1.1                          A bill for an act 
  1.2             relating to public safety; appropriating money for the 
  1.3             courts, Public Safety, and Corrections Departments, 
  1.4             the Peace Officer Standards and Training Board, the 
  1.5             Private Detective Board, Human Rights Department, and 
  1.6             the Sentencing Guidelines Commission; making a 
  1.7             standing appropriation for bond service for the 911 
  1.8             system; appropriating money for methamphetamine 
  1.9             grants, homeless outreach grants, and youth 
  1.10            intervention grants; requiring life without release 
  1.11            sentences for certain egregious first degree criminal 
  1.12            sexual conduct offenses; requiring indeterminate life 
  1.13            sentences for certain sex offenses; increasing 
  1.14            statutory maximum sentences for sex offenses; 
  1.15            establishing the Minnesota Sex Offender Review Board 
  1.16            and providing its responsibilities, including release 
  1.17            decisions, access to data, expedited rulemaking, and 
  1.18            the applicability to it of contested case proceedings 
  1.19            and the Open Meeting Law; directing the Sentencing 
  1.20            Guidelines Commission to modify the sentencing 
  1.21            guidelines; providing criminal penalties; modifying 
  1.22            predatory offender registration and community 
  1.23            notification requirements; expanding Department of 
  1.24            Human Services access to the predatory offender 
  1.25            registry; modifying the human services criminal 
  1.26            background check law; establishing an ongoing Sex 
  1.27            Offender Policy Board to develop uniform supervision 
  1.28            and professional standards; requesting the Supreme 
  1.29            Court to study use of the court system as an 
  1.30            alternative to the administrative process for 
  1.31            discharge of persons committed as sexually dangerous 
  1.32            persons or sexual psychopathic personalities; making 
  1.33            miscellaneous technical and conforming amendments to 
  1.34            the sex offender law; requiring level III sex 
  1.35            offenders to submit to polygraphs as a condition of 
  1.36            release; providing that computers are subject to 
  1.37            forfeiture if used to commit designated offenses; 
  1.38            amending fire marshal safety law; defining explosives 
  1.39            for purposes of rules regulating storage and use of 
  1.40            explosives; transferring the youth intervention 
  1.41            program to the Department of Public Safety; amending 
  1.42            the Emergency Communications Law by assessing fees and 
  1.43            authorizing issuance of bonds for the third phase of 
  1.44            the statewide public safety radio communication 
  1.45            system; requiring a statewide human trafficking 
  1.46            assessment and study; establishing a gang and drug 
  2.1             oversight council and a financial crimes oversight 
  2.2             council; requiring correctional facilities to provide 
  2.3             the Bureau of Criminal Apprehension with certain 
  2.4             fingerprint information; requiring law enforcement 
  2.5             agencies to take biological specimens for DNA analysis 
  2.6             for persons arrested for designated crimes in 2005 and 
  2.7             further crimes in 2010; establishing correctional 
  2.8             officers discipline procedures; increasing surcharges 
  2.9             on criminal and traffic offenders; limiting public 
  2.10            defender representation; authorizing public defender 
  2.11            access to certain criminal justice data; requiring the 
  2.12            revisor of statutes to publish a table containing 
  2.13            cross-references to Minnesota Laws imposing collateral 
  2.14            sanctions; requiring background checks for certain 
  2.15            child care and placement situations; requiring the 
  2.16            finder of fact to find a severe aggravating factor 
  2.17            before imposing a sentence in excess of that provided 
  2.18            by the Sentencing Guidelines; providing procedures 
  2.19            where state intends to seek an aggravated durational 
  2.20            departure; defining new crimes, amending crimes and 
  2.21            imposing criminal penalties; prohibiting persons from 
  2.22            operating motor vehicles containing traffic 
  2.23            signal-override devices; requiring restraint of 
  2.24            children under the age of seven; amending Minnesota 
  2.25            Statutes 2004, sections 2.722, subdivision 1; 13.461, 
  2.26            by adding subdivisions; 13.6905, subdivision 17; 
  2.27            13.82, by adding a subdivision; 13.851, subdivision 5, 
  2.28            by adding a subdivision; 13.87, subdivision 3; 13.871, 
  2.29            subdivision 5; 13D.05, subdivision 2; 84.362; 116L.30; 
  2.30            144.335, by adding a subdivision; 144A.135; 152.02, 
  2.31            subdivisions 4, 5; 169.06, by adding a subdivision; 
  2.32            169.685, subdivision 5; 169.71, subdivision 1; 
  2.33            169A.275, subdivision 1; 169A.52, subdivision 4; 
  2.34            169A.60, subdivisions 10, 11; 169A.63, subdivision 8; 
  2.35            169A.70, subdivision 3, by adding subdivisions; 
  2.36            171.20, subdivision 4; 171.26; 214.04, subdivision 1; 
  2.37            237.70, subdivision 7; 241.67, subdivision 3; 242.195, 
  2.38            subdivision 1; 243.1606, subdivision 1; 243.166; 
  2.39            243.167; 243.24, subdivision 2; 244.05, subdivisions 
  2.40            4, 5, 6, 7; 244.052, subdivisions 3, 4, by adding 
  2.41            subdivisions; 244.09, subdivision 5; 244.10, 
  2.42            subdivision 2, by adding subdivisions; 244.18, 
  2.43            subdivision 2; 245C.03, subdivision 1; 245C.13, 
  2.44            subdivision 2; 245C.15, subdivisions 1, 2, 3, 4; 
  2.45            245C.17, subdivisions 1, 2, 3; 245C.21, subdivisions 
  2.46            3, 4; 245C.22, by adding a subdivision; 245C.23, 
  2.47            subdivision 1; 245C.24, subdivisions 2, 3, 4, by 
  2.48            adding a subdivision; 245C.30, subdivisions 1, 2; 
  2.49            246.13; 253B.18, subdivisions 4a, 5, by adding a 
  2.50            subdivision; 259.11; 259.24, subdivisions 1, 2a, 5, 
  2.51            6a; 260C.201, subdivision 11; 260C.212, subdivision 4; 
  2.52            282.04, subdivision 2; 299A.38, subdivisions 2, 2a, 3; 
  2.53            299A.465, by adding subdivisions; 299C.03; 299C.08; 
  2.54            299C.093; 299C.095, subdivision 1; 299C.10, 
  2.55            subdivision 1, by adding a subdivision; 299C.11; 
  2.56            299C.14; 299C.145, subdivision 3; 299C.155; 299C.21; 
  2.57            299C.65, subdivisions 1, 2, 5, by adding a 
  2.58            subdivision; 299F.011, subdivision 7; 299F.014; 
  2.59            299F.05; 299F.051, subdivision 4; 299F.06, subdivision 
  2.60            1; 299F.19, subdivisions 1, 2; 299F.362, subdivisions 
  2.61            3, 4; 299F.391, subdivision 1; 299F.46, subdivisions 
  2.62            1, 3; 325F.04; 326.3382, by adding a subdivision; 
  2.63            326.3384, subdivision 1; 343.31; 357.021, subdivisions 
  2.64            6, 7; 357.18, subdivision 3; 403.02, subdivisions 7, 
  2.65            13, 17, by adding a subdivision; 403.025, subdivisions 
  2.66            3, 7; 403.05, subdivisions 1, 3; 403.07, subdivision 
  2.67            3; 403.08, subdivision 10; 403.11, subdivisions 1, 3, 
  2.68            3a; 403.113, subdivision 1; 403.27, subdivisions 3, 4, 
  2.69            by adding subdivisions; 403.30, subdivisions 1, 3, by 
  2.70            adding subdivisions; 508.82, subdivision 1; 508A.82, 
  2.71            subdivision 1; 518B.01, by adding a subdivision; 
  3.1             590.01, subdivision 1, by adding a subdivision; 
  3.2             609.02, subdivision 16; 609.108, subdivisions 1, 3, 4, 
  3.3             6, 7; 609.109, subdivisions 3, 4, 5, 6, 7; 609.1095, 
  3.4             subdivisions 2, 4; 609.117; 609.1351; 609.185; 
  3.5             609.2231, subdivision 3; 609.2242, subdivision 3; 
  3.6             609.229, subdivision 3, by adding a subdivision; 
  3.7             609.233, subdivision 1, by adding a subdivision; 
  3.8             609.321, subdivision 12; 609.341, subdivision 14, by 
  3.9             adding subdivisions; 609.342, subdivisions 2, 3; 
  3.10            609.343, subdivisions 2, 3; 609.344, subdivisions 2, 
  3.11            3; 609.345, subdivisions 2, 3; 609.347; 609.3471; 
  3.12            609.348; 609.353; 609.378, subdivision 1; 609.485, 
  3.13            subdivisions 2, 4; 609.487, by adding a subdivision; 
  3.14            609.50, subdivision 1; 609.505; 609.52, subdivision 2; 
  3.15            609.527, subdivisions 1, 3, 4, 6, by adding a 
  3.16            subdivision; 609.531, subdivision 1; 609.5311, 
  3.17            subdivisions 2, 3; 609.5312, subdivisions 1, 3, 4, by 
  3.18            adding a subdivision; 609.5314, subdivision 1; 
  3.19            609.5317, subdivision 1; 609.5318, subdivision 1; 
  3.20            609.605, subdivisions 1, 4; 609.748, subdivisions 2, 
  3.21            3a, by adding a subdivision; 609.749, subdivision 2; 
  3.22            609.763, subdivision 3; 609.79, subdivision 2; 
  3.23            609.795, by adding a subdivision; 609A.02, subdivision 
  3.24            3; 609A.03, subdivision 7; 611.14; 611.16; 611.25, 
  3.25            subdivision 1; 611.272; 611A.01; 611A.036; 611A.19; 
  3.26            611A.53, subdivision 1b; 617.23, subdivisions 2, 3; 
  3.27            624.22, subdivision 1; 626.04; 626.556, subdivision 3; 
  3.28            626.557, subdivisions 12b, 14; 631.045; 631.425, 
  3.29            subdivision 4; 641.21; Laws 2004, chapter 201, section 
  3.30            22; proposing coding for new law in Minnesota 
  3.31            Statutes, chapters 171; 241; 243; 244; 260C; 299A; 
  3.32            299C; 590; 609; 611; 629; proposing coding for new law 
  3.33            as Minnesota Statutes, chapter 545A; repealing 
  3.34            Minnesota Statutes 2004, sections 69.011, subdivision 
  3.35            5; 243.162; 243.166, subdivisions 1, 8; 244.10, 
  3.36            subdivisions 2a, 3; 246.017, subdivision 1; 299A.64; 
  3.37            299A.65; 299A.66; 299A.68; 299C.65, subdivisions 3, 4, 
  3.38            6, 7, 8, 8a, 9; 299F.011, subdivision 4c; 299F.015; 
  3.39            299F.10; 299F.11; 299F.12; 299F.13; 299F.14; 299F.15; 
  3.40            299F.16; 299F.17; 299F.361; 299F.451; 299F.452; 
  3.41            403.025, subdivision 4; 403.30, subdivision 2; 
  3.42            609.108, subdivisions 2, 4, 5; 609.109, subdivisions 
  3.43            2, 4, 6; 609.119; 611.18; 624.04; Laws 2004, chapter 
  3.44            283, section 14. 
  3.45  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  3.46                             ARTICLE 1
  3.47                           APPROPRIATIONS
  3.48  Section 1.  [PUBLIC SAFETY APPROPRIATIONS.] 
  3.49     The sums shown in the columns marked "APPROPRIATIONS" are 
  3.50  appropriated from the general fund, or another named fund, to 
  3.51  the agencies and for the purposes specified in this act, to be 
  3.52  available for the fiscal years indicated for each purpose.  The 
  3.53  figures "2006" and "2007," where used in this act, mean that the 
  3.54  appropriation or appropriations listed under them are available 
  3.55  for the year ending June 30, 2006, or June 30, 2007, 
  3.56  respectively.  The term "first year" means the fiscal year 
  3.57  ending June 30, 2006, and the term "second year" means the 
  4.1   fiscal year ending June 30, 2007.  
  4.2                                              APPROPRIATIONS 
  4.3                                          Available for the Year 
  4.4                                              Ending June 30 
  4.5                                             2006         2007 
  4.6   Sec. 2.  SUPREME COURT       
  4.7   Subdivision 1.  Total           
  4.8   Appropriations                    $   42,547,000 $   42,593,000
  4.9   Subd. 2.  Supreme Court Operations    29,898,000     29,898,000 
  4.10  [JUDICIAL SALARIES.] Effective July 1, 
  4.11  2005, and July 1, 2006, the salaries of 
  4.12  judges of the Supreme Court, Court of 
  4.13  Appeals, and district court are 
  4.14  increased by the average of the 
  4.15  percentage increase in total 
  4.16  compensation for state employees 
  4.17  provided in negotiated collective 
  4.18  bargaining agreements or arbitration 
  4.19  awards for fiscal years 2006 and 2007 
  4.20  approved by the Legislative 
  4.21  Coordinating Commission before the 2006 
  4.22  regular legislative session.  The 
  4.23  commissioner of employee relations 
  4.24  shall calculate the new salaries, which 
  4.25  shall be based on all compensation 
  4.26  increases, except insurance, and shall 
  4.27  report them to the chief justice of the 
  4.28  Supreme Court.  
  4.29  [CONTINGENT ACCOUNT.] $5,000 each year 
  4.30  is for a contingent account for 
  4.31  expenses necessary for the normal 
  4.32  operation of the court for which no 
  4.33  other reimbursement is provided. 
  4.34  Subd. 3.  Civil Legal Services        12,649,000     12,695,000 
  4.35  [LEGAL SERVICES TO LOW-INCOME CLIENTS 
  4.36  IN FAMILY LAW MATTERS.] Of this 
  4.37  appropriation, $877,000 each year is to 
  4.38  improve the access of low-income 
  4.39  clients to legal representation in 
  4.40  family law matters.  This appropriation 
  4.41  must be distributed under Minnesota 
  4.42  Statutes, section 480.242, to the 
  4.43  qualified legal services programs 
  4.44  described in Minnesota Statutes, 
  4.45  section 480.242, subdivision 2, 
  4.46  paragraph (a).  Any unencumbered 
  4.47  balance remaining in the first year 
  4.48  does not cancel and is available in the 
  4.49  second year. 
  4.50  Sec. 3.  COURT OF APPEALS              8,189,000      8,189,000 
  4.51  Sec. 4.  TRIAL COURTS                231,362,000    232,951,000 
  4.52  Sec. 5.  TAX COURT                       726,000        726,000 
  4.53  Sec. 6.  UNIFORM LAWS COMMISSION          51,000         45,000 
  4.54  [MEMBERSHIP DUES OWED.] $12,000 the 
  4.55  first year and $6,000 the second year 
  4.56  are for membership dues owed by the 
  4.57  uniform laws commission.  This is a 
  4.58  onetime appropriation. 
  5.1   Sec. 7.  BOARD ON JUDICIAL  
  5.2   STANDARDS                                277,000        277,000 
  5.3   Of this amount, $50,000 is a onetime 
  5.4   appropriation. 
  5.5   Sec. 8.  BOARD OF PUBLIC DEFENSE      59,857,000     63,112,000 
  5.6   Sec. 9.  PUBLIC SAFETY                                          
  5.7   Subdivision 1.  Total
  5.8   Appropriation                        124,020,000    114,506,000
  5.9                 Summary by Fund
  5.10  General              79,328,000    79,444,000
  5.11  Special Revenue         590,000       589,000
  5.12  State Government 
  5.13  Special Revenue      43,662,000    34,062,000
  5.14  Environmental            49,000        49,000
  5.15  Trunk Highway           391,000       362,000
  5.16  [APPROPRIATIONS FOR PROGRAMS.] The 
  5.17  amounts that may be spent from this 
  5.18  appropriation for each program are 
  5.19  specified in the following subdivisions.
  5.20  Subd. 2.      Emergency Management    2,594,000       2,594,000
  5.21                Summary by Fund
  5.22  General               2,545,000     2,545,000
  5.23  Environmental            49,000        49,000
  5.24  [NONPROFIT AND FAITH-BASED 
  5.25  ORGANIZATIONS; ANTITERRORISM GRANTS.] 
  5.26  Unless otherwise prohibited by statute, 
  5.27  regulation, or other requirement, 
  5.28  nonprofit and faith-based organizations 
  5.29  may apply for and receive any funds or 
  5.30  grants, whether federal or state, made 
  5.31  available for antiterrorism efforts 
  5.32  that are not distributed or encumbered 
  5.33  for distribution to public safety 
  5.34  entities within a year of receipt by 
  5.35  the Department of Public Safety.  These 
  5.36  organizations must be considered under 
  5.37  the same criteria applicable to any 
  5.38  other eligible entity and must be given 
  5.39  equal consideration. 
  5.40  Subd. 3.  Criminal          
  5.41  Apprehension                          40,713,000     40,717,000 
  5.42                Summary by Fund
  5.43  General              39,905,000    39,910,000
  5.44  Special Revenue         440,000       439,000
  5.45  State Government                            
  5.46  Special Revenue           7,000         7,000
  5.47  Trunk Highway           361,000       361,000
  5.48  [COOPERATIVE INVESTIGATION OF 
  6.1   CROSS-JURISDICTIONAL CRIMINAL 
  6.2   ACTIVITY.] $94,000 the first year and 
  6.3   $93,000 the second year are 
  6.4   appropriated from the Bureau of 
  6.5   Criminal Apprehension account in the 
  6.6   special revenue fund for grants to 
  6.7   local officials for the cooperative 
  6.8   investigation of cross-jurisdictional 
  6.9   criminal activity.  Any unencumbered 
  6.10  balance remaining in the first year 
  6.11  does not cancel but is available for 
  6.12  the second year. 
  6.13  [LABORATORY ACTIVITIES.] $346,000 the 
  6.14  first year and $346,000 the second year 
  6.15  are appropriated from the Bureau of 
  6.16  Criminal Apprehension account in the 
  6.17  special revenue fund for laboratory 
  6.18  activities. 
  6.19  [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 
  6.20  Notwithstanding Minnesota Statutes, 
  6.21  section 161.20, subdivision 3, $361,000 
  6.22  the first year and $361,000 the second 
  6.23  year are appropriated from the trunk 
  6.24  highway fund for laboratory analysis 
  6.25  related to driving-while-impaired cases.
  6.26  [DWI POLICY REFORMS.] $60,000 the first 
  6.27  year and $58,000 the second year are 
  6.28  for costs associated with DWI policy 
  6.29  reforms. 
  6.30  [AUTOMATED FINGERPRINT IDENTIFICATION 
  6.31  SYSTEM.] $1,533,000 the first year and 
  6.32  $2,318,000 the second year are to 
  6.33  replace the automated fingerprint 
  6.34  identification system (AFIS). 
  6.35  [PREDATORY OFFENDER REGISTRATION 
  6.36  SYSTEM.] $1,146,000 the first year and 
  6.37  $564,000 the second year are to upgrade 
  6.38  the predatory offender registration 
  6.39  (POR) system and to increase the 
  6.40  monitoring and tracking of registered 
  6.41  offenders who become noncompliant with 
  6.42  the law. 
  6.43  [CRIMINAL JUSTICE INFORMATION SYSTEMS 
  6.44  (CJIS) AUDIT TRAIL.] $374,000 the first 
  6.45  year and $203,000 the second year are 
  6.46  for the Criminal Justice Information 
  6.47  Systems (CJIS) audit trail. 
  6.48  [DNA ANALYSIS OF FELON OFFENDERS.] 
  6.49  $857,000 the first year and $869,000 
  6.50  the second year are to fund the 
  6.51  analyses of biological samples from 
  6.52  felon offenders. 
  6.53  [LIVESCAN.] $66,000 the first year and 
  6.54  $69,000 the second year are to fund the 
  6.55  ongoing costs of Livescan. 
  6.56  [METHAMPHETAMINE.] $1,000,000 the first 
  6.57  year and $1,000,000 the second year are 
  6.58  to fund ten new special agent positions 
  6.59  for methamphetamine drug enforcement 
  6.60  activities.  
  6.61  $40,000 the first year is a onetime 
  7.1   appropriation for a methamphetamine 
  7.2   awareness program. 
  7.3   Subd. 4.  Fire Marshal                 2,445,000      2,432,000 
  7.4   Subd. 5.  Alcohol and       
  7.5   Gambling Enforcement                   1,772,000      1,772,000 
  7.6                 Summary by Fund
  7.7   General               1,622,000     1,622,000
  7.8   Special Revenue         150,000       150,000
  7.9   Subd. 6.  Office of         
  7.10  Justice Programs                      32,202,000     32,197,000 
  7.11  [GANG AND NARCOTICS STRIKE FORCES.] 
  7.12  $2,374,000 the first year and 
  7.13  $2,374,000 the second year are for 
  7.14  grants to the combined operations of 
  7.15  the Criminal Gang Strike Force and 
  7.16  Narcotics Task Forces. 
  7.17  [CRIME VICTIM ASSISTANCE GRANTS 
  7.18  INCREASE.] $532,000 each year is to 
  7.19  increase the amount of funding for 
  7.20  crime victim assistance grants.  This 
  7.21  funding is to ensure that no one 
  7.22  judicial district receives greater than 
  7.23  a 12 percent overall reduction in state 
  7.24  general funding to serve crime victims 
  7.25  in fiscal years 2006 and 2007 versus 
  7.26  the 2004 allocation. 
  7.27  [FINANCIAL CRIMES TASK FORCE.] $300,000 
  7.28  each year is for the Financial Crimes 
  7.29  Task Force. 
  7.30  [HUMAN TRAFFICKING; ASSESSMENT, POLICY 
  7.31  DEVELOPMENT, AND IMPLEMENTATION.] 
  7.32  $50,000 the first year and $50,000 the 
  7.33  second year are to conduct a study and 
  7.34  assessment of human trafficking and to 
  7.35  implement initiatives to reduce 
  7.36  trafficking and assist victims. 
  7.37  [YOUTH INTERVENTION PROGRAMS.] 
  7.38  $1,952,000 the first year and 
  7.39  $1,952,000 the second year is for youth 
  7.40  intervention programs currently under 
  7.41  Minnesota Statutes, section 116L.30, 
  7.42  but to be transferred to Minnesota 
  7.43  Statutes, section 299A.73.  This money 
  7.44  must be used to help existing programs 
  7.45  serve unmet needs in their communities 
  7.46  and to create new programs in 
  7.47  underserved areas of the state.  Of 
  7.48  this appropriation, $15,000 is 
  7.49  appropriated to the commissioner of 
  7.50  public safety for a onetime grant to 
  7.51  Blue Earth County Riverbend Center for 
  7.52  Entrepreneurial Facilitation.  The base 
  7.53  for this program in fiscal year 2008 
  7.54  and after is $1,452,000.  
  7.55  [ADMINISTRATION COSTS.] Up to 2.5 
  7.56  percent of the grant funds appropriated 
  7.57  in this subdivision may be used to 
  7.58  administer the grant program. 
  8.1   Subd. 7.  911 Emergency 
  8.2   Services/ARMER                        43,655,000     34,055,000 
  8.3   This appropriation is from the state 
  8.4   government special revenue fund for 911 
  8.5   emergency telecommunications services. 
  8.6   Of the receipts from the emergency 
  8.7   telecommunications service fee under 
  8.8   Minnesota Statutes, section 403.11, 
  8.9   above 50 cents per month in fiscal year 
  8.10  2006, up to $6,505,000 of the 
  8.11  appropriation in the first year is for 
  8.12  prior year obligations to telephone 
  8.13  utility companies.  The remainder of 
  8.14  the receipts from the emergency 
  8.15  telecommunications service fee under 
  8.16  Minnesota Statutes, section 403.11, 
  8.17  above 50 cents per month in the first 
  8.18  year are for costs associated with the 
  8.19  Shared Public Safety Radio System and 
  8.20  are available until June 30, 2007. 
  8.21  Subd. 8.  Administration                 609,000        738,000 
  8.22  [PUBLIC SAFETY OFFICERS' HEALTH 
  8.23  INSURANCE.] $609,000 the first year and 
  8.24  $738,000 the second year are for public 
  8.25  safety officers' health insurance.  The 
  8.26  base for fiscal year 2008 is $885,000 
  8.27  and for fiscal year 2009 is $1,053,000. 
  8.28  Subd. 9.  Driver and Vehicle
  8.29  Services                                  31,000          1,000 
  8.30  [GASOLINE THEFT.] This appropriation is 
  8.31  from the trunk highway fund for costs 
  8.32  associated with suspending licenses of 
  8.33  persons who misappropriate gasoline.  
  8.34  Sec. 10.  PEACE OFFICER    
  8.35  STANDARDS AND TRAINING BOARD (POST)    4,154,000      4,051,000 
  8.36  This appropriation is from the peace 
  8.37  officer training account in the special 
  8.38  revenue fund.  Any new receipts 
  8.39  credited to that account in the first 
  8.40  year in excess of $4,154,000 must be 
  8.41  transferred and credited to the general 
  8.42  fund.  Any new receipts credited to 
  8.43  that account in the second year in 
  8.44  excess of $4,051,000 must be 
  8.45  transferred and credited to the general 
  8.46  fund. 
  8.47  [PEACE OFFICER TRAINING REIMBURSEMENT.] 
  8.48  $2,909,000 the first year and 
  8.49  $2,909,000 the second year are for 
  8.50  reimbursements to local governments for 
  8.51  peace officer training costs. 
  8.52  Sec. 11.  PRIVATE DETECTIVE BOARD        178,000        177,000 
  8.53  Sec. 12.  HUMAN RIGHTS                 3,490,000      3,490,000 
  8.54  Sec. 13.  DEPARTMENT OF CORRECTIONS 
  8.55  Subdivision 1.  Total       
  8.56  Appropriation                        404,724,000    420,290,000 
  8.57                Summary by Fund
  9.1   General Fund        403,834,000   419,400,000
  9.2   Special Revenue         890,000       890,000
  9.3   [APPROPRIATIONS FOR PROGRAMS.] The 
  9.4   amounts that may be spent from this 
  9.5   appropriation for each program are 
  9.6   specified in the following subdivisions.
  9.7   Subd. 2.  Correctional      
  9.8   Institutions                         288,043,000    303,358,000 
  9.9                 Summary by Fund
  9.10  General Fund        287,463,000   302,778,000
  9.11  Special Revenue         580,000       580,000
  9.12  [CONTRACTS FOR BEDS AT RUSH CITY.] If 
  9.13  the commissioner contracts with other 
  9.14  states, local units of government, or 
  9.15  the federal government to rent beds in 
  9.16  the Rush City Correctional Facility, 
  9.17  the commissioner shall charge a per 
  9.18  diem under the contract, to the extent 
  9.19  possible, that is equal to or greater 
  9.20  than the per diem cost of housing 
  9.21  Minnesota inmates in the facility. 
  9.22  Subd. 3.  Community Services         101,123,000    101,374,000 
  9.23                Summary by Fund
  9.24  General Fund        101,023,000   101,274,000
  9.25  Special Revenue         100,000       100,100
  9.26  [SEX OFFENDER TRACKING.] $500,000 the 
  9.27  first year is for the acquisition of 
  9.28  bracelets equipped with tracking 
  9.29  devices designed to track and monitor 
  9.30  the movement and location of criminal 
  9.31  offenders.  The commissioner shall use 
  9.32  the bracelets to monitor high-risk sex 
  9.33  offenders who are on supervised release 
  9.34  or probation to help ensure that the 
  9.35  offenders do not violate conditions of 
  9.36  their release or probation. 
  9.37  [METHAMPHETAMINE TREATMENT GRANTS.] 
  9.38  $1,250,000 the first year and 
  9.39  $1,500,000 the second year are for 
  9.40  methamphetamine treatment grants to 
  9.41  counties. 
  9.42  [METHAMPHETAMINE LAW ENFORCEMENT AND 
  9.43  SUPERVISION GRANTS.] $1,250,000 the 
  9.44  first year and $1,500,000 the second 
  9.45  year are for methamphetamine 
  9.46  enforcement and supervision aid grants 
  9.47  to counties. 
  9.48  Subd. 4.  Operations Support          15,558,000     15,558,000 
  9.49  General Fund         15,348,000    15,348,000
  9.50  Special Revenue         210,000       210,000
  9.51  Subd. 5.  Housing and Medical Care 
  9.52  [SHORT-TERM OFFENDERS.] $1,207,000 each 
 10.1   year is appropriated to the 
 10.2   commissioner of corrections for costs 
 10.3   associated with the housing and care of 
 10.4   short-term offenders.  The commissioner 
 10.5   may use up to 20 percent of the total 
 10.6   amount of the appropriation for 
 10.7   inpatient medical care for short-term 
 10.8   offenders with less than six months to 
 10.9   serve as affected by Minnesota 
 10.10  Statutes, section 609.105, as amended 
 10.11  by Laws 2003, First Special Session 
 10.12  chapter 2, article 5, sections 7 to 9.  
 10.13  The commissioner shall establish and 
 10.14  implement policy governing the 
 10.15  admission, housing, medical care, and 
 10.16  release of this population.  All funds 
 10.17  remaining at the end of the fiscal year 
 10.18  not expended for inpatient medical care 
 10.19  shall be added to and distributed with 
 10.20  the housing funds.  These funds shall 
 10.21  be distributed proportionately based on 
 10.22  the total number of days short-term 
 10.23  offenders are placed locally, not to 
 10.24  exceed $70 per day.  Short-term 
 10.25  offenders may be housed in a state 
 10.26  correctional facility at the discretion 
 10.27  of the commissioner.  The Department of 
 10.28  Corrections is exempt from the state 
 10.29  contracting process for the purposes of 
 10.30  Minnesota Statutes, section 609.105, as 
 10.31  amended by Laws 2003, First Special 
 10.32  Session chapter 2, article 5, sections 
 10.33  7 to 9. 
 10.34  Sec. 14.  SENTENCING GUIDELINES          478,000        478,000 
 10.35                             ARTICLE 2 
 10.36                  SEX OFFENDER CRIMINAL PROVISIONS
 10.37     Section 1.  Minnesota Statutes 2004, section 13.851, 
 10.38  subdivision 5, is amended to read: 
 10.39     Subd. 5.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION; 
 10.40  COMMISSIONER OF CORRECTIONS.] Data provided to the county 
 10.41  attorney under section 244.05, subdivision 7, and to the 
 10.42  Minnesota Sex Offender Review Board under section 244.05, 
 10.43  subdivision 5, are governed by that section. 
 10.44     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 10.45     Sec. 2.  Minnesota Statutes 2004, section 244.05, 
 10.46  subdivision 4, is amended to read: 
 10.47     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] (a) An 
 10.48  inmate serving a mandatory life sentence under section 609.106, 
 10.49  609.342, subdivision 2, paragraph (c), or 609.343, subdivision 
 10.50  2, paragraph (c), must not be given supervised release under 
 10.51  this section.  
 10.52     (b) An inmate serving a mandatory life sentence under 
 11.1   section 609.185, clause (1), (3), (5), or (6); or 609.109, 
 11.2   subdivision 2a 3, must not be given supervised release under 
 11.3   this section without having served a minimum term of 30 years.  
 11.4      (c) An inmate serving a mandatory life sentence under 
 11.5   section 609.385 must not be given supervised release under this 
 11.6   section without having served a minimum term of imprisonment of 
 11.7   17 years.  
 11.8      (d) An inmate serving a mandatory life sentence under 
 11.9   section 609.342, subdivision 2, paragraph (b); 609.343, 
 11.10  subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 
 11.11  (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 
 11.12  subdivision 2, paragraph (b), must not be given supervised 
 11.13  release under this section without having served a minimum term 
 11.14  of imprisonment of 20 years.  If the sentencing court imposed a 
 11.15  sentence with a term of imprisonment of more than 20 years, the 
 11.16  inmate may not be given supervised release without having served 
 11.17  that term.  
 11.18     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 11.19  and applies to crimes committed on or after that date. 
 11.20     Sec. 3.  Minnesota Statutes 2004, section 244.05, 
 11.21  subdivision 5, is amended to read: 
 11.22     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
 11.23  commissioner of corrections may, under rules promulgated by the 
 11.24  commissioner, give supervised release to an inmate serving a 
 11.25  mandatory life sentence under section 609.185, clause (1), (3), 
 11.26  (5), or (6); 609.109, subdivision 2a; or 609.385 after the 
 11.27  inmate has served the minimum term of imprisonment specified in 
 11.28  subdivision 4. 
 11.29     (b) The commissioner shall give supervised release to an 
 11.30  inmate serving a mandatory life sentence under section 609.109, 
 11.31  subdivision 3; 609.342, subdivision 2, paragraph (b); 609.343, 
 11.32  subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 
 11.33  (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 
 11.34  subdivision 2, paragraph (b), when directed to do so by the Sex 
 11.35  Offender Review Board under section 244.0515.  
 11.36     (c) The commissioner shall require the preparation of a 
 12.1   community investigation report and shall consider the findings 
 12.2   of the report when making a supervised release decision under 
 12.3   this subdivision.  The report shall reflect the sentiment of the 
 12.4   various elements of the community toward the inmate, both at the 
 12.5   time of the offense and at the present time.  The report shall 
 12.6   include the views of the sentencing judge, the prosecutor, any 
 12.7   law enforcement personnel who may have been involved in the 
 12.8   case, and any successors to these individuals who may have 
 12.9   information relevant to the supervised release decision.  The 
 12.10  report shall also include the views of the victim and the 
 12.11  victim's family unless the victim or the victim's family chooses 
 12.12  not to participate.  The commissioner shall submit the report 
 12.13  required by this paragraph to the Minnesota Sex Offender Review 
 12.14  Board to assist the board in making release decisions under 
 12.15  section 244.0515.  The commissioner also shall give the board, 
 12.16  on request, any and all information the commissioner gathered 
 12.17  for use in compiling the report. 
 12.18     (c) (d) The commissioner shall make reasonable efforts to 
 12.19  notify the victim, in advance, of the time and place of the 
 12.20  inmate's supervised release review hearing.  The victim has a 
 12.21  right to submit an oral or written statement at the review 
 12.22  hearing.  The statement may summarize the harm suffered by the 
 12.23  victim as a result of the crime and give the victim's 
 12.24  recommendation on whether the inmate should be given supervised 
 12.25  release at this time.  The commissioner must consider the 
 12.26  victim's statement when making the supervised release decision. 
 12.27     (d) (e) As used in this subdivision, "victim" means the 
 12.28  individual who suffered harm as a result of the inmate's crime 
 12.29  or, if the individual is deceased, the deceased's surviving 
 12.30  spouse or next of kin. 
 12.31     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 12.32  and applies to crimes committed on or after that date. 
 12.33     Sec. 4.  Minnesota Statutes 2004, section 609.108, 
 12.34  subdivision 3, is amended to read: 
 12.35     Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
 12.36  violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
 13.1   609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
 13.2   609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
 13.3   or 609.582, subdivision 1.  As used in this section, "predatory 
 13.4   crime" has the meaning given in section 609.341, subdivision 24. 
 13.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 13.6   and applies to crimes committed on or after that date. 
 13.7      Sec. 5.  Minnesota Statutes 2004, section 609.108, 
 13.8   subdivision 4, is amended to read: 
 13.9      Subd. 4.  [DANGER TO PUBLIC SAFETY.] The court fact finder 
 13.10  shall base its finding that the offender is a danger to public 
 13.11  safety on any of the following factors: 
 13.12     (1) the crime involved an aggravating factor that would 
 13.13  justify a durational departure from the presumptive sentence 
 13.14  under the Sentencing Guidelines; 
 13.15     (2) the offender previously committed or attempted to 
 13.16  commit a predatory crime or a violation of section 609.224 or 
 13.17  609.2242, including: 
 13.18     (i) an offense committed as a juvenile that would have been 
 13.19  a predatory crime or a violation of section 609.224 or 609.2242 
 13.20  if committed by an adult; or 
 13.21     (ii) a violation or attempted violation of a similar law of 
 13.22  any other state or the United States; or 
 13.23     (3) the offender planned or prepared for the crime prior to 
 13.24  its commission. 
 13.25     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 13.26  and applies to crimes committed on or after that date.  
 13.27     Sec. 6.  Minnesota Statutes 2004, section 609.109, 
 13.28  subdivision 3, is amended to read: 
 13.29     Subd. 3.  [MANDATORY LIFE SENTENCE.] (a) The court shall 
 13.30  sentence a person to imprisonment for life, notwithstanding the 
 13.31  statutory maximum sentence under section 609.342, if: 
 13.32     (1) the person has been indicted by a grand jury under this 
 13.33  subdivision; 
 13.34     (2) the person is convicted under section 609.342; and 
 13.35     (3) the court determines on the record at the time of 
 13.36  sentencing that any of the following circumstances exists: 
 14.1      (i) the person has previously been sentenced under section 
 14.2   609.1095; 
 14.3      (ii) the person has one previous sex offense conviction for 
 14.4   a violation of section 609.342, 609.343, or 609.344 that 
 14.5   occurred before August 1, 1989, for which the person was 
 14.6   sentenced to prison in an upward durational departure from the 
 14.7   Sentencing Guidelines that resulted in a sentence at least twice 
 14.8   as long as the presumptive sentence; or 
 14.9      (iii) the person has two previous sex offense convictions 
 14.10  under section 609.342, 609.343, or 609.344. 
 14.11     (b) Notwithstanding subdivision 2 and section 609.342, 
 14.12  subdivision 3, the court may not stay imposition of the sentence 
 14.13  required by this subdivision. 
 14.14     (c) A person sentenced under this subdivision may only be 
 14.15  granted supervised release as provided for in section 244.05, 
 14.16  subdivision 5, paragraph (b). 
 14.17     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 14.18  and applies to crimes committed on or after that date. 
 14.19     Sec. 7.  Minnesota Statutes 2004, section 609.109, 
 14.20  subdivision 7, is amended to read: 
 14.21     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
 14.22  Notwithstanding the statutory maximum sentence otherwise 
 14.23  applicable to the offense or any provision of the Sentencing 
 14.24  Guidelines, when a court sentences a person to prison for a 
 14.25  violation of section 609.342, 609.343, 609.344, or 609.345, or 
 14.26  609.3453, the court shall provide that after the person has 
 14.27  completed the sentence imposed, the commissioner of corrections 
 14.28  shall place the person on conditional release.  
 14.29     If the person was convicted for a violation of section 
 14.30  609.342, 609.343, 609.344, or 609.345, or 609.3453, the person 
 14.31  shall be placed on conditional release for five ten years, minus 
 14.32  the time the person served on supervised release.  
 14.33     If the person was convicted for a violation of one of those 
 14.34  sections after a previous sex offense conviction as defined in 
 14.35  subdivision 5, or the person shall be placed on conditional 
 14.36  release for the remainder of the person's life.  If the person 
 15.1   was sentenced under subdivision 6 to a mandatory departure, the 
 15.2   person shall be placed on conditional release for ten 15 years, 
 15.3   minus the time the person served on supervised release. 
 15.4      (b) The conditions of release may include successful 
 15.5   completion of treatment and aftercare in a program approved by 
 15.6   the commissioner, satisfaction of the release conditions 
 15.7   specified in section 244.05, subdivision 6, and any other 
 15.8   conditions the commissioner considers appropriate.  If the 
 15.9   offender fails to meet any condition of release, the 
 15.10  commissioner may revoke the offender's conditional release and 
 15.11  order that the offender serve the remaining portion of the 
 15.12  conditional release term in prison.  The commissioner shall not 
 15.13  dismiss the offender from supervision before the conditional 
 15.14  release term expires. 
 15.15     Conditional release under this subdivision is governed by 
 15.16  provisions relating to supervised release, except as otherwise 
 15.17  provided in this subdivision, section 244.04, subdivision 1, or 
 15.18  244.05. 
 15.19     (c) The commissioner shall pay the cost of treatment of a 
 15.20  person released under this subdivision.  This section does not 
 15.21  require the commissioner to accept or retain an offender in a 
 15.22  treatment program. 
 15.23     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 15.24  and applies to crimes committed on or after that date. 
 15.25     Sec. 8.  Minnesota Statutes 2004, section 609.341, 
 15.26  subdivision 14, is amended to read: 
 15.27     Subd. 14.  [COERCION.] "Coercion" means the use by the 
 15.28  actor of words or circumstances that cause the complainant 
 15.29  reasonably to fear that the actor will inflict bodily harm upon, 
 15.30  or hold in confinement, the complainant or another, or force the 
 15.31  use by the actor of confinement, or the use of superior size or 
 15.32  strength, against the complainant that causes the complainant to 
 15.33  submit to sexual penetration or contact, but against the 
 15.34  complainant's will.  Proof of coercion does not require proof of 
 15.35  a specific act or threat. 
 15.36     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 16.1   and applies to crimes committed on or after that date.  
 16.2      Sec. 9.  Minnesota Statutes 2004, section 609.341, is 
 16.3   amended by adding a subdivision to read: 
 16.4      Subd. 22.  [SEX OFFENSE.] Except for section 609.3452, "sex 
 16.5   offense" means any violation of, or attempt to violate, section 
 16.6   609.342 (first degree criminal sexual conduct), 609.343 (second 
 16.7   degree criminal sexual conduct), 609.344 (third degree criminal 
 16.8   sexual conduct), 609.345 (fourth degree criminal sexual 
 16.9   conduct), 609.3451 (fifth degree criminal sexual conduct), 
 16.10  609.3453 (criminal sexual predatory conduct), 609.352 
 16.11  (solicitation of a child to engage in sexual conduct), 617.23 
 16.12  (indecent exposure), 617.246 (use of minors in sexual 
 16.13  performance), 617.247 (possession of pornographic work involving 
 16.14  minors), or any similar statute of the United States or any 
 16.15  other state.  
 16.16     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 16.17  and applies to crimes committed on or after that date. 
 16.18     Sec. 10.  Minnesota Statutes 2004, section 609.341, is 
 16.19  amended by adding a subdivision to read: 
 16.20     Subd. 23.  [SUBSEQUENT SEX OFFENSE.] "Subsequent sex 
 16.21  offense" means a violation of section 609.342 (first degree 
 16.22  criminal sexual conduct), 609.343 (second degree criminal sexual 
 16.23  conduct), 609.344 (third degree criminal sexual conduct), 
 16.24  609.345 (fourth degree criminal sexual conduct), or 609.3453 
 16.25  (criminal sexual predatory conduct) for which the offender is 
 16.26  convicted after the offender has already been convicted or 
 16.27  adjudicated delinquent for the following, involving a separate 
 16.28  behavioral incident, regardless of when the behavioral incidents 
 16.29  occurred: 
 16.30     (1) another felony-level sex offense; 
 16.31     (2) two non-felony-level sex offenses; or 
 16.32     (3) any felony-level predatory crime that the fact finder 
 16.33  determines was motivated by the offender's sexual impulses or 
 16.34  was part of a predatory pattern of behavior that had criminal 
 16.35  sexual conduct as its goal.  
 16.36     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 17.1   and applies to crimes committed on or after that date. 
 17.2      Sec. 11.  Minnesota Statutes 2004, section 609.341, is 
 17.3   amended by adding a subdivision to read: 
 17.4      Subd. 24.  [PREDATORY CRIME.] "Predatory crime" means a 
 17.5   felony violation of section 609.185 (first degree murder), 
 17.6   609.19 (second degree murder), 609.195 (third degree murder), 
 17.7   609.20 (first degree manslaughter), 609.205 (second degree 
 17.8   manslaughter), 609.221 (first degree assault), 609.222 (second 
 17.9   degree assault), 609.223 (third degree assault), 609.24 (simple 
 17.10  robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
 17.11  609.255 (false imprisonment), 609.365 (incest), 609.498 
 17.12  (tampering with a witness), 609.561 (first degree arson), or 
 17.13  609.582, subdivision 1 (first degree burglary).  
 17.14     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 17.15  and applies to crimes committed on or after that date. 
 17.16     Sec. 12.  Minnesota Statutes 2004, section 609.341, is 
 17.17  amended by adding a subdivision to read: 
 17.18     Subd. 25.  [TORTURE.] "Torture" means the intentional 
 17.19  infliction of extreme mental anguish, or extreme psychological 
 17.20  abuse, when committed in an especially depraved manner. 
 17.21     Sec. 13.  Minnesota Statutes 2004, section 609.342, 
 17.22  subdivision 2, is amended to read: 
 17.23     Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
 17.24  in section 609.109 paragraph (b) or (c), or section 609.109, a 
 17.25  person convicted under subdivision 1 may be sentenced to 
 17.26  imprisonment for not more than 30 60 years or to a payment of a 
 17.27  fine of not more than $40,000, or both. 
 17.28     (b) Unless a longer mandatory minimum sentence is otherwise 
 17.29  required by law or the Sentencing Guidelines provide for a 
 17.30  longer presumptive executed sentence, the court shall presume 
 17.31  that an executed sentence of 144 months must be imposed on an 
 17.32  offender convicted of violating this section.  Except as 
 17.33  provided in paragraph (b) or (c), sentencing a person in a 
 17.34  manner other than that described in this paragraph is a 
 17.35  departure from the Sentencing Guidelines.  
 17.36     (b) The court shall sentence a person to imprisonment for 
 18.1   life if:  
 18.2      (1) the person was convicted under subdivision 1, paragraph 
 18.3   (c), (d), (e), (f), or (h); or 
 18.4      (2) the person was convicted under subdivision 1 of a 
 18.5   subsequent sex offense.  
 18.6      Unless a longer mandatory minimum sentence is otherwise 
 18.7   required by law or the Sentencing Guidelines provide for a 
 18.8   longer presumptive executed sentence, and the court imposes this 
 18.9   sentence, the court shall specify a minimum term of imprisonment 
 18.10  of 20 years that must be served before the offender may be 
 18.11  considered for supervised release.  
 18.12     (c) The court shall sentence a person to imprisonment for 
 18.13  life without the possibility of release if the person is 
 18.14  convicted of violating subdivision 1, paragraph (c), (d), (e), 
 18.15  (f), or (h), and the fact finder determines beyond a reasonable 
 18.16  doubt that any of the following circumstances exist:  
 18.17     (1) the offender tortured the complainant; 
 18.18     (2) the offender intentionally inflicted great bodily harm 
 18.19  upon the complainant; 
 18.20     (3) the offender, without the complainant's consent, 
 18.21  removed the complainant from one place to another and did not 
 18.22  release the complainant in a safe place; 
 18.23     (4) the complainant was aged 13 or younger at the time of 
 18.24  the offense; 
 18.25     (5) the complainant was aged 70 or older at the time of the 
 18.26  offense; 
 18.27     (6) the offender was armed with a dangerous weapon or any 
 18.28  article used or fashioned in a manner to lead the complainant to 
 18.29  reasonably believe it to be a dangerous weapon and used or 
 18.30  threatened to use the weapon or article to cause the complainant 
 18.31  to submit; 
 18.32     (7) the charged offense involved sexual penetration or 
 18.33  sexual contact with more than one victim; or 
 18.34     (8) the offense involved more than one perpetrator engaging 
 18.35  in sexual penetration or sexual contact with the complainant.  
 18.36     The fact finder may not consider a circumstance described 
 19.1   in clauses (1) to (8) if it is an element of the underlying 
 19.2   specified violation of subdivision 1.  
 19.3      (d) In addition to the sentence imposed under paragraph 
 19.4   (a), (b), or (c), the person may also be sentenced to the 
 19.5   payment of a fine of not more than $40,000.  
 19.6      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 19.7   and applies to crimes committed on or after that date. 
 19.8      Sec. 14.  Minnesota Statutes 2004, section 609.342, 
 19.9   subdivision 3, is amended to read: 
 19.10     Subd. 3.  [STAY.] Except when imprisonment is required for 
 19.11  a subsequent sex offense or under section 609.109, if a person 
 19.12  is convicted under subdivision 1, clause (g), the court may stay 
 19.13  imposition or execution of the sentence if it finds that: 
 19.14     (a) a stay is in the best interest of the complainant or 
 19.15  the family unit; and 
 19.16     (b) a professional assessment indicates that the offender 
 19.17  has been accepted by and can respond to a treatment program. 
 19.18     If the court stays imposition or execution of sentence, it 
 19.19  shall include the following as conditions of probation: 
 19.20     (1) incarceration in a local jail or workhouse; 
 19.21     (2) a requirement that the offender complete a treatment 
 19.22  program; and 
 19.23     (3) a requirement that the offender have no unsupervised 
 19.24  contact with the complainant until the offender has successfully 
 19.25  completed the treatment program unless approved by the treatment 
 19.26  program and the supervising correctional agent.  
 19.27     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 19.28  and applies to crimes committed on or after that date. 
 19.29     Sec. 15.  Minnesota Statutes 2004, section 609.343, 
 19.30  subdivision 2, is amended to read: 
 19.31     Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
 19.32  in paragraph (b) or (c) or section 609.109, a person convicted 
 19.33  under subdivision 1 may be sentenced to imprisonment for not 
 19.34  more than 25 50 years or to a payment of a fine of not more than 
 19.35  $35,000, or both. 
 19.36     (b) Unless a longer mandatory minimum sentence is otherwise 
 20.1   required by law or the Sentencing Guidelines provide for a 
 20.2   longer presumptive executed sentence, the court shall presume 
 20.3   that an executed sentence of 90 months must be imposed on an 
 20.4   offender convicted of violating subdivision 1, clause (c), (d), 
 20.5   (e), (f), or (h).  Sentencing a person in a manner other than 
 20.6   that described in this paragraph is a departure from the 
 20.7   Sentencing Guidelines.  
 20.8      (b) The court shall sentence a person to imprisonment for 
 20.9   life if:  
 20.10     (1) the person was convicted under subdivision 1, paragraph 
 20.11  (c), (d), (e), (f), or (h); or 
 20.12     (2) the person was convicted under subdivision 1 of a 
 20.13  subsequent sex offense.  
 20.14     Unless a longer mandatory minimum sentence is otherwise 
 20.15  required by law or the Sentencing Guidelines provide for a 
 20.16  longer presumptive executed sentence, and the court imposes this 
 20.17  sentence, the court shall specify a minimum term of imprisonment 
 20.18  of 20 years that must be served before the offender may be 
 20.19  considered for supervised release.  
 20.20     (c) The court shall sentence a person to imprisonment for 
 20.21  life without the possibility of release if the person is 
 20.22  convicted of violating subdivision 1, paragraph (c), (d), (e), 
 20.23  (f), or (h), and the fact finder determines beyond a reasonable 
 20.24  doubt that any of the following circumstances exist:  
 20.25     (1) the offender tortured the complainant; 
 20.26     (2) the offender intentionally inflicted great bodily harm 
 20.27  upon the complainant; 
 20.28     (3) the offender, without the complainant's consent, 
 20.29  removed the complainant from one place to another and did not 
 20.30  release the complainant in a safe place; 
 20.31     (4) the complainant was aged 13 or younger at the time of 
 20.32  the offense; 
 20.33     (5) the complainant was aged 70 or older at the time of the 
 20.34  offense; 
 20.35     (6) the offender was armed with a dangerous weapon or any 
 20.36  article used or fashioned in a manner to lead the complainant to 
 21.1   reasonably believe it to be a dangerous weapon and used or 
 21.2   threatened to use the weapon or article to cause the complainant 
 21.3   to submit; 
 21.4      (7) the charged offense involved sexual penetration or 
 21.5   sexual contact with more than one victim; or 
 21.6      (8) the offense involved more than one perpetrator engaging 
 21.7   in sexual penetration or sexual contact with the complainant.  
 21.8      The fact finder may not consider a circumstance described 
 21.9   in clauses (1) to (8) if it is an element of the underlying 
 21.10  specified violation of subdivision 1.  
 21.11     (d) In addition to the sentence imposed under paragraph 
 21.12  (a), (b), or (c), the person may also be sentenced to the 
 21.13  payment of a fine of not more than $35,000.  
 21.14     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 21.15  and applies to crimes committed on or after that date. 
 21.16     Sec. 16.  Minnesota Statutes 2004, section 609.343, 
 21.17  subdivision 3, is amended to read: 
 21.18     Subd. 3.  [STAY.] Except when imprisonment is required for 
 21.19  a subsequent sex offense or under section 609.109, if a person 
 21.20  is convicted under subdivision 1, clause (g), the court may stay 
 21.21  imposition or execution of the sentence if it finds that: 
 21.22     (a) a stay is in the best interest of the complainant or 
 21.23  the family unit; and 
 21.24     (b) a professional assessment indicates that the offender 
 21.25  has been accepted by and can respond to a treatment program. 
 21.26     If the court stays imposition or execution of sentence, it 
 21.27  shall include the following as conditions of probation: 
 21.28     (1) incarceration in a local jail or workhouse; 
 21.29     (2) a requirement that the offender complete a treatment 
 21.30  program; and 
 21.31     (3) a requirement that the offender have no unsupervised 
 21.32  contact with the complainant until the offender has successfully 
 21.33  completed the treatment program unless approved by the treatment 
 21.34  program and the supervising correctional agent.  
 21.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 21.36  and applies to crimes committed on or after that date. 
 22.1      Sec. 17.  Minnesota Statutes 2004, section 609.344, 
 22.2   subdivision 2, is amended to read: 
 22.3      Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 22.4   paragraph (b), a person convicted under subdivision 1 may be 
 22.5   sentenced to imprisonment for not more than 15 30 years or to a 
 22.6   payment of a fine of not more than $30,000, or both. 
 22.7      (b) A person convicted under subdivision 1 of a subsequent 
 22.8   sex offense shall be sentenced to imprisonment for life.  Unless 
 22.9   a longer mandatory minimum sentence is otherwise required by law 
 22.10  or the Sentencing Guidelines provide for a longer presumptive 
 22.11  executed sentence, and the court imposes this sentence, the 
 22.12  court shall specify a minimum term of imprisonment of 20 years 
 22.13  that must be served before the offender may be considered for 
 22.14  supervised release.  
 22.15     (c) In addition to the sentence imposed under paragraph (a) 
 22.16  or (b), the person may also be sentenced to the payment of a 
 22.17  fine of not more than $30,000.  
 22.18     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 22.19  and applies to crimes committed on or after that date. 
 22.20     Sec. 18.  Minnesota Statutes 2004, section 609.344, 
 22.21  subdivision 3, is amended to read: 
 22.22     Subd. 3.  [STAY.] Except when imprisonment is required 
 22.23  under subdivision 2, paragraph (b), or section 609.109, if a 
 22.24  person is convicted under subdivision 1, clause (f), the court 
 22.25  may stay imposition or execution of the sentence if it finds 
 22.26  that: 
 22.27     (a) a stay is in the best interest of the complainant or 
 22.28  the family unit; and 
 22.29     (b) a professional assessment indicates that the offender 
 22.30  has been accepted by and can respond to a treatment program. 
 22.31     If the court stays imposition or execution of sentence, it 
 22.32  shall include the following as conditions of probation: 
 22.33     (1) incarceration in a local jail or workhouse; 
 22.34     (2) a requirement that the offender complete a treatment 
 22.35  program; and 
 22.36     (3) a requirement that the offender have no unsupervised 
 23.1   contact with the complainant until the offender has successfully 
 23.2   completed the treatment program unless approved by the treatment 
 23.3   program and the supervising correctional agent.  
 23.4      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 23.5   and applies to crimes committed on or after that date. 
 23.6      Sec. 19.  Minnesota Statutes 2004, section 609.345, 
 23.7   subdivision 2, is amended to read: 
 23.8      Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 23.9   paragraph (b), a person convicted under subdivision 1 may be 
 23.10  sentenced to imprisonment for not more than ten 20 years or to a 
 23.11  payment of a fine of not more than $20,000, or both. 
 23.12     (b) A person convicted under subdivision 1 of a subsequent 
 23.13  sex offense shall be sentenced to imprisonment for life.  Unless 
 23.14  a longer mandatory minimum sentence is otherwise required by law 
 23.15  or the Sentencing Guidelines provide for a longer presumptive 
 23.16  executed sentence, and the court imposes this sentence, the 
 23.17  court shall specify a minimum term of imprisonment of 20 years 
 23.18  that must be served before the offender may be considered for 
 23.19  supervised release.  
 23.20     (c) In addition to the sentence imposed under paragraph (a) 
 23.21  or (b), the person may also be sentenced to the payment of a 
 23.22  fine of not more than $20,000.  
 23.23     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 23.24  and applies to crimes committed on or after that date. 
 23.25     Sec. 20.  Minnesota Statutes 2004, section 609.345, 
 23.26  subdivision 3, is amended to read: 
 23.27     Subd. 3.  [STAY.] Except when imprisonment is required 
 23.28  under subdivision 2, paragraph (b), or section 609.109, if a 
 23.29  person is convicted under subdivision 1, clause (f), the court 
 23.30  may stay imposition or execution of the sentence if it finds 
 23.31  that: 
 23.32     (a) a stay is in the best interest of the complainant or 
 23.33  the family unit; and 
 23.34     (b) a professional assessment indicates that the offender 
 23.35  has been accepted by and can respond to a treatment program. 
 23.36     If the court stays imposition or execution of sentence, it 
 24.1   shall include the following as conditions of probation: 
 24.2      (1) incarceration in a local jail or workhouse; 
 24.3      (2) a requirement that the offender complete a treatment 
 24.4   program; and 
 24.5      (3) a requirement that the offender have no unsupervised 
 24.6   contact with the complainant until the offender has successfully 
 24.7   completed the treatment program unless approved by the treatment 
 24.8   program and the supervising correctional agent. 
 24.9      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 24.10  and applies to crimes committed on or after that date. 
 24.11     Sec. 21.  [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.] 
 24.12     Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 24.13  criminal sexual predatory conduct if the person commits a 
 24.14  predatory crime that was motivated by the offender's sexual 
 24.15  impulses or was part of a predatory pattern of behavior that had 
 24.16  criminal sexual conduct as its goal.  
 24.17     Subd. 2.  [PENALTY.] (a) Except as provided in paragraph 
 24.18  (b), a person convicted under subdivision 1 may be sentenced to 
 24.19  imprisonment for a minimum of 15 years or twice the statutory 
 24.20  maximum for the underlying predatory crime, whichever is longer. 
 24.21     (b) A person convicted under subdivision 1 of a subsequent 
 24.22  sex offense shall be sentenced to imprisonment for life.  Unless 
 24.23  a longer mandatory minimum sentence is otherwise required by law 
 24.24  or the Sentencing Guidelines provide for a longer presumptive 
 24.25  executed sentence, and the court imposes this sentence, the 
 24.26  court shall specify a minimum term of imprisonment of 20 years 
 24.27  that must be served before the offender may be considered for 
 24.28  supervised release.  
 24.29     (c) In addition to the sentence imposed under paragraph (a) 
 24.30  or (b), the person may also be sentenced to the payment of a 
 24.31  fine of not more than $20,000.  
 24.32     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 24.33  and applies to crimes committed on or after that date. 
 24.34     Sec. 22.  Minnesota Statutes 2004, section 609.748, 
 24.35  subdivision 2, is amended to read: 
 24.36     Subd. 2.  [RESTRAINING ORDER; JURISDICTION.] A person who 
 25.1   is a victim of harassment may seek a restraining order from the 
 25.2   district court in the manner provided in this section.  The 
 25.3   parent or, guardian, or stepparent of a minor who is a victim of 
 25.4   harassment may seek a restraining order from the district court 
 25.5   on behalf of the minor.  
 25.6      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 25.7   and applies to crimes committed on or after that date.  
 25.8      Sec. 23.  Minnesota Statutes 2004, section 609.748, 
 25.9   subdivision 3a, is amended to read: 
 25.10     Subd. 3a.  [FILING FEE; COST OF SERVICE.] The filing fees 
 25.11  for a restraining order under this section are waived for the 
 25.12  petitioner if the petition alleges acts that would constitute a 
 25.13  violation of section 609.749, subdivision 2 or 3, or sections 
 25.14  609.342 to 609.3451.  The court administrator and the sheriff of 
 25.15  any county in this state shall perform their duties relating to 
 25.16  service of process without charge to the petitioner.  The court 
 25.17  shall direct payment of the reasonable costs of service of 
 25.18  process if served by a private process server when the sheriff 
 25.19  is unavailable or if service is made by publication.  The court 
 25.20  may direct a respondent to pay to the court administrator the 
 25.21  petitioner's filing fees and reasonable costs of service of 
 25.22  process if the court determines that the respondent has the 
 25.23  ability to pay the petitioner's fees and costs. 
 25.24     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 25.25  and applies to crimes committed on or after that date.  
 25.26     Sec. 24.  Minnesota Statutes 2004, section 609.749, 
 25.27  subdivision 2, is amended to read: 
 25.28     Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
 25.29  who harasses another by committing any of the following acts is 
 25.30  guilty of a gross misdemeanor: 
 25.31     (1) directly or indirectly manifests a purpose or intent to 
 25.32  injure the person, property, or rights of another by the 
 25.33  commission of an unlawful act; 
 25.34     (2) stalks, follows, monitors, or pursues another, whether 
 25.35  in person or through technological or other means; 
 25.36     (3) returns to the property of another if the actor is 
 26.1   without claim of right to the property or consent of one with 
 26.2   authority to consent; 
 26.3      (4) repeatedly makes telephone calls, or induces a victim 
 26.4   to make telephone calls to the actor, whether or not 
 26.5   conversation ensues; 
 26.6      (5) makes or causes the telephone of another repeatedly or 
 26.7   continuously to ring; 
 26.8      (6) repeatedly mails or delivers or causes the delivery by 
 26.9   any means, including electronically, of letters, telegrams, 
 26.10  messages, packages, or other objects; or 
 26.11     (7) knowingly makes false allegations against a peace 
 26.12  officer concerning the officer's performance of official duties 
 26.13  with intent to influence or tamper with the officer's 
 26.14  performance of official duties. 
 26.15     (b) The conduct described in paragraph (a), clauses (4) and 
 26.16  (5), may be prosecuted at the place where any call is either 
 26.17  made or received or, additionally in the case of wireless or 
 26.18  electronic communication, where the actor or victim resides.  
 26.19  The conduct described in paragraph (a), clause (2), may be 
 26.20  prosecuted where the actor or victim resides.  The conduct 
 26.21  described in paragraph (a), clause (6), may be prosecuted where 
 26.22  any letter, telegram, message, package, or other object is 
 26.23  either sent or received or, additionally in the case of wireless 
 26.24  or electronic communication, where the actor or victim resides. 
 26.25     (c) A peace officer may not make a warrantless, custodial 
 26.26  arrest of any person for a violation of paragraph (a), clause 
 26.27  (7). 
 26.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 26.29  and applies to crimes committed on or after that date.  
 26.30     Sec. 25.  Minnesota Statutes 2004, section 609.79, 
 26.31  subdivision 2, is amended to read: 
 26.32     Subd. 2.  [VENUE.] The offense may be prosecuted either at 
 26.33  the place where the call is made or where it is received or, 
 26.34  additionally in the case of wireless or electronic 
 26.35  communication, where the sender or receiver resides.  
 26.36     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 27.1   and applies to crimes committed on or after that date.  
 27.2      Sec. 26.  Minnesota Statutes 2004, section 609.795, is 
 27.3   amended by adding a subdivision to read: 
 27.4      Subd. 3.  [VENUE.] The offense may be prosecuted either at 
 27.5   the place where the letter, telegram, or package is sent or 
 27.6   received or, alternatively in the case of wireless electronic 
 27.7   communication, where the sender or receiver resides. 
 27.8      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 27.9   and applies to crimes committed on or after that date.  
 27.10     Sec. 27.  [SENTENCING GUIDELINES; CHANGES MANDATED.] 
 27.11     (a) The Sentencing Guidelines Commission shall modify the 
 27.12  Sentencing Guidelines, including the guidelines grid, to reflect 
 27.13  the changes made in this act.  
 27.14     (b) The commission shall make the sex offender-related 
 27.15  modifications to the guidelines and grid proposed in the 
 27.16  commission's January 2005 report to the legislature, including 
 27.17  creating a separate sex offender grid, and changing the method 
 27.18  used to calculate the weights assigned to sex offenses when 
 27.19  calculating an offender's criminal history.  However, the 
 27.20  commission shall adapt the proposed modifications to reflect the 
 27.21  restructuring of sex offense sentences under this article.  
 27.22     (c) Modifications made by the commission under this section 
 27.23  take effect August 1, 2005.  
 27.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 27.25  following final enactment.  
 27.26     Sec. 28.  [REPEALER.] 
 27.27     Minnesota Statutes 2004, sections 609.108, subdivision 2, 
 27.28  and 609.109, subdivisions 2, 4, and 6, are repealed. 
 27.29     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 27.30  and applies to crimes committed on or after that date. 
 27.31                             ARTICLE 3
 27.32               SEX OFFENDER POLICY AND REVIEW BOARDS 
 27.33     Section 1.  Minnesota Statutes 2004, section 13.851, is 
 27.34  amended by adding a subdivision to read: 
 27.35     Subd. 9.  [PREDATORY OFFENDERS; MINNESOTA SEX OFFENDER 
 27.36  REVIEW BOARD.] Certain data classified under this chapter are 
 28.1   made accessible to the Minnesota Sex Offender Review Board under 
 28.2   section 244.0515. 
 28.3      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 28.4      Sec. 2.  Minnesota Statutes 2004, section 13D.05, 
 28.5   subdivision 2, is amended to read: 
 28.6      Subd. 2.  [WHEN MEETING MUST BE CLOSED.] (a) Any portion of 
 28.7   a meeting must be closed if expressly required by other law or 
 28.8   if the following types of data are discussed: 
 28.9      (1) data that would identify alleged victims or reporters 
 28.10  of criminal sexual conduct, domestic abuse, or maltreatment of 
 28.11  minors or vulnerable adults; 
 28.12     (2) active investigative data as defined in section 13.82, 
 28.13  subdivision 7, or internal affairs data relating to allegations 
 28.14  of law enforcement personnel misconduct collected or created by 
 28.15  a state agency, statewide system, or political subdivision; or 
 28.16     (3) educational data, health data, medical data, welfare 
 28.17  data, or mental health data that are not public data under 
 28.18  section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, 
 28.19  subdivision 2 or 7.  
 28.20     (b) A public body shall close one or more meetings for 
 28.21  preliminary consideration of allegations or charges against an 
 28.22  individual subject to its authority.  If the members conclude 
 28.23  that discipline of any nature may be warranted as a result of 
 28.24  those specific charges or allegations, further meetings or 
 28.25  hearings relating to those specific charges or allegations held 
 28.26  after that conclusion is reached must be open.  A meeting must 
 28.27  also be open at the request of the individual who is the subject 
 28.28  of the meeting.  
 28.29     (c) The Minnesota Sex Offender Review Board authorized by 
 28.30  section 244.0515 must close a meeting to deliberate whether an 
 28.31  inmate's petition meets the criteria for release established by 
 28.32  the board.  The board must identify the inmate whose petition 
 28.33  will be deliberated.  At its next open meeting, the board shall 
 28.34  summarize its deliberations regarding the inmate's petition. 
 28.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 28.36     Sec. 3.  [243.168] [SEX OFFENDER POLICY BOARD; 
 29.1   ESTABLISHMENT; MEMBERSHIP; REPORTS.] 
 29.2      Subdivision 1.  [ESTABLISHMENT.] A Sex Offender Policy 
 29.3   Board is established to develop professional standards for 
 29.4   treatment of sex offenders, including uniform supervision and 
 29.5   treatment guidelines. 
 29.6      (a) The governor shall appoint a Sex Offender Policy Board 
 29.7   to serve in an advisory capacity to the governor.  The governor 
 29.8   shall appoint to the board five professionals with relevant and 
 29.9   complimentary experience in treatment, law enforcement, sex 
 29.10  offender assessment, and sex offender management. 
 29.11     (b) Members of the board appointed by the governor serve at 
 29.12  the pleasure of the governor and their terms end with the term 
 29.13  of the governor.  Members of the board serve without 
 29.14  compensation but may be reimbursed for reasonable expenses as 
 29.15  determined by the commissioner of corrections.  Notwithstanding 
 29.16  section 15.059, the board does not expire until repealed by law. 
 29.17     Subd. 2.  [REPORTS TO LEGISLATURE.] The board must submit 
 29.18  reports to the legislature on the professional standards for 
 29.19  treatment of sex offenders, including uniform supervision and 
 29.20  treatment guidelines. 
 29.21     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 29.22     Sec. 4.  [244.0515] [MINNESOTA SEX OFFENDER REVIEW BOARD.] 
 29.23     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 29.24  following terms have the meanings given:  
 29.25     (1) "board" means the Minnesota Sex Offender Review Board; 
 29.26  and 
 29.27     (2) "commissioner" means the commissioner of corrections. 
 29.28     Subd. 2.  [RESPONSIBILITIES.] The board is responsible for 
 29.29  making decisions regarding the release of inmates sentenced to 
 29.30  life sentences under section 609.342, subdivision 2, paragraph 
 29.31  (b); 609.343, subdivision 2, paragraph (b); 609.344, subdivision 
 29.32  2, paragraph (b); 609.345, subdivision 2, paragraph (b); or 
 29.33  609.3453, subdivision 2, paragraph (b).  
 29.34     Subd. 3.  [EXEMPTION FROM CHAPTER 14.] (a) For the purposes 
 29.35  of this section and except as provided in paragraph (b), the 
 29.36  board and the commissioner are not subject to chapter 14. 
 30.1      (b) The board and the commissioner may adopt rules under 
 30.2   section 14.389 to implement this section. 
 30.3      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 30.4      Sec. 5.  [DIRECTION TO COMMISSIONER OF CORRECTIONS.] 
 30.5      (a) The commissioner of corrections shall establish 
 30.6   criteria and procedures for the Minnesota Sex Offender Review 
 30.7   Board established under Minnesota Statutes, section 244.0515.  
 30.8   The commissioner shall develop recommendations for the 
 30.9   composition, duties, procedures, and review criteria for release 
 30.10  of sex offenders.  The proposed procedures and review criteria 
 30.11  shall be for use by the board in making release and revocation 
 30.12  decisions on offenders sentenced under Minnesota Statutes, 
 30.13  section 609.342, subdivision 2, paragraph (b); 609.343, 
 30.14  subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 
 30.15  (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 
 30.16  subdivision 2, paragraph (b).  In establishing criteria and 
 30.17  procedures, the commissioner shall seek the input of the 
 30.18  end-of-confinement review committee at each state correctional 
 30.19  facility and at each state treatment facility where predatory 
 30.20  offenders are confined.  The commissioner also shall seek input 
 30.21  from individuals knowledgeable in health and human services; 
 30.22  public safety; Minnesota's sex offender treatment program; 
 30.23  treatment of sex offenders; crime victim issues; criminal law; 
 30.24  sentencing guidelines; law enforcement; and probation, 
 30.25  supervised release, and conditional release.  
 30.26     (b) By December 15, 2005, the commissioner shall submit a 
 30.27  written report to the legislature containing proposed 
 30.28  composition, duties, procedures, and review criteria of the 
 30.29  Minnesota Sex Offender Board.  This report also must include a 
 30.30  summary of the input gathered under paragraph (a).  
 30.31     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 30.32  following final enactment. 
 30.33     Sec. 6.  [SUPREME COURT TASK FORCE; STUDY REQUIRED.] 
 30.34     Subdivision 1.  [ESTABLISHMENT.] The Minnesota Supreme 
 30.35  Court is requested to establish a task force to study the use of 
 30.36  the court system as an alternative to the administrative process 
 31.1   of the special review board for reductions in custody and 
 31.2   discharge from commitment of those persons committed as a 
 31.3   sexually dangerous person or sexual psychopathic personality 
 31.4   under Minnesota Statutes, section 253B.185. 
 31.5      Subd. 2.  [MEMBERSHIP.] The task force shall consist of the 
 31.6   following: 
 31.7      (1) a representative from the Supreme Court; 
 31.8      (2) a court administrator; 
 31.9      (3) a district court judge; 
 31.10     (4) a county attorney selected by the county attorney's 
 31.11  association; 
 31.12     (5) a representative from the attorney general's office; 
 31.13     (6) the Ombudsman for Mental Health and Mental Retardation; 
 31.14     (7) a law enforcement representative; 
 31.15     (8) a county case manager; 
 31.16     (9) a victim services representative; 
 31.17     (10) a person experienced in treating sex offenders; 
 31.18     (11) a defense attorney; 
 31.19     (12) the commissioner of human services or designee; 
 31.20     (13) the state-operated services forensic medical director 
 31.21  or designee; 
 31.22     (14) the commissioner of corrections or designee; 
 31.23     (15) a representative from community corrections; 
 31.24     (16) a member of the special review board; and 
 31.25     (17) any other persons deemed necessary by the Minnesota 
 31.26  Supreme Court. 
 31.27     Subd. 3.  [RECOMMENDATIONS.] The task force shall be 
 31.28  convened no later than August 1, 2005.  The task force shall 
 31.29  examine current law and practices relating to the reduction in 
 31.30  custody and discharge of persons committed as a sexually 
 31.31  dangerous person or sexual psychopathic personality.  The task 
 31.32  forces shall examine the laws of other jurisdictions and shall 
 31.33  make recommendations regarding reduction in custody and 
 31.34  discharge procedures and release criteria.  The recommendations 
 31.35  may suggest the establishment of a judicial process rather than 
 31.36  the special review board to authorize a reduction in custody or 
 32.1   discharge. 
 32.2      Subd. 4.  [REPORT.] The task force shall report to the 
 32.3   chairs of the house Public Safety Policy and Finance Committee 
 32.4   and the senate Crime Prevention and Public Safety Committee with 
 32.5   recommendations by December 15, 2005. 
 32.6                              ARTICLE 4 
 32.7                     PREDATORY OFFENDER REGISTRY
 32.8      Section 1.  Minnesota Statutes 2004, section 13.82, is 
 32.9   amended by adding a subdivision to read: 
 32.10     Subd. 28.  [DISCLOSURE OF SEX OFFENDER REGISTRANT STATUS.] 
 32.11  Law enforcement agency disclosure to health facilities of the 
 32.12  registrant status of a registered sex offender is governed by 
 32.13  section 244.052. 
 32.14     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 32.15     Sec. 2.  Minnesota Statutes 2004, section 144A.135, is 
 32.16  amended to read: 
 32.17     144A.135 [TRANSFER AND DISCHARGE APPEALS.] 
 32.18     (a) The commissioner shall establish a mechanism for 
 32.19  hearing appeals on transfers and discharges of residents by 
 32.20  nursing homes or boarding care homes licensed by the 
 32.21  commissioner.  The commissioner may adopt permanent rules to 
 32.22  implement this section. 
 32.23     (b) Until federal regulations are adopted under sections 
 32.24  1819(f)(3) and 1919(f)(3) of the Social Security Act that govern 
 32.25  appeals of the discharges or transfers of residents from nursing 
 32.26  homes and boarding care homes certified for participation in 
 32.27  Medicare or medical assistance, the commissioner shall provide 
 32.28  hearings under sections 14.57 to 14.62 and the rules adopted by 
 32.29  the Office of Administrative Hearings governing contested 
 32.30  cases.  To appeal the discharge or transfer, or notification of 
 32.31  an intended discharge or transfer, a resident or the resident's 
 32.32  representative must request a hearing in writing no later than 
 32.33  30 days after receiving written notice, which conforms to state 
 32.34  and federal law, of the intended discharge or transfer.  
 32.35     (c) Hearings under this section shall be held no later than 
 32.36  14 days after receipt of the request for hearing, unless 
 33.1   impractical to do so or unless the parties agree otherwise.  
 33.2   Hearings shall be held in the facility in which the resident 
 33.3   resides, unless impractical to do so or unless the parties agree 
 33.4   otherwise. 
 33.5      (d) A resident who timely appeals a notice of discharge or 
 33.6   transfer, and who resides in a certified nursing home or 
 33.7   boarding care home, may not be discharged or transferred by the 
 33.8   nursing home or boarding care home until resolution of the 
 33.9   appeal.  The commissioner can order the facility to readmit the 
 33.10  resident if the discharge or transfer was in violation of state 
 33.11  or federal law.  If the resident is required to be hospitalized 
 33.12  for medical necessity before resolution of the appeal, the 
 33.13  facility shall readmit the resident unless the resident's 
 33.14  attending physician documents, in writing, why the resident's 
 33.15  specific health care needs cannot be met in the facility. 
 33.16     (e) The commissioner and Office of Administrative Hearings 
 33.17  shall conduct the hearings in compliance with the federal 
 33.18  regulations described in paragraph (b), when adopted.  
 33.19     (f) Nothing in this section limits the right of a resident 
 33.20  or the resident's representative to request or receive 
 33.21  assistance from the Office of Ombudsman for Older Minnesotans or 
 33.22  the Office of Health Facility Complaints with respect to an 
 33.23  intended discharge or transfer. 
 33.24     (g) A person required to inform a health care facility of 
 33.25  the person's status as a registered sex offender under section 
 33.26  243.166, subdivision 4b, who knowingly fails to do so shall be 
 33.27  deemed to have endangered the safety of individuals in the 
 33.28  facility under Code of Federal Regulations, chapter 42, section 
 33.29  483.12.  Notwithstanding paragraph (d), any appeal of the notice 
 33.30  and discharge shall not constitute a stay of the discharge. 
 33.31     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 33.32     Sec. 3.  Minnesota Statutes 2004, section 243.166, is 
 33.33  amended to read: 
 33.34     243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 
 33.35     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 33.36  register under this section if:  
 34.1      (1) the person was charged with or petitioned for a felony 
 34.2   violation of or attempt to violate any of the following, and 
 34.3   convicted of or adjudicated delinquent for that offense or 
 34.4   another offense arising out of the same set of circumstances: 
 34.5      (i) murder under section 609.185, clause (2); or 
 34.6      (ii) kidnapping under section 609.25; or 
 34.7      (iii) criminal sexual conduct under section 609.342; 
 34.8   609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
 34.9      (iv) indecent exposure under section 617.23, subdivision 3; 
 34.10  or 
 34.11     (2) the person was charged with or petitioned for falsely 
 34.12  imprisoning a minor in violation of section 609.255, subdivision 
 34.13  2; soliciting a minor to engage in prostitution in violation of 
 34.14  section 609.322 or 609.324; soliciting a minor to engage in 
 34.15  sexual conduct in violation of section 609.352; using a minor in 
 34.16  a sexual performance in violation of section 617.246; or 
 34.17  possessing pornographic work involving a minor in violation of 
 34.18  section 617.247, and convicted of or adjudicated delinquent for 
 34.19  that offense or another offense arising out of the same set of 
 34.20  circumstances; or 
 34.21     (3) the person was convicted of a predatory crime as 
 34.22  defined in section 609.108, and the offender was sentenced as a 
 34.23  patterned sex offender or the court found on its own motion or 
 34.24  that of the prosecutor that the crime was part of a predatory 
 34.25  pattern of behavior that had criminal sexual conduct as its 
 34.26  goal; or 
 34.27     (4) the person was convicted of or adjudicated delinquent 
 34.28  for, including pursuant to a court martial, violating a law of 
 34.29  the United States, including the Uniform Code of Military 
 34.30  Justice, similar to the offenses described in clause (1), (2), 
 34.31  or (3). 
 34.32     (b) A person also shall register under this section if: 
 34.33     (1) the person was convicted of or adjudicated delinquent 
 34.34  in another state for an offense that would be a violation of a 
 34.35  law described in paragraph (a) if committed in this state; 
 34.36     (2) the person enters the state to reside, or to work or 
 35.1   attend school; and 
 35.2      (3) ten years have not elapsed since the person was 
 35.3   released from confinement or, if the person was not confined, 
 35.4   since the person was convicted of or adjudicated delinquent for 
 35.5   the offense that triggers registration, unless the person is 
 35.6   subject to lifetime registration, in which case the person must 
 35.7   register for life regardless of when the person was released 
 35.8   from confinement, convicted, or adjudicated delinquent. 
 35.9   For purposes of this paragraph: 
 35.10     (i) "school" includes any public or private educational 
 35.11  institution, including any secondary school, trade or 
 35.12  professional institution, or institution of higher education, 
 35.13  that the person is enrolled in on a full-time or part-time 
 35.14  basis; and 
 35.15     (ii) "work" includes employment that is full time or part 
 35.16  time for a period of time exceeding 14 days or for an aggregate 
 35.17  period of time exceeding 30 days during any calendar year, 
 35.18  whether financially compensated, volunteered, or for the purpose 
 35.19  of government or educational benefit. 
