HF 1

CHAPTER 136
EFFECTIVE DATE: Various

Omnibus public safety appropriations bill.

ARTICLE 1: APPROPRIATIONS
Section 1: Public safety money appropriated.
[Agencies receiving appropriations follow]
Sec. 2: Supreme court
Sec. 3: Court of appeals
Sec. 4: Trial courts
Sec. 5: Tax court
Sec. 6: Uniform laws commission
Sec. 7: Board on judicial standards
Sec. 8: Board of public defense
Sec. 9: Public safety
Subdivision 1: Total appropriation
Sub. 2: Emergency management, nonprofit and faith-based organization antiterrorism grants
Sub. 3: Criminal apprehension
Sub. 4: Fire marshal
Sub. 5: Alcohol and gambling enforcement
Sub. 6: Office of justice programs
Sub. 7: 911 Emergency Services / ARMER
Sub. 8: Administration
Sub. 9: Driver and vehicle services
Section 10: Peace officer standards and training board (POST)
Sec. 11: Private detective board
Sec. 12: Human rights
Sec. 13: Department of corrections
Subdivision 1: Total appropriation
Sub. 2: Correctional institutions
Sub. 3: Community services
Sub. 4: Operations support
Section 14: Sentencing guidelines
Sec. 15: Board of veterinary medicine methamphetamine study.
[End appropriations summary]

ARTICLE 2: SEX OFFENDERS: MANDATORY LIFE SENTENCES FOR CERTAN EGREGIOUS AND REPEAT SEX OFFENSES; CONDITIONAL RELEASE; OTHER SENTENCING CHANGES
Section 1: Conforming changes relating to statutory manditory life sentence added and minimum term of 20 years required before supervised release.
Sec. 2: Sex Offender Review Board required to determine conditions of supervised release.
Sec. 3: Minimum term of imprisonment required for supervised release.
Sec. 4: Supervised release regulations expanded and detailed.
Sec. 5: Conforming change.
Sec. 6: Mnadatory minimum sentence provisions modified.
Sec. 7: "Predatory crime" definition modified.
Sec. 8: Danger to public safety determination procedure clarified.
Sec. 9: Conditional release provisions modified.
Sec. 10: "Coercion" definition modified.
Sec. 11: "Predatory crime" defined.
Sec. 12: Penalties modified and detailed.
Sec. 13: Conforming change.
Sec. 14: Penalties modified and detailed.
Sec. 15: Conforming change.
Sec. 16: Penalties modified and detailed.
Sec. 17: Stay of imprisonment conditions modified.
Sec. 18: Penalties modified.
Sec. 19: Conforming changes.
Sec. 20: Criminal sexual predatory conduct crime established.
Sec. 21: Life sentence conditional release provision established.
Sec. 22: Sentenceing guidelines commission directives provided.
Sec. 23: Repealer.

ARTICLE 3: SEX OFFENDERS: PREDATORY OFFENDER REGISTRATION; COMMUNITY NOTIFICATION; MISCELLANEOUS PROVISIONS
Section 1: Disclosure of registrant status of registered sex offender to health facilities governance specified.
Sec. 2: Transfer and discharge appeals modified.
Sec. 3: Inmate record by department of corrections modified.
Sec. 4: Adult offender programs committed to commissioner.
Sec. 5: Funding priority modified.
Sec. 6: Community-based sex offender program evaluation modified.
Sec. 7: Sex offender programs modified.
Sec. 8: Predatory offender registration provisions and procedures overhauled.
Sec. 9: Statutory references added.
Sec. 10: Supervised release modified.
Sec. 11: Civil commitment determination procedures modified.
Sec. 12: End-of-confinement review committee procedures modified.
Sec. 13: Offenders from other states and offenders released from federal facilities provisions established.
Sec. 14: Public disclosure of information procedures established.
Sec. 15: Health care disclosure facility requirements established.
Sec. 16: Predatory offender seeking housing in jurisdiction of different corrections agency provided.
Sec. 17: Placement of predatory offender in household with children provision modified.
Sec. 18: Information notice modified.
Sec. 19: Petition modified.
Sec. 20: Victim notification of petition and release provision established.
Sec. 21: Commissioner of corrections procedure modified.
Sec. 22: Conditional release modified.
Sec. 23: Assessment requirements provided.
Sec. 24: Polygraph usage authorized.
Sec. 25: Reporting requirements modified.
Sec. 26: Protocol use of polygraphs provided.
Sec. 27: Supreme court study requested on civil commitments.
Sec. 28: Sex offender management working group established.
Sec. 29: Prison-based sex offender treatment programs report required.
Sec. 30: Revisor¿s instruction.
Sec. 31: Repealer.

