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Office of the Revisor of Statutes

SF 1863 Senate Long Description

E Relating to crime prevention and public safety ARTICLE 1 � SEX OFFENDERS: MANDATORY LIFE SENTENCES FOR REPEAT +OFFENSES; OTHER SENTENCING CHANGESRequiring sex offenders serving mandatory life sentences for certain +criminal sexual conduct offenses to serve the minimum term of imprisonment +before supervised release; specifying certain factors to be considered by +the commissioner of corrections in granting supervised release to the +offenders; increasing the statutory maximum sentences for sex offenders; +redefining predatory crime and defining sex offense and second or subsequent sex+ offense; providing for indeterminate sentences with lifetime maximums for +certain repeat offenses; streamlining the patterned and predatory offender +sentencing law; creating the crime of criminal sexual conduct in the sixth degree, +penalties ARTICLE 2 - SEX OFFENDERS: PREDATORY OFFENDER REGISTRATION; +COMMUNITY NOTIFICATION; NONSENTENCING CHANGES; APPROPRIATIONSRequiring and providing for sex offenders without a primary address +to register with local law enforcement authorities under the predatory offender registration law, requiring the bureau of criminal apprehension to +confirm out of state residence addresses for registration requirements +termination purposes; prescribing the registration procedure for persons lacking +a primary address and imposing certain in person contact and photographic +requirements; requiring law enforcement authorities receiving registration +information to forward the information to the bureau of criminal apprehension (BCA); clarifying certain jurisdiction authority for prosecution purposes; +expanding registration requirements under the predatory offender registration +law to persons convicted of assault in the fourth degree and to persons +previously required to register in other states; requiring annual commissioner +of corrections community supervision caseload reports to the +legislature; expanding end of confinement review committee risk level assignment requirements under the sex offender community notification law to +offenders released from correctional facilities in other states and to persons +accepted under the interstate compact for adult offender supervision; +providing for notice relating to the receipt of out of state offenders; clarifying +certain requirements for the disclosure of information on predatory +offenders; authorizing the court or the commissioner to order the use of +polygraphic examinations (lie detector tests) for sex offenders on probation or +conditional release to ensure compliance with the terms of release and to charge +the offenders for the costs of the examinations, requiring the chief +justice of the supreme court in consultation with the conference of chief judges to +develop by a certain date a protocol for use of the examinations; specifying +certain reference change instructions to the revisor of statutes; +appropriating money to the commissioner for the polygraphic examinations, for the +acquisition of bracelets equipped with tracking devices to monitor the movement and +location of criminal offenders, for supervised release and for grants to +counties to provide chemical dependency and sex offender treatment to criminal +offenders incarcerated at local correctional facilities or ordered to complete +treatment as a condition of release and to the state court administrator for +the polygraphic examinations ARTICLE 3 � SEX OFFENDERS; TECHNICAL AND CONFORMING CHANGES Making technical and conforming changes to certain statutory +provisions relating to supervised or conditional release, civil commitment, end +of confinement review committees, DNA analysis, evidence in criminal +sexual conduct cases, victim identity records confidentiality, a certain +medical purpose exclusion, prosecution jurisdiction and the exclusion of +spectators from the courtroom; specifying certain renumbering and cross +reference correction instructions to the revisor of statutes ARTICLE 4 � METHAMPHETAMINE PROVISIONSModifying certain provisions regulating the sale of methamphetamine +precursor drugs; imposing a surcharge on persons convicted of controlled +substance offenses; 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 or motor vehicles used in the methamphetamine +manufacture process, defining clandestine lab site and certain other terms, +requiring certain disclosures about the property in real estate transactions; +defining and regulating over the counter sales of methamphetamine precursor +drugs, imposing criminal penalties for violation and 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 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 including an educational initiative, +Minnesota meth watch; 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 human services to report to the legislature relating +to the methamphetamine treatment grants and the success of a pilot program +and the commissioner of corrections to report to the legislature on persons incarcerated due to methamphetamine related crimes and on treatment +programs in state correctional facilities; requesting the legislative audit +commission (LAC) to study and report to the legislature by a certain date on +the efficacy of controlled substance treatment programs for criminal offenders; appropriating money to the commissioner of human services for grants +to counties to fund pilot project methamphetamine treatment programs for+ offenders and to the public facilities authority for methamphetamine laboratory+ cleanup loans; repealing certain provisions prohibiting certain fertilizer +activities involving anhydrous ammonia ARTICLE 5 � MISCELLANEOUS CRIMINAL PROVISIONSClarifying certain issues relating to the look back period and the +number of children in the vehicle for impaired driving offenses aggravating +factors determination purposes; requiring peace officers to invalidate +drivers licenses or permits of persons arrested for DWI 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 temporary short term licenses; 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 impaired driving violations; clarifying the provision prohibiting +persons in state correctional facilities or hospitals from possessing controlled substances or intoxicating liquor; increasing the amount reimbursed +to peace officers and local law enforcement agencies by the commissioner of +public safety for the purchase of soft body armor (bullet proof vests); +expanding the crime of promoting prostitution to engaging in sex trafficking, +defining sex trafficking; creating the crime of nonvehicular evasive flight from a+ peace officer; expanding the crime of identity theft to offenses relating +to possession or distribution of pornographic work involving minors; +requiring the court to order restitution to direct victims of the offense upon +conviction and to provide to the victims upon request free certified copies of +complaints filed, judgments of conviction and factual orders; modifying the +distribution formula for prostitution and sex trafficking related forfeiture +proceeds; extending the time limits under the trespass law and prohibiting +trespassing on roofs of school buildings; 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; requesting +the legislative audit commission (LAC) to study and report to the +legislature by a certain date on the correctional supervision of criminal offenders on+ probation or supervised or conditional release (mk, ja)