 35.20     (c) A person also shall register under this section if the 
 35.21  person was committed pursuant to a court commitment order under 
 35.22  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 35.23  a similar law of another state or the United States, regardless 
 35.24  of whether the person was convicted of any offense. 
 35.25     (d) A person also shall register under this section if: 
 35.26     (1) the person was charged with or petitioned for a felony 
 35.27  violation or attempt to violate any of the offenses listed in 
 35.28  paragraph (a), clause (1), or a similar law of another state or 
 35.29  the United States, or the person was charged with or petitioned 
 35.30  for a violation of any of the offenses listed in paragraph (a), 
 35.31  clause (2), or a similar law of another state or the United 
 35.32  States; 
 35.33     (2) the person was found not guilty by reason of mental 
 35.34  illness or mental deficiency after a trial for that offense, or 
 35.35  found guilty but mentally ill after a trial for that offense, in 
 35.36  states with a guilty but mentally ill verdict; and 
 36.1      (3) the person was committed pursuant to a court commitment 
 36.2   order under section 253B.18 or a similar law of another state or 
 36.3   the United States. 
 36.4      Subd. 1a.  [DEFINITIONS.] (a) As used in this section, 
 36.5   unless the context clearly indicates otherwise, the following 
 36.6   terms have the meanings given them. 
 36.7      (b) "Bureau" means the Bureau of Criminal Apprehension.  
 36.8      (c) "Dwelling" means the building where the person lives 
 36.9   under a formal or informal agreement to do so.  
 36.10     (d) "Incarceration" and "confinement" do not include 
 36.11  electronic home monitoring.  
 36.12     (e) "Law enforcement authority" or "authority" means, with 
 36.13  respect to a home rule charter or statutory city, the chief of 
 36.14  police, and with respect to an unincorporated area, the county 
 36.15  sheriff. 
 36.16     (f) "Motor vehicle" has the meaning given in section 
 36.17  169.01, subdivision 2. 
 36.18     (g) "Primary address" means the mailing address of the 
 36.19  person's dwelling.  If the mailing address is different from the 
 36.20  actual location of the dwelling, primary address also includes 
 36.21  the physical location of the dwelling described with as much 
 36.22  specificity as possible. 
 36.23     (h) "School" includes any public or private educational 
 36.24  institution, including any secondary school, trade, or 
 36.25  professional institution, or institution of higher education, 
 36.26  that the person is enrolled in on a full-time or part-time basis.
 36.27     (i) "Secondary address" means the mailing address of any 
 36.28  place where the person regularly or occasionally stays overnight 
 36.29  when not staying at the person's primary address.  If the 
 36.30  mailing address is different from the actual location of the 
 36.31  place, secondary address also includes the physical location of 
 36.32  the place described with as much specificity as possible. 
 36.33     (j) "Treatment facility" means a residential facility, as 
 36.34  defined in section 244.052, subdivision 1, and residential 
 36.35  chemical dependency treatment programs and halfway houses 
 36.36  licensed under chapter 245A, including, but not limited to, 
 37.1   those facilities directly or indirectly assisted by any 
 37.2   department or agency of the United States. 
 37.3      (k) "Work" includes employment that is full time or part 
 37.4   time for a period of time exceeding 14 days or for an aggregate 
 37.5   period of time exceeding 30 days during any calendar year, 
 37.6   whether financially compensated, volunteered, or for the purpose 
 37.7   of government or educational benefit. 
 37.8      Subd. 1b.  [REGISTRATION REQUIRED.] (a) A person shall 
 37.9   register under this section if: 
 37.10     (1) the person was charged with or petitioned for a felony 
 37.11  violation of or attempt to violate, or aiding, abetting, or 
 37.12  conspiracy to commit, any of the following, and convicted of or 
 37.13  adjudicated delinquent for that offense or another offense 
 37.14  arising out of the same set of circumstances: 
 37.15     (i) murder under section 609.185, clause (2); 
 37.16     (ii) kidnapping under section 609.25; 
 37.17     (iii) criminal sexual conduct under section 609.342; 
 37.18  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
 37.19     (iv) indecent exposure under section 617.23, subdivision 3; 
 37.20     (2) the person was charged with or petitioned for a 
 37.21  violation of, or attempt to violate, or aiding, abetting, or 
 37.22  conspiracy to commit false imprisonment in violation of section 
 37.23  609.255, subdivision 2; soliciting a minor to engage in 
 37.24  prostitution in violation of section 609.322 or 609.324; 
 37.25  soliciting a minor to engage in sexual conduct in violation of 
 37.26  section 609.352; using a minor in a sexual performance in 
 37.27  violation of section 617.246; or possessing pornographic work 
 37.28  involving a minor in violation of section 617.247, and convicted 
 37.29  of or adjudicated delinquent for that offense or another offense 
 37.30  arising out of the same set of circumstances; 
 37.31     (3) the person was sentenced as a patterned sex offender 
 37.32  under section 609.108; or 
 37.33     (4) the person was convicted of or adjudicated delinquent 
 37.34  for, including pursuant to a court martial, violating a law of 
 37.35  the United States, including the Uniform Code of Military 
 37.36  Justice, similar to the offenses described in clause (1), (2), 
 38.1   or (3). 
 38.2      (b) A person also shall register under this section if: 
 38.3      (1) the person was convicted of or adjudicated delinquent 
 38.4   in another state for an offense that would be a violation of a 
 38.5   law described in paragraph (a) if committed in this state; 
 38.6      (2) the person enters this state to reside, work, or attend 
 38.7   school, or enters this state and remains for 14 days or longer; 
 38.8   and 
 38.9      (3) ten years have not elapsed since the person was 
 38.10  released from confinement or, if the person was not confined, 
 38.11  since the person was convicted of or adjudicated delinquent for 
 38.12  the offense that triggers registration, unless the person is 
 38.13  subject to lifetime registration, in which case the person shall 
 38.14  register for life regardless of when the person was released 
 38.15  from confinement, convicted, or adjudicated delinquent. 
 38.16     (c) A person also shall register under this section if the 
 38.17  person was committed pursuant to a court commitment order under 
 38.18  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 38.19  a similar law of another state or the United States, regardless 
 38.20  of whether the person was convicted of any offense. 
 38.21     (d) A person also shall register under this section if: 
 38.22     (1) the person was charged with or petitioned for a felony 
 38.23  violation or attempt to violate any of the offenses listed in 
 38.24  paragraph (a), clause (1), or a similar law of another state or 
 38.25  the United States, or the person was charged with or petitioned 
 38.26  for a violation of any of the offenses listed in paragraph (a), 
 38.27  clause (2), or a similar law of another state or the United 
 38.28  States; 
 38.29     (2) the person was found not guilty by reason of mental 
 38.30  illness or mental deficiency after a trial for that offense, or 
 38.31  found guilty but mentally ill after a trial for that offense, in 
 38.32  states with a guilty but mentally ill verdict; and 
 38.33     (3) the person was committed pursuant to a court commitment 
 38.34  order under section 253B.18 or a similar law of another state or 
 38.35  the United States. 
 38.36     Subd. 2.  [NOTICE.] When a person who is required to 
 39.1   register under subdivision 1 1b, paragraph (a), is sentenced or 
 39.2   becomes subject to a juvenile court disposition order, the court 
 39.3   shall tell the person of the duty to register under this section 
 39.4   and that, if the person fails to comply with the registration 
 39.5   requirements, information about the offender may be made 
 39.6   available to the public through electronic, computerized, or 
 39.7   other accessible means.  The court may not modify the person's 
 39.8   duty to register in the pronounced sentence or disposition 
 39.9   order.  The court shall require the person to read and sign a 
 39.10  form stating that the duty of the person to register under this 
 39.11  section has been explained.  The court shall forward the signed 
 39.12  sex offender registration form, the complaint, and sentencing 
 39.13  documents to the bureau of Criminal Apprehension.  If a person 
 39.14  required to register under subdivision 1 1b, paragraph (a), was 
 39.15  not notified by the court of the registration requirement at the 
 39.16  time of sentencing or disposition, the assigned corrections 
 39.17  agent shall notify the person of the requirements of this 
 39.18  section.  When a person who is required to register under 
 39.19  subdivision 1 1b, paragraph (c) or (d), is released from 
 39.20  commitment, the treatment facility shall notify the person of 
 39.21  the requirements of this section.  The treatment facility shall 
 39.22  also obtain the registration information required under this 
 39.23  section and forward it to the bureau of Criminal Apprehension. 
 39.24     Subd. 3.  [REGISTRATION PROCEDURE.] (a) Except as provided 
 39.25  in subdivision 3a, a person required to register under this 
 39.26  section shall register with the corrections agent as soon as the 
 39.27  agent is assigned to the person.  If the person does not have an 
 39.28  assigned corrections agent or is unable to locate the assigned 
 39.29  corrections agent, the person shall register with the law 
 39.30  enforcement agency authority that has jurisdiction in the area 
 39.31  of the person's residence primary address. 
 39.32     (b) Except as provided in subdivision 3a, at least five 
 39.33  days before the person starts living at a new primary address, 
 39.34  including living in another state, the person shall give written 
 39.35  notice of the new primary living address to the assigned 
 39.36  corrections agent or to the law enforcement authority with which 
 40.1   the person currently is registered.  If the person will be 
 40.2   living in a new state and that state has a registration 
 40.3   requirement, the person shall also give written notice of the 
 40.4   new address to the designated registration agency in the new 
 40.5   state.  A person required to register under this section shall 
 40.6   also give written notice to the assigned corrections agent or to 
 40.7   the law enforcement authority that has jurisdiction in the area 
 40.8   of the person's residence primary address that the person is no 
 40.9   longer living or staying at an address, immediately after the 
 40.10  person is no longer living or staying at that address.  The 
 40.11  corrections agent or law enforcement authority shall, within two 
 40.12  business days after receipt of this information, forward it to 
 40.13  the bureau of Criminal Apprehension.  The bureau of Criminal 
 40.14  Apprehension shall, if it has not already been done, notify the 
 40.15  law enforcement authority having primary jurisdiction in the 
 40.16  community where the person will live of the new address.  If the 
 40.17  person is leaving the state, the bureau of Criminal Apprehension 
 40.18  shall notify the registration authority in the new state of the 
 40.19  new address.  If the person's obligation to register arose under 
 40.20  subdivision 1, paragraph (b), The person's registration 
 40.21  requirements under this section terminate when after the person 
 40.22  begins living in the new state and the bureau has confirmed the 
 40.23  address in the other state through the annual verification 
 40.24  process on at least one occasion. 
 40.25     (c) A person required to register under subdivision 1 1b, 
 40.26  paragraph (b), because the person is working or attending school 
 40.27  in Minnesota shall register with the law enforcement 
 40.28  agency authority that has jurisdiction in the area where the 
 40.29  person works or attends school.  In addition to other 
 40.30  information required by this section, the person shall provide 
 40.31  the address of the school or of the location where the person is 
 40.32  employed.  A person must shall comply with this paragraph within 
 40.33  five days of beginning employment or school.  A person's 
 40.34  obligation to register under this paragraph terminates when the 
 40.35  person is no longer working or attending school in Minnesota. 
 40.36     (d) A person required to register under this section who 
 41.1   works or attends school outside of Minnesota shall register as a 
 41.2   predatory offender in the state where the person works or 
 41.3   attends school.  The person's corrections agent, or if the 
 41.4   person does not have an assigned corrections agent, the law 
 41.5   enforcement authority that has jurisdiction in the area of the 
 41.6   person's residence primary address shall notify the person of 
 41.7   this requirement.  
 41.8      Subd. 3a.  [REGISTRATION PROCEDURE WHEN PERSON LACKS 
 41.9   PRIMARY ADDRESS.] (a) If a person leaves a primary address and 
 41.10  does not have a new primary address, the person shall register 
 41.11  with the law enforcement authority that has jurisdiction in the 
 41.12  area where the person is staying within 24 hours of the time the 
 41.13  person no longer has a primary address. 
 41.14     (b) A person who lacks a primary address shall register 
 41.15  with the law enforcement authority that has jurisdiction in the 
 41.16  area where the person is staying within 24 hours after entering 
 41.17  the jurisdiction.  Each time a person who lacks a primary 
 41.18  address moves to a new jurisdiction without acquiring a new 
 41.19  primary address, the person shall register with the law 
 41.20  enforcement authority that has jurisdiction in the area where 
 41.21  the person is staying within 24 hours after entering the 
 41.22  jurisdiction. 
 41.23     (c) Upon registering under this subdivision, the person 
 41.24  shall provide the law enforcement authority with all of the 
 41.25  information the individual is required to provide under 
 41.26  subdivision 4a.  However, instead of reporting the person's 
 41.27  primary address, the person shall describe the location of where 
 41.28  the person is staying with as much specificity as possible. 
 41.29     (d) Except as otherwise provided in paragraph (e), if a 
 41.30  person continues to lack a primary address, the person shall 
 41.31  report in person on a weekly basis to the law enforcement 
 41.32  authority with jurisdiction in the area where the person is 
 41.33  staying.  This weekly report shall occur between the hours of 
 41.34  9:00 a.m. and 5:00 p.m.  The person is not required to provide 
 41.35  the registration information required under subdivision 4a each 
 41.36  time the offender reports to an authority, but the person shall 
 42.1   inform the authority of changes to any information provided 
 42.2   under this subdivision or subdivision 4a and shall otherwise 
 42.3   comply with this subdivision. 
 42.4      (e) If the law enforcement authority determines that it is 
 42.5   impractical, due to the person's unique circumstances, to 
 42.6   require a person lacking a primary address to report weekly and 
 42.7   in person as required under paragraph (d), the authority may 
 42.8   authorize the person to follow an alternative reporting 
 42.9   procedure.  The authority shall consult with the person's 
 42.10  corrections agent, if the person has one, in establishing the 
 42.11  specific criteria of this alternative procedure, subject to the 
 42.12  following requirements:  
 42.13     (1) the authority shall document, in the person's 
 42.14  registration record, the specific reasons why the weekly 
 42.15  in-person reporting process is impractical for the person to 
 42.16  follow; 
 42.17     (2) the authority shall explain how the alternative 
 42.18  reporting procedure furthers the public safety objectives of 
 42.19  this section; 
 42.20     (3) the authority shall require the person lacking a 
 42.21  primary address to report in person at least monthly to the 
 42.22  authority or the person's corrections agent and shall specify 
 42.23  the location where the person shall report.  If the authority 
 42.24  determines it would be more practical and would further public 
 42.25  safety for the person to report to another law enforcement 
 42.26  authority with jurisdiction where the person is staying, it may, 
 42.27  after consulting with the other law enforcement authority, 
 42.28  include this requirement in the person's alternative reporting 
 42.29  process; 
 42.30     (4) the authority shall require the person to comply with 
 42.31  the weekly, in-person reporting process required under paragraph 
 42.32  (d), if the person moves to a new area where this process would 
 42.33  be practical; 
 42.34     (5) the authority shall require the person to report any 
 42.35  changes to the registration information provided under 
 42.36  subdivision 4a and to comply with the periodic registration 
 43.1   requirements specified under paragraph (f); and 
 43.2      (6) the authority shall require the person to comply with 
 43.3   the requirements of subdivision 3, paragraphs (b) and (c), if 
 43.4   the person moves to a primary address.  
 43.5      (f) If a person continues to lack a primary address and 
 43.6   continues to report to the same law enforcement authority, the 
 43.7   person shall provide the authority with all of the information 
 43.8   the individual is required to provide under this subdivision and 
 43.9   subdivision 4a at least annually, unless the person is required 
 43.10  to register under subdivision 1b, paragraph (c), following 
 43.11  commitment pursuant to a court commitment under section 253B.185 
 43.12  or a similar law of another state or the United States.  If the 
 43.13  person is required to register under subdivision 1b, paragraph 
 43.14  (c), the person shall provide the law enforcement authority with 
 43.15  all of the information the individual is required to report 
 43.16  under this subdivision and subdivision 4a at least once every 
 43.17  three months. 
 43.18     (g) A law enforcement authority receiving information under 
 43.19  this subdivision shall forward registration information and 
 43.20  changes to that information to the bureau within two business 
 43.21  days of receipt of the information. 
 43.22     (h) For purposes of this subdivision, a person who fails to 
 43.23  report a primary address will be deemed to be a person who lacks 
 43.24  a primary address, and the person shall comply with the 
 43.25  requirements for a person who lacks a primary address. 
 43.26     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
 43.27  provided to the corrections agent or law enforcement authority, 
 43.28  must consist of a statement in writing signed by the person, 
 43.29  giving information required by the bureau of Criminal 
 43.30  Apprehension, a fingerprint card, and photograph of the person 
 43.31  taken at the time of the person's release from incarceration or, 
 43.32  if the person was not incarcerated, at the time the person 
 43.33  initially registered under this section.  The registration 
 43.34  information also must include a written consent form signed by 
 43.35  the person allowing a treatment facility or residential housing 
 43.36  unit or shelter to release information to a law enforcement 
 44.1   officer about the person's admission to, or residence in, a 
 44.2   treatment facility or residential housing unit or shelter.  
 44.3   Registration information on adults and juveniles may be 
 44.4   maintained together notwithstanding section 260B.171, 
 44.5   subdivision 3.  
 44.6      (b) For persons required to register under subdivision 1 
 44.7   1b, paragraph (c), following commitment pursuant to a court 
 44.8   commitment under section 253B.185 or a similar law of another 
 44.9   state or the United States, in addition to other information 
 44.10  required by this section, the registration provided to the 
 44.11  corrections agent or law enforcement authority must include the 
 44.12  person's offense history and documentation of treatment received 
 44.13  during the person's commitment.  This documentation shall be is 
 44.14  limited to a statement of how far the person progressed in 
 44.15  treatment during commitment. 
 44.16     (c) Within three days of receipt, the corrections agent or 
 44.17  law enforcement authority shall forward the registration 
 44.18  information to the bureau of Criminal Apprehension.  The bureau 
 44.19  shall ascertain whether the person has registered with the law 
 44.20  enforcement authority where the person resides in the area of 
 44.21  the person's primary address, if any, or if the person lacks a 
 44.22  primary address, where the person is staying, as required by 
 44.23  subdivision 3a.  If the person has not registered with the law 
 44.24  enforcement authority, the bureau shall send one copy to that 
 44.25  authority.  
 44.26     (d) The corrections agent or law enforcement authority may 
 44.27  require that a person required to register under this section 
 44.28  appear before the agent or authority to be photographed.  The 
 44.29  agent or authority shall forward the photograph to the bureau of 
 44.30  Criminal Apprehension. 
 44.31     The agent or authority shall require a person required to 
 44.32  register under this section who is classified as a level III 
 44.33  offender under section 244.052 to appear before the agent or 
 44.34  authority at least every six months to be photographed. 
 44.35     (e) During the period a person is required to register 
 44.36  under this section, the following shall provisions apply: 
 45.1      (1) Except for persons registering under subdivision 3a, 
 45.2   the bureau of Criminal Apprehension shall mail a verification 
 45.3   form to the last reported address of the person's residence last 
 45.4   reported primary address.  This verification form shall must 
 45.5   provide notice to the offender that, if the offender does not 
 45.6   return the verification form as required, information about the 
 45.7   offender may be made available to the public through electronic, 
 45.8   computerized, or other accessible means.  For persons who are 
 45.9   registered under subdivision 3a, the bureau shall mail an annual 
 45.10  verification form to the law enforcement authority where the 
 45.11  offender most recently reported.  The authority shall provide 
 45.12  the verification form to the person at the next weekly meeting 
 45.13  and ensure that the person completes and signs the form and 
 45.14  returns it to the bureau.  
 45.15     (2) The person shall mail the signed verification form back 
 45.16  to the bureau of Criminal Apprehension within ten days after 
 45.17  receipt of the form, stating on the form the current and last 
 45.18  address of the person's residence and the other information 
 45.19  required under subdivision 4a. 
 45.20     (3) In addition to the requirements listed in this section, 
 45.21  a person who is assigned to risk level II or III under section 
 45.22  244.052, and who is no longer under correctional supervision for 
 45.23  a registration offense, or a failure to register offense, but 
 45.24  who resides, works, or attends school in Minnesota, shall have 
 45.25  an annual in-person contact with a law enforcement authority as 
 45.26  provided in this section.  If the person resides in Minnesota, 
 45.27  the annual in-person contact shall be with the law enforcement 
 45.28  authority that has jurisdiction over the person's primary 
 45.29  address or, if the person has no address, the location where the 
 45.30  person is staying.  If the person does not reside in Minnesota 
 45.31  but works or attends school in this state, the person shall have 
 45.32  an annual in-person contact with the law enforcement authority 
 45.33  or authorities with jurisdiction over the person's school or 
 45.34  workplace.  During the month of the person's birth date, the 
 45.35  person shall report to the authority to verify the accuracy of 
 45.36  the registration information and to be photographed.  Within 
 46.1   three days of this contact, the authority shall enter 
 46.2   information as required by the bureau into the predatory 
 46.3   offender registration database and submit an updated photograph 
 46.4   of the person to the bureau's predatory offender registration 
 46.5   unit. 
 46.6      (4) If the person fails to mail the completed and signed 
 46.7   verification form to the bureau of Criminal Apprehension within 
 46.8   ten days after receipt of the form, or if the person fails to 
 46.9   report to the law enforcement authority during the month of the 
 46.10  person's birth date, the person shall be is in violation of this 
 46.11  section. 
 46.12     (5) For any person who fails to mail the completed and 
 46.13  signed verification form to the bureau within ten days after 
 46.14  receipt of the form and who has been determined to be a risk 
 46.15  level III offender under section 244.052, the bureau shall 
 46.16  immediately investigate and notify local law enforcement 
 46.17  authorities to investigate the person's location and to ensure 
 46.18  compliance with this section.  The bureau also shall immediately 
 46.19  give notice of the person's violation of this section to the law 
 46.20  enforcement authority having jurisdiction over the person's last 
 46.21  registered address or addresses.  
 46.22  For persons required to register under subdivision 1 1b, 
 46.23  paragraph (c), following commitment pursuant to a court 
 46.24  commitment under section 253B.185 or a similar law of another 
 46.25  state or the United States, the bureau shall comply with clause 
 46.26  (1) at least four times each year.  For persons who, under 
 46.27  section 244.052, are assigned to risk level III and who are no 
 46.28  longer under correctional supervision for a registration offense 
 46.29  or a failure to register offense, the bureau shall comply with 
 46.30  clause (1) at least two times each year.  For all other persons 
 46.31  required to register under this section, the bureau shall comply 
 46.32  with clause (1) each year within 30 days of the anniversary date 
 46.33  of the person's initial registration. 
 46.34     (f) When sending out a verification form, the bureau of 
 46.35  Criminal Apprehension must shall determine whether the person to 
 46.36  whom the verification form is being sent has signed a written 
 47.1   consent form as provided for in paragraph (a).  If the person 
 47.2   has not signed such a consent form, the bureau of Criminal 
 47.3   Apprehension must shall send a written consent form to the 
 47.4   person along with the verification form.  A person who receives 
 47.5   this written consent form must shall sign and return it to the 
 47.6   bureau of Criminal Apprehension at the same time as the 
 47.7   verification form. 
 47.8      (g) For the purposes of this subdivision, "treatment 
 47.9   facility" means a residential facility, as defined in section 
 47.10  244.052, subdivision 1, and residential chemical dependency 
 47.11  treatment programs and halfway houses licensed under chapter 
 47.12  245A, including, but not limited to, those facilities directly 
 47.13  or indirectly assisted by any department or agency of the United 
 47.14  States. 
 47.15     Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) As 
 47.16  used in this section: 
 47.17     (1) "motor vehicle" has the meaning given "vehicle" in 
 47.18  section 169.01, subdivision 2; 
 47.19     (2) "primary residence" means any place where the person 
 47.20  resides longer than 14 days or that is deemed a primary 
 47.21  residence by a person's corrections agent, if one is assigned to 
 47.22  the person; and 
 47.23     (3) "secondary residence" means any place where the person 
 47.24  regularly stays overnight when not staying at the person's 
 47.25  primary residence, and includes, but is not limited to: 
 47.26     (i) the person's parent's home if the person is a student 
 47.27  and stays at the home at times when the person is not staying at 
 47.28  school, including during the summer; and 
 47.29     (ii) the home of someone with whom the person has a minor 
 47.30  child in common where the child's custody is shared.  
 47.31     (b) A person required to register under this section shall 
 47.32  provide to the corrections agent or law enforcement authority 
 47.33  the following information: 
 47.34     (1) the address of the person's primary residence address; 
 47.35     (2) the addresses of all of the person's secondary 
 47.36  residences addresses in Minnesota, including all addresses used 
 48.1   for residential or recreational purposes; 
 48.2      (3) the addresses of all Minnesota property owned, leased, 
 48.3   or rented by the person; 
 48.4      (4) the addresses of all locations where the person is 
 48.5   employed; 
 48.6      (5) the addresses of all residences schools where the 
 48.7   person resides while attending school is enrolled; and 
 48.8      (6) the year, model, make, license plate number, and color 
 48.9   of all motor vehicles owned or regularly driven by the person.  
 48.10     (c) (b) The person shall report to the agent or authority 
 48.11  the information required to be provided under paragraph (b) (a), 
 48.12  clauses (2) to (6), within five days of the date the clause 
 48.13  becomes applicable.  If because of a change in circumstances any 
 48.14  information reported under paragraph (b) (a), clauses (1) to 
 48.15  (6), no longer applies, the person shall immediately inform the 
 48.16  agent or authority that the information is no longer valid.  If 
 48.17  the person leaves a primary address and does not have a new 
 48.18  primary address, the person shall register as provided in 
 48.19  subdivision 3a. 
 48.20     Subd. 4b.  [HEALTH CARE FACILITY; NOTICE OF STATUS.] (a) 
 48.21  Upon admission to a health care facility, a person required to 
 48.22  register under this section shall immediately disclose to: 
 48.23     (1) the health care facility employee processing the 
 48.24  admission, the person's status as a registered sex offender 
 48.25  under this section; 
 48.26     (2) the person's supervision agent, if the person is under 
 48.27  supervision at the time of admission, that inpatient admission 
 48.28  has occurred; and 
 48.29     (3) the law enforcement authority with whom the person 
 48.30  registers, if the person is subject to registration under this 
 48.31  section, that inpatient admission has occurred. 
 48.32     (b) "Health care facility" means a hospital or other entity 
 48.33  licensed under sections 144.50 to 144.58, nursing facilities 
 48.34  certified for participation in the federal Medicare or Medicaid 
 48.35  programs and licensed as a nursing home under chapter 144A, a 
 48.36  boarding care home under sections 144.50 to 144.56, or a group 
 49.1   residential housing facility or an intermediate care facility 
 49.2   for the mentally retarded licensed under chapter 245A. 
 49.3      (c) A person required to inform persons or entities under 
 49.4   paragraph (a), clauses (1) to (3), of the person's status as a 
 49.5   registered sex offender, who knowingly fails to provide this 
 49.6   information to the persons or entities, is guilty of a felony 
 49.7   and may be sentenced to imprisonment for not more than five 
 49.8   years or to payment of a fine of not more than $10,000, or both. 
 49.9      Subd. 4c.  [HEALTH CARE FACILITY; LAW ENFORCEMENT 
 49.10  NOTIFICATION DUTY.] A law enforcement authority or corrections 
 49.11  agent shall notify the administrator of a health care facility, 
 49.12  as defined in subdivision 4b, as soon as it comes to the 
 49.13  attention of the authority or agent that a person required to 
 49.14  register under this section has been admitted and is receiving 
 49.15  health care at the facility. 
 49.16     Subd. 5.  [CRIMINAL PENALTY.] (a) A person required to 
 49.17  register under this section who knowingly violates any of its 
 49.18  provisions or intentionally provides false information to a 
 49.19  corrections agent, law enforcement authority, or the bureau of 
 49.20  Criminal Apprehension is guilty of a felony and may be sentenced 
 49.21  to imprisonment for not more than five years or to payment of a 
 49.22  fine of not more than $10,000, or both. 
 49.23     (b) Except as provided in paragraph (c), a person convicted 
 49.24  of violating paragraph (a) shall be committed to the custody of 
 49.25  the commissioner of corrections for not less than a year and a 
 49.26  day, nor more than five years. 
 49.27     (c) A person convicted of violating paragraph (a), who has 
 49.28  previously been convicted of or adjudicated delinquent for 
 49.29  violating this section or a similar statute of another state or 
 49.30  the United States, shall be committed to the custody of the 
 49.31  commissioner of corrections for not less than two years, nor 
 49.32  more than five years. 
 49.33     (d) Prior to the time of sentencing, the prosecutor may 
 49.34  file a motion to have the person sentenced without regard to the 
 49.35  mandatory minimum sentence established by this subdivision.  The 
 49.36  motion shall must be accompanied by a statement on the record of 
 50.1   the reasons for it.  When presented with the motion, or on its 
 50.2   own motion, the court may sentence the person without regard to 
 50.3   the mandatory minimum sentence if the court finds substantial 
 50.4   and compelling reasons to do so.  Sentencing a person in the 
 50.5   manner described in this paragraph is a departure from the 
 50.6   Sentencing Guidelines. 
 50.7      (e) A person convicted and sentenced as required by this 
 50.8   subdivision is not eligible for probation, parole, discharge, 
 50.9   work release, conditional release, or supervised release, until 
 50.10  that person has served the full term of imprisonment as provided 
 50.11  by law, notwithstanding the provisions of sections 241.26, 
 50.12  242.19, 243.05, 244.04, 609.12, and 609.135. 
 50.13     Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
 50.14  provisions of section 609.165, subdivision 1, and except as 
 50.15  provided in paragraphs (b), (c), and (d), a person required to 
 50.16  register under this section shall continue to comply with this 
 50.17  section until ten years have elapsed since the person initially 
 50.18  registered in connection with the offense, or until the 
 50.19  probation, supervised release, or conditional release period 
 50.20  expires, whichever occurs later.  For a person required to 
 50.21  register under this section who is committed under section 
 50.22  253B.18 or 253B.185, the ten-year registration period does not 
 50.23  include the period of commitment. 
 50.24     (b) If a person required to register under this section 
 50.25  fails to register following a change in residence provide the 
 50.26  person's primary address as required by subdivision 3, paragraph 
 50.27  (b), fails to comply with the requirements of subdivision 3a, 
 50.28  fails to provide information as required by subdivision 4a, or 
 50.29  fails to return the verification form referenced in subdivision 
 50.30  4 within ten days, the commissioner of public safety may require 
 50.31  the person to continue to register for an additional period of 
 50.32  five years.  This five-year period is added to the end of the 
 50.33  offender's registration period.  
 50.34     (c) If a person required to register under this section is 
 50.35  subsequently incarcerated following a conviction for a new 
 50.36  offense or following a revocation of probation, supervised 
 51.1   release, or conditional release for that any offense, or a 
 51.2   conviction for any new offense, the person shall continue to 
 51.3   register until ten years have elapsed since the person was last 
 51.4   released from incarceration or until the person's probation, 
 51.5   supervised release, or conditional release period expires, 
 51.6   whichever occurs later. 
 51.7      (d) A person shall continue to comply with this section for 
 51.8   the life of that person:  
 51.9      (1) if the person is convicted of or adjudicated delinquent 
 51.10  for any offense for which registration is required under 
 51.11  subdivision 1 1b, or any offense from another state or any 
 51.12  federal offense similar to the offenses described in subdivision 
 51.13  1 1b, and the person has a prior conviction or adjudication for 
 51.14  an offense for which registration was or would have been 
 51.15  required under subdivision 1 1b, or an offense from another 
 51.16  state or a federal offense similar to an offense described in 
 51.17  subdivision 1 1b; 
 51.18     (2) if the person is required to register based upon a 
 51.19  conviction or delinquency adjudication for an offense under 
 51.20  section 609.185, clause (2), or a similar statute from another 
 51.21  state or the United States; 
 51.22     (3) if the person is required to register based upon a 
 51.23  conviction for an offense under section 609.342, subdivision 1, 
 51.24  paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
 51.25  1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
 51.26  subdivision 1, paragraph (a), (c), or (g); or 609.345, 
 51.27  subdivision 1, paragraph (a), (c), or (g); or a statute from 
 51.28  another state or the United States similar to the offenses 
 51.29  described in this clause; or 
 51.30     (4) if the person is required to register under subdivision 
 51.31  1 1b, paragraph (c), following commitment pursuant to a court 
 51.32  commitment under section 253B.185 or a similar law of another 
 51.33  state or the United States. 
 51.34     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 51.35  provided in subdivision 7a or sections 244.052 and 299C.093, the 
 51.36  information provided under this section is private data on 
 52.1   individuals under section 13.02, subdivision 12.  The 
 52.2   information may be used only for law enforcement purposes.  
 52.3      Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
 52.4   ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 
 52.5   Criminal Apprehension may make information available to the 
 52.6   public about offenders who are 16 years of age or older and who 
 52.7   are out of compliance with this section for 30 days or longer 
 52.8   for failure to provide the address of the offenders' primary or 
 52.9   secondary residences addresses.  This information may be made 
 52.10  available to the public through electronic, computerized, or 
 52.11  other accessible means.  The amount and type of information made 
 52.12  available shall be is limited to the information necessary for 
 52.13  the public to assist law enforcement in locating the offender. 
 52.14     (b) An offender who comes into compliance with this section 
 52.15  after the bureau of Criminal Apprehension discloses information 
 52.16  about the offender to the public may send a written request to 
 52.17  the bureau requesting the bureau to treat information about the 
 52.18  offender as private data, consistent with subdivision 7.  The 
 52.19  bureau shall review the request and promptly take reasonable 
 52.20  action to treat the data as private, if the offender has 
 52.21  complied with the requirement that the offender provide the 
 52.22  addresses of the offender's primary and secondary residences 
 52.23  addresses, or promptly notify the offender that the information 
 52.24  will continue to be treated as public information and the 
 52.25  reasons for the bureau's decision. 
 52.26     (c) If an offender believes the information made public 
 52.27  about the offender is inaccurate or incomplete, the offender may 
 52.28  challenge the data under section 13.04, subdivision 4. 
 52.29     (d) The bureau of Criminal Apprehension is immune from any 
 52.30  civil or criminal liability that might otherwise arise, based on 
 52.31  the accuracy or completeness of any information made public 
 52.32  under this subdivision, if the bureau acts in good faith. 
 52.33     Subd. 8.  [LAW ENFORCEMENT AUTHORITY.] For purposes of this 
 52.34  section, a law enforcement authority means, with respect to a 
 52.35  home rule charter or statutory city, the chief of police, and 
 52.36  with respect to an unincorporated area, the sheriff of the 
 53.1   county. 
 53.2      Subd. 9.  [OFFENDERS FROM OTHER STATES.] (a) When the state 
 53.3   accepts an offender from another state under a reciprocal 
 53.4   agreement under the interstate compact authorized by section 
 53.5   243.16, the interstate compact authorized by section 243.1605, 
 53.6   or under any authorized interstate agreement, the acceptance is 
 53.7   conditional on the offender agreeing to register under this 
 53.8   section when the offender is living in Minnesota. 
 53.9      (b) The Bureau of Criminal Apprehension shall notify the 
 53.10  commissioner of corrections: 
 53.11     (1) when the bureau receives notice from a local law 
 53.12  enforcement authority that a person from another state who is 
 53.13  subject to this section has registered with the authority, 
 53.14  unless the bureau previously received information about the 
 53.15  offender from the commissioner of corrections; 
 53.16     (2) when a registration authority, corrections agent, or 
 53.17  law enforcement agency in another state notifies the bureau that 
 53.18  a person from another state who is subject to this section is 
 53.19  moving to Minnesota; and 
 53.20     (3) when the bureau learns that a person from another state 
 53.21  is in Minnesota and allegedly in violation of subdivision 5 for 
 53.22  failure to register. 
 53.23     (c) When a local law enforcement agency notifies the bureau 
 53.24  of an out-of-state offender's registration, the agency shall 
 53.25  provide the bureau with information on whether the person is 
 53.26  subject to community notification in another state and the risk 
 53.27  level the person was assigned, if any.  
 53.28     (d) The bureau must forward all information it receives 
 53.29  regarding offenders covered under this subdivision from sources 
 53.30  other than the commissioner of corrections to the commissioner. 
 53.31     (e) When the bureau receives information directly from a 
 53.32  registration authority, corrections agent, or law enforcement 
 53.33  agency in another state that a person who may be subject to this 
 53.34  section is moving to Minnesota, the bureau must ask whether the 
 53.35  person entering the state is subject to community notification 
 53.36  in another state and the risk level the person has been 
 54.1   assigned, if any.  
 54.2      (f) When the bureau learns that a person subject to this 
 54.3   section intends to move into Minnesota from another state or has 
 54.4   moved into Minnesota from another state, the bureau shall notify 
 54.5   the law enforcement authority with jurisdiction in the area of 
 54.6   the person's primary address and provide all information 
 54.7   concerning the person that is available to the bureau. 
 54.8      (g) The commissioner of corrections must determine the 
 54.9   parole, supervised release, or conditional release status of 
 54.10  persons who are referred to the commissioner under this 
 54.11  subdivision.  If the commissioner determines that a person is 
 54.12  subject to parole, supervised release, or conditional release in 
 54.13  another state and is not registered in Minnesota under the 
 54.14  applicable interstate compact, the commissioner shall inform the 
 54.15  local law enforcement agency that the person is in violation of 
 54.16  section 243.161.  If the person is not subject to supervised 
 54.17  release, the commissioner shall notify the bureau and the local 
 54.18  law enforcement agency of the person's status. 
 54.19     Subd. 10.  [VENUE; AGGREGATION.] (a) A violation of this 
 54.20  section may be prosecuted in any jurisdiction where an offense 
 54.21  takes place.  However, the prosecutorial agency in the 
 54.22  jurisdiction where the person last registered a primary address 
 54.23  is initially responsible to review the case for prosecution.  
 54.24     (b) When a person commits two or more offenses in two or 
 54.25  more counties, the accused may be prosecuted for all of the 
 54.26  offenses in any county in which one of the offenses was 
 54.27  committed. 
 54.28     Subd. 11.  [CERTIFIED COPIES AS EVIDENCE.] Certified copies 
 54.29  of predatory offender registration records are admissible as 
 54.30  substantive evidence when necessary to prove the commission of a 
 54.31  violation of this section.  
 54.32     <b>[EFFECTIVE DATE.]</b> The provisions of this section, except 
 54.33  for subdivision 5a, are effective the day following final 
 54.34  enactment, and apply to persons subject to predatory offender 
 54.35  registration on or after that date, except for subdivision 9, 
 54.36  which is effective July 1, 2005, and subdivision 4, paragraph 
 55.1   (e), clause (3), is effective December 1, 2005.  Subdivision 5a 
 55.2   is effective August 1, 2005, and applies to crimes committed on 
 55.3   or after that date.  Subdivision 6, paragraph (c), is effective 
 55.4   August 1, 2005, and applies to any offense, revocation of 
 55.5   probation, supervised release, or conditional release that 
 55.6   occurs on or after that date.  
 55.7      Sec. 4.  Minnesota Statutes 2004, section 243.167, is 
 55.8   amended to read: 
 55.9      243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER 
 55.10  REGISTRATION LAW FOR OTHER OFFENSES.] 
 55.11     Subdivision 1.  [DEFINITION.] As used in this section, 
 55.12  "crime against the person" means a violation of any of the 
 55.13  following or a similar law of another state or of the United 
 55.14  States:  section 609.165; 609.185; 609.19; 609.195; 609.20; 
 55.15  609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, 
 55.16  subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 
 55.17  609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 
 55.18  2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, 
 55.19  subdivision 2; or any felony-level violation of section 609.229; 
 55.20  609.377; 609.749; or 624.713. 
 55.21     Subd. 2.  [WHEN REQUIRED.] (a) In addition to the 
 55.22  requirements of section 243.166, a person also shall register 
 55.23  under section 243.166 if: 
 55.24     (1) the person is convicted of a crime against the person; 
 55.25  and 
 55.26     (2) the person was previously convicted of or adjudicated 
 55.27  delinquent for an offense listed in section 243.166, subdivision 
 55.28  1, paragraph (a), but was not required to register for the 
 55.29  offense because the registration requirements of that section 
 55.30  did not apply to the person at the time the offense was 
 55.31  committed or at the time the person was released from 
 55.32  imprisonment. 
 55.33     (b) A person who was previously required to register under 
 55.34  section 243.166 in any state and who has completed the 
 55.35  registration requirements of that section state shall again 
 55.36  register under section 243.166 if the person commits a crime 
 56.1   against the person. 
 56.2      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 56.3   and applies to crimes committed on or after that date.  
 56.4      Sec. 5.  Minnesota Statutes 2004, section 244.05, 
 56.5   subdivision 7, is amended to read: 
 56.6      Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
 56.7   (a) Before the commissioner releases from prison any inmate 
 56.8   convicted under sections 609.342 to 609.345 or sentenced as a 
 56.9   patterned offender under section 609.108, and determined by the 
 56.10  commissioner to be in a high risk category, the commissioner 
 56.11  shall make a preliminary determination whether, in the 
 56.12  commissioner's opinion, a petition under section 253B.185 may be 
 56.13  appropriate.  The commissioner's opinion must be based on a 
 56.14  recommendation of a Department of Corrections screening 
 56.15  committee and a legal review and recommendation from a 
 56.16  representative of the Office of the Attorney General 
 56.17  knowledgeable in the legal requirements of the civil commitment 
 56.18  process. 
 56.19     (b) In making this decision, the commissioner shall have 
 56.20  access to the following data only for the purposes of the 
 56.21  assessment and referral decision: 
 56.22     (1) private medical data under section 13.384 or 144.335, 
 56.23  or welfare data under section 13.46 that relate to medical 
 56.24  treatment of the offender; 
 56.25     (2) private and confidential court services data under 
 56.26  section 13.84; 
 56.27     (3) private and confidential corrections data under section 
 56.28  13.85; and 
 56.29     (4) private criminal history data under section 13.87. 
 56.30     (c) If the commissioner determines that a petition may be 
 56.31  appropriate, the commissioner shall forward this determination, 
 56.32  along with a summary of the reasons for the determination, to 
 56.33  the county attorney in the county where the inmate was convicted 
 56.34  no later than 12 months before the inmate's release date.  If 
 56.35  the inmate is received for incarceration with fewer than 12 
 56.36  months remaining in the inmate's term of imprisonment, or if the 
 57.1   commissioner receives additional information less than 12 months 
 57.2   before release which that makes the inmate's case appropriate 
 57.3   for referral, the commissioner shall forward the determination 
 57.4   as soon as is practicable.  Upon receiving the commissioner's 
 57.5   preliminary determination, the county attorney shall proceed in 
 57.6   the manner provided in section 253B.185.  The commissioner shall 
 57.7   release to the county attorney all requested documentation 
 57.8   maintained by the department. 
 57.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 57.10  following final enactment.  
 57.11     Sec. 6.  Minnesota Statutes 2004, section 244.052, 
 57.12  subdivision 3, is amended to read: 
 57.13     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 57.14  commissioner of corrections shall establish and administer 
 57.15  end-of-confinement review committees at each state correctional 
 57.16  facility and at each state treatment facility where predatory 
 57.17  offenders are confined.  The committees shall assess on a 
 57.18  case-by-case basis the public risk posed by predatory offenders 
 57.19  who are about to be released from confinement. 
 57.20     (b) Each committee shall be a standing committee and shall 
 57.21  consist of the following members appointed by the commissioner: 
 57.22     (1) the chief executive officer or head of the correctional 
 57.23  or treatment facility where the offender is currently confined, 
 57.24  or that person's designee; 
 57.25     (2) a law enforcement officer; 
 57.26     (3) a treatment professional who is trained in the 
 57.27  assessment of sex offenders; 
 57.28     (4) a caseworker experienced in supervising sex offenders; 
 57.29  and 
 57.30     (5) a victim's services professional. 
 57.31     Members of the committee, other than the facility's chief 
 57.32  executive officer or head, shall be appointed by the 
 57.33  commissioner to two-year terms.  The chief executive officer or 
 57.34  head of the facility or designee shall act as chair of the 
 57.35  committee and shall use the facility's staff, as needed, to 
 57.36  administer the committee, obtain necessary information from 
 58.1   outside sources, and prepare risk assessment reports on 
 58.2   offenders. 
 58.3      (c) The committee shall have access to the following data 
 58.4   on a predatory offender only for the purposes of its assessment 
 58.5   and to defend the committee's risk assessment determination upon 
 58.6   administrative review under this section: 
 58.7      (1) private medical data under section 13.384 or 144.335, 
 58.8   or welfare data under section 13.46 that relate to medical 
 58.9   treatment of the offender; 
 58.10     (2) private and confidential court services data under 
 58.11  section 13.84; 
 58.12     (3) private and confidential corrections data under section 
 58.13  13.85; and 
 58.14     (4) private criminal history data under section 13.87. 
 58.15     Data collected and maintained by the committee under this 
 58.16  paragraph may not be disclosed outside the committee, except as 
 58.17  provided under section 13.05, subdivision 3 or 4.  The predatory 
 58.18  offender has access to data on the offender collected and 
 58.19  maintained by the committee, unless the data are confidential 
 58.20  data received under this paragraph. 
 58.21     (d)(i) Except as otherwise provided in item (ii), at least 
 58.22  90 days before a predatory offender is to be released from 
 58.23  confinement, the commissioner of corrections shall convene the 
 58.24  appropriate end-of-confinement review committee for the purpose 
 58.25  of assessing the risk presented by the offender and determining 
 58.26  the risk level to which the offender shall be assigned under 
 58.27  paragraph (e).  The offender and the law enforcement agency that 
 58.28  was responsible for the charge resulting in confinement shall be 
 58.29  notified of the time and place of the committee's meeting.  The 
 58.30  offender has a right to be present and be heard at the meeting.  
 58.31  The law enforcement agency may provide material in writing that 
 58.32  is relevant to the offender's risk level to the chair of the 
 58.33  committee.  The committee shall use the risk factors described 
 58.34  in paragraph (g) and the risk assessment scale developed under 
 58.35  subdivision 2 to determine the offender's risk assessment score 
 58.36  and risk level.  Offenders scheduled for release from 
 59.1   confinement shall be assessed by the committee established at 
 59.2   the facility from which the offender is to be released.  
 59.3      (ii) If an offender is received for confinement in a 
 59.4   facility with less than 90 days remaining in the offender's term 
 59.5   of confinement, the offender's risk shall be assessed at the 
 59.6   first regularly scheduled end of confinement review committee 
 59.7   that convenes after the appropriate documentation for the risk 
 59.8   assessment is assembled by the committee.  The commissioner 
 59.9   shall make reasonable efforts to ensure that offender's risk is 
 59.10  assessed and a risk level is assigned or reassigned at least 30 
 59.11  days before the offender's release date. 
 59.12     (e) The committee shall assign to risk level I a predatory 
 59.13  offender whose risk assessment score indicates a low risk of 
 59.14  reoffense.  The committee shall assign to risk level II an 
 59.15  offender whose risk assessment score indicates a moderate risk 
 59.16  of reoffense.  The committee shall assign to risk level III an 
 59.17  offender whose risk assessment score indicates a high risk of 
 59.18  reoffense. 
 59.19     (f) Before the predatory offender is released from 
 59.20  confinement, the committee shall prepare a risk assessment 
 59.21  report which specifies the risk level to which the offender has 
 59.22  been assigned and the reasons underlying the committee's risk 
 59.23  assessment decision.  The committee shall give the report to the 
 59.24  offender and to the law enforcement agency at least 60 days 
 59.25  before an offender is released from confinement.  If the risk 
 59.26  assessment is performed under the circumstances described in 
 59.27  paragraph (d), item (ii), the report shall be given to the 
 59.28  offender and the law enforcement agency as soon as it is 
 59.29  available.  The committee also shall inform the offender of the 
 59.30  availability of review under subdivision 6. 
 59.31     (g) As used in this subdivision, "risk factors" includes, 
 59.32  but is not limited to, the following factors: 
 59.33     (1) the seriousness of the offense should the offender 
 59.34  reoffend.  This factor includes consideration of the following:  
 59.35     (i) the degree of likely force or harm; 
 59.36     (ii) the degree of likely physical contact; and 
 60.1      (iii) the age of the likely victim; 
 60.2      (2) the offender's prior offense history.  This factor 
 60.3   includes consideration of the following: 
 60.4      (i) the relationship of prior victims to the offender; 
 60.5      (ii) the number of prior offenses or victims; 
 60.6      (iii) the duration of the offender's prior offense history; 
 60.7      (iv) the length of time since the offender's last prior 
 60.8   offense while the offender was at risk to commit offenses; and 
 60.9      (v) the offender's prior history of other antisocial acts; 
 60.10     (3) the offender's characteristics.  This factor includes 
 60.11  consideration of the following:  
 60.12     (i) the offender's response to prior treatment efforts; and 
 60.13     (ii) the offender's history of substance abuse; 
 60.14     (4) the availability of community supports to the offender. 
 60.15  This factor includes consideration of the following: 
 60.16     (i) the availability and likelihood that the offender will 
 60.17  be involved in therapeutic treatment; 
 60.18     (ii) the availability of residential supports to the 
 60.19  offender, such as a stable and supervised living arrangement in 
 60.20  an appropriate location; 
 60.21     (iii) the offender's familial and social relationships, 
 60.22  including the nature and length of these relationships and the 
 60.23  level of support that the offender may receive from these 
 60.24  persons; and 
 60.25     (iv) the offender's lack of education or employment 
 60.26  stability; 
 60.27     (5) whether the offender has indicated or credible evidence 
 60.28  in the record indicates that the offender will reoffend if 
 60.29  released into the community; and 
 60.30     (6) whether the offender demonstrates a physical condition 
 60.31  that minimizes the risk of reoffense, including but not limited 
 60.32  to, advanced age or a debilitating illness or physical condition.
 60.33     (h) Upon the request of the law enforcement agency or the 
 60.34  offender's corrections agent, the commissioner may reconvene the 
 60.35  end-of-confinement review committee for the purpose of 
 60.36  reassessing the risk level to which an offender has been 
 61.1   assigned under paragraph (e).  In a request for a reassessment, 
 61.2   the law enforcement agency which was responsible for the charge 
 61.3   resulting in confinement or agent shall list the facts and 
 61.4   circumstances arising after the initial assignment or facts and 
 61.5   circumstances known to law enforcement or the agent but not 
 61.6   considered by the committee under paragraph (e) which support 
 61.7   the request for a reassessment.  The request for reassessment by 
 61.8   the law enforcement agency must occur within 30 days of receipt 
 61.9   of the report indicating the offender's risk level assignment.  
 61.10  The offender's corrections agent, in consultation with the chief 
 61.11  law enforcement officer in the area where the offender resides 
 61.12  or intends to reside, may request a review of a risk level at 
 61.13  any time if substantial evidence exists that the offender's risk 
 61.14  level should be reviewed by an end-of-confinement review 
 61.15  committee.  This evidence includes, but is not limited to, 
 61.16  evidence of treatment failures or completions, evidence of 
 61.17  exceptional crime-free community adjustment or lack of 
 61.18  appropriate adjustment, evidence of substantial community need 
 61.19  to know more about the offender or mitigating circumstances that 
 61.20  would narrow the proposed scope of notification, or other 
 61.21  practical situations articulated and based in evidence of the 
 61.22  offender's behavior while under supervision.  Upon review of the 
 61.23  request, the end-of-confinement review committee may reassign an 
 61.24  offender to a different risk level.  If the offender is 
 61.25  reassigned to a higher risk level, the offender has the right to 
 61.26  seek review of the committee's determination under subdivision 6.
 61.27     (i) An offender may request the end-of-confinement review 
 61.28  committee to reassess the offender's assigned risk level after 
 61.29  three years have elapsed since the committee's initial risk 
 61.30  assessment and may renew the request once every two years 
 61.31  following subsequent denials.  In a request for reassessment, 
 61.32  the offender shall list the facts and circumstances which 
 61.33  demonstrate that the offender no longer poses the same degree of 
 61.34  risk to the community.  In order for a request for a risk level 
 61.35  reduction to be granted, the offender must demonstrate full 
 61.36  compliance with supervised release conditions, completion of 
 62.1   required post-release treatment programming, and full compliance 
 62.2   with all registration requirements as detailed in section 
 62.3   243.166.  The offender must also not have been convicted of any 
 62.4   felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 62.5   the assignment of the original risk level.  The committee shall 
 62.6   follow the process outlined in paragraphs (a) to (c) in the 
 62.7   reassessment.  An offender who is incarcerated may not request a 
 62.8   reassessment under this paragraph. 
 62.9      (j) Offenders returned to prison as release violators shall 
 62.10  not have a right to a subsequent risk reassessment by the 
 62.11  end-of-confinement review committee unless substantial evidence 
 62.12  indicates that the offender's risk to the public has increased. 
 62.13     (k) The commissioner shall establish an end-of-confinement 
 62.14  review committee to assign a risk level to offenders who are 
 62.15  released from a federal correctional facility in Minnesota or 
 62.16  another state and who intend to reside in Minnesota, and to 
 62.17  offenders accepted from another state under a reciprocal 
 62.18  agreement for parole supervision under the interstate compact 
 62.19  authorized by section 243.16.  The committee shall make 
 62.20  reasonable efforts to conform to the same timelines as applied 
 62.21  to Minnesota cases.  Offenders accepted from another state under 
 62.22  a reciprocal agreement for probation supervision are not 
 62.23  assigned a risk level, but are considered downward dispositional 
 62.24  departures.  The probation or court services officer and law 
 62.25  enforcement officer shall manage such cases in accordance with 
 62.26  section 244.10, subdivision 2a.  The policies and procedures of 
 62.27  the committee for federal offenders and interstate compact cases 
 62.28  must be in accordance with all requirements as set forth in this 
 62.29  section, unless restrictions caused by the nature of federal or 
 62.30  interstate transfers prevents such conformance. 
 62.31     (l) If the committee assigns a predatory offender to risk 
 62.32  level III, the committee shall determine whether residency 
 62.33  restrictions shall be included in the conditions of the 
 62.34  offender's release based on the offender's pattern of offending 
 62.35  behavior. 
 62.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
 63.1   and applies to persons subject to community notification on or 
 63.2   after that date.  
 63.3      Sec. 7.  Minnesota Statutes 2004, section 244.052, is 
 63.4   amended by adding a subdivision to read: 
 63.5      Subd. 3a.  [OFFENDERS FROM OTHER STATES AND OFFENDERS 
 63.6   RELEASED FROM FEDERAL FACILITIES.] (a) Except as provided in 
 63.7   paragraph (b), the commissioner shall establish an 
 63.8   end-of-confinement review committee to assign a risk level: 
 63.9      (1) to offenders who are released from a federal 
 63.10  correctional facility in Minnesota or a federal correctional 
 63.11  facility in another state and who intend to reside in Minnesota; 
 63.12     (2) to offenders who are accepted from another state under 
 63.13  the interstate compact authorized by section 243.16 or 243.1605 
 63.14  or any other authorized interstate agreement; and 
 63.15     (3) to offenders who are referred to the committee by local 
 63.16  law enforcement agencies under paragraph (f).  
 63.17     (b) This subdivision does not require the commissioner to 
 63.18  convene an end-of-confinement review committee for a person 
 63.19  coming into Minnesota who is subject to probation under another 
 63.20  state's law.  The probation or court services officer and law 
 63.21  enforcement officer shall manage such cases in accordance with 
 63.22  section 244.10, subdivision 2a. 
 63.23     (c) The committee shall make reasonable efforts to conform 
 63.24  to the same timelines applied to offenders released from a 
 63.25  Minnesota correctional facility and shall collect all relevant 
 63.26  information and records on offenders assessed and assigned a 
 63.27  risk level under this subdivision.  However, for offenders who 
 63.28  were assigned the most serious risk level by another state, the 
 63.29  committee must act promptly to collect the information required 
 63.30  under this paragraph. 
 63.31     The end-of-confinement review committee must proceed in 
 63.32  accordance with all requirements set forth in this section and 
 63.33  follow all policies and procedures applied to offenders released 
 63.34  from a Minnesota correctional facility in reviewing information 
 63.35  and assessing the risk level of offenders covered by this 
 63.36  subdivision, unless restrictions caused by the nature of federal 
 64.1   or interstate transfers prevent such conformance.  All of the 
 64.2   provisions of this section apply to offenders who are assessed 
 64.3   and assigned a risk level under this subdivision.  
 64.4      (d) If a local law enforcement agency learns or suspects 
 64.5   that a person who is subject to this section is living in 
 64.6   Minnesota and a risk level has not been assigned to the person 
 64.7   under this section, the law enforcement agency shall provide 
 64.8   this information to the Bureau of Criminal Apprehension and the 
 64.9   commissioner of corrections within three business days.  
 64.10     (e) If the commissioner receives reliable information from 
 64.11  a local law enforcement agency or the bureau that a person 
 64.12  subject to this section is living in Minnesota and a local law 
 64.13  enforcement agency so requests, the commissioner must determine 
 64.14  if the person was assigned a risk level under a law comparable 
 64.15  to this section.  If the commissioner determines that the law is 
 64.16  comparable and public safety warrants, the commissioner, within 
 64.17  three business days of receiving a request, shall notify the 
 64.18  local law enforcement agency that it may, in consultation with 
 64.19  the department, proceed with notification under subdivision 4 
 64.20  based on the person's out-of-state risk level.  However, if the 
 64.21  commissioner concludes that the offender is from a state with a 
 64.22  risk level assessment law that is not comparable to this 
 64.23  section, the extent of the notification may not exceed that of a 
 64.24  risk level II offender under subdivision 4, paragraph (b), 
 64.25  unless the requirements of paragraph (f) have been met.  If an 
 64.26  assessment is requested from the end-of-confinement review 
 64.27  committee under paragraph (f), the local law enforcement agency 
 64.28  may continue to disclose information under subdivision 4 until 
 64.29  the committee assigns the person a risk level.  After the 
 64.30  committee assigns a risk level to an offender pursuant to a 
 64.31  request made under paragraph (f), the information disclosed by 
 64.32  law enforcement shall be consistent with the risk level assigned 
 64.33  by the end-of-confinement review committee.  The commissioner of 
 64.34  corrections, in consultation with legal advisers, shall 
 64.35  determine whether the law of another state is comparable to this 
 64.36  section.  
 65.1      (f) If the local law enforcement agency wants to make a 
 65.2   broader disclosure than is authorized under paragraph (e), the 
 65.3   law enforcement agency may request that an end-of-confinement 
 65.4   review committee assign a risk level to the offender.  The local 
 65.5   law enforcement agency shall provide to the committee all 
 65.6   information concerning the offender's criminal history, the risk 
 65.7   the offender poses to the community, and other relevant 
 65.8   information.  The department shall attempt to obtain other 
 65.9   information relevant to determining which risk level to assign 
 65.10  the offender.  The committee shall promptly assign a risk level 
 65.11  to an offender referred to the committee under this paragraph. 
 65.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
 65.13  and applies to persons subject to community notification on or 
 65.14  after that date. 
 65.15     Sec. 8.  Minnesota Statutes 2004, section 244.052, 
 65.16  subdivision 4, is amended to read: 
 65.17     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 65.18  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 65.19  area where the predatory offender resides, expects to reside, is 
 65.20  employed, or is regularly found, shall disclose to the public 
 65.21  any information regarding the offender contained in the report 
 65.22  forwarded to the agency under subdivision 3, paragraph (f), that 
 65.23  is relevant and necessary to protect the public and to 
 65.24  counteract the offender's dangerousness, consistent with the 
 65.25  guidelines in paragraph (b).  The extent of the information 
 65.26  disclosed and the community to whom disclosure is made must 
 65.27  relate to the level of danger posed by the offender, to the 
 65.28  offender's pattern of offending behavior, and to the need of 
 65.29  community members for information to enhance their individual 
 65.30  and collective safety. 
 65.31     (b) The law enforcement agency shall employ the following 
 65.32  guidelines in determining the scope of disclosure made under 
 65.33  this subdivision: 
 65.34     (1) if the offender is assigned to risk level I, the agency 
 65.35  may maintain information regarding the offender within the 
 65.36  agency and may disclose it to other law enforcement agencies.  
 66.1   Additionally, the agency may disclose the information to any 
 66.2   victims of or witnesses to the offense committed by the 
 66.3   offender. The agency shall disclose the information to victims 
 66.4   of the offense committed by the offender who have requested 
 66.5   disclosure and to adult members of the offender's immediate 
 66.6   household; 
 66.7      (2) if the offender is assigned to risk level II, the 
 66.8   agency also may disclose the information to agencies and groups 
 66.9   that the offender is likely to encounter for the purpose of 
 66.10  securing those institutions and protecting individuals in their 
 66.11  care while they are on or near the premises of the institution.  
 66.12  These agencies and groups include the staff members of public 
 66.13  and private educational institutions, day care establishments, 
 66.14  and establishments and organizations that primarily serve 
 66.15  individuals likely to be victimized by the offender.  The agency 
 66.16  also may disclose the information to individuals the agency 
 66.17  believes are likely to be victimized by the offender.  The 
 66.18  agency's belief shall be based on the offender's pattern of 
 66.19  offending or victim preference as documented in the information 
 66.20  provided by the department of corrections or human services; 
 66.21     (3) if the offender is assigned to risk level III, the 
 66.22  agency shall disclose the information to the persons and 
 66.23  entities described in clauses (1) and (2) and to other members 
 66.24  of the community whom the offender is likely to encounter, 
 66.25  unless the law enforcement agency determines that public safety 
 66.26  would be compromised by the disclosure or that a more limited 
 66.27  disclosure is necessary to protect the identity of the victim. 
 66.28     Notwithstanding the assignment of a predatory offender to 
 66.29  risk level II or III, a law enforcement agency may not make the 
 66.30  disclosures permitted or required by clause (2) or (3), if:  the 
 66.31  offender is placed or resides in a residential facility.  
 66.32  However, if an offender is placed or resides in a residential 
 66.33  facility, the offender and the head of the facility shall 
 66.34  designate the offender's likely residence upon release from the 
 66.35  facility and the head of the facility shall notify the 
 66.36  commissioner of corrections or the commissioner of human 
 67.1   services of the offender's likely residence at least 14 days 
 67.2   before the offender's scheduled release date.  The commissioner 
 67.3   shall give this information to the law enforcement agency having 
 67.4   jurisdiction over the offender's likely residence.  The head of 
 67.5   the residential facility also shall notify the commissioner of 
 67.6   corrections or human services within 48 hours after finalizing 
 67.7   the offender's approved relocation plan to a permanent 
 67.8   residence.  Within five days after receiving this notification, 
 67.9   the appropriate commissioner shall give to the appropriate law 
 67.10  enforcement agency all relevant information the commissioner has 
 67.11  concerning the offender, including information on the risk 
 67.12  factors in the offender's history and the risk level to which 
 67.13  the offender was assigned.  After receiving this information, 
 67.14  the law enforcement agency shall make the disclosures permitted 
 67.15  or required by clause (2) or (3), as appropriate. 
 67.16     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 67.17  to encounter" means that:  
 67.18     (1) the organizations or community members are in a 
 67.19  location or in close proximity to a location where the offender 
 67.20  lives or is employed, or which the offender visits or is likely 
 67.21  to visit on a regular basis, other than the location of the 
 67.22  offender's outpatient treatment program; and 
 67.23     (2) the types of interaction which ordinarily occur at that 
 67.24  location and other circumstances indicate that contact with the 
 67.25  offender is reasonably certain. 
 67.26     (d) A law enforcement agency or official who discloses 
 67.27  information under this subdivision shall make a good faith 
 67.28  effort to make the notification within 14 days of receipt of a 
 67.29  confirmed address from the Department of Corrections indicating 
 67.30  that the offender will be, or has been, released from 
 67.31  confinement, or accepted for supervision, or has moved to a new 
 67.32  address and will reside at the address indicated.  If a change 
 67.33  occurs in the release plan, this notification provision does not 
 67.34  require an extension of the release date.  
 67.35     (e) A law enforcement agency or official who discloses 
 67.36  information under this subdivision shall not disclose the 
 68.1   identity or any identifying characteristics of the victims of or 
 68.2   witnesses to the offender's offenses. 
 68.3      (f) A law enforcement agency shall continue to disclose 
 68.4   information on an offender as required by this subdivision for 
 68.5   as long as the offender is required to register under section 
 68.6   243.166.  This requirement on a law enforcement agency to 
 68.7   continue to disclose information also applies to an offender who 
 68.8   lacks a primary address and is registering under section 
 68.9   243.166, subdivision 3a. 
 68.10     (g) A law enforcement agency that is disclosing information 
 68.11  on an offender assigned to risk level III to the public under 
 68.12  this subdivision shall inform the commissioner of corrections 
 68.13  what information is being disclosed and forward this information 
 68.14  to the commissioner within two days of the agency's 
 68.15  determination.  The commissioner shall post this information on 
 68.16  the Internet as required in subdivision 4b. 
 68.17     (h) A city council may adopt a policy that addresses when 
 68.18  information disclosed under this subdivision must be presented 
 68.19  in languages in addition to English.  The policy may address 
 68.20  when information must be presented orally, in writing, or both 
 68.21  in additional languages by the law enforcement agency disclosing 
 68.22  the information.  The policy may provide for different 
 68.23  approaches based on the prevalence of non-English languages in 
 68.24  different neighborhoods. 
 68.25     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 68.26  following final enactment and applies to persons subject to 
 68.27  community notification on or after that date.  
 68.28     Sec. 9.  Minnesota Statutes 2004, section 244.052, is 
 68.29  amended by adding a subdivision to read: 
 68.30     Subd. 4c.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 68.31  INFORMATION TO A HEALTH CARE FACILITY.] (a) The law enforcement 
 68.32  agency in the area where a health care facility is located shall 
 68.33  disclose the registrant status of any sex offender registered 
 68.34  under section 243.166 to the health care facility if the 
 68.35  registered offender is receiving inpatient care in that facility.
 68.36     (b) "Health care facility" means a hospital or other entity 
 69.1   licensed under sections 144.50 to 144.58, nursing facilities 
 69.2   certified for participation in the federal Medicare or Medicaid 
 69.3   programs and licensed as a nursing home under chapter 144A, a 
 69.4   boarding care home under sections 144.50 to 144.56, or a group 
 69.5   residential housing facility or an intermediate care facility 
 69.6   for the mentally retarded licensed under chapter 245A. 
 69.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 69.8   following final enactment. 
 69.9      Sec. 10.  Minnesota Statutes 2004, section 626.556, 
 69.10  subdivision 3, is amended to read: 
 69.11     Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 69.12  knows or has reason to believe a child is being neglected or 
 69.13  physically or sexually abused, as defined in subdivision 2, or 
 69.14  has been neglected or physically or sexually abused within the 
 69.15  preceding three years, shall immediately report the information 
 69.16  to the local welfare agency, agency responsible for assessing or 
 69.17  investigating the report, police department, or the county 
 69.18  sheriff if the person is:  
 69.19     (1) a professional or professional's delegate who is 
 69.20  engaged in the practice of the healing arts, social services, 
 69.21  hospital administration, psychological or psychiatric treatment, 
 69.22  child care, education, probation and correctional services, or 
 69.23  law enforcement; or 
 69.24     (2) employed as a member of the clergy and received the 
 69.25  information while engaged in ministerial duties, provided that a 
 69.26  member of the clergy is not required by this subdivision to 
 69.27  report information that is otherwise privileged under section 
 69.28  595.02, subdivision 1, paragraph (c).  
 69.29     The police department or the county sheriff, upon receiving 
 69.30  a report, shall immediately notify the local welfare agency or 
 69.31  agency responsible for assessing or investigating the report, 
 69.32  orally and in writing.  The local welfare agency, or agency 
 69.33  responsible for assessing or investigating the report, upon 
 69.34  receiving a report, shall immediately notify the local police 
 69.35  department or the county sheriff orally and in writing.  The 
 69.36  county sheriff and the head of every local welfare agency, 
 70.1   agency responsible for assessing or investigating reports, and 
 70.2   police department shall each designate a person within their 
 70.3   agency, department, or office who is responsible for ensuring 
 70.4   that the notification duties of this paragraph and paragraph (b) 
 70.5   are carried out.  Nothing in this subdivision shall be construed 
 70.6   to require more than one report from any institution, facility, 
 70.7   school, or agency. 
 70.8      (b) Any person may voluntarily report to the local welfare 
 70.9   agency, agency responsible for assessing or investigating the 
 70.10  report, police department, or the county sheriff if the person 
 70.11  knows, has reason to believe, or suspects a child is being or 
 70.12  has been neglected or subjected to physical or sexual abuse.  
 70.13  The police department or the county sheriff, upon receiving a 
 70.14  report, shall immediately notify the local welfare agency or 
 70.15  agency responsible for assessing or investigating the report, 
 70.16  orally and in writing.  The local welfare agency or agency 
 70.17  responsible for assessing or investigating the report, upon 
 70.18  receiving a report, shall immediately notify the local police 
 70.19  department or the county sheriff orally and in writing. 
 70.20     (c) A person mandated to report physical or sexual child 
 70.21  abuse or neglect occurring within a licensed facility shall 
 70.22  report the information to the agency responsible for licensing 
 70.23  the facility under sections 144.50 to 144.58; 241.021; 245A.01 
 70.24  to 245A.16; or chapter 245B; or a nonlicensed personal care 
 70.25  provider organization as defined in sections 256B.04, 
 70.26  subdivision 16; and 256B.0625, subdivision 19.  A health or 
 70.27  corrections agency receiving a report may request the local 
 70.28  welfare agency to provide assistance pursuant to subdivisions 
 70.29  10, 10a, and 10b.  A board or other entity whose licensees 
 70.30  perform work within a school facility, upon receiving a 
 70.31  complaint of alleged maltreatment, shall provide information 
 70.32  about the circumstances of the alleged maltreatment to the 
 70.33  commissioner of education.  Section 13.03, subdivision 4, 
 70.34  applies to data received by the commissioner of education from a 
 70.35  licensing entity.  
 70.36     (d) Any person mandated to report shall receive a summary 
 71.1   of the disposition of any report made by that reporter, 
 71.2   including whether the case has been opened for child protection 
 71.3   or other services, or if a referral has been made to a community 
 71.4   organization, unless release would be detrimental to the best 
 71.5   interests of the child.  Any person who is not mandated to 
 71.6   report shall, upon request to the local welfare agency, receive 
 71.7   a concise summary of the disposition of any report made by that 
 71.8   reporter, unless release would be detrimental to the best 
 71.9   interests of the child. 
 71.10     (e) For purposes of this subdivision, "immediately" means 
 71.11  as soon as possible but in no event longer than 24 hours. 
 71.12     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 71.13  following final enactment. 
 71.14     Sec. 11.  [REVISOR'S INSTRUCTION.] 
 71.15     The revisor of statutes shall change all references to 
 71.16  Minnesota Statutes, section 243.166, subdivision 1, in Minnesota 
 71.17  Statutes to section 243.166.  In addition, the revisor shall 
 71.18  make other technical changes necessitated by this article.  
 71.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 71.20  following final enactment.  
 71.21     Sec. 12.  [REPEALER.] 
 71.22     Minnesota Statutes 2004, section 243.166, subdivisions 1 
 71.23  and 8, are repealed. 
 71.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 71.25  following final enactment. 
 71.26                             ARTICLE 5 
 71.27        HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY 
 71.28     Section 1.  Minnesota Statutes 2004, section 243.166, 
 71.29  subdivision 7, is amended to read: 
 71.30     Subd. 7.  [USE OF INFORMATION DATA.] Except as otherwise 
 71.31  provided in subdivision 7a or sections 244.052 and 299C.093, the 
 71.32  information data provided under this section is private data on 
 71.33  individuals under section 13.02, subdivision 12.  The 
 71.34  information data may be used only for law enforcement and 
 71.35  corrections purposes.  State-operated services, as defined in 
 71.36  section 246.014, are also authorized to have access to the data 
 72.1   for the purposes described in section 246.13, subdivision 2, 
 72.2   paragraph (c). 
 72.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 72.4      Sec. 2.  Minnesota Statutes 2004, section 246.13, is 
 72.5   amended to read: 
 72.6      246.13 [RECORD RECORDS OF PATIENTS AND RESIDENTS 
 72.7   IN RECEIVING STATE-OPERATED SERVICES.] 
 72.8      Subdivision 1.  [POWERS, DUTIES, AND AUTHORITY OF 
 72.9   COMMISSIONER.] (a) The commissioner of human services' office 
 72.10  shall have, accessible only by consent of the commissioner or on 
 72.11  the order of a judge or court of record, a record showing the 
 72.12  residence, sex, age, nativity, occupation, civil condition, and 
 72.13  date of entrance or commitment of every person, in the 
 72.14  state-operated services facilities as defined under section 
 72.15  246.014 under exclusive control of the commissioner; the date of 
 72.16  discharge and whether such discharge was final; the condition of 
 72.17  the person when the person left the state-operated services 
 72.18  facility; the vulnerable adult abuse prevention associated with 
 72.19  the person; and the date and cause of all deaths.  The record 
 72.20  shall state every transfer from one state-operated services 
 72.21  facility to another, naming each state-operated services 
 72.22  facility.  This information shall be furnished to the 
 72.23  commissioner of human services by each public agency, along with 
 72.24  other obtainable facts as the commissioner may require.  When a 
 72.25  patient or resident in a state-operated services facility is 
 72.26  discharged, transferred, or dies, the head of the state-operated 
 72.27  services facility or designee shall inform the commissioner of 
 72.28  human services of these events within ten days on forms 
 72.29  furnished by the commissioner.  
 72.30     (b) The commissioner of human services shall cause to be 
 72.31  devised, installed, and operated an adequate system of records 
 72.32  and statistics which shall consist of all basic record forms, 
 72.33  including patient personal records and medical record forms, and 
 72.34  the manner of their use shall be precisely uniform throughout 
 72.35  all state-operated services facilities. 
 72.36     Subd. 2.  [DEFINITIONS; RISK ASSESSMENT AND MANAGEMENT.] (a)
 73.1   As used in this section: 
 73.2      (1) "appropriate and necessary medical and other records" 
 73.3   includes patient medical records and other protected health 
 73.4   information as defined by Code of Federal Regulations, title 45, 
 73.5   section 164.501, relating to a patient in a state-operated 
 73.6   services facility including, but not limited to, the patient's 
 73.7   treatment plan and abuse prevention plan that is pertinent to 
 73.8   the patient's ongoing care, treatment, or placement in a 
 73.9   community-based treatment facility or a health care facility 
 73.10  that is not operated by state-operated services, and includes 
 73.11  information describing the level of risk posed by a patient when 
 73.12  the patient enters such a facility; 
 73.13     (2) "community-based treatment" means the community support 
 73.14  services listed in section 253B.02, subdivision 4b; 
 73.15     (3) "criminal history data" means those data maintained by 
 73.16  the Departments of Corrections and Public Safety and by the 
 73.17  supervisory authorities listed in section 13.84, subdivision 1, 
 73.18  that relate to an individual's criminal history or propensity 
 73.19  for violence; including data in the Corrections Offender 
 73.20  Management System (COMS) and Statewide Supervision System (S3) 
 73.21  maintained by the Department of Corrections; the Criminal 
 73.22  Justice Information System (CJIS) and the Predatory Offender 
 73.23  Registration (POR) system maintained by the Department of Public 
 73.24  Safety; and the CriMNet system; 
 73.25     (4) "designated agency" means the agency defined in section 
 73.26  253B.02, subdivision 5; 
 73.27     (5) "law enforcement agency" means the law enforcement 
 73.28  agency having primary jurisdiction over the location where the 
 73.29  offender expects to reside upon release; 
 73.30     (6) "predatory offender" and "offender" mean a person who 
 73.31  is required to register as a predatory offender under section 
 73.32  243.166; and 
 73.33     (7) "treatment facility" means a facility as defined in 
 73.34  section 253B.02, subdivision 19. 
 73.35     (b) To promote public safety and for the purposes and 
 73.36  subject to the requirements of paragraph (c), the commissioner 
 74.1   or the commissioner's designee shall have access to, and may 
 74.2   review and disclose, medical and criminal history data as 
 74.3   provided by this section. 
 74.4      (c) The commissioner or the commissioner's designee shall 
 74.5   disseminate data to designated treatment facility staff, special 
 74.6   review board members, and end-of-confinement review committee 
 74.7   members in accordance with Minnesota Rules, part 1205.0400, to: 
 74.8      (1) determine whether a patient is required under state law 
 74.9   to register as a predatory offender according to section 
 74.10  244.166; 
 74.11     (2) facilitate and expedite the responsibilities of the 
 74.12  special review board and end-of-confinement review committees by 
 74.13  corrections institutions and state treatment facilities; 
 74.14     (3) prepare, amend, or revise the abuse prevention plans 
 74.15  required under section 626.557, subdivision 14, and individual 
 74.16  patient treatment plans required under section 253B.03, 
 74.17  subdivision 7; 
 74.18     (4) facilitate changes of custody and transfers of 
 74.19  individuals between the Department of Corrections and the 
 74.20  Department of Human Services; and 
 74.21     (5) facilitate the exchange of data between the Department 
 74.22  of Corrections, the Department of Human Services, and any of the 
 74.23  supervisory authorities listed in section 13.84, regarding an 
 74.24  individual under the authority of one or more of these entities. 
 74.25     (d) The commissioner may have access to the National Crime 
 74.26  Information Center (NCIC) database, through the Department of 
 74.27  Public Safety, in support of the law enforcement function 
 74.28  described in paragraph (c). 
 74.29     Subd. 3.  [COMMUNITY-BASED TREATMENT AND MEDICAL 
 74.30  TREATMENT.] (a) When a patient under the care and supervision of 
 74.31  state-operated services is released to a community-based 
 74.32  treatment facility or facility that provides health care 
 74.33  services, state-operated services may disclose all appropriate 
 74.34  and necessary health and other information relating to the 
 74.35  patient. 
 74.36     (b) The information that must be provided to the designated 
 75.1   agency, community-based treatment facility, or facility that 
 75.2   provides health care services includes, but is not limited to, 
 75.3   the patient's abuse prevention plan required under section 
 75.4   626.557, subdivision 14, paragraph (b). 
 75.5      Subd. 4.  [PREDATORY OFFENDER REGISTRATION 
 75.6   NOTIFICATION.] (a) When a state-operated facility determines 
 75.7   that a patient is required under section 243.166, subdivision 1, 
 75.8   to register as a predatory offender or, under section 243.166, 
 75.9   subdivision 4a, to provide notice of a change in status, the 
 75.10  facility shall provide written notice to the patient of the 
 75.11  requirement. 
 75.12     (b) If the patient refuses, is unable, or lacks capacity to 
 75.13  comply with the requirement described in paragraph (a) within 
 75.14  five days after receiving the notification of the duty to 
 75.15  comply, state-operated services staff shall obtain and disclose 
 75.16  the necessary data to complete the registration form or change 
 75.17  of status notification for the patient.  The treatment facility 
 75.18  shall also forward the registration or change of status data 
 75.19  that it completes to the Bureau of Criminal Apprehension and, as 
 75.20  applicable, the patient's corrections agent and the law 
 75.21  enforcement agency in the community in which the patient 
 75.22  currently resides.  If, after providing notification, the 
 75.23  patient refuses to comply with the requirements described in 
 75.24  paragraph (a), the treatment facility shall also notify the 
 75.25  county attorney in the county in which the patient is currently 
 75.26  residing of the refusal. 
 75.27     (c) The duties of state-operated services described in this 
 75.28  subdivision do not relieve the patient of the ongoing individual 
 75.29  duty to comply with the requirements of section 243.166. 
 75.30     Subd. 5.  [LIMITATIONS ON USE OF BLOODBORNE PATHOGEN TEST 
 75.31  RESULTS.] Sections 246.71, 246.711, 246.712, 246.713, 246.714, 
 75.32  246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721, 
 75.33  and 246.722 apply to state-operated services facilities. 
