutes 2002, section 169A.03, is 
 72.36  amended by adding a subdivision to read: 
 73.1      Subd. 5a.  [CONTROL ANALYSIS.] "Control analysis" means a 
 73.2   procedure involving a solution that yields a predictable alcohol 
 73.3   concentration reading. 
 73.4      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 73.5   and applies to violations committed on or after that date. 
 73.6      Sec. 3.  [169A.06] [CLARIFYING LEGISLATIVE INTENT.] 
 73.7      During the year 2000 recodification of Minnesota's impaired 
 73.8   driving statutes, now codified in Minnesota Statutes 2002, 
 73.9   chapter 169A, it was the intention of the legislature to 
 73.10  continue the policy of accountability for previous convictions 
 73.11  of impaired driving-related offenses and previous impaired 
 73.12  driving-related driver's license actions.  Specifically, it was 
 73.13  the intention of the legislature to count as aggravating factors 
 73.14  all qualified prior impaired driving incidents occurring within 
 73.15  the past ten years of an incident for purposes of any criminal 
 73.16  or civil sanctions under Minnesota Statutes 2002, chapter 169A, 
 73.17  whether a prior incident occurred before, during, or after 1998 
 73.18  or 1996.  The references to "Minnesota Statutes 1998" and 
 73.19  "Minnesota Statutes 1996" in Minnesota Statutes 2002, section 
 73.20  169A.03, subdivisions 20 and 21, follow standard editorial 
 73.21  practice in drafting legislation and are used to refer the 
 73.22  reader to the most recent printing of Minnesota statutes that 
 73.23  contained the relevant provisions of statute as they existed 
 73.24  prior to recodification, and are not intended to limit the 
 73.25  look-back period. 
 73.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 73.27     Sec. 4.  Minnesota Statutes 2002, section 169A.20, 
 73.28  subdivision 2, is amended to read: 
 73.29     Subd. 2.  [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 
 73.30  a crime for any person to refuse to submit to a chemical test of 
 73.31  the person's blood, breath, or urine under section 169A.51 
 73.32  (chemical tests for intoxication), or 169A.52 (test refusal or 
 73.33  failure; revocation of license). 
 73.34     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 73.35  and applies to violations committed on or after that date. 
 73.36     Sec. 5.  Minnesota Statutes 2002, section 169A.25, 
 74.1   subdivision 1, is amended to read: 
 74.2      Subdivision 1.  [DEGREE DESCRIBED.] (a) A person who 
 74.3   violates section 169A.20, subdivision 1 (driving while 
 74.4   impaired crime), is guilty of second-degree driving while 
 74.5   impaired if two or more aggravating factors were present when 
 74.6   the violation was committed.  
 74.7      (b) A person who violates section 169A.20, subdivision 2 
 74.8   (refusal to submit to chemical test crime), is guilty of 
 74.9   second-degree driving while impaired if one aggravating factor 
 74.10  was present when the violation was committed. 
 74.11     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 74.12  and applies to violations committed on or after that date. 
 74.13     Sec. 6.  Minnesota Statutes 2002, section 169A.26, 
 74.14  subdivision 1, is amended to read: 
 74.15     Subdivision 1.  [DEGREE DESCRIBED.] (a) A person who 
 74.16  violates section 169A.20, subdivision 1 (driving while 
 74.17  impaired crime), is guilty of third-degree driving while 
 74.18  impaired if one aggravating factor was present when the 
 74.19  violation was committed.  
 74.20     (b) A person who violates section 169A.20, subdivision 2 
 74.21  (refusal to submit to chemical test crime), is guilty of 
 74.22  third-degree driving while impaired. 
 74.23     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 74.24  and applies to violations committed on or after that date. 
 74.25     Sec. 7.  Minnesota Statutes 2002, section 169A.27, 
 74.26  subdivision 1, is amended to read: 
 74.27     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
 74.28  section 169A.20, subdivision 1 (driving while impaired crime), 
 74.29  is guilty of fourth-degree driving while impaired. 
 74.30     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 74.31  and applies to violations committed on or after that date. 
 74.32     Sec. 8.  Minnesota Statutes 2002, section 169A.275, 
 74.33  subdivision 3, is amended to read: 
 74.34     Subd. 3.  [FOURTH OFFENSE.] (a) Unless the court commits 
 74.35  the person to the custody of the commissioner of corrections as 
 74.36  provided in section 169A.276 (mandatory penalties; felony 
 75.1   violations), the court shall sentence a person who is convicted 
 75.2   of a violation of section 169A.20 (driving while impaired) 
 75.3   within ten years of the first of three qualified prior impaired 
 75.4   driving incidents to either: 
 75.5      (1) a minimum of 180 days of incarceration, at least 30 
 75.6   days of which must be served consecutively in a local 
 75.7   correctional facility; or 
 75.8      (2) a program of intensive supervision of the type 
 75.9   described in section 169A.74 (pilot programs of intensive 
 75.10  probation for repeat DWI offenders) that requires the person to 
 75.11  consecutively serve at least six days in a local correctional 
 75.12  facility; or 
 75.13     (3) a program of staggered sentencing involving a minimum 
 75.14  of 180 days of incarceration, at least 30 days of which must be 
 75.15  served consecutively in a local correctional facility.  
 75.16     (b) The court may order that the person serve not more than 
 75.17  150 days of the minimum penalty under paragraph (a), clause (1), 
 75.18  on home detention or in an intensive probation program described 
 75.19  in section 169A.74.  Notwithstanding section 609.135, the 
 75.20  penalties in this subdivision must be imposed and executed. 
 75.21     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 75.22  and applies to violations committed on or after that date. 