ARTICLE 4: SEX OFFENDERS: TECHNICAL AND CONFORMING CHANGES

Section 1: Crime victim identity data modified.
Sec. 2: Rulemaking procedures modified.
Sec. 3-10: Statutory references added.
Sec. 11: Revisor instruction.

ARTICLE 5: HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY
Section 1: Data usage modified.
Sec. 2: Patient and resident records in receiving state-operated services modified.
Sec. 3: Release on pass notification procedures modified.
Sec. 4: Database of registered predatory offenders regulations modified.
Sec. 5: Abuse prevention plans modified.
Sec. 6: Repealer.

ARTICLE 6: HUMAN SERVICES BACKGROUND STUDIES
Section 1: Direct contact disqualification data classified.
Sec. 2: Permanent disqualification conditions expanded.
Sec. 3: Notice of study results time frame modified.
Sec. 4: Disqualification notice requirements specified.
Sec. 5: Disqualification notice provisions modified.
Sec. 6: Data classification provided.
Sec. 7: Permanent bar procedures modified.

ARTICLE 7: METHAMPHETAMINE PROVISIONS
Section 1: Ephedrine and pseudoephedrine veterinarian prescription required.
Sec. 2: ¿Narcotic drug¿ definition modified.
Sec. 3: Methamphetamine precursor drugs classified as Schedule V drugs.
Sec. 4: Methamphetamine precursors sale restrictions authorized.
Sec. 5: Methamphetamine manufacture crime established.
Sec. 6: Penalty increased.
Sec. 7: Sale of Schedule V controlled substance regulated.
Sec. 8: Conforming change.
Sec. 9: Restitution provided.
Sec. 10: Exceptions provided.
Sec. 11: Anhydrous ammonia regulated.
Sec. 12: Methamphetamine and children regulated.
Sec. 13: Certificate content modified.
Sec. 14: School notice provided.
Sec. 15: Revolving account for meth lab cleanup provided.
Sec. 16-18: Technical.
Sec. 19: Computer system development provided.
Sec. 20: Veterinary medicine report board study required.
Sec. 21: Revisor¿s instruction.
Sec. 22: Repealer.

ARTICLE 8: PUBLIC SAFETY POLICY
Section 1: Grants-in-aid to youth intervention programs intent specified and related provisions established.
Sec. 2: Exceptions to prohibitions provided.
Sec. 3: Services modified.
Sec. 4: Penalties modified relating to excavation for renumeration.
Sec. 5: Language clarified.
Sec. 6: National record search by courts through FBI authorized.
Sec. 7: Scope and duty determination procedures established.
Sec. 8: Course and scope of duties panel established.
Sec. 9: Access to data on juveniles provisions modified.
Sec. 10: Bureau identification data authority clariifed.
Sec. 11: Protective agent classification provided.
Sec. 12: Fees modified.
Sec. 13: Fees modified.
Sec. 14: Brand registration modified.
Sec. 15: Caterer¿s permit fees increased.
Sec. 16: Tour boat carrier fees increased.
Sec. 17: Permit fees increased.
Sec. 18: Sunday on-sale license fees increased.
Sec. 19: Sales after 1:00 AM permit fee increased.
Sec. 20-21: Prohibition against employer retaliation established.
Sec. 22: "Victim" definition modified.
Sec. 23: Prohibition against employer retaliation provisions modified.
Sec. 24: Testing of sex offenders for human immunodeficiency (HIV) virus provisions modiified relating to disclosure.
Sec. 25: Minnesota residents injured elsewhere provisions modified.
Sec. 26: Special revenue spending authorization from criminal justice special projects account provided.
Sec. 27: Homelessness pilot project grants provided.
Sec. 28: Responsibility transfer authorized.
Sec. 29: Revisor instruction.