 75.34     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 75.35     Sec. 3.  Minnesota Statutes 2004, section 253B.18, 
 75.36  subdivision 4a, is amended to read: 
 76.1      Subd. 4a.  [RELEASE ON PASS; NOTIFICATION.] A patient who 
 76.2   has been committed as a person who is mentally ill and dangerous 
 76.3   and who is confined at a secure treatment facility or has been 
 76.4   transferred out of a state-operated services facility according 
 76.5   to section 253B.18, subdivision 6, shall not be released on a 
 76.6   pass unless the pass is part of a pass plan that has been 
 76.7   approved by the medical director of the secure treatment 
 76.8   facility.  The pass plan must have a specific therapeutic 
 76.9   purpose consistent with the treatment plan, must be established 
 76.10  for a specific period of time, and must have specific levels of 
 76.11  liberty delineated.  The county case manager must be invited to 
 76.12  participate in the development of the pass plan.  At least ten 
 76.13  days prior to a determination on the plan, the medical director 
 76.14  shall notify the designated agency, the committing court, the 
 76.15  county attorney of the county of commitment, an interested 
 76.16  person, the local law enforcement agency where the facility is 
 76.17  located, the local law enforcement agency in the location where 
 76.18  the pass is to occur, the petitioner, and the petitioner's 
 76.19  counsel of the plan, the nature of the passes proposed, and 
 76.20  their right to object to the plan.  If any notified person 
 76.21  objects prior to the proposed date of implementation, the person 
 76.22  shall have an opportunity to appear, personally or in writing, 
 76.23  before the medical director, within ten days of the objection, 
 76.24  to present grounds for opposing the plan.  The pass plan shall 
 76.25  not be implemented until the objecting person has been furnished 
 76.26  that opportunity.  Nothing in this subdivision shall be 
 76.27  construed to give a patient an affirmative right to a pass plan. 
 76.28     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 76.29     Sec. 4.  Minnesota Statutes 2004, section 299C.093, is 
 76.30  amended to read: 
 76.31     299C.093 [DATABASE OF REGISTERED PREDATORY OFFENDERS.] 
 76.32     The superintendent of the Bureau of Criminal Apprehension 
 76.33  shall maintain a computerized data system relating to 
 76.34  individuals required to register as predatory offenders under 
 76.35  section 243.166.  To the degree feasible, the system must 
 76.36  include the information data required to be provided under 
 77.1   section 243.166, subdivisions 4 and 4a, and indicate the time 
 77.2   period that the person is required to register.  The 
 77.3   superintendent shall maintain this information data in a manner 
 77.4   that ensures that it is readily available to law enforcement 
 77.5   agencies.  This information data is private data on individuals 
 77.6   under section 13.02, subdivision 12, but may be used for law 
 77.7   enforcement and corrections purposes.  State-operated services, 
 77.8   as defined in section 246.014, are also authorized to have 
 77.9   access to the data for the purposes described in section 246.13, 
 77.10  subdivision 2, paragraph (c). 
 77.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 77.12     Sec. 5.  Minnesota Statutes 2004, section 609.2231, 
 77.13  subdivision 3, is amended to read: 
 77.14     Subd. 3.  [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS.] 
 77.15  Whoever commits either of the following acts against an employee 
 77.16  of a correctional facility as defined in section 241.021, 
 77.17  subdivision 1, paragraph (f), or an employee or other individual 
 77.18  who provides care or treatment at a treatment facility as 
 77.19  defined in section 252.025, subdivision 7, or 253B.02, 
 77.20  subdivision 18a, or against a probation officer or other 
 77.21  qualified person employed in supervising offenders while the 
 77.22  employee, officer, or person is engaged in the performance of a 
 77.23  duty imposed by law, policy, or rule is guilty of a felony and 
 77.24  may be sentenced to imprisonment for not more than two years or 
 77.25  to payment of a fine of not more than $4,000, or both: 
 77.26     (1) assaults the employee person and inflicts demonstrable 
 77.27  bodily harm; or 
 77.28     (2) intentionally throws or otherwise transfers bodily 
 77.29  fluids or feces at or onto the employee person. 
 77.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 77.31     Sec. 6.  Minnesota Statutes 2004, section 626.557, 
 77.32  subdivision 14, is amended to read: 
 77.33     Subd. 14.  [ABUSE PREVENTION PLANS.] (a) Each facility, 
 77.34  except home health agencies and personal care attendant services 
 77.35  providers, shall establish and enforce an ongoing written abuse 
 77.36  prevention plan.  The plan shall contain an assessment of the 
 78.1   physical plant, its environment, and its population identifying 
 78.2   factors which may encourage or permit abuse, and a statement of 
 78.3   specific measures to be taken to minimize the risk of abuse.  
 78.4   The plan shall comply with any rules governing the plan 
 78.5   promulgated by the licensing agency.  
 78.6      (b) Each facility, including a home health care agency and 
 78.7   personal care attendant services providers, shall develop an 
 78.8   individual abuse prevention plan for each vulnerable adult 
 78.9   residing there or receiving services from them.  The plan shall 
 78.10  contain an individualized assessment of both the person's 
 78.11  susceptibility to abuse by other individuals, including other 
 78.12  vulnerable adults, and the potential risks posed by the person 
 78.13  to the other patients, to facility staff, and to others; and a 
 78.14  statement of the specific measures to be taken to minimize the 
 78.15  risk of abuse to that person and others.  For the purposes of 
 78.16  this clause, the term "abuse" includes self-abuse. 
 78.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 78.18     Sec. 7.  [REPEALER.] 
 78.19     Minnesota Statutes 2004, section 246.017, subdivision 1, is 
 78.20  repealed. 
 78.21     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 78.22                             ARTICLE 6
 78.23                 HUMAN SERVICES BACKGROUND STUDIES 
 78.24     Section 1.  Minnesota Statutes 2004, section 13.461, is 
 78.25  amended by adding a subdivision to read: 
 78.26     Subd. 29.  [DISQUALIFICATION FROM DIRECT CONTACT.] The 
 78.27  classification of data about individuals disqualified from 
 78.28  providing direct contact services is governed by section 
 78.29  245C.22, subdivision 7. 
 78.30     Sec. 2.  Minnesota Statutes 2004, section 13.461, is 
 78.31  amended by adding a subdivision to read: 
 78.32     Subd. 30.  [SET-ASIDE DATA.] Disclosure of data relating to 
 78.33  individuals who have obtained a set-aside of the 
 78.34  disqualification is governed by section 245C.22, subdivision 7. 
 78.35     Sec. 3.  Minnesota Statutes 2004, section 13.461, is 
 78.36  amended by adding a subdivision to read: 
 79.1      Subd. 31.  [VARIANCE DATA.] Disclosure of data relating to 
 79.2   disqualified individuals as to whom a variance has been obtained 
 79.3   by the individual's employer is governed by section 245C.30, 
 79.4   subdivision 2. 
 79.5      Sec. 4.  Minnesota Statutes 2004, section 245C.03, 
 79.6   subdivision 1, is amended to read: 
 79.7      Subdivision 1.  [LICENSED PROGRAMS.] (a) The commissioner 
 79.8   shall conduct a background study on: 
 79.9      (1) the person or persons applying for a license; 
 79.10     (2) an individual age 13 and over living in the household 
 79.11  where the licensed program will be provided; 
 79.12     (3) current or prospective employees or contractors of the 
 79.13  applicant who will have direct contact with persons served by 
 79.14  the facility, agency, or program; 
 79.15     (4) volunteers or student volunteers who will have direct 
 79.16  contact with persons served by the program to provide program 
 79.17  services if the contact is not under the continuous, direct 
 79.18  supervision by an individual listed in clause (1) or (3); 
 79.19     (5) an individual age ten to 12 living in the household 
 79.20  where the licensed services will be provided when the 
 79.21  commissioner has reasonable cause; 
 79.22     (6) an individual who, without providing direct contact 
 79.23  services at a licensed program, may have unsupervised access to 
 79.24  children or vulnerable adults receiving services from a program 
 79.25  licensed to provide: 
 79.26     (i) family child care for children; 
 79.27     (ii) foster care for children in the provider's own home; 
 79.28  or 
 79.29     (iii) foster care or day care services for adults in the 
 79.30  provider's own home; and 
 79.31     (7) all managerial officials as defined under section 
 79.32  245A.02, subdivision 5a. 
 79.33  The commissioner must have reasonable cause to study an 
 79.34  individual under this subdivision. 
 79.35     (b) For family child foster care settings, a short-term 
 79.36  substitute caregiver providing direct contact services for a 
 80.1   child for less than 72 hours of continuous care is not required 
 80.2   to receive a background study under this chapter. 
 80.3      Sec. 5.  Minnesota Statutes 2004, section 245C.13, 
 80.4   subdivision 2, is amended to read: 
 80.5      Subd. 2.  [DIRECT CONTACT PENDING COMPLETION OF BACKGROUND 
 80.6   STUDY.] Unless otherwise specified, the subject of a background 
 80.7   study may have direct contact with persons served by a program 
 80.8   after the background study form is mailed or submitted to the 
 80.9   commissioner pending notification of the study results under 
 80.10  section 245C.17. The subject of a background study may not 
 80.11  perform any activity requiring a background study under 
 80.12  paragraph (b) until the commissioner has issued one of the 
 80.13  notices under paragraph (a). 
 80.14     (a) Notices from the commissioner required prior to 
 80.15  activity under paragraph (b) include: 
 80.16     (1) a notice of the study results under section 245C.17 
 80.17  stating that: 
 80.18     (i) the individual is not disqualified; or 
 80.19     (ii) more time is needed to complete the study but the 
 80.20  individual is not required to be removed from direct contact or 
 80.21  access to people receiving services prior to completion of the 
 80.22  study as provided under section 245A.17, paragraph (c); 
 80.23     (2) a notice that a disqualification has been set aside 
 80.24  under section 245C.23; or 
 80.25     (3) a notice that a variance has been granted related to 
 80.26  the individual under section 245C.30. 
 80.27     (b) Activities prohibited prior to receipt of notice under 
 80.28  paragraph (a) include: 
 80.29     (1) being issued a license; 
 80.30     (2) living in the household where the licensed program will 
 80.31  be provided; 
 80.32     (3) providing direct contact services to persons served by 
 80.33  a program unless the subject is under continuous direct 
 80.34  supervision; or 
 80.35     (4) having access to persons receiving services if the 
 80.36  background study was completed under section 144.057, 
 81.1   subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause 
 81.2   (2), (5), or (6), unless the subject is under continuous direct 
 81.3   supervision. 
 81.4      Sec. 6.  Minnesota Statutes 2004, section 245C.15, 
 81.5   subdivision 1, is amended to read: 
 81.6      Subdivision 1.  [PERMANENT DISQUALIFICATION.] (a) An 
 81.7   individual is disqualified under section 245C.14 if:  (1) 
 81.8   regardless of how much time has passed since the discharge of 
 81.9   the sentence imposed, if any, for the offense; and (2) unless 
 81.10  otherwise specified, regardless of the level of the conviction 
 81.11  offense, the individual is convicted of has committed any of the 
 81.12  following offenses:  sections 152.021 (controlled substance 
 81.13  crime in the first degree); 152.022 (controlled substance crime 
 81.14  in the second degree); 152.023 (controlled substance crime in 
 81.15  the third degree); 152.024 (controlled substance crime in the 
 81.16  fourth degree); 152.0261 (importing controlled substances across 
 81.17  state lines); 609.165 (certain convicted felons ineligible to 
 81.18  possess firearms); 609.185 (murder in the first degree); 609.19 
 81.19  (murder in the second degree); 609.195 (murder in the third 
 81.20  degree); 609.20 (manslaughter in the first degree); 609.205 
 81.21  (manslaughter in the second degree); 609.21 (criminal vehicular 
 81.22  homicide and injury); 609.221 or (assault in the first degree); 
 81.23  609.222 (assault in the first or second degree); 609.223 
 81.24  (assault in the third degree); a felony offense under sections 
 81.25  609.2242 and 609.2243 (domestic assault), spousal abuse, child 
 81.26  abuse or neglect, or a crime against children; 609.228 (great 
 81.27  bodily harm caused by distribution of drugs); an offense 
 81.28  punishable as a felony under 609.229 (crime committed for the 
 81.29  benefit of a gang); 609.235 (use of drugs to injure or 
 81.30  facilitate a crime); 609.24 (simple robbery); 609.245 
 81.31  (aggravated robbery); 609.25 (kidnapping); 609.255 (false 
 81.32  imprisonment); 609.2661 (murder of an unborn child in the first 
 81.33  degree); 609.2662 (murder of an unborn child in the second 
 81.34  degree); 609.2663 (murder of an unborn child in the third 
 81.35  degree); 609.2664 (manslaughter of an unborn child in the first 
 81.36  degree); 609.2665 (manslaughter of an unborn child in the second 
 82.1   degree); 609.267 (assault of an unborn child in the first 
 82.2   degree); 609.2671 (assault of an unborn child in the second 
 82.3   degree); 609.268 (injury or death of an unborn child in 
 82.4   commission of a crime); 609.322 (solicitation, inducement, and 
 82.5   promotion of prostitution); a felony offense under 609.324, 
 82.6   subdivision 1 (other prohibited acts); 609.342 (criminal sexual 
 82.7   conduct in the first degree); 609.343 (criminal sexual conduct 
 82.8   in the second degree); 609.344 (criminal sexual conduct in the 
 82.9   third degree); 609.345 (criminal sexual conduct in the fourth 
 82.10  degree); 609.3451 (criminal sexual conduct in the fifth degree); 
 82.11  609.352 (solicitation of children to engage in sexual conduct); 
 82.12  609.365 (incest); an offense punishable as a felony offense 
 82.13  under 609.377 (malicious punishment of a child); an offense 
 82.14  punishable as a felony offense under 609.378 (neglect or 
 82.15  endangerment of a child); 609.498 (tampering with a witness); 
 82.16  609.561 (arson in the first degree); 609.562 (arson in the 
 82.17  second degree); 609.582, subdivision 1 (burglary in the first 
 82.18  degree); 609.66, subdivision 1e (drive-by shooting); 609.687 
 82.19  (adulteration); 609.749, subdivision 3, 4, or 5 (felony-level 
 82.20  harassment; stalking); 609.855, subdivision 5 (shooting at or in 
 82.21  a public transit vehicle or facility); 617.246 (use of minors in 
 82.22  sexual performance prohibited); or 617.247 (possession of 
 82.23  pictorial representations of minors); or an offense punishable 
 82.24  as a felony under 624.713 (certain persons not to have pistols 
 82.25  or semiautomatic military-style assault weapons).  
 82.26     (b) An individual also is disqualified under section 
 82.27  245C.14 regardless of how much time has passed since: 
 82.28     (1) the involuntary termination of the individual's 
 82.29  parental rights under section 260C.301; 
 82.30     (2) an administrative determination under section 626.556 
 82.31  of sexual abuse of a minor or abuse of a minor resulting in 
 82.32  death or serious injury as defined under section 245C.02, 
 82.33  subdivision 18; or 
 82.34     (3) an administrative determination under section 626.557 
 82.35  of sexual abuse of a vulnerable adult or abuse of a vulnerable 
 82.36  adult resulting in death or serious injury as defined under 
 83.1   section 245C.02, subdivision 18. 
 83.2      (b) (c) An individual's aiding and abetting, attempt, or 
 83.3   conspiracy to commit any of the offenses listed in paragraph 
 83.4   (a), as each of these offenses is defined in Minnesota Statutes, 
 83.5   permanently disqualifies the individual under section 245C.14. 
 83.6      (c) (d) An individual's offense in any other state or 
 83.7   country, where the elements of the offense are substantially 
 83.8   similar to any of the offenses listed in paragraph (a), 
 83.9   permanently disqualifies the individual under section 245C.14. 
 83.10     Sec. 7.  Minnesota Statutes 2004, section 245C.15, 
 83.11  subdivision 2, is amended to read: 
 83.12     Subd. 2.  [15-YEAR DISQUALIFICATION.] (a) An individual is 
 83.13  disqualified under section 245C.14 if:  (1) less than 15 years 
 83.14  have passed since the discharge of the sentence imposed, if any, 
 83.15  for the offense; and (2) the individual has received committed a 
 83.16  felony conviction for a felony-level violation of any of the 
 83.17  following offenses:  sections 152.025 (controlled substance 
 83.18  crime in the fifth degree); 260C.301 (grounds for termination of 
 83.19  parental rights); 609.165 (felon ineligible to possess firearm); 
 83.20  609.21 (criminal vehicular homicide and injury); 609.215 
 83.21  (suicide); 609.223 or 609.2231 (assault in the third or fourth 
 83.22  degree); repeat offenses under 609.224 (assault in the fifth 
 83.23  degree); 609.2325 (criminal abuse of a vulnerable adult); 
 83.24  609.2335 (financial exploitation of a vulnerable adult); 609.235 
 83.25  (use of drugs to injure or facilitate crime); 609.24 (simple 
 83.26  robbery); 609.255 (false imprisonment); 609.2664 (manslaughter 
 83.27  of an unborn child in the first degree); 609.2665 (manslaughter 
 83.28  of an unborn child in the second degree); 609.267 (assault of an 
 83.29  unborn child in the first degree); 609.2671 (assault of an 
 83.30  unborn child in the second degree); 609.268 (injury or death of 
 83.31  an unborn child in the commission of a crime); 609.27 
 83.32  (coercion); 609.275 (attempt to coerce); repeat offenses under 
 83.33  609.3451 (criminal sexual conduct in the fifth degree); 609.498, 
 83.34  subdivision 1 or 1b (aggravated first degree or first degree 
 83.35  tampering with a witness); 609.52 (theft); 609.521 (possession 
 83.36  of shoplifting gear); 609.562 (arson in the second degree); 
 84.1   609.563 (arson in the third degree); 609.582, subdivision 2, 3, 
 84.2   or 4 (burglary in the second, third, or fourth degree); 609.625 
 84.3   (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; 
 84.4   offering a forged check); 609.635 (obtaining signature by false 
 84.5   pretense); 609.66 (dangerous weapons); 609.67 (machine guns and 
 84.6   short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 
 84.7   609.713 (terroristic threats); repeat offenses under 617.23 
 84.8   (indecent exposure; penalties); repeat offenses under 617.241 
 84.9   (obscene materials and performances; distribution and exhibition 
 84.10  prohibited; penalty); chapter 152 (drugs; controlled substance); 
 84.11  or a felony-level conviction involving alcohol or drug use. 
 84.12     (b) An individual is disqualified under section 245C.14 if 
 84.13  less than 15 years has passed since the individual's aiding and 
 84.14  abetting, attempt, or conspiracy to commit any of the offenses 
 84.15  listed in paragraph (a), as each of these offenses is defined in 
 84.16  Minnesota Statutes. 
 84.17     (c) An individual is disqualified under section 245C.14 if 
 84.18  less than 15 years has passed since the discharge of the 
 84.19  sentence imposed for an offense in any other state or country, 
 84.20  the elements of which are substantially similar to the elements 
 84.21  of the offenses listed in paragraph (a). 
 84.22     (d) If the individual studied is convicted of one of the 
 84.23  felonies listed in paragraph (a), but the sentence is a gross 
 84.24  misdemeanor or misdemeanor disposition, the individual is 
 84.25  disqualified but the disqualification lookback period for the 
 84.26  conviction is the period applicable to the gross misdemeanor or 
 84.27  misdemeanor disposition. 
 84.28     Sec. 8.  Minnesota Statutes 2004, section 245C.15, 
 84.29  subdivision 3, is amended to read: 
 84.30     Subd. 3.  [TEN-YEAR DISQUALIFICATION.] (a) An individual is 
 84.31  disqualified under section 245C.14 if:  (1) less than ten years 
 84.32  have passed since the discharge of the sentence imposed, if any, 
 84.33  for the offense; and (2) the individual has received committed a 
 84.34  gross misdemeanor conviction for a misdemeanor-level violation 
 84.35  of any of the following offenses:  sections 609.224 (assault in 
 84.36  the fifth degree); 609.224, subdivision 2, paragraph (c) 
 85.1   (assault in the fifth degree by a caregiver against a vulnerable 
 85.2   adult); 609.2242 and 609.2243 (domestic assault); 609.23 
 85.3   (mistreatment of persons confined); 609.231 (mistreatment of 
 85.4   residents or patients); 609.2325 (criminal abuse of a vulnerable 
 85.5   adult); 609.233 (criminal neglect of a vulnerable adult); 
 85.6   609.2335 (financial exploitation of a vulnerable adult); 609.234 
 85.7   (failure to report maltreatment of a vulnerable adult); 609.265 
 85.8   (abduction); 609.275 (attempt to coerce); 609.324, subdivision 
 85.9   1a (other prohibited acts; minor engaged in prostitution); 
 85.10  609.33 (disorderly house); 609.3451 (criminal sexual conduct in 
 85.11  the fifth degree); misdemeanor or gross misdemeanor offenses 
 85.12  under 609.377 (malicious punishment of a child); misdemeanor or 
 85.13  gross misdemeanor offenses under 609.378 (neglect or 
 85.14  endangerment of a child); 609.52 (theft); 609.582 (burglary); 
 85.15  609.631 (check forgery; offering a forged check); 609.66 
 85.16  (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 
 85.17  (disorderly conduct against a vulnerable adult); repeat offenses 
 85.18  under 609.746 (interference with privacy); 609.749, subdivision 
 85.19  2 (harassment; stalking); repeat offenses under 617.23 (indecent 
 85.20  exposure); 617.241 (obscene materials and performances); 617.243 
 85.21  (indecent literature, distribution); 617.293 (harmful materials; 
 85.22  dissemination and display to minors prohibited); or violation of 
 85.23  an order for protection under section 518B.01, subdivision 14. 
 85.24     (b) An individual is disqualified under section 245C.14 if 
 85.25  less than ten years has passed since the individual's aiding and 
 85.26  abetting, attempt, or conspiracy to commit any of the offenses 
 85.27  listed in paragraph (a), as each of these offenses is defined in 
 85.28  Minnesota Statutes. 
 85.29     (c) An individual is disqualified under section 245C.14 if 
 85.30  less than ten years has passed since the discharge of the 
 85.31  sentence imposed for an offense in any other state or country, 
 85.32  the elements of which are substantially similar to the elements 
 85.33  of any of the offenses listed in paragraph (a). 
 85.34     (d) If the defendant is convicted of one of the gross 
 85.35  misdemeanors listed in paragraph (a), but the sentence is a 
 85.36  misdemeanor disposition, the individual is disqualified but the 
 86.1   disqualification lookback period for the conviction is the 
 86.2   period applicable to misdemeanors. 
 86.3      Sec. 9.  Minnesota Statutes 2004, section 245C.15, 
 86.4   subdivision 4, is amended to read: 
 86.5      Subd. 4.  [SEVEN-YEAR DISQUALIFICATION.] (a) An individual 
 86.6   is disqualified under section 245C.14 if:  (1) less than seven 
 86.7   years has passed since the discharge of the sentence imposed, if 
 86.8   any, for the offense; and (2) the individual has received 
 86.9   committed a misdemeanor conviction for a misdemeanor-level 
 86.10  violation of any of the following offenses:  sections 609.224 
 86.11  (assault in the fifth degree); 609.2242 (domestic assault); 
 86.12  609.2335 (financial exploitation of a vulnerable adult); 609.234 
 86.13  (failure to report maltreatment of a vulnerable adult); 609.2672 
 86.14  (assault of an unborn child in the third degree); 609.27 
 86.15  (coercion); violation of an order for protection under 609.3232 
 86.16  (protective order authorized; procedures; penalties); 609.52 
 86.17  (theft); 609.66 (dangerous weapons); 609.665 (spring guns); 
 86.18  609.746 (interference with privacy); 609.79 (obscene or 
 86.19  harassing phone telephone calls); 609.795 (letter, telegram, or 
 86.20  package; opening; harassment); 617.23 (indecent exposure; 
 86.21  penalties); 617.293 (harmful materials; dissemination and 
 86.22  display to minors prohibited); or violation of an order for 
 86.23  protection under section 518B.01 (Domestic Abuse Act). 
 86.24     (b) An individual is disqualified under section 245C.14 if 
 86.25  less than seven years has passed since a determination or 
 86.26  disposition of the individual's: 
 86.27     (1) failure to make required reports under section 626.556, 
 86.28  subdivision 3, or 626.557, subdivision 3, for incidents in 
 86.29  which:  (i) the final disposition under section 626.556 or 
 86.30  626.557 was substantiated maltreatment, and (ii) the 
 86.31  maltreatment was recurring or serious; or 
 86.32     (2) except for disqualifications under subdivision 1, 
 86.33  substantiated serious or recurring maltreatment of a minor under 
 86.34  section 626.556, a vulnerable adult under section 626.557, or 
 86.35  serious or recurring maltreatment in any other state, the 
 86.36  elements of which are substantially similar to the elements of 
 87.1   maltreatment under section 626.556 or 626.557 for which:  (i) 
 87.2   there is a preponderance of evidence that the maltreatment 
 87.3   occurred, and (ii) the subject was responsible for the 
 87.4   maltreatment. 
 87.5      (c) An individual is disqualified under section 245C.14 if 
 87.6   less than seven years has passed since the individual's attempt 
 87.7   or conspiracy to commit any of the offenses listed in paragraphs 
 87.8   (a) and (b), as each of these offenses is defined in Minnesota 
 87.9   Statutes. 
 87.10     (d) An individual is disqualified under section 245C.14 if 
 87.11  less than seven years has passed since the discharge of the 
 87.12  sentence imposed for an offense in any other state or country, 
 87.13  the elements of which are substantially similar to the elements 
 87.14  of any of the offenses listed in paragraphs (a) and (b). 
 87.15     Sec. 10.  Minnesota Statutes 2004, section 245C.17, 
 87.16  subdivision 1, is amended to read: 
 87.17     Subdivision 1.  [TIME FRAME FOR NOTICE OF STUDY RESULTS.] 
 87.18  (a) Within 15 working days after the commissioner's receipt of 
 87.19  the background study form, the commissioner shall notify the 
 87.20  individual who is the subject of the study in writing or by 
 87.21  electronic transmission of the results of the study or that more 
 87.22  time is needed to complete the study. 
 87.23     (b) Within 15 working days after the commissioner's receipt 
 87.24  of the background study form, the commissioner shall notify the 
 87.25  applicant, license holder, or other entity as provided in this 
 87.26  chapter in writing or by electronic transmission of the results 
 87.27  of the study or that more time is needed to complete the study. 
 87.28     (c) When the commissioner has completed a prior background 
 87.29  study on an individual that resulted in an order for immediate 
 87.30  removal and more time is necessary to complete a subsequent 
 87.31  study, the notice that more time is needed that is issued under 
 87.32  paragraphs (a) and (b) shall include an order for immediate 
 87.33  removal of the individual from any position allowing direct 
 87.34  contact with or access to people receiving services pending 
 87.35  completion of the background study. 
 87.36     Sec. 11.  Minnesota Statutes 2004, section 245C.17, 
 88.1   subdivision 2, is amended to read: 
 88.2      Subd. 2.  [DISQUALIFICATION NOTICE SENT TO SUBJECT.] (a) If 
 88.3   the information in the study indicates the individual is 
 88.4   disqualified from direct contact with, or from access to, 
 88.5   persons served by the program, the commissioner shall disclose 
 88.6   to the individual studied: 
 88.7      (1) the information causing disqualification; 
 88.8      (2) instructions on how to request a reconsideration of the 
 88.9   disqualification; and 
 88.10     (3) an explanation of any restrictions on the 
 88.11  commissioner's discretion to set aside the disqualification 
 88.12  under section 245C.24, subdivision 2, when applicable to the 
 88.13  individual; 
 88.14     (4) a statement indicating that if the individual's 
 88.15  disqualification is set aside or the facility is granted a 
 88.16  variance under section 245C.30, the individual's identity and 
 88.17  the reason for the individual's disqualification will become 
 88.18  public data; and 
 88.19     (5) the commissioner's determination of the individual's 
 88.20  immediate risk of harm under section 245C.16. 
 88.21     (b) If the commissioner determines under section 245C.16 
 88.22  that an individual poses an imminent risk of harm to persons 
 88.23  served by the program where the individual will have direct 
 88.24  contact, the commissioner's notice must include an explanation 
 88.25  of the basis of this determination. 
 88.26     (c) If the commissioner determines under section 245C.16 
 88.27  that an individual studied does not pose a risk of harm that 
 88.28  requires continuous, direct supervision, the commissioner shall 
 88.29  only notify the individual of the disqualification immediate 
 88.30  removal, the individual shall be informed of the conditions 
 88.31  under which the agency that initiated the background study may 
 88.32  allow the individual to provide direct contact services as 
 88.33  provided under subdivision 3. 
 88.34     Sec. 12.  Minnesota Statutes 2004, section 245C.17, 
 88.35  subdivision 3, is amended to read: 
 88.36     Subd. 3.  [DISQUALIFICATION NOTICE SENT TO APPLICANT, 
 89.1   LICENSE HOLDER, OR OTHER ENTITY.] (a) The commissioner shall 
 89.2   notify an applicant, license holder, or other entity as provided 
 89.3   in this chapter who is not the subject of the study: 
 89.4      (1) that the commissioner has found information that 
 89.5   disqualifies the individual studied from direct contact with, or 
 89.6   from access to, persons served by the program; and 
 89.7      (2) the commissioner's determination of the individual's 
 89.8   risk of harm under section 245C.16. 
 89.9      (b) If the commissioner determines under section 245C.16 
 89.10  that an individual studied poses an imminent risk of harm to 
 89.11  persons served by the program where the individual studied will 
 89.12  have direct contact, the commissioner shall order the license 
 89.13  holder to immediately remove the individual studied from direct 
 89.14  contact. 
 89.15     (c) If the commissioner determines under section 245C.16 
 89.16  that an individual studied poses a risk of harm that requires 
 89.17  continuous, direct supervision, the commissioner shall order the 
 89.18  applicant, license holder, or other entities as provided in this 
 89.19  chapter to: 
 89.20     (1) immediately remove the individual studied from direct 
 89.21  contact services; or 
 89.22     (2) before allowing the disqualified individual to provide 
 89.23  direct contact services, the applicant, license holder, or other 
 89.24  entity, as provided in this chapter, must: 
 89.25     (i) obtain from the disqualified individual a copy of the 
 89.26  individual's notice of disqualification from the commissioner 
 89.27  that explains the reason for disqualification; 
 89.28     (ii) assure ensure that the individual studied is under 
 89.29  continuous, direct supervision when providing direct contact 
 89.30  services during the period in which the individual may request a 
 89.31  reconsideration of the disqualification under section 245C.21; 
 89.32  and 
 89.33     (iii) ensure that the disqualified individual requests 
 89.34  reconsideration within 30 days of receipt of the notice of 
 89.35  disqualification. 
 89.36     (d) If the commissioner determines under section 245C.16 
 90.1   that an individual studied does not pose a risk of harm that 
 90.2   requires continuous, direct supervision, the commissioner shall 
 90.3   send the license holder a notice that more time is needed to 
 90.4   complete the individual's background study order the applicant, 
 90.5   license holder, or other entities as provided in this chapter to:
 90.6      (1) immediately remove the individual studied from direct 
 90.7   contact services; or 
 90.8      (2) before allowing the disqualified individual to provide 
 90.9   direct contact services, the applicant, license holder, or other 
 90.10  entity as provided in this chapter must:  
 90.11     (i) obtain from the disqualified individual a copy of the 
 90.12  individual's notice of disqualification from the commissioner 
 90.13  that explains the reason for disqualification; and 
 90.14     (ii) ensure that the disqualified individual requests 
 90.15  reconsideration within 15 days of receipt of the notice of 
 90.16  disqualification. 
 90.17     (e) The commissioner shall not notify the applicant, 
 90.18  license holder, or other entity as provided in this chapter of 
 90.19  the information contained in the subject's background study 
 90.20  unless: 
 90.21     (1) the basis for the disqualification is failure to 
 90.22  cooperate with the background study or substantiated 
 90.23  maltreatment under section 626.556 or 626.557; 
 90.24     (2) the Data Practices Act under chapter 13 provides for 
 90.25  release of the information; or 
 90.26     (3) the individual studied authorizes the release of the 
 90.27  information. 
 90.28     Sec. 13.  Minnesota Statutes 2004, section 245C.21, 
 90.29  subdivision 3, is amended to read: 
 90.30     Subd. 3.  [INFORMATION DISQUALIFIED INDIVIDUALS MUST 
 90.31  PROVIDE WHEN REQUESTING RECONSIDERATION.] The (a) When a 
 90.32  disqualified individual requesting reconsideration requests that 
 90.33  the commissioner rescind the disqualification, the individual 
 90.34  must submit information showing that: 
 90.35     (1) the information the commissioner relied upon in 
 90.36  determining the underlying conduct that gave rise to the 
 91.1   disqualification is incorrect; 
 91.2      (2) for disqualifications under section 245C.15, 
 91.3   subdivision 1, based on maltreatment, the information the 
 91.4   commissioner relied upon in determining that maltreatment 
 91.5   resulted in death or serious injury as defined under section 
 91.6   245C.02, subdivision 18, is incorrect; or 
 91.7      (3) for disqualifications under section 245C.15, 
 91.8   subdivision 4, based on maltreatment, the information the 
 91.9   commissioner relied upon in determining that maltreatment was 
 91.10  serious or recurring is incorrect; or. 
 91.11     (3) (b) When a disqualified individual requests that the 
 91.12  commissioner set aside a disqualification, the individual must 
 91.13  submit information showing that: 
 91.14     (1) the subject of the study does not pose a risk of harm 
 91.15  to any person served by the applicant, license holder, or other 
 91.16  entities as provided in this chapter, by addressing the 
 91.17  information required under section 245C.22, subdivision 4; and 
 91.18     (2) the disqualified individual has received a notice 
 91.19  stating that if the disqualification is set aside, the 
 91.20  individual's identity and the individual's disqualifying 
 91.21  characteristics will become public data. 
 91.22     Sec. 14.  Minnesota Statutes 2004, section 245C.21, 
 91.23  subdivision 4, is amended to read: 
 91.24     Subd. 4.  [NOTICE OF REQUEST FOR RECONSIDERATION.] Upon 
 91.25  request, the commissioner may inform the applicant, license 
 91.26  holder, or other entities as provided in this chapter who 
 91.27  received a notice of the individual's disqualification under 
 91.28  section 245C.17, subdivision 3, or has the consent of the 
 91.29  disqualified individual, whether the disqualified individual has 
 91.30  requested reconsideration. 
 91.31     Sec. 15.  Minnesota Statutes 2004, section 245C.22, is 
 91.32  amended by adding a subdivision to read: 
 91.33     Subd. 7.  [CLASSIFICATION OF CERTAIN DATA AS PUBLIC OR 
 91.34  PRIVATE.] (a) Notwithstanding section 13.46, upon setting aside 
 91.35  a disqualification under this section, the identity of the 
 91.36  disqualified individual who received the set aside and the 
 92.1   individual's disqualifying characteristics are public data. 
 92.2      (b) Notwithstanding section 13.46, upon granting a variance 
 92.3   to a license holder under section 245C.30, the identity of the 
 92.4   disqualified individual who is the subject of the variance, the 
 92.5   individual's disqualifying characteristics, and the terms of the 
 92.6   variance are public data. 
 92.7      (c) The identity of a disqualified individual and the 
 92.8   reason for disqualification remain private data when a 
 92.9   disqualification is: 
 92.10     (1) not set aside and no variance is granted; and 
 92.11     (2) rescinded because the information relied upon to 
 92.12  disqualify the individual is incorrect. 
 92.13     Sec. 16.  Minnesota Statutes 2004, section 245C.23, 
 92.14  subdivision 1, is amended to read: 
 92.15     Subdivision 1.  [COMMISSIONER'S NOTICE OF DISQUALIFICATION 
 92.16  THAT IS RESCINDED OR SET ASIDE.] (a) Except as provided under 
 92.17  paragraph (c), If the commissioner rescinds or sets aside a 
 92.18  disqualification, the commissioner shall notify the applicant or 
 92.19  license holder in writing or by electronic transmission of the 
 92.20  decision.  In the notice from the commissioner that a 
 92.21  disqualification has been rescinded, the commissioner must 
 92.22  inform the license holder that the information relied upon to 
 92.23  disqualify the individual was incorrect.  In the notice from the 
 92.24  commissioner that a disqualification has been set aside, the 
 92.25  commissioner must inform the license holder that information 
 92.26  about the nature of the reason for the individual's 
 92.27  disqualification and which factors under section 245C.22, 
 92.28  subdivision 4, were the basis of the decision to set aside the 
 92.29  disqualification are available to the license holder upon 
 92.30  request without the consent of the background study subject. 
 92.31     (b) With the written consent of the background study 
 92.32  subject, the commissioner may release to the license holder 
 92.33  copies of all information related to the background study 
 92.34  subject's disqualification and the commissioner's decision to 
 92.35  set aside the disqualification as specified in the written 
 92.36  consent. 
 93.1      (c) If the individual studied submits a timely request for 
 93.2   reconsideration under section 245C.21 and the license holder was 
 93.3   previously sent a notice under section 245C.17, subdivision 3, 
 93.4   paragraph (d), and if the commissioner sets aside the 
 93.5   disqualification for that license holder under section 245C.22, 
 93.6   the commissioner shall send the license holder the same 
 93.7   notification received by license holders in cases where the 
 93.8   individual studied has no disqualifying characteristic. 
 93.9      Sec. 17.  Minnesota Statutes 2004, section 245C.24, 
 93.10  subdivision 2, is amended to read: 
 93.11     Subd. 2.  [PERMANENT BAR TO SET ASIDE OF A 
 93.12  DISQUALIFICATION.] (a) Except as provided in paragraph (b), the 
 93.13  commissioner may not set aside the disqualification of an 
 93.14  individual in connection with a license to provide family child 
 93.15  care for children, foster care for children in the provider's 
 93.16  home, or foster care or day care services for adults in the 
 93.17  provider's home, issued or in application status under chapter 
 93.18  245A, regardless of how much time has passed, if the provider 
 93.19  was disqualified for a crime or conduct listed in section 
 93.20  245C.15, subdivision 1. 
 93.21     (b) Unless the disqualification under section 245C.15, 
 93.22  subdivision 1, relates to criminal sexual conduct or a license 
 93.23  to provide family child care, child foster care, adult day 
 93.24  services, or adult foster care in the license holder's 
 93.25  residence, the commissioner is not prohibited from setting aside 
 93.26  a disqualification according to section 245C.22, for an 
 93.27  individual who, in addition to criteria under section 245A.22, 
 93.28  demonstrates to the commissioner that: 
 93.29     (1) the person was disqualified because of conduct 
 93.30  prohibited by section 152.021, 152.022, 152.023, or 152.024; 
 93.31     (2) the individual has successfully completed chemical 
 93.32  dependency treatment from a program licensed by the Department 
 93.33  of Human Services or operated by the Department of Corrections; 
 93.34     (3) at least five years have passed since completion of the 
 93.35  treatment program; and 
 93.36     (4) the individual has not engaged in any criminal or 
 94.1   maltreatment behavior since completing treatment. 
 94.2      Sec. 18.  Minnesota Statutes 2004, section 245C.24, 
 94.3   subdivision 3, is amended to read: 
 94.4      Subd. 3.  [TEN-YEAR BAR TO SET ASIDE DISQUALIFICATION.] (a) 
 94.5   Except as provided in paragraph (d), the commissioner may not 
 94.6   set aside the disqualification of an individual in connection 
 94.7   with a license to provide family child care for children, foster 
 94.8   care for children in the provider's home, or foster care or day 
 94.9   care services for adults in the provider's home under chapter 
 94.10  245A if:  (1) less than ten years has passed since the discharge 
 94.11  of the sentence imposed, if any, for the offense; and (2) the 
 94.12  individual has been convicted of disqualified for a violation of 
 94.13  any of the following offenses:  sections 609.165 (felon 
 94.14  ineligible to possess firearm); criminal vehicular homicide 
 94.15  under 609.21 (criminal vehicular homicide and injury); 609.215 
 94.16  (aiding suicide or aiding attempted suicide); felony violations 
 94.17  under 609.223 or 609.2231 (assault in the third or fourth 
 94.18  degree); 609.713 (terroristic threats); 609.235 (use of drugs to 
 94.19  injure or to facilitate crime); 609.24 (simple robbery); 609.255 
 94.20  (false imprisonment); 609.562 (arson in the second degree); 
 94.21  609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first 
 94.22  degree or first degree tampering with a witness); burglary in 
 94.23  the first or second degree under 609.582, subdivision 
 94.24  2 (burglary in the second degree); 609.66, subdivision 1, 1a, 
 94.25  1b, 1c, 1d, 1f, 1g, or 1h (dangerous weapon); 609.665 (spring 
 94.26  guns); 609.67 (machine guns and short-barreled shotguns); 
 94.27  609.749, subdivision 2 (gross misdemeanor harassment; stalking); 
 94.28  152.021 or 152.022 (controlled substance crime in the first or 
 94.29  second degree); 152.023, subdivision 1, clause (3) or (4) or 
 94.30  subdivision 2, clause (4) (controlled substance crime in the 
 94.31  third degree); 152.024, subdivision 1, clause (2), (3), or (4) 
 94.32  (controlled substance crime in the fourth degree); 609.224, 
 94.33  subdivision 2, paragraph (c) (fifth degree assault by a 
 94.34  caregiver against a vulnerable adult); 609.23 (mistreatment of 
 94.35  persons confined); 609.231 (mistreatment of residents or 
 94.36  patients); 609.2325 (criminal abuse of a vulnerable adult); 
 95.1   609.233 (criminal neglect of a vulnerable adult); 609.2335 
 95.2   (financial exploitation of a vulnerable adult); 609.234 (failure 
 95.3   to report); 609.265 (abduction); 609.2664 to 609.2665 
 95.4   (manslaughter of an unborn child in the first or second degree); 
 95.5   609.267 to 609.2672 (assault of an unborn child in the first, 
 95.6   second, or third degree); 609.268 (injury or death of an unborn 
 95.7   child in the commission of a crime); 617.293 (disseminating or 
 95.8   displaying harmful material to minors); a felony-level 
 95.9   conviction involving alcohol or drug use, a gross misdemeanor 
 95.10  offense under 609.324, subdivision 1 (other prohibited acts); a 
 95.11  gross misdemeanor offense under 609.378 (neglect or endangerment 
 95.12  of a child); a gross misdemeanor offense under 609.377 
 95.13  (malicious punishment of a child); or 609.72, subdivision 3 
 95.14  (disorderly conduct against a vulnerable adult). 
 95.15     (b) The commissioner may not set aside the disqualification 
 95.16  of an individual if less than ten years have passed since the 
 95.17  individual's aiding and abetting, attempt, or conspiracy to 
 95.18  commit any of the offenses listed in paragraph (a) as each of 
 95.19  these offenses is defined in Minnesota Statutes. 
 95.20     (c) The commissioner may not set aside the disqualification 
 95.21  of an individual if less than ten years have passed since the 
 95.22  discharge of the sentence imposed for an offense in any other 
 95.23  state or country, the elements of which are substantially 
 95.24  similar to the elements of any of the offenses listed in 
 95.25  paragraph (a). 
 95.26     (d) Unless the disqualification under paragraph (a) relates 
 95.27  to a license to provide family child care, child foster care, 
 95.28  adult day services, or adult foster care in the license holder's 
 95.29  residence, the commissioner is not prohibited from setting aside 
 95.30  a disqualification for disqualification listed in paragraph (a) 
 95.31  according to section 245C.22, for an individual who, in addition 
 95.32  to criteria under section 245A.22, demonstrates to the 
 95.33  commissioner that: 
 95.34     (1) the person was disqualified because of conduct 
 95.35  prohibited by section 152.021, 152.022, 152.023, or 152.024; 
 95.36     (2) the individual has successfully completed chemical 
 96.1   dependency treatment from a program licensed by the Department 
 96.2   of Human Services or operated by the Department of Corrections; 
 96.3      (3) at least five years have passed since completion of the 
 96.4   treatment program; and 
 96.5      (4) the individual has not engaged in any criminal or 
 96.6   maltreatment behavior since completing treatment. 
 96.7      Sec. 19.  Minnesota Statutes 2004, section 245C.24, 
 96.8   subdivision 4, is amended to read: 
 96.9      Subd. 4.  [SEVEN-YEAR BAR TO SET ASIDE DISQUALIFICATION.] 
 96.10  (a) Except as provided in paragraph (b), the commissioner may 
 96.11  not set aside the disqualification of an individual in 
 96.12  connection with a license to provide family child care for 
 96.13  children, foster care for children in the provider's home, or 
 96.14  foster care or day care services for adults in the provider's 
 96.15  home under chapter 245A if within seven years preceding the 
 96.16  study: 
 96.17     (1) the individual committed an act that constitutes was 
 96.18  determined to be responsible for maltreatment of a child under 
 96.19  section 626.556, subdivision 10e, and: 
 96.20     (i) the maltreatment is a disqualification under section 
 96.21  245C.15, subdivision 4; and 
 96.22     (ii) the maltreatment resulted in substantial bodily harm 
 96.23  as defined in section 609.02, subdivision 7a, or substantial 
 96.24  mental or emotional harm as supported by competent psychological 
 96.25  or psychiatric evidence; or 
 96.26     (2) the individual was determined to be responsible for 
 96.27  maltreatment under section 626.557 to be the perpetrator of a 
 96.28  substantiated incident of maltreatment of a vulnerable adult 
 96.29  that, and: 
 96.30     (i) the maltreatment is a disqualification under section 
 96.31  245C.15, subdivision 4; and 
 96.32     (ii) the maltreatment resulted in substantial bodily harm 
 96.33  as defined in section 609.02, subdivision 7a, or substantial 
 96.34  mental or emotional harm as supported by competent psychological 
 96.35  or psychiatric evidence. 
 96.36     (b) Unless the disqualification under paragraph (a) relates 
 97.1   to a license to provide family child care, child foster care, 
 97.2   adult day services, or adult foster care in the license holder's 
 97.3   residence, the commissioner is not prohibited from setting aside 
 97.4   a disqualification for disqualification listed in paragraph (a) 
 97.5   according to section 245C.22, for an individual who, in addition 
 97.6   to criteria under section 245A.22, demonstrates to the 
 97.7   commissioner that: 
 97.8      (1) the person was disqualified because of conduct 
 97.9   prohibited by section 152.021, 152.022, 152.023, or 152.024; 
 97.10     (2) the individual has successfully completed chemical 
 97.11  dependency treatment from a program licensed by the Department 
 97.12  of Human Services or operated by the Department of Corrections; 
 97.13     (3) at least five years have passed since completion of the 
 97.14  treatment program; and 
 97.15     (4) the individual has not engaged in any criminal or 
 97.16  maltreatment behavior since completing treatment. 
 97.17     Sec. 20.  Minnesota Statutes 2004, section 245C.24, is 
 97.18  amended by adding a subdivision to read: 
 97.19     Subd. 6.  [NOTIFICATION OF DISQUALIFICATIONS.] The 
 97.20  commissioner shall expand notification of disqualifications to 
 97.21  entities and inform the public about disqualifications as 
 97.22  provided under this chapter and section 13.46. 
 97.23     Sec. 21.  Minnesota Statutes 2004, section 245C.30, 
 97.24  subdivision 1, is amended to read: 
 97.25     Subdivision 1.  [LICENSE HOLDER VARIANCE.] (a) Except for 
 97.26  any disqualification under section 245C.15, subdivision 1, when 
 97.27  the commissioner has not set aside a background study subject's 
 97.28  disqualification, and there are conditions under which the 
 97.29  disqualified individual may provide direct contact services or 
 97.30  have access to people receiving services that minimize the risk 
 97.31  of harm to people receiving services, the commissioner may grant 
 97.32  a time-limited variance to a license holder. 
 97.33     (b) The variance shall state the reason for the 
 97.34  disqualification, the services that may be provided by the 
 97.35  disqualified individual, and the conditions with which the 
 97.36  license holder or applicant must comply for the variance to 
 98.1   remain in effect. 
 98.2      (c) Except for programs licensed to provide family child 
 98.3   care for children, foster care for children in the provider's 
 98.4   own home, or foster care or day care services for adults in the 
 98.5   provider's own home, the variance must be requested by the 
 98.6   license holder. 
 98.7      Sec. 22.  Minnesota Statutes 2004, section 245C.30, 
 98.8   subdivision 2, is amended to read: 
 98.9      Subd. 2.  [DISCLOSURE OF REASON FOR DISQUALIFICATION.] (a) 
 98.10  The commissioner may not grant a variance for a disqualified 
 98.11  individual unless the applicant or license holder requests the 
 98.12  variance and the disqualified individual provides written 
 98.13  consent for the commissioner to disclose to the applicant or 
 98.14  license holder the reason for the disqualification; and the 
 98.15  commissioner has documentation showing that the disqualified 
 98.16  individual has been informed that if the variance is granted, 
 98.17  the individual's identity, reason for disqualification, and 
 98.18  terms of the variance will become public data. 
 98.19     (b) This subdivision does not apply to programs licensed to 
 98.20  provide family child care for children, foster care for children 
 98.21  in the provider's own home, or foster care or day care services 
 98.22  for adults in the provider's own home. 
 98.23     Sec. 23.  Minnesota Statutes 2004, section 626.557, 
 98.24  subdivision 12b, is amended to read: 
 98.25     Subd. 12b.  [DATA MANAGEMENT.] (a)  [COUNTY DATA.] In 
 98.26  performing any of the duties of this section as a lead agency, 
 98.27  the county social service agency shall maintain appropriate 
 98.28  records.  Data collected by the county social service agency 
 98.29  under this section are welfare data under section 13.46.  
 98.30  Notwithstanding section 13.46, subdivision 1, paragraph (a), 
 98.31  data under this paragraph that are inactive investigative data 
 98.32  on an individual who is a vendor of services are private data on 
 98.33  individuals, as defined in section 13.02.  The identity of the 
 98.34  reporter may only be disclosed as provided in paragraph (c). 
 98.35     Data maintained by the common entry point are confidential 
 98.36  data on individuals or protected nonpublic data as defined in 
 99.1   section 13.02.  Notwithstanding section 138.163, the common 
 99.2   entry point shall destroy data three calendar years after date 
 99.3   of receipt. 
 99.4      (b)  [LEAD AGENCY DATA.] The commissioners of health and 
 99.5   human services shall prepare an investigation memorandum for 
 99.6   each report alleging maltreatment investigated under this 
 99.7   section.  During an investigation by the commissioner of health 
 99.8   or the commissioner of human services, data collected under this 
 99.9   section are confidential data on individuals or protected 
 99.10  nonpublic data as defined in section 13.02.  Upon completion of 
 99.11  the investigation, the data are classified as provided in 
 99.12  clauses (1) to (3) and paragraph (c). 
 99.13     (1) The investigation memorandum must contain the following 
 99.14  data, which are public: 
 99.15     (i) the name of the facility investigated; 
 99.16     (ii) a statement of the nature of the alleged maltreatment; 
 99.17     (iii) pertinent information obtained from medical or other 
 99.18  records reviewed; 
 99.19     (iv) the identity of the investigator; 
 99.20     (v) a summary of the investigation's findings; 
 99.21     (vi) statement of whether the report was found to be 
 99.22  substantiated, inconclusive, false, or that no determination 
 99.23  will be made; 
 99.24     (vii) a statement of any action taken by the facility; 
 99.25     (viii) a statement of any action taken by the lead agency; 
 99.26  and 
 99.27     (ix) when a lead agency's determination has substantiated 
 99.28  maltreatment, a statement of whether an individual, individuals, 
 99.29  or a facility were responsible for the substantiated 
 99.30  maltreatment, if known. 
 99.31     The investigation memorandum must be written in a manner 
 99.32  which protects the identity of the reporter and of the 
 99.33  vulnerable adult and may not contain the names or, to the extent 
 99.34  possible, data on individuals or private data listed in clause 
 99.35  (2). 
 99.36     (2) Data on individuals collected and maintained in the 
100.1   investigation memorandum are private data, including: 
100.2      (i) the name of the vulnerable adult; 
100.3      (ii) the identity of the individual alleged to be the 
100.4   perpetrator; 
100.5      (iii) the identity of the individual substantiated as the 
100.6   perpetrator; and 
100.7      (iv) the identity of all individuals interviewed as part of 
100.8   the investigation. 
100.9      (3) Other data on individuals maintained as part of an 
100.10  investigation under this section are private data on individuals 
100.11  upon completion of the investigation. 
100.12     (c)  [IDENTITY OF REPORTER.] The subject of the report may 
100.13  compel disclosure of the name of the reporter only with the 
100.14  consent of the reporter or upon a written finding by a court 
100.15  that the report was false and there is evidence that the report 
100.16  was made in bad faith.  This subdivision does not alter 
100.17  disclosure responsibilities or obligations under the Rules of 
100.18  Criminal Procedure, except that where the identity of the 
100.19  reporter is relevant to a criminal prosecution, the district 
100.20  court shall do an in-camera review prior to determining whether 
100.21  to order disclosure of the identity of the reporter. 
100.22     (d)  [DESTRUCTION OF DATA.] Notwithstanding section 
100.23  138.163, data maintained under this section by the commissioners 
100.24  of health and human services must be destroyed under the 
100.25  following schedule: 
100.26     (1) data from reports determined to be false, two years 
100.27  after the finding was made; 
100.28     (2) data from reports determined to be inconclusive, four 
100.29  years after the finding was made; 
100.30     (3) data from reports determined to be substantiated, seven 
100.31  at least ten years after the finding was made; and 
100.32     (4) data from reports which were not investigated by a lead 
100.33  agency and for which there is no final disposition, two years 
100.34  from the date of the report. 
100.35     (e)  [SUMMARY OF REPORTS.] The commissioners of health and 
100.36  human services shall each annually report to the legislature and 
101.1   the governor on the number and type of reports of alleged 
101.2   maltreatment involving licensed facilities reported under this 
101.3   section, the number of those requiring investigation under this 
101.4   section, and the resolution of those investigations.  The report 
101.5   shall identify: 
101.6      (1) whether and where backlogs of cases result in a failure 
101.7   to conform with statutory time frames; 
101.8      (2) where adequate coverage requires additional 
101.9   appropriations and staffing; and 
101.10     (3) any other trends that affect the safety of vulnerable 
101.11  adults. 
101.12     (f)  [RECORD RETENTION POLICY.] Each lead agency must have 
101.13  a record retention policy. 
101.14     (g)  [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting 
101.15  authorities, and law enforcement agencies may exchange not 
101.16  public data, as defined in section 13.02, if the agency or 
101.17  authority requesting the data determines that the data are 
101.18  pertinent and necessary to the requesting agency in initiating, 
101.19  furthering, or completing an investigation under this section.  
101.20  Data collected under this section must be made available to 
101.21  prosecuting authorities and law enforcement officials, local 
101.22  county agencies, and licensing agencies investigating the 
101.23  alleged maltreatment under this section.  The lead agency shall 
101.24  exchange not public data with the vulnerable adult maltreatment 
101.25  review panel established in section 256.021 if the data are 
101.26  pertinent and necessary for a review requested under that 
101.27  section.  Upon completion of the review, not public data 
101.28  received by the review panel must be returned to the lead agency.
101.29     (h)  [COMPLETION TIME.] Each lead agency shall keep records 
101.30  of the length of time it takes to complete its investigations. 
101.31     (i)  [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead 
101.32  agency may notify other affected parties and their authorized 
101.33  representative if the agency has reason to believe maltreatment 
101.34  has occurred and determines the information will safeguard the 
101.35  well-being of the affected parties or dispel widespread rumor or 
101.36  unrest in the affected facility. 
102.1      (j)  [FEDERAL REQUIREMENTS.] Under any notification 
102.2   provision of this section, where federal law specifically 
102.3   prohibits the disclosure of patient identifying information, a 
102.4   lead agency may not provide any notice unless the vulnerable 
102.5   adult has consented to disclosure in a manner which conforms to 
102.6   federal requirements. 
102.7                              ARTICLE 7
102.8                             SEX OFFENDER 
102.9         MISCELLANEOUS, TECHNICAL, AND CONFORMING PROVISIONS
102.10     Section 1.  Minnesota Statutes 2004, section 13.871, 
102.11  subdivision 5, is amended to read: 
102.12     Subd. 5.  [CRIME VICTIMS.] (a) [CRIME VICTIM NOTICE OF 
102.13  RELEASE.] Data on crime victims who request notice of an 
102.14  offender's release are classified under section 611A.06.  
102.15     (b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex 
102.16  offenders under section 611A.19, subdivision 2, are classified 
102.17  under that section.  
102.18     (c) [BATTERED WOMEN.] Data on battered women maintained by 
102.19  grantees for emergency shelter and support services for battered 
102.20  women are governed by section 611A.32, subdivision 5.  
102.21     (d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and 
102.22  victims of domestic abuse maintained by grantees and recipients 
102.23  of per diem payments for emergency shelter for battered women 
102.24  and support services for battered women and victims of domestic 
102.25  abuse are governed by sections 611A.32, subdivision 5, and 
102.26  611A.371, subdivision 3. 
102.27     (e) [PERSONAL HISTORY; INTERNAL AUDITING.] Certain personal 
102.28  history and internal auditing data is classified by section 
102.29  611A.46. 
102.30     (f) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and 
102.31  supporting documents filed by crime victims seeking reparations 
102.32  are classified under section 611A.57, subdivision 6.  
102.33     (g) [CRIME VICTIM OVERSIGHT ACT.] Data maintained by the 
102.34  commissioner of public safety under the Crime Victim Oversight 
102.35  Act are classified under section 611A.74, subdivision 2.  
102.36     (h) [VICTIM IDENTITY DATA.] Data relating to the identity 
103.1   of the victims of certain criminal sexual conduct is governed by 
103.2   section 609.2471. 
103.3      Sec. 2.  Minnesota Statutes 2004, section 144.335, is 
103.4   amended by adding a subdivision to read: 
103.5      Subd. 3d.  [CRIMINAL HISTORY INFORMATION; 
103.6   CLASSIFICATION.] A provider that receives criminal history 
103.7   information about a patient from the Department of Corrections 
103.8   or the Department of Human Services must include that 
103.9   information in the patient's health record.  The criminal 
103.10  history information may only be used and disclosed as provided 
103.11  in this section and applicable federal law. 
103.12     Sec. 3.  Minnesota Statutes 2004, section 241.67, 
103.13  subdivision 3, is amended to read: 
103.14     Subd. 3.  [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE 
103.15  COMMISSIONER.] (a) The commissioner shall provide for a range of 
103.16  sex offender programs, including intensive sex offender 
103.17  programs, within the state adult correctional facility system.  
103.18  Participation in any program is subject to the rules and 
103.19  regulations of the Department of Corrections.  Nothing in this 
103.20  section requires the commissioner to accept or retain an 
103.21  offender in a program if the offender is determined by prison 
103.22  professionals as unamenable to programming within the prison 
103.23  system or if the offender refuses or fails to comply with the 
103.24  program's requirements.  Nothing in this section creates a right 
103.25  of an offender to treatment.  
103.26     (b) The commissioner shall develop a plan to provide for 
103.27  residential and outpatient sex offender programming and 
103.28  aftercare when required for conditional release under section 
103.29  609.108 or as a condition of supervised release.  The plan may 
103.30  include co-payments from the offender, third-party payers, local 
103.31  agencies, or other funding sources as they are identified. 
103.32     Sec. 4.  Minnesota Statutes 2004, section 242.195, 
103.33  subdivision 1, is amended to read: 
103.34     Subdivision 1.  [SEX OFFENDER PROGRAMS.] (a) The 
103.35  commissioner of corrections shall develop a plan to provide for 
103.36  a range of sex offender programs, including intensive sex 
104.1   offender programs, for juveniles within state juvenile 
104.2   correctional facilities and through purchase of service from 
104.3   county and private residential and outpatient juvenile sex 
104.4   offender programs.  The plan may include co-payments from the 
104.5   offenders, third-party payers, local agencies, and other funding 
104.6   sources as they are identified.  
104.7      (b) The commissioner shall establish and operate a 
104.8   residential sex offender program at one of the state juvenile 
104.9   correctional facilities.  The program must be structured to 
104.10  address both the therapeutic and disciplinary needs of juvenile 
104.11  sex offenders.  The program must afford long-term residential 
104.12  treatment for a range of juveniles who have committed sex 
104.13  offenses and have failed other treatment programs or are not 
104.14  likely to benefit from an outpatient or a community-based 
104.15  residential treatment program. 
104.16     Sec. 5.  Minnesota Statutes 2004, section 243.166, 
104.17  subdivision 1, is amended to read: 
104.18     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
104.19  register under this section if:  
104.20     (1) the person was charged with or petitioned for a felony 
104.21  violation of or attempt to violate any of the following, and 
104.22  convicted of or adjudicated delinquent for that offense or 
104.23  another offense arising out of the same set of circumstances: 
104.24     (i) murder under section 609.185, clause (2); or 
104.25     (ii) kidnapping under section 609.25; or 
104.26     (iii) criminal sexual conduct under section 609.342; 
104.27  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
104.28  609.3453; or 
104.29     (iv) indecent exposure under section 617.23, subdivision 3; 
104.30  or 
104.31     (2) the person was charged with or petitioned for falsely 
104.32  imprisoning a minor in violation of section 609.255, subdivision 
104.33  2; soliciting a minor to engage in prostitution in violation of 
104.34  section 609.322 or 609.324; soliciting a minor to engage in 
104.35  sexual conduct in violation of section 609.352; using a minor in 
104.36  a sexual performance in violation of section 617.246; or 
105.1   possessing pornographic work involving a minor in violation of 
105.2   section 617.247, and convicted of or adjudicated delinquent for 
105.3   that offense or another offense arising out of the same set of 
105.4   circumstances; or 
105.5      (3) the person was convicted of a predatory crime as 
105.6   defined in section 609.108, and the offender was sentenced as a 
105.7   patterned sex offender or the court found on its own motion or 
105.8   that of the prosecutor that the crime was part of a predatory 
105.9   pattern of behavior that had criminal sexual conduct as its goal 
105.10  as a patterned sex offender under section 609.108; or 
105.11     (4) the person was convicted of or adjudicated delinquent 
105.12  for, including pursuant to a court martial, violating a law of 
105.13  the United States, including the Uniform Code of Military 
105.14  Justice, similar to the offenses described in clause (1), (2), 
105.15  or (3). 
105.16     (b) A person also shall register under this section if: 
105.17     (1) the person was convicted of or adjudicated delinquent 
105.18  in another state for an offense that would be a violation of a 
105.19  law described in paragraph (a) if committed in this state; 
105.20     (2) the person enters the state to reside, or to work or 
105.21  attend school; and 
105.22     (3) ten years have not elapsed since the person was 
105.23  released from confinement or, if the person was not confined, 
105.24  since the person was convicted of or adjudicated delinquent for 
105.25  the offense that triggers registration, unless the person is 
105.26  subject to lifetime registration, in which case the person must 
105.27  register for life regardless of when the person was released 
105.28  from confinement, convicted, or adjudicated delinquent. 
105.29  For purposes of this paragraph: 
105.30     (i) "school" includes any public or private educational 
105.31  institution, including any secondary school, trade or 
105.32  professional institution, or institution of higher education, 
105.33  that the person is enrolled in on a full-time or part-time 
105.34  basis; and 
105.35     (ii) "work" includes employment that is full time or part 
105.36  time for a period of time exceeding 14 days or for an aggregate 
106.1   period of time exceeding 30 days during any calendar year, 
106.2   whether financially compensated, volunteered, or for the purpose 
106.3   of government or educational benefit. 
106.4      (c) A person also shall register under this section if the 
106.5   person was committed pursuant to a court commitment order under 
106.6   section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
106.7   a similar law of another state or the United States, regardless 
106.8   of whether the person was convicted of any offense. 
106.9      (d) A person also shall register under this section if: 
106.10     (1) the person was charged with or petitioned for a felony 
106.11  violation or attempt to violate any of the offenses listed in 
106.12  paragraph (a), clause (1), or a similar law of another state or 
106.13  the United States, or the person was charged with or petitioned 
106.14  for a violation of any of the offenses listed in paragraph (a), 
106.15  clause (2), or a similar law of another state or the United 
106.16  States; 
106.17     (2) the person was found not guilty by reason of mental 
106.18  illness or mental deficiency after a trial for that offense, or 
106.19  found guilty but mentally ill after a trial for that offense, in 
106.20  states with a guilty but mentally ill verdict; and 
106.21     (3) the person was committed pursuant to a court commitment 
106.22  order under section 253B.18 or a similar law of another state or 
106.23  the United States. 
106.24     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
106.25  and applies to crimes committed on or after that date. 
106.26     Sec. 6.  Minnesota Statutes 2004, section 244.05, 
106.27  subdivision 6, is amended to read: 
106.28     Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
106.29  may order that an inmate be placed on intensive supervised 
106.30  release for all or part of the inmate's supervised release or 
106.31  parole term if the commissioner determines that the action will 
106.32  further the goals described in section 244.14, subdivision 1, 
106.33  clauses (2), (3), and (4).  In addition, the commissioner may 
106.34  order that an inmate be placed on intensive supervised release 
106.35  for all of the inmate's conditional or supervised release term 
106.36  if the inmate was convicted of a sex offense under sections 
107.1   section 609.342 to, 609.343, 609.344, 609.345, or 609.3453 or 
107.2   was sentenced under the provisions of section 609.108.  The 
107.3   commissioner shall order that all level III sex offenders be 
107.4   placed on intensive supervised release for the entire supervised 
107.5   release, conditional release, or parole term.  As a condition of 
107.6   release, level III sex offenders must submit to polygraph tests 
107.7   at the commissioner's request.  The scope of the polygraph tests 
107.8   is limited to an offender's conditions of release while on 
107.9   intensive supervised release.  The commissioner may impose 
107.10  appropriate conditions of release on the inmate including but 
107.11  not limited to unannounced searches of the inmate's person, 
107.12  vehicle, or premises by an intensive supervision agent; 
107.13  compliance with court-ordered restitution, if any; random drug 
107.14  testing; house arrest; daily curfews; frequent face-to-face 
107.15  contacts with an assigned intensive supervision agent; work, 
107.16  education, or treatment requirements; and electronic 
107.17  surveillance.  In addition, any sex offender placed on intensive 
107.18  supervised release may be ordered to participate in an 
107.19  appropriate sex offender program as a condition of release.  If 
107.20  the inmate violates the conditions of the intensive supervised 
107.21  release, the commissioner shall impose sanctions as provided in 
107.22  subdivision 3 and section 609.108.  
107.23     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
107.24  and applies to crimes committed on or after that date. 
107.25     Sec. 7.  Minnesota Statutes 2004, section 244.05, 
107.26  subdivision 7, is amended to read: 
107.27     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
107.28  (a) Before the commissioner releases from prison any inmate 
107.29  convicted under sections section 609.342 to, 609.343, 609.344, 
107.30  609.345, or 609.3453 or sentenced as a patterned offender under 
107.31  section 609.108, and determined by the commissioner to be in a 
107.32  high risk category, the commissioner shall make a preliminary 
107.33  determination whether, in the commissioner's opinion, a petition 
107.34  under section 253B.185 may be appropriate.  
107.35     (b) In making this decision, the commissioner shall have 
107.36  access to the following data only for the purposes of the 
108.1   assessment and referral decision: 
108.2      (1) private medical data under section 13.384 or 144.335, 
108.3   or welfare data under section 13.46 that relate to medical 
108.4   treatment of the offender; 
108.5      (2) private and confidential court services data under 
108.6   section 13.84; 
108.7      (3) private and confidential corrections data under section 
108.8   13.85; and 
108.9      (4) private criminal history data under section 13.87. 
108.10     (c) If the commissioner determines that a petition may be 
108.11  appropriate, the commissioner shall forward this determination, 
108.12  along with a summary of the reasons for the determination, to 
108.13  the county attorney in the county where the inmate was convicted 
108.14  no later than 12 months before the inmate's release date.  If 
108.15  the inmate is received for incarceration with fewer than 12 
108.16  months remaining in the inmate's term of imprisonment, or if the 
108.17  commissioner receives additional information less than 12 months 
108.18  before release which makes the inmate's case appropriate for 
108.19  referral, the commissioner shall forward the determination as 
108.20  soon as is practicable.  Upon receiving the commissioner's 
108.21  preliminary determination, the county attorney shall proceed in 
108.22  the manner provided in section 253B.185.  The commissioner shall 
108.23  release to the county attorney all requested documentation 
108.24  maintained by the department.  
108.25     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
108.26  and applies to crimes committed on or after that date. 
108.27     Sec. 8.  Minnesota Statutes 2004, section 253B.18, 
108.28  subdivision 5, is amended to read: 
108.29     Subd. 5.  [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 
108.30  (a) A petition for an order of transfer, discharge, provisional 
108.31  discharge, or revocation of provisional discharge shall be filed 
108.32  with the commissioner and may be filed by the patient or by the 
108.33  head of the treatment facility.  A patient may not petition the 
108.34  special review board for six months following commitment under 
108.35  subdivision 3 or following the final disposition of any previous 
108.36  petition and subsequent appeal by the patient.  The medical 
109.1   director may petition at any time.  
109.2      (b) Fourteen days prior to the hearing, the committing 
109.3   court, the county attorney of the county of commitment, the 
109.4   designated agency, interested person, the petitioner, and the 
109.5   petitioner's counsel shall be given written notice by the 
109.6   commissioner of the time and place of the hearing before the 
109.7   special review board.  Only those entitled to statutory notice 
109.8   of the hearing or those administratively required to attend may 
109.9   be present at the hearing.  The patient may designate interested 
109.10  persons to receive notice by providing the names and addresses 
109.11  to the commissioner at least 21 days before the hearing.  The 
109.12  board shall provide the commissioner with written findings of 
109.13  fact and recommendations within 21 days of the hearing.  The 
109.14  commissioner shall issue an order no later than 14 days after 
109.15  receiving the recommendation of the special review board.  A 
109.16  copy of the order shall be sent by certified mail to every 
109.17  person entitled to statutory notice of the hearing within five 
109.18  days after it is signed.  No order by the commissioner shall be 
109.19  effective sooner than 30 days after the order is signed, unless 
109.20  the county attorney, the patient, and the commissioner agree 
109.21  that it may become effective sooner.  
109.22     (c) The special review board shall hold a hearing on each 
109.23  petition prior to making its recommendation to the 
109.24  commissioner.  The special review board proceedings are not 
109.25  contested cases as defined in chapter 14.  Any person or agency 
109.26  receiving notice that submits documentary evidence to the 
109.27  special review board prior to the hearing shall also provide 
109.28  copies to the patient, the patient's counsel, the county 
109.29  attorney of the county of commitment, the case manager, and the 
109.30  commissioner. 
109.31     (d) Prior to the final decision by the commissioner, the 
109.32  special review board may be reconvened to consider events or 
109.33  circumstances that occurred subsequent to the hearing. 
109.34     (e) In making their recommendations and order, the special 
109.35  review board and commissioner must consider any statements 
109.36  received from victims under subdivision 5a. 
110.1      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
110.2      Sec. 9.  Minnesota Statutes 2004, section 253B.18, is 
110.3   amended by adding a subdivision to read: 
110.4      Subd. 5a.  [VICTIM NOTIFICATION OF PETITION AND RELEASE; 
110.5   RIGHT TO SUBMIT STATEMENT.] (a) As used in this subdivision:  
110.6      (1) "crime" has the meaning given to "violent crime" in 
110.7   section 609.1095, and includes criminal sexual conduct in the 
110.8   fifth degree and offenses within the definition of "crime 
110.9   against the person" in section 253B.02, subdivision 4a, and also 
110.10  includes offenses listed in section 253B.02, subdivision 7a, 
110.11  paragraph (b), regardless of whether they are sexually 
110.12  motivated; 
110.13     (2) "victim" means a person who has incurred loss or harm 
110.14  as a result of a crime the behavior for which forms the basis 
110.15  for a commitment under this section or section 253B.185; and 
110.16     (3) "convicted" and "conviction" have the meanings given in 
110.17  section 609.02, subdivision 5, and also include juvenile court 
110.18  adjudications; findings under Minnesota Rules of Criminal 
110.19  Procedure, Rule 20.02, that the elements of a crime have been 
110.20  proved; and findings in commitment cases under this section or 
110.21  section 253B.185 that an act or acts constituting a crime 
110.22  occurred.  
110.23     (b) A county attorney who files a petition to commit a 
110.24  person under this section or section 253B.185 shall make a 
110.25  reasonable effort to provide prompt notice of filing the 
110.26  petition to any victim of a crime for which the person was 
110.27  convicted.  In addition, the county attorney shall make a 
110.28  reasonable effort to promptly notify the victim of the 
110.29  resolution of the petition.  
110.30     (c) Before provisionally discharging, discharging, granting 
110.31  pass-eligible status, approving a pass plan, or otherwise 
110.32  permanently or temporarily releasing a person committed under 
110.33  this section or section 253B.185 from a treatment facility, the 
110.34  head of the treatment facility shall make a reasonable effort to 
110.35  notify any victim of a crime for which the person was convicted 
110.36  that the person may be discharged or released and that the 
111.1   victim has a right to submit a written statement regarding 
111.2   decisions of the medical director, special review board, or 
111.3   commissioner with respect to the person.  To the extent 
111.4   possible, the notice must be provided at least 14 days before 
111.5   any special review board hearing or before a determination on a 
111.6   pass plan.  
111.7      (d) This subdivision applies only to victims who have 
111.8   requested notification by contacting, in writing, the county 
111.9   attorney in the county where the conviction for the crime 
111.10  occurred.  A county attorney who receives a request for 
111.11  notification under this paragraph shall promptly forward the 
111.12  request to the commissioner of human services.  
111.13     (e) The rights under this subdivision are in addition to 
111.14  rights available to a victim under chapter 611A.  This provision 
111.15  does not give a victim all the rights of a "notified person" or 
111.16  a person "entitled to statutory notice" under subdivision 4a, 
111.17  4b, or 5. 
111.18     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
111.19     Sec. 10.  Minnesota Statutes 2004, section 609.108, 
111.20  subdivision 6, is amended to read: 
111.21     Subd. 6.  [CONDITIONAL RELEASE.] At the time of sentencing 
111.22  under subdivision 1, the court shall provide that after the 
111.23  offender has completed the sentence imposed, less any good time 
111.24  earned by an offender whose crime was committed before August 1, 
111.25  1993, the commissioner of corrections shall place the offender 
111.26  on conditional release for the remainder of the statutory 
111.27  maximum period, or for ten years, whichever is longer. 
111.28     The conditions of release may include successful completion 
111.29  of treatment and aftercare in a program approved by the 
111.30  commissioner, satisfaction of the release conditions specified 
111.31  in section 244.05, subdivision 6, and any other conditions the 
111.32  commissioner considers appropriate.  For all level III sex 
111.33  offenders, the commissioner shall require as a condition of 
111.34  release that offenders submit to polygraph tests at the request 
111.35  of the commissioner.  The scope of the polygraph tests is 
111.36  limited to an offender's conditions of release while on 
112.1   conditional release.  Before the offender is released, the 
112.2   commissioner shall notify the sentencing court, the prosecutor 
112.3   in the jurisdiction where the offender was sentenced, and the 
112.4   victim of the offender's crime, where available, of the terms of 
112.5   the offender's conditional release.  If the offender fails to 
112.6   meet any condition of release, the commissioner may revoke the 
112.7   offender's conditional release and order that the offender serve 
112.8   all or a part of the remaining portion of the conditional 
112.9   release term in prison.  The commissioner shall not dismiss the 
112.10  offender from supervision before the conditional release term 
112.11  expires. 
112.12     Conditional release granted under this subdivision is 
112.13  governed by provisions relating to supervised release, except as 
112.14  otherwise provided in this subdivision, section 244.04, 
112.15  subdivision 1, or 244.05. 
112.16     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
112.17  and applies to crimes committed on or after that date. 
112.18     Sec. 11.  Minnesota Statutes 2004, section 609.108, 
112.19  subdivision 7, is amended to read: 
112.20     Subd. 7.  [COMMISSIONER OF CORRECTIONS.] The commissioner 
112.21  shall develop a plan to pay the cost of treatment of a person 
112.22  released under subdivision 6.  The plan may include co-payments 
112.23  from offenders, third-party payers, local agencies, or other 
112.24  funding sources as they are identified.  This section does not 
112.25  require the commissioner to accept or retain an offender in a 
112.26  treatment program. 
112.27     Sec. 12.  Minnesota Statutes 2004, section 609.109, 
112.28  subdivision 5, is amended to read: 
112.29     Subd. 5.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
112.30  purposes of this section, a conviction is considered a previous 
112.31  sex offense conviction if the person was convicted of a sex 
112.32  offense before the commission of the present offense of 
112.33  conviction.  A person has two previous sex offense convictions 
112.34  only if the person was convicted and sentenced for a sex offense 
112.35  committed after the person was earlier convicted and sentenced 
112.36  for a sex offense, both convictions preceded the commission of 
113.1   the present offense of conviction, and 15 years have not elapsed 
113.2   since the person was discharged from the sentence imposed for 
113.3   the second conviction.  A "sex offense" is a violation of 
113.4   sections 609.342 to 609.345 609.3453 or any similar statute of 
113.5   the United States, this state, or any other state. 
113.6      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
113.7   and applies to crimes committed on or after that date. 
113.8      Sec. 13.  Minnesota Statutes 2004, section 609.109, 
113.9   subdivision 7, is amended to read: 
113.10     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
113.11  Notwithstanding the statutory maximum sentence otherwise 
113.12  applicable to the offense or any provision of the Sentencing 
113.13  Guidelines, when a court sentences a person to prison for a 
113.14  violation of section 609.342, 609.343, 609.344, or 609.345, the 
113.15  court shall provide that after the person has completed the 
113.16  sentence imposed, the commissioner of corrections shall place 
113.17  the person on conditional release.  If the person was convicted 
113.18  for a violation of section 609.342, 609.343, 609.344, or 
113.19  609.345, the person shall be placed on conditional release for 
113.20  five years, minus the time the person served on supervised 
113.21  release.  If the person was convicted for a violation of one of 
113.22  those sections after a previous sex offense conviction as 
113.23  defined in subdivision 5, or sentenced under subdivision 6 to a 
113.24  mandatory departure, the person shall be placed on conditional 
113.25  release for ten years, minus the time the person served on 
113.26  supervised release. 
113.27     (b) The conditions of release may include successful 
113.28  completion of treatment and aftercare in a program approved by 
113.29  the commissioner, satisfaction of the release conditions 
113.30  specified in section 244.05, subdivision 6, and any other 
113.31  conditions the commissioner considers appropriate.  For all 
113.32  level III sex offenders, the commissioner shall require as a 
113.33  condition of release that offenders submit to polygraph tests at 
113.34  the request of the commissioner.  The scope of the polygraph 
113.35  tests is limited to an offender's conditions of release while on 
113.36  conditional release.  If the offender fails to meet any 
114.1   condition of release, the commissioner may revoke the offender's 
114.2   conditional release and order that the offender serve the 
114.3   remaining portion of the conditional release term in prison.  
114.4   The commissioner shall not dismiss the offender from supervision 
114.5   before the conditional release term expires. 
114.6      Conditional release under this subdivision is governed by 
114.7   provisions relating to supervised release, except as otherwise 
114.8   provided in this subdivision, section 244.04, subdivision 1, or 
114.9   244.05. 
114.10     (c) The commissioner shall develop a plan to pay the cost 
114.11  of treatment of a person released under this subdivision.  The 
114.12  plan may include co-payments from offenders, third-party payers, 
114.13  local agencies, and other funding sources as they are 
114.14  identified.  This section does not require the commissioner to 
114.15  accept or retain an offender in a treatment program. 
114.16     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
114.17  and applies to crimes committed on or after that date. 