 75.23     Sec. 9.  Minnesota Statutes 2002, section 169A.275, 
 75.24  subdivision 4, is amended to read: 
 75.25     Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Unless the court 
 75.26  commits the person to the custody of the commissioner of 
 75.27  corrections as provided in section 169A.276 (mandatory 
 75.28  penalties; felony violations), the court shall sentence a person 
 75.29  who is convicted of a violation of section 169A.20 (driving 
 75.30  while impaired) within ten years of the first of four or more 
 75.31  qualified prior impaired driving incidents to either: 
 75.32     (1) a minimum of one year of incarceration, at least 60 
 75.33  days of which must be served consecutively in a local 
 75.34  correctional facility; or 
 75.35     (2) a program of intensive supervision of the type 
 75.36  described in section 169A.74 (pilot programs of intensive 
 76.1   probation for repeat DWI offenders) that requires the person to 
 76.2   consecutively serve at least six days in a local correctional 
 76.3   facility; or 
 76.4      (3) a program of staggered sentencing involving a minimum 
 76.5   of one year of incarceration, at least 60 days of which must be 
 76.6   served consecutively in a local correctional facility.  
 76.7      (b) The court may order that the person serve the remainder 
 76.8   of the minimum penalty under paragraph (a), clause (1), on 
 76.9   intensive probation using an electronic monitoring system or, if 
 76.10  such a system is unavailable, on home detention.  
 76.11  Notwithstanding section 609.135, the penalties in this 
 76.12  subdivision must be imposed and executed. 
 76.13     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 76.14  and applies to violations committed on or after that date. 
 76.15     Sec. 10.  Minnesota Statutes 2002, section 169A.275, is 
 76.16  amended by adding a subdivision to read: 
 76.17     Subd. 6.  [DEFINITIONS.] (a) For purposes of this section, 
 76.18  the following terms have the meanings given. 
 76.19     (b) "Staggered sentencing" means a sentencing procedure in 
 76.20  which the court sentences a person convicted of a gross 
 76.21  misdemeanor or felony violation of section 169A.20 (driving 
 76.22  while impaired) to an executed sentence of incarceration in a 
 76.23  local correctional facility, to be served in equal segments in 
 76.24  three or more consecutive years.  Before reporting for any 
 76.25  subsequent segment of incarceration after the first segment, the 
 76.26  offender shall be regularly involved in a structured sobriety 
 76.27  group and may bring a motion before the court requesting to have 
 76.28  that segment of incarceration stayed.  The motion must be 
 76.29  brought before the same judge who initially pronounced the 
 76.30  sentence.  Before bringing the motion, the offender shall 
 76.31  participate for 30 days in a remote electronic 
 76.32  alcohol-monitoring program under the direction of the person's 
 76.33  probation agent.  It is within the court's discretion to stay 
 76.34  the second or subsequent segment of remote electronic alcohol 
 76.35  monitoring or incarceration that has previously been ordered. 
 76.36  The court shall consider any alcohol-monitoring results and the 
 77.1   recommendation of the probation agent, together with any other 
 77.2   factors deemed relevant by the court, in deciding whether to 
 77.3   modify the sentence by ordering a stay of the next following 
 77.4   segment of remote electronic alcohol monitoring or incarceration 
 77.5   that the court had initially ordered to be executed.  
 77.6      (c) When the court stays a segment of incarceration that it 
 77.7   has previously ordered to be executed, that portion of the 
 77.8   sentence must be added to the total number of days the defendant 
 77.9   is subject to serving in custody if the person subsequently 
 77.10  violates any of the conditions of that stay of execution. 
 77.11     (d) A structured sobriety group is an organization that has 
 77.12  regular meetings focusing on sobriety and includes, but is not 
 77.13  limited to, Alcoholics Anonymous. 
 77.14     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 77.15  and applies to violations committed on or after that date. 
 77.16     Sec. 11.  Minnesota Statutes 2002, section 169A.40, 
 77.17  subdivision 3, is amended to read: 
 77.18     Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE CERTAIN DWI 
 77.19  OFFENDERS; CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the 
 77.20  Rules of Criminal Procedure, a peace officer acting without a 
 77.21  warrant who has decided to proceed with the prosecution of a 
 77.22  person for violating section 169A.20 (driving while impaired), 
 77.23  shall arrest and take the person into custody, and the person 
 77.24  must be detained until the person's first court appearance, if 
 77.25  the officer has reason to believe that the violation occurred: 
 77.26     (1) under the circumstances described in section 169A.24 
 77.27  (first-degree driving while impaired) or 169A.25 (second-degree 
 77.28  driving while impaired).; 
 77.29     (2) under the circumstances described in section 169A.26 
 77.30  (third-degree driving while impaired) if the person is under the 
 77.31  age of 19; 
 77.32     (3) in the presence of an aggravating factor described in 
 77.33  section 169A.03, subdivision 3, clause (2) or (3); or 
 77.34     (4) while the person's driver's license or driving 
 77.35  privileges have been canceled under section 171.04, subdivision 
 77.36  1, clause (10) (persons not eligible for drivers' licenses, 
 78.1   inimical to public safety).  
 78.2      The person shall be detained until the person's first court 
 78.3   appearance.  
 78.4      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 78.5   and applies to violations committed on or after that date. 
 78.6      Sec. 12.  Minnesota Statutes 2002, section 169A.44, is 
 78.7   amended to read: 
 78.8      169A.44 [CONDITIONAL RELEASE.] 
