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            169.71, subdivision 1; 169A.275, subdivision 1; 
  2.33            169A.52, subdivision 4; 169A.60, subdivisions 10, 11; 
  2.34            169A.63, subdivision 8; 169A.70, subdivision 3, by 
  2.35            adding subdivisions; 171.20, subdivision 4; 171.26; 
  2.36            214.04, subdivision 1; 216D.08, subdivisions 1, 2; 
  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, subdivision 3; 403.07, subdivision 3; 
  2.67            403.08, subdivision 10; 403.11, subdivisions 1, 3, 3a; 
  2.68            403.113, subdivision 1; 403.21, subdivision 8; 403.27, 
  2.69            subdivisions 3, 4, by adding subdivisions; 403.30, 
  2.70            subdivisions 1, 3, by adding subdivisions; 508.82, 
  2.71            subdivision 1; 508A.82, subdivision 1; 518B.01, by 
  3.1             adding a subdivision; 590.01, subdivision 1, by adding 
  3.2             a subdivision; 609.02, subdivision 16; 609.108, 
  3.3             subdivisions 1, 3, 4, 6, 7; 609.109, subdivisions 3, 
  3.4             4, 5, 6, 7; 609.1095, subdivisions 2, 4; 609.115, by 
  3.5             adding a subdivision; 609.117; 609.1351; 609.185; 
  3.6             609.2231, subdivision 3; 609.2242, subdivision 3; 
  3.7             609.229, subdivision 3, by adding a subdivision; 
  3.8             609.233, subdivision 1, by adding a subdivision; 
  3.9             609.321, subdivision 12; 609.341, subdivision 14, by 
  3.10            adding subdivisions; 609.342, subdivisions 2, 3; 
  3.11            609.343, subdivisions 2, 3; 609.344, subdivisions 2, 
  3.12            3; 609.345, subdivisions 2, 3; 609.347; 609.3471; 
  3.13            609.348; 609.353; 609.378, subdivision 1; 609.485, 
  3.14            subdivisions 2, 4; 609.487, by adding a subdivision; 
  3.15            609.50, subdivision 1; 609.505; 609.52, subdivision 2; 
  3.16            609.527, subdivisions 1, 3, 4, 6, by adding a 
  3.17            subdivision; 609.531, subdivision 1; 609.5311, 
  3.18            subdivisions 2, 3; 609.5312, subdivisions 1, 3, 4, by 
  3.19            adding a subdivision; 609.5314, subdivision 1; 
  3.20            609.5317, subdivision 1; 609.5318, subdivision 1; 
  3.21            609.605, subdivisions 1, 4; 609.748, subdivisions 2, 
  3.22            3a, by adding a subdivision; 609.749, subdivision 2; 
  3.23            609.763, subdivision 3; 609.79, subdivision 2; 
  3.24            609.795, by adding a subdivision; 609A.02, subdivision 
  3.25            3; 609A.03, subdivision 7; 611.14; 611.16; 611.25, 
  3.26            subdivision 1; 611.272; 611A.01; 611A.036; 611A.19; 
  3.27            611A.53, subdivision 1b; 617.23, subdivisions 2, 3; 
  3.28            624.22, subdivision 1; 626.04; 626.556, subdivision 3; 
  3.29            626.557, subdivisions 12b, 14; 631.045; 631.425, 
  3.30            subdivision 4; 641.21; Laws 2004, chapter 201, section 
  3.31            22; proposing coding for new law in Minnesota 
  3.32            Statutes, chapters 171; 241; 243; 244; 260C; 299A; 
  3.33            299C; 590; 609; 611; 629; proposing coding for new law 
  3.34            as Minnesota Statutes, chapter 545A; repealing 
  3.35            Minnesota Statutes 2004, sections 69.011, subdivision 
  3.36            5; 243.162; 243.166, subdivisions 1, 8; 244.10, 
  3.37            subdivisions 2a, 3; 246.017, subdivision 1; 299A.64; 
  3.38            299A.65; 299A.66; 299A.68; 299C.65, subdivisions 3, 4, 
  3.39            6, 7, 8, 8a, 9; 299F.011, subdivision 4c; 299F.015; 
  3.40            299F.10; 299F.11; 299F.12; 299F.13; 299F.14; 299F.15; 
  3.41            299F.16; 299F.17; 299F.361; 299F.451; 299F.452; 
  3.42            403.025, subdivision 4; 403.30, subdivision 2; 
  3.43            609.108, subdivisions 2, 4, 5; 609.109, subdivisions 
  3.44            2, 4, 6; 609.119; 611.18; 624.04; Laws 2004, chapter 
  3.45            283, section 14. 
  3.46  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  3.47                             ARTICLE 1
  3.48                           APPROPRIATIONS
  3.49  Section 1.  [PUBLIC SAFETY APPROPRIATIONS.] 
  3.50     The sums shown in the columns marked "APPROPRIATIONS" are 
  3.51  appropriated from the general fund, or another named fund, to 
  3.52  the agencies and for the purposes specified in this act, to be 
  3.53  available for the fiscal years indicated for each purpose.  The 
  3.54  figures "2006" and "2007," where used in this act, mean that the 
  3.55  appropriation or appropriations listed under them are available 
  3.56  for the year ending June 30, 2006, or June 30, 2007, 
  3.57  respectively.  The term "first year" means the fiscal year 
  3.58  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  $250,000 the first year and $300,000 
  9.39  the second year are for methamphetamine 
  9.40  treatment grants to counties. 
  9.41  [METHAMPHETAMINE LAW ENFORCEMENT AND 
  9.42  SUPERVISION GRANTS.] $250,000 the first 
  9.43  year and $300,000 the second year are 
  9.44  for methamphetamine enforcement and 
  9.45  supervision aid grants to counties. 
  9.46  Subd. 4.  Operations Support          15,558,000     15,558,000 
  9.47  General Fund         15,348,000    15,348,000
  9.48  Special Revenue         210,000       210,000
  9.49  Subd. 5.  Housing and Medical Care 
  9.50  [SHORT-TERM OFFENDERS.] $1,207,000 each 
  9.51  year is appropriated to the 
  9.52  commissioner of corrections for costs 
 10.1   associated with the housing and care of 
 10.2   short-term offenders.  The commissioner 
 10.3   may use up to 20 percent of the total 
 10.4   amount of the appropriation for 
 10.5   inpatient medical care for short-term 
 10.6   offenders with less than six months to 
 10.7   serve as affected by Minnesota 
 10.8   Statutes, section 609.105, as amended 
 10.9   by Laws 2003, First Special Session 
 10.10  chapter 2, article 5, sections 7 to 9.  
 10.11  The commissioner shall establish and 
 10.12  implement policy governing the 
 10.13  admission, housing, medical care, and 
 10.14  release of this population.  All funds 
 10.15  remaining at the end of the fiscal year 
 10.16  not expended for inpatient medical care 
 10.17  shall be added to and distributed with 
 10.18  the housing funds.  These funds shall 
 10.19  be distributed proportionately based on 
 10.20  the total number of days short-term 
 10.21  offenders are placed locally, not to 
 10.22  exceed $70 per day.  Short-term 
 10.23  offenders may be housed in a state 
 10.24  correctional facility at the discretion 
 10.25  of the commissioner.  The Department of 
 10.26  Corrections is exempt from the state 
 10.27  contracting process for the purposes of 
 10.28  Minnesota Statutes, section 609.105, as 
 10.29  amended by Laws 2003, First Special 
 10.30  Session chapter 2, article 5, sections 
 10.31  7 to 9. 
 10.32  Sec. 14.  SENTENCING GUIDELINES          478,000        478,000 
 10.33                             ARTICLE 2 
 10.34                  SEX OFFENDER CRIMINAL PROVISIONS
 10.35     Section 1.  Minnesota Statutes 2004, section 13.851, 
 10.36  subdivision 5, is amended to read: 
 10.37     Subd. 5.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION; 
 10.38  COMMISSIONER OF CORRECTIONS.] Data provided to the county 
 10.39  attorney under section 244.05, subdivision 7, and to the 
 10.40  Minnesota Sex Offender Review Board under section 244.05, 
 10.41  subdivision 5, are governed by that section. 
 10.42     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 10.43     Sec. 2.  Minnesota Statutes 2004, section 244.05, 
 10.44  subdivision 4, is amended to read: 
 10.45     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] (a) An 
 10.46  inmate serving a mandatory life sentence under section 609.106, 
 10.47  609.342, subdivision 2, paragraph (c), or 609.343, subdivision 
 10.48  2, paragraph (c), must not be given supervised release under 
 10.49  this section.  
 10.50     (b) An inmate serving a mandatory life sentence under 
 10.51  section 609.185, clause (1), (3), (5), or (6); or 609.109, 
 11.1   subdivision 2a 3, must not be given supervised release under 
 11.2   this section without having served a minimum term of 30 years.  
 11.3      (c) An inmate serving a mandatory life sentence under 
 11.4   section 609.385 must not be given supervised release under this 
 11.5   section without having served a minimum term of imprisonment of 
 11.6   17 years.  
 11.7      (d) An inmate serving a mandatory life sentence under 
 11.8   section 609.342, subdivision 2, paragraph (b); 609.343, 
 11.9   subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 
 11.10  (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 
 11.11  subdivision 2, paragraph (b), must not be given supervised 
 11.12  release under this section without having served a minimum term 
 11.13  of imprisonment of 20 years.  If the sentencing court imposed a 
 11.14  sentence with a term of imprisonment of more than 20 years, the 
 11.15  inmate may not be given supervised release without having served 
 11.16  that term.  
 11.17     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 11.18  and applies to crimes committed on or after that date. 
 11.19     Sec. 3.  Minnesota Statutes 2004, section 244.05, 
 11.20  subdivision 5, is amended to read: 
 11.21     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
 11.22  commissioner of corrections may, under rules promulgated by the 
 11.23  commissioner, give supervised release to an inmate serving a 
 11.24  mandatory life sentence under section 609.185, clause (1), (3), 
 11.25  (5), or (6); 609.109, subdivision 2a; or 609.385 after the 
 11.26  inmate has served the minimum term of imprisonment specified in 
 11.27  subdivision 4. 
 11.28     (b) The commissioner shall give supervised release to an 
 11.29  inmate serving a mandatory life sentence under section 609.109, 
 11.30  subdivision 3; 609.342, subdivision 2, paragraph (b); 609.343, 
 11.31  subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 
 11.32  (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 
 11.33  subdivision 2, paragraph (b), when directed to do so by the Sex 
 11.34  Offender Review Board under section 244.0515.  
 11.35     (c) The commissioner shall require the preparation of a 
 11.36  community investigation report and shall consider the findings 
 12.1   of the report when making a supervised release decision under 
 12.2   this subdivision.  The report shall reflect the sentiment of the 
 12.3   various elements of the community toward the inmate, both at the 
 12.4   time of the offense and at the present time.  The report shall 
 12.5   include the views of the sentencing judge, the prosecutor, any 
 12.6   law enforcement personnel who may have been involved in the 
 12.7   case, and any successors to these individuals who may have 
 12.8   information relevant to the supervised release decision.  The 
 12.9   report shall also include the views of the victim and the 
 12.10  victim's family unless the victim or the victim's family chooses 
 12.11  not to participate.  The commissioner shall submit the report 
 12.12  required by this paragraph to the Minnesota Sex Offender Review 
 12.13  Board to assist the board in making release decisions under 
 12.14  section 244.0515.  The commissioner also shall give the board, 
 12.15  on request, any and all information the commissioner gathered 
 12.16  for use in compiling the report. 
 12.17     (c) (d) The commissioner shall make reasonable efforts to 
 12.18  notify the victim, in advance, of the time and place of the 
 12.19  inmate's supervised release review hearing.  The victim has a 
 12.20  right to submit an oral or written statement at the review 
 12.21  hearing.  The statement may summarize the harm suffered by the 
 12.22  victim as a result of the crime and give the victim's 
 12.23  recommendation on whether the inmate should be given supervised 
 12.24  release at this time.  The commissioner must consider the 
 12.25  victim's statement when making the supervised release decision. 
 12.26     (d) (e) As used in this subdivision, "victim" means the 
 12.27  individual who suffered harm as a result of the inmate's crime 
 12.28  or, if the individual is deceased, the deceased's surviving 
 12.29  spouse or next of kin. 
 12.30     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 12.31  and applies to crimes committed on or after that date. 
 12.32     Sec. 4.  Minnesota Statutes 2004, section 609.108, 
 12.33  subdivision 3, is amended to read: 
 12.34     Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
 12.35  violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
 12.36  609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
 13.1   609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
 13.2   or 609.582, subdivision 1.  As used in this section, "predatory 
 13.3   crime" has the meaning given in section 609.341, subdivision 24. 
 13.4      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 13.5   and applies to crimes committed on or after that date. 
 13.6      Sec. 5.  Minnesota Statutes 2004, section 609.108, 
 13.7   subdivision 4, is amended to read: 
 13.8      Subd. 4.  [DANGER TO PUBLIC SAFETY.] The court fact finder 
 13.9   shall base its finding that the offender is a danger to public 
 13.10  safety on any of the following factors: 
 13.11     (1) the crime involved an aggravating factor that would 
 13.12  justify a durational departure from the presumptive sentence 
 13.13  under the Sentencing Guidelines; 
 13.14     (2) the offender previously committed or attempted to 
 13.15  commit a predatory crime or a violation of section 609.224 or 
 13.16  609.2242, including: 
 13.17     (i) an offense committed as a juvenile that would have been 
 13.18  a predatory crime or a violation of section 609.224 or 609.2242 
 13.19  if committed by an adult; or 
 13.20     (ii) a violation or attempted violation of a similar law of 
 13.21  any other state or the United States; or 
 13.22     (3) the offender planned or prepared for the crime prior to 
 13.23  its commission. 
 13.24     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 13.25  and applies to crimes committed on or after that date.  
 13.26     Sec. 6.  Minnesota Statutes 2004, section 609.109, 
 13.27  subdivision 3, is amended to read: 
 13.28     Subd. 3.  [MANDATORY LIFE SENTENCE.] (a) The court shall 
 13.29  sentence a person to imprisonment for life, notwithstanding the 
 13.30  statutory maximum sentence under section 609.342, if: 
 13.31     (1) the person has been indicted by a grand jury under this 
 13.32  subdivision; 
 13.33     (2) the person is convicted under section 609.342; and 
 13.34     (3) the court determines on the record at the time of 
 13.35  sentencing that any of the following circumstances exists: 
 13.36     (i) the person has previously been sentenced under section 
 14.1   609.1095; 
 14.2      (ii) the person has one previous sex offense conviction for 
 14.3   a violation of section 609.342, 609.343, or 609.344 that 
 14.4   occurred before August 1, 1989, for which the person was 
 14.5   sentenced to prison in an upward durational departure from the 
 14.6   Sentencing Guidelines that resulted in a sentence at least twice 
 14.7   as long as the presumptive sentence; or 
 14.8      (iii) the person has two previous sex offense convictions 
 14.9   under section 609.342, 609.343, or 609.344. 
 14.10     (b) Notwithstanding subdivision 2 and section 609.342, 
 14.11  subdivision 3, the court may not stay imposition of the sentence 
 14.12  required by this subdivision. 
 14.13     (c) A person sentenced under this subdivision may only be 
 14.14  granted supervised release as provided for in section 244.05, 
 14.15  subdivision 5, paragraph (b). 
 14.16     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 14.17  and applies to crimes committed on or after that date. 
 14.18     Sec. 7.  Minnesota Statutes 2004, section 609.109, 
 14.19  subdivision 7, is amended to read: 
 14.20     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
 14.21  Notwithstanding the statutory maximum sentence otherwise 
 14.22  applicable to the offense or any provision of the Sentencing 
 14.23  Guidelines, when a court sentences a person to prison for a 
 14.24  violation of section 609.342, 609.343, 609.344, or 609.345, or 
 14.25  609.3453, the court shall provide that after the person has 
 14.26  completed the sentence imposed, the commissioner of corrections 
 14.27  shall place the person on conditional release.  
 14.28     If the person was convicted for a violation of section 
 14.29  609.342, 609.343, 609.344, or 609.345, or 609.3453, the person 
 14.30  shall be placed on conditional release for five ten years, minus 
 14.31  the time the person served on supervised release.  
 14.32     If the person was convicted for a violation of one of those 
 14.33  sections after a previous sex offense conviction as defined in 
 14.34  subdivision 5, or the person shall be placed on conditional 
 14.35  release for the remainder of the person's life.  If the person 
 14.36  was sentenced under subdivision 6 to a mandatory departure, the 
 15.1   person shall be placed on conditional release for ten 15 years, 
 15.2   minus the time the person served on supervised release. 
 15.3      (b) The conditions of release may include successful 
 15.4   completion of treatment and aftercare in a program approved by 
 15.5   the commissioner, satisfaction of the release conditions 
 15.6   specified in section 244.05, subdivision 6, and any other 
 15.7   conditions the commissioner considers appropriate.  If the 
 15.8   offender fails to meet any condition of release, the 
 15.9   commissioner may revoke the offender's conditional release and 
 15.10  order that the offender serve the remaining portion of the 
 15.11  conditional release term in prison.  The commissioner shall not 
 15.12  dismiss the offender from supervision before the conditional 
 15.13  release term expires. 
 15.14     Conditional release under this subdivision is governed by 
 15.15  provisions relating to supervised release, except as otherwise 
 15.16  provided in this subdivision, section 244.04, subdivision 1, or 
 15.17  244.05. 
 15.18     (c) The commissioner shall pay the cost of treatment of a 
 15.19  person released under this subdivision.  This section does not 
 15.20  require the commissioner to accept or retain an offender in a 
 15.21  treatment program. 
 15.22     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 15.23  and applies to crimes committed on or after that date. 
 15.24     Sec. 8.  Minnesota Statutes 2004, section 609.341, 
 15.25  subdivision 14, is amended to read: 
 15.26     Subd. 14.  [COERCION.] "Coercion" means the use by the 
 15.27  actor of words or circumstances that cause the complainant 
 15.28  reasonably to fear that the actor will inflict bodily harm upon, 
 15.29  or hold in confinement, the complainant or another, or force the 
 15.30  use by the actor of confinement, or the use of superior size or 
 15.31  strength, against the complainant that causes the complainant to 
 15.32  submit to sexual penetration or contact, but against the 
 15.33  complainant's will.  Proof of coercion does not require proof of 
 15.34  a specific act or threat. 
 15.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 15.36  and applies to crimes committed on or after that date.  
 16.1      Sec. 9.  Minnesota Statutes 2004, section 609.341, is 
 16.2   amended by adding a subdivision to read: 
 16.3      Subd. 22.  [SEX OFFENSE.] Except for section 609.3452, "sex 
 16.4   offense" means any violation of, or attempt to violate, section 
 16.5   609.342 (first degree criminal sexual conduct), 609.343 (second 
 16.6   degree criminal sexual conduct), 609.344 (third degree criminal 
 16.7   sexual conduct), 609.345 (fourth degree criminal sexual 
 16.8   conduct), 609.3451 (fifth degree criminal sexual conduct), 
 16.9   609.3453 (criminal sexual predatory conduct), 609.352 
 16.10  (solicitation of a child to engage in sexual conduct), 617.23 
 16.11  (indecent exposure), 617.246 (use of minors in sexual 
 16.12  performance), 617.247 (possession of pornographic work involving 
 16.13  minors), or any similar statute of the United States or any 
 16.14  other state.  
 16.15     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 16.16  and applies to crimes committed on or after that date. 
 16.17     Sec. 10.  Minnesota Statutes 2004, section 609.341, is 
 16.18  amended by adding a subdivision to read: 
 16.19     Subd. 23.  [SUBSEQUENT SEX OFFENSE.] "Subsequent sex 
 16.20  offense" means a violation of section 609.342 (first degree 
 16.21  criminal sexual conduct), 609.343 (second degree criminal sexual 
 16.22  conduct), 609.344 (third degree criminal sexual conduct), 
 16.23  609.345 (fourth degree criminal sexual conduct), or 609.3453 
 16.24  (criminal sexual predatory conduct) for which the offender is 
 16.25  convicted after the offender has already been convicted or 
 16.26  adjudicated delinquent for the following, involving a separate 
 16.27  behavioral incident, regardless of when the behavioral incidents 
 16.28  occurred: 
 16.29     (1) another felony-level sex offense; 
 16.30     (2) two non-felony-level sex offenses; or 
 16.31     (3) any felony-level predatory crime that the fact finder 
 16.32  determines was motivated by the offender's sexual impulses or 
 16.33  was part of a predatory pattern of behavior that had criminal 
 16.34  sexual conduct as its goal.  
 16.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 16.36  and applies to crimes committed on or after that date. 
 17.1      Sec. 11.  Minnesota Statutes 2004, section 609.341, is 
 17.2   amended by adding a subdivision to read: 
 17.3      Subd. 24.  [PREDATORY CRIME.] "Predatory crime" means a 
 17.4   felony violation of section 609.185 (first degree murder), 
 17.5   609.19 (second degree murder), 609.195 (third degree murder), 
 17.6   609.20 (first degree manslaughter), 609.205 (second degree 
 17.7   manslaughter), 609.221 (first degree assault), 609.222 (second 
 17.8   degree assault), 609.223 (third degree assault), 609.24 (simple 
 17.9   robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
 17.10  609.255 (false imprisonment), 609.365 (incest), 609.498 
 17.11  (tampering with a witness), 609.561 (first degree arson), or 
 17.12  609.582, subdivision 1 (first degree burglary).  
 17.13     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 17.14  and applies to crimes committed on or after that date. 
 17.15     Sec. 12.  Minnesota Statutes 2004, section 609.341, is 
 17.16  amended by adding a subdivision to read: 
 17.17     Subd. 25.  [TORTURE.] "Torture" means the intentional 
 17.18  infliction of extreme mental anguish, or extreme psychological 
 17.19  abuse, when committed in an especially depraved manner. 
 17.20     Sec. 13.  Minnesota Statutes 2004, section 609.342, 
 17.21  subdivision 2, is amended to read: 
 17.22     Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
 17.23  in section 609.109 paragraph (b) or (c), or section 609.109, a 
 17.24  person convicted under subdivision 1 may be sentenced to 
 17.25  imprisonment for not more than 30 60 years or to a payment of a 
 17.26  fine of not more than $40,000, or both. 
 17.27     (b) Unless a longer mandatory minimum sentence is otherwise 
 17.28  required by law or the Sentencing Guidelines provide for a 
 17.29  longer presumptive executed sentence, the court shall presume 
 17.30  that an executed sentence of 144 months must be imposed on an 
 17.31  offender convicted of violating this section.  Except as 
 17.32  provided in paragraph (b) or (c), sentencing a person in a 
 17.33  manner other than that described in this paragraph is a 
 17.34  departure from the Sentencing Guidelines.  
 17.35     (b) The court shall sentence a person to imprisonment for 
 17.36  life if:  
 18.1      (1) the person was convicted under subdivision 1, paragraph 
 18.2   (c), (d), (e), (f), or (h); or 
 18.3      (2) the person was convicted under subdivision 1 of a 
 18.4   subsequent sex offense.  
 18.5      Unless a longer mandatory minimum sentence is otherwise 
 18.6   required by law or the Sentencing Guidelines provide for a 
 18.7   longer presumptive executed sentence, and the court imposes this 
 18.8   sentence, the court shall specify a minimum term of imprisonment 
 18.9   of 20 years that must be served before the offender may be 
 18.10  considered for supervised release.  
 18.11     (c) The court shall sentence a person to imprisonment for 
 18.12  life without the possibility of release if the person is 
 18.13  convicted of violating subdivision 1, paragraph (c), (d), (e), 
 18.14  (f), or (h), and the fact finder determines beyond a reasonable 
 18.15  doubt that any of the following circumstances exist:  
 18.16     (1) the offender tortured the complainant; 
 18.17     (2) the offender intentionally inflicted great bodily harm 
 18.18  upon the complainant; 
 18.19     (3) the offender, without the complainant's consent, 
 18.20  removed the complainant from one place to another and did not 
 18.21  release the complainant in a safe place; 
 18.22     (4) the complainant was aged 13 or younger at the time of 
 18.23  the offense; 
 18.24     (5) the complainant was aged 70 or older at the time of the 
 18.25  offense; 
 18.26     (6) the offender was armed with a dangerous weapon or any 
 18.27  article used or fashioned in a manner to lead the complainant to 
 18.28  reasonably believe it to be a dangerous weapon and used or 
 18.29  threatened to use the weapon or article to cause the complainant 
 18.30  to submit; 
 18.31     (7) the charged offense involved sexual penetration or 
 18.32  sexual contact with more than one victim; or 
 18.33     (8) the offense involved more than one perpetrator engaging 
 18.34  in sexual penetration or sexual contact with the complainant.  
 18.35     The fact finder may not consider a circumstance described 
 18.36  in clauses (1) to (8) if it is an element of the underlying 
 19.1   specified violation of subdivision 1.  
 19.2      (d) In addition to the sentence imposed under paragraph 
 19.3   (a), (b), or (c), the person may also be sentenced to the 
 19.4   payment of a fine of not more than $40,000.  
 19.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 19.6   and applies to crimes committed on or after that date. 
 19.7      Sec. 14.  Minnesota Statutes 2004, section 609.342, 
 19.8   subdivision 3, is amended to read: 
 19.9      Subd. 3.  [STAY.] Except when imprisonment is required for 
 19.10  a subsequent sex offense or under section 609.109, if a person 
 19.11  is convicted under subdivision 1, clause (g), the court may stay 
 19.12  imposition or execution of the sentence if it finds that: 
 19.13     (a) a stay is in the best interest of the complainant or 
 19.14  the family unit; and 
 19.15     (b) a professional assessment indicates that the offender 
 19.16  has been accepted by and can respond to a treatment program. 
 19.17     If the court stays imposition or execution of sentence, it 
 19.18  shall include the following as conditions of probation: 
 19.19     (1) incarceration in a local jail or workhouse; 
 19.20     (2) a requirement that the offender complete a treatment 
 19.21  program; and 
 19.22     (3) a requirement that the offender have no unsupervised 
 19.23  contact with the complainant until the offender has successfully 
 19.24  completed the treatment program unless approved by the treatment 
 19.25  program and the supervising correctional agent.  
 19.26     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 19.27  and applies to crimes committed on or after that date. 
 19.28     Sec. 15.  Minnesota Statutes 2004, section 609.343, 
 19.29  subdivision 2, is amended to read: 
 19.30     Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
 19.31  in paragraph (b) or (c) or section 609.109, a person convicted 
 19.32  under subdivision 1 may be sentenced to imprisonment for not 
 19.33  more than 25 50 years or to a payment of a fine of not more than 
 19.34  $35,000, or both. 
 19.35     (b) Unless a longer mandatory minimum sentence is otherwise 
 19.36  required by law or the Sentencing Guidelines provide for a 
 20.1   longer presumptive executed sentence, the court shall presume 
 20.2   that an executed sentence of 90 months must be imposed on an 
 20.3   offender convicted of violating subdivision 1, clause (c), (d), 
 20.4   (e), (f), or (h).  Sentencing a person in a manner other than 
 20.5   that described in this paragraph is a departure from the 
 20.6   Sentencing Guidelines.  
 20.7      (b) The court shall sentence a person to imprisonment for 
 20.8   life if:  
 20.9      (1) the person was convicted under subdivision 1, paragraph 
 20.10  (c), (d), (e), (f), or (h); or 
 20.11     (2) the person was convicted under subdivision 1 of a 
 20.12  subsequent sex offense.  
 20.13     Unless a longer mandatory minimum sentence is otherwise 
 20.14  required by law or the Sentencing Guidelines provide for a 
 20.15  longer presumptive executed sentence, and the court imposes this 
 20.16  sentence, the court shall specify a minimum term of imprisonment 
 20.17  of 20 years that must be served before the offender may be 
 20.18  considered for supervised release.  
 20.19     (c) The court shall sentence a person to imprisonment for 
 20.20  life without the possibility of release if the person is 
 20.21  convicted of violating subdivision 1, paragraph (c), (d), (e), 
 20.22  (f), or (h), and the fact finder determines beyond a reasonable 
 20.23  doubt that any of the following circumstances exist:  
 20.24     (1) the offender tortured the complainant; 
 20.25     (2) the offender intentionally inflicted great bodily harm 
 20.26  upon the complainant; 
 20.27     (3) the offender, without the complainant's consent, 
 20.28  removed the complainant from one place to another and did not 
 20.29  release the complainant in a safe place; 
 20.30     (4) the complainant was aged 13 or younger at the time of 
 20.31  the offense; 
 20.32     (5) the complainant was aged 70 or older at the time of the 
 20.33  offense; 
 20.34     (6) the offender was armed with a dangerous weapon or any 
 20.35  article used or fashioned in a manner to lead the complainant to 
 20.36  reasonably believe it to be a dangerous weapon and used or 
 21.1   threatened to use the weapon or article to cause the complainant 
 21.2   to submit; 
 21.3      (7) the charged offense involved sexual penetration or 
 21.4   sexual contact with more than one victim; or 
 21.5      (8) the offense involved more than one perpetrator engaging 
 21.6   in sexual penetration or sexual contact with the complainant.  
 21.7      The fact finder may not consider a circumstance described 
 21.8   in clauses (1) to (8) if it is an element of the underlying 
 21.9   specified violation of subdivision 1.  
 21.10     (d) In addition to the sentence imposed under paragraph 
 21.11  (a), (b), or (c), the person may also be sentenced to the 
 21.12  payment of a fine of not more than $35,000.  
 21.13     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 21.14  and applies to crimes committed on or after that date. 
 21.15     Sec. 16.  Minnesota Statutes 2004, section 609.343, 
 21.16  subdivision 3, is amended to read: 
 21.17     Subd. 3.  [STAY.] Except when imprisonment is required for 
 21.18  a subsequent sex offense or under section 609.109, if a person 
 21.19  is convicted under subdivision 1, clause (g), the court may stay 
 21.20  imposition or execution of the sentence if it finds that: 
 21.21     (a) a stay is in the best interest of the complainant or 
 21.22  the family unit; and 
 21.23     (b) a professional assessment indicates that the offender 
 21.24  has been accepted by and can respond to a treatment program. 
 21.25     If the court stays imposition or execution of sentence, it 
 21.26  shall include the following as conditions of probation: 
 21.27     (1) incarceration in a local jail or workhouse; 
 21.28     (2) a requirement that the offender complete a treatment 
 21.29  program; and 
 21.30     (3) a requirement that the offender have no unsupervised 
 21.31  contact with the complainant until the offender has successfully 
 21.32  completed the treatment program unless approved by the treatment 
 21.33  program and the supervising correctional agent.  
 21.34     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 21.35  and applies to crimes committed on or after that date. 
 21.36     Sec. 17.  Minnesota Statutes 2004, section 609.344, 
 22.1   subdivision 2, is amended to read: 
 22.2      Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 22.3   paragraph (b), a person convicted under subdivision 1 may be 
 22.4   sentenced to imprisonment for not more than 15 30 years or to a 
 22.5   payment of a fine of not more than $30,000, or both. 
 22.6      (b) A person convicted under subdivision 1 of a subsequent 
 22.7   sex offense shall be sentenced to imprisonment for life.  Unless 
 22.8   a longer mandatory minimum sentence is otherwise required by law 
 22.9   or the Sentencing Guidelines provide for a longer presumptive 
 22.10  executed sentence, and the court imposes this sentence, the 
 22.11  court shall specify a minimum term of imprisonment of 20 years 
 22.12  that must be served before the offender may be considered for 
 22.13  supervised release.  
 22.14     (c) In addition to the sentence imposed under paragraph (a) 
 22.15  or (b), the person may also be sentenced to the payment of a 
 22.16  fine of not more than $30,000.  
 22.17     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 22.18  and applies to crimes committed on or after that date. 
 22.19     Sec. 18.  Minnesota Statutes 2004, section 609.344, 
 22.20  subdivision 3, is amended to read: 
 22.21     Subd. 3.  [STAY.] Except when imprisonment is required 
 22.22  under subdivision 2, paragraph (b), or section 609.109, if a 
 22.23  person is convicted under subdivision 1, clause (f), the court 
 22.24  may stay imposition or execution of the sentence if it finds 
 22.25  that: 
 22.26     (a) a stay is in the best interest of the complainant or 
 22.27  the family unit; and 
 22.28     (b) a professional assessment indicates that the offender 
 22.29  has been accepted by and can respond to a treatment program. 
 22.30     If the court stays imposition or execution of sentence, it 
 22.31  shall include the following as conditions of probation: 
 22.32     (1) incarceration in a local jail or workhouse; 
 22.33     (2) a requirement that the offender complete a treatment 
 22.34  program; and 
 22.35     (3) a requirement that the offender have no unsupervised 
 22.36  contact with the complainant until the offender has successfully 
 23.1   completed the treatment program unless approved by the treatment 
 23.2   program and the supervising correctional agent.  
 23.3      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 23.4   and applies to crimes committed on or after that date. 
 23.5      Sec. 19.  Minnesota Statutes 2004, section 609.345, 
 23.6   subdivision 2, is amended to read: 
 23.7      Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 23.8   paragraph (b), a person convicted under subdivision 1 may be 
 23.9   sentenced to imprisonment for not more than ten 20 years or to a 
 23.10  payment of a fine of not more than $20,000, or both. 
 23.11     (b) A person convicted under subdivision 1 of a subsequent 
 23.12  sex offense shall be sentenced to imprisonment for life.  Unless 
 23.13  a longer mandatory minimum sentence is otherwise required by law 
 23.14  or the Sentencing Guidelines provide for a longer presumptive 
 23.15  executed sentence, and the court imposes this sentence, the 
 23.16  court shall specify a minimum term of imprisonment of 20 years 
 23.17  that must be served before the offender may be considered for 
 23.18  supervised release.  
 23.19     (c) In addition to the sentence imposed under paragraph (a) 
 23.20  or (b), the person may also be sentenced to the payment of a 
 23.21  fine of not more than $20,000.  
 23.22     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 23.23  and applies to crimes committed on or after that date. 
 23.24     Sec. 20.  Minnesota Statutes 2004, section 609.345, 
 23.25  subdivision 3, is amended to read: 
 23.26     Subd. 3.  [STAY.] Except when imprisonment is required 
 23.27  under subdivision 2, paragraph (b), or section 609.109, if a 
 23.28  person is convicted under subdivision 1, clause (f), the court 
 23.29  may stay imposition or execution of the sentence if it finds 
 23.30  that: 
 23.31     (a) a stay is in the best interest of the complainant or 
 23.32  the family unit; and 
 23.33     (b) a professional assessment indicates that the offender 
 23.34  has been accepted by and can respond to a treatment program. 
 23.35     If the court stays imposition or execution of sentence, it 
 23.36  shall include the following as conditions of probation: 
 24.1      (1) incarceration in a local jail or workhouse; 
 24.2      (2) a requirement that the offender complete a treatment 
 24.3   program; and 
 24.4      (3) a requirement that the offender have no unsupervised 
 24.5   contact with the complainant until the offender has successfully 
 24.6   completed the treatment program unless approved by the treatment 
 24.7   program and the supervising correctional agent. 
 24.8      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 24.9   and applies to crimes committed on or after that date. 
 24.10     Sec. 21.  [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.] 
 24.11     Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 24.12  criminal sexual predatory conduct if the person commits a 
 24.13  predatory crime that was motivated by the offender's sexual 
 24.14  impulses or was part of a predatory pattern of behavior that had 
 24.15  criminal sexual conduct as its goal.  
 24.16     Subd. 2.  [PENALTY.] (a) Except as provided in paragraph 
 24.17  (b), a person convicted under subdivision 1 may be sentenced to 
 24.18  imprisonment for a minimum of 15 years or twice the statutory 
 24.19  maximum for the underlying predatory crime, whichever is longer. 
 24.20     (b) A person convicted under subdivision 1 of a subsequent 
 24.21  sex offense shall be sentenced to imprisonment for life.  Unless 
 24.22  a longer mandatory minimum sentence is otherwise required by law 
 24.23  or the Sentencing Guidelines provide for a longer presumptive 
 24.24  executed sentence, and the court imposes this sentence, the 
 24.25  court shall specify a minimum term of imprisonment of 20 years 
 24.26  that must be served before the offender may be considered for 
 24.27  supervised release.  
 24.28     (c) In addition to the sentence imposed under paragraph (a) 
 24.29  or (b), the person may also be sentenced to the payment of a 
 24.30  fine of not more than $20,000.  
 24.31     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 24.32  and applies to crimes committed on or after that date. 
 24.33     Sec. 22.  Minnesota Statutes 2004, section 609.748, 
 24.34  subdivision 2, is amended to read: 
 24.35     Subd. 2.  [RESTRAINING ORDER; JURISDICTION.] A person who 
 24.36  is a victim of harassment may seek a restraining order from the 
 25.1   district court in the manner provided in this section.  The 
 25.2   parent or, guardian, or stepparent of a minor who is a victim of 
 25.3   harassment may seek a restraining order from the district court 
 25.4   on behalf of the minor.  
 25.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 25.6   and applies to crimes committed on or after that date.  
 25.7      Sec. 23.  Minnesota Statutes 2004, section 609.748, 
 25.8   subdivision 3a, is amended to read: 
 25.9      Subd. 3a.  [FILING FEE; COST OF SERVICE.] The filing fees 
 25.10  for a restraining order under this section are waived for the 
 25.11  petitioner if the petition alleges acts that would constitute a 
 25.12  violation of section 609.749, subdivision 2 or 3, or sections 
 25.13  609.342 to 609.3451.  The court administrator and the sheriff of 
 25.14  any county in this state shall perform their duties relating to 
 25.15  service of process without charge to the petitioner.  The court 
 25.16  shall direct payment of the reasonable costs of service of 
 25.17  process if served by a private process server when the sheriff 
 25.18  is unavailable or if service is made by publication.  The court 
 25.19  may direct a respondent to pay to the court administrator the 
 25.20  petitioner's filing fees and reasonable costs of service of 
 25.21  process if the court determines that the respondent has the 
 25.22  ability to pay the petitioner's fees and costs. 
 25.23     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 25.24  and applies to crimes committed on or after that date.  
 25.25     Sec. 24.  Minnesota Statutes 2004, section 609.749, 
 25.26  subdivision 2, is amended to read: 
 25.27     Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
 25.28  who harasses another by committing any of the following acts is 
 25.29  guilty of a gross misdemeanor: 
 25.30     (1) directly or indirectly manifests a purpose or intent to 
 25.31  injure the person, property, or rights of another by the 
 25.32  commission of an unlawful act; 
 25.33     (2) stalks, follows, monitors, or pursues another, whether 
 25.34  in person or through technological or other means; 
 25.35     (3) returns to the property of another if the actor is 
 25.36  without claim of right to the property or consent of one with 
 26.1   authority to consent; 
 26.2      (4) repeatedly makes telephone calls, or induces a victim 
 26.3   to make telephone calls to the actor, whether or not 
 26.4   conversation ensues; 
 26.5      (5) makes or causes the telephone of another repeatedly or 
 26.6   continuously to ring; 
 26.7      (6) repeatedly mails or delivers or causes the delivery by 
 26.8   any means, including electronically, of letters, telegrams, 
 26.9   messages, packages, or other objects; or 
 26.10     (7) knowingly makes false allegations against a peace 
 26.11  officer concerning the officer's performance of official duties 
 26.12  with intent to influence or tamper with the officer's 
 26.13  performance of official duties. 
 26.14     (b) The conduct described in paragraph (a), clauses (4) and 
 26.15  (5), may be prosecuted at the place where any call is either 
 26.16  made or received or, additionally in the case of wireless or 
 26.17  electronic communication, where the actor or victim resides.  
 26.18  The conduct described in paragraph (a), clause (2), may be 
 26.19  prosecuted where the actor or victim resides.  The conduct 
 26.20  described in paragraph (a), clause (6), may be prosecuted where 
 26.21  any letter, telegram, message, package, or other object is 
 26.22  either sent or received or, additionally in the case of wireless 
 26.23  or electronic communication, where the actor or victim resides. 
 26.24     (c) A peace officer may not make a warrantless, custodial 
 26.25  arrest of any person for a violation of paragraph (a), clause 
 26.26  (7). 
 26.27     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 26.28  and applies to crimes committed on or after that date.  
 26.29     Sec. 25.  Minnesota Statutes 2004, section 609.79, 
 26.30  subdivision 2, is amended to read: 
 26.31     Subd. 2.  [VENUE.] The offense may be prosecuted either at 
 26.32  the place where the call is made or where it is received or, 
 26.33  additionally in the case of wireless or electronic 
 26.34  communication, where the sender or receiver resides.  
 26.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 26.36  and applies to crimes committed on or after that date.  
 27.1      Sec. 26.  Minnesota Statutes 2004, section 609.795, is 
 27.2   amended by adding a subdivision to read: 
 27.3      Subd. 3.  [VENUE.] The offense may be prosecuted either at 
 27.4   the place where the letter, telegram, or package is sent or 
 27.5   received or, alternatively in the case of wireless electronic 
 27.6   communication, where the sender or receiver resides. 
 27.7      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 27.8   and applies to crimes committed on or after that date.  
 27.9      Sec. 27.  [SENTENCING GUIDELINES; CHANGES MANDATED.] 
 27.10     (a) The Sentencing Guidelines Commission shall modify the 
 27.11  Sentencing Guidelines, including the guidelines grid, to reflect 
 27.12  the changes made in this act.  
 27.13     (b) The commission shall make the sex offender-related 
 27.14  modifications to the guidelines and grid proposed in the 
 27.15  commission's January 2005 report to the legislature, including 
 27.16  creating a separate sex offender grid, and changing the method 
 27.17  used to calculate the weights assigned to sex offenses when 
 27.18  calculating an offender's criminal history.  However, the 
 27.19  commission shall adapt the proposed modifications to reflect the 
 27.20  restructuring of sex offense sentences under this article.  
 27.21     (c) Modifications made by the commission under this section 
 27.22  take effect August 1, 2005.  
 27.23     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 27.24  following final enactment.  
 27.25     Sec. 28.  [REPEALER.] 
 27.26     Minnesota Statutes 2004, sections 609.108, subdivision 2, 
 27.27  and 609.109, subdivisions 2, 4, and 6, are repealed. 
 27.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 27.29  and applies to crimes committed on or after that date. 
 27.30                             ARTICLE 3
 27.31               SEX OFFENDER POLICY AND REVIEW BOARDS 
 27.32     Section 1.  Minnesota Statutes 2004, section 13.851, is 
 27.33  amended by adding a subdivision to read: 
 27.34     Subd. 9.  [PREDATORY OFFENDERS; MINNESOTA SEX OFFENDER 
 27.35  REVIEW BOARD.] Certain data classified under this chapter are 
 27.36  made accessible to the Minnesota Sex Offender Review Board under 
 28.1   section 244.0515. 
 28.2      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 28.3      Sec. 2.  Minnesota Statutes 2004, section 13D.05, 
 28.4   subdivision 2, is amended to read: 
 28.5      Subd. 2.  [WHEN MEETING MUST BE CLOSED.] (a) Any portion of 
 28.6   a meeting must be closed if expressly required by other law or 
 28.7   if the following types of data are discussed: 
 28.8      (1) data that would identify alleged victims or reporters 
 28.9   of criminal sexual conduct, domestic abuse, or maltreatment of 
 28.10  minors or vulnerable adults; 
 28.11     (2) active investigative data as defined in section 13.82, 
 28.12  subdivision 7, or internal affairs data relating to allegations 
 28.13  of law enforcement personnel misconduct collected or created by 
 28.14  a state agency, statewide system, or political subdivision; or 
 28.15     (3) educational data, health data, medical data, welfare 
 28.16  data, or mental health data that are not public data under 
 28.17  section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, 
 28.18  subdivision 2 or 7.  
 28.19     (b) A public body shall close one or more meetings for 
 28.20  preliminary consideration of allegations or charges against an 
 28.21  individual subject to its authority.  If the members conclude 
 28.22  that discipline of any nature may be warranted as a result of 
 28.23  those specific charges or allegations, further meetings or 
 28.24  hearings relating to those specific charges or allegations held 
 28.25  after that conclusion is reached must be open.  A meeting must 
 28.26  also be open at the request of the individual who is the subject 
 28.27  of the meeting.  
 28.28     (c) The Minnesota Sex Offender Review Board authorized by 
 28.29  section 244.0515 must close a meeting to deliberate whether an 
 28.30  inmate's petition meets the criteria for release established by 
 28.31  the board.  The board must identify the inmate whose petition 
 28.32  will be deliberated.  At its next open meeting, the board shall 
 28.33  summarize its deliberations regarding the inmate's petition. 
 28.34     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 28.35     Sec. 3.  [243.168] [SEX OFFENDER POLICY BOARD; 
 28.36  ESTABLISHMENT; MEMBERSHIP; REPORTS.] 
 29.1      Subdivision 1.  [ESTABLISHMENT.] A Sex Offender Policy 
 29.2   Board is established to develop professional standards for 
 29.3   treatment of sex offenders, including uniform supervision and 
 29.4   treatment guidelines. 
 29.5      (a) The governor shall appoint a Sex Offender Policy Board 
 29.6   to serve in an advisory capacity to the governor.  The governor 
 29.7   shall appoint to the board five professionals with relevant and 
 29.8   complimentary experience in treatment, law enforcement, sex 
 29.9   offender assessment, and sex offender management. 
 29.10     (b) Members of the board appointed by the governor serve at 
 29.11  the pleasure of the governor and their terms end with the term 
 29.12  of the governor.  Members of the board serve without 
 29.13  compensation but may be reimbursed for reasonable expenses as 
 29.14  determined by the commissioner of corrections.  Notwithstanding 
 29.15  section 15.059, the board does not expire until repealed by law. 
 29.16     Subd. 2.  [REPORTS TO LEGISLATURE.] The board must submit 
 29.17  reports to the legislature on the professional standards for 
 29.18  treatment of sex offenders, including uniform supervision and 
 29.19  treatment guidelines. 
 29.20     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 29.21     Sec. 4.  [244.0515] [MINNESOTA SEX OFFENDER REVIEW BOARD.] 
 29.22     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 29.23  following terms have the meanings given:  
 29.24     (1) "board" means the Minnesota Sex Offender Review Board; 
 29.25  and 
 29.26     (2) "commissioner" means the commissioner of corrections. 
 29.27     Subd. 2.  [RESPONSIBILITIES.] The board is responsible for 
 29.28  making decisions regarding the release of inmates sentenced to 
 29.29  life sentences under section 609.109; 609.342, subdivision 2, 
 29.30  paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344, 
 29.31  subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph 
 29.32  (b); or 609.3453, subdivision 2, paragraph (b).  
 29.33     Subd. 3.  [EXEMPTION FROM CHAPTER 14.] (a) For the purposes 
 29.34  of this section and except as provided in paragraph (b), the 
 29.35  board and the commissioner are not subject to chapter 14. 
 29.36     (b) The board and the commissioner may adopt rules under 
 30.1   section 14.389 to implement this section. 
 30.2      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 30.3      Sec. 5.  [DIRECTION TO COMMISSIONER OF CORRECTIONS.] 
 30.4      (a) The commissioner of corrections shall establish 
 30.5   criteria and procedures for the Minnesota Sex Offender Review 
 30.6   Board established under Minnesota Statutes, section 244.0515.  
 30.7   The commissioner shall develop recommendations for the 
 30.8   composition, duties, procedures, and review criteria for release 
 30.9   of sex offenders.  The proposed procedures and review criteria 
 30.10  shall be for use by the board in making release and revocation 
 30.11  decisions on offenders sentenced under Minnesota Statutes, 
 30.12  section 609.109; 609.342, subdivision 2, paragraph (b); 609.343, 
 30.13  subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 
 30.14  (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 
 30.15  subdivision 2, paragraph (b).  In establishing criteria and 
 30.16  procedures, the commissioner shall seek the input of the 
 30.17  end-of-confinement review committee at each state correctional 
 30.18  facility and at each state treatment facility where predatory 
 30.19  offenders are confined.  The commissioner also shall seek input 
 30.20  from individuals knowledgeable in health and human services; 
 30.21  public safety; Minnesota's sex offender treatment program; 
 30.22  treatment of sex offenders; crime victim issues; criminal law; 
 30.23  sentencing guidelines; law enforcement; and probation, 
 30.24  supervised release, and conditional release.  
 30.25     (b) By December 15, 2005, the commissioner shall submit a 
 30.26  written report to the legislature containing proposed 
 30.27  composition, duties, procedures, and review criteria of the 
 30.28  Minnesota Sex Offender Board.  This report also must include a 
 30.29  summary of the input gathered under paragraph (a).  
 30.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 30.31  following final enactment. 
 30.32     Sec. 6.  [SUPREME COURT TASK FORCE; STUDY REQUIRED.] 
 30.33     Subdivision 1.  [ESTABLISHMENT.] The Minnesota Supreme 
 30.34  Court is requested to establish a task force to study the use of 
 30.35  the court system as an alternative to the administrative process 
 30.36  of the special review board for reductions in custody and 
 31.1   discharge from commitment of those persons committed as a 
 31.2   sexually dangerous person or sexual psychopathic personality 
 31.3   under Minnesota Statutes, section 253B.185. 
 31.4      Subd. 2.  [MEMBERSHIP.] The task force shall consist of the 
 31.5   following: 
 31.6      (1) a representative from the Supreme Court; 
 31.7      (2) a court administrator; 
 31.8      (3) a district court judge; 
 31.9      (4) a county attorney selected by the county attorney's 
 31.10  association; 
 31.11     (5) a representative from the attorney general's office; 
 31.12     (6) the Ombudsman for Mental Health and Mental Retardation; 
 31.13     (7) a law enforcement representative; 
 31.14     (8) a county case manager; 
 31.15     (9) a victim services representative; 
 31.16     (10) a person experienced in treating sex offenders; 
 31.17     (11) a defense attorney; 
 31.18     (12) the commissioner of human services or designee; 
 31.19     (13) the state-operated services forensic medical director 
 31.20  or designee; 
 31.21     (14) the commissioner of corrections or designee; 
 31.22     (15) a representative from community corrections; 
 31.23     (16) a member of the special review board; and 
 31.24     (17) any other persons deemed necessary by the Minnesota 
 31.25  Supreme Court. 
 31.26     Subd. 3.  [RECOMMENDATIONS.] The task force shall be 
 31.27  convened no later than August 1, 2005.  The task force shall 
 31.28  examine current law and practices relating to the reduction in 
 31.29  custody and discharge of persons committed as a sexually 
 31.30  dangerous person or sexual psychopathic personality.  The task 
 31.31  forces shall examine the laws of other jurisdictions and shall 
 31.32  make recommendations regarding reduction in custody and 
 31.33  discharge procedures and release criteria.  The recommendations 
 31.34  may suggest the establishment of a judicial process rather than 
 31.35  the special review board to authorize a reduction in custody or 
 31.36  discharge. 
 32.1      Subd. 4.  [REPORT.] The task force shall report to the 
 32.2   chairs of the house Public Safety Policy and Finance Committee 
 32.3   and the senate Crime Prevention and Public Safety Committee with 
 32.4   recommendations by December 15, 2005. 
 32.5                              ARTICLE 4 
 32.6                     PREDATORY OFFENDER REGISTRY
 32.7      Section 1.  Minnesota Statutes 2004, section 13.82, is 
 32.8   amended by adding a subdivision to read: 
 32.9      Subd. 28.  [DISCLOSURE OF SEX OFFENDER REGISTRANT STATUS.] 
 32.10  Law enforcement agency disclosure to health facilities of the 
 32.11  registrant status of a registered sex offender is governed by 
 32.12  section 244.052. 
 32.13     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 32.14     Sec. 2.  Minnesota Statutes 2004, section 144A.135, is 
 32.15  amended to read: 
 32.16     144A.135 [TRANSFER AND DISCHARGE APPEALS.] 
 32.17     (a) The commissioner shall establish a mechanism for 
 32.18  hearing appeals on transfers and discharges of residents by 
 32.19  nursing homes or boarding care homes licensed by the 
 32.20  commissioner.  The commissioner may adopt permanent rules to 
 32.21  implement this section. 
 32.22     (b) Until federal regulations are adopted under sections 
 32.23  1819(f)(3) and 1919(f)(3) of the Social Security Act that govern 
 32.24  appeals of the discharges or transfers of residents from nursing 
 32.25  homes and boarding care homes certified for participation in 
 32.26  Medicare or medical assistance, the commissioner shall provide 
 32.27  hearings under sections 14.57 to 14.62 and the rules adopted by 
 32.28  the Office of Administrative Hearings governing contested 
 32.29  cases.  To appeal the discharge or transfer, or notification of 
 32.30  an intended discharge or transfer, a resident or the resident's 
 32.31  representative must request a hearing in writing no later than 
 32.32  30 days after receiving written notice, which conforms to state 
 32.33  and federal law, of the intended discharge or transfer.  
 32.34     (c) Hearings under this section shall be held no later than 
 32.35  14 days after receipt of the request for hearing, unless 
 32.36  impractical to do so or unless the parties agree otherwise.  
 33.1   Hearings shall be held in the facility in which the resident 
 33.2   resides, unless impractical to do so or unless the parties agree 
 33.3   otherwise. 
 33.4      (d) A resident who timely appeals a notice of discharge or 
 33.5   transfer, and who resides in a certified nursing home or 
 33.6   boarding care home, may not be discharged or transferred by the 
 33.7   nursing home or boarding care home until resolution of the 
 33.8   appeal.  The commissioner can order the facility to readmit the 
 33.9   resident if the discharge or transfer was in violation of state 
 33.10  or federal law.  If the resident is required to be hospitalized 
 33.11  for medical necessity before resolution of the appeal, the 
 33.12  facility shall readmit the resident unless the resident's 
 33.13  attending physician documents, in writing, why the resident's 
 33.14  specific health care needs cannot be met in the facility. 
 33.15     (e) The commissioner and Office of Administrative Hearings 
 33.16  shall conduct the hearings in compliance with the federal 
 33.17  regulations described in paragraph (b), when adopted.  
 33.18     (f) Nothing in this section limits the right of a resident 
 33.19  or the resident's representative to request or receive 
 33.20  assistance from the Office of Ombudsman for Older Minnesotans or 
 33.21  the Office of Health Facility Complaints with respect to an 
 33.22  intended discharge or transfer. 
 33.23     (g) A person required to inform a health care facility of 
 33.24  the person's status as a registered sex offender under section 
 33.25  243.166, subdivision 4b, who knowingly fails to do so shall be 
 33.26  deemed to have endangered the safety of individuals in the 
 33.27  facility under Code of Federal Regulations, chapter 42, section 
 33.28  483.12.  Notwithstanding paragraph (d), any appeal of the notice 
 33.29  and discharge shall not constitute a stay of the discharge. 
 33.30     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 33.31     Sec. 3.  Minnesota Statutes 2004, section 243.166, is 
 33.32  amended to read: 
 33.33     243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 
 33.34     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 33.35  register under this section if:  
 33.36     (1) the person was charged with or petitioned for a felony 
 34.1   violation of or attempt to violate any of the following, and 
 34.2   convicted of or adjudicated delinquent for that offense or 
 34.3   another offense arising out of the same set of circumstances: 
 34.4      (i) murder under section 609.185, clause (2); or 
 34.5      (ii) kidnapping under section 609.25; or 
 34.6      (iii) criminal sexual conduct under section 609.342; 
 34.7   609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
 34.8      (iv) indecent exposure under section 617.23, subdivision 3; 
 34.9   or 
 34.10     (2) the person was charged with or petitioned for falsely 
 34.11  imprisoning a minor in violation of section 609.255, subdivision 
 34.12  2; soliciting a minor to engage in prostitution in violation of 
 34.13  section 609.322 or 609.324; soliciting a minor to engage in 
 34.14  sexual conduct in violation of section 609.352; using a minor in 
 34.15  a sexual performance in violation of section 617.246; or 
 34.16  possessing pornographic work involving a minor in violation of 
 34.17  section 617.247, and convicted of or adjudicated delinquent for 
 34.18  that offense or another offense arising out of the same set of 
 34.19  circumstances; or 
 34.20     (3) the person was convicted of a predatory crime as 
 34.21  defined in section 609.108, and the offender was sentenced as a 
 34.22  patterned sex offender or the court found on its own motion or 
 34.23  that of the prosecutor that the crime was part of a predatory 
 34.24  pattern of behavior that had criminal sexual conduct as its 
 34.25  goal; or 
 34.26     (4) the person was convicted of or adjudicated delinquent 
 34.27  for, including pursuant to a court martial, violating a law of 
 34.28  the United States, including the Uniform Code of Military 
 34.29  Justice, similar to the offenses described in clause (1), (2), 
 34.30  or (3). 
 34.31     (b) A person also shall register under this section if: 
 34.32     (1) the person was convicted of or adjudicated delinquent 
 34.33  in another state for an offense that would be a violation of a 
 34.34  law described in paragraph (a) if committed in this state; 
 34.35     (2) the person enters the state to reside, or to work or 
 34.36  attend school; and 
 35.1      (3) ten years have not elapsed since the person was 
 35.2   released from confinement or, if the person was not confined, 
 35.3   since the person was convicted of or adjudicated delinquent for 
 35.4   the offense that triggers registration, unless the person is 
 35.5   subject to lifetime registration, in which case the person must 
 35.6   register for life regardless of when the person was released 
 35.7   from confinement, convicted, or adjudicated delinquent. 
 35.8   For purposes of this paragraph: 
 35.9      (i) "school" includes any public or private educational 
 35.10  institution, including any secondary school, trade or 
 35.11  professional institution, or institution of higher education, 
 35.12  that the person is enrolled in on a full-time or part-time 
 35.13  basis; and 
 35.14     (ii) "work" includes employment that is full time or part 
 35.15  time for a period of time exceeding 14 days or for an aggregate 
 35.16  period of time exceeding 30 days during any calendar year, 
 35.17  whether financially compensated, volunteered, or for the purpose 
 35.18  of government or educational benefit. 
 35.19     (c) A person also shall register under this section if the 
 35.20  person was committed pursuant to a court commitment order under 
 35.21  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 35.22  a similar law of another state or the United States, regardless 
 35.23  of whether the person was convicted of any offense. 
 35.24     (d) A person also shall register under this section if: 
 35.25     (1) the person was charged with or petitioned for a felony 
 35.26  violation or attempt to violate any of the offenses listed in 
 35.27  paragraph (a), clause (1), or a similar law of another state or 
 35.28  the United States, or the person was charged with or petitioned 
 35.29  for a violation of any of the offenses listed in paragraph (a), 
 35.30  clause (2), or a similar law of another state or the United 
 35.31  States; 
 35.32     (2) the person was found not guilty by reason of mental 
 35.33  illness or mental deficiency after a trial for that offense, or 
 35.34  found guilty but mentally ill after a trial for that offense, in 
 35.35  states with a guilty but mentally ill verdict; and 
 35.36     (3) the person was committed pursuant to a court commitment 
 36.1   order under section 253B.18 or a similar law of another state or 
 36.2   the United States. 
 36.3      Subd. 1a.  [DEFINITIONS.] (a) As used in this section, 
 36.4   unless the context clearly indicates otherwise, the following 
 36.5   terms have the meanings given them. 
 36.6      (b) "Bureau" means the Bureau of Criminal Apprehension.  
 36.7      (c) "Dwelling" means the building where the person lives 
 36.8   under a formal or informal agreement to do so.  
 36.9      (d) "Incarceration" and "confinement" do not include 
 36.10  electronic home monitoring.  
 36.11     (e) "Law enforcement authority" or "authority" means, with 
 36.12  respect to a home rule charter or statutory city, the chief of 
 36.13  police, and with respect to an unincorporated area, the county 
 36.14  sheriff. 
 36.15     (f) "Motor vehicle" has the meaning given in section 
 36.16  169.01, subdivision 2. 
 36.17     (g) "Primary address" means the mailing address of the 
 36.18  person's dwelling.  If the mailing address is different from the 
 36.19  actual location of the dwelling, primary address also includes 
 36.20  the physical location of the dwelling described with as much 
 36.21  specificity as possible. 
 36.22     (h) "School" includes any public or private educational 
 36.23  institution, including any secondary school, trade, or 
 36.24  professional institution, or institution of higher education, 
 36.25  that the person is enrolled in on a full-time or part-time basis.
 36.26     (i) "Secondary address" means the mailing address of any 
 36.27  place where the person regularly or occasionally stays overnight 
 36.28  when not staying at the person's primary address.  If the 
 36.29  mailing address is different from the actual location of the 
 36.30  place, secondary address also includes the physical location of 
 36.31  the place described with as much specificity as possible. 
 36.32     (j) "Treatment facility" means a residential facility, as 
 36.33  defined in section 244.052, subdivision 1, and residential 
 36.34  chemical dependency treatment programs and halfway houses 
 36.35  licensed under chapter 245A, including, but not limited to, 
 36.36  those facilities directly or indirectly assisted by any 
 37.1   department or agency of the United States. 
 37.2      (k) "Work" includes employment that is full time or part 
 37.3   time for a period of time exceeding 14 days or for an aggregate 
 37.4   period of time exceeding 30 days during any calendar year, 
 37.5   whether financially compensated, volunteered, or for the purpose 
 37.6   of government or educational benefit. 
 37.7      Subd. 1b.  [REGISTRATION REQUIRED.] (a) A person shall 
 37.8   register under this section if: 
 37.9      (1) the person was charged with or petitioned for a felony 
 37.10  violation of or attempt to violate, or aiding, abetting, or 
 37.11  conspiracy to commit, any of the following, and convicted of or 
 37.12  adjudicated delinquent for that offense or another offense 
 37.13  arising out of the same set of circumstances: 
 37.14     (i) murder under section 609.185, clause (2); 
 37.15     (ii) kidnapping under section 609.25; 
 37.16     (iii) criminal sexual conduct under section 609.342; 
 37.17  609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453; 
 37.18  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  243.166; 
 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) If approved by the United States Department of Justice, 
 74.26  the commissioner may have access to national criminal history 
 74.27  information, through the Department of Public Safety, in support 
 74.28  of the law enforcement function described in paragraph (c).  If 
 74.29  approval of the United States Department of Justice is not 
 74.30  obtained by the commissioner before July 1, 2007, the 
 74.31  authorization in this paragraph sunsets on that date.  
 74.32     Subd. 3.  [COMMUNITY-BASED TREATMENT AND MEDICAL 
 74.33  TREATMENT.] (a) When a patient under the care and supervision of 
 74.34  state-operated services is released to a community-based 
 74.35  treatment facility or facility that provides health care 
 74.36  services, state-operated services may disclose all appropriate 
 75.1   and necessary health and other information relating to the 
 75.2   patient. 
 75.3      (b) The information that must be provided to the designated 
 75.4   agency, community-based treatment facility, or facility that 
 75.5   provides health care services includes, but is not limited to, 
 75.6   the patient's abuse prevention plan required under section 
 75.7   626.557, subdivision 14, paragraph (b). 
 75.8      Subd. 4.  [PREDATORY OFFENDER REGISTRATION 
 75.9   NOTIFICATION.] (a) When a state-operated facility determines 
 75.10  that a patient is required under section 243.166, subdivision 1, 
 75.11  to register as a predatory offender or, under section 243.166, 
 75.12  subdivision 4a, to provide notice of a change in status, the 
 75.13  facility shall provide written notice to the patient of the 
 75.14  requirement. 
 75.15     (b) If the patient refuses, is unable, or lacks capacity to 
 75.16  comply with the requirement described in paragraph (a) within 
 75.17  five days after receiving the notification of the duty to 
 75.18  comply, state-operated services staff shall obtain and disclose 
 75.19  the necessary data to complete the registration form or change 
 75.20  of status notification for the patient.  The treatment facility 
 75.21  shall also forward the registration or change of status data 
 75.22  that it completes to the Bureau of Criminal Apprehension and, as 
 75.23  applicable, the patient's corrections agent and the law 
 75.24  enforcement agency in the community in which the patient 
 75.25  currently resides.  If, after providing notification, the 
 75.26  patient refuses to comply with the requirements described in 
 75.27  paragraph (a), the treatment facility shall also notify the 
 75.28  county attorney in the county in which the patient is currently 
 75.29  residing of the refusal. 
 75.30     (c) The duties of state-operated services described in this 
 75.31  subdivision do not relieve the patient of the ongoing individual 
 75.32  duty to comply with the requirements of section 243.166. 
 75.33     Subd. 5.  [LIMITATIONS ON USE OF BLOODBORNE PATHOGEN TEST 
 75.34  RESULTS.] Sections 246.71, 246.711, 246.712, 246.713, 246.714, 
 75.35  246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721, 
 75.36  and 246.722 apply to state-operated services facilities. 
 76.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 76.2      Sec. 3.  Minnesota Statutes 2004, section 253B.18, 
 76.3   subdivision 4a, is amended to read: 
 76.4      Subd. 4a.  [RELEASE ON PASS; NOTIFICATION.] A patient who 
 76.5   has been committed as a person who is mentally ill and dangerous 
 76.6   and who is confined at a secure treatment facility or has been 
 76.7   transferred out of a state-operated services facility according 
 76.8   to section 253B.18, subdivision 6, shall not be released on a 
 76.9   pass unless the pass is part of a pass plan that has been 
 76.10  approved by the medical director of the secure treatment 
 76.11  facility.  The pass plan must have a specific therapeutic 
 76.12  purpose consistent with the treatment plan, must be established 
 76.13  for a specific period of time, and must have specific levels of 
 76.14  liberty delineated.  The county case manager must be invited to 
 76.15  participate in the development of the pass plan.  At least ten 
 76.16  days prior to a determination on the plan, the medical director 
 76.17  shall notify the designated agency, the committing court, the 
 76.18  county attorney of the county of commitment, an interested 
 76.19  person, the local law enforcement agency where the facility is 
 76.20  located, the local law enforcement agency in the location where 
 76.21  the pass is to occur, the petitioner, and the petitioner's 
 76.22  counsel of the plan, the nature of the passes proposed, and 
 76.23  their right to object to the plan.  If any notified person 
 76.24  objects prior to the proposed date of implementation, the person 
 76.25  shall have an opportunity to appear, personally or in writing, 
 76.26  before the medical director, within ten days of the objection, 
 76.27  to present grounds for opposing the plan.  The pass plan shall 
 76.28  not be implemented until the objecting person has been furnished 
 76.29  that opportunity.  Nothing in this subdivision shall be 
 76.30  construed to give a patient an affirmative right to a pass plan. 
 76.31     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 76.32     Sec. 4.  Minnesota Statutes 2004, section 299C.093, is 
 76.33  amended to read: 
 76.34     299C.093 [DATABASE OF REGISTERED PREDATORY OFFENDERS.] 
 76.35     The superintendent of the Bureau of Criminal Apprehension 
 76.36  shall maintain a computerized data system relating to 
 77.1   individuals required to register as predatory offenders under 
 77.2   section 243.166.  To the degree feasible, the system must 
 77.3   include the information data required to be provided under 
 77.4   section 243.166, subdivisions 4 and 4a, and indicate the time 
 77.5   period that the person is required to register.  The 
 77.6   superintendent shall maintain this information data in a manner 
 77.7   that ensures that it is readily available to law enforcement 
 77.8   agencies.  This information data is private data on individuals 
 77.9   under section 13.02, subdivision 12, but may be used for law 
 77.10  enforcement and corrections purposes.  State-operated services, 
 77.11  as defined in section 246.014, are also authorized to have 
 77.12  access to the data for the purposes described in section 246.13, 
 77.13  subdivision 2, paragraph (c). 
 77.14     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 77.15     Sec. 5.  Minnesota Statutes 2004, section 609.2231, 
 77.16  subdivision 3, is amended to read: 
 77.17     Subd. 3.  [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS.] 
 77.18  Whoever commits either of the following acts against an employee 
 77.19  of a correctional facility as defined in section 241.021, 
 77.20  subdivision 1, paragraph (f), or an employee or other individual 
 77.21  who provides care or treatment at a treatment facility as 
 77.22  defined in section 252.025, subdivision 7, or 253B.02, 
 77.23  subdivision 18a, or against a probation officer or other 
 77.24  qualified person employed in supervising offenders while the 
 77.25  employee, officer, or person is engaged in the performance of a 
 77.26  duty imposed by law, policy, or rule is guilty of a felony and 
 77.27  may be sentenced to imprisonment for not more than two years or 
 77.28  to payment of a fine of not more than $4,000, or both: 
 77.29     (1) assaults the employee person and inflicts demonstrable 
 77.30  bodily harm; or 
 77.31     (2) intentionally throws or otherwise transfers bodily 
 77.32  fluids or feces at or onto the employee person. 