114.18     Sec. 14.  Minnesota Statutes 2004, section 609.117, 
114.19  subdivision 1, is amended to read: 
114.20     Subdivision 1.  [UPON SENTENCING.] The court shall order an 
114.21  offender to provide a biological specimen for the purpose of DNA 
114.22  analysis as defined in section 299C.155 when: 
114.23     (1) the court sentences a person charged with violating or 
114.24  attempting to violate any of the following, and the person is 
114.25  convicted of that offense or of any offense arising out of the 
114.26  same set of circumstances: 
114.27     (i) murder under section 609.185, 609.19, or 609.195; 
114.28     (ii) manslaughter under section 609.20 or 609.205; 
114.29     (iii) assault under section 609.221, 609.222, or 609.223; 
114.30     (iv) robbery under section 609.24 or aggravated robbery 
114.31  under section 609.245; 
114.32     (v) kidnapping under section 609.25; 
114.33     (vi) false imprisonment under section 609.255; 
114.34     (vii) criminal sexual conduct under section 609.342, 
114.35  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
114.36  609.3453; 
115.1      (viii) incest under section 609.365; 
115.2      (ix) burglary under section 609.582, subdivision 1; or 
115.3      (x) indecent exposure under section 617.23, subdivision 3; 
115.4      (2) the court sentences a person as a patterned sex 
115.5   offender under section 609.108; or 
115.6      (3) the juvenile court adjudicates a person a delinquent 
115.7   child who is the subject of a delinquency petition for violating 
115.8   or attempting to violate any of the following, and the 
115.9   delinquency adjudication is based on a violation of one of those 
115.10  sections or of any offense arising out of the same set of 
115.11  circumstances: 
115.12     (i) murder under section 609.185, 609.19, or 609.195; 
115.13     (ii) manslaughter under section 609.20 or 609.205; 
115.14     (iii) assault under section 609.221, 609.222, or 609.223; 
115.15     (iv) robbery under section 609.24 or aggravated robbery 
115.16  under section 609.245; 
115.17     (v) kidnapping under section 609.25; 
115.18     (vi) false imprisonment under section 609.255; 
115.19     (vii) criminal sexual conduct under section 609.342, 
115.20  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
115.21  609.3453; 
115.22     (viii) incest under section 609.365; 
115.23     (ix) burglary under section 609.582, subdivision 1; or 
115.24     (x) indecent exposure under section 617.23, subdivision 3. 
115.25  The biological specimen or the results of the analysis shall be 
115.26  maintained by the Bureau of Criminal Apprehension as provided in 
115.27  section 299C.155. 
115.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
115.29  and applies to crimes committed on or after that date. 
115.30     Sec. 15.  Minnesota Statutes 2004, section 609.117, 
115.31  subdivision 2, is amended to read: 
115.32     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
115.33  or local corrections authority shall order a person to provide a 
115.34  biological specimen for the purpose of DNA analysis before 
115.35  completion of the person's term of imprisonment when the person 
115.36  has not provided a biological specimen for the purpose of DNA 
116.1   analysis and the person: 
116.2      (1) is currently serving a term of imprisonment for or has 
116.3   a past conviction for violating or attempting to violate any of 
116.4   the following or a similar law of another state or the United 
116.5   States or initially charged with violating one of the following 
116.6   sections or a similar law of another state or the United States 
116.7   and convicted of another offense arising out of the same set of 
116.8   circumstances: 
116.9      (i) murder under section 609.185, 609.19, or 609.195; 
116.10     (ii) manslaughter under section 609.20 or 609.205; 
116.11     (iii) assault under section 609.221, 609.222, or 609.223; 
116.12     (iv) robbery under section 609.24 or aggravated robbery 
116.13  under section 609.245; 
116.14     (v) kidnapping under section 609.25; 
116.15     (vi) false imprisonment under section 609.255; 
116.16     (vii) criminal sexual conduct under section 609.342, 
116.17  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
116.18  609.3453; 
116.19     (viii) incest under section 609.365; 
116.20     (ix) burglary under section 609.582, subdivision 1; or 
116.21     (x) indecent exposure under section 617.23, subdivision 3; 
116.22  or 
116.23     (2) was sentenced as a patterned sex offender under section 
116.24  609.108, and committed to the custody of the commissioner of 
116.25  corrections; or 
116.26     (3) is serving a term of imprisonment in this state under a 
116.27  reciprocal agreement although convicted in another state of an 
116.28  offense described in this subdivision or a similar law of the 
116.29  United States or any other state.  The commissioner of 
116.30  corrections or local corrections authority shall forward the 
116.31  sample to the Bureau of Criminal Apprehension. 
116.32     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
116.33  and applies to crimes committed on or after that date. 
116.34     Sec. 16.  Minnesota Statutes 2004, section 609.1351, is 
116.35  amended to read: 
116.36     609.1351 [PETITION FOR CIVIL COMMITMENT.] 
117.1      When a court sentences a person under section 609.108, 
117.2   609.342, 609.343, 609.344, or 609.345, or 609.3453, the court 
117.3   shall make a preliminary determination whether in the court's 
117.4   opinion a petition under section 253B.185 may be appropriate and 
117.5   include the determination as part of the sentencing order.  If 
117.6   the court determines that a petition may be appropriate, the 
117.7   court shall forward its preliminary determination along with 
117.8   supporting documentation to the county attorney.  
117.9      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
117.10  and applies to crimes committed on or after that date. 
117.11     Sec. 17.  Minnesota Statutes 2004, section 609.347, is 
117.12  amended to read: 
117.13     609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 
117.14     Subdivision 1.  In a prosecution under sections 609.109 or, 
117.15  609.342 to 609.3451, or 609.3453, the testimony of a victim need 
117.16  not be corroborated. 
117.17     Subd. 2.  In a prosecution under sections 609.109 or, 
117.18  609.342 to 609.3451, or 609.3453, there is no need to show that 
117.19  the victim resisted the accused.  
117.20     Subd. 3.  In a prosecution under sections 609.109, 609.342 
117.21  to 609.3451, 609.3453, or 609.365, evidence of the victim's 
117.22  previous sexual conduct shall not be admitted nor shall any 
117.23  reference to such conduct be made in the presence of the jury, 
117.24  except by court order under the procedure provided in 
117.25  subdivision 4.  The evidence can be admitted only if the 
117.26  probative value of the evidence is not substantially outweighed 
117.27  by its inflammatory or prejudicial nature and only in the 
117.28  circumstances set out in paragraphs (a) and (b).  For the 
117.29  evidence to be admissible under paragraph (a), subsection (i), 
117.30  the judge must find by a preponderance of the evidence that the 
117.31  facts set out in the accused's offer of proof are true.  For the 
117.32  evidence to be admissible under paragraph (a), subsection (ii) 
117.33  or paragraph (b), the judge must find that the evidence is 
117.34  sufficient to support a finding that the facts set out in the 
117.35  accused's offer of proof are true, as provided under Rule 901 of 
117.36  the Rules of Evidence. 
118.1      (a) When consent of the victim is a defense in the case, 
118.2   the following evidence is admissible: 
118.3      (i) evidence of the victim's previous sexual conduct 
118.4   tending to establish a common scheme or plan of similar sexual 
118.5   conduct under circumstances similar to the case at issue.  In 
118.6   order to find a common scheme or plan, the judge must find that 
118.7   the victim made prior allegations of sexual assault which were 
118.8   fabricated; and 
118.9      (ii) evidence of the victim's previous sexual conduct with 
118.10  the accused.  
118.11     (b) When the prosecution's case includes evidence of semen, 
118.12  pregnancy, or disease at the time of the incident or, in the 
118.13  case of pregnancy, between the time of the incident and trial, 
118.14  evidence of specific instances of the victim's previous sexual 
118.15  conduct is admissible solely to show the source of the semen, 
118.16  pregnancy, or disease. 
118.17     Subd. 4.  The accused may not offer evidence described in 
118.18  subdivision 3 except pursuant to the following procedure: 
118.19     (a) A motion shall be made by the accused at least three 
118.20  business days prior to trial, unless later for good cause shown, 
118.21  setting out with particularity the offer of proof of the 
118.22  evidence that the accused intends to offer, relative to the 
118.23  previous sexual conduct of the victim; 
118.24     (b) If the court deems the offer of proof sufficient, the 
118.25  court shall order a hearing out of the presence of the jury, if 
118.26  any, and in such hearing shall allow the accused to make a full 
118.27  presentation of the offer of proof; 
118.28     (c) At the conclusion of the hearing, if the court finds 
118.29  that the evidence proposed to be offered by the accused 
118.30  regarding the previous sexual conduct of the victim is 
118.31  admissible under subdivision 3 and that its probative value is 
118.32  not substantially outweighed by its inflammatory or prejudicial 
118.33  nature, the court shall make an order stating the extent to 
118.34  which evidence is admissible.  The accused may then offer 
118.35  evidence pursuant to the order of the court; 
118.36     (d) If new information is discovered after the date of the 
119.1   hearing or during the course of trial, which may make evidence 
119.2   described in subdivision 3 admissible, the accused may make an 
119.3   offer of proof pursuant to clause (a) and the court shall order 
119.4   an in camera hearing to determine whether the proposed evidence 
119.5   is admissible by the standards herein.  
119.6      Subd. 5.  In a prosecution under sections 609.109 or, 
119.7   609.342 to 609.3451, or 609.3453, the court shall not instruct 
119.8   the jury to the effect that: 
119.9      (a) It may be inferred that a victim who has previously 
119.10  consented to sexual intercourse with persons other than the 
119.11  accused would be therefore more likely to consent to sexual 
119.12  intercourse again; or 
119.13     (b) The victim's previous or subsequent sexual conduct in 
119.14  and of itself may be considered in determining the credibility 
119.15  of the victim; or 
119.16     (c) Criminal sexual conduct is a crime easily charged by a 
119.17  victim but very difficult to disprove by an accused because of 
119.18  the heinous nature of the crime; or 
119.19     (d) The jury should scrutinize the testimony of the victim 
119.20  any more closely than it should scrutinize the testimony of any 
119.21  witness in any felony prosecution.  
119.22     Subd. 6.  (a) In a prosecution under sections 609.109 or, 
119.23  609.342 to 609.3451, or 609.3453, involving a psychotherapist 
119.24  and patient, evidence of the patient's personal or medical 
119.25  history is not admissible except when:  
119.26     (1) the accused requests a hearing at least three business 
119.27  days prior to trial and makes an offer of proof of the relevancy 
119.28  of the history; and 
119.29     (2) the court finds that the history is relevant and that 
119.30  the probative value of the history outweighs its prejudicial 
119.31  value.  
119.32     (b) The court shall allow the admission only of specific 
119.33  information or examples of conduct of the victim that are 
119.34  determined by the court to be relevant.  The court's order shall 
119.35  detail the information or conduct that is admissible and no 
119.36  other evidence of the history may be introduced. 
120.1      (c) Violation of the terms of the order is grounds for 
120.2   mistrial but does not prevent the retrial of the accused.  
120.3      Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 412 of the 
120.4   Rules of Evidence is superseded to the extent of its conflict 
120.5   with this section. 
120.6      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
120.7   and applies to crimes committed on or after that date. 
120.8      Sec. 18.  Minnesota Statutes 2004, section 609.3471, is 
120.9   amended to read: 
120.10     609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
120.11  CONFIDENTIAL.] 
120.12     Notwithstanding any provision of law to the contrary, no 
120.13  data contained in records or reports relating to petitions, 
120.14  complaints, or indictments issued pursuant to section 609.342; 
120.15  609.343; 609.344; or 609.345; or 609.3453, which specifically 
120.16  identifies a victim who is a minor shall be accessible to the 
120.17  public, except by order of the court.  Nothing in this section 
120.18  authorizes denial of access to any other data contained in the 
120.19  records or reports, including the identity of the defendant. 
120.20     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
120.21  and applies to crimes committed on or after that date. 
120.22     Sec. 19.  Minnesota Statutes 2004, section 609.348, is 
120.23  amended to read: 
120.24     609.348 [MEDICAL PURPOSES; EXCLUSION.] 
120.25     Sections 609.109 and, 609.342 to 609.3451, and 609.3453 do 
120.26  not apply to sexual penetration or sexual contact when done for 
120.27  a bona fide medical purpose. 
120.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
120.29  and applies to crimes committed on or after that date. 
120.30     Sec. 20.  Minnesota Statutes 2004, section 609.353, is 
120.31  amended to read: 
120.32     609.353 [JURISDICTION.] 
120.33     A violation or attempted violation of section 609.342, 
120.34  609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 
120.35  prosecuted in any jurisdiction in which the violation originates 
120.36  or terminates. 
121.1      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
121.2   and applies to crimes committed on or after that date. 
121.3      Sec. 21.  Minnesota Statutes 2004, section 609.485, 
121.4   subdivision 2, is amended to read: 
121.5      Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
121.6   following may be sentenced as provided in subdivision 4: 
121.7      (1) escapes while held pursuant to a lawful arrest, in 
121.8   lawful custody on a charge or conviction of a crime, or while 
121.9   held in lawful custody on an allegation or adjudication of a 
121.10  delinquent act; 
121.11     (2) transfers to another, who is in lawful custody on a 
121.12  charge or conviction of a crime, or introduces into an 
121.13  institution in which the latter is confined, anything usable in 
121.14  making such escape, with intent that it shall be so used; 
121.15     (3) having another in lawful custody on a charge or 
121.16  conviction of a crime, intentionally permits the other to 
121.17  escape; 
121.18     (4) escapes while in a facility designated under section 
121.19  253B.18, subdivision 1, pursuant to a court commitment order 
121.20  after a finding of not guilty by reason of mental illness or 
121.21  mental deficiency of a crime against the person, as defined in 
121.22  section 253B.02, subdivision 4a.  Notwithstanding section 
121.23  609.17, no person may be charged with or convicted of an attempt 
121.24  to commit a violation of this clause; or 
121.25     (5) escapes while in a facility designated under section 
121.26  253B.18, subdivision 1, pursuant to a court commitment order 
121.27  under section 253B.185 or Minnesota Statutes 1992, section 
121.28  526.10; or 
121.29     (6) escapes while on pass status or provisional discharge 
121.30  according to section 253B.18. 
121.31     For purposes of clause (1), "escapes while held in lawful 
121.32  custody" includes absconding from electronic monitoring or 
121.33  absconding after removing an electronic monitoring device from 
121.34  the person's body. 
121.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
121.36  and applies to crimes committed on or after that date. 
122.1      Sec. 22.  Minnesota Statutes 2004, section 609.485, 
122.2   subdivision 4, is amended to read: 
122.3      Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
122.4   subdivision 3a, whoever violates this section may be sentenced 
122.5   as follows: 
122.6      (1) if the person who escapes is in lawful custody for a 
122.7   felony, to imprisonment for not more than five years or to 
122.8   payment of a fine of not more than $10,000, or both; 
122.9      (2) if the person who escapes is in lawful custody after a 
122.10  finding of not guilty by reason of mental illness or mental 
122.11  deficiency of a crime against the person, as defined in section 
122.12  253B.02, subdivision 4a, or pursuant to a court commitment order 
122.13  under section 253B.185 or Minnesota Statutes 1992, section 
122.14  526.10, to imprisonment for not more than one year and one day 
122.15  or to payment of a fine of not more than $3,000, or both; or 
122.16     (3) if the person who escapes is in lawful custody for a 
122.17  gross misdemeanor or misdemeanor, or if the person who escapes 
122.18  is in lawful custody on an allegation or adjudication of a 
122.19  delinquent act, to imprisonment for not more than one year or to 
122.20  payment of a fine of not more than $3,000, or both; or 
122.21     (4) if the person who escapes is under civil commitment 
122.22  under sections 253B.18 and 253B.185, to imprisonment for not 
122.23  more than one year and one day or to payment of a fine of not 
122.24  more than $3,000, or both.  
122.25     (b) If the escape was a violation of subdivision 2, clause 
122.26  (1), (2), or (3), and was effected by violence or threat of 
122.27  violence against a person, the sentence may be increased to not 
122.28  more than twice those permitted in paragraph (a), clauses (1) 
122.29  and (3). 
122.30     (c) Unless a concurrent term is specified by the court, a 
122.31  sentence under this section shall be consecutive to any sentence 
122.32  previously imposed or which may be imposed for any crime or 
122.33  offense for which the person was in custody when the person 
122.34  escaped. 
122.35     (d) Notwithstanding paragraph (c), if a person who was 
122.36  committed to the commissioner of corrections under section 
123.1   260B.198 escapes from the custody of the commissioner while 18 
123.2   years of age, the person's sentence under this section shall 
123.3   commence on the person's 19th birthday or on the person's date 
123.4   of discharge by the commissioner of corrections, whichever 
123.5   occurs first.  However, if the person described in this clause 
123.6   is convicted under this section after becoming 19 years old and 
123.7   after having been discharged by the commissioner, the person's 
123.8   sentence shall commence upon imposition by the sentencing court. 
123.9      (e) Notwithstanding paragraph (c), if a person who is in 
123.10  lawful custody on an allegation or adjudication of a delinquent 
123.11  act while 18 years of age escapes from a local juvenile 
123.12  correctional facility, the person's sentence under this section 
123.13  begins on the person's 19th birthday or on the person's date of 
123.14  discharge from the jurisdiction of the juvenile court, whichever 
123.15  occurs first.  However, if the person described in this 
123.16  paragraph is convicted after becoming 19 years old and after 
123.17  discharge from the jurisdiction of the juvenile court, the 
123.18  person's sentence begins upon imposition by the sentencing court.
123.19     (f) Notwithstanding paragraph (a), any person who escapes 
123.20  or absconds from electronic monitoring or removes an electric 
123.21  monitoring device from the person's body is guilty of a crime 
123.22  and shall be sentenced to imprisonment for not more than one 
123.23  year or to a payment of a fine of not more than $3,000, or 
123.24  both.  A person in lawful custody for a violation of section 
123.25  609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 
123.26  609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, 
123.27  or 609.3451 who escapes or absconds from electronic monitoring 
123.28  or removes an electronic monitoring device while under sentence 
123.29  may be sentenced to imprisonment for not more than five years or 
123.30  to a payment of a fine of not more than $10,000, or both. 
123.31     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
123.32  and applies to crimes committed on or after that date. 
123.33     Sec. 23.  Minnesota Statutes 2004, section 609.531, 
123.34  subdivision 1, is amended to read: 
123.35     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
123.36  609.531 to 609.5318, the following terms have the meanings given 
124.1   them.  
124.2      (a) "Conveyance device" means a device used for 
124.3   transportation and includes, but is not limited to, a motor 
124.4   vehicle, trailer, snowmobile, airplane, and vessel and any 
124.5   equipment attached to it.  The term "conveyance device" does not 
124.6   include property which is, in fact, itself stolen or taken in 
124.7   violation of the law.  
124.8      (b) "Weapon used" means a dangerous weapon as defined under 
124.9   section 609.02, subdivision 6, that the actor used or had in 
124.10  possession in furtherance of a crime.  
124.11     (c) "Property" means property as defined in section 609.52, 
124.12  subdivision 1, clause (1).  
124.13     (d) "Contraband" means property which is illegal to possess 
124.14  under Minnesota law.  
124.15     (e) "Appropriate agency" means the Bureau of Criminal 
124.16  Apprehension, the Minnesota Division of Driver and Vehicle 
124.17  Services, the Minnesota State Patrol, a county sheriff's 
124.18  department, the Suburban Hennepin Regional Park District park 
124.19  rangers, the Department of Natural Resources Division of 
124.20  Enforcement, the University of Minnesota Police Department, or a 
124.21  city or airport police department.  
124.22     (f) "Designated offense" includes:  
124.23     (1) for weapons used:  any violation of this chapter, 
124.24  chapter 152, or chapter 624; 
124.25     (2) for driver's license or identification card 
124.26  transactions:  any violation of section 171.22; and 
124.27     (3) for all other purposes:  a felony violation of, or a 
124.28  felony-level attempt or conspiracy to violate, section 325E.17; 
124.29  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
124.30  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
124.31  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
124.32  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
124.33  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
124.34  and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 
124.35  609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 
124.36  609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 
125.1   609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 
125.2   8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 
125.3   609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or 
125.4   felony violation of section 609.891 or 624.7181; or any 
125.5   violation of section 609.324. 
125.6      (g) "Controlled substance" has the meaning given in section 
125.7   152.01, subdivision 4.  
125.8      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
125.9   and applies to crimes committed on or after that date.  
125.10     Sec. 24.  Minnesota Statutes 2004, section 609.5312, is 
125.11  amended by adding a subdivision to read: 
125.12     Subd. 1a.  [COMPUTERS AND RELATED PROPERTY SUBJECT TO 
125.13  FORFEITURE.] (a) As used in this subdivision, "property" has the 
125.14  meaning given in section 609.87, subdivision 6.  
125.15     (b) When a computer or a component part of a computer is 
125.16  used or intended for use to commit or facilitate the commission 
125.17  of a designated offense, the computer and all software, data, 
125.18  and other property contained in the computer are subject to 
125.19  forfeiture unless prohibited by the Privacy Protection Act, 
125.20  United States Code, title 42, sections 2000aa to 2000aa-12, or 
125.21  other state or federal law.  
125.22     (c) Regardless of whether a forfeiture action is initiated 
125.23  following the lawful seizure of a computer and related property, 
125.24  if the appropriate agency returns hardware, software, data, or 
125.25  other property to the owner, the agency may charge the owner for 
125.26  the cost of separating contraband from the computer or other 
125.27  property returned, including salary and contract costs.  The 
125.28  agency may not charge these costs to an owner of a computer or 
125.29  related property who was not privy to the act or omission upon 
125.30  which the seizure was based, or who did not have knowledge of or 
125.31  consent to the act or omission, if the owner: 
125.32     (1) requests from the agency copies of specified legitimate 
125.33  data files and provides sufficient storage media; or 
125.34     (2) requests the return of a computer or other property 
125.35  less data storage devices on which contraband resides.  
125.36     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
126.1   and applies to crimes committed on or after that date. 
126.2      Sec. 25.  Minnesota Statutes 2004, section 617.23, 
126.3   subdivision 2, is amended to read: 
126.4      Subd. 2.  [GROSS MISDEMEANOR.] A person who commits any of 
126.5   the following acts is guilty of a gross misdemeanor: 
126.6      (1) the person violates subdivision 1 in the presence of a 
126.7   minor under the age of 16; or 
126.8      (2) the person violates subdivision 1 after having been 
126.9   previously convicted of violating subdivision 1, sections 
126.10  609.342 to 609.3451, or a statute from another state in 
126.11  conformity with any of those sections, is guilty of a gross 
126.12  misdemeanor. 
126.13     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
126.14  and applies to crimes committed on or after that date. 
126.15     Sec. 26.  Minnesota Statutes 2004, section 617.23, 
126.16  subdivision 3, is amended to read: 
126.17     Subd. 3.  [FELONY.] A person is guilty of a felony and may 
126.18  be sentenced to imprisonment for not more than five years or to 
126.19  payment of a fine of not more than $10,000, or both, if: 
126.20     (1) the person violates subdivision 2, clause (1), after 
126.21  having been previously convicted of or adjudicated delinquent 
126.22  for violating subdivision 2, clause (1); section 609.3451, 
126.23  subdivision 1, clause (2); or a statute from another state in 
126.24  conformity with subdivision 2, clause (1), or section 609.3451, 
126.25  subdivision 1, clause (2); or 
126.26     (2) the person commits a violation of subdivision 1, clause 
126.27  (1), in the presence of another person while intentionally 
126.28  confining that person or otherwise intentionally restricting 
126.29  that person's freedom to move; or 
126.30     (2) the person violates subdivision 1 in the presence of an 
126.31  unaccompanied minor under the age of 16. 
126.32     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
126.33  and applies to crimes committed on or after that date. 
126.34     Sec. 27.  Minnesota Statutes 2004, section 631.045, is 
126.35  amended to read: 
126.36     631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
127.1      At the trial of a complaint or indictment for a violation 
127.2   of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, 
127.3   subdivision 2, when a minor under 18 years of age is the person 
127.4   upon, with, or against whom the crime is alleged to have been 
127.5   committed, the judge may exclude the public from the courtroom 
127.6   during the victim's testimony or during all or part of the 
127.7   remainder of the trial upon a showing that closure is necessary 
127.8   to protect a witness or ensure fairness in the trial.  The judge 
127.9   shall give the prosecutor, defendant and members of the public 
127.10  the opportunity to object to the closure before a closure order. 
127.11  The judge shall specify the reasons for closure in an order 
127.12  closing all or part of the trial.  Upon closure the judge shall 
127.13  only admit persons who have a direct interest in the case.  
127.14     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
127.15  and applies to crimes committed on or after that date. 
127.16     Sec. 28.  [REVISOR INSTRUCTION.] 
127.17     (a) The revisor of statutes shall renumber Minnesota 
127.18  Statutes, section 609.3452, as Minnesota Statutes, section 
127.19  609.3457, and correct cross-references.  In addition, the 
127.20  revisor shall delete the reference in Minnesota Statutes, 
127.21  section 13.871, subdivision 3, paragraph (d), to Minnesota 
127.22  Statutes, section 609.3452, and insert a reference to Minnesota 
127.23  Statutes, section 609.3457.  The revisor shall include a 
127.24  notation in Minnesota Statutes to inform readers of the statutes 
127.25  of the renumbering of Minnesota Statutes, section 609.3457. 
127.26     (b) In addition to the specific changes described in 
127.27  paragraph (a), the revisor of statutes shall make other 
127.28  technical changes necessitated by this act. 
127.29                             ARTICLE 8
127.30                        PUBLIC SAFETY POLICY
127.31     Section 1.  Minnesota Statutes 2004, section 13.87, 
127.32  subdivision 3, is amended to read: 
127.33     Subd. 3.  [INTERNET ACCESS.] (a) The Bureau of Criminal 
127.34  Apprehension shall establish and maintain an Internet Web site 
127.35  containing public criminal history data by July 1, 2004.  
127.36     (b) Notwithstanding section 13.03, subdivision 3, paragraph 
128.1   (a), the bureau may charge a fee for Internet access to public 
128.2   criminal history data provided through August 1, 2005.  The fee 
128.3   may not exceed of $5 per inquiry or the amount needed to recoup 
128.4   the actual cost of implementing and providing Internet access, 
128.5   whichever is less.  Fees collected must be deposited in the 
128.6   general fund as a nondedicated receipt name searched.  The 
128.7   superintendent of the Bureau of Criminal Apprehension shall 
128.8   collect the fee and the receipts shall be directed to the 
128.9   noncriminal background account in the special revenue fund. 
128.10     (c) The Web site must include a notice to the subject of 
128.11  data of the right to contest the accuracy or completeness of 
128.12  data, as provided under section 13.04, subdivision 4, and 
128.13  provide a telephone number and address that the subject may 
128.14  contact for further information on this process.  
128.15     (d) The Web site must include the effective date of data 
128.16  that is posted.  
128.17     (e) The Web site must include a description of the types of 
128.18  criminal history data not available on the site, including 
128.19  arrest data, juvenile data, criminal history data from other 
128.20  states, federal data, data on convictions where 15 years have 
128.21  elapsed since discharge of the sentence, and other data that are 
128.22  not accessible to the public. 
128.23     (f) A person who intends to access the Web site to obtain 
128.24  information regarding an applicant for employment, housing, or 
128.25  credit must disclose to the applicant the intention to do so.  
128.26  The Web site must include a notice that a person obtaining such 
128.27  access must notify the applicant when a background check using 
128.28  this Web site has been conducted.  
128.29     (g) This subdivision does not create a civil cause of 
128.30  action on behalf of the data subject. 
128.31     (h) This subdivision expires July 31, 2007. 
128.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
128.33     Sec. 2.  Minnesota Statutes 2004, section 116L.30, is 
128.34  amended to read: 
128.35     116L.30 [GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.] 
128.36     Subdivision 1.  [GRANTS.] The commissioner may make grants 
129.1   to nonprofit agencies administering youth intervention programs 
129.2   in communities where the programs are or may be established. 
129.3      "Youth intervention program" means a nonresidential 
129.4   community-based program providing advocacy, education, 
129.5   counseling, mentoring, and referral services to youth and their 
129.6   families experiencing personal, familial, school, legal, or 
129.7   chemical problems with the goal of resolving the present 
129.8   problems and preventing the occurrence of the problems in the 
129.9   future.  The intent of the youth intervention program is to 
129.10  provide an ongoing stable funding source to community-based 
129.11  early intervention programs for youth.  Program design may be 
129.12  different for the grantees depending on youth service needs of 
129.13  the communities being served.  
129.14     Subd. 2.  [APPLICATIONS.] Applications for a grant-in-aid 
129.15  shall be made by the administering agency to the commissioner.  
129.16     The grant-in-aid is contingent upon the agency having 
129.17  obtained from the community in which the youth intervention 
129.18  program is established local matching money two times the amount 
129.19  of the grant that is sought.  The matching requirement is 
129.20  intended to leverage the investment of state and community 
129.21  dollars in supporting the efforts of the grantees to provide 
129.22  early intervention services to youth and their families. 
129.23     The commissioner shall provide the application form, 
129.24  procedures for making application form, criteria for review of 
129.25  the application, and kinds of contributions in addition to cash 
129.26  that qualify as local matching money.  No grant to any agency 
129.27  may exceed $50,000. 
129.28     Subd. 3.  [GRANT ALLOCATION FORMULA.] Up to one percent of 
129.29  the appropriations to the grants-in-aid to the youth 
129.30  intervention program may be used for a grant to the Minnesota 
129.31  Youth Intervention Programs Association for expenses in 
129.32  providing collaborative training and technical assistance to 
129.33  community-based grantees of the program. 
129.34     Subd. 4.  [ADMINISTRATIVE COSTS.] The commissioner may use 
129.35  up to two percent of the biennial appropriation for 
129.36  grants-in-aid to the youth intervention program to pay costs 
130.1   incurred by the department in administering the youth 
130.2   intervention program. 
130.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
130.4      Sec. 3.  Minnesota Statutes 2004, section 169.71, 
130.5   subdivision 1, is amended to read: 
130.6      Subdivision 1.  [PROHIBITIONS GENERALLY; EXCEPTIONS.] No (a)
130.7   A person shall not drive or operate any motor vehicle with: 
130.8      (1) a windshield cracked or discolored to an extent to 
130.9   limit or obstruct proper vision, or, except for law enforcement 
130.10  vehicles, with; 
130.11     (2) any objects suspended between the driver and the 
130.12  windshield, other than sun visors and rear vision rearview 
130.13  mirrors,; or with 
130.14     (3) any sign, poster, or other nontransparent material upon 
130.15  the front windshield, sidewings, or side or rear windows of such 
130.16  the vehicle, other than a certificate or other paper required to 
130.17  be so displayed by law, or authorized by the state director of 
130.18  the Division of Emergency Management, or the commissioner of 
130.19  public safety.  
130.20     (b) Paragraph (a), clauses (2) and (3), do not apply to law 
130.21  enforcement vehicles. 
130.22     (c) Paragraph (a), clause (2), does not apply to authorized 
130.23  emergency vehicles. 
130.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
130.25     Sec. 4.  Minnesota Statutes 2004, section 214.04, 
130.26  subdivision 1, is amended to read: 
130.27     Subdivision 1.  [SERVICES PROVIDED.] (a) The commissioner 
130.28  of administration with respect to the Board of Electricity,; the 
130.29  commissioner of education with respect to the Board of 
130.30  Teaching,; the commissioner of public safety with respect to the 
130.31  Board of Private Detective and Protective Agent Services, and; 
130.32  the panel established pursuant to section 299A.465, subdivision 
130.33  7; the Board of Peace Officer Standards and Training,; and the 
130.34  commissioner of revenue with respect to the Board of Assessors, 
130.35  shall provide suitable offices and other space, joint conference 
130.36  and hearing facilities, examination rooms, and the following 
131.1   administrative support services:  purchasing service, accounting 
131.2   service, advisory personnel services, consulting services 
131.3   relating to evaluation procedures and techniques, data 
131.4   processing, duplicating, mailing services, automated printing of 
131.5   license renewals, and such other similar services of a 
131.6   housekeeping nature as are generally available to other agencies 
131.7   of state government.  Investigative services shall be provided 
131.8   the boards by employees of the Office of Attorney General.  The 
131.9   commissioner of health with respect to the health-related 
131.10  licensing boards shall provide mailing and office supply 
131.11  services and may provide other facilities and services listed in 
131.12  this subdivision at a central location upon request of the 
131.13  health-related licensing boards.  The commissioner of commerce 
131.14  with respect to the remaining non-health-related licensing 
131.15  boards shall provide the above facilities and services at a 
131.16  central location for the remaining non-health-related licensing 
131.17  boards.  The legal and investigative services for the boards 
131.18  shall be provided by employees of the attorney general assigned 
131.19  to the departments servicing the boards.  Notwithstanding the 
131.20  foregoing, the attorney general shall not be precluded by this 
131.21  section from assigning other attorneys to service a board if 
131.22  necessary in order to insure competent and consistent legal 
131.23  representation.  Persons providing legal and investigative 
131.24  services shall to the extent practicable provide the services on 
131.25  a regular basis to the same board or boards. 
131.26     (b) The requirements in paragraph (a) with respect to the 
131.27  panel established in section 299A.465, subdivision 7, expire 
131.28  July 1, 2008. 
131.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
131.30  following final enactment. 
131.31     Sec. 5.  Minnesota Statutes 2004, section 259.11, is 
131.32  amended to read: 
131.33     259.11 [ORDER; FILING COPIES.] 
131.34     (a) Upon meeting the requirements of section 259.10, the 
131.35  court shall grant the application unless:  (1) it finds that 
131.36  there is an intent to defraud or mislead; (2) section 259.13 
132.1   prohibits granting the name change; or (3) in the case of the 
132.2   change of a minor child's name, the court finds that such name 
132.3   change is not in the best interests of the child.  The court 
132.4   shall set forth in the order the name and age of the applicant's 
132.5   spouse and each child of the applicant, if any, and shall state 
132.6   a description of the lands, if any, in which the applicant and 
132.7   the spouse and children, if any, claim to have an interest.  The 
132.8   court administrator shall file such order, and record the same 
132.9   in the judgment book.  If lands be described therein, a 
132.10  certified copy of the order shall be filed for record, by the 
132.11  applicant, with the county recorder of each county wherein any 
132.12  of the same are situated.  Before doing so the court 
132.13  administrator shall present the same to the county auditor who 
132.14  shall enter the change of name in the auditor's official records 
132.15  and note upon the instrument, over an official signature, the 
132.16  words "change of name recorded."  Any such order shall not be 
132.17  filed, nor any certified copy thereof be issued, until the 
132.18  applicant shall have paid to the county recorder and court 
132.19  administrator the fee required by law.  No application shall be 
132.20  denied on the basis of the marital status of the applicant. 
132.21     (b) When a person applies for a name change, the court 
132.22  shall determine whether the person has been convicted of a 
132.23  felony a criminal history in this or any other state.  The court 
132.24  may conduct a search of national records through the Federal 
132.25  Bureau of Investigation by submitting a set of fingerprints and 
132.26  the appropriate fee to the Bureau of Criminal Apprehension.  If 
132.27  so it is determined that the person has a criminal history in 
132.28  this or any other state, the court shall, within ten days after 
132.29  the name change application is granted, report the name change 
132.30  to the Bureau of Criminal Apprehension.  The person whose name 
132.31  is changed shall also report the change to the Bureau of 
132.32  Criminal Apprehension within ten days.  The court granting the 
132.33  name change application must explain this reporting duty in its 
132.34  order.  Any person required to report the person's name change 
132.35  to the Bureau of Criminal Apprehension who fails to report the 
132.36  name change as required under this paragraph is guilty of a 
133.1   gross misdemeanor.  
133.2      (c) Paragraph (b) does not apply to either: 
133.3      (1) a request for a name change as part of an application 
133.4   for a marriage license under section 517.08; or 
133.5      (2) a request for a name change in conjunction with a 
133.6   marriage dissolution under section 518.27. 
133.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
133.8      Sec. 6.  Minnesota Statutes 2004, section 299A.465, is 
133.9   amended by adding a subdivision to read: 
133.10     Subd. 6.  [DETERMINATION OF SCOPE AND DUTIES.] (a) Whenever 
133.11  a peace officer or firefighter has been approved to receive a 
133.12  duty-related disability pension, the officer or firefighter may 
133.13  apply to the panel established in subdivision 7 for a 
133.14  determination of whether or not the officer or firefighter meets 
133.15  the requirements in subdivision 1, paragraph (a), clause (2).  
133.16  In making this decision, the panel shall determine whether or 
133.17  not the officer's or firefighter's occupational duties or 
133.18  professional responsibilities put the officer or firefighter at 
133.19  risk for the type of illness or injury actually sustained.  A 
133.20  final determination by the panel is binding on the applicant and 
133.21  the employer, subject to any right of judicial review.  
133.22  Applications must be made within 90 days of receipt of approval 
133.23  of a duty-related pension and must be acted upon by the panel 
133.24  within 90 days of receipt.  Applications that are not acted upon 
133.25  within 90 days of receipt by the panel are approved.  
133.26  Applications and supporting documents are private data. 
133.27     (b) This subdivision expires July 1, 2008.  
133.28     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
133.29  and applies to duty-related pension approvals made on or after 
133.30  that date. 
133.31     Sec. 7.  Minnesota Statutes 2004, section 299A.465, is 
133.32  amended by adding a subdivision to read: 
133.33     Subd. 7.  [COURSE AND SCOPE OF DUTIES PANEL.] (a) A panel 
133.34  is established for the purpose set forth in subdivision 6, 
133.35  composed of the following seven members: 
133.36     (1) two members recommended by the Minnesota League of 
134.1   Cities or a successor; 
134.2      (2) one member recommended by the Association of Minnesota 
134.3   Counties or a successor; 
134.4      (3) two members recommended by the Minnesota Police and 
134.5   Peace Officers Association or a successor; 
134.6      (4) one member recommended by the Minnesota Professional 
134.7   Firefighters Association or a successor; and 
134.8      (5) one nonorganizational member recommended by the six 
134.9   organizational members. 
134.10     (b) Recommendations must be forwarded to the commissioner 
134.11  of public safety who shall appoint the recommended members after 
134.12  determining that they were properly recommended.  Members shall 
134.13  serve for two years or until their successors have been seated.  
134.14  No member may serve more than three consecutive terms.  
134.15  Vacancies on the panel must be filled by recommendation by the 
134.16  organization whose representative's seat has been vacated.  A 
134.17  vacancy of the nonorganizational seat must be filled by the 
134.18  recommendation of the panel.  Vacancies may be declared by the 
134.19  panel in cases of resignation or when a member misses three or 
134.20  more consecutive meetings, or by a nominating organization when 
134.21  its nominee is no longer a member in good standing of the 
134.22  organization, an employee of the organization, or an employee of 
134.23  a member in good standing of the organization.  A member 
134.24  appointed because of a vacancy shall serve until the expiration 
134.25  of the vacated term. 
134.26     (c) Panel members shall be reimbursed for expenses related 
134.27  to their duties according to section 15.059, subdivision 3, 
134.28  paragraph (a), but shall not receive compensation or per diem 
134.29  payments.  The panel's proceedings and determinations constitute 
134.30  a quasi-judicial process and its operation must comply with 
134.31  chapter 14.  Membership on the panel does not constitute holding 
134.32  a public office and members of the panel are not required to 
134.33  take and file oaths of office or submit a public official's bond 
134.34  before serving on the panel.  No member of the panel may be 
134.35  disqualified from holding any public office or employment by 
134.36  reason of being appointed to the panel.  Members of the panel 
135.1   and staff or consultants working with the panel are covered by 
135.2   the immunity provision in section 214.34, subdivision 2.  The 
135.3   panel shall elect a chair and adopt rules of order.  The panel 
135.4   shall convene no later than July 1, 2005. 
135.5      (d) This subdivision expires July 1, 2008. 
135.6      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
135.7   following final enactment. 
135.8      Sec. 8.  Minnesota Statutes 2004, section 299C.095, 
135.9   subdivision 1, is amended to read: 
135.10     Subdivision 1.  [ACCESS TO DATA ON JUVENILES.] (a) The 
135.11  bureau shall administer and maintain the computerized juvenile 
135.12  history record system based on sections 260B.171 and 260C.171 
135.13  and other statutes requiring the reporting of data on 
135.14  juveniles.  The data in the system are private data as defined 
135.15  in section 13.02, subdivision 12, but are accessible to criminal 
135.16  justice agencies as defined in section 13.02, subdivision 3a, to 
135.17  all trial courts and appellate courts, to a person who has 
135.18  access to the juvenile court records as provided in sections 
135.19  260B.171 and 260C.171 or under court rule, to public defenders 
135.20  as provided in section 611.272, and to criminal justice agencies 
135.21  in other states in the conduct of their official duties. 
135.22     (b) Except for access authorized under paragraph (a), the 
135.23  bureau shall only disseminate a juvenile adjudication history 
135.24  record in connection with a background check required by statute 
135.25  or rule and performed on a licensee, license applicant, or 
135.26  employment applicant or performed under section 299C.62 or 
135.27  624.713.  If the background check is performed under section 
135.28  299C.62, juvenile adjudication history disseminated under this 
135.29  paragraph is limited to offenses that would constitute a 
135.30  background check crime as defined in section 299C.61, 
135.31  subdivision 2.  A consent for release of information from an 
135.32  individual who is the subject of a juvenile adjudication history 
135.33  is not effective and the bureau shall not release a juvenile 
135.34  adjudication history record and shall not release information in 
135.35  a manner that reveals the existence of the record.  Data 
135.36  maintained under section 243.166, released in conjunction with a 
136.1   background check, regardless of the age of the offender at the 
136.2   time of the offense, does not constitute releasing information 
136.3   in a manner that reveals the existence of a juvenile 
136.4   adjudication history. 
136.5      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
136.6      Sec. 9.  Minnesota Statutes 2004, section 299C.11, is 
136.7   amended to read: 
136.8      299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
136.9      (a) Each sheriff and chief of police shall furnish the 
136.10  bureau, upon such form as the superintendent shall prescribe, 
136.11  with such finger and thumb prints, photographs, distinctive 
136.12  physical mark identification data, information on known aliases 
136.13  and street names, and other identification data as may be 
136.14  requested or required by the superintendent of the bureau, which 
136.15  must be taken under the provisions of section 299C.10.  In 
136.16  addition, sheriffs and chiefs of police shall furnish this 
136.17  identification data to the bureau for individuals found to have 
136.18  been convicted of a felony, gross misdemeanor, or targeted 
136.19  misdemeanor, within the ten years immediately preceding their 
136.20  arrest.  When the bureau learns that an individual who is the 
136.21  subject of a background check has used, or is using, identifying 
136.22  information, including, but not limited to, name and date of 
136.23  birth, other than those listed on the criminal history, the 
136.24  bureau may add the new identifying information to the criminal 
136.25  history when supported by fingerprints. 
136.26     (b) No petition under chapter 609A is required if the 
136.27  person has not been convicted of any felony or gross 
136.28  misdemeanor, either within or without the state, within the 
136.29  period of ten years immediately preceding the determination of 
136.30  all pending criminal actions or proceedings in favor of the 
136.31  arrested person, and either of the following occurred: 
136.32     (1) all charges were dismissed prior to a determination of 
136.33  probable cause; or 
136.34     (2) the prosecuting authority declined to file any charges 
136.35  and a grand jury did not return an indictment. 
136.36  Where these conditions are met, the bureau or agency shall, upon 
137.1   demand, return to the arrested person finger and thumb prints, 
137.2   photographs, distinctive physical mark identification data, 
137.3   information on known aliases and street names, and other 
137.4   identification data, and all copies and duplicates of them. 
137.5      (c) Except as otherwise provided in paragraph (b), upon the 
137.6   determination of all pending criminal actions or proceedings in 
137.7   favor of the arrested person, and the granting of the petition 
137.8   of the arrested person under chapter 609A, the bureau shall seal 
137.9   finger and thumb prints, photographs, distinctive physical mark 
137.10  identification data, information on known aliases and street 
137.11  names, and other identification data, and all copies and 
137.12  duplicates of them if the arrested person has not been convicted 
137.13  of any felony or gross misdemeanor, either within or without the 
137.14  state, within the period of ten years immediately preceding such 
137.15  determination. 
137.16     (d) DNA samples and DNA records of the arrested person 
137.17  shall not be returned, sealed, or destroyed as to a charge 
137.18  supported by probable cause.  
137.19     (e) For purposes of this section: 
137.20     (1) "determination of all pending criminal actions or 
137.21  proceedings in favor of the arrested person" does not include: 
137.22     (i) the sealing of a criminal record pursuant to section 
137.23  152.18, subdivision 1, 242.31, or chapter 609A; 
137.24     (ii) the arrested person's successful completion of a 
137.25  diversion program; 
137.26     (iii) an order of discharge under section 609.165; or 
137.27     (iv) a pardon granted under section 638.02; and 
137.28     (2) "targeted misdemeanor" has the meaning given in section 
137.29  299C.10, subdivision 1. 
137.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
137.31     Sec. 10.  Minnesota Statutes 2004, section 326.3382, is 
137.32  amended by adding a subdivision to read: 
137.33     Subd. 5.  [SPECIAL PROTECTIVE AGENT CLASSIFICATION.] The 
137.34  board shall establish a special protective agent license 
137.35  classification that provides that a person described in section 
137.36  326.338, subdivision 4, clause (4), who is otherwise qualified 
138.1   under this section need not meet the requirements of subdivision 
138.2   2, paragraph (c). 
138.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
138.4      Sec. 11.  Minnesota Statutes 2004, section 518B.01, is 
138.5   amended by adding a subdivision to read: 
138.6      Subd. 23.  [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) 
138.7   An employer shall not discharge, discipline, threaten, otherwise 
138.8   discriminate against, or penalize an employee regarding the 
138.9   employee's compensation, terms, conditions, location, or 
138.10  privileges of employment, because the employee took reasonable 
138.11  time off from work to obtain or attempt to obtain relief under 
138.12  this chapter.  Except in cases of imminent danger to the health 
138.13  or safety of the employee or the employee's child, an employee 
138.14  who is absent from the workplace shall give reasonable advance 
138.15  notice to the employer.  Upon request of the employer, the 
138.16  employee shall provide verification that supports the employee's 
138.17  reason for being absent from the workplace.  All information 
138.18  related to the employee's leave pursuant to this section shall 
138.19  be kept confidential by the employer. 
138.20     (b) An employer who violates paragraph (a) is guilty of a 
138.21  misdemeanor and may be punished for contempt of court.  In 
138.22  addition, the court shall order the employer to pay back wages 
138.23  and offer job reinstatement to any employee discharged from 
138.24  employment in violation of paragraph (a). 
138.25     (c) In addition to any remedies otherwise provided by law, 
138.26  an employee injured by a violation of paragraph (a) may bring a 
138.27  civil action for recovery of damages, together with costs and 
138.28  disbursements, including reasonable attorney fees, and may 
138.29  receive such injunctive and other equitable relief, including 
138.30  reinstatement, as determined by the court.  Total damages 
138.31  recoverable under this subdivision shall not exceed lost wages 
138.32  for six weeks.  
138.33     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
138.34  and applies to crimes committed on or after that date. 
138.35     Sec. 12.  Minnesota Statutes 2004, section 609.748, is 
138.36  amended by adding a subdivision to read: 
139.1      Subd. 10.  [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) 
139.2   An employer shall not discharge, discipline, threaten, otherwise 
139.3   discriminate against, or penalize an employee regarding the 
139.4   employee's compensation, terms, conditions, location, or 
139.5   privileges of employment, because the employee took reasonable 
139.6   time off from work to obtain or attempt to obtain relief under 
139.7   this section.  Except in cases of imminent danger to the health 
139.8   or safety of the employee or the employee's child, an employee 
139.9   who is absent from the workplace shall give reasonable advance 
139.10  notice to the employer.  Upon request of the employer, the 
139.11  employee shall provide verification that supports the employee's 
139.12  reason for being absent from the workplace.  All information 
139.13  related to the employee's leave pursuant to this section shall 
139.14  be kept confidential by the employer. 
139.15     (b) An employer who violates paragraph (a) is guilty of a 
139.16  misdemeanor and may be punished for contempt of court.  In 
139.17  addition, the court shall order the employer to pay back wages 
139.18  and offer job reinstatement to any employee discharged from 
139.19  employment in violation of paragraph (a). 
139.20     (c) In addition to any remedies otherwise provided by law, 
139.21  an employee injured by a violation of paragraph (a) may bring a 
139.22  civil action for recovery of damages, together with costs and 
139.23  disbursements, including reasonable attorney fees, and may 
139.24  receive such injunctive and other equitable relief, including 
139.25  reinstatement, as determined by the court.  Total damages 
139.26  recoverable under this subdivision shall not exceed lost wages 
139.27  for six weeks.  
139.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
139.29  and applies to crimes committed on or after that date. 
139.30     Sec. 13.  Minnesota Statutes 2004, section 611A.01, is 
139.31  amended to read: 
139.32     611A.01 [DEFINITIONS.] 
139.33     For the purposes of sections 611A.01 to 611A.06: 
139.34     (a) "crime" means conduct that is prohibited by local 
139.35  ordinance and results in bodily harm to an individual; or 
139.36  conduct that is included within the definition of "crime" in 
140.1   section 609.02, subdivision 1, or would be included within that 
140.2   definition but for the fact that (i) the person engaging in the 
140.3   conduct lacked capacity to commit the crime under the laws of 
140.4   this state, or (ii) the act was alleged or found to have been 
140.5   committed by a juvenile; 
140.6      (b) "victim" means a natural person who incurs loss or harm 
140.7   as a result of a crime, including a good faith effort to prevent 
140.8   a crime, and for purposes of sections 611A.04 and 611A.045, also 
140.9   includes (i) a corporation that incurs loss or harm as a result 
140.10  of a crime, (ii) a government entity that incurs loss or harm as 
140.11  a result of a crime, and (iii) any other entity authorized to 
140.12  receive restitution under section 609.10 or 609.125.  If the 
140.13  victim is a natural person and is deceased, "victim" means the 
140.14  deceased's surviving spouse or next of kin The term "victim" 
140.15  includes the family members, guardian, or custodian of a minor, 
140.16  incompetent, incapacitated, or deceased person.  In a case where 
140.17  the prosecutor finds that the number of family members makes it 
140.18  impracticable to accord all of the family members the rights 
140.19  described in sections 611A.02 to 611A.0395, the prosecutor shall 
140.20  establish a reasonable procedure to give effect to those 
140.21  rights.  The procedure may not limit the number of victim impact 
140.22  statements submitted to the court under section 611A.038.  The 
140.23  term "victim" does not include the person charged with or 
140.24  alleged to have committed the crime; and 
140.25     (c) "juvenile" has the same meaning as given to the term 
140.26  "child" in section 260B.007, subdivision 3. 
140.27     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
140.28     Sec. 14.  Minnesota Statutes 2004, section 611A.036, is 
140.29  amended to read: 
140.30     611A.036 [PROHIBITION AGAINST EMPLOYER RETALIATION.] 
140.31     Subdivision 1.  [VICTIM OR WITNESS.] An employer or 
140.32  employer's agent who threatens to discharge or discipline must 
140.33  allow a victim or witness, or who discharges, disciplines, or 
140.34  causes a victim or witness to be discharged from employment or 
140.35  disciplined because the victim or the witness who is subpoenaed 
140.36  or requested by the prosecutor to attend court for the purpose 
141.1   of giving testimony, is guilty of a misdemeanor and may be 
141.2   punished for contempt of court.  In addition, the court shall 
141.3   order the employer to offer job reinstatement to any victim or 
141.4   witness discharged from employment in violation of this section, 
141.5   and to pay the victim or witness back wages as 
141.6   appropriate reasonable time off from work to attend criminal 
141.7   proceedings related to the victim's case. 
141.8      Subd. 2.  [VICTIM'S SPOUSE OR NEXT OF KIN.] An employer 
141.9   must allow a victim of a heinous crime, as well as the victim's 
141.10  spouse or next of kin, reasonable time off from work to attend 
141.11  criminal proceedings related to the victim's case. 
141.12     Subd. 3.  [PROHIBITED ACTS.] An employer shall not 
141.13  discharge, discipline, threaten, otherwise discriminate against, 
141.14  or penalize an employee regarding the employee's compensation, 
141.15  terms, conditions, location, or privileges of employment, 
141.16  because the employee took reasonable time off from work to 
141.17  attend a criminal proceeding pursuant to this section. 
141.18     Subd. 4.  [VERIFICATION; CONFIDENTIALITY.] An employee who 
141.19  is absent from the workplace shall give reasonable advance 
141.20  notice to the employer, unless an emergency prevents the 
141.21  employee from doing so.  Upon request of the employer, the 
141.22  employee shall provide verification that supports the employee's 
141.23  reason for being absent from the workplace.  All information 
141.24  related to the employee's leave pursuant to this section shall 
141.25  be kept confidential by the employer. 
141.26     Subd. 5.  [PENALTY.] An employer who violates this section 
141.27  is guilty of a misdemeanor and may be punished for contempt of 
141.28  court.  In addition, the court shall order the employer to offer 
141.29  job reinstatement to any employee discharged from employment in 
141.30  violation of this section, and to pay the employee back wages as 
141.31  appropriate. 
141.32     Subd. 6.  [CIVIL ACTION.] In addition to any remedies 
141.33  otherwise provided by law, an employee injured by a violation of 
141.34  this section may bring a civil action for recovery for damages, 
141.35  together with costs and disbursements, including reasonable 
141.36  attorney fees, and may receive such injunctive and other 
142.1   equitable relief, including reinstatement, as determined by the 
142.2   court.  Total damages recoverable under this section shall not 
142.3   exceed lost wages for six weeks. 
142.4      Subd. 7.  [DEFINITION.] As used in this section, "heinous 
142.5   crime" means: 
142.6      (1) a violation or attempted violation of section 609.185 
142.7   or 609.19; 
142.8      (2) a violation of section 609.195 or 609.221; or 
142.9      (3) a violation of section 609.342, 609.343, or 609.344, if 
142.10  the offense was committed with force or violence or if the 
142.11  complainant was a minor at the time of the offense. 
142.12     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
142.13  and applies to crimes committed on or after that date. 
142.14     Sec. 15.  Minnesota Statutes 2004, section 611A.19, is 
142.15  amended to read: 
142.16     611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
142.17  VIRUS.] 
142.18     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
142.19  the request or with the consent of the victim, the prosecutor 
142.20  shall make a motion in camera and the sentencing court shall 
142.21  issue an order requiring an adult convicted of or a juvenile 
142.22  adjudicated delinquent for violating section 609.342 (criminal 
142.23  sexual conduct in the first degree), 609.343 (criminal sexual 
142.24  conduct in the second degree), 609.344 (criminal sexual conduct 
142.25  in the third degree), 609.345 (criminal sexual conduct in the 
142.26  fourth degree), or any other violent crime, as defined in 
142.27  section 609.1095, to submit to testing to determine the presence 
142.28  of human immunodeficiency virus (HIV) antibody if:  
142.29     (1) the crime involved sexual penetration, however slight, 
142.30  as defined in section 609.341, subdivision 12; or 
142.31     (2) evidence exists that the broken skin or mucous membrane 
142.32  of the victim was exposed to or had contact with the offender's 
142.33  semen or blood during the commission of the crime in a manner 
142.34  which has been demonstrated epidemiologically to transmit the 
142.35  human immunodeficiency virus (HIV).  
142.36     (b) When the court orders an offender to submit to testing 
143.1   under paragraph (a), the court shall order that the test be 
143.2   performed by an appropriate health professional who is trained 
143.3   to provide the counseling described in section 144.7414, and 
143.4   that no reference to the test, the motion requesting the test, 
143.5   the test order, or the test results may appear in the criminal 
143.6   record or be maintained in any record of the court or court 
143.7   services, except in the medical record maintained by the 
143.8   Department of Corrections. 
143.9      (c) The order shall include the name and contact 
143.10  information of the victim's choice of health care provider.  
143.11     Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
143.12  results of a test performed under subdivision 1 are private data 
143.13  as defined in section 13.02, subdivision 12, when maintained by 
143.14  a person subject to chapter 13, or may be released only with the 
143.15  subject's consent, if maintained by a person not subject to 
143.16  chapter 13.  The results are available, on request, to the 
143.17  victim or, if the victim is a minor, to the victim's parent or 
143.18  guardian and positive test results shall be reported to the 
143.19  commissioner of health.  Any test results shall be given to a 
143.20  victim or victim's parent or guardian shall be provided by a 
143.21  health professional who is trained to provide the counseling 
143.22  described in section 144.7414 by the Department of Correction's 
143.23  medical director to the victim's health care provider who shall 
143.24  give the results to the victim or victim's parent or guardian.  
143.25  Data regarding administration and results of the test are not 
143.26  accessible to any other person for any purpose and shall not be 
143.27  maintained in any record of the court or court services or any 
143.28  other record.  After the test results are given to the victim or 
143.29  the victim's parent or guardian, data on the test must be 
143.30  removed from any medical data or health records maintained under 
143.31  section 13.384 or 144.335 and destroyed, except for those 
143.32  medical records maintained by the Department of Corrections. 
143.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
143.34     Sec. 16.  Minnesota Statutes 2004, section 611A.53, 
143.35  subdivision 1b, is amended to read: 
143.36     Subd. 1b.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 
144.1   Minnesota resident who is the victim of a crime committed 
144.2   outside the geographical boundaries of this state but who 
144.3   otherwise meets the requirements of this section shall have the 
144.4   same rights under this chapter as if the crime had occurred 
144.5   within this state upon a showing that the state, territory, or 
144.6   United States possession, country, or political subdivision of a 
144.7   country in which the crime occurred does not have a crime victim 
144.8   reparations law covering the resident's injury or death.  
144.9      (b) Notwithstanding paragraph (a), a Minnesota resident who 
144.10  is the victim of a crime involving international terrorism who 
144.11  otherwise meets the requirements of this section has the same 
144.12  rights under this chapter as if the crime had occurred within 
144.13  this state regardless of where the crime occurred or whether the 
144.14  jurisdiction has a crime victims reparations law. 
144.15     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
144.16  and applies to those seeking reparations on or after that date. 
144.17     Sec. 17.  [SPECIAL REVENUE SPENDING AUTHORIZATION FROM 
144.18  CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.] 
144.19     Remaining balances in the special revenue fund from 
144.20  spending authorized by Laws 2001, First Special Session chapter 
144.21  8, article 7, section 14, subdivision 1, for which spending 
144.22  authorization ended June 30, 2003, under Laws 2001, First 
144.23  Special Session, chapter 8, article 7, section 14, subdivision 
144.24  3, are transferred to the general fund.  
144.25     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
144.26     Sec. 18.  [TRANSFER OF RESPONSIBILITIES.] 
144.27     The responsibility of the Department of Employment and 
144.28  Economic Development for the youth intervention program is 
144.29  transferred to the Department of Public Safety. 
144.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
144.31     Sec. 19.  [REVISOR INSTRUCTION.] 
144.32     The revisor of statutes shall renumber Minnesota Statutes, 
144.33  section 116L.30 as section 299A.73.  The revisor shall also make 
144.34  necessary cross-reference changes consistent with the 
144.35  renumbering. 
144.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
145.1                              ARTICLE 9
145.2                             FIRE MARSHAL 
145.3      Section 1.  Minnesota Statutes 2004, section 84.362, is 
145.4   amended to read: 
145.5      84.362 [REMOVAL OF STRUCTURES.] 
145.6      Until after the sale of any parcel of tax-forfeited land, 
145.7   whether classified as agricultural or nonagricultural hereunder, 
145.8   the county auditor may, with the approval of the commissioner, 
145.9   provide: 
145.10     (1) for the sale or demolition of any structure located 
145.11  thereon, which on the land that has been determined by the 
145.12  county board to be within the purview of section 299F.10, 
145.13  especially liable to fire or so situated as to endanger life or 
145.14  limb or other buildings or property in the vicinity because of 
145.15  age, dilapidated condition, defective chimney, defective 
145.16  electric wiring, any gas connection, heating apparatus, or other 
145.17  defect; and 
145.18     (2) for the sale of salvage material, if any, therefrom.  
145.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
145.20     Sec. 2.  Minnesota Statutes 2004, section 282.04, 
145.21  subdivision 2, is amended to read: 
145.22     Subd. 2.  [RIGHTS BEFORE SALE; IMPROVEMENTS, INSURANCE, 
145.23  DEMOLITION.] (a) Before the sale of a parcel of forfeited land 
145.24  the county auditor may, with the approval of the county board of 
145.25  commissioners, provide for the repair and improvement of any 
145.26  building or structure located upon the parcel, and may provide 
145.27  for maintenance of tax-forfeited lands, if it is determined by 
145.28  the county board that such repairs, improvements, or maintenance 
145.29  are necessary for the operation, use, preservation, and safety 
145.30  of the building or structure.  
145.31     (b) If so authorized by the county board, the county 
145.32  auditor may insure the building or structure against loss or 
145.33  damage resulting from fire or windstorm, may purchase workers' 
145.34  compensation insurance to insure the county against claims for 
145.35  injury to the persons employed in the building or structure by 
145.36  the county, and may insure the county, its officers and 
146.1   employees against claims for injuries to persons or property 
146.2   because of the management, use, or operation of the building or 
146.3   structure.  
146.4      (c) The county auditor may, with the approval of the county 
146.5   board, provide: 
146.6      (1) for the demolition of the building or structure, which 
146.7   has been determined by the county board to be within the purview 
146.8   of section 299F.10, especially liable to fire or so situated as 
146.9   to endanger life or limb or other buildings or property in the 
146.10  vicinity because of age, dilapidated condition, defective 
146.11  chimney, defective electric wiring, any gas connection, heating 
146.12  apparatus, or other defect; and 
146.13     (2) for the sale of salvaged materials from the building or 
146.14  structure.  
146.15     (d) The county auditor, with the approval of the county 
146.16  board, may provide for the sale of abandoned personal property.  
146.17  The sale may be made by the sheriff using the procedures for the 
146.18  sale of abandoned property in section 345.15 or by the county 
146.19  auditor using the procedures for the sale of abandoned property 
146.20  in section 504B.271.  The net proceeds from any sale of the 
146.21  personal property, salvaged materials, timber or other products, 
146.22  or leases made under this law must be deposited in the forfeited 
146.23  tax sale fund and must be distributed in the same manner as if 
146.24  the parcel had been sold. 
146.25     (e) The county auditor, with the approval of the county 
146.26  board, may provide for the demolition of any structure on 
146.27  tax-forfeited lands, if in the opinion of the county board, the 
146.28  county auditor, and the land commissioner, if there is one, the 
146.29  sale of the land with the structure on it, or the continued 
146.30  existence of the structure by reason of age, dilapidated 
146.31  condition or excessive size as compared with nearby structures, 
146.32  will result in a material lessening of net tax capacities of 
146.33  real estate in the vicinity of the tax-forfeited lands, or if 
146.34  the demolition of the structure or structures will aid in 
146.35  disposing of the tax-forfeited property. 
146.36     (f) Before the sale of a parcel of forfeited land located 
147.1   in an urban area, the county auditor may with the approval of 
147.2   the county board provide for the grading of the land by filling 
147.3   or the removal of any surplus material from it.  If the physical 
147.4   condition of forfeited lands is such that a reasonable grading 
147.5   of the lands is necessary for the protection and preservation of 
147.6   the property of any adjoining owner, the adjoining property 
147.7   owner or owners may apply to the county board to have the 
147.8   grading done.  If, after considering the application, the county 
147.9   board believes that the grading will enhance the value of the 
147.10  forfeited lands commensurate with the cost involved, it may 
147.11  approve it, and the work must be performed under the supervision 
147.12  of the county or city engineer, as the case may be, and the 
147.13  expense paid from the forfeited tax sale fund. 
147.14     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
147.15     Sec. 3.  Minnesota Statutes 2004, section 299F.011, 
147.16  subdivision 7, is amended to read: 
147.17     Subd. 7.  [FEES.] A fee of $100 shall be charged by The 
147.18  state fire marshal shall charge a fee of $100 for each plan 
147.19  review involving: 
147.20     (1) flammable liquids under Minnesota Rules, part 
147.21  7510.3650; 
147.22     (2) motor vehicle fuel-dispensing stations under Minnesota 
147.23  Rules, part 7510.3610; or 
147.24     (3) liquefied petroleum gases under Minnesota Rules, part 
147.25  7510.3670. 
147.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
147.27     Sec. 4.  Minnesota Statutes 2004, section 299F.014, is 
147.28  amended to read: 
147.29     299F.014 [RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK 
147.30  VEHICLE PARKING.] 
147.31     (a) Any rule of the commissioner of public safety that 
147.32  adopts provisions of the Uniform State Fire Code relating to 
147.33  aboveground tanks for petroleum storage that are not used for 
147.34  dispensing to the public is superseded by Minnesota Rules, 
147.35  chapter 7151, in regard to:  secondary containment, substance 
147.36  transfer areas, tank and piping standards, overfill protection, 
148.1   corrosion protection, leak detection, labeling, monitoring, 
148.2   maintenance, record keeping, and decommissioning.  If Minnesota 
148.3   Rules, chapter 7151, does not address an issue relating to 
148.4   aboveground tanks for petroleum storage that are not used for 
148.5   dispensing to the public, any applicable provision of the 
148.6   Uniform State Fire Code, 1997 Edition, shall apply applies. 
148.7      (b) A motorized tank vehicle used to transport petroleum 
148.8   products may be parked within 500 feet of a residence if the 
148.9   vehicle is parked at an aboveground tank facility used for 
148.10  dispensing petroleum into cargo tanks for sale at another 
148.11  location. 
148.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
148.13     Sec. 5.  Minnesota Statutes 2004, section 299F.05, is 
148.14  amended to read: 
148.15     299F.05 [LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.] 
148.16     Subdivision 1.  [INVESTIGATION, ARREST, AND PROSECUTION.] 
148.17  The state fire marshal, On determining that reasonable grounds 
148.18  exist to believe that a violation of sections 609.561 to 609.576 
148.19  has occurred, or reasonable grounds to believe that some other 
148.20  crime has occurred in connection with a fire investigated 
148.21  pursuant to section 299F.04, the state fire marshal shall so 
148.22  inform the superintendent of the Bureau of Criminal 
148.23  Apprehension.  The superintendent law enforcement authority 
148.24  having jurisdiction, who shall cooperate with the fire marshal 
148.25  and local fire officials in further investigating the reported 
148.26  incident in a manner which that may include supervising and 
148.27  directing the subsequent criminal investigation, and taking the 
148.28  testimony on oath of all persons supposed to be cognizant of any 
148.29  facts relating to the matter under investigation.  If the 
148.30  superintendent believes On determining that there is evidence 
148.31  sufficient to charge any person with a violation of sections 
148.32  609.561 to 609.576, or of any other crime in connection with an 
148.33  investigated fire, the superintendent authority having 
148.34  jurisdiction shall arrest or cause have the person to be 
148.35  arrested and charged with the offense and furnish to the proper 
148.36  prosecuting attorney all relevant evidence, together with the 
149.1   copy of all names of witnesses and all the information obtained 
149.2   by the superintendent authority or the state fire marshal, 
149.3   including a copy of all pertinent and material testimony taken 
149.4   in the case. 
149.5      Subd. 2.  [INFORMATION SYSTEM.] The state fire marshal and 
149.6   the superintendent of the Bureau of Criminal Apprehension shall 
149.7   maintain a record of arrests, charges filed, and final 
149.8   disposition of all fires reported and investigated under 
149.9   sections 299F.04 and 299F.05.  For this purpose, the Department 
149.10  of Public Safety shall implement a single reporting system shall 
149.11  be implemented by the Department of Public Safety utilizing the 
149.12  systems operated by the fire marshal and the bureau.  The system 
149.13  shall must be operated in such a way as to minimize duplication 
149.14  and discrepancies in reported figures. 
149.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
149.16     Sec. 6.  Minnesota Statutes 2004, section 299F.051, 
149.17  subdivision 4, is amended to read: 
149.18     Subd. 4.  [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 
149.19  state fire marshal and the superintendent of the Bureau of 
149.20  Criminal Apprehension shall encourage the cooperation of local 
149.21  firefighters and peace officers in the investigation of 
149.22  violations of sections 609.561 to 609.576 or other crimes 
149.23  associated with reported fires in all appropriate ways, 
149.24  including providing reimbursement to political subdivisions at a 
149.25  rate not to exceed 50 percent of the salaries of peace officers 
149.26  and firefighters for time spent in attending fire investigation 
149.27  training courses offered by the arson training unit.  Volunteer 
149.28  firefighters from a political subdivision shall be reimbursed at 
149.29  the rate of $35 per day plus expenses incurred in attending fire 
149.30  investigation training courses offered by the arson training 
149.31  unit.  Reimbursement shall be made only in the event that both a 
149.32  peace officer and a firefighter from the same political 
149.33  subdivision attend the same training course.  The reimbursement 
149.34  shall be subject to the limitation of funds appropriated and 
149.35  available for expenditure.  The state fire marshal and the 
149.36  superintendent also shall encourage local firefighters and peace 
150.1   officers to seek assistance from the arson strike force 
150.2   established in section 299F.058. 
150.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
150.4      Sec. 7.  Minnesota Statutes 2004, section 299F.06, 
150.5   subdivision 1, is amended to read: 
150.6      Subdivision 1.  [SUMMON WITNESSES; PRODUCE DOCUMENTARY 
150.7   EVIDENCE.] (a) In order to establish if reasonable grounds exist 
150.8   to believe that a violation of sections 609.561 to 609.576, has 
150.9   occurred, or to determine compliance with the Uniform State Fire 
150.10  Code or corrective orders issued thereunder under that code, the 
150.11  state fire marshal and the staff designated by the state fire 
150.12  marshal shall have the power, in any county of the state to, may 
150.13  summon and compel the attendance of witnesses to testify before 
150.14  the state fire marshal, chief assistant fire marshal, or deputy 
150.15  state fire marshals, and may require the production of any book, 
150.16  paper, or document deemed pertinent.  The state fire marshal may 
150.17  also designate certain individuals from fire departments in 
150.18  cities of the first class and cities of the second class as 
150.19  having the powers set forth in this paragraph.  These designated 
150.20  individuals may only exercise their powers in a manner 
150.21  prescribed by the state fire marshal.  "Fire department" has the 
150.22  meaning given in section 299F.092, subdivision 6.  "Cities of 
150.23  the first class" and "cities of the second class" have the 
150.24  meanings given in section 410.01.  
150.25     (b) A summons issued under this subdivision shall must be 
150.26  served in the same manner and have has the same effect as 
150.27  subpoenas a subpoena issued from a district courts court.  All 
150.28  witnesses shall must receive the same compensation as is paid to 
150.29  witnesses in district courts, which shall must be paid out of 
150.30  the fire marshal fund upon vouchers a voucher certificate signed 
150.31  by the state fire marshal, chief assistant fire marshal, or 
150.32  deputy fire marshal before whom any witnesses shall have 
150.33  attended and this officer shall, at the close of the 
150.34  investigation wherein in which the witness was subpoenaed, 
150.35  certify to the attendance and mileage of the witness, which.  
150.36  This certificate shall must be filed in the Office of the State 
151.1   Fire Marshal.  All investigations held by or under the direction 
151.2   of the state fire marshal, or any subordinate, may, in the state 
151.3   fire marshal's discretion, be private and persons other than 
151.4   those required to be present by the provisions of this chapter 
151.5   may be excluded from the place where the investigation is held, 
151.6   and witnesses may be kept separate and apart from each other and 
151.7   not allowed to communicate with each other until they have been 
151.8   examined. 
151.9      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
151.10     Sec. 8.  Minnesota Statutes 2004, section 299F.19, 
151.11  subdivision 1, is amended to read: 
151.12     Subdivision 1.  [RULES.] The commissioner of public safety 
151.13  shall adopt rules for the safekeeping, storage, handling, use, 
151.14  or other disposition of flammable liquids, flammable gases, 
151.15  blasting agents, and explosives.  Loads carried in or on 
151.16  vehicles transporting such these products upon public highways 
151.17  within this state shall be are governed by the uniform vehicle 
151.18  size and weights provisions in sections 169.80 to 169.88 and the 
151.19  transportation of hazardous materials provisions of section 
151.20  221.033.  The rules for flammable liquids and flammable gases 
151.21  shall be distinguished from each other and from the rules 
151.22  covering other materials subject to regulation under this 
151.23  subdivision. 
151.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
151.25     Sec. 9.  Minnesota Statutes 2004, section 299F.19, 
151.26  subdivision 2, is amended to read: 
151.27     Subd. 2.  [BLASTING AGENT DEFINED; EXPLOSIVES CLASSIFIED.] 
151.28  (a) For the purposes of this section, and the rules adopted 
151.29  pursuant thereto, the term to this section: 
151.30     (a) "Blasting agent" means any material or mixture, 
151.31  consisting of a fuel and oxidizer, intended for blasting, not 
151.32  otherwise classified as an explosive and in which none of the 
151.33  ingredients is classified as an explosive,; providing that, the 
151.34  finished product, as mixed and packaged for use or shipment, 
151.35  cannot be detonated by means of a number 8 test blasting cap 
151.36  when unconfined.  The term "Blasting agent" does not include 
152.1   flammable liquids or flammable gases. 
152.2      (b) For the purposes of this section, and the rules adopted 
152.3   pursuant thereto, "Explosive" means any chemical compound, 
152.4   mixture, or device, the primary or common purpose of which is to 
152.5   function by explosion.  The term includes, but is not limited 
152.6   to, dynamite, black powder, pellet powder, initiating 
152.7   explosives, detonators, safety fuses, squibs, detonating cord, 
152.8   igniter cord, igniters, display fireworks, and class 1.3G 
152.9   fireworks (formerly classified as Class B special fireworks).  
152.10  "Explosive" includes any material determined to be within the 
152.11  scope of United States Code, title 18, chapter 40, and also 
152.12  includes any material classified as an explosive other than 
152.13  consumer fireworks, 1.4G (Class C, Common), by the hazardous 
152.14  materials regulations of the United States Department of 
152.15  Transportation (DOTn) in Code of Federal Regulations, title 49. 
152.16     (c) Explosives are divided into three classes four 
152.17  categories and are defined as follows: 
152.18     (1) class A explosives:  possessing detonating or otherwise 
152.19  maximum hazard, such as dynamite, nitroglycerin, picric acid, 
152.20  lead azide, fulminate of mercury, blasting caps, and detonating 
152.21  primers; 
152.22     (2) class B explosives:  possessing flammable hazard, such 
152.23  as propellant explosives (including some smokeless powders), 
152.24  black powder, photographic flash powders, and some special 
152.25  fireworks; 
152.26     (3) class C explosives:  includes certain types of 
152.27  manufactured articles which contain class A, or class B 
152.28  explosives, or both, as components but in restricted quantities. 
152.29  The term explosive or explosives means any chemical compound, 
152.30  mixture or device, the primary or common purpose of which is to 
152.31  function by explosion; that is, with substantially instantaneous 
152.32  release of gas and heat, unless such compound, mixture, or 
152.33  device is otherwise specifically classified by the United States 
152.34  Department of Transportation.  The term explosives includes all 
152.35  material which is classified as class A, class B, and class C 
152.36  explosives by the United States Department of Transportation, 
153.1   and includes, but is not limited to dynamite, black powder, 
153.2   pellet powder, initiating explosives, blasting caps, electric 
153.3   blasting caps, safety fuse, fuse lighters, fuse igniters, 
153.4   squibs, cordeau detonate fuse, instantaneous fuse, igniter cord, 
153.5   igniters, and some special fireworks.  Commercial explosives are 
153.6   those explosives which are intended to be used in commercial or 
153.7   industrial operation.  The term explosives does not include 
153.8   flammable liquids or flammable gases. 
153.9      (1) High explosive:  explosive material, such as dynamite, 
153.10  that can be caused to detonate by means of a number eight test 
153.11  blasting cap when unconfined. 
153.12     (2) Low explosive:  explosive material that will burn or 
153.13  deflagrate when ignited, characterized by a rate of reaction 
153.14  that is less than the speed of sound, including, but not limited 
153.15  to, black powder, safety fuse, igniters, igniter cord, fuse 
153.16  lighters, class 1.3G fireworks (formerly classified as Class B 
153.17  special fireworks), and class 1.3C propellants. 
153.18     (3) Mass-detonating explosives:  division 1.1, 1.2, and 1.5 
153.19  explosives alone or in combination, or loaded into various types 
153.20  of ammunition or containers, most of which can be expected to 
153.21  explode virtually instantaneously when a small portion is 
153.22  subjected to fire, severe concussion, impact, the impulse of an 
153.23  initiating agent, or the effect of a considerable discharge of 
153.24  energy from without.  Materials that react in this manner 
153.25  represent a mass explosion hazard.  Such an explosive will 
153.26  normally cause severe structural damage to adjacent objects.  
153.27  Explosive propagation could occur immediately to other items of 
153.28  ammunition and explosives stored sufficiently close to and not 
153.29  adequately protected from the initially exploding pile with a 
153.30  time interval short enough so that two or more quantities must 
153.31  be considered as one for quantity-distance purposes. 
153.32     (4) United Nations/United States Department of 
153.33  Transportation (UN/DOTn) Class 1 explosives:  the hazard class 
153.34  of explosives that further defines and categorizes explosives 
153.35  under the current system applied by DOTn for all explosive 
153.36  materials into further divisions as follows, with the letter G 
154.1   identifying the material as a pyrotechnic substance or article 
154.2   containing a pyrotechnic substance and similar materials: 
154.3      (i) Division 1.1 explosives have a mass explosion hazard.  
154.4   A mass explosion is one that affects almost the entire load 
154.5   instantaneously. 
154.6      (ii) Division 1.2 explosives have a projection hazard but 
154.7   not a mass explosion hazard. 
154.8      (iii) Division 1.3 explosives have a fire hazard and either 
154.9   a minor blast hazard or a minor projection hazard or both, but 
154.10  not a mass explosion hazard. 
154.11     (iv) Division 1.4 explosives pose a minor explosion 
154.12  hazard.  The explosive effects are largely confined to the 
154.13  package and no projection of fragments of appreciable size or 
154.14  range is to be expected.  An external fire must not cause 
154.15  virtually instantaneous explosion of almost the entire contents 
154.16  of the package. 
154.17     (v) Division 1.5 explosives are very insensitive and are 
154.18  comprised of substances that have a mass explosion hazard, but 
154.19  are so insensitive that there is very little probability of 
154.20  initiation or of transition from burning to detonation under 
154.21  normal conditions of transport. 
154.22     (vi) Division 1.6 explosives are extremely insensitive and 
154.23  do not have a mass explosion hazard, comprised of articles that 
154.24  contain only extremely insensitive detonating substances and 
154.25  that demonstrate a negligible probability of accidental 
154.26  initiation or propagation. 
154.27     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
154.28     Sec. 10.  Minnesota Statutes 2004, section 299F.362, 
154.29  subdivision 3, is amended to read: 
154.30     Subd. 3.  [SMOKE DETECTOR FOR ANY DWELLING.] Every dwelling 
154.31  unit within a dwelling shall must be provided with a smoke 
154.32  detector meeting the requirements of Underwriters Laboratories, 
154.33  Inc., or approved by the International Conference of Building 
154.34  Officials the State Fire Code.  The detector shall must be 
154.35  mounted in accordance with the rules regarding smoke detector 
154.36  location promulgated adopted under the provisions of subdivision 
155.1   2.  When actuated, the detector shall must provide an alarm in 
155.2   the dwelling unit. 
155.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
155.4      Sec. 11.  Minnesota Statutes 2004, section 299F.362, 
155.5   subdivision 4, is amended to read: 
155.6      Subd. 4.  [SMOKE DETECTOR FOR APARTMENT, LODGING HOUSE, OR 
155.7   HOTEL.] Every dwelling unit within an apartment house and every 
155.8   guest room in a lodging house or hotel used for sleeping 
155.9   purposes shall must be provided with a smoke detector conforming 
155.10  to the requirements of Underwriters Laboratories, Inc., or 
155.11  approved by the International Conference of Building 
155.12  Officials the State Fire Code.  In dwelling units, detectors 
155.13  shall must be mounted in accordance with the rules regarding 
155.14  smoke detector location promulgated adopted under the provisions 
155.15  of subdivision 2.  When actuated, the detector shall must 
155.16  provide an alarm in the dwelling unit or guest room. 
155.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
155.18     Sec. 12.  Minnesota Statutes 2004, section 299F.391, 
155.19  subdivision 1, is amended to read: 
155.20     Subdivision 1.  [DEFINITIONS.] For purposes of this section 
155.21  the following definitions shall apply: 
155.22     (a) "Lodging house" means any building or portion thereof 
155.23  containing not more than five guest rooms which are used or 
155.24  intended to be used for sleeping purposes by guests and where 
155.25  rent is paid in money, goods, labor or otherwise "Dormitory" 
155.26  means all or a portion of a building containing one or more 
155.27  rooms for group sleeping or closely associated rooms used for 
155.28  sleeping. 