 78.9      Subdivision 1.  [NONFELONY VIOLATIONS.] (a) This section 
 78.10  subdivision applies to a person charged with: 
 78.11     (1) a nonfelony violation of section 169A.20 (driving while 
 78.12  impaired) within ten years of the first of two or more prior 
 78.13  impaired driving convictions; 
 78.14     (2) a violation of section 169A.20, if the person is under 
 78.15  the age of 19 years and has previously been convicted of 
 78.16  violating section 169A.20 or Minnesota Statutes 1998, section 
 78.17  169.121 (driver under the influence of alcohol or controlled 
 78.18  substance); 
 78.19     (3) a violation of section 169A.20, while the person's 
 78.20  driver's license or driving privileges have been canceled under 
 78.21  section 171.04, subdivision 1, clause (10) (persons not eligible 
 78.22  for drivers' licenses, inimical to public safety); or 
 78.23     (4) a violation of section 169A.20 by a person having an 
 78.24  alcohol concentration of 0.20 or more as measured at the time, 
 78.25  or within two hours of the time, of the offense under 
 78.26  circumstances described in section 169A.40, subdivision 3 
 78.27  (certain DWI offenders; custodial arrest). 
 78.28     (b) Unless maximum bail is imposed under section 629.471, a 
 78.29  person described in paragraph (a) may be released from detention 
 78.30  only if the person agrees to:  
 78.31     (1) abstain from alcohol; and 
 78.32     (2) submit to a program of electronic alcohol monitoring, 
 78.33  involving at least daily measurements of the person's alcohol 
 78.34  concentration, pending resolution of the charge. 
 78.35  Clause (2) applies only when electronic alcohol-monitoring 
 78.36  equipment is available to the court.  The court shall require 
 79.1   partial or total reimbursement from the person for the cost of 
 79.2   the electronic alcohol-monitoring, to the extent the person is 
 79.3   able to pay. 
 79.4      (c) Unless maximum bail is imposed under section 629.471, 
 79.5   subdivision 2, 
 79.6      Subd. 2.  [FELONY VIOLATIONS.] (a) A person charged with 
 79.7   violating section 169A.20 within ten years of the first of three 
 79.8   or more qualified prior impaired driving convictions incidents 
 79.9   may be released from detention only if the following conditions 
 79.10  are imposed in addition to the condition imposed:  
 79.11     (1) the conditions described in subdivision 1, paragraph 
 79.12  (b), if applicable, and any other conditions of release ordered 
 79.13  by the court:; 
 79.14     (1) (2) the impoundment of the registration plates of the 
 79.15  vehicle used to commit the violation, unless already impounded; 
 79.16     (2) (3) if the vehicle used to commit the violation was an 
 79.17  off-road recreational vehicle or a motorboat, the impoundment of 
 79.18  the off-road recreational vehicle or motorboat; 
 79.19     (3) (4) a requirement that the person report weekly to a 
 79.20  probation agent; 
 79.21     (4) (5) a requirement that the person abstain from 
 79.22  consumption of alcohol and controlled substances and submit to 
 79.23  random alcohol tests or urine analyses at least weekly; and 
 79.24     (5) (6) a requirement that, if convicted, the person 
 79.25  reimburse the court or county for the total cost of these 
 79.26  services; and 
 79.27     (7) any other conditions of release ordered by the court. 
 79.28     (b) In addition to setting forth conditions of release 
 79.29  under paragraph (a), if required by court rule, the court shall 
 79.30  also fix the amount of money bail without other conditions upon 
 79.31  which the defendant may obtain release. 
 79.32     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 79.33  and applies to violations committed on or after that date. 
 79.34     Sec. 13.  Minnesota Statutes 2002, section 169A.51, 
 79.35  subdivision 5, is amended to read: 
 79.36     Subd. 5.  [BREATH TEST USING INFRARED BREATH-TESTING 
 80.1   INSTRUMENT.] (a) In the case of a breath test administered using 
 80.2   an infrared breath-testing instrument, the test must consist of 
 80.3   analyses in the following sequence:  one adequate breath-sample 
 80.4   analysis, one calibration standard control analysis, and a 
 80.5   second, adequate breath-sample analysis. 
 80.6      (b) In the case of a test administered using an infrared 
 80.7   breath-testing instrument, a sample is adequate if the 
 80.8   instrument analyzes the sample and does not indicate the sample 
 80.9   is deficient. 
 80.10     (c) For purposes of section 169A.52 (revocation of license 
 80.11  for test failure or refusal), when a test is administered using 
 80.12  an infrared breath-testing instrument, failure of a person to 
 80.13  provide two separate, adequate breath samples in the proper 
 80.14  sequence constitutes a refusal. 
 80.15     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 80.16  and applies to violations committed on or after that date. 
 80.17     Sec. 14.  Minnesota Statutes 2002, section 169A.53, 
 80.18  subdivision 3, is amended to read: 
 80.19     Subd. 3.  [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial 
 80.20  review hearing under this section must be before a district 
 80.21  judge in any county in the judicial district where the alleged 
 80.22  offense occurred.  The hearing is to the court and may be 
 80.23  conducted at the same time and in the same manner as hearings 
 80.24  upon pretrial motions in the criminal prosecution under section 
 80.25  169A.20 (driving while impaired), if any.  The hearing must be 
 80.26  recorded.  The commissioner shall appear and be represented by 
 80.27  the attorney general or through the prosecuting authority for 
 80.28  the jurisdiction involved.  The hearing must be held at the 
 80.29  earliest practicable date, and in any event no later than 60 
 80.30  days following the filing of the petition for review.  The 
 80.31  judicial district administrator shall establish procedures to 
 80.32  ensure efficient compliance with this subdivision.  To 
 80.33  accomplish this, the administrator may, whenever possible, 
 80.34  consolidate and transfer review hearings among the locations 
 80.35  within the judicial district where terms of district court are 
 80.36  held. 