 77.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 77.34     Sec. 6.  Minnesota Statutes 2004, section 626.557, 
 77.35  subdivision 14, is amended to read: 
 77.36     Subd. 14.  [ABUSE PREVENTION PLANS.] (a) Each facility, 
 78.1   except home health agencies and personal care attendant services 
 78.2   providers, shall establish and enforce an ongoing written abuse 
 78.3   prevention plan.  The plan shall contain an assessment of the 
 78.4   physical plant, its environment, and its population identifying 
 78.5   factors which may encourage or permit abuse, and a statement of 
 78.6   specific measures to be taken to minimize the risk of abuse.  
 78.7   The plan shall comply with any rules governing the plan 
 78.8   promulgated by the licensing agency.  
 78.9      (b) Each facility, including a home health care agency and 
 78.10  personal care attendant services providers, shall develop an 
 78.11  individual abuse prevention plan for each vulnerable adult 
 78.12  residing there or receiving services from them.  The plan shall 
 78.13  contain an individualized assessment of both the person's 
 78.14  susceptibility to abuse by other individuals, including other 
 78.15  vulnerable adults, and the potential risks posed by the person 
 78.16  to the other patients, to facility staff, and to others; and a 
 78.17  statement of the specific measures to be taken to minimize the 
 78.18  risk of abuse to that person and others.  For the purposes of 
 78.19  this clause, the term "abuse" includes self-abuse. 
 78.20     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 78.21     Sec. 7.  [REPEALER.] 
 78.22     Minnesota Statutes 2004, section 246.017, subdivision 1, is 
 78.23  repealed. 
 78.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 78.25                             ARTICLE 6
 78.26                 HUMAN SERVICES BACKGROUND STUDIES 
 78.27     Section 1.  Minnesota Statutes 2004, section 13.461, is 
 78.28  amended by adding a subdivision to read: 
 78.29     Subd. 29.  [DISQUALIFICATION FROM DIRECT CONTACT.] The 
 78.30  classification of data about individuals disqualified from 
 78.31  providing direct contact services is governed by section 
 78.32  245C.22, subdivision 7. 
 78.33     Sec. 2.  Minnesota Statutes 2004, section 13.461, is 
 78.34  amended by adding a subdivision to read: 
 78.35     Subd. 30.  [SET-ASIDE DATA.] Disclosure of data relating to 
 78.36  individuals who have obtained a set-aside of the 
 79.1   disqualification is governed by section 245C.22, subdivision 7. 
 79.2      Sec. 3.  Minnesota Statutes 2004, section 13.461, is 
 79.3   amended by adding a subdivision to read: 
 79.4      Subd. 31.  [VARIANCE DATA.] Disclosure of data relating to 
 79.5   disqualified individuals as to whom a variance has been obtained 
 79.6   by the individual's employer is governed by section 245C.30, 
 79.7   subdivision 2. 
 79.8      Sec. 4.  Minnesota Statutes 2004, section 245C.03, 
 79.9   subdivision 1, is amended to read: 
 79.10     Subdivision 1.  [LICENSED PROGRAMS.] (a) The commissioner 
 79.11  shall conduct a background study on: 
 79.12     (1) the person or persons applying for a license; 
 79.13     (2) an individual age 13 and over living in the household 
 79.14  where the licensed program will be provided; 
 79.15     (3) current or prospective employees or contractors of the 
 79.16  applicant who will have direct contact with persons served by 
 79.17  the facility, agency, or program; 
 79.18     (4) volunteers or student volunteers who will have direct 
 79.19  contact with persons served by the program to provide program 
 79.20  services if the contact is not under the continuous, direct 
 79.21  supervision by an individual listed in clause (1) or (3); 
 79.22     (5) an individual age ten to 12 living in the household 
 79.23  where the licensed services will be provided when the 
 79.24  commissioner has reasonable cause; 
 79.25     (6) an individual who, without providing direct contact 
 79.26  services at a licensed program, may have unsupervised access to 
 79.27  children or vulnerable adults receiving services from a program 
 79.28  licensed to provide: 
 79.29     (i) family child care for children; 
 79.30     (ii) foster care for children in the provider's own home; 
 79.31  or 
 79.32     (iii) foster care or day care services for adults in the 
 79.33  provider's own home; and 
 79.34     (7) all managerial officials as defined under section 
 79.35  245A.02, subdivision 5a. 
 79.36  The commissioner must have reasonable cause to study an 
 80.1   individual under this subdivision. 
 80.2      (b) For family child foster care settings, a short-term 
 80.3   substitute caregiver providing direct contact services for a 
 80.4   child for less than 72 hours of continuous care is not required 
 80.5   to receive a background study under this chapter. 
 80.6      Sec. 5.  Minnesota Statutes 2004, section 245C.13, 
 80.7   subdivision 2, is amended to read: 
 80.8      Subd. 2.  [DIRECT CONTACT PENDING COMPLETION OF BACKGROUND 
 80.9   STUDY.] Unless otherwise specified, the subject of a background 
 80.10  study may have direct contact with persons served by a program 
 80.11  after the background study form is mailed or submitted to the 
 80.12  commissioner pending notification of the study results under 
 80.13  section 245C.17. The subject of a background study may not 
 80.14  perform any activity requiring a background study under 
 80.15  paragraph (b) until the commissioner has issued one of the 
 80.16  notices under paragraph (a). 
 80.17     (a) Notices from the commissioner required prior to 
 80.18  activity under paragraph (b) include: 
 80.19     (1) a notice of the study results under section 245C.17 
 80.20  stating that: 
 80.21     (i) the individual is not disqualified; or 
 80.22     (ii) more time is needed to complete the study but the 
 80.23  individual is not required to be removed from direct contact or 
 80.24  access to people receiving services prior to completion of the 
 80.25  study as provided under section 245A.17, paragraph (c); 
 80.26     (2) a notice that a disqualification has been set aside 
 80.27  under section 245C.23; or 
 80.28     (3) a notice that a variance has been granted related to 
 80.29  the individual under section 245C.30. 
 80.30     (b) Activities prohibited prior to receipt of notice under 
 80.31  paragraph (a) include: 
 80.32     (1) being issued a license; 
 80.33     (2) living in the household where the licensed program will 
 80.34  be provided; 
 80.35     (3) providing direct contact services to persons served by 
 80.36  a program unless the subject is under continuous direct 
 81.1   supervision; or 
 81.2      (4) having access to persons receiving services if the 
 81.3   background study was completed under section 144.057, 
 81.4   subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause 
 81.5   (2), (5), or (6), unless the subject is under continuous direct 
 81.6   supervision. 
 81.7      Sec. 6.  Minnesota Statutes 2004, section 245C.15, 
 81.8   subdivision 1, is amended to read: 
 81.9      Subdivision 1.  [PERMANENT DISQUALIFICATION.] (a) An 
 81.10  individual is disqualified under section 245C.14 if:  (1) 
 81.11  regardless of how much time has passed since the discharge of 
 81.12  the sentence imposed, if any, for the offense; and (2) unless 
 81.13  otherwise specified, regardless of the level of the conviction 
 81.14  offense, the individual is convicted of has committed any of the 
 81.15  following offenses:  sections 152.021 (controlled substance 
 81.16  crime in the first degree); 152.022 (controlled substance crime 
 81.17  in the second degree); 152.023 (controlled substance crime in 
 81.18  the third degree); 152.024 (controlled substance crime in the 
 81.19  fourth degree); 152.0261 (importing controlled substances across 
 81.20  state lines); 609.165 (certain convicted felons ineligible to 
 81.21  possess firearms); 609.185 (murder in the first degree); 609.19 
 81.22  (murder in the second degree); 609.195 (murder in the third 
 81.23  degree); 609.20 (manslaughter in the first degree); 609.205 
 81.24  (manslaughter in the second degree); 609.21 (criminal vehicular 
 81.25  homicide and injury); 609.221 or (assault in the first degree); 
 81.26  609.222 (assault in the first or second degree); 609.223 
 81.27  (assault in the third degree); a felony offense under sections 
 81.28  609.2242 and 609.2243 (domestic assault), spousal abuse, child 
 81.29  abuse or neglect, or a crime against children; 609.228 (great 
 81.30  bodily harm caused by distribution of drugs); an offense 
 81.31  punishable as a felony under 609.229 (crime committed for the 
 81.32  benefit of a gang); 609.235 (use of drugs to injure or 
 81.33  facilitate a crime); 609.24 (simple robbery); 609.245 
 81.34  (aggravated robbery); 609.25 (kidnapping); 609.255 (false 
 81.35  imprisonment); 609.2661 (murder of an unborn child in the first 
 81.36  degree); 609.2662 (murder of an unborn child in the second 
 82.1   degree); 609.2663 (murder of an unborn child in the third 
 82.2   degree); 609.2664 (manslaughter of an unborn child in the first 
 82.3   degree); 609.2665 (manslaughter of an unborn child in the second 
 82.4   degree); 609.267 (assault of an unborn child in the first 
 82.5   degree); 609.2671 (assault of an unborn child in the second 
 82.6   degree); 609.268 (injury or death of an unborn child in 
 82.7   commission of a crime); 609.322 (solicitation, inducement, and 
 82.8   promotion of prostitution); a felony offense under 609.324, 
 82.9   subdivision 1 (other prohibited acts); 609.342 (criminal sexual 
 82.10  conduct in the first degree); 609.343 (criminal sexual conduct 
 82.11  in the second degree); 609.344 (criminal sexual conduct in the 
 82.12  third degree); 609.345 (criminal sexual conduct in the fourth 
 82.13  degree); 609.3451 (criminal sexual conduct in the fifth degree); 
 82.14  609.3453 (criminal sexual predatory conduct); 609.352 
 82.15  (solicitation of children to engage in sexual conduct); 609.365 
 82.16  (incest); an offense punishable as a felony offense under 
 82.17  609.377 (malicious punishment of a child); an offense punishable 
 82.18  as a felony offense under 609.378 (neglect or endangerment of a 
 82.19  child); 609.498 (tampering with a witness); 609.561 (arson in 
 82.20  the first degree); 609.562 (arson in the second degree); 
 82.21  609.582, subdivision 1 (burglary in the first degree); 609.66, 
 82.22  subdivision 1e (drive-by shooting); 609.687 (adulteration); 
 82.23  609.749, subdivision 3, 4, or 5 (felony-level harassment; 
 82.24  stalking); 609.855, subdivision 5 (shooting at or in a public 
 82.25  transit vehicle or facility); 617.246 (use of minors in sexual 
 82.26  performance prohibited); or 617.247 (possession of pictorial 
 82.27  representations of minors); or an offense punishable as a felony 
 82.28  under 624.713 (certain persons not to have pistols or 
 82.29  semiautomatic military-style assault weapons).  
 82.30     (b) An individual also is disqualified under section 
 82.31  245C.14 regardless of how much time has passed since: 
 82.32     (1) the involuntary termination of the individual's 
 82.33  parental rights under section 260C.301; 
 82.34     (2) an administrative determination under section 626.556 
 82.35  of sexual abuse of a minor or abuse of a minor resulting in 
 82.36  death or serious injury as defined under section 245C.02, 
 83.1   subdivision 18; or 
 83.2      (3) an administrative determination under section 626.557 
 83.3   of sexual abuse of a vulnerable adult or abuse of a vulnerable 
 83.4   adult resulting in death or serious injury as defined under 
 83.5   section 245C.02, subdivision 18. 
 83.6      (b) (c) An individual's aiding and abetting, attempt, or 
 83.7   conspiracy to commit any of the offenses listed in paragraph 
 83.8   (a), as each of these offenses is defined in Minnesota Statutes, 
 83.9   permanently disqualifies the individual under section 245C.14. 
 83.10     (c) (d) An individual's offense in any other state or 
 83.11  country, where the elements of the offense are substantially 
 83.12  similar to any of the offenses listed in paragraph (a), 
 83.13  permanently disqualifies the individual under section 245C.14. 
 83.14     Sec. 7.  Minnesota Statutes 2004, section 245C.15, 
 83.15  subdivision 2, is amended to read: 
 83.16     Subd. 2.  [15-YEAR DISQUALIFICATION.] (a) An individual is 
 83.17  disqualified under section 245C.14 if:  (1) less than 15 years 
 83.18  have passed since the discharge of the sentence imposed, if any, 
 83.19  for the offense; and (2) the individual has received committed a 
 83.20  felony conviction for a felony-level violation of any of the 
 83.21  following offenses:  sections 152.025 (controlled substance 
 83.22  crime in the fifth degree); 260C.301 (grounds for termination of 
 83.23  parental rights); 609.165 (felon ineligible to possess firearm); 
 83.24  609.21 (criminal vehicular homicide and injury); 609.215 
 83.25  (suicide); 609.223 or 609.2231 (assault in the third or fourth 
 83.26  degree); repeat offenses under 609.224 (assault in the fifth 
 83.27  degree); 609.2325 (criminal abuse of a vulnerable adult); 
 83.28  609.2335 (financial exploitation of a vulnerable adult); 609.235 
 83.29  (use of drugs to injure or facilitate crime); 609.24 (simple 
 83.30  robbery); 609.255 (false imprisonment); 609.2664 (manslaughter 
 83.31  of an unborn child in the first degree); 609.2665 (manslaughter 
 83.32  of an unborn child in the second degree); 609.267 (assault of an 
 83.33  unborn child in the first degree); 609.2671 (assault of an 
 83.34  unborn child in the second degree); 609.268 (injury or death of 
 83.35  an unborn child in the commission of a crime); 609.27 
 83.36  (coercion); 609.275 (attempt to coerce); repeat offenses under 
 84.1   609.3451 (criminal sexual conduct in the fifth degree); 609.498, 
 84.2   subdivision 1 or 1b (aggravated first degree or first degree 
 84.3   tampering with a witness); 609.52 (theft); 609.521 (possession 
 84.4   of shoplifting gear); 609.562 (arson in the second degree); 
 84.5   609.563 (arson in the third degree); 609.582, subdivision 2, 3, 
 84.6   or 4 (burglary in the second, third, or fourth degree); 609.625 
 84.7   (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; 
 84.8   offering a forged check); 609.635 (obtaining signature by false 
 84.9   pretense); 609.66 (dangerous weapons); 609.67 (machine guns and 
 84.10  short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 
 84.11  609.713 (terroristic threats); repeat offenses under 617.23 
 84.12  (indecent exposure; penalties); repeat offenses under 617.241 
 84.13  (obscene materials and performances; distribution and exhibition 
 84.14  prohibited; penalty); chapter 152 (drugs; controlled substance); 
 84.15  or a felony-level conviction involving alcohol or drug use. 
 84.16     (b) An individual is disqualified under section 245C.14 if 
 84.17  less than 15 years has passed since the individual's aiding and 
 84.18  abetting, attempt, or conspiracy to commit any of the offenses 
 84.19  listed in paragraph (a), as each of these offenses is defined in 
 84.20  Minnesota Statutes. 
 84.21     (c) An individual is disqualified under section 245C.14 if 
 84.22  less than 15 years has passed since the discharge of the 
 84.23  sentence imposed for an offense in any other state or country, 
 84.24  the elements of which are substantially similar to the elements 
 84.25  of the offenses listed in paragraph (a). 
 84.26     (d) If the individual studied is convicted of one of the 
 84.27  felonies listed in paragraph (a), but the sentence is a gross 
 84.28  misdemeanor or misdemeanor disposition, the individual is 
 84.29  disqualified but the disqualification lookback period for the 
 84.30  conviction is the period applicable to the gross misdemeanor or 
 84.31  misdemeanor disposition. 
 84.32     Sec. 8.  Minnesota Statutes 2004, section 245C.15, 
 84.33  subdivision 3, is amended to read: 
 84.34     Subd. 3.  [TEN-YEAR DISQUALIFICATION.] (a) An individual is 
 84.35  disqualified under section 245C.14 if:  (1) less than ten years 
 84.36  have passed since the discharge of the sentence imposed, if any, 
 85.1   for the offense; and (2) the individual has received committed a 
 85.2   gross misdemeanor conviction for a misdemeanor-level violation 
 85.3   of any of the following offenses:  sections 609.224 (assault in 
 85.4   the fifth degree); 609.224, subdivision 2, paragraph (c) 
 85.5   (assault in the fifth degree by a caregiver against a vulnerable 
 85.6   adult); 609.2242 and 609.2243 (domestic assault); 609.23 
 85.7   (mistreatment of persons confined); 609.231 (mistreatment of 
 85.8   residents or patients); 609.2325 (criminal abuse of a vulnerable 
 85.9   adult); 609.233 (criminal neglect of a vulnerable adult); 
 85.10  609.2335 (financial exploitation of a vulnerable adult); 609.234 
 85.11  (failure to report maltreatment of a vulnerable adult); 609.265 
 85.12  (abduction); 609.275 (attempt to coerce); 609.324, subdivision 
 85.13  1a (other prohibited acts; minor engaged in prostitution); 
 85.14  609.33 (disorderly house); 609.3451 (criminal sexual conduct in 
 85.15  the fifth degree); misdemeanor or gross misdemeanor offenses 
 85.16  under 609.377 (malicious punishment of a child); misdemeanor or 
 85.17  gross misdemeanor offenses under 609.378 (neglect or 
 85.18  endangerment of a child); 609.52 (theft); 609.582 (burglary); 
 85.19  609.631 (check forgery; offering a forged check); 609.66 
 85.20  (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 
 85.21  (disorderly conduct against a vulnerable adult); repeat offenses 
 85.22  under 609.746 (interference with privacy); 609.749, subdivision 
 85.23  2 (harassment; stalking); repeat offenses under 617.23 (indecent 
 85.24  exposure); 617.241 (obscene materials and performances); 617.243 
 85.25  (indecent literature, distribution); 617.293 (harmful materials; 
 85.26  dissemination and display to minors prohibited); or violation of 
 85.27  an order for protection under section 518B.01, subdivision 14. 
 85.28     (b) An individual is disqualified under section 245C.14 if 
 85.29  less than ten years has passed since the individual's aiding and 
 85.30  abetting, attempt, or conspiracy to commit any of the offenses 
 85.31  listed in paragraph (a), as each of these offenses is defined in 
 85.32  Minnesota Statutes. 
 85.33     (c) An individual is disqualified under section 245C.14 if 
 85.34  less than ten years has passed since the discharge of the 
 85.35  sentence imposed for an offense in any other state or country, 
 85.36  the elements of which are substantially similar to the elements 
 86.1   of any of the offenses listed in paragraph (a). 
 86.2      (d) If the defendant is convicted of one of the gross 
 86.3   misdemeanors listed in paragraph (a), but the sentence is a 
 86.4   misdemeanor disposition, the individual is disqualified but the 
 86.5   disqualification lookback period for the conviction is the 
 86.6   period applicable to misdemeanors. 
 86.7      Sec. 9.  Minnesota Statutes 2004, section 245C.15, 
 86.8   subdivision 4, is amended to read: 
 86.9      Subd. 4.  [SEVEN-YEAR DISQUALIFICATION.] (a) An individual 
 86.10  is disqualified under section 245C.14 if:  (1) less than seven 
 86.11  years has passed since the discharge of the sentence imposed, if 
 86.12  any, for the offense; and (2) the individual has received 
 86.13  committed a misdemeanor conviction for a misdemeanor-level 
 86.14  violation of any of the following offenses:  sections 609.224 
 86.15  (assault in the fifth degree); 609.2242 (domestic assault); 
 86.16  609.2335 (financial exploitation of a vulnerable adult); 609.234 
 86.17  (failure to report maltreatment of a vulnerable adult); 609.2672 
 86.18  (assault of an unborn child in the third degree); 609.27 
 86.19  (coercion); violation of an order for protection under 609.3232 
 86.20  (protective order authorized; procedures; penalties); 609.52 
 86.21  (theft); 609.66 (dangerous weapons); 609.665 (spring guns); 
 86.22  609.746 (interference with privacy); 609.79 (obscene or 
 86.23  harassing phone telephone calls); 609.795 (letter, telegram, or 
 86.24  package; opening; harassment); 617.23 (indecent exposure; 
 86.25  penalties); 617.293 (harmful materials; dissemination and 
 86.26  display to minors prohibited); or violation of an order for 
 86.27  protection under section 518B.01 (Domestic Abuse Act). 
 86.28     (b) An individual is disqualified under section 245C.14 if 
 86.29  less than seven years has passed since a determination or 
 86.30  disposition of the individual's: 
 86.31     (1) failure to make required reports under section 626.556, 
 86.32  subdivision 3, or 626.557, subdivision 3, for incidents in 
 86.33  which:  (i) the final disposition under section 626.556 or 
 86.34  626.557 was substantiated maltreatment, and (ii) the 
 86.35  maltreatment was recurring or serious; or 
 86.36     (2) except for disqualifications under subdivision 1, 
 87.1   substantiated serious or recurring maltreatment of a minor under 
 87.2   section 626.556, a vulnerable adult under section 626.557, or 
 87.3   serious or recurring maltreatment in any other state, the 
 87.4   elements of which are substantially similar to the elements of 
 87.5   maltreatment under section 626.556 or 626.557 for which:  (i) 
 87.6   there is a preponderance of evidence that the maltreatment 
 87.7   occurred, and (ii) the subject was responsible for the 
 87.8   maltreatment. 
 87.9      (c) An individual is disqualified under section 245C.14 if 
 87.10  less than seven years has passed since the individual's attempt 
 87.11  or conspiracy to commit any of the offenses listed in paragraphs 
 87.12  (a) and (b), as each of these offenses is defined in Minnesota 
 87.13  Statutes. 
 87.14     (d) An individual is disqualified under section 245C.14 if 
 87.15  less than seven years has passed since the discharge of the 
 87.16  sentence imposed for an offense in any other state or country, 
 87.17  the elements of which are substantially similar to the elements 
 87.18  of any of the offenses listed in paragraphs (a) and (b). 
 87.19     Sec. 10.  Minnesota Statutes 2004, section 245C.17, 
 87.20  subdivision 1, is amended to read: 
 87.21     Subdivision 1.  [TIME FRAME FOR NOTICE OF STUDY RESULTS.] 
 87.22  (a) Within 15 working days after the commissioner's receipt of 
 87.23  the background study form, the commissioner shall notify the 
 87.24  individual who is the subject of the study in writing or by 
 87.25  electronic transmission of the results of the study or that more 
 87.26  time is needed to complete the study. 
 87.27     (b) Within 15 working days after the commissioner's receipt 
 87.28  of the background study form, the commissioner shall notify the 
 87.29  applicant, license holder, or other entity as provided in this 
 87.30  chapter in writing or by electronic transmission of the results 
 87.31  of the study or that more time is needed to complete the study. 
 87.32     (c) When the commissioner has completed a prior background 
 87.33  study on an individual that resulted in an order for immediate 
 87.34  removal and more time is necessary to complete a subsequent 
 87.35  study, the notice that more time is needed that is issued under 
 87.36  paragraphs (a) and (b) shall include an order for immediate 
 88.1   removal of the individual from any position allowing direct 
 88.2   contact with or access to people receiving services pending 
 88.3   completion of the background study. 
 88.4      Sec. 11.  Minnesota Statutes 2004, section 245C.17, 
 88.5   subdivision 2, is amended to read: 
 88.6      Subd. 2.  [DISQUALIFICATION NOTICE SENT TO SUBJECT.] (a) If 
 88.7   the information in the study indicates the individual is 
 88.8   disqualified from direct contact with, or from access to, 
 88.9   persons served by the program, the commissioner shall disclose 
 88.10  to the individual studied: 
 88.11     (1) the information causing disqualification; 
 88.12     (2) instructions on how to request a reconsideration of the 
 88.13  disqualification; and 
 88.14     (3) an explanation of any restrictions on the 
 88.15  commissioner's discretion to set aside the disqualification 
 88.16  under section 245C.24, subdivision 2, when applicable to the 
 88.17  individual; 
 88.18     (4) a statement indicating that if the individual's 
 88.19  disqualification is set aside or the facility is granted a 
 88.20  variance under section 245C.30, the individual's identity and 
 88.21  the reason for the individual's disqualification will become 
 88.22  public data; and 
 88.23     (5) the commissioner's determination of the individual's 
 88.24  immediate risk of harm under section 245C.16. 
 88.25     (b) If the commissioner determines under section 245C.16 
 88.26  that an individual poses an imminent risk of harm to persons 
 88.27  served by the program where the individual will have direct 
 88.28  contact, the commissioner's notice must include an explanation 
 88.29  of the basis of this determination. 
 88.30     (c) If the commissioner determines under section 245C.16 
 88.31  that an individual studied does not pose a risk of harm that 
 88.32  requires continuous, direct supervision, the commissioner shall 
 88.33  only notify the individual of the disqualification immediate 
 88.34  removal, the individual shall be informed of the conditions 
 88.35  under which the agency that initiated the background study may 
 88.36  allow the individual to provide direct contact services as 
 89.1   provided under subdivision 3. 
 89.2      Sec. 12.  Minnesota Statutes 2004, section 245C.17, 
 89.3   subdivision 3, is amended to read: 
 89.4      Subd. 3.  [DISQUALIFICATION NOTICE SENT TO APPLICANT, 
 89.5   LICENSE HOLDER, OR OTHER ENTITY.] (a) The commissioner shall 
 89.6   notify an applicant, license holder, or other entity as provided 
 89.7   in this chapter who is not the subject of the study: 
 89.8      (1) that the commissioner has found information that 
 89.9   disqualifies the individual studied from direct contact with, or 
 89.10  from access to, persons served by the program; and 
 89.11     (2) the commissioner's determination of the individual's 
 89.12  risk of harm under section 245C.16. 
 89.13     (b) If the commissioner determines under section 245C.16 
 89.14  that an individual studied poses an imminent risk of harm to 
 89.15  persons served by the program where the individual studied will 
 89.16  have direct contact, the commissioner shall order the license 
 89.17  holder to immediately remove the individual studied from direct 
 89.18  contact. 
 89.19     (c) If the commissioner determines under section 245C.16 
 89.20  that an individual studied poses a risk of harm that requires 
 89.21  continuous, direct supervision, the commissioner shall order the 
 89.22  applicant, license holder, or other entities as provided in this 
 89.23  chapter to: 
 89.24     (1) immediately remove the individual studied from direct 
 89.25  contact services; or 
 89.26     (2) before allowing the disqualified individual to provide 
 89.27  direct contact services, the applicant, license holder, or other 
 89.28  entity, as provided in this chapter, must: 
 89.29     (i) obtain from the disqualified individual a copy of the 
 89.30  individual's notice of disqualification from the commissioner 
 89.31  that explains the reason for disqualification; 
 89.32     (ii) assure ensure that the individual studied is under 
 89.33  continuous, direct supervision when providing direct contact 
 89.34  services during the period in which the individual may request a 
 89.35  reconsideration of the disqualification under section 245C.21; 
 89.36  and 
 90.1      (iii) ensure that the disqualified individual requests 
 90.2   reconsideration within 30 days of receipt of the notice of 
 90.3   disqualification. 
 90.4      (d) If the commissioner determines under section 245C.16 
 90.5   that an individual studied does not pose a risk of harm that 
 90.6   requires continuous, direct supervision, the commissioner shall 
 90.7   send the license holder a notice that more time is needed to 
 90.8   complete the individual's background study order the applicant, 
 90.9   license holder, or other entities as provided in this chapter to:
 90.10     (1) immediately remove the individual studied from direct 
 90.11  contact services; or 
 90.12     (2) before allowing the disqualified individual to provide 
 90.13  direct contact services, the applicant, license holder, or other 
 90.14  entity as provided in this chapter must:  
 90.15     (i) obtain from the disqualified individual a copy of the 
 90.16  individual's notice of disqualification from the commissioner 
 90.17  that explains the reason for disqualification; and 
 90.18     (ii) ensure that the disqualified individual requests 
 90.19  reconsideration within 15 days of receipt of the notice of 
 90.20  disqualification. 
 90.21     (e) The commissioner shall not notify the applicant, 
 90.22  license holder, or other entity as provided in this chapter of 
 90.23  the information contained in the subject's background study 
 90.24  unless: 
 90.25     (1) the basis for the disqualification is failure to 
 90.26  cooperate with the background study or substantiated 
 90.27  maltreatment under section 626.556 or 626.557; 
 90.28     (2) the Data Practices Act under chapter 13 provides for 
 90.29  release of the information; or 
 90.30     (3) the individual studied authorizes the release of the 
 90.31  information. 
 90.32     Sec. 13.  Minnesota Statutes 2004, section 245C.21, 
 90.33  subdivision 3, is amended to read: 
 90.34     Subd. 3.  [INFORMATION DISQUALIFIED INDIVIDUALS MUST 
 90.35  PROVIDE WHEN REQUESTING RECONSIDERATION.] The (a) When a 
 90.36  disqualified individual requesting reconsideration requests that 
 91.1   the commissioner rescind the disqualification, the individual 
 91.2   must submit information showing that: 
 91.3      (1) the information the commissioner relied upon in 
 91.4   determining the underlying conduct that gave rise to the 
 91.5   disqualification is incorrect; 
 91.6      (2) for disqualifications under section 245C.15, 
 91.7   subdivision 1, based on maltreatment, the information the 
 91.8   commissioner relied upon in determining that maltreatment 
 91.9   resulted in death or serious injury as defined under section 
 91.10  245C.02, subdivision 18, is incorrect; or 
 91.11     (3) for disqualifications under section 245C.15, 
 91.12  subdivision 4, based on maltreatment, the information the 
 91.13  commissioner relied upon in determining that maltreatment was 
 91.14  serious or recurring is incorrect; or. 
 91.15     (3) (b) When a disqualified individual requests that the 
 91.16  commissioner set aside a disqualification, the individual must 
 91.17  submit information showing that: 
 91.18     (1) the subject of the study does not pose a risk of harm 
 91.19  to any person served by the applicant, license holder, or other 
 91.20  entities as provided in this chapter, by addressing the 
 91.21  information required under section 245C.22, subdivision 4; and 
 91.22     (2) the disqualified individual has received a notice 
 91.23  stating that if the disqualification is set aside, the 
 91.24  individual's identity and the individual's disqualifying 
 91.25  characteristics will become public data. 
 91.26     Sec. 14.  Minnesota Statutes 2004, section 245C.21, 
 91.27  subdivision 4, is amended to read: 
 91.28     Subd. 4.  [NOTICE OF REQUEST FOR RECONSIDERATION.] Upon 
 91.29  request, the commissioner may inform the applicant, license 
 91.30  holder, or other entities as provided in this chapter who 
 91.31  received a notice of the individual's disqualification under 
 91.32  section 245C.17, subdivision 3, or has the consent of the 
 91.33  disqualified individual, whether the disqualified individual has 
 91.34  requested reconsideration. 
 91.35     Sec. 15.  Minnesota Statutes 2004, section 245C.22, is 
 91.36  amended by adding a subdivision to read: 
 92.1      Subd. 7.  [CLASSIFICATION OF CERTAIN DATA AS PUBLIC OR 
 92.2   PRIVATE.] (a) Notwithstanding section 13.46, upon setting aside 
 92.3   a disqualification under this section, the identity of the 
 92.4   disqualified individual who received the set aside and the 
 92.5   individual's disqualifying characteristics are public data. 
 92.6      (b) Notwithstanding section 13.46, upon granting a variance 
 92.7   to a license holder under section 245C.30, the identity of the 
 92.8   disqualified individual who is the subject of the variance, the 
 92.9   individual's disqualifying characteristics, and the terms of the 
 92.10  variance are public data. 
 92.11     (c) The identity of a disqualified individual and the 
 92.12  reason for disqualification remain private data when a 
 92.13  disqualification is: 
 92.14     (1) not set aside and no variance is granted; and 
 92.15     (2) rescinded because the information relied upon to 
 92.16  disqualify the individual is incorrect. 
 92.17     Sec. 16.  Minnesota Statutes 2004, section 245C.23, 
 92.18  subdivision 1, is amended to read: 
 92.19     Subdivision 1.  [COMMISSIONER'S NOTICE OF DISQUALIFICATION 
 92.20  THAT IS RESCINDED OR SET ASIDE.] (a) Except as provided under 
 92.21  paragraph (c), If the commissioner rescinds or sets aside a 
 92.22  disqualification, the commissioner shall notify the applicant or 
 92.23  license holder in writing or by electronic transmission of the 
 92.24  decision.  In the notice from the commissioner that a 
 92.25  disqualification has been rescinded, the commissioner must 
 92.26  inform the license holder that the information relied upon to 
 92.27  disqualify the individual was incorrect.  In the notice from the 
 92.28  commissioner that a disqualification has been set aside, the 
 92.29  commissioner must inform the license holder that information 
 92.30  about the nature of the reason for the individual's 
 92.31  disqualification and which factors under section 245C.22, 
 92.32  subdivision 4, were the basis of the decision to set aside the 
 92.33  disqualification are available to the license holder upon 
 92.34  request without the consent of the background study subject. 
 92.35     (b) With the written consent of the background study 
 92.36  subject, the commissioner may release to the license holder 
 93.1   copies of all information related to the background study 
 93.2   subject's disqualification and the commissioner's decision to 
 93.3   set aside the disqualification as specified in the written 
 93.4   consent. 
 93.5      (c) If the individual studied submits a timely request for 
 93.6   reconsideration under section 245C.21 and the license holder was 
 93.7   previously sent a notice under section 245C.17, subdivision 3, 
 93.8   paragraph (d), and if the commissioner sets aside the 
 93.9   disqualification for that license holder under section 245C.22, 
 93.10  the commissioner shall send the license holder the same 
 93.11  notification received by license holders in cases where the 
 93.12  individual studied has no disqualifying characteristic. 
 93.13     Sec. 17.  Minnesota Statutes 2004, section 245C.24, 
 93.14  subdivision 2, is amended to read: 
 93.15     Subd. 2.  [PERMANENT BAR TO SET ASIDE OF A 
 93.16  DISQUALIFICATION.] (a) Except as provided in paragraph (b), the 
 93.17  commissioner may not set aside the disqualification of an 
 93.18  individual in connection with a license to provide family child 
 93.19  care for children, foster care for children in the provider's 
 93.20  home, or foster care or day care services for adults in the 
 93.21  provider's home, issued or in application status under chapter 
 93.22  245A, regardless of how much time has passed, if the provider 
 93.23  was disqualified for a crime or conduct listed in section 
 93.24  245C.15, subdivision 1. 
 93.25     (b) Unless the disqualification under section 245C.15, 
 93.26  subdivision 1, relates to criminal sexual conduct or a license 
 93.27  to provide family child care, child foster care, adult day 
 93.28  services, or adult foster care in the license holder's 
 93.29  residence, the commissioner is not prohibited from setting aside 
 93.30  a disqualification according to section 245C.22, for an 
 93.31  individual who, in addition to criteria under section 245A.22, 
 93.32  demonstrates to the commissioner that: 
 93.33     (1) the person was disqualified because of conduct 
 93.34  prohibited by section 152.021, 152.022, 152.023, or 152.024; 
 93.35     (2) the individual has successfully completed chemical 
 93.36  dependency treatment from a program licensed by the Department 
 94.1   of Human Services or operated by the Department of Corrections; 
 94.2      (3) at least five years have passed since completion of the 
 94.3   treatment program; and 
 94.4      (4) the individual has not engaged in any criminal or 
 94.5   maltreatment behavior since completing treatment. 
 94.6      Sec. 18.  Minnesota Statutes 2004, section 245C.24, 
 94.7   subdivision 3, is amended to read: 
 94.8      Subd. 3.  [TEN-YEAR BAR TO SET ASIDE DISQUALIFICATION.] (a) 
 94.9   Except as provided in paragraph (d), the commissioner may not 
 94.10  set aside the disqualification of an individual in connection 
 94.11  with a license to provide family child care for children, foster 
 94.12  care for children in the provider's home, or foster care or day 
 94.13  care services for adults in the provider's home under chapter 
 94.14  245A if:  (1) less than ten years has passed since the discharge 
 94.15  of the sentence imposed, if any, for the offense; and (2) the 
 94.16  individual has been convicted of disqualified for a violation of 
 94.17  any of the following offenses:  sections 609.165 (felon 
 94.18  ineligible to possess firearm); criminal vehicular homicide 
 94.19  under 609.21 (criminal vehicular homicide and injury); 609.215 
 94.20  (aiding suicide or aiding attempted suicide); felony violations 
 94.21  under 609.223 or 609.2231 (assault in the third or fourth 
 94.22  degree); 609.713 (terroristic threats); 609.235 (use of drugs to 
 94.23  injure or to facilitate crime); 609.24 (simple robbery); 609.255 
 94.24  (false imprisonment); 609.562 (arson in the second degree); 
 94.25  609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first 
 94.26  degree or first degree tampering with a witness); burglary in 
 94.27  the first or second degree under 609.582, subdivision 
 94.28  2 (burglary in the second degree); 609.66, subdivision 1, 1a, 
 94.29  1b, 1c, 1d, 1f, 1g, or 1h (dangerous weapon); 609.665 (spring 
 94.30  guns); 609.67 (machine guns and short-barreled shotguns); 
 94.31  609.749, subdivision 2 (gross misdemeanor harassment; stalking); 
 94.32  152.021 or 152.022 (controlled substance crime in the first or 
 94.33  second degree); 152.023, subdivision 1, clause (3) or (4) or 
 94.34  subdivision 2, clause (4) (controlled substance crime in the 
 94.35  third degree); 152.024, subdivision 1, clause (2), (3), or (4) 
 94.36  (controlled substance crime in the fourth degree); 609.224, 
 95.1   subdivision 2, paragraph (c) (fifth degree assault by a 
 95.2   caregiver against a vulnerable adult); 609.23 (mistreatment of 
 95.3   persons confined); 609.231 (mistreatment of residents or 
 95.4   patients); 609.2325 (criminal abuse of a vulnerable adult); 
 95.5   609.233 (criminal neglect of a vulnerable adult); 609.2335 
 95.6   (financial exploitation of a vulnerable adult); 609.234 (failure 
 95.7   to report); 609.265 (abduction); 609.2664 to 609.2665 
 95.8   (manslaughter of an unborn child in the first or second degree); 
 95.9   609.267 to 609.2672 (assault of an unborn child in the first, 
 95.10  second, or third degree); 609.268 (injury or death of an unborn 
 95.11  child in the commission of a crime); 617.293 (disseminating or 
 95.12  displaying harmful material to minors); a felony-level 
 95.13  conviction involving alcohol or drug use, a gross misdemeanor 
 95.14  offense under 609.324, subdivision 1 (other prohibited acts); a 
 95.15  gross misdemeanor offense under 609.378 (neglect or endangerment 
 95.16  of a child); a gross misdemeanor offense under 609.377 
 95.17  (malicious punishment of a child); or 609.72, subdivision 3 
 95.18  (disorderly conduct against a vulnerable adult). 
 95.19     (b) The commissioner may not set aside the disqualification 
 95.20  of an individual if less than ten years have passed since the 
 95.21  individual's aiding and abetting, attempt, or conspiracy to 
 95.22  commit any of the offenses listed in paragraph (a) as each of 
 95.23  these offenses is defined in Minnesota Statutes. 
 95.24     (c) The commissioner may not set aside the disqualification 
 95.25  of an individual if less than ten years have passed since the 
 95.26  discharge of the sentence imposed for an offense in any other 
 95.27  state or country, the elements of which are substantially 
 95.28  similar to the elements of any of the offenses listed in 
 95.29  paragraph (a). 
 95.30     (d) Unless the disqualification under paragraph (a) relates 
 95.31  to a license to provide family child care, child foster care, 
 95.32  adult day services, or adult foster care in the license holder's 
 95.33  residence, the commissioner is not prohibited from setting aside 
 95.34  a disqualification for disqualification listed in paragraph (a) 
 95.35  according to section 245C.22, for an individual who, in addition 
 95.36  to criteria under section 245A.22, demonstrates to the 
 96.1   commissioner that: 
 96.2      (1) the person was disqualified because of conduct 
 96.3   prohibited by section 152.021, 152.022, 152.023, or 152.024; 
 96.4      (2) the individual has successfully completed chemical 
 96.5   dependency treatment from a program licensed by the Department 
 96.6   of Human Services or operated by the Department of Corrections; 
 96.7      (3) at least five years have passed since completion of the 
 96.8   treatment program; and 
 96.9      (4) the individual has not engaged in any criminal or 
 96.10  maltreatment behavior since completing treatment. 
 96.11     Sec. 19.  Minnesota Statutes 2004, section 245C.24, 
 96.12  subdivision 4, is amended to read: 
 96.13     Subd. 4.  [SEVEN-YEAR BAR TO SET ASIDE DISQUALIFICATION.] 
 96.14  (a) Except as provided in paragraph (b), the commissioner may 
 96.15  not set aside the disqualification of an individual in 
 96.16  connection with a license to provide family child care for 
 96.17  children, foster care for children in the provider's home, or 
 96.18  foster care or day care services for adults in the provider's 
 96.19  home under chapter 245A if within seven years preceding the 
 96.20  study: 
 96.21     (1) the individual committed an act that constitutes was 
 96.22  determined to be responsible for maltreatment of a child under 
 96.23  section 626.556, subdivision 10e, and: 
 96.24     (i) the maltreatment is a disqualification under section 
 96.25  245C.15, subdivision 4; and 
 96.26     (ii) the maltreatment resulted in substantial bodily harm 
 96.27  as defined in section 609.02, subdivision 7a, or substantial 
 96.28  mental or emotional harm as supported by competent psychological 
 96.29  or psychiatric evidence; or 
 96.30     (2) the individual was determined to be responsible for 
 96.31  maltreatment under section 626.557 to be the perpetrator of a 
 96.32  substantiated incident of maltreatment of a vulnerable adult 
 96.33  that, and: 
 96.34     (i) the maltreatment is a disqualification under section 
 96.35  245C.15, subdivision 4; and 
 96.36     (ii) the maltreatment resulted in substantial bodily harm 
 97.1   as defined in section 609.02, subdivision 7a, or substantial 
 97.2   mental or emotional harm as supported by competent psychological 
 97.3   or psychiatric evidence. 
 97.4      (b) Unless the disqualification under paragraph (a) relates 
 97.5   to a license to provide family child care, child foster care, 
 97.6   adult day services, or adult foster care in the license holder's 
 97.7   residence, the commissioner is not prohibited from setting aside 
 97.8   a disqualification for disqualification listed in paragraph (a) 
 97.9   according to section 245C.22, for an individual who, in addition 
 97.10  to criteria under section 245A.22, demonstrates to the 
 97.11  commissioner that: 
 97.12     (1) the person was disqualified because of conduct 
 97.13  prohibited by section 152.021, 152.022, 152.023, or 152.024; 
 97.14     (2) the individual has successfully completed chemical 
 97.15  dependency treatment from a program licensed by the Department 
 97.16  of Human Services or operated by the Department of Corrections; 
 97.17     (3) at least five years have passed since completion of the 
 97.18  treatment program; and 
 97.19     (4) the individual has not engaged in any criminal or 
 97.20  maltreatment behavior since completing treatment. 
 97.21     Sec. 20.  Minnesota Statutes 2004, section 245C.24, is 
 97.22  amended by adding a subdivision to read: 
 97.23     Subd. 6.  [NOTIFICATION OF DISQUALIFICATIONS.] The 
 97.24  commissioner shall expand notification of disqualifications to 
 97.25  entities and inform the public about disqualifications as 
 97.26  provided under this chapter and section 13.46. 
 97.27     Sec. 21.  Minnesota Statutes 2004, section 245C.30, 
 97.28  subdivision 1, is amended to read: 
 97.29     Subdivision 1.  [LICENSE HOLDER VARIANCE.] (a) Except for 
 97.30  any disqualification under section 245C.15, subdivision 1, when 
 97.31  the commissioner has not set aside a background study subject's 
 97.32  disqualification, and there are conditions under which the 
 97.33  disqualified individual may provide direct contact services or 
 97.34  have access to people receiving services that minimize the risk 
 97.35  of harm to people receiving services, the commissioner may grant 
 97.36  a time-limited variance to a license holder. 
 98.1      (b) The variance shall state the reason for the 
 98.2   disqualification, the services that may be provided by the 
 98.3   disqualified individual, and the conditions with which the 
 98.4   license holder or applicant must comply for the variance to 
 98.5   remain in effect. 
 98.6      (c) Except for programs licensed to provide family child 
 98.7   care for children, foster care for children in the provider's 
 98.8   own home, or foster care or day care services for adults in the 
 98.9   provider's own home, the variance must be requested by the 
 98.10  license holder. 
 98.11     Sec. 22.  Minnesota Statutes 2004, section 245C.30, 
 98.12  subdivision 2, is amended to read: 
 98.13     Subd. 2.  [DISCLOSURE OF REASON FOR DISQUALIFICATION.] (a) 
 98.14  The commissioner may not grant a variance for a disqualified 
 98.15  individual unless the applicant or license holder requests the 
 98.16  variance and the disqualified individual provides written 
 98.17  consent for the commissioner to disclose to the applicant or 
 98.18  license holder the reason for the disqualification; and the 
 98.19  commissioner has documentation showing that the disqualified 
 98.20  individual has been informed that if the variance is granted, 
 98.21  the individual's identity, reason for disqualification, and 
 98.22  terms of the variance will become public data. 
 98.23     (b) This subdivision does not apply to programs licensed to 
 98.24  provide family child care for children, foster care for children 
 98.25  in the provider's own home, or foster care or day care services 
 98.26  for adults in the provider's own home. 
 98.27     Sec. 23.  Minnesota Statutes 2004, section 626.557, 
 98.28  subdivision 12b, is amended to read: 
 98.29     Subd. 12b.  [DATA MANAGEMENT.] (a)  [COUNTY DATA.] In 
 98.30  performing any of the duties of this section as a lead agency, 
 98.31  the county social service agency shall maintain appropriate 
 98.32  records.  Data collected by the county social service agency 
 98.33  under this section are welfare data under section 13.46.  
 98.34  Notwithstanding section 13.46, subdivision 1, paragraph (a), 
 98.35  data under this paragraph that are inactive investigative data 
 98.36  on an individual who is a vendor of services are private data on 
 99.1   individuals, as defined in section 13.02.  The identity of the 
 99.2   reporter may only be disclosed as provided in paragraph (c). 
 99.3      Data maintained by the common entry point are confidential 
 99.4   data on individuals or protected nonpublic data as defined in 
 99.5   section 13.02.  Notwithstanding section 138.163, the common 
 99.6   entry point shall destroy data three calendar years after date 
 99.7   of receipt. 
 99.8      (b)  [LEAD AGENCY DATA.] The commissioners of health and 
 99.9   human services shall prepare an investigation memorandum for 
 99.10  each report alleging maltreatment investigated under this 
 99.11  section.  During an investigation by the commissioner of health 
 99.12  or the commissioner of human services, data collected under this 
 99.13  section are confidential data on individuals or protected 
 99.14  nonpublic data as defined in section 13.02.  Upon completion of 
 99.15  the investigation, the data are classified as provided in 
 99.16  clauses (1) to (3) and paragraph (c). 
 99.17     (1) The investigation memorandum must contain the following 
 99.18  data, which are public: 
 99.19     (i) the name of the facility investigated; 
 99.20     (ii) a statement of the nature of the alleged maltreatment; 
 99.21     (iii) pertinent information obtained from medical or other 
 99.22  records reviewed; 
 99.23     (iv) the identity of the investigator; 
 99.24     (v) a summary of the investigation's findings; 
 99.25     (vi) statement of whether the report was found to be 
 99.26  substantiated, inconclusive, false, or that no determination 
 99.27  will be made; 
 99.28     (vii) a statement of any action taken by the facility; 
 99.29     (viii) a statement of any action taken by the lead agency; 
 99.30  and 
 99.31     (ix) when a lead agency's determination has substantiated 
 99.32  maltreatment, a statement of whether an individual, individuals, 
 99.33  or a facility were responsible for the substantiated 
 99.34  maltreatment, if known. 
 99.35     The investigation memorandum must be written in a manner 
 99.36  which protects the identity of the reporter and of the 
100.1   vulnerable adult and may not contain the names or, to the extent 
100.2   possible, data on individuals or private data listed in clause 
100.3   (2). 
100.4      (2) Data on individuals collected and maintained in the 
100.5   investigation memorandum are private data, including: 
100.6      (i) the name of the vulnerable adult; 
100.7      (ii) the identity of the individual alleged to be the 
100.8   perpetrator; 
100.9      (iii) the identity of the individual substantiated as the 
100.10  perpetrator; and 
100.11     (iv) the identity of all individuals interviewed as part of 
100.12  the investigation. 
100.13     (3) Other data on individuals maintained as part of an 
100.14  investigation under this section are private data on individuals 
100.15  upon completion of the investigation. 
100.16     (c)  [IDENTITY OF REPORTER.] The subject of the report may 
100.17  compel disclosure of the name of the reporter only with the 
100.18  consent of the reporter or upon a written finding by a court 
100.19  that the report was false and there is evidence that the report 
100.20  was made in bad faith.  This subdivision does not alter 
100.21  disclosure responsibilities or obligations under the Rules of 
100.22  Criminal Procedure, except that where the identity of the 
100.23  reporter is relevant to a criminal prosecution, the district 
100.24  court shall do an in-camera review prior to determining whether 
100.25  to order disclosure of the identity of the reporter. 
100.26     (d)  [DESTRUCTION OF DATA.] Notwithstanding section 
100.27  138.163, data maintained under this section by the commissioners 
100.28  of health and human services must be destroyed under the 
100.29  following schedule: 
100.30     (1) data from reports determined to be false, two years 
100.31  after the finding was made; 
100.32     (2) data from reports determined to be inconclusive, four 
100.33  years after the finding was made; 
100.34     (3) data from reports determined to be substantiated, seven 
100.35  at least ten years after the finding was made; and 
100.36     (4) data from reports which were not investigated by a lead 
101.1   agency and for which there is no final disposition, two years 
101.2   from the date of the report. 
101.3      (e)  [SUMMARY OF REPORTS.] The commissioners of health and 
101.4   human services shall each annually report to the legislature and 
101.5   the governor on the number and type of reports of alleged 
101.6   maltreatment involving licensed facilities reported under this 
101.7   section, the number of those requiring investigation under this 
101.8   section, and the resolution of those investigations.  The report 
101.9   shall identify: 
101.10     (1) whether and where backlogs of cases result in a failure 
101.11  to conform with statutory time frames; 
101.12     (2) where adequate coverage requires additional 
101.13  appropriations and staffing; and 
101.14     (3) any other trends that affect the safety of vulnerable 
101.15  adults. 
101.16     (f)  [RECORD RETENTION POLICY.] Each lead agency must have 
101.17  a record retention policy. 
101.18     (g)  [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting 
101.19  authorities, and law enforcement agencies may exchange not 
101.20  public data, as defined in section 13.02, if the agency or 
101.21  authority requesting the data determines that the data are 
101.22  pertinent and necessary to the requesting agency in initiating, 
101.23  furthering, or completing an investigation under this section.  
101.24  Data collected under this section must be made available to 
101.25  prosecuting authorities and law enforcement officials, local 
101.26  county agencies, and licensing agencies investigating the 
101.27  alleged maltreatment under this section.  The lead agency shall 
101.28  exchange not public data with the vulnerable adult maltreatment 
101.29  review panel established in section 256.021 if the data are 
101.30  pertinent and necessary for a review requested under that 
101.31  section.  Upon completion of the review, not public data 
101.32  received by the review panel must be returned to the lead agency.
101.33     (h)  [COMPLETION TIME.] Each lead agency shall keep records 
101.34  of the length of time it takes to complete its investigations. 
101.35     (i)  [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead 
101.36  agency may notify other affected parties and their authorized 
102.1   representative if the agency has reason to believe maltreatment 
102.2   has occurred and determines the information will safeguard the 
102.3   well-being of the affected parties or dispel widespread rumor or 
102.4   unrest in the affected facility. 
102.5      (j)  [FEDERAL REQUIREMENTS.] Under any notification 
102.6   provision of this section, where federal law specifically 
102.7   prohibits the disclosure of patient identifying information, a 
102.8   lead agency may not provide any notice unless the vulnerable 
102.9   adult has consented to disclosure in a manner which conforms to 
102.10  federal requirements. 
102.11                             ARTICLE 7
102.12                            SEX OFFENDER 
102.13        MISCELLANEOUS, TECHNICAL, AND CONFORMING PROVISIONS
102.14     Section 1.  Minnesota Statutes 2004, section 13.871, 
102.15  subdivision 5, is amended to read: 
102.16     Subd. 5.  [CRIME VICTIMS.] (a) [CRIME VICTIM NOTICE OF 
102.17  RELEASE.] Data on crime victims who request notice of an 
102.18  offender's release are classified under section 611A.06.  
102.19     (b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex 
102.20  offenders under section 611A.19, subdivision 2, are classified 
102.21  under that section.  
102.22     (c) [BATTERED WOMEN.] Data on battered women maintained by 
102.23  grantees for emergency shelter and support services for battered 
102.24  women are governed by section 611A.32, subdivision 5.  
102.25     (d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and 
102.26  victims of domestic abuse maintained by grantees and recipients 
102.27  of per diem payments for emergency shelter for battered women 
102.28  and support services for battered women and victims of domestic 
102.29  abuse are governed by sections 611A.32, subdivision 5, and 
102.30  611A.371, subdivision 3. 
102.31     (e) [PERSONAL HISTORY; INTERNAL AUDITING.] Certain personal 
102.32  history and internal auditing data is classified by section 
102.33  611A.46. 
102.34     (f) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and 
102.35  supporting documents filed by crime victims seeking reparations 
102.36  are classified under section 611A.57, subdivision 6.  
103.1      (g) [CRIME VICTIM OVERSIGHT ACT.] Data maintained by the 
103.2   commissioner of public safety under the Crime Victim Oversight 
103.3   Act are classified under section 611A.74, subdivision 2.  
103.4      (h) [VICTIM IDENTITY DATA.] Data relating to the identity 
103.5   of the victims of certain criminal sexual conduct is governed by 
103.6   section 609.3471. 
103.7      Sec. 2.  Minnesota Statutes 2004, section 144.335, is 
103.8   amended by adding a subdivision to read: 
103.9      Subd. 3d.  [CRIMINAL HISTORY INFORMATION; 
103.10  CLASSIFICATION.] A provider that receives criminal history 
103.11  information about a patient from the Department of Corrections 
103.12  or the Department of Human Services must include that 
103.13  information in the patient's health record.  The criminal 
103.14  history information may only be used and disclosed as provided 
103.15  in this section and applicable federal law. 
103.16     Sec. 3.  Minnesota Statutes 2004, section 241.67, 
103.17  subdivision 3, is amended to read: 
103.18     Subd. 3.  [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE 
103.19  COMMISSIONER.] (a) The commissioner shall provide for a range of 
103.20  sex offender programs, including intensive sex offender 
103.21  programs, within the state adult correctional facility system.  
103.22  Participation in any program is subject to the rules and 
103.23  regulations of the Department of Corrections.  Nothing in this 
103.24  section requires the commissioner to accept or retain an 
103.25  offender in a program if the offender is determined by prison 
103.26  professionals as unamenable to programming within the prison 
103.27  system or if the offender refuses or fails to comply with the 
103.28  program's requirements.  Nothing in this section creates a right 
103.29  of an offender to treatment.  
103.30     (b) The commissioner shall develop a plan to provide for 
103.31  residential and outpatient sex offender programming and 
103.32  aftercare when required for conditional release under section 
103.33  609.108 or as a condition of supervised release.  The plan may 
103.34  include co-payments from the offender, third-party payers, local 
103.35  agencies, or other funding sources as they are identified. 
103.36     Sec. 4.  Minnesota Statutes 2004, section 242.195, 
104.1   subdivision 1, is amended to read: 
104.2      Subdivision 1.  [SEX OFFENDER PROGRAMS.] (a) The 
104.3   commissioner of corrections shall develop a plan to provide for 
104.4   a range of sex offender programs, including intensive sex 
104.5   offender programs, for juveniles within state juvenile 
104.6   correctional facilities and through purchase of service from 
104.7   county and private residential and outpatient juvenile sex 
104.8   offender programs.  The plan may include co-payments from the 
104.9   offenders, third-party payers, local agencies, and other funding 
104.10  sources as they are identified.  
104.11     (b) The commissioner shall establish and operate a 
104.12  residential sex offender program at one of the state juvenile 
104.13  correctional facilities.  The program must be structured to 
104.14  address both the therapeutic and disciplinary needs of juvenile 
104.15  sex offenders.  The program must afford long-term residential 
104.16  treatment for a range of juveniles who have committed sex 
104.17  offenses and have failed other treatment programs or are not 
104.18  likely to benefit from an outpatient or a community-based 
104.19  residential treatment program. 
104.20     Sec. 5.  Minnesota Statutes 2004, section 243.166, 
104.21  subdivision 1, is amended to read: 
104.22     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
104.23  register under this section if:  
104.24     (1) the person was charged with or petitioned for a felony 
104.25  violation of or attempt to violate any of the following, and 
104.26  convicted of or adjudicated delinquent for that offense or 
104.27  another offense arising out of the same set of circumstances: 
104.28     (i) murder under section 609.185, clause (2); or 
104.29     (ii) kidnapping under section 609.25; or 
104.30     (iii) criminal sexual conduct under section 609.342; 
104.31  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
104.32  609.3453; or 
104.33     (iv) indecent exposure under section 617.23, subdivision 3; 
104.34  or 
104.35     (2) the person was charged with or petitioned for falsely 
104.36  imprisoning a minor in violation of section 609.255, subdivision 
105.1   2; soliciting a minor to engage in prostitution in violation of 
105.2   section 609.322 or 609.324; soliciting a minor to engage in 
105.3   sexual conduct in violation of section 609.352; using a minor in 
105.4   a sexual performance in violation of section 617.246; or 
105.5   possessing pornographic work involving a minor in violation of 
105.6   section 617.247, and convicted of or adjudicated delinquent for 
105.7   that offense or another offense arising out of the same set of 
105.8   circumstances; or 
105.9      (3) the person was convicted of a predatory crime as 
105.10  defined in section 609.108, and the offender was sentenced as a 
105.11  patterned sex offender or the court found on its own motion or 
105.12  that of the prosecutor that the crime was part of a predatory 
105.13  pattern of behavior that had criminal sexual conduct as its goal 
105.14  as a patterned sex offender under section 609.108; or 
105.15     (4) the person was convicted of or adjudicated delinquent 
105.16  for, including pursuant to a court martial, violating a law of 
105.17  the United States, including the Uniform Code of Military 
105.18  Justice, similar to the offenses described in clause (1), (2), 
105.19  or (3). 
105.20     (b) A person also shall register under this section if: 
105.21     (1) the person was convicted of or adjudicated delinquent 
105.22  in another state for an offense that would be a violation of a 
105.23  law described in paragraph (a) if committed in this state; 
105.24     (2) the person enters the state to reside, or to work or 
105.25  attend school; and 
105.26     (3) ten years have not elapsed since the person was 
105.27  released from confinement or, if the person was not confined, 
105.28  since the person was convicted of or adjudicated delinquent for 
105.29  the offense that triggers registration, unless the person is 
105.30  subject to lifetime registration, in which case the person must 
105.31  register for life regardless of when the person was released 
105.32  from confinement, convicted, or adjudicated delinquent. 
105.33  For purposes of this paragraph: 
105.34     (i) "school" includes any public or private educational 
105.35  institution, including any secondary school, trade or 
105.36  professional institution, or institution of higher education, 
106.1   that the person is enrolled in on a full-time or part-time 
106.2   basis; and 
106.3      (ii) "work" includes employment that is full time or part 
106.4   time for a period of time exceeding 14 days or for an aggregate 
106.5   period of time exceeding 30 days during any calendar year, 
106.6   whether financially compensated, volunteered, or for the purpose 
106.7   of government or educational benefit. 
106.8      (c) A person also shall register under this section if the 
106.9   person was committed pursuant to a court commitment order under 
106.10  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
106.11  a similar law of another state or the United States, regardless 
106.12  of whether the person was convicted of any offense. 
106.13     (d) A person also shall register under this section if: 
106.14     (1) the person was charged with or petitioned for a felony 
106.15  violation or attempt to violate any of the offenses listed in 
106.16  paragraph (a), clause (1), or a similar law of another state or 
106.17  the United States, or the person was charged with or petitioned 
106.18  for a violation of any of the offenses listed in paragraph (a), 
106.19  clause (2), or a similar law of another state or the United 
106.20  States; 
106.21     (2) the person was found not guilty by reason of mental 
106.22  illness or mental deficiency after a trial for that offense, or 
106.23  found guilty but mentally ill after a trial for that offense, in 
106.24  states with a guilty but mentally ill verdict; and 
106.25     (3) the person was committed pursuant to a court commitment 
106.26  order under section 253B.18 or a similar law of another state or 
106.27  the United States. 
106.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
106.29  and applies to crimes committed on or after that date. 
106.30     Sec. 6.  Minnesota Statutes 2004, section 244.05, 
106.31  subdivision 6, is amended to read: 
106.32     Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
106.33  may order that an inmate be placed on intensive supervised 
106.34  release for all or part of the inmate's supervised release or 
106.35  parole term if the commissioner determines that the action will 
106.36  further the goals described in section 244.14, subdivision 1, 
107.1   clauses (2), (3), and (4).  In addition, the commissioner may 
107.2   order that an inmate be placed on intensive supervised release 
107.3   for all of the inmate's conditional or supervised release term 
107.4   if the inmate was convicted of a sex offense under sections 
107.5   section 609.342 to, 609.343, 609.344, 609.345, or 609.3453 or 
107.6   was sentenced under the provisions of section 609.108.  The 
107.7   commissioner shall order that all level III sex offenders be 
107.8   placed on intensive supervised release for the entire supervised 
107.9   release, conditional release, or parole term.  As a condition of 
107.10  release, level III sex offenders must submit to polygraph tests 
107.11  at the commissioner's request.  The scope of the polygraph tests 
107.12  is limited to an offender's conditions of release while on 
107.13  intensive supervised release.  The commissioner may impose 
107.14  appropriate conditions of release on the inmate including but 
107.15  not limited to unannounced searches of the inmate's person, 
107.16  vehicle, or premises by an intensive supervision agent; 
107.17  compliance with court-ordered restitution, if any; random drug 
107.18  testing; house arrest; daily curfews; frequent face-to-face 
107.19  contacts with an assigned intensive supervision agent; work, 
107.20  education, or treatment requirements; and electronic 
107.21  surveillance.  In addition, any sex offender placed on intensive 
107.22  supervised release may be ordered to participate in an 
107.23  appropriate sex offender program as a condition of release.  If 
107.24  the inmate violates the conditions of the intensive supervised 
107.25  release, the commissioner shall impose sanctions as provided in 
107.26  subdivision 3 and section 609.108.  
107.27     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
107.28  and applies to crimes committed on or after that date. 
107.29     Sec. 7.  Minnesota Statutes 2004, section 244.05, 
107.30  subdivision 7, is amended to read: 
107.31     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
107.32  (a) Before the commissioner releases from prison any inmate 
107.33  convicted under sections section 609.342 to, 609.343, 609.344, 
107.34  609.345, or 609.3453 or sentenced as a patterned offender under 
107.35  section 609.108, and determined by the commissioner to be in a 
107.36  high risk category, the commissioner shall make a preliminary 
108.1   determination whether, in the commissioner's opinion, a petition 
108.2   under section 253B.185 may be appropriate.  
108.3      (b) In making this decision, the commissioner shall have 
108.4   access to the following data only for the purposes of the 
108.5   assessment and referral decision: 
108.6      (1) private medical data under section 13.384 or 144.335, 
108.7   or welfare data under section 13.46 that relate to medical 
108.8   treatment of the offender; 
108.9      (2) private and confidential court services data under 
108.10  section 13.84; 
108.11     (3) private and confidential corrections data under section 
108.12  13.85; and 
108.13     (4) private criminal history data under section 13.87. 
108.14     (c) If the commissioner determines that a petition may be 
108.15  appropriate, the commissioner shall forward this determination, 
108.16  along with a summary of the reasons for the determination, to 
108.17  the county attorney in the county where the inmate was convicted 
108.18  no later than 12 months before the inmate's release date.  If 
108.19  the inmate is received for incarceration with fewer than 12 
108.20  months remaining in the inmate's term of imprisonment, or if the 
108.21  commissioner receives additional information less than 12 months 
108.22  before release which makes the inmate's case appropriate for 
108.23  referral, the commissioner shall forward the determination as 
108.24  soon as is practicable.  Upon receiving the commissioner's 
108.25  preliminary determination, the county attorney shall proceed in 
108.26  the manner provided in section 253B.185.  The commissioner shall 
108.27  release to the county attorney all requested documentation 
108.28  maintained by the department.  
108.29     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
108.30  and applies to crimes committed on or after that date. 
108.31     Sec. 8.  Minnesota Statutes 2004, section 253B.18, 
108.32  subdivision 5, is amended to read: 
108.33     Subd. 5.  [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 
108.34  (a) A petition for an order of transfer, discharge, provisional 
108.35  discharge, or revocation of provisional discharge shall be filed 
108.36  with the commissioner and may be filed by the patient or by the 
109.1   head of the treatment facility.  A patient may not petition the 
109.2   special review board for six months following commitment under 
109.3   subdivision 3 or following the final disposition of any previous 
109.4   petition and subsequent appeal by the patient.  The medical 
109.5   director may petition at any time.  
109.6      (b) Fourteen days prior to the hearing, the committing 
109.7   court, the county attorney of the county of commitment, the 
109.8   designated agency, interested person, the petitioner, and the 
109.9   petitioner's counsel shall be given written notice by the 
109.10  commissioner of the time and place of the hearing before the 
109.11  special review board.  Only those entitled to statutory notice 
109.12  of the hearing or those administratively required to attend may 
109.13  be present at the hearing.  The patient may designate interested 
109.14  persons to receive notice by providing the names and addresses 
109.15  to the commissioner at least 21 days before the hearing.  The 
109.16  board shall provide the commissioner with written findings of 
109.17  fact and recommendations within 21 days of the hearing.  The 
109.18  commissioner shall issue an order no later than 14 days after 
109.19  receiving the recommendation of the special review board.  A 
109.20  copy of the order shall be sent by certified mail to every 
109.21  person entitled to statutory notice of the hearing within five 
109.22  days after it is signed.  No order by the commissioner shall be 
109.23  effective sooner than 30 days after the order is signed, unless 
109.24  the county attorney, the patient, and the commissioner agree 
109.25  that it may become effective sooner.  
109.26     (c) The special review board shall hold a hearing on each 
109.27  petition prior to making its recommendation to the 
109.28  commissioner.  The special review board proceedings are not 
109.29  contested cases as defined in chapter 14.  Any person or agency 
109.30  receiving notice that submits documentary evidence to the 
109.31  special review board prior to the hearing shall also provide 
109.32  copies to the patient, the patient's counsel, the county 
109.33  attorney of the county of commitment, the case manager, and the 
109.34  commissioner. 
109.35     (d) Prior to the final decision by the commissioner, the 
109.36  special review board may be reconvened to consider events or 
110.1   circumstances that occurred subsequent to the hearing. 
110.2      (e) In making their recommendations and order, the special 
110.3   review board and commissioner must consider any statements 
110.4   received from victims under subdivision 5a. 