155.29     (b) "Hospital" has the meaning given it in section 144.50. 
155.30     (c) "Hotel" means any building or portion thereof 
155.31  containing six or more guest rooms intended or designed to be 
155.32  used, or which are a hotel, motel, resort, boarding house, bed 
155.33  and breakfast, furnished apartment house, or other building that 
155.34  is kept, used, rented, hired out to be occupied, or which are 
155.35  occupied for advertised, or held out to the public as a place 
155.36  where sleeping purposes by or housekeeping accommodations are 
156.1   supplied for pay to guests, and which is required to be licensed 
156.2   pursuant to chapter 157 for transient occupancy. 
156.3      (d) "Nursing home" has the meaning given it in section 
156.4   144A.01. 
156.5      (e) "School" means any public or private school or 
156.6   educational institution.  
156.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
156.8      Sec. 13.  Minnesota Statutes 2004, section 299F.46, 
156.9   subdivision 1, is amended to read: 
156.10     Subdivision 1.  [HOTEL INSPECTION OF HOTELS AND OTHER 
156.11  LODGING FACILITIES.] (a) It shall be the duty of The 
156.12  commissioner of public safety to shall inspect, or cause to 
156.13  be have inspected, at least once every three years, every hotel 
156.14  in this state; and, other lodging facility with five or more 
156.15  guest rooms, dormitories, youth or family camps, and juvenile 
156.16  group home buildings.  For that purpose, the commissioner, or 
156.17  the commissioner's deputies or designated alternates or agents, 
156.18  shall have the right to may enter or have access thereto 
156.19  lodging facility buildings at any reasonable hour; and, when, 
156.20  upon such inspection, it shall be found that the hotel so 
156.21  inspected does not conform to or is not being operated in 
156.22  accordance with the provisions of sections 157.011 and 157.15 to 
156.23  157.22, in so far as the same relate to fire prevention or fire 
156.24  protection of hotels, or the rules promulgated thereunder, or is 
156.25  being.  These buildings must be maintained or operated in such 
156.26  manner as to violate the Minnesota accordance with the State 
156.27  Fire Code promulgated pursuant to section 299F.011 or any other 
156.28  law of this state relating to fire prevention and fire 
156.29  protection of hotels, the commissioner and the deputies or 
156.30  designated alternates or agents shall report such a situation to 
156.31  the hotel inspector who shall proceed as provided for in chapter 
156.32  157. 
156.33     (b) The word words "hotel", and "dormitory," as used in 
156.34  this subdivision, has section, have the meaning meanings given 
156.35  in section 299F.391. 
156.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
157.1      Sec. 14.  Minnesota Statutes 2004, section 299F.46, 
157.2   subdivision 3, is amended to read: 
157.3      Subd. 3.  [INSPECTION FEES; HOTELS AND DORMITORIES.] (a) 
157.4   For each hotel or dormitory with 35 or more rooms and required 
157.5   to have a fire inspection according to subdivision 1, the 
157.6   commissioner of public safety may charge each hotel a triennial 
157.7   inspection fee of $435 and a per-room charge of $5 for one to 18 
157.8   units, $6 for 19 to 35 units, $7 for 36 to 100 units, $7 for 35 
157.9   to 99 units and $8 for 100 or more units, or a per bed charge of 
157.10  50 cents for beds in a group sleeping area.  The fee includes 
157.11  one follow-up inspection.  The commissioner shall charge each 
157.12  resort a triennial inspection fee of $435 and a per room charge 
157.13  of $5 for one to ten units, $6 for 11 to 25 units, and $7 for 26 
157.14  or more units.  These fees include one follow-up inspection.  
157.15  The commissioner shall charge a fee of $225 for each additional 
157.16  follow-up inspection for hotels and resorts these buildings, 
157.17  conducted in each three-year cycle that is necessary to bring 
157.18  the hotel or resort building into compliance with the State Fire 
157.19  Code. 
157.20     (b) For each hotel or dormitory with fewer than 35 rooms 
157.21  and each resort classified as class 1c property under section 
157.22  273.13 and required to have a fire inspection according to 
157.23  subdivision 1, the commissioner of public safety may charge a 
157.24  triennial inspection fee of $217.50 and a per-room charge of $3 
157.25  for a hotel or dormitory, and a per-cabin charge of $2.50, or a 
157.26  per-bed charge of 50 cents per bed in group sleeping areas.  
157.27  These fees include one follow-up inspection.  The commissioner 
157.28  shall charge a fee of $112.50 for each additional follow-up 
157.29  inspection for these buildings, conducted in each three-year 
157.30  cycle that is necessary to bring the building into compliance 
157.31  with the State Fire Code.  
157.32     (c) Nothing in this subdivision prevents the 
157.33  designated local government agent, as defined in subdivision 2, 
157.34  from continuing to charge an established inspection fee or from 
157.35  establishing a new inspection fee. 
157.36     (c) Hotels and motels with fewer than 35 rooms and resorts 
158.1   classified as 1c under section 273.13 are exempt from the fee 
158.2   requirements of this subdivision. 
158.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
158.4      Sec. 15.  Minnesota Statutes 2004, section 325F.04, is 
158.5   amended to read: 
158.6      325F.04 [FLAME RESISTANT TENTS AND SLEEPING BAGS.] 
158.7      (a) No person, firm or corporation may sell or offer for 
158.8   sale or manufacture for sale in this state any tent unless all 
158.9   fabrics or pliable materials in the tent are durably flame 
158.10  resistant.  No person, firm or corporation may sell or offer for 
158.11  sale or manufacture for sale in this state any sleeping bag 
158.12  unless it meets the standards of the commissioner of public 
158.13  safety for flame resistancy.  Tents and sleeping bags shall be 
158.14  conspicuously labeled as being durably flame resistant. 
158.15     (b) Paragraph (a) does not apply to one and two-person 
158.16  backpacking tents. 
158.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
158.18  following final enactment. 
158.19     Sec. 16.  Minnesota Statutes 2004, section 624.22, 
158.20  subdivision 1, is amended to read: 
158.21     Subdivision 1.  [GENERAL REQUIREMENTS; PERMIT; 
158.22  INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not 
158.23  prohibit the supervised display of fireworks by a statutory or 
158.24  home rule charter city, fair association, amusement park, or 
158.25  other organization, except that: 
158.26     (1) a fireworks display may be conducted only when 
158.27  supervised by an operator certified by the state fire marshal; 
158.28  and 
158.29     (2) a fireworks display must either be given by a 
158.30  municipality or fair association within its own limits, or by 
158.31  any other organization, whether public or private, only after a 
158.32  permit for the display has first been secured.  
158.33     (b) An application for a permit for an outdoor fireworks 
158.34  display must be made in writing to the municipal clerk at least 
158.35  15 days in advance of the date of the display and must list the 
158.36  name of an operator who is certified by the state fire marshal 
159.1   and will supervise the display.  The application must be 
159.2   promptly referred to the chief of the fire department, who shall 
159.3   make an investigation to determine whether the operator of the 
159.4   display is competent and is certified by the state fire marshal, 
159.5   and whether the display is of such a character and is to be so 
159.6   located, discharged, or fired that it will not be hazardous to 
159.7   property or endanger any person.  The fire chief shall report 
159.8   the results of this investigation to the clerk.  If the fire 
159.9   chief reports that the operator is certified, that in the 
159.10  chief's opinion the operator is competent, and that the 
159.11  fireworks display as planned will conform to the safety 
159.12  guidelines of the state fire marshal provided for in paragraph 
159.13  (f), the clerk shall issue a permit for the display when the 
159.14  applicant pays a permit fee.  
159.15     (c) When the supervised outdoor fireworks display for which 
159.16  a permit is sought is to be held outside the limits of an 
159.17  incorporated municipality, the application must be made to the 
159.18  county auditor, and the auditor shall perform duties imposed by 
159.19  sections 624.20 to 624.25 upon the clerk of the municipality.  
159.20  When an application is made to the auditor, the county sheriff 
159.21  shall perform the duties imposed on the fire chief of the 
159.22  municipality by sections 624.20 to 624.25.  
159.23     (d) An application for an indoor fireworks display permit 
159.24  must be made in writing to the state fire marshal by the 
159.25  operator of the facility in which the display is to occur at 
159.26  least 15 days in advance of the date of any performance, show, 
159.27  or event which will include the discharge of fireworks inside a 
159.28  building or structure.  The application must list the name of an 
159.29  operator who is certified by the state fire marshal and will 
159.30  supervise the display.  The state fire marshal shall make an 
159.31  investigation to determine whether the operator of the display 
159.32  is competent and is properly certified and whether the display 
159.33  is of such a character and is to be so located, discharged, or 
159.34  fired that it will not be hazardous to property or endanger any 
159.35  person.  If the state fire marshal determines that the operator 
159.36  is certified and competent, that the indoor fireworks display as 
160.1   planned will conform to the safety guidelines provided for in 
160.2   paragraph (f), and that adequate notice will be given to inform 
160.3   patrons of the indoor fireworks display, the state fire marshal 
160.4   shall issue a permit for the display when the applicant pays an 
160.5   indoor fireworks fee of $150 and reimburses the fire marshal for 
160.6   costs of inspection.  Receipts from the indoor fireworks fee and 
160.7   inspection reimbursements must be deposited in the general fund 
160.8   as a nondedicated receipt.  The state fire marshal may issue a 
160.9   single permit for multiple indoor fireworks displays when all of 
160.10  the displays are to take place at the same venue as part of a 
160.11  series of performances by the same performer or group of 
160.12  performers.  A copy of the application must be promptly conveyed 
160.13  to the chief of the local fire department, who shall make 
160.14  appropriate preparations to ensure public safety in the vicinity 
160.15  of the display.  The operator of a facility where an indoor 
160.16  fireworks display occurs must provide notice in a prominent 
160.17  place as approved by the state fire marshal to inform patrons 
160.18  attending a performance when indoor fireworks will be part of 
160.19  that performance.  The state fire marshal may grant a local fire 
160.20  chief the authority to issue permits for indoor fireworks 
160.21  displays.  Before issuing a permit, a local fire chief must make 
160.22  the determinations required in this paragraph.  
160.23     (e) After a permit has been granted under either paragraph 
160.24  (b) or (d), sales, possession, use and distribution of fireworks 
160.25  for a display are lawful for that purpose only.  A permit is not 
160.26  transferable.  
160.27     (f) The state fire marshal shall adopt and disseminate to 
160.28  political subdivisions rules establishing guidelines on 
160.29  fireworks display safety that are consistent with sections 
160.30  624.20 to 624.25 and the most recent editions edition of the 
160.31  Minnesota Uniform State Fire Code and the National Fire 
160.32  Protection Association Standards, to insure that fireworks 
160.33  displays are given safely.  In the guidelines, the state fire 
160.34  marshal shall allow political subdivisions to exempt the use of 
160.35  relatively safe fireworks for theatrical special effects, 
160.36  ceremonial occasions, and other limited purposes, as determined 
161.1   by the state fire marshal. 
161.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
161.3      Sec. 17.  [INSTRUCTION TO REVISOR.] 
161.4      The revisor of statutes shall change the terms "Minnesota 
161.5   Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code" 
161.6   where found in Minnesota Statutes, sections 16B.61, subdivision 
161.7   2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011, 
161.8   subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015, 
161.9   subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6; 
161.10  299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391, 
161.11  subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and 
161.12  462.3585. 
161.13     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
161.14     Sec. 18.  [REPEALER.] 
161.15     Minnesota Statutes 2004, sections 69.011, subdivision 5; 
161.16  299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12; 
161.17  299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451; 
161.18  and 299F.452, are repealed. 
161.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
161.20                             ARTICLE 10
161.21                      EMERGENCY COMMUNICATIONS
161.22     Section 1.  Minnesota Statutes 2004, section 237.70, 
161.23  subdivision 7, is amended to read: 
161.24     Subd. 7.  [APPLICATION, NOTICE, FINANCIAL ADMINISTRATION, 
161.25  COMPLAINT INVESTIGATION.] The telephone assistance plan must be 
161.26  administered jointly by the commission, the Department of 
161.27  Commerce, and the local service providers in accordance with the 
161.28  following guidelines: 
161.29     (a) The commission and the Department of Commerce shall 
161.30  develop an application form that must be completed by the 
161.31  subscriber for the purpose of certifying eligibility for 
161.32  telephone assistance plan credits to the local service 
161.33  provider.  The application must contain the applicant's Social 
161.34  Security number.  Applicants who refuse to provide a Social 
161.35  Security number will be denied telephone assistance plan 
161.36  credits.  The application form must also include a statement 
162.1   that the applicant household is currently eligible for one of 
162.2   the programs that confers eligibility for the federal Lifeline 
162.3   Program.  The application must be signed by the applicant, 
162.4   certifying, under penalty of perjury, that the information 
162.5   provided by the applicant is true. 
162.6      (b) Each local service provider shall annually mail a 
162.7   notice of the availability of the telephone assistance plan to 
162.8   each residential subscriber in a regular billing and shall mail 
162.9   the application form to customers when requested.  
162.10     The notice must state the following: 
162.11     YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 
162.12  BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE 
162.13  PROGRAMS.  FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE 
162.14  CONTACT ......... 
162.15     (c) An application may be made by the subscriber, the 
162.16  subscriber's spouse, or a person authorized by the subscriber to 
162.17  act on the subscriber's behalf.  On completing the application 
162.18  certifying that the statutory criteria for eligibility are 
162.19  satisfied, the applicant must return the application to the 
162.20  subscriber's local service provider.  On receiving a completed 
162.21  application from an applicant, the subscriber's local service 
162.22  provider shall provide telephone assistance plan credits against 
162.23  monthly charges in the earliest possible month following receipt 
162.24  of the application.  The applicant must receive telephone 
162.25  assistance plan credits until the earliest possible month 
162.26  following the service provider's receipt of information that the 
162.27  applicant is ineligible. 
162.28  If the telephone assistance plan credit is not itemized on the 
162.29  subscriber's monthly charges bill for local telephone service, 
162.30  the local service provider must notify the subscriber of the 
162.31  approval for the telephone assistance plan credit. 
162.32     (d) The commission shall serve as the coordinator of the 
162.33  telephone assistance plan and be reimbursed for its 
162.34  administrative expenses from the surcharge revenue pool.  As the 
162.35  coordinator, the commission shall: 
162.36     (1) establish a uniform statewide surcharge in accordance 
163.1   with subdivision 6; 
163.2      (2) establish a uniform statewide level of telephone 
163.3   assistance plan credit that each local service provider shall 
163.4   extend to each eligible household in its service area; 
163.5      (3) require each local service provider to account to the 
163.6   commission on a periodic basis for surcharge revenues collected 
163.7   by the provider, expenses incurred by the provider, not to 
163.8   include expenses of collecting surcharges, and credits extended 
163.9   by the provider under the telephone assistance plan; 
163.10     (4) require each local service provider to remit surcharge 
163.11  revenues to the Department of Administration Public Safety for 
163.12  deposit in the fund; and 
163.13     (5) remit to each local service provider from the surcharge 
163.14  revenue pool the amount necessary to compensate the provider for 
163.15  expenses, not including expenses of collecting the surcharges, 
163.16  and telephone assistance plan credits.  When it appears that the 
163.17  revenue generated by the maximum surcharge permitted under 
163.18  subdivision 6 will be inadequate to fund any particular 
163.19  established level of telephone assistance plan credits, the 
163.20  commission shall reduce the credits to a level that can be 
163.21  adequately funded by the maximum surcharge.  Similarly, the 
163.22  commission may increase the level of the telephone assistance 
163.23  plan credit that is available or reduce the surcharge to a level 
163.24  and for a period of time that will prevent an unreasonable 
163.25  overcollection of surcharge revenues. 
163.26     (e) Each local service provider shall maintain adequate 
163.27  records of surcharge revenues, expenses, and credits related to 
163.28  the telephone assistance plan and shall, as part of its annual 
163.29  report or separately, provide the commission and the Department 
163.30  of Commerce with a financial report of its experience under the 
163.31  telephone assistance plan for the previous year.  That report 
163.32  must also be adequate to satisfy the reporting requirements of 
163.33  the federal matching plan. 
163.34     (f) The Department of Commerce shall investigate complaints 
163.35  against local service providers with regard to the telephone 
163.36  assistance plan and shall report the results of its 
164.1   investigation to the commission. 
164.2      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
164.3   following final enactment. 
164.4      Sec. 2.  Minnesota Statutes 2004, section 403.02, 
164.5   subdivision 7, is amended to read: 
164.6      Subd. 7.  [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic 
164.7   location identification" means the process of electronically 
164.8   identifying and displaying on a special viewing screen the name 
164.9   of the subscriber and the location, where available, of the 
164.10  calling telephone number to a person answering a 911 emergency 
164.11  call. 
164.12     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
164.13  following final enactment. 
164.14     Sec. 3.  Minnesota Statutes 2004, section 403.02, 
164.15  subdivision 13, is amended to read: 
164.16     Subd. 13.  [ENHANCED 911 SERVICE.] "Enhanced 911 service" 
164.17  means the use of selective routing, automatic location 
164.18  identification, or local location identification as part of 
164.19  local 911 service provided by an enhanced 911 system consisting 
164.20  of a common 911 network and database and customer data and 
164.21  network components connecting to the common 911 network and 
164.22  database. 
164.23     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
164.24  following final enactment. 
164.25     Sec. 4.  Minnesota Statutes 2004, section 403.02, 
164.26  subdivision 17, is amended to read: 
164.27     Subd. 17.  [911 SERVICE.] "911 service" means a 
164.28  telecommunications service that automatically connects a person 
164.29  dialing the digits 911 to an established public safety answering 
164.30  point.  911 service includes: 
164.31     (1) equipment for connecting and outswitching 911 calls 
164.32  within a telephone central office, trunking facilities from the 
164.33  central office to a public safety answering point customer data 
164.34  and network components connecting to the common 911 network and 
164.35  database; 
164.36     (2) common 911 network and database equipment, as 
165.1   appropriate, for automatically selectively routing 911 calls in 
165.2   situations where one telephone central office serves more than 
165.3   one to the public safety answering point serving the caller's 
165.4   jurisdiction; and 
165.5      (3) provision of automatic location identification if the 
165.6   public safety answering point has the capability of providing 
165.7   that service.  
165.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
165.9   following final enactment. 
165.10     Sec. 5.  Minnesota Statutes 2004, section 403.02, is 
165.11  amended by adding a subdivision to read: 
165.12     Subd. 17a.  [911 EMERGENCY TELECOMMUNICATIONS SERVICE 
165.13  PROVIDER.] "911 emergency telecommunications service provider" 
165.14  means a telecommunications service provider or other entity, 
165.15  determined by the commissioner to be capable of providing 
165.16  effective and efficient components of the 911 system, that 
165.17  provides all or portions of the network and database for 
165.18  automatically selectively routing 911 calls to the public safety 
165.19  answering point serving the caller's jurisdiction. 
165.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
165.21  following final enactment. 
165.22     Sec. 6.  Minnesota Statutes 2004, section 403.025, 
165.23  subdivision 3, is amended to read: 
165.24     Subd. 3.  [WIRE-LINE CONNECTED TELECOMMUNICATIONS SERVICE 
165.25  PROVIDER REQUIREMENTS.] Every owner and operator of a 
165.26  wire-line or wireless circuit switched or packet-based 
165.27  telecommunications system connected to the public switched 
165.28  telephone network shall design and maintain the system to dial 
165.29  the 911 number without charge to the caller. 
165.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
165.31  following final enactment. 
165.32     Sec. 7.  Minnesota Statutes 2004, section 403.025, 
165.33  subdivision 7, is amended to read: 
165.34     Subd. 7.  [CONTRACTUAL REQUIREMENTS.] (a) The state, 
165.35  together with the county or other governmental agencies 
165.36  operating public safety answering points, shall contract with 
166.1   the appropriate wire-line telecommunications service 
166.2   providers or other entities determined by the commissioner to be 
166.3   capable of providing effective and efficient components of the 
166.4   911 system for the operation, maintenance, enhancement, and 
166.5   expansion of the 911 system. 
166.6      (b) The state shall contract with the appropriate wireless 
166.7   telecommunications service providers for maintaining, enhancing, 
166.8   and expanding the 911 system. 
166.9      (c) The contract language or subsequent amendments to the 
166.10  contract must include a description of the services to be 
166.11  furnished by wireless and wire-line telecommunications service 
166.12  providers to the county or other governmental agencies operating 
166.13  public safety answering points, as well as compensation based on 
166.14  the effective tariff or price list approved by the Public 
166.15  Utilities Commission.  The contract language or subsequent 
166.16  amendments must include the terms of compensation based on the 
166.17  effective tariff or price list filed with the Public Utilities 
166.18  Commission or the prices agreed to by the parties. 
166.19     (d) The contract language or subsequent amendments to 
166.20  contracts between the parties must contain a provision for 
166.21  resolving disputes. 
166.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
166.23  following final enactment. 
166.24     Sec. 8.  Minnesota Statutes 2004, section 403.05, 
166.25  subdivision 1, is amended to read: 
166.26     Subdivision 1.  [OPERATE AND MAINTAIN.] Each county or any 
166.27  other governmental agency shall operate and maintain its 911 
166.28  system to meet the requirements of governmental agencies whose 
166.29  services are available through the 911 system and to permit 
166.30  future expansion or enhancement of the system.  Each county or 
166.31  any other governmental agency shall ensure that has jurisdiction 
166.32  over a wire-line 911 emergency call also has primary 
166.33  jurisdiction over a 911 emergency call made with a wireless 
166.34  access device is automatically connected to and answered by the 
166.35  appropriate public safety answering point. 
166.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
167.1   following final enactment. 
167.2      Sec. 9.  Minnesota Statutes 2004, section 403.05, 
167.3   subdivision 3, is amended to read: 
167.4      Subd. 3.  [AGREEMENTS FOR SERVICE.] Each county and any 
167.5   other governmental agency shall contract with the state and 
167.6   wire-line telecommunications service providers or other entities 
167.7   determined by the commissioner to be capable of providing 
167.8   effective and efficient components of the 911 system for the 
167.9   recurring and nonrecurring costs associated with operating and 
167.10  maintaining 911 emergency communications systems. 
167.11     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
167.12  following final enactment. 
167.13     Sec. 10.  Minnesota Statutes 2004, section 403.07, 
167.14  subdivision 3, is amended to read: 
167.15     Subd. 3.  [DATABASE.] In 911 systems that have been 
167.16  approved by the commissioner for a local location identification 
167.17  database, each wire-line telecommunications service provider 
167.18  shall provide current customer names, service addresses, and 
167.19  telephone numbers to each public safety answering point within 
167.20  the 911 system and shall update the information according to a 
167.21  schedule prescribed by the county 911 plan.  Information 
167.22  provided under this subdivision must be provided in accordance 
167.23  with the transactional record disclosure requirements of the 
167.24  federal Electronic Communications Privacy Act of 1986 1932, 
167.25  United States Code, title 18 47, section 2703 222, 
167.26  subsection (c), paragraph (1), subparagraph (B)(iv) (g).  
167.27     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
167.28  following final enactment. 
167.29     Sec. 11.  Minnesota Statutes 2004, section 403.08, 
167.30  subdivision 10, is amended to read: 
167.31     Subd. 10.  [PLAN INTEGRATION.] Counties shall incorporate 
167.32  the statewide design when modifying county 911 plans to provide 
167.33  for integrating wireless 911 service into existing county 911 
167.34  systems.  The commissioner shall contract with the involved 
167.35  wireless service providers and 911 emergency telecommunications 
167.36  service providers to integrate cellular and other wireless 
168.1   services into existing 911 systems where feasible. 
168.2      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
168.3   following final enactment. 
168.4      Sec. 12.  Minnesota Statutes 2004, section 403.11, 
168.5   subdivision 1, is amended to read: 
168.6      Subdivision 1.  [EMERGENCY TELECOMMUNICATIONS SERVICE FEE; 
168.7   ACCOUNT.] (a) Each customer of a wireless or wire-line switched 
168.8   or packet-based telecommunications service provider connected to 
168.9   the public switched telephone network that furnishes service 
168.10  capable of originating a 911 emergency telephone call is 
168.11  assessed a fee based upon the number of wired or wireless 
168.12  telephone lines, or their equivalent, to cover the costs of 
168.13  ongoing maintenance and related improvements for trunking and 
168.14  central office switching equipment for 911 emergency 
168.15  telecommunications service, plus administrative and staffing 
168.16  costs of the commissioner related to managing the 911 emergency 
168.17  telecommunications service program.  Recurring charges by a 
168.18  wire-line telecommunications service provider for updating the 
168.19  information required by section 403.07, subdivision 3, must be 
168.20  paid by the commissioner if the wire-line telecommunications 
168.21  service provider is included in an approved 911 plan and the 
168.22  charges are made pursuant to tariff, price list, or contract.  
168.23  The fee assessed under this section must also be used for the 
168.24  purpose of offsetting the costs, including administrative and 
168.25  staffing costs, incurred by the State Patrol Division of the 
168.26  Department of Public Safety in handling 911 emergency calls made 
168.27  from wireless phones.  
168.28     (b) Money remaining in the 911 emergency telecommunications 
168.29  service account after all other obligations are paid must not 
168.30  cancel and is carried forward to subsequent years and may be 
168.31  appropriated from time to time to the commissioner to provide 
168.32  financial assistance to counties for the improvement of local 
168.33  emergency telecommunications services.  The improvements may 
168.34  include providing access to 911 service for telecommunications 
168.35  service subscribers currently without access and upgrading 
168.36  existing 911 service to include automatic number identification, 
169.1   local location identification, automatic location 
169.2   identification, and other improvements specified in revised 
169.3   county 911 plans approved by the commissioner. 
169.4      (c) Until June 30, 2006, the fee may not be less than eight 
169.5   cents nor more than 40 65 cents a month for each customer access 
169.6   line or other basic access service, including trunk equivalents 
169.7   as designated by the Public Utilities Commission for access 
169.8   charge purposes and including wireless telecommunications 
169.9   services.  Effective July 1, 2006, the fee may not be less than 
169.10  eight cents nor more than 50 cents a month for each customer 
169.11  access line or other basic access service, including trunk 
169.12  equivalents as designated by the commission for access charge 
169.13  purposes and including wireless telecommunications services.  
169.14  With the approval of the commissioner of finance, the 
169.15  commissioner of public safety shall establish the amount of the 
169.16  fee within the limits specified and inform the companies and 
169.17  carriers of the amount to be collected submitted.  When the 
169.18  revenue bonds authorized under section 403.27, subdivision 1, 
169.19  have been fully paid or defeased, the commissioner shall reduce 
169.20  the fee to reflect that debt service on the bonds is no longer 
169.21  needed.  The commissioner shall provide companies and carriers a 
169.22  minimum of 45 days' notice of each fee change.  The fee must be 
169.23  the same for all customers.  
169.24     (d) The fee must be collected submitted by each wireless or 
169.25  wire-line telecommunications service provider subject to the 
169.26  fee.  Fees are payable to and must be submitted to the 
169.27  commissioner monthly before the 25th of each month following the 
169.28  month of collection counted, except that fees may be submitted 
169.29  quarterly if less than $250 a month is due, or annually if less 
169.30  than $25 a month is due.  Receipts must be deposited in the 
169.31  state treasury and credited to a 911 emergency 
169.32  telecommunications service account in the special revenue fund.  
169.33  The money in the account may only be used for 911 
169.34  telecommunications services. 
169.35     (e) This subdivision does not apply to customers of 
169.36  interexchange carriers. 
170.1      (f) The installation and recurring charges for integrating 
170.2   wireless 911 calls into enhanced 911 systems must be paid by the 
170.3   commissioner if the 911 service provider is included in the 
170.4   statewide design plan and the charges are made pursuant to 
170.5   tariff, price list, or contract. 
170.6      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
170.7      Sec. 13.  Minnesota Statutes 2004, section 403.11, 
170.8   subdivision 3, is amended to read: 
170.9      Subd. 3.  [METHOD OF PAYMENT.] (a) Any wireless or 
170.10  wire-line telecommunications service provider incurring 
170.11  reimbursable costs under subdivision 1 shall submit an invoice 
170.12  itemizing rate elements by county or service area to the 
170.13  commissioner for 911 services furnished under tariff, price 
170.14  list, or contract.  Any wireless or wire-line telecommunications 
170.15  service provider is eligible to receive payment for 911 services 
170.16  rendered according to the terms and conditions specified in the 
170.17  contract.  Competitive local exchange carriers holding 
170.18  certificates of authority from the Public Utilities Commission 
170.19  are eligible to receive payment for recurring 911 services 
170.20  provided after July 1, 2001.  The commissioner shall pay the 
170.21  invoice within 30 days following receipt of the invoice unless 
170.22  the commissioner notifies the service provider that the 
170.23  commissioner disputes the invoice.  
170.24     (b) The commissioner shall estimate the amount required to 
170.25  reimburse 911 emergency telecommunications service providers and 
170.26  wireless and wire-line telecommunications service providers for 
170.27  the state's obligations under subdivision 1 and the governor 
170.28  shall include the estimated amount in the biennial budget 
170.29  request.  
170.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
170.31     Sec. 14.  Minnesota Statutes 2004, section 403.11, 
170.32  subdivision 3a, is amended to read: 
170.33     Subd. 3a.  [TIMELY CERTIFICATION.] A certification must be 
170.34  submitted to the commissioner no later than two years one year 
170.35  after commencing a new or additional eligible 911 service.  Any 
170.36  wireless or wire-line telecommunications service provider 
171.1   incurring reimbursable costs under this section at any time 
171.2   before January 1, 2003, may certify those costs for payment to 
171.3   the commissioner according to this section for a period of 90 
171.4   days after January 1, 2003.  During this period, the 
171.5   commissioner shall reimburse any wireless or wire-line 
171.6   telecommunications service provider for approved, certified 
171.7   costs without regard to any contrary provision of this 
171.8   subdivision.  
171.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
171.10  following final enactment and applies to contracts entered into 
171.11  on or after that date. 
171.12     Sec. 15.  Minnesota Statutes 2004, section 403.113, 
171.13  subdivision 1, is amended to read: 
171.14     Subdivision 1.  [FEE.] (a) Each customer receiving service 
171.15  from a wireless or wire-line switched or packet-based 
171.16  telecommunications service provider connected to the public 
171.17  telephone network that furnishes service capable of originating 
171.18  a 911 emergency telephone call is assessed a fee to fund 
171.19  implementation, operation, maintenance, enhancement, and 
171.20  expansion of enhanced 911 service, including acquisition of 
171.21  necessary equipment and the costs of the commissioner 
171.22  to administer the program.  The actual fee assessed under 
171.23  section 403.11 and the enhanced 911 service fee must 
171.24  be collected submitted as one amount and may not exceed the 
171.25  amount specified in section 403.11, subdivision 1, paragraph (c).
171.26     (b) The enhanced 911 service fee must be collected and 
171.27  deposited in the same manner as the fee in section 403.11 and 
171.28  used solely for the purposes of paragraph (a) and subdivision 3. 
171.29     (c) The commissioner, in consultation with counties and 911 
171.30  system users, shall determine the amount of the enhanced 911 
171.31  service fee.  The fee must include at least ten cents per month 
171.32  to be distributed under subdivision 2.  The commissioner shall 
171.33  inform wireless and wire-line telecommunications service 
171.34  providers that provide service capable of originating a 911 
171.35  emergency telephone call of the total amount of the 911 service 
171.36  fees in the same manner as provided in section 403.11. 
172.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
172.2      Sec. 16.  Minnesota Statutes 2004, section 403.27, is 
172.3   amended by adding a subdivision to read: 
172.4      Subd. 1a.  [AUTHORIZATION; THIRD PHASE.] The commissioner 
172.5   of finance, if requested by a vote of at least two-thirds of all 
172.6   of the members of the Statewide Radio Board, may authorize the 
172.7   issuance of revenue bonds or other debt instrument for any of 
172.8   the following purposes to: 
172.9      (1) provide funds for the elements of the third phase of 
172.10  the statewide public safety radio communication system that the 
172.11  board determines are of regional or statewide benefit and 
172.12  support mutual aid and emergency medical services communication 
172.13  including, but not limited to, costs of master controllers of 
172.14  the backbone; 
172.15     (2) provide funds for the third phase of the public safety 
172.16  radio communication system; and 
172.17     (3) refund bonds issued under this section. 
172.18     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
172.19     Sec. 17.  Minnesota Statutes 2004, section 403.27, 
172.20  subdivision 3, is amended to read: 
172.21     Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
172.22  bonds issued pursuant to subdivision 1, exclusive of any 
172.23  original issue discount, shall not exceed the amount of 
172.24  $10,000,000 plus the amount the council determines necessary to 
172.25  pay the costs of issuance, fund reserves, debt service, and pay 
172.26  for any bond insurance or other credit enhancement. 
172.27     (b) In addition to the amount authorized under paragraph 
172.28  (a), the council may issue bonds under subdivision 1 in a 
172.29  principal amount of $3,306,300, plus the amount the council 
172.30  determines necessary to pay the cost of issuance, fund reserves, 
172.31  debt service, and any bond insurance or other credit 
172.32  enhancement.  The proceeds of bonds issued under this paragraph 
172.33  may not be used to finance portable or subscriber radio sets. 
172.34     (c) In addition to the amount authorized under paragraphs 
172.35  (a) and (b), the council may issue bonds under subdivision 1 in 
172.36  a principal amount of $18,000,000, plus the amount the council 
173.1   determines necessary to pay the costs of issuance, fund 
173.2   reserves, debt service, and any bond insurance or other credit 
173.3   enhancement.  The proceeds of bonds issued under this paragraph 
173.4   must be used to pay up to 50 percent of the cost to a local 
173.5   government unit of building a subsystem and may not be used to 
173.6   finance portable or subscriber radio sets.  The bond proceeds 
173.7   may be used to make improvements to an existing 800 MHz radio 
173.8   system that will interoperate with the regionwide public safety 
173.9   radio communication system, provided that the improvements 
173.10  conform to the board's plan and technical standards.  The 
173.11  council must time the sale and issuance of the bonds so that the 
173.12  debt service on the bonds can be covered by the additional 
173.13  revenue that will become available in the fiscal year ending 
173.14  June 30, 2005, generated under section 403.11 and appropriated 
173.15  under section 403.30.  
173.16     (d) In addition to the amount authorized under paragraphs 
173.17  (a) to (c), The council commissioner of finance may issue bonds 
173.18  or other debt instrument under subdivision 1 1a in a principal 
173.19  amount of up to $27,000,000 $45,000,000, plus the amount the 
173.20  council commissioner of finance determines necessary to pay the 
173.21  costs of issuance, fund reserves, debt service, and any bond 
173.22  insurance or other credit enhancement.  The proceeds of bonds 
173.23  issued under this paragraph are appropriated to the commissioner 
173.24  of public safety for phase three of the public safety radio 
173.25  communication system.  In anticipation of the receipt by the 
173.26  commissioner of public safety of the bond proceeds, the 
173.27  Metropolitan Radio Board may advance money from its operating 
173.28  appropriation to the commissioner of public safety to pay for 
173.29  design and preliminary engineering for phase three.  The 
173.30  commissioner of public safety must return these amounts to the 
173.31  Metropolitan Radio Board when the bond proceeds are received. 
173.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
173.33     Sec. 18.  Minnesota Statutes 2004, section 403.27, 
173.34  subdivision 4, is amended to read: 
173.35     Subd. 4.  [SECURITY.] The bonds issued under subdivision 1 
173.36  may be secured by a bond resolution or a trust indenture entered 
174.1   into by the council with a corporate trustee within or outside 
174.2   the state which shall define the fee pledged for the payment and 
174.3   security of the bonds and for payment of all necessary and 
174.4   reasonable debt service expenses until all the bonds referred to 
174.5   in subdivision 1 are fully paid or discharged in accordance with 
174.6   law.  The pledge shall be a valid charge on the emergency 
174.7   telephone service fee provided in chapter 403.  No mortgage of 
174.8   or security interest in any tangible real or personal property 
174.9   shall be granted to the bondholders or the trustee, but they 
174.10  shall have a valid security interest in the revenues and bond 
174.11  proceeds received by the council and pledged to the payment of 
174.12  the bonds as against the claims of all persons in tort, 
174.13  contract, or otherwise, irrespective of whether the parties have 
174.14  notice and without possession or filing as provided in the 
174.15  Uniform Commercial Code, or any other law, subject however to 
174.16  the rights of the holders of any general obligation bonds issued 
174.17  under section 403.32.  In the bond resolution or trust 
174.18  indenture, the council may make covenants as it determines to be 
174.19  reasonable for the protection of the bondholders. 
174.20     Neither the council, nor any council member, officer, 
174.21  employee, or agent of the council, nor any person executing the 
174.22  bonds shall be liable personally on the bonds by reason of their 
174.23  issuance.  The bonds are not payable from, and are not a charge 
174.24  upon, any funds other than the revenues and bond proceeds 
174.25  pledged to their payment.  The council is not subject to any 
174.26  liability on the bonds and has no power to obligate itself to 
174.27  pay or to pay the bonds from funds other than the revenues and 
174.28  bond proceeds pledged.  No holder of bonds has the right to 
174.29  compel any exercise of the taxing power of the council, except 
174.30  any deficiency tax levy the council covenants to certify under 
174.31  section 403.31, or any other public body, to the payment of 
174.32  principal of or interest on the bonds.  No holder of bonds has 
174.33  the right to enforce payment of principal or interest against 
174.34  any property of the council or other public body other than that 
174.35  expressly pledged for the payment of the bonds. 
174.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
175.1      Sec. 19.  Minnesota Statutes 2004, section 403.27, is 
175.2   amended by adding a subdivision to read: 
175.3      Subd. 5.  [SECURITY.] The bonds or other debt instrument 
175.4   issued under subdivision 1a may be secured by a bond resolution 
175.5   or a trust indenture entered into by the commissioner of finance 
175.6   with a corporate trustee within or outside the state which shall 
175.7   define the fee pledged for the payment and security of the bonds 
175.8   or other debt instrument and for payment of all necessary and 
175.9   reasonable debt service expenses until all the bonds or other 
175.10  debt instruments referred to in subdivision 1a are fully paid or 
175.11  discharged in accordance with law.  The pledge shall be a valid 
175.12  charge on the emergency telephone service fee provided in this 
175.13  chapter.  The bonds or other debt instrument shall have a valid 
175.14  security interest in the revenues and proceeds received by the 
175.15  commissioner of finance and pledged to the payment of the bonds 
175.16  or other debt instrument as against the claims of all persons in 
175.17  tort, contract, or otherwise, irrespective of whether the 
175.18  parties have notice and without possession or filing as provided 
175.19  in the Uniform Commercial Code, or any other law.  In the bond 
175.20  resolution or trust indenture, the commissioner of finance may 
175.21  make covenants as may be reasonable for the protection of the 
175.22  bondholders or other creditor. 
175.23     The bonds or other debt instrument are not payable from, 
175.24  and are not a charge upon, any funds other than the revenues and 
175.25  bond or other debt instrument proceeds pledged to their 
175.26  payment.  The state of Minnesota is not subject to any liability 
175.27  on the bonds and the commissioner of finance has no power to 
175.28  obligate the state of Minnesota to pay or to pay the bonds or 
175.29  other debt instruments from funds other than the revenues and 
175.30  debt instrument proceeds pledged.  No holder of bonds has the 
175.31  right to compel any exercise of the taxing power of the state of 
175.32  Minnesota, except any deficiency tax levy the commissioner is 
175.33  authorized to certify under section 403.31, or any other public 
175.34  body, to the payment of principal of or interest on the bonds or 
175.35  other debt instrument.  No holder of bonds has the right to 
175.36  enforce payment of principal or interest against any property of 
176.1   the state of Minnesota or other public body other than that 
176.2   expressly pledged for the payment of the bonds or other debt 
176.3   instrument. 
176.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
176.5      Sec. 20.  Minnesota Statutes 2004, section 403.30, 
176.6   subdivision 1, is amended to read: 
176.7      Subdivision 1.  [STANDING APPROPRIATION; COSTS COVERED.] 
176.8   For each fiscal year beginning with the fiscal year commencing 
176.9   July 1, 1997, the amount necessary to pay the following costs is 
176.10  appropriated to the commissioner of public safety from the 911 
176.11  emergency telecommunications service account established under 
176.12  section 403.11: 
176.13     (1) debt service costs and reserves for bonds issued 
176.14  pursuant to section 403.27, subdivision 1; and 
176.15     (2) repayment of the right-of-way acquisition loans; 
176.16     (3) costs of design, construction, maintenance of, and 
176.17  improvements to those elements of the first, second, and third 
176.18  phases that support mutual aid communications and emergency 
176.19  medical services; 
176.20     (4) recurring charges for leased sites and equipment for 
176.21  those elements of the first, second, and third phases that 
176.22  support mutual aid and emergency medical communication services; 
176.23  or 
176.24     (5) aid to local units of government for sites and 
176.25  equipment in support of mutual aid and emergency medical 
176.26  communications services cost authorized under subdivision 1a. 
176.27     This appropriation shall be used to pay annual debt service 
176.28  costs and reserves for bonds issued pursuant to section 403.27, 
176.29  subdivision 1, prior to use of fee money to pay other costs 
176.30  eligible under this subdivision.  In no event shall the 
176.31  appropriation for each fiscal year exceed an amount equal to 
176.32  four cents a month for each customer access line or other basic 
176.33  access service, including trunk equivalents as designated by the 
176.34  Public Utilities Commission for access charge purposes and 
176.35  including cellular and other nonwire access services, in the 
176.36  fiscal year.  Beginning July 1, 2004, this amount will increase 
177.1   to 13 cents a month.  
177.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
177.3      Sec. 21.  Minnesota Statutes 2004, section 403.30, is 
177.4   amended by adding a subdivision to read: 
177.5      Subd. 1a.  [STANDING APPROPRIATION; COSTS COVERED.] (a) For 
177.6   each fiscal year beginning with the fiscal year commencing July 
177.7   1, 2005, the amount necessary to pay the following costs is 
177.8   appropriated to the commissioner of public safety from the 911 
177.9   emergency telecommunications service account established under 
177.10  section 403.11: 
177.11     (1) debt service costs and reserves for bonds or other debt 
177.12  instrument issued pursuant to section 403.27, subdivision 1a; 
177.13     (2) repayment of the right-of-way acquisition loans; 
177.14     (3) costs of design, construction, maintenance of, and 
177.15  improvements to those elements of the system backbone that 
177.16  support mutual aid communications and emergency medical 
177.17  services; and 
177.18     (4) recurring charges for leased sites and equipment for 
177.19  those elements of the system backbone that support mutual aid 
177.20  and emergency medical communication services. 
177.21     (b) The appropriation in paragraph (a) shall be used to pay 
177.22  annual debt service costs and reserves for bonds issued pursuant 
177.23  to section 403.27, subdivision 1a, prior to use of fee money to 
177.24  pay other costs eligible under this subdivision.  In no event 
177.25  shall the appropriation for each fiscal year exceed an amount 
177.26  equal to nine cents a month for each customer access line or 
177.27  other basic access service, including trunk equivalents as 
177.28  designated by the Public Utilities Commission for access charge 
177.29  purposes and cellular and other nonwire access services in the 
177.30  fiscal year, plus any excess amounts made available to the 
177.31  commissioner under subdivision 1, clause (2). 
177.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
177.33     Sec. 22.  Minnesota Statutes 2004, section 403.30, 
177.34  subdivision 3, is amended to read: 
177.35     Subd. 3.  [MONTHLY APPROPRIATION TRANSFERS.] Each month, 
177.36  before the 25th day of the month, The commissioner shall 
178.1   transmit to the Metropolitan Council 1/12 of its total from the 
178.2   approved appropriation for the regionwide public safety 
178.3   communication system of funds provided for in section 403.30, 
178.4   subdivision 1, the amount necessary to meet debt service costs 
178.5   and reserves for bonds issued by the Metropolitan Council 
178.6   pursuant to section 403.27, subdivision 1. 
178.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
178.8      Sec. 23.  Minnesota Statutes 2004, section 403.30, is 
178.9   amended by adding a subdivision to read: 
178.10     Subd. 3a.  [APPROPRIATION TRANSFERS.] The commissioner 
178.11  shall transmit to the commissioner of finance from the approved 
178.12  appropriation of funds provided for in section 403.30, 
178.13  subdivision 1a, the amount necessary to meet debt service costs 
178.14  and reserves for bonds or other debt instrument issued by the 
178.15  commissioner of finance pursuant to section 403.27, subdivision 
178.16  1a. 
178.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
178.18     Sec. 24.  Laws 2004, chapter 201, section 22, is amended to 
178.19  read: 
178.20     Sec. 22.  [TRANSFER OF RESPONSIBILITIES.] 
178.21     On July 1, 2006 2005, the responsibilities of the 
178.22  Metropolitan Radio Board under Minnesota Statutes, sections 
178.23  403.21 to 403.34, that have not been assumed by the Metropolitan 
178.24  Radio Board as a regional radio board established under 
178.25  Minnesota Statutes, section 403.39, are transferred to the 
178.26  Statewide Radio Board under Minnesota Statutes, section 15.039.  
178.27  Contracts and obligations transferred to the Statewide Radio 
178.28  Board under this provision may be assigned to the commissioner 
178.29  of public safety or the commissioner of transportation to be 
178.30  administered consistent with Minnesota Statutes, section 403.36, 
178.31  and the statewide, shared public safety radio and communication 
178.32  plan provided for therein. 
178.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
178.34     Sec. 25.  [REPEALER.] 
178.35     Minnesota Statutes 2004, sections 403.025, subdivision 4; 
178.36  and 403.30, subdivision 2, are repealed. 
179.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
179.2                              ARTICLE 11
179.3                        LAW ENFORCEMENT POLICY
179.4      Section 1.  Minnesota Statutes 2004, section 299A.38, 
179.5   subdivision 2, is amended to read: 
179.6      Subd. 2.  [STATE AND LOCAL REIMBURSEMENT.] Peace officers 
179.7   and heads of local law enforcement agencies who buy vests for 
179.8   the use of peace officer employees may apply to the commissioner 
179.9   for reimbursement of funds spent to buy vests.  On approving an 
179.10  application for reimbursement, the commissioner shall pay the 
179.11  applicant an amount equal to the lesser of one-half of the 
179.12  vest's purchase price or $300 $600, as adjusted according to 
179.13  subdivision 2a.  The political subdivision that employs the 
179.14  peace officer shall pay at least the lesser of one-half of the 
179.15  vest's purchase price or $300 $600, as adjusted according to 
179.16  subdivision 2a.  The political subdivision may not deduct or pay 
179.17  its share of the vest's cost from any clothing, maintenance, or 
179.18  similar allowance otherwise provided to the peace officer by the 
179.19  law enforcement agency. 
179.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
179.21  following final enactment. 
179.22     Sec. 2.  Minnesota Statutes 2004, section 299A.38, 
179.23  subdivision 2a, is amended to read: 
179.24     Subd. 2a.  [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 
179.25  1, 1997 2006, the commissioner of public safety shall adjust 
179.26  the $300 $600 reimbursement amounts specified in subdivision 2, 
179.27  and in each subsequent year, on October 1, the commissioner 
179.28  shall adjust the reimbursement amount applicable immediately 
179.29  preceding that October 1 date.  The adjusted rate must reflect 
179.30  the annual percentage change in the Consumer Price Index for all 
179.31  urban consumers, published by the federal Bureau of Labor 
179.32  Statistics, occurring in the one-year period ending on the 
179.33  preceding June 1. 
179.34     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
179.35  following final enactment. 
179.36     Sec. 3.  Minnesota Statutes 2004, section 299A.38, 
180.1   subdivision 3, is amended to read: 
180.2      Subd. 3.  [ELIGIBILITY REQUIREMENTS.] (a) Only vests that 
180.3   either meet or exceed the requirements of standard 0101.03 of 
180.4   the National Institute of Justice or that meet or exceed the 
180.5   requirements of that standard, except wet armor conditioning, 
180.6   are eligible for reimbursement. 
180.7      (b) Eligibility for reimbursement is limited to vests 
180.8   bought after December 31, 1986, by or for peace officers (1) who 
180.9   did not own a vest meeting the requirements of paragraph (a) 
180.10  before the purchase, or (2) who owned a vest that was at least 
180.11  six five years old. 
180.12     (c) The requirement set forth in paragraph (b), clauses (1) 
180.13  and (2), shall not apply to any peace officer who purchases a 
180.14  vest constructed from a zylon-based material, provided that the 
180.15  peace officer provides proof of purchase or possession of the 
180.16  vest prior to July 1, 2005. 
180.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
180.18  following final enactment. 
180.19     Sec. 4.  [299A.641] [GANG AND DRUG OVERSIGHT COUNCIL.] 
180.20     Subdivision 1.  [OVERSIGHT COUNCIL ESTABLISHED.] The Gang 
180.21  and Drug Oversight Council is established to provide guidance 
180.22  related to the investigation and prosecution of gang and drug 
180.23  crime. 
180.24     Subd. 2.  [MEMBERSHIP.] The oversight council shall consist 
180.25  of the following individuals or their designees: 
180.26     (1) the director of the office of special investigations, 
180.27  as the representative of the commissioner of corrections; 
180.28     (2) the superintendent of the Bureau of Criminal 
180.29  Apprehension as the representative of the commissioner of public 
180.30  safety; 
180.31     (3) the attorney general; 
180.32     (4) eight chiefs of police, selected by the Minnesota 
180.33  Chiefs of Police Association, two of which must be selected from 
180.34  cities with populations greater than 200,000; 
180.35     (5) eight sheriffs, selected by the Minnesota Sheriffs 
180.36  Association to represent each district, two of which must be 
181.1   selected from counties with populations greater than 500,000; 
181.2      (6) the United States attorney for the district of 
181.3   Minnesota; 
181.4      (7) two county attorneys, selected by the Minnesota County 
181.5   Attorneys Association; 
181.6      (8) a command-level representative of a gang strike force; 
181.7      (9) a representative from a drug task force, selected by 
181.8   the Minnesota State Association of Narcotics Investigators; 
181.9      (10) a representative from the United States Drug 
181.10  Enforcement Administration; 
181.11     (11) a representative from the United States Bureau of 
181.12  Alcohol, Tobacco, and Firearms; 
181.13     (12) a representative from the Federal Bureau of 
181.14  Investigation; 
181.15     (13) a tribal peace officer, selected by the Minnesota 
181.16  Tribal Law Enforcement Association; and 
181.17     (14) two additional members who may be selected by the 
181.18  oversight council. 
181.19  The oversight council may adopt procedures to govern its conduct 
181.20  as necessary and may select a chair from among its members. 
181.21     Subd. 3.  [OVERSIGHT COUNCIL'S DUTIES.] The oversight 
181.22  council shall develop an overall strategy to ameliorate the harm 
181.23  caused to the public by gang and drug crime within the state of 
181.24  Minnesota.  This strategy may include the development of 
181.25  protocols and procedures to investigate gang and drug crime and 
181.26  a structure for best addressing these issues in a 
181.27  multijurisdictional manner.  Additionally, the oversight council 
181.28  shall: 
181.29     (1) identify and recommend a candidate or candidates for 
181.30  statewide coordinator to the commissioner of public safety; 
181.31     (2) establish multijurisdictional task forces and strike 
181.32  forces to combat gang and drug crime, to include a metro gang 
181.33  strike force; 
181.34     (3) assist the Department of Public Safety in developing an 
181.35  objective grant review application process that is free from 
181.36  conflicts of interest; 
182.1      (4) make funding recommendations to the commissioner of 
182.2   public safety on grants to support efforts to combat gang and 
182.3   drug crime; 
182.4      (5) assist in developing a process to collect and share 
182.5   information to improve the investigation and prosecution of drug 
182.6   offenses; 
182.7      (6) develop and approve an operational budget for the 
182.8   office of the statewide coordinator and the oversight council; 
182.9   and 
182.10     (7) adopt criteria and identifying characteristics for use 
182.11  in determining whether individuals are or may be members of 
182.12  gangs involved in criminal activity. 
182.13     Subd. 4.  [STATEWIDE COORDINATOR.] The current gang strike 
182.14  force commander shall serve as a transition coordinator until 
182.15  July 1, 2006, at which time the commissioner of public safety 
182.16  shall appoint a statewide coordinator as recommended by the 
182.17  oversight council.  The coordinator serving in the unclassified 
182.18  service shall: 
182.19     (1) coordinate and monitor all multijurisdictional gang and 
182.20  drug enforcement activities; 
182.21     (2) facilitate local efforts and ensure statewide 
182.22  coordination with efforts to combat gang and drug crime; 
182.23     (3) facilitate training for personnel; 
182.24     (4) monitor compliance with investigative protocols; and 
182.25     (5) implement an outcome evaluation and data quality 
182.26  control process. 
182.27     Subd. 5.  [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 
182.28  participating law enforcement officers must be licensed peace 
182.29  officers as defined in section 626.84, subdivision 1, or 
182.30  qualified federal law enforcement officers as defined in section 
182.31  626.8453.  Participating officers remain employees of the same 
182.32  entity that employed them before joining any multijurisdictional 
182.33  entity established under this section.  Participating officers 
182.34  are not employees of the state. 
182.35     Subd. 6.  [JURISDICTION AND POWERS.] Law enforcement 
182.36  officers participating in any multijurisdictional entity 
183.1   established under this section have statewide jurisdiction to 
183.2   conduct criminal investigations and have the same powers of 
183.3   arrest as those possessed by a sheriff. 
183.4      Subd. 7.  [GRANTS AUTHORIZED.] The commissioner of public 
183.5   safety, upon recommendation of the council, may make grants to 
183.6   state and local units of government to combat gang and drug 
183.7   crime. 
183.8      Subd. 8.  [OVERSIGHT COUNCIL IS PERMANENT.] Notwithstanding 
183.9   section 15.059, this section does not expire. 
183.10     Subd. 9.  [FUNDING.] Participating agencies may accept 
183.11  lawful grants or contributions from any federal source or legal 
183.12  business or entity. 
183.13     Subd. 10.  [ROLE OF THE ATTORNEY GENERAL.] The attorney 
183.14  general or a designee shall generally advise on any matters that 
183.15  the oversight council deems appropriate. 
183.16     Subd. 11.  [ATTORNEY GENERAL; COMMUNITY LIAISON.] (a) The 
183.17  attorney general or a designee shall serve as a liaison between 
183.18  the oversight council and the councils created in sections 
183.19  3.922, 3.9223, 3.9225, and 3.9226.  The attorney general or 
183.20  designee will be responsible for: 
183.21     (1) informing the councils of the plans, activities, and 
183.22  decisions and hearing their reactions to those plans, 
183.23  activities, and decisions; and 
183.24     (2) providing the oversight council with the councils' 
183.25  position on the oversight council's plan, activities, and 
183.26  decisions. 
183.27     (b) In no event is the oversight council required to 
183.28  disclose the names of individuals identified by it to the 
183.29  councils referenced in this subdivision. 
183.30     (c) Nothing in this subdivision changes the data 
183.31  classification of any data held by the oversight council. 
183.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
183.33     Sec. 5.  [299A.681] [MINNESOTA FINANCIAL CRIMES OVERSIGHT 
183.34  COUNCIL.] 
183.35     Subdivision 1.  [OVERSIGHT COUNCIL ESTABLISHED.] The 
183.36  Minnesota Financial Crimes Oversight Council is established to 
184.1   provide guidance related to the investigation and prosecution of 
184.2   identity theft and financial crime. 
184.3      Subd. 2.  [MEMBERSHIP.] The council shall consist of the 
184.4   following individuals or their designees: 
184.5      (1) the commissioner of public safety; 
184.6      (2) the attorney general; 
184.7      (3) two chiefs of police, selected by the Minnesota Chiefs 
184.8   of Police Association from police departments which participate 
184.9   in the Minnesota Financial Crimes Task Force; 
184.10     (4) two sheriffs, selected by the Minnesota Sheriffs 
184.11  Association from sheriff departments which participate in the 
184.12  Minnesota Financial Crimes Task Force; 
184.13     (5) the United States attorney for the district of 
184.14  Minnesota; 
184.15     (6) one county attorney, selected by the Minnesota County 
184.16  Attorneys Association; 
184.17     (7) a representative from the United States Postal 
184.18  Inspector's Office; 
184.19     (8) a representative from a not-for-profit retail merchants 
184.20  industry; 
184.21     (9) a representative from a not-for-profit banking and 
184.22  credit union industry; 
184.23     (10) a representative from a not-for-profit association 
184.24  representing senior citizens; 
184.25     (11) the statewide commander described in subdivision 4; 
184.26     (12) a representative from the Board of Public Defense; and 
184.27     (13) two additional members who shall be selected by the 
184.28  council. 
184.29  The council may adopt procedures to govern its conduct as 
184.30  necessary and shall select a chair from among its members. 
184.31     Subd. 3.  [DUTIES.] The council shall develop an overall 
184.32  strategy to ameliorate the harm caused to the public by identity 
184.33  theft and financial crime within the state of Minnesota.  This 
184.34  strategy may include the development of protocols and procedures 
184.35  to investigate financial crimes and a structure for best 
184.36  addressing these issues in a multijurisdictional manner.  
185.1   Additionally, the council shall: 
185.2      (1) establish a multijurisdictional statewide Minnesota 
185.3   Financial Crimes Task Force to investigate major financial 
185.4   crimes; 
185.5      (2) choose a statewide commander who shall serve at the 
185.6   pleasure of the council; 
185.7      (3) assist the Department of Public Safety in developing an 
185.8   objective grant application and review process that is free from 
185.9   conflicts of interest; 
185.10     (4) make funding recommendations to the commissioner of 
185.11  public safety on grants to support efforts to combat identity 
185.12  theft and financial crime; 
185.13     (5) assist in developing a process to collect and share 
185.14  information to improve the investigation and prosecution of 
185.15  identity theft and financial crime; 
185.16     (6) develop and approve an operational budget for the 
185.17  office of the statewide commander and the council; 
185.18     (7) establish fiscal procedures with the Department of 
185.19  Public Safety on funding disbursements and allocation procedures 
185.20  for approved council and task force operations and grants which 
185.21  are funded under assessment fees collected in subdivision 9; and 
185.22     (8) enter into such contracts as necessary to establish and 
185.23  maintain a relationship with the retailers, financial 
185.24  institutions, and other businesses to deal effectively with 
185.25  identity theft and financial crime. 
185.26     The task force described in clause (1) may consist of 
185.27  members from local law enforcement agencies, federal law 
185.28  enforcement agencies, state and federal prosecutor offices, the 
185.29  Board of Public Defense, and representatives from elderly 
185.30  victims, retail, and financial institutions as described in 
185.31  subdivision 2, clauses (8), (9), and (10). 
185.32     Subd. 4.  [STATEWIDE COMMANDER.] The current task force 
185.33  commander serving under section 299A.68 shall transition the 
185.34  current task force and remain in place as commander under the 
185.35  council until July 1, 2008, at which time the commissioner of 
185.36  public safety, upon the recommendation of the council, shall 
186.1   appoint a statewide commander as chosen by the council.  The 
186.2   current commander shall be reappointed.  The commander serving 
186.3   in the unclassified service shall: 
186.4      (1) coordinate and monitor all multijurisdictional identity 
186.5   theft and financial crime enforcement activities; 
186.6      (2) facilitate local efforts and ensure statewide 
186.7   coordination with efforts to combat identity theft and financial 
186.8   crime; 
186.9      (3) facilitate training for personnel; 
186.10     (4) monitor compliance with investigative protocols; 
186.11     (5) implement an outcome evaluation and data quality 
186.12  control process; 
186.13     (6) be responsible for selection and removal for cause of 
186.14  assigned task force investigators who are designated 
186.15  participants under a memorandum of understanding and/or who 
186.16  receive grant funding; 
186.17     (7) provide supervision of task force investigators 
186.18  assigned; 
186.19     (8) submit a task force operational budget to the council 
186.20  for approval; and 
186.21     (9) submit quarterly task force activity reports to the 
186.22  council. 
186.23     Subd. 5.  [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 
186.24  law enforcement officers selected to participate in the 
186.25  Minnesota Financial Crimes Task Force must be licensed peace 
186.26  officers as defined in section 626.84, subdivision 1, or 
186.27  qualified federal law enforcement officers as defined in section 
186.28  626.8453.  Participating officers remain employees of the same 
186.29  entity that employed them before joining any multijurisdictional 
186.30  entity established under this section.  Participating officers 
186.31  are not employees of the state. 
186.32     Subd. 6.  [JURISDICTION AND POWERS.] Law enforcement 
186.33  officers participating in any multijurisdictional entity 
186.34  established under this section have statewide jurisdiction to 
186.35  conduct criminal investigations and have the same powers of 
186.36  arrest as those possessed by a sheriff.  The task force shall 
187.1   retain the assigned originating reporting number for case 
187.2   reporting purposes according to section 299A.68 and transferred 
187.3   to this section effective July 1, 2005. 
187.4      Subd. 7.  [GRANTS AUTHORIZED.] The commissioner of public 
187.5   safety, upon recommendation of the council, shall make grants to 
187.6   state and local units of government to combat identity theft and 
187.7   financial crime.  The commander, as funding permits, may prepare 
187.8   a budget to establish four regional districts and funding grant 
187.9   allocations programs outside the counties of Hennepin, Ramsey, 
187.10  Anoka, Washington, and Dakota.  The budget shall be reviewed and 
187.11  approved by the council and recommended to the commissioner of 
187.12  public safety to support these efforts.  The council account 
187.13  shall be transferred on or before each fiscal accounting 
187.14  calendar quarter during each year on a recurring basis to its 
187.15  fiscal agent under subdivision 3, clause (7). 
187.16     Subd. 8.  [VICTIMS' ASSISTANCE PROGRAM.] (a) The council 
187.17  may establish a victims' assistance program to assist victims of 
187.18  economic crimes and provide prevention and awareness programs.  
187.19  The council may retain outside services of not-for-profit 
187.20  organizations to assist in the development of delivery systems 
187.21  to aid victims of financial crimes.  Services to victims shall 
187.22  not include any financial assistance to victims, but are limited 
187.23  to helping victims obtain police assistance and giving direction 
187.24  to victims for protecting personal accounts and identities.  
187.25  Services include a victim 1-800 number, facsimile number, Web 
187.26  site, telephone service Monday through Friday, e-mail response, 
187.27  and interfaces to other helpful Web sites.  Information about 
187.28  victims gathered by the victim task force assistance program 
187.29  shall be covered by the Data Privacy Act under chapter 13. 
187.30     (b) The council may post or communicate through public 
187.31  service announcements in newspapers, radio, television, cable 
187.32  access, billboards, Internet, Web sites, and other normal 
187.33  advertising channels a financial reward of up to $2,000 for tips 
187.34  leading to the apprehension and successful prosecution of 
187.35  individuals committing economic crimes.  All rewards must meet 
187.36  the Minnesota Financial Crimes Oversight Council standards.  The 
188.1   release of funds shall be made to an individual whose 
188.2   information leads to the apprehension and prosecution of 
188.3   offenders committing economic or financial crimes against 
188.4   citizens or businesses in the state of Minnesota.  All rewards 
188.5   paid to an individual shall be reported to the Department of 
188.6   Revenue along with the individual's Social Security number. 
188.7      Subd. 9.  [COUNCIL AND TASK FORCE ARE PERMANENT.] 
188.8   Notwithstanding section 15.059, this section does not expire. 
188.9      Subd. 10.  [FUNDING.] The Minnesota Financial Crimes 
188.10  Oversight Council may accept lawful grants and in-kind 
188.11  contributions from any federal source or legal business or 
188.12  individual not funded by this section for general operation 
188.13  support, including personnel costs.  These grants or in-kind 
188.14  contributions are not to be directed toward the case of a 
188.15  particular victim or business.  The council fiscal agent shall 
188.16  handle all funds approved by the council including in-kind 
188.17  contributions. 
188.18     Subd. 11.  [FORFEITURE.] Property seized by the task force 
188.19  established by the council is subject to forfeiture pursuant to 
188.20  sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership 
188.21  cannot be established.  The council shall receive the proceeds 
188.22  from the sale of all property that it properly seizes and that 
188.23  is forfeited. 
188.24     Subd. 12.  [TRANSFER EQUIPMENT FROM CURRENT MINNESOTA 
188.25  FINANCIAL CRIMES TASK FORCE.] All current equipment shall be 
188.26  transferred from the Minnesota Financial Crimes Task Force 
188.27  established under section 299A.68 to the Minnesota Financial 
188.28  Crimes Oversight Council established under this section for use 
188.29  by the Minnesota Financial Crimes Task Force formed under this 
188.30  section, effective July 1, 2005.  
188.31     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
188.32     Sec. 6.  [299A.78] [STATEWIDE HUMAN TRAFFICKING 
188.33  ASSESSMENT.] 
188.34     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
188.35  299A.78 to 299A.795, the following definitions apply: 
188.36     (a) "Commissioner" means the commissioner of the Department 
189.1   of Public Safety. 
189.2      (b) "Nongovernmental organizations" means nonprofit, 
189.3   nongovernmental organizations that provide legal, social, or 
189.4   other community services. 
189.5      (c) "Blackmail" means a threat to expose any fact or 
189.6   alleged fact tending to cause shame or to subject any person to 
189.7   hatred, contempt, or ridicule. 
189.8      (d) "Debt bondage" means the status or condition of a 
189.9   debtor arising from a pledge by the debtor of the debtor's 
189.10  personal services or those of a person under the debtor's 
189.11  control as a security for debt, if the value of those services 
189.12  as reasonably assessed is not applied toward the liquidation of 
189.13  the debt or the length and nature of those services are not 
189.14  respectively limited and defined. 
189.15     (e) "Forced labor or services" means labor or services that 
189.16  are performed or provided by another person and are obtained or 
189.17  maintained through an actor's: 
189.18     (1) threat, either implicit or explicit, scheme, plan, or 
189.19  pattern, or other action intended to cause a person to believe 
189.20  that, if the person did not perform or provide the labor or 
189.21  services, that person or another person would suffer bodily harm 
189.22  or physical restraint; 
189.23     (2) physically restraining or threatening to physically 
189.24  restrain a person; 
189.25     (3) abuse or threatened abuse of the legal process; 
189.26     (4) knowingly destroying, concealing, removing, 
189.27  confiscating, or possessing any actual or purported passport or 
189.28  other immigration document, or any other actual or purported 
189.29  government identification document, of another person; or 
189.30     (5) use of blackmail.  
189.31     (f)  "Labor trafficking" means the recruitment, 
189.32  transportation, transfer, harboring, enticement, provision, 
189.33  obtaining, or receipt of a person by any means, whether a United 
189.34  States citizen or foreign national, for the purpose of: 
189.35     (1) debt bondage or forced labor or services; 
189.36     (2) slavery or practices similar to slavery; or 
190.1      (3) the removal of organs through the use of coercion or 
190.2   intimidation. 
190.3      (g)  "Labor trafficking victim" means a person subjected to 
190.4   the practices in paragraph (f). 
190.5      (h)  "Sex trafficking" means receiving, recruiting, 
190.6   enticing, harboring, providing, or obtaining by any means an 
190.7   individual to aid in the prostitution of the individual.  
190.8      (i)  "Sex trafficking victim" means a person subjected to 
190.9   the practices in paragraph (h). 
190.10     (j) "Trafficking" includes "labor trafficking" as defined 
190.11  in paragraph (f) , and "sex trafficking" as defined in paragraph 
190.12  (h). 
190.13     (k) "Trafficking victim" includes "labor trafficking 
190.14  victim" as defined in paragraph (g), and "sex trafficking 
190.15  victim" as defined in paragraph (i). 
190.16     Subd. 2.  [GENERAL DUTIES.] The commissioner of public 
190.17  safety shall: 
190.18     (1) in cooperation with local authorities, collect, share, 
190.19  and compile trafficking data among government agencies to assess 
190.20  the nature and extent of trafficking in Minnesota; 
190.21     (2) analyze collected data to develop a plan to address and 
190.22  prevent trafficking; and 
190.23     (3) use its analyses to establish policies to enable state 
190.24  government to work with nongovernmental organizations to provide 
190.25  assistance to trafficking victims. 
190.26     Subd. 3.  [OUTSIDE SERVICES.] As provided for in section 
190.27  15.061, the commissioner of public safety may contract with 
190.28  professional or technical services in connection with the duties 
190.29  to be performed under sections 299A.785 to 299A.795.  The 
190.30  commissioner may also contract with other outside organizations 
190.31  to assist with the duties to be performed under sections 
190.32  299A.785 to 299A.795. 
190.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
190.34     Sec. 7.  [299A.785] [TRAFFICKING STUDY.] 
190.35     Subdivision 1.  [INFORMATION TO BE COLLECTED.] The 
190.36  commissioner shall elicit the cooperation and assistance of 
191.1   government agencies and nongovernmental organizations as 
191.2   appropriate to assist in the collection of trafficking data.  
191.3   The commissioner shall direct the appropriate authorities in 
191.4   each agency and organization to make best efforts to collect 
191.5   information relevant to tracking progress on trafficking.  The 
191.6   information to be collected may include, but is not limited to: 
191.7      (1) the numbers of arrests, prosecutions, and successful 
191.8   convictions of traffickers and those committing trafficking 
191.9   related crimes, including, but not limited to, the following 
191.10  offenses:  609.27, coercion; 609.322, solicitation of 
191.11  prostitution; 609.324, other prostitution crimes; 609.33, 
191.12  disorderly house; 609.352, solicitation of a child; and 617.245 
191.13  and 617.246, use of minors in sexual performance; 
191.14     (2) statistics on the number of trafficking victims, 
191.15  including demographics, method of recruitment, and method of 
191.16  discovery; 
191.17     (3) trafficking routes and patterns, states or country of 
191.18  origin, transit states or countries; 
191.19     (4) method of transportation, motor vehicles, aircraft, 
191.20  watercraft, or by foot if any transportation took place; and 
191.21     (5) social factors that contribute to and foster 
191.22  trafficking, especially trafficking of women and children. 
191.23     Subd. 2.  [REPORT AND ANNUAL PUBLICATION.] (a) By September 
191.24  1, 2006, the commissioner of public safety shall report to the 
191.25  chairs of the senate and house of representatives committees and 
191.26  divisions having jurisdiction over criminal justice policy and 
191.27  funding a summary of its findings.  This report shall include, 
191.28  to the extent possible, the information to be collected in 
191.29  subdivision 1 and any other information the commissioner finds 
191.30  relevant to the issue of trafficking in Minnesota. 
191.31     (b) The commissioner shall gather, compile, and publish 
191.32  annually statistical data on the extent and nature of 
191.33  trafficking in Minnesota.  This annual publication shall be 
191.34  available to the public and include, to the extent possible, the 
191.35  information to be collected in subdivision 1 and any other 
191.36  information the commissioner finds relevant to the issue of 
192.1   trafficking in Minnesota. 
192.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
192.3      Sec. 8.  [299A.79] [TRAFFICKING ANALYSIS AND INITIATIVES.] 
192.4      Subdivision 1.  [DATA ANALYSIS.] The commissioner shall 
192.5   analyze the data collected in section 299A.785 to develop and 
192.6   carry out a plan to address current trafficking and prevent 
192.7   future trafficking in Minnesota.  The commissioner may evaluate 
192.8   various approaches used by other state and local governments to 
192.9   address trafficking.  The plan shall include, but not be limited 
192.10  to, the following initiatives: 
192.11     (1) training agencies, organizations, and officials 
192.12  involved in law enforcement, prosecution, and social services; 
192.13     (2) increasing public awareness of trafficking; and 
192.14     (3) establishing procedures to enable the state government 
192.15  to work with nongovernmental organizations to prevent 
192.16  trafficking. 
192.17     Subd. 2.  [TRAINING INITIATIVES.] (a) The commissioner 
192.18  shall provide and strengthen training for law enforcement, 
192.19  prosecutors, social services, and other relevant officials in 
192.20  addressing trafficking.  The training shall include: 
192.21     (1) methods used in identifying trafficking victims, 
192.22  including preliminary interview techniques and appropriate 
192.23  interrogation methods; 
192.24     (2) methods for prosecuting traffickers; 
192.25     (3) methods for protecting the rights of trafficking 
192.26  victims, taking into account the need to consider human rights 
192.27  and special needs of women and children trafficking victims; and 
192.28     (4) methods for promoting the safety of trafficking victims.
192.29     (b) Once created and as updated, the commissioner shall 
192.30  provide training plans and materials associated with paragraph 
192.31  (a) to the Board of Peace Officer Standards and Training. 
192.32     Subd. 3.  [AWARENESS INITIATIVES.] (a) The commissioner 
192.33  shall, in cooperation with appropriate nongovernmental 
192.34  organizations, establish public awareness programs designed to 
192.35  educate persons at risk of trafficking and their families of the 
192.36  risks of victimization.  The programs shall include, but not be 
193.1   limited to, information on the following subjects: 
193.2      (1) the risks of becoming a trafficking victim, including: 
193.3      (i) common recruitment techniques, such as use of debt 
193.4   bondage, blackmail, forced labor and services, prostitution, and 
193.5   other coercive tactics; and 
193.6      (ii) the risks of assault, criminal sexual conduct, 
193.7   exposure to sexually transmitted diseases, and psychological 
193.8   harm; 
193.9      (2) crime victims' rights in Minnesota; and 
193.10     (3) methods for reporting recruitment activities involved 
193.11  in trafficking. 
193.12     (b) The commissioner shall, in cooperation with appropriate 
193.13  agencies and nongovernmental organizations, disseminate public 
193.14  awareness materials to educate the public on the extent of 
193.15  trafficking and to discourage the demand that fosters and leads 
193.16  to trafficking, in particular trafficking of women and children. 
193.17  These materials may include information on: 
193.18     (1) the impact of trafficking on victims; 
193.19     (2) the aggregate impact of trafficking worldwide and 
193.20  domestically; and 
193.21     (3) the criminal consequences of trafficking.  The 
193.22  materials may be disseminated by way of the following media:  
193.23  pamphlets, brochures, posters, advertisements in mass media, or 
193.24  any other appropriate methods. 
193.25     (c) Once created and as updated, the commissioner shall 
193.26  provide samples of the materials disseminated under paragraph 
193.27  (b) to the Department of Public Safety's office of justice 
193.28  program. 
193.29     Subd. 4.  [ANNUAL EVALUATION.] The commissioner shall 
193.30  evaluate its training and awareness initiatives annually to 
193.31  ensure their effectiveness. 
193.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
193.33     Sec. 9.  [299A.795] [TRAFFICKING VICTIM ASSISTANCE.] 
193.34     (a) The commissioner shall establish policies to enable 
193.35  state government to work with nongovernmental organizations to 
193.36  provide assistance to trafficking victims. 
194.1      (b) The commissioner may review the existing services and 
194.2   facilities to meet trafficking victims' needs and recommend a 
194.3   plan that would coordinate such services, including, but not 
194.4   limited to: 
194.5      (1) medical and mental health services; 
194.6      (2) housing; 
194.7      (3) education and job training; 
194.8      (4) English as a second language; 
194.9      (5) interpreting services; 
194.10     (6) legal and immigration services; and 
194.11     (7) victim compensation. 
194.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
194.13     Sec. 10.  Minnesota Statutes 2004, section 299C.10, 
194.14  subdivision 1, is amended to read: 
194.15     Subdivision 1.  [REQUIRED FINGERPRINTING.] (a) Sheriffs, 
194.16  peace officers, and community corrections agencies operating 
194.17  secure juvenile detention facilities shall take or cause to be 
194.18  taken immediately finger and thumb prints, photographs, 
194.19  distinctive physical mark identification data, information on 
194.20  any known aliases or street names, and other identification data 
194.21  requested or required by the superintendent of the bureau, of 
194.22  the following: 
194.23     (1) persons arrested for, appearing in court on a charge 
194.24  of, or convicted of a felony, gross misdemeanor, or targeted 
194.25  misdemeanor; 
194.26     (2) juveniles arrested for, appearing in court on a charge 
194.27  of, adjudicated delinquent for, or alleged to have committed 
194.28  felonies or gross misdemeanors as distinguished from those 
194.29  committed by adult offenders; 
194.30     (3) persons reasonably believed by the arresting officer to 
194.31  be fugitives from justice; 
194.32     (4) persons in whose possession, when arrested, are found 
194.33  concealed firearms or other dangerous weapons, burglar tools or 
194.34  outfits, high-power explosives, or articles, machines, or 
194.35  appliances usable for an unlawful purpose and reasonably 
194.36  believed by the arresting officer to be intended for such 
195.1   purposes; and 
195.2      (5) juveniles referred by a law enforcement agency to a 
195.3   diversion program for a felony or gross misdemeanor offense; and 
195.4      (6) persons currently involved in the criminal justice 
195.5   process, on probation, on parole, or in custody for the offenses 
195.6   in suspense whom the superintendent of the bureau identifies as 
195.7   being the subject of a court disposition record which cannot be 
195.8   linked to an arrest record, and whose fingerprints are necessary 
195.9   in order to maintain and ensure the accuracy of the bureau's 
195.10  criminal history files, to reduce the number of suspense files, 
195.11  or to comply with the mandates of section 299C.111, relating to 
195.12  the reduction of the number of suspense files.  This duty to 
195.13  obtain fingerprints for the offenses in suspense at the request 
195.14  of the bureau shall include the requirement that fingerprints be 
195.15  taken in post-arrest interviews; while making court appearances; 
195.16  while in custody; or while on any form of probation, diversion, 
195.17  or supervised release. 
195.18     (b) Unless the superintendent of the bureau requires a 
195.19  shorter period, within 24 hours the fingerprint records and 
195.20  other identification data specified under paragraph (a) must be 
195.21  forwarded to the bureau on such forms and in such manner as may 
195.22  be prescribed by the superintendent. 
195.23     (c) Prosecutors, courts, and probation officers and their 
195.24  agents, employees, and subordinates, shall attempt to ensure 
195.25  that the required identification data is taken on a person 
195.26  described in paragraph (a).  Law enforcement may take 
195.27  fingerprints of an individual who is presently on probation.  
195.28     (d) For purposes of this section, a targeted misdemeanor is 
195.29  a misdemeanor violation of section 169A.20 (driving while 
195.30  impaired), 518B.01 (order for protection violation), 609.224 
195.31  (fifth degree assault), 609.2242 (domestic assault), 609.746 
195.32  (interference with privacy), 609.748 (harassment or restraining 
195.33  order violation), or 617.23 (indecent exposure). 
195.34     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
195.35     Sec. 11.  Minnesota Statutes 2004, section 299C.10, is 
195.36  amended by adding a subdivision to read: 
196.1      Subd. 1a.  [COURT DISPOSITION RECORD IN SUSPENSE; 
196.2   FINGERPRINTING.] The superintendent of the bureau shall inform a 
196.3   prosecuting authority that a person prosecuted by that authority 
196.4   is the subject of a court disposition record in suspense which 
196.5   requires fingerprinting under this section.  Upon being notified 
196.6   by the superintendent or otherwise learning of the suspense 
196.7   status of a court disposition record, any prosecuting authority 
196.8   may bring a motion in district court to compel the taking of the 
196.9   person's fingerprints upon a showing to the court that the 
196.10  person is the subject of the court disposition record in 
196.11  suspense. 
196.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
196.13     Sec. 12.  Minnesota Statutes 2004, section 299C.14, is 
196.14  amended to read: 
196.15     299C.14 [INFORMATION ON RELEASED PRISONER.] 
196.16     It shall be the duty of the officials having charge of the 
196.17  penal institutions of the state or the release of prisoners 
196.18  therefrom to furnish to the bureau, as the superintendent may 
196.19  require, finger and thumb prints, photographs, distinctive 
196.20  physical mark identification data, other identification data, 
196.21  modus operandi reports, and criminal records of prisoners 
196.22  heretofore, now, or hereafter confined in such penal 
196.23  institutions, together with the period of their service and the 
196.24  time, terms, and conditions of their discharge.  This duty to 
196.25  furnish information includes, but is not limited to, requests 
196.26  for fingerprints as the superintendent of the bureau deems 
196.27  necessary to maintain and ensure the accuracy of the bureau's 
196.28  criminal history files, to reduce the number of suspense files, 
196.29  or to comply with the mandates of section 299C.111 relating to 
196.30  the reduction of the number of suspense files where a 
196.31  disposition record is received that cannot be linked to an 
196.32  arrest record. 