 81.1      (b) The scope of the hearing is limited to the issues in 
 81.2   clauses (1) to (10): 
 81.3      (1) Did the peace officer have probable cause to believe 
 81.4   the person was driving, operating, or in physical control of a 
 81.5   motor vehicle or commercial motor vehicle in violation of 
 81.6   section 169A.20 (driving while impaired)? 
 81.7      (2) Was the person lawfully placed under arrest for 
 81.8   violation of section 169A.20? 
 81.9      (3) Was the person involved in a motor vehicle accident or 
 81.10  collision resulting in property damage, personal injury, or 
 81.11  death? 
 81.12     (4) Did the person refuse to take a screening test provided 
 81.13  for by section 169A.41 (preliminary screening test)? 
 81.14     (5) If the screening test was administered, did the test 
 81.15  indicate an alcohol concentration of 0.10 or more? 
 81.16     (6) At the time of the request for the test, did the peace 
 81.17  officer inform the person of the person's rights and the 
 81.18  consequences of taking or refusing the test as required by 
 81.19  section 169A.51, subdivision 2? 
 81.20     (7) Did the person refuse to permit the test? 
 81.21     (8) If a test was taken by a person driving, operating, or 
 81.22  in physical control of a motor vehicle, did the test results 
 81.23  indicate at the time of testing: 
 81.24     (i) an alcohol concentration of 0.10 or more; or 
 81.25     (ii) the presence of a controlled substance listed in 
 81.26  schedule I or II, other than marijuana or tetrahydrocannabinols? 
 81.27     (9) If a test was taken by a person driving, operating, or 
 81.28  in physical control of a commercial motor vehicle, did the test 
 81.29  results indicate an alcohol concentration of 0.04 or more at the 
 81.30  time of testing? 
 81.31     (10) Was the testing method used valid and reliable and 
 81.32  were the test results accurately evaluated? 
 81.33     (c) It is an affirmative defense for the petitioner to 
 81.34  prove that, at the time of the refusal, the petitioner's refusal 
 81.35  to permit the test was based upon reasonable grounds. 
 81.36     (d) Certified or otherwise authenticated copies of 
 82.1   laboratory or medical personnel reports, records, documents, 
 82.2   licenses, and certificates are admissible as substantive 
 82.3   evidence. 
 82.4      (e) The court shall order that the revocation or 
 82.5   disqualification be either rescinded or sustained and forward 
 82.6   the order to the commissioner.  The court shall file its order 
 82.7   within 14 days following the hearing.  If the revocation or 
 82.8   disqualification is sustained, the court shall also forward the 
 82.9   person's driver's license or permit to the commissioner for 
 82.10  further action by the commissioner if the license or permit is 
 82.11  not already in the commissioner's possession. 
 82.12     (f) Any party aggrieved by the decision of the reviewing 
 82.13  court may appeal the decision as provided in the rules of 
 82.14  appellate procedure. 
 82.15     (g) The civil hearing under this section shall not give 
 82.16  rise to an estoppel on any issues arising from the same set of 
 82.17  circumstances in any criminal prosecution. 
 82.18     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 82.19  and applies to violations committed on or after that date. 
 82.20     Sec. 15.  Minnesota Statutes 2002, section 169A.54, 
 82.21  subdivision 6, is amended to read: 
 82.22     Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
 82.23  (a) Any person whose license has been revoked pursuant to 
 82.24  section 169A.52 (license revocation for test failure or refusal) 
 82.25  as the result of the same incident, and who does not have a 
 82.26  qualified prior impaired driving incident, is subject to the 
 82.27  mandatory revocation provisions of subdivision 1, clause (1) or 
 82.28  (2), in lieu of the mandatory revocation provisions of section 
 82.29  169A.52. 
 82.30     (b) Paragraph (a) does not apply to: 
 82.31     (1) a person whose license has been revoked under 
 82.32  subdivision 2 (driving while impaired by person under age 
 82.33  21); or 
 82.34     (2) a person whose driver's license has been revoked for, 
 82.35  or who is charged with violating, a violation of section 169A.20 
 82.36  (driving while impaired) with the an aggravating factor of 
 83.1   having an alcohol concentration of 0.20 or more as measured at 
 83.2   the time, or within two hours of the time, of the offense, and 
 83.3   the person is convicted of that offense or any other offense 
 83.4   described in section 169A.20 arising out of the same set of 
 83.5   circumstances; or 
 83.6      (3) a person charged with violating section 169A.20 
 83.7   (driving while impaired) with the aggravating factor of having a 
 83.8   child under the age of 16 in the vehicle and the child is more 
 83.9   than 36 months younger than the offender, and the person is 
 83.10  convicted of that offense or any other offense described in 
 83.11  section 169A.20 arising out of the same set of 
 83.12  circumstances described in section 169A.03, subdivision 3, 
 83.13  clause (2) or (3). 
 83.14     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 83.15  and applies to violations committed on or after that date. 
 83.16     Sec. 16.  Minnesota Statutes 2002, section 169A.60, 
 83.17  subdivision 8, is amended to read: 
 83.18     Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
 83.19  commissioner shall rescind the impoundment order of a person 
 83.20  subject to an order under this section, other than the violator, 
 83.21  if: 
 83.22     (1) the violator had a valid driver's license on the date 
 83.23  of the plate impoundment violation and the person files with the 
 83.24  commissioner an acceptable sworn statement containing the 
 83.25  following information: 
 83.26     (i) that the person is the registered owner of the vehicle 
 83.27  from which the plates have been impounded under this section; 
 83.28     (ii) that the person is the current owner and possessor of 
 83.29  the vehicle used in the violation; 
 83.30     (iii) the date on which the violator obtained the vehicle 
 83.31  from the registered owner; 
 83.32     (iv) the residence addresses of the registered owner and 
 83.33  the violator on the date the violator obtained the vehicle from 
 83.34  the registered owner; 
 83.35     (v) that the person was not a passenger in the vehicle at 
 83.36  the time of the plate impoundment violation; and 
 84.1      (vi) that the person knows that the violator may not drive, 
 84.2   operate, or be in physical control of a vehicle without a valid 
 84.3   driver's license; or 
 84.4      (2) the violator did not have a valid driver's license on 
 84.5   the date of the plate impoundment violation and the person made 
 84.6   a report to law enforcement before the violation stating that 
 84.7   the vehicle had been taken from the person's possession or was 
 84.8   being used without permission. 