ARTICLE 9: FIRE MARSHAL
Section 1: Structure removal provisions expanded.
Sec. 2: Fire protection language clarified.
Sec. 3: Structure demolition rights before sale modified.
Sec. 4: Fee for plan review modified.
Sec. 5: Uniform Fire Code changed to State Fire Code.
Sec. 6: Law enforcement powers clarified.
Sec. 7: Cooperative investigation regulations modified.
Sec. 8: Witness and evidence regulations relating to State Fire Code modified.
Sec. 9: Handling and disposition of blasting agents and explosives provisions modified.
Sec. 10: Definitions of "blasting agent" and "explosive" modified.
Sec. 11-12: Smoke detector requirements clarified.
Sec. 13: Conforming changes.
Sec. 17: Revisor's instruction.
Sec. 18: Repealer.

ARTICLE 10: 911 EMERGENCY COMMUNICATIONS SERVICES
Section 1: Per number fee established.
Sec. 2: Department of public safety responsibilities modified.
Sec. 3: Definition of "automatic location identification" modified.
Sec. 4: "Enhanced 911 service" definition modified.
Sec. 5: "911 service" definition modified.
Sec. 6: "911 emergency telecommunications service provider" defined.
Sec. 7: Connected telecommunications service provider requirements modified.
Sec. 8: Contractual requirements relating to 911 system modified.
Sec. 9: 911 service agreements modified.
Sec. 10: 911 database statuory references modified.
Sec. 11: Plan integration procedures clarified.
Sec. 12: Emergency telecommunications account regulations modified.
Sec. 13: Conforming changes.
Sec. 14: Certification limitation modified.
Sec. 15: Fee for 911 service expanded.
Sec. 16: "Subsystems" or "public safety radio subsystems" definitions modified.
Sec. 17: Third phase authorization of revenue bonds established.
Sec. 18: Limitations modified.
Sec. 19: Bonding authority clarified.
Sec. 20: Cost coverage regarding standing appropriations modified.
Sec. 21: Repealer.
Sec. 22: Effective date.

ARTICLE 11: LAW ENFORCEMENT POLICY
Section 1: Bulletproof vest reimbursement amount increased.
Sec. 2: Conforming change.
Sec. 3: Eligibility requirements for reimbursement amount modified.
Sec. 4: Gang and drug oversight council established.
Sec. 5: Minnesota Financial Crimes Oversight Council established.
Sec. 6: Statewide human trafficking assessment required.
Sec. 7: Trafficking study required.
Sec. 8: Required fingerprinting provisions modified.
Sec. 9: Court disposition record in suspense fingerprinting requirements regulated.
Sec. 10: Released prisoner information modified.
Sec. 11: Authority to enter or retrieve data modified.
Sec. 12: Membership and duty provisions of criminal and juvenile justice information policy group modified.
Sec. 13: Task force policy group regulations modified.
Sec. 14: Policy group report modified.
Sec. 15: CriMNet program office grant request review provisions modified.
Sec. 16: Use of "public safety" and "state patrol" in private detective advertisements prohibited.
Sec. 17: Booking recording maintenance required.
Sec. 18: Repealer.