196.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
196.34     Sec. 13.  Minnesota Statutes 2004, section 299C.145, 
196.35  subdivision 3, is amended to read: 
196.36     Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only law 
197.1   enforcement criminal justice agencies, as defined in section 
197.2   299C.46, subdivision 2, may submit data to and obtain data from 
197.3   the distinctive physical mark identification system. 
197.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
197.5      Sec. 14.  Minnesota Statutes 2004, section 299C.65, 
197.6   subdivision 1, is amended to read: 
197.7      Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The Criminal and 
197.8   Juvenile Justice Information Policy Group consists of the 
197.9   commissioner of corrections, the commissioner of public safety, 
197.10  the commissioner of administration, the commissioner of finance, 
197.11  and four members of the judicial branch appointed by the chief 
197.12  justice of the Supreme Court, the chief administrator of the 
197.13  Board of Public Defense, and the chair, the first vice chair, 
197.14  and two additional members of the Criminal and Juvenile Justice 
197.15  Information Task Force.  The two additional members of the task 
197.16  force must be elected officials, and one must have been selected 
197.17  by the League of Minnesota Cities and the other by the Minnesota 
197.18  Association of Counties.  The policy group may appoint 
197.19  additional, nonvoting members as necessary from time to time. 
197.20     (b) The commissioner of public safety is designated as the 
197.21  chair of the policy group.  The commissioner and the policy 
197.22  group have overall responsibility for the successful completion 
197.23  of statewide criminal justice information system integration 
197.24  (CriMNet).  The policy group may hire a program manager an 
197.25  executive director to manage the CriMNet projects and to be 
197.26  responsible for the day-to-day operations of CriMNet.  The 
197.27  executive director shall serve at the pleasure of the policy 
197.28  group in unclassified service.  The policy group must ensure 
197.29  that generally accepted project management techniques are 
197.30  utilized for each CriMNet project, including: 
197.31     (1) clear sponsorship; 
197.32     (2) scope management; 
197.33     (3) project planning, control, and execution; 
197.34     (4) continuous risk assessment and mitigation; 
197.35     (5) cost management; 
197.36     (6) quality management reviews; 
198.1      (7) communications management; and 
198.2      (8) proven methodology; and 
198.3      (9) education and training. 
198.4      (c) Products and services for CriMNet project management, 
198.5   system design, implementation, and application hosting must be 
198.6   acquired using an appropriate procurement process, which 
198.7   includes: 
198.8      (1) a determination of required products and services; 
198.9      (2) a request for proposal development and identification 
198.10  of potential sources; 
198.11     (3) competitive bid solicitation, evaluation, and 
198.12  selection; and 
198.13     (4) contract administration and close-out. 
198.14     (d) The policy group shall study and make recommendations 
198.15  to the governor, the Supreme Court, and the legislature on:  
198.16     (1) a framework for integrated criminal justice information 
198.17  systems, including the development and maintenance of a 
198.18  community data model for state, county, and local criminal 
198.19  justice information; 
198.20     (2) the responsibilities of each entity within the criminal 
198.21  and juvenile justice systems concerning the collection, 
198.22  maintenance, dissemination, and sharing of criminal justice 
198.23  information with one another; 
198.24     (3) actions necessary to ensure that information maintained 
198.25  in the criminal justice information systems is accurate and 
198.26  up-to-date; 
198.27     (4) the development of an information system containing 
198.28  criminal justice information on gross misdemeanor-level and 
198.29  felony-level juvenile offenders that is part of the integrated 
198.30  criminal justice information system framework; 
198.31     (5) the development of an information system containing 
198.32  criminal justice information on misdemeanor arrests, 
198.33  prosecutions, and convictions that is part of the integrated 
198.34  criminal justice information system framework; 
198.35     (6) comprehensive training programs and requirements for 
198.36  all individuals in criminal justice agencies to ensure the 
199.1   quality and accuracy of information in those systems; 
199.2      (7) continuing education requirements for individuals in 
199.3   criminal justice agencies who are responsible for the 
199.4   collection, maintenance, dissemination, and sharing of criminal 
199.5   justice data; 
199.6      (8) a periodic audit process to ensure the quality and 
199.7   accuracy of information contained in the criminal justice 
199.8   information systems; 
199.9      (9) the equipment, training, and funding needs of the state 
199.10  and local agencies that participate in the criminal justice 
199.11  information systems; 
199.12     (10) the impact of integrated criminal justice information 
199.13  systems on individual privacy rights; 
199.14     (11) the impact of proposed legislation on the criminal 
199.15  justice system, including any fiscal impact, need for training, 
199.16  changes in information systems, and changes in processes; 
199.17     (12) the collection of data on race and ethnicity in 
199.18  criminal justice information systems; 
199.19     (13) the development of a tracking system for domestic 
199.20  abuse orders for protection; 
199.21     (14) processes for expungement, correction of inaccurate 
199.22  records, destruction of records, and other matters relating to 
199.23  the privacy interests of individuals; and 
199.24     (15) the development of a database for extended 
199.25  jurisdiction juvenile records and whether the records should be 
199.26  public or private and how long they should be retained.  
199.27     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
199.28     Sec. 15.  Minnesota Statutes 2004, section 299C.65, 
199.29  subdivision 2, is amended to read: 
199.30     Subd. 2.  [REPORT, TASK FORCE.] (a) The policy group shall 
199.31  file an annual report with the governor, Supreme Court, and 
199.32  chairs and ranking minority members of the senate and house 
199.33  committees and divisions with jurisdiction over criminal justice 
199.34  funding and policy by December 1 of each year.  
199.35     (b) The report must make recommendations concerning any 
199.36  legislative changes or appropriations that are needed to ensure 
200.1   that the criminal justice information systems operate accurately 
200.2   and efficiently.  To assist them in developing their 
200.3   recommendations, The policy group shall appoint a task force 
200.4   consisting to assist them in their duties.  The task force shall 
200.5   monitor, review, and report to the policy group on 
200.6   CriMNet-related projects and provide oversight to ongoing 
200.7   operations as directed by the policy group.  The task force 
200.8   shall consist of its members or their designees and the 
200.9   following additional members:  
200.10     (1) the director of the Office of Strategic and Long-Range 
200.11  Planning; 
200.12     (2) two sheriffs recommended by the Minnesota Sheriffs 
200.13  Association; 
200.14     (3) (2) two police chiefs recommended by the Minnesota 
200.15  Chiefs of Police Association; 
200.16     (4) (3) two county attorneys recommended by the Minnesota 
200.17  County Attorneys Association; 
200.18     (5) (4) two city attorneys recommended by the Minnesota 
200.19  League of Cities; 
200.20     (6) (5) two public defenders appointed by the Board of 
200.21  Public Defense; 
200.22     (7) (6) two district judges appointed by the Conference of 
200.23  Chief Judges, one of whom is currently assigned to the juvenile 
200.24  court; 
200.25     (8) (7) two community corrections administrators 
200.26  recommended by the Minnesota Association of Counties, one of 
200.27  whom represents a community corrections act county; 
200.28     (9) (8) two probation officers; 
200.29     (10) (9) four public members, one of whom has been a victim 
200.30  of crime, and two who are representatives of the private 
200.31  business community who have expertise in integrated information 
200.32  systems; 
200.33     (11) (10) two court administrators; 
200.34     (12) (11) one member of the house of representatives 
200.35  appointed by the speaker of the house; 
200.36     (13) (12) one member of the senate appointed by the 
201.1   majority leader; 
201.2      (14) (13) the attorney general or a designee; 
201.3      (15) the commissioner of administration or a designee; 
201.4      (16) (14) an individual two individuals recommended by the 
201.5   Minnesota League of Cities, one of whom works or resides in 
201.6   greater Minnesota and one of whom works or resides in the 
201.7   seven-county metropolitan area; and 
201.8      (17) (15) an individual two individuals recommended by the 
201.9   Minnesota Association of Counties, one of whom works or resides 
201.10  in greater Minnesota and one of whom works or resides in the 
201.11  seven-county metropolitan area; 
201.12     (16) the director of the Sentencing Guidelines Commission; 
201.13     (17) one member appointed by the commissioner of public 
201.14  safety; 
201.15     (18) one member appointed by the commissioner of 
201.16  corrections; 
201.17     (19) one member appointed by the commissioner of 
201.18  administration; and 
201.19     (20) one member appointed by the chief justice of the 
201.20  Supreme Court. 
201.21  In making these appointments, the appointing authority shall 
201.22  select members with expertise in integrated data systems or best 
201.23  practices.  The task force member selected by the League of 
201.24  Minnesota Cities and the member selected by the Minnesota 
201.25  Association of Counties who are also members of the policy group 
201.26  may each select an alternate to serve on the task force in their 
201.27  absence.  
201.28     (c) The commissioner of public safety may appoint 
201.29  additional, nonvoting members to the task force as necessary 
201.30  from time to time. 
201.31     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
201.32     Sec. 16.  Minnesota Statutes 2004, section 299C.65, is 
201.33  amended by adding a subdivision to read: 
201.34     Subd. 3a.  [REPORT.] The policy group, with the assistance 
201.35  of the task force, shall file an annual report with the 
201.36  governor, Supreme Court, and chairs and ranking minority members 
202.1   of the senate and house committees and divisions with 
202.2   jurisdiction over criminal justice funding and policy by January 
202.3   15 of each year.  The report must provide the following: 
202.4      (1) status and review of current integration efforts and 
202.5   projects; 
202.6      (2) recommendations concerning any legislative changes or 
202.7   appropriations that are needed to ensure that the criminal 
202.8   justice information systems operate accurately and efficiently; 
202.9   and 
202.10     (3) summary of the activities of the policy group and task 
202.11  force. 
202.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
202.13     Sec. 17.  Minnesota Statutes 2004, section 299C.65, 
202.14  subdivision 5, is amended to read: 
202.15     Subd. 5.  [REVIEW OF FUNDING AND GRANT REQUESTS.] (a) The 
202.16  Criminal and Juvenile Justice Information Policy Group shall 
202.17  review the funding requests for criminal justice information 
202.18  systems from state, county, and municipal government agencies.  
202.19  The policy group shall review the requests for compatibility to 
202.20  statewide criminal justice information system standards.  The 
202.21  review shall be forwarded to the chairs and ranking minority 
202.22  members of the house and senate committees and divisions with 
202.23  jurisdiction over criminal justice funding and policy. 
202.24     (b) The policy group shall also review funding requests for 
202.25  criminal justice information systems grants to be made by the 
202.26  commissioner of public safety as provided in this section.  
202.27  Within the limits of available appropriations, the commissioner 
202.28  of public safety shall make grants for projects that have been 
202.29  approved by the policy group. CriMNet program office, in 
202.30  consultation with the Criminal and Juvenile Justice Information 
202.31  Task Force and with the approval of the policy group, shall 
202.32  create the requirements for any grant request and determine the 
202.33  integration priorities for the grant period.  The CriMNet 
202.34  program office shall also review the requests submitted for 
202.35  compatibility to statewide criminal justice information systems 
202.36  standards. 
203.1      (c) If a funding request is for development of a 
203.2   comprehensive criminal justice information integration plan, the 
203.3   policy group shall ensure that the request contains the 
203.4   components specified in subdivision 6.  If a funding request is 
203.5   for implementation of a plan or other criminal justice 
203.6   information systems project, the policy group shall ensure that: 
203.7      (1) the government agency has adopted a comprehensive plan 
203.8   that complies with subdivision 6; 
203.9      (2) the request contains the components specified in 
203.10  subdivision 7; and 
203.11     (3) the request demonstrates that it is consistent with the 
203.12  government agency's comprehensive plan. The task force shall 
203.13  review funding requests for criminal justice information systems 
203.14  grants and make recommendations to the policy group.  The policy 
203.15  group shall review the recommendations of the task force and 
203.16  shall make a final recommendation for criminal justice 
203.17  information systems grants to be made by the commissioner of 
203.18  public safety.  Within the limits of available state 
203.19  appropriations and federal grants, the commissioner of public 
203.20  safety shall make grants for projects that have been recommended 
203.21  by the policy group. 
203.22     (d) The policy group may approve grants only if the 
203.23  applicant provides an appropriate share of matching funds as 
203.24  determined by the policy group to help pay up to one-half of the 
203.25  costs of the grant request.  The matching requirement must be 
203.26  constant for all counties.  The policy group shall adopt 
203.27  policies concerning the use of in-kind resources to satisfy the 
203.28  match requirement and the sources from which matching funds may 
203.29  be obtained.  Local operational or technology staffing costs may 
203.30  be considered as meeting this match requirement.  Each grant 
203.31  recipient shall certify to the policy group that it has not 
203.32  reduced funds from local, county, federal, or other sources 
203.33  which, in the absence of the grant, would have been made 
203.34  available to the grant recipient to improve or integrate 
203.35  criminal justice technology. 
203.36     (e) All grant recipients shall submit to the CriMNet 
204.1   program office all requested documentation including grant 
204.2   status, financial reports, and a final report evaluating how the 
204.3   grant funds improved the agency's criminal justice integration 
204.4   priorities.  The CriMNet program office shall establish the 
204.5   recipient's reporting dates at the time funds are awarded. 
204.6      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
204.7      Sec. 18.  Minnesota Statutes 2004, section 326.3384, 
204.8   subdivision 1, is amended to read: 
204.9      Subdivision 1.  [PROHIBITION.] No license holder or 
204.10  employee of a license holder shall, in a manner that implies 
204.11  that the person is an employee or agent of a governmental 
204.12  agency, display on a badge, identification card, emblem, 
204.13  vehicle, uniform, stationery, or in advertising for private 
204.14  detective or protective agent services: 
204.15     (1) the words "public safety," "police," "constable," 
204.16  "highway patrol," "state patrol," "sheriff," "trooper," or "law 
204.17  enforcement"; or 
204.18     (2) the name of a municipality, county, state, or of the 
204.19  United States, or any governmental subdivision thereof. 
204.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
204.21  following final enactment. 
204.22     Sec. 19.  [629.406] [MAINTENANCE OF BOOKING RECORDINGS.] 
204.23     When a law enforcement agency elects to produce an 
204.24  electronic recording of any portion of the arrest, booking, or 
204.25  testing process in connection with the arrest of a person, the 
204.26  agency must maintain the recording for a minimum of 30 days 
204.27  after the date the person was booked. 
204.28     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
204.29  following final enactment. 
204.30     Sec. 20.  [REPEALER.] 
204.31     Minnesota Statutes 2004, sections 299A.64; 299A.65; 
204.32  299A.66; 299A.68; and 299C.65, subdivisions 3, 4, 6, 7, 8, 8a, 
204.33  and 9, are repealed. 
204.34     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
204.35                             ARTICLE 12 
204.36                           DNA COLLECTION
205.1      Section 1.  Minnesota Statutes 2004, section 13.6905, 
205.2   subdivision 17, is amended to read: 
205.3      Subd. 17.  [DNA EVIDENCE.] DNA identification data 
205.4   maintained by the Bureau of Criminal Apprehension are governed 
205.5   by section sections 299C.11 and 299C.155. 
205.6      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
205.7      Sec. 2.  Minnesota Statutes 2004, section 299C.03, is 
205.8   amended to read: 
205.9      299C.03 [SUPERINTENDENT; RULES.] 
205.10     The superintendent, with the approval of the commissioner 
205.11  of public safety, from time to time, shall make such rules and 
205.12  adopt such measures as the superintendent deems necessary, 
205.13  within the provisions and limitations of sections 299C.03 to 
205.14  299C.08, 299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 
205.15  299C.21, to secure the efficient operation of the bureau.  The 
205.16  bureau shall cooperate with the respective sheriffs, constables, 
205.17  marshals, police, and other peace officers of the state in the 
205.18  detection of crime and the apprehension of criminals throughout 
205.19  the state, and shall have the power to conduct such 
205.20  investigations as the superintendent, with the approval of the 
205.21  commissioner of public safety, may deem necessary to secure 
205.22  evidence which may be essential to the apprehension and 
205.23  conviction of alleged violators of the criminal laws of the 
205.24  state.  The various members of the bureau shall have and may 
205.25  exercise throughout the state the same powers of arrest 
205.26  possessed by a sheriff, but they shall not be employed to render 
205.27  police service in connection with strikes and other industrial 
205.28  disputes.  
205.29     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
205.30     Sec. 3.  Minnesota Statutes 2004, section 299C.08, is 
205.31  amended to read: 
205.32     299C.08 [OATH OF SUPERINTENDENT AND EMPLOYEES.] 
205.33     The superintendent and each employee in the bureau whom the 
205.34  superintendent shall designate, before entering upon the 
205.35  performance of duties under sections 299C.03 to 299C.08, 
205.36  299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 299C.21, shall 
206.1   take the usual oath.  
206.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
206.3      Sec. 4.  [299C.105] [DNA DATA REQUIRED.] 
206.4      Subdivision 1.  [REQUIRED COLLECTION OF BIOLOGICAL SPECIMEN 
206.5   FOR DNA TESTING.] (a) Sheriffs, peace officers, and community 
206.6   corrections agencies operating secure juvenile detention 
206.7   facilities shall take or cause to be taken immediately 
206.8   biological specimens for the purpose of DNA analysis as defined 
206.9   in section 299C.155, of the following: 
206.10     (1) persons arrested for, appearing in court on a charge 
206.11  of, or convicted of or attempting to commit any of the following:
206.12     (i) murder under section 609.185, 609.19, or 609.195; 
206.13     (ii) manslaughter under section 609.20 or 609.205; 
206.14     (iii) assault under section 609.221, 609.222, or 609.223; 
206.15     (iv) robbery under section 609.24 or aggravated robbery 
206.16  under section 609.245; 
206.17     (v) kidnapping under section 609.25; 
206.18     (vi) false imprisonment under section 609.255; 
206.19     (vii) criminal sexual conduct under section 609.342, 
206.20  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
206.21     (viii) incest under section 609.365; 
206.22     (ix) burglary under section 609.582, subdivision 1; or 
206.23     (x) indecent exposure under section 617.23, subdivision 3; 
206.24     (2) persons sentenced as patterned sex offenders under 
206.25  section 609.108; or 
206.26     (3) juveniles arrested for, appearing in court on a charge 
206.27  of, adjudicated delinquent for, or alleged to have committed or 
206.28  attempted to commit any of the following: 
206.29     (i) murder under section 609.185, 609.19, or 609.195; 
206.30     (ii) manslaughter under section 609.20 or 609.205; 
206.31     (iii) assault under section 609.221, 609.222, or 609.223; 
206.32     (iv) robbery under section 609.24 or aggravated robbery 
206.33  under section 609.245; 
206.34     (v) kidnapping under section 609.25; 
206.35     (vi) false imprisonment under section 609.255; 
206.36     (vii) criminal sexual conduct under section 609.342, 
207.1   609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
207.2      (viii) incest under section 609.365; 
207.3      (ix) burglary under section 609.582, subdivision 1; or 
207.4      (x) indecent exposure under section 617.23, subdivision 3.  
207.5      (b) Unless the superintendent of the bureau requires a 
207.6   shorter period, within 72 hours the biological specimen required 
207.7   under paragraph (a) must be forwarded to the bureau in such a 
207.8   manner as may be prescribed by the superintendent. 
207.9      (c) Prosecutors, courts, and probation officers shall 
207.10  attempt to ensure that the biological specimen is taken on a 
207.11  person described in paragraph (a). 
207.12     Subd. 2.  [LAW ENFORCEMENT TRAINING.] The persons who 
207.13  collect the biological specimens required under subdivision 1 
207.14  must be trained to bureau-established standards in the proper 
207.15  method of collecting and transmitting biological specimens. 
207.16     Subd. 3.  [BUREAU DUTY.] The bureau must perform DNA 
207.17  analysis on biological specimens and enter the results of its 
207.18  analysis in the combined DNA index system within 30 days after 
207.19  specimens are received under this section. 
207.20     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
207.21  and applies to persons arrested on or after that date. 
207.22     Sec. 5.  [299C.106] [ADDITIONAL DNA DATA REQUIRED.] 
207.23     Subdivision 1.  [REQUIRED COLLECTION OF BIOLOGICAL SPECIMEN 
207.24  FOR DNA TESTING.] (a) As of July 1, 2010, sheriffs, peace 
207.25  officers, and community corrections agencies operating secure 
207.26  juvenile detention facilities shall take or cause to be taken 
207.27  immediately biological specimens for the purpose of DNA analysis 
207.28  as defined in section 299C.155, of persons arrested for, 
207.29  appearing in court on a charge of, or convicted of or attempting 
207.30  to commit any felony that is not described in section 299C.105, 
207.31  subdivision 1, paragraph (a), clause (1). 
207.32     (b) Unless the superintendent of the bureau requires a 
207.33  shorter period, within 72 hours the biological specimen required 
207.34  under paragraph (a) must be forwarded to the bureau in such a 
207.35  manner as may be prescribed by the superintendent. 
207.36     (c) Prosecutors, courts, and probation officers shall 
208.1   attempt to ensure that the biological specimen is taken on a 
208.2   person described in paragraph (a). 
208.3      Subd. 2.  [LAW ENFORCEMENT TRAINING.] The persons who 
208.4   collect the biological specimens required under subdivision 1 
208.5   must be trained to bureau-established standards in the proper 
208.6   method of collecting and transmitting biological specimens. 
208.7      Subd. 3.  [BUREAU DUTY.] The bureau must perform DNA 
208.8   analysis on biological specimens and enter the results of its 
208.9   analysis in the combined DNA index system within 30 days after 
208.10  specimens are received under this section.  
208.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2010, 
208.12  and applies to persons arrested on or after that date. 
208.13     Sec. 6.  Minnesota Statutes 2004, section 299C.11, is 
208.14  amended to read: 
208.15     299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
208.16     Subdivision 1.  [FINGERPRINTS IDENTIFICATION DATA OTHER 
208.17  THAN DNA.] (a) Each sheriff and chief of police shall furnish 
208.18  the bureau, upon such form as the superintendent shall 
208.19  prescribe, with such finger and thumb prints, photographs, 
208.20  distinctive physical mark identification data, information on 
208.21  known aliases and street names, and other identification data as 
208.22  may be requested or required by the superintendent of the 
208.23  bureau, which must be taken under the provisions of section 
208.24  299C.10.  In addition, sheriffs and chiefs of police shall 
208.25  furnish this identification data to the bureau for individuals 
208.26  found to have been convicted of a felony, gross misdemeanor, or 
208.27  targeted misdemeanor, within the ten years immediately preceding 
208.28  their arrest.  
208.29     (b) No petition under chapter 609A is required if the 
208.30  person has not been convicted of any felony or gross 
208.31  misdemeanor, either within or without the state, within the 
208.32  period of ten years immediately preceding the determination of 
208.33  all pending criminal actions or proceedings in favor of the 
208.34  arrested person, and either of the following occurred: 
208.35     (1) all charges were dismissed prior to a determination of 
208.36  probable cause; or 
209.1      (2) the prosecuting authority declined to file any charges 
209.2   and a grand jury did not return an indictment. 
209.3   Where these conditions are met, the bureau or agency shall, upon 
209.4   demand, return to the arrested person finger and thumb prints, 
209.5   photographs, distinctive physical mark identification data, 
209.6   information on known aliases and street names, and other 
209.7   identification data, and all copies and duplicates of them. 
209.8      (c) Except as otherwise provided in paragraph (b), upon the 
209.9   determination of all pending criminal actions or proceedings in 
209.10  favor of the arrested person, and the granting of the petition 
209.11  of the arrested person under chapter 609A, the bureau shall seal 
209.12  finger and thumb prints, photographs, distinctive physical mark 
209.13  identification data, information on known aliases and street 
209.14  names, and other identification data, and all copies and 
209.15  duplicates of them if the arrested person has not been convicted 
209.16  of any felony or gross misdemeanor, either within or without the 
209.17  state, within the period of ten years immediately preceding such 
209.18  determination. 
209.19     (d) DNA samples and DNA records of the arrested person 
209.20  shall not be returned, sealed, or destroyed as to a charge 
209.21  supported by probable cause.  
209.22     (e) For purposes of this section: 
209.23     (1) "determination of all pending criminal actions or 
209.24  proceedings in favor of the arrested person" does not include: 
209.25     (i) the sealing of a criminal record pursuant to section 
209.26  152.18, subdivision 1, 242.31, or chapter 609A; 
209.27     (ii) the arrested person's successful completion of a 
209.28  diversion program; 
209.29     (iii) an order of discharge under section 609.165; or 
209.30     (iv) a pardon granted under section 638.02; and 
209.31     (2) "targeted misdemeanor" has the meaning given in section 
209.32  299C.10, subdivision 1. 
209.33     Subd. 2.  [DNA SAMPLES AND RECORDS.] (a) Each sheriff and 
209.34  chief of police shall furnish the bureau, in such form as the 
209.35  superintendent shall prescribe, with the biological specimens 
209.36  required to be taken under section 299C.105. 
210.1      (b) No petition under chapter 609A is required if the 
210.2   person has not been convicted of any felony, either within or 
210.3   without the state, within the period of ten years immediately 
210.4   preceding the determination of all pending criminal actions or 
210.5   proceedings in favor of the arrested person, and either of the 
210.6   following occurred: 
210.7      (1) all charges were dismissed prior to a determination of 
210.8   probable cause; or 
210.9      (2) the prosecuting authority declined to file any charges 
210.10  and a grand jury did not return an indictment.  Where these 
210.11  conditions are met, the bureau or agency shall, upon demand, 
210.12  remove the person's information from the bureau's combined DNA 
210.13  index system and return to the arrested person the biological 
210.14  specimen, all related records, and all copies and duplicates of 
210.15  them. 
210.16     (c) Except as otherwise provided in paragraph (b), upon the 
210.17  determination of all pending criminal actions or proceedings in 
210.18  favor of the arrested person, and the granting of the petition 
210.19  of the arrested person under chapter 609A, the bureau shall 
210.20  remove the person's information from the bureau's combined DNA 
210.21  index system and seal the biological specimen, all related 
210.22  records, and all copies and duplicates of them, if the arrested 
210.23  person has not been convicted of any felony, either within or 
210.24  without the state, within the period of ten years immediately 
210.25  preceding such determination.  The remedies in section 13.08 
210.26  apply to a violation of this subdivision. 
210.27     Subd. 3.  [DEFINITIONS.] As used in this section, the 
210.28  following terms have the definitions provided: 
210.29     (1) "determination of all pending criminal actions or 
210.30  proceedings in favor of the arrested person" does not include: 
210.31     (i) the sealing of a criminal record pursuant to sections 
210.32  152.18, subdivision 1, and 242.31 or chapter 609A; 
210.33     (ii) the arrested person's successful completion of a 
210.34  diversion program; 
210.35     (iii) an order of discharge under section 609.165; or 
210.36     (iv) a pardon granted under section 638.02; and 
211.1      (2) "targeted misdemeanor" has the meaning given in section 
211.2   299C.10, subdivision 1. 
211.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
211.4   and applies to offenders arrested on or after that date. 
211.5      Sec. 7.  Minnesota Statutes 2004, section 299C.155, is 
211.6   amended to read: 
211.7      299C.155 [STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.] 
211.8      Subdivision 1.  [DEFINITION.] As used in this section, "DNA 
211.9   analysis" means the process through which deoxyribonucleic acid 
211.10  (DNA) in a human biological specimen is analyzed and compared 
211.11  with DNA from another human biological specimen for 
211.12  identification purposes. 
211.13     Subd. 2.  [UNIFORM EVIDENCE COLLECTION.] The bureau shall 
211.14  develop uniform procedures and protocols for collecting evidence 
211.15  in cases of alleged or suspected criminal sexual conduct, 
211.16  including procedures and protocols for the collection and 
211.17  preservation of human biological specimens for DNA analysis. Law 
211.18  enforcement agencies and medical personnel who conduct 
211.19  evidentiary exams shall use the uniform procedures and protocols 
211.20  in their investigation of criminal sexual conduct offenses.  The 
211.21  uniform procedures and protocols developed under this 
211.22  subdivision are not subject to the rulemaking provisions of 
211.23  chapter 14. 
211.24     Subd. 3.  [DNA ANALYSIS AND DATA BANK.] The bureau shall 
211.25  adopt uniform procedures and protocols to maintain, preserve, 
211.26  and analyze human biological specimens for DNA.  The bureau 
211.27  shall establish a centralized system to cross-reference data 
211.28  obtained from DNA analysis.  Data contained on the bureau's 
211.29  centralized system is private data on individuals, as that term 
211.30  is defined in section 13.02.  The bureau's centralized system 
211.31  may only be accessed by authorized law enforcement personnel and 
211.32  used solely for law enforcement identification purposes.  The 
211.33  remedies in section 13.08 apply to a violation of this 
211.34  subdivision.  The uniform procedures and protocols developed 
211.35  under this subdivision are not subject to the rulemaking 
211.36  provisions of chapter 14. 
212.1      Subd. 4.  [RECORD.] The bureau shall perform DNA analysis 
212.2   and make data obtained available to law enforcement officials in 
212.3   connection with criminal investigations in which human 
212.4   biological specimens have been recovered.  Upon request, the 
212.5   bureau shall also make the data available to the prosecutor and 
212.6   the subject of the data in any subsequent criminal prosecution 
212.7   of the subject.  The results of the bureau's DNA analysis and 
212.8   related records are private data on individuals, as that term is 
212.9   defined in section 13.02, and may only be used for law 
212.10  enforcement identification purposes.  The remedies in section 
212.11  13.08 apply to a violation of this subdivision.  
212.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
212.13     Sec. 8.  Minnesota Statutes 2004, section 299C.21, is 
212.14  amended to read: 
212.15     299C.21 [PENALTY ON LOCAL OFFICER REFUSING INFORMATION.] 
212.16     If any public official charged with the duty of furnishing 
212.17  to the bureau fingerprint records, biological specimens, 
212.18  reports, or other information required by sections 299C.06, 
212.19  299C.10, 299C.105, 299C.11, 299C.17, shall neglect or refuse to 
212.20  comply with such requirement, the bureau, in writing, shall 
212.21  notify the state, county, or city officer charged with the 
212.22  issuance of a warrant for the payment of the salary of such 
212.23  official.  Upon the receipt of the notice the state, county, or 
212.24  city official shall withhold the issuance of a warrant for the 
212.25  payment of the salary or other compensation accruing to such 
212.26  officer for the period of 30 days thereafter until notified by 
212.27  the bureau that such suspension has been released by the 
212.28  performance of the required duty.  
212.29     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
212.30     Sec. 9.  [590.10] [PRESERVATION OF EVIDENCE.] 
212.31     Subdivision 1.  [PRESERVATION.] Notwithstanding any other 
212.32  provision of law, all appropriate governmental entities shall 
212.33  retain any item of physical evidence which contains biological 
212.34  material that is used to secure a conviction in a criminal case 
212.35  for the period of time that any person remains incarcerated, on 
212.36  probation or parole, civilly committed, or subject to 
213.1   registration as a sex offender in connection with the case.  The 
213.2   governmental entity need retain only the portion of such 
213.3   evidence as was used to obtain an accurate biological sample and 
213.4   used to obtain a conviction.  This requirement shall apply with 
213.5   or without the filing of a petition for postconviction DNA 
213.6   analysis, as well as during the pendency of proceedings under 
213.7   section 590.01.  If evidence is intentionally destroyed after 
213.8   the filing of a petition under section 590.01, the court may 
213.9   impose appropriate sanctions on the responsible party or parties.
213.10     Subd. 2.  [DEFINITION.] For purposes of this section, 
213.11  "biological evidence" means: 
213.12     (1) the contents of a sexual assault examination kit; or 
213.13     (2) any item that contains blood, semen, hair, saliva, skin 
213.14  tissue, or other identifiable biological material, whether that 
213.15  material is catalogued separately, on a slide, swab, or in a 
213.16  test tube, or is present on other evidence, including, but not 
213.17  limited to, clothing, ligatures, bedding or other household 
213.18  material, drinking cups, cigarettes, and similar items. 
213.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
213.20  following final enactment. 
213.21     Sec. 10.  Minnesota Statutes 2004, section 609.117, is 
213.22  amended to read: 
213.23     609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.] 
213.24     Subdivision 1.  [UPON SENTENCING.] If an offender has not 
213.25  already done so, the court shall order an offender to provide a 
213.26  biological specimen for the purpose of DNA analysis as defined 
213.27  in section 299C.155 when: 
213.28     (1) the court sentences a person charged with violating or 
213.29  attempting to violate any of the following, committing or 
213.30  attempting to commit a felony offense and the person is 
213.31  convicted of that offense or of any offense arising out of the 
213.32  same set of circumstances: 
213.33     (i) murder under section 609.185, 609.19, or 609.195; 
213.34     (ii) manslaughter under section 609.20 or 609.205; 
213.35     (iii) assault under section 609.221, 609.222, or 609.223; 
213.36     (iv) robbery under section 609.24 or aggravated robbery 
214.1   under section 609.245; 
214.2      (v) kidnapping under section 609.25; 
214.3      (vi) false imprisonment under section 609.255; 
214.4      (vii) criminal sexual conduct under section 609.342, 
214.5   609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
214.6      (viii) incest under section 609.365; 
214.7      (ix) burglary under section 609.582, subdivision 1; or 
214.8      (x) indecent exposure under section 617.23, subdivision 3; 
214.9      (2) the court sentences a person as a patterned sex 
214.10  offender under section 609.108; or 
214.11     (3) (2) the juvenile court adjudicates a person a 
214.12  delinquent child who is the subject of a delinquency petition 
214.13  for violating or attempting to violate any of the following, and 
214.14  the delinquency adjudication is based on a violation of one of 
214.15  those sections or of any offense arising out of the same set of 
214.16  circumstances: 
214.17     (i) murder under section 609.185, 609.19, or 609.195; 
214.18     (ii) manslaughter under section 609.20 or 609.205; 
214.19     (iii) assault under section 609.221, 609.222, or 609.223; 
214.20     (iv) robbery under section 609.24 or aggravated robbery 
214.21  under section 609.245; 
214.22     (v) kidnapping under section 609.25; 
214.23     (vi) false imprisonment under section 609.255; 
214.24     (vii) criminal sexual conduct under section 609.342, 
214.25  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
214.26     (viii) incest under section 609.365; 
214.27     (ix) burglary under section 609.582, subdivision 1; or 
214.28     (x) indecent exposure under section 617.23, subdivision 
214.29  3 petitioned for committing or attempting to commit a felony 
214.30  offense and is adjudicated delinquent for that offense or any 
214.31  offense arising out of the same set of circumstances. 
214.32  The biological specimen or the results of the analysis shall be 
214.33  maintained by the Bureau of Criminal Apprehension as provided in 
214.34  section 299C.155. 
214.35     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
214.36  or local corrections authority shall order a person to provide a 
215.1   biological specimen for the purpose of DNA analysis before 
215.2   completion of the person's term of imprisonment when the person 
215.3   has not provided a biological specimen for the purpose of DNA 
215.4   analysis and the person: 
215.5      (1) is currently serving a term of imprisonment for or has 
215.6   a past conviction for violating or attempting to violate any of 
215.7   the following or a similar law of another state or the United 
215.8   States or was initially charged with violating one of the 
215.9   following sections or a similar law of another state or the 
215.10  United States and committing or attempting to commit a felony 
215.11  offense and was convicted of another that offense or of any 
215.12  offense arising out of the same set of circumstances: 
215.13     (i) murder under section 609.185, 609.19, or 609.195; 
215.14     (ii) manslaughter under section 609.20 or 609.205; 
215.15     (iii) assault under section 609.221, 609.222, or 609.223; 
215.16     (iv) robbery under section 609.24 or aggravated robbery 
215.17  under section 609.245; 
215.18     (v) kidnapping under section 609.25; 
215.19     (vi) false imprisonment under section 609.255; 
215.20     (vii) criminal sexual conduct under section 609.342, 
215.21  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
215.22     (viii) incest under section 609.365; 
215.23     (ix) burglary under section 609.582, subdivision 1; or 
215.24     (x) indecent exposure under section 617.23, subdivision 3; 
215.25  or 
215.26     (2) was sentenced as a patterned sex offender under section 
215.27  609.108, and committed to the custody of the commissioner of 
215.28  corrections, or the person has a past felony conviction; or 
215.29     (3) (2) is serving a term of imprisonment in this state 
215.30  under a reciprocal agreement although convicted in another state 
215.31  of an offense described in this subdivision or a similar law of 
215.32  the United States or any other state committing or attempting to 
215.33  commit a felony offense or of any offense arising out of the 
215.34  same set of circumstances if the person was initially charged 
215.35  with committing or attempting to commit a felony offense.  The 
215.36  commissioner of corrections or local corrections authority shall 
216.1   forward the sample to the Bureau of Criminal Apprehension. 
216.2      Subd. 3.  [OFFENDERS FROM OTHER STATES.] When the state 
216.3   accepts an offender from another state under the interstate 
216.4   compact authorized by section 243.16, the acceptance is 
216.5   conditional on the offender providing a biological specimen for 
216.6   the purposes of DNA analysis as defined in section 299C.155, if 
216.7   the offender was convicted of an offense described in 
216.8   subdivision 1 or a similar law of the United States or any other 
216.9   state initially charged with committing or attempting to commit 
216.10  a felony offense and was convicted of that offense or of any 
216.11  offense arising out of the same set of circumstances.  The 
216.12  specimen must be provided under supervision of staff from the 
216.13  Department of Corrections or a Community Corrections Act county 
216.14  within 15 business days after the offender reports to the 
216.15  supervising agent.  The cost of obtaining the biological 
216.16  specimen is the responsibility of the agency providing 
216.17  supervision.  
216.18     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
216.19  and applies to offenders sentenced, released from incarceration, 
216.20  or accepted for supervision on or after that date. 
216.21     Sec. 11.  Minnesota Statutes 2004, section 609A.02, 
216.22  subdivision 3, is amended to read: 
216.23     Subd. 3.  [CERTAIN CRIMINAL PROCEEDINGS NOT RESULTING IN A 
216.24  CONVICTION.] A petition may be filed under section 609A.03 to 
216.25  seal all records relating to an arrest, indictment or 
216.26  information, trial, or verdict if the records are not subject to 
216.27  section 299C.11, subdivision 1, paragraph (b), and if all 
216.28  pending actions or proceedings were resolved in favor of the 
216.29  petitioner.  For purposes of this chapter, a verdict of not 
216.30  guilty by reason of mental illness is not a resolution in favor 
216.31  of the petitioner. 
216.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
216.33     Sec. 12.  Minnesota Statutes 2004, section 609A.03, 
216.34  subdivision 7, is amended to read: 
216.35     Subd. 7.  [LIMITATIONS OF ORDER.] (a) Upon issuance of an 
216.36  expungement order related to a charge supported by probable 
217.1   cause, the DNA samples and DNA records held by the Bureau of 
217.2   Criminal Apprehension shall not be sealed, returned to the 
217.3   subject of the record, or destroyed. 
217.4      (b) Notwithstanding the issuance of an expungement order: 
217.5      (1) an expunged record may be opened for purposes of a 
217.6   criminal investigation, prosecution, or sentencing, upon an ex 
217.7   parte court order; and 
217.8      (2) an expunged record of a conviction may be opened for 
217.9   purposes of evaluating a prospective employee in a criminal 
217.10  justice agency without a court order. 
217.11     Upon request by law enforcement, prosecution, or 
217.12  corrections authorities, an agency or jurisdiction subject to an 
217.13  expungement order shall inform the requester of the existence of 
217.14  a sealed record and of the right to obtain access to it as 
217.15  provided by this paragraph.  For purposes of this section, a 
217.16  "criminal justice agency" means courts or a government agency 
217.17  that performs the administration of criminal justice under 
217.18  statutory authority.  
217.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
217.20     Sec. 13.  [REVISOR'S INSTRUCTION.] 
217.21     In each section of Minnesota Statutes where section 
217.22  299C.105 is cross-referenced, the revisor of statutes shall 
217.23  insert a cross-reference to section 299C.106. 
217.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2010. 
217.25     Sec. 14.  [REPEALER.] 
217.26     Minnesota Statutes 2004, section 609.119, is repealed. 
217.27     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
217.28                             ARTICLE 13
217.29                            CORRECTIONS
217.30     Section 1.  [241.026] [CORRECTIONAL OFFICERS DISCIPLINE 
217.31  PROCEDURES.] 
217.32     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
217.33  section, the terms defined in this subdivision have the meanings 
217.34  given them. 
217.35     (b) "Correctional officer" and "officer" mean a person 
217.36  employed by the state, a state correctional facility, or a local 
218.1   correctional or detention facility in a security capacity. 
218.2      (c) "Formal statement" means the questioning of an officer 
218.3   in the course of obtaining a recorded, stenographic, or signed 
218.4   statement to be used as evidence in a disciplinary proceeding 
218.5   against the officer. 
218.6      Subd. 2.  [APPLICABILITY.] The procedures and provisions of 
218.7   this section apply to state and local correctional authorities. 
218.8      Subd. 3.  [GOVERNING FORMAL STATEMENT PROCEDURES.] The 
218.9   formal statement of an officer must be taken according to 
218.10  subdivision 4. 
218.11     Subd. 4.  [PLACE OF FORMAL STATEMENT.] The formal statement 
218.12  must be taken at a facility of the employing or investigating 
218.13  agency or at a place agreed to by the investigating individual 
218.14  and the investigated officer. 
218.15     Subd. 5.  [ADMISSIONS.] Before an officer's formal 
218.16  statement is taken, the officer shall be advised in writing or 
218.17  on the record that admissions made in the course of the formal 
218.18  statement may be used as evidence of misconduct or as a basis 
218.19  for discipline. 
218.20     Subd. 6.  [DISCLOSURE OF FINANCIAL RECORDS.] No employer 
218.21  may require an officer to produce or disclose the officer's 
218.22  personal financial records except pursuant to a valid search 
218.23  warrant or subpoena. 
218.24     Subd. 7.  [RELEASE OF PHOTOGRAPHS.] No state or local 
218.25  correctional facility or governmental unit may publicly release 
218.26  photographs of an officer without the written permission of the 
218.27  officer, except that the facility or unit may display a 
218.28  photograph of an officer to a prospective witness as part of an 
218.29  agency or unit investigation. 
218.30     Subd. 8.  [DISCIPLINARY LETTER.] No disciplinary letter or 
218.31  reprimand may be included in an officer's personnel record 
218.32  unless the officer has been given a copy of the letter or 
218.33  reprimand. 
218.34     Subd. 9.  [RETALIATORY ACTION PROHIBITED.] No officer may 
218.35  be discharged, disciplined, or threatened with discharge or 
218.36  discipline as retaliation for or solely by reason of the 
219.1   officer's exercise of the rights provided by this section. 
219.2      Subd. 10.  [RIGHTS NOT REDUCED.] The rights of officers 
219.3   provided by this section are in addition to and do not diminish 
219.4   the rights and privileges of officers that are provided under an 
219.5   applicable collective bargaining agreement or any other 
219.6   applicable law. 
219.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
219.8      Sec. 2.  [243.051] [COMMUNITY REINTEGRATION; PLACEMENT OF 
219.9   CERTAIN OFFENDERS WITH LESS THAN 180 DAYS TO SERVE.] 
219.10     The commissioner of corrections, with the concurrence of 
219.11  the local corrections director, may place an offender who is 
219.12  committed to the custody and care of the commissioner and who 
219.13  has less than 180 days remaining in the offender's term of 
219.14  imprisonment at the county jail, regional jail, or local 
219.15  correctional facility in the jurisdiction where the offender 
219.16  plans to reside while on supervised release in order to prepare 
219.17  the offender for reintegration into the community.  The 
219.18  commissioner must pay a county that incarcerates an offender 
219.19  under this section a per diem equal to the amount paid to 
219.20  counties by the commissioner to house offenders confined in 
219.21  state correctional facilities for whom the commissioner has 
219.22  insufficient beds. 
219.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
219.24     Sec. 3.  Minnesota Statutes 2004, section 243.1606, 
219.25  subdivision 1, is amended to read: 
219.26     Subdivision 1.  [MEMBERSHIP.] The Advisory Council on 
219.27  Interstate Adult Offender Supervision consists of the following 
219.28  individuals or their designees: 
219.29     (1) the governor; 
219.30     (2) the chief justice of the Supreme Court; 
219.31     (3) two senators, one from the majority and the other from 
219.32  the minority party, selected by the Subcommittee on Committees 
219.33  of the senate Committee on Rules and Administration; 
219.34     (4) two representatives, one from the majority and the 
219.35  other from the minority party, selected by the house speaker; 
219.36     (5) the compact administrator, selected as provided in 
220.1   section 243.1607; and 
220.2      (6) the executive director of the Center for Crime Victim 
220.3   Services; and 
220.4      (7) other members as appointed by the commissioner of 
220.5   corrections. 
220.6      The council may elect a chair from among its members. 
220.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
220.8      Sec. 4.  Minnesota Statutes 2004, section 243.24, 
220.9   subdivision 2, is amended to read: 
220.10     Subd. 2.  [CHIEF EXECUTIVE OFFICER TO INCREASE FUND TO 
220.11  $100.] If the fund standing to the credit of the prisoner on the 
220.12  prisoner's leaving the facility by discharge, supervised 
220.13  release, or on parole be less than $100, the warden or chief 
220.14  executive officer is directed to pay out of the current expense 
220.15  fund of the facility sufficient funds to make the total of said 
220.16  earnings the sum of $100.  Offenders who have previously 
220.17  received the $100 upon their initial release from incarceration 
220.18  will not receive the $100 on any second or subsequent release 
220.19  from incarceration for that offense.  Offenders who were 
220.20  sentenced as short-term offenders under section 609.105 shall 
220.21  not receive gate money. 
220.22     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
220.23     Sec. 5.  Minnesota Statutes 2004, section 244.18, 
220.24  subdivision 2, is amended to read: 
220.25     Subd. 2.  [LOCAL CORRECTIONAL FEES.] A local correctional 
220.26  agency may establish a schedule of local correctional fees to 
220.27  charge persons convicted of a crime and under the supervision 
220.28  and control of the local correctional agency to defray costs 
220.29  associated with correctional services.  The local correctional 
220.30  fees on the schedule must be reasonably related to defendants' 
220.31  abilities to pay and the actual cost of correctional services. 
220.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
220.33     Sec. 6.  Minnesota Statutes 2004, section 609.531, 
220.34  subdivision 1, is amended to read: 
220.35     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
220.36  609.531 to 609.5318, the following terms have the meanings given 
221.1   them.  
221.2      (a) "Conveyance device" means a device used for 
221.3   transportation and includes, but is not limited to, a motor 
221.4   vehicle, trailer, snowmobile, airplane, and vessel and any 
221.5   equipment attached to it.  The term "conveyance device" does not 
221.6   include property which is, in fact, itself stolen or taken in 
221.7   violation of the law.  
221.8      (b) "Weapon used" means a dangerous weapon as defined under 
221.9   section 609.02, subdivision 6, that the actor used or had in 
221.10  possession in furtherance of a crime.  
221.11     (c) "Property" means property as defined in section 609.52, 
221.12  subdivision 1, clause (1).  
221.13     (d) "Contraband" means property which is illegal to possess 
221.14  under Minnesota law.  
221.15     (e) "Appropriate agency" means the Bureau of Criminal 
221.16  Apprehension, the Minnesota Division of Driver and Vehicle 
221.17  Services, the Minnesota State Patrol, a county sheriff's 
221.18  department, the Suburban Hennepin Regional Park District park 
221.19  rangers, the Department of Natural Resources Division of 
221.20  Enforcement, the University of Minnesota Police Department, the 
221.21  Department of Corrections' Fugitive Apprehension Unit, or a city 
221.22  or airport police department.  
221.23     (f) "Designated offense" includes:  
221.24     (1) for weapons used:  any violation of this chapter, 
221.25  chapter 152, or chapter 624; 
221.26     (2) for driver's license or identification card 
221.27  transactions:  any violation of section 171.22; and 
221.28     (3) for all other purposes:  a felony violation of, or a 
221.29  felony-level attempt or conspiracy to violate, section 325E.17; 
221.30  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
221.31  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
221.32  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
221.33  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
221.34  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
221.35  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
221.36  609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
222.1   609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
222.2   609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
222.3   12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
222.4   609.895; 617.246; or a gross misdemeanor or felony violation of 
222.5   section 609.891 or 624.7181; or any violation of section 609.324.
222.6      (g) "Controlled substance" has the meaning given in section 
222.7   152.01, subdivision 4. 
222.8      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
222.9      Sec. 7.  Minnesota Statutes 2004, section 609.5311, 
222.10  subdivision 2, is amended to read: 
222.11     Subd. 2.  [ASSOCIATED PROPERTY.] (a) All property, real and 
222.12  personal, that has been used, or is intended for use, or has in 
222.13  any way facilitated, in whole or in part, the manufacturing, 
222.14  compounding, processing, delivering, importing, cultivating, 
222.15  exporting, transporting, or exchanging of contraband or a 
222.16  controlled substance that has not been lawfully manufactured, 
222.17  distributed, dispensed, and acquired is subject to forfeiture 
222.18  under this section, except as provided in subdivision 3. 
222.19     (b) The Department of Corrections' Fugitive Apprehension 
222.20  Unit shall not seize real property for the purposes of 
222.21  forfeiture under paragraph (a). 
222.22     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
222.23     Sec. 8.  Minnesota Statutes 2004, section 609.5311, 
222.24  subdivision 3, is amended to read: 
222.25     Subd. 3.  [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY 
222.26  ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device 
222.27  is subject to forfeiture under this section only if the retail 
222.28  value of the controlled substance is $25 or more and the 
222.29  conveyance device is associated with a felony-level controlled 
222.30  substance crime. 
222.31     (b) Real property is subject to forfeiture under this 
222.32  section only if the retail value of the controlled substance or 
222.33  contraband is $1,000 or more. 
222.34     (c) Property used by any person as a common carrier in the 
222.35  transaction of business as a common carrier is subject to 
222.36  forfeiture under this section only if the owner of the property 
223.1   is a consenting party to, or is privy to, the use or intended 
223.2   use of the property as described in subdivision 2. 
223.3      (d) Property is subject to forfeiture under this section 
223.4   only if its owner was privy to the use or intended use described 
223.5   in subdivision 2, or the unlawful use or intended use of the 
223.6   property otherwise occurred with the owner's knowledge or 
223.7   consent. 
223.8      (e) Forfeiture under this section of a conveyance device or 
223.9   real property encumbered by a bona fide security interest is 
223.10  subject to the interest of the secured party unless the secured 
223.11  party had knowledge of or consented to the act or omission upon 
223.12  which the forfeiture is based.  A person claiming a security 
223.13  interest bears the burden of establishing that interest by clear 
223.14  and convincing evidence.  
223.15     (f) Forfeiture under this section of real property is 
223.16  subject to the interests of a good faith purchaser for value 
223.17  unless the purchaser had knowledge of or consented to the act or 
223.18  omission upon which the forfeiture is based. 
223.19     (g) Notwithstanding paragraphs (d), (e), and (f), property 
223.20  is not subject to forfeiture based solely on the owner's or 
223.21  secured party's knowledge of the unlawful use or intended use of 
223.22  the property if:  (1) the owner or secured party took reasonable 
223.23  steps to terminate use of the property by the offender; or (2) 
223.24  the property is real property owned by the parent of the 
223.25  offender, unless the parent actively participated in, or 
223.26  knowingly acquiesced to, a violation of chapter 152, or the real 
223.27  property constitutes proceeds derived from or traceable to a use 
223.28  described in subdivision 2. 
223.29     (h) The Department of Corrections' Fugitive Apprehension 
223.30  Unit shall not seize a conveyance devise, to include motor 
223.31  vehicles or real property, for the purposes of forfeiture under 
223.32  paragraphs (a) to (g). 
223.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
223.34     Sec. 9.  Minnesota Statutes 2004, section 609.5312, 
223.35  subdivision 1, is amended to read: 
223.36     Subdivision 1.  [PROPERTY SUBJECT TO FORFEITURE.] (a) All 
224.1   personal property is subject to forfeiture if it was used or 
224.2   intended for use to commit or facilitate the commission of a 
224.3   designated offense.  All money and other property, real and 
224.4   personal, that represent proceeds of a designated offense, and 
224.5   all contraband property, are subject to forfeiture, except as 
224.6   provided in this section. 
224.7      (b) The Department of Corrections' Fugitive Apprehension 
224.8   Unit shall not seize real property for the purposes of 
224.9   forfeiture under paragraph (a). 
224.10     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
224.11     Sec. 10.  Minnesota Statutes 2004, section 609.5312, 
224.12  subdivision 3, is amended to read: 
224.13     Subd. 3.  [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 
224.14  (a) A motor vehicle is subject to forfeiture under this 
224.15  subdivision if it was used to commit or facilitate, or used 
224.16  during the commission of, a violation of section 609.324 or a 
224.17  violation of a local ordinance substantially similar to section 
224.18  609.324.  A motor vehicle is subject to forfeiture under this 
224.19  subdivision only if the offense is established by proof of a 
224.20  criminal conviction for the offense.  Except as otherwise 
224.21  provided in this subdivision, a forfeiture under this 
224.22  subdivision is governed by sections 609.531, 609.5312, and 
224.23  609.5313. 
224.24     (b) When a motor vehicle subject to forfeiture under this 
224.25  subdivision is seized in advance of a judicial forfeiture order, 
224.26  a hearing before a judge or referee must be held within 96 hours 
224.27  of the seizure.  Notice of the hearing must be given to the 
224.28  registered owner within 48 hours of the seizure.  The 
224.29  prosecuting authority shall certify to the court, at or in 
224.30  advance of the hearing, that it has filed or intends to file 
224.31  charges against the alleged violator for violating section 
224.32  609.324 or a local ordinance substantially similar to section 
224.33  609.324.  After conducting the hearing, the court shall order 
224.34  that the motor vehicle be returned to the owner if:  
224.35     (1) the prosecutor has failed to make the certification 
224.36  required by paragraph (b); 
225.1      (2) the owner of the motor vehicle has demonstrated to the 
225.2   court's satisfaction that the owner has a defense to the 
225.3   forfeiture, including but not limited to the defenses contained 
225.4   in subdivision 2; or 
225.5      (3) the court determines that seizure of the vehicle 
225.6   creates or would create an undue hardship for members of the 
225.7   owner's family. 
225.8      (c) If the defendant is acquitted or prostitution charges 
225.9   against the defendant are dismissed, neither the owner nor the 
225.10  defendant is responsible for paying any costs associated with 
225.11  the seizure or storage of the vehicle. 
225.12     (d) A vehicle leased or rented under section 168.27, 
225.13  subdivision 4, for a period of 180 days or less is not subject 
225.14  to forfeiture under this subdivision. 
225.15     (e) For purposes of this subdivision, seizure occurs either:
225.16     (1) at the date at which personal service of process upon 
225.17  the registered owner is made; or 
225.18     (2) at the date when the registered owner has been notified 
225.19  by certified mail at the address listed in the Minnesota 
225.20  Department of Public Safety computerized motor vehicle 
225.21  registration records. 
225.22     (f) The Department of Corrections' Fugitive Apprehension 
225.23  Unit shall not participate in paragraphs (a) to (e). 
225.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
225.25     Sec. 11.  Minnesota Statutes 2004, section 609.5312, 
225.26  subdivision 4, is amended to read: 
225.27     Subd. 4.  [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 
225.28  (a) A motor vehicle is subject to forfeiture under this 
225.29  subdivision if it was used to commit a violation of section 
225.30  609.487 and endanger life or property.  A motor vehicle is 
225.31  subject to forfeiture under this subdivision only if the offense 
225.32  is established by proof of a criminal conviction for the 
225.33  offense.  Except as otherwise provided in this subdivision, a 
225.34  forfeiture under this subdivision is governed by sections 
225.35  609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 
225.36     (b) When a motor vehicle subject to forfeiture under this 
226.1   subdivision is seized in advance of a judicial forfeiture order, 
226.2   a hearing before a judge or referee must be held within 96 hours 
226.3   of the seizure.  Notice of the hearing must be given to the 
226.4   registered owner within 48 hours of the seizure.  The 
226.5   prosecuting authority shall certify to the court, at or in 
226.6   advance of the hearing, that it has filed or intends to file 
226.7   charges against the alleged violator for violating section 
226.8   609.487.  After conducting the hearing, the court shall order 
226.9   that the motor vehicle be returned to the owner if:  
226.10     (1) the prosecutor has failed to make the certification 
226.11  required by this paragraph; 
226.12     (2) the owner of the motor vehicle has demonstrated to the 
226.13  court's satisfaction that the owner has a defense to the 
226.14  forfeiture, including but not limited to the defenses contained 
226.15  in subdivision 2; or 
226.16     (3) the court determines that seizure of the vehicle 
226.17  creates or would create an undue hardship for members of the 
226.18  owner's family. 
226.19     (c) If the defendant is acquitted or the charges against 
226.20  the defendant are dismissed, neither the owner nor the defendant 
226.21  is responsible for paying any costs associated with the seizure 
226.22  or storage of the vehicle. 
226.23     (d) A vehicle leased or rented under section 168.27, 
226.24  subdivision 4, for a period of 180 days or less is not subject 
226.25  to forfeiture under this subdivision. 
226.26     (e) A motor vehicle that is an off-road recreational 
226.27  vehicle as defined in section 169A.03, subdivision 16, or a 
226.28  motorboat as defined in section 169A.03, subdivision 13, is not 
226.29  subject to paragraph (b). 
226.30     (f) For purposes of this subdivision, seizure occurs either:
226.31     (1) at the date at which personal service of process upon 
226.32  the registered owner is made; or 
226.33     (2) at the date when the registered owner has been notified 
226.34  by certified mail at the address listed in the Minnesota 
226.35  Department of Public Safety computerized motor vehicle 
226.36  registration records.  
227.1      (g) The Department of Corrections' Fugitive Apprehension 
227.2   Unit shall not seize a motor vehicle for the purposes of 
227.3   forfeiture under paragraphs (a) to (f). 
227.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
227.5      Sec. 12.  Minnesota Statutes 2004, section 609.5314, 
227.6   subdivision 1, is amended to read: 
227.7      Subdivision 1.  [PROPERTY SUBJECT TO ADMINISTRATIVE 
227.8   FORFEITURE; PRESUMPTION.] (a) The following are presumed to be 
227.9   subject to administrative forfeiture under this section: 
227.10     (1) all money, precious metals, and precious stones found 
227.11  in proximity to: 
227.12     (i) controlled substances; 
227.13     (ii) forfeitable drug manufacturing or distributing 
227.14  equipment or devices; or 
227.15     (iii) forfeitable records of manufacture or distribution of 
227.16  controlled substances; 
227.17     (2) all conveyance devices containing controlled substances 
227.18  with a retail value of $100 or more if possession or sale of the 
227.19  controlled substance would be a felony under chapter 152; and 
227.20     (3) all firearms, ammunition, and firearm accessories found:
227.21     (i) in a conveyance device used or intended for use to 
227.22  commit or facilitate the commission of a felony offense 
227.23  involving a controlled substance; 
227.24     (ii) on or in proximity to a person from whom a felony 
227.25  amount of controlled substance is seized; or 
227.26     (iii) on the premises where a controlled substance is 
227.27  seized and in proximity to the controlled substance, if 
227.28  possession or sale of the controlled substance would be a felony 
227.29  under chapter 152. 
227.30     (4) The Department of Corrections' Fugitive Apprehension 
227.31  Unit shall not seize items listed in clauses (2) and (3) for the 
227.32  purposes of forfeiture. 
227.33     (b) A claimant of the property bears the burden to rebut 
227.34  this presumption. 
227.35     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
227.36     Sec. 13.  Minnesota Statutes 2004, section 609.5317, 
228.1   subdivision 1, is amended to read: 
228.2      Subdivision 1.  [RENTAL PROPERTY.] (a) When contraband or a 
228.3   controlled substance manufactured, distributed, or acquired in 
228.4   violation of chapter 152 is seized on residential rental 
228.5   property incident to a lawful search or arrest, the county 
228.6   attorney shall give the notice required by this subdivision to 
228.7   (1) the landlord of the property or the fee owner identified in 
228.8   the records of the county assessor, and (2) the agent authorized 
228.9   by the owner to accept service pursuant to section 504B.181.  
228.10  The notice is not required during an ongoing investigation.  The 
228.11  notice shall state what has been seized and specify the 
228.12  applicable duties and penalties under this subdivision.  The 
228.13  notice shall state that the landlord who chooses to assign the 
228.14  right to bring an eviction action retains all rights and duties, 
228.15  including removal of a tenant's personal property following 
228.16  issuance of the writ of restitution and delivery of the writ to 
228.17  the sheriff for execution.  The notice shall also state that the 
228.18  landlord may contact the county attorney if threatened by the 
228.19  tenant.  Notice shall be sent by certified letter, return 
228.20  receipt requested, within 30 days of the seizure.  If receipt is 
228.21  not returned, notice shall be given in the manner provided by 
228.22  law for service of summons in a civil action. 
228.23     (b) Within 15 days after notice of the first occurrence, 
228.24  the landlord shall bring, or assign to the county attorney of 
228.25  the county in which the real property is located, the right to 
228.26  bring an eviction action against the tenant.  The assignment 
228.27  must be in writing on a form prepared by the county attorney.  
228.28  Should the landlord choose to assign the right to bring an 
228.29  eviction action, the assignment shall be limited to those rights 
228.30  and duties up to and including delivery of the writ of 
228.31  restitution to the sheriff for execution. 
228.32     (c) Upon notice of a second occurrence on any residential 
228.33  rental property owned by the same landlord in the same county 
228.34  and involving the same tenant, and within one year after notice 
228.35  of the first occurrence, the property is subject to forfeiture 
228.36  under sections 609.531, 609.5311, 609.5313, and 609.5315, unless 
229.1   an eviction action has been commenced as provided in paragraph 
229.2   (b) or the right to bring an eviction action was assigned to the 
229.3   county attorney as provided in paragraph (b).  If the right has 
229.4   been assigned and not previously exercised, or if the county 
229.5   attorney requests an assignment and the landlord makes an 
229.6   assignment, the county attorney may bring an eviction action 
229.7   rather than an action for forfeiture. 
229.8      (d) The Department of Corrections' Fugitive Apprehension 
229.9   Unit shall not seize real property for the purposes of 
229.10  forfeiture as described in paragraphs (a) to (c). 
229.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
229.12     Sec. 14.  Minnesota Statutes 2004, section 609.5318, 
229.13  subdivision 1, is amended to read: 
229.14     Subdivision 1.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] (a) 
229.15  A motor vehicle is subject to forfeiture under this section if 
229.16  the prosecutor establishes by clear and convincing evidence that 
229.17  the vehicle was used in a violation of section 609.66, 
229.18  subdivision 1e.  The prosecutor need not establish that any 
229.19  individual was convicted of the violation, but a conviction of 
229.20  the owner for a violation of section 609.66, subdivision 1e, 
229.21  creates a presumption that the vehicle was used in the violation.
229.22     (b) The Department of Corrections' Fugitive Apprehension 
229.23  Unit shall not seize a motor vehicle for the purposes of 
229.24  forfeiture under paragraph (a). 
229.25     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
229.26     Sec. 15.  Minnesota Statutes 2004, section 631.425, 
229.27  subdivision 4, is amended to read: 
229.28     Subd. 4.  [CONFINEMENT WHEN NOT EMPLOYED.] Unless the court 
229.29  otherwise directs, the sheriff or local correctional agency may 
229.30  electronically monitor or confine in jail each inmate must be 
229.31  confined in jail during the time the inmate is not employed, or, 
229.32  if the inmate is employed, between the times of employment.  The 
229.33  sheriff may not electronically monitor an offender who is 
229.34  sentenced for domestic assault under section 609.2242, unless 
229.35  the court directs otherwise.  The sheriff may assess the cost of 
229.36  electronic monitoring on the offender.  
230.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
230.2      Sec. 16.  Minnesota Statutes 2004, section 641.21, is 
230.3   amended to read: 
230.4      641.21 [JAIL, ADVICE AS TO CONSTRUCTION.] 
230.5      When any county board determines to purchase, lease or 
230.6   erect a new jail, or to repair an existing one at an expense of 
230.7   more than $5,000 $15,000, it shall pass a resolution to that 
230.8   effect, and transmit a copy thereof to the commissioner of 
230.9   corrections, who, within 30 days thereafter, shall transmit to 
230.10  that county board the advice and suggestions in reference to the 
230.11  purchase, lease or construction thereof as the commissioner 
230.12  deems proper. 
230.13     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
230.14     Sec. 17.  [REPEALER.] 
230.15     Minnesota Statutes 2004, section 243.162, is repealed. 
230.16     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
230.17                             ARTICLE 14
230.18                     COURTS AND PUBLIC DEFENDER
230.19     Section 1.  Minnesota Statutes 2004, section 2.722, 
230.20  subdivision 1, is amended to read: 
230.21     Subdivision 1.  [DESCRIPTION.] Effective July 1, 1959, the 
230.22  state is divided into ten judicial districts composed of the 
230.23  following named counties, respectively, in each of which 
230.24  districts judges shall be chosen as hereinafter specified: 
230.25     1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 
230.26  Sibley; 33 35 judges; and four permanent chambers shall be 
230.27  maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 
230.28  other shall be maintained at the place designated by the chief 
230.29  judge of the district; 
230.30     2.  Ramsey; 26 judges; 
230.31     3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 
230.32  Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent 
230.33  chambers shall be maintained in Faribault, Albert Lea, Austin, 
230.34  Rochester, and Winona; 
230.35     4.  Hennepin; 60 judges; 
230.36     5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 
231.1   Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 
231.2   Martin, and Jackson; 16 judges; and permanent chambers shall be 
231.3   maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; 
231.4      6.  Carlton, St. Louis, Lake, and Cook; 15 judges; 
231.5      7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 
231.6   Stearns, Todd, Clay, Becker, and Wadena; 25 28 judges; and 
231.7   permanent chambers shall be maintained in Moorhead, Fergus 
231.8   Falls, Little Falls, and St. Cloud; 
231.9      8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 
231.10  Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 
231.11  Traverse, and Wilkin; 11 judges; and permanent chambers shall be 
231.12  maintained in Morris, Montevideo, and Willmar; 
231.13     9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 
231.14  Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 
231.15  Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 
231.16  22 23 judges; and permanent chambers shall be maintained in 
231.17  Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 
231.18  and International Falls; and 
231.19     10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 
231.20  Chisago, and Washington; 41 44 judges; and permanent chambers 
231.21  shall be maintained in Anoka, Stillwater, and other places 
231.22  designated by the chief judge of the district. 
231.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
231.24     Sec. 2.  Minnesota Statutes 2004, section 357.021, 
231.25  subdivision 6, is amended to read: 
231.26     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
231.27  (a) The court shall impose and the court administrator shall 
231.28  collect a $60 $70 surcharge on every person convicted of any 
231.29  felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
231.30  offense, other than a violation of a law or ordinance relating 
231.31  to vehicle parking, for which there shall be a $3 $4 surcharge.  
231.32  In the Second Judicial District, the court shall impose, and the 
231.33  court administrator shall collect, an additional $1 surcharge on 
231.34  every person convicted of any felony, gross misdemeanor, 
231.35  misdemeanor, or petty misdemeanor offense, other than including 
231.36  a violation of a law or ordinance relating to vehicle parking, 
232.1   if the Ramsey County Board of Commissioners authorizes the $1 
232.2   surcharge.  The surcharge shall be imposed whether or not the 
232.3   person is sentenced to imprisonment or the sentence is stayed.  
232.4      (b) If the court fails to impose a surcharge as required by 
232.5   this subdivision, the court administrator shall show the 
232.6   imposition of the surcharge, collect the surcharge and correct 
232.7   the record. 
232.8      (c) The court may not waive payment of the surcharge 
232.9   required under this subdivision.  Upon a showing of indigency or 
232.10  undue hardship upon the convicted person or the convicted 
232.11  person's immediate family, the sentencing court may authorize 
232.12  payment of the surcharge in installments. 
232.13     (d) The court administrator or other entity collecting a 
232.14  surcharge shall forward it to the commissioner of finance. 
232.15     (e) If the convicted person is sentenced to imprisonment 
232.16  and has not paid the surcharge before the term of imprisonment 
232.17  begins, the chief executive officer of the correctional facility 
232.18  in which the convicted person is incarcerated shall collect the 
232.19  surcharge from any earnings the inmate accrues from work 
232.20  performed in the facility or while on conditional release.  The 
232.21  chief executive officer shall forward the amount collected to 
232.22  the commissioner of finance. 
232.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
232.24     Sec. 3.  Minnesota Statutes 2004, section 357.021, 
232.25  subdivision 7, is amended to read: 
232.26     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF 
232.27  FINANCE.] (a) Except as provided in paragraphs (b), (c), and 
232.28  (d), the commissioner of finance shall disburse surcharges 
232.29  received under subdivision 6 and section 97A.065, subdivision 2, 
232.30  as follows: 
232.31     (1) one percent shall be credited to the game and fish fund 
232.32  to provide peace officer training for employees of the 
232.33  Department of Natural Resources who are licensed under sections 
232.34  626.84 to 626.863, and who possess peace officer authority for 
232.35  the purpose of enforcing game and fish laws; 
232.36     (2) 39 percent shall be credited to the peace officers 
233.1   training account in the special revenue fund; and 
233.2      (3) 60 percent shall be credited to the general fund.  
233.3      (b) The commissioner of finance shall credit $3 of each 
233.4   surcharge received under subdivision 6 and section 97A.065, 
233.5   subdivision 2, to the general fund. 
233.6      (c) In addition to any amounts credited under paragraph 
233.7   (a), the commissioner of finance shall credit $32 $42 of each 
233.8   surcharge received under subdivision 6 and section 97A.065, 
233.9   subdivision 2, and the $3 parking surcharge, to the general fund.
233.10     (d) If the Ramsey County Board of Commissioners authorizes 
233.11  imposition of the additional $1 surcharge provided for in 
233.12  subdivision 6, paragraph (a), the court administrator in the 
233.13  Second Judicial District shall withhold $1 from each surcharge 
233.14  collected under subdivision 6.  The court administrator must use 
233.15  the withheld funds solely to fund the petty misdemeanor 
233.16  diversion program administered by the Ramsey County Violations 
233.17  Bureau.  The court administrator must transfer any unencumbered 
233.18  portion of the funds received under this subdivision to the 
233.19  commissioner of finance for distribution according to paragraphs 
233.20  (a) to (c) transmit the surcharge to the commissioner of finance.
233.21  The $1 special surcharge is deposited in a Ramsey County 
233.22  surcharge account in the special revenue fund and amounts in the 
233.23  account are appropriated to the trial courts for the 
233.24  administration of the petty misdemeanor diversion program 
233.25  operated by the Second Judicial District Ramsey County 
233.26  Violations Bureau. 
233.27     <b>[EFFECTIVE DATE.]</b> The change to paragraph (c) is effective 
233.28  July 1, 2005.  The changes to paragraph (d) are effective either 
233.29  the day after the governing body of Ramsey County authorizes 
233.30  imposition of the surcharge, or July 1, 2005, whichever is the 
233.31  later date, and applies to convictions on or after that date. 
233.32     Sec. 4.  Minnesota Statutes 2004, section 357.18, 
233.33  subdivision 3, is amended to read: 
233.34     Subd. 3.  [SURCHARGE.] In addition to the fees imposed in 
233.35  subdivision 1, a $4.50 $8.50 surcharge shall be collected:  on 
233.36  each fee charged under subdivision 1, clauses (1) and (6), and 
234.1   for each abstract certificate under subdivision 1, clause (4).  
234.2   Fifty cents of each surcharge shall be retained by the county to 
234.3   cover its administrative costs and $4 $8 shall be paid to the 
234.4   state treasury and credited to the general fund. 
234.5      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
234.6      Sec. 5.  Minnesota Statutes 2004, section 508.82, 
234.7   subdivision 1, is amended to read: 
234.8      Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
234.9   to the registrar shall be as follows: 
234.10     (1) of the fees provided herein, five percent of the fees 
234.11  collected under clauses (3), (5), (11), (13), (14), (16), and 
234.12  (17), for filing or memorializing shall be paid to the 
234.13  commissioner of finance and credited to the general fund; plus a 
234.14  $4.50 $8.50 surcharge shall be charged and collected in addition 
234.15  to the total fees charged for each transaction under clauses 
234.16  (2), (3), (5), (11), (13), (14), (16), and (17), with 50 cents 
234.17  of this surcharge to be retained by the county to cover its 
234.18  administrative costs, and $4 $8 to be paid to the state treasury 
234.19  and credited to the general fund; 
234.20     (2) for registering a first certificate of title, including 
234.21  issuing a copy of it, $30; 
234.22     (3) for registering each instrument transferring the fee 
234.23  simple title for which a new certificate of title is issued and 
234.24  for the registration of the new certificate of title, including 
234.25  a copy of it, $30; 
234.26     (4) for issuance of a CECT pursuant to section 508.351, 
234.27  $15; 
234.28     (5) for the entry of each memorial on a certificate, $15; 
234.29     (6) for issuing each residue certificate, $20; 
234.30     (7) for exchange certificates, $10 for each certificate 
234.31  canceled and $10 for each new certificate issued; 
234.32     (8) for each certificate showing condition of the register, 
234.33  $10; 
234.34     (9) for any certified copy of any instrument or writing on 
234.35  file in the registrar's office, the same fees allowed by law to 
234.36  county recorders for like services; 
235.1      (10) for a noncertified copy of any certificate of title, 
235.2   other than the copies issued under clauses (2) and (3), any 
235.3   instrument or writing on file in the office of the registrar of 
235.4   titles, or any specified page or part of it, an amount as 
235.5   determined by the county board for each page or fraction of a 
235.6   page specified.  If computer or microfilm printers are used to 
235.7   reproduce the instrument or writing, a like amount per image; 
235.8      (11) for filing two copies of any plat in the office of the 
235.9   registrar, $30; 
235.10     (12) for any other service under this chapter, such fee as 
235.11  the court shall determine; 
235.12     (13) for filing an amendment to a declaration in accordance 
235.13  with chapter 515, $10 for each certificate upon which the 
235.14  document is registered and $30 for an amended floor plan filed 
235.15  in accordance with chapter 515; 
235.16     (14) for filing an amendment to a common interest community 
235.17  declaration and plat or amendment complying with section 
235.18  515B.2-110, subsection (c), $10 for each certificate upon which 
235.19  the document is registered and $30 for the filing of the 
235.20  condominium or common interest community plat or amendment; 
235.21     (15) for a copy of a condominium floor plan filed in 
235.22  accordance with chapter 515, or a copy of a common interest 
235.23  community plat complying with section 515B.2-110, subsection 
235.24  (c), the fee shall be $1 for each page of the floor plan or 
235.25  common interest community plat with a minimum fee of $10; 
235.26     (16) for the filing of a certified copy of a plat of the 
235.27  survey pursuant to section 508.23 or 508.671, $10; 
235.28     (17) for filing a registered land survey in triplicate in 
235.29  accordance with section 508.47, subdivision 4, $30; and 
235.30     (18) for furnishing a certified copy of a registered land 
235.31  survey in accordance with section 508.47, subdivision 4, $10. 
235.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
235.33     Sec. 6.  Minnesota Statutes 2004, section 508A.82, 
235.34  subdivision 1, is amended to read: 
235.35     Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
235.36  to the registrar shall be as follows:  
236.1      (1) of the fees provided herein, five percent of the fees 
236.2   collected under clauses (3), (5), (11), (13), (14), and (17), 
236.3   for filing or memorializing shall be paid to the commissioner of 
236.4   finance and credited to the general fund; plus a $4.50 $8.50 
236.5   surcharge shall be charged and collected in addition to the 
236.6   total fees charged for each transaction under clauses (2), (3), 
236.7   (5), (11), (13), (14), and (17), with 50 cents of this surcharge 
236.8   to be retained by the county to cover its administrative costs, 
236.9   and $4 $8 to be paid to the state treasury and credited to the 
236.10  general fund; 
236.11     (2) for registering a first CPT, including issuing a copy 
236.12  of it, $30; 
236.13     (3) for registering each instrument transferring the fee 
236.14  simple title for which a new CPT is issued and for the 
236.15  registration of the new CPT, including a copy of it, $30; 
236.16     (4) for issuance of a CECT pursuant to section 508A.351, 
236.17  $15; 
236.18     (5) for the entry of each memorial on a CPT, $15; 
236.19     (6) for issuing each residue CPT, $20; 
236.20     (7) for exchange CPTs or combined certificates of title, 
236.21  $10 for each CPT and certificate of title canceled and $10 for 
236.22  each new CPT or combined certificate of title issued; 
236.23     (8) for each CPT showing condition of the register, $10; 
236.24     (9) for any certified copy of any instrument or writing on 
236.25  file in the registrar's office, the same fees allowed by law to 
236.26  county recorders for like services; 
236.27     (10) for a noncertified copy of any CPT, other than the 
236.28  copies issued under clauses (2) and (3), any instrument or 
236.29  writing on file in the office of the registrar of titles, or any 
236.30  specified page or part of it, an amount as determined by the 
236.31  county board for each page or fraction of a page specified.  If 
236.32  computer or microfilm printers are used to reproduce the 
236.33  instrument or writing, a like amount per image; 
236.34     (11) for filing two copies of any plat in the office of the 
236.35  registrar, $30; 
236.36     (12) for any other service under sections 508A.01 to 
237.1   508A.85, the fee the court shall determine; 
237.2      (13) for filing an amendment to a declaration in accordance 
237.3   with chapter 515, $10 for each certificate upon which the 
237.4   document is registered and $30 for an amended floor plan filed 
237.5   in accordance with chapter 515; 
237.6      (14) for filing an amendment to a common interest community 
237.7   declaration and plat or amendment complying with section 
237.8   515B.2-110, subsection (c), and issuing a CECT if required, $10 
237.9   for each certificate upon which the document is registered and 
237.10  $30 for the filing of the condominium or common interest 
237.11  community plat or amendment; 
237.12     (15) for a copy of a condominium floor plan filed in 
237.13  accordance with chapter 515, or a copy of a common interest 
237.14  community plat complying with section 515B.2-110, subsection 
237.15  (c), the fee shall be $1 for each page of the floor plan, or 
237.16  common interest community plat with a minimum fee of $10; 
237.17     (16) in counties in which the compensation of the examiner 
237.18  of titles is paid in the same manner as the compensation of 
237.19  other county employees, for each parcel of land contained in the 
237.20  application for a CPT, as the number of parcels is determined by 
237.21  the examiner, a fee which is reasonable and which reflects the 
237.22  actual cost to the county, established by the board of county 
237.23  commissioners of the county in which the land is located; 
237.24     (17) for filing a registered land survey in triplicate in 
237.25  accordance with section 508A.47, subdivision 4, $30; and 
237.26     (18) for furnishing a certified copy of a registered land 
237.27  survey in accordance with section 508A.47, subdivision 4, $10. 
237.28     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
237.29     Sec. 7.  [545A.01] [APPEAL OF PRETRIAL ORDERS; ATTORNEY 
237.30  FEES; DEFENDANT; NOT GOVERNMENT RESPONSIBILITY.] 
237.31     (a) Notwithstanding Rule 28.04, subdivision 2, clause (6), 
237.32  of the Rules of Criminal Procedure, the government unit is not 
237.33  required to pay the attorney fees and costs incurred by the 
237.34  defendant on the unit's appeal of the following: 
237.35     (1) in any case, from a pretrial order of the trial court; 
237.36     (2) in felony cases, from any sentence imposed or stayed by 
238.1   the trial court; 
238.2      (3) in any case, from an order granting postconviction 
238.3   relief; 
238.4      (4) in any case, from a judgment of acquittal by the trial 
238.5   court entered after the jury returns a verdict of guilty under 
238.6   Rule 26.03, subdivision 17, clause (2) or (3), of the Rules of 
238.7   Criminal Procedure; and 
238.8      (5) in any case, from an order of the trial court vacating 
238.9   judgment and dismissing the case made after the jury returns a 
238.10  verdict of guilty under Rule 26.04, subdivision 2, of the Rules 
238.11  of Criminal Procedure. 