 84.9      (b) A person who has failed to make a report as provided in 
 84.10  paragraph (a), clause (2), may be issued special registration 
 84.11  plates under subdivision 13 for a period of one year from the 
 84.12  effective date of the impoundment order.  At the next 
 84.13  registration renewal Following this period, the person may apply 
 84.14  for regular registration plates. 
 84.15     (c) If the order is rescinded, the owner shall receive new 
 84.16  registration plates at no cost, if the plates were seized and 
 84.17  destroyed. 
 84.18     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 84.19  and applies to violations committed on or after that date. 
 84.20     Sec. 17.  Minnesota Statutes 2002, section 169A.60, 
 84.21  subdivision 13, is amended to read: 
 84.22     Subd. 13.  [SPECIAL REGISTRATION PLATES.] (a) At any time 
 84.23  during the effective period of an impoundment order, a violator 
 84.24  or registered owner may apply to the commissioner for new 
 84.25  registration plates, which must bear a special series of numbers 
 84.26  or letters so as to be readily identified by traffic law 
 84.27  enforcement officers.  The commissioner may authorize the 
 84.28  issuance of special plates if: 
 84.29     (1) the violator has a qualified licensed driver whom the 
 84.30  violator must identify; 
 84.31     (2) the violator or registered owner has a limited license 
 84.32  issued under section 171.30; 
 84.33     (3) the registered owner is not the violator and the 
 84.34  registered owner has a valid or limited driver's license; 
 84.35     (4) a member of the registered owner's household has a 
 84.36  valid driver's license; or 
 85.1      (5) the violator has been reissued a valid driver's license.
 85.2      (b) The commissioner may not issue new registration plates 
 85.3   for that vehicle subject to plate impoundment for a period of at 
 85.4   least one year from the date of the impoundment order and until 
 85.5   the next regularly scheduled registration date following the 
 85.6   impoundment period.  In addition, if the owner is the violator, 
 85.7   new registration plates may not be issued for the vehicle unless 
 85.8   the person has been reissued a valid driver's license in 
 85.9   accordance with chapter 171. 
 85.10     (c) A violator may not apply for new registration plates 
 85.11  for a vehicle at any time before the person's driver's license 
 85.12  is reinstated. 
 85.13     (d) The commissioner may issue the special plates on 
 85.14  payment of a $50 fee for each vehicle for which special plates 
 85.15  are requested. 
 85.16     (e) Paragraphs (a) to (d) notwithstanding, the commissioner 
 85.17  must issue upon request new registration plates for a vehicle 
 85.18  for which the registration plates have been impounded if: 
 85.19     (1) the impoundment order is rescinded; 
 85.20     (2) the vehicle is transferred in compliance with 
 85.21  subdivision 14; or 
 85.22     (3) the vehicle is transferred to a Minnesota automobile 
 85.23  dealer licensed under section 168.27, a financial institution 
 85.24  that has submitted a repossession affidavit, or a government 
 85.25  agency. 
 85.26     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 85.27  and applies to violations committed on or after that date. 
 85.28     Sec. 18.  [169A.78] [AIDING AND ABETTING.] 
 85.29     Every person who commits or attempts to commit, conspires 
 85.30  to commit, or aids or abets in the commission of any act 
 85.31  declared in this chapter to be an offense, whether individually 
 85.32  or in connection with one or more other persons or as principal, 
 85.33  agent, or accessory, is guilty of that offense, and every person 
 85.34  who falsely, fraudulently, forcibly, or willfully induces, 
 85.35  causes, coerces, requires, permits, or directs another to 
 85.36  violate any provision of this chapter is likewise guilty of that 
 86.1   offense. 
 86.2      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 86.3   and applies to violations committed on or after that date. 
 86.4      Sec. 19.  Minnesota Statutes 2002, section 609.135, 
 86.5   subdivision 2, is amended to read: 
 86.6      Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 86.7   conviction is for a felony other than section 609.21, 
 86.8   subdivision 2, 2a, or 4, the stay shall be for not more than 
 86.9   four years or the maximum period for which the sentence of 
 86.10  imprisonment might have been imposed, whichever is longer. 
 86.11     (b) If the conviction is for a gross misdemeanor violation 
 86.12  of section 169A.20 or 609.21, subdivision 2b, or for a felony 
 86.13  described in section 609.21, subdivision 2, 2a, or 4, the stay 
 86.14  shall be for not more than six years.  The court shall provide 
 86.15  for unsupervised probation for the last year of the stay unless 
 86.16  the court finds that the defendant needs supervised probation 
 86.17  for all or part of the last year. 
 86.18     (c) If the conviction is for a gross misdemeanor not 
 86.19  specified in paragraph (b), the stay shall be for not more than 
 86.20  two years. 
 86.21     (d) If the conviction is for any misdemeanor under section 
 86.22  169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 86.23  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 86.24  which the victim of the crime was a family or household member 
 86.25  as defined in section 518B.01, the stay shall be for not more 
 86.26  than two years.  The court shall provide for unsupervised 
 86.27  probation for the second year of the stay unless the court finds 
 86.28  that the defendant needs supervised probation for all or part of 
 86.29  the second year. 
