Capital Icon Minnesota Legislature

Office of the Revisor of Statutes

HF 2028 Senate Long Description

Relating to the organization, operation and financing of state +government, providing for the financing of criminal justice, corrections, public +safety, the judiciary and certain other agencies and activities ARTICLE 1 � APPROPRIATIONS Appropriating money to the commissioner of corrections for increased +prison population, for methamphetamine enforcement and awareness, for +behavioral treatment programs for offenders, for GPS for level 3 sex offenders, +for intensive supervised release services, for assessment and evaluation +of, revocation hearings for and tracking and capturing of sex offenders, +for community notification for sex offenders moving into the state and +for increased sex offender impact, to the sentencing guidelines +commission, to the judicial standards board, to the board of public defense for the loss+ of public defender copay revenue, for sex offender assessment costs and for +increased methamphetamine and sex offender case loads, to the district courts +for increased methamphetamine and sex offender case loads and for the +Ramsey county criminal surcharge and to the commissioner of public safety for +criminal apprehension, for methamphetamine enforcement and awareness, for the +gang and drug task forces, for the fire marshal, for homeless sex offender +registration, for community notification for sex offenders moving into the state, +for 911 emergency telecommunications and crime victims services and for a +chemical assessment team in International Falls; reducing appropriations to +the commissioner of corrections for gate money for supervised release +violators and short term offenders, to the commissioner of human rights and to the +supreme court; requiring the commissioner of corrections to transfer a +certain amount of money to the general fund from Rush City correctional facility per+ diem receipts; requiring the sentencing guidelines commission to study +alternatives to the current system of determinate sentencing guidelines, report requirements; requiring the state court administrator to study and +evaluate the impact of certain sex offender legislation on the courts and the +public defender system and report to the legislature by a certain date; +sunsetting uncodified language ARTICLE 2 � MANDATORY LIFE SENTENCES AND INDETERMINATE SENTENCES FOR +SEX OFFENDERS; OTHER SEX OFFENDER SENTENCING CHANGES Modifying certain provisions providing for the sentencing of +predatory sex offenders; requiring inmates sentenced for sex offenses to serve +conditional release terms and inmates serving mandatory life sentences to serve +an indeterminate sentence or the minimum term of imprisonment before +receiving supervised or conditional release; specifying certain end of +confinement review committee convening requirements for sex offenders subject to +indeterminate sentencing and certain related reporting requirements of the +commissioner of corrections; creating indeterminate or mandatory life sentences for +certain criminal sexual conduct crimes; defining and providing for the crime +of criminal sexual predatory conduct, imposing penalties, doubling the +minimum term of imprisonment applicable to the predatory crime upon +conviction; providing for indeterminate sentences for certain sex offenses, +specifying minimum and maximum terms of imprisonment, prohibiting stay and +imposing lifetime conditional release; imposing mandatory minimum sentences +for certain dangerous patterned sex offenders and for repeat or aggravated +offenses, requiring increased sentences under certain conditions; requiring +conditional release for certain sex offenders, providing for the length and +specifying the terms; requiring the sentencing guidelines commission to review the +new and increased penalties for consistency of presumptive sentences with the assessment by the legislature of the severity of the crimes, +requiring an increase in presumptive sentences under certain conditions; repealing+ certain existing provisions providing for mandatory increased sentences for +certain patterned and predatory offenders and for presumptive and mandatory +sentences for repeat sex offenders, specifying a certain amended and recodified+ note requirement of the revisor of statutes ARTICLE 3 � MINNESOTA SEX OFFENDER REVIEW BOARDEstablishing the Minnesota sex offender review board, specifying +membership requirements and providing for appointment to the board; specifying +certain responsibilities of the board relating to determination of +conditional release; providing for petitions to the board for release, specifying certain +hearing requirements; requiring and providing for the commissioner of +corrections to establish criteria and procedures for the board to use in making +release and revocation decisions and criteria and procedures to govern the review+ and release of sex offenders subject to indeterminate sentences and +report to the legislature by a certain date ARTICLE 4 � PREDATORY OFFENDER REGISTRATION AND COMMUNITY +NOTIFICATION PROVISIONS Clarifying certain sex offender registration requirements and +requiring and providing for offenders without a primary address to register with +local law enforcement authorities under the predatory offender registration +law; requiring and providing for registration with the bureau of criminal apprehension of sex offenders from other states, requiring law +enforcement agencies to provide the BCA with information relating to subjection +to community notification in the other state and the risk level +assigned; specifying certain BCA commissioner of corrections notice +requirements; requiring the commissioner to establish end of confinement review +committees to assign risk levels to offenders from other states and clarifying the requirement for the commissioner to establish the committees for +offenders released from federal correctional facilities; specifying certain +reference change instructions to the revisor of statutes ARTICLE 5 � SEX OFFENDER TECHNICAL AND CONFORMING CHANGESMaking technical and conforming changes to certain statutory +provisions relating to programs for adult offenders committed to the +commissioner of corrections, the registration of predatory offenders, supervised and conditional release, civil commitment, grants to community +corrections agencies, DNA analysis of certain offenders, evidence in criminal +sexual conduct cases, victim identity records confidentiality, a certain +medical purpose exclusion and the exclusion of spectators from the courtroom;+ specifying certain renumbering and cross reference correction +instructions to the revisor of statutes ARTICLE 6 � METHAMPHETAMINE PROVISIONSExempting gamma-butyrolactone (GBL) and 1,4-butanediol (BDO) from +controlled substance schedules under certain conditions; modifying certain +provisions regulating the sale of methamphetamine precursor drugs; expanding the definition of chemical reagents or precursors; increasing the +penalties for possession of chemical reagents or precursors with the intent to +manufacture methamphetamine; requiring the payment of restitution to public +entities for emergency responses to controlled substance