238.12     (b) Paragraph (a) does not apply if the defendant is 
238.13  represented by the public defender in this matter. 
238.14     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
238.15     Sec. 8.  Minnesota Statutes 2004, section 590.01, 
238.16  subdivision 1, is amended to read: 
238.17     Subdivision 1.  [PETITION.] Except at a time when direct 
238.18  appellate relief is available, a person convicted of a crime, 
238.19  who claims that: 
238.20     (1) the conviction obtained or the sentence or other 
238.21  disposition made violated the person's rights under the 
238.22  Constitution or laws of the United States or of the state; or 
238.23     (2) scientific evidence not available at trial, obtained 
238.24  pursuant to a motion granted under subdivision 1a, establishes 
238.25  the petitioner's actual innocence; 
238.26  may commence a proceeding to secure relief by filing a petition 
238.27  in the district court in the county in which the conviction was 
238.28  had to vacate and set aside the judgment and to discharge the 
238.29  petitioner or to resentence the petitioner or grant a new trial 
238.30  or correct the sentence or make other disposition as may be 
238.31  appropriate.  A petition for postconviction relief after a 
238.32  direct appeal has been completed may not be based on grounds 
238.33  that could have been raised on direct appeal of the conviction 
238.34  or sentence.  Nothing contained herein shall prevent the Supreme 
238.35  Court or the Court of Appeals, upon application by a party, from 
238.36  granting a stay of a case on appeal for the purpose of allowing 
239.1   an appellant to apply to the district court for an evidentiary 
239.2   hearing under the provisions of this chapter.  The proceeding 
239.3   shall conform with sections 590.01 to 590.06.  
239.4      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
239.5      Sec. 9.  Minnesota Statutes 2004, section 590.01, is 
239.6   amended by adding a subdivision to read: 
239.7      Subd. 4.  [TIME LIMIT.] (a) No petition for postconviction 
239.8   relief may be filed more than two years after the later of: 
239.9      (1) the entry of judgment of conviction or sentence if no 
239.10  direct appeal is filed; or 
239.11     (2) an appellate court's disposition of petitioner's direct 
239.12  appeal. 
239.13     (b) Notwithstanding paragraph (a), a court may hear a 
239.14  petition for postconviction relief if: 
239.15     (1) the petitioner establishes that a physical disability 
239.16  or mental disease precluded a timely assertion of the claim; 
239.17     (2) the petitioner alleges the existence of newly 
239.18  discovered evidence, including scientific evidence, that could 
239.19  not have been ascertained by the exercise of due diligence by 
239.20  the petitioner or petitioner's attorney within the two-year time 
239.21  period for filing a postconviction petition, and the evidence is 
239.22  not cumulative to evidence presented at trial, is not for 
239.23  impeachment purposes, and establishes by a clear and convincing 
239.24  standard that the petitioner is innocent of the offense or 
239.25  offenses for which the petitioner was convicted; 
239.26     (3) the petitioner asserts a new interpretation of federal 
239.27  or state constitutional or statutory law by either the United 
239.28  States Supreme Court or a Minnesota appellate court and the 
239.29  petitioner establishes that this interpretation is retroactively 
239.30  applicable to the petitioner's case; 
239.31     (4) the petition is brought pursuant to subdivision 3; or 
239.32     (5) the petitioner establishes to the satisfaction of the 
239.33  court that the petition is not frivolous and is in the interests 
239.34  of justice.  
239.35     (c) Any petition invoking an exception provided in 
239.36  paragraph (b) must be filed within two years of the date the 
240.1   claim arises. 
240.2      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
240.3   Any person whose conviction became final before August 1, 2005, 
240.4   shall have two years after the effective date of this act to 
240.5   file a petition for postconviction relief. 
240.6      Sec. 10.  Minnesota Statutes 2004, section 611.14, is 
240.7   amended to read: 
240.8      611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
240.9      The following persons who are financially unable to obtain 
240.10  counsel are entitled to be represented by a public defender: 
240.11     (1) a person charged with a felony, gross misdemeanor, or 
240.12  misdemeanor including a person charged under sections 629.01 to 
240.13  629.29; 
240.14     (2) a person appealing from a conviction of a felony or 
240.15  gross misdemeanor, or a person convicted of a felony or gross 
240.16  misdemeanor, who is pursuing a postconviction proceeding and who 
240.17  has not already had a direct appeal of the conviction, but if 
240.18  the person pled guilty and received a presumptive sentence or a 
240.19  downward departure in sentence, and the state public defender 
240.20  reviewed the person's case and determined that there was no 
240.21  basis for an appeal of the conviction or of the sentence, then 
240.22  the state public defender may decline to represent the person in 
240.23  a postconviction remedy case; 
240.24     (3) a person who is entitled to be represented by counsel 
240.25  under section 609.14, subdivision 2; or 
240.26     (4) a minor ten years of age or older who is entitled to be 
240.27  represented by counsel under section 260B.163, subdivision 4, or 
240.28  260C.163, subdivision 3.  
240.29     The Board of Public Defense must not provide or pay for 
240.30  public defender services to persons other than those entitled to 
240.31  representation under this section. 
240.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
240.33     Sec. 11.  Minnesota Statutes 2004, section 611.16, is 
240.34  amended to read: 
240.35     611.16 [REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.] 
240.36     Any person described in section 611.14 or any other person 
241.1   entitled by law to representation by counsel, may at any time 
241.2   request the court in which the matter is pending, or the court 
241.3   in which the conviction occurred, to appoint a public defender 
241.4   to represent the person.  In a proceeding defined by clause (2) 
241.5   of section 611.14, application for the appointment of a public 
241.6   defender may also be made to a judge of the Supreme Court.  
241.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
241.8   and applies to crimes committed on or after that date. 
241.9      Sec. 12.  Minnesota Statutes 2004, section 611.25, 
241.10  subdivision 1, is amended to read: 
241.11     Subdivision 1.  [REPRESENTATION.] (a) The state public 
241.12  defender shall represent, without charge: 
241.13     (1) a defendant or other person appealing from a conviction 
241.14  of a felony or gross misdemeanor; 
241.15     (2) a person convicted of a felony or gross misdemeanor who 
241.16  is pursuing a postconviction proceeding and who has not already 
241.17  had a direct appeal of the conviction, but if the person pled 
241.18  guilty and received a presumptive sentence or a downward 
241.19  departure in sentence, and the state public defender reviewed 
241.20  the person's case and determined that there was no basis for an 
241.21  appeal of the conviction or of the sentence, then the state 
241.22  public defender may decline to represent the person in a 
241.23  postconviction remedy case; and 
241.24     (3) a child who is appealing from a delinquency 
241.25  adjudication or from an extended jurisdiction juvenile 
241.26  conviction. 
241.27     (b) The state public defender may represent, without 
241.28  charge, all other persons pursuing a postconviction remedy under 
241.29  section 590.01, who are financially unable to obtain counsel.  
241.30     (c) The state public defender shall represent any other 
241.31  person, who is financially unable to obtain counsel, when 
241.32  directed to do so by the Supreme Court or the Court of Appeals, 
241.33  except that The state public defender shall not represent a 
241.34  person in any action or proceeding in which a party is seeking a 
241.35  monetary judgment, recovery or award.  When requested by a 
241.36  district public defender or appointed counsel, the state public 
242.1   defender may assist the district public defender, appointed 
242.2   counsel, or an organization designated in section 611.216 in the 
242.3   performance of duties, including trial representation in matters 
242.4   involving legal conflicts of interest or other special 
242.5   circumstances, and assistance with legal research and brief 
242.6   preparation.  When the state public defender is directed by a 
242.7   court to represent a defendant or other person, the state public 
242.8   defender may assign the representation to any district public 
242.9   defender. 
242.10     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
242.11  and applies to crimes committed on or after that date. 
242.12     Sec. 13.  Minnesota Statutes 2004, section 611.272, is 
242.13  amended to read: 
242.14     611.272 [ACCESS TO GOVERNMENT DATA.] 
242.15     The district public defender, the state public defender, or 
242.16  an attorney working for a public defense corporation under 
242.17  section 611.216 has access to the criminal justice data 
242.18  communications network described in section 299C.46, as provided 
242.19  in this section.  Access to data under this section is limited 
242.20  to data regarding the public defender's own client as necessary 
242.21  to prepare criminal cases in which the public defender has been 
242.22  appointed, including as follows: 
242.23     (1) access to data about witnesses in a criminal case shall 
242.24  be limited to records of criminal convictions; and 
242.25     (2) access to data regarding the public defender's own 
242.26  client which includes, but is not limited to, criminal history 
242.27  data under section 13.87; juvenile offender data under section 
242.28  299C.095; warrant information data under section 299C.115; 
242.29  incarceration data under section 299C.14; conditional release 
242.30  data under section 299C.147; and diversion program data under 
242.31  section 299C.46, subdivision 5. 
242.32  The public defender has access to data under this section, 
242.33  whether accessed via CriMNet or other methods.  The public 
242.34  defender does not have access to law enforcement active 
242.35  investigative data under section 13.82, subdivision 7; data 
242.36  protected under section 13.82, subdivision 17; or confidential 
243.1   arrest warrant indices data under section 13.82, subdivision 19; 
243.2   or data systems maintained by a prosecuting attorney.  The 
243.3   public defender has access to the data at no charge, except for 
243.4   the monthly network access charge under section 299C.46, 
243.5   subdivision 3, paragraph (b), and a reasonable installation 
243.6   charge for a terminal.  Notwithstanding section 13.87, 
243.7   subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, 
243.8   or any other law to the contrary, there shall be no charge to 
243.9   public defenders for Internet access to the criminal justice 
243.10  data communications network. 
243.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
243.12     Sec. 14.  [611.273] [SURPLUS PROPERTY.] 
243.13     Notwithstanding the provisions of Minnesota Statutes, 
243.14  sections 15.054 and 16C.23, the Board of Public Defense, in its 
243.15  sole discretion, may provide surplus computers to its part-time 
243.16  employees for their use. 
243.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
243.18     Sec. 15.  Minnesota Statutes 2004, section 626.04, is 
243.19  amended to read: 
243.20     626.04 [PROPERTY; SEIZURE, KEEPING, AND DISPOSAL.] 
243.21     (a) When any officer seizes, with or without warrant, any 
243.22  property or thing, it shall be safely kept by direction of the 
243.23  court as long as necessary for the purpose of being produced as 
243.24  evidence on any trial.  If the owner of the property makes a 
243.25  written request to the seizing officer's agency for return of 
243.26  the property, and the property has not been returned within 48 
243.27  hours of the request, excluding Saturday, Sunday, or legal 
243.28  holidays, the person whose property has been seized may file a 
243.29  petition for the return of the property in the district court in 
243.30  the district in which the property was seized.  The court 
243.31  administrator shall provide a form for use as a petition under 
243.32  this section.  A filing fee, equal to the civil motion filing 
243.33  fee shall be required for filing the petition.  The district 
243.34  court shall send a copy of the petition to the agency acting as 
243.35  custodian of the property with at least ten days notice of a 
243.36  hearing date.  A hearing on the petition shall be held within 30 
244.1   days of filing unless good cause is shown for an extension of 
244.2   time.  The determination of the petition must be without jury 
244.3   trial and by a simple and informal procedure.  At the hearing, 
244.4   the court may receive relevant evidence on any issue of fact 
244.5   necessary to the decision on the petition without regard to 
244.6   whether the evidence would be admissible under the Minnesota 
244.7   Rules of Evidence.  The court shall allow if requested, or on 
244.8   its own motion may require, the custodian or the custodian's 
244.9   designee to summarize the status and progress of an ongoing 
244.10  investigation that led to the seizure.  Any such summary shall 
244.11  be done ex parte and only the custodian, the custodian's 
244.12  designee, and their attorneys may be present with the court and 
244.13  court staff.  The court shall seal the ex parte record.  After a 
244.14  hearing, the court shall not order the return if it finds that: 
244.15     (1) the property is being held in good faith as potential 
244.16  evidence in any matter, charged or uncharged; 
244.17     (2) the property may be subject to forfeiture proceedings; 
244.18     (3) the property is contraband or may contain contraband; 
244.19  or 
244.20     (4) the property is subject to other lawful retention.  
244.21     (b) The court shall make findings on each of these issues 
244.22  as part of its order.  If the property is ordered returned, the 
244.23  petitioner shall not be liable for any storage costs incurred 
244.24  from the date the petition was filed.  If the petition is 
244.25  denied, the court may award reasonable costs and attorney fees.  
244.26  After the trial for which the property was being held as 
244.27  potential evidence, and the expiration date for all associated 
244.28  appeals, the property or thing shall, unless otherwise subject 
244.29  to lawful detention, be returned to its owner or any other 
244.30  person entitled to possess it.  Any property or thing seized may 
244.31  be destroyed or otherwise disposed of under the direction of the 
244.32  court.  Any money found in gambling devices when seized shall be 
244.33  paid into the county treasury.  If the gambling devices are 
244.34  seized by a police officer of a municipality, the money shall be 
244.35  paid into the treasury of the municipality. 
244.36     Sec. 16.  [COLLATERAL SANCTIONS CROSS-REFERENCES; CREATION 
245.1   OF A NEW TABLE.] 
245.2      Subdivision 1.  [DEFINITIONS.] For purposes of this section:
245.3      (1) "automatically" means either by operation of law or by 
245.4   the mandated action of a designated official or agency; and 
245.5      (2) "collateral sanction" means a legal penalty, 
245.6   disability, or disadvantage, however denominated, that is 
245.7   imposed on a person automatically when that person is convicted 
245.8   of or found to have committed a crime, even if the sanction is 
245.9   not included in the sentence.  Collateral sanction does not 
245.10  include: 
245.11     (i) a direct consequence of the crime such as a criminal 
245.12  fine, restitution, or incarceration; or 
245.13     (ii) a requirement imposed by the sentencing court or other 
245.14  designated official or agency that the convicted person provide 
245.15  a biological specimen for DNA analysis, provide fingerprints, or 
245.16  submit to any form of assessment or testing. 
245.17     Subd. 2.  [REVISOR INSTRUCTION.] The revisor of statutes 
245.18  shall publish a table in Minnesota Statutes that contains 
245.19  cross-references to Minnesota laws imposing collateral 
245.20  sanctions.  The revisor shall create a structure that 
245.21  categorizes these laws in a useful way to users and provides 
245.22  them with quick access to the cross-referenced laws.  The 
245.23  revisor may consider, but is not limited to, using the following 
245.24  categories in the new table: 
245.25     (1) collateral sanctions relating to employment and 
245.26  occupational licensing; 
245.27     (2) collateral sanctions relating to driving and motor 
245.28  vehicles; 
245.29     (3) collateral sanctions relating to public safety; 
245.30     (4) collateral sanctions relating to eligibility for 
245.31  services and benefits; 
245.32     (5) collateral sanctions relating to property rights; 
245.33     (6) collateral sanctions relating to civil rights and 
245.34  remedies; and 
245.35     (7) collateral sanctions relating to recreational 
245.36  activities. 
246.1      Subd. 3.  [CAUTIONARY LANGUAGE.] The revisor shall include 
246.2   appropriate cautionary language with the table that notifies 
246.3   users of the following types of issues: 
246.4      (1) that the list of collateral sanctions laws is intended 
246.5   to be comprehensive but is not necessarily complete; 
246.6      (2) that the inclusion or exclusion of a collateral 
246.7   sanction is not intended to have any substantive legal effect; 
246.8      (3) that the cross-references used are intended solely to 
246.9   indicate the contents of the cross-referenced section or 
246.10  subdivision and are not part of the cross-referenced statute; 
246.11     (4) that the cross-references are not substantive and may 
246.12  not be used to construe or limit the meaning of any statutory 
246.13  language; and 
246.14     (5) that users must consult the language of each 
246.15  cross-referenced law to fully understand the scope and effect of 
246.16  the collateral sanction it imposes. 
246.17     Subd. 4.  [CONSULTATION WITH LEGISLATORS AND LEGISLATIVE 
246.18  STAFF.] The revisor shall consult with legislative staff and the 
246.19  chairs of the senate and house committees having jurisdiction 
246.20  over criminal justice matters to identify laws that impose 
246.21  collateral sanctions and develop the appropriate categories and 
246.22  cross-references to use in the new table. 
246.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
246.24     Sec. 17.  [RAMSEY COUNTY COURT COMMISSIONER.] 
246.25     The chief justice of the Supreme Court may assign a retired 
246.26  court commissioner to act in Ramsey County as a commissioner of 
246.27  the district court.  The commissioner may perform duties 
246.28  assigned by the chief judge of the judicial district with the 
246.29  powers provided by Minnesota Statutes, section 489.02.  This 
246.30  section expires December 31, 2025. 
246.31     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
246.32     Sec. 18.  [REPEALER.] 
246.33     Minnesota Statutes 2004, sections 611.18 and 624.04 are 
246.34  repealed. 
246.35     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
246.36                             ARTICLE 15
247.1                           CHILD PROTECTION
247.2      Section 1.  Minnesota Statutes 2004, section 259.24, 
247.3   subdivision 1, is amended to read: 
247.4      Subdivision 1.  [EXCEPTIONS.] No child shall be adopted 
247.5   without the consent of the child's parents and the child's 
247.6   guardian, if there be one, except in the following instances: 
247.7      (a) Consent shall not be required of a parent not entitled 
247.8   to notice of the proceedings.  
247.9      (b) Consent shall not be required of a parent who has 
247.10  abandoned the child, or of a parent who has lost custody of the 
247.11  child through a divorce decree or a decree of dissolution, and 
247.12  upon whom notice has been served as required by section 259.49. 
247.13     (c) Consent shall not be required of a parent whose 
247.14  parental rights to the child have been terminated by a juvenile 
247.15  court or who has lost custody of a child through a final 
247.16  commitment of the juvenile court or through a decree in a prior 
247.17  adoption proceeding. 
247.18     (d) If there be no parent or guardian qualified to consent 
247.19  to the adoption, the consent may shall be given by the 
247.20  commissioner.  After the court accepts a parent's consent to the 
247.21  adoption under section 260C.201, subdivision 11, consent by the 
247.22  commissioner or commissioner's delegate is also necessary.  
247.23  Agreement to the identified prospective adoptive parent by the 
247.24  responsible social services agency under section 260C.201, 
247.25  subdivision 11, does not constitute the required consent. 
247.26     (e) The commissioner or agency having authority to place a 
247.27  child for adoption pursuant to section 259.25, subdivision 1, 
247.28  shall have the exclusive right to consent to the adoption of 
247.29  such child.  The commissioner or agency shall make every effort 
247.30  to place siblings together for adoption.  Notwithstanding any 
247.31  rule to the contrary, the commissioner may delegate the right to 
247.32  consent to the adoption or separation of siblings, if it is in 
247.33  the child's best interest, to a local social services agency.  
247.34     Sec. 2.  Minnesota Statutes 2004, section 259.24, 
247.35  subdivision 2a, is amended to read: 
247.36     Subd. 2a.  [TIME OF CONSENT; NOTICE OF INTENT TO CONSENT TO 
248.1   ADOPTION.] (a) Not sooner than 72 hours after the birth of a 
248.2   child and not later than 60 days after the child's placement in 
248.3   a prospective adoptive home, a person whose consent is required 
248.4   under this section shall execute a consent. 
248.5      (b) Unless all birth parents from whom consent is required 
248.6   under this section are involved in making the adoptive placement 
248.7   and intend to consent to the adoption, a birth parent who 
248.8   intends to execute a consent to an adoption must give notice to 
248.9   the child's other birth parent of the intent to consent to the 
248.10  adoption prior to or within 72 hours following the placement of 
248.11  the child, if the other birth parent's consent to the adoption 
248.12  is required under subdivision 1.  The birth parent who receives 
248.13  notice shall have 60 days after the placement of the child to 
248.14  either consent or refuse to consent to the adoption.  If the 
248.15  birth parent who receives notice fails to take either of these 
248.16  actions, that parent shall be deemed to have irrevocably 
248.17  consented to the child's adoption.  The notice provisions of 
248.18  chapter 260C and the rules of juvenile protection procedure 
248.19  shall apply to both parents when the consent to adopt is 
248.20  executed under section 260C.201, subdivision 11. 
248.21     (c) When notice is required under this subdivision, it 
248.22  shall be provided to the other birth parent according to the 
248.23  Rules of Civil Procedure for service of a summons and complaint. 
248.24     Sec. 3.  Minnesota Statutes 2004, section 259.24, 
248.25  subdivision 5, is amended to read: 
248.26     Subd. 5.  [EXECUTION.] All consents to an adoption shall be 
248.27  in writing, executed before two competent witnesses, and 
248.28  acknowledged by the consenting party.  In addition, all consents 
248.29  to an adoption, except those by the commissioner, the 
248.30  commissioner's agent, a licensed child-placing agency, an adult 
248.31  adoptee, or the child's parent in a petition for adoption by a 
248.32  stepparent, shall be executed before a representative of the 
248.33  commissioner, the commissioner's agent, or a licensed 
248.34  child-placing agency.  All consents by a parent: 
248.35     (1) shall contain notice to the parent of the substance of 
248.36  subdivision 6a, providing for the right to withdraw 
249.1   consent unless the parent will not have the right to withdraw 
249.2   consent because consent was executed under section 260C.201, 
249.3   subdivision 11, following proper notice that consent given under 
249.4   that provision is irrevocable upon acceptance by the court as 
249.5   provided in subdivision 6a; and 
249.6      (2) shall contain the following written notice in all 
249.7   capital letters at least one-eighth inch high: 
249.8      "This agency will submit your consent to adoption to the 
249.9   court.  The consent itself does not terminate your parental 
249.10  rights.  Parental rights to a child may be terminated only by an 
249.11  adoption decree or by a court order terminating parental 
249.12  rights.  Unless the child is adopted or your parental rights are 
249.13  terminated, you may be asked to support the child."  
249.14     Consents shall be filed in the adoption proceedings at any 
249.15  time before the matter is heard provided, however, that a 
249.16  consent executed and acknowledged outside of this state, either 
249.17  in accordance with the law of this state or in accordance with 
249.18  the law of the place where executed, is valid. 
249.19     Sec. 4.  Minnesota Statutes 2004, section 259.24, 
249.20  subdivision 6a, is amended to read: 
249.21     Subd. 6a.  [WITHDRAWAL OF CONSENT.] Except for consents 
249.22  executed under section 260C.201, subdivision 11, a parent's 
249.23  consent to adoption may be withdrawn for any reason within ten 
249.24  working days after the consent is executed and acknowledged.  
249.25  Written notification of withdrawal of consent must be received 
249.26  by the agency to which the child was surrendered no later than 
249.27  the tenth working day after the consent is executed and 
249.28  acknowledged.  On the day following the tenth working day after 
249.29  execution and acknowledgment, the consent shall become 
249.30  irrevocable, except upon order of a court of competent 
249.31  jurisdiction after written findings that consent was obtained by 
249.32  fraud.  A consent to adopt executed under section 260C.201, 
249.33  subdivision 11, is irrevocable upon proper notice to both 
249.34  parents of the effect of a consent to adopt and acceptance by 
249.35  the court, except upon order of the same court after written 
249.36  findings that the consent was obtained by fraud.  In proceedings 
250.1   to determine the existence of fraud, the adoptive parents and 
250.2   the child shall be made parties.  The proceedings shall be 
250.3   conducted to preserve the confidentiality of the adoption 
250.4   process.  There shall be no presumption in the proceedings 
250.5   favoring the birth parents over the adoptive parents. 
250.6      Sec. 5.  Minnesota Statutes 2004, section 260C.201, 
250.7   subdivision 11, is amended to read: 
250.8      Subd. 11.  [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT 
250.9   PLACEMENT DETERMINATION.] (a) This subdivision and subdivision 
250.10  11a do not apply in cases where the child is in placement due 
250.11  solely to the child's developmental disability or emotional 
250.12  disturbance, where legal custody has not been transferred to the 
250.13  responsible social services agency, and where the court finds 
250.14  compelling reasons under section 260C.007, subdivision 8, to 
250.15  continue the child in foster care past the time periods 
250.16  specified in this subdivision.  Foster care placements of 
250.17  children due solely to their disability are governed by section 
250.18  260C.141, subdivision 2b.  In all other cases where the child is 
250.19  in foster care or in the care of a noncustodial parent under 
250.20  subdivision 1, the court shall conduct a hearing to determine 
250.21  the permanent status of a child not later than 12 months after 
250.22  the child is placed in foster care or in the care of a 
250.23  noncustodial parent. 
250.24     For purposes of this subdivision, the date of the child's 
250.25  placement in foster care is the earlier of the first 
250.26  court-ordered placement or 60 days after the date on which the 
250.27  child has been voluntarily placed in foster care by the child's 
250.28  parent or guardian.  For purposes of this subdivision, time 
250.29  spent by a child under the protective supervision of the 
250.30  responsible social services agency in the home of a noncustodial 
250.31  parent pursuant to an order under subdivision 1 counts towards 
250.32  the requirement of a permanency hearing under this subdivision 
250.33  or subdivision 11a. 
250.34     For purposes of this subdivision, 12 months is calculated 
250.35  as follows: 
250.36     (1) during the pendency of a petition alleging that a child 
251.1   is in need of protection or services, all time periods when a 
251.2   child is placed in foster care or in the home of a noncustodial 
251.3   parent are cumulated; 
251.4      (2) if a child has been placed in foster care within the 
251.5   previous five years under one or more previous petitions, the 
251.6   lengths of all prior time periods when the child was placed in 
251.7   foster care within the previous five years are cumulated.  If a 
251.8   child under this clause has been in foster care for 12 months or 
251.9   more, the court, if it is in the best interests of the child and 
251.10  for compelling reasons, may extend the total time the child may 
251.11  continue out of the home under the current petition up to an 
251.12  additional six months before making a permanency determination.  
251.13     (b) Unless the responsible social services agency 
251.14  recommends return of the child to the custodial parent or 
251.15  parents, not later than 30 days prior to this hearing, the 
251.16  responsible social services agency shall file pleadings in 
251.17  juvenile court to establish the basis for the juvenile court to 
251.18  order permanent placement of the child according to paragraph 
251.19  (d).  Notice of the hearing and copies of the pleadings must be 
251.20  provided pursuant to section 260C.152.  If a termination of 
251.21  parental rights petition is filed before the date required for 
251.22  the permanency planning determination and there is a trial under 
251.23  section 260C.163 scheduled on that petition within 90 days of 
251.24  the filing of the petition, no hearing need be conducted under 
251.25  this subdivision.  
251.26     (c) At the conclusion of the hearing, the court shall order 
251.27  the child returned to the care of the parent or guardian from 
251.28  whom the child was removed or order a permanent placement in the 
251.29  child's best interests.  The "best interests of the child" means 
251.30  all relevant factors to be considered and evaluated.  Transfer 
251.31  of permanent legal and physical custody, termination of parental 
251.32  rights, or guardianship and legal custody to the commissioner 
251.33  through a consent to adopt are preferred permanency options for 
251.34  a child who cannot return home. 
251.35     (d) If the child is not returned to the home, the court 
251.36  must order one of the following dispositions: 
252.1      (1) permanent legal and physical custody to a relative in 
252.2   the best interests of the child according to the following 
252.3   conditions: 
252.4      (i) an order for transfer of permanent legal and physical 
252.5   custody to a relative shall only be made after the court has 
252.6   reviewed the suitability of the prospective legal and physical 
252.7   custodian; 
252.8      (ii) in transferring permanent legal and physical custody 
252.9   to a relative, the juvenile court shall follow the standards 
252.10  applicable under this chapter and chapter 260, and the 
252.11  procedures set out in the juvenile court rules; 
252.12     (iii) an order establishing permanent legal and physical 
252.13  custody under this subdivision must be filed with the family 
252.14  court; 
252.15     (iv) a transfer of legal and physical custody includes 
252.16  responsibility for the protection, education, care, and control 
252.17  of the child and decision making on behalf of the child; 
252.18     (v) the social services agency may bring a petition or 
252.19  motion naming a fit and willing relative as a proposed permanent 
252.20  legal and physical custodian.  The commissioner of human 
252.21  services shall annually prepare for counties information that 
252.22  must be given to proposed custodians about their legal rights 
252.23  and obligations as custodians together with information on 
252.24  financial and medical benefits for which the child is eligible; 
252.25  and 
252.26     (vi) the juvenile court may maintain jurisdiction over the 
252.27  responsible social services agency, the parents or guardian of 
252.28  the child, the child, and the permanent legal and physical 
252.29  custodian for purposes of ensuring appropriate services are 
252.30  delivered to the child and permanent legal custodian or for the 
252.31  purpose of ensuring conditions ordered by the court related to 
252.32  the care and custody of the child are met; 
252.33     (2) termination of parental rights according to the 
252.34  following conditions: 
252.35     (i) unless the social services agency has already filed a 
252.36  petition for termination of parental rights under section 
253.1   260C.307, the court may order such a petition filed and all the 
253.2   requirements of sections 260C.301 to 260C.328 remain applicable; 
253.3   and 
253.4      (ii) an adoption completed subsequent to a determination 
253.5   under this subdivision may include an agreement for 
253.6   communication or contact under section 259.58; 
253.7      (3) long-term foster care according to the following 
253.8   conditions: 
253.9      (i) the court may order a child into long-term foster care 
253.10  only if it finds compelling reasons that neither an award of 
253.11  permanent legal and physical custody to a relative, nor 
253.12  termination of parental rights is in the child's best interests; 
253.13  and 
253.14     (ii) further, the court may only order long-term foster 
253.15  care for the child under this section if it finds the following: 
253.16     (A) the child has reached age 12 and reasonable efforts by 
253.17  the responsible social services agency have failed to locate an 
253.18  adoptive family for the child; or 
253.19     (B) the child is a sibling of a child described in subitem 
253.20  (A) and the siblings have a significant positive relationship 
253.21  and are ordered into the same long-term foster care home; 
253.22     (4) foster care for a specified period of time according to 
253.23  the following conditions: 
253.24     (i) foster care for a specified period of time may be 
253.25  ordered only if: 
253.26     (A) the sole basis for an adjudication that the child is in 
253.27  need of protection or services is the child's behavior; 
253.28     (B) the court finds that foster care for a specified period 
253.29  of time is in the best interests of the child; and 
253.30     (C) the court finds compelling reasons that neither an 
253.31  award of permanent legal and physical custody to a relative, nor 
253.32  termination of parental rights is in the child's best interests; 
253.33     (ii) the order does not specify that the child continue in 
253.34  foster care for any period exceeding one year; or 
253.35     (5) guardianship and legal custody to the commissioner of 
253.36  human services under the following procedures and conditions: 
254.1      (i) there is an identified prospective adoptive home that 
254.2   has agreed to adopt the child and agreed to by the responsible 
254.3   social services agency having legal custody of the child 
254.4   pursuant to court order under this section and the court accepts 
254.5   the parent's voluntary consent to adopt under section 259.24; 
254.6      (ii) if the court accepts a consent to adopt in lieu of 
254.7   ordering one of the other enumerated permanency dispositions, 
254.8   the court must review the matter at least every 90 days.  The 
254.9   review will address the reasonable efforts of the agency to 
254.10  achieve a finalized adoption; 
254.11     (iii) a consent to adopt under this clause vests all legal 
254.12  authority regarding the child, including guardianship and legal 
254.13  custody of the child, with the commissioner of human services as 
254.14  if the child were a state ward after termination of parental 
254.15  rights; 
254.16     (iv) the court must forward a copy of the consent to adopt, 
254.17  together with a certified copy of the order transferring 
254.18  guardianship and legal custody to the commissioner, to the 
254.19  commissioner; and 
254.20     (v) if an adoption is not finalized by the identified 
254.21  prospective adoptive parent within 12 months of the execution of 
254.22  the consent to adopt under this clause, the commissioner of 
254.23  human services or the commissioner's delegate shall pursue 
254.24  adoptive placement in another home unless the commissioner 
254.25  certifies that the failure to finalize is not due to either an 
254.26  action or a failure to act by the prospective adoptive parent; 
254.27  and 
254.28     (vi) notwithstanding item (v), the commissioner of human 
254.29  services or the commissioner's designee must pursue adoptive 
254.30  placement in another home as soon as the commissioner or 
254.31  commissioner's designee determines that finalization of the 
254.32  adoption with the identified prospective adoptive parent is not 
254.33  possible, that the identified prospective adoptive parent is not 
254.34  willing to adopt the child, that the identified prospective 
254.35  adoptive parent is not cooperative in completing the steps 
254.36  necessary to finalize the adoption, or upon the commissioner's 
255.1   determination to withhold consent to the adoption. 
255.2      (e) In ordering a permanent placement of a child, the court 
255.3   must be governed by the best interests of the child, including a 
255.4   review of the relationship between the child and relatives and 
255.5   the child and other important persons with whom the child has 
255.6   resided or had significant contact. 
255.7      (f) Once a permanent placement determination has been made 
255.8   and permanent placement has been established, further court 
255.9   reviews are necessary if: 
255.10     (1) the placement is long-term foster care or foster care 
255.11  for a specified period of time; 
255.12     (2) the court orders further hearings because it has 
255.13  retained jurisdiction of a transfer of permanent legal and 
255.14  physical custody matter; 
255.15     (3) an adoption has not yet been finalized; or 
255.16     (4) there is a disruption of the permanent or long-term 
255.17  placement.  
255.18     (g) Court reviews of an order for long-term foster care, 
255.19  whether under this section or section 260C.317, subdivision 3, 
255.20  paragraph (d), or foster care for a specified period of time 
255.21  must be conducted at least yearly and must review the child's 
255.22  out-of-home placement plan and the reasonable efforts of the 
255.23  agency to: 
255.24     (1) identify a specific long-term foster home for the child 
255.25  or a specific foster home for the time the child is specified to 
255.26  be out of the care of the parent, if one has not already been 
255.27  identified; 
255.28     (2) support continued placement of the child in the 
255.29  identified home, if one has been identified; 
255.30     (3) ensure appropriate services are provided to the child 
255.31  during the period of long-term foster care or foster care for a 
255.32  specified period of time; 
255.33     (4) plan for the child's independence upon the child's 
255.34  leaving long-term foster care living as required under section 
255.35  260C.212, subdivision 1; and 
255.36     (5) where placement is for a specified period of time, a 
256.1   plan for the safe return of the child to the care of the parent. 
256.2      (h) An order under this subdivision must include the 
256.3   following detailed findings: 
256.4      (1) how the child's best interests are served by the order; 
256.5      (2) the nature and extent of the responsible social service 
256.6   agency's reasonable efforts, or, in the case of an Indian child, 
256.7   active efforts to reunify the child with the parent or parents; 
256.8      (3) the parent's or parents' efforts and ability to use 
256.9   services to correct the conditions which led to the out-of-home 
256.10  placement; and 
256.11     (4) whether the conditions which led to the out-of-home 
256.12  placement have been corrected so that the child can return home. 
256.13     (i) An order for permanent legal and physical custody of a 
256.14  child may be modified under sections 518.18 and 518.185.  The 
256.15  social services agency is a party to the proceeding and must 
256.16  receive notice.  A parent may only seek modification of an order 
256.17  for long-term foster care upon motion and a showing by the 
256.18  parent of a substantial change in the parent's circumstances 
256.19  such that the parent could provide appropriate care for the 
256.20  child and that removal of the child from the child's permanent 
256.21  placement and the return to the parent's care would be in the 
256.22  best interest of the child. 
256.23     (j) The court shall issue an order required under this 
256.24  section within 15 days of the close of the proceedings.  The 
256.25  court may extend issuing the order an additional 15 days when 
256.26  necessary in the interests of justice and the best interests of 
256.27  the child. 
256.28     Sec. 6.  [260C.209] [BACKGROUND CHECKS.] 
256.29     Subdivision 1.  [SUBJECTS.] The responsible social services 
256.30  agency must conduct a background check under this section of the 
256.31  following: 
256.32     (1) a noncustodial parent or nonadjudicated parent who is 
256.33  being assessed for purposes of providing day-to-day care of a 
256.34  child temporarily or permanently under section 260C.212, 
256.35  subdivision 4, and any member of the parent's household who is 
256.36  over the age of 13 when there is a reasonable cause to believe 
257.1   that the parent or household member over age 13 has a criminal 
257.2   history or a history of maltreatment of a child or vulnerable 
257.3   adult which would endanger the child's health, safety, or 
257.4   welfare; 
257.5      (2) an individual whose suitability for relative placement 
257.6   under section 260C.212, subdivision 5, is being determined, and 
257.7   any member of the relative's household who is over the age of 13 
257.8   when:  (i) the relative must be licensed for foster care; or (ii)
257.9   the agency must conduct a background study under section 259.53, 
257.10  subdivision 2; or (iii) the agency has reasonable cause to 
257.11  believe the relative or household member over the age of 13 has 
257.12  a criminal history which would not make transfer of permanent 
257.13  legal and physical custody to the relative under section 
257.14  260C.201, subdivision 11, in the child's best interest; and 
257.15     (3) a parent, following an out-of-home placement, when the 
257.16  responsible social service agency has reasonable cause to 
257.17  believe that the parent has been convicted of a crime directly 
257.18  related to the parent's capacity to maintain the child's health, 
257.19  safety, or welfare; or the parent is the subject of an open 
257.20  investigation of, or has been the subject of a substantiated 
257.21  allegation of, child or vulnerable-adult maltreatment within the 
257.22  past ten years. 
257.23  "Reasonable cause" means that the agency has received 
257.24  information or a report from the subject or a third person that 
257.25  creates an articulable suspicion that the individual has a 
257.26  history that may pose a risk to the health, safety, or welfare 
257.27  of the child.  The information or report must be specific to the 
257.28  potential subject of the background check and shall not be based 
257.29  on the race, religion, ethnic background, age, class, or 
257.30  lifestyle of the potential subject.  
257.31     Subd. 2.  [GENERAL PROCEDURES.] (a) When conducting a 
257.32  background check under subdivision 1, the agency may require the 
257.33  individual being assessed to provide sufficient information to 
257.34  ensure an accurate assessment under this section, including: 
257.35     (1) the individual's first, middle, and last name and all 
257.36  other names by which the individual has been known; 
258.1      (2) home address, zip code, city, county, and state of 
258.2   residence for the past ten years; 
258.3      (3) sex; 
258.4      (4) date of birth; and 
258.5      (5) driver's license number or state identification number. 
258.6      (b) When notified by the responsible social services agency 
258.7   that it is conducting an assessment under this section, the 
258.8   Bureau of Criminal Apprehension, commissioners of health and 
258.9   human services, law enforcement, and county agencies must 
258.10  provide the responsible social services agency or county 
258.11  attorney with the following information on the individual being 
258.12  assessed:  criminal history data, reports about the maltreatment 
258.13  of adults substantiated under section 626.557, and reports of 
258.14  maltreatment of minors substantiated under section 626.556. 
258.15     Subd. 3.  [MULTISTATE INFORMATION.] (a) For any assessment 
258.16  completed under this section, if the responsible social services 
258.17  agency has reasonable cause to believe that the individual is a 
258.18  multistate offender, the individual must provide the responsible 
258.19  social services agency or the county attorney with a set of 
258.20  classifiable fingerprints obtained from an authorized law 
258.21  enforcement agency.  The responsible social services agency or 
258.22  county attorney may obtain criminal history data from the 
258.23  National Criminal Records Repository by submitting the 
258.24  fingerprints to the Bureau of Criminal Apprehension.  
258.25     (b) For purposes of this subdivision, the responsible 
258.26  social services agency has reasonable cause when, but not 
258.27  limited to: 
258.28     (1) information from the Bureau of Criminal Apprehension 
258.29  indicates that the individual is a multistate offender; 
258.30     (2) information from the Bureau of Criminal Apprehension 
258.31  indicates that multistate offender status is undetermined; 
258.32     (3) the social services agency has received a report from 
258.33  the individual or a third party indicating that the individual 
258.34  has a criminal history in a jurisdiction other than Minnesota; 
258.35  or 
258.36     (4) the individual is or has been a resident of a state 
259.1   other than Minnesota at any time during the prior ten years.  
259.2      Subd. 4.  [NOTICE UPON RECEIPT.] The responsible social 
259.3   services agency must provide the subject of the background study 
259.4   with the results of the study under this section within 15 
259.5   business days of receipt or at least 15 days prior to the 
259.6   hearing at which the results will be presented, whichever comes 
259.7   first.  The subject may provide written information to the 
259.8   agency that the results are incorrect and may provide additional 
259.9   or clarifying information to the agency and to the court through 
259.10  a party to the proceeding.  This provision does not apply to any 
259.11  background study conducted under chapters 245A and 245C. 
259.12     Sec. 7.  Minnesota Statutes 2004, section 260C.212, 
259.13  subdivision 4, is amended to read: 
259.14     Subd. 4.  [RESPONSIBLE SOCIAL SERVICE AGENCY'S DUTIES FOR 
259.15  CHILDREN IN PLACEMENT.] (a) When a child is in placement, the 
259.16  responsible social services agency shall make diligent efforts 
259.17  to identify, locate, and, where appropriate, offer services to 
259.18  both parents of the child. 
259.19     (1) If The responsible social services agency shall assess 
259.20  whether a noncustodial or nonadjudicated parent is willing and 
259.21  capable of providing for the day-to-day care of the child 
259.22  temporarily or permanently.  An assessment under this clause may 
259.23  include, but is not limited to, obtaining information under 
259.24  section 260C.209.  If after assessment, the responsible social 
259.25  services agency determines that a noncustodial or nonadjudicated 
259.26  parent is willing and capable of providing day-to-day care of 
259.27  the child, the responsible social services agency may seek 
259.28  authority from the custodial parent or the court to have that 
259.29  parent assume day-to-day care of the child.  If a parent is not 
259.30  an adjudicated parent, the responsible social services agency 
259.31  shall require the nonadjudicated parent to cooperate with 
259.32  paternity establishment procedures as part of the case plan.  
259.33     (2) If, after assessment, the responsible social services 
259.34  agency determines that the child cannot be in the day-to-day 
259.35  care of either parent, the agency shall: 
259.36     (i) prepare an out-of-home placement plan addressing the 
260.1   conditions that each parent must meet before the child can be in 
260.2   that parent's day-to-day care; and 
260.3      (ii) provide a parent who is the subject of a background 
260.4   study under section 260C.209 15 days' notice that it intends to 
260.5   use the study to recommend against putting the child with that 
260.6   parent, as well as the notice provided in section 260C.209, 
260.7   subdivision 4, and the court shall afford the parent an 
260.8   opportunity to be heard concerning the study. 
260.9      The results of a background study of a noncustodial parent 
260.10  shall not be used by the agency to determine that the parent is 
260.11  incapable of providing day-to-day care of the child unless the 
260.12  agency reasonably believes that placement of the child into the 
260.13  home of that parent would endanger the child's health, safety, 
260.14  or welfare. 
260.15     (3) If, after the provision of services following an 
260.16  out-of-home placement plan under this section, the child cannot 
260.17  return to the care of the parent from whom the child was removed 
260.18  or who had legal custody at the time the child was placed in 
260.19  foster care, the agency may petition on behalf of a noncustodial 
260.20  parent to establish legal custody with that parent under section 
260.21  260C.201, subdivision 11.  If paternity has not already been 
260.22  established, it may be established in the same proceeding in the 
260.23  manner provided for under chapter 257. 
260.24     (4) The responsible social services agency may be relieved 
260.25  of the requirement to locate and offer services to both parents 
260.26  by the juvenile court upon a finding of good cause after the 
260.27  filing of a petition under section 260C.141. 
260.28     (b) The responsible social services agency shall give 
260.29  notice to the parent or parents or guardian of each child in a 
260.30  residential facility, other than a child in placement due solely 
260.31  to that child's developmental disability or emotional 
260.32  disturbance, of the following information: 
260.33     (1) that residential care of the child may result in 
260.34  termination of parental rights or an order permanently placing 
260.35  the child out of the custody of the parent, but only after 
260.36  notice and a hearing as required under chapter 260C and the 
261.1   juvenile court rules; 
261.2      (2) time limits on the length of placement and of 
261.3   reunification services, including the date on which the child is 
261.4   expected to be returned to and safely maintained in the home of 
261.5   the parent or parents or placed for adoption or otherwise 
261.6   permanently removed from the care of the parent by court order; 
261.7      (3) the nature of the services available to the parent; 
261.8      (4) the consequences to the parent and the child if the 
261.9   parent fails or is unable to use services to correct the 
261.10  circumstances that led to the child's placement; 
261.11     (5) the first consideration for placement with relatives; 
261.12     (6) the benefit to the child in getting the child out of 
261.13  residential care as soon as possible, preferably by returning 
261.14  the child home, but if that is not possible, through a permanent 
261.15  legal placement of the child away from the parent; 
261.16     (7) when safe for the child, the benefits to the child and 
261.17  the parent of maintaining visitation with the child as soon as 
261.18  possible in the course of the case and, in any event, according 
261.19  to the visitation plan under this section; and 
261.20     (8) the financial responsibilities and obligations, if any, 
261.21  of the parent or parents for the support of the child during the 
261.22  period the child is in the residential facility. 
261.23     (c) The responsible social services agency shall inform a 
261.24  parent considering voluntary placement of a child who is not 
261.25  developmentally disabled or emotionally disturbed of the 
261.26  following information: 
261.27     (1) the parent and the child each has a right to separate 
261.28  legal counsel before signing a voluntary placement agreement, 
261.29  but not to counsel appointed at public expense; 
261.30     (2) the parent is not required to agree to the voluntary 
261.31  placement, and a parent who enters a voluntary placement 
261.32  agreement may at any time request that the agency return the 
261.33  child.  If the parent so requests, the child must be returned 
261.34  within 24 hours of the receipt of the request; 
261.35     (3) evidence gathered during the time the child is 
261.36  voluntarily placed may be used at a later time as the basis for 
262.1   a petition alleging that the child is in need of protection or 
262.2   services or as the basis for a petition seeking termination of 
262.3   parental rights or other permanent placement of the child away 
262.4   from the parent; 
262.5      (4) if the responsible social services agency files a 
262.6   petition alleging that the child is in need of protection or 
262.7   services or a petition seeking the termination of parental 
262.8   rights or other permanent placement of the child away from the 
262.9   parent, the parent would have the right to appointment of 
262.10  separate legal counsel and the child would have a right to the 
262.11  appointment of counsel and a guardian ad litem as provided by 
262.12  law, and that counsel will be appointed at public expense if 
262.13  they are unable to afford counsel; and 
262.14     (5) the timelines and procedures for review of voluntary 
262.15  placements under subdivision 3, and the effect the time spent in 
262.16  voluntary placement on the scheduling of a permanent placement 
262.17  determination hearing under section 260C.201, subdivision 11.  
262.18     (d) When an agency accepts a child for placement, the 
262.19  agency shall determine whether the child has had a physical 
262.20  examination by or under the direction of a licensed physician 
262.21  within the 12 months immediately preceding the date when the 
262.22  child came into the agency's care.  If there is documentation 
262.23  that the child has had an examination within the last 12 months, 
262.24  the agency is responsible for seeing that the child has another 
262.25  physical examination within one year of the documented 
262.26  examination and annually in subsequent years.  If the agency 
262.27  determines that the child has not had a physical examination 
262.28  within the 12 months immediately preceding placement, the agency 
262.29  shall ensure that the child has an examination within 30 days of 
262.30  coming into the agency's care and once a year in subsequent 
262.31  years. 
262.32                             ARTICLE 16 
262.33                     CRIMINAL SENTENCING POLICY
262.34     Section 1.  Minnesota Statutes 2004, section 244.09, 
262.35  subdivision 5, is amended to read: 
262.36     Subd. 5.  [PROMULGATION OF SENTENCING GUIDELINES.] The 
263.1   commission shall promulgate Sentencing Guidelines for the 
263.2   district court.  The guidelines shall be based on reasonable 
263.3   offense and offender characteristics.  The guidelines 
263.4   promulgated by the commission shall be advisory to the district 
263.5   court and shall establish: 
263.6      (1) The circumstances under which imprisonment of an 
263.7   offender is proper; and 
263.8      (2) A presumptive, fixed sentence sentencing range for 
263.9   offenders for whom imprisonment is proper, based on each 
263.10  appropriate combination of reasonable offense and offender 
263.11  characteristics.  The guidelines may provide for an increase or 
263.12  decrease of up to 15 percent in the presumptive, fixed sentence. 
263.13     The Sentencing Guidelines promulgated by the commission may 
263.14  also establish appropriate sanctions for offenders for whom 
263.15  imprisonment is not proper.  Any guidelines promulgated by the 
263.16  commission establishing sanctions for offenders for whom 
263.17  imprisonment is not proper shall make specific reference to 
263.18  noninstitutional sanctions, including but not limited to the 
263.19  following:  payment of fines, day fines, restitution, community 
263.20  work orders, work release programs in local facilities, 
263.21  community based residential and nonresidential programs, 
263.22  incarceration in a local correctional facility, and probation 
263.23  and the conditions thereof. 
263.24     Although the Sentencing Guidelines are advisory to the 
263.25  district court, the court shall follow the procedures of the 
263.26  guidelines when it pronounces sentence in a proceeding to which 
263.27  the guidelines apply by operation of statute.  Sentencing 
263.28  pursuant to the Sentencing Guidelines is not a right that 
263.29  accrues to a person convicted of a felony; it is a procedure 
263.30  based on state public policy to maintain uniformity, 
263.31  proportionality, rationality, and predictability in sentencing. 
263.32     In establishing and modifying the Sentencing Guidelines, 
263.33  the primary consideration of the commission shall be public 
263.34  safety.  The commission shall also consider current sentencing 
263.35  and release practices; correctional resources, including but not 
263.36  limited to the capacities of local and state correctional 
264.1   facilities; and the long-term negative impact of the crime on 
264.2   the community. 
264.3      The provisions of sections 14.001 to 14.69 do not apply to 
264.4   the promulgation of the Sentencing Guidelines, and the 
264.5   Sentencing Guidelines, including severity levels and criminal 
264.6   history scores, are not subject to review by the legislative 
264.7   commission to review administrative rules.  However, the 
264.8   commission shall adopt rules pursuant to sections 14.001 to 
264.9   14.69 which establish procedures for the promulgation of the 
264.10  Sentencing Guidelines, including procedures for the promulgation 
264.11  of severity levels and criminal history scores, and these rules 
264.12  shall be subject to review by the legislative coordinating 
264.13  commission. 
264.14     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
264.15  and applies to crimes committed on or after that date. 
264.16     Sec. 2.  Minnesota Statutes 2004, section 244.10, 
264.17  subdivision 2, is amended to read: 
264.18     Subd. 2.  [DEVIATION FROM GUIDELINES; IMPOSITION OF 
264.19  SENTENCE.] Whether or not a sentencing hearing is requested 
264.20  pursuant to subdivision 1, the district court shall make written 
264.21  findings of fact as to the reasons for departure from the 
264.22  Sentencing Guidelines in each case in which the court imposes or 
264.23  stays a sentence that deviates from the Sentencing Guidelines 
264.24  applicable to the case.  Unless otherwise allowed by law, the 
264.25  court shall not impose a sentence duration in excess of that 
264.26  provided by the Sentencing Guidelines presumptive sentencing 
264.27  range for the offense unless the finder of fact has found that a 
264.28  severe aggravating factor exists.  If the existence of a severe 
264.29  aggravating factor has been proven, the court shall impose a 
264.30  sentence in excess of the presumptive range provided by the 
264.31  Sentencing Guidelines.  
264.32     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
264.33  and applies to crimes committed on or after that date. 
264.34     Sec. 3.  Minnesota Statutes 2004, section 244.10, is 
264.35  amended by adding a subdivision to read:  
264.36     Subd. 4.  [AGGRAVATED DEPARTURES.] In bringing a motion for 
265.1   an aggravated sentence, the state is not limited to factors 
265.2   specified in the Sentencing Guidelines provided the state 
265.3   provides reasonable notice to the defendant and the district 
265.4   court prior to sentencing of the factors on which the state 
265.5   intends to rely.  
265.6      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
265.7   and applies to crimes committed on or after that date. 
265.8      Sec. 4.  Minnesota Statutes 2004, section 244.10, is 
265.9   amended by adding a subdivision to read: 
265.10     Subd. 5.  [PROCEDURES IN CASES WHERE STATE INTENDS TO SEEK 
265.11  AN AGGRAVATED DURATIONAL DEPARTURE.] (a) When the prosecutor 
265.12  provides reasonable notice under subdivision 4, the district 
265.13  court shall allow the state to prove beyond a reasonable doubt 
265.14  to a jury of 12 members the factors in support of the state's 
265.15  request for an aggravated departure from the Sentencing 
265.16  Guidelines as provided in paragraph (b) or (c). 
265.17     (b) The district court shall allow a unitary trial and 
265.18  final argument to a jury regarding both evidence in support of 
265.19  the elements of the offense and evidence in support of 
265.20  aggravating factors when the evidence in support of the 
265.21  aggravating factors: 
265.22     (1) would be admissible as part of the trial on the 
265.23  elements of the offense; or 
265.24     (2) would not result in unfair prejudice to the defendant. 
265.25     The existence of each aggravating factor shall be 
265.26  determined by use of a special verdict form. 
265.27     Upon the request of the prosecutor, the court shall allow 
265.28  bifurcated argument and jury deliberations. 
265.29     (c) The district court shall bifurcate the proceedings to 
265.30  allow for the production of evidence, argument, and 
265.31  deliberations on the existence of factors in support of an 
265.32  aggravated departure after the return of a guilty verdict when 
265.33  the evidence in support of an aggravated departure: 
265.34     (1) includes evidence that is otherwise inadmissible at a 
265.35  trial on the elements of the offense; and 
265.36     (2) would result in unfair prejudice to the defendant. 
266.1      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
266.2   and applies to crimes committed on or after that date. 
266.3      Sec. 5.  Minnesota Statutes 2004, section 244.10, is 
266.4   amended by adding a subdivision to read:  
266.5      Subd. 6.  [DEFENDANTS TO PRESENT EVIDENCE AND ARGUMENT.] In 
266.6   either a unitary or bifurcated trial under subdivision 5, a 
266.7   defendant shall be allowed to present evidence and argument to 
266.8   the jury or fact finder regarding whether facts exist that would 
266.9   justify an aggravated departure.  A defendant is not allowed to 
266.10  present evidence or argument to the jury or fact finder 
266.11  regarding facts in support of a mitigated departure during the 
266.12  trial, but may present evidence and argument in support of a 
266.13  mitigated departure to the judge as fact finder during a 
266.14  sentencing hearing. 
266.15     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
266.16  and applies to crimes committed on or after that date. 
266.17     Sec. 6.  Minnesota Statutes 2004, section 244.10, is 
266.18  amended by adding a subdivision to read: 
266.19     Subd. 7.  [WAIVER OF JURY DETERMINATION.] The defendant may 
266.20  waive the right to a jury determination of whether facts exist 
266.21  that would justify an aggravated sentence.  Upon receipt of a 
266.22  waiver of a jury trial on this issue, the district court shall 
266.23  determine beyond a reasonable doubt whether the factors in 
266.24  support of the state's motion for aggravated departure exist. 
266.25     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
266.26  and applies to crimes committed on or after that date. 
266.27     Sec. 7.  Minnesota Statutes 2004, section 244.10, is 
266.28  amended by adding a subdivision to read: 
266.29     Subd. 8.  [NOTICE OF INFORMATION REGARDING PREDATORY 
266.30  OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 
266.31  person is convicted of an offense and the presumptive sentence 
266.32  under the Sentencing Guidelines is commitment to the custody of 
266.33  the commissioner of corrections, if the court grants a 
266.34  dispositional departure and stays imposition or execution of 
266.35  sentence, the probation or court services officer who is 
266.36  assigned to supervise the offender shall provide in writing to 
267.1   the following the fact that the offender is on probation and the 
267.2   terms and conditions of probation: 
267.3      (1) a victim of and any witnesses to the offense committed 
267.4   by the offender, if the victim or the witness has requested 
267.5   notice; and 
267.6      (2) the chief law enforcement officer in the area where the 
267.7   offender resides or intends to reside. 
267.8      The law enforcement officer, in consultation with the 
267.9   offender's probation officer, may provide all or part of this 
267.10  information to any of the following agencies or groups the 
267.11  offender is likely to encounter:  public and private educational 
267.12  institutions, day care establishments, and establishments or 
267.13  organizations that primarily serve individuals likely to be 
267.14  victimized by the offender. 
267.15     The probation officer is not required under this 
267.16  subdivision to provide any notice while the offender is placed 
267.17  or resides in a residential facility that is licensed under 
267.18  section 241.021 or 245A.02, subdivision 14, if the facility 
267.19  staff is trained in the supervision of sex offenders. 
267.20     (b) Paragraph (a) applies only to offenders required to 
267.21  register under section 243.166, as a result of the conviction. 
267.22     (c) The notice authorized by paragraph (a) shall be limited 
267.23  to data classified as public under section 13.84, subdivision 6, 
267.24  unless the offender provides informed consent to authorize the 
267.25  release of nonpublic data or unless a court order authorizes the 
267.26  release of nonpublic data. 
267.27     (d) Nothing in this subdivision shall be interpreted to 
267.28  impose a duty on any person to use any information regarding an 
267.29  offender about whom notification is made under this subdivision. 
267.30     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
267.31  and applies to crimes committed on or after that date. 
267.32     Sec. 8.  Minnesota Statutes 2004, section 244.10, is 
267.33  amended by adding a subdivision to read:  
267.34     Subd. 9.  [COMPUTATION OF CRIMINAL HISTORY SCORE.] If the 
267.35  defendant contests the existence of or factual basis for a prior 
267.36  conviction in the calculation of the defendant's criminal 
268.1   history score, proof of it is established by competent and 
268.2   reliable evidence, including a certified court record of the 
268.3   conviction. 
268.4      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
268.5   and applies to crimes committed on or after that date. 
268.6      Sec. 9.  Minnesota Statutes 2004, section 609.108, 
268.7   subdivision 1, is amended to read: 
268.8      Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
268.9   shall commit a person to the commissioner of corrections for a 
268.10  period of time that is not less than double the presumptive 
268.11  sentence the high end of the presumptive range under the 
268.12  Sentencing Guidelines and not more than the statutory maximum, 
268.13  or if the statutory maximum is less than double the presumptive 
268.14  sentence, for a period of time that is equal to the statutory 
268.15  maximum, if: 
268.16     (1) the court is imposing an executed sentence, based on a 
268.17  Sentencing Guidelines presumptive imprisonment sentence or a 
268.18  dispositional departure for aggravating circumstances or a 
268.19  mandatory minimum sentence, on a person convicted of committing 
268.20  or attempting to commit a violation of section 609.342, 609.343, 
268.21  609.344, or 609.345, or on a person convicted of committing or 
268.22  attempting to commit any other crime listed in subdivision 3 if 
268.23  it reasonably appears to the court that the crime was motivated 
268.24  by the offender's sexual impulses or was part of a predatory 
268.25  pattern of behavior that had criminal sexual conduct as its 
268.26  goal;. 
268.27     (2) the court finds that the offender is a danger to public 
268.28  safety; and 
268.29     (3) the court finds that the offender needs long-term 
268.30  treatment or supervision beyond the presumptive term of 
268.31  imprisonment and supervised release.  The finding must be based 
268.32  on a professional assessment by an examiner experienced in 
268.33  evaluating sex offenders that concludes that the offender is a 
268.34  patterned sex offender.  The assessment must contain the facts 
268.35  upon which the conclusion is based, with reference to the 
268.36  offense history of the offender or the severity of the current 
269.1   offense, the social history of the offender, and the results of 
269.2   an examination of the offender's mental status unless the 
269.3   offender refuses to be examined.  The conclusion may not be 
269.4   based on testing alone.  A patterned sex offender is one whose 
269.5   criminal sexual behavior is so engrained that the risk of 
269.6   reoffending is great without intensive psychotherapeutic 
269.7   intervention or other long-term controls. 
269.8      (b) The court shall consider imposing a sentence under this 
269.9   section whenever a person is convicted of violating section 
269.10  609.342 or 609.343. 
269.11     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
269.12  and applies to crimes committed on or after that date. 
269.13     Sec. 10.  Minnesota Statutes 2004, section 609.109, 
269.14  subdivision 4, is amended to read: 
269.15     Subd. 4.  [MANDATORY 30-YEAR SENTENCE.] (a) The court shall 
269.16  commit a person to the commissioner of corrections for not less 
269.17  than 30 years, notwithstanding the statutory maximum sentence 
269.18  under section 609.343, if: 
269.19     (1) the person is convicted under section 609.342, 
269.20  subdivision 1, clause (c), (d), (e), or (f); or 609.343, 
269.21  subdivision 1, clause (c), (d), (e), or (f); and 
269.22     (2) the court determines on the record at the time of 
269.23  sentencing that:  
269.24     (i) the crime involved an aggravating factor that would 
269.25  provide grounds for an upward departure under the Sentencing 
269.26  Guidelines other than the aggravating factor applicable to 
269.27  repeat criminal sexual conduct convictions; and 
269.28     (ii) the person has a previous sex offense conviction under 
269.29  section 609.342, 609.343, or 609.344. 
269.30     (b) Notwithstanding subdivision 2 and sections 609.342, 
269.31  subdivision 3; and 609.343, subdivision 3, the court may not 
269.32  stay imposition or execution of the sentence required by this 
269.33  subdivision. 
269.34     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
269.35  and applies to crimes committed on or after that date. 
269.36     Sec. 11.  Minnesota Statutes 2004, section 609.109, 
270.1   subdivision 6, is amended to read: 
270.2      Subd. 6.  [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 
270.3   shall sentence a person to at least twice the high end of the 
270.4   presumptive sentence sentencing range recommended by the 
270.5   Sentencing Guidelines if: 
270.6      (1) the person is convicted under section 609.342, 
270.7   subdivision 1, clause (c), (d), (e), or (f); 609.343, 
270.8   subdivision 1, clause (c), (d), (e), or (f); or 609.344, 
270.9   subdivision 1, clause (c) or (d); and 
270.10     (2) the court fact finder determines on the record at the 
270.11  time of sentencing that the crime involved an aggravating factor 
270.12  that would provide grounds for an upward departure under the 
270.13  Sentencing Guidelines. 
270.14     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
270.15  and applies to crimes committed on or after that date. 
270.16     Sec. 12.  Minnesota Statutes 2004, section 609.1095, 
270.17  subdivision 2, is amended to read: 
270.18     Subd. 2.  [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 
270.19  COMMITS A THIRD VIOLENT CRIME.] Whenever a person is convicted 
270.20  of a violent crime that is a felony, and the judge is imposing 
270.21  an executed sentence based on a Sentencing Guidelines 
270.22  presumptive imprisonment sentence, the judge may impose an 
270.23  aggravated durational departure from the presumptive 
270.24  imprisonment sentence up to the statutory maximum sentence if 
270.25  the offender was at least 18 years old at the time the felony 
270.26  was committed, and: 
270.27     (1) the court determines on the record at the time of 
270.28  sentencing that the offender has two or more prior convictions 
270.29  for violent crimes; and. 
270.30     (2) the court finds that the offender is a danger to public 
270.31  safety and specifies on the record the basis for the finding, 
270.32  which may include: 
270.33     (i) the offender's past criminal behavior, such as the 
270.34  offender's high frequency rate of criminal activity or juvenile 
270.35  adjudications, or long involvement in criminal activity 
270.36  including juvenile adjudications; or 
271.1      (ii) the fact that the present offense of conviction 
271.2   involved an aggravating factor that would justify a durational 
271.3   departure under the Sentencing Guidelines. 
271.4      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
271.5   and applies to crimes committed on or after that date. 
271.6      Sec. 13.  Minnesota Statutes 2004, section 609.1095, 
271.7   subdivision 4, is amended to read: 
271.8      Subd. 4.  [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A 
271.9   SIXTH FELONY.] Whenever a person is convicted of a felony, and 
271.10  the judge is imposing an executed sentence based on a Sentencing 
271.11  Guidelines presumptive imprisonment sentence, the judge may 
271.12  impose an aggravated durational departure from the presumptive 
271.13  sentence up to the statutory maximum sentence if the judge finds 
271.14  and specifies on the record that the offender has five or more 
271.15  prior felony convictions and that the present offense is a 
271.16  felony that was committed as part of a pattern of criminal 
271.17  conduct. 
271.18     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
271.19  and applies to crimes committed on or after that date. 
271.20     Sec. 14.  [INSTRUCTION TO SENTENCING GUIDELINES 
271.21  COMMISSION.] 
271.22     Subdivision 1.  [FORMER PRESUMPTIVE, FIXED SENTENCE 
271.23  MAINTAINED AS REFERENCE POINT.] (a) Except as provided in 
271.24  paragraph (b), the Minnesota Sentencing Guidelines Commission 
271.25  shall retain in each cell of the Sentencing Guidelines grid, as 
271.26  a reference point only, the presumptive, fixed sentence in place 
271.27  at the time of enactment of this legislation. 
271.28     (b) The commission shall make changes to the presumptive 
271.29  sentences for offenses consistent with 2005 legislation and/or 
271.30  timely modifications proposed by the commission, provided the 
271.31  legislature has not acted to prevent those modifications from 
271.32  going forward. 
271.33     Subd. 2.  [PRESUMPTIVE SENTENCING RANGE.] In each cell of 
271.34  the Sentencing Guidelines grid, the guidelines shall include a 
271.35  presumptive sentencing range.  This range shall extend from 15 
271.36  percent below the presumptive, fixed sentence in place at the 
272.1   time of the enactment of this legislation, to 100 percent above 
272.2   the presumptive, fixed sentence in place at the time of the 
272.3   enactment of this legislation. 
272.4      Subd. 3.  [ADDITIONAL MODIFICATIONS TO SENTENCING 
272.5   GUIDELINES.] The Minnesota Sentencing Guidelines Commission 
272.6   shall amend the Sentencing Guidelines and comments to provide 
272.7   that a court may depart upward from the presumptive sentencing 
272.8   range when severe aggravating circumstances justify a departure. 
272.9      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
272.10  and applies to crimes committed on or after that date. 
272.11     Sec. 15.  [REVISOR INSTRUCTION.] 
272.12     Subdivision 1.  [HEADNOTE CHANGE.] The revisor of statutes 
272.13  shall change the headnote of Minnesota Statutes, section 
272.14  609.108, to read "MANDATORY INCREASED SENTENCES FOR CERTAIN 
272.15  PREDATORY SEX OFFENDERS; NO PRIOR CONVICTION REQUIRED." 
272.16     Subd. 2.  [REPEALER; REFERENCE TO RENUMBERING.] The revisor 
272.17  of statutes is instructed to include a reference next to the 
272.18  repealer of Minnesota Statutes, section 244.10, subdivisions 2a 
272.19  and 3, to inform the reader that the subdivisions have been 
272.20  renumbered and to include the new subdivision numbers. 
272.21     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
272.22     Sec. 16.  [REPEALER.] 
272.23     Minnesota Statutes 2004, sections 244.10, subdivisions 2a 
272.24  and 3; and 609.108, subdivisions 4 and 5, are repealed. 
272.25     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
272.26                             ARTICLE 17
272.27                    GENERAL CRIMINAL PROVISIONS
272.28     Section 1.  Minnesota Statutes 2004, section 152.02, 
272.29  subdivision 4, is amended to read: 
272.30     Subd. 4.  [SCHEDULE III.] The following items are listed in 
272.31  Schedule III:  
272.32     (1) Any material, compound, mixture, or preparation which 
272.33  contains any quantity of Amphetamine, its salts, optical 
272.34  isomers, and salts of its optical isomers; Phenmetrazine and its 
272.35  salts; Methamphetamine, its salts, isomers, and salts of 
272.36  isomers; Methylphenidate; and which is required by federal law 
273.1   to be labeled with the symbol prescribed by 21 Code of Federal 
273.2   Regulations Section 1302.03 and in effect on February 1, 1976 
273.3   designating that the drug is listed as a Schedule III controlled 
273.4   substance under federal law.  
273.5      (2) Any material, compound, mixture, or preparation which 
273.6   contains any quantity of the following substances having a 
273.7   potential for abuse associated with a depressant effect on the 
273.8   central nervous system:  
273.9      (a) Any compound, mixture, or preparation containing 
273.10  amobarbital, secobarbital, pentobarbital or any salt thereof and 
273.11  one or more other active medicinal ingredients which are not 
273.12  listed in any schedule.  
273.13     (b) Any suppository dosage form containing amobarbital, 
273.14  secobarbital, pentobarbital, or any salt of any of these drugs 
273.15  and approved by the food and drug administration for marketing 
273.16  only as a suppository.  
273.17     (c) Any substance which contains any quantity of a 
273.18  derivative of barbituric acid, or any salt of a derivative of 
273.19  barbituric acid, except those substances which are specifically 
273.20  listed in other schedules:  Chlorhexadol; Glutethimide; Lysergic 
273.21  acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane; 
273.22  Sulfonethylmethane; Sulfonmethane. 
273.23     (d) Gamma hydroxybutyrate, any salt, compound, derivative, 
273.24  or preparation of gamma hydroxybutyrate, including any isomers, 
273.25  esters, and ethers and salts of isomers, esters, and ethers of 
273.26  gamma hydroxybutyrate whenever the existence of such isomers, 
273.27  esters, and salts is possible within the specific chemical 
273.28  designation.  
273.29     (3) Any material, compound, mixture, or preparation which 
273.30  contains any quantity of the following substances having a 
273.31  potential for abuse associated with a stimulant effect on the 
273.32  central nervous system:  
273.33     (a) Benzphetamine 
273.34     (b) Chlorphentermine 
273.35     (c) Clortermine 
273.36     (d) Mazindol 
274.1      (e) Phendimetrazine.  
274.2      (4) Nalorphine.  
274.3      (5) Any material, compound, mixture, or preparation 
274.4   containing limited quantities of any of the following narcotic 
274.5   drugs, or any salts thereof:  
274.6      (a) Not more than 1.80 grams of codeine per 100 
274.7   milliliters or not more than 90 milligrams per dosage unit, with 
274.8   an equal or greater quantity of an isoquinoline alkaloid of 
274.9   opium.  
274.10     (b) Not more than 1.80 grams of codeine per 100 
274.11  milliliters or not more than 90 milligrams per dosage unit, with 
274.12  one or more active, nonnarcotic ingredients in recognized 
274.13  therapeutic amounts.  
274.14     (c) Not more than 300 milligrams of dihydrocodeinone per 
274.15  100 milliliters or not more than 15 milligrams per dosage unit, 
274.16  with a fourfold or greater quantity of an isoquinoline alkaloid 
274.17  of opium.  
274.18     (d) Not more than 300 milligrams of dihydrocodeinone per 
274.19  100 milliliters or not more than 15 milligrams per dosage unit, 
274.20  with one or more active, nonnarcotic ingredients in recognized 
274.21  therapeutic amounts. 
274.22     (e) Not more than 1.80 grams of dihydrocodeine per 100 
274.23  milliliters or not more than 90 milligrams per dosage unit, with 
274.24  one or more active, nonnarcotic ingredients in recognized 
274.25  therapeutic amounts.  
274.26     (f) Not more than 300 milligrams of ethylmorphine per 100 
274.27  milliliters or not more than 15 milligrams per dosage unit, with 
274.28  one or more active, nonnarcotic ingredients in recognized 
274.29  therapeutic amounts.  
274.30     (g) Not more than 500 milligrams of opium per 100 
274.31  milliliters or per 100 grams, or not more than 25 milligrams per 
274.32  dosage unit, with one or more active, nonnarcotic ingredients in 
274.33  recognized therapeutic amounts. 
274.34     (h) Not more than 50 milligrams of morphine per 100 
274.35  milliliters or per 100 grams with one or more active, 
274.36  nonnarcotic ingredients in recognized therapeutic amounts. 
275.1      (6) Anabolic steroids, which, for purposes of this 
275.2   subdivision, means any drug or hormonal substance, chemically 
275.3   and pharmacologically related to testosterone, other than 
275.4   estrogens, progestins, corticosteroids, and 
275.5   dehydroepiandrosterone, and includes:  androstanediol; 
275.6   androstanedione; androstenediol; androstenedione; bolasterone; 
275.7   boldenone; calusterone; chlorotestosterone; chorionic 
275.8   gonadotropin; clostebol; dehydrochloromethyltestosterone; 
275.9   (triangle)1-dihydrotestosterone; 4-dihydrotestosterone; 
275.10  drostanolone; ethylestrenol; fluoxymesterone; formebolone; 
275.11  furazabol; human growth hormones; 
275.12  13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone; 
275.13  4-hydroxy-19-nortestosterone; mestanolone; mesterolone; 
275.14  methandienone; methandranone; methandriol; methandrostenolone; 
275.15  methenolone; 17a-methyl-3b, 17b-dihydroxy-5a-androstane; 
275.16  17a-methyl-3a, 17b-dihydroxy-5a-androstane; 17a-methyl-3b, 
275.17  17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone; 
275.18  methyldienolone; methyltrienolone; methyltestosterone; 
275.19  mibolerone; 17a-methyl-(triangle)1-dihydrotestosterone; 
275.20  nandrolone; nandrolone phenpropionate; norandrostenediol; 
275.21  norandrostenedione; norbolethone; norclostebol; norethandrolone; 
275.22  normethandrolone; oxandrolone; oxymesterone; oxymetholone; 
275.23  stanolone; stanozolol; stenbolone; testolactone; testosterone; 
275.24  testosterone propionate; tetrahydrogestrinone; trenbolone; and 
275.25  any salt, ester, or ether of a drug or substance described in 
275.26  this paragraph.  Anabolic steroids are not included if they 
275.27  are:  (i) expressly intended for administration through implants 
275.28  to cattle or other nonhuman species; and (ii) approved by the 
275.29  United States Food and Drug Administration for that use. 
275.30     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
275.31  and applies to crimes committed on or after that date. 
275.32     Sec. 2.  Minnesota Statutes 2004, section 152.02, 
275.33  subdivision 5, is amended to read: 
275.34     Subd. 5.  [SCHEDULE IV.] (a) The following items are listed 
275.35  in Schedule IV:  Anabolic substances; Barbital; Butorphanol; 
275.36  Carisoprodol; Chloral betaine; Chloral hydrate; 
276.1   Chlordiazepoxide; Clonazepam; Clorazepate; Diazepam; 
276.2   Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine; 
276.3   Flurazepam; Mebutamate; Methohexital; Meprobamate except when in 
276.4   combination with the following drugs in the following or lower 
276.5   concentrations:  conjugated estrogens, 0.4 mg; tridihexethyl 
276.6   chloride, 25mg; pentaerythritol tetranitrate, 20 mg; 
276.7   Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; 
276.8   Petrichloral; Phenobarbital; and Phentermine.  
276.9      (b) For purposes of this subdivision, "anabolic substances" 
276.10  means the naturally occurring androgens or derivatives of 
276.11  androstane (androsterone and testosterone); testosterone and its 
276.12  esters, including, but not limited to, testosterone propionate, 
276.13  and its derivatives, including, but not limited to, 
276.14  methyltestosterone and growth hormones, except that anabolic 
276.15  substances are not included if they are:  (1) expressly intended 
276.16  for administration through implants to cattle or other nonhuman 
276.17  species; and (2) approved by the United States Food and Drug 
276.18  Administration for that use. 
276.19     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
276.20  and applies to crimes committed on or after that date. 
276.21     Sec. 3.  [171.175] [SUSPENSION; THEFT OF GASOLINE OFFENSE.] 
276.22     Subdivision 1.  [THEFT OF GASOLINE.] The commissioner of 
276.23  public safety shall suspend for 30 days the license of any 
276.24  person convicted or juvenile adjudicated delinquent for theft of 
276.25  gasoline under section 609.52, subdivision 2, clause (1).  
276.26     Subd. 2.  [DEFINITION.] For the purposes of this section, 
276.27  "gasoline" has the meaning given it in section 296A.01, 
276.28  subdivision 23.  
276.29     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
276.30  and applies to crimes committed on or after that date. 
276.31     Sec. 4.  Minnesota Statutes 2004, section 343.31, is 
276.32  amended to read: 
276.33     343.31 [ANIMAL FIGHTS PROHIBITED AND POSSESSION OF FIGHTING 
276.34  ANIMALS.] 
276.35     Subdivision 1.  [PENALTY FOR ANIMAL FIGHTING; ATTENDING 
276.36  ANIMAL FIGHT.] Any A person who: 
277.1      (1) promotes or, engages in, or is employed at in the 
277.2   activity of cockfighting, dogfighting, or violent pitting of one 
277.3   domestic animal against another of the same or a different kind; 
277.4   or 
277.5      (2) receives money for the admission of any a person to any 
277.6   a place used, or about to be used, for that activity; or 
277.7      (3) willfully permits any a person to enter or use for that 
277.8   activity premises of which the permitter is the owner, agent, or 
277.9   occupant; or 
277.10     (4) uses, trains, or possesses a dog or other animal for 
277.11  the purpose of participating in, engaging in, or promoting that 
277.12  activity 
277.13  is guilty of a felony.  Any A person who purchases a ticket of 
277.14  admission or otherwise gains admission to that activity is 
277.15  guilty of a misdemeanor. 
277.16     Subd. 2.  [PRESUMPTION OF TRAINING A FIGHTING DOG.] There 
277.17  is a rebuttable presumption that a dog has been trained or is 
277.18  being trained to fight if: 
277.19     (1) the dog exhibits fresh wounds, scarring, or other 
277.20  indications that the dog has been or will be used for fighting; 
277.21  or 
277.22     (2) the person possesses training apparatus, paraphernalia, 
277.23  or drugs known to be used to prepare dogs to be fought.  
277.24     This presumption may be rebutted by a preponderance of the 
277.25  evidence.  
277.26     Subd. 3.  [PRESUMPTION OF TRAINING FIGHTING BIRDS.] There 
277.27  is a rebuttable presumption that a bird has been trained or is 
277.28  being trained to fight if: 
277.29     (1) the bird exhibits fresh wounds, scarring, or other 
277.30  indications that the bird has been or will be used for fighting; 
277.31  or 
277.32     (2) the person possesses training apparatus, paraphernalia, 
277.33  or drugs known to be used to prepare birds to be fought.  
277.34     This presumption may be rebutted by a preponderance of the 
277.35  evidence.  
277.36     Subd. 4.  [PEACE OFFICER DUTIES.] Animals described in 
278.1   subdivisions 2 and 3 are dangerous weapons and constitute an 
278.2   immediate danger to the safety of humans.  A peace officer or 
278.3   animal control authority may remove, shelter, and care for an 
278.4   animal found in the circumstances described in subdivision 2 or 
278.5   3.  If necessary, a peace officer or animal control authority 
278.6   may deliver the animal to another person to be sheltered and 
278.7   cared for.  In all cases, the peace officer or animal control 
278.8   authority must immediately notify the owner, if known, as 
278.9   provided in subdivision 5.  The peace officer, animal control 
278.10  authority, or other person assuming care of the animal shall 
278.11  have a lien on it for the actual cost of care and keeping of the 
278.12  animal.  If the owner or custodian is unknown and cannot by 
278.13  reasonable effort be ascertained, or does not, within ten days 
278.14  after notice, redeem the animal by paying the expenses 
278.15  authorized by this subdivision, the animal may be disposed of as 
278.16  provided in subdivision 5. 
278.17     Subd. 5.  [DISPOSITION.] (a) An animal taken into custody 
278.18  under subdivision 4 may be humanely disposed of at the 
278.19  discretion of the jurisdiction having custody of the animal ten 
278.20  days after the animal is taken into custody, if the procedures 
278.21  in paragraph (c) are followed. 
278.22     (b) The owner of an animal taken into custody under 
278.23  subdivision 4 may prevent disposition of the animal by posting 
278.24  security in an amount sufficient to provide for the actual costs 
278.25  of care and keeping of the animal.  The security must be posted 
278.26  within ten days of the seizure inclusive of the date of the 
278.27  seizure.  If, however, a hearing is scheduled within ten days of 
278.28  the seizure, the security amount must be posted prior to the 
278.29  hearing. 