 86.30     (e) If the conviction is for a misdemeanor not specified in 
 86.31  paragraph (d), the stay shall be for not more than one year.  
 86.32     (f) The defendant shall be discharged six months after the 
 86.33  term of the stay expires, unless the stay has been revoked or 
 86.34  extended under paragraph (g), or the defendant has already been 
 86.35  discharged. 
 86.36     (g) Notwithstanding the maximum periods specified for stays 
 87.1   of sentences under paragraphs (a) to (f), a court may extend a 
 87.2   defendant's term of probation for up to one year if it finds, at 
 87.3   a hearing conducted under subdivision 1a, that: 
 87.4      (1) the defendant has not paid court-ordered restitution or 
 87.5   a fine in accordance with the payment schedule or structure; and 
 87.6      (2) the defendant is likely to not pay the restitution or 
 87.7   fine the defendant owes before the term of probation expires.  
 87.8   This one-year extension of probation for failure to pay 
 87.9   restitution or a fine may be extended by the court for up to one 
 87.10  additional year if the court finds, at another hearing conducted 
 87.11  under subdivision 1a, that the defendant still has not paid the 
 87.12  court-ordered restitution or fine that the defendant owes. 
 87.13     (h) Notwithstanding the maximum periods specified for stays 
 87.14  of sentences under paragraphs (a) to (f), a court may extend a 
 87.15  defendant's term of probation for up to three years if it finds, 
 87.16  at a hearing conducted under subdivision 1c, that: 
 87.17     (1) the defendant has failed to complete court-ordered 
 87.18  treatment successfully; and 
 87.19     (2) the defendant is likely not to complete court-ordered 
 87.20  treatment before the term of probation expires. 
 87.21     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 87.22  and applies to violations committed on or after that date. 
 87.23     Sec. 20.  Minnesota Statutes 2002, section 629.471, is 
 87.24  amended by adding a subdivision to read: 
 87.25     Subd. 4.  [NOT APPLICABLE FOR FELONY DWI.] This section 
 87.26  does not apply to persons charged with a felony violation under 
 87.27  section 169A.20. 
 87.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 87.29  and applies to violations committed on or after that date. 
 87.30                             ARTICLE 10 
 87.31                            PROSTITUTION
 87.32     Section 1.  Minnesota Statutes 2002, section 609.322, is 
 87.33  amended by adding a subdivision to read: 
 87.34     Subd. 1c.  [AGGREGATION OF CASES.] Acts by the defendant in 
 87.35  violation of any one or more of the provisions in this section 
 87.36  within any six-month period may be aggregated and the defendant 
 88.1   charged accordingly in applying the provisions of this section; 
 88.2   provided that when two or more offenses are committed by the 
 88.3   same person in two or more counties, the accused may be 
 88.4   prosecuted in any county in which one of the offenses was 
 88.5   committed for all of the offenses aggregated under this 
 88.6   paragraph.  
 88.7      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 88.8   and applies to crimes committed on or after that date. 
 88.9      Sec. 2.  Minnesota Statutes 2002, section 609.324, is 
 88.10  amended to read: 
 88.11     609.324 [OTHER PROHIBITED ACTS OTHER PROSTITUTION CRIMES; 
 88.12  PATRONS, PROSTITUTES, AND INDIVIDUALS HOUSING INDIVIDUALS 
 88.13  ENGAGED IN PROSTITUTION; PENALTIES.] 
 88.14     Subdivision 1.  [CRIME DEFINED ENGAGING IN, HIRING, OR 
 88.15  AGREEING TO HIRE A MINOR TO ENGAGE IN PROSTITUTION; PENALTIES.] 
 88.16  (a) Whoever intentionally does any of the following may be 
 88.17  sentenced to imprisonment for not more than 20 years or to 
 88.18  payment of a fine of not more than $40,000, or both: 
 88.19     (1) engages in prostitution with an individual under the 
 88.20  age of 13 years; or 
 88.21     (2) hires or offers or agrees to hire an individual under 
 88.22  the age of 13 years to engage in sexual penetration or sexual 
 88.23  contact.  
 88.24     (b) Whoever intentionally does any of the following may be 
 88.25  sentenced to imprisonment for not more than ten years or to 
 88.26  payment of a fine of not more than $20,000, or both:  
 88.27     (1) engages in prostitution with an individual under the 
 88.28  age of 16 years but at least 13 years; or 
 88.29     (2) hires or offers or agrees to hire an individual under 
 88.30  the age of 16 years but at least 13 years to engage in sexual 
 88.31  penetration or sexual contact.  
 88.32     (c) Whoever intentionally does any of the following may be 
 88.33  sentenced to imprisonment for not more than five years or to 
 88.34  payment of a fine of not more than $10,000, or both:  
 88.35     (1) engages in prostitution with an individual under the 
 88.36  age of 18 years but at least 16 years; or 
 89.1      (2) hires or offers or agrees to hire an individual under 
 89.2   the age of 18 years but at least 16 years to engage in sexual 
 89.3   penetration or sexual contact. 
 89.4      Subd. 1a.  [HOUSING AN UNRELATED MINOR ENGAGED IN 
 89.5   PROSTITUTION; PENALTIES.] Any person, other than one related by 
 89.6   blood, adoption, or marriage to the minor, who permits a minor 
 89.7   to reside, temporarily or permanently, in the person's dwelling 
 89.8   without the consent of the minor's parents or guardian, knowing 
 89.9   or having reason to know that the minor is engaging in 
 89.10  prostitution may be sentenced to imprisonment for not more than 
 89.11  one year or to payment of a fine of not more than $3,000, or 
 89.12  both; except that, this subdivision does not apply to 
 89.13  residential placements made, sanctioned, or supervised by a 
 89.14  public or private social service agency. 