or precursor manufacture +crimes; placing certain restrictions on the use of property used in the +methamphetamine manufacture process, defining clandestine lab site and certain other +terms, requiring cleanup by the department of health and certain notices on +deeds; defining and regulating over the counter sales of methamphetamine +precursor drugs, requiring the reporting of suspicious transactions, liability +immunity provision; specifying certain prohibited conduct relating to +anhydrous ammonia, imposing criminal penalties for violation; specifying certain +methamphetamine related crimes involving children and vulnerable adults, prescribing +criminal penalties and providing for multiple or consecutive sentences and +protective custody, reporting requirements; establishing the methamphetamine +awareness and educational account in the special revenue fund to educate retailers +and the public on the dangers of methamphetamines and methamphetamine +precursor drugs and the laws and regulations governing use; requiring the public +facilities authority to establish a methaphetamine laboratory cleanup revolving +fund to provide loans to counties and cities to remediate clandestine lab +sites, specifying application requirements and loan eligibility, regulating +use, requiring reimbursement to the local government unit by the property +owner for the costs of remediation, providing for award and disbursement of +loan funds and specifying conditions and terms of the loans; expanding the +definition of violent crime to include methamphetamine related crimes involving +children and vulnerable adults; requiring the commissioner of public safety to +develop and implement a program to inform retailers of the dangers of illicit methamphetamine production, distribution, use and availability; +repealing certain provisions prohibiting certain fertilizer activities +involving anhydrous ammonia ARTICLE 7 � GENERAL CRIMINAL PROVISIONSDefining appropriate reduced speed in approaching or passing +emergency vehicles stopped on highways with emergency lights flashing; requiring the +commissioner of public safety to ensure the provision of instruction to persons +enrolled in driver education or training programs in the responsibilities of +drivers approaching emergency scenes and stopped emergency vehicles; +authorizing probable cause arrests, penalty; requiring the commissioner to +include in the drivers manual a section relating to the responsibilities of +motorists approaching an emergency or stopped emergency vehicle on the highway; clarifying the provision prohibiting persons in state correctional +facilities or hospitals from possessing controlled substances or intoxicating +liquor; requiring appropriate government entities to preserve physical +evidence containing biological material; civil liability not to preclude +criminal liability relating to nonpayment for motor fuel; expanding the crime +of murder in the first degree relating to a past pattern of child abuse; +expanding the crime of assaulting a peace officer to include the intentional +throwing or transfer of bodily fluids or feces onto an officer; expanding the +crime of assault of correctional employees to assault of probation officers +and sex offender treatment providers; expanding the crime of promoting +prostitution to engaging in sex trafficking, defining sex trafficking; creating the +crimes of nonvehicular evasive flight from a peace officer, of interfering with+ or obstructing ambulance service personnel providing emergency care and +of falsely reporting police misconduct; modifying the distribution formula for prostitution and sex trafficking related forfeiture proceeds; +increasing the criminal penalties for the crime of interference with privacy +(surreptitious intrusion) and the age for protected minor victims for enhanced +penalties imposition purposes; authorizing stepparents to seek harassment +restraining orders on behalf of minors; waiving the restraining order filing fee +for petitioners alleging acts constituting criminal sexual conduct; +modifying the definition of harassment; expanding the crimes of harassment and +stalking to the use of monitors or other technological means ARTICLE 8 � COURT POLICY AND PUBLIC DEFENSEIncreasing the number of judges in the first, fourth, sevenths and +ninth judicial districts; authorizing the chief justice of the supreme +court to assign retired court commissioners to perform judicial duties in the +district court; modifying certain provisions providing for the appointment of +counsel or representation by public defenders; imposing an additional surcharge +on criminal and traffic offenders in the second judicial district +(Ramsey county); exempting prevailing government units from the requirement for the +payment of attorney fees and costs incurred by defendants in certain appeals; +restricting the authority of the board of public defense to pay for public +defender services; authorizing court waiver of the copayment requirement; +modifying the membership of the public defense board; modifying the right of public+ defenders to access certain data; repealing a certain annual reporting +requirement of court reporters relating to transcript fee charges ARTICLE 9 � CORRECTIONS AND PUBLIC SAFETYRequiring peace officers to invalidate drivers licenses or permits of+ persons arrested for impaired driving test refusal, return the license or +permit to the person for use as an identification (ID) card during the period of +license suspension, revocation or cancellation and issue to the person a +temporary short term license; clarifying the requirement for the registrar of +motor vehicles (commissioner of public safety) to issue new registration +plates at no cost after rescission of the revocation of drivers licenses for +certain DWI violations; modifying the administrative forfeiture procedure; +providing a separate department of public safety drivers records retention +requirement for certain DWI violations relating to prior convictions and alcohol +related school or head start bus driving offenses under certain subsequent clean +record conditions; establishing an expedited process for the nonconsensual +collection of blood samples from inmates upon corrections employee significant +exposure to the potential transfer of bloodborne pathogens; prohibiting offenders previously receiving money upon initial release (gate money) from +receiving money for subsequent release for the same offense; increasing the +amount reimbursed to peace officers and local law enforcement agencies by +the commissioner for the purchase of soft body armor (bullet proof +vests); establishing the gang and drug oversight council to provide guidance +relating to the investigation and prosecution of gang and drug crime, +specifying membership and duties, authorizing commissioner grants to state and +local government units to combat gang and drug crime; requiring proceeds +collected for the criminal justice special projects account to be transferred +to the general fund; repealing the criminal gang council and strike force + ARTICLE 10 � RIGHTS OF VICTIMS OF SEXUAL ASSAULTExpanding certain notice and statement rights of victims of sexual +assault to receive notice, defining victim(ra)