278.30     (c)(1) The authority taking custody of an animal under 
278.31  subdivision 4 must give notice of this section by delivering or 
278.32  mailing it to the owner of the animal, posting a copy of it at 
278.33  the place where the animal is taken into custody, or delivering 
278.34  it to a person residing on the property and telephoning, if 
278.35  possible.  The notice must include: 
278.36     (i) a description of the animal seized; the authority and 
279.1   purpose for the seizure; the time, place, and circumstances 
279.2   under which the animal was seized; and the location, address, 
279.3   and telephone number of a contact person who knows where the 
279.4   animal is kept; 
279.5      (ii) a statement that the owner of the animal may post 
279.6   security to prevent disposition of the animal and may request a 
279.7   hearing concerning the seizure and impoundment and that failure 
279.8   to do so within ten days of the date of the notice will result 
279.9   in disposition of the animal; and 
279.10     (iii) a statement that all actual costs of the care, 
279.11  keeping, and disposal of the animal are the responsibility of 
279.12  the owner of the animal, except to the extent that a court or 
279.13  hearing officer finds that the seizure or impoundment was not 
279.14  substantially justified by law.  The notice must also include a 
279.15  form that can be used by a person claiming an interest in the 
279.16  animal for requesting a hearing. 
279.17     (2) The owner may request a hearing within ten days of the 
279.18  date of the seizure.  If requested, a hearing must be held 
279.19  within five business days of the request to determine the 
279.20  validity of the impoundment.  The municipality taking custody of 
279.21  the animal or the municipality from which the animal was seized 
279.22  may either (i) authorize a licensed veterinarian with no 
279.23  financial interest in the matter or professional association 
279.24  with either party, or (ii) use the services of a hearing officer 
279.25  to conduct the hearing.  An owner may appeal the hearing 
279.26  officer's decision to the district court within five days of the 
279.27  notice of the decision. 
279.28     (3) The judge or hearing officer may authorize the return 
279.29  of the animal if the judge or hearing officer finds that (i) the 
279.30  animal is physically fit; (ii) the person claiming an interest 
279.31  in the animal can and will provide the care required by law for 
279.32  the animal; and (iii) the animal has not been used for violent 
279.33  pitting or fighting. 
279.34     (4) The person claiming an interest in the animal is liable 
279.35  for all actual costs of care, keeping, and disposal of the 
279.36  animal, except to the extent that a court or hearing officer 
280.1   finds that the seizure or impoundment was not substantially 
280.2   justified by law.  The costs must be paid in full or a mutually 
280.3   satisfactory arrangement for payment must be made between the 
280.4   municipality and the person claiming an interest in the animal 
280.5   before the return of the animal to the person. 
280.6      Subd. 6.  [PHOTOGRAPHS.] (a) Photographs of animals seized 
280.7   during an investigation are competent evidence if the 
280.8   photographs are admissible into evidence under all the rules of 
280.9   law governing the admissibility of photographs into evidence.  A 
280.10  satisfactorily identified photographic record is as admissible 
280.11  in evidence as the animal itself. 
280.12     (b) A photograph must be accompanied by a written 
280.13  description of the animals seized, the name of the owner of the 
280.14  animals seized, the date of the photograph, and the name, 
280.15  address, organization, and signature of the photographer. 
280.16     Subd. 7.  [VETERINARY INVESTIGATIVE REPORT.] (a) A report 
280.17  completed by a Minnesota licensed veterinarian following an 
280.18  examination of an animal seized during an investigation is 
280.19  competent evidence.  A satisfactorily identified veterinary 
280.20  investigative report is as admissible in evidence as the animal 
280.21  itself. 
280.22     (b) The veterinary investigative report may contain a 
280.23  written description of the animal seized, the medical evaluation 
280.24  of the physical findings, the prognosis for recovery, and the 
280.25  date of the examination and must contain the name, address, 
280.26  veterinary clinic, and signature of the veterinarian performing 
280.27  the examination. 
280.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
280.29  and applies to crimes committed on or after that date.  
280.30     Sec. 5.  Minnesota Statutes 2004, section 609.02, 
280.31  subdivision 16, is amended to read: 
280.32     Subd. 16.  [QUALIFIED DOMESTIC VIOLENCE-RELATED OFFENSE.] 
280.33  "Qualified domestic violence-related offense" includes the 
280.34  following offenses:  sections 518B.01, subdivision 14 (violation 
280.35  of domestic abuse order for protection); 609.221 (first-degree 
280.36  assault); 609.222 (second-degree assault); 609.223 (third-degree 
281.1   assault); 609.2231 (fourth-degree assault); 609.224 
281.2   (fifth-degree assault); 609.2242 (domestic assault); 609.2247 
281.3   (domestic assault by strangulation); 609.342 (first-degree 
281.4   criminal sexual conduct); 609.343 (second-degree criminal sexual 
281.5   conduct); 609.344 (third-degree criminal sexual conduct); 
281.6   609.345 (fourth-degree criminal sexual conduct); 609.377 
281.7   (malicious punishment of a child); 609.713 (terroristic 
281.8   threats); 609.748, subdivision 6 (violation of harassment 
281.9   restraining order); and 609.749 (harassment/stalking); and 
281.10  similar laws of other states, the United States, the District of 
281.11  Columbia, tribal lands, and United States territories. 
281.12     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
281.13  and applies to crimes committed on or after that date. 
281.14     Sec. 6.  Minnesota Statutes 2004, section 609.185, is 
281.15  amended to read: 
281.16     609.185 [MURDER IN THE FIRST DEGREE.] 
281.17     (a) Whoever does any of the following is guilty of murder 
281.18  in the first degree and shall be sentenced to imprisonment for 
281.19  life: 
281.20     (1) causes the death of a human being with premeditation 
281.21  and with intent to effect the death of the person or of another; 
281.22     (2) causes the death of a human being while committing or 
281.23  attempting to commit criminal sexual conduct in the first or 
281.24  second degree with force or violence, either upon or affecting 
281.25  the person or another; 
281.26     (3) causes the death of a human being with intent to effect 
281.27  the death of the person or another, while committing or 
281.28  attempting to commit burglary, aggravated robbery, kidnapping, 
281.29  arson in the first or second degree, a drive-by shooting, 
281.30  tampering with a witness in the first degree, escape from 
281.31  custody, or any felony violation of chapter 152 involving the 
281.32  unlawful sale of a controlled substance; 
281.33     (4) causes the death of a peace officer or a guard employed 
281.34  at a Minnesota state or local correctional facility, with intent 
281.35  to effect the death of that person or another, while the peace 
281.36  officer or guard is engaged in the performance of official 
282.1   duties; 
282.2      (5) causes the death of a minor while committing child 
282.3   abuse, when the perpetrator has engaged in a past pattern of 
282.4   child abuse upon the a child and the death occurs under 
282.5   circumstances manifesting an extreme indifference to human life; 
282.6      (6) causes the death of a human being while committing 
282.7   domestic abuse, when the perpetrator has engaged in a past 
282.8   pattern of domestic abuse upon the victim or upon another family 
282.9   or household member and the death occurs under circumstances 
282.10  manifesting an extreme indifference to human life; or 
282.11     (7) causes the death of a human being while committing, 
282.12  conspiring to commit, or attempting to commit a felony crime to 
282.13  further terrorism and the death occurs under circumstances 
282.14  manifesting an extreme indifference to human life. 
282.15     (b) For purposes of paragraph (a), clause (5), "child abuse"
282.16  means an act committed against a minor victim that constitutes a 
282.17  violation of the following laws of this state or any similar 
282.18  laws of the United States or any other state:  section 609.221; 
282.19  609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
282.20  609.345; 609.377; 609.378; or 609.713. 
282.21     (c) For purposes of paragraph (a), clause (6), "domestic 
282.22  abuse" means an act that: 
282.23     (1) constitutes a violation of section 609.221, 609.222, 
282.24  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
282.25  609.713, or any similar laws of the United States or any other 
282.26  state; and 
282.27     (2) is committed against the victim who is a family or 
282.28  household member as defined in section 518B.01, subdivision 2, 
282.29  paragraph (b). 
282.30     (d) For purposes of paragraph (a), clause (7), "further 
282.31  terrorism" has the meaning given in section 609.714, subdivision 
282.32  1. 
282.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
282.34  following final enactment and applies to crimes committed on or 
282.35  after that date. 
282.36     Sec. 7.  Minnesota Statutes 2004, section 609.2231, 
283.1   subdivision 3, is amended to read: 
283.2      Subd. 3.  [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS; AND 
283.3   SECURE TREATMENT FACILITY PERSONNEL.] (a) As used in this 
283.4   subdivision:  
283.5      (1) "correctional facility" has the meaning given in 
283.6   section 241.021, subdivision 1, paragraph (f); and 
283.7      (2) "secure treatment facility" has the meaning given in 
283.8   section 253B.02, subdivision 18a.  
283.9      (b) Whoever commits either of the following acts against an 
283.10  employee of a correctional facility as defined in section 
283.11  241.021, subdivision 1, paragraph (f), or against a probation 
283.12  officer or other qualified person employed in supervising 
283.13  offenders, or against an employee or other individual who 
283.14  provides care or treatment at a secure treatment facility, while 
283.15  the employee, officer, or person is engaged in the performance 
283.16  of a duty imposed by law, policy, or rule is guilty of a felony 
283.17  and may be sentenced to imprisonment for not more than two years 
283.18  or to payment of a fine of not more than $4,000, or both: 
283.19     (1) assaults the employee person and inflicts demonstrable 
283.20  bodily harm; or 
283.21     (2) intentionally throws or otherwise transfers bodily 
283.22  fluids or feces at or onto the employee person. 
283.23     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
283.24  and applies to crimes committed on or after that date. 
283.25     Sec. 8.  Minnesota Statutes 2004, section 609.2242, 
283.26  subdivision 3, is amended to read: 
283.27     Subd. 3.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
283.28  is convicted of a violation of this section or section 609.221, 
283.29  609.222, 609.223, or 609.224, or 609.2247, the court shall 
283.30  determine and make written findings on the record as to whether: 
283.31     (1) the assault was committed against a family or household 
283.32  member, as defined in section 518B.01, subdivision 2; 
283.33     (2) the defendant owns or possesses a firearm; and 
283.34     (3) the firearm was used in any way during the commission 
283.35  of the assault. 
283.36     (b) If the court determines that the assault was of a 
284.1   family or household member, and that the offender owns or 
284.2   possesses a firearm and used it in any way during the commission 
284.3   of the assault, it shall order that the firearm be summarily 
284.4   forfeited under section 609.5316, subdivision 3. 
284.5      (c) When a person is convicted of assaulting a family or 
284.6   household member and is determined by the court to have used a 
284.7   firearm in any way during commission of the assault, the court 
284.8   may order that the person is prohibited from possessing any type 
284.9   of firearm for any period longer than three years or for the 
284.10  remainder of the person's life.  A person who violates this 
284.11  paragraph is guilty of a gross misdemeanor.  At the time of the 
284.12  conviction, the court shall inform the defendant whether and for 
284.13  how long the defendant is prohibited from possessing a firearm 
284.14  and that it is a gross misdemeanor to violate this paragraph.  
284.15  The failure of the court to provide this information to a 
284.16  defendant does not affect the applicability of the firearm 
284.17  possession prohibition or the gross misdemeanor penalty to that 
284.18  defendant. 
284.19     (d) Except as otherwise provided in paragraph (c), when a 
284.20  person is convicted of a violation of this section or section 
284.21  609.224 and the court determines that the victim was a family or 
284.22  household member, the court shall inform the defendant that the 
284.23  defendant is prohibited from possessing a pistol for three years 
284.24  from the date of conviction and that it is a gross misdemeanor 
284.25  offense to violate this prohibition.  The failure of the court 
284.26  to provide this information to a defendant does not affect the 
284.27  applicability of the pistol possession prohibition or the gross 
284.28  misdemeanor penalty to that defendant. 
284.29     (e) Except as otherwise provided in paragraph (c), a person 
284.30  is not entitled to possess a pistol if the person has been 
284.31  convicted after August 1, 1992, of domestic assault under this 
284.32  section or assault in the fifth degree under section 609.224 and 
284.33  the assault victim was a family or household member as defined 
284.34  in section 518B.01, subdivision 2, unless three years have 
284.35  elapsed from the date of conviction and, during that time, the 
284.36  person has not been convicted of any other violation of this 
285.1   section or section 609.224.  Property rights may not be abated 
285.2   but access may be restricted by the courts.  A person who 
285.3   possesses a pistol in violation of this paragraph is guilty of a 
285.4   gross misdemeanor. 
285.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
285.6   and applies to crimes committed on or after that date. 
285.7      Sec. 9.  [609.2247] [DOMESTIC ASSAULT BY STRANGULATION.] 
285.8      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
285.9   the following terms have the meanings given. 
285.10     (b) "Family or household members" has the meaning given in 
285.11  section 518B.01, subdivision 2. 
285.12     (c) "Strangulation" means intentionally impeding normal 
285.13  breathing or circulation of the blood by applying pressure on 
285.14  the throat or neck or by blocking the nose or mouth of another 
285.15  person. 
285.16     Subd. 2.  [CRIME.] Unless a greater penalty is provided 
285.17  elsewhere, whoever assaults a family or household member by 
285.18  strangulation is guilty of a gross misdemeanor. 
285.19     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
285.20  and applies to crimes committed on or after that date. 
285.21     Sec. 10.  Minnesota Statutes 2004, section 609.229, 
285.22  subdivision 3, is amended to read: 
285.23     Subd. 3.  [PENALTY.] (a) If the crime committed in 
285.24  violation of subdivision 2 or 5 is a felony, the statutory 
285.25  maximum for the crime is five years longer than the statutory 
285.26  maximum for the underlying crime. 
285.27     (b) If the crime committed in violation of subdivision 2 or 
285.28  5 is a misdemeanor, the person is guilty of a gross misdemeanor. 
285.29     (c) If the crime committed in violation of subdivision 2 or 
285.30  5 is a gross misdemeanor, the person is guilty of a felony and 
285.31  may be sentenced to imprisonment for not more than three years 
285.32  or to payment of a fine of not more than $15,000, or both. 
285.33     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
285.34  and applies to crimes committed on or after that date. 
285.35     Sec. 11.  Minnesota Statutes 2004, section 609.229, is 
285.36  amended by adding a subdivision to read: 
286.1      Subd. 5.  [GANG MEMBER; CRIME AGAINST A CHILD.] (a) For 
286.2   purposes of this subdivision, "child" means an individual under 
286.3   18 years of age. 
286.4      (b) A person who is a member of a gang who commits a crime 
286.5   against a child is guilty of a crime and may be sentenced as 
286.6   provided in subdivision 3. 
286.7      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
286.8   and applies to crimes committed on or after that date. 
286.9      Sec. 12.  Minnesota Statutes 2004, section 609.233, 
286.10  subdivision 1, is amended to read: 
286.11     Subdivision 1.  [CRIME.] A caregiver or operator who 
286.12  intentionally neglects a vulnerable adult or knowingly permits 
286.13  conditions to exist that result in the abuse or neglect of a 
286.14  vulnerable adult is guilty of a gross misdemeanor criminal 
286.15  neglect and may be sentenced as provided in subdivision 3.  For 
286.16  purposes of this section, "abuse" has the meaning given in 
286.17  section 626.5572, subdivision 2, and "neglect" means a failure 
286.18  to provide a vulnerable adult with necessary food, clothing, 
286.19  shelter, health care, or supervision. 
286.20     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
286.21  and applies to crimes committed on or after that date. 
286.22     Sec. 13.  Minnesota Statutes 2004, section 609.233, is 
286.23  amended by adding a subdivision to read: 
286.24     Subd. 3.  [PENALTIES.] (a) A person who violates 
286.25  subdivision 1 may be sentenced as follows: 
286.26     (1) if neglect results in the death of a vulnerable adult, 
286.27  imprisonment for not more than ten years or payment of a fine of 
286.28  not more than $20,000, or both; 
286.29     (2) if neglect results in substantial bodily harm or the 
286.30  risk of death, imprisonment for not more than five years or 
286.31  payment of a fine of not more than $10,000, or both; or 
286.32     (3) in other cases, imprisonment for not more than one year 
286.33  or payment of a fine of not more than $3,000, or both. 
286.34     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
286.35  and applies to crimes committed on or after that date. 
286.36     Sec. 14.  Minnesota Statutes 2004, section 609.321, 
287.1   subdivision 12, is amended to read: 
287.2      Subd. 12.  [PUBLIC PLACE.] A "public place" means a public 
287.3   street or sidewalk, a pedestrian skyway system as defined in 
287.4   section 469.125, subdivision 4, a hotel, motel, or other place 
287.5   of public accommodation, or a place licensed to sell 
287.6   intoxicating liquor, wine, nonintoxicating malt beverages, or 
287.7   food, or a motor vehicle located on a public street, alley, or 
287.8   parking lot ordinarily used by or available to the public though 
287.9   not used as a matter of right and a driveway connecting such a 
287.10  parking lot with a street or highway.  
287.11     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
287.12  and applies to crimes committed on or after that date. 
287.13     Sec. 15.  Minnesota Statutes 2004, section 609.378, 
287.14  subdivision 1, is amended to read: 
287.15     Subdivision 1.  [PERSONS GUILTY OF NEGLECT OR 
287.16  ENDANGERMENT.] (a)  [NEGLECT.] (1) A parent, legal guardian, or 
287.17  caretaker who willfully deprives a child of necessary food, 
287.18  clothing, shelter, health care, or supervision appropriate to 
287.19  the child's age, when the parent, guardian, or caretaker is 
287.20  reasonably able to make the necessary provisions and the 
287.21  deprivation harms or is likely to substantially harm the child's 
287.22  physical, mental, or emotional health is guilty of neglect of a 
287.23  child and may be sentenced to imprisonment for not more than one 
287.24  year or to payment of a fine of not more than $3,000, or both.  
287.25  If the deprivation results in substantial harm to the child's 
287.26  physical, mental, or emotional health, the person may be 
287.27  sentenced to imprisonment for not more than five years or to 
287.28  payment of a fine of not more than $10,000, or both.  If a 
287.29  parent, guardian, or caretaker responsible for the child's care 
287.30  in good faith selects and depends upon spiritual means or prayer 
287.31  for treatment or care of disease or remedial care of the child, 
287.32  this treatment or care is "health care," for purposes of this 
287.33  clause. 
287.34     (2) A parent, legal guardian, or caretaker who knowingly 
287.35  permits the continuing physical or sexual abuse of a child is 
287.36  guilty of neglect of a child and may be sentenced to 
288.1   imprisonment for not more than one year or to payment of a fine 
288.2   of not more than $3,000, or both.  
288.3      (3) A parent, legal guardian, or caretaker who is 
288.4   responsible for a child who is eight years of age or younger 
288.5   shall not leave that child in a motor vehicle where the child is 
288.6   not supervised by a person who is at least 14 years of age, if: 
288.7      (i) the conditions present a risk to the child's health or 
288.8   safety; or 
288.9      (ii) the engine of the motor vehicle is running or the keys 
288.10  to the motor vehicle are anywhere in the passenger compartment 
288.11  of the vehicle. 
288.12  A person who violates this paragraph is guilty of neglect of a 
288.13  child and may be sentenced to imprisonment for not more than 90 
288.14  days or to payment of a fine of not more than $1,000, or both.  
288.15     (b)  [ENDANGERMENT.] A parent, legal guardian, or caretaker 
288.16  who endangers the child's person or health by: 
288.17     (1) intentionally or recklessly causing or permitting a 
288.18  child to be placed in a situation likely to substantially harm 
288.19  the child's physical, mental, or emotional health or cause the 
288.20  child's death; or 
288.21     (2) knowingly causing or permitting the child to be present 
288.22  where any person is selling, manufacturing, possessing immediate 
288.23  precursors or chemical substances with intent to manufacture, or 
288.24  possessing a controlled substance, as defined in section 152.01, 
288.25  subdivision 4, in violation of section 152.021, 152.022, 
288.26  152.023, or 152.024; is guilty of child endangerment and may be 
288.27  sentenced to imprisonment for not more than one year or to 
288.28  payment of a fine of not more than $3,000, or both.  
288.29     If the endangerment results in substantial harm to the 
288.30  child's physical, mental, or emotional health, the person may be 
288.31  sentenced to imprisonment for not more than five years or to 
288.32  payment of a fine of not more than $10,000, or both.  
288.33     This paragraph does not prevent a parent, legal guardian, 
288.34  or caretaker from causing or permitting a child to engage in 
288.35  activities that are appropriate to the child's age, stage of 
288.36  development, and experience, or from selecting health care as 
289.1   defined in subdivision 1, paragraph (a). 
289.2      (c)  [ENDANGERMENT BY FIREARM ACCESS.] A person who 
289.3   intentionally or recklessly causes a child under 14 years of age 
289.4   to be placed in a situation likely to substantially harm the 
289.5   child's physical health or cause the child's death as a result 
289.6   of the child's access to a loaded firearm is guilty of child 
289.7   endangerment and may be sentenced to imprisonment for not more 
289.8   than one year or to payment of a fine of not more than $3,000, 
289.9   or both. 
289.10     If the endangerment results in substantial harm to the 
289.11  child's physical health, the person may be sentenced to 
289.12  imprisonment for not more than five years or to payment of a 
289.13  fine of not more than $10,000, or both. 
289.14     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
289.15  and applies to crimes committed on or after that date. 
289.16     Sec. 16.  Minnesota Statutes 2004, section 609.487, is 
289.17  amended by adding a subdivision to read: 
289.18     Subd. 6.  [FLEEING, OTHER THAN VEHICLE.] Whoever, for the 
289.19  purpose of avoiding arrest, detention, or investigation, or in 
289.20  order to conceal or destroy potential evidence related to the 
289.21  commission of a crime, attempts to evade or elude a peace 
289.22  officer, who is acting in the lawful discharge of an official 
289.23  duty, by means of running, hiding, or by any other means except 
289.24  fleeing in a motor vehicle, is guilty of a misdemeanor. 
289.25     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
289.26  and applies to crimes committed on or after that date. 
289.27     Sec. 17.  Minnesota Statutes 2004, section 609.50, 
289.28  subdivision 1, is amended to read: 
289.29     Subdivision 1.  [CRIME.] Whoever intentionally does any of 
289.30  the following may be sentenced as provided in subdivision 2: 
289.31     (1) obstructs, hinders, or prevents the lawful execution of 
289.32  any legal process, civil or criminal, or apprehension of another 
289.33  on a charge or conviction of a criminal offense; 
289.34     (2) obstructs, resists, or interferes with a peace officer 
289.35  while the officer is engaged in the performance of official 
289.36  duties; 
290.1      (3) interferes with or obstructs the prevention or 
290.2   extinguishing of a fire, or disobeys the lawful order of a 
290.3   firefighter present at the fire; or 
290.4      (4) interferes with or obstructs a member of an ambulance 
290.5   service personnel crew, as defined in section 144E.001, 
290.6   subdivision 3a, who is providing, or attempting to provide, 
290.7   emergency care; or 
290.8      (5) by force or threat of force endeavors to obstruct any 
290.9   employee of the Department of Revenue while the employee is 
290.10  lawfully engaged in the performance of official duties for the 
290.11  purpose of deterring or interfering with the performance of 
290.12  those duties.  
290.13     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
290.14  and applies to crimes committed on or after that date. 
290.15     Sec. 18.  Minnesota Statutes 2004, section 609.505, is 
290.16  amended to read: 
290.17     609.505 [FALSELY REPORTING CRIME.] 
290.18     Subdivision 1.  [FALSE REPORTING.] Whoever informs a law 
290.19  enforcement officer that a crime has been committed or otherwise 
290.20  provides information to an on-duty peace officer regarding the 
290.21  conduct of others, knowing that it is false and intending that 
290.22  the officer shall act in reliance upon it, is guilty of a 
290.23  misdemeanor.  A person who is convicted a second or subsequent 
290.24  time under this section is guilty of a gross misdemeanor. 
290.25     Subd. 2.  [REPORTING POLICE MISCONDUCT.] (a) Whoever 
290.26  informs, or causes information to be communicated to, a public 
290.27  officer, as defined in section 609.415, subdivision 1, or an 
290.28  employee thereof, whose responsibilities include investigating 
290.29  or reporting police misconduct, that a peace officer, as defined 
290.30  in section 626.84, subdivision 1, paragraph (c), has committed 
290.31  an act of police misconduct, knowing that the information is 
290.32  false, is guilty of a crime and may be sentenced as follows: 
290.33     (1) up to the maximum provided for a misdemeanor if the 
290.34  false information does not allege a criminal act; or 
290.35     (2) up to the maximum provided for a gross misdemeanor if 
290.36  the false information alleges a criminal act. 
291.1      (b) The court shall order any person convicted of a 
291.2   violation of this subdivision to make full restitution of all 
291.3   reasonable expenses incurred in the investigation of the false 
291.4   allegation unless the court makes a specific written finding 
291.5   that restitution would be inappropriate under the 
291.6   circumstances.  A restitution award may not exceed $3,000. 
291.7      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
291.8   and applies to crimes committed on or after that date. 
291.9      Sec. 19.  Minnesota Statutes 2004, section 609.52, 
291.10  subdivision 2, is amended to read: 
291.11     Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
291.12  the following commits theft and may be sentenced as provided in 
291.13  subdivision 3: 
291.14     (1) intentionally and without claim of right takes, uses, 
291.15  transfers, conceals or retains possession of movable property of 
291.16  another without the other's consent and with intent to deprive 
291.17  the owner permanently of possession of the property; or 
291.18     (2) with or without having a legal interest in movable 
291.19  property, intentionally and without consent, takes the property 
291.20  out of the possession of a pledgee or other person having a 
291.21  superior right of possession, with intent thereby to deprive the 
291.22  pledgee or other person permanently of the possession of the 
291.23  property; or 
291.24     (3) obtains for the actor or another the possession, 
291.25  custody, or title to property of or performance of services by a 
291.26  third person by intentionally deceiving the third person with a 
291.27  false representation which is known to be false, made with 
291.28  intent to defraud, and which does defraud the person to whom it 
291.29  is made.  "False representation" includes without limitation: 
291.30     (i) the issuance of a check, draft, or order for the 
291.31  payment of money, except a forged check as defined in section 
291.32  609.631, or the delivery of property knowing that the actor is 
291.33  not entitled to draw upon the drawee therefor or to order the 
291.34  payment or delivery thereof; or 
291.35     (ii) a promise made with intent not to perform.  Failure to 
291.36  perform is not evidence of intent not to perform unless 
292.1   corroborated by other substantial evidence; or 
292.2      (iii) the preparation or filing of a claim for 
292.3   reimbursement, a rate application, or a cost report used to 
292.4   establish a rate or claim for payment for medical care provided 
292.5   to a recipient of medical assistance under chapter 256B, which 
292.6   intentionally and falsely states the costs of or actual services 
292.7   provided by a vendor of medical care; or 
292.8      (iv) the preparation or filing of a claim for reimbursement 
292.9   for providing treatment or supplies required to be furnished to 
292.10  an employee under section 176.135 which intentionally and 
292.11  falsely states the costs of or actual treatment or supplies 
292.12  provided; or 
292.13     (v) the preparation or filing of a claim for reimbursement 
292.14  for providing treatment or supplies required to be furnished to 
292.15  an employee under section 176.135 for treatment or supplies that 
292.16  the provider knew were medically unnecessary, inappropriate, or 
292.17  excessive; or 
292.18     (4) by swindling, whether by artifice, trick, device, or 
292.19  any other means, obtains property or services from another 
292.20  person; or 
292.21     (5) intentionally commits any of the acts listed in this 
292.22  subdivision but with intent to exercise temporary control only 
292.23  and: 
292.24     (i) the control exercised manifests an indifference to the 
292.25  rights of the owner or the restoration of the property to the 
292.26  owner; or 
292.27     (ii) the actor pledges or otherwise attempts to subject the 
292.28  property to an adverse claim; or 
292.29     (iii) the actor intends to restore the property only on 
292.30  condition that the owner pay a reward or buy back or make other 
292.31  compensation; or 
292.32     (6) finds lost property and, knowing or having reasonable 
292.33  means of ascertaining the true owner, appropriates it to the 
292.34  finder's own use or to that of another not entitled thereto 
292.35  without first having made reasonable effort to find the owner 
292.36  and offer and surrender the property to the owner; or 
293.1      (7) intentionally obtains property or services, offered 
293.2   upon the deposit of a sum of money or tokens in a coin or token 
293.3   operated machine or other receptacle, without making the 
293.4   required deposit or otherwise obtaining the consent of the 
293.5   owner; or 
293.6      (8) intentionally and without claim of right converts any 
293.7   article representing a trade secret, knowing it to be such, to 
293.8   the actor's own use or that of another person or makes a copy of 
293.9   an article representing a trade secret, knowing it to be such, 
293.10  and intentionally and without claim of right converts the same 
293.11  to the actor's own use or that of another person.  It shall be a 
293.12  complete defense to any prosecution under this clause for the 
293.13  defendant to show that information comprising the trade secret 
293.14  was rightfully known or available to the defendant from a source 
293.15  other than the owner of the trade secret; or 
293.16     (9) leases or rents personal property under a written 
293.17  instrument and who: 
293.18     (i) with intent to place the property beyond the control of 
293.19  the lessor conceals or aids or abets the concealment of the 
293.20  property or any part thereof; or 
293.21     (ii) sells, conveys, or encumbers the property or any part 
293.22  thereof without the written consent of the lessor, without 
293.23  informing the person to whom the lessee sells, conveys, or 
293.24  encumbers that the same is subject to such lease or rental 
293.25  contract with intent to deprive the lessor of possession 
293.26  thereof; or 
293.27     (iii) does not return the property to the lessor at the end 
293.28  of the lease or rental term, plus agreed upon extensions, with 
293.29  intent to wrongfully deprive the lessor of possession of the 
293.30  property; or 
293.31     (iv) returns the property to the lessor at the end of the 
293.32  lease or rental term, plus agreed upon extensions, but does not 
293.33  pay the lease or rental charges agreed upon in the written 
293.34  instrument, with intent to wrongfully deprive the lessor of the 
293.35  agreed upon charges.  
293.36  For the purposes of items (iii) and (iv), the value of the 
294.1   property must be at least $100. 
294.2   Evidence that a lessee used a false, fictitious, or not current 
294.3   name, address, or place of employment in obtaining the property 
294.4   or fails or refuses to return the property or pay the rental 
294.5   contract charges to lessor within five days after written demand 
294.6   for the return has been served personally in the manner provided 
294.7   for service of process of a civil action or sent by certified 
294.8   mail to the last known address of the lessee, whichever shall 
294.9   occur later, shall be evidence of intent to violate this 
294.10  clause.  Service by certified mail shall be deemed to be 
294.11  complete upon deposit in the United States mail of such demand, 
294.12  postpaid and addressed to the person at the address for the 
294.13  person set forth in the lease or rental agreement, or, in the 
294.14  absence of the address, to the person's last known place of 
294.15  residence; or 
294.16     (10) alters, removes, or obliterates numbers or symbols 
294.17  placed on movable property for purpose of identification by the 
294.18  owner or person who has legal custody or right to possession 
294.19  thereof with the intent to prevent identification, if the person 
294.20  who alters, removes, or obliterates the numbers or symbols is 
294.21  not the owner and does not have the permission of the owner to 
294.22  make the alteration, removal, or obliteration; or 
294.23     (11) with the intent to prevent the identification of 
294.24  property involved, so as to deprive the rightful owner of 
294.25  possession thereof, alters or removes any permanent serial 
294.26  number, permanent distinguishing number or manufacturer's 
294.27  identification number on personal property or possesses, sells 
294.28  or buys any personal property knowing or having reason to know 
294.29  that the permanent serial number, permanent distinguishing 
294.30  number or manufacturer's identification number has been removed 
294.31  or altered; or 
294.32     (12) intentionally deprives another of a lawful charge for 
294.33  cable television service by: 
294.34     (i) making or using or attempting to make or use an 
294.35  unauthorized external connection outside the individual dwelling 
294.36  unit whether physical, electrical, acoustical, inductive, or 
295.1   other connection; or by 
295.2      (ii) attaching any unauthorized device to any cable, wire, 
295.3   microwave, or other component of a licensed cable communications 
295.4   system as defined in chapter 238.  Nothing herein shall be 
295.5   construed to prohibit the electronic video rerecording of 
295.6   program material transmitted on the cable communications system 
295.7   by a subscriber for fair use as defined by Public Law 94-553, 
295.8   section 107; or 
295.9      (13) except as provided in paragraphs (12) and (14), 
295.10  obtains the services of another with the intention of receiving 
295.11  those services without making the agreed or reasonably expected 
295.12  payment of money or other consideration; or 
295.13     (14) intentionally deprives another of a lawful charge for 
295.14  telecommunications service by:  
295.15     (i) making, using, or attempting to make or use an 
295.16  unauthorized connection whether physical, electrical, by wire, 
295.17  microwave, radio, or other means to a component of a local 
295.18  telecommunication system as provided in chapter 237; or 
295.19     (ii) attaching an unauthorized device to a cable, wire, 
295.20  microwave, radio, or other component of a local 
295.21  telecommunication system as provided in chapter 237.  
295.22     The existence of an unauthorized connection is prima facie 
295.23  evidence that the occupier of the premises:  
295.24     (i) made or was aware of the connection; and 
295.25     (ii) was aware that the connection was unauthorized; or 
295.26     (15) with intent to defraud, diverts corporate property 
295.27  other than in accordance with general business purposes or for 
295.28  purposes other than those specified in the corporation's 
295.29  articles of incorporation; or 
295.30     (16) with intent to defraud, authorizes or causes a 
295.31  corporation to make a distribution in violation of section 
295.32  302A.551, or any other state law in conformity with it; or 
295.33     (17) takes or drives a motor vehicle without the consent of 
295.34  the owner or an authorized agent of the owner, knowing or having 
295.35  reason to know that the owner or an authorized agent of the 
295.36  owner did not give consent. 
296.1      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
296.2   and applies to crimes committed on or after that date. 
296.3      Sec. 20.  Minnesota Statutes 2004, section 609.527, 
296.4   subdivision 1, is amended to read: 
296.5      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
296.6   the following terms have the meanings given them in this 
296.7   subdivision. 
296.8      (b) "Direct victim" means any person or entity described in 
296.9   section 611A.01, paragraph (b), whose identity has been 
296.10  transferred, used, or possessed in violation of this section. 
296.11     (c) "False pretense" means any false, fictitious, 
296.12  misleading, or fraudulent information or pretense or pretext 
296.13  depicting or including or deceptively similar to the name, logo, 
296.14  Web site address, e-mail address, postal address, telephone 
296.15  number, or any other identifying information of a for-profit or 
296.16  not-for-profit business or organization or of a government 
296.17  agency, to which the user has no legitimate claim of right. 
296.18     (d) "Identity" means any name, number, or data transmission 
296.19  that may be used, alone or in conjunction with any other 
296.20  information, to identify a specific individual or entity, 
296.21  including any of the following: 
296.22     (1) a name, Social Security number, date of birth, official 
296.23  government-issued driver's license or identification number, 
296.24  government passport number, or employer or taxpayer 
296.25  identification number; 
296.26     (2) unique electronic identification number, address, 
296.27  account number, or routing code; or 
296.28     (3) telecommunication identification information or access 
296.29  device. 
296.30     (d) (e) "Indirect victim" means any person or entity 
296.31  described in section 611A.01, paragraph (b), other than a direct 
296.32  victim. 
296.33     (e) (f) "Loss" means value obtained, as defined in section 
296.34  609.52, subdivision 1, clause (3), and expenses incurred by a 
296.35  direct or indirect victim as a result of a violation of this 
296.36  section. 
297.1      (f) (g) "Unlawful activity" means: 
297.2      (1) any felony violation of the laws of this state or any 
297.3   felony violation of a similar law of another state or the United 
297.4   States; and 
297.5      (2) any nonfelony violation of the laws of this state 
297.6   involving theft, theft by swindle, forgery, fraud, or giving 
297.7   false information to a public official, or any nonfelony 
297.8   violation of a similar law of another state or the United States.
297.9      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
297.10  and applies to crimes committed on or after that date. 
297.11     Sec. 21.  Minnesota Statutes 2004, section 609.527, 
297.12  subdivision 3, is amended to read: 
297.13     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
297.14  may be sentenced as follows: 
297.15     (1) if the offense involves a single direct victim and the 
297.16  total, combined loss to the direct victim and any indirect 
297.17  victims is $250 or less, the person may be sentenced as provided 
297.18  in section 609.52, subdivision 3, clause (5); 
297.19     (2) if the offense involves a single direct victim and the 
297.20  total, combined loss to the direct victim and any indirect 
297.21  victims is more than $250 but not more than $500, the person may 
297.22  be sentenced as provided in section 609.52, subdivision 3, 
297.23  clause (4); 
297.24     (3) if the offense involves two or three direct victims or 
297.25  the total, combined loss to the direct and indirect victims is 
297.26  more than $500 but not more than $2,500, the person may be 
297.27  sentenced as provided in section 609.52, subdivision 3, clause 
297.28  (3); 
297.29     (4) if the offense involves more than three but not more 
297.30  than seven direct victims, or if the total combined loss to the 
297.31  direct and indirect victims is more than $2,500, the person may 
297.32  be sentenced as provided in section 609.52, subdivision 3, 
297.33  clause (2); and 
297.34     (5) if the offense involves eight or more direct victims,; 
297.35  or if the total, combined loss to the direct and indirect 
297.36  victims is more than $35,000,; or if the offense is related to 
298.1   possession or distribution of pornographic work in violation of 
298.2   section 617.246 or 617.247; the person may be sentenced as 
298.3   provided in section 609.52, subdivision 3, clause (1). 
298.4      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
298.5   and applies to crimes committed on or after that date. 
298.6      Sec. 22.  Minnesota Statutes 2004, section 609.527, 
298.7   subdivision 4, is amended to read: 
298.8      Subd. 4.  [RESTITUTION; ITEMS PROVIDED TO VICTIM.] (a) A 
298.9   direct or indirect victim of an identity theft crime shall be 
298.10  considered a victim for all purposes, including any rights that 
298.11  accrue under chapter 611A and rights to court-ordered 
298.12  restitution. 
298.13     (b) The court shall order a person convicted of violating 
298.14  subdivision 2 to pay restitution of not less than $1,000 to each 
298.15  direct victim of the offense. 
298.16     (c) Upon the written request of a direct victim or the 
298.17  prosecutor setting forth with specificity the facts and 
298.18  circumstances of the offense in a proposed order, the court 
298.19  shall provide to the victim, without cost, a certified copy of 
298.20  the complaint filed in the matter, the judgment of conviction, 
298.21  and an order setting forth the facts and circumstances of the 
298.22  offense. 
298.23     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
298.24  and applies to crimes committed on or after that date. 
298.25     Sec. 23.  Minnesota Statutes 2004, section 609.527, is 
298.26  amended by adding a subdivision to read: 
298.27     Subd. 5a.  [CRIME OF ELECTRONIC USE OF FALSE PRETENSE TO 
298.28  OBTAIN IDENTITY.] (a) A person who, with intent to obtain the 
298.29  identity of another, uses a false pretense in an e-mail to 
298.30  another person or in a Web page, electronic communication, 
298.31  advertisement, or any other communication on the Internet, is 
298.32  guilty of a crime. 
298.33     (b) Whoever commits such offense may be sentenced to 
298.34  imprisonment for not more than five years or to payment of a 
298.35  fine of not more than $10,000, or both. 
298.36     (c) In a prosecution under this subdivision, it is not a 
299.1   defense that: 
299.2      (1) the person committing the offense did not obtain the 
299.3   identity of another; 
299.4      (2) the person committing the offense did not use the 
299.5   identity; or 
299.6      (3) the offense did not result in financial loss or any 
299.7   other loss to any person. 
299.8      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
299.9   and applies to crimes committed on or after that date. 
299.10     Sec. 24.  Minnesota Statutes 2004, section 609.527, 
299.11  subdivision 6, is amended to read: 
299.12     Subd. 6.  [VENUE.] Notwithstanding anything to the contrary 
299.13  in section 627.01, an offense committed under subdivision 2 or 
299.14  5a may be prosecuted in: 
299.15     (1) the county where the offense occurred; or 
299.16     (2) the county of residence or place of business of the 
299.17  direct victim or indirect victim; or 
299.18     (3) in the case of a violation of subdivision 5a, the 
299.19  county of residence of the person whose identity was obtained or 
299.20  sought. 
299.21     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
299.22  and applies to crimes committed on or after that date. 
299.23     Sec. 25.  Minnesota Statutes 2004, section 609.605, 
299.24  subdivision 1, is amended to read: 
299.25     Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
299.26  the meanings given them for purposes of this section. 
299.27     (i) "Premises" means real property and any appurtenant 
299.28  building or structure. 
299.29     (ii) "Dwelling" means the building or part of a building 
299.30  used by an individual as a place of residence on either a 
299.31  full-time or a part-time basis.  A dwelling may be part of a 
299.32  multidwelling or multipurpose building, or a manufactured home 
299.33  as defined in section 168.011, subdivision 8. 
299.34     (iii) "Construction site" means the site of the 
299.35  construction, alteration, painting, or repair of a building or 
299.36  structure. 
300.1      (iv) "Owner or lawful possessor," as used in paragraph (b), 
300.2   clause (9), means the person on whose behalf a building or 
300.3   dwelling is being constructed, altered, painted, or repaired and 
300.4   the general contractor or subcontractor engaged in that work. 
300.5      (v) "Posted," as used: 
300.6      (A) in clause (9), means the placement of a sign at least 
300.7   11 inches square in a conspicuous place on the exterior of the 
300.8   building that is under construction, alteration, or repair, and 
300.9   additional signs in at least two conspicuous places for each ten 
300.10  acres being protected.  The sign must carry an appropriate 
300.11  notice and the name of the person giving the notice, followed by 
300.12  the word "owner" if the person giving the notice is the holder 
300.13  of legal title to the land on which the construction site is 
300.14  located or by the word "occupant" if the person giving the 
300.15  notice is not the holder of legal title but is a lawful occupant 
300.16  of the land; and 
300.17     (B) in clause (10), means the placement of signs that: 
300.18     (I) state "no trespassing" or similar terms; 
300.19     (II) display letters at least two inches high; 
300.20     (III) state that Minnesota law prohibits trespassing on the 
300.21  property; and 
300.22     (IV) are posted in a conspicuous place and at intervals of 
300.23  500 feet or less. 
300.24     (vi) "Business licensee," as used in paragraph (b), clause 
300.25  (9), includes a representative of a building trades labor or 
300.26  management organization. 
300.27     (vii) "Building" has the meaning given in section 609.581, 
300.28  subdivision 2. 
300.29     (b) A person is guilty of a misdemeanor if the person 
300.30  intentionally: 
300.31     (1) permits domestic animals or fowls under the actor's 
300.32  control to go on the land of another within a city; 
300.33     (2) interferes unlawfully with a monument, sign, or pointer 
300.34  erected or marked to designate a point of a boundary, line or a 
300.35  political subdivision, or of a tract of land; 
300.36     (3) trespasses on the premises of another and, without 
301.1   claim of right, refuses to depart from the premises on demand of 
301.2   the lawful possessor; 
301.3      (4) occupies or enters the dwelling or locked or posted 
301.4   building of another, without claim of right or consent of the 
301.5   owner or the consent of one who has the right to give consent, 
301.6   except in an emergency situation; 
301.7      (5) enters the premises of another with intent to take or 
301.8   injure any fruit, fruit trees, or vegetables growing on the 
301.9   premises, without the permission of the owner or occupant; 
301.10     (6) enters or is found on the premises of a public or 
301.11  private cemetery without authorization during hours the cemetery 
301.12  is posted as closed to the public; 
301.13     (7) returns to the property of another with the intent to 
301.14  abuse, disturb, or cause distress in or threaten another, after 
301.15  being told to leave the property and not to return, if the actor 
301.16  is without claim of right to the property or consent of one with 
301.17  authority to consent; 
301.18     (8) returns to the property of another within 30 days one 
301.19  year after being told to leave the property and not to return, 
301.20  if the actor is without claim of right to the property or 
301.21  consent of one with authority to consent; or 
301.22     (9) enters the locked or posted construction site of 
301.23  another without the consent of the owner or lawful possessor, 
301.24  unless the person is a business licensee; or 
301.25     (10) enters the locked or posted aggregate mining site of 
301.26  another without the consent of the owner or lawful possessor, 
301.27  unless the person is a business licensee. 
301.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
301.29  and applies to crimes committed on or after that date. 
301.30     Sec. 26.  Minnesota Statutes 2004, section 609.605, 
301.31  subdivision 4, is amended to read: 
301.32     Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
301.33  misdemeanor for a person to enter or be found in a public or 
301.34  nonpublic elementary, middle, or secondary school building 
301.35  unless the person: 
301.36     (1) is an enrolled student in, a parent or guardian of an 
302.1   enrolled student in, or an employee of the school or school 
302.2   district; 
302.3      (2) has permission or an invitation from a school official 
302.4   to be in the building; 
302.5      (3) is attending a school event, class, or meeting to which 
302.6   the person, the public, or a student's family is invited; or 
302.7      (4) has reported the person's presence in the school 
302.8   building in the manner required for visitors to the school. 
302.9      (b) It is a gross misdemeanor for a group of three or more 
302.10  persons to enter or be found in a public or nonpublic 
302.11  elementary, middle, or secondary school building unless one of 
302.12  the persons: 
302.13     (1) is an enrolled student in, a parent or guardian of an 
302.14  enrolled student in, or an employee of the school or school 
302.15  district; 
302.16     (2) has permission or an invitation from a school official 
302.17  to be in the building; 
302.18     (3) is attending a school event, class, or meeting to which 
302.19  the person, the public, or a student's family is invited; or 
302.20     (4) has reported the person's presence in the school 
302.21  building in the manner required for visitors to the school. 
302.22     (c) It is a misdemeanor for a person to enter or be found 
302.23  on school property within six months one year after being told 
302.24  by the school principal or the principal's designee to leave the 
302.25  property and not to return, unless the principal or the 
302.26  principal's designee has given the person permission to return 
302.27  to the property.  As used in this paragraph, "school property" 
302.28  has the meaning given in section 152.01, subdivision 14a, 
302.29  clauses (1) and (3). 
302.30     (d) A school principal or a school employee designated by 
302.31  the school principal to maintain order on school property, who 
302.32  has reasonable cause to believe that a person is violating this 
302.33  subdivision may detain the person in a reasonable manner for a 
302.34  reasonable period of time pending the arrival of a peace 
302.35  officer.  A school principal or designated school employee is 
302.36  not civilly or criminally liable for any action authorized under 
303.1   this paragraph if the person's action is based on reasonable 
303.2   cause. 
303.3      (e) A peace officer may arrest a person without a warrant 
303.4   if the officer has probable cause to believe the person violated 
303.5   this subdivision within the preceding four hours.  The arrest 
303.6   may be made even though the violation did not occur in the peace 
303.7   officer's presence. 
303.8      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
303.9   and applies to crimes committed on or after that date. 
303.10     Sec. 27.  Minnesota Statutes 2004, section 609.763, 
303.11  subdivision 3, is amended to read: 
303.12     Subd. 3.  [AGGREGATION; JURISDICTION.] In a prosecution 
303.13  under this section, the dollar amounts obtained involved in 
303.14  violation of subdivision 1 within any 12-month period may be 
303.15  aggregated and the defendant charged accordingly.  When two or 
303.16  more offenses are committed by the same person in two or more 
303.17  counties, the defendant may be prosecuted in any county in which 
303.18  one of the offenses was committed for all of the offenses 
303.19  aggregated under this subdivision. 
303.20     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
303.21  and applies to crimes committed on or after that date. 
303.22     Sec. 28.  [609.849] [RAILROAD THAT OBSTRUCTS TREATMENT OF 
303.23  AN INJURED WORKER.] 
303.24     (a) It shall be unlawful for a railroad or person employed 
303.25  by a railroad to: 
303.26     (1) deny, delay, or interfere with medical treatment or 
303.27  first aid treatment to an employee of a railroad who has been 
303.28  injured during employment; or 
303.29     (2) discipline or threaten to discipline an employee of a 
303.30  railroad who has been injured during employment for requesting 
303.31  medical treatment or first aid treatment. 
303.32     (b) A railroad or a person who violates paragraph (a), 
303.33  clause (1) or (2), shall be fined not more than $10,000 for each 
303.34  violation. 
303.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
303.36  and applies to crimes committed on or after that date. 
304.1      Sec. 29.  [609.896] [CRIMINAL USE OF REAL PROPERTY.] 
304.2      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
304.3   section, the following terms have the meanings given them. 
304.4      (a) "Audiovisual recording function" means the capability 
304.5   of a device to record or transmit a motion picture or any part 
304.6   of a motion picture by means of any technology now known or 
304.7   later developed. 
304.8      (b) "Convicted" includes a conviction for a similar offense 
304.9   under the law of another state or the federal government. 
304.10     (c) "Motion picture theater" means a movie theater, 
304.11  screening room, or other venue when used primarily for the 
304.12  exhibition of a motion picture. 
304.13     Subd. 2.  [CRIME.] (a) Any person in a motion picture 
304.14  theater while a motion picture is being exhibited who knowingly 
304.15  operates an audiovisual recording function of a device without 
304.16  the consent of the owner or lessee of the motion picture theater 
304.17  is guilty of criminal use of real property. 
304.18     (b) If a person is convicted of a first offense, it is a 
304.19  misdemeanor. 
304.20     (c) If a person is convicted of a second offense, it is a 
304.21  gross misdemeanor. 
304.22     (d) If a person is convicted of a third or subsequent 
304.23  offense, it is a felony and the person may be sentenced to 
304.24  imprisonment for not more than two years or to payment of a fine 
304.25  of not more than $4,000, or both. 
304.26     Subd. 3.  [DETAINING SUSPECTS.] An owner or lessee of a 
304.27  motion picture theater is a merchant for purposes of section 
304.28  629.366. 
304.29     Subd. 4.  [EXCEPTION.] This section does not prevent any 
304.30  lawfully authorized investigative, law enforcement protective, 
304.31  or intelligence gathering employee or agent of the state or 
304.32  federal government from operating any audiovisual recording 
304.33  device in a motion picture theater where a motion picture is 
304.34  being exhibited, as part of lawfully authorized investigative, 
304.35  law enforcement protective, or intelligence gathering activities.
304.36     Subd. 5.  [NOT PRECLUDE ALTERNATIVE PROSECUTION.] Nothing 
305.1   in this section prevents prosecution under any other provision 
305.2   of law. 
305.3      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
305.4   and applies to crimes committed on or after that date. 
305.5      Sec. 30.  [CRIMINAL PROPERTY OFFENSE MONETARY THRESHOLD 
305.6   COMMITTEE.] 
305.7      Subdivision 1.  [ESTABLISHMENT; DUTIES.] A Criminal 
305.8   Property Offense Monetary Threshold Committee is established to 
305.9   study and propose adjusting threshold dollar amounts of property 
305.10  crimes.  The committee shall identify the property crimes in 
305.11  addition to theft, as defined in Minnesota Statutes, section 
305.12  609.52, that contain threshold dollar amounts that require 
305.13  revision.  In determining how much property crime threshold 
305.14  dollar amounts should be revised, the committee shall take into 
305.15  consideration the Consumer Price Index for urban, suburban, and 
305.16  rural consumers in Minnesota, and any other historical and 
305.17  economic factors relevant to a rational and proportionate 
305.18  adjustment of thresholds. 
305.19     Subd. 2.  [RESOURCES.] The committee may use legislative 
305.20  staff to provide legal counsel, research, and secretarial and 
305.21  clerical assistance.  The Sentencing Guidelines Commission, 
305.22  Department of Corrections, and state court administrator shall 
305.23  provide technical assistance to the committee on request. 
305.24     Subd. 3.  [MEMBERSHIP.] The committee consists of: 
305.25     (1) three senators, no more than two of whom are from the 
305.26  same political party, appointed by the senate Subcommittee on 
305.27  Committees of the Committee on Rules and Administration and 
305.28  three members of the house of representatives, no more than two 
305.29  of whom are from the same political party, appointed by the 
305.30  speaker; 
305.31     (2) representatives from each of the following groups 
305.32  appointed by the chairs of the senate Committee on Crime 
305.33  Prevention and Public Safety and the house Public Safety and 
305.34  Finance Committee: 
305.35     (i) crime victim advocates; 
305.36     (ii) county attorneys; 
306.1      (iii) city attorneys; 
306.2      (iv) professors of law with expertise in criminal justice; 
306.3      (v) district court judges; 
306.4      (vi) criminal defense attorneys; 
306.5      (vii) probation officers; and 
306.6      (viii) public members who are victims of crime; and 
306.7      (3) the state court administrator who shall chair the group.
306.8      Subd. 4.  [RECOMMENDATIONS.] The committee shall present 
306.9   the legislature with dollar threshold adjustment recommendations 
306.10  in the form of a bill that amends the property crime statutes it 
306.11  has identified as in need of revision no later than January 15, 
306.12  2006.  The bill shall be presented to the chair of the senate 
306.13  Crime Prevention and Public Safety Committee and house Public 
306.14  Safety and Finance Committee. 
306.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
306.16                             ARTICLE 18
306.17                   DWI AND TRAFFIC SAFETY POLICY
306.18     Section 1.  Minnesota Statutes 2004, section 169.06, is 
306.19  amended by adding a subdivision to read: 
306.20     Subd. 5b.  [POSSESSION OF OVERRIDE DEVICE.] (a) For 
306.21  purposes of this subdivision, "traffic signal-override device" 
306.22  means a device located in a motor vehicle that permits 
306.23  activation of a traffic signal-override system described in 
306.24  subdivision 5a. 
306.25     (b) No person may operate a motor vehicle that contains a 
306.26  traffic signal-override device, other than: 
306.27     (1) an authorized emergency vehicle described in section 
306.28  169.01, subdivision 5, clause (1), (2), or (3); 
306.29     (2) a vehicle, including a rail vehicle, engaged in 
306.30  providing bus rapid transit service or light rail transit 
306.31  service; 
306.32     (3) a signal maintenance vehicle of a road authority; or 
306.33     (4) a vehicle authorized to contain such a device by order 
306.34  of the commissioner of public safety. 
306.35     (c) No person may possess a traffic signal-override device, 
306.36  other than: 
307.1      (1) a person authorized to operate a vehicle described in 
307.2   paragraph (b), clauses (1) and (2), but only for use in that 
307.3   vehicle; 
307.4      (2) a person authorized by a road authority to perform 
307.5   signal maintenance, while engaged in such maintenance; or 
307.6      (3) a person authorized by order of the commissioner of 
307.7   public safety to possess a traffic signal-override device, but 
307.8   only to the extent authorized in the order. 
307.9      (d) A violation of this subdivision is a misdemeanor. 
307.10     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
307.11  and applies to crimes committed on or after that date. 
307.12     Sec. 2.  Minnesota Statutes 2004, section 169.685, 
307.13  subdivision 5, is amended to read: 
307.14     Subd. 5.  [VIOLATION; PETTY MISDEMEANOR.] (a) Every motor 
307.15  vehicle operator, when transporting a child under the age 
307.16  of four five from January 1, 2006, to December 31, 2006, six 
307.17  from January 1, 2007, to December 31, 2007, and seven on and 
307.18  after January 1, 2008, on the streets and highways of this state 
307.19  in a motor vehicle equipped with factory-installed seat belts, 
307.20  shall equip and install for use in the motor vehicle, according 
307.21  to the manufacturer's instructions, a child passenger restraint 
307.22  system meeting federal motor vehicle safety standards.  
307.23     (b) No motor vehicle operator who is operating a motor 
307.24  vehicle on the streets and highways of this state may transport 
307.25  a child under the age of four five from January 1, 2006, to 
307.26  December 31, 2006, six from January 1, 2007, to December 31, 
307.27  2007, and seven on and after January 1, 2008, in a seat of a 
307.28  motor vehicle equipped with a factory-installed seat belt, 
307.29  unless the child is properly fastened in the child passenger 
307.30  restraint system.  The driver of a vehicle additionally shall 
307.31  restrain children under the age of seven as follows: 
307.32     (1) a child less than one year of age weighing less than 20 
307.33  pounds must be properly restrained in a rear-facing child 
307.34  restraint system; 
307.35     (2) a child under the age of seven must sit in the back 
307.36  seat unless the vehicle has no forward-facing back seat, all 
308.1   seating positions in the back are being used by children under 
308.2   the age of seven, or the child restraint cannot properly be 
308.3   installed in the back seat; and 
308.4      (3) a child under the age of seven may wear a lap-only seat 
308.5   belt in the rear seat if there are no shoulder belts in the back 
308.6   seat or if all the shoulder belts in the back seat are being 
308.7   used by children under the age of 16. 
308.8      (c) An operator of a pickup truck or sports utility vehicle 
308.9   who transports a child under the age of seven on the streets and 
308.10  highways of this state at a speed greater than 15 miles per hour 
308.11  shall transport the child within the vehicle's passenger 
308.12  compartment. 
308.13     (d) Any motor vehicle operator who violates this 
308.14  subdivision is guilty of a petty misdemeanor and may be 
308.15  sentenced to pay a fine of not more than $50.  The fine for the 
308.16  first violation and any surcharge thereon may be waived or the 
308.17  amount reduced if the motor vehicle operator produces evidence 
308.18  that within 14 days after the date of the violation a child 
308.19  passenger restraint system meeting federal motor vehicle safety 
308.20  standards was purchased or obtained for the exclusive use of the 
308.21  operator.  
308.22     (c) The fines collected for violations of this subdivision 
308.23  must be deposited in the state treasury and credited to a 
308.24  special account to be known as the Minnesota child passenger 
308.25  restraint and education account. 
308.26     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2006.
308.27     Sec. 3.  Minnesota Statutes 2004, section 169A.275, 
308.28  subdivision 1, is amended to read: 
308.29     Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
308.30  sentence a person who is convicted of a violation of section 
308.31  169A.20 (driving while impaired) within ten years of a qualified 
308.32  prior impaired driving incident to either:  
308.33     (1) a minimum of 30 days of incarceration, at least 48 
308.34  hours of which must be served consecutively in a local 
308.35  correctional facility; or 
308.36     (2) eight hours of community work service for each day less 
309.1   than 30 days that the person is ordered to serve in a local 
309.2   correctional facility.  
309.3   Notwithstanding section 609.135 (stay of imposition or execution 
309.4   of sentence), the penalties in this paragraph must be executed, 
309.5   unless the court departs from the mandatory minimum sentence 
309.6   under paragraph (b) or (c). 
309.7      (b) Prior to sentencing, the prosecutor may file a motion 
309.8   to have a defendant described in paragraph (a) sentenced without 
309.9   regard to the mandatory minimum sentence established by that 
309.10  paragraph.  The motion must be accompanied by a statement on the 
309.11  record of the reasons for it.  When presented with the 
309.12  prosecutor's motion and if it finds that substantial mitigating 
309.13  factors exist, the court shall sentence the defendant without 
309.14  regard to the mandatory minimum sentence established by 
309.15  paragraph (a).  
309.16     (c) The court may, on its own motion, sentence a defendant 
309.17  described in paragraph (a) without regard to the mandatory 
309.18  minimum sentence established by that paragraph if it finds that 
309.19  substantial mitigating factors exist and if its sentencing 
309.20  departure is accompanied by a statement on the record of the 
309.21  reasons for it.  The court also may sentence the defendant 
309.22  without regard to the mandatory minimum sentence established by 
309.23  paragraph (a) if the defendant is sentenced to probation and 
309.24  ordered to participate in a program established under section 
309.25  169A.74 (pilot programs of intensive probation for repeat DWI 
309.26  offenders). 
309.27     (d) When any portion of the sentence required by paragraph 
309.28  (a) is not executed, the court should impose a sentence that is 
309.29  proportional to the extent of the offender's prior criminal and 
309.30  moving traffic violation record.  Any sentence required under 
309.31  paragraph (a) must include a mandatory sentence that is not 
309.32  subject to suspension or a stay of imposition or execution, and 
309.33  that includes incarceration for not less than 48 consecutive 
309.34  hours or at least 80 hours of community work service. 
309.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
309.36  and applies to crimes committed on or after that date. 
310.1      Sec. 4.  Minnesota Statutes 2004, section 169A.52, 
310.2   subdivision 4, is amended to read: 
310.3      Subd. 4.  [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 
310.4   certification by the peace officer that there existed probable 
310.5   cause to believe the person had been driving, operating, or in 
310.6   physical control of a motor vehicle in violation of section 
310.7   169A.20 (driving while impaired) and that the person submitted 
310.8   to a test and the test results indicate an alcohol concentration 
310.9   of 0.08 or more or the presence of a controlled substance listed 
310.10  in schedule I or II, other than marijuana or 
310.11  tetrahydrocannabinols, then the commissioner shall revoke the 
310.12  person's license or permit to drive, or nonresident operating 
310.13  privilege: 
310.14     (1) for a period of 90 days; 
310.15     (2) if the person is under the age of 21 years, for a 
310.16  period of six months; 
310.17     (3) for a person with a qualified prior impaired driving 
310.18  incident within the past ten years, for a period of 180 days; or 
310.19     (4) if the test results indicate an alcohol concentration 
310.20  of 0.20 or more, for twice the applicable period in clauses (1) 
310.21  to (3). 
310.22     (b) On certification by the peace officer that there 
310.23  existed probable cause to believe the person had been driving, 
310.24  operating, or in physical control of a commercial motor vehicle 
310.25  with any presence of alcohol and that the person submitted to a 
310.26  test and the test results indicated an alcohol concentration of 
310.27  0.04 or more, the commissioner shall disqualify the person from 
310.28  operating a commercial motor vehicle under section 171.165 
310.29  (commercial driver's license disqualification).  
310.30     (c) If the test is of a person's blood or urine by a 
310.31  laboratory operated by the Bureau of Criminal Apprehension, or 
310.32  authorized by the bureau to conduct the analysis of a blood or 
310.33  urine sample, the laboratory may directly certify to the 
310.34  commissioner the test results, and the peace officer shall 
310.35  certify to the commissioner that there existed probable cause to 
310.36  believe the person had been driving, operating, or in physical 
311.1   control of a motor vehicle in violation of section 169A.20 and 
311.2   that the person submitted to a test.  Upon receipt of both 
311.3   certifications, the commissioner shall undertake the license 
311.4   actions described in paragraphs (a) and (b). 
311.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2006, 
311.6   and applies to blood and urine test samples analyzed on or after 
311.7   that date. 
311.8      Sec. 5.  Minnesota Statutes 2004, section 169A.60, 
311.9   subdivision 10, is amended to read: 
311.10     Subd. 10.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
311.11  days following receipt of a notice and order of impoundment 
311.12  under this section, a person may petition the court for review.  
311.13  The petition must include proof of service of a copy of the 
311.14  petition on the commissioner.  The petition must include the 
311.15  petitioner's date of birth, driver's license number, and date of 
311.16  the plate impoundment violation, as well as the name of the 
311.17  violator and the law enforcement agency that issued the plate 
311.18  impoundment order.  The petition must state with specificity the 
311.19  grounds upon which the petitioner seeks rescission of the order 
311.20  for impoundment.  The petition may be combined with any petition 
311.21  filed under section 169A.53 (administrative and judicial review 
311.22  of license revocation). 
311.23     (b) Except as otherwise provided in this section, the 
311.24  judicial review and hearing are governed by section 169A.53 and 
311.25  must take place at the same time as any judicial review of the 
311.26  person's license revocation under section 169A.53.  The filing 
311.27  of the petition does not stay the impoundment order.  The 
311.28  reviewing court may order a stay of the balance of the 
311.29  impoundment period if the hearing has not been conducted within 
311.30  60 days after filing of the petition upon terms the court deems 
311.31  proper.  The court shall order either that the impoundment be 
311.32  rescinded or sustained, and forward the order to the 
311.33  commissioner.  The court shall file its order within 14 days 
311.34  following the hearing. 
311.35     (c) In addition to the issues described in section 169A.53, 
311.36  subdivision 3 (judicial review of license revocation), the scope 
312.1   of a hearing under this subdivision is limited to: 
312.2      (1) whether the violator owns, is the registered owner of, 
312.3   possesses, or has access to the vehicle used in the plate 
312.4   impoundment violation; 
312.5      (2) whether a member of the violator's household has a 
312.6   valid driver's license, the violator or registered owner has a 
312.7   limited license issued under section 171.30, the registered 
312.8   owner is not the violator, and the registered owner has a valid 
312.9   or limited driver's license, or a member of the registered 
312.10  owner's household has a valid driver's license; and 
312.11     (3) if the impoundment is based on a plate impoundment 
312.12  violation described in subdivision 1, paragraph (c) (d), clause 
312.13  (3) or (4), whether the peace officer had probable cause to 
312.14  believe the violator committed the plate impoundment violation 
312.15  and whether the evidence demonstrates that the plate impoundment 
312.16  violation occurred; and 
312.17     (2) for all other cases, whether the peace officer had 
312.18  probable cause to believe the violator committed the plate 
312.19  impoundment violation. 
312.20     (d) In a hearing under this subdivision, the following 
312.21  records are admissible in evidence: 
312.22     (1) certified copies of the violator's driving record; and 
312.23     (2) certified copies of vehicle registration records 
312.24  bearing the violator's name. 
312.25     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
312.26     Sec. 6.  Minnesota Statutes 2004, section 169A.60, 
312.27  subdivision 11, is amended to read: 
312.28     Subd. 11.  [RESCISSION OF REVOCATION; AND DISMISSAL OR 
312.29  ACQUITTAL; NEW PLATES.] If: 
312.30     (1) the driver's license revocation that is the basis for 
312.31  an impoundment order is rescinded; and 
312.32     (2) the charges for the plate impoundment violation have 
312.33  been dismissed with prejudice; or 
312.34     (3) the violator has been acquitted of the plate 
312.35  impoundment violation; 
312.36  then the registrar of motor vehicles shall issue new 
313.1   registration plates for the vehicle at no cost, when the 
313.2   registrar receives an application that includes a copy of the 
313.3   order rescinding the driver's license revocation, and either the 
313.4   order dismissing the charges, or the judgment of acquittal. 
313.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
313.6   following final enactment. 
313.7      Sec. 7.  Minnesota Statutes 2004, section 169A.63, 
313.8   subdivision 8, is amended to read: 
313.9      Subd. 8.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
313.10  motor vehicle used to commit a designated offense or used in 
313.11  conduct resulting in a designated license revocation is subject 
313.12  to administrative forfeiture under this subdivision. 
313.13     (b) When a motor vehicle is seized under subdivision 2, or 
313.14  within a reasonable time after seizure, the appropriate agency 
313.15  shall serve the driver or operator of the vehicle with a notice 
313.16  of the seizure and intent to forfeit the vehicle.  Additionally, 
313.17  when a motor vehicle is seized under subdivision 2, or within a 
313.18  reasonable time after that, all persons known to have an 
313.19  ownership, possessory, or security interest in the vehicle must 
313.20  be notified of the seizure and the intent to forfeit the 
313.21  vehicle.  For those vehicles required to be registered under 
313.22  chapter 168, the notification to a person known to have a 
313.23  security interest in the vehicle is required only if the vehicle 
313.24  is registered under chapter 168 and the interest is listed on 
313.25  the vehicle's title.  Notice mailed by certified mail to the 
313.26  address shown in Department of Public Safety records is 
313.27  sufficient notice to the registered owner of the vehicle.  For 
313.28  motor vehicles not required to be registered under chapter 168, 
313.29  notice mailed by certified mail to the address shown in the 
313.30  applicable filing or registration for the vehicle is sufficient 
313.31  notice to a person known to have an ownership, possessory, or 
313.32  security interest in the vehicle.  Otherwise, notice may be 
313.33  given in the manner provided by law for service of a summons in 
313.34  a civil action. 
313.35     (c) The notice must be in writing and contain: 
313.36     (1) a description of the vehicle seized; 
314.1      (2) the date of seizure; and 
314.2      (3) notice of the right to obtain judicial review of the 
314.3   forfeiture and of the procedure for obtaining that judicial 
314.4   review, printed in English, Hmong, and Spanish.  Substantially 
314.5   the following language must appear conspicuously:  "IF YOU DO 
314.6   NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
314.7   STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 
314.8   A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
314.9   RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY.  YOU MAY NOT 
314.10  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
314.11  UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
314.12  LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
314.13  HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
314.14  WORTH LESS THAN $500." 
314.15     (d) Within 30 days following service of a notice of seizure 
314.16  and forfeiture under this subdivision, a claimant may file a 
314.17  demand for a judicial determination of the forfeiture.  The 
314.18  demand must be in the form of a civil complaint and must be 
314.19  filed with the court administrator in the county in which the 
314.20  seizure occurred, together with proof of service of a copy of 
314.21  the complaint on the prosecuting authority having jurisdiction 
314.22  over the forfeiture, and the appropriate agency that initiated 
314.23  the forfeiture, including the standard filing fee for civil 
314.24  actions unless the petitioner has the right to sue in forma 
314.25  pauperis under section 563.01.  If the value of the seized 
314.26  property is $7,500 or less, the claimant may file an action in 
314.27  conciliation court for recovery of the seized vehicle.  A copy 
314.28  of the conciliation court statement of claim must be served 
314.29  personally or by mail on the prosecuting authority having 
314.30  jurisdiction over the forfeiture, as well as on the appropriate 
314.31  agency that initiated the forfeiture, within 30 days following 
314.32  service of the notice of seizure and forfeiture under this 
314.33  subdivision.  If the value of the seized property is less than 
314.34  $500, the claimant does not have to pay the conciliation court 
314.35  filing fee.  
314.36     No responsive pleading is required of the prosecuting 
315.1   authority and no court fees may be charged for the prosecuting 
315.2   authority's appearance in the matter.  The prosecuting authority 
315.3   may appear for the appropriate agency.  Pleadings, filings, and 
315.4   methods of service are governed by the Rules of Civil Procedure. 
315.5      (e) The complaint must be captioned in the name of the 
315.6   claimant as plaintiff and the seized vehicle as defendant, and 
315.7   must state with specificity the grounds on which the claimant 
315.8   alleges the vehicle was improperly seized, the claimant's 
315.9   interest in the vehicle seized, and any affirmative defenses the 
315.10  claimant may have.  Notwithstanding any law to the contrary, an 
315.11  action for the return of a vehicle seized under this section may 
315.12  not be maintained by or on behalf of any person who has been 
315.13  served with a notice of seizure and forfeiture unless the person 
315.14  has complied with this subdivision. 
315.15     (f) If the claimant makes a timely demand for a judicial 
315.16  determination under this subdivision, the forfeiture proceedings 
315.17  must be conducted as provided under subdivision 9. 
315.18     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
315.19  and applies to forfeiture actions initiated on or after that 
315.20  date. 
315.21     Sec. 8.  Minnesota Statutes 2004, section 169A.70, 
315.22  subdivision 3, is amended to read: 
315.23     Subd. 3.  [ASSESSMENT REPORT.] (a) The assessment report 
315.24  must be on a form prescribed by the commissioner and shall 
315.25  contain an evaluation of the convicted defendant concerning the 
315.26  defendant's prior traffic and criminal record, characteristics 
315.27  and history of alcohol and chemical use problems, and 
315.28  amenability to rehabilitation through the alcohol safety 
315.29  program.  The report is classified as private data on 
315.30  individuals as defined in section 13.02, subdivision 12. 
315.31     (b) The assessment report must include: 
315.32     (1) a diagnosis of the nature of the offender's chemical 
315.33  and alcohol involvement; 
315.34     (2) an assessment of the severity level of the involvement; 
315.35     (3) a recommended level of care for the offender in 
315.36  accordance with the criteria contained in rules adopted by the 
316.1   commissioner of human services under section 254A.03, 
316.2   subdivision 3 (chemical dependency treatment rules); 
316.3      (4) an assessment of the offender's placement needs; 
316.4      (2) (5) recommendations for other appropriate remedial 
316.5   action or care, including aftercare services in section 254B.01, 
316.6   subdivision 3, that may consist of educational programs, 
316.7   one-on-one counseling, a program or type of treatment that 
316.8   addresses mental health concerns, or a combination of them; or 
316.9   and 
316.10     (3) (6) a specific explanation why no level of care or 
316.11  action was recommended, if applicable.  
316.12     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
316.13  and applies to chemical use assessments made on or after that 
316.14  date. 
316.15     Sec. 9.  Minnesota Statutes 2004, section 169A.70, is 
316.16  amended by adding a subdivision to read: 
316.17     Subd. 6.  [METHOD OF ASSESSMENT.] (a) As used in this 
316.18  subdivision, "collateral contact" means an oral or written 
316.19  communication initiated by an assessor for the purpose of 
316.20  gathering information from an individual or agency, other than 
316.21  the offender, to verify or supplement information provided by 
316.22  the offender during an assessment under this section.  The term 
316.23  includes contacts with family members and criminal justice 
316.24  agencies. 
316.25     (b) An assessment conducted under this section must include 
316.26  at least one personal interview with the offender designed to 
316.27  make a determination about the extent of the offender's past and 
316.28  present chemical and alcohol use or abuse.  It must also include 
316.29  collateral contacts and a review of relevant records or reports 
316.30  regarding the offender including, but not limited to, police 
316.31  reports, arrest reports, driving records, chemical testing 
316.32  records, and test refusal records.  If the offender has a 
316.33  probation officer, the officer must be the subject of a 
316.34  collateral contact under this subdivision.  If an assessor is 
316.35  unable to make collateral contacts, the assessor shall specify 
316.36  why collateral contacts were not made. 
317.1      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
317.2   and applies to chemical use assessments made on or after that 
317.3   date. 
317.4      Sec. 10.  Minnesota Statutes 2004, section 169A.70, is 
317.5   amended by adding a subdivision to read: 
317.6      Subd. 7.  [PRECONVICTION ASSESSMENT.] (a) The court may not 
317.7   accept a chemical use assessment conducted before conviction as 
317.8   a substitute for the assessment required by this section unless 
317.9   the court ensures that the preconviction assessment meets the 
317.10  standards described in this section. 
317.11     (b) If the commissioner of public safety is making a 
317.12  decision regarding reinstating a person's driver's license based 
317.13  on a chemical use assessment, the commissioner shall ensure that 
317.14  the assessment meets the standards described in this section. 
317.15     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
317.16  and applies to chemical use assessments made on or after that 
317.17  date. 
317.18     Sec. 11.  Minnesota Statutes 2004, section 171.20, 
317.19  subdivision 4, is amended to read: 
317.20     Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
317.21  reinstated, (1) a person whose driver's license has been 
317.22  suspended under section 171.16, subdivision subdivisions 2 and 
317.23  3; 171.18, except subdivision 1, clause (10); or 171.182, or who 
317.24  has been disqualified from holding a commercial driver's license 
317.25  under section 171.165, and (2) a person whose driver's license 
317.26  has been suspended under section 171.186 and who is not exempt 
317.27  from such a fee, must pay a fee of $20.  
317.28     (b) Before the license is reinstated, a person whose 
317.29  license has been suspended under sections 169.791 to 169.798 
317.30  must pay a $20 reinstatement fee. 
317.31     (c) When fees are collected by a licensing agent appointed 
317.32  under section 171.061, a handling charge is imposed in the 
317.33  amount specified under section 171.061, subdivision 4.  The 
317.34  reinstatement fee and surcharge must be deposited in an approved 
317.35  state depository as directed under section 171.061, subdivision 
317.36  4.  
318.1      (d) Reinstatement fees collected under paragraph (a) for 
318.2   suspensions under sections 171.16, subdivision 3, and 171.18, 
318.3   subdivision 1, clause (10), shall be deposited in the special 
318.4   revenue fund and are appropriated to the Peace Officer Standards 
318.5   and Training Board for peace officer training reimbursement to 
318.6   local units of government. 
318.7      (e) A suspension may be rescinded without fee for good 
318.8   cause.  
318.9      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
318.10     Sec. 12.  Minnesota Statutes 2004, section 171.26, is 
318.11  amended to read: 
318.12     171.26 [MONEY CREDITED TO FUNDS.] 
318.13     All money received under this chapter must be paid into the 
318.14  state treasury and credited to the trunk highway fund, except as 
318.15  provided in sections 171.06, subdivision 2a; 171.07, subdivision 
318.16  11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4, 
318.17  paragraph (d); and 171.29, subdivision 2, paragraph (b). 
318.18     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
318.19     Sec. 13.  [REPEALER.] 
318.20     Laws 2004, chapter 283, section 14, is repealed. 
318.21     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
318.22  following final enactment. 
318.23                             ARTICLE 19 
318.24                  OPTION B FROM HOUSE RESOLUTION 8
318.25  Section 1.  [PUBLIC SAFETY APPROPRIATIONS.] 
318.26     These amounts are in addition to the appropriations in 
318.27  Article 1 and are only effective if the house of representatives 
318.28  passes H.F. 1664.  The sums shown in the columns marked 
318.29  "APPROPRIATIONS" are appropriated from the general fund, or 
318.30  another named fund, to the agencies and for the purposes 
318.31  specified in this act, to be available for the fiscal years 
318.32  indicated for each purpose.  The figures "2006" and "2007," 
318.33  where used in this act, mean that the appropriation or 
318.34  appropriations listed under them are available for the year 
318.35  ending June 30, 2006, or June 30, 2007, respectively.  The term 
318.36  "first year" means the fiscal year ending June 30, 2006, and the 
319.1   term "second year" means the fiscal year ending June 30, 2007.  
319.2                                              APPROPRIATIONS 
319.3                                          Available for the Year 
319.4                                              Ending June 30 
319.5                                             2006         2007 
319.6   Sec. 2.  CORRECTIONS                 $ 2,000,000    $ 2,000,000 
319.7   [METHAMPHETAMINE TREATMENT GRANTS.] 
319.8   $750,000 each year is for 
319.9   methamphetamine treatment grants to 
319.10  counties. 
319.11  [METHAMPHETAMINE LAW ENFORCEMENT AND 
319.12  SUPERVISION GRANTS.] $750,000 each year 
319.13  is for methamphetamine enforcement and 
319.14  supervision aid grants to counties. 
319.15  [SHORT-TERM OFFENDERS.] $500,000 each 
319.16  year is appropriated to the 
319.17  commissioner of corrections for costs 
319.18  associated with the housing and care of 
319.19  short-term offenders.  The commissioner 
319.20  may use up to 20 percent of the total 
319.21  amount of the appropriation for 
319.22  inpatient medical care for short-term 
319.23  offenders with less than six months to 
319.24  serve as affected by Minnesota 
319.25  Statutes, section 609.105, as amended 
319.26  by Laws 2003, First Special Session 
319.27  chapter 2, article 5, sections 7 to 9.  
319.28  The commissioner shall establish and 
319.29  implement policy governing the 
319.30  admission, housing, medical care, and 
319.31  release of this population.  All funds 
319.32  remaining at the end of the fiscal year 
319.33  not expended for inpatient medical care 
319.34  shall be added to and distributed with 
319.35  the housing funds.  These funds shall 
319.36  be distributed proportionately based on 
319.37  the total number of days short-term 
319.38  offenders are placed locally, not to 
319.39  exceed $70 per day.  Short-term 
319.40  offenders may be housed in a state 
319.41  correctional facility at the discretion 
319.42  of the commissioner.  The Department of 
319.43  Corrections is exempt from the state 
319.44  contracting process for the purposes of 
319.45  Minnesota Statutes, section 609.105, as 
319.46  amended by Laws 2003, First Special 
319.47  Session chapter 2, article 5, sections 
319.48  7 to 9. 
319.49  Sec. 3.  PUBLIC SAFETY                   400,000        100,000 
319.50  [HOMELESS OUTREACH GRANTS.] $300,000 in 
319.51  fiscal year 2006 is for a onetime 
319.52  appropriation to the commissioner of 
319.53  public safety to issue grants to 
319.54  organizations that provide homeless 
319.55  outreach and a bridge to stable housing 
319.56  and services to homeless Minnesotans. 
319.57  [YOUTH INTERVENTION GRANTS.] $100,000 
319.58  each year is for youth intervention 
319.59  programs currently under Minnesota 
319.60  Statutes, section 116L.30 but to be 
319.61  transferred to section 299A.73.  This 
319.62  money must be used to help existing 
319.63  programs serve unmet needs in their 
320.1   communities, and to create new programs 
320.2   in underserved areas of the state.