 89.15     Subd. 2.  [SOLICITATION IN PUBLIC PLACE OR ACCEPTANCE OF 
 89.16  SOLICITATION TO ENGAGE IN PROSTITUTION; PENALTY.] Whoever 
 89.17  solicits or accepts a solicitation to engage for hire in sexual 
 89.18  penetration or sexual contact while in a public place may be 
 89.19  sentenced to imprisonment for not more than one year or to 
 89.20  payment of a fine of not more than $3,000 or both.  Except as 
 89.21  otherwise provided in subdivision 4, a person who is convicted 
 89.22  of violating this subdivision while acting as a patron must, at 
 89.23  a minimum, be sentenced to pay a fine of at least $1,500. 
 89.24     Subd. 3.  [HIRE TO ENGAGE ENGAGING IN, HIRING, OR AGREEING 
 89.25  TO HIRE AN ADULT TO ENGAGE IN PROSTITUTION; PENALTIES.] Whoever 
 89.26  intentionally does any of the following may be sentenced to 
 89.27  imprisonment for not more than 90 days or to payment of a fine 
 89.28  of not more than $700, or both:  
 89.29     (1) engages in prostitution with an individual 18 years of 
 89.30  age or above; or 
 89.31     (2) hires or offers or agrees to hire an individual 18 
 89.32  years of age or above to engage in sexual penetration or sexual 
 89.33  contact.  Except as otherwise provided in subdivision 4, a 
 89.34  person who is convicted of violating clause (1) or (2) while 
 89.35  acting as a patron must, at a minimum, be sentenced to pay a 
 89.36  fine of at least $500. 
 90.1      Whoever violates the provisions of this subdivision within 
 90.2   two years of a previous conviction may be sentenced to 
 90.3   imprisonment for not more than one year or to payment of a fine 
 90.4   of not more than $3,000, or both.  Except as otherwise provided 
 90.5   in subdivision 4, a person who is convicted of a gross 
 90.6   misdemeanor violation of this subdivision while acting as a 
 90.7   patron, must, at a minimum, be sentenced as follows:  
 90.8      (1) to pay a fine of at least $1,500; and 
 90.9      (2) to serve 20 hours of community work service. 
 90.10     The court may waive the mandatory community work service if 
 90.11  it makes specific, written findings that the community work 
 90.12  service is not feasible or appropriate under the circumstances 
 90.13  of the case. 
 90.14     Subd. 4.  [COMMUNITY SERVICE IN LIEU OF MINIMUM FINE.] The 
 90.15  court may order a person convicted of violating subdivision 2 or 
 90.16  3 to perform community work service in lieu of all or a portion 
 90.17  of the minimum fine required under those subdivisions if the 
 90.18  court makes specific, written findings that the convicted person 
 90.19  is indigent or that payment of the fine would create undue 
 90.20  hardship for the convicted person or that person's immediate 
 90.21  family.  Community work service ordered under this subdivision 
 90.22  is in addition to any mandatory community work service ordered 
 90.23  under subdivision 3. 
 90.24     Subd. 5.  [USE OF MOTOR VEHICLE TO PATRONIZE PROSTITUTES; 
 90.25  DRIVING RECORD NOTATION.] When a court sentences a person 
 90.26  convicted of violating this section while acting as a patron, 
 90.27  the court shall determine whether the person used a motor 
 90.28  vehicle during the commission of the offense.  If the court 
 90.29  finds that the person used a motor vehicle during the commission 
 90.30  of the offense, it shall forward its finding to the commissioner 
 90.31  of public safety who shall record the finding on the person's 
 90.32  driving record.  The finding is classified as private data on 
 90.33  individuals, as defined in section 13.02, subdivision 12. 
 90.34     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003, 
 90.35  and applies to crimes committed on or after that date. 
 90.36     Sec. 3.  Minnesota Statutes 2002, section 609.3241, is 
 91.1   amended to read: 
 91.2      609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
 91.3      When a court sentences an adult convicted of violating 
 91.4   section 609.322 or 609.324, while acting other than as a 
 91.5   prostitute, the court shall impose an assessment of not less 
 91.6   than $250 and not more than $500 for a violation of section 
 91.7   609.324, subdivision 2, or a misdemeanor violation of section 
 91.8   609.324, subdivision 3; otherwise the court shall impose an 
 91.9   assessment of not less than $500 and not more than $1,000.  The 
 91.10  mandatory minimum portion of the assessment is to be used for 
 91.11  the purposes described in section 626.558, subdivision 2a, and 
 91.12  is in addition to the surcharge required by section 357.021, 
 91.13  subdivision 6.  Any portion of the assessment imposed in excess 
 91.14  of the mandatory minimum amount shall be forwarded to the 
 91.15  general fund and is appropriated annually to the commissioner of 
 91.16  corrections public safety.  The commissioner, with the 
 91.17  assistance of the general crime victims advisory council, shall 
 91.18  use money received under this section for grants to agencies 
 91.19  that provide assistance to individuals who have stopped or wish 
 91.20  to stop engaging in prostitution.  Grant money may be used to 
 91.21  provide these individuals with medical care, child care, 
 91.22  temporary housing, and educational expenses. 
 91.23     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 91.24  following final enactment.  
 91.25     Sec. 4.  [COLLECTION OF INFORMATION AND STUDY ON CERTAIN 
 91.26  PROSTITUTION CASES; REPORT.] 
 91.27     Subdivision 1.  [DEFINITIONS.] (a) The following terms have 
 91.28  the meanings given them. 
 91.29     (b) "Intermediate sanctions" has the meaning given in 
 91.30  Minnesota Statutes, section 609.135, subdivision 1, paragraph 
 91.31  (b). 