ARTICLE 12: DNA COLLECTION
Section 1: Statutory reference added relating to DNA evidence.
Sec. 2-3: Technical changes.
Sec. 4: DNA data required collection provisions established.
Sec. 5: Identification data other than DNA provisions modified.
Sec. 6: Data contained on bureau's centralized system classified as private.
Sec. 7: Technical.
Sec. 8: Biological evidence preservation provision established.
Sec. 9: DNA analysis requirement modified.
Sec. 10: Technical.
Sec. 11: Order limitations modified.
Sec. 12: Repealer.

ARTICLE 13: CORRECTIONS
Section 1: Service contract procedure modified.
Sec. 2: Contracted services provisions modified.
Sec. 3: Correctional officers discipline procedures established.
Sec. 4: Advisory Council on Interstate Adult Offender Supervision membership requirements modified.
Sec. 5: CEO fund increase provided.
Sec. 6: Conditional release of nonviolent controlled substance offenders; opportunity for drug treatment provision established.
Sec. 7: Local correctional fee regualtions modified.
Sec. 8: Department of Corrections' Fugitive Apprehension Unit added to definition of "Appropriate Agency."
Sec. 9: DCFAU property seizure provisions clarified.
Sec. 10: Conveyance devise seizure prohibited.
Sec. 11-16: Conforming changes.
Sec. 17: Confinement when not employed provisions modified.
Sec. 18: Jail purchase, lease, or repair expense request limit increased.
Sec. 19: MCF-Faribault dedication of space provided.
Sec. 20: Repealer.

ARTICLE 14: COURTS AND PUBLIC DEFENDER
Section 1: Judge allotment increased.
Sec. 2: Commitment hearing time allotment modified.
Sec. 3: Court administrator fees increased.
Sec. 4: Criminal and traffic offender surcharge increased.
Sec. 5: Surcharge disbursement provision modified.
Sec. 6: County recorder fees modified.
Sec. 7: County fees and recording standards for the recording of real estate documents regulations created.
Sec. 8: Technical.
Sec. 9-10: Registrar of titles¿ fees modified.
Sec. 11: Recording fees specified.
Sec. 12: Postconviction relief petition regulations clarified.
Sec. 13: Time limit modified.
Sec. 14: Sentencing worksheet and guidelines commission conforming changes enacted.
Sec. 15: Government data accessibility about witnesses and CriMNet restricted.
Sec. 16: Surplus property computer usage specified.
Sec. 17: Property seizure procedures specified.
Sec. 18: Collateral sanction on cross-references and creation of a new table procedures specified.
Sec. 19: Collateral sanctions laws report required.
Sec. 20: Ramsey county court commissioner duties clarified.
Sec. 21: Repealer.

ARTICLE 15: CHILD PROTECTION
Section 1: Adoption exceptions clarified.
Sec. 2: Time of consent notice of intent to consent of adoption provisions clarified.
Sec. 3: Adoption execution provisions clarified.
Sec. 4: Withdrawal of adoption consent regulations clarified.
Sec. 5: Court-ordered placements review modified.
Sec. 6: Background check requirements established.
Sec. 7: Responsible social service agency's duites for children in placement modified.

ARTICLE 16: CRIMINAL SENTENCING POLICY
Section 1: Sentencing range provisions modified.
Sec. 2: Sentence imposition deviation procedures clarified.
Sec. 3: Aggravated sentence motion regulations established.
Sec. 4: Aggravated durational departure procedures established.
Sec. 5: Defendant presentation of evidence and argument requirements specified.
Sec. 6: Jury determination waiver modified.
Sec. 7: Predatory offender information notice required.
Sec. 8: Criminal history score computation result disagreement procedure defined.
Sec. 9-10: Mandatory increased sentencing provisions modified.
Sec. 11-12: Increased sentencing guidelines modified.
Sec. 13: Revisor instruction.
Sec. 14: Certain Minnesota sentencing guidelines commission recommendations adopted and rejected.
Sec. 15: Sentencing guidelines commission instruction.
Sec 16: Repealer.