110.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
110.6      Sec. 9.  Minnesota Statutes 2004, section 253B.18, is 
110.7   amended by adding a subdivision to read: 
110.8      Subd. 5a.  [VICTIM NOTIFICATION OF PETITION AND RELEASE; 
110.9   RIGHT TO SUBMIT STATEMENT.] (a) As used in this subdivision:  
110.10     (1) "crime" has the meaning given to "violent crime" in 
110.11  section 609.1095, and includes criminal sexual conduct in the 
110.12  fifth degree and offenses within the definition of "crime 
110.13  against the person" in section 253B.02, subdivision 4a, and also 
110.14  includes offenses listed in section 253B.02, subdivision 7a, 
110.15  paragraph (b), regardless of whether they are sexually 
110.16  motivated; 
110.17     (2) "victim" means a person who has incurred loss or harm 
110.18  as a result of a crime the behavior for which forms the basis 
110.19  for a commitment under this section or section 253B.185; and 
110.20     (3) "convicted" and "conviction" have the meanings given in 
110.21  section 609.02, subdivision 5, and also include juvenile court 
110.22  adjudications; findings under Minnesota Rules of Criminal 
110.23  Procedure, Rule 20.02, that the elements of a crime have been 
110.24  proved; and findings in commitment cases under this section or 
110.25  section 253B.185 that an act or acts constituting a crime 
110.26  occurred.  
110.27     (b) A county attorney who files a petition to commit a 
110.28  person under this section or section 253B.185 shall make a 
110.29  reasonable effort to provide prompt notice of filing the 
110.30  petition to any victim of a crime for which the person was 
110.31  convicted.  In addition, the county attorney shall make a 
110.32  reasonable effort to promptly notify the victim of the 
110.33  resolution of the petition.  
110.34     (c) Before provisionally discharging, discharging, granting 
110.35  pass-eligible status, approving a pass plan, or otherwise 
110.36  permanently or temporarily releasing a person committed under 
111.1   this section or section 253B.185 from a treatment facility, the 
111.2   head of the treatment facility shall make a reasonable effort to 
111.3   notify any victim of a crime for which the person was convicted 
111.4   that the person may be discharged or released and that the 
111.5   victim has a right to submit a written statement regarding 
111.6   decisions of the medical director, special review board, or 
111.7   commissioner with respect to the person.  To the extent 
111.8   possible, the notice must be provided at least 14 days before 
111.9   any special review board hearing or before a determination on a 
111.10  pass plan.  
111.11     (d) This subdivision applies only to victims who have 
111.12  requested notification by contacting, in writing, the county 
111.13  attorney in the county where the conviction for the crime 
111.14  occurred.  A county attorney who receives a request for 
111.15  notification under this paragraph shall promptly forward the 
111.16  request to the commissioner of human services.  
111.17     (e) The rights under this subdivision are in addition to 
111.18  rights available to a victim under chapter 611A.  This provision 
111.19  does not give a victim all the rights of a "notified person" or 
111.20  a person "entitled to statutory notice" under subdivision 4a, 
111.21  4b, or 5. 
111.22     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
111.23     Sec. 10.  Minnesota Statutes 2004, section 609.108, 
111.24  subdivision 6, is amended to read: 
111.25     Subd. 6.  [CONDITIONAL RELEASE.] At the time of sentencing 
111.26  under subdivision 1, the court shall provide that after the 
111.27  offender has completed the sentence imposed, less any good time 
111.28  earned by an offender whose crime was committed before August 1, 
111.29  1993, the commissioner of corrections shall place the offender 
111.30  on conditional release for the remainder of the statutory 
111.31  maximum period, or for ten years, whichever is longer. 
111.32     The conditions of release may include successful completion 
111.33  of treatment and aftercare in a program approved by the 
111.34  commissioner, satisfaction of the release conditions specified 
111.35  in section 244.05, subdivision 6, and any other conditions the 
111.36  commissioner considers appropriate.  For all level III sex 
112.1   offenders, the commissioner shall require as a condition of 
112.2   release that offenders submit to polygraph tests at the request 
112.3   of the commissioner.  The scope of the polygraph tests is 
112.4   limited to an offender's conditions of release while on 
112.5   conditional release.  Before the offender is released, the 
112.6   commissioner shall notify the sentencing court, the prosecutor 
112.7   in the jurisdiction where the offender was sentenced, and the 
112.8   victim of the offender's crime, where available, of the terms of 
112.9   the offender's conditional release.  If the offender fails to 
112.10  meet any condition of release, the commissioner may revoke the 
112.11  offender's conditional release and order that the offender serve 
112.12  all or a part of the remaining portion of the conditional 
112.13  release term in prison.  The commissioner shall not dismiss the 
112.14  offender from supervision before the conditional release term 
112.15  expires. 
112.16     Conditional release granted under this subdivision is 
112.17  governed by provisions relating to supervised release, except as 
112.18  otherwise provided in this subdivision, section 244.04, 
112.19  subdivision 1, or 244.05. 
112.20     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
112.21  and applies to crimes committed on or after that date. 
112.22     Sec. 11.  Minnesota Statutes 2004, section 609.108, 
112.23  subdivision 7, is amended to read: 
112.24     Subd. 7.  [COMMISSIONER OF CORRECTIONS.] The commissioner 
112.25  shall develop a plan to pay the cost of treatment of a person 
112.26  released under subdivision 6.  The plan may include co-payments 
112.27  from offenders, third-party payers, local agencies, or other 
112.28  funding sources as they are identified.  This section does not 
112.29  require the commissioner to accept or retain an offender in a 
112.30  treatment program. 
112.31     Sec. 12.  Minnesota Statutes 2004, section 609.109, 
112.32  subdivision 5, is amended to read: 
112.33     Subd. 5.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
112.34  purposes of this section, a conviction is considered a previous 
112.35  sex offense conviction if the person was convicted of a sex 
112.36  offense before the commission of the present offense of 
113.1   conviction.  A person has two previous sex offense convictions 
113.2   only if the person was convicted and sentenced for a sex offense 
113.3   committed after the person was earlier convicted and sentenced 
113.4   for a sex offense, both convictions preceded the commission of 
113.5   the present offense of conviction, and 15 years have not elapsed 
113.6   since the person was discharged from the sentence imposed for 
113.7   the second conviction.  A "sex offense" is a violation of 
113.8   sections 609.342 to 609.345 609.3453 or any similar statute of 
113.9   the United States, this state, or any other state. 
113.10     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
113.11  and applies to crimes committed on or after that date. 
113.12     Sec. 13.  Minnesota Statutes 2004, section 609.109, 
113.13  subdivision 7, is amended to read: 
113.14     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
113.15  Notwithstanding the statutory maximum sentence otherwise 
113.16  applicable to the offense or any provision of the Sentencing 
113.17  Guidelines, when a court sentences a person to prison for a 
113.18  violation of section 609.342, 609.343, 609.344, or 609.345, the 
113.19  court shall provide that after the person has completed the 
113.20  sentence imposed, the commissioner of corrections shall place 
113.21  the person on conditional release.  If the person was convicted 
113.22  for a violation of section 609.342, 609.343, 609.344, or 
113.23  609.345, the person shall be placed on conditional release for 
113.24  five years, minus the time the person served on supervised 
113.25  release.  If the person was convicted for a violation of one of 
113.26  those sections after a previous sex offense conviction as 
113.27  defined in subdivision 5, or sentenced under subdivision 6 to a 
113.28  mandatory departure, the person shall be placed on conditional 
113.29  release for ten years, minus the time the person served on 
113.30  supervised release. 
113.31     (b) The conditions of release may include successful 
113.32  completion of treatment and aftercare in a program approved by 
113.33  the commissioner, satisfaction of the release conditions 
113.34  specified in section 244.05, subdivision 6, and any other 
113.35  conditions the commissioner considers appropriate.  For all 
113.36  level III sex offenders, the commissioner shall require as a 
114.1   condition of release that offenders submit to polygraph tests at 
114.2   the request of the commissioner.  The scope of the polygraph 
114.3   tests is limited to an offender's conditions of release while on 
114.4   conditional release.  If the offender fails to meet any 
114.5   condition of release, the commissioner may revoke the offender's 
114.6   conditional release and order that the offender serve the 
114.7   remaining portion of the conditional release term in prison.  
114.8   The commissioner shall not dismiss the offender from supervision 
114.9   before the conditional release term expires. 
114.10     Conditional release under this subdivision is governed by 
114.11  provisions relating to supervised release, except as otherwise 
114.12  provided in this subdivision, section 244.04, subdivision 1, or 
114.13  244.05. 
114.14     (c) The commissioner shall develop a plan to pay the cost 
114.15  of treatment of a person released under this subdivision.  The 
114.16  plan may include co-payments from offenders, third-party payers, 
114.17  local agencies, and other funding sources as they are 
114.18  identified.  This section does not require the commissioner to 
114.19  accept or retain an offender in a treatment program. 
114.20     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
114.21  and applies to crimes committed on or after that date. 
114.22     Sec. 14.  Minnesota Statutes 2004, section 609.117, 
114.23  subdivision 1, is amended to read: 
114.24     Subdivision 1.  [UPON SENTENCING.] The court shall order an 
114.25  offender to provide a biological specimen for the purpose of DNA 
114.26  analysis as defined in section 299C.155 when: 
114.27     (1) the court sentences a person charged with violating or 
114.28  attempting to violate any of the following, and the person is 
114.29  convicted of that offense or of any offense arising out of the 
114.30  same set of circumstances: 
114.31     (i) murder under section 609.185, 609.19, or 609.195; 
114.32     (ii) manslaughter under section 609.20 or 609.205; 
114.33     (iii) assault under section 609.221, 609.222, or 609.223; 
114.34     (iv) robbery under section 609.24 or aggravated robbery 
114.35  under section 609.245; 
114.36     (v) kidnapping under section 609.25; 
115.1      (vi) false imprisonment under section 609.255; 
115.2      (vii) criminal sexual conduct under section 609.342, 
115.3   609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
115.4   609.3453; 
115.5      (viii) incest under section 609.365; 
115.6      (ix) burglary under section 609.582, subdivision 1; or 
115.7      (x) indecent exposure under section 617.23, subdivision 3; 
115.8      (2) the court sentences a person as a patterned sex 
115.9   offender under section 609.108; or 
115.10     (3) the juvenile court adjudicates a person a delinquent 
115.11  child who is the subject of a delinquency petition for violating 
115.12  or attempting to violate any of the following, and the 
115.13  delinquency adjudication is based on a violation of one of those 
115.14  sections or of any offense arising out of the same set of 
115.15  circumstances: 
115.16     (i) murder under section 609.185, 609.19, or 609.195; 
115.17     (ii) manslaughter under section 609.20 or 609.205; 
115.18     (iii) assault under section 609.221, 609.222, or 609.223; 
115.19     (iv) robbery under section 609.24 or aggravated robbery 
115.20  under section 609.245; 
115.21     (v) kidnapping under section 609.25; 
115.22     (vi) false imprisonment under section 609.255; 
115.23     (vii) criminal sexual conduct under section 609.342, 
115.24  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
115.25  609.3453; 
115.26     (viii) incest under section 609.365; 
115.27     (ix) burglary under section 609.582, subdivision 1; or 
115.28     (x) indecent exposure under section 617.23, subdivision 3. 
115.29  The biological specimen or the results of the analysis shall be 
115.30  maintained by the Bureau of Criminal Apprehension as provided in 
115.31  section 299C.155. 
115.32     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
115.33  and applies to crimes committed on or after that date. 
115.34     Sec. 15.  Minnesota Statutes 2004, section 609.117, 
115.35  subdivision 2, is amended to read: 
115.36     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
116.1   or local corrections authority shall order a person to provide a 
116.2   biological specimen for the purpose of DNA analysis before 
116.3   completion of the person's term of imprisonment when the person 
116.4   has not provided a biological specimen for the purpose of DNA 
116.5   analysis and the person: 
116.6      (1) is currently serving a term of imprisonment for or has 
116.7   a past conviction for violating or attempting to violate any of 
116.8   the following or a similar law of another state or the United 
116.9   States or initially charged with violating one of the following 
116.10  sections or a similar law of another state or the United States 
116.11  and convicted of another offense arising out of the same set of 
116.12  circumstances: 
116.13     (i) murder under section 609.185, 609.19, or 609.195; 
116.14     (ii) manslaughter under section 609.20 or 609.205; 
116.15     (iii) assault under section 609.221, 609.222, or 609.223; 
116.16     (iv) robbery under section 609.24 or aggravated robbery 
116.17  under section 609.245; 
116.18     (v) kidnapping under section 609.25; 
116.19     (vi) false imprisonment under section 609.255; 
116.20     (vii) criminal sexual conduct under section 609.342, 
116.21  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
116.22  609.3453; 
116.23     (viii) incest under section 609.365; 
116.24     (ix) burglary under section 609.582, subdivision 1; or 
116.25     (x) indecent exposure under section 617.23, subdivision 3; 
116.26  or 
116.27     (2) was sentenced as a patterned sex offender under section 
116.28  609.108, and committed to the custody of the commissioner of 
116.29  corrections; or 
116.30     (3) is serving a term of imprisonment in this state under a 
116.31  reciprocal agreement although convicted in another state of an 
116.32  offense described in this subdivision or a similar law of the 
116.33  United States or any other state.  The commissioner of 
116.34  corrections or local corrections authority shall forward the 
116.35  sample to the Bureau of Criminal Apprehension. 
116.36     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
117.1   and applies to crimes committed on or after that date. 
117.2      Sec. 16.  Minnesota Statutes 2004, section 609.1351, is 
117.3   amended to read: 
117.4      609.1351 [PETITION FOR CIVIL COMMITMENT.] 
117.5      When a court sentences a person under section 609.108, 
117.6   609.342, 609.343, 609.344, or 609.345, or 609.3453, the court 
117.7   shall make a preliminary determination whether in the court's 
117.8   opinion a petition under section 253B.185 may be appropriate and 
117.9   include the determination as part of the sentencing order.  If 
117.10  the court determines that a petition may be appropriate, the 
117.11  court shall forward its preliminary determination along with 
117.12  supporting documentation to the county attorney.  
117.13     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
117.14  and applies to crimes committed on or after that date. 
117.15     Sec. 17.  Minnesota Statutes 2004, section 609.347, is 
117.16  amended to read: 
117.17     609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 
117.18     Subdivision 1.  In a prosecution under sections 609.109 or, 
117.19  609.342 to 609.3451, or 609.3453, the testimony of a victim need 
117.20  not be corroborated. 
117.21     Subd. 2.  In a prosecution under sections 609.109 or, 
117.22  609.342 to 609.3451, or 609.3453, there is no need to show that 
117.23  the victim resisted the accused.  
117.24     Subd. 3.  In a prosecution under sections 609.109, 609.342 
117.25  to 609.3451, 609.3453, or 609.365, evidence of the victim's 
117.26  previous sexual conduct shall not be admitted nor shall any 
117.27  reference to such conduct be made in the presence of the jury, 
117.28  except by court order under the procedure provided in 
117.29  subdivision 4.  The evidence can be admitted only if the 
117.30  probative value of the evidence is not substantially outweighed 
117.31  by its inflammatory or prejudicial nature and only in the 
117.32  circumstances set out in paragraphs (a) and (b).  For the 
117.33  evidence to be admissible under paragraph (a), subsection (i), 
117.34  the judge must find by a preponderance of the evidence that the 
117.35  facts set out in the accused's offer of proof are true.  For the 
117.36  evidence to be admissible under paragraph (a), subsection (ii) 
118.1   or paragraph (b), the judge must find that the evidence is 
118.2   sufficient to support a finding that the facts set out in the 
118.3   accused's offer of proof are true, as provided under Rule 901 of 
118.4   the Rules of Evidence. 
118.5      (a) When consent of the victim is a defense in the case, 
118.6   the following evidence is admissible: 
118.7      (i) evidence of the victim's previous sexual conduct 
118.8   tending to establish a common scheme or plan of similar sexual 
118.9   conduct under circumstances similar to the case at issue.  In 
118.10  order to find a common scheme or plan, the judge must find that 
118.11  the victim made prior allegations of sexual assault which were 
118.12  fabricated; and 
118.13     (ii) evidence of the victim's previous sexual conduct with 
118.14  the accused.  
118.15     (b) When the prosecution's case includes evidence of semen, 
118.16  pregnancy, or disease at the time of the incident or, in the 
118.17  case of pregnancy, between the time of the incident and trial, 
118.18  evidence of specific instances of the victim's previous sexual 
118.19  conduct is admissible solely to show the source of the semen, 
118.20  pregnancy, or disease. 
118.21     Subd. 4.  The accused may not offer evidence described in 
118.22  subdivision 3 except pursuant to the following procedure: 
118.23     (a) A motion shall be made by the accused at least three 
118.24  business days prior to trial, unless later for good cause shown, 
118.25  setting out with particularity the offer of proof of the 
118.26  evidence that the accused intends to offer, relative to the 
118.27  previous sexual conduct of the victim; 
118.28     (b) If the court deems the offer of proof sufficient, the 
118.29  court shall order a hearing out of the presence of the jury, if 
118.30  any, and in such hearing shall allow the accused to make a full 
118.31  presentation of the offer of proof; 
118.32     (c) At the conclusion of the hearing, if the court finds 
118.33  that the evidence proposed to be offered by the accused 
118.34  regarding the previous sexual conduct of the victim is 
118.35  admissible under subdivision 3 and that its probative value is 
118.36  not substantially outweighed by its inflammatory or prejudicial 
119.1   nature, the court shall make an order stating the extent to 
119.2   which evidence is admissible.  The accused may then offer 
119.3   evidence pursuant to the order of the court; 
119.4      (d) If new information is discovered after the date of the 
119.5   hearing or during the course of trial, which may make evidence 
119.6   described in subdivision 3 admissible, the accused may make an 
119.7   offer of proof pursuant to clause (a) and the court shall order 
119.8   an in camera hearing to determine whether the proposed evidence 
119.9   is admissible by the standards herein.  
119.10     Subd. 5.  In a prosecution under sections 609.109 or, 
119.11  609.342 to 609.3451, or 609.3453, the court shall not instruct 
119.12  the jury to the effect that: 
119.13     (a) It may be inferred that a victim who has previously 
119.14  consented to sexual intercourse with persons other than the 
119.15  accused would be therefore more likely to consent to sexual 
119.16  intercourse again; or 
119.17     (b) The victim's previous or subsequent sexual conduct in 
119.18  and of itself may be considered in determining the credibility 
119.19  of the victim; or 
119.20     (c) Criminal sexual conduct is a crime easily charged by a 
119.21  victim but very difficult to disprove by an accused because of 
119.22  the heinous nature of the crime; or 
119.23     (d) The jury should scrutinize the testimony of the victim 
119.24  any more closely than it should scrutinize the testimony of any 
119.25  witness in any felony prosecution.  
119.26     Subd. 6.  (a) In a prosecution under sections 609.109 or, 
119.27  609.342 to 609.3451, or 609.3453, involving a psychotherapist 
119.28  and patient, evidence of the patient's personal or medical 
119.29  history is not admissible except when:  
119.30     (1) the accused requests a hearing at least three business 
119.31  days prior to trial and makes an offer of proof of the relevancy 
119.32  of the history; and 
119.33     (2) the court finds that the history is relevant and that 
119.34  the probative value of the history outweighs its prejudicial 
119.35  value.  
119.36     (b) The court shall allow the admission only of specific 
120.1   information or examples of conduct of the victim that are 
120.2   determined by the court to be relevant.  The court's order shall 
120.3   detail the information or conduct that is admissible and no 
120.4   other evidence of the history may be introduced. 
120.5      (c) Violation of the terms of the order is grounds for 
120.6   mistrial but does not prevent the retrial of the accused.  
120.7      Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 412 of the 
120.8   Rules of Evidence is superseded to the extent of its conflict 
120.9   with this section. 
120.10     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
120.11  and applies to crimes committed on or after that date. 
120.12     Sec. 18.  Minnesota Statutes 2004, section 609.3471, is 
120.13  amended to read: 
120.14     609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
120.15  CONFIDENTIAL.] 
120.16     Notwithstanding any provision of law to the contrary, no 
120.17  data contained in records or reports relating to petitions, 
120.18  complaints, or indictments issued pursuant to section 609.342; 
120.19  609.343; 609.344; or 609.345; or 609.3453, which specifically 
120.20  identifies a victim who is a minor shall be accessible to the 
120.21  public, except by order of the court.  Nothing in this section 
120.22  authorizes denial of access to any other data contained in the 
120.23  records or reports, including the identity of the defendant. 
120.24     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
120.25  and applies to crimes committed on or after that date. 
120.26     Sec. 19.  Minnesota Statutes 2004, section 609.348, is 
120.27  amended to read: 
120.28     609.348 [MEDICAL PURPOSES; EXCLUSION.] 
120.29     Sections 609.109 and, 609.342 to 609.3451, and 609.3453 do 
120.30  not apply to sexual penetration or sexual contact when done for 
120.31  a bona fide medical purpose. 
120.32     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
120.33  and applies to crimes committed on or after that date. 
120.34     Sec. 20.  Minnesota Statutes 2004, section 609.353, is 
120.35  amended to read: 
120.36     609.353 [JURISDICTION.] 
121.1      A violation or attempted violation of section 609.342, 
121.2   609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 
121.3   prosecuted in any jurisdiction in which the violation originates 
121.4   or terminates. 
121.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
121.6   and applies to crimes committed on or after that date. 
121.7      Sec. 21.  Minnesota Statutes 2004, section 609.485, 
121.8   subdivision 2, is amended to read: 
121.9      Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
121.10  following may be sentenced as provided in subdivision 4: 
121.11     (1) escapes while held pursuant to a lawful arrest, in 
121.12  lawful custody on a charge or conviction of a crime, or while 
121.13  held in lawful custody on an allegation or adjudication of a 
121.14  delinquent act; 
121.15     (2) transfers to another, who is in lawful custody on a 
121.16  charge or conviction of a crime, or introduces into an 
121.17  institution in which the latter is confined, anything usable in 
121.18  making such escape, with intent that it shall be so used; 
121.19     (3) having another in lawful custody on a charge or 
121.20  conviction of a crime, intentionally permits the other to 
121.21  escape; 
121.22     (4) escapes while in a facility designated under section 
121.23  253B.18, subdivision 1, pursuant to a court commitment order 
121.24  after a finding of not guilty by reason of mental illness or 
121.25  mental deficiency of a crime against the person, as defined in 
121.26  section 253B.02, subdivision 4a.  Notwithstanding section 
121.27  609.17, no person may be charged with or convicted of an attempt 
121.28  to commit a violation of this clause; or 
121.29     (5) escapes while in a facility designated under section 
121.30  253B.18, subdivision 1, pursuant to a court commitment order 
121.31  under section 253B.185 or Minnesota Statutes 1992, section 
121.32  526.10; or 
121.33     (6) escapes while on pass status or provisional discharge 
121.34  according to section 253B.18. 
121.35     For purposes of clause (1), "escapes while held in lawful 
121.36  custody" includes absconding from electronic monitoring or 
122.1   absconding after removing an electronic monitoring device from 
122.2   the person's body. 
122.3      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
122.4   and applies to crimes committed on or after that date. 
122.5      Sec. 22.  Minnesota Statutes 2004, section 609.485, 
122.6   subdivision 4, is amended to read: 
122.7      Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
122.8   subdivision 3a, whoever violates this section may be sentenced 
122.9   as follows: 
122.10     (1) if the person who escapes is in lawful custody for a 
122.11  felony, to imprisonment for not more than five years or to 
122.12  payment of a fine of not more than $10,000, or both; 
122.13     (2) if the person who escapes is in lawful custody after a 
122.14  finding of not guilty by reason of mental illness or mental 
122.15  deficiency of a crime against the person, as defined in section 
122.16  253B.02, subdivision 4a, or pursuant to a court commitment order 
122.17  under section 253B.185 or Minnesota Statutes 1992, section 
122.18  526.10, to imprisonment for not more than one year and one day 
122.19  or to payment of a fine of not more than $3,000, or both; or 
122.20     (3) if the person who escapes is in lawful custody for a 
122.21  gross misdemeanor or misdemeanor, or if the person who escapes 
122.22  is in lawful custody on an allegation or adjudication of a 
122.23  delinquent act, to imprisonment for not more than one year or to 
122.24  payment of a fine of not more than $3,000, or both; or 
122.25     (4) if the person who escapes is under civil commitment 
122.26  under sections 253B.18 and 253B.185, to imprisonment for not 
122.27  more than one year and one day or to payment of a fine of not 
122.28  more than $3,000, or both.  
122.29     (b) If the escape was a violation of subdivision 2, clause 
122.30  (1), (2), or (3), and was effected by violence or threat of 
122.31  violence against a person, the sentence may be increased to not 
122.32  more than twice those permitted in paragraph (a), clauses (1) 
122.33  and (3). 
122.34     (c) Unless a concurrent term is specified by the court, a 
122.35  sentence under this section shall be consecutive to any sentence 
122.36  previously imposed or which may be imposed for any crime or 
123.1   offense for which the person was in custody when the person 
123.2   escaped. 
123.3      (d) Notwithstanding paragraph (c), if a person who was 
123.4   committed to the commissioner of corrections under section 
123.5   260B.198 escapes from the custody of the commissioner while 18 
123.6   years of age, the person's sentence under this section shall 
123.7   commence on the person's 19th birthday or on the person's date 
123.8   of discharge by the commissioner of corrections, whichever 
123.9   occurs first.  However, if the person described in this clause 
123.10  is convicted under this section after becoming 19 years old and 
123.11  after having been discharged by the commissioner, the person's 
123.12  sentence shall commence upon imposition by the sentencing court. 
123.13     (e) Notwithstanding paragraph (c), if a person who is in 
123.14  lawful custody on an allegation or adjudication of a delinquent 
123.15  act while 18 years of age escapes from a local juvenile 
123.16  correctional facility, the person's sentence under this section 
123.17  begins on the person's 19th birthday or on the person's date of 
123.18  discharge from the jurisdiction of the juvenile court, whichever 
123.19  occurs first.  However, if the person described in this 
123.20  paragraph is convicted after becoming 19 years old and after 
123.21  discharge from the jurisdiction of the juvenile court, the 
123.22  person's sentence begins upon imposition by the sentencing court.
123.23     (f) Notwithstanding paragraph (a), any person who escapes 
123.24  or absconds from electronic monitoring or removes an electric 
123.25  monitoring device from the person's body is guilty of a crime 
123.26  and shall be sentenced to imprisonment for not more than one 
123.27  year or to a payment of a fine of not more than $3,000, or 
123.28  both.  A person in lawful custody for a violation of section 
123.29  609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 
123.30  609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, 
123.31  or 609.3451 who escapes or absconds from electronic monitoring 
123.32  or removes an electronic monitoring device while under sentence 
123.33  may be sentenced to imprisonment for not more than five years or 
123.34  to a payment of a fine of not more than $10,000, or both. 
123.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
123.36  and applies to crimes committed on or after that date. 
124.1      Sec. 23.  Minnesota Statutes 2004, section 609.531, 
124.2   subdivision 1, is amended to read: 
124.3      Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
124.4   609.531 to 609.5318, the following terms have the meanings given 
124.5   them.  
124.6      (a) "Conveyance device" means a device used for 
124.7   transportation and includes, but is not limited to, a motor 
124.8   vehicle, trailer, snowmobile, airplane, and vessel and any 
124.9   equipment attached to it.  The term "conveyance device" does not 
124.10  include property which is, in fact, itself stolen or taken in 
124.11  violation of the law.  
124.12     (b) "Weapon used" means a dangerous weapon as defined under 
124.13  section 609.02, subdivision 6, that the actor used or had in 
124.14  possession in furtherance of a crime.  
124.15     (c) "Property" means property as defined in section 609.52, 
124.16  subdivision 1, clause (1).  
124.17     (d) "Contraband" means property which is illegal to possess 
124.18  under Minnesota law.  
124.19     (e) "Appropriate agency" means the Bureau of Criminal 
124.20  Apprehension, the Minnesota Division of Driver and Vehicle 
124.21  Services, the Minnesota State Patrol, a county sheriff's 
124.22  department, the Suburban Hennepin Regional Park District park 
124.23  rangers, the Department of Natural Resources Division of 
124.24  Enforcement, the University of Minnesota Police Department, or a 
124.25  city or airport police department.  
124.26     (f) "Designated offense" includes:  
124.27     (1) for weapons used:  any violation of this chapter, 
124.28  chapter 152, or chapter 624; 
124.29     (2) for driver's license or identification card 
124.30  transactions:  any violation of section 171.22; and 
124.31     (3) for all other purposes:  a felony violation of, or a 
124.32  felony-level attempt or conspiracy to violate, section 325E.17; 
124.33  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
124.34  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
124.35  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
124.36  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
125.1   (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
125.2   and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 
125.3   609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 
125.4   609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 
125.5   609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 
125.6   8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 
125.7   609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or 
125.8   felony violation of section 609.891 or 624.7181; or any 
125.9   violation of section 609.324. 
125.10     (g) "Controlled substance" has the meaning given in section 
125.11  152.01, subdivision 4.  
125.12     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
125.13  and applies to crimes committed on or after that date.  
125.14     Sec. 24.  Minnesota Statutes 2004, section 609.5312, is 
125.15  amended by adding a subdivision to read: 
125.16     Subd. 1a.  [COMPUTERS AND RELATED PROPERTY SUBJECT TO 
125.17  FORFEITURE.] (a) As used in this subdivision, "property" has the 
125.18  meaning given in section 609.87, subdivision 6.  
125.19     (b) When a computer or a component part of a computer is 
125.20  used or intended for use to commit or facilitate the commission 
125.21  of a designated offense, the computer and all software, data, 
125.22  and other property contained in the computer are subject to 
125.23  forfeiture unless prohibited by the Privacy Protection Act, 
125.24  United States Code, title 42, sections 2000aa to 2000aa-12, or 
125.25  other state or federal law.  
125.26     (c) Regardless of whether a forfeiture action is initiated 
125.27  following the lawful seizure of a computer and related property, 
125.28  if the appropriate agency returns hardware, software, data, or 
125.29  other property to the owner, the agency may charge the owner for 
125.30  the cost of separating contraband from the computer or other 
125.31  property returned, including salary and contract costs.  The 
125.32  agency may not charge these costs to an owner of a computer or 
125.33  related property who was not privy to the act or omission upon 
125.34  which the seizure was based, or who did not have knowledge of or 
125.35  consent to the act or omission, if the owner: 
125.36     (1) requests from the agency copies of specified legitimate 
126.1   data files and provides sufficient storage media; or 
126.2      (2) requests the return of a computer or other property 
126.3   less data storage devices on which contraband resides.  
126.4      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
126.5   and applies to crimes committed on or after that date. 
126.6      Sec. 25.  Minnesota Statutes 2004, section 617.23, 
126.7   subdivision 2, is amended to read: 
126.8      Subd. 2.  [GROSS MISDEMEANOR.] A person who commits any of 
126.9   the following acts is guilty of a gross misdemeanor: 
126.10     (1) the person violates subdivision 1 in the presence of a 
126.11  minor under the age of 16; or 
126.12     (2) the person violates subdivision 1 after having been 
126.13  previously convicted of violating subdivision 1, sections 
126.14  609.342 to 609.3451, or a statute from another state in 
126.15  conformity with any of those sections, is guilty of a gross 
126.16  misdemeanor. 
126.17     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
126.18  and applies to crimes committed on or after that date. 
126.19     Sec. 26.  Minnesota Statutes 2004, section 617.23, 
126.20  subdivision 3, is amended to read: 
126.21     Subd. 3.  [FELONY.] A person is guilty of a felony and may 
126.22  be sentenced to imprisonment for not more than five years or to 
126.23  payment of a fine of not more than $10,000, or both, if: 
126.24     (1) the person violates subdivision 2, clause (1), after 
126.25  having been previously convicted of or adjudicated delinquent 
126.26  for violating subdivision 2, clause (1); section 609.3451, 
126.27  subdivision 1, clause (2); or a statute from another state in 
126.28  conformity with subdivision 2, clause (1), or section 609.3451, 
126.29  subdivision 1, clause (2); or 
126.30     (2) the person commits a violation of subdivision 1, clause 
126.31  (1), in the presence of another person while intentionally 
126.32  confining that person or otherwise intentionally restricting 
126.33  that person's freedom to move; or 
126.34     (2) the person violates subdivision 1 in the presence of an 
126.35  unaccompanied minor under the age of 16. 
126.36     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
127.1   and applies to crimes committed on or after that date. 
127.2      Sec. 27.  Minnesota Statutes 2004, section 631.045, is 
127.3   amended to read: 
127.4      631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
127.5      At the trial of a complaint or indictment for a violation 
127.6   of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, 
127.7   subdivision 2, when a minor under 18 years of age is the person 
127.8   upon, with, or against whom the crime is alleged to have been 
127.9   committed, the judge may exclude the public from the courtroom 
127.10  during the victim's testimony or during all or part of the 
127.11  remainder of the trial upon a showing that closure is necessary 
127.12  to protect a witness or ensure fairness in the trial.  The judge 
127.13  shall give the prosecutor, defendant and members of the public 
127.14  the opportunity to object to the closure before a closure order. 
127.15  The judge shall specify the reasons for closure in an order 
127.16  closing all or part of the trial.  Upon closure the judge shall 
127.17  only admit persons who have a direct interest in the case.  
127.18     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
127.19  and applies to crimes committed on or after that date. 
127.20     Sec. 28.  [REVISOR INSTRUCTION.] 
127.21     (a) The revisor of statutes shall renumber Minnesota 
127.22  Statutes, section 609.3452, as Minnesota Statutes, section 
127.23  609.3457, and correct cross-references.  In addition, the 
127.24  revisor shall delete the reference in Minnesota Statutes, 
127.25  section 13.871, subdivision 3, paragraph (d), to Minnesota 
127.26  Statutes, section 609.3452, and insert a reference to Minnesota 
127.27  Statutes, section 609.3457.  The revisor shall include a 
127.28  notation in Minnesota Statutes to inform readers of the statutes 
127.29  of the renumbering of Minnesota Statutes, section 609.3457. 
127.30     (b) In addition to the specific changes described in 
127.31  paragraph (a), the revisor of statutes shall make other 
127.32  technical changes necessitated by this act. 
127.33                             ARTICLE 8
127.34                        PUBLIC SAFETY POLICY
127.35     Section 1.  Minnesota Statutes 2004, section 13.87, 
127.36  subdivision 3, is amended to read: 
128.1      Subd. 3.  [INTERNET ACCESS.] (a) The Bureau of Criminal 
128.2   Apprehension shall establish and maintain an Internet Web site 
128.3   containing public criminal history data by July 1, 2004.  
128.4      (b) Notwithstanding section 13.03, subdivision 3, paragraph 
128.5   (a), the bureau may charge a fee for Internet access to public 
128.6   criminal history data provided through August 1, 2005.  The fee 
128.7   may not exceed of $5 per inquiry or the amount needed to recoup 
128.8   the actual cost of implementing and providing Internet access, 
128.9   whichever is less.  Fees collected must be deposited in the 
128.10  general fund as a nondedicated receipt name searched.  The 
128.11  superintendent of the Bureau of Criminal Apprehension shall 
128.12  collect the fee and the receipts shall be directed to the 
128.13  noncriminal background account in the special revenue fund. 
128.14     (c) The Web site must include a notice to the subject of 
128.15  data of the right to contest the accuracy or completeness of 
128.16  data, as provided under section 13.04, subdivision 4, and 
128.17  provide a telephone number and address that the subject may 
128.18  contact for further information on this process.  
128.19     (d) The Web site must include the effective date of data 
128.20  that is posted.  
128.21     (e) The Web site must include a description of the types of 
128.22  criminal history data not available on the site, including 
128.23  arrest data, juvenile data, criminal history data from other 
128.24  states, federal data, data on convictions where 15 years have 
128.25  elapsed since discharge of the sentence, and other data that are 
128.26  not accessible to the public. 
128.27     (f) A person who intends to access the Web site to obtain 
128.28  information regarding an applicant for employment, housing, or 
128.29  credit must disclose to the applicant the intention to do so.  
128.30  The Web site must include a notice that a person obtaining such 
128.31  access must notify the applicant when a background check using 
128.32  this Web site has been conducted.  
128.33     (g) This subdivision does not create a civil cause of 
128.34  action on behalf of the data subject. 
128.35     (h) This subdivision expires July 31, 2007. 
128.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
129.1      Sec. 2.  Minnesota Statutes 2004, section 116L.30, is 
129.2   amended to read: 
129.3      116L.30 [GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.] 
129.4      Subdivision 1.  [GRANTS.] The commissioner may make grants 
129.5   to nonprofit agencies administering youth intervention programs 
129.6   in communities where the programs are or may be established. 
129.7      "Youth intervention program" means a nonresidential 
129.8   community-based program providing advocacy, education, 
129.9   counseling, mentoring, and referral services to youth and their 
129.10  families experiencing personal, familial, school, legal, or 
129.11  chemical problems with the goal of resolving the present 
129.12  problems and preventing the occurrence of the problems in the 
129.13  future.  The intent of the youth intervention program is to 
129.14  provide an ongoing stable funding source to community-based 
129.15  early intervention programs for youth.  Program design may be 
129.16  different for the grantees depending on youth service needs of 
129.17  the communities being served.  
129.18     Subd. 2.  [APPLICATIONS.] Applications for a grant-in-aid 
129.19  shall be made by the administering agency to the commissioner.  
129.20     The grant-in-aid is contingent upon the agency having 
129.21  obtained from the community in which the youth intervention 
129.22  program is established local matching money two times the amount 
129.23  of the grant that is sought.  The matching requirement is 
129.24  intended to leverage the investment of state and community 
129.25  dollars in supporting the efforts of the grantees to provide 
129.26  early intervention services to youth and their families. 
129.27     The commissioner shall provide the application form, 
129.28  procedures for making application form, criteria for review of 
129.29  the application, and kinds of contributions in addition to cash 
129.30  that qualify as local matching money.  No grant to any agency 
129.31  may exceed $50,000. 
129.32     Subd. 3.  [GRANT ALLOCATION FORMULA.] Up to one percent of 
129.33  the appropriations to the grants-in-aid to the youth 
129.34  intervention program may be used for a grant to the Minnesota 
129.35  Youth Intervention Programs Association for expenses in 
129.36  providing collaborative training and technical assistance to 
130.1   community-based grantees of the program. 
130.2      Subd. 4.  [ADMINISTRATIVE COSTS.] The commissioner may use 
130.3   up to two percent of the biennial appropriation for 
130.4   grants-in-aid to the youth intervention program to pay costs 
130.5   incurred by the department in administering the youth 
130.6   intervention program. 
130.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
130.8      Sec. 3.  Minnesota Statutes 2004, section 169.71, 
130.9   subdivision 1, is amended to read: 
130.10     Subdivision 1.  [PROHIBITIONS GENERALLY; EXCEPTIONS.] No (a)
130.11  A person shall not drive or operate any motor vehicle with: 
130.12     (1) a windshield cracked or discolored to an extent to 
130.13  limit or obstruct proper vision, or, except for law enforcement 
130.14  vehicles, with; 
130.15     (2) any objects suspended between the driver and the 
130.16  windshield, other than sun visors and rear vision rearview 
130.17  mirrors,; or with 
130.18     (3) any sign, poster, or other nontransparent material upon 
130.19  the front windshield, sidewings, or side or rear windows of such 
130.20  the vehicle, other than a certificate or other paper required to 
130.21  be so displayed by law, or authorized by the state director of 
130.22  the Division of Emergency Management, or the commissioner of 
130.23  public safety.  
130.24     (b) Paragraph (a), clauses (2) and (3), do not apply to law 
130.25  enforcement vehicles. 
130.26     (c) Paragraph (a), clause (2), does not apply to authorized 
130.27  emergency vehicles. 
130.28     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
130.29     Sec. 4.  Minnesota Statutes 2004, section 214.04, 
130.30  subdivision 1, is amended to read: 
130.31     Subdivision 1.  [SERVICES PROVIDED.] (a) The commissioner 
130.32  of administration with respect to the Board of Electricity,; the 
130.33  commissioner of education with respect to the Board of 
130.34  Teaching,; the commissioner of public safety with respect to the 
130.35  Board of Private Detective and Protective Agent Services, and; 
130.36  the panel established pursuant to section 299A.465, subdivision 
131.1   7; the Board of Peace Officer Standards and Training,; and the 
131.2   commissioner of revenue with respect to the Board of Assessors, 
131.3   shall provide suitable offices and other space, joint conference 
131.4   and hearing facilities, examination rooms, and the following 
131.5   administrative support services:  purchasing service, accounting 
131.6   service, advisory personnel services, consulting services 
131.7   relating to evaluation procedures and techniques, data 
131.8   processing, duplicating, mailing services, automated printing of 
131.9   license renewals, and such other similar services of a 
131.10  housekeeping nature as are generally available to other agencies 
131.11  of state government.  Investigative services shall be provided 
131.12  the boards by employees of the Office of Attorney General.  The 
131.13  commissioner of health with respect to the health-related 
131.14  licensing boards shall provide mailing and office supply 
131.15  services and may provide other facilities and services listed in 
131.16  this subdivision at a central location upon request of the 
131.17  health-related licensing boards.  The commissioner of commerce 
131.18  with respect to the remaining non-health-related licensing 
131.19  boards shall provide the above facilities and services at a 
131.20  central location for the remaining non-health-related licensing 
131.21  boards.  The legal and investigative services for the boards 
131.22  shall be provided by employees of the attorney general assigned 
131.23  to the departments servicing the boards.  Notwithstanding the 
131.24  foregoing, the attorney general shall not be precluded by this 
131.25  section from assigning other attorneys to service a board if 
131.26  necessary in order to insure competent and consistent legal 
131.27  representation.  Persons providing legal and investigative 
131.28  services shall to the extent practicable provide the services on 
131.29  a regular basis to the same board or boards. 
131.30     (b) The requirements in paragraph (a) with respect to the 
131.31  panel established in section 299A.465, subdivision 7, expire 
131.32  July 1, 2008. 
131.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
131.34  following final enactment. 
131.35     Sec. 5.  Minnesota Statutes 2004, section 216D.08, 
131.36  subdivision 1, is amended to read: 
132.1      Subdivision 1.  [PENALTY PENALTIES.] A person who is 
132.2   engaged in excavation for remuneration or an operator other than 
132.3   an operator subject to section 299F.59, subdivision 1, who 
132.4   violates sections 216D.01 to 216D.07 is subject to a civil 
132.5   penalty to be imposed by the commissioner not to exceed $1,000 
132.6   for each violation per day of violation.  The district court may 
132.7   hear, try, and determine actions commenced under this section.  
132.8   Trials under this section must be to the court sitting without a 
132.9   jury.  If the fine exceeds the maximum limit for conciliation 
132.10  court, the person appealing the fine may request the 
132.11  commissioner to conduct an administrative hearing under chapter 
132.12  14. 
132.13     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
132.14     Sec. 6.  Minnesota Statutes 2004, section 216D.08, 
132.15  subdivision 2, is amended to read: 
132.16     Subd. 2.  [SETTLEMENT.] The commissioner may negotiate a 
132.17  compromise settlement of a civil penalty.  In determining the 
132.18  amount of the penalty, or the amount of the compromise 
132.19  settlement, the commissioner shall consider the appropriateness 
132.20  of the penalty to the size of the business of the person 
132.21  charged, the gravity of the violation, and the good faith of the 
132.22  person charged in attempting to achieve compliance, after 
132.23  notification of a violation.  Unless the commissioner chooses to 
132.24  proceed in district court under subdivision 1, the contested 
132.25  case and judicial review provisions of chapter 14 apply to the 
132.26  orders of the commissioner imposing a penalty under sections 
132.27  216D.01 to 216D.07.  The amount of the penalty, when finally 
132.28  determined, may be deducted from sums owing by the state of 
132.29  Minnesota to the person charged. 
132.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
132.31     Sec. 7.  Minnesota Statutes 2004, section 259.11, is 
132.32  amended to read: 
132.33     259.11 [ORDER; FILING COPIES.] 
132.34     (a) Upon meeting the requirements of section 259.10, the 
132.35  court shall grant the application unless:  (1) it finds that 
132.36  there is an intent to defraud or mislead; (2) section 259.13 
133.1   prohibits granting the name change; or (3) in the case of the 
133.2   change of a minor child's name, the court finds that such name 
133.3   change is not in the best interests of the child.  The court 
133.4   shall set forth in the order the name and age of the applicant's 
133.5   spouse and each child of the applicant, if any, and shall state 
133.6   a description of the lands, if any, in which the applicant and 
133.7   the spouse and children, if any, claim to have an interest.  The 
133.8   court administrator shall file such order, and record the same 
133.9   in the judgment book.  If lands be described therein, a 
133.10  certified copy of the order shall be filed for record, by the 
133.11  applicant, with the county recorder of each county wherein any 
133.12  of the same are situated.  Before doing so the court 
133.13  administrator shall present the same to the county auditor who 
133.14  shall enter the change of name in the auditor's official records 
133.15  and note upon the instrument, over an official signature, the 
133.16  words "change of name recorded."  Any such order shall not be 
133.17  filed, nor any certified copy thereof be issued, until the 
133.18  applicant shall have paid to the county recorder and court 
133.19  administrator the fee required by law.  No application shall be 
133.20  denied on the basis of the marital status of the applicant. 
133.21     (b) When a person applies for a name change, the court 
133.22  shall determine whether the person has been convicted of a 
133.23  felony a criminal history in this or any other state.  The court 
133.24  may conduct a search of national records through the Federal 
133.25  Bureau of Investigation by submitting a set of fingerprints and 
133.26  the appropriate fee to the Bureau of Criminal Apprehension.  If 
133.27  so it is determined that the person has a criminal history in 
133.28  this or any other state, the court shall, within ten days after 
133.29  the name change application is granted, report the name change 
133.30  to the Bureau of Criminal Apprehension.  The person whose name 
133.31  is changed shall also report the change to the Bureau of 
133.32  Criminal Apprehension within ten days.  The court granting the 
133.33  name change application must explain this reporting duty in its 
133.34  order.  Any person required to report the person's name change 
133.35  to the Bureau of Criminal Apprehension who fails to report the 
133.36  name change as required under this paragraph is guilty of a 
134.1   gross misdemeanor.  
134.2      (c) Paragraph (b) does not apply to either: 
134.3      (1) a request for a name change as part of an application 
134.4   for a marriage license under section 517.08; or 
134.5      (2) a request for a name change in conjunction with a 
134.6   marriage dissolution under section 518.27. 
134.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
134.8      Sec. 8.  Minnesota Statutes 2004, section 299A.465, is 
134.9   amended by adding a subdivision to read: 
134.10     Subd. 6.  [DETERMINATION OF SCOPE AND DUTIES.] (a) Whenever 
134.11  a peace officer or firefighter has been approved to receive a 
134.12  duty-related disability pension, the officer or firefighter may 
134.13  apply to the panel established in subdivision 7 for a 
134.14  determination of whether or not the officer or firefighter meets 
134.15  the requirements in subdivision 1, paragraph (a), clause (2).  
134.16  In making this decision, the panel shall determine whether or 
134.17  not the officer's or firefighter's occupational duties or 
134.18  professional responsibilities put the officer or firefighter at 
134.19  risk for the type of illness or injury actually sustained.  A 
134.20  final determination by the panel is binding on the applicant and 
134.21  the employer, subject to any right of judicial review.  
134.22  Applications must be made within 90 days of receipt of approval 
134.23  of a duty-related pension and must be acted upon by the panel 
134.24  within 90 days of receipt.  Applications that are not acted upon 
134.25  within 90 days of receipt by the panel are approved.  
134.26  Applications and supporting documents are private data. 
134.27     (b) This subdivision expires July 1, 2008.  
134.28     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
134.29  and applies to duty-related pension approvals made on or after 
134.30  that date. 
134.31     Sec. 9.  Minnesota Statutes 2004, section 299A.465, is 
134.32  amended by adding a subdivision to read: 
134.33     Subd. 7.  [COURSE AND SCOPE OF DUTIES PANEL.] (a) A panel 
134.34  is established for the purpose set forth in subdivision 6, 
134.35  composed of the following seven members: 
134.36     (1) two members recommended by the Minnesota League of 
135.1   Cities or a successor; 
135.2      (2) one member recommended by the Association of Minnesota 
135.3   Counties or a successor; 
135.4      (3) two members recommended by the Minnesota Police and 
135.5   Peace Officers Association or a successor; 
135.6      (4) one member recommended by the Minnesota Professional 
135.7   Firefighters Association or a successor; and 
135.8      (5) one nonorganizational member recommended by the six 
135.9   organizational members. 
135.10     (b) Recommendations must be forwarded to the commissioner 
135.11  of public safety who shall appoint the recommended members after 
135.12  determining that they were properly recommended.  Members shall 
135.13  serve for two years or until their successors have been seated.  
135.14  No member may serve more than three consecutive terms.  
135.15  Vacancies on the panel must be filled by recommendation by the 
135.16  organization whose representative's seat has been vacated.  A 
135.17  vacancy of the nonorganizational seat must be filled by the 
135.18  recommendation of the panel.  Vacancies may be declared by the 
135.19  panel in cases of resignation or when a member misses three or 
135.20  more consecutive meetings, or by a nominating organization when 
135.21  its nominee is no longer a member in good standing of the 
135.22  organization, an employee of the organization, or an employee of 
135.23  a member in good standing of the organization.  A member 
135.24  appointed because of a vacancy shall serve until the expiration 
135.25  of the vacated term. 
135.26     (c) Panel members shall be reimbursed for expenses related 
135.27  to their duties according to section 15.059, subdivision 3, 
135.28  paragraph (a), but shall not receive compensation or per diem 
135.29  payments.  The panel's proceedings and determinations constitute 
135.30  a quasi-judicial process and its operation must comply with 
135.31  chapter 14.  Membership on the panel does not constitute holding 
135.32  a public office and members of the panel are not required to 
135.33  take and file oaths of office or submit a public official's bond 
135.34  before serving on the panel.  No member of the panel may be 
135.35  disqualified from holding any public office or employment by 
135.36  reason of being appointed to the panel.  Members of the panel 
136.1   and staff or consultants working with the panel are covered by 
136.2   the immunity provision in section 214.34, subdivision 2.  The 
136.3   panel shall elect a chair and adopt rules of order.  The panel 
136.4   shall convene no later than July 1, 2005. 
136.5      (d) This subdivision expires July 1, 2008. 
136.6      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
136.7   following final enactment. 
136.8      Sec. 10.  Minnesota Statutes 2004, section 299C.095, 
136.9   subdivision 1, is amended to read: 
136.10     Subdivision 1.  [ACCESS TO DATA ON JUVENILES.] (a) The 
136.11  bureau shall administer and maintain the computerized juvenile 
136.12  history record system based on sections 260B.171 and 260C.171 
136.13  and other statutes requiring the reporting of data on 
136.14  juveniles.  The data in the system are private data as defined 
136.15  in section 13.02, subdivision 12, but are accessible to criminal 
136.16  justice agencies as defined in section 13.02, subdivision 3a, to 
136.17  all trial courts and appellate courts, to a person who has 
136.18  access to the juvenile court records as provided in sections 
136.19  260B.171 and 260C.171 or under court rule, to public defenders 
136.20  as provided in section 611.272, and to criminal justice agencies 
136.21  in other states in the conduct of their official duties. 
136.22     (b) Except for access authorized under paragraph (a), the 
136.23  bureau shall only disseminate a juvenile adjudication history 
136.24  record in connection with a background check required by statute 
136.25  or rule and performed on a licensee, license applicant, or 
136.26  employment applicant or performed under section 299C.62 or 
136.27  624.713.  If the background check is performed under section 
136.28  299C.62, juvenile adjudication history disseminated under this 
136.29  paragraph is limited to offenses that would constitute a 
136.30  background check crime as defined in section 299C.61, 
136.31  subdivision 2.  A consent for release of information from an 
136.32  individual who is the subject of a juvenile adjudication history 
136.33  is not effective and the bureau shall not release a juvenile 
136.34  adjudication history record and shall not release information in 
136.35  a manner that reveals the existence of the record.  Data 
136.36  maintained under section 243.166, released in conjunction with a 
137.1   background check, regardless of the age of the offender at the 
137.2   time of the offense, does not constitute releasing information 
137.3   in a manner that reveals the existence of a juvenile 
137.4   adjudication history. 
137.5      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
137.6      Sec. 11.  Minnesota Statutes 2004, section 299C.11, is 
137.7   amended to read: 
137.8      299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
137.9      (a) Each sheriff and chief of police shall furnish the 
137.10  bureau, upon such form as the superintendent shall prescribe, 
137.11  with such finger and thumb prints, photographs, distinctive 
137.12  physical mark identification data, information on known aliases 
137.13  and street names, and other identification data as may be 
137.14  requested or required by the superintendent of the bureau, which 
137.15  must be taken under the provisions of section 299C.10.  In 
137.16  addition, sheriffs and chiefs of police shall furnish this 
137.17  identification data to the bureau for individuals found to have 
137.18  been convicted of a felony, gross misdemeanor, or targeted 
137.19  misdemeanor, within the ten years immediately preceding their 
137.20  arrest.  When the bureau learns that an individual who is the 
137.21  subject of a background check has used, or is using, identifying 
137.22  information, including, but not limited to, name and date of 
137.23  birth, other than those listed on the criminal history, the 
137.24  bureau may add the new identifying information to the criminal 
137.25  history when supported by fingerprints. 
137.26     (b) No petition under chapter 609A is required if the 
137.27  person has not been convicted of any felony or gross 
137.28  misdemeanor, either within or without the state, within the 
137.29  period of ten years immediately preceding the determination of 
137.30  all pending criminal actions or proceedings in favor of the 
137.31  arrested person, and either of the following occurred: 
137.32     (1) all charges were dismissed prior to a determination of 
137.33  probable cause; or 
137.34     (2) the prosecuting authority declined to file any charges 
137.35  and a grand jury did not return an indictment. 
137.36  Where these conditions are met, the bureau or agency shall, upon 
138.1   demand, return to the arrested person finger and thumb prints, 
138.2   photographs, distinctive physical mark identification data, 
138.3   information on known aliases and street names, and other 
138.4   identification data, and all copies and duplicates of them. 
138.5      (c) Except as otherwise provided in paragraph (b), upon the 
138.6   determination of all pending criminal actions or proceedings in 
138.7   favor of the arrested person, and the granting of the petition 
138.8   of the arrested person under chapter 609A, the bureau shall seal 
138.9   finger and thumb prints, photographs, distinctive physical mark 
138.10  identification data, information on known aliases and street 
138.11  names, and other identification data, and all copies and 
138.12  duplicates of them if the arrested person has not been convicted 
138.13  of any felony or gross misdemeanor, either within or without the 
138.14  state, within the period of ten years immediately preceding such 
138.15  determination. 
138.16     (d) DNA samples and DNA records of the arrested person 
138.17  shall not be returned, sealed, or destroyed as to a charge 
138.18  supported by probable cause.  
138.19     (e) For purposes of this section: 
138.20     (1) "determination of all pending criminal actions or 
138.21  proceedings in favor of the arrested person" does not include: 
138.22     (i) the sealing of a criminal record pursuant to section 
138.23  152.18, subdivision 1, 242.31, or chapter 609A; 
138.24     (ii) the arrested person's successful completion of a 
138.25  diversion program; 
138.26     (iii) an order of discharge under section 609.165; or 
138.27     (iv) a pardon granted under section 638.02; and 
138.28     (2) "targeted misdemeanor" has the meaning given in section 
138.29  299C.10, subdivision 1. 
138.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
138.31     Sec. 12.  Minnesota Statutes 2004, section 326.3382, is 
138.32  amended by adding a subdivision to read: 
138.33     Subd. 5.  [SPECIAL PROTECTIVE AGENT CLASSIFICATION.] The 
138.34  board shall establish a special protective agent license 
138.35  classification that provides that a person described in section 
138.36  326.338, subdivision 4, clause (4), who is otherwise qualified 
139.1   under this section need not meet the requirements of subdivision 
139.2   2, paragraph (c). 
139.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
139.4      Sec. 13.  Minnesota Statutes 2004, section 518B.01, is 
139.5   amended by adding a subdivision to read: 
139.6      Subd. 23.  [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) 
139.7   An employer shall not discharge, discipline, threaten, otherwise 
139.8   discriminate against, or penalize an employee regarding the 
139.9   employee's compensation, terms, conditions, location, or 
139.10  privileges of employment, because the employee took reasonable 
139.11  time off from work to obtain or attempt to obtain relief under 
139.12  this chapter.  Except in cases of imminent danger to the health 
139.13  or safety of the employee or the employee's child, an employee 
139.14  who is absent from the workplace shall give reasonable advance 
139.15  notice to the employer.  Upon request of the employer, the 
139.16  employee shall provide verification that supports the employee's 
139.17  reason for being absent from the workplace.  All information 
139.18  related to the employee's leave pursuant to this section shall 
139.19  be kept confidential by the employer. 
139.20     (b) An employer who violates paragraph (a) is guilty of a 
139.21  misdemeanor and may be punished for contempt of court.  In 
139.22  addition, the court shall order the employer to pay back wages 
139.23  and offer job reinstatement to any employee discharged from 
139.24  employment in violation of paragraph (a). 
139.25     (c) In addition to any remedies otherwise provided by law, 
139.26  an employee injured by a violation of paragraph (a) may bring a 
139.27  civil action for recovery of damages, together with costs and 
139.28  disbursements, including reasonable attorney fees, and may 
139.29  receive such injunctive and other equitable relief, including 
139.30  reinstatement, as determined by the court.  Total damages 
139.31  recoverable under this subdivision shall not exceed lost wages 
139.32  for six weeks.  
139.33     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
139.34  and applies to crimes committed on or after that date. 
139.35     Sec. 14.  Minnesota Statutes 2004, section 609.748, is 
139.36  amended by adding a subdivision to read: 
140.1      Subd. 10.  [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) 
140.2   An employer shall not discharge, discipline, threaten, otherwise 
140.3   discriminate against, or penalize an employee regarding the 
140.4   employee's compensation, terms, conditions, location, or 
140.5   privileges of employment, because the employee took reasonable 
140.6   time off from work to obtain or attempt to obtain relief under 
140.7   this section.  Except in cases of imminent danger to the health 
140.8   or safety of the employee or the employee's child, an employee 
140.9   who is absent from the workplace shall give reasonable advance 
140.10  notice to the employer.  Upon request of the employer, the 
140.11  employee shall provide verification that supports the employee's 
140.12  reason for being absent from the workplace.  All information 
140.13  related to the employee's leave pursuant to this section shall 
140.14  be kept confidential by the employer. 
140.15     (b) An employer who violates paragraph (a) is guilty of a 
140.16  misdemeanor and may be punished for contempt of court.  In 
140.17  addition, the court shall order the employer to pay back wages 
140.18  and offer job reinstatement to any employee discharged from 
140.19  employment in violation of paragraph (a). 
140.20     (c) In addition to any remedies otherwise provided by law, 
140.21  an employee injured by a violation of paragraph (a) may bring a 
140.22  civil action for recovery of damages, together with costs and 
140.23  disbursements, including reasonable attorney fees, and may 
140.24  receive such injunctive and other equitable relief, including 
140.25  reinstatement, as determined by the court.  Total damages 
140.26  recoverable under this subdivision shall not exceed lost wages 
140.27  for six weeks.  
140.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
140.29  and applies to crimes committed on or after that date. 
140.30     Sec. 15.  Minnesota Statutes 2004, section 611A.01, is 
140.31  amended to read: 
140.32     611A.01 [DEFINITIONS.] 
140.33     For the purposes of sections 611A.01 to 611A.06: 
140.34     (a) "crime" means conduct that is prohibited by local 
140.35  ordinance and results in bodily harm to an individual; or 
140.36  conduct that is included within the definition of "crime" in 
141.1   section 609.02, subdivision 1, or would be included within that 
141.2   definition but for the fact that (i) the person engaging in the 
141.3   conduct lacked capacity to commit the crime under the laws of 
141.4   this state, or (ii) the act was alleged or found to have been 
141.5   committed by a juvenile; 
141.6      (b) "victim" means a natural person who incurs loss or harm 
141.7   as a result of a crime, including a good faith effort to prevent 
141.8   a crime, and for purposes of sections 611A.04 and 611A.045, also 
141.9   includes (i) a corporation that incurs loss or harm as a result 
141.10  of a crime, (ii) a government entity that incurs loss or harm as 
141.11  a result of a crime, and (iii) any other entity authorized to 
141.12  receive restitution under section 609.10 or 609.125.  If the 
141.13  victim is a natural person and is deceased, "victim" means the 
141.14  deceased's surviving spouse or next of kin The term "victim" 
141.15  includes the family members, guardian, or custodian of a minor, 
141.16  incompetent, incapacitated, or deceased person.  In a case where 
141.17  the prosecutor finds that the number of family members makes it 
141.18  impracticable to accord all of the family members the rights 
141.19  described in sections 611A.02 to 611A.0395, the prosecutor shall 
141.20  establish a reasonable procedure to give effect to those 
141.21  rights.  The procedure may not limit the number of victim impact 
141.22  statements submitted to the court under section 611A.038.  The 
141.23  term "victim" does not include the person charged with or 
141.24  alleged to have committed the crime; and 
141.25     (c) "juvenile" has the same meaning as given to the term 
141.26  "child" in section 260B.007, subdivision 3. 
141.27     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
141.28     Sec. 16.  Minnesota Statutes 2004, section 611A.036, is 
141.29  amended to read: 
141.30     611A.036 [PROHIBITION AGAINST EMPLOYER RETALIATION.] 
141.31     Subdivision 1.  [VICTIM OR WITNESS.] An employer or 
141.32  employer's agent who threatens to discharge or discipline must 
141.33  allow a victim or witness, or who discharges, disciplines, or 
141.34  causes a victim or witness to be discharged from employment or 
141.35  disciplined because the victim or the witness who is subpoenaed 
141.36  or requested by the prosecutor to attend court for the purpose 
142.1   of giving testimony, is guilty of a misdemeanor and may be 
142.2   punished for contempt of court.  In addition, the court shall 
142.3   order the employer to offer job reinstatement to any victim or 
142.4   witness discharged from employment in violation of this section, 
142.5   and to pay the victim or witness back wages as 
142.6   appropriate reasonable time off from work to attend criminal 
142.7   proceedings related to the victim's case. 
142.8      Subd. 2.  [VICTIM'S SPOUSE OR NEXT OF KIN.] An employer 
142.9   must allow a victim of a heinous crime, as well as the victim's 
142.10  spouse or next of kin, reasonable time off from work to attend 
142.11  criminal proceedings related to the victim's case. 
142.12     Subd. 3.  [PROHIBITED ACTS.] An employer shall not 
142.13  discharge, discipline, threaten, otherwise discriminate against, 
142.14  or penalize an employee regarding the employee's compensation, 
142.15  terms, conditions, location, or privileges of employment, 
142.16  because the employee took reasonable time off from work to 
142.17  attend a criminal proceeding pursuant to this section. 
142.18     Subd. 4.  [VERIFICATION; CONFIDENTIALITY.] An employee who 
142.19  is absent from the workplace shall give reasonable advance 
142.20  notice to the employer, unless an emergency prevents the 
142.21  employee from doing so.  Upon request of the employer, the 
142.22  employee shall provide verification that supports the employee's 
142.23  reason for being absent from the workplace.  All information 
142.24  related to the employee's leave pursuant to this section shall 
142.25  be kept confidential by the employer. 
142.26     Subd. 5.  [PENALTY.] An employer who violates this section 
142.27  is guilty of a misdemeanor and may be punished for contempt of 
142.28  court.  In addition, the court shall order the employer to offer 
142.29  job reinstatement to any employee discharged from employment in 
142.30  violation of this section, and to pay the employee back wages as 
142.31  appropriate. 
142.32     Subd. 6.  [CIVIL ACTION.] In addition to any remedies 
142.33  otherwise provided by law, an employee injured by a violation of 
142.34  this section may bring a civil action for recovery for damages, 
142.35  together with costs and disbursements, including reasonable 
142.36  attorney fees, and may receive such injunctive and other 
143.1   equitable relief, including reinstatement, as determined by the 
143.2   court.  Total damages recoverable under this section shall not 
143.3   exceed lost wages for six weeks. 
143.4      Subd. 7.  [DEFINITION.] As used in this section, "heinous 
143.5   crime" means: 
143.6      (1) a violation or attempted violation of section 609.185 
143.7   or 609.19; 
143.8      (2) a violation of section 609.195 or 609.221; or 
143.9      (3) a violation of section 609.342, 609.343, or 609.344, if 
143.10  the offense was committed with force or violence or if the 
143.11  complainant was a minor at the time of the offense. 
143.12     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
143.13  and applies to crimes committed on or after that date. 
143.14     Sec. 17.  Minnesota Statutes 2004, section 611A.19, is 
143.15  amended to read: 
143.16     611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
143.17  VIRUS.] 
143.18     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
143.19  the request or with the consent of the victim, the prosecutor 
143.20  shall make a motion in camera and the sentencing court shall 
143.21  issue an order requiring an adult convicted of or a juvenile 
143.22  adjudicated delinquent for violating section 609.342 (criminal 
143.23  sexual conduct in the first degree), 609.343 (criminal sexual 
143.24  conduct in the second degree), 609.344 (criminal sexual conduct 
143.25  in the third degree), 609.345 (criminal sexual conduct in the 
143.26  fourth degree), or any other violent crime, as defined in 
143.27  section 609.1095, to submit to testing to determine the presence 
143.28  of human immunodeficiency virus (HIV) antibody if:  
143.29     (1) the crime involved sexual penetration, however slight, 
143.30  as defined in section 609.341, subdivision 12; or 
143.31     (2) evidence exists that the broken skin or mucous membrane 
143.32  of the victim was exposed to or had contact with the offender's 
143.33  semen or blood during the commission of the crime in a manner 
143.34  which has been demonstrated epidemiologically to transmit the 
143.35  human immunodeficiency virus (HIV).  
143.36     (b) When the court orders an offender to submit to testing 
144.1   under paragraph (a), the court shall order that the test be 
144.2   performed by an appropriate health professional who is trained 
144.3   to provide the counseling described in section 144.7414, and 
144.4   that no reference to the test, the motion requesting the test, 
144.5   the test order, or the test results may appear in the criminal 
144.6   record or be maintained in any record of the court or court 
144.7   services, except in the medical record maintained by the 
144.8   Department of Corrections. 
144.9      (c) The order shall include the name and contact 
144.10  information of the victim's choice of health care provider.  
144.11     Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
144.12  results of a test performed under subdivision 1 are private data 
144.13  as defined in section 13.02, subdivision 12, when maintained by 
144.14  a person subject to chapter 13, or may be released only with the 
144.15  subject's consent, if maintained by a person not subject to 
144.16  chapter 13.  The results are available, on request, to the 
144.17  victim or, if the victim is a minor, to the victim's parent or 
144.18  guardian and positive test results shall be reported to the 
144.19  commissioner of health.  Any test results shall be given to a 
144.20  victim or victim's parent or guardian shall be provided by a 
144.21  health professional who is trained to provide the counseling 
144.22  described in section 144.7414 by the Department of Correction's 
144.23  medical director to the victim's health care provider who shall 
144.24  give the results to the victim or victim's parent or guardian.  
144.25  Data regarding administration and results of the test are not 
144.26  accessible to any other person for any purpose and shall not be 
144.27  maintained in any record of the court or court services or any 
144.28  other record.  After the test results are given to the victim or 
144.29  the victim's parent or guardian, data on the test must be 
144.30  removed from any medical data or health records maintained under 
144.31  section 13.384 or 144.335 and destroyed, except for those 
144.32  medical records maintained by the Department of Corrections. 
144.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
144.34     Sec. 18.  Minnesota Statutes 2004, section 611A.53, 
144.35  subdivision 1b, is amended to read: 
144.36     Subd. 1b.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 
145.1   Minnesota resident who is the victim of a crime committed 
145.2   outside the geographical boundaries of this state but who 
145.3   otherwise meets the requirements of this section shall have the 
145.4   same rights under this chapter as if the crime had occurred 
145.5   within this state upon a showing that the state, territory, or 
145.6   United States possession, country, or political subdivision of a 
145.7   country in which the crime occurred does not have a crime victim 
145.8   reparations law covering the resident's injury or death.  
145.9      (b) Notwithstanding paragraph (a), a Minnesota resident who 
145.10  is the victim of a crime involving international terrorism who 
145.11  otherwise meets the requirements of this section has the same 
145.12  rights under this chapter as if the crime had occurred within 
145.13  this state regardless of where the crime occurred or whether the 
145.14  jurisdiction has a crime victims reparations law. 
145.15     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
145.16  and applies to those seeking reparations on or after that date. 
145.17     Sec. 19.  [SPECIAL REVENUE SPENDING AUTHORIZATION FROM 
145.18  CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.] 
145.19     Remaining balances in the special revenue fund from 
145.20  spending authorized by Laws 2001, First Special Session chapter 
145.21  8, article 7, section 14, subdivision 1, for which spending 
145.22  authorization ended June 30, 2003, under Laws 2001, First 
145.23  Special Session, chapter 8, article 7, section 14, subdivision 
145.24  3, are transferred to the general fund.  
145.25     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
145.26     Sec. 20.  [TRANSFER OF RESPONSIBILITIES.] 
145.27     The responsibility of the Department of Employment and 
145.28  Economic Development for the youth intervention program is 
145.29  transferred to the Department of Public Safety. 
145.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
145.31     Sec. 21.  [REVISOR INSTRUCTION.] 
145.32     The revisor of statutes shall renumber Minnesota Statutes, 
145.33  section 116L.30 as section 299A.73.  The revisor shall also make 
145.34  necessary cross-reference changes consistent with the 
145.35  renumbering. 
145.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
146.1                              ARTICLE 9
146.2                             FIRE MARSHAL 
146.3      Section 1.  Minnesota Statutes 2004, section 84.362, is 
146.4   amended to read: 
146.5      84.362 [REMOVAL OF STRUCTURES.] 
146.6      Until after the sale of any parcel of tax-forfeited land, 
146.7   whether classified as agricultural or nonagricultural hereunder, 
146.8   the county auditor may, with the approval of the commissioner, 
146.9   provide: 
146.10     (1) for the sale or demolition of any structure located 
146.11  thereon, which on the land that has been determined by the 
146.12  county board to be within the purview of section 299F.10, 
146.13  especially liable to fire or so situated as to endanger life or 
146.14  limb or other buildings or property in the vicinity because of 
146.15  age, dilapidated condition, defective chimney, defective 
146.16  electric wiring, any gas connection, heating apparatus, or other 
146.17  defect; and 
146.18     (2) for the sale of salvage material, if any, therefrom.  
146.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
146.20     Sec. 2.  Minnesota Statutes 2004, section 282.04, 
146.21  subdivision 2, is amended to read: 
146.22     Subd. 2.  [RIGHTS BEFORE SALE; IMPROVEMENTS, INSURANCE, 
146.23  DEMOLITION.] (a) Before the sale of a parcel of forfeited land 
146.24  the county auditor may, with the approval of the county board of 
146.25  commissioners, provide for the repair and improvement of any 
146.26  building or structure located upon the parcel, and may provide 
146.27  for maintenance of tax-forfeited lands, if it is determined by 
146.28  the county board that such repairs, improvements, or maintenance 
146.29  are necessary for the operation, use, preservation, and safety 
146.30  of the building or structure.  
146.31     (b) If so authorized by the county board, the county 
146.32  auditor may insure the building or structure against loss or 
146.33  damage resulting from fire or windstorm, may purchase workers' 
146.34  compensation insurance to insure the county against claims for 
146.35  injury to the persons employed in the building or structure by 
146.36  the county, and may insure the county, its officers and 
147.1   employees against claims for injuries to persons or property 
147.2   because of the management, use, or operation of the building or 
147.3   structure.  
147.4      (c) The county auditor may, with the approval of the county 
147.5   board, provide: 
147.6      (1) for the demolition of the building or structure, which 
147.7   has been determined by the county board to be within the purview 
147.8   of section 299F.10, especially liable to fire or so situated as 
147.9   to endanger life or limb or other buildings or property in the 
147.10  vicinity because of age, dilapidated condition, defective 
147.11  chimney, defective electric wiring, any gas connection, heating 
147.12  apparatus, or other defect; and 
147.13     (2) for the sale of salvaged materials from the building or 
147.14  structure.  
147.15     (d) The county auditor, with the approval of the county 
147.16  board, may provide for the sale of abandoned personal property.  
147.17  The sale may be made by the sheriff using the procedures for the 
147.18  sale of abandoned property in section 345.15 or by the county 
147.19  auditor using the procedures for the sale of abandoned property 
147.20  in section 504B.271.  The net proceeds from any sale of the 
147.21  personal property, salvaged materials, timber or other products, 
147.22  or leases made under this law must be deposited in the forfeited 
147.23  tax sale fund and must be distributed in the same manner as if 
147.24  the parcel had been sold. 
147.25     (e) The county auditor, with the approval of the county 
147.26  board, may provide for the demolition of any structure on 
147.27  tax-forfeited lands, if in the opinion of the county board, the 
147.28  county auditor, and the land commissioner, if there is one, the 
147.29  sale of the land with the structure on it, or the continued 
147.30  existence of the structure by reason of age, dilapidated 
147.31  condition or excessive size as compared with nearby structures, 
147.32  will result in a material lessening of net tax capacities of 
147.33  real estate in the vicinity of the tax-forfeited lands, or if 
147.34  the demolition of the structure or structures will aid in 
147.35  disposing of the tax-forfeited property. 
147.36     (f) Before the sale of a parcel of forfeited land located 
148.1   in an urban area, the county auditor may with the approval of 
148.2   the county board provide for the grading of the land by filling 
148.3   or the removal of any surplus material from it.  If the physical 
148.4   condition of forfeited lands is such that a reasonable grading 
148.5   of the lands is necessary for the protection and preservation of 
148.6   the property of any adjoining owner, the adjoining property 
148.7   owner or owners may apply to the county board to have the 
148.8   grading done.  If, after considering the application, the county 
148.9   board believes that the grading will enhance the value of the 
148.10  forfeited lands commensurate with the cost involved, it may 
148.11  approve it, and the work must be performed under the supervision 
148.12  of the county or city engineer, as the case may be, and the 
148.13  expense paid from the forfeited tax sale fund. 
148.14     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
148.15     Sec. 3.  Minnesota Statutes 2004, section 299F.011, 
148.16  subdivision 7, is amended to read: 
148.17     Subd. 7.  [FEES.] A fee of $100 shall be charged by The 
148.18  state fire marshal shall charge a fee of $100 for each plan 
148.19  review involving: 
148.20     (1) flammable liquids under Minnesota Rules, part 
148.21  7510.3650; 
148.22     (2) motor vehicle fuel-dispensing stations under Minnesota 
148.23  Rules, part 7510.3610; or 
148.24     (3) liquefied petroleum gases under Minnesota Rules, part 
148.25  7510.3670. 
148.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
148.27     Sec. 4.  Minnesota Statutes 2004, section 299F.014, is 
148.28  amended to read: 
148.29     299F.014 [RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK 
148.30  VEHICLE PARKING.] 
148.31     (a) Any rule of the commissioner of public safety that 
148.32  adopts provisions of the Uniform State Fire Code relating to 
148.33  aboveground tanks for petroleum storage that are not used for 
148.34  dispensing to the public is superseded by Minnesota Rules, 
148.35  chapter 7151, in regard to:  secondary containment, substance 
148.36  transfer areas, tank and piping standards, overfill protection, 
149.1   corrosion protection, leak detection, labeling, monitoring, 
149.2   maintenance, record keeping, and decommissioning.  If Minnesota 
149.3   Rules, chapter 7151, does not address an issue relating to 
149.4   aboveground tanks for petroleum storage that are not used for 
149.5   dispensing to the public, any applicable provision of the 
149.6   Uniform State Fire Code, 1997 Edition, shall apply applies. 
149.7      (b) A motorized tank vehicle used to transport petroleum 
149.8   products may be parked within 500 feet of a residence if the 
149.9   vehicle is parked at an aboveground tank facility used for 
149.10  dispensing petroleum into cargo tanks for sale at another 
149.11  location. 
149.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
149.13     Sec. 5.  Minnesota Statutes 2004, section 299F.05, is 
149.14  amended to read: 
149.15     299F.05 [LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.] 
149.16     Subdivision 1.  [INVESTIGATION, ARREST, AND PROSECUTION.] 
149.17  The state fire marshal, On determining that reasonable grounds 
149.18  exist to believe that a violation of sections 609.561 to 609.576 
149.19  has occurred, or reasonable grounds to believe that some other 
149.20  crime has occurred in connection with a fire investigated 
149.21  pursuant to section 299F.04, the state fire marshal shall so 
149.22  inform the superintendent of the Bureau of Criminal 
149.23  Apprehension.  The superintendent law enforcement authority 
149.24  having jurisdiction, who shall cooperate with the fire marshal 
149.25  and local fire officials in further investigating the reported 
149.26  incident in a manner which that may include supervising and 
149.27  directing the subsequent criminal investigation, and taking the 
149.28  testimony on oath of all persons supposed to be cognizant of any 
149.29  facts relating to the matter under investigation.  If the 
149.30  superintendent believes On determining that there is evidence 
149.31  sufficient to charge any person with a violation of sections 
149.32  609.561 to 609.576, or of any other crime in connection with an 
149.33  investigated fire, the superintendent authority having 
149.34  jurisdiction shall arrest or cause have the person to be 
149.35  arrested and charged with the offense and furnish to the proper 
149.36  prosecuting attorney all relevant evidence, together with the 
150.1   copy of all names of witnesses and all the information obtained 
150.2   by the superintendent authority or the state fire marshal, 
150.3   including a copy of all pertinent and material testimony taken 
150.4   in the case. 
150.5      Subd. 2.  [INFORMATION SYSTEM.] The state fire marshal and 
150.6   the superintendent of the Bureau of Criminal Apprehension shall 
150.7   maintain a record of arrests, charges filed, and final 
150.8   disposition of all fires reported and investigated under 
150.9   sections 299F.04 and 299F.05.  For this purpose, the Department 
150.10  of Public Safety shall implement a single reporting system shall 
150.11  be implemented by the Department of Public Safety utilizing the 
150.12  systems operated by the fire marshal and the bureau.  The system 
150.13  shall must be operated in such a way as to minimize duplication 
150.14  and discrepancies in reported figures. 
150.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
150.16     Sec. 6.  Minnesota Statutes 2004, section 299F.051, 
150.17  subdivision 4, is amended to read: 
150.18     Subd. 4.  [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 
150.19  state fire marshal and the superintendent of the Bureau of 
150.20  Criminal Apprehension shall encourage the cooperation of local 
150.21  firefighters and peace officers in the investigation of 
150.22  violations of sections 609.561 to 609.576 or other crimes 
150.23  associated with reported fires in all appropriate ways, 
150.24  including providing reimbursement to political subdivisions at a 
150.25  rate not to exceed 50 percent of the salaries of peace officers 
150.26  and firefighters for time spent in attending fire investigation 
150.27  training courses offered by the arson training unit.  Volunteer 
150.28  firefighters from a political subdivision shall be reimbursed at 
150.29  the rate of $35 per day plus expenses incurred in attending fire 
150.30  investigation training courses offered by the arson training 
150.31  unit.  Reimbursement shall be made only in the event that both a 
150.32  peace officer and a firefighter from the same political 
150.33  subdivision attend the same training course.  The reimbursement 
150.34  shall be subject to the limitation of funds appropriated and 
150.35  available for expenditure.  The state fire marshal and the 
150.36  superintendent also shall encourage local firefighters and peace 
151.1   officers to seek assistance from the arson strike force 
151.2   established in section 299F.058. 
151.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
151.4      Sec. 7.  Minnesota Statutes 2004, section 299F.06, 
151.5   subdivision 1, is amended to read: 
151.6      Subdivision 1.  [SUMMON WITNESSES; PRODUCE DOCUMENTARY 
151.7   EVIDENCE.] (a) In order to establish if reasonable grounds exist 
151.8   to believe that a violation of sections 609.561 to 609.576, has 
151.9   occurred, or to determine compliance with the Uniform State Fire 
151.10  Code or corrective orders issued thereunder under that code, the 
151.11  state fire marshal and the staff designated by the state fire 
151.12  marshal shall have the power, in any county of the state to, may 
151.13  summon and compel the attendance of witnesses to testify before 
151.14  the state fire marshal, chief assistant fire marshal, or deputy 
151.15  state fire marshals, and may require the production of any book, 
151.16  paper, or document deemed pertinent.  The state fire marshal may 
151.17  also designate certain individuals from fire departments in 
151.18  cities of the first class and cities of the second class as 
151.19  having the powers set forth in this paragraph.  These designated 
151.20  individuals may only exercise their powers in a manner 
151.21  prescribed by the state fire marshal.  "Fire department" has the 
151.22  meaning given in section 299F.092, subdivision 6.  "Cities of 
151.23  the first class" and "cities of the second class" have the 
151.24  meanings given in section 410.01.  
151.25     (b) A summons issued under this subdivision shall must be 
151.26  served in the same manner and have has the same effect as 
151.27  subpoenas a subpoena issued from a district courts court.  All 
151.28  witnesses shall must receive the same compensation as is paid to 
151.29  witnesses in district courts, which shall must be paid out of 
151.30  the fire marshal fund upon vouchers a voucher certificate signed 
151.31  by the state fire marshal, chief assistant fire marshal, or 
151.32  deputy fire marshal before whom any witnesses shall have 
151.33  attended and this officer shall, at the close of the 
151.34  investigation wherein in which the witness was subpoenaed, 
151.35  certify to the attendance and mileage of the witness, which.  
151.36  This certificate shall must be filed in the Office of the State 
152.1   Fire Marshal.  All investigations held by or under the direction 
152.2   of the state fire marshal, or any subordinate, may, in the state 
152.3   fire marshal's discretion, be private and persons other than 
152.4   those required to be present by the provisions of this chapter 
152.5   may be excluded from the place where the investigation is held, 
152.6   and witnesses may be kept separate and apart from each other and 
152.7   not allowed to communicate with each other until they have been 
152.8   examined. 
152.9      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
152.10     Sec. 8.  Minnesota Statutes 2004, section 299F.19, 
152.11  subdivision 1, is amended to read: 
152.12     Subdivision 1.  [RULES.] The commissioner of public safety 
152.13  shall adopt rules for the safekeeping, storage, handling, use, 
152.14  or other disposition of flammable liquids, flammable gases, 
152.15  blasting agents, and explosives.  Loads carried in or on 
152.16  vehicles transporting such these products upon public highways 
152.17  within this state shall be are governed by the uniform vehicle 
152.18  size and weights provisions in sections 169.80 to 169.88 and the 
152.19  transportation of hazardous materials provisions of section 
152.20  221.033.  The rules for flammable liquids and flammable gases 
152.21  shall be distinguished from each other and from the rules 
152.22  covering other materials subject to regulation under this 
152.23  subdivision. 
152.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
152.25     Sec. 9.  Minnesota Statutes 2004, section 299F.19, 
152.26  subdivision 2, is amended to read: 
152.27     Subd. 2.  [BLASTING AGENT DEFINED; EXPLOSIVES CLASSIFIED.] 
152.28  (a) For the purposes of this section, and the rules adopted 
152.29  pursuant thereto, the term to this section: 
152.30     (a) "Blasting agent" means any material or mixture, 
152.31  consisting of a fuel and oxidizer, intended for blasting, not 
152.32  otherwise classified as an explosive and in which none of the 
152.33  ingredients is classified as an explosive,; providing that, the 
152.34  finished product, as mixed and packaged for use or shipment, 
152.35  cannot be detonated by means of a number 8 test blasting cap 
152.36  when unconfined.  The term "Blasting agent" does not include 
153.1   flammable liquids or flammable gases. 
153.2      (b) For the purposes of this section, and the rules adopted 
153.3   pursuant thereto, "Explosive" means any chemical compound, 
153.4   mixture, or device, the primary or common purpose of which is to 
153.5   function by explosion.  The term includes, but is not limited 
153.6   to, dynamite, black powder, pellet powder, initiating 
153.7   explosives, detonators, safety fuses, squibs, detonating cord, 
153.8   igniter cord, igniters, display fireworks, and class 1.3G 
153.9   fireworks (formerly classified as Class B special fireworks).  
153.10  "Explosive" includes any material determined to be within the 
153.11  scope of United States Code, title 18, chapter 40, and also 
153.12  includes any material classified as an explosive other than 
153.13  consumer fireworks, 1.4G (Class C, Common), by the hazardous 
153.14  materials regulations of the United States Department of 
153.15  Transportation (DOTn) in Code of Federal Regulations, title 49. 
153.16     (c) Explosives are divided into three classes four 
153.17  categories and are defined as follows: 
153.18     (1) class A explosives:  possessing detonating or otherwise 
153.19  maximum hazard, such as dynamite, nitroglycerin, picric acid, 
153.20  lead azide, fulminate of mercury, blasting caps, and detonating 
153.21  primers; 
153.22     (2) class B explosives:  possessing flammable hazard, such 
153.23  as propellant explosives (including some smokeless powders), 
153.24  black powder, photographic flash powders, and some special 
153.25  fireworks; 
153.26     (3) class C explosives:  includes certain types of 
153.27  manufactured articles which contain class A, or class B 
153.28  explosives, or both, as components but in restricted quantities. 
153.29  The term explosive or explosives means any chemical compound, 
153.30  mixture or device, the primary or common purpose of which is to 
153.31  function by explosion; that is, with substantially instantaneous 
153.32  release of gas and heat, unless such compound, mixture, or 
153.33  device is otherwise specifically classified by the United States 
153.34  Department of Transportation.  The term explosives includes all 
153.35  material which is classified as class A, class B, and class C 
153.36  explosives by the United States Department of Transportation, 
154.1   and includes, but is not limited to dynamite, black powder, 
154.2   pellet powder, initiating explosives, blasting caps, electric 
154.3   blasting caps, safety fuse, fuse lighters, fuse igniters, 
154.4   squibs, cordeau detonate fuse, instantaneous fuse, igniter cord, 
154.5   igniters, and some special fireworks.  Commercial explosives are 
154.6   those explosives which are intended to be used in commercial or 
154.7   industrial operation.  The term explosives does not include 
154.8   flammable liquids or flammable gases. 
154.9      (1) High explosive:  explosive material, such as dynamite, 
154.10  that can be caused to detonate by means of a number eight test 
154.11  blasting cap when unconfined. 
154.12     (2) Low explosive:  explosive material that will burn or 
154.13  deflagrate when ignited, characterized by a rate of reaction 
154.14  that is less than the speed of sound, including, but not limited 
154.15  to, black powder, safety fuse, igniters, igniter cord, fuse 
154.16  lighters, class 1.3G fireworks (formerly classified as Class B 
154.17  special fireworks), and class 1.3C propellants. 
154.18     (3) Mass-detonating explosives:  division 1.1, 1.2, and 1.5 
154.19  explosives alone or in combination, or loaded into various types 
154.20  of ammunition or containers, most of which can be expected to 
154.21  explode virtually instantaneously when a small portion is 
154.22  subjected to fire, severe concussion, impact, the impulse of an 
154.23  initiating agent, or the effect of a considerable discharge of 
154.24  energy from without.  Materials that react in this manner 
154.25  represent a mass explosion hazard.  Such an explosive will 
154.26  normally cause severe structural damage to adjacent objects.  
154.27  Explosive propagation could occur immediately to other items of 
154.28  ammunition and explosives stored sufficiently close to and not 
154.29  adequately protected from the initially exploding pile with a 
154.30  time interval short enough so that two or more quantities must 
154.31  be considered as one for quantity-distance purposes. 
154.32     (4) United Nations/United States Department of 
154.33  Transportation (UN/DOTn) Class 1 explosives:  the hazard class 
154.34  of explosives that further defines and categorizes explosives 
154.35  under the current system applied by DOTn for all explosive 
154.36  materials into further divisions as follows, with the letter G 
155.1   identifying the material as a pyrotechnic substance or article 
155.2   containing a pyrotechnic substance and similar materials: 
155.3      (i) Division 1.1 explosives have a mass explosion hazard.  
155.4   A mass explosion is one that affects almost the entire load 
155.5   instantaneously. 
155.6      (ii) Division 1.2 explosives have a projection hazard but 
155.7   not a mass explosion hazard. 
155.8      (iii) Division 1.3 explosives have a fire hazard and either 
155.9   a minor blast hazard or a minor projection hazard or both, but 
155.10  not a mass explosion hazard. 
155.11     (iv) Division 1.4 explosives pose a minor explosion 
155.12  hazard.  The explosive effects are largely confined to the 
155.13  package and no projection of fragments of appreciable size or 
155.14  range is to be expected.  An external fire must not cause 
155.15  virtually instantaneous explosion of almost the entire contents 
155.16  of the package. 
155.17     (v) Division 1.5 explosives are very insensitive and are 
155.18  comprised of substances that have a mass explosion hazard, but 
155.19  are so insensitive that there is very little probability of 
155.20  initiation or of transition from burning to detonation under 
155.21  normal conditions of transport. 
155.22     (vi) Division 1.6 explosives are extremely insensitive and 
155.23  do not have a mass explosion hazard, comprised of articles that 
155.24  contain only extremely insensitive detonating substances and 
155.25  that demonstrate a negligible probability of accidental 
155.26  initiation or propagation. 
155.27     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
155.28     Sec. 10.  Minnesota Statutes 2004, section 299F.362, 
155.29  subdivision 3, is amended to read: 
155.30     Subd. 3.  [SMOKE DETECTOR FOR ANY DWELLING.] Every dwelling 
155.31  unit within a dwelling shall must be provided with a smoke 
155.32  detector meeting the requirements of Underwriters Laboratories, 
155.33  Inc., or approved by the International Conference of Building 
155.34  Officials the State Fire Code.  The detector shall must be 
155.35  mounted in accordance with the rules regarding smoke detector 
155.36  location promulgated adopted under the provisions of subdivision 
156.1   2.  When actuated, the detector shall must provide an alarm in 
156.2   the dwelling unit. 
156.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
156.4      Sec. 11.  Minnesota Statutes 2004, section 299F.362, 
156.5   subdivision 4, is amended to read: 
156.6      Subd. 4.  [SMOKE DETECTOR FOR APARTMENT, LODGING HOUSE, OR 
156.7   HOTEL.] Every dwelling unit within an apartment house and every 
156.8   guest room in a lodging house or hotel used for sleeping 
156.9   purposes shall must be provided with a smoke detector conforming 
156.10  to the requirements of Underwriters Laboratories, Inc., or 
156.11  approved by the International Conference of Building 
156.12  Officials the State Fire Code.  In dwelling units, detectors 
156.13  shall must be mounted in accordance with the rules regarding 
156.14  smoke detector location promulgated adopted under the provisions 
156.15  of subdivision 2.  When actuated, the detector shall must 
156.16  provide an alarm in the dwelling unit or guest room. 
156.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
156.18     Sec. 12.  Minnesota Statutes 2004, section 299F.391, 
156.19  subdivision 1, is amended to read: 
156.20     Subdivision 1.  [DEFINITIONS.] For purposes of this section 
156.21  the following definitions shall apply: 
156.22     (a) "Lodging house" means any building or portion thereof 
156.23  containing not more than five guest rooms which are used or 
156.24  intended to be used for sleeping purposes by guests and where 
156.25  rent is paid in money, goods, labor or otherwise "Dormitory" 
156.26  means all or a portion of a building containing one or more 
156.27  rooms for group sleeping or closely associated rooms used for 
156.28  sleeping. 
156.29     (b) "Hospital" has the meaning given it in section 144.50. 
156.30     (c) "Hotel" means any building or portion thereof 
156.31  containing six or more guest rooms intended or designed to be 
156.32  used, or which are a hotel, motel, resort, boarding house, bed 
156.33  and breakfast, furnished apartment house, or other building that 
156.34  is kept, used, rented, hired out to be occupied, or which are 
156.35  occupied for advertised, or held out to the public as a place 
156.36  where sleeping purposes by or housekeeping accommodations are 
157.1   supplied for pay to guests, and which is required to be licensed 
157.2   pursuant to chapter 157 for transient occupancy. 
157.3      (d) "Nursing home" has the meaning given it in section 
157.4   144A.01. 
157.5      (e) "School" means any public or private school or 
157.6   educational institution.  
157.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
157.8      Sec. 13.  Minnesota Statutes 2004, section 299F.46, 
157.9   subdivision 1, is amended to read: 
157.10     Subdivision 1.  [HOTEL INSPECTION OF HOTELS AND OTHER 
157.11  LODGING FACILITIES.] (a) It shall be the duty of The 
157.12  commissioner of public safety to shall inspect, or cause to 
157.13  be have inspected, at least once every three years, every hotel 
157.14  in this state; and, other lodging facility with five or more 
157.15  guest rooms, dormitories, youth or family camps, and juvenile 
157.16  group home buildings.  For that purpose, the commissioner, or 
157.17  the commissioner's deputies or designated alternates or agents, 
157.18  shall have the right to may enter or have access thereto 
157.19  lodging facility buildings at any reasonable hour; and, when, 
157.20  upon such inspection, it shall be found that the hotel so 
157.21  inspected does not conform to or is not being operated in 
157.22  accordance with the provisions of sections 157.011 and 157.15 to 
157.23  157.22, in so far as the same relate to fire prevention or fire 
157.24  protection of hotels, or the rules promulgated thereunder, or is 
157.25  being.  These buildings must be maintained or operated in such 
157.26  manner as to violate the Minnesota accordance with the State 
157.27  Fire Code promulgated pursuant to section 299F.011 or any other 
157.28  law of this state relating to fire prevention and fire 
157.29  protection of hotels, the commissioner and the deputies or 
157.30  designated alternates or agents shall report such a situation to 
157.31  the hotel inspector who shall proceed as provided for in chapter 
157.32  157. 
157.33     (b) The word words "hotel", and "dormitory," as used in 
157.34  this subdivision, has section, have the meaning meanings given 
157.35  in section 299F.391. 
157.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
158.1      Sec. 14.  Minnesota Statutes 2004, section 299F.46, 
158.2   subdivision 3, is amended to read: 
158.3      Subd. 3.  [INSPECTION FEES.] (a) For each hotel or 
158.4   dormitory with 35 or more rooms and required to have a fire 
158.5   inspection according to subdivision 1, the commissioner of 
158.6   public safety may charge each hotel a triennial inspection fee 
158.7   of $435 and a per-room charge of $5 for one to 18 units, $6 for 
158.8   19 to 35 units, $7 for 36 to 100 units, $7 for 35 to 99 units 
158.9   and $8 for 100 or more units, or a per bed charge of 50 cents 
158.10  for beds in a group sleeping area.  The fee includes one 
158.11  follow-up inspection.  The commissioner shall charge each resort 
158.12  a triennial inspection fee of $435 and a per room charge of $5 
158.13  for one to ten units, $6 for 11 to 25 units, and $7 for 26 or 
158.14  more units.  These fees include one follow-up inspection.  
158.15  The commissioner shall charge a fee of $225 for each additional 
158.16  follow-up inspection for hotels and resorts these buildings, 
158.17  conducted in each three-year cycle that is necessary to bring 
158.18  the hotel or resort building into compliance with the State Fire 
158.19  Code. 
158.20     (b) Nothing in this subdivision prevents the 
158.21  designated local government agent, as defined in subdivision 2, 
158.22  from continuing to charge an established inspection fee or from 
158.23  establishing a new inspection fee. 
158.24     (c) Hotels and motels with fewer than 35 rooms and resorts 
158.25  classified as 1c under section 273.13 are exempt from the fee 
158.26  requirements of this subdivision. 
158.27     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
158.28     Sec. 15.  Minnesota Statutes 2004, section 325F.04, is 
158.29  amended to read: 
158.30     325F.04 [FLAME RESISTANT TENTS AND SLEEPING BAGS.] 
158.31     (a) No person, firm or corporation may sell or offer for 
158.32  sale or manufacture for sale in this state any tent unless all 
158.33  fabrics or pliable materials in the tent are durably flame 
158.34  resistant.  No person, firm or corporation may sell or offer for 
158.35  sale or manufacture for sale in this state any sleeping bag 
158.36  unless it meets the standards of the commissioner of public 
159.1   safety for flame resistancy.  Tents and sleeping bags shall be 
159.2   conspicuously labeled as being durably flame resistant. 
159.3      (b) Paragraph (a) does not apply to one and two-person 
159.4   backpacking tents. 
159.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
159.6   following final enactment. 
159.7      Sec. 16.  Minnesota Statutes 2004, section 624.22, 
159.8   subdivision 1, is amended to read: 
159.9      Subdivision 1.  [GENERAL REQUIREMENTS; PERMIT; 
159.10  INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not 
159.11  prohibit the supervised display of fireworks by a statutory or 
159.12  home rule charter city, fair association, amusement park, or 
159.13  other organization, except that: 
159.14     (1) a fireworks display may be conducted only when 
159.15  supervised by an operator certified by the state fire marshal; 
159.16  and 
159.17     (2) a fireworks display must either be given by a 
159.18  municipality or fair association within its own limits, or by 
159.19  any other organization, whether public or private, only after a 
159.20  permit for the display has first been secured.  
159.21     (b) An application for a permit for an outdoor fireworks 
159.22  display must be made in writing to the municipal clerk at least 
159.23  15 days in advance of the date of the display and must list the 
159.24  name of an operator who is certified by the state fire marshal 
159.25  and will supervise the display.  The application must be 
159.26  promptly referred to the chief of the fire department, who shall 
159.27  make an investigation to determine whether the operator of the 
159.28  display is competent and is certified by the state fire marshal, 
159.29  and whether the display is of such a character and is to be so 
159.30  located, discharged, or fired that it will not be hazardous to 
159.31  property or endanger any person.  The fire chief shall report 
159.32  the results of this investigation to the clerk.  If the fire 
159.33  chief reports that the operator is certified, that in the 
159.34  chief's opinion the operator is competent, and that the 
159.35  fireworks display as planned will conform to the safety 
159.36  guidelines of the state fire marshal provided for in paragraph 
160.1   (f), the clerk shall issue a permit for the display when the 
160.2   applicant pays a permit fee.  
160.3      (c) When the supervised outdoor fireworks display for which 
160.4   a permit is sought is to be held outside the limits of an 
160.5   incorporated municipality, the application must be made to the 
160.6   county auditor, and the auditor shall perform duties imposed by 
160.7   sections 624.20 to 624.25 upon the clerk of the municipality.  
160.8   When an application is made to the auditor, the county sheriff 
160.9   shall perform the duties imposed on the fire chief of the 
160.10  municipality by sections 624.20 to 624.25.  
160.11     (d) An application for an indoor fireworks display permit 
160.12  must be made in writing to the state fire marshal by the 
160.13  operator of the facility in which the display is to occur at 
160.14  least 15 days in advance of the date of any performance, show, 
160.15  or event which will include the discharge of fireworks inside a 
160.16  building or structure.  The application must list the name of an 
160.17  operator who is certified by the state fire marshal and will 
160.18  supervise the display.  The state fire marshal shall make an 
160.19  investigation to determine whether the operator of the display 
160.20  is competent and is properly certified and whether the display 
160.21  is of such a character and is to be so located, discharged, or 
160.22  fired that it will not be hazardous to property or endanger any 
160.23  person.  If the state fire marshal determines that the operator 
160.24  is certified and competent, that the indoor fireworks display as 
160.25  planned will conform to the safety guidelines provided for in 
160.26  paragraph (f), and that adequate notice will be given to inform 
160.27  patrons of the indoor fireworks display, the state fire marshal 
160.28  shall issue a permit for the display when the applicant pays an 
160.29  indoor fireworks fee of $150 and reimburses the fire marshal for 
160.30  costs of inspection.  Receipts from the indoor fireworks fee and 
160.31  inspection reimbursements must be deposited in the general fund 
160.32  as a nondedicated receipt.  The state fire marshal may issue a 
160.33  single permit for multiple indoor fireworks displays when all of 
160.34  the displays are to take place at the same venue as part of a 
160.35  series of performances by the same performer or group of 
160.36  performers.  A copy of the application must be promptly conveyed 
161.1   to the chief of the local fire department, who shall make 
161.2   appropriate preparations to ensure public safety in the vicinity 
161.3   of the display.  The operator of a facility where an indoor 
161.4   fireworks display occurs must provide notice in a prominent 
161.5   place as approved by the state fire marshal to inform patrons 
161.6   attending a performance when indoor fireworks will be part of 
161.7   that performance.  The state fire marshal may grant a local fire 
161.8   chief the authority to issue permits for indoor fireworks 
161.9   displays.  Before issuing a permit, a local fire chief must make 
161.10  the determinations required in this paragraph.  
161.11     (e) After a permit has been granted under either paragraph 
161.12  (b) or (d), sales, possession, use and distribution of fireworks 
161.13  for a display are lawful for that purpose only.  A permit is not 
161.14  transferable.  
161.15     (f) The state fire marshal shall adopt and disseminate to 
161.16  political subdivisions rules establishing guidelines on 
161.17  fireworks display safety that are consistent with sections 
161.18  624.20 to 624.25 and the most recent editions edition of the 
161.19  Minnesota Uniform State Fire Code and the National Fire 
161.20  Protection Association Standards, to insure that fireworks 
161.21  displays are given safely.  In the guidelines, the state fire 
161.22  marshal shall allow political subdivisions to exempt the use of 
161.23  relatively safe fireworks for theatrical special effects, 
161.24  ceremonial occasions, and other limited purposes, as determined 
161.25  by the state fire marshal. 
161.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
161.27     Sec. 17.  [INSTRUCTION TO REVISOR.] 
161.28     The revisor of statutes shall change the terms "Minnesota 
161.29  Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code" 
161.30  where found in Minnesota Statutes, sections 16B.61, subdivision 
161.31  2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011, 
161.32  subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015, 
161.33  subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6; 
161.34  299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391, 
161.35  subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and 
161.36  462.3585. 
162.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
162.2      Sec. 18.  [REPEALER.] 
162.3      Minnesota Statutes 2004, sections 69.011, subdivision 5; 
162.4   299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12; 
162.5   299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451; 
162.6   and 299F.452, are repealed. 
162.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
162.8                              ARTICLE 10
162.9                       EMERGENCY COMMUNICATIONS
162.10     Section 1.  Minnesota Statutes 2004, section 237.70, 
162.11  subdivision 7, is amended to read: 
162.12     Subd. 7.  [APPLICATION, NOTICE, FINANCIAL ADMINISTRATION, 
162.13  COMPLAINT INVESTIGATION.] The telephone assistance plan must be 
162.14  administered jointly by the commission, the Department of 
162.15  Commerce, and the local service providers in accordance with the 
162.16  following guidelines: 
162.17     (a) The commission and the Department of Commerce shall 
162.18  develop an application form that must be completed by the 
162.19  subscriber for the purpose of certifying eligibility for 
162.20  telephone assistance plan credits to the local service 
162.21  provider.  The application must contain the applicant's Social 
162.22  Security number.  Applicants who refuse to provide a Social 
162.23  Security number will be denied telephone assistance plan 
162.24  credits.  The application form must also include a statement 
162.25  that the applicant household is currently eligible for one of 
162.26  the programs that confers eligibility for the federal Lifeline 
162.27  Program.  The application must be signed by the applicant, 
162.28  certifying, under penalty of perjury, that the information 
162.29  provided by the applicant is true. 
162.30     (b) Each local service provider shall annually mail a 
162.31  notice of the availability of the telephone assistance plan to 
162.32  each residential subscriber in a regular billing and shall mail 
162.33  the application form to customers when requested.  
162.34     The notice must state the following: 
162.35     YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 
162.36  BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE 
163.1   PROGRAMS.  FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE 
163.2   CONTACT ......... 
163.3      (c) An application may be made by the subscriber, the 
163.4   subscriber's spouse, or a person authorized by the subscriber to 
163.5   act on the subscriber's behalf.  On completing the application 
163.6   certifying that the statutory criteria for eligibility are 
163.7   satisfied, the applicant must return the application to the 
163.8   subscriber's local service provider.  On receiving a completed 
163.9   application from an applicant, the subscriber's local service 
163.10  provider shall provide telephone assistance plan credits against 
163.11  monthly charges in the earliest possible month following receipt 
163.12  of the application.  The applicant must receive telephone 
163.13  assistance plan credits until the earliest possible month 
163.14  following the service provider's receipt of information that the 
163.15  applicant is ineligible. 
163.16  If the telephone assistance plan credit is not itemized on the 
163.17  subscriber's monthly charges bill for local telephone service, 
163.18  the local service provider must notify the subscriber of the 
163.19  approval for the telephone assistance plan credit. 
163.20     (d) The commission shall serve as the coordinator of the 
163.21  telephone assistance plan and be reimbursed for its 
163.22  administrative expenses from the surcharge revenue pool.  As the 
163.23  coordinator, the commission shall: 
163.24     (1) establish a uniform statewide surcharge in accordance 
163.25  with subdivision 6; 
163.26     (2) establish a uniform statewide level of telephone 
163.27  assistance plan credit that each local service provider shall 
163.28  extend to each eligible household in its service area; 
163.29     (3) require each local service provider to account to the 
163.30  commission on a periodic basis for surcharge revenues collected 
163.31  by the provider, expenses incurred by the provider, not to 
163.32  include expenses of collecting surcharges, and credits extended 
163.33  by the provider under the telephone assistance plan; 
163.34     (4) require each local service provider to remit surcharge 
163.35  revenues to the Department of Administration Public Safety for 
163.36  deposit in the fund; and 
164.1      (5) remit to each local service provider from the surcharge 
164.2   revenue pool the amount necessary to compensate the provider for 
164.3   expenses, not including expenses of collecting the surcharges, 
164.4   and telephone assistance plan credits.  When it appears that the 
164.5   revenue generated by the maximum surcharge permitted under 
164.6   subdivision 6 will be inadequate to fund any particular 
164.7   established level of telephone assistance plan credits, the 
164.8   commission shall reduce the credits to a level that can be 
164.9   adequately funded by the maximum surcharge.  Similarly, the 
164.10  commission may increase the level of the telephone assistance 
164.11  plan credit that is available or reduce the surcharge to a level 
164.12  and for a period of time that will prevent an unreasonable 
164.13  overcollection of surcharge revenues. 
164.14     (e) Each local service provider shall maintain adequate 
164.15  records of surcharge revenues, expenses, and credits related to 
164.16  the telephone assistance plan and shall, as part of its annual 
164.17  report or separately, provide the commission and the Department 
164.18  of Commerce with a financial report of its experience under the 
164.19  telephone assistance plan for the previous year.  That report 
164.20  must also be adequate to satisfy the reporting requirements of 
164.21  the federal matching plan. 
164.22     (f) The Department of Commerce shall investigate complaints 
164.23  against local service providers with regard to the telephone 
164.24  assistance plan and shall report the results of its 
164.25  investigation to the commission. 
164.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
164.27  following final enactment. 
164.28     Sec. 2.  Minnesota Statutes 2004, section 403.02, 
164.29  subdivision 7, is amended to read: 
164.30     Subd. 7.  [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic 
164.31  location identification" means the process of electronically 
164.32  identifying and displaying on a special viewing screen the name 
164.33  of the subscriber and the location, where available, of the 
164.34  calling telephone number to a person answering a 911 emergency 
164.35  call. 
164.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
165.1   following final enactment. 
165.2      Sec. 3.  Minnesota Statutes 2004, section 403.02, 
165.3   subdivision 13, is amended to read: 
165.4      Subd. 13.  [ENHANCED 911 SERVICE.] "Enhanced 911 service" 
165.5   means the use of selective routing, automatic location 
165.6   identification, or local location identification as part of 
165.7   local 911 service provided by an enhanced 911 system consisting 
165.8   of a common 911 network and database and customer data and 
165.9   network components connecting to the common 911 network and 
165.10  database. 
165.11     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
165.12  following final enactment. 
165.13     Sec. 4.  Minnesota Statutes 2004, section 403.02, 
165.14  subdivision 17, is amended to read: 
165.15     Subd. 17.  [911 SERVICE.] "911 service" means a 
165.16  telecommunications service that automatically connects a person 
165.17  dialing the digits 911 to an established public safety answering 
165.18  point.  911 service includes: 
165.19     (1) equipment for connecting and outswitching 911 calls 
165.20  within a telephone central office, trunking facilities from the 
165.21  central office to a public safety answering point customer data 
165.22  and network components connecting to the common 911 network and 
165.23  database; 
165.24     (2) common 911 network and database equipment, as 
165.25  appropriate, for automatically selectively routing 911 calls in 
165.26  situations where one telephone central office serves more than 
165.27  one to the public safety answering point serving the caller's 
165.28  jurisdiction; and 
165.29     (3) provision of automatic location identification if the 
165.30  public safety answering point has the capability of providing 
165.31  that service.  
165.32     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
165.33  following final enactment. 
165.34     Sec. 5.  Minnesota Statutes 2004, section 403.02, is 
165.35  amended by adding a subdivision to read: 
165.36     Subd. 17a.  [911 EMERGENCY TELECOMMUNICATIONS SERVICE 
166.1   PROVIDER.] "911 emergency telecommunications service provider" 
166.2   means a telecommunications service provider or other entity, 
166.3   determined by the commissioner to be capable of providing 
166.4   effective and efficient components of the 911 system, that 
166.5   provides all or portions of the network and database for 
166.6   automatically selectively routing 911 calls to the public safety 
166.7   answering point serving the caller's jurisdiction. 
166.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
166.9   following final enactment. 
166.10     Sec. 6.  Minnesota Statutes 2004, section 403.025, 
166.11  subdivision 3, is amended to read: 
166.12     Subd. 3.  [WIRE-LINE CONNECTED TELECOMMUNICATIONS SERVICE 
166.13  PROVIDER REQUIREMENTS.] Every owner and operator of a 
166.14  wire-line or wireless circuit switched or packet-based 
166.15  telecommunications system connected to the public switched 
166.16  telephone network shall design and maintain the system to dial 
166.17  the 911 number without charge to the caller. 
166.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
166.19  following final enactment. 
166.20     Sec. 7.  Minnesota Statutes 2004, section 403.025, 
166.21  subdivision 7, is amended to read: 
166.22     Subd. 7.  [CONTRACTUAL REQUIREMENTS.] (a) The state, 
166.23  together with the county or other governmental agencies 
166.24  operating public safety answering points, shall contract with 
166.25  the appropriate wire-line telecommunications service 
166.26  providers or other entities determined by the commissioner to be 
166.27  capable of providing effective and efficient components of the 
166.28  911 system for the operation, maintenance, enhancement, and 
166.29  expansion of the 911 system. 
166.30     (b) The state shall contract with the appropriate wireless 
166.31  telecommunications service providers for maintaining, enhancing, 
166.32  and expanding the 911 system. 
166.33     (c) The contract language or subsequent amendments to the 
166.34  contract must include a description of the services to be 
166.35  furnished by wireless and wire-line telecommunications service 
166.36  providers to the county or other governmental agencies operating 
167.1   public safety answering points, as well as compensation based on 
167.2   the effective tariff or price list approved by the Public 
167.3   Utilities Commission.  The contract language or subsequent 
167.4   amendments must include the terms of compensation based on the 
167.5   effective tariff or price list filed with the Public Utilities 
167.6   Commission or the prices agreed to by the parties. 
167.7      (d) The contract language or subsequent amendments to 
167.8   contracts between the parties must contain a provision for 
167.9   resolving disputes. 
167.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
167.11  following final enactment. 
167.12     Sec. 8.  Minnesota Statutes 2004, section 403.05, 
167.13  subdivision 3, is amended to read: 
167.14     Subd. 3.  [AGREEMENTS FOR SERVICE.] Each county and any 
167.15  other governmental agency shall contract with the state and 
167.16  wire-line telecommunications service providers or other entities 
167.17  determined by the commissioner to be capable of providing 
167.18  effective and efficient components of the 911 system for the 
167.19  recurring and nonrecurring costs associated with operating and 
167.20  maintaining 911 emergency communications systems. 
167.21     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
167.22  following final enactment. 
167.23     Sec. 9.  Minnesota Statutes 2004, section 403.07, 
167.24  subdivision 3, is amended to read: 
167.25     Subd. 3.  [DATABASE.] In 911 systems that have been 
167.26  approved by the commissioner for a local location identification 
167.27  database, each wire-line telecommunications service provider 
167.28  shall provide current customer names, service addresses, and 
167.29  telephone numbers to each public safety answering point within 
167.30  the 911 system and shall update the information according to a 
167.31  schedule prescribed by the county 911 plan.  Information 
167.32  provided under this subdivision must be provided in accordance 
167.33  with the transactional record disclosure requirements of the 
167.34  federal Electronic Communications Privacy Act of 1986 1932, 
167.35  United States Code, title 18 47, section 2703 222, 
167.36  subsection (c), paragraph (1), subparagraph (B)(iv) (g).  
168.1      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
168.2   following final enactment. 
168.3      Sec. 10.  Minnesota Statutes 2004, section 403.08, 
168.4   subdivision 10, is amended to read: 
168.5      Subd. 10.  [PLAN INTEGRATION.] Counties shall incorporate 
168.6   the statewide design when modifying county 911 plans to provide 
168.7   for integrating wireless 911 service into existing county 911 
168.8   systems.  The commissioner shall contract with the involved 
168.9   wireless service providers and 911 emergency telecommunications 
168.10  service providers to integrate cellular and other wireless 
168.11  services into existing 911 systems where feasible. 
168.12     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
168.13  following final enactment. 
168.14     Sec. 11.  Minnesota Statutes 2004, section 403.11, 
168.15  subdivision 1, is amended to read: 
168.16     Subdivision 1.  [EMERGENCY TELECOMMUNICATIONS SERVICE FEE; 
168.17  ACCOUNT.] (a) Each customer of a wireless or wire-line switched 
168.18  or packet-based telecommunications service provider connected to 
168.19  the public switched telephone network that furnishes service 
168.20  capable of originating a 911 emergency telephone call is 
168.21  assessed a fee based upon the number of wired or wireless 
168.22  telephone lines, or their equivalent, to cover the costs of 
168.23  ongoing maintenance and related improvements for trunking and 
168.24  central office switching equipment for 911 emergency 
168.25  telecommunications service, plus administrative and staffing 
168.26  costs of the commissioner related to managing the 911 emergency 
168.27  telecommunications service program.  Recurring charges by a 
168.28  wire-line telecommunications service provider for updating the 
168.29  information required by section 403.07, subdivision 3, must be 
168.30  paid by the commissioner if the wire-line telecommunications 
168.31  service provider is included in an approved 911 plan and the 
168.32  charges are made pursuant to tariff, price list, or contract.  
168.33  The fee assessed under this section must also be used for the 
168.34  purpose of offsetting the costs, including administrative and 
168.35  staffing costs, incurred by the State Patrol Division of the 
168.36  Department of Public Safety in handling 911 emergency calls made 
169.1   from wireless phones.  
169.2      (b) Money remaining in the 911 emergency telecommunications 
169.3   service account after all other obligations are paid must not 
169.4   cancel and is carried forward to subsequent years and may be 
169.5   appropriated from time to time to the commissioner to provide 
169.6   financial assistance to counties for the improvement of local 
169.7   emergency telecommunications services.  The improvements may 
169.8   include providing access to 911 service for telecommunications 
169.9   service subscribers currently without access and upgrading 
169.10  existing 911 service to include automatic number identification, 
169.11  local location identification, automatic location 
169.12  identification, and other improvements specified in revised 
169.13  county 911 plans approved by the commissioner. 
169.14     (c) Until June 30, 2006, the fee may not be less than eight 
169.15  cents nor more than 40 65 cents a month for each customer access 
169.16  line or other basic access service, including trunk equivalents 
169.17  as designated by the Public Utilities Commission for access 
169.18  charge purposes and including wireless telecommunications 
169.19  services.  Effective July 1, 2006, the fee may not be less than 
169.20  eight cents nor more than 50 cents a month for each customer 
169.21  access line or other basic access service, including trunk 
169.22  equivalents as designated by the commission for access charge 
169.23  purposes and including wireless telecommunications services.  
169.24  With the approval of the commissioner of finance, the 
169.25  commissioner of public safety shall establish the amount of the 
169.26  fee within the limits specified and inform the companies and 
169.27  carriers of the amount to be collected.  When the revenue bonds 
169.28  authorized under section 403.27, subdivision 1, have been fully 
169.29  paid or defeased, the commissioner shall reduce the fee to 
169.30  reflect that debt service on the bonds is no longer needed.  The 
169.31  commissioner shall provide companies and carriers a minimum of 
169.32  45 days' notice of each fee change.  The fee must be the same 
169.33  for all customers.  
169.34     (d) The fee must be collected by each wireless or wire-line 
169.35  telecommunications service provider subject to the fee.  Fees 
169.36  are payable to and must be submitted to the commissioner monthly 
170.1   before the 25th of each month following the month of collection, 
170.2   except that fees may be submitted quarterly if less than $250 a 
170.3   month is due, or annually if less than $25 a month is due.  
170.4   Receipts must be deposited in the state treasury and credited to 
170.5   a 911 emergency telecommunications service account in the 
170.6   special revenue fund.  The money in the account may only be used 
170.7   for 911 telecommunications services. 
170.8      (e) This subdivision does not apply to customers of 
170.9   interexchange carriers. 
170.10     (f) The installation and recurring charges for integrating 
170.11  wireless 911 calls into enhanced 911 systems must be paid by the 
170.12  commissioner if the 911 service provider is included in the 
170.13  statewide design plan and the charges are made pursuant to 
170.14  tariff, price list, or contract. 
170.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
170.16     Sec. 12.  Minnesota Statutes 2004, section 403.11, 
170.17  subdivision 3, is amended to read: 
170.18     Subd. 3.  [METHOD OF PAYMENT.] (a) Any wireless or 
170.19  wire-line telecommunications service provider incurring 
170.20  reimbursable costs under subdivision 1 shall submit an invoice 
170.21  itemizing rate elements by county or service area to the 
170.22  commissioner for 911 services furnished under tariff, price 
170.23  list, or contract.  Any wireless or wire-line telecommunications 
170.24  service provider is eligible to receive payment for 911 services 
170.25  rendered according to the terms and conditions specified in the 
170.26  contract.  Competitive local exchange carriers holding 
170.27  certificates of authority from the Public Utilities Commission 
170.28  are eligible to receive payment for recurring 911 services 
170.29  provided after July 1, 2001.  The commissioner shall pay the 
170.30  invoice within 30 days following receipt of the invoice unless 
170.31  the commissioner notifies the service provider that the 
170.32  commissioner disputes the invoice.  
170.33     (b) The commissioner shall estimate the amount required to 
170.34  reimburse 911 emergency telecommunications service providers and 
170.35  wireless and wire-line telecommunications service providers for 
170.36  the state's obligations under subdivision 1 and the governor 
171.1   shall include the estimated amount in the biennial budget 
171.2   request.  
171.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
171.4      Sec. 13.  Minnesota Statutes 2004, section 403.11, 
171.5   subdivision 3a, is amended to read: 
171.6      Subd. 3a.  [TIMELY CERTIFICATION.] A certification must be 
171.7   submitted to the commissioner no later than two years one year 
171.8   after commencing a new or additional eligible 911 service.  Any 
171.9   wireless or wire-line telecommunications service provider 
171.10  incurring reimbursable costs under this section at any time 
171.11  before January 1, 2003, may certify those costs for payment to 
171.12  the commissioner according to this section for a period of 90 
171.13  days after January 1, 2003.  During this period, the 
171.14  commissioner shall reimburse any wireless or wire-line 
171.15  telecommunications service provider for approved, certified 
171.16  costs without regard to any contrary provision of this 
171.17  subdivision.  
171.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
171.19  following final enactment and applies to contracts entered into 
171.20  on or after that date. 
171.21     Sec. 14.  Minnesota Statutes 2004, section 403.113, 
171.22  subdivision 1, is amended to read: 
171.23     Subdivision 1.  [FEE.] (a) Each customer receiving service 
171.24  from a wireless or wire-line switched or packet-based 
171.25  telecommunications service provider connected to the public 
171.26  telephone network that furnishes service capable of originating 
171.27  a 911 emergency telephone call is assessed a fee to fund 
171.28  implementation, operation, maintenance, enhancement, and 
171.29  expansion of enhanced 911 service, including acquisition of 
171.30  necessary equipment and the costs of the commissioner 
171.31  to administer the program.  The actual fee assessed under 
171.32  section 403.11 and the enhanced 911 service fee must be 
171.33  collected as one amount and may not exceed the amount specified 
171.34  in section 403.11, subdivision 1, paragraph (c). 
171.35     (b) The enhanced 911 service fee must be collected and 
171.36  deposited in the same manner as the fee in section 403.11 and 
172.1   used solely for the purposes of paragraph (a) and subdivision 3. 
172.2      (c) The commissioner, in consultation with counties and 911 
172.3   system users, shall determine the amount of the enhanced 911 
172.4   service fee.  The fee must include at least ten cents per month 
172.5   to be distributed under subdivision 2.  The commissioner shall 
172.6   inform wireless and wire-line telecommunications service 
172.7   providers that provide service capable of originating a 911 
172.8   emergency telephone call of the total amount of the 911 service 
172.9   fees in the same manner as provided in section 403.11. 
172.10     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
172.11     Sec. 15.  Minnesota Statutes 2004, section 403.21, 
172.12  subdivision 8, is amended to read: 
172.13     Subd. 8.  [SUBSYSTEMS.] "Subsystems" or "public safety 
172.14  radio subsystems" means systems identified in the plan or a plan 
172.15  developed under section 403.36 as subsystems interconnected by 
172.16  the system backbone in subsequent phases and operated by the 
172.17  Metropolitan Radio Board, a regional radio board, or local 
172.18  government units for their own internal operations.  
172.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
172.20  following final enactment. 
172.21     Sec. 16.  Minnesota Statutes 2004, section 403.27, is 
172.22  amended by adding a subdivision to read: 
172.23     Subd. 1a.  [AUTHORIZATION; THIRD PHASE.] The commissioner 
172.24  of finance, if requested by a vote of at least two-thirds of all 
172.25  of the members of the Statewide Radio Board, may authorize the 
172.26  issuance of revenue bonds or other debt instrument for any of 
172.27  the following purposes to: 
172.28     (1) provide funds for the elements of the third phase of 
172.29  the statewide public safety radio communication system within 
172.30  the southeast district of the State Patrol and the counties of 
172.31  Benton, Sherburne, Stearns, and Wright that the board determines 
172.32  are of regional or statewide benefit and support mutual aid and 
172.33  emergency medical services communication including, but not 
172.34  limited to, costs of master controllers of the backbone; 
172.35     (2) provide funds for the third phase of the public safety 
172.36  radio communication system within the southeast district of the 
173.1   State Patrol and the counties of Benton, Sherburne, Stearns, and 
173.2   Wright; 
173.3      (3) provide money for assistance to a local government for 
173.4   up to 50 percent of the cost of building a subsystem within the 
173.5   southeast district of the State Patrol and the counties of 
173.6   Benton, Sherburne, Stearns, and Wright; and 
173.7      (4) refund bonds issued under this section. 
173.8      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
173.9      Sec. 17.  Minnesota Statutes 2004, section 403.27, 
173.10  subdivision 3, is amended to read: 
173.11     Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
173.12  bonds issued pursuant to subdivision 1, exclusive of any 
173.13  original issue discount, shall not exceed the amount of 
173.14  $10,000,000 plus the amount the council determines necessary to 
173.15  pay the costs of issuance, fund reserves, debt service, and pay 
173.16  for any bond insurance or other credit enhancement. 
173.17     (b) In addition to the amount authorized under paragraph 
173.18  (a), the council may issue bonds under subdivision 1 in a 
173.19  principal amount of $3,306,300, plus the amount the council 
173.20  determines necessary to pay the cost of issuance, fund reserves, 
173.21  debt service, and any bond insurance or other credit 
173.22  enhancement.  The proceeds of bonds issued under this paragraph 
173.23  may not be used to finance portable or subscriber radio sets. 
173.24     (c) In addition to the amount authorized under paragraphs 
173.25  (a) and (b), the council may issue bonds under subdivision 1 in 
173.26  a principal amount of $18,000,000, plus the amount the council 
173.27  determines necessary to pay the costs of issuance, fund 
173.28  reserves, debt service, and any bond insurance or other credit 
173.29  enhancement.  The proceeds of bonds issued under this paragraph 
173.30  must be used to pay up to 50 percent of the cost to a local 
173.31  government unit of building a subsystem and may not be used to 
173.32  finance portable or subscriber radio sets.  The bond proceeds 
173.33  may be used to make improvements to an existing 800 MHz radio 
173.34  system that will interoperate with the regionwide public safety 
173.35  radio communication system, provided that the improvements 
173.36  conform to the board's plan and technical standards.  The 
174.1   council must time the sale and issuance of the bonds so that the 
174.2   debt service on the bonds can be covered by the additional 
174.3   revenue that will become available in the fiscal year ending 
174.4   June 30, 2005, generated under section 403.11 and appropriated 
174.5   under section 403.30.  
174.6      (d) In addition to the amount authorized under paragraphs 
174.7   (a) to (c), The council commissioner of finance may issue bonds 
174.8   or other debt instrument under subdivision 1 1a in a principal 
174.9   amount of up to $27,000,000 $45,000,000, plus the amount the 
174.10  council commissioner of finance determines necessary to pay the 
174.11  costs of issuance, fund reserves, debt service, and any bond 
174.12  insurance or other credit enhancement.  The proceeds of bonds 
174.13  issued under this paragraph are appropriated to the commissioner 
174.14  of public safety for phase three of the public safety radio 
174.15  communication system.  In anticipation of the receipt by the 
174.16  commissioner of public safety of the bond proceeds, the 
174.17  Metropolitan Radio Board may advance money from its operating 
174.18  appropriation to the commissioner of public safety to pay for 
174.19  design and preliminary engineering for phase three.  The 
174.20  commissioner of public safety must return these amounts to the 
174.21  Metropolitan Radio Board when the bond proceeds are received. 
174.22     (d) In addition to the amount authorized under paragraphs 
174.23  (a) through (c), the commissioner of finance may issue bonds 
174.24  under subdivision 1a in a principal amount of up to $9,500,000, 
174.25  plus the amount the commissioner of finance determines necessary 
174.26  to pay the costs of issuance, fund reserves, debt service, and 
174.27  any bond insurance or other credit enhancement.  The proceeds of 
174.28  bonds issued under this paragraph are appropriated to the 
174.29  commissioner of public safety for the purpose of subdivision 1a, 
174.30  clause (3), provided that the proceeds may not be used to 
174.31  finance portable or subscriber radio sets. 
174.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
174.33     Sec. 18.  Minnesota Statutes 2004, section 403.27, 
174.34  subdivision 4, is amended to read: 
174.35     Subd. 4.  [SECURITY.] The bonds issued under subdivision 1 
174.36  may be secured by a bond resolution or a trust indenture entered 
175.1   into by the council with a corporate trustee within or outside 
175.2   the state which shall define the fee pledged for the payment and 
175.3   security of the bonds and for payment of all necessary and 
175.4   reasonable debt service expenses until all the bonds referred to 
175.5   in subdivision 1 are fully paid or discharged in accordance with 
175.6   law.  The pledge shall be a valid charge on the emergency 
175.7   telephone service fee provided in chapter 403.  No mortgage of 
175.8   or security interest in any tangible real or personal property 
175.9   shall be granted to the bondholders or the trustee, but they 
175.10  shall have a valid security interest in the revenues and bond 
175.11  proceeds received by the council and pledged to the payment of 
175.12  the bonds as against the claims of all persons in tort, 
175.13  contract, or otherwise, irrespective of whether the parties have 
175.14  notice and without possession or filing as provided in the 
175.15  Uniform Commercial Code, or any other law, subject however to 
175.16  the rights of the holders of any general obligation bonds issued 
175.17  under section 403.32.  In the bond resolution or trust 
175.18  indenture, the council may make covenants as it determines to be 
175.19  reasonable for the protection of the bondholders. 
175.20     Neither the council, nor any council member, officer, 
175.21  employee, or agent of the council, nor any person executing the 
175.22  bonds shall be liable personally on the bonds by reason of their 
175.23  issuance.  The bonds are not payable from, and are not a charge 
175.24  upon, any funds other than the revenues and bond proceeds 
175.25  pledged to their payment.  The council is not subject to any 
175.26  liability on the bonds and has no power to obligate itself to 
175.27  pay or to pay the bonds from funds other than the revenues and 
175.28  bond proceeds pledged.  No holder of bonds has the right to 
175.29  compel any exercise of the taxing power of the council, except 
175.30  any deficiency tax levy the council covenants to certify under 
175.31  section 403.31, or any other public body, to the payment of 
175.32  principal of or interest on the bonds.  No holder of bonds has 
175.33  the right to enforce payment of principal or interest against 
175.34  any property of the council or other public body other than that 
175.35  expressly pledged for the payment of the bonds. 
175.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
176.1      Sec. 19.  Minnesota Statutes 2004, section 403.27, is 
176.2   amended by adding a subdivision to read: 
176.3      Subd. 5.  [SECURITY.] The bonds or other debt instrument 
176.4   issued under subdivision 1a may be secured by a bond resolution 
176.5   or a trust indenture entered into by the commissioner of finance 
176.6   with a corporate trustee within or outside the state which shall 
176.7   define the fee pledged for the payment and security of the bonds 
176.8   or other debt instrument and for payment of all necessary and 
176.9   reasonable debt service expenses until all the bonds or other 
176.10  debt instruments referred to in subdivision 1a are fully paid or 
176.11  discharged in accordance with law.  The pledge shall be a valid 
176.12  charge on the emergency telephone service fee provided in this 
176.13  chapter.  The bonds or other debt instrument shall have a valid 
176.14  security interest in the revenues and proceeds received by the 
176.15  commissioner of finance and pledged to the payment of the bonds 
176.16  or other debt instrument as against the claims of all persons in 
176.17  tort, contract, or otherwise, irrespective of whether the 
176.18  parties have notice and without possession or filing as provided 
176.19  in the Uniform Commercial Code, or any other law.  In the bond 
176.20  resolution or trust indenture, the commissioner of finance may 
176.21  make covenants as may be reasonable for the protection of the 
176.22  bondholders or other creditor. 
176.23     The bonds or other debt instrument are not payable from, 
176.24  and are not a charge upon, any funds other than the revenues and 
176.25  bond or other debt instrument proceeds pledged to their 
176.26  payment.  The state of Minnesota is not subject to any liability 
176.27  on the bonds and the commissioner of finance has no power to 
176.28  obligate the state of Minnesota to pay or to pay the bonds or 
176.29  other debt instruments from funds other than the revenues and 
176.30  debt instrument proceeds pledged.  No holder of bonds has the 
176.31  right to compel any exercise of the taxing power of the state of 
176.32  Minnesota, except any deficiency tax levy the commissioner is 
176.33  authorized to certify under section 403.31, or any other public 
176.34  body, to the payment of principal of or interest on the bonds or 
176.35  other debt instrument.  No holder of bonds has the right to 
176.36  enforce payment of principal or interest against any property of 
177.1   the state of Minnesota or other public body other than that 
177.2   expressly pledged for the payment of the bonds or other debt 
177.3   instrument. 
177.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
177.5      Sec. 20.  Minnesota Statutes 2004, section 403.30, 
177.6   subdivision 1, is amended to read: 
177.7      Subdivision 1.  [STANDING APPROPRIATION; COSTS COVERED.] 
177.8   For each fiscal year beginning with the fiscal year commencing 
177.9   July 1, 1997, the amount necessary to pay the following costs is 
177.10  appropriated to the commissioner of public safety from the 911 
177.11  emergency telecommunications service account established under 
177.12  section 403.11: 
177.13     (1) debt service costs and reserves for bonds issued 
177.14  pursuant to section 403.27, subdivision 1; and 
177.15     (2) repayment of the right-of-way acquisition loans; 
177.16     (3) costs of design, construction, maintenance of, and 
177.17  improvements to those elements of the first, second, and third 
177.18  phases that support mutual aid communications and emergency 
177.19  medical services; 
177.20     (4) recurring charges for leased sites and equipment for 
177.21  those elements of the first, second, and third phases that 
177.22  support mutual aid and emergency medical communication services; 
177.23  or 
177.24     (5) aid to local units of government for sites and 
177.25  equipment in support of mutual aid and emergency medical 
177.26  communications services cost authorized under subdivision 1a. 
177.27     This appropriation shall be used to pay annual debt service 
177.28  costs and reserves for bonds issued pursuant to section 403.27, 
177.29  subdivision 1, prior to use of fee money to pay other costs 
177.30  eligible under this subdivision.  In no event shall the 
177.31  appropriation for each fiscal year exceed an amount equal to 
177.32  four cents a month for each customer access line or other basic 
177.33  access service, including trunk equivalents as designated by the 
177.34  Public Utilities Commission for access charge purposes and 
177.35  including cellular and other nonwire access services, in the 
177.36  fiscal year.  Beginning July 1, 2004, this amount will increase 
178.1   to 13 cents a month.  
178.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
178.3      Sec. 21.  Minnesota Statutes 2004, section 403.30, is 
178.4   amended by adding a subdivision to read: 
178.5      Subd. 1a.  [STANDING APPROPRIATION; COSTS COVERED.] (a) For 
178.6   each fiscal year beginning with the fiscal year commencing July 
178.7   1, 2005, the amount necessary to pay the following costs is 
178.8   appropriated to the commissioner of public safety from the 911 
178.9   emergency telecommunications service account established under 
178.10  section 403.11: 
178.11     (1) debt service costs and reserves for bonds or other debt 
178.12  instrument issued pursuant to section 403.27, subdivision 1a; 
178.13     (2) repayment of the right-of-way acquisition loans; 
178.14     (3) costs of design, construction, maintenance of, and 
178.15  improvements to those elements of the system backbone that 
178.16  support mutual aid communications and emergency medical 
178.17  services; and 
178.18     (4) recurring charges for leased sites and equipment for 
178.19  those elements of the system backbone that support mutual aid 
178.20  and emergency medical communication services. 
178.21     (b) The appropriation in paragraph (a) shall be used to pay 
178.22  annual debt service costs and reserves for bonds issued pursuant 
178.23  to section 403.27, subdivision 1a, prior to use of fee money to 
178.24  pay other costs eligible under this subdivision.  In no event 
178.25  shall the appropriation for each fiscal year exceed an amount 
178.26  equal to nine cents a month for each customer access line or 
178.27  other basic access service, including trunk equivalents as 
178.28  designated by the Public Utilities Commission for access charge 
178.29  purposes and cellular and other nonwire access services in the 
178.30  fiscal year, plus any excess amounts made available to the 
178.31  commissioner under subdivision 1, clause (2). 
178.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
178.33     Sec. 22.  Minnesota Statutes 2004, section 403.30, 
178.34  subdivision 3, is amended to read: 
178.35     Subd. 3.  [MONTHLY APPROPRIATION TRANSFERS.] Each month, 
178.36  before the 25th day of the month, The commissioner shall 
179.1   transmit to the Metropolitan Council 1/12 of its total from the 
179.2   approved appropriation for the regionwide public safety 
179.3   communication system of funds provided for in section 403.30, 
179.4   subdivision 1, the amount necessary to meet debt service costs 
179.5   and reserves for bonds issued by the Metropolitan Council 
179.6   pursuant to section 403.27, subdivision 1. 
179.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
179.8      Sec. 23.  Minnesota Statutes 2004, section 403.30, is 
179.9   amended by adding a subdivision to read: 
179.10     Subd. 3a.  [APPROPRIATION TRANSFERS.] The commissioner 
179.11  shall transmit to the commissioner of finance from the approved 
179.12  appropriation of funds provided for in section 403.30, 
179.13  subdivision 1a, the amount necessary to meet debt service costs 
179.14  and reserves for bonds or other debt instrument issued by the 
179.15  commissioner of finance pursuant to section 403.27, subdivision 
179.16  1a. 
179.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
179.18     Sec. 24.  Laws 2004, chapter 201, section 22, is amended to 
179.19  read: 
179.20     Sec. 22.  [TRANSFER OF RESPONSIBILITIES.] 
179.21     On July 1, 2006 2005, the responsibilities of the 
179.22  Metropolitan Radio Board under Minnesota Statutes, sections 
179.23  403.21 to 403.34, that have not been assumed by the Metropolitan 
179.24  Radio Board as a regional radio board established under 
179.25  Minnesota Statutes, section 403.39, are transferred to the 
179.26  Statewide Radio Board under Minnesota Statutes, section 15.039.  
179.27  Contracts and obligations transferred to the Statewide Radio 
179.28  Board under this provision may be assigned to the commissioner 
179.29  of public safety or the commissioner of transportation to be 
179.30  administered consistent with Minnesota Statutes, section 403.36, 
179.31  and the statewide, shared public safety radio and communication 
179.32  plan provided for therein. 
179.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
179.34     Sec. 25.  [REPEALER.] 
179.35     Minnesota Statutes 2004, sections 403.025, subdivision 4; 
179.36  and 403.30, subdivision 2, are repealed. 
180.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
180.2                              ARTICLE 11
180.3                        LAW ENFORCEMENT POLICY
180.4      Section 1.  Minnesota Statutes 2004, section 299A.38, 
180.5   subdivision 2, is amended to read: 
180.6      Subd. 2.  [STATE AND LOCAL REIMBURSEMENT.] Peace officers 
180.7   and heads of local law enforcement agencies who buy vests for 
180.8   the use of peace officer employees may apply to the commissioner 
180.9   for reimbursement of funds spent to buy vests.  On approving an 
180.10  application for reimbursement, the commissioner shall pay the 
180.11  applicant an amount equal to the lesser of one-half of the 
180.12  vest's purchase price or $300 $600, as adjusted according to 
180.13  subdivision 2a.  The political subdivision that employs the 
180.14  peace officer shall pay at least the lesser of one-half of the 
180.15  vest's purchase price or $300 $600, as adjusted according to 
180.16  subdivision 2a.  The political subdivision may not deduct or pay 
180.17  its share of the vest's cost from any clothing, maintenance, or 
180.18  similar allowance otherwise provided to the peace officer by the 
180.19  law enforcement agency. 
180.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
180.21  following final enactment. 
180.22     Sec. 2.  Minnesota Statutes 2004, section 299A.38, 
180.23  subdivision 2a, is amended to read: 
180.24     Subd. 2a.  [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 
180.25  1, 1997 2006, the commissioner of public safety shall adjust 
180.26  the $300 $600 reimbursement amounts specified in subdivision 2, 
180.27  and in each subsequent year, on October 1, the commissioner 
180.28  shall adjust the reimbursement amount applicable immediately 
180.29  preceding that October 1 date.  The adjusted rate must reflect 
180.30  the annual percentage change in the Consumer Price Index for all 
180.31  urban consumers, published by the federal Bureau of Labor 
180.32  Statistics, occurring in the one-year period ending on the 
180.33  preceding June 1. 
180.34     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
180.35  following final enactment. 
180.36     Sec. 3.  Minnesota Statutes 2004, section 299A.38, 
181.1   subdivision 3, is amended to read: 
181.2      Subd. 3.  [ELIGIBILITY REQUIREMENTS.] (a) Only vests that 
181.3   either meet or exceed the requirements of standard 0101.03 of 
181.4   the National Institute of Justice or that meet or exceed the 
181.5   requirements of that standard, except wet armor conditioning, 
181.6   are eligible for reimbursement. 
181.7      (b) Eligibility for reimbursement is limited to vests 
181.8   bought after December 31, 1986, by or for peace officers (1) who 
181.9   did not own a vest meeting the requirements of paragraph (a) 
181.10  before the purchase, or (2) who owned a vest that was at least 
181.11  six five years old. 
181.12     (c) The requirement set forth in paragraph (b), clauses (1) 
181.13  and (2), shall not apply to any peace officer who purchases a 
181.14  vest constructed from a zylon-based material, provided that the 
181.15  peace officer provides proof of purchase or possession of the 
181.16  vest prior to July 1, 2005. 
181.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
181.18  following final enactment. 
181.19     Sec. 4.  [299A.641] [GANG AND DRUG OVERSIGHT COUNCIL.] 
181.20     Subdivision 1.  [OVERSIGHT COUNCIL ESTABLISHED.] The Gang 
181.21  and Drug Oversight Council is established to provide guidance 
181.22  related to the investigation and prosecution of gang and drug 
181.23  crime. 
181.24     Subd. 2.  [MEMBERSHIP.] The oversight council shall consist 
181.25  of the following individuals or their designees: 
181.26     (1) the director of the office of special investigations, 
181.27  as the representative of the commissioner of corrections; 
181.28     (2) the superintendent of the Bureau of Criminal 
181.29  Apprehension as the representative of the commissioner of public 
181.30  safety; 
181.31     (3) the attorney general; 
181.32     (4) eight chiefs of police, selected by the Minnesota 
181.33  Chiefs of Police Association, two of which must be selected from 
181.34  cities with populations greater than 200,000; 
181.35     (5) eight sheriffs, selected by the Minnesota Sheriffs 
181.36  Association to represent each district, two of which must be 
182.1   selected from counties with populations greater than 500,000; 
182.2      (6) the United States attorney for the district of 
182.3   Minnesota; 
182.4      (7) two county attorneys, selected by the Minnesota County 
182.5   Attorneys Association; 
182.6      (8) a command-level representative of a gang strike force; 
182.7      (9) a representative from a drug task force, selected by 
182.8   the Minnesota State Association of Narcotics Investigators; 
182.9      (10) a representative from the United States Drug 
182.10  Enforcement Administration; 
182.11     (11) a representative from the United States Bureau of 
182.12  Alcohol, Tobacco, and Firearms; 
182.13     (12) a representative from the Federal Bureau of 
182.14  Investigation; 
182.15     (13) a tribal peace officer, selected by the Minnesota 
182.16  Tribal Law Enforcement Association; and 
182.17     (14) two additional members who may be selected by the 
182.18  oversight council. 
182.19  The oversight council may adopt procedures to govern its conduct 
182.20  as necessary and may select a chair from among its members. 
182.21     Subd. 3.  [OVERSIGHT COUNCIL'S DUTIES.] The oversight 
182.22  council shall develop an overall strategy to ameliorate the harm 
182.23  caused to the public by gang and drug crime within the state of 
182.24  Minnesota.  This strategy may include the development of 
182.25  protocols and procedures to investigate gang and drug crime and 
182.26  a structure for best addressing these issues in a 
182.27  multijurisdictional manner.  Additionally, the oversight council 
182.28  shall: 
182.29     (1) identify and recommend a candidate or candidates for 
182.30  statewide coordinator to the commissioner of public safety; 
182.31     (2) establish multijurisdictional task forces and strike 
182.32  forces to combat gang and drug crime, to include a metro gang 
182.33  strike force; 
182.34     (3) assist the Department of Public Safety in developing an 
182.35  objective grant review application process that is free from 
182.36  conflicts of interest; 
183.1      (4) make funding recommendations to the commissioner of 
183.2   public safety on grants to support efforts to combat gang and 
183.3   drug crime; 
183.4      (5) assist in developing a process to collect and share 
183.5   information to improve the investigation and prosecution of drug 
183.6   offenses; 
183.7      (6) develop and approve an operational budget for the 
183.8   office of the statewide coordinator and the oversight council; 
183.9   and 
183.10     (7) adopt criteria and identifying characteristics for use 
183.11  in determining whether individuals are or may be members of 
183.12  gangs involved in criminal activity. 
183.13     Subd. 4.  [STATEWIDE COORDINATOR.] The current gang strike 
183.14  force commander shall serve as a transition coordinator until 
183.15  July 1, 2006, at which time the commissioner of public safety 
183.16  shall appoint a statewide coordinator as recommended by the 
183.17  oversight council.  The coordinator serving in the unclassified 
183.18  service shall: 
183.19     (1) coordinate and monitor all multijurisdictional gang and 
183.20  drug enforcement activities; 
183.21     (2) facilitate local efforts and ensure statewide 
183.22  coordination with efforts to combat gang and drug crime; 
183.23     (3) facilitate training for personnel; 
183.24     (4) monitor compliance with investigative protocols; and 
183.25     (5) implement an outcome evaluation and data quality 
183.26  control process. 
183.27     Subd. 5.  [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 
183.28  participating law enforcement officers must be licensed peace 
183.29  officers as defined in section 626.84, subdivision 1, or 
183.30  qualified federal law enforcement officers as defined in section 
183.31  626.8453.  Participating officers remain employees of the same 
183.32  entity that employed them before joining any multijurisdictional 
183.33  entity established under this section.  Participating officers 
183.34  are not employees of the state. 
183.35     Subd. 6.  [JURISDICTION AND POWERS.] Law enforcement 
183.36  officers participating in any multijurisdictional entity 
184.1   established under this section have statewide jurisdiction to 
184.2   conduct criminal investigations and have the same powers of 
184.3   arrest as those possessed by a sheriff. 
184.4      Subd. 7.  [GRANTS AUTHORIZED.] The commissioner of public 
184.5   safety, upon recommendation of the council, may make grants to 
184.6   state and local units of government to combat gang and drug 
184.7   crime. 
184.8      Subd. 8.  [OVERSIGHT COUNCIL IS PERMANENT.] Notwithstanding 
184.9   section 15.059, this section does not expire. 
184.10     Subd. 9.  [FUNDING.] Participating agencies may accept 
184.11  lawful grants or contributions from any federal source or legal 
184.12  business or entity. 
184.13     Subd. 10.  [ROLE OF THE ATTORNEY GENERAL.] The attorney 
184.14  general or a designee shall generally advise on any matters that 
184.15  the oversight council deems appropriate. 
184.16     Subd. 11.  [ATTORNEY GENERAL; COMMUNITY LIAISON.] (a) The 
184.17  attorney general or a designee shall serve as a liaison between 
184.18  the oversight council and the councils created in sections 
184.19  3.922, 3.9223, 3.9225, and 3.9226.  The attorney general or 
184.20  designee will be responsible for: 
184.21     (1) informing the councils of the plans, activities, and 
184.22  decisions and hearing their reactions to those plans, 
184.23  activities, and decisions; and 
184.24     (2) providing the oversight council with the councils' 
184.25  position on the oversight council's plan, activities, and 
184.26  decisions. 
184.27     (b) In no event is the oversight council required to 
184.28  disclose the names of individuals identified by it to the 
184.29  councils referenced in this subdivision. 
184.30     (c) Nothing in this subdivision changes the data 
184.31  classification of any data held by the oversight council. 
184.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
184.33     Sec. 5.  [299A.681] [MINNESOTA FINANCIAL CRIMES OVERSIGHT 
184.34  COUNCIL.] 
184.35     Subdivision 1.  [OVERSIGHT COUNCIL ESTABLISHED.] The 
184.36  Minnesota Financial Crimes Oversight Council is established to 
185.1   provide guidance related to the investigation and prosecution of 
185.2   identity theft and financial crime. 
185.3      Subd. 2.  [MEMBERSHIP.] The council shall consist of the 
185.4   following individuals or their designees: 
185.5      (1) the commissioner of public safety; 
185.6      (2) the attorney general; 
185.7      (3) two chiefs of police, selected by the Minnesota Chiefs 
185.8   of Police Association from police departments which participate 
185.9   in the Minnesota Financial Crimes Task Force; 
185.10     (4) two sheriffs, selected by the Minnesota Sheriffs 
185.11  Association from sheriff departments which participate in the 
185.12  Minnesota Financial Crimes Task Force; 
185.13     (5) the United States attorney for the district of 
185.14  Minnesota; 
185.15     (6) one county attorney, selected by the Minnesota County 
185.16  Attorneys Association; 
185.17     (7) a representative from the United States Postal 
185.18  Inspector's Office; 
185.19     (8) a representative from a not-for-profit retail merchants 
185.20  industry; 
185.21     (9) a representative from a not-for-profit banking and 
185.22  credit union industry; 
185.23     (10) a representative from a not-for-profit association 
185.24  representing senior citizens; 
185.25     (11) the statewide commander described in subdivision 4; 
185.26     (12) a representative from the Board of Public Defense; and 
185.27     (13) two additional members who shall be selected by the 
185.28  council. 
185.29  The council may adopt procedures to govern its conduct as 
185.30  necessary and shall select a chair from among its members. 
185.31     Subd. 3.  [DUTIES.] The council shall develop an overall 
185.32  strategy to ameliorate the harm caused to the public by identity 
185.33  theft and financial crime within the state of Minnesota.  This 
185.34  strategy may include the development of protocols and procedures 
185.35  to investigate financial crimes and a structure for best 
185.36  addressing these issues in a multijurisdictional manner.  
186.1   Additionally, the council shall: 
186.2      (1) establish a multijurisdictional statewide Minnesota 
186.3   Financial Crimes Task Force to investigate major financial 
186.4   crimes; 
186.5      (2) choose a statewide commander who shall serve at the 
186.6   pleasure of the council; 
186.7      (3) assist the Department of Public Safety in developing an 
186.8   objective grant application and review process that is free from 
186.9   conflicts of interest; 
186.10     (4) make funding recommendations to the commissioner of 
186.11  public safety on grants to support efforts to combat identity 
186.12  theft and financial crime; 
186.13     (5) assist in developing a process to collect and share 
186.14  information to improve the investigation and prosecution of 
186.15  identity theft and financial crime; 
186.16     (6) develop and approve an operational budget for the 
186.17  office of the statewide commander and the council; 
186.18     (7) establish fiscal procedures with the Department of 
186.19  Public Safety on funding disbursements and allocation procedures 
186.20  for approved council and task force operations and grants which 
186.21  are funded under assessment fees collected in subdivision 9; and 
186.22     (8) enter into such contracts as necessary to establish and 
186.23  maintain a relationship with the retailers, financial 
186.24  institutions, and other businesses to deal effectively with 
186.25  identity theft and financial crime. 
186.26     The task force described in clause (1) may consist of 
186.27  members from local law enforcement agencies, federal law 
186.28  enforcement agencies, state and federal prosecutor offices, the 
186.29  Board of Public Defense, and representatives from elderly 
186.30  victims, retail, and financial institutions as described in 
186.31  subdivision 2, clauses (8), (9), and (10). 
186.32     Subd. 4.  [STATEWIDE COMMANDER.] The current task force 
186.33  commander serving under section 299A.68 shall transition the 
186.34  current task force and remain in place as commander under the 
186.35  council until July 1, 2008, at which time the commissioner of 
186.36  public safety, upon the recommendation of the council, shall 
187.1   appoint a statewide commander as chosen by the council.  The 
187.2   commander serving in the unclassified service shall: 
187.3      (1) coordinate and monitor all multijurisdictional identity 
187.4   theft and financial crime enforcement activities; 
187.5      (2) facilitate local efforts and ensure statewide 
187.6   coordination with efforts to combat identity theft and financial 
187.7   crime; 
187.8      (3) facilitate training for personnel; 
187.9      (4) monitor compliance with investigative protocols; 
187.10     (5) implement an outcome evaluation and data quality 
187.11  control process; 
187.12     (6) be responsible for selection and removal for cause of 
187.13  assigned task force investigators who are designated 
187.14  participants under a memorandum of understanding and/or who 
187.15  receive grant funding; 
187.16     (7) provide supervision of task force investigators 
187.17  assigned; 
187.18     (8) submit a task force operational budget to the council 
187.19  for approval; and 
187.20     (9) submit quarterly task force activity reports to the 
187.21  council. 
187.22     Subd. 5.  [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 
187.23  law enforcement officers selected to participate in the 
187.24  Minnesota Financial Crimes Task Force must be licensed peace 
187.25  officers as defined in section 626.84, subdivision 1, or 
187.26  qualified federal law enforcement officers as defined in section 
187.27  626.8453.  Participating officers remain employees of the same 
187.28  entity that employed them before joining any multijurisdictional 
187.29  entity established under this section.  Participating officers 
187.30  are not employees of the state. 
187.31     Subd. 6.  [JURISDICTION AND POWERS.] Law enforcement 
187.32  officers participating in any multijurisdictional entity 
187.33  established under this section have statewide jurisdiction to 
187.34  conduct criminal investigations and have the same powers of 
187.35  arrest as those possessed by a sheriff.  The task force shall 
187.36  retain the assigned originating reporting number for case 
188.1   reporting purposes according to section 299A.68 and transferred 
188.2   to this section effective July 1, 2005. 
188.3      Subd. 7.  [GRANTS AUTHORIZED.] The commissioner of public 
188.4   safety, upon recommendation of the council, shall make grants to 
188.5   state and local units of government to combat identity theft and 
188.6   financial crime.  The commander, as funding permits, may prepare 
188.7   a budget to establish four regional districts and funding grant 
188.8   allocations programs outside the counties of Hennepin, Ramsey, 
188.9   Anoka, Washington, and Dakota.  The budget shall be reviewed and 
188.10  approved by the council and recommended to the commissioner of 
188.11  public safety to support these efforts.  The council account 
188.12  shall be transferred on or before each fiscal accounting 
188.13  calendar quarter during each year on a recurring basis to its 
188.14  fiscal agent under subdivision 3, clause (7). 
188.15     Subd. 8.  [VICTIMS' ASSISTANCE PROGRAM.] (a) The council 
188.16  may establish a victims' assistance program to assist victims of 
188.17  economic crimes and provide prevention and awareness programs.  
188.18  The council may retain outside services of not-for-profit 
188.19  organizations to assist in the development of delivery systems 
188.20  to aid victims of financial crimes.  Services to victims shall 
188.21  not include any financial assistance to victims, but are limited 
188.22  to helping victims obtain police assistance and giving direction 
188.23  to victims for protecting personal accounts and identities.  
188.24  Services include a victim 1-800 number, facsimile number, Web 
188.25  site, telephone service Monday through Friday, e-mail response, 
188.26  and interfaces to other helpful Web sites.  Information about 
188.27  victims gathered by the victim task force assistance program 
188.28  shall be covered by the Data Privacy Act under chapter 13. 
188.29     (b) The council may post or communicate through public 
188.30  service announcements in newspapers, radio, television, cable 
188.31  access, billboards, Internet, Web sites, and other normal 
188.32  advertising channels a financial reward of up to $2,000 for tips 
188.33  leading to the apprehension and successful prosecution of 
188.34  individuals committing economic crimes.  All rewards must meet 
188.35  the Minnesota Financial Crimes Oversight Council standards.  The 
188.36  release of funds shall be made to an individual whose 
189.1   information leads to the apprehension and prosecution of 
189.2   offenders committing economic or financial crimes against 
189.3   citizens or businesses in the state of Minnesota.  All rewards 
189.4   paid to an individual shall be reported to the Department of 
189.5   Revenue along with the individual's Social Security number. 
189.6      Subd. 9.  [COUNCIL AND TASK FORCE ARE PERMANENT.] 
189.7   Notwithstanding section 15.059, this section does not expire. 
189.8      Subd. 10.  [FUNDING.] The Minnesota Financial Crimes 
189.9   Oversight Council may accept lawful grants and in-kind 
189.10  contributions from any federal source or legal business or 
189.11  individual not funded by this section for general operation 
189.12  support, including personnel costs.  These grants or in-kind 
189.13  contributions are not to be directed toward the case of a 
189.14  particular victim or business.  The council fiscal agent shall 
189.15  handle all funds approved by the council including in-kind 
189.16  contributions. 
189.17     Subd. 11.  [FORFEITURE.] Property seized by the task force 
189.18  established by the council is subject to forfeiture pursuant to 
189.19  sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership 
189.20  cannot be established.  The council shall receive the proceeds 
189.21  from the sale of all property that it properly seizes and that 
189.22  is forfeited. 
189.23     Subd. 12.  [TRANSFER EQUIPMENT FROM CURRENT MINNESOTA 
189.24  FINANCIAL CRIMES TASK FORCE.] All current equipment shall be 
189.25  transferred from the Minnesota Financial Crimes Task Force 
189.26  established under section 299A.68 to the Minnesota Financial 
189.27  Crimes Oversight Council established under this section for use 
189.28  by the Minnesota Financial Crimes Task Force formed under this 
189.29  section, effective July 1, 2005.  
189.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
189.31     Sec. 6.  [299A.78] [STATEWIDE HUMAN TRAFFICKING 
189.32  ASSESSMENT.] 
189.33     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
189.34  299A.78 to 299A.795, the following definitions apply: 
189.35     (a) "Commissioner" means the commissioner of the Department 
189.36  of Public Safety. 
190.1      (b) "Nongovernmental organizations" means nonprofit, 
190.2   nongovernmental organizations that provide legal, social, or 
190.3   other community services. 
190.4      (c) "Blackmail" means a threat to expose any fact or 
190.5   alleged fact tending to cause shame or to subject any person to 
190.6   hatred, contempt, or ridicule. 
190.7      (d) "Debt bondage" means the status or condition of a 
190.8   debtor arising from a pledge by the debtor of the debtor's 
190.9   personal services or those of a person under the debtor's 
190.10  control as a security for debt, if the value of those services 
190.11  as reasonably assessed is not applied toward the liquidation of 
190.12  the debt or the length and nature of those services are not 
190.13  respectively limited and defined. 
190.14     (e) "Forced labor or services" means labor or services that 
190.15  are performed or provided by another person and are obtained or 
190.16  maintained through an actor's: 
190.17     (1) threat, either implicit or explicit, scheme, plan, or 
190.18  pattern, or other action intended to cause a person to believe 
190.19  that, if the person did not perform or provide the labor or 
190.20  services, that person or another person would suffer bodily harm 
190.21  or physical restraint; 
190.22     (2) physically restraining or threatening to physically 
190.23  restrain a person; 
190.24     (3) abuse or threatened abuse of the legal process; 
190.25     (4) knowingly destroying, concealing, removing, 
190.26  confiscating, or possessing any actual or purported passport or 
190.27  other immigration document, or any other actual or purported 
190.28  government identification document, of another person; or 
190.29     (5) use of blackmail.  
190.30     (f)  "Labor trafficking" means the recruitment, 
190.31  transportation, transfer, harboring, enticement, provision, 
190.32  obtaining, or receipt of a person by any means, whether a United 
190.33  States citizen or foreign national, for the purpose of: 
190.34     (1) debt bondage or forced labor or services; 
190.35     (2) slavery or practices similar to slavery; or 
190.36     (3) the removal of organs through the use of coercion or 
191.1   intimidation. 
191.2      (g)  "Labor trafficking victim" means a person subjected to 
191.3   the practices in paragraph (f). 
191.4      (h)  "Sex trafficking" means receiving, recruiting, 
191.5   enticing, harboring, providing, or obtaining by any means an 
191.6   individual to aid in the prostitution of the individual.  
191.7      (i)  "Sex trafficking victim" means a person subjected to 
191.8   the practices in paragraph (h). 
191.9      (j) "Trafficking" includes "labor trafficking" as defined 
191.10  in paragraph (f) , and "sex trafficking" as defined in paragraph 
191.11  (h). 
191.12     (k) "Trafficking victim" includes "labor trafficking 
191.13  victim" as defined in paragraph (g), and "sex trafficking 
191.14  victim" as defined in paragraph (i). 
191.15     Subd. 2.  [GENERAL DUTIES.] The commissioner of public 
191.16  safety shall: 
191.17     (1) in cooperation with local authorities, collect, share, 
191.18  and compile trafficking data among government agencies to assess 
191.19  the nature and extent of trafficking in Minnesota; 
191.20     (2) analyze collected data to develop a plan to address and 
191.21  prevent trafficking; and 
191.22     (3) use its analyses to establish policies to enable state 
191.23  government to work with nongovernmental organizations to provide 
191.24  assistance to trafficking victims. 
191.25     Subd. 3.  [OUTSIDE SERVICES.] As provided for in section 
191.26  15.061, the commissioner of public safety may contract with 
191.27  professional or technical services in connection with the duties 
191.28  to be performed under sections 299A.785 to 299A.795.  The 
191.29  commissioner may also contract with other outside organizations 
191.30  to assist with the duties to be performed under sections 
191.31  299A.785 to 299A.795. 
191.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
191.33     Sec. 7.  [299A.785] [TRAFFICKING STUDY.] 
191.34     Subdivision 1.  [INFORMATION TO BE COLLECTED.] The 
191.35  commissioner shall elicit the cooperation and assistance of 
191.36  government agencies and nongovernmental organizations as 
192.1   appropriate to assist in the collection of trafficking data.  
192.2   The commissioner shall direct the appropriate authorities in 
192.3   each agency and organization to make best efforts to collect 
192.4   information relevant to tracking progress on trafficking.  The 
192.5   information to be collected may include, but is not limited to: 
192.6      (1) the numbers of arrests, prosecutions, and successful 
192.7   convictions of traffickers and those committing trafficking 
192.8   related crimes, including, but not limited to, the following 
192.9   offenses:  609.27, coercion; 609.322, solicitation of 
192.10  prostitution; 609.324, other prostitution crimes; 609.33, 
192.11  disorderly house; 609.352, solicitation of a child; and 617.245 
192.12  and 617.246, use of minors in sexual performance; 
192.13     (2) statistics on the number of trafficking victims, 
192.14  including demographics, method of recruitment, and method of 
192.15  discovery; 
192.16     (3) trafficking routes and patterns, states or country of 
192.17  origin, transit states or countries; 
192.18     (4) method of transportation, motor vehicles, aircraft, 
192.19  watercraft, or by foot if any transportation took place; and 
192.20     (5) social factors that contribute to and foster 
192.21  trafficking, especially trafficking of women and children. 
192.22     Subd. 2.  [REPORT AND ANNUAL PUBLICATION.] (a) By September 
192.23  1, 2006, the commissioner of public safety shall report to the 
192.24  chairs of the senate and house of representatives committees and 
192.25  divisions having jurisdiction over criminal justice policy and 
192.26  funding a summary of its findings.  This report shall include, 
192.27  to the extent possible, the information to be collected in 
192.28  subdivision 1 and any other information the commissioner finds 
192.29  relevant to the issue of trafficking in Minnesota. 
192.30     (b) The commissioner shall gather, compile, and publish 
192.31  annually statistical data on the extent and nature of 
192.32  trafficking in Minnesota.  This annual publication shall be 
192.33  available to the public and include, to the extent possible, the 
192.34  information to be collected in subdivision 1 and any other 
192.35  information the commissioner finds relevant to the issue of 
192.36  trafficking in Minnesota. 
193.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
193.2      Sec. 8.  [299A.79] [TRAFFICKING ANALYSIS AND INITIATIVES.] 
193.3      Subdivision 1.  [DATA ANALYSIS.] The commissioner shall 
193.4   analyze the data collected in section 299A.785 to develop and 
193.5   carry out a plan to address current trafficking and prevent 
193.6   future trafficking in Minnesota.  The commissioner may evaluate 
193.7   various approaches used by other state and local governments to 
193.8   address trafficking.  The plan shall include, but not be limited 
193.9   to, the following initiatives: 
193.10     (1) training agencies, organizations, and officials 
193.11  involved in law enforcement, prosecution, and social services; 
193.12     (2) increasing public awareness of trafficking; and 
193.13     (3) establishing procedures to enable the state government 
193.14  to work with nongovernmental organizations to prevent 
193.15  trafficking. 
193.16     Subd. 2.  [TRAINING INITIATIVES.] (a) The commissioner 
193.17  shall provide and strengthen training for law enforcement, 
193.18  prosecutors, social services, and other relevant officials in 
193.19  addressing trafficking.  The training shall include: 
193.20     (1) methods used in identifying trafficking victims, 
193.21  including preliminary interview techniques and appropriate 
193.22  interrogation methods; 
193.23     (2) methods for prosecuting traffickers; 
193.24     (3) methods for protecting the rights of trafficking 
193.25  victims, taking into account the need to consider human rights 
193.26  and special needs of women and children trafficking victims; and 
193.27     (4) methods for promoting the safety of trafficking victims.
193.28     (b) Once created and as updated, the commissioner shall 
193.29  provide training plans and materials associated with paragraph 
193.30  (a) to the Board of Peace Officer Standards and Training. 
193.31     Subd. 3.  [AWARENESS INITIATIVES.] (a) The commissioner 
193.32  shall, in cooperation with appropriate nongovernmental 
193.33  organizations, establish public awareness programs designed to 
193.34  educate persons at risk of trafficking and their families of the 
193.35  risks of victimization.  The programs shall include, but not be 
193.36  limited to, information on the following subjects: 
194.1      (1) the risks of becoming a trafficking victim, including: 
194.2      (i) common recruitment techniques, such as use of debt 
194.3   bondage, blackmail, forced labor and services, prostitution, and 
194.4   other coercive tactics; and 
194.5      (ii) the risks of assault, criminal sexual conduct, 
194.6   exposure to sexually transmitted diseases, and psychological 
194.7   harm; 
194.8      (2) crime victims' rights in Minnesota; and 
194.9      (3) methods for reporting recruitment activities involved 
194.10  in trafficking. 
194.11     (b) The commissioner shall, in cooperation with appropriate 
194.12  agencies and nongovernmental organizations, disseminate public 
194.13  awareness materials to educate the public on the extent of 
194.14  trafficking and to discourage the demand that fosters and leads 
194.15  to trafficking, in particular trafficking of women and children. 
194.16  These materials may include information on: 
194.17     (1) the impact of trafficking on victims; 
194.18     (2) the aggregate impact of trafficking worldwide and 
194.19  domestically; and 
194.20     (3) the criminal consequences of trafficking.  The 
194.21  materials may be disseminated by way of the following media:  
194.22  pamphlets, brochures, posters, advertisements in mass media, or 
194.23  any other appropriate methods. 
194.24     (c) Once created and as updated, the commissioner shall 
194.25  provide samples of the materials disseminated under paragraph 
194.26  (b) to the Department of Public Safety's office of justice 
194.27  program. 
194.28     Subd. 4.  [ANNUAL EVALUATION.] The commissioner shall 
194.29  evaluate its training and awareness initiatives annually to 
194.30  ensure their effectiveness. 
194.31     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
194.32     Sec. 9.  [299A.795] [TRAFFICKING VICTIM ASSISTANCE.] 
194.33     (a) The commissioner shall establish policies to enable 
194.34  state government to work with nongovernmental organizations to 
194.35  provide assistance to trafficking victims. 
194.36     (b) The commissioner may review the existing services and 
195.1   facilities to meet trafficking victims' needs and recommend a 
195.2   plan that would coordinate such services, including, but not 
195.3   limited to: 
195.4      (1) medical and mental health services; 
195.5      (2) housing; 
195.6      (3) education and job training; 
195.7      (4) English as a second language; 
195.8      (5) interpreting services; 
195.9      (6) legal and immigration services; and 
195.10     (7) victim compensation. 
195.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
195.12     Sec. 10.  Minnesota Statutes 2004, section 299C.10, 
195.13  subdivision 1, is amended to read: 
195.14     Subdivision 1.  [REQUIRED FINGERPRINTING.] (a) Sheriffs, 
195.15  peace officers, and community corrections agencies operating 
195.16  secure juvenile detention facilities shall take or cause to be 
195.17  taken immediately finger and thumb prints, photographs, 
195.18  distinctive physical mark identification data, information on 
195.19  any known aliases or street names, and other identification data 
195.20  requested or required by the superintendent of the bureau, of 
195.21  the following: 
195.22     (1) persons arrested for, appearing in court on a charge 
195.23  of, or convicted of a felony, gross misdemeanor, or targeted 
195.24  misdemeanor; 
195.25     (2) juveniles arrested for, appearing in court on a charge 
195.26  of, adjudicated delinquent for, or alleged to have committed 
195.27  felonies or gross misdemeanors as distinguished from those 
195.28  committed by adult offenders; 
195.29     (3) persons reasonably believed by the arresting officer to 
195.30  be fugitives from justice; 
195.31     (4) persons in whose possession, when arrested, are found 
195.32  concealed firearms or other dangerous weapons, burglar tools or 
195.33  outfits, high-power explosives, or articles, machines, or 
195.34  appliances usable for an unlawful purpose and reasonably 
195.35  believed by the arresting officer to be intended for such 
195.36  purposes; and 
196.1      (5) juveniles referred by a law enforcement agency to a 
196.2   diversion program for a felony or gross misdemeanor offense; and 
196.3      (6) persons currently involved in the criminal justice 
196.4   process, on probation, on parole, or in custody for the offenses 
196.5   in suspense whom the superintendent of the bureau identifies as 
196.6   being the subject of a court disposition record which cannot be 
196.7   linked to an arrest record, and whose fingerprints are necessary 
196.8   in order to maintain and ensure the accuracy of the bureau's 
196.9   criminal history files, to reduce the number of suspense files, 
196.10  or to comply with the mandates of section 299C.111, relating to 
196.11  the reduction of the number of suspense files.  This duty to 
196.12  obtain fingerprints for the offenses in suspense at the request 
196.13  of the bureau shall include the requirement that fingerprints be 
196.14  taken in post-arrest interviews; while making court appearances; 
196.15  while in custody; or while on any form of probation, diversion, 
196.16  or supervised release. 
196.17     (b) Unless the superintendent of the bureau requires a 
196.18  shorter period, within 24 hours the fingerprint records and 
196.19  other identification data specified under paragraph (a) must be 
196.20  forwarded to the bureau on such forms and in such manner as may 
196.21  be prescribed by the superintendent. 
196.22     (c) Prosecutors, courts, and probation officers and their 
196.23  agents, employees, and subordinates, shall attempt to ensure 
196.24  that the required identification data is taken on a person 
196.25  described in paragraph (a).  Law enforcement may take 
196.26  fingerprints of an individual who is presently on probation.  
196.27     (d) For purposes of this section, a targeted misdemeanor is 
196.28  a misdemeanor violation of section 169A.20 (driving while 
196.29  impaired), 518B.01 (order for protection violation), 609.224 
196.30  (fifth degree assault), 609.2242 (domestic assault), 609.746 
196.31  (interference with privacy), 609.748 (harassment or restraining 
196.32  order violation), or 617.23 (indecent exposure). 
196.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
196.34     Sec. 11.  Minnesota Statutes 2004, section 299C.10, is 
196.35  amended by adding a subdivision to read: 
196.36     Subd. 1a.  [COURT DISPOSITION RECORD IN SUSPENSE; 
197.1   FINGERPRINTING.] The superintendent of the bureau shall inform a 
197.2   prosecuting authority that a person prosecuted by that authority 
197.3   is the subject of a court disposition record in suspense which 
197.4   requires fingerprinting under this section.  Upon being notified 
197.5   by the superintendent or otherwise learning of the suspense 
197.6   status of a court disposition record, any prosecuting authority 
197.7   may bring a motion in district court to compel the taking of the 
197.8   person's fingerprints upon a showing to the court that the 
197.9   person is the subject of the court disposition record in 
197.10  suspense. 
197.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
197.12     Sec. 12.  Minnesota Statutes 2004, section 299C.14, is 
197.13  amended to read: 
197.14     299C.14 [INFORMATION ON RELEASED PRISONER.] 
197.15     It shall be the duty of the officials having charge of the 
197.16  penal institutions of the state or the release of prisoners 
197.17  therefrom to furnish to the bureau, as the superintendent may 
197.18  require, finger and thumb prints, photographs, distinctive 
197.19  physical mark identification data, other identification data, 
197.20  modus operandi reports, and criminal records of prisoners 
197.21  heretofore, now, or hereafter confined in such penal 
197.22  institutions, together with the period of their service and the 
197.23  time, terms, and conditions of their discharge.  This duty to 
197.24  furnish information includes, but is not limited to, requests 
197.25  for fingerprints as the superintendent of the bureau deems 
197.26  necessary to maintain and ensure the accuracy of the bureau's 
197.27  criminal history files, to reduce the number of suspense files, 
197.28  or to comply with the mandates of section 299C.111 relating to 
197.29  the reduction of the number of suspense files where a 
197.30  disposition record is received that cannot be linked to an 
197.31  arrest record. 
197.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
197.33     Sec. 13.  Minnesota Statutes 2004, section 299C.145, 
197.34  subdivision 3, is amended to read: 
197.35     Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only law 
197.36  enforcement criminal justice agencies, as defined in section 
198.1   299C.46, subdivision 2, may submit data to and obtain data from 
198.2   the distinctive physical mark identification system. 
198.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
198.4      Sec. 14.  Minnesota Statutes 2004, section 299C.65, 
198.5   subdivision 1, is amended to read: 
198.6      Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The Criminal and 
198.7   Juvenile Justice Information Policy Group consists of the 
198.8   commissioner of corrections, the commissioner of public safety, 
198.9   the commissioner of administration, the commissioner of finance, 
198.10  and four members of the judicial branch appointed by the chief 
198.11  justice of the Supreme Court, the chief administrator of the 
198.12  Board of Public Defense, and the chair, the first vice chair, 
198.13  and two additional members of the Criminal and Juvenile Justice 
198.14  Information Task Force.  The two additional members of the task 
198.15  force must be elected officials, and one must have been selected 
198.16  by the League of Minnesota Cities and the other by the Minnesota 
198.17  Association of Counties.  The policy group may appoint 
198.18  additional, nonvoting members as necessary from time to time. 
198.19     (b) The commissioner of public safety is designated as the 
198.20  chair of the policy group.  The commissioner and the policy 
198.21  group have overall responsibility for the successful completion 
198.22  of statewide criminal justice information system integration 
198.23  (CriMNet).  The policy group may hire a program manager an 
198.24  executive director to manage the CriMNet projects and to be 
198.25  responsible for the day-to-day operations of CriMNet.  The 
198.26  executive director shall serve at the pleasure of the policy 
198.27  group in unclassified service.  The policy group must ensure 
198.28  that generally accepted project management techniques are 
198.29  utilized for each CriMNet project, including: 
198.30     (1) clear sponsorship; 
198.31     (2) scope management; 
198.32     (3) project planning, control, and execution; 
198.33     (4) continuous risk assessment and mitigation; 
198.34     (5) cost management; 
198.35     (6) quality management reviews; 
198.36     (7) communications management; and 
199.1      (8) proven methodology; and 
199.2      (9) education and training. 
199.3      (c) Products and services for CriMNet project management, 
199.4   system design, implementation, and application hosting must be 
199.5   acquired using an appropriate procurement process, which 
199.6   includes: 
199.7      (1) a determination of required products and services; 
199.8      (2) a request for proposal development and identification 
199.9   of potential sources; 
199.10     (3) competitive bid solicitation, evaluation, and 
199.11  selection; and 
199.12     (4) contract administration and close-out. 
199.13     (d) The policy group shall study and make recommendations 
199.14  to the governor, the Supreme Court, and the legislature on:  
199.15     (1) a framework for integrated criminal justice information 
199.16  systems, including the development and maintenance of a 
199.17  community data model for state, county, and local criminal 
199.18  justice information; 
199.19     (2) the responsibilities of each entity within the criminal 
199.20  and juvenile justice systems concerning the collection, 
199.21  maintenance, dissemination, and sharing of criminal justice 
199.22  information with one another; 
199.23     (3) actions necessary to ensure that information maintained 
199.24  in the criminal justice information systems is accurate and 
199.25  up-to-date; 
199.26     (4) the development of an information system containing 
199.27  criminal justice information on gross misdemeanor-level and 
199.28  felony-level juvenile offenders that is part of the integrated 
199.29  criminal justice information system framework; 
199.30     (5) the development of an information system containing 
199.31  criminal justice information on misdemeanor arrests, 
199.32  prosecutions, and convictions that is part of the integrated 
199.33  criminal justice information system framework; 
199.34     (6) comprehensive training programs and requirements for 
199.35  all individuals in criminal justice agencies to ensure the 
199.36  quality and accuracy of information in those systems; 
200.1      (7) continuing education requirements for individuals in 
200.2   criminal justice agencies who are responsible for the 
200.3   collection, maintenance, dissemination, and sharing of criminal 
200.4   justice data; 
200.5      (8) a periodic audit process to ensure the quality and 
200.6   accuracy of information contained in the criminal justice 
200.7   information systems; 
200.8      (9) the equipment, training, and funding needs of the state 
200.9   and local agencies that participate in the criminal justice 
200.10  information systems; 
200.11     (10) the impact of integrated criminal justice information 
200.12  systems on individual privacy rights; 
200.13     (11) the impact of proposed legislation on the criminal 
200.14  justice system, including any fiscal impact, need for training, 
200.15  changes in information systems, and changes in processes; 
200.16     (12) the collection of data on race and ethnicity in 
200.17  criminal justice information systems; 
200.18     (13) the development of a tracking system for domestic 
200.19  abuse orders for protection; 
200.20     (14) processes for expungement, correction of inaccurate 
200.21  records, destruction of records, and other matters relating to 
200.22  the privacy interests of individuals; and 
200.23     (15) the development of a database for extended 
200.24  jurisdiction juvenile records and whether the records should be 
200.25  public or private and how long they should be retained.  
200.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
200.27     Sec. 15.  Minnesota Statutes 2004, section 299C.65, 
200.28  subdivision 2, is amended to read: 
200.29     Subd. 2.  [REPORT, TASK FORCE.] (a) The policy group shall 
200.30  file an annual report with the governor, Supreme Court, and 
200.31  chairs and ranking minority members of the senate and house 
200.32  committees and divisions with jurisdiction over criminal justice 
200.33  funding and policy by December 1 of each year.  
200.34     (b) The report must make recommendations concerning any 
200.35  legislative changes or appropriations that are needed to ensure 
200.36  that the criminal justice information systems operate accurately 
201.1   and efficiently.  To assist them in developing their 
201.2   recommendations, The policy group shall appoint a task force 
201.3   consisting to assist them in their duties.  The task force shall 
201.4   monitor, review, and report to the policy group on 
201.5   CriMNet-related projects and provide oversight to ongoing 
201.6   operations as directed by the policy group.  The task force 
201.7   shall consist of its members or their designees and the 
201.8   following additional members:  
201.9      (1) the director of the Office of Strategic and Long-Range 
201.10  Planning; 
201.11     (2) two sheriffs recommended by the Minnesota Sheriffs 
201.12  Association; 
201.13     (3) (2) two police chiefs recommended by the Minnesota 
201.14  Chiefs of Police Association; 
201.15     (4) (3) two county attorneys recommended by the Minnesota 
201.16  County Attorneys Association; 
201.17     (5) (4) two city attorneys recommended by the Minnesota 
201.18  League of Cities; 
201.19     (6) (5) two public defenders appointed by the Board of 
201.20  Public Defense; 
201.21     (7) (6) two district judges appointed by the Conference of 
201.22  Chief Judges, one of whom is currently assigned to the juvenile 
201.23  court; 
201.24     (8) (7) two community corrections administrators 
201.25  recommended by the Minnesota Association of Counties, one of 
201.26  whom represents a community corrections act county; 
201.27     (9) (8) two probation officers; 
201.28     (10) (9) four public members, one of whom has been a victim 
201.29  of crime, and two who are representatives of the private 
201.30  business community who have expertise in integrated information 
201.31  systems; 
201.32     (11) (10) two court administrators; 
201.33     (12) (11) one member of the house of representatives 
201.34  appointed by the speaker of the house; 
201.35     (13) (12) one member of the senate appointed by the 
201.36  majority leader; 
202.1      (14) (13) the attorney general or a designee; 
202.2      (15) the commissioner of administration or a designee; 
202.3      (16) (14) an individual two individuals recommended by the 
202.4   Minnesota League of Cities, one of whom works or resides in 
202.5   greater Minnesota and one of whom works or resides in the 
202.6   seven-county metropolitan area; and 
202.7      (17) (15) an individual two individuals recommended by the 
202.8   Minnesota Association of Counties, one of whom works or resides 
202.9   in greater Minnesota and one of whom works or resides in the 
202.10  seven-county metropolitan area; 
202.11     (16) the director of the Sentencing Guidelines Commission; 
202.12     (17) one member appointed by the commissioner of public 
202.13  safety; 
202.14     (18) one member appointed by the commissioner of 
202.15  corrections; 
202.16     (19) one member appointed by the commissioner of 
202.17  administration; and 
202.18     (20) one member appointed by the chief justice of the 
202.19  Supreme Court. 
202.20  In making these appointments, the appointing authority shall 
202.21  select members with expertise in integrated data systems or best 
202.22  practices.  The task force member selected by the League of 
202.23  Minnesota Cities and the member selected by the Minnesota 
202.24  Association of Counties who are also members of the policy group 
202.25  may each select an alternate to serve on the task force in their 
202.26  absence.  
202.27     (c) The commissioner of public safety may appoint 
202.28  additional, nonvoting members to the task force as necessary 
202.29  from time to time. 
202.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
202.31     Sec. 16.  Minnesota Statutes 2004, section 299C.65, is 
202.32  amended by adding a subdivision to read: 
202.33     Subd. 3a.  [REPORT.] The policy group, with the assistance 
202.34  of the task force, shall file an annual report with the 
202.35  governor, Supreme Court, and chairs and ranking minority members 
202.36  of the senate and house committees and divisions with 
203.1   jurisdiction over criminal justice funding and policy by January 
203.2   15 of each year.  The report must provide the following: 
203.3      (1) status and review of current integration efforts and 
203.4   projects; 
203.5      (2) recommendations concerning any legislative changes or 
203.6   appropriations that are needed to ensure that the criminal 
203.7   justice information systems operate accurately and efficiently; 
203.8   and 
203.9      (3) summary of the activities of the policy group and task 
203.10  force. 
203.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
203.12     Sec. 17.  Minnesota Statutes 2004, section 299C.65, 
203.13  subdivision 5, is amended to read: 
203.14     Subd. 5.  [REVIEW OF FUNDING AND GRANT REQUESTS.] (a) The 
203.15  Criminal and Juvenile Justice Information Policy Group shall 
203.16  review the funding requests for criminal justice information 
203.17  systems from state, county, and municipal government agencies.  
203.18  The policy group shall review the requests for compatibility to 
203.19  statewide criminal justice information system standards.  The 
203.20  review shall be forwarded to the chairs and ranking minority 
203.21  members of the house and senate committees and divisions with 
203.22  jurisdiction over criminal justice funding and policy. 
203.23     (b) The policy group shall also review funding requests for 
203.24  criminal justice information systems grants to be made by the 
203.25  commissioner of public safety as provided in this section.  
203.26  Within the limits of available appropriations, the commissioner 
203.27  of public safety shall make grants for projects that have been 
203.28  approved by the policy group. CriMNet program office, in 
203.29  consultation with the Criminal and Juvenile Justice Information 
203.30  Task Force and with the approval of the policy group, shall 
203.31  create the requirements for any grant request and determine the 
203.32  integration priorities for the grant period.  The CriMNet 
203.33  program office shall also review the requests submitted for 
203.34  compatibility to statewide criminal justice information systems 
203.35  standards. 
203.36     (c) If a funding request is for development of a 
204.1   comprehensive criminal justice information integration plan, the 
204.2   policy group shall ensure that the request contains the 
204.3   components specified in subdivision 6.  If a funding request is 
204.4   for implementation of a plan or other criminal justice 
204.5   information systems project, the policy group shall ensure that: 
204.6      (1) the government agency has adopted a comprehensive plan 
204.7   that complies with subdivision 6; 
204.8      (2) the request contains the components specified in 
204.9   subdivision 7; and 
204.10     (3) the request demonstrates that it is consistent with the 
204.11  government agency's comprehensive plan. The task force shall 
204.12  review funding requests for criminal justice information systems 
204.13  grants and make recommendations to the policy group.  The policy 
204.14  group shall review the recommendations of the task force and 
204.15  shall make a final recommendation for criminal justice 
204.16  information systems grants to be made by the commissioner of 
204.17  public safety.  Within the limits of available state 
204.18  appropriations and federal grants, the commissioner of public 
204.19  safety shall make grants for projects that have been recommended 
204.20  by the policy group. 
204.21     (d) The policy group may approve grants only if the 
204.22  applicant provides an appropriate share of matching funds as 
204.23  determined by the policy group to help pay up to one-half of the 
204.24  costs of the grant request.  The matching requirement must be 
204.25  constant for all counties.  The policy group shall adopt 
204.26  policies concerning the use of in-kind resources to satisfy the 
204.27  match requirement and the sources from which matching funds may 
204.28  be obtained.  Local operational or technology staffing costs may 
204.29  be considered as meeting this match requirement.  Each grant 
204.30  recipient shall certify to the policy group that it has not 
204.31  reduced funds from local, county, federal, or other sources 
204.32  which, in the absence of the grant, would have been made 
204.33  available to the grant recipient to improve or integrate 
204.34  criminal justice technology. 
204.35     (e) All grant recipients shall submit to the CriMNet 
204.36  program office all requested documentation including grant 
205.1   status, financial reports, and a final report evaluating how the 
205.2   grant funds improved the agency's criminal justice integration 
205.3   priorities.  The CriMNet program office shall establish the 
205.4   recipient's reporting dates at the time funds are awarded. 
205.5      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
205.6      Sec. 18.  Minnesota Statutes 2004, section 326.3384, 
205.7   subdivision 1, is amended to read: 
205.8      Subdivision 1.  [PROHIBITION.] No license holder or 
205.9   employee of a license holder shall, in a manner that implies 
205.10  that the person is an employee or agent of a governmental 
205.11  agency, display on a badge, identification card, emblem, 
205.12  vehicle, uniform, stationery, or in advertising for private 
205.13  detective or protective agent services: 
205.14     (1) the words "public safety," "police," "constable," 
205.15  "highway patrol," "state patrol," "sheriff," "trooper," or "law 
205.16  enforcement"; or 
205.17     (2) the name of a municipality, county, state, or of the 
205.18  United States, or any governmental subdivision thereof. 
205.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
205.20  following final enactment. 
205.21     Sec. 19.  [629.406] [MAINTENANCE OF BOOKING RECORDINGS.] 
205.22     When a law enforcement agency elects to produce an 
205.23  electronic recording of any portion of the arrest, booking, or 
205.24  testing process in connection with the arrest of a person, the 
205.25  agency must maintain the recording for a minimum of 30 days 
205.26  after the date the person was booked. 
205.27     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
205.28  following final enactment. 
205.29     Sec. 20.  [REPEALER.] 
205.30     (a) Minnesota Statutes 2004, sections 299A.64; 299A.65; and 
205.31  299A.66, are repealed. 
205.32     (b) Minnesota Statutes 2004, sections 299A.68; and 299C.65, 
205.33  subdivisions 3, 4, 6, 7, 8, 8a, and 9, are repealed. 
205.34     <b>[EFFECTIVE DATE.]</b> Paragraph (a) is effective January 1, 
205.35  2006.  Paragraph (b) is effective July 1, 2005. 
205.36                             ARTICLE 12 
206.1                            DNA COLLECTION
206.2      Section 1.  Minnesota Statutes 2004, section 13.6905, 
206.3   subdivision 17, is amended to read: 
206.4      Subd. 17.  [DNA EVIDENCE.] DNA identification data 
206.5   maintained by the Bureau of Criminal Apprehension are governed 
206.6   by section sections 299C.11 and 299C.155. 
206.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
206.8      Sec. 2.  Minnesota Statutes 2004, section 299C.03, is 
206.9   amended to read: 
206.10     299C.03 [SUPERINTENDENT; RULES.] 
206.11     The superintendent, with the approval of the commissioner 
206.12  of public safety, from time to time, shall make such rules and 
206.13  adopt such measures as the superintendent deems necessary, 
206.14  within the provisions and limitations of sections 299C.03 to 
206.15  299C.08, 299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 
206.16  299C.21, to secure the efficient operation of the bureau.  The 
206.17  bureau shall cooperate with the respective sheriffs, constables, 
206.18  marshals, police, and other peace officers of the state in the 
206.19  detection of crime and the apprehension of criminals throughout 
206.20  the state, and shall have the power to conduct such 
206.21  investigations as the superintendent, with the approval of the 
206.22  commissioner of public safety, may deem necessary to secure 
206.23  evidence which may be essential to the apprehension and 
206.24  conviction of alleged violators of the criminal laws of the 
206.25  state.  The various members of the bureau shall have and may 
206.26  exercise throughout the state the same powers of arrest 
206.27  possessed by a sheriff, but they shall not be employed to render 
206.28  police service in connection with strikes and other industrial 
206.29  disputes.  
206.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
206.31     Sec. 3.  Minnesota Statutes 2004, section 299C.08, is 
206.32  amended to read: 
206.33     299C.08 [OATH OF SUPERINTENDENT AND EMPLOYEES.] 
206.34     The superintendent and each employee in the bureau whom the 
206.35  superintendent shall designate, before entering upon the 
206.36  performance of duties under sections 299C.03 to 299C.08, 
207.1   299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 299C.21, shall 
207.2   take the usual oath.  
207.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
207.4      Sec. 4.  [299C.105] [DNA DATA REQUIRED.] 
207.5      Subdivision 1.  [REQUIRED COLLECTION OF BIOLOGICAL SPECIMEN 
207.6   FOR DNA TESTING.] (a) Sheriffs, peace officers, and community 
207.7   corrections agencies operating secure juvenile detention 
207.8   facilities shall take or cause to be taken immediately 
207.9   biological specimens for the purpose of DNA analysis as defined 
207.10  in section 299C.155, of the following: 
207.11     (1) persons arrested for, appearing in court on a charge 
207.12  of, or convicted of or attempting to commit any of the following:
207.13     (i) murder under section 609.185, 609.19, or 609.195; 
207.14     (ii) manslaughter under section 609.20 or 609.205; 
207.15     (iii) assault under section 609.221, 609.222, or 609.223; 
207.16     (iv) robbery under section 609.24 or aggravated robbery 
207.17  under section 609.245; 
207.18     (v) kidnapping under section 609.25; 
207.19     (vi) false imprisonment under section 609.255; 
207.20     (vii) criminal sexual conduct under section 609.342, 
207.21  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
207.22     (viii) incest under section 609.365; 
207.23     (ix) burglary under section 609.582, subdivision 1; or 
207.24     (x) indecent exposure under section 617.23, subdivision 3; 
207.25     (2) persons sentenced as patterned sex offenders under 
207.26  section 609.108; or 
207.27     (3) juveniles arrested for, appearing in court on a charge 
207.28  of, adjudicated delinquent for, or alleged to have committed or 
207.29  attempted to commit any of the following: 
207.30     (i) murder under section 609.185, 609.19, or 609.195; 
207.31     (ii) manslaughter under section 609.20 or 609.205; 
207.32     (iii) assault under section 609.221, 609.222, or 609.223; 
207.33     (iv) robbery under section 609.24 or aggravated robbery 
207.34  under section 609.245; 
207.35     (v) kidnapping under section 609.25; 
207.36     (vi) false imprisonment under section 609.255; 
208.1      (vii) criminal sexual conduct under section 609.342, 
208.2   609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
208.3      (viii) incest under section 609.365; 
208.4      (ix) burglary under section 609.582, subdivision 1; or 
208.5      (x) indecent exposure under section 617.23, subdivision 3.  
208.6      (b) Unless the superintendent of the bureau requires a 
208.7   shorter period, within 72 hours the biological specimen required 
208.8   under paragraph (a) must be forwarded to the bureau in such a 
208.9   manner as may be prescribed by the superintendent. 
208.10     (c) Prosecutors, courts, and probation officers shall 
208.11  attempt to ensure that the biological specimen is taken on a 
208.12  person described in paragraph (a). 
208.13     Subd. 2.  [LAW ENFORCEMENT TRAINING.] The persons who 
208.14  collect the biological specimens required under subdivision 1 
208.15  must be trained to bureau-established standards in the proper 
208.16  method of collecting and transmitting biological specimens. 
208.17     Subd. 3.  [BUREAU DUTY.] The bureau must perform DNA 
208.18  analysis on biological specimens and enter the results of its 
208.19  analysis in the combined DNA index system within 30 days after 
208.20  specimens are received under this section. 
208.21     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
208.22  and applies to persons arrested on or after that date. 
208.23     Sec. 5.  [299C.106] [ADDITIONAL DNA DATA REQUIRED.] 
208.24     Subdivision 1.  [REQUIRED COLLECTION OF BIOLOGICAL SPECIMEN 
208.25  FOR DNA TESTING.] (a) As of July 1, 2010, sheriffs, peace 
208.26  officers, and community corrections agencies operating secure 
208.27  juvenile detention facilities shall take or cause to be taken 
208.28  immediately biological specimens for the purpose of DNA analysis 
208.29  as defined in section 299C.155, of persons arrested for, 
208.30  appearing in court on a charge of, or convicted of or attempting 
208.31  to commit any felony that is not described in section 299C.105, 
208.32  subdivision 1, paragraph (a), clause (1). 
208.33     (b) Unless the superintendent of the bureau requires a 
208.34  shorter period, within 72 hours the biological specimen required 
208.35  under paragraph (a) must be forwarded to the bureau in such a 
208.36  manner as may be prescribed by the superintendent. 
209.1      (c) Prosecutors, courts, and probation officers shall 
209.2   attempt to ensure that the biological specimen is taken on a 
209.3   person described in paragraph (a). 
209.4      Subd. 2.  [LAW ENFORCEMENT TRAINING.] The persons who 
209.5   collect the biological specimens required under subdivision 1 
209.6   must be trained to bureau-established standards in the proper 
209.7   method of collecting and transmitting biological specimens. 
209.8      Subd. 3.  [BUREAU DUTY.] The bureau must perform DNA 
209.9   analysis on biological specimens and enter the results of its 
209.10  analysis in the combined DNA index system within 30 days after 
209.11  specimens are received under this section.  
209.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2010, 
209.13  and applies to persons arrested on or after that date. 
209.14     Sec. 6.  Minnesota Statutes 2004, section 299C.11, is 
209.15  amended to read: 
209.16     299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
209.17     Subdivision 1.  [FINGERPRINTS IDENTIFICATION DATA OTHER 
209.18  THAN DNA.] (a) Each sheriff and chief of police shall furnish 
209.19  the bureau, upon such form as the superintendent shall 
209.20  prescribe, with such finger and thumb prints, photographs, 
209.21  distinctive physical mark identification data, information on 
209.22  known aliases and street names, and other identification data as 
209.23  may be requested or required by the superintendent of the 
209.24  bureau, which must be taken under the provisions of section 
209.25  299C.10.  In addition, sheriffs and chiefs of police shall 
209.26  furnish this identification data to the bureau for individuals 
209.27  found to have been convicted of a felony, gross misdemeanor, or 
209.28  targeted misdemeanor, within the ten years immediately preceding 
209.29  their arrest.  
209.30     (b) No petition under chapter 609A is required if the 
209.31  person has not been convicted of any felony or gross 
209.32  misdemeanor, either within or without the state, within the 
209.33  period of ten years immediately preceding the determination of 
209.34  all pending criminal actions or proceedings in favor of the 
209.35  arrested person, and either of the following occurred: 
209.36     (1) all charges were dismissed prior to a determination of 
210.1   probable cause; or 
210.2      (2) the prosecuting authority declined to file any charges 
210.3   and a grand jury did not return an indictment. 
210.4   Where these conditions are met, the bureau or agency shall, upon 
210.5   demand, return to the arrested person finger and thumb prints, 
210.6   photographs, distinctive physical mark identification data, 
210.7   information on known aliases and street names, and other 
210.8   identification data, and all copies and duplicates of them. 
210.9      (c) Except as otherwise provided in paragraph (b), upon the 
210.10  determination of all pending criminal actions or proceedings in 
210.11  favor of the arrested person, and the granting of the petition 
210.12  of the arrested person under chapter 609A, the bureau shall seal 
210.13  finger and thumb prints, photographs, distinctive physical mark 
210.14  identification data, information on known aliases and street 
210.15  names, and other identification data, and all copies and 
210.16  duplicates of them if the arrested person has not been convicted 
210.17  of any felony or gross misdemeanor, either within or without the 
210.18  state, within the period of ten years immediately preceding such 
210.19  determination. 
210.20     (d) DNA samples and DNA records of the arrested person 
210.21  shall not be returned, sealed, or destroyed as to a charge 
210.22  supported by probable cause.  
210.23     (e) For purposes of this section: 
210.24     (1) "determination of all pending criminal actions or 
210.25  proceedings in favor of the arrested person" does not include: 
210.26     (i) the sealing of a criminal record pursuant to section 
210.27  152.18, subdivision 1, 242.31, or chapter 609A; 
210.28     (ii) the arrested person's successful completion of a 
210.29  diversion program; 
210.30     (iii) an order of discharge under section 609.165; or 
210.31     (iv) a pardon granted under section 638.02; and 
210.32     (2) "targeted misdemeanor" has the meaning given in section 
210.33  299C.10, subdivision 1. 
210.34     Subd. 2.  [DNA SAMPLES AND RECORDS.] (a) Each sheriff and 
210.35  chief of police shall furnish the bureau, in such form as the 
210.36  superintendent shall prescribe, with the biological specimens 
211.1   required to be taken under section 299C.105. 
211.2      (b) No petition under chapter 609A is required if the 
211.3   person has not been convicted of any felony, either within or 
211.4   without the state, within the period of ten years immediately 
211.5   preceding the determination of all pending criminal actions or 
211.6   proceedings in favor of the arrested person, and either of the 
211.7   following occurred: 
211.8      (1) all charges were dismissed prior to a determination of 
211.9   probable cause; or 
211.10     (2) the prosecuting authority declined to file any charges 
211.11  and a grand jury did not return an indictment.  Where these 
211.12  conditions are met, the bureau or agency shall, upon demand, 
211.13  remove the person's information from the bureau's combined DNA 
211.14  index system and return to the arrested person the biological 
211.15  specimen, all related records, and all copies and duplicates of 
211.16  them. 
211.17     (c) Except as otherwise provided in paragraph (b), upon the 
211.18  determination of all pending criminal actions or proceedings in 
211.19  favor of the arrested person, and the granting of the petition 
211.20  of the arrested person under chapter 609A, the bureau shall 
211.21  remove the person's information from the bureau's combined DNA 
211.22  index system and seal the biological specimen, all related 
211.23  records, and all copies and duplicates of them, if the arrested 
211.24  person has not been convicted of any felony, either within or 
211.25  without the state, within the period of ten years immediately 
211.26  preceding such determination.  The remedies in section 13.08 
211.27  apply to a violation of this subdivision. 
211.28     Subd. 3.  [DEFINITIONS.] As used in this section, the 
211.29  following terms have the definitions provided: 
211.30     (1) "determination of all pending criminal actions or 
211.31  proceedings in favor of the arrested person" does not include: 
211.32     (i) the sealing of a criminal record pursuant to sections 
211.33  152.18, subdivision 1, and 242.31 or chapter 609A; 
211.34     (ii) the arrested person's successful completion of a 
211.35  diversion program; 
211.36     (iii) an order of discharge under section 609.165; or 
212.1      (iv) a pardon granted under section 638.02; and 
212.2      (2) "targeted misdemeanor" has the meaning given in section 
212.3   299C.10, subdivision 1. 
212.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
212.5   and applies to offenders arrested on or after that date. 
212.6      Sec. 7.  Minnesota Statutes 2004, section 299C.155, is 
212.7   amended to read: 
212.8      299C.155 [STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.] 
212.9      Subdivision 1.  [DEFINITION.] As used in this section, "DNA 
212.10  analysis" means the process through which deoxyribonucleic acid 
212.11  (DNA) in a human biological specimen is analyzed and compared 
212.12  with DNA from another human biological specimen for 
212.13  identification purposes. 
212.14     Subd. 2.  [UNIFORM EVIDENCE COLLECTION.] The bureau shall 
212.15  develop uniform procedures and protocols for collecting evidence 
212.16  in cases of alleged or suspected criminal sexual conduct, 
212.17  including procedures and protocols for the collection and 
212.18  preservation of human biological specimens for DNA analysis. Law 
212.19  enforcement agencies and medical personnel who conduct 
212.20  evidentiary exams shall use the uniform procedures and protocols 
212.21  in their investigation of criminal sexual conduct offenses.  The 
212.22  uniform procedures and protocols developed under this 
212.23  subdivision are not subject to the rulemaking provisions of 
212.24  chapter 14. 
212.25     Subd. 3.  [DNA ANALYSIS AND DATA BANK.] The bureau shall 
212.26  adopt uniform procedures and protocols to maintain, preserve, 
212.27  and analyze human biological specimens for DNA.  The bureau 
212.28  shall establish a centralized system to cross-reference data 
212.29  obtained from DNA analysis.  Data contained on the bureau's 
212.30  centralized system is private data on individuals, as that term 
212.31  is defined in section 13.02.  The bureau's centralized system 
212.32  may only be accessed by authorized law enforcement personnel and 
212.33  used solely for law enforcement identification purposes.  The 
212.34  remedies in section 13.08 apply to a violation of this 
212.35  subdivision.  The uniform procedures and protocols developed 
212.36  under this subdivision are not subject to the rulemaking 
213.1   provisions of chapter 14. 
213.2      Subd. 4.  [RECORD.] The bureau shall perform DNA analysis 
213.3   and make data obtained available to law enforcement officials in 
213.4   connection with criminal investigations in which human 
213.5   biological specimens have been recovered.  Upon request, the 
213.6   bureau shall also make the data available to the prosecutor and 
213.7   the subject of the data in any subsequent criminal prosecution 
213.8   of the subject.  The results of the bureau's DNA analysis and 
213.9   related records are private data on individuals, as that term is 
213.10  defined in section 13.02, and may only be used for law 
213.11  enforcement identification purposes.  The remedies in section 
213.12  13.08 apply to a violation of this subdivision.  
213.13     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
213.14     Sec. 8.  Minnesota Statutes 2004, section 299C.21, is 
213.15  amended to read: 
213.16     299C.21 [PENALTY ON LOCAL OFFICER REFUSING INFORMATION.] 
213.17     If any public official charged with the duty of furnishing 
213.18  to the bureau fingerprint records, biological specimens, 
213.19  reports, or other information required by sections 299C.06, 
213.20  299C.10, 299C.105, 299C.11, 299C.17, shall neglect or refuse to 
213.21  comply with such requirement, the bureau, in writing, shall 
213.22  notify the state, county, or city officer charged with the 
213.23  issuance of a warrant for the payment of the salary of such 
213.24  official.  Upon the receipt of the notice the state, county, or 
213.25  city official shall withhold the issuance of a warrant for the 
213.26  payment of the salary or other compensation accruing to such 
213.27  officer for the period of 30 days thereafter until notified by 
213.28  the bureau that such suspension has been released by the 
213.29  performance of the required duty.  
213.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
213.31     Sec. 9.  [590.10] [PRESERVATION OF EVIDENCE.] 
213.32     Subdivision 1.  [PRESERVATION.] Notwithstanding any other 
213.33  provision of law, all appropriate governmental entities shall 
213.34  retain any item of physical evidence which contains biological 
213.35  material that is used to secure a conviction in a criminal case 
213.36  for the period of time that any person remains incarcerated, on 
214.1   probation or parole, civilly committed, or subject to 
214.2   registration as a sex offender in connection with the case.  The 
214.3   governmental entity need retain only the portion of such 
214.4   evidence as was used to obtain an accurate biological sample and 
214.5   used to obtain a conviction.  This requirement shall apply with 
214.6   or without the filing of a petition for postconviction DNA 
214.7   analysis, as well as during the pendency of proceedings under 
214.8   section 590.01.  If evidence is intentionally destroyed after 
214.9   the filing of a petition under section 590.01, the court may 
214.10  impose appropriate sanctions on the responsible party or parties.
214.11     Subd. 2.  [DEFINITION.] For purposes of this section, 
214.12  "biological evidence" means: 
214.13     (1) the contents of a sexual assault examination kit; or 
214.14     (2) any item that contains blood, semen, hair, saliva, skin 
214.15  tissue, or other identifiable biological material, whether that 
214.16  material is catalogued separately, on a slide, swab, or in a 
214.17  test tube, or is present on other evidence, including, but not 
214.18  limited to, clothing, ligatures, bedding or other household 
214.19  material, drinking cups, cigarettes, and similar items. 
214.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
214.21  following final enactment. 
214.22     Sec. 10.  Minnesota Statutes 2004, section 609.117, is 
214.23  amended to read: 
214.24     609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.] 
214.25     Subdivision 1.  [UPON SENTENCING.] If an offender has not 
214.26  already done so, the court shall order an offender to provide a 
214.27  biological specimen for the purpose of DNA analysis as defined 
214.28  in section 299C.155 when: 
214.29     (1) the court sentences a person charged with violating or 
214.30  attempting to violate any of the following, committing or 
214.31  attempting to commit a felony offense and the person is 
214.32  convicted of that offense or of any offense arising out of the 
214.33  same set of circumstances: 
214.34     (i) murder under section 609.185, 609.19, or 609.195; 
214.35     (ii) manslaughter under section 609.20 or 609.205; 
214.36     (iii) assault under section 609.221, 609.222, or 609.223; 
215.1      (iv) robbery under section 609.24 or aggravated robbery 
215.2   under section 609.245; 
215.3      (v) kidnapping under section 609.25; 
215.4      (vi) false imprisonment under section 609.255; 
215.5      (vii) criminal sexual conduct under section 609.342, 
215.6   609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
215.7      (viii) incest under section 609.365; 
215.8      (ix) burglary under section 609.582, subdivision 1; or 
215.9      (x) indecent exposure under section 617.23, subdivision 3; 
215.10     (2) the court sentences a person as a patterned sex 
215.11  offender under section 609.108; or 
215.12     (3) (2) the juvenile court adjudicates a person a 
215.13  delinquent child who is the subject of a delinquency petition 
215.14  for violating or attempting to violate any of the following, and 
215.15  the delinquency adjudication is based on a violation of one of 
215.16  those sections or of any offense arising out of the same set of 
215.17  circumstances: 
215.18     (i) murder under section 609.185, 609.19, or 609.195; 
215.19     (ii) manslaughter under section 609.20 or 609.205; 
215.20     (iii) assault under section 609.221, 609.222, or 609.223; 
215.21     (iv) robbery under section 609.24 or aggravated robbery 
215.22  under section 609.245; 
215.23     (v) kidnapping under section 609.25; 
215.24     (vi) false imprisonment under section 609.255; 
215.25     (vii) criminal sexual conduct under section 609.342, 
215.26  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
215.27     (viii) incest under section 609.365; 
215.28     (ix) burglary under section 609.582, subdivision 1; or 
215.29     (x) indecent exposure under section 617.23, subdivision 
215.30  3 petitioned for committing or attempting to commit a felony 
215.31  offense and is adjudicated delinquent for that offense or any 
215.32  offense arising out of the same set of circumstances. 
215.33  The biological specimen or the results of the analysis shall be 
215.34  maintained by the Bureau of Criminal Apprehension as provided in 
215.35  section 299C.155. 
215.36     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
216.1   or local corrections authority shall order a person to provide a 
216.2   biological specimen for the purpose of DNA analysis before 
216.3   completion of the person's term of imprisonment when the person 
216.4   has not provided a biological specimen for the purpose of DNA 
216.5   analysis and the person: 
216.6      (1) is currently serving a term of imprisonment for or has 
216.7   a past conviction for violating or attempting to violate any of 
216.8   the following or a similar law of another state or the United 
216.9   States or was initially charged with violating one of the 
216.10  following sections or a similar law of another state or the 
216.11  United States and committing or attempting to commit a felony 
216.12  offense and was convicted of another that offense or of any 
216.13  offense arising out of the same set of circumstances: 
216.14     (i) murder under section 609.185, 609.19, or 609.195; 
216.15     (ii) manslaughter under section 609.20 or 609.205; 
216.16     (iii) assault under section 609.221, 609.222, or 609.223; 
216.17     (iv) robbery under section 609.24 or aggravated robbery 
216.18  under section 609.245; 
216.19     (v) kidnapping under section 609.25; 
216.20     (vi) false imprisonment under section 609.255; 
216.21     (vii) criminal sexual conduct under section 609.342, 
216.22  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
216.23     (viii) incest under section 609.365; 
216.24     (ix) burglary under section 609.582, subdivision 1; or 
216.25     (x) indecent exposure under section 617.23, subdivision 3; 
216.26  or 
216.27     (2) was sentenced as a patterned sex offender under section 
216.28  609.108, and committed to the custody of the commissioner of 
216.29  corrections, or the person has a past felony conviction; or 
216.30     (3) (2) is serving a term of imprisonment in this state 
216.31  under a reciprocal agreement although convicted in another state 
216.32  of an offense described in this subdivision or a similar law of 
216.33  the United States or any other state committing or attempting to 
216.34  commit a felony offense or of any offense arising out of the 
216.35  same set of circumstances if the person was initially charged 
216.36  with committing or attempting to commit a felony offense.  The 
217.1   commissioner of corrections or local corrections authority shall 
217.2   forward the sample to the Bureau of Criminal Apprehension. 
217.3      Subd. 3.  [OFFENDERS FROM OTHER STATES.] When the state 
217.4   accepts an offender from another state under the interstate 
217.5   compact authorized by section 243.16, the acceptance is 
217.6   conditional on the offender providing a biological specimen for 
217.7   the purposes of DNA analysis as defined in section 299C.155, if 
217.8   the offender was convicted of an offense described in 
217.9   subdivision 1 or a similar law of the United States or any other 
217.10  state initially charged with committing or attempting to commit 
217.11  a felony offense and was convicted of that offense or of any 
217.12  offense arising out of the same set of circumstances.  The 
217.13  specimen must be provided under supervision of staff from the 
217.14  Department of Corrections or a Community Corrections Act county 
217.15  within 15 business days after the offender reports to the 
217.16  supervising agent.  The cost of obtaining the biological 
217.17  specimen is the responsibility of the agency providing 
217.18  supervision.  
217.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
217.20  and applies to offenders sentenced, released from incarceration, 
217.21  or accepted for supervision on or after that date. 
217.22     Sec. 11.  Minnesota Statutes 2004, section 609A.02, 
217.23  subdivision 3, is amended to read: 
217.24     Subd. 3.  [CERTAIN CRIMINAL PROCEEDINGS NOT RESULTING IN A 
217.25  CONVICTION.] A petition may be filed under section 609A.03 to 
217.26  seal all records relating to an arrest, indictment or 
217.27  information, trial, or verdict if the records are not subject to 
217.28  section 299C.11, subdivision 1, paragraph (b), and if all 
217.29  pending actions or proceedings were resolved in favor of the 
217.30  petitioner.  For purposes of this chapter, a verdict of not 
217.31  guilty by reason of mental illness is not a resolution in favor 
217.32  of the petitioner. 
217.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
217.34     Sec. 12.  Minnesota Statutes 2004, section 609A.03, 
217.35  subdivision 7, is amended to read: 
217.36     Subd. 7.  [LIMITATIONS OF ORDER.] (a) Upon issuance of an 
218.1   expungement order related to a charge supported by probable 
218.2   cause, the DNA samples and DNA records held by the Bureau of 
218.3   Criminal Apprehension shall not be sealed, returned to the 
218.4   subject of the record, or destroyed. 
218.5      (b) Notwithstanding the issuance of an expungement order: 
218.6      (1) an expunged record may be opened for purposes of a 
218.7   criminal investigation, prosecution, or sentencing, upon an ex 
218.8   parte court order; and 
218.9      (2) an expunged record of a conviction may be opened for 
218.10  purposes of evaluating a prospective employee in a criminal 
218.11  justice agency without a court order. 
218.12     Upon request by law enforcement, prosecution, or 
218.13  corrections authorities, an agency or jurisdiction subject to an 
218.14  expungement order shall inform the requester of the existence of 
218.15  a sealed record and of the right to obtain access to it as 
218.16  provided by this paragraph.  For purposes of this section, a 
218.17  "criminal justice agency" means courts or a government agency 
218.18  that performs the administration of criminal justice under 
218.19  statutory authority.  
218.20     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
218.21     Sec. 13.  [REVISOR'S INSTRUCTION.] 
218.22     In each section of Minnesota Statutes where section 
218.23  299C.105 is cross-referenced, the revisor of statutes shall 
218.24  insert a cross-reference to section 299C.106. 
218.25     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2010. 
218.26     Sec. 14.  [REPEALER.] 
218.27     Minnesota Statutes 2004, section 609.119, is repealed. 
218.28     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
218.29                             ARTICLE 13
218.30                            CORRECTIONS
218.31     Section 1.  [241.026] [CORRECTIONAL OFFICERS DISCIPLINE 
218.32  PROCEDURES.] 
218.33     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
218.34  section, the terms defined in this subdivision have the meanings 
218.35  given them. 
218.36     (b) "Correctional officer" and "officer" mean a person 
219.1   employed by the state, a state correctional facility, or a local 
219.2   correctional or detention facility in a security capacity. 
219.3      (c) "Formal statement" means the questioning of an officer 
219.4   in the course of obtaining a recorded, stenographic, or signed 
219.5   statement to be used as evidence in a disciplinary proceeding 
219.6   against the officer. 
219.7      Subd. 2.  [APPLICABILITY.] The procedures and provisions of 
219.8   this section apply to state and local correctional authorities. 
219.9      Subd. 3.  [GOVERNING FORMAL STATEMENT PROCEDURES.] The 
219.10  formal statement of an officer must be taken according to 
219.11  subdivision 4. 
219.12     Subd. 4.  [PLACE OF FORMAL STATEMENT.] The formal statement 
219.13  must be taken at a facility of the employing or investigating 
219.14  agency or at a place agreed to by the investigating individual 
219.15  and the investigated officer. 
219.16     Subd. 5.  [ADMISSIONS.] Before an officer's formal 
219.17  statement is taken, the officer shall be advised in writing or 
219.18  on the record that admissions made in the course of the formal 
219.19  statement may be used as evidence of misconduct or as a basis 
219.20  for discipline. 
219.21     Subd. 6.  [DISCLOSURE OF FINANCIAL RECORDS.] No employer 
219.22  may require an officer to produce or disclose the officer's 
219.23  personal financial records except pursuant to a valid search 
219.24  warrant or subpoena. 
219.25     Subd. 7.  [RELEASE OF PHOTOGRAPHS.] No state or local 
219.26  correctional facility or governmental unit may publicly release 
219.27  photographs of an officer without the written permission of the 
219.28  officer, except that the facility or unit may display a 
219.29  photograph of an officer to a prospective witness as part of an 
219.30  agency or unit investigation. 
219.31     Subd. 8.  [DISCIPLINARY LETTER.] No disciplinary letter or 
219.32  reprimand may be included in an officer's personnel record 
219.33  unless the officer has been given a copy of the letter or 
219.34  reprimand. 
219.35     Subd. 9.  [RETALIATORY ACTION PROHIBITED.] No officer may 
219.36  be discharged, disciplined, or threatened with discharge or 
220.1   discipline as retaliation for or solely by reason of the 
220.2   officer's exercise of the rights provided by this section. 
220.3      Subd. 10.  [RIGHTS NOT REDUCED.] The rights of officers 
220.4   provided by this section are in addition to and do not diminish 
220.5   the rights and privileges of officers that are provided under an 
220.6   applicable collective bargaining agreement or any other 
220.7   applicable law. 
220.8      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
220.9      Sec. 2.  [243.051] [COMMUNITY REINTEGRATION; PLACEMENT OF 
220.10  CERTAIN OFFENDERS WITH LESS THAN 180 DAYS TO SERVE.] 
220.11     The commissioner of corrections, with the concurrence of 
220.12  the local corrections director, may place an offender who is 
220.13  committed to the custody and care of the commissioner and who 
220.14  has less than 180 days remaining in the offender's term of 
220.15  imprisonment at the county jail, regional jail, or local 
220.16  correctional facility in the jurisdiction where the offender 
220.17  plans to reside while on supervised release in order to prepare 
220.18  the offender for reintegration into the community.  The 
220.19  commissioner must pay a county that incarcerates an offender 
220.20  under this section a per diem equal to the amount paid to 
220.21  counties by the commissioner to house offenders confined in 
220.22  state correctional facilities for whom the commissioner has 
220.23  insufficient beds. 
220.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
220.25     Sec. 3.  Minnesota Statutes 2004, section 243.1606, 
220.26  subdivision 1, is amended to read: 
220.27     Subdivision 1.  [MEMBERSHIP.] The Advisory Council on 
220.28  Interstate Adult Offender Supervision consists of the following 
220.29  individuals or their designees: 
220.30     (1) the governor; 
220.31     (2) the chief justice of the Supreme Court; 
220.32     (3) two senators, one from the majority and the other from 
220.33  the minority party, selected by the Subcommittee on Committees 
220.34  of the senate Committee on Rules and Administration; 
220.35     (4) two representatives, one from the majority and the 
220.36  other from the minority party, selected by the house speaker; 
221.1      (5) the compact administrator, selected as provided in 
221.2   section 243.1607; and 
221.3      (6) the executive director of the Center for Crime Victim 
221.4   Services; and 
221.5      (7) other members as appointed by the commissioner of 
221.6   corrections. 
221.7      The council may elect a chair from among its members. 
221.8      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
221.9      Sec. 4.  Minnesota Statutes 2004, section 243.24, 
221.10  subdivision 2, is amended to read: 
221.11     Subd. 2.  [CHIEF EXECUTIVE OFFICER TO INCREASE FUND TO 
221.12  $100.] If the fund standing to the credit of the prisoner on the 
221.13  prisoner's leaving the facility by discharge, supervised 
221.14  release, or on parole be less than $100, the warden or chief 
221.15  executive officer is directed to pay out of the current expense 
221.16  fund of the facility sufficient funds to make the total of said 
221.17  earnings the sum of $100.  Offenders who have previously 
221.18  received the $100 upon their initial release from incarceration 
221.19  will not receive the $100 on any second or subsequent release 
221.20  from incarceration for that offense.  Offenders who were 
221.21  sentenced as short-term offenders under section 609.105 shall 
221.22  not receive gate money. 
221.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
221.24     Sec. 5.  Minnesota Statutes 2004, section 244.18, 
221.25  subdivision 2, is amended to read: 
221.26     Subd. 2.  [LOCAL CORRECTIONAL FEES.] A local correctional 
221.27  agency may establish a schedule of local correctional fees to 
221.28  charge persons convicted of a crime and under the supervision 
221.29  and control of the local correctional agency to defray costs 
221.30  associated with correctional services.  The local correctional 
221.31  fees on the schedule must be reasonably related to defendants' 
221.32  abilities to pay and the actual cost of correctional services. 
221.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
221.34     Sec. 6.  Minnesota Statutes 2004, section 609.531, 
221.35  subdivision 1, is amended to read: 
221.36     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
222.1   609.531 to 609.5318, the following terms have the meanings given 
222.2   them.  
222.3      (a) "Conveyance device" means a device used for 
222.4   transportation and includes, but is not limited to, a motor 
222.5   vehicle, trailer, snowmobile, airplane, and vessel and any 
222.6   equipment attached to it.  The term "conveyance device" does not 
222.7   include property which is, in fact, itself stolen or taken in 
222.8   violation of the law.  
222.9      (b) "Weapon used" means a dangerous weapon as defined under 
222.10  section 609.02, subdivision 6, that the actor used or had in 
222.11  possession in furtherance of a crime.  
222.12     (c) "Property" means property as defined in section 609.52, 
222.13  subdivision 1, clause (1).  
222.14     (d) "Contraband" means property which is illegal to possess 
222.15  under Minnesota law.  
222.16     (e) "Appropriate agency" means the Bureau of Criminal 
222.17  Apprehension, the Minnesota Division of Driver and Vehicle 
222.18  Services, the Minnesota State Patrol, a county sheriff's 
222.19  department, the Suburban Hennepin Regional Park District park 
222.20  rangers, the Department of Natural Resources Division of 
222.21  Enforcement, the University of Minnesota Police Department, the 
222.22  Department of Corrections' Fugitive Apprehension Unit, or a city 
222.23  or airport police department.  
222.24     (f) "Designated offense" includes:  
222.25     (1) for weapons used:  any violation of this chapter, 
222.26  chapter 152, or chapter 624; 
222.27     (2) for driver's license or identification card 
222.28  transactions:  any violation of section 171.22; and 
222.29     (3) for all other purposes:  a felony violation of, or a 
222.30  felony-level attempt or conspiracy to violate, section 325E.17; 
222.31  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
222.32  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
222.33  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
222.34  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
222.35  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
222.36  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
223.1   609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
223.2   609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
223.3   609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
223.4   12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
223.5   609.895; 617.246; or a gross misdemeanor or felony violation of 
223.6   section 609.891 or 624.7181; or any violation of section 609.324.
223.7      (g) "Controlled substance" has the meaning given in section 
223.8   152.01, subdivision 4. 
223.9      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
223.10     Sec. 7.  Minnesota Statutes 2004, section 609.5311, 
223.11  subdivision 2, is amended to read: 
223.12     Subd. 2.  [ASSOCIATED PROPERTY.] (a) All property, real and 
223.13  personal, that has been used, or is intended for use, or has in 
223.14  any way facilitated, in whole or in part, the manufacturing, 
223.15  compounding, processing, delivering, importing, cultivating, 
223.16  exporting, transporting, or exchanging of contraband or a 
223.17  controlled substance that has not been lawfully manufactured, 
223.18  distributed, dispensed, and acquired is subject to forfeiture 
223.19  under this section, except as provided in subdivision 3. 
223.20     (b) The Department of Corrections' Fugitive Apprehension 
223.21  Unit shall not seize real property for the purposes of 
223.22  forfeiture under paragraph (a). 
223.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
223.24     Sec. 8.  Minnesota Statutes 2004, section 609.5311, 
223.25  subdivision 3, is amended to read: 
223.26     Subd. 3.  [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY 
223.27  ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device 
223.28  is subject to forfeiture under this section only if the retail 
223.29  value of the controlled substance is $25 or more and the 
223.30  conveyance device is associated with a felony-level controlled 
223.31  substance crime. 
223.32     (b) Real property is subject to forfeiture under this 
223.33  section only if the retail value of the controlled substance or 
223.34  contraband is $1,000 or more. 
223.35     (c) Property used by any person as a common carrier in the 
223.36  transaction of business as a common carrier is subject to 
224.1   forfeiture under this section only if the owner of the property 
224.2   is a consenting party to, or is privy to, the use or intended 
224.3   use of the property as described in subdivision 2. 
224.4      (d) Property is subject to forfeiture under this section 
224.5   only if its owner was privy to the use or intended use described 
224.6   in subdivision 2, or the unlawful use or intended use of the 
224.7   property otherwise occurred with the owner's knowledge or 
224.8   consent. 
224.9      (e) Forfeiture under this section of a conveyance device or 
224.10  real property encumbered by a bona fide security interest is 
224.11  subject to the interest of the secured party unless the secured 
224.12  party had knowledge of or consented to the act or omission upon 
224.13  which the forfeiture is based.  A person claiming a security 
224.14  interest bears the burden of establishing that interest by clear 
224.15  and convincing evidence.  
224.16     (f) Forfeiture under this section of real property is 
224.17  subject to the interests of a good faith purchaser for value 
224.18  unless the purchaser had knowledge of or consented to the act or 
224.19  omission upon which the forfeiture is based. 
224.20     (g) Notwithstanding paragraphs (d), (e), and (f), property 
224.21  is not subject to forfeiture based solely on the owner's or 
224.22  secured party's knowledge of the unlawful use or intended use of 
224.23  the property if:  (1) the owner or secured party took reasonable 
224.24  steps to terminate use of the property by the offender; or (2) 
224.25  the property is real property owned by the parent of the 
224.26  offender, unless the parent actively participated in, or 
224.27  knowingly acquiesced to, a violation of chapter 152, or the real 
224.28  property constitutes proceeds derived from or traceable to a use 
224.29  described in subdivision 2. 
224.30     (h) The Department of Corrections' Fugitive Apprehension 
224.31  Unit shall not seize a conveyance devise, to include motor 
224.32  vehicles or real property, for the purposes of forfeiture under 
224.33  paragraphs (a) to (g). 
224.34     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
224.35     Sec. 9.  Minnesota Statutes 2004, section 609.5312, 
224.36  subdivision 1, is amended to read: 
225.1      Subdivision 1.  [PROPERTY SUBJECT TO FORFEITURE.] (a) All 
225.2   personal property is subject to forfeiture if it was used or 
225.3   intended for use to commit or facilitate the commission of a 
225.4   designated offense.  All money and other property, real and 
225.5   personal, that represent proceeds of a designated offense, and 
225.6   all contraband property, are subject to forfeiture, except as 
225.7   provided in this section. 
225.8      (b) The Department of Corrections' Fugitive Apprehension 
225.9   Unit shall not seize real property for the purposes of 
225.10  forfeiture under paragraph (a). 
225.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
225.12     Sec. 10.  Minnesota Statutes 2004, section 609.5312, 
225.13  subdivision 3, is amended to read: 
225.14     Subd. 3.  [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 
225.15  (a) A motor vehicle is subject to forfeiture under this 
225.16  subdivision if it was used to commit or facilitate, or used 
225.17  during the commission of, a violation of section 609.324 or a 
225.18  violation of a local ordinance substantially similar to section 
225.19  609.324.  A motor vehicle is subject to forfeiture under this 
225.20  subdivision only if the offense is established by proof of a 
225.21  criminal conviction for the offense.  Except as otherwise 
225.22  provided in this subdivision, a forfeiture under this 
225.23  subdivision is governed by sections 609.531, 609.5312, and 
225.24  609.5313. 
225.25     (b) When a motor vehicle subject to forfeiture under this 
225.26  subdivision is seized in advance of a judicial forfeiture order, 
225.27  a hearing before a judge or referee must be held within 96 hours 
225.28  of the seizure.  Notice of the hearing must be given to the 
225.29  registered owner within 48 hours of the seizure.  The 
225.30  prosecuting authority shall certify to the court, at or in 
225.31  advance of the hearing, that it has filed or intends to file 
225.32  charges against the alleged violator for violating section 
225.33  609.324 or a local ordinance substantially similar to section 
225.34  609.324.  After conducting the hearing, the court shall order 
225.35  that the motor vehicle be returned to the owner if:  
225.36     (1) the prosecutor has failed to make the certification 
226.1   required by paragraph (b); 
226.2      (2) the owner of the motor vehicle has demonstrated to the 
226.3   court's satisfaction that the owner has a defense to the 
226.4   forfeiture, including but not limited to the defenses contained 
226.5   in subdivision 2; or 
226.6      (3) the court determines that seizure of the vehicle 
226.7   creates or would create an undue hardship for members of the 
226.8   owner's family. 
226.9      (c) If the defendant is acquitted or prostitution charges 
226.10  against the defendant are dismissed, neither the owner nor the 
226.11  defendant is responsible for paying any costs associated with 
226.12  the seizure or storage of the vehicle. 
226.13     (d) A vehicle leased or rented under section 168.27, 
226.14  subdivision 4, for a period of 180 days or less is not subject 
226.15  to forfeiture under this subdivision. 
226.16     (e) For purposes of this subdivision, seizure occurs either:
226.17     (1) at the date at which personal service of process upon 
226.18  the registered owner is made; or 
226.19     (2) at the date when the registered owner has been notified 
226.20  by certified mail at the address listed in the Minnesota 
226.21  Department of Public Safety computerized motor vehicle 
226.22  registration records. 
226.23     (f) The Department of Corrections' Fugitive Apprehension 
226.24  Unit shall not participate in paragraphs (a) to (e). 
226.25     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
226.26     Sec. 11.  Minnesota Statutes 2004, section 609.5312, 
226.27  subdivision 4, is amended to read: 
226.28     Subd. 4.  [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 
226.29  (a) A motor vehicle is subject to forfeiture under this 
226.30  subdivision if it was used to commit a violation of section 
226.31  609.487 and endanger life or property.  A motor vehicle is 
226.32  subject to forfeiture under this subdivision only if the offense 
226.33  is established by proof of a criminal conviction for the 
226.34  offense.  Except as otherwise provided in this subdivision, a 
226.35  forfeiture under this subdivision is governed by sections 
226.36  609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 
227.1      (b) When a motor vehicle subject to forfeiture under this 
227.2   subdivision is seized in advance of a judicial forfeiture order, 
227.3   a hearing before a judge or referee must be held within 96 hours 
227.4   of the seizure.  Notice of the hearing must be given to the 
227.5   registered owner within 48 hours of the seizure.  The 
227.6   prosecuting authority shall certify to the court, at or in 
227.7   advance of the hearing, that it has filed or intends to file 
227.8   charges against the alleged violator for violating section 
227.9   609.487.  After conducting the hearing, the court shall order 
227.10  that the motor vehicle be returned to the owner if:  
227.11     (1) the prosecutor has failed to make the certification 
227.12  required by this paragraph; 
227.13     (2) the owner of the motor vehicle has demonstrated to the 
227.14  court's satisfaction that the owner has a defense to the 
227.15  forfeiture, including but not limited to the defenses contained 
227.16  in subdivision 2; or 
227.17     (3) the court determines that seizure of the vehicle 
227.18  creates or would create an undue hardship for members of the 
227.19  owner's family. 
227.20     (c) If the defendant is acquitted or the charges against 
227.21  the defendant are dismissed, neither the owner nor the defendant 
227.22  is responsible for paying any costs associated with the seizure 
227.23  or storage of the vehicle. 
227.24     (d) A vehicle leased or rented under section 168.27, 
227.25  subdivision 4, for a period of 180 days or less is not subject 
227.26  to forfeiture under this subdivision. 
227.27     (e) A motor vehicle that is an off-road recreational 
227.28  vehicle as defined in section 169A.03, subdivision 16, or a 
227.29  motorboat as defined in section 169A.03, subdivision 13, is not 
227.30  subject to paragraph (b). 
227.31     (f) For purposes of this subdivision, seizure occurs either:
227.32     (1) at the date at which personal service of process upon 
227.33  the registered owner is made; or 
227.34     (2) at the date when the registered owner has been notified 
227.35  by certified mail at the address listed in the Minnesota 
227.36  Department of Public Safety computerized motor vehicle 
228.1   registration records.  
228.2      (g) The Department of Corrections' Fugitive Apprehension 
228.3   Unit shall not seize a motor vehicle for the purposes of 
228.4   forfeiture under paragraphs (a) to (f). 
228.5      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
228.6      Sec. 12.  Minnesota Statutes 2004, section 609.5314, 
228.7   subdivision 1, is amended to read: 
228.8      Subdivision 1.  [PROPERTY SUBJECT TO ADMINISTRATIVE 
228.9   FORFEITURE; PRESUMPTION.] (a) The following are presumed to be 
228.10  subject to administrative forfeiture under this section: 
228.11     (1) all money, precious metals, and precious stones found 
228.12  in proximity to: 
228.13     (i) controlled substances; 
228.14     (ii) forfeitable drug manufacturing or distributing 
228.15  equipment or devices; or 
228.16     (iii) forfeitable records of manufacture or distribution of 
228.17  controlled substances; 
228.18     (2) all conveyance devices containing controlled substances 
228.19  with a retail value of $100 or more if possession or sale of the 
228.20  controlled substance would be a felony under chapter 152; and 
228.21     (3) all firearms, ammunition, and firearm accessories found:
228.22     (i) in a conveyance device used or intended for use to 
228.23  commit or facilitate the commission of a felony offense 
228.24  involving a controlled substance; 
228.25     (ii) on or in proximity to a person from whom a felony 
228.26  amount of controlled substance is seized; or 
228.27     (iii) on the premises where a controlled substance is 
228.28  seized and in proximity to the controlled substance, if 
228.29  possession or sale of the controlled substance would be a felony 
228.30  under chapter 152. 
228.31     (4) The Department of Corrections' Fugitive Apprehension 
228.32  Unit shall not seize items listed in clauses (2) and (3) for the 
228.33  purposes of forfeiture. 
228.34     (b) A claimant of the property bears the burden to rebut 
228.35  this presumption. 
228.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
229.1      Sec. 13.  Minnesota Statutes 2004, section 609.5317, 
229.2   subdivision 1, is amended to read: 
229.3      Subdivision 1.  [RENTAL PROPERTY.] (a) When contraband or a 
229.4   controlled substance manufactured, distributed, or acquired in 
229.5   violation of chapter 152 is seized on residential rental 
229.6   property incident to a lawful search or arrest, the county 
229.7   attorney shall give the notice required by this subdivision to 
229.8   (1) the landlord of the property or the fee owner identified in 
229.9   the records of the county assessor, and (2) the agent authorized 
229.10  by the owner to accept service pursuant to section 504B.181.  
229.11  The notice is not required during an ongoing investigation.  The 
229.12  notice shall state what has been seized and specify the 
229.13  applicable duties and penalties under this subdivision.  The 
229.14  notice shall state that the landlord who chooses to assign the 
229.15  right to bring an eviction action retains all rights and duties, 
229.16  including removal of a tenant's personal property following 
229.17  issuance of the writ of restitution and delivery of the writ to 
229.18  the sheriff for execution.  The notice shall also state that the 
229.19  landlord may contact the county attorney if threatened by the 
229.20  tenant.  Notice shall be sent by certified letter, return 
229.21  receipt requested, within 30 days of the seizure.  If receipt is 
229.22  not returned, notice shall be given in the manner provided by 
229.23  law for service of summons in a civil action. 
229.24     (b) Within 15 days after notice of the first occurrence, 
229.25  the landlord shall bring, or assign to the county attorney of 
229.26  the county in which the real property is located, the right to 
229.27  bring an eviction action against the tenant.  The assignment 
229.28  must be in writing on a form prepared by the county attorney.  
229.29  Should the landlord choose to assign the right to bring an 
229.30  eviction action, the assignment shall be limited to those rights 
229.31  and duties up to and including delivery of the writ of 
229.32  restitution to the sheriff for execution. 
229.33     (c) Upon notice of a second occurrence on any residential 
229.34  rental property owned by the same landlord in the same county 
229.35  and involving the same tenant, and within one year after notice 
229.36  of the first occurrence, the property is subject to forfeiture 
230.1   under sections 609.531, 609.5311, 609.5313, and 609.5315, unless 
230.2   an eviction action has been commenced as provided in paragraph 
230.3   (b) or the right to bring an eviction action was assigned to the 
230.4   county attorney as provided in paragraph (b).  If the right has 
230.5   been assigned and not previously exercised, or if the county 
230.6   attorney requests an assignment and the landlord makes an 
230.7   assignment, the county attorney may bring an eviction action 
230.8   rather than an action for forfeiture. 
230.9      (d) The Department of Corrections' Fugitive Apprehension 
230.10  Unit shall not seize real property for the purposes of 
230.11  forfeiture as described in paragraphs (a) to (c). 
230.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
230.13     Sec. 14.  Minnesota Statutes 2004, section 609.5318, 
230.14  subdivision 1, is amended to read: 
230.15     Subdivision 1.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] (a) 
230.16  A motor vehicle is subject to forfeiture under this section if 
230.17  the prosecutor establishes by clear and convincing evidence that 
230.18  the vehicle was used in a violation of section 609.66, 
230.19  subdivision 1e.  The prosecutor need not establish that any 
230.20  individual was convicted of the violation, but a conviction of 
230.21  the owner for a violation of section 609.66, subdivision 1e, 
230.22  creates a presumption that the vehicle was used in the violation.
230.23     (b) The Department of Corrections' Fugitive Apprehension 
230.24  Unit shall not seize a motor vehicle for the purposes of 
230.25  forfeiture under paragraph (a). 
230.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
230.27     Sec. 15.  Minnesota Statutes 2004, section 631.425, 
230.28  subdivision 4, is amended to read: 
230.29     Subd. 4.  [CONFINEMENT WHEN NOT EMPLOYED.] Unless the court 
230.30  otherwise directs, the sheriff or local correctional agency may 
230.31  electronically monitor or confine in jail each inmate must be 
230.32  confined in jail during the time the inmate is not employed, or, 
230.33  if the inmate is employed, between the times of employment.  The 
230.34  sheriff may not electronically monitor an offender who is 
230.35  sentenced for domestic assault under section 609.2242, unless 
230.36  the court directs otherwise.  The sheriff may assess the cost of 
231.1   electronic monitoring on the offender.  
231.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
231.3      Sec. 16.  Minnesota Statutes 2004, section 641.21, is 
231.4   amended to read: 
231.5      641.21 [JAIL, ADVICE AS TO CONSTRUCTION.] 
231.6      When any county board determines to purchase, lease or 
231.7   erect a new jail, or to repair an existing one at an expense of 
231.8   more than $5,000 $15,000, it shall pass a resolution to that 
231.9   effect, and transmit a copy thereof to the commissioner of 
231.10  corrections, who, within 30 days thereafter, shall transmit to 
231.11  that county board the advice and suggestions in reference to the 
231.12  purchase, lease or construction thereof as the commissioner 
231.13  deems proper. 
231.14     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
231.15     Sec. 17.  [REPEALER.] 
231.16     Minnesota Statutes 2004, section 243.162, is repealed. 
231.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
231.18                             ARTICLE 14
231.19                     COURTS AND PUBLIC DEFENDER
231.20     Section 1.  Minnesota Statutes 2004, section 2.722, 
231.21  subdivision 1, is amended to read: 
231.22     Subdivision 1.  [DESCRIPTION.] Effective July 1, 1959, the 
231.23  state is divided into ten judicial districts composed of the 
231.24  following named counties, respectively, in each of which 
231.25  districts judges shall be chosen as hereinafter specified: 
231.26     1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 
231.27  Sibley; 33 35 judges; and four permanent chambers shall be 
231.28  maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 
231.29  other shall be maintained at the place designated by the chief 
231.30  judge of the district; 
231.31     2.  Ramsey; 26 judges; 
231.32     3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 
231.33  Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent 
231.34  chambers shall be maintained in Faribault, Albert Lea, Austin, 
231.35  Rochester, and Winona; 
231.36     4.  Hennepin; 60 judges; 
232.1      5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 
232.2   Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 
232.3   Martin, and Jackson; 16 judges; and permanent chambers shall be 
232.4   maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; 
232.5      6.  Carlton, St. Louis, Lake, and Cook; 15 judges; 
232.6      7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 
232.7   Stearns, Todd, Clay, Becker, and Wadena; 25 28 judges; and 
232.8   permanent chambers shall be maintained in Moorhead, Fergus 
232.9   Falls, Little Falls, and St. Cloud; 
232.10     8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 
232.11  Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 
232.12  Traverse, and Wilkin; 11 judges; and permanent chambers shall be 
232.13  maintained in Morris, Montevideo, and Willmar; 
232.14     9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 
232.15  Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 
232.16  Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 
232.17  22 23 judges; and permanent chambers shall be maintained in 
232.18  Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 
232.19  and International Falls; and 
232.20     10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 
232.21  Chisago, and Washington; 41 44 judges; and permanent chambers 
232.22  shall be maintained in Anoka, Stillwater, and other places 
232.23  designated by the chief judge of the district. 
232.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
232.25     Sec. 2.  Minnesota Statutes 2004, section 357.021, 
232.26  subdivision 6, is amended to read: 
232.27     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
232.28  (a) The court shall impose and the court administrator shall 
232.29  collect a $60 $70 surcharge on every person convicted of any 
232.30  felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
232.31  offense, other than a violation of a law or ordinance relating 
232.32  to vehicle parking, for which there shall be a $3 $4 surcharge.  
232.33  In the Second Judicial District, the court shall impose, and the 
232.34  court administrator shall collect, an additional $1 surcharge on 
232.35  every person convicted of any felony, gross misdemeanor, 
232.36  misdemeanor, or petty misdemeanor offense, other than including 
233.1   a violation of a law or ordinance relating to vehicle parking, 
233.2   if the Ramsey County Board of Commissioners authorizes the $1 
233.3   surcharge.  The surcharge shall be imposed whether or not the 
233.4   person is sentenced to imprisonment or the sentence is stayed.  
233.5      (b) If the court fails to impose a surcharge as required by 
233.6   this subdivision, the court administrator shall show the 
233.7   imposition of the surcharge, collect the surcharge and correct 
233.8   the record. 
233.9      (c) The court may not waive payment of the surcharge 
233.10  required under this subdivision.  Upon a showing of indigency or 
233.11  undue hardship upon the convicted person or the convicted 
233.12  person's immediate family, the sentencing court may authorize 
233.13  payment of the surcharge in installments. 
233.14     (d) The court administrator or other entity collecting a 
233.15  surcharge shall forward it to the commissioner of finance. 
233.16     (e) If the convicted person is sentenced to imprisonment 
233.17  and has not paid the surcharge before the term of imprisonment 
233.18  begins, the chief executive officer of the correctional facility 
233.19  in which the convicted person is incarcerated shall collect the 
233.20  surcharge from any earnings the inmate accrues from work 
233.21  performed in the facility or while on conditional release.  The 
233.22  chief executive officer shall forward the amount collected to 
233.23  the commissioner of finance. 
233.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
233.25     Sec. 3.  Minnesota Statutes 2004, section 357.021, 
233.26  subdivision 7, is amended to read: 
233.27     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF 
233.28  FINANCE.] (a) Except as provided in paragraphs (b), (c), and 
233.29  (d), the commissioner of finance shall disburse surcharges 
233.30  received under subdivision 6 and section 97A.065, subdivision 2, 
233.31  as follows: 
233.32     (1) one percent shall be credited to the game and fish fund 
233.33  to provide peace officer training for employees of the 
233.34  Department of Natural Resources who are licensed under sections 
233.35  626.84 to 626.863, and who possess peace officer authority for 
233.36  the purpose of enforcing game and fish laws; 
234.1      (2) 39 percent shall be credited to the peace officers 
234.2   training account in the special revenue fund; and 
234.3      (3) 60 percent shall be credited to the general fund.  
234.4      (b) The commissioner of finance shall credit $3 of each 
234.5   surcharge received under subdivision 6 and section 97A.065, 
234.6   subdivision 2, to the general fund. 
234.7      (c) In addition to any amounts credited under paragraph 
234.8   (a), the commissioner of finance shall credit $32 $42 of each 
234.9   surcharge received under subdivision 6 and section 97A.065, 
234.10  subdivision 2, and the $3 parking surcharge, to the general fund.
234.11     (d) If the Ramsey County Board of Commissioners authorizes 
234.12  imposition of the additional $1 surcharge provided for in 
234.13  subdivision 6, paragraph (a), the court administrator in the 
234.14  Second Judicial District shall withhold $1 from each surcharge 
234.15  collected under subdivision 6.  The court administrator must use 
234.16  the withheld funds solely to fund the petty misdemeanor 
234.17  diversion program administered by the Ramsey County Violations 
234.18  Bureau.  The court administrator must transfer any unencumbered 
234.19  portion of the funds received under this subdivision to the 
234.20  commissioner of finance for distribution according to paragraphs 
234.21  (a) to (c) transmit the surcharge to the commissioner of finance.
234.22  The $1 special surcharge is deposited in a Ramsey County 
234.23  surcharge account in the special revenue fund and amounts in the 
234.24  account are appropriated to the trial courts for the 
234.25  administration of the petty misdemeanor diversion program 
234.26  operated by the Second Judicial District Ramsey County 
234.27  Violations Bureau. 
234.28     <b>[EFFECTIVE DATE.]</b> The change to paragraph (c) is effective 
234.29  July 1, 2005.  The changes to paragraph (d) are effective either 
234.30  the day after the governing body of Ramsey County authorizes 
234.31  imposition of the surcharge, or July 1, 2005, whichever is the 
234.32  later date, and applies to convictions on or after that date. 
234.33     Sec. 4.  Minnesota Statutes 2004, section 357.18, 
234.34  subdivision 3, is amended to read: 
234.35     Subd. 3.  [SURCHARGE.] In addition to the fees imposed in 
234.36  subdivision 1, a $4.50 $8.50 surcharge shall be collected:  on 
235.1   each fee charged under subdivision 1, clauses (1) and (6), and 
235.2   for each abstract certificate under subdivision 1, clause (4).  
235.3   Fifty cents of each surcharge shall be retained by the county to 
235.4   cover its administrative costs and $4 $8 shall be paid to the 
235.5   state treasury and credited to the general fund. 
235.6      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
235.7      Sec. 5.  Minnesota Statutes 2004, section 508.82, 
235.8   subdivision 1, is amended to read: 
235.9      Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
235.10  to the registrar shall be as follows: 
235.11     (1) of the fees provided herein, five percent of the fees 
235.12  collected under clauses (3), (5), (11), (13), (14), (16), and 
235.13  (17), for filing or memorializing shall be paid to the 
235.14  commissioner of finance and credited to the general fund; plus a 
235.15  $4.50 $8.50 surcharge shall be charged and collected in addition 
235.16  to the total fees charged for each transaction under clauses 
235.17  (2), (3), (5), (11), (13), (14), (16), and (17), with 50 cents 
235.18  of this surcharge to be retained by the county to cover its 
235.19  administrative costs, and $4 $8 to be paid to the state treasury 
235.20  and credited to the general fund; 
235.21     (2) for registering a first certificate of title, including 
235.22  issuing a copy of it, $30; 
235.23     (3) for registering each instrument transferring the fee 
235.24  simple title for which a new certificate of title is issued and 
235.25  for the registration of the new certificate of title, including 
235.26  a copy of it, $30; 
235.27     (4) for issuance of a CECT pursuant to section 508.351, 
235.28  $15; 
235.29     (5) for the entry of each memorial on a certificate, $15; 
235.30     (6) for issuing each residue certificate, $20; 
235.31     (7) for exchange certificates, $10 for each certificate 
235.32  canceled and $10 for each new certificate issued; 
235.33     (8) for each certificate showing condition of the register, 
235.34  $10; 
235.35     (9) for any certified copy of any instrument or writing on 
235.36  file in the registrar's office, the same fees allowed by law to 
236.1   county recorders for like services; 
236.2      (10) for a noncertified copy of any certificate of title, 
236.3   other than the copies issued under clauses (2) and (3), any 
236.4   instrument or writing on file in the office of the registrar of 
236.5   titles, or any specified page or part of it, an amount as 
236.6   determined by the county board for each page or fraction of a 
236.7   page specified.  If computer or microfilm printers are used to 
236.8   reproduce the instrument or writing, a like amount per image; 
236.9      (11) for filing two copies of any plat in the office of the 
236.10  registrar, $30; 
236.11     (12) for any other service under this chapter, such fee as 
236.12  the court shall determine; 
236.13     (13) for filing an amendment to a declaration in accordance 
236.14  with chapter 515, $10 for each certificate upon which the 
236.15  document is registered and $30 for an amended floor plan filed 
236.16  in accordance with chapter 515; 
236.17     (14) for filing an amendment to a common interest community 
236.18  declaration and plat or amendment complying with section 
236.19  515B.2-110, subsection (c), $10 for each certificate upon which 
236.20  the document is registered and $30 for the filing of the 
236.21  condominium or common interest community plat or amendment; 
236.22     (15) for a copy of a condominium floor plan filed in 
236.23  accordance with chapter 515, or a copy of a common interest 
236.24  community plat complying with section 515B.2-110, subsection 
236.25  (c), the fee shall be $1 for each page of the floor plan or 
236.26  common interest community plat with a minimum fee of $10; 
236.27     (16) for the filing of a certified copy of a plat of the 
236.28  survey pursuant to section 508.23 or 508.671, $10; 
236.29     (17) for filing a registered land survey in triplicate in 
236.30  accordance with section 508.47, subdivision 4, $30; and 
236.31     (18) for furnishing a certified copy of a registered land 
236.32  survey in accordance with section 508.47, subdivision 4, $10. 
236.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
236.34     Sec. 6.  Minnesota Statutes 2004, section 508A.82, 
236.35  subdivision 1, is amended to read: 
236.36     Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
237.1   to the registrar shall be as follows:  
237.2      (1) of the fees provided herein, five percent of the fees 
237.3   collected under clauses (3), (5), (11), (13), (14), and (17), 
237.4   for filing or memorializing shall be paid to the commissioner of 
237.5   finance and credited to the general fund; plus a $4.50 $8.50 
237.6   surcharge shall be charged and collected in addition to the 
237.7   total fees charged for each transaction under clauses (2), (3), 
237.8   (5), (11), (13), (14), and (17), with 50 cents of this surcharge 
237.9   to be retained by the county to cover its administrative costs, 
237.10  and $4 $8 to be paid to the state treasury and credited to the 
237.11  general fund; 
237.12     (2) for registering a first CPT, including issuing a copy 
237.13  of it, $30; 
237.14     (3) for registering each instrument transferring the fee 
237.15  simple title for which a new CPT is issued and for the 
237.16  registration of the new CPT, including a copy of it, $30; 
237.17     (4) for issuance of a CECT pursuant to section 508A.351, 
237.18  $15; 
237.19     (5) for the entry of each memorial on a CPT, $15; 
237.20     (6) for issuing each residue CPT, $20; 
237.21     (7) for exchange CPTs or combined certificates of title, 
237.22  $10 for each CPT and certificate of title canceled and $10 for 
237.23  each new CPT or combined certificate of title issued; 
237.24     (8) for each CPT showing condition of the register, $10; 
237.25     (9) for any certified copy of any instrument or writing on 
237.26  file in the registrar's office, the same fees allowed by law to 
237.27  county recorders for like services; 
237.28     (10) for a noncertified copy of any CPT, other than the 
237.29  copies issued under clauses (2) and (3), any instrument or 
237.30  writing on file in the office of the registrar of titles, or any 
237.31  specified page or part of it, an amount as determined by the 
237.32  county board for each page or fraction of a page specified.  If 
237.33  computer or microfilm printers are used to reproduce the 
237.34  instrument or writing, a like amount per image; 
237.35     (11) for filing two copies of any plat in the office of the 
237.36  registrar, $30; 
238.1      (12) for any other service under sections 508A.01 to 
238.2   508A.85, the fee the court shall determine; 
238.3      (13) for filing an amendment to a declaration in accordance 
238.4   with chapter 515, $10 for each certificate upon which the 
238.5   document is registered and $30 for an amended floor plan filed 
238.6   in accordance with chapter 515; 
238.7      (14) for filing an amendment to a common interest community 
238.8   declaration and plat or amendment complying with section 
238.9   515B.2-110, subsection (c), and issuing a CECT if required, $10 
238.10  for each certificate upon which the document is registered and 
238.11  $30 for the filing of the condominium or common interest 
238.12  community plat or amendment; 
238.13     (15) for a copy of a condominium floor plan filed in 
238.14  accordance with chapter 515, or a copy of a common interest 
238.15  community plat complying with section 515B.2-110, subsection 
238.16  (c), the fee shall be $1 for each page of the floor plan, or 
238.17  common interest community plat with a minimum fee of $10; 
238.18     (16) in counties in which the compensation of the examiner 
238.19  of titles is paid in the same manner as the compensation of 
238.20  other county employees, for each parcel of land contained in the 
238.21  application for a CPT, as the number of parcels is determined by 
238.22  the examiner, a fee which is reasonable and which reflects the 
238.23  actual cost to the county, established by the board of county 
238.24  commissioners of the county in which the land is located; 
238.25     (17) for filing a registered land survey in triplicate in 
238.26  accordance with section 508A.47, subdivision 4, $30; and 
238.27     (18) for furnishing a certified copy of a registered land 
238.28  survey in accordance with section 508A.47, subdivision 4, $10. 
238.29     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
238.30     Sec. 7.  [545A.01] [APPEAL OF PRETRIAL ORDERS; ATTORNEY 
238.31  FEES; DEFENDANT; NOT GOVERNMENT RESPONSIBILITY.] 
238.32     (a) Notwithstanding Rule 28.04, subdivision 2, clause (6), 
238.33  of the Rules of Criminal Procedure, the government unit is not 
238.34  required to pay the attorney fees and costs incurred by the 
238.35  defendant on the unit's appeal of the following: 
238.36     (1) in any case, from a pretrial order of the trial court; 
239.1      (2) in felony cases, from any sentence imposed or stayed by 
239.2   the trial court; 
239.3      (3) in any case, from an order granting postconviction 
239.4   relief; 
239.5      (4) in any case, from a judgment of acquittal by the trial 
239.6   court entered after the jury returns a verdict of guilty under 
239.7   Rule 26.03, subdivision 17, clause (2) or (3), of the Rules of 
239.8   Criminal Procedure; and 
239.9      (5) in any case, from an order of the trial court vacating 
239.10  judgment and dismissing the case made after the jury returns a 
239.11  verdict of guilty under Rule 26.04, subdivision 2, of the Rules 
239.12  of Criminal Procedure. 
239.13     (b) Paragraph (a) does not apply if the defendant is 
239.14  represented by the public defender in this matter. 
239.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
239.16     Sec. 8.  Minnesota Statutes 2004, section 590.01, 
239.17  subdivision 1, is amended to read: 
239.18     Subdivision 1.  [PETITION.] Except at a time when direct 
239.19  appellate relief is available, a person convicted of a crime, 
239.20  who claims that: 
239.21     (1) the conviction obtained or the sentence or other 
239.22  disposition made violated the person's rights under the 
239.23  Constitution or laws of the United States or of the state; or 
239.24     (2) scientific evidence not available at trial, obtained 
239.25  pursuant to a motion granted under subdivision 1a, establishes 
239.26  the petitioner's actual innocence; 
239.27  may commence a proceeding to secure relief by filing a petition 
239.28  in the district court in the county in which the conviction was 
239.29  had to vacate and set aside the judgment and to discharge the 
239.30  petitioner or to resentence the petitioner or grant a new trial 
239.31  or correct the sentence or make other disposition as may be 
239.32  appropriate.  A petition for postconviction relief after a 
239.33  direct appeal has been completed may not be based on grounds 
239.34  that could have been raised on direct appeal of the conviction 
239.35  or sentence.  Nothing contained herein shall prevent the Supreme 
239.36  Court or the Court of Appeals, upon application by a party, from 
240.1   granting a stay of a case on appeal for the purpose of allowing 
240.2   an appellant to apply to the district court for an evidentiary 
240.3   hearing under the provisions of this chapter.  The proceeding 
240.4   shall conform with sections 590.01 to 590.06.  
240.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
240.6      Sec. 9.  Minnesota Statutes 2004, section 590.01, is 
240.7   amended by adding a subdivision to read: 
240.8      Subd. 4.  [TIME LIMIT.] (a) No petition for postconviction 
240.9   relief may be filed more than two years after the later of: 
240.10     (1) the entry of judgment of conviction or sentence if no 
240.11  direct appeal is filed; or 
240.12     (2) an appellate court's disposition of petitioner's direct 
240.13  appeal. 
240.14     (b) Notwithstanding paragraph (a), a court may hear a 
240.15  petition for postconviction relief if: 
240.16     (1) the petitioner establishes that a physical disability 
240.17  or mental disease precluded a timely assertion of the claim; 
240.18     (2) the petitioner alleges the existence of newly 
240.19  discovered evidence, including scientific evidence, that could 
240.20  not have been ascertained by the exercise of due diligence by 
240.21  the petitioner or petitioner's attorney within the two-year time 
240.22  period for filing a postconviction petition, and the evidence is 
240.23  not cumulative to evidence presented at trial, is not for 
240.24  impeachment purposes, and establishes by a clear and convincing 
240.25  standard that the petitioner is innocent of the offense or 
240.26  offenses for which the petitioner was convicted; 
240.27     (3) the petitioner asserts a new interpretation of federal 
240.28  or state constitutional or statutory law by either the United 
240.29  States Supreme Court or a Minnesota appellate court and the 
240.30  petitioner establishes that this interpretation is retroactively 
240.31  applicable to the petitioner's case; 
240.32     (4) the petition is brought pursuant to subdivision 3; or 
240.33     (5) the petitioner establishes to the satisfaction of the 
240.34  court that the petition is not frivolous and is in the interests 
240.35  of justice.  
240.36     (c) Any petition invoking an exception provided in 
241.1   paragraph (b) must be filed within two years of the date the 
241.2   claim arises. 
241.3      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
241.4   Any person whose conviction became final before August 1, 2005, 
241.5   shall have two years after the effective date of this act to 
241.6   file a petition for postconviction relief. 
241.7      Sec. 10.  Minnesota Statutes 2004, section 609.115, is 
241.8   amended by adding a subdivision to read: 
241.9      Subd. 2a.  [SENTENCING WORKSHEET; SENTENCING GUIDELINES 
241.10  COMMISSION.] If the defendant has been convicted of a felony, 
241.11  including a felony for which a mandatory life sentence is 
241.12  required by law, the court shall cause a sentencing worksheet as 
241.13  provided in subdivision 1 to be completed and forwarded to the 
241.14  Sentencing Guidelines Commission. 
241.15     For the purpose of this section, "mandatory life sentence" 
241.16  means a sentence under section 609.106, subdivision 2; 609.109, 
241.17  subdivision 3; 609.185; 609.342, subdivision 2; 609.343, 
241.18  subdivision 2; 609.344, subdivision 2; 609.345, subdivision 2; 
241.19  609.3453, subdivision 2; or 609.385, subdivision 2, and governed 
241.20  by section 244.05. 
241.21     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
241.22     Sec. 11.  Minnesota Statutes 2004, section 611.14, is 
241.23  amended to read: 
241.24     611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
241.25     The following persons who are financially unable to obtain 
241.26  counsel are entitled to be represented by a public defender: 
241.27     (1) a person charged with a felony, gross misdemeanor, or 
241.28  misdemeanor including a person charged under sections 629.01 to 
241.29  629.29; 
241.30     (2) a person appealing from a conviction of a felony or 
241.31  gross misdemeanor, or a person convicted of a felony or gross 
241.32  misdemeanor, who is pursuing a postconviction proceeding and who 
241.33  has not already had a direct appeal of the conviction, but if 
241.34  the person pled guilty and received a presumptive sentence or a 
241.35  downward departure in sentence, and the state public defender 
241.36  reviewed the person's case and determined that there was no 
242.1   basis for an appeal of the conviction or of the sentence, then 
242.2   the state public defender may decline to represent the person in 
242.3   a postconviction remedy case; 
242.4      (3) a person who is entitled to be represented by counsel 
242.5   under section 609.14, subdivision 2; or 
242.6      (4) a minor ten years of age or older who is entitled to be 
242.7   represented by counsel under section 260B.163, subdivision 4, or 
242.8   260C.163, subdivision 3.  
242.9      The Board of Public Defense must not provide or pay for 
242.10  public defender services to persons other than those entitled to 
242.11  representation under this section. 
242.12     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
242.13     Sec. 12.  Minnesota Statutes 2004, section 611.16, is 
242.14  amended to read: 
242.15     611.16 [REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.] 
242.16     Any person described in section 611.14 or any other person 
242.17  entitled by law to representation by counsel, may at any time 
242.18  request the court in which the matter is pending, or the court 
242.19  in which the conviction occurred, to appoint a public defender 
242.20  to represent the person.  In a proceeding defined by clause (2) 
242.21  of section 611.14, application for the appointment of a public 
242.22  defender may also be made to a judge of the Supreme Court.  
242.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
242.24  and applies to crimes committed on or after that date. 
242.25     Sec. 13.  Minnesota Statutes 2004, section 611.25, 
242.26  subdivision 1, is amended to read: 
242.27     Subdivision 1.  [REPRESENTATION.] (a) The state public 
242.28  defender shall represent, without charge: 
242.29     (1) a defendant or other person appealing from a conviction 
242.30  of a felony or gross misdemeanor; 
242.31     (2) a person convicted of a felony or gross misdemeanor who 
242.32  is pursuing a postconviction proceeding and who has not already 
242.33  had a direct appeal of the conviction, but if the person pled 
242.34  guilty and received a presumptive sentence or a downward 
242.35  departure in sentence, and the state public defender reviewed 
242.36  the person's case and determined that there was no basis for an 
243.1   appeal of the conviction or of the sentence, then the state 
243.2   public defender may decline to represent the person in a 
243.3   postconviction remedy case; and 
243.4      (3) a child who is appealing from a delinquency 
243.5   adjudication or from an extended jurisdiction juvenile 
243.6   conviction. 
243.7      (b) The state public defender may represent, without 
243.8   charge, all other persons pursuing a postconviction remedy under 
243.9   section 590.01, who are financially unable to obtain counsel.  
243.10     (c) The state public defender shall represent any other 
243.11  person, who is financially unable to obtain counsel, when 
243.12  directed to do so by the Supreme Court or the Court of Appeals, 
243.13  except that The state public defender shall not represent a 
243.14  person in any action or proceeding in which a party is seeking a 
243.15  monetary judgment, recovery or award.  When requested by a 
243.16  district public defender or appointed counsel, the state public 
243.17  defender may assist the district public defender, appointed 
243.18  counsel, or an organization designated in section 611.216 in the 
243.19  performance of duties, including trial representation in matters 
243.20  involving legal conflicts of interest or other special 
243.21  circumstances, and assistance with legal research and brief 
243.22  preparation.  When the state public defender is directed by a 
243.23  court to represent a defendant or other person, the state public 
243.24  defender may assign the representation to any district public 
243.25  defender. 
243.26     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
243.27  and applies to crimes committed on or after that date. 
243.28     Sec. 14.  Minnesota Statutes 2004, section 611.272, is 
243.29  amended to read: 
243.30     611.272 [ACCESS TO GOVERNMENT DATA.] 
243.31     The district public defender, the state public defender, or 
243.32  an attorney working for a public defense corporation under 
243.33  section 611.216 has access to the criminal justice data 
243.34  communications network described in section 299C.46, as provided 
243.35  in this section.  Access to data under this section is limited 
243.36  to data regarding the public defender's own client as necessary 
244.1   to prepare criminal cases in which the public defender has been 
244.2   appointed, including as follows: 
244.3      (1) access to data about witnesses in a criminal case shall 
244.4   be limited to records of criminal convictions; and 
244.5      (2) access to data regarding the public defender's own 
244.6   client which includes, but is not limited to, criminal history 
244.7   data under section 13.87; juvenile offender data under section 
244.8   299C.095; warrant information data under section 299C.115; 
244.9   incarceration data under section 299C.14; conditional release 
244.10  data under section 299C.147; and diversion program data under 
244.11  section 299C.46, subdivision 5. 
244.12  The public defender has access to data under this section, 
244.13  whether accessed via CriMNet or other methods.  The public 
244.14  defender does not have access to law enforcement active 
244.15  investigative data under section 13.82, subdivision 7; data 
244.16  protected under section 13.82, subdivision 17; or confidential 
244.17  arrest warrant indices data under section 13.82, subdivision 19; 
244.18  or data systems maintained by a prosecuting attorney.  The 
244.19  public defender has access to the data at no charge, except for 
244.20  the monthly network access charge under section 299C.46, 
244.21  subdivision 3, paragraph (b), and a reasonable installation 
244.22  charge for a terminal.  Notwithstanding section 13.87, 
244.23  subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, 
244.24  or any other law to the contrary, there shall be no charge to 
244.25  public defenders for Internet access to the criminal justice 
244.26  data communications network. 
244.27     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
244.28     Sec. 15.  [611.273] [SURPLUS PROPERTY.] 
244.29     Notwithstanding the provisions of Minnesota Statutes, 
244.30  sections 15.054 and 16C.23, the Board of Public Defense, in its 
244.31  sole discretion, may provide surplus computers to its part-time 
244.32  employees for their use. 
244.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
244.34     Sec. 16.  Minnesota Statutes 2004, section 626.04, is 
244.35  amended to read: 
244.36     626.04 [PROPERTY; SEIZURE, KEEPING, AND DISPOSAL.] 
245.1      (a) When any officer seizes, with or without warrant, any 
245.2   property or thing, it shall be safely kept by direction of the 
245.3   court as long as necessary for the purpose of being produced as 
245.4   evidence on any trial.  If the owner of the property makes a 
245.5   written request to the seizing officer's agency for return of 
245.6   the property, and the property has not been returned within 48 
245.7   hours of the request, excluding Saturday, Sunday, or legal 
245.8   holidays, the person whose property has been seized may file a 
245.9   petition for the return of the property in the district court in 
245.10  the district in which the property was seized.  The court 
245.11  administrator shall provide a form for use as a petition under 
245.12  this section.  A filing fee, equal to the civil motion filing 
245.13  fee shall be required for filing the petition.  The district 
245.14  court shall send a copy of the petition to the agency acting as 
245.15  custodian of the property with at least ten days notice of a 
245.16  hearing date.  A hearing on the petition shall be held within 30 
245.17  days of filing unless good cause is shown for an extension of 
245.18  time.  The determination of the petition must be without jury 
245.19  trial and by a simple and informal procedure.  At the hearing, 
245.20  the court may receive relevant evidence on any issue of fact 
245.21  necessary to the decision on the petition without regard to 
245.22  whether the evidence would be admissible under the Minnesota 
245.23  Rules of Evidence.  The court shall allow if requested, or on 
245.24  its own motion may require, the custodian or the custodian's 
245.25  designee to summarize the status and progress of an ongoing 
245.26  investigation that led to the seizure.  Any such summary shall 
245.27  be done ex parte and only the custodian, the custodian's 
245.28  designee, and their attorneys may be present with the court and 
245.29  court staff.  The court shall seal the ex parte record.  After a 
245.30  hearing, the court shall not order the return if it finds that: 
245.31     (1) the property is being held in good faith as potential 
245.32  evidence in any matter, charged or uncharged; 
245.33     (2) the property may be subject to forfeiture proceedings; 
245.34     (3) the property is contraband or may contain contraband; 
245.35  or 
245.36     (4) the property is subject to other lawful retention.  
246.1      (b) The court shall make findings on each of these issues 
246.2   as part of its order.  If the property is ordered returned, the 
246.3   petitioner shall not be liable for any storage costs incurred 
246.4   from the date the petition was filed.  If the petition is 
246.5   denied, the court may award reasonable costs and attorney fees.  
246.6   After the trial for which the property was being held as 
246.7   potential evidence, and the expiration date for all associated 
246.8   appeals, the property or thing shall, unless otherwise subject 
246.9   to lawful detention, be returned to its owner or any other 
246.10  person entitled to possess it.  Any property or thing seized may 
246.11  be destroyed or otherwise disposed of under the direction of the 
246.12  court.  Any money found in gambling devices when seized shall be 
246.13  paid into the county treasury.  If the gambling devices are 
246.14  seized by a police officer of a municipality, the money shall be 
246.15  paid into the treasury of the municipality. 
246.16     Sec. 17.  [COLLATERAL SANCTIONS CROSS-REFERENCES; CREATION 
246.17  OF A NEW TABLE.] 
246.18     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
246.19     (1) "automatically" means either by operation of law or by 
246.20  the mandated action of a designated official or agency; and 
246.21     (2) "collateral sanction" means a legal penalty, 
246.22  disability, or disadvantage, however denominated, that is 
246.23  imposed on a person automatically when that person is convicted 
246.24  of or found to have committed a crime, even if the sanction is 
246.25  not included in the sentence.  Collateral sanction does not 
246.26  include: 
246.27     (i) a direct consequence of the crime such as a criminal 
246.28  fine, restitution, or incarceration; or 
246.29     (ii) a requirement imposed by the sentencing court or other 
246.30  designated official or agency that the convicted person provide 
246.31  a biological specimen for DNA analysis, provide fingerprints, or 
246.32  submit to any form of assessment or testing. 
246.33     Subd. 2.  [REVISOR INSTRUCTION.] The revisor of statutes 
246.34  shall publish a table in Minnesota Statutes that contains 
246.35  cross-references to Minnesota laws imposing collateral 
246.36  sanctions.  The revisor shall create a structure that 
247.1   categorizes these laws in a useful way to users and provides 
247.2   them with quick access to the cross-referenced laws.  The 
247.3   revisor may consider, but is not limited to, using the following 
247.4   categories in the new table: 
247.5      (1) collateral sanctions relating to employment and 
247.6   occupational licensing; 
247.7      (2) collateral sanctions relating to driving and motor 
247.8   vehicles; 
247.9      (3) collateral sanctions relating to public safety; 
247.10     (4) collateral sanctions relating to eligibility for 
247.11  services and benefits; 
247.12     (5) collateral sanctions relating to property rights; 
247.13     (6) collateral sanctions relating to civil rights and 
247.14  remedies; and 
247.15     (7) collateral sanctions relating to recreational 
247.16  activities. 
247.17     Subd. 3.  [CAUTIONARY LANGUAGE.] The revisor shall include 
247.18  appropriate cautionary language with the table that notifies 
247.19  users of the following types of issues: 
247.20     (1) that the list of collateral sanctions laws is intended 
247.21  to be comprehensive but is not necessarily complete; 
247.22     (2) that the inclusion or exclusion of a collateral 
247.23  sanction is not intended to have any substantive legal effect; 
247.24     (3) that the cross-references used are intended solely to 
247.25  indicate the contents of the cross-referenced section or 
247.26  subdivision and are not part of the cross-referenced statute; 
247.27     (4) that the cross-references are not substantive and may 
247.28  not be used to construe or limit the meaning of any statutory 
247.29  language; and 
247.30     (5) that users must consult the language of each 
247.31  cross-referenced law to fully understand the scope and effect of 
247.32  the collateral sanction it imposes. 
247.33     Subd. 4.  [CONSULTATION WITH LEGISLATORS AND LEGISLATIVE 
247.34  STAFF.] The revisor shall consult with legislative staff and the 
247.35  chairs of the senate and house committees having jurisdiction 
247.36  over criminal justice matters to identify laws that impose 
248.1   collateral sanctions and develop the appropriate categories and 
248.2   cross-references to use in the new table. 
248.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
248.4      Sec. 18.  [RAMSEY COUNTY COURT COMMISSIONER.] 
248.5      The chief justice of the Supreme Court may assign a retired 
248.6   court commissioner to act in Ramsey County as a commissioner of 
248.7   the district court.  The commissioner may perform duties 
248.8   assigned by the chief judge of the judicial district with the 
248.9   powers provided by Minnesota Statutes, section 489.02.  This 
248.10  section expires December 31, 2025. 
248.11     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
248.12     Sec. 19.  [REPEALER.] 
248.13     Minnesota Statutes 2004, sections 611.18 and 624.04 are 
248.14  repealed. 
248.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
248.16                             ARTICLE 15
248.17                          CHILD PROTECTION
248.18     Section 1.  Minnesota Statutes 2004, section 259.24, 
248.19  subdivision 1, is amended to read: 
248.20     Subdivision 1.  [EXCEPTIONS.] No child shall be adopted 
248.21  without the consent of the child's parents and the child's 
248.22  guardian, if there be one, except in the following instances: 
248.23     (a) Consent shall not be required of a parent not entitled 
248.24  to notice of the proceedings.  
248.25     (b) Consent shall not be required of a parent who has 
248.26  abandoned the child, or of a parent who has lost custody of the 
248.27  child through a divorce decree or a decree of dissolution, and 
248.28  upon whom notice has been served as required by section 259.49. 
248.29     (c) Consent shall not be required of a parent whose 
248.30  parental rights to the child have been terminated by a juvenile 
248.31  court or who has lost custody of a child through a final 
248.32  commitment of the juvenile court or through a decree in a prior 
248.33  adoption proceeding. 
248.34     (d) If there be no parent or guardian qualified to consent 
248.35  to the adoption, the consent may shall be given by the 
248.36  commissioner.  After the court accepts a parent's consent to the 
249.1   adoption under section 260C.201, subdivision 11, consent by the 
249.2   commissioner or commissioner's delegate is also necessary.  
249.3   Agreement to the identified prospective adoptive parent by the 
249.4   responsible social services agency under section 260C.201, 
249.5   subdivision 11, does not constitute the required consent. 
249.6      (e) The commissioner or agency having authority to place a 
249.7   child for adoption pursuant to section 259.25, subdivision 1, 
249.8   shall have the exclusive right to consent to the adoption of 
249.9   such child.  The commissioner or agency shall make every effort 
249.10  to place siblings together for adoption.  Notwithstanding any 
249.11  rule to the contrary, the commissioner may delegate the right to 
249.12  consent to the adoption or separation of siblings, if it is in 
249.13  the child's best interest, to a local social services agency.  
249.14     Sec. 2.  Minnesota Statutes 2004, section 259.24, 
249.15  subdivision 2a, is amended to read: 
249.16     Subd. 2a.  [TIME OF CONSENT; NOTICE OF INTENT TO CONSENT TO 
249.17  ADOPTION.] (a) Not sooner than 72 hours after the birth of a 
249.18  child and not later than 60 days after the child's placement in 
249.19  a prospective adoptive home, a person whose consent is required 
249.20  under this section shall execute a consent. 
249.21     (b) Unless all birth parents from whom consent is required 
249.22  under this section are involved in making the adoptive placement 
249.23  and intend to consent to the adoption, a birth parent who 
249.24  intends to execute a consent to an adoption must give notice to 
249.25  the child's other birth parent of the intent to consent to the 
249.26  adoption prior to or within 72 hours following the placement of 
249.27  the child, if the other birth parent's consent to the adoption 
249.28  is required under subdivision 1.  The birth parent who receives 
249.29  notice shall have 60 days after the placement of the child to 
249.30  either consent or refuse to consent to the adoption.  If the 
249.31  birth parent who receives notice fails to take either of these 
249.32  actions, that parent shall be deemed to have irrevocably 
249.33  consented to the child's adoption.  The notice provisions of 
249.34  chapter 260C and the rules of juvenile protection procedure 
249.35  shall apply to both parents when the consent to adopt is 
249.36  executed under section 260C.201, subdivision 11. 
250.1      (c) When notice is required under this subdivision, it 
250.2   shall be provided to the other birth parent according to the 
250.3   Rules of Civil Procedure for service of a summons and complaint. 
250.4      Sec. 3.  Minnesota Statutes 2004, section 259.24, 
250.5   subdivision 5, is amended to read: 
250.6      Subd. 5.  [EXECUTION.] All consents to an adoption shall be 
250.7   in writing, executed before two competent witnesses, and 
250.8   acknowledged by the consenting party.  In addition, all consents 
250.9   to an adoption, except those by the commissioner, the 
250.10  commissioner's agent, a licensed child-placing agency, an adult 
250.11  adoptee, or the child's parent in a petition for adoption by a 
250.12  stepparent, shall be executed before a representative of the 
250.13  commissioner, the commissioner's agent, or a licensed 
250.14  child-placing agency.  All consents by a parent: 
250.15     (1) shall contain notice to the parent of the substance of 
250.16  subdivision 6a, providing for the right to withdraw 
250.17  consent unless the parent will not have the right to withdraw 
250.18  consent because consent was executed under section 260C.201, 
250.19  subdivision 11, following proper notice that consent given under 
250.20  that provision is irrevocable upon acceptance by the court as 
250.21  provided in subdivision 6a; and 
250.22     (2) shall contain the following written notice in all 
250.23  capital letters at least one-eighth inch high: 
250.24     "This agency will submit your consent to adoption to the 
250.25  court.  The consent itself does not terminate your parental 
250.26  rights.  Parental rights to a child may be terminated only by an 
250.27  adoption decree or by a court order terminating parental 
250.28  rights.  Unless the child is adopted or your parental rights are 
250.29  terminated, you may be asked to support the child."  
250.30     Consents shall be filed in the adoption proceedings at any 
250.31  time before the matter is heard provided, however, that a 
250.32  consent executed and acknowledged outside of this state, either 
250.33  in accordance with the law of this state or in accordance with 
250.34  the law of the place where executed, is valid. 
250.35     Sec. 4.  Minnesota Statutes 2004, section 259.24, 
250.36  subdivision 6a, is amended to read: 
251.1      Subd. 6a.  [WITHDRAWAL OF CONSENT.] Except for consents 
251.2   executed under section 260C.201, subdivision 11, a parent's 
251.3   consent to adoption may be withdrawn for any reason within ten 
251.4   working days after the consent is executed and acknowledged.  
251.5   Written notification of withdrawal of consent must be received 
251.6   by the agency to which the child was surrendered no later than 
251.7   the tenth working day after the consent is executed and 
251.8   acknowledged.  On the day following the tenth working day after 
251.9   execution and acknowledgment, the consent shall become 
251.10  irrevocable, except upon order of a court of competent 
251.11  jurisdiction after written findings that consent was obtained by 
251.12  fraud.  A consent to adopt executed under section 260C.201, 
251.13  subdivision 11, is irrevocable upon proper notice to both 
251.14  parents of the effect of a consent to adopt and acceptance by 
251.15  the court, except upon order of the same court after written 
251.16  findings that the consent was obtained by fraud.  In proceedings 
251.17  to determine the existence of fraud, the adoptive parents and 
251.18  the child shall be made parties.  The proceedings shall be 
251.19  conducted to preserve the confidentiality of the adoption 
251.20  process.  There shall be no presumption in the proceedings 
251.21  favoring the birth parents over the adoptive parents. 
251.22     Sec. 5.  Minnesota Statutes 2004, section 260C.201, 
251.23  subdivision 11, is amended to read: 
251.24     Subd. 11.  [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT 
251.25  PLACEMENT DETERMINATION.] (a) This subdivision and subdivision 
251.26  11a do not apply in cases where the child is in placement due 
251.27  solely to the child's developmental disability or emotional 
251.28  disturbance, where legal custody has not been transferred to the 
251.29  responsible social services agency, and where the court finds 
251.30  compelling reasons under section 260C.007, subdivision 8, to 
251.31  continue the child in foster care past the time periods 
251.32  specified in this subdivision.  Foster care placements of 
251.33  children due solely to their disability are governed by section 
251.34  260C.141, subdivision 2b.  In all other cases where the child is 
251.35  in foster care or in the care of a noncustodial parent under 
251.36  subdivision 1, the court shall conduct a hearing to determine 
252.1   the permanent status of a child not later than 12 months after 
252.2   the child is placed in foster care or in the care of a 
252.3   noncustodial parent. 
252.4      For purposes of this subdivision, the date of the child's 
252.5   placement in foster care is the earlier of the first 
252.6   court-ordered placement or 60 days after the date on which the 
252.7   child has been voluntarily placed in foster care by the child's 
252.8   parent or guardian.  For purposes of this subdivision, time 
252.9   spent by a child under the protective supervision of the 
252.10  responsible social services agency in the home of a noncustodial 
252.11  parent pursuant to an order under subdivision 1 counts towards 
252.12  the requirement of a permanency hearing under this subdivision 
252.13  or subdivision 11a. 
252.14     For purposes of this subdivision, 12 months is calculated 
252.15  as follows: 
252.16     (1) during the pendency of a petition alleging that a child 
252.17  is in need of protection or services, all time periods when a 
252.18  child is placed in foster care or in the home of a noncustodial 
252.19  parent are cumulated; 
252.20     (2) if a child has been placed in foster care within the 
252.21  previous five years under one or more previous petitions, the 
252.22  lengths of all prior time periods when the child was placed in 
252.23  foster care within the previous five years are cumulated.  If a 
252.24  child under this clause has been in foster care for 12 months or 
252.25  more, the court, if it is in the best interests of the child and 
252.26  for compelling reasons, may extend the total time the child may 
252.27  continue out of the home under the current petition up to an 
252.28  additional six months before making a permanency determination.  
252.29     (b) Unless the responsible social services agency 
252.30  recommends return of the child to the custodial parent or 
252.31  parents, not later than 30 days prior to this hearing, the 
252.32  responsible social services agency shall file pleadings in 
252.33  juvenile court to establish the basis for the juvenile court to 
252.34  order permanent placement of the child according to paragraph 
252.35  (d).  Notice of the hearing and copies of the pleadings must be 
252.36  provided pursuant to section 260C.152.  If a termination of 
253.1   parental rights petition is filed before the date required for 
253.2   the permanency planning determination and there is a trial under 
253.3   section 260C.163 scheduled on that petition within 90 days of 
253.4   the filing of the petition, no hearing need be conducted under 
253.5   this subdivision.  
253.6      (c) At the conclusion of the hearing, the court shall order 
253.7   the child returned to the care of the parent or guardian from 
253.8   whom the child was removed or order a permanent placement in the 
253.9   child's best interests.  The "best interests of the child" means 
253.10  all relevant factors to be considered and evaluated.  Transfer 
253.11  of permanent legal and physical custody, termination of parental 
253.12  rights, or guardianship and legal custody to the commissioner 
253.13  through a consent to adopt are preferred permanency options for 
253.14  a child who cannot return home. 
253.15     (d) If the child is not returned to the home, the court 
253.16  must order one of the following dispositions: 
253.17     (1) permanent legal and physical custody to a relative in 
253.18  the best interests of the child according to the following 
253.19  conditions: 
253.20     (i) an order for transfer of permanent legal and physical 
253.21  custody to a relative shall only be made after the court has 
253.22  reviewed the suitability of the prospective legal and physical 
253.23  custodian; 
253.24     (ii) in transferring permanent legal and physical custody 
253.25  to a relative, the juvenile court shall follow the standards 
253.26  applicable under this chapter and chapter 260, and the 
253.27  procedures set out in the juvenile court rules; 
253.28     (iii) an order establishing permanent legal and physical 
253.29  custody under this subdivision must be filed with the family 
253.30  court; 
253.31     (iv) a transfer of legal and physical custody includes 
253.32  responsibility for the protection, education, care, and control 
253.33  of the child and decision making on behalf of the child; 
253.34     (v) the social services agency may bring a petition or 
253.35  motion naming a fit and willing relative as a proposed permanent 
253.36  legal and physical custodian.  The commissioner of human 
254.1   services shall annually prepare for counties information that 
254.2   must be given to proposed custodians about their legal rights 
254.3   and obligations as custodians together with information on 
254.4   financial and medical benefits for which the child is eligible; 
254.5   and 
254.6      (vi) the juvenile court may maintain jurisdiction over the 
254.7   responsible social services agency, the parents or guardian of 
254.8   the child, the child, and the permanent legal and physical 
254.9   custodian for purposes of ensuring appropriate services are 
254.10  delivered to the child and permanent legal custodian or for the 
254.11  purpose of ensuring conditions ordered by the court related to 
254.12  the care and custody of the child are met; 
254.13     (2) termination of parental rights according to the 
254.14  following conditions: 
254.15     (i) unless the social services agency has already filed a 
254.16  petition for termination of parental rights under section 
254.17  260C.307, the court may order such a petition filed and all the 
254.18  requirements of sections 260C.301 to 260C.328 remain applicable; 
254.19  and 
254.20     (ii) an adoption completed subsequent to a determination 
254.21  under this subdivision may include an agreement for 
254.22  communication or contact under section 259.58; 
254.23     (3) long-term foster care according to the following 
254.24  conditions: 
254.25     (i) the court may order a child into long-term foster care 
254.26  only if it finds compelling reasons that neither an award of 
254.27  permanent legal and physical custody to a relative, nor 
254.28  termination of parental rights is in the child's best interests; 
254.29  and 
254.30     (ii) further, the court may only order long-term foster 
254.31  care for the child under this section if it finds the following: 
254.32     (A) the child has reached age 12 and reasonable efforts by 
254.33  the responsible social services agency have failed to locate an 
254.34  adoptive family for the child; or 
254.35     (B) the child is a sibling of a child described in subitem 
254.36  (A) and the siblings have a significant positive relationship 
255.1   and are ordered into the same long-term foster care home; 
255.2      (4) foster care for a specified period of time according to 
255.3   the following conditions: 
255.4      (i) foster care for a specified period of time may be 
255.5   ordered only if: 
255.6      (A) the sole basis for an adjudication that the child is in 
255.7   need of protection or services is the child's behavior; 
255.8      (B) the court finds that foster care for a specified period 
255.9   of time is in the best interests of the child; and 
255.10     (C) the court finds compelling reasons that neither an 
255.11  award of permanent legal and physical custody to a relative, nor 
255.12  termination of parental rights is in the child's best interests; 
255.13     (ii) the order does not specify that the child continue in 
255.14  foster care for any period exceeding one year; or 
255.15     (5) guardianship and legal custody to the commissioner of 
255.16  human services under the following procedures and conditions: 
255.17     (i) there is an identified prospective adoptive home that 
255.18  has agreed to adopt the child and agreed to by the responsible 
255.19  social services agency having legal custody of the child 
255.20  pursuant to court order under this section and the court accepts 
255.21  the parent's voluntary consent to adopt under section 259.24; 
255.22     (ii) if the court accepts a consent to adopt in lieu of 
255.23  ordering one of the other enumerated permanency dispositions, 
255.24  the court must review the matter at least every 90 days.  The 
255.25  review will address the reasonable efforts of the agency to 
255.26  achieve a finalized adoption; 
255.27     (iii) a consent to adopt under this clause vests all legal 
255.28  authority regarding the child, including guardianship and legal 
255.29  custody of the child, with the commissioner of human services as 
255.30  if the child were a state ward after termination of parental 
255.31  rights; 
255.32     (iv) the court must forward a copy of the consent to adopt, 
255.33  together with a certified copy of the order transferring 
255.34  guardianship and legal custody to the commissioner, to the 
255.35  commissioner; and 
255.36     (v) if an adoption is not finalized by the identified 
256.1   prospective adoptive parent within 12 months of the execution of 
256.2   the consent to adopt under this clause, the commissioner of 
256.3   human services or the commissioner's delegate shall pursue 
256.4   adoptive placement in another home unless the commissioner 
256.5   certifies that the failure to finalize is not due to either an 
256.6   action or a failure to act by the prospective adoptive parent; 
256.7   and 
256.8      (vi) notwithstanding item (v), the commissioner of human 
256.9   services or the commissioner's designee must pursue adoptive 
256.10  placement in another home as soon as the commissioner or 
256.11  commissioner's designee determines that finalization of the 
256.12  adoption with the identified prospective adoptive parent is not 
256.13  possible, that the identified prospective adoptive parent is not 
256.14  willing to adopt the child, that the identified prospective 
256.15  adoptive parent is not cooperative in completing the steps 
256.16  necessary to finalize the adoption, or upon the commissioner's 
256.17  determination to withhold consent to the adoption. 
256.18     (e) In ordering a permanent placement of a child, the court 
256.19  must be governed by the best interests of the child, including a 
256.20  review of the relationship between the child and relatives and 
256.21  the child and other important persons with whom the child has 
256.22  resided or had significant contact. 
256.23     (f) Once a permanent placement determination has been made 
256.24  and permanent placement has been established, further court 
256.25  reviews are necessary if: 
256.26     (1) the placement is long-term foster care or foster care 
256.27  for a specified period of time; 
256.28     (2) the court orders further hearings because it has 
256.29  retained jurisdiction of a transfer of permanent legal and 
256.30  physical custody matter; 
256.31     (3) an adoption has not yet been finalized; or 
256.32     (4) there is a disruption of the permanent or long-term 
256.33  placement.  
256.34     (g) Court reviews of an order for long-term foster care, 
256.35  whether under this section or section 260C.317, subdivision 3, 
256.36  paragraph (d), or foster care for a specified period of time 
257.1   must be conducted at least yearly and must review the child's 
257.2   out-of-home placement plan and the reasonable efforts of the 
257.3   agency to: 
257.4      (1) identify a specific long-term foster home for the child 
257.5   or a specific foster home for the time the child is specified to 
257.6   be out of the care of the parent, if one has not already been 
257.7   identified; 
257.8      (2) support continued placement of the child in the 
257.9   identified home, if one has been identified; 
257.10     (3) ensure appropriate services are provided to the child 
257.11  during the period of long-term foster care or foster care for a 
257.12  specified period of time; 
257.13     (4) plan for the child's independence upon the child's 
257.14  leaving long-term foster care living as required under section 
257.15  260C.212, subdivision 1; and 
257.16     (5) where placement is for a specified period of time, a 
257.17  plan for the safe return of the child to the care of the parent. 
257.18     (h) An order under this subdivision must include the 
257.19  following detailed findings: 
257.20     (1) how the child's best interests are served by the order; 
257.21     (2) the nature and extent of the responsible social service 
257.22  agency's reasonable efforts, or, in the case of an Indian child, 
257.23  active efforts to reunify the child with the parent or parents; 
257.24     (3) the parent's or parents' efforts and ability to use 
257.25  services to correct the conditions which led to the out-of-home 
257.26  placement; and 
257.27     (4) whether the conditions which led to the out-of-home 
257.28  placement have been corrected so that the child can return home. 
257.29     (i) An order for permanent legal and physical custody of a 
257.30  child may be modified under sections 518.18 and 518.185.  The 
257.31  social services agency is a party to the proceeding and must 
257.32  receive notice.  A parent may only seek modification of an order 
257.33  for long-term foster care upon motion and a showing by the 
257.34  parent of a substantial change in the parent's circumstances 
257.35  such that the parent could provide appropriate care for the 
257.36  child and that removal of the child from the child's permanent 
258.1   placement and the return to the parent's care would be in the 
258.2   best interest of the child. 
258.3      (j) The court shall issue an order required under this 
258.4   section within 15 days of the close of the proceedings.  The 
258.5   court may extend issuing the order an additional 15 days when 
258.6   necessary in the interests of justice and the best interests of 
258.7   the child. 
258.8      Sec. 6.  [260C.209] [BACKGROUND CHECKS.] 
258.9      Subdivision 1.  [SUBJECTS.] The responsible social services 
258.10  agency must conduct a background check under this section of the 
258.11  following: 
258.12     (1) a noncustodial parent or nonadjudicated parent who is 
258.13  being assessed for purposes of providing day-to-day care of a 
258.14  child temporarily or permanently under section 260C.212, 
258.15  subdivision 4, and any member of the parent's household who is 
258.16  over the age of 13 when there is a reasonable cause to believe 
258.17  that the parent or household member over age 13 has a criminal 
258.18  history or a history of maltreatment of a child or vulnerable 
258.19  adult which would endanger the child's health, safety, or 
258.20  welfare; 
258.21     (2) an individual whose suitability for relative placement 
258.22  under section 260C.212, subdivision 5, is being determined, and 
258.23  any member of the relative's household who is over the age of 13 
258.24  when:  (i) the relative must be licensed for foster care; or (ii)
258.25  the agency must conduct a background study under section 259.53, 
258.26  subdivision 2; or (iii) the agency has reasonable cause to 
258.27  believe the relative or household member over the age of 13 has 
258.28  a criminal history which would not make transfer of permanent 
258.29  legal and physical custody to the relative under section 
258.30  260C.201, subdivision 11, in the child's best interest; and 
258.31     (3) a parent, following an out-of-home placement, when the 
258.32  responsible social service agency has reasonable cause to 
258.33  believe that the parent has been convicted of a crime directly 
258.34  related to the parent's capacity to maintain the child's health, 
258.35  safety, or welfare; or the parent is the subject of an open 
258.36  investigation of, or has been the subject of a substantiated 
259.1   allegation of, child or vulnerable-adult maltreatment within the 
259.2   past ten years. 
259.3   "Reasonable cause" means that the agency has received 
259.4   information or a report from the subject or a third person that 
259.5   creates an articulable suspicion that the individual has a 
259.6   history that may pose a risk to the health, safety, or welfare 
259.7   of the child.  The information or report must be specific to the 
259.8   potential subject of the background check and shall not be based 
259.9   on the race, religion, ethnic background, age, class, or 
259.10  lifestyle of the potential subject.  
259.11     Subd. 2.  [GENERAL PROCEDURES.] (a) When conducting a 
259.12  background check under subdivision 1, the agency may require the 
259.13  individual being assessed to provide sufficient information to 
259.14  ensure an accurate assessment under this section, including: 
259.15     (1) the individual's first, middle, and last name and all 
259.16  other names by which the individual has been known; 
259.17     (2) home address, zip code, city, county, and state of 
259.18  residence for the past ten years; 
259.19     (3) sex; 
259.20     (4) date of birth; and 
259.21     (5) driver's license number or state identification number. 
259.22     (b) When notified by the responsible social services agency 
259.23  that it is conducting an assessment under this section, the 
259.24  Bureau of Criminal Apprehension, commissioners of health and 
259.25  human services, law enforcement, and county agencies must 
259.26  provide the responsible social services agency or county 
259.27  attorney with the following information on the individual being 
259.28  assessed:  criminal history data, reports about the maltreatment 
259.29  of adults substantiated under section 626.557, and reports of 
259.30  maltreatment of minors substantiated under section 626.556. 
259.31     Subd. 3.  [MULTISTATE INFORMATION.] (a) For any assessment 
259.32  completed under this section, if the responsible social services 
259.33  agency has reasonable cause to believe that the individual is a 
259.34  multistate offender, the individual must provide the responsible 
259.35  social services agency or the county attorney with a set of 
259.36  classifiable fingerprints obtained from an authorized law 
260.1   enforcement agency.  The responsible social services agency or 
260.2   county attorney may obtain criminal history data from the 
260.3   National Criminal Records Repository by submitting the 
260.4   fingerprints to the Bureau of Criminal Apprehension.  
260.5      (b) For purposes of this subdivision, the responsible 
260.6   social services agency has reasonable cause when, but not 
260.7   limited to: 
260.8      (1) information from the Bureau of Criminal Apprehension 
260.9   indicates that the individual is a multistate offender; 
260.10     (2) information from the Bureau of Criminal Apprehension 
260.11  indicates that multistate offender status is undetermined; 
260.12     (3) the social services agency has received a report from 
260.13  the individual or a third party indicating that the individual 
260.14  has a criminal history in a jurisdiction other than Minnesota; 
260.15  or 
260.16     (4) the individual is or has been a resident of a state 
260.17  other than Minnesota at any time during the prior ten years.  
260.18     Subd. 4.  [NOTICE UPON RECEIPT.] The responsible social 
260.19  services agency must provide the subject of the background study 
260.20  with the results of the study under this section within 15 
260.21  business days of receipt or at least 15 days prior to the 
260.22  hearing at which the results will be presented, whichever comes 
260.23  first.  The subject may provide written information to the 
260.24  agency that the results are incorrect and may provide additional 
260.25  or clarifying information to the agency and to the court through 
260.26  a party to the proceeding.  This provision does not apply to any 
260.27  background study conducted under chapters 245A and 245C. 
260.28     Sec. 7.  Minnesota Statutes 2004, section 260C.212, 
260.29  subdivision 4, is amended to read: 
260.30     Subd. 4.  [RESPONSIBLE SOCIAL SERVICE AGENCY'S DUTIES FOR 
260.31  CHILDREN IN PLACEMENT.] (a) When a child is in placement, the 
260.32  responsible social services agency shall make diligent efforts 
260.33  to identify, locate, and, where appropriate, offer services to 
260.34  both parents of the child. 
260.35     (1) If The responsible social services agency shall assess 
260.36  whether a noncustodial or nonadjudicated parent is willing and 
261.1   capable of providing for the day-to-day care of the child 
261.2   temporarily or permanently.  An assessment under this clause may 
261.3   include, but is not limited to, obtaining information under 
261.4   section 260C.209.  If after assessment, the responsible social 
261.5   services agency determines that a noncustodial or nonadjudicated 
261.6   parent is willing and capable of providing day-to-day care of 
261.7   the child, the responsible social services agency may seek 
261.8   authority from the custodial parent or the court to have that 
261.9   parent assume day-to-day care of the child.  If a parent is not 
261.10  an adjudicated parent, the responsible social services agency 
261.11  shall require the nonadjudicated parent to cooperate with 
261.12  paternity establishment procedures as part of the case plan.  
261.13     (2) If, after assessment, the responsible social services 
261.14  agency determines that the child cannot be in the day-to-day 
261.15  care of either parent, the agency shall: 
261.16     (i) prepare an out-of-home placement plan addressing the 
261.17  conditions that each parent must meet before the child can be in 
261.18  that parent's day-to-day care; and 
261.19     (ii) provide a parent who is the subject of a background 
261.20  study under section 260C.209 15 days' notice that it intends to 
261.21  use the study to recommend against putting the child with that 
261.22  parent, as well as the notice provided in section 260C.209, 
261.23  subdivision 4, and the court shall afford the parent an 
261.24  opportunity to be heard concerning the study. 
261.25     The results of a background study of a noncustodial parent 
261.26  shall not be used by the agency to determine that the parent is 
261.27  incapable of providing day-to-day care of the child unless the 
261.28  agency reasonably believes that placement of the child into the 
261.29  home of that parent would endanger the child's health, safety, 
261.30  or welfare. 
261.31     (3) If, after the provision of services following an 
261.32  out-of-home placement plan under this section, the child cannot 
261.33  return to the care of the parent from whom the child was removed 
261.34  or who had legal custody at the time the child was placed in 
261.35  foster care, the agency may petition on behalf of a noncustodial 
261.36  parent to establish legal custody with that parent under section 
262.1   260C.201, subdivision 11.  If paternity has not already been 
262.2   established, it may be established in the same proceeding in the 
262.3   manner provided for under chapter 257. 
262.4      (4) The responsible social services agency may be relieved 
262.5   of the requirement to locate and offer services to both parents 
262.6   by the juvenile court upon a finding of good cause after the 
262.7   filing of a petition under section 260C.141. 
262.8      (b) The responsible social services agency shall give 
262.9   notice to the parent or parents or guardian of each child in a 
262.10  residential facility, other than a child in placement due solely 
262.11  to that child's developmental disability or emotional 
262.12  disturbance, of the following information: 
262.13     (1) that residential care of the child may result in 
262.14  termination of parental rights or an order permanently placing 
262.15  the child out of the custody of the parent, but only after 
262.16  notice and a hearing as required under chapter 260C and the 
262.17  juvenile court rules; 
262.18     (2) time limits on the length of placement and of 
262.19  reunification services, including the date on which the child is 
262.20  expected to be returned to and safely maintained in the home of 
262.21  the parent or parents or placed for adoption or otherwise 
262.22  permanently removed from the care of the parent by court order; 
262.23     (3) the nature of the services available to the parent; 
262.24     (4) the consequences to the parent and the child if the 
262.25  parent fails or is unable to use services to correct the 
262.26  circumstances that led to the child's placement; 
262.27     (5) the first consideration for placement with relatives; 
262.28     (6) the benefit to the child in getting the child out of 
262.29  residential care as soon as possible, preferably by returning 
262.30  the child home, but if that is not possible, through a permanent 
262.31  legal placement of the child away from the parent; 
262.32     (7) when safe for the child, the benefits to the child and 
262.33  the parent of maintaining visitation with the child as soon as 
262.34  possible in the course of the case and, in any event, according 
262.35  to the visitation plan under this section; and 
262.36     (8) the financial responsibilities and obligations, if any, 
263.1   of the parent or parents for the support of the child during the 
263.2   period the child is in the residential facility. 
263.3      (c) The responsible social services agency shall inform a 
263.4   parent considering voluntary placement of a child who is not 
263.5   developmentally disabled or emotionally disturbed of the 
263.6   following information: 
263.7      (1) the parent and the child each has a right to separate 
263.8   legal counsel before signing a voluntary placement agreement, 
263.9   but not to counsel appointed at public expense; 
263.10     (2) the parent is not required to agree to the voluntary 
263.11  placement, and a parent who enters a voluntary placement 
263.12  agreement may at any time request that the agency return the 
263.13  child.  If the parent so requests, the child must be returned 
263.14  within 24 hours of the receipt of the request; 
263.15     (3) evidence gathered during the time the child is 
263.16  voluntarily placed may be used at a later time as the basis for 
263.17  a petition alleging that the child is in need of protection or 
263.18  services or as the basis for a petition seeking termination of 
263.19  parental rights or other permanent placement of the child away 
263.20  from the parent; 
263.21     (4) if the responsible social services agency files a 
263.22  petition alleging that the child is in need of protection or 
263.23  services or a petition seeking the termination of parental 
263.24  rights or other permanent placement of the child away from the 
263.25  parent, the parent would have the right to appointment of 
263.26  separate legal counsel and the child would have a right to the 
263.27  appointment of counsel and a guardian ad litem as provided by 
263.28  law, and that counsel will be appointed at public expense if 
263.29  they are unable to afford counsel; and 
263.30     (5) the timelines and procedures for review of voluntary 
263.31  placements under subdivision 3, and the effect the time spent in 
263.32  voluntary placement on the scheduling of a permanent placement 
263.33  determination hearing under section 260C.201, subdivision 11.  
263.34     (d) When an agency accepts a child for placement, the 
263.35  agency shall determine whether the child has had a physical 
263.36  examination by or under the direction of a licensed physician 
264.1   within the 12 months immediately preceding the date when the 
264.2   child came into the agency's care.  If there is documentation 
264.3   that the child has had an examination within the last 12 months, 
264.4   the agency is responsible for seeing that the child has another 
264.5   physical examination within one year of the documented 
264.6   examination and annually in subsequent years.  If the agency 
264.7   determines that the child has not had a physical examination 
264.8   within the 12 months immediately preceding placement, the agency 
264.9   shall ensure that the child has an examination within 30 days of 
264.10  coming into the agency's care and once a year in subsequent 
264.11  years. 
264.12                             ARTICLE 16 
264.13                     CRIMINAL SENTENCING POLICY
264.14     Section 1.  Minnesota Statutes 2004, section 244.09, 
264.15  subdivision 5, is amended to read: 
264.16     Subd. 5.  [PROMULGATION OF SENTENCING GUIDELINES.] The 
264.17  commission shall promulgate Sentencing Guidelines for the 
264.18  district court.  The guidelines shall be based on reasonable 
264.19  offense and offender characteristics.  The guidelines 
264.20  promulgated by the commission shall be advisory to the district 
264.21  court and shall establish: 
264.22     (1) The circumstances under which imprisonment of an 
264.23  offender is proper; and 
264.24     (2) A presumptive, fixed sentence sentencing range for 
264.25  offenders for whom imprisonment is proper, based on each 
264.26  appropriate combination of reasonable offense and offender 
264.27  characteristics.  The guidelines may provide for an increase or 
264.28  decrease of up to 15 percent in the presumptive, fixed sentence. 
264.29     The Sentencing Guidelines promulgated by the commission may 
264.30  also establish appropriate sanctions for offenders for whom 
264.31  imprisonment is not proper.  Any guidelines promulgated by the 
264.32  commission establishing sanctions for offenders for whom 
264.33  imprisonment is not proper shall make specific reference to 
264.34  noninstitutional sanctions, including but not limited to the 
264.35  following:  payment of fines, day fines, restitution, community 
264.36  work orders, work release programs in local facilities, 
265.1   community based residential and nonresidential programs, 
265.2   incarceration in a local correctional facility, and probation 
265.3   and the conditions thereof. 
265.4      Although the Sentencing Guidelines are advisory to the 
265.5   district court, the court shall follow the procedures of the 
265.6   guidelines when it pronounces sentence in a proceeding to which 
265.7   the guidelines apply by operation of statute.  Sentencing 
265.8   pursuant to the Sentencing Guidelines is not a right that 
265.9   accrues to a person convicted of a felony; it is a procedure 
265.10  based on state public policy to maintain uniformity, 
265.11  proportionality, rationality, and predictability in sentencing. 
265.12     In establishing and modifying the Sentencing Guidelines, 
265.13  the primary consideration of the commission shall be public 
265.14  safety.  The commission shall also consider current sentencing 
265.15  and release practices; correctional resources, including but not 
265.16  limited to the capacities of local and state correctional 
265.17  facilities; and the long-term negative impact of the crime on 
265.18  the community. 
265.19     The provisions of sections 14.001 to 14.69 do not apply to 
265.20  the promulgation of the Sentencing Guidelines, and the 
265.21  Sentencing Guidelines, including severity levels and criminal 
265.22  history scores, are not subject to review by the legislative 
265.23  commission to review administrative rules.  However, the 
265.24  commission shall adopt rules pursuant to sections 14.001 to 
265.25  14.69 which establish procedures for the promulgation of the 
265.26  Sentencing Guidelines, including procedures for the promulgation 
265.27  of severity levels and criminal history scores, and these rules 
265.28  shall be subject to review by the legislative coordinating 
265.29  commission. 
265.30     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
265.31  and applies to crimes committed on or after that date. 
265.32     Sec. 2.  Minnesota Statutes 2004, section 244.10, 
265.33  subdivision 2, is amended to read: 
265.34     Subd. 2.  [DEVIATION FROM GUIDELINES; IMPOSITION OF 
265.35  SENTENCE.] Whether or not a sentencing hearing is requested 
265.36  pursuant to subdivision 1, the district court shall make written 
266.1   findings of fact as to the reasons for departure from the 
266.2   Sentencing Guidelines in each case in which the court imposes or 
266.3   stays a sentence that deviates from the Sentencing Guidelines 
266.4   applicable to the case.  Unless otherwise allowed by law, the 
266.5   court shall not impose a sentence duration in excess of that 
266.6   provided by the Sentencing Guidelines presumptive sentencing 
266.7   range for the offense unless the finder of fact has found that a 
266.8   severe aggravating factor exists.  If the existence of a severe 
266.9   aggravating factor has been proven, the court shall impose a 
266.10  sentence in excess of the presumptive range provided by the 
266.11  Sentencing Guidelines.  
266.12     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
266.13  and applies to crimes committed on or after that date. 
266.14     Sec. 3.  Minnesota Statutes 2004, section 244.10, is 
266.15  amended by adding a subdivision to read:  
266.16     Subd. 4.  [AGGRAVATED DEPARTURES.] In bringing a motion for 
266.17  an aggravated sentence, the state is not limited to factors 
266.18  specified in the Sentencing Guidelines provided the state 
266.19  provides reasonable notice to the defendant and the district 
266.20  court prior to sentencing of the factors on which the state 
266.21  intends to rely.  
266.22     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
266.23  and applies to crimes committed on or after that date. 
266.24     Sec. 4.  Minnesota Statutes 2004, section 244.10, is 
266.25  amended by adding a subdivision to read: 
266.26     Subd. 5.  [PROCEDURES IN CASES WHERE STATE INTENDS TO SEEK 
266.27  AN AGGRAVATED DURATIONAL DEPARTURE.] (a) When the prosecutor 
266.28  provides reasonable notice under subdivision 4, the district 
266.29  court shall allow the state to prove beyond a reasonable doubt 
266.30  to a jury of 12 members the factors in support of the state's 
266.31  request for an aggravated departure from the Sentencing 
266.32  Guidelines as provided in paragraph (b) or (c). 
266.33     (b) The district court shall allow a unitary trial and 
266.34  final argument to a jury regarding both evidence in support of 
266.35  the elements of the offense and evidence in support of 
266.36  aggravating factors when the evidence in support of the 
267.1   aggravating factors: 
267.2      (1) would be admissible as part of the trial on the 
267.3   elements of the offense; or 
267.4      (2) would not result in unfair prejudice to the defendant. 
267.5      The existence of each aggravating factor shall be 
267.6   determined by use of a special verdict form. 
267.7      Upon the request of the prosecutor, the court shall allow 
267.8   bifurcated argument and jury deliberations. 
267.9      (c) The district court shall bifurcate the proceedings to 
267.10  allow for the production of evidence, argument, and 
267.11  deliberations on the existence of factors in support of an 
267.12  aggravated departure after the return of a guilty verdict when 
267.13  the evidence in support of an aggravated departure: 
267.14     (1) includes evidence that is otherwise inadmissible at a 
267.15  trial on the elements of the offense; and 
267.16     (2) would result in unfair prejudice to the defendant. 
267.17     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
267.18  and applies to crimes committed on or after that date. 
267.19     Sec. 5.  Minnesota Statutes 2004, section 244.10, is 
267.20  amended by adding a subdivision to read:  
267.21     Subd. 6.  [DEFENDANTS TO PRESENT EVIDENCE AND ARGUMENT.] In 
267.22  either a unitary or bifurcated trial under subdivision 5, a 
267.23  defendant shall be allowed to present evidence and argument to 
267.24  the jury or fact finder regarding whether facts exist that would 
267.25  justify an aggravated departure.  A defendant is not allowed to 
267.26  present evidence or argument to the jury or fact finder 
267.27  regarding facts in support of a mitigated departure during the 
267.28  trial, but may present evidence and argument in support of a 
267.29  mitigated departure to the judge as fact finder during a 
267.30  sentencing hearing. 
267.31     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
267.32  and applies to crimes committed on or after that date. 
267.33     Sec. 6.  Minnesota Statutes 2004, section 244.10, is 
267.34  amended by adding a subdivision to read: 
267.35     Subd. 7.  [WAIVER OF JURY DETERMINATION.] The defendant may 
267.36  waive the right to a jury determination of whether facts exist 
268.1   that would justify an aggravated sentence.  Upon receipt of a 
268.2   waiver of a jury trial on this issue, the district court shall 
268.3   determine beyond a reasonable doubt whether the factors in 
268.4   support of the state's motion for aggravated departure exist. 
268.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
268.6   and applies to crimes committed on or after that date. 
268.7      Sec. 7.  Minnesota Statutes 2004, section 244.10, is 
268.8   amended by adding a subdivision to read: 
268.9      Subd. 8.  [NOTICE OF INFORMATION REGARDING PREDATORY 
268.10  OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 
268.11  person is convicted of an offense and the presumptive sentence 
268.12  under the Sentencing Guidelines is commitment to the custody of 
268.13  the commissioner of corrections, if the court grants a 
268.14  dispositional departure and stays imposition or execution of 
268.15  sentence, the probation or court services officer who is 
268.16  assigned to supervise the offender shall provide in writing to 
268.17  the following the fact that the offender is on probation and the 
268.18  terms and conditions of probation: 
268.19     (1) a victim of and any witnesses to the offense committed 
268.20  by the offender, if the victim or the witness has requested 
268.21  notice; and 
268.22     (2) the chief law enforcement officer in the area where the 
268.23  offender resides or intends to reside. 
268.24     The law enforcement officer, in consultation with the 
268.25  offender's probation officer, may provide all or part of this 
268.26  information to any of the following agencies or groups the 
268.27  offender is likely to encounter:  public and private educational 
268.28  institutions, day care establishments, and establishments or 
268.29  organizations that primarily serve individuals likely to be 
268.30  victimized by the offender. 
268.31     The probation officer is not required under this 
268.32  subdivision to provide any notice while the offender is placed 
268.33  or resides in a residential facility that is licensed under 
268.34  section 241.021 or 245A.02, subdivision 14, if the facility 
268.35  staff is trained in the supervision of sex offenders. 
268.36     (b) Paragraph (a) applies only to offenders required to 
269.1   register under section 243.166, as a result of the conviction. 
269.2      (c) The notice authorized by paragraph (a) shall be limited 
269.3   to data classified as public under section 13.84, subdivision 6, 
269.4   unless the offender provides informed consent to authorize the 
269.5   release of nonpublic data or unless a court order authorizes the 
269.6   release of nonpublic data. 
269.7      (d) Nothing in this subdivision shall be interpreted to 
269.8   impose a duty on any person to use any information regarding an 
269.9   offender about whom notification is made under this subdivision. 
269.10     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
269.11  and applies to crimes committed on or after that date. 
269.12     Sec. 8.  Minnesota Statutes 2004, section 244.10, is 
269.13  amended by adding a subdivision to read:  
269.14     Subd. 9.  [COMPUTATION OF CRIMINAL HISTORY SCORE.] If the 
269.15  defendant contests the existence of or factual basis for a prior 
269.16  conviction in the calculation of the defendant's criminal 
269.17  history score, proof of it is established by competent and 
269.18  reliable evidence, including a certified court record of the 
269.19  conviction. 
269.20     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
269.21  and applies to crimes committed on or after that date. 
269.22     Sec. 9.  Minnesota Statutes 2004, section 609.108, 
269.23  subdivision 1, is amended to read: 
269.24     Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
269.25  shall commit a person to the commissioner of corrections for a 
269.26  period of time that is not less than double the presumptive 
269.27  sentence the high end of the presumptive range under the 
269.28  Sentencing Guidelines and not more than the statutory maximum, 
269.29  or if the statutory maximum is less than double the presumptive 
269.30  sentence, for a period of time that is equal to the statutory 
269.31  maximum, if: 
269.32     (1) the court is imposing an executed sentence, based on a 
269.33  Sentencing Guidelines presumptive imprisonment sentence or a 
269.34  dispositional departure for aggravating circumstances or a 
269.35  mandatory minimum sentence, on a person convicted of committing 
269.36  or attempting to commit a violation of section 609.342, 609.343, 
270.1   609.344, or 609.345, or on a person convicted of committing or 
270.2   attempting to commit any other crime listed in subdivision 3 if 
270.3   it reasonably appears to the court that the crime was motivated 
270.4   by the offender's sexual impulses or was part of a predatory 
270.5   pattern of behavior that had criminal sexual conduct as its 
270.6   goal;. 
270.7      (2) the court finds that the offender is a danger to public 
270.8   safety; and 
270.9      (3) the court finds that the offender needs long-term 
270.10  treatment or supervision beyond the presumptive term of 
270.11  imprisonment and supervised release.  The finding must be based 
270.12  on a professional assessment by an examiner experienced in 
270.13  evaluating sex offenders that concludes that the offender is a 
270.14  patterned sex offender.  The assessment must contain the facts 
270.15  upon which the conclusion is based, with reference to the 
270.16  offense history of the offender or the severity of the current 
270.17  offense, the social history of the offender, and the results of 
270.18  an examination of the offender's mental status unless the 
270.19  offender refuses to be examined.  The conclusion may not be 
270.20  based on testing alone.  A patterned sex offender is one whose 
270.21  criminal sexual behavior is so engrained that the risk of 
270.22  reoffending is great without intensive psychotherapeutic 
270.23  intervention or other long-term controls. 
270.24     (b) The court shall consider imposing a sentence under this 
270.25  section whenever a person is convicted of violating section 
270.26  609.342 or 609.343. 
270.27     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
270.28  and applies to crimes committed on or after that date. 
270.29     Sec. 10.  Minnesota Statutes 2004, section 609.109, 
270.30  subdivision 4, is amended to read: 
270.31     Subd. 4.  [MANDATORY 30-YEAR SENTENCE.] (a) The court shall 
270.32  commit a person to the commissioner of corrections for not less 
270.33  than 30 years, notwithstanding the statutory maximum sentence 
270.34  under section 609.343, if: 
270.35     (1) the person is convicted under section 609.342, 
270.36  subdivision 1, clause (c), (d), (e), or (f); or 609.343, 
271.1   subdivision 1, clause (c), (d), (e), or (f); and 
271.2      (2) the court determines on the record at the time of 
271.3   sentencing that:  
271.4      (i) the crime involved an aggravating factor that would 
271.5   provide grounds for an upward departure under the Sentencing 
271.6   Guidelines other than the aggravating factor applicable to 
271.7   repeat criminal sexual conduct convictions; and 
271.8      (ii) the person has a previous sex offense conviction under 
271.9   section 609.342, 609.343, or 609.344. 
271.10     (b) Notwithstanding subdivision 2 and sections 609.342, 
271.11  subdivision 3; and 609.343, subdivision 3, the court may not 
271.12  stay imposition or execution of the sentence required by this 
271.13  subdivision. 
271.14     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
271.15  and applies to crimes committed on or after that date. 
271.16     Sec. 11.  Minnesota Statutes 2004, section 609.109, 
271.17  subdivision 6, is amended to read: 
271.18     Subd. 6.  [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 
271.19  shall sentence a person to at least twice the high end of the 
271.20  presumptive sentence sentencing range recommended by the 
271.21  Sentencing Guidelines if: 
271.22     (1) the person is convicted under section 609.342, 
271.23  subdivision 1, clause (c), (d), (e), or (f); 609.343, 
271.24  subdivision 1, clause (c), (d), (e), or (f); or 609.344, 
271.25  subdivision 1, clause (c) or (d); and 
271.26     (2) the court fact finder determines on the record at the 
271.27  time of sentencing that the crime involved an aggravating factor 
271.28  that would provide grounds for an upward departure under the 
271.29  Sentencing Guidelines. 
271.30     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
271.31  and applies to crimes committed on or after that date. 
271.32     Sec. 12.  Minnesota Statutes 2004, section 609.1095, 
271.33  subdivision 2, is amended to read: 
271.34     Subd. 2.  [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 
271.35  COMMITS A THIRD VIOLENT CRIME.] Whenever a person is convicted 
271.36  of a violent crime that is a felony, and the judge is imposing 
272.1   an executed sentence based on a Sentencing Guidelines 
272.2   presumptive imprisonment sentence, the judge may impose an 
272.3   aggravated durational departure from the presumptive 
272.4   imprisonment sentence up to the statutory maximum sentence if 
272.5   the offender was at least 18 years old at the time the felony 
272.6   was committed, and: 
272.7      (1) the court determines on the record at the time of 
272.8   sentencing that the offender has two or more prior convictions 
272.9   for violent crimes; and. 
272.10     (2) the court finds that the offender is a danger to public 
272.11  safety and specifies on the record the basis for the finding, 
272.12  which may include: 
272.13     (i) the offender's past criminal behavior, such as the 
272.14  offender's high frequency rate of criminal activity or juvenile 
272.15  adjudications, or long involvement in criminal activity 
272.16  including juvenile adjudications; or 
272.17     (ii) the fact that the present offense of conviction 
272.18  involved an aggravating factor that would justify a durational 
272.19  departure under the Sentencing Guidelines. 
272.20     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
272.21  and applies to crimes committed on or after that date. 
272.22     Sec. 13.  Minnesota Statutes 2004, section 609.1095, 
272.23  subdivision 4, is amended to read: 
272.24     Subd. 4.  [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A 
272.25  SIXTH FELONY.] Whenever a person is convicted of a felony, and 
272.26  the judge is imposing an executed sentence based on a Sentencing 
272.27  Guidelines presumptive imprisonment sentence, the judge may 
272.28  impose an aggravated durational departure from the presumptive 
272.29  sentence up to the statutory maximum sentence if the judge finds 
272.30  and specifies on the record that the offender has five or more 
272.31  prior felony convictions and that the present offense is a 
272.32  felony that was committed as part of a pattern of criminal 
272.33  conduct. 
272.34     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
272.35  and applies to crimes committed on or after that date. 
272.36     Sec. 14.  [INSTRUCTION TO SENTENCING GUIDELINES 
273.1   COMMISSION.] 
273.2      Subdivision 1.  [FORMER PRESUMPTIVE, FIXED SENTENCE 
273.3   MAINTAINED AS REFERENCE POINT.] (a) Except as provided in 
273.4   paragraph (b), the Minnesota Sentencing Guidelines Commission 
273.5   shall retain in each cell of the Sentencing Guidelines grid, as 
273.6   a reference point only, the presumptive, fixed sentence in place 
273.7   at the time of enactment of this legislation. 
273.8      (b) The commission shall make changes to the presumptive 
273.9   sentences for offenses consistent with 2005 legislation and/or 
273.10  timely modifications proposed by the commission, provided the 
273.11  legislature has not acted to prevent those modifications from 
273.12  going forward. 
273.13     Subd. 2.  [PRESUMPTIVE SENTENCING RANGE.] In each cell of 
273.14  the Sentencing Guidelines grid, the guidelines shall include a 
273.15  presumptive sentencing range.  This range shall extend from 15 
273.16  percent below the presumptive, fixed sentence in place at the 
273.17  time of the enactment of this legislation, to 100 percent above 
273.18  the presumptive, fixed sentence in place at the time of the 
273.19  enactment of this legislation. 
273.20     Subd. 3.  [ADDITIONAL MODIFICATIONS TO SENTENCING 
273.21  GUIDELINES.] The Minnesota Sentencing Guidelines Commission 
273.22  shall amend the Sentencing Guidelines and comments to provide 
273.23  that a court may depart upward from the presumptive sentencing 
273.24  range when severe aggravating circumstances justify a departure. 
273.25     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
273.26  and applies to crimes committed on or after that date. 
273.27     Sec. 15.  [REVISOR INSTRUCTION.] 
273.28     Subdivision 1.  [HEADNOTE CHANGE.] The revisor of statutes 
273.29  shall change the headnote of Minnesota Statutes, section 
273.30  609.108, to read "MANDATORY INCREASED SENTENCES FOR CERTAIN 
273.31  PREDATORY SEX OFFENDERS; NO PRIOR CONVICTION REQUIRED." 
273.32     Subd. 2.  [REPEALER; REFERENCE TO RENUMBERING.] The revisor 
273.33  of statutes is instructed to include a reference next to the 
273.34  repealer of Minnesota Statutes, section 244.10, subdivisions 2a 
273.35  and 3, to inform the reader that the subdivisions have been 
273.36  renumbered and to include the new subdivision numbers. 
274.1      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
274.2      Sec. 16.  [REPEALER.] 
274.3      Minnesota Statutes 2004, sections 244.10, subdivisions 2a 
274.4   and 3; and 609.108, subdivisions 4 and 5, are repealed. 
274.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
274.6                              ARTICLE 17
274.7                     GENERAL CRIMINAL PROVISIONS
274.8      Section 1.  Minnesota Statutes 2004, section 152.02, 
274.9   subdivision 4, is amended to read: 
274.10     Subd. 4.  [SCHEDULE III.] The following items are listed in 
274.11  Schedule III:  
274.12     (1) Any material, compound, mixture, or preparation which 
274.13  contains any quantity of Amphetamine, its salts, optical 
274.14  isomers, and salts of its optical isomers; Phenmetrazine and its 
274.15  salts; Methamphetamine, its salts, isomers, and salts of 
274.16  isomers; Methylphenidate; and which is required by federal law 
274.17  to be labeled with the symbol prescribed by 21 Code of Federal 
274.18  Regulations Section 1302.03 and in effect on February 1, 1976 
274.19  designating that the drug is listed as a Schedule III controlled 
274.20  substance under federal law.  
274.21     (2) Any material, compound, mixture, or preparation which 
274.22  contains any quantity of the following substances having a 
274.23  potential for abuse associated with a depressant effect on the 
274.24  central nervous system:  
274.25     (a) Any compound, mixture, or preparation containing 
274.26  amobarbital, secobarbital, pentobarbital or any salt thereof and 
274.27  one or more other active medicinal ingredients which are not 
274.28  listed in any schedule.  
274.29     (b) Any suppository dosage form containing amobarbital, 
274.30  secobarbital, pentobarbital, or any salt of any of these drugs 
274.31  and approved by the food and drug administration for marketing 
274.32  only as a suppository.  
274.33     (c) Any substance which contains any quantity of a 
274.34  derivative of barbituric acid, or any salt of a derivative of 
274.35  barbituric acid, except those substances which are specifically 
274.36  listed in other schedules:  Chlorhexadol; Glutethimide; Lysergic 
275.1   acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane; 
275.2   Sulfonethylmethane; Sulfonmethane. 
275.3      (d) Gamma hydroxybutyrate, any salt, compound, derivative, 
275.4   or preparation of gamma hydroxybutyrate, including any isomers, 
275.5   esters, and ethers and salts of isomers, esters, and ethers of 
275.6   gamma hydroxybutyrate whenever the existence of such isomers, 
275.7   esters, and salts is possible within the specific chemical 
275.8   designation.  
275.9      (3) Any material, compound, mixture, or preparation which 
275.10  contains any quantity of the following substances having a 
275.11  potential for abuse associated with a stimulant effect on the 
275.12  central nervous system:  
275.13     (a) Benzphetamine 
275.14     (b) Chlorphentermine 
275.15     (c) Clortermine 
275.16     (d) Mazindol 
275.17     (e) Phendimetrazine.  
275.18     (4) Nalorphine.  
275.19     (5) Any material, compound, mixture, or preparation 
275.20  containing limited quantities of any of the following narcotic 
275.21  drugs, or any salts thereof:  
275.22     (a) Not more than 1.80 grams of codeine per 100 
275.23  milliliters or not more than 90 milligrams per dosage unit, with 
275.24  an equal or greater quantity of an isoquinoline alkaloid of 
275.25  opium.  
275.26     (b) Not more than 1.80 grams of codeine per 100 
275.27  milliliters or not more than 90 milligrams per dosage unit, with 
275.28  one or more active, nonnarcotic ingredients in recognized 
275.29  therapeutic amounts.  
275.30     (c) Not more than 300 milligrams of dihydrocodeinone per 
275.31  100 milliliters or not more than 15 milligrams per dosage unit, 
275.32  with a fourfold or greater quantity of an isoquinoline alkaloid 
275.33  of opium.  
275.34     (d) Not more than 300 milligrams of dihydrocodeinone per 
275.35  100 milliliters or not more than 15 milligrams per dosage unit, 
275.36  with one or more active, nonnarcotic ingredients in recognized 
276.1   therapeutic amounts. 
276.2      (e) Not more than 1.80 grams of dihydrocodeine per 100 
276.3   milliliters or not more than 90 milligrams per dosage unit, with 
276.4   one or more active, nonnarcotic ingredients in recognized 
276.5   therapeutic amounts.  
276.6      (f) Not more than 300 milligrams of ethylmorphine per 100 
276.7   milliliters or not more than 15 milligrams per dosage unit, with 
276.8   one or more active, nonnarcotic ingredients in recognized 
276.9   therapeutic amounts.  
276.10     (g) Not more than 500 milligrams of opium per 100 
276.11  milliliters or per 100 grams, or not more than 25 milligrams per 
276.12  dosage unit, with one or more active, nonnarcotic ingredients in 
276.13  recognized therapeutic amounts. 
276.14     (h) Not more than 50 milligrams of morphine per 100 
276.15  milliliters or per 100 grams with one or more active, 
276.16  nonnarcotic ingredients in recognized therapeutic amounts. 
276.17     (6) Anabolic steroids, which, for purposes of this 
276.18  subdivision, means any drug or hormonal substance, chemically 
276.19  and pharmacologically related to testosterone, other than 
276.20  estrogens, progestins, corticosteroids, and 
276.21  dehydroepiandrosterone, and includes:  androstanediol; 
276.22  androstanedione; androstenediol; androstenedione; bolasterone; 
276.23  boldenone; calusterone; chlorotestosterone; chorionic 
276.24  gonadotropin; clostebol; dehydrochloromethyltestosterone; 
276.25  (triangle)1-dihydrotestosterone; 4-dihydrotestosterone; 
276.26  drostanolone; ethylestrenol; fluoxymesterone; formebolone; 
276.27  furazabol; human growth hormones; 
276.28  13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone; 
276.29  4-hydroxy-19-nortestosterone; mestanolone; mesterolone; 
276.30  methandienone; methandranone; methandriol; methandrostenolone; 
276.31  methenolone; 17a-methyl-3b, 17b-dihydroxy-5a-androstane; 
276.32  17a-methyl-3a, 17b-dihydroxy-5a-androstane; 17a-methyl-3b, 
276.33  17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone; 
276.34  methyldienolone; methyltrienolone; methyltestosterone; 
276.35  mibolerone; 17a-methyl-(triangle)1-dihydrotestosterone; 
276.36  nandrolone; nandrolone phenpropionate; norandrostenediol; 
277.1   norandrostenedione; norbolethone; norclostebol; norethandrolone; 
277.2   normethandrolone; oxandrolone; oxymesterone; oxymetholone; 
277.3   stanolone; stanozolol; stenbolone; testolactone; testosterone; 
277.4   testosterone propionate; tetrahydrogestrinone; trenbolone; and 
277.5   any salt, ester, or ether of a drug or substance described in 
277.6   this paragraph.  Anabolic steroids are not included if they 
277.7   are:  (i) expressly intended for administration through implants 
277.8   to cattle or other nonhuman species; and (ii) approved by the 
277.9   United States Food and Drug Administration for that use. 
277.10     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
277.11  and applies to crimes committed on or after that date. 
277.12     Sec. 2.  Minnesota Statutes 2004, section 152.02, 
277.13  subdivision 5, is amended to read: 
277.14     Subd. 5.  [SCHEDULE IV.] (a) The following items are listed 
277.15  in Schedule IV:  Anabolic substances; Barbital; Butorphanol; 
277.16  Carisoprodol; Chloral betaine; Chloral hydrate; 
277.17  Chlordiazepoxide; Clonazepam; Clorazepate; Diazepam; 
277.18  Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine; 
277.19  Flurazepam; Mebutamate; Methohexital; Meprobamate except when in 
277.20  combination with the following drugs in the following or lower 
277.21  concentrations:  conjugated estrogens, 0.4 mg; tridihexethyl 
277.22  chloride, 25mg; pentaerythritol tetranitrate, 20 mg; 
277.23  Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; 
277.24  Petrichloral; Phenobarbital; and Phentermine.  
277.25     (b) For purposes of this subdivision, "anabolic substances" 
277.26  means the naturally occurring androgens or derivatives of 
277.27  androstane (androsterone and testosterone); testosterone and its 
277.28  esters, including, but not limited to, testosterone propionate, 
277.29  and its derivatives, including, but not limited to, 
277.30  methyltestosterone and growth hormones, except that anabolic 
277.31  substances are not included if they are:  (1) expressly intended 
277.32  for administration through implants to cattle or other nonhuman 
277.33  species; and (2) approved by the United States Food and Drug 
277.34  Administration for that use. 
277.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
277.36  and applies to crimes committed on or after that date. 
278.1      Sec. 3.  [171.175] [SUSPENSION; THEFT OF GASOLINE OFFENSE.] 
278.2      Subdivision 1.  [THEFT OF GASOLINE.] The commissioner of 
278.3   public safety shall suspend for 30 days the license of any 
278.4   person convicted or juvenile adjudicated delinquent for theft of 
278.5   gasoline under section 609.52, subdivision 2, clause (1).  
278.6      Subd. 2.  [DEFINITION.] For the purposes of this section, 
278.7   "gasoline" has the meaning given it in section 296A.01, 
278.8   subdivision 23.  
278.9      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
278.10  and applies to crimes committed on or after that date. 
278.11     Sec. 4.  Minnesota Statutes 2004, section 343.31, is 
278.12  amended to read: 
278.13     343.31 [ANIMAL FIGHTS PROHIBITED AND POSSESSION OF FIGHTING 
278.14  ANIMALS.] 
278.15     Subdivision 1.  [PENALTY FOR ANIMAL FIGHTING; ATTENDING 
278.16  ANIMAL FIGHT.] Any A person who: 
278.17     (1) promotes or, engages in, or is employed at in the 
278.18  activity of cockfighting, dogfighting, or violent pitting of one 
278.19  domestic animal against another of the same or a different kind; 
278.20  or 
278.21     (2) receives money for the admission of any a person to any 
278.22  a place used, or about to be used, for that activity; or 
278.23     (3) willfully permits any a person to enter or use for that 
278.24  activity premises of which the permitter is the owner, agent, or 
278.25  occupant; or 
278.26     (4) uses, trains, or possesses a dog or other animal for 
278.27  the purpose of participating in, engaging in, or promoting that 
278.28  activity 
278.29  is guilty of a felony.  Any A person who purchases a ticket of 
278.30  admission or otherwise gains admission to that activity is 
278.31  guilty of a misdemeanor. 
278.32     Subd. 2.  [PRESUMPTION OF TRAINING A FIGHTING DOG.] There 
278.33  is a rebuttable presumption that a dog has been trained or is 
278.34  being trained to fight if: 
278.35     (1) the dog exhibits fresh wounds, scarring, or other 
278.36  indications that the dog has been or will be used for fighting; 
279.1   or 
279.2      (2) the person possesses training apparatus, paraphernalia, 
279.3   or drugs known to be used to prepare dogs to be fought.  
279.4      This presumption may be rebutted by a preponderance of the 
279.5   evidence.  
279.6      Subd. 3.  [PRESUMPTION OF TRAINING FIGHTING BIRDS.] There 
279.7   is a rebuttable presumption that a bird has been trained or is 
279.8   being trained to fight if: 
279.9      (1) the bird exhibits fresh wounds, scarring, or other 
279.10  indications that the bird has been or will be used for fighting; 
279.11  or 
279.12     (2) the person possesses training apparatus, paraphernalia, 
279.13  or drugs known to be used to prepare birds to be fought.  
279.14     This presumption may be rebutted by a preponderance of the 
279.15  evidence.  
279.16     Subd. 4.  [PEACE OFFICER DUTIES.] Animals described in 
279.17  subdivisions 2 and 3 are dangerous weapons and constitute an 
279.18  immediate danger to the safety of humans.  A peace officer or 
279.19  animal control authority may remove, shelter, and care for an 
279.20  animal found in the circumstances described in subdivision 2 or 
279.21  3.  If necessary, a peace officer or animal control authority 
279.22  may deliver the animal to another person to be sheltered and 
279.23  cared for.  In all cases, the peace officer or animal control 
279.24  authority must immediately notify the owner, if known, as 
279.25  provided in subdivision 5.  The peace officer, animal control 
279.26  authority, or other person assuming care of the animal shall 
279.27  have a lien on it for the actual cost of care and keeping of the 
279.28  animal.  If the owner or custodian is unknown and cannot by 
279.29  reasonable effort be ascertained, or does not, within ten days 
279.30  after notice, redeem the animal by paying the expenses 
279.31  authorized by this subdivision, the animal may be disposed of as 
279.32  provided in subdivision 5. 
279.33     Subd. 5.  [DISPOSITION.] (a) An animal taken into custody 
279.34  under subdivision 4 may be humanely disposed of at the 
279.35  discretion of the jurisdiction having custody of the animal ten 
279.36  days after the animal is taken into custody, if the procedures 
280.1   in paragraph (c) are followed. 
280.2      (b) The owner of an animal taken into custody under 
280.3   subdivision 4 may prevent disposition of the animal by posting 
280.4   security in an amount sufficient to provide for the actual costs 
280.5   of care and keeping of the animal.  The security must be posted 
280.6   within ten days of the seizure inclusive of the date of the 
280.7   seizure.  If, however, a hearing is scheduled within ten days of 
280.8   the seizure, the security amount must be posted prior to the 
280.9   hearing. 
280.10     (c)(1) The authority taking custody of an animal under 
280.11  subdivision 4 must give notice of this section by delivering or 
280.12  mailing it to the owner of the animal, posting a copy of it at 
280.13  the place where the animal is taken into custody, or delivering 
280.14  it to a person residing on the property and telephoning, if 
280.15  possible.  The notice must include: 
280.16     (i) a description of the animal seized; the authority and 
280.17  purpose for the seizure; the time, place, and circumstances 
280.18  under which the animal was seized; and the location, address, 
280.19  and telephone number of a contact person who knows where the 
280.20  animal is kept; 
280.21     (ii) a statement that the owner of the animal may post 
280.22  security to prevent disposition of the animal and may request a 
280.23  hearing concerning the seizure and impoundment and that failure 
280.24  to do so within ten days of the date of the notice will result 
280.25  in disposition of the animal; and 
280.26     (iii) a statement that all actual costs of the care, 
280.27  keeping, and disposal of the animal are the responsibility of 
280.28  the owner of the animal, except to the extent that a court or 
280.29  hearing officer finds that the seizure or impoundment was not 
280.30  substantially justified by law.  The notice must also include a 
280.31  form that can be used by a person claiming an interest in the 
280.32  animal for requesting a hearing. 
280.33     (2) The owner may request a hearing within ten days of the 
280.34  date of the seizure.  If requested, a hearing must be held 
280.35  within five business days of the request to determine the 
280.36  validity of the impoundment.  The municipality taking custody of 
281.1   the animal or the municipality from which the animal was seized 
281.2   may either (i) authorize a licensed veterinarian with no 
281.3   financial interest in the matter or professional association 
281.4   with either party, or (ii) use the services of a hearing officer 
281.5   to conduct the hearing.  An owner may appeal the hearing 
281.6   officer's decision to the district court within five days of the 
281.7   notice of the decision. 
281.8      (3) The judge or hearing officer may authorize the return 
281.9   of the animal if the judge or hearing officer finds that (i) the 
281.10  animal is physically fit; (ii) the person claiming an interest 
281.11  in the animal can and will provide the care required by law for 
281.12  the animal; and (iii) the animal has not been used for violent 
281.13  pitting or fighting. 
281.14     (4) The person claiming an interest in the animal is liable 
281.15  for all actual costs of care, keeping, and disposal of the 
281.16  animal, except to the extent that a court or hearing officer 
281.17  finds that the seizure or impoundment was not substantially 
281.18  justified by law.  The costs must be paid in full or a mutually 
281.19  satisfactory arrangement for payment must be made between the 
281.20  municipality and the person claiming an interest in the animal 
281.21  before the return of the animal to the person. 
281.22     Subd. 6.  [PHOTOGRAPHS.] (a) Photographs of animals seized 
281.23  during an investigation are competent evidence if the 
281.24  photographs are admissible into evidence under all the rules of 
281.25  law governing the admissibility of photographs into evidence.  A 
281.26  satisfactorily identified photographic record is as admissible 
281.27  in evidence as the animal itself. 
281.28     (b) A photograph must be accompanied by a written 
281.29  description of the animals seized, the name of the owner of the 
281.30  animals seized, the date of the photograph, and the name, 
281.31  address, organization, and signature of the photographer. 
281.32     Subd. 7.  [VETERINARY INVESTIGATIVE REPORT.] (a) A report 
281.33  completed by a Minnesota licensed veterinarian following an 
281.34  examination of an animal seized during an investigation is 
281.35  competent evidence.  A satisfactorily identified veterinary 
281.36  investigative report is as admissible in evidence as the animal 
282.1   itself. 
282.2      (b) The veterinary investigative report may contain a 
282.3   written description of the animal seized, the medical evaluation 
282.4   of the physical findings, the prognosis for recovery, and the 
282.5   date of the examination and must contain the name, address, 
282.6   veterinary clinic, and signature of the veterinarian performing 
282.7   the examination. 
282.8      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
282.9   and applies to crimes committed on or after that date.  
282.10     Sec. 5.  Minnesota Statutes 2004, section 609.02, 
282.11  subdivision 16, is amended to read: 
282.12     Subd. 16.  [QUALIFIED DOMESTIC VIOLENCE-RELATED OFFENSE.] 
282.13  "Qualified domestic violence-related offense" includes the 
282.14  following offenses:  sections 518B.01, subdivision 14 (violation 
282.15  of domestic abuse order for protection); 609.221 (first-degree 
282.16  assault); 609.222 (second-degree assault); 609.223 (third-degree 
282.17  assault); 609.2231 (fourth-degree assault); 609.224 
282.18  (fifth-degree assault); 609.2242 (domestic assault); 609.2247 
282.19  (domestic assault by strangulation); 609.342 (first-degree 
282.20  criminal sexual conduct); 609.343 (second-degree criminal sexual 
282.21  conduct); 609.344 (third-degree criminal sexual conduct); 
282.22  609.345 (fourth-degree criminal sexual conduct); 609.377 
282.23  (malicious punishment of a child); 609.713 (terroristic 
282.24  threats); 609.748, subdivision 6 (violation of harassment 
282.25  restraining order); and 609.749 (harassment/stalking); and 
282.26  similar laws of other states, the United States, the District of 
282.27  Columbia, tribal lands, and United States territories. 
282.28     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
282.29  and applies to crimes committed on or after that date. 
282.30     Sec. 6.  Minnesota Statutes 2004, section 609.185, is 
282.31  amended to read: 
282.32     609.185 [MURDER IN THE FIRST DEGREE.] 
282.33     (a) Whoever does any of the following is guilty of murder 
282.34  in the first degree and shall be sentenced to imprisonment for 
282.35  life: 
282.36     (1) causes the death of a human being with premeditation 
283.1   and with intent to effect the death of the person or of another; 
283.2      (2) causes the death of a human being while committing or 
283.3   attempting to commit criminal sexual conduct in the first or 
283.4   second degree with force or violence, either upon or affecting 
283.5   the person or another; 
283.6      (3) causes the death of a human being with intent to effect 
283.7   the death of the person or another, while committing or 
283.8   attempting to commit burglary, aggravated robbery, kidnapping, 
283.9   arson in the first or second degree, a drive-by shooting, 
283.10  tampering with a witness in the first degree, escape from 
283.11  custody, or any felony violation of chapter 152 involving the 
283.12  unlawful sale of a controlled substance; 
283.13     (4) causes the death of a peace officer or a guard employed 
283.14  at a Minnesota state or local correctional facility, with intent 
283.15  to effect the death of that person or another, while the peace 
283.16  officer or guard is engaged in the performance of official 
283.17  duties; 
283.18     (5) causes the death of a minor while committing child 
283.19  abuse, when the perpetrator has engaged in a past pattern of 
283.20  child abuse upon the a child and the death occurs under 
283.21  circumstances manifesting an extreme indifference to human life; 
283.22     (6) causes the death of a human being while committing 
283.23  domestic abuse, when the perpetrator has engaged in a past 
283.24  pattern of domestic abuse upon the victim or upon another family 
283.25  or household member and the death occurs under circumstances 
283.26  manifesting an extreme indifference to human life; or 
283.27     (7) causes the death of a human being while committing, 
283.28  conspiring to commit, or attempting to commit a felony crime to 
283.29  further terrorism and the death occurs under circumstances 
283.30  manifesting an extreme indifference to human life. 
283.31     (b) For purposes of paragraph (a), clause (5), "child abuse"
283.32  means an act committed against a minor victim that constitutes a 
283.33  violation of the following laws of this state or any similar 
283.34  laws of the United States or any other state:  section 609.221; 
283.35  609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
283.36  609.345; 609.377; 609.378; or 609.713. 
284.1      (c) For purposes of paragraph (a), clause (6), "domestic 
284.2   abuse" means an act that: 
284.3      (1) constitutes a violation of section 609.221, 609.222, 
284.4   609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
284.5   609.713, or any similar laws of the United States or any other 
284.6   state; and 
284.7      (2) is committed against the victim who is a family or 
284.8   household member as defined in section 518B.01, subdivision 2, 
284.9   paragraph (b). 
284.10     (d) For purposes of paragraph (a), clause (7), "further 
284.11  terrorism" has the meaning given in section 609.714, subdivision 
284.12  1. 
284.13     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
284.14  following final enactment and applies to crimes committed on or 
284.15  after that date. 
284.16     Sec. 7.  Minnesota Statutes 2004, section 609.2231, 
284.17  subdivision 3, is amended to read: 
284.18     Subd. 3.  [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS; AND 
284.19  SECURE TREATMENT FACILITY PERSONNEL.] (a) As used in this 
284.20  subdivision:  
284.21     (1) "correctional facility" has the meaning given in 
284.22  section 241.021, subdivision 1, paragraph (f); and 
284.23     (2) "secure treatment facility" has the meaning given in 
284.24  section 253B.02, subdivision 18a.  
284.25     (b) Whoever commits either of the following acts against an 
284.26  employee of a correctional facility as defined in section 
284.27  241.021, subdivision 1, paragraph (f), or against a probation 
284.28  officer or other qualified person employed in supervising 
284.29  offenders, or against an employee or other individual who 
284.30  provides care or treatment at a secure treatment facility, while 
284.31  the employee, officer, or person is engaged in the performance 
284.32  of a duty imposed by law, policy, or rule is guilty of a felony 
284.33  and may be sentenced to imprisonment for not more than two years 
284.34  or to payment of a fine of not more than $4,000, or both: 
284.35     (1) assaults the employee person and inflicts demonstrable 
284.36  bodily harm; or 
285.1      (2) intentionally throws or otherwise transfers bodily 
285.2   fluids or feces at or onto the employee person. 
285.3      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
285.4   and applies to crimes committed on or after that date. 
285.5      Sec. 8.  Minnesota Statutes 2004, section 609.2242, 
285.6   subdivision 3, is amended to read: 
285.7      Subd. 3.  [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 
285.8   is convicted of a violation of this section or section 609.221, 
285.9   609.222, 609.223, or 609.224, or 609.2247, the court shall 
285.10  determine and make written findings on the record as to whether: 
285.11     (1) the assault was committed against a family or household 
285.12  member, as defined in section 518B.01, subdivision 2; 
285.13     (2) the defendant owns or possesses a firearm; and 
285.14     (3) the firearm was used in any way during the commission 
285.15  of the assault. 
285.16     (b) If the court determines that the assault was of a 
285.17  family or household member, and that the offender owns or 
285.18  possesses a firearm and used it in any way during the commission 
285.19  of the assault, it shall order that the firearm be summarily 
285.20  forfeited under section 609.5316, subdivision 3. 
285.21     (c) When a person is convicted of assaulting a family or 
285.22  household member and is determined by the court to have used a 
285.23  firearm in any way during commission of the assault, the court 
285.24  may order that the person is prohibited from possessing any type 
285.25  of firearm for any period longer than three years or for the 
285.26  remainder of the person's life.  A person who violates this 
285.27  paragraph is guilty of a gross misdemeanor.  At the time of the 
285.28  conviction, the court shall inform the defendant whether and for 
285.29  how long the defendant is prohibited from possessing a firearm 
285.30  and that it is a gross misdemeanor to violate this paragraph.  
285.31  The failure of the court to provide this information to a 
285.32  defendant does not affect the applicability of the firearm 
285.33  possession prohibition or the gross misdemeanor penalty to that 
285.34  defendant. 
285.35     (d) Except as otherwise provided in paragraph (c), when a 
285.36  person is convicted of a violation of this section or section 
286.1   609.224 and the court determines that the victim was a family or 
286.2   household member, the court shall inform the defendant that the 
286.3   defendant is prohibited from possessing a pistol for three years 
286.4   from the date of conviction and that it is a gross misdemeanor 
286.5   offense to violate this prohibition.  The failure of the court 
286.6   to provide this information to a defendant does not affect the 
286.7   applicability of the pistol possession prohibition or the gross 
286.8   misdemeanor penalty to that defendant. 
286.9      (e) Except as otherwise provided in paragraph (c), a person 
286.10  is not entitled to possess a pistol if the person has been 
286.11  convicted after August 1, 1992, of domestic assault under this 
286.12  section or assault in the fifth degree under section 609.224 and 
286.13  the assault victim was a family or household member as defined 
286.14  in section 518B.01, subdivision 2, unless three years have 
286.15  elapsed from the date of conviction and, during that time, the 
286.16  person has not been convicted of any other violation of this 
286.17  section or section 609.224.  Property rights may not be abated 
286.18  but access may be restricted by the courts.  A person who 
286.19  possesses a pistol in violation of this paragraph is guilty of a 
286.20  gross misdemeanor. 
286.21     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
286.22  and applies to crimes committed on or after that date. 
286.23     Sec. 9.  [609.2247] [DOMESTIC ASSAULT BY STRANGULATION.] 
286.24     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
286.25  the following terms have the meanings given. 
286.26     (b) "Family or household members" has the meaning given in 
286.27  section 518B.01, subdivision 2. 
286.28     (c) "Strangulation" means intentionally impeding normal 
286.29  breathing or circulation of the blood by applying pressure on 
286.30  the throat or neck or by blocking the nose or mouth of another 
286.31  person. 
286.32     Subd. 2.  [CRIME.] Unless a greater penalty is provided 
286.33  elsewhere, whoever assaults a family or household member by 
286.34  strangulation is guilty of a gross misdemeanor. 
286.35     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
286.36  and applies to crimes committed on or after that date. 
287.1      Sec. 10.  Minnesota Statutes 2004, section 609.229, 
287.2   subdivision 3, is amended to read: 
287.3      Subd. 3.  [PENALTY.] (a) If the crime committed in 
287.4   violation of subdivision 2 or 5 is a felony, the statutory 
287.5   maximum for the crime is five years longer than the statutory 
287.6   maximum for the underlying crime. 
287.7      (b) If the crime committed in violation of subdivision 2 or 
287.8   5 is a misdemeanor, the person is guilty of a gross misdemeanor. 
287.9      (c) If the crime committed in violation of subdivision 2 or 
287.10  5 is a gross misdemeanor, the person is guilty of a felony and 
287.11  may be sentenced to imprisonment for not more than three years 
287.12  or to payment of a fine of not more than $15,000, or both. 
287.13     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
287.14  and applies to crimes committed on or after that date. 
287.15     Sec. 11.  Minnesota Statutes 2004, section 609.229, is 
287.16  amended by adding a subdivision to read: 
287.17     Subd. 5.  [GANG MEMBER; CRIME AGAINST A CHILD.] (a) For 
287.18  purposes of this subdivision, "child" means an individual under 
287.19  18 years of age. 
287.20     (b) A person who is a member of a gang who commits a crime 
287.21  against a child is guilty of a crime and may be sentenced as 
287.22  provided in subdivision 3. 
287.23     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
287.24  and applies to crimes committed on or after that date. 
287.25     Sec. 12.  Minnesota Statutes 2004, section 609.233, 
287.26  subdivision 1, is amended to read: 
287.27     Subdivision 1.  [CRIME.] A caregiver or operator who 
287.28  intentionally neglects a vulnerable adult or knowingly permits 
287.29  conditions to exist that result in the abuse or neglect of a 
287.30  vulnerable adult is guilty of a gross misdemeanor criminal 
287.31  neglect and may be sentenced as provided in subdivision 3.  For 
287.32  purposes of this section, "abuse" has the meaning given in 
287.33  section 626.5572, subdivision 2, and "neglect" means a failure 
287.34  to provide a vulnerable adult with necessary food, clothing, 
287.35  shelter, health care, or supervision. 
287.36     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
288.1   and applies to crimes committed on or after that date. 
288.2      Sec. 13.  Minnesota Statutes 2004, section 609.233, is 
288.3   amended by adding a subdivision to read: 
288.4      Subd. 3.  [PENALTIES.] (a) A person who violates 
288.5   subdivision 1 may be sentenced as follows: 
288.6      (1) if neglect results in the death of a vulnerable adult, 
288.7   imprisonment for not more than ten years or payment of a fine of 
288.8   not more than $20,000, or both; 
288.9      (2) if neglect results in substantial bodily harm or the 
288.10  risk of death, imprisonment for not more than five years or 
288.11  payment of a fine of not more than $10,000, or both; or 
288.12     (3) in other cases, imprisonment for not more than one year 
288.13  or payment of a fine of not more than $3,000, or both. 
288.14     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
288.15  and applies to crimes committed on or after that date. 
288.16     Sec. 14.  Minnesota Statutes 2004, section 609.321, 
288.17  subdivision 12, is amended to read: 
288.18     Subd. 12.  [PUBLIC PLACE.] A "public place" means a public 
288.19  street or sidewalk, a pedestrian skyway system as defined in 
288.20  section 469.125, subdivision 4, a hotel, motel, or other place 
288.21  of public accommodation, or a place licensed to sell 
288.22  intoxicating liquor, wine, nonintoxicating malt beverages, or 
288.23  food, or a motor vehicle located on a public street, alley, or 
288.24  parking lot ordinarily used by or available to the public though 
288.25  not used as a matter of right and a driveway connecting such a 
288.26  parking lot with a street or highway.  
288.27     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
288.28  and applies to crimes committed on or after that date. 
288.29     Sec. 15.  Minnesota Statutes 2004, section 609.378, 
288.30  subdivision 1, is amended to read: 
288.31     Subdivision 1.  [PERSONS GUILTY OF NEGLECT OR 
288.32  ENDANGERMENT.] (a)  [NEGLECT.] (1) A parent, legal guardian, or 
288.33  caretaker who willfully deprives a child of necessary food, 
288.34  clothing, shelter, health care, or supervision appropriate to 
288.35  the child's age, when the parent, guardian, or caretaker is 
288.36  reasonably able to make the necessary provisions and the 
289.1   deprivation harms or is likely to substantially harm the child's 
289.2   physical, mental, or emotional health is guilty of neglect of a 
289.3   child and may be sentenced to imprisonment for not more than one 
289.4   year or to payment of a fine of not more than $3,000, or both.  
289.5   If the deprivation results in substantial harm to the child's 
289.6   physical, mental, or emotional health, the person may be 
289.7   sentenced to imprisonment for not more than five years or to 
289.8   payment of a fine of not more than $10,000, or both.  If a 
289.9   parent, guardian, or caretaker responsible for the child's care 
289.10  in good faith selects and depends upon spiritual means or prayer 
289.11  for treatment or care of disease or remedial care of the child, 
289.12  this treatment or care is "health care," for purposes of this 
289.13  clause. 
289.14     (2) A parent, legal guardian, or caretaker who knowingly 
289.15  permits the continuing physical or sexual abuse of a child is 
289.16  guilty of neglect of a child and may be sentenced to 
289.17  imprisonment for not more than one year or to payment of a fine 
289.18  of not more than $3,000, or both.  
289.19     (3) A parent, legal guardian, or caretaker who is 
289.20  responsible for a child who is eight years of age or younger 
289.21  shall not leave that child in a motor vehicle where the child is 
289.22  not supervised by a person who is at least 14 years of age, if: 
289.23     (i) the conditions present a risk to the child's health or 
289.24  safety; or 
289.25     (ii) the engine of the motor vehicle is running or the keys 
289.26  to the motor vehicle are anywhere in the passenger compartment 
289.27  of the vehicle. 
289.28  A person who violates this paragraph is guilty of neglect of a 
289.29  child and may be sentenced to imprisonment for not more than 90 
289.30  days or to payment of a fine of not more than $1,000, or both.  
289.31     (b)  [ENDANGERMENT.] A parent, legal guardian, or caretaker 
289.32  who endangers the child's person or health by: 
289.33     (1) intentionally or recklessly causing or permitting a 
289.34  child to be placed in a situation likely to substantially harm 
289.35  the child's physical, mental, or emotional health or cause the 
289.36  child's death; or 
290.1      (2) knowingly causing or permitting the child to be present 
290.2   where any person is selling, manufacturing, possessing immediate 
290.3   precursors or chemical substances with intent to manufacture, or 
290.4   possessing a controlled substance, as defined in section 152.01, 
290.5   subdivision 4, in violation of section 152.021, 152.022, 
290.6   152.023, or 152.024; is guilty of child endangerment and may be 
290.7   sentenced to imprisonment for not more than one year or to 
290.8   payment of a fine of not more than $3,000, or both.  
290.9      If the endangerment results in substantial harm to the 
290.10  child's physical, mental, or emotional health, the person may be 
290.11  sentenced to imprisonment for not more than five years or to 
290.12  payment of a fine of not more than $10,000, or both.  
290.13     This paragraph does not prevent a parent, legal guardian, 
290.14  or caretaker from causing or permitting a child to engage in 
290.15  activities that are appropriate to the child's age, stage of 
290.16  development, and experience, or from selecting health care as 
290.17  defined in subdivision 1, paragraph (a). 
290.18     (c)  [ENDANGERMENT BY FIREARM ACCESS.] A person who 
290.19  intentionally or recklessly causes a child under 14 years of age 
290.20  to be placed in a situation likely to substantially harm the 
290.21  child's physical health or cause the child's death as a result 
290.22  of the child's access to a loaded firearm is guilty of child 
290.23  endangerment and may be sentenced to imprisonment for not more 
290.24  than one year or to payment of a fine of not more than $3,000, 
290.25  or both. 
290.26     If the endangerment results in substantial harm to the 
290.27  child's physical health, the person may be sentenced to 
290.28  imprisonment for not more than five years or to payment of a 
290.29  fine of not more than $10,000, or both. 
290.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
290.31  and applies to crimes committed on or after that date. 
290.32     Sec. 16.  Minnesota Statutes 2004, section 609.487, is 
290.33  amended by adding a subdivision to read: 
290.34     Subd. 6.  [FLEEING, OTHER THAN VEHICLE.] Whoever, for the 
290.35  purpose of avoiding arrest, detention, or investigation, or in 
290.36  order to conceal or destroy potential evidence related to the 
291.1   commission of a crime, attempts to evade or elude a peace 
291.2   officer, who is acting in the lawful discharge of an official 
291.3   duty, by means of running, hiding, or by any other means except 
291.4   fleeing in a motor vehicle, is guilty of a misdemeanor. 
291.5      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
291.6   and applies to crimes committed on or after that date. 
291.7      Sec. 17.  Minnesota Statutes 2004, section 609.50, 
291.8   subdivision 1, is amended to read: 
291.9      Subdivision 1.  [CRIME.] Whoever intentionally does any of 
291.10  the following may be sentenced as provided in subdivision 2: 
291.11     (1) obstructs, hinders, or prevents the lawful execution of 
291.12  any legal process, civil or criminal, or apprehension of another 
291.13  on a charge or conviction of a criminal offense; 
291.14     (2) obstructs, resists, or interferes with a peace officer 
291.15  while the officer is engaged in the performance of official 
291.16  duties; 
291.17     (3) interferes with or obstructs the prevention or 
291.18  extinguishing of a fire, or disobeys the lawful order of a 
291.19  firefighter present at the fire; or 
291.20     (4) interferes with or obstructs a member of an ambulance 
291.21  service personnel crew, as defined in section 144E.001, 
291.22  subdivision 3a, who is providing, or attempting to provide, 
291.23  emergency care; or 
291.24     (5) by force or threat of force endeavors to obstruct any 
291.25  employee of the Department of Revenue while the employee is 
291.26  lawfully engaged in the performance of official duties for the 
291.27  purpose of deterring or interfering with the performance of 
291.28  those duties.  
291.29     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
291.30  and applies to crimes committed on or after that date. 
291.31     Sec. 18.  Minnesota Statutes 2004, section 609.505, is 
291.32  amended to read: 
291.33     609.505 [FALSELY REPORTING CRIME.] 
291.34     Subdivision 1.  [FALSE REPORTING.] Whoever informs a law 
291.35  enforcement officer that a crime has been committed or otherwise 
291.36  provides information to an on-duty peace officer regarding the 
292.1   conduct of others, knowing that it is false and intending that 
292.2   the officer shall act in reliance upon it, is guilty of a 
292.3   misdemeanor.  A person who is convicted a second or subsequent 
292.4   time under this section is guilty of a gross misdemeanor. 
292.5      Subd. 2.  [REPORTING POLICE MISCONDUCT.] (a) Whoever 
292.6   informs, or causes information to be communicated to, a public 
292.7   officer, as defined in section 609.415, subdivision 1, or an 
292.8   employee thereof, whose responsibilities include investigating 
292.9   or reporting police misconduct, that a peace officer, as defined 
292.10  in section 626.84, subdivision 1, paragraph (c), has committed 
292.11  an act of police misconduct, knowing that the information is 
292.12  false, is guilty of a crime and may be sentenced as follows: 
292.13     (1) up to the maximum provided for a misdemeanor if the 
292.14  false information does not allege a criminal act; or 
292.15     (2) up to the maximum provided for a gross misdemeanor if 
292.16  the false information alleges a criminal act. 
292.17     (b) The court shall order any person convicted of a 
292.18  violation of this subdivision to make full restitution of all 
292.19  reasonable expenses incurred in the investigation of the false 
292.20  allegation unless the court makes a specific written finding 
292.21  that restitution would be inappropriate under the 
292.22  circumstances.  A restitution award may not exceed $3,000. 
292.23     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
292.24  and applies to crimes committed on or after that date. 
292.25     Sec. 19.  Minnesota Statutes 2004, section 609.52, 
292.26  subdivision 2, is amended to read: 
292.27     Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
292.28  the following commits theft and may be sentenced as provided in 
292.29  subdivision 3: 
292.30     (1) intentionally and without claim of right takes, uses, 
292.31  transfers, conceals or retains possession of movable property of 
292.32  another without the other's consent and with intent to deprive 
292.33  the owner permanently of possession of the property; or 
292.34     (2) with or without having a legal interest in movable 
292.35  property, intentionally and without consent, takes the property 
292.36  out of the possession of a pledgee or other person having a 
293.1   superior right of possession, with intent thereby to deprive the 
293.2   pledgee or other person permanently of the possession of the 
293.3   property; or 
293.4      (3) obtains for the actor or another the possession, 
293.5   custody, or title to property of or performance of services by a 
293.6   third person by intentionally deceiving the third person with a 
293.7   false representation which is known to be false, made with 
293.8   intent to defraud, and which does defraud the person to whom it 
293.9   is made.  "False representation" includes without limitation: 
293.10     (i) the issuance of a check, draft, or order for the 
293.11  payment of money, except a forged check as defined in section 
293.12  609.631, or the delivery of property knowing that the actor is 
293.13  not entitled to draw upon the drawee therefor or to order the 
293.14  payment or delivery thereof; or 
293.15     (ii) a promise made with intent not to perform.  Failure to 
293.16  perform is not evidence of intent not to perform unless 
293.17  corroborated by other substantial evidence; or 
293.18     (iii) the preparation or filing of a claim for 
293.19  reimbursement, a rate application, or a cost report used to 
293.20  establish a rate or claim for payment for medical care provided 
293.21  to a recipient of medical assistance under chapter 256B, which 
293.22  intentionally and falsely states the costs of or actual services 
293.23  provided by a vendor of medical care; or 
293.24     (iv) the preparation or filing of a claim for reimbursement 
293.25  for providing treatment or supplies required to be furnished to 
293.26  an employee under section 176.135 which intentionally and 
293.27  falsely states the costs of or actual treatment or supplies 
293.28  provided; or 
293.29     (v) the preparation or filing of a claim for reimbursement 
293.30  for providing treatment or supplies required to be furnished to 
293.31  an employee under section 176.135 for treatment or supplies that 
293.32  the provider knew were medically unnecessary, inappropriate, or 
293.33  excessive; or 
293.34     (4) by swindling, whether by artifice, trick, device, or 
293.35  any other means, obtains property or services from another 
293.36  person; or 
294.1      (5) intentionally commits any of the acts listed in this 
294.2   subdivision but with intent to exercise temporary control only 
294.3   and: 
294.4      (i) the control exercised manifests an indifference to the 
294.5   rights of the owner or the restoration of the property to the 
294.6   owner; or 
294.7      (ii) the actor pledges or otherwise attempts to subject the 
294.8   property to an adverse claim; or 
294.9      (iii) the actor intends to restore the property only on 
294.10  condition that the owner pay a reward or buy back or make other 
294.11  compensation; or 
294.12     (6) finds lost property and, knowing or having reasonable 
294.13  means of ascertaining the true owner, appropriates it to the 
294.14  finder's own use or to that of another not entitled thereto 
294.15  without first having made reasonable effort to find the owner 
294.16  and offer and surrender the property to the owner; or 
294.17     (7) intentionally obtains property or services, offered 
294.18  upon the deposit of a sum of money or tokens in a coin or token 
294.19  operated machine or other receptacle, without making the 
294.20  required deposit or otherwise obtaining the consent of the 
294.21  owner; or 
294.22     (8) intentionally and without claim of right converts any 
294.23  article representing a trade secret, knowing it to be such, to 
294.24  the actor's own use or that of another person or makes a copy of 
294.25  an article representing a trade secret, knowing it to be such, 
294.26  and intentionally and without claim of right converts the same 
294.27  to the actor's own use or that of another person.  It shall be a 
294.28  complete defense to any prosecution under this clause for the 
294.29  defendant to show that information comprising the trade secret 
294.30  was rightfully known or available to the defendant from a source 
294.31  other than the owner of the trade secret; or 
294.32     (9) leases or rents personal property under a written 
294.33  instrument and who: 
294.34     (i) with intent to place the property beyond the control of 
294.35  the lessor conceals or aids or abets the concealment of the 
294.36  property or any part thereof; or 
295.1      (ii) sells, conveys, or encumbers the property or any part 
295.2   thereof without the written consent of the lessor, without 
295.3   informing the person to whom the lessee sells, conveys, or 
295.4   encumbers that the same is subject to such lease or rental 
295.5   contract with intent to deprive the lessor of possession 
295.6   thereof; or 
295.7      (iii) does not return the property to the lessor at the end 
295.8   of the lease or rental term, plus agreed upon extensions, with 
295.9   intent to wrongfully deprive the lessor of possession of the 
295.10  property; or 
295.11     (iv) returns the property to the lessor at the end of the 
295.12  lease or rental term, plus agreed upon extensions, but does not 
295.13  pay the lease or rental charges agreed upon in the written 
295.14  instrument, with intent to wrongfully deprive the lessor of the 
295.15  agreed upon charges.  
295.16  For the purposes of items (iii) and (iv), the value of the 
295.17  property must be at least $100. 
295.18  Evidence that a lessee used a false, fictitious, or not current 
295.19  name, address, or place of employment in obtaining the property 
295.20  or fails or refuses to return the property or pay the rental 
295.21  contract charges to lessor within five days after written demand 
295.22  for the return has been served personally in the manner provided 
295.23  for service of process of a civil action or sent by certified 
295.24  mail to the last known address of the lessee, whichever shall 
295.25  occur later, shall be evidence of intent to violate this 
295.26  clause.  Service by certified mail shall be deemed to be 
295.27  complete upon deposit in the United States mail of such demand, 
295.28  postpaid and addressed to the person at the address for the 
295.29  person set forth in the lease or rental agreement, or, in the 
295.30  absence of the address, to the person's last known place of 
295.31  residence; or 
295.32     (10) alters, removes, or obliterates numbers or symbols 
295.33  placed on movable property for purpose of identification by the 
295.34  owner or person who has legal custody or right to possession 
295.35  thereof with the intent to prevent identification, if the person 
295.36  who alters, removes, or obliterates the numbers or symbols is 
296.1   not the owner and does not have the permission of the owner to 
296.2   make the alteration, removal, or obliteration; or 
296.3      (11) with the intent to prevent the identification of 
296.4   property involved, so as to deprive the rightful owner of 
296.5   possession thereof, alters or removes any permanent serial 
296.6   number, permanent distinguishing number or manufacturer's 
296.7   identification number on personal property or possesses, sells 
296.8   or buys any personal property knowing or having reason to know 
296.9   that the permanent serial number, permanent distinguishing 
296.10  number or manufacturer's identification number has been removed 
296.11  or altered; or 
296.12     (12) intentionally deprives another of a lawful charge for 
296.13  cable television service by: 
296.14     (i) making or using or attempting to make or use an 
296.15  unauthorized external connection outside the individual dwelling 
296.16  unit whether physical, electrical, acoustical, inductive, or 
296.17  other connection; or by 
296.18     (ii) attaching any unauthorized device to any cable, wire, 
296.19  microwave, or other component of a licensed cable communications 
296.20  system as defined in chapter 238.  Nothing herein shall be 
296.21  construed to prohibit the electronic video rerecording of 
296.22  program material transmitted on the cable communications system 
296.23  by a subscriber for fair use as defined by Public Law 94-553, 
296.24  section 107; or 
296.25     (13) except as provided in paragraphs (12) and (14), 
296.26  obtains the services of another with the intention of receiving 
296.27  those services without making the agreed or reasonably expected 
296.28  payment of money or other consideration; or 
296.29     (14) intentionally deprives another of a lawful charge for 
296.30  telecommunications service by:  
296.31     (i) making, using, or attempting to make or use an 
296.32  unauthorized connection whether physical, electrical, by wire, 
296.33  microwave, radio, or other means to a component of a local 
296.34  telecommunication system as provided in chapter 237; or 
296.35     (ii) attaching an unauthorized device to a cable, wire, 
296.36  microwave, radio, or other component of a local 
297.1   telecommunication system as provided in chapter 237.  
297.2      The existence of an unauthorized connection is prima facie 
297.3   evidence that the occupier of the premises:  
297.4      (i) made or was aware of the connection; and 
297.5      (ii) was aware that the connection was unauthorized; or 
297.6      (15) with intent to defraud, diverts corporate property 
297.7   other than in accordance with general business purposes or for 
297.8   purposes other than those specified in the corporation's 
297.9   articles of incorporation; or 
297.10     (16) with intent to defraud, authorizes or causes a 
297.11  corporation to make a distribution in violation of section 
297.12  302A.551, or any other state law in conformity with it; or 
297.13     (17) takes or drives a motor vehicle without the consent of 
297.14  the owner or an authorized agent of the owner, knowing or having 
297.15  reason to know that the owner or an authorized agent of the 
297.16  owner did not give consent. 
297.17     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
297.18  and applies to crimes committed on or after that date. 
297.19     Sec. 20.  Minnesota Statutes 2004, section 609.527, 
297.20  subdivision 1, is amended to read: 
297.21     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
297.22  the following terms have the meanings given them in this 
297.23  subdivision. 
297.24     (b) "Direct victim" means any person or entity described in 
297.25  section 611A.01, paragraph (b), whose identity has been 
297.26  transferred, used, or possessed in violation of this section. 
297.27     (c) "False pretense" means any false, fictitious, 
297.28  misleading, or fraudulent information or pretense or pretext 
297.29  depicting or including or deceptively similar to the name, logo, 
297.30  Web site address, e-mail address, postal address, telephone 
297.31  number, or any other identifying information of a for-profit or 
297.32  not-for-profit business or organization or of a government 
297.33  agency, to which the user has no legitimate claim of right. 
297.34     (d) "Identity" means any name, number, or data transmission 
297.35  that may be used, alone or in conjunction with any other 
297.36  information, to identify a specific individual or entity, 
298.1   including any of the following: 
298.2      (1) a name, Social Security number, date of birth, official 
298.3   government-issued driver's license or identification number, 
298.4   government passport number, or employer or taxpayer 
298.5   identification number; 
298.6      (2) unique electronic identification number, address, 
298.7   account number, or routing code; or 
298.8      (3) telecommunication identification information or access 
298.9   device. 
298.10     (d) (e) "Indirect victim" means any person or entity 
298.11  described in section 611A.01, paragraph (b), other than a direct 
298.12  victim. 
298.13     (e) (f) "Loss" means value obtained, as defined in section 
298.14  609.52, subdivision 1, clause (3), and expenses incurred by a 
298.15  direct or indirect victim as a result of a violation of this 
298.16  section. 
298.17     (f) (g) "Unlawful activity" means: 
298.18     (1) any felony violation of the laws of this state or any 
298.19  felony violation of a similar law of another state or the United 
298.20  States; and 
298.21     (2) any nonfelony violation of the laws of this state 
298.22  involving theft, theft by swindle, forgery, fraud, or giving 
298.23  false information to a public official, or any nonfelony 
298.24  violation of a similar law of another state or the United States.
298.25     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
298.26  and applies to crimes committed on or after that date. 
298.27     Sec. 21.  Minnesota Statutes 2004, section 609.527, 
298.28  subdivision 3, is amended to read: 
298.29     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
298.30  may be sentenced as follows: 
298.31     (1) if the offense involves a single direct victim and the 
298.32  total, combined loss to the direct victim and any indirect 
298.33  victims is $250 or less, the person may be sentenced as provided 
298.34  in section 609.52, subdivision 3, clause (5); 
298.35     (2) if the offense involves a single direct victim and the 
298.36  total, combined loss to the direct victim and any indirect 
299.1   victims is more than $250 but not more than $500, the person may 
299.2   be sentenced as provided in section 609.52, subdivision 3, 
299.3   clause (4); 
299.4      (3) if the offense involves two or three direct victims or 
299.5   the total, combined loss to the direct and indirect victims is 
299.6   more than $500 but not more than $2,500, the person may be 
299.7   sentenced as provided in section 609.52, subdivision 3, clause 
299.8   (3); 
299.9      (4) if the offense involves more than three but not more 
299.10  than seven direct victims, or if the total combined loss to the 
299.11  direct and indirect victims is more than $2,500, the person may 
299.12  be sentenced as provided in section 609.52, subdivision 3, 
299.13  clause (2); and 
299.14     (5) if the offense involves eight or more direct victims,; 
299.15  or if the total, combined loss to the direct and indirect 
299.16  victims is more than $35,000,; or if the offense is related to 
299.17  possession or distribution of pornographic work in violation of 
299.18  section 617.246 or 617.247; the person may be sentenced as 
299.19  provided in section 609.52, subdivision 3, clause (1). 
299.20     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
299.21  and applies to crimes committed on or after that date. 
299.22     Sec. 22.  Minnesota Statutes 2004, section 609.527, 
299.23  subdivision 4, is amended to read: 
299.24     Subd. 4.  [RESTITUTION; ITEMS PROVIDED TO VICTIM.] (a) A 
299.25  direct or indirect victim of an identity theft crime shall be 
299.26  considered a victim for all purposes, including any rights that 
299.27  accrue under chapter 611A and rights to court-ordered 
299.28  restitution. 
299.29     (b) The court shall order a person convicted of violating 
299.30  subdivision 2 to pay restitution of not less than $1,000 to each 
299.31  direct victim of the offense. 
299.32     (c) Upon the written request of a direct victim or the 
299.33  prosecutor setting forth with specificity the facts and 
299.34  circumstances of the offense in a proposed order, the court 
299.35  shall provide to the victim, without cost, a certified copy of 
299.36  the complaint filed in the matter, the judgment of conviction, 
300.1   and an order setting forth the facts and circumstances of the 
300.2   offense. 
300.3      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
300.4   and applies to crimes committed on or after that date. 
300.5      Sec. 23.  Minnesota Statutes 2004, section 609.527, is 
300.6   amended by adding a subdivision to read: 
300.7      Subd. 5a.  [CRIME OF ELECTRONIC USE OF FALSE PRETENSE TO 
300.8   OBTAIN IDENTITY.] (a) A person who, with intent to obtain the 
300.9   identity of another, uses a false pretense in an e-mail to 
300.10  another person or in a Web page, electronic communication, 
300.11  advertisement, or any other communication on the Internet, is 
300.12  guilty of a crime. 
300.13     (b) Whoever commits such offense may be sentenced to 
300.14  imprisonment for not more than five years or to payment of a 
300.15  fine of not more than $10,000, or both. 
300.16     (c) In a prosecution under this subdivision, it is not a 
300.17  defense that: 
300.18     (1) the person committing the offense did not obtain the 
300.19  identity of another; 
300.20     (2) the person committing the offense did not use the 
300.21  identity; or 
300.22     (3) the offense did not result in financial loss or any 
300.23  other loss to any person. 
300.24     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
300.25  and applies to crimes committed on or after that date. 
300.26     Sec. 24.  Minnesota Statutes 2004, section 609.527, 
300.27  subdivision 6, is amended to read: 
300.28     Subd. 6.  [VENUE.] Notwithstanding anything to the contrary 
300.29  in section 627.01, an offense committed under subdivision 2 or 
300.30  5a may be prosecuted in: 
300.31     (1) the county where the offense occurred; or 
300.32     (2) the county of residence or place of business of the 
300.33  direct victim or indirect victim; or 
300.34     (3) in the case of a violation of subdivision 5a, the 
300.35  county of residence of the person whose identity was obtained or 
300.36  sought. 
301.1      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
301.2   and applies to crimes committed on or after that date. 
301.3      Sec. 25.  Minnesota Statutes 2004, section 609.605, 
301.4   subdivision 1, is amended to read: 
301.5      Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
301.6   the meanings given them for purposes of this section. 
301.7      (i) "Premises" means real property and any appurtenant 
301.8   building or structure. 
301.9      (ii) "Dwelling" means the building or part of a building 
301.10  used by an individual as a place of residence on either a 
301.11  full-time or a part-time basis.  A dwelling may be part of a 
301.12  multidwelling or multipurpose building, or a manufactured home 
301.13  as defined in section 168.011, subdivision 8. 
301.14     (iii) "Construction site" means the site of the 
301.15  construction, alteration, painting, or repair of a building or 
301.16  structure. 
301.17     (iv) "Owner or lawful possessor," as used in paragraph (b), 
301.18  clause (9), means the person on whose behalf a building or 
301.19  dwelling is being constructed, altered, painted, or repaired and 
301.20  the general contractor or subcontractor engaged in that work. 
301.21     (v) "Posted," as used: 
301.22     (A) in clause (9), means the placement of a sign at least 
301.23  11 inches square in a conspicuous place on the exterior of the 
301.24  building that is under construction, alteration, or repair, and 
301.25  additional signs in at least two conspicuous places for each ten 
301.26  acres being protected.  The sign must carry an appropriate 
301.27  notice and the name of the person giving the notice, followed by 
301.28  the word "owner" if the person giving the notice is the holder 
301.29  of legal title to the land on which the construction site is 
301.30  located or by the word "occupant" if the person giving the 
301.31  notice is not the holder of legal title but is a lawful occupant 
301.32  of the land; and 
301.33     (B) in clause (10), means the placement of signs that: 
301.34     (I) state "no trespassing" or similar terms; 
301.35     (II) display letters at least two inches high; 
301.36     (III) state that Minnesota law prohibits trespassing on the 
302.1   property; and 
302.2      (IV) are posted in a conspicuous place and at intervals of 
302.3   500 feet or less. 
302.4      (vi) "Business licensee," as used in paragraph (b), clause 
302.5   (9), includes a representative of a building trades labor or 
302.6   management organization. 
302.7      (vii) "Building" has the meaning given in section 609.581, 
302.8   subdivision 2. 
302.9      (b) A person is guilty of a misdemeanor if the person 
302.10  intentionally: 
302.11     (1) permits domestic animals or fowls under the actor's 
302.12  control to go on the land of another within a city; 
302.13     (2) interferes unlawfully with a monument, sign, or pointer 
302.14  erected or marked to designate a point of a boundary, line or a 
302.15  political subdivision, or of a tract of land; 
302.16     (3) trespasses on the premises of another and, without 
302.17  claim of right, refuses to depart from the premises on demand of 
302.18  the lawful possessor; 
302.19     (4) occupies or enters the dwelling or locked or posted 
302.20  building of another, without claim of right or consent of the 
302.21  owner or the consent of one who has the right to give consent, 
302.22  except in an emergency situation; 
302.23     (5) enters the premises of another with intent to take or 
302.24  injure any fruit, fruit trees, or vegetables growing on the 
302.25  premises, without the permission of the owner or occupant; 
302.26     (6) enters or is found on the premises of a public or 
302.27  private cemetery without authorization during hours the cemetery 
302.28  is posted as closed to the public; 
302.29     (7) returns to the property of another with the intent to 
302.30  abuse, disturb, or cause distress in or threaten another, after 
302.31  being told to leave the property and not to return, if the actor 
302.32  is without claim of right to the property or consent of one with 
302.33  authority to consent; 
302.34     (8) returns to the property of another within 30 days one 
302.35  year after being told to leave the property and not to return, 
302.36  if the actor is without claim of right to the property or 
303.1   consent of one with authority to consent; or 
303.2      (9) enters the locked or posted construction site of 
303.3   another without the consent of the owner or lawful possessor, 
303.4   unless the person is a business licensee; or 
303.5      (10) enters the locked or posted aggregate mining site of 
303.6   another without the consent of the owner or lawful possessor, 
303.7   unless the person is a business licensee. 
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. 26.  Minnesota Statutes 2004, section 609.605, 
303.11  subdivision 4, is amended to read: 
303.12     Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
303.13  misdemeanor for a person to enter or be found in a public or 
303.14  nonpublic elementary, middle, or secondary school building 
303.15  unless the person: 
303.16     (1) is an enrolled student in, a parent or guardian of an 
303.17  enrolled student in, or an employee of the school or school 
303.18  district; 
303.19     (2) has permission or an invitation from a school official 
303.20  to be in the building; 
303.21     (3) is attending a school event, class, or meeting to which 
303.22  the person, the public, or a student's family is invited; or 
303.23     (4) has reported the person's presence in the school 
303.24  building in the manner required for visitors to the school. 
303.25     (b) It is a gross misdemeanor for a group of three or more 
303.26  persons to enter or be found in a public or nonpublic 
303.27  elementary, middle, or secondary school building unless one of 
303.28  the persons: 
303.29     (1) is an enrolled student in, a parent or guardian of an 
303.30  enrolled student in, or an employee of the school or school 
303.31  district; 
303.32     (2) has permission or an invitation from a school official 
303.33  to be in the building; 
303.34     (3) is attending a school event, class, or meeting to which 
303.35  the person, the public, or a student's family is invited; or 
303.36     (4) has reported the person's presence in the school 
304.1   building in the manner required for visitors to the school. 
304.2      (c) It is a misdemeanor for a person to enter or be found 
304.3   on school property within six months one year after being told 
304.4   by the school principal or the principal's designee to leave the 
304.5   property and not to return, unless the principal or the 
304.6   principal's designee has given the person permission to return 
304.7   to the property.  As used in this paragraph, "school property" 
304.8   has the meaning given in section 152.01, subdivision 14a, 
304.9   clauses (1) and (3). 
304.10     (d) A school principal or a school employee designated by 
304.11  the school principal to maintain order on school property, who 
304.12  has reasonable cause to believe that a person is violating this 
304.13  subdivision may detain the person in a reasonable manner for a 
304.14  reasonable period of time pending the arrival of a peace 
304.15  officer.  A school principal or designated school employee is 
304.16  not civilly or criminally liable for any action authorized under 
304.17  this paragraph if the person's action is based on reasonable 
304.18  cause. 
304.19     (e) A peace officer may arrest a person without a warrant 
304.20  if the officer has probable cause to believe the person violated 
304.21  this subdivision within the preceding four hours.  The arrest 
304.22  may be made even though the violation did not occur in the peace 
304.23  officer's presence. 
304.24     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
304.25  and applies to crimes committed on or after that date. 
304.26     Sec. 27.  Minnesota Statutes 2004, section 609.763, 
304.27  subdivision 3, is amended to read: 
304.28     Subd. 3.  [AGGREGATION; JURISDICTION.] In a prosecution 
304.29  under this section, the dollar amounts obtained involved in 
304.30  violation of subdivision 1 within any 12-month period may be 
304.31  aggregated and the defendant charged accordingly.  When two or 
304.32  more offenses are committed by the same person in two or more 
304.33  counties, the defendant may be prosecuted in any county in which 
304.34  one of the offenses was committed for all of the offenses 
304.35  aggregated under this subdivision. 
304.36     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
305.1   and applies to crimes committed on or after that date. 
305.2      Sec. 28.  [609.849] [RAILROAD THAT OBSTRUCTS TREATMENT OF 
305.3   AN INJURED WORKER.] 
305.4      (a) It shall be unlawful for a railroad or person employed 
305.5   by a railroad to: 
305.6      (1) deny, delay, or interfere with medical treatment or 
305.7   first aid treatment to an employee of a railroad who has been 
305.8   injured during employment; or 
305.9      (2) discipline or threaten to discipline an employee of a 
305.10  railroad who has been injured during employment for requesting 
305.11  medical treatment or first aid treatment. 
305.12     (b) A railroad or a person who violates paragraph (a), 
305.13  clause (1) or (2), shall be fined not more than $10,000 for each 
305.14  violation. 
305.15     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
305.16  and applies to crimes committed on or after that date. 
305.17     Sec. 29.  [609.896] [CRIMINAL USE OF REAL PROPERTY.] 
305.18     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
305.19  section, the following terms have the meanings given them. 
305.20     (a) "Audiovisual recording function" means the capability 
305.21  of a device to record or transmit a motion picture or any part 
305.22  of a motion picture by means of any technology now known or 
305.23  later developed. 
305.24     (b) "Convicted" includes a conviction for a similar offense 
305.25  under the law of another state or the federal government. 
305.26     (c) "Motion picture theater" means a movie theater, 
305.27  screening room, or other venue when used primarily for the 
305.28  exhibition of a motion picture. 
305.29     Subd. 2.  [CRIME.] (a) Any person in a motion picture 
305.30  theater while a motion picture is being exhibited who knowingly 
305.31  operates an audiovisual recording function of a device without 
305.32  the consent of the owner or lessee of the motion picture theater 
305.33  is guilty of criminal use of real property. 
305.34     (b) If a person is convicted of a first offense, it is a 
305.35  misdemeanor. 
305.36     (c) If a person is convicted of a second offense, it is a 
306.1   gross misdemeanor. 
306.2      (d) If a person is convicted of a third or subsequent 
306.3   offense, it is a felony and the person may be sentenced to 
306.4   imprisonment for not more than two years or to payment of a fine 
306.5   of not more than $4,000, or both. 
306.6      Subd. 3.  [DETAINING SUSPECTS.] An owner or lessee of a 
306.7   motion picture theater is a merchant for purposes of section 
306.8   629.366. 
306.9      Subd. 4.  [EXCEPTION.] This section does not prevent any 
306.10  lawfully authorized investigative, law enforcement protective, 
306.11  or intelligence gathering employee or agent of the state or 
306.12  federal government from operating any audiovisual recording 
306.13  device in a motion picture theater where a motion picture is 
306.14  being exhibited, as part of lawfully authorized investigative, 
306.15  law enforcement protective, or intelligence gathering activities.
306.16     Subd. 5.  [NOT PRECLUDE ALTERNATIVE PROSECUTION.] Nothing 
306.17  in this section prevents prosecution under any other provision 
306.18  of law. 
306.19     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
306.20  and applies to crimes committed on or after that date. 
306.21     Sec. 30.  [CRIMINAL PROPERTY OFFENSE MONETARY THRESHOLD 
306.22  COMMITTEE.] 
306.23     Subdivision 1.  [ESTABLISHMENT; DUTIES.] A Criminal 
306.24  Property Offense Monetary Threshold Committee is established to 
306.25  study and propose adjusting threshold dollar amounts of property 
306.26  crimes.  The committee shall identify the property crimes in 
306.27  addition to theft, as defined in Minnesota Statutes, section 
306.28  609.52, that contain threshold dollar amounts that require 
306.29  revision.  In determining how much property crime threshold 
306.30  dollar amounts should be revised, the committee shall take into 
306.31  consideration the Consumer Price Index for urban, suburban, and 
306.32  rural consumers in Minnesota, and any other historical and 
306.33  economic factors relevant to a rational and proportionate 
306.34  adjustment of thresholds. 
306.35     Subd. 2.  [RESOURCES.] The committee may use legislative 
306.36  staff to provide legal counsel, research, and secretarial and 
307.1   clerical assistance.  The Sentencing Guidelines Commission, 
307.2   Department of Corrections, and state court administrator shall 
307.3   provide technical assistance to the committee on request. 
307.4      Subd. 3.  [MEMBERSHIP.] The committee consists of: 
307.5      (1) three senators, no more than two of whom are from the 
307.6   same political party, appointed by the senate Subcommittee on 
307.7   Committees of the Committee on Rules and Administration and 
307.8   three members of the house of representatives, no more than two 
307.9   of whom are from the same political party, appointed by the 
307.10  speaker; 
307.11     (2) representatives from each of the following groups 
307.12  appointed by the chairs of the senate Committee on Crime 
307.13  Prevention and Public Safety and the house Public Safety and 
307.14  Finance Committee: 
307.15     (i) crime victim advocates; 
307.16     (ii) county attorneys; 
307.17     (iii) city attorneys; 
307.18     (iv) professors of law with expertise in criminal justice; 
307.19     (v) district court judges; 
307.20     (vi) criminal defense attorneys; 
307.21     (vii) probation officers; and 
307.22     (viii) public members who are victims of crime; and 
307.23     (3) the state court administrator who shall chair the group.
307.24     Subd. 4.  [RECOMMENDATIONS.] The committee shall present 
307.25  the legislature with dollar threshold adjustment recommendations 
307.26  in the form of a bill that amends the property crime statutes it 
307.27  has identified as in need of revision no later than January 15, 
307.28  2006.  The bill shall be presented to the chair of the senate 
307.29  Crime Prevention and Public Safety Committee and house Public 
307.30  Safety and Finance Committee. 
307.31     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
307.32                             ARTICLE 18
307.33                   DWI AND TRAFFIC SAFETY POLICY
307.34     Section 1.  Minnesota Statutes 2004, section 169.06, is 
307.35  amended by adding a subdivision to read: 
307.36     Subd. 5b.  [POSSESSION OF OVERRIDE DEVICE.] (a) For 
308.1   purposes of this subdivision, "traffic signal-override device" 
308.2   means a device located in a motor vehicle that permits 
308.3   activation of a traffic signal-override system described in 
308.4   subdivision 5a. 
308.5      (b) No person may operate a motor vehicle that contains a 
308.6   traffic signal-override device, other than: 
308.7      (1) an authorized emergency vehicle described in section 
308.8   169.01, subdivision 5, clause (1), (2), or (3); 
308.9      (2) a vehicle, including a rail vehicle, engaged in 
308.10  providing bus rapid transit service or light rail transit 
308.11  service; 
308.12     (3) a signal maintenance vehicle of a road authority; or 
308.13     (4) a vehicle authorized to contain such a device by order 
308.14  of the commissioner of public safety. 
308.15     (c) No person may possess a traffic signal-override device, 
308.16  other than: 
308.17     (1) a person authorized to operate a vehicle described in 
308.18  paragraph (b), clauses (1) and (2), but only for use in that 
308.19  vehicle; 
308.20     (2) a person authorized by a road authority to perform 
308.21  signal maintenance, while engaged in such maintenance; or 
308.22     (3) a person authorized by order of the commissioner of 
308.23  public safety to possess a traffic signal-override device, but 
308.24  only to the extent authorized in the order. 
308.25     (d) A violation of this subdivision is a misdemeanor. 
308.26     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
308.27  and applies to crimes committed on or after that date. 
308.28     Sec. 2.  Minnesota Statutes 2004, section 169A.275, 
308.29  subdivision 1, is amended to read: 
308.30     Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
308.31  sentence a person who is convicted of a violation of section 
308.32  169A.20 (driving while impaired) within ten years of a qualified 
308.33  prior impaired driving incident to either:  
308.34     (1) a minimum of 30 days of incarceration, at least 48 
308.35  hours of which must be served consecutively in a local 
308.36  correctional facility; or 
309.1      (2) eight hours of community work service for each day less 
309.2   than 30 days that the person is ordered to serve in a local 
309.3   correctional facility.  
309.4   Notwithstanding section 609.135 (stay of imposition or execution 
309.5   of sentence), the penalties in this paragraph must be executed, 
309.6   unless the court departs from the mandatory minimum sentence 
309.7   under paragraph (b) or (c). 
309.8      (b) Prior to sentencing, the prosecutor may file a motion 
309.9   to have a defendant described in paragraph (a) sentenced without 
309.10  regard to the mandatory minimum sentence established by that 
309.11  paragraph.  The motion must be accompanied by a statement on the 
309.12  record of the reasons for it.  When presented with the 
309.13  prosecutor's motion and if it finds that substantial mitigating 
309.14  factors exist, the court shall sentence the defendant without 
309.15  regard to the mandatory minimum sentence established by 
309.16  paragraph (a).  
309.17     (c) The court may, on its own motion, sentence a defendant 
309.18  described in paragraph (a) without regard to the mandatory 
309.19  minimum sentence established by that paragraph if it finds that 
309.20  substantial mitigating factors exist and if its sentencing 
309.21  departure is accompanied by a statement on the record of the 
309.22  reasons for it.  The court also may sentence the defendant 
309.23  without regard to the mandatory minimum sentence established by 
309.24  paragraph (a) if the defendant is sentenced to probation and 
309.25  ordered to participate in a program established under section 
309.26  169A.74 (pilot programs of intensive probation for repeat DWI 
309.27  offenders). 
309.28     (d) When any portion of the sentence required by paragraph 
309.29  (a) is not executed, the court should impose a sentence that is 
309.30  proportional to the extent of the offender's prior criminal and 
309.31  moving traffic violation record.  Any sentence required under 
309.32  paragraph (a) must include a mandatory sentence that is not 
309.33  subject to suspension or a stay of imposition or execution, and 
309.34  that includes incarceration for not less than 48 consecutive 
309.35  hours or at least 80 hours of community work service. 
309.36     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
310.1   and applies to crimes committed on or after that date. 
310.2      Sec. 3.  Minnesota Statutes 2004, section 169A.52, 
310.3   subdivision 4, is amended to read: 
310.4      Subd. 4.  [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 
310.5   certification by the peace officer that there existed probable 
310.6   cause to believe the person had been driving, operating, or in 
310.7   physical control of a motor vehicle in violation of section 
310.8   169A.20 (driving while impaired) and that the person submitted 
310.9   to a test and the test results indicate an alcohol concentration 
310.10  of 0.08 or more or the presence of a controlled substance listed 
310.11  in schedule I or II, other than marijuana or 
310.12  tetrahydrocannabinols, then the commissioner shall revoke the 
310.13  person's license or permit to drive, or nonresident operating 
310.14  privilege: 
310.15     (1) for a period of 90 days; 
310.16     (2) if the person is under the age of 21 years, for a 
310.17  period of six months; 
310.18     (3) for a person with a qualified prior impaired driving 
310.19  incident within the past ten years, for a period of 180 days; or 
310.20     (4) if the test results indicate an alcohol concentration 
310.21  of 0.20 or more, for twice the applicable period in clauses (1) 
310.22  to (3). 
310.23     (b) On certification by the peace officer that there 
310.24  existed probable cause to believe the person had been driving, 
310.25  operating, or in physical control of a commercial motor vehicle 
310.26  with any presence of alcohol and that the person submitted to a 
310.27  test and the test results indicated an alcohol concentration of 
310.28  0.04 or more, the commissioner shall disqualify the person from 
310.29  operating a commercial motor vehicle under section 171.165 
310.30  (commercial driver's license disqualification).  
310.31     (c) If the test is of a person's blood or urine by a 
310.32  laboratory operated by the Bureau of Criminal Apprehension, or 
310.33  authorized by the bureau to conduct the analysis of a blood or 
310.34  urine sample, the laboratory may directly certify to the 
310.35  commissioner the test results, and the peace officer shall 
310.36  certify to the commissioner that there existed probable cause to 
311.1   believe the person had been driving, operating, or in physical 
311.2   control of a motor vehicle in violation of section 169A.20 and 
311.3   that the person submitted to a test.  Upon receipt of both 
311.4   certifications, the commissioner shall undertake the license 
311.5   actions described in paragraphs (a) and (b). 
311.6      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2006, 
311.7   and applies to blood and urine test samples analyzed on or after 
311.8   that date. 
311.9      Sec. 4.  Minnesota Statutes 2004, section 169A.60, 
311.10  subdivision 10, is amended to read: 
311.11     Subd. 10.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
311.12  days following receipt of a notice and order of impoundment 
311.13  under this section, a person may petition the court for review.  
311.14  The petition must include proof of service of a copy of the 
311.15  petition on the commissioner.  The petition must include the 
311.16  petitioner's date of birth, driver's license number, and date of 
311.17  the plate impoundment violation, as well as the name of the 
311.18  violator and the law enforcement agency that issued the plate 
311.19  impoundment order.  The petition must state with specificity the 
311.20  grounds upon which the petitioner seeks rescission of the order 
311.21  for impoundment.  The petition may be combined with any petition 
311.22  filed under section 169A.53 (administrative and judicial review 
311.23  of license revocation). 
311.24     (b) Except as otherwise provided in this section, the 
311.25  judicial review and hearing are governed by section 169A.53 and 
311.26  must take place at the same time as any judicial review of the 
311.27  person's license revocation under section 169A.53.  The filing 
311.28  of the petition does not stay the impoundment order.  The 
311.29  reviewing court may order a stay of the balance of the 
311.30  impoundment period if the hearing has not been conducted within 
311.31  60 days after filing of the petition upon terms the court deems 
311.32  proper.  The court shall order either that the impoundment be 
311.33  rescinded or sustained, and forward the order to the 
311.34  commissioner.  The court shall file its order within 14 days 
311.35  following the hearing. 
311.36     (c) In addition to the issues described in section 169A.53, 
312.1   subdivision 3 (judicial review of license revocation), the scope 
312.2   of a hearing under this subdivision is limited to: 
312.3      (1) whether the violator owns, is the registered owner of, 
312.4   possesses, or has access to the vehicle used in the plate 
312.5   impoundment violation; 
312.6      (2) whether a member of the violator's household has a 
312.7   valid driver's license, the violator or registered owner has a 
312.8   limited license issued under section 171.30, the registered 
312.9   owner is not the violator, and the registered owner has a valid 
312.10  or limited driver's license, or a member of the registered 
312.11  owner's household has a valid driver's license; and 
312.12     (3) if the impoundment is based on a plate impoundment 
312.13  violation described in subdivision 1, paragraph (c) (d), clause 
312.14  (3) or (4), whether the peace officer had probable cause to 
312.15  believe the violator committed the plate impoundment violation 
312.16  and whether the evidence demonstrates that the plate impoundment 
312.17  violation occurred; and 
312.18     (2) for all other cases, whether the peace officer had 
312.19  probable cause to believe the violator committed the plate 
312.20  impoundment violation. 
312.21     (d) In a hearing under this subdivision, the following 
312.22  records are admissible in evidence: 
312.23     (1) certified copies of the violator's driving record; and 
312.24     (2) certified copies of vehicle registration records 
312.25  bearing the violator's name. 
312.26     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
312.27     Sec. 5.  Minnesota Statutes 2004, section 169A.60, 
312.28  subdivision 11, is amended to read: 
312.29     Subd. 11.  [RESCISSION OF REVOCATION; AND DISMISSAL OR 
312.30  ACQUITTAL; NEW PLATES.] If: 
312.31     (1) the driver's license revocation that is the basis for 
312.32  an impoundment order is rescinded; and 
312.33     (2) the charges for the plate impoundment violation have 
312.34  been dismissed with prejudice; or 
312.35     (3) the violator has been acquitted of the plate 
312.36  impoundment violation; 
313.1   then the registrar of motor vehicles shall issue new 
313.2   registration plates for the vehicle at no cost, when the 
313.3   registrar receives an application that includes a copy of the 
313.4   order rescinding the driver's license revocation, and either the 
313.5   order dismissing the charges, or the judgment of acquittal. 
313.6      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
313.7   following final enactment. 
313.8      Sec. 6.  Minnesota Statutes 2004, section 169A.63, 
313.9   subdivision 8, is amended to read: 
313.10     Subd. 8.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
313.11  motor vehicle used to commit a designated offense or used in 
313.12  conduct resulting in a designated license revocation is subject 
313.13  to administrative forfeiture under this subdivision. 
313.14     (b) When a motor vehicle is seized under subdivision 2, or 
313.15  within a reasonable time after seizure, the appropriate agency 
313.16  shall serve the driver or operator of the vehicle with a notice 
313.17  of the seizure and intent to forfeit the vehicle.  Additionally, 
313.18  when a motor vehicle is seized under subdivision 2, or within a 
313.19  reasonable time after that, all persons known to have an 
313.20  ownership, possessory, or security interest in the vehicle must 
313.21  be notified of the seizure and the intent to forfeit the 
313.22  vehicle.  For those vehicles required to be registered under 
313.23  chapter 168, the notification to a person known to have a 
313.24  security interest in the vehicle is required only if the vehicle 
313.25  is registered under chapter 168 and the interest is listed on 
313.26  the vehicle's title.  Notice mailed by certified mail to the 
313.27  address shown in Department of Public Safety records is 
313.28  sufficient notice to the registered owner of the vehicle.  For 
313.29  motor vehicles not required to be registered under chapter 168, 
313.30  notice mailed by certified mail to the address shown in the 
313.31  applicable filing or registration for the vehicle is sufficient 
313.32  notice to a person known to have an ownership, possessory, or 
313.33  security interest in the vehicle.  Otherwise, notice may be 
313.34  given in the manner provided by law for service of a summons in 
313.35  a civil action. 
313.36     (c) The notice must be in writing and contain: 
314.1      (1) a description of the vehicle seized; 
314.2      (2) the date of seizure; and 
314.3      (3) notice of the right to obtain judicial review of the 
314.4   forfeiture and of the procedure for obtaining that judicial 
314.5   review, printed in English, Hmong, and Spanish.  Substantially 
314.6   the following language must appear conspicuously:  "IF YOU DO 
314.7   NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
314.8   STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 
314.9   A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
314.10  RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY.  YOU MAY NOT 
314.11  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
314.12  UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
314.13  LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
314.14  HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
314.15  WORTH LESS THAN $500." 
314.16     (d) Within 30 days following service of a notice of seizure 
314.17  and forfeiture under this subdivision, a claimant may file a 
314.18  demand for a judicial determination of the forfeiture.  The 
314.19  demand must be in the form of a civil complaint and must be 
314.20  filed with the court administrator in the county in which the 
314.21  seizure occurred, together with proof of service of a copy of 
314.22  the complaint on the prosecuting authority having jurisdiction 
314.23  over the forfeiture, and the appropriate agency that initiated 
314.24  the forfeiture, including the standard filing fee for civil 
314.25  actions unless the petitioner has the right to sue in forma 
314.26  pauperis under section 563.01.  If the value of the seized 
314.27  property is $7,500 or less, the claimant may file an action in 
314.28  conciliation court for recovery of the seized vehicle.  A copy 
314.29  of the conciliation court statement of claim must be served 
314.30  personally or by mail on the prosecuting authority having 
314.31  jurisdiction over the forfeiture, as well as on the appropriate 
314.32  agency that initiated the forfeiture, within 30 days following 
314.33  service of the notice of seizure and forfeiture under this 
314.34  subdivision.  If the value of the seized property is less than 
314.35  $500, the claimant does not have to pay the conciliation court 
314.36  filing fee.  
315.1      No responsive pleading is required of the prosecuting 
315.2   authority and no court fees may be charged for the prosecuting 
315.3   authority's appearance in the matter.  The prosecuting authority 
315.4   may appear for the appropriate agency.  Pleadings, filings, and 
315.5   methods of service are governed by the Rules of Civil Procedure. 
315.6      (e) The complaint must be captioned in the name of the 
315.7   claimant as plaintiff and the seized vehicle as defendant, and 
315.8   must state with specificity the grounds on which the claimant 
315.9   alleges the vehicle was improperly seized, the claimant's 
315.10  interest in the vehicle seized, and any affirmative defenses the 
315.11  claimant may have.  Notwithstanding any law to the contrary, an 
315.12  action for the return of a vehicle seized under this section may 
315.13  not be maintained by or on behalf of any person who has been 
315.14  served with a notice of seizure and forfeiture unless the person 
315.15  has complied with this subdivision. 
315.16     (f) If the claimant makes a timely demand for a judicial 
315.17  determination under this subdivision, the forfeiture proceedings 
315.18  must be conducted as provided under subdivision 9. 
315.19     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
315.20  and applies to forfeiture actions initiated on or after that 
315.21  date. 
315.22     Sec. 7.  Minnesota Statutes 2004, section 169A.70, 
315.23  subdivision 3, is amended to read: 
315.24     Subd. 3.  [ASSESSMENT REPORT.] (a) The assessment report 
315.25  must be on a form prescribed by the commissioner and shall 
315.26  contain an evaluation of the convicted defendant concerning the 
315.27  defendant's prior traffic and criminal record, characteristics 
315.28  and history of alcohol and chemical use problems, and 
315.29  amenability to rehabilitation through the alcohol safety 
315.30  program.  The report is classified as private data on 
315.31  individuals as defined in section 13.02, subdivision 12. 
315.32     (b) The assessment report must include: 
315.33     (1) a diagnosis of the nature of the offender's chemical 
315.34  and alcohol involvement; 
315.35     (2) an assessment of the severity level of the involvement; 
315.36     (3) a recommended level of care for the offender in 
316.1   accordance with the criteria contained in rules adopted by the 
316.2   commissioner of human services under section 254A.03, 
316.3   subdivision 3 (chemical dependency treatment rules); 
316.4      (4) an assessment of the offender's placement needs; 
316.5      (2) (5) recommendations for other appropriate remedial 
316.6   action or care, including aftercare services in section 254B.01, 
316.7   subdivision 3, that may consist of educational programs, 
316.8   one-on-one counseling, a program or type of treatment that 
316.9   addresses mental health concerns, or a combination of them; or 
316.10  and 
316.11     (3) (6) a specific explanation why no level of care or 
316.12  action was recommended, if applicable.  
316.13     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
316.14  and applies to chemical use assessments made on or after that 
316.15  date. 
316.16     Sec. 8.  Minnesota Statutes 2004, section 169A.70, is 
316.17  amended by adding a subdivision to read: 
316.18     Subd. 6.  [METHOD OF ASSESSMENT.] (a) As used in this 
316.19  subdivision, "collateral contact" means an oral or written 
316.20  communication initiated by an assessor for the purpose of 
316.21  gathering information from an individual or agency, other than 
316.22  the offender, to verify or supplement information provided by 
316.23  the offender during an assessment under this section.  The term 
316.24  includes contacts with family members and criminal justice 
316.25  agencies. 
316.26     (b) An assessment conducted under this section must include 
316.27  at least one personal interview with the offender designed to 
316.28  make a determination about the extent of the offender's past and 
316.29  present chemical and alcohol use or abuse.  It must also include 
316.30  collateral contacts and a review of relevant records or reports 
316.31  regarding the offender including, but not limited to, police 
316.32  reports, arrest reports, driving records, chemical testing 
316.33  records, and test refusal records.  If the offender has a 
316.34  probation officer, the officer must be the subject of a 
316.35  collateral contact under this subdivision.  If an assessor is 
316.36  unable to make collateral contacts, the assessor shall specify 
317.1   why collateral contacts were not made. 
317.2      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
317.3   and applies to chemical use assessments made on or after that 
317.4   date. 
317.5      Sec. 9.  Minnesota Statutes 2004, section 169A.70, is 
317.6   amended by adding a subdivision to read: 
317.7      Subd. 7.  [PRECONVICTION ASSESSMENT.] (a) The court may not 
317.8   accept a chemical use assessment conducted before conviction as 
317.9   a substitute for the assessment required by this section unless 
317.10  the court ensures that the preconviction assessment meets the 
317.11  standards described in this section. 
317.12     (b) If the commissioner of public safety is making a 
317.13  decision regarding reinstating a person's driver's license based 
317.14  on a chemical use assessment, the commissioner shall ensure that 
317.15  the assessment meets the standards described in this section. 
317.16     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
317.17  and applies to chemical use assessments made on or after that 
317.18  date. 
317.19     Sec. 10.  Minnesota Statutes 2004, section 171.20, 
317.20  subdivision 4, is amended to read: 
317.21     Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
317.22  reinstated, (1) a person whose driver's license has been 
317.23  suspended under section 171.16, subdivision subdivisions 2 and 
317.24  3; 171.18, except subdivision 1, clause (10); or 171.182, or who 
317.25  has been disqualified from holding a commercial driver's license 
317.26  under section 171.165, and (2) a person whose driver's license 
317.27  has been suspended under section 171.186 and who is not exempt 
317.28  from such a fee, must pay a fee of $20.  
317.29     (b) Before the license is reinstated, a person whose 
317.30  license has been suspended under sections 169.791 to 169.798 
317.31  must pay a $20 reinstatement fee. 
317.32     (c) When fees are collected by a licensing agent appointed 
317.33  under section 171.061, a handling charge is imposed in the 
317.34  amount specified under section 171.061, subdivision 4.  The 
317.35  reinstatement fee and surcharge must be deposited in an approved 
317.36  state depository as directed under section 171.061, subdivision 
318.1   4.  
318.2      (d) Reinstatement fees collected under paragraph (a) for 
318.3   suspensions under sections 171.16, subdivision 3, and 171.18, 
318.4   subdivision 1, clause (10), shall be deposited in the special 
318.5   revenue fund and are appropriated to the Peace Officer Standards 
318.6   and Training Board for peace officer training reimbursement to 
318.7   local units of government. 
318.8      (e) A suspension may be rescinded without fee for good 
318.9   cause.  
318.10     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
318.11     Sec. 11.  Minnesota Statutes 2004, section 171.26, is 
318.12  amended to read: 
318.13     171.26 [MONEY CREDITED TO FUNDS.] 
318.14     All money received under this chapter must be paid into the 
318.15  state treasury and credited to the trunk highway fund, except as 
318.16  provided in sections 171.06, subdivision 2a; 171.07, subdivision 
318.17  11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4, 
318.18  paragraph (d); and 171.29, subdivision 2, paragraph (b). 
318.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
318.20     Sec. 12.  [REPEALER.] 
318.21     Laws 2004, chapter 283, section 14, is repealed. 
318.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
318.23  following final enactment. 
318.24                             ARTICLE 19 
318.25                  OPTION B FROM HOUSE RESOLUTION 8
318.26  Section 1.  [PUBLIC SAFETY APPROPRIATIONS.] 
318.27     These amounts are in addition to the appropriations in 
318.28  Article 1 and are only effective if the house of representatives 
318.29  passes H.F. 1664.  The sums shown in the columns marked 
318.30  "APPROPRIATIONS" are appropriated from the general fund, or 
318.31  another named fund, to the agencies and for the purposes 
318.32  specified in this act, to be available for the fiscal years 
318.33  indicated for each purpose.  The figures "2006" and "2007," 
318.34  where used in this act, mean that the appropriation or 
318.35  appropriations listed under them are available for the year 
318.36  ending June 30, 2006, or June 30, 2007, respectively.  The term 
319.1   "first year" means the fiscal year ending June 30, 2006, and the 
319.2   term "second year" means the fiscal year ending June 30, 2007.  
319.3                                              APPROPRIATIONS 
319.4                                          Available for the Year 
319.5                                              Ending June 30 
319.6                                             2006         2007 
319.7   Sec. 2.  CORRECTIONS                 $ 2,000,000    $ 2,000,000 
319.8   [METHAMPHETAMINE TREATMENT GRANTS.] 
319.9   $750,000 each year is for 
319.10  methamphetamine treatment grants to 
319.11  counties. 
319.12  [METHAMPHETAMINE LAW ENFORCEMENT AND 
319.13  SUPERVISION GRANTS.] $750,000 each year 
319.14  is for methamphetamine enforcement and 
319.15  supervision aid grants to counties. 
319.16  [SHORT-TERM OFFENDERS.] $500