 91.32     (c) "Patron" has the meaning given in Minnesota Statutes, 
 91.33  section 609.321, subdivision 4. 
 91.34     (d) "Promotes the prostitution of an individual" has the 
 91.35  meaning given in Minnesota Statutes, section 609.321, 
 91.36  subdivision 7. 
 92.1      (e) "Prostitute" has the meaning given in Minnesota 
 92.2   Statutes, section 609.321, subdivision 8. 
 92.3      (f) "Prostitution crime" means a violation of Minnesota 
 92.4   Statutes, section 609.322 or 609.324. 
 92.5      Subd. 2.  [COLLECTION OF INFORMATION.] (a) The following 
 92.6   attorneys or their designees and the following law enforcement 
 92.7   representatives or their designees shall oversee the collection 
 92.8   of information on the investigation and prosecution of 
 92.9   prostitution crimes committed within the jurisdiction of each 
 92.10  individual's office, commencing January 1, 2002, and ending 
 92.11  December 31, 2002: 
 92.12     (1) the Hennepin county attorney; 
 92.13     (2) the Minneapolis city attorney; 
 92.14     (3) the Ramsey county attorney; 
 92.15     (4) the St. Paul city attorney; 
 92.16     (5) the Hennepin county sheriff; 
 92.17     (6) the chief of police of the Minneapolis police 
 92.18  department; 
 92.19     (7) the Ramsey county sheriff; and 
 92.20     (8) the chief of police of the St. Paul police department. 
 92.21     (b) The information collected under paragraph (a) must 
 92.22  include: 
 92.23     (1) information on the neighborhood and city where the 
 92.24  offense was committed or allegedly committed and information on 
 92.25  the neighborhood and city where the offender or alleged offender 
 92.26  resides; 
 92.27     (2) the number of calls to law enforcement and the number 
 92.28  of complaints made directly to law enforcement regarding alleged 
 92.29  prostitution crimes; 
 92.30     (3) the number of arrests made for prostitution crimes and 
 92.31  a breakdown of the age, race, and gender of the individuals 
 92.32  arrested; 
 92.33     (4) the number of citations, tab charges, and complaints 
 92.34  issued for prostitution crimes; 
 92.35     (5) the types of charges filed in each case, if any, 
 92.36  including whether the person was acting as a patron or 
 93.1   prostitute, or promoting the prostitution of an individual; and 
 93.2      (6) the disposition of each case in which prosecution was 
 93.3   commenced, including the amount of any fine or penalty 
 93.4   assessment imposed; the incarceration imposed on the offender, 
 93.5   if any; the intermediate sanctions, if relevant, or conditions 
 93.6   of probation imposed on the offender, if any; and whether the 
 93.7   offender was referred to a restorative justice program, 
 93.8   diversion program, or alternative sentencing program. 
 93.9      Subd. 3.  [PREPARATION OF SUMMARY AND REPORT.] The law 
 93.10  enforcement authorities specified in subdivision 2, paragraph 
 93.11  (a), shall provide the information required by subdivision 2, 
 93.12  paragraph (b), to the prosecuting authorities in their 
 93.13  jurisdictions by August 15, 2003.  The prosecuting authorities 
 93.14  specified in subdivision 2, paragraph (a), shall cooperate in 
 93.15  preparing a summary of the information collected under 
 93.16  subdivision 2, paragraph (b), and in preparing a report for the 
 93.17  chairs and ranking minority leaders of the house and senate 
 93.18  committees and divisions with jurisdiction over criminal justice 
 93.19  policy and funding.  The report shall be provided to the 
 93.20  legislature and filed in the legislative reference library no 
 93.21  later than December 15, 2003. 
 93.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 93.23  following final enactment.  
 93.24     Sec. 5.  [REPORTS ON PENALTY ASSESSMENTS FOR PROSTITUTION 
 93.25  CRIMES.] 
 93.26     Subdivision 1.  [COMMISSIONER OF PUBLIC SAFETY; REPORT.] (a)
 93.27  By December 15, 2003, the commissioner of public safety shall 
 93.28  submit a report to the chairs and ranking minority leaders of 
 93.29  the house and senate committees and divisions with jurisdiction 
 93.30  over criminal justice policy and funding on the amount of money 
 93.31  appropriated to the commissioner of public safety under 
 93.32  Minnesota Statutes, section 609.3241, since the beginning of 
 93.33  fiscal year 1998.  In preparing this report, the commissioner of 
 93.34  public safety shall determine whether any penalty assessments 
 93.35  were appropriated to the commissioner of corrections during this 
 93.36  time and, if so, how much was appropriated.  The commissioner of 
 94.1   corrections shall cooperate with the commissioner of public 
 94.2   safety in providing this information.  The report also shall 
 94.3   contain information on the use of money appropriated during this 
 94.4   time period, including, but not limited to, the ways in which 
 94.5   the money has been used to assist individuals who have stopped 
 94.6   or wish to stop engaging in prostitution.  The report shall be 
 94.7   filed with the legislative reference library no later than 
 94.8   December 15, 2003. 
 94.9      Subd. 2.  [SUPREME COURT; REPORT.] By December 15, 2003, 
 94.10  the supreme court is requested to report to the chairs and 
 94.11  ranking minority leaders of the house and senate committees and 
 94.12  divisions with jurisdiction over criminal justice policy and 
 94.13  funding concerning the use of money collected since the 
 94.14  beginning of fiscal year 1998 from penalty assessments under 
 94.15  Minnesota Statutes, section 609.3241, and use for the purposes 
 94.16  described in Minnesota Statutes, section 626.558, subdivision 
 94.17  2a.  The report is requested to be filed with the legislative 
 94.18  reference library no later than December 15, 2003. 
 94.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 94.20  following final enactment.