ARTICLE 17: GENERAL CRIMINAL PROVISIONS
Section 1: Schedule III substance list expanded to include anabolic steroids.
Sec. 2: Conforming change.
Sec. 3: Gasoline theft offense penalty modified.
Sec. 4: Possession of fighting animals or fighting dogs penalty established.
Sec. 5: Harassment or stalking domestic abuse no-contact order provision modified.
Sec. 6: Motor fuel drive-off crime modified.
Sec. 7: Not a bar to criminal liability provided.
Sec. 8: Domestic assault by strangulation added to qualified offense list.
Sec. 9: Technical.
Sec. 10: First degree murder definition modified.
Sec. 11: Secure treatment facility related definitions modified.
Sec. 12: Statutory reference added.
Sec. 13: Domestic assault by strangulation crime established.
Sec. 14: Penalty provided.
Sec. 15: Definitions provided.
Sec. 16: Labor trafficking prohibited.
Sec. 17: Unlawful conduct with respect to documents in furtherance of labor or sex trafficking crimes detailed.
Sec. 18: Labor or sex trafficking crimes detailed.
Sec. 19: Scope provided.
Sec. 20: ¿Promotes the prostitution of an individual¿ definition modified.
Sec. 21: ¿Sex trafficking¿ defined.
Sec. 22: ¿Sex trafficking victim¿ defined.
Sec. 23: "Public place" definition modified.
Sec. 24: Loitering with intent to participate in prostitution crime provided.
Sec. 25: Affirmative defense provided.
Sec. 26: Prohibited acts modified.
Sec. 27: Sentence modified relating to civil commitment.
Sec. 28: Fleeing crime clarified.
Sec. 29: Ambulance interference crime established.
Sec. 30: Falsely reporting crime misdemeanor clarified and police misconduct reporting provisions established.
Sec. 31: Acts of theft clarified.
Sec. 32: "False pretense" defined.
Sec. 33: Pornographic work possession or distribution penalty modified.
Sec. 34: Victim item provision restitution clarified.
Sec. 35: Crime of electronic use of false pretense to obtain identity established.
Sec. 36: Venue provision clarified.
Sec. 37: ¿Designated offense¿ definition modified.
Sec. 38: Computers and related property subject to forfeiture.
Sec. 39: Technical.
Sec. 40: Disposition of certain forfeited proceeds detailed and report required on trafficking of persons.
Sec. 41: "Posted" definition modified.
Sec. 42: School property trespass crime modified.
Sec. 43: Surrepetitious intrusion observation device crime modified.
Sec. 44: Restraining order jurisdiction modified.
Sec. 45: Filing fee technical reference added.
Sec. 46: Harassment and stalking crimes modified.
Sec. 47: Jurisdiction language clarified.
Sec. 48-49: Venue detailed.
Sec. 50: Railroad that obstructs treatment of an injured worker crime established.
Sec. 51: Criminal use of real property detailed.
Sec. 52: Limitations modified.
Sec. 53: Repealer.
ARTICLE 18: DWI AND TRAFFIC SAFETY POLICY
Section 1: Traffic signal override device possession prohibited.
Sec. 2: Second offense of DWI provision modified.
Sec. 3: Test failure and license revocation for DWI provision modified.
Sec. 4: Judical hearing issues modified.
Sec. 5: Judicial review petition modified.
Sec. 6: Revocation recission procdure modified.
Sec. 7: Administrative forfeiture procedure modified.
Sec. 8: Assessment report modified.
Sec. 9: Assessment method modified.
Sec. 10: Preconviction assessment modified.
Sec. 11: Driving restrictions relating to no alcohol established.
Sec. 12: Reinstatement fee modified.
Sec. 13: Technical references added.
Sec. 14: Waiting period modified.
Sec. 15: Driver¿s license sanctions added.
Sec. 16: Repealer.

AME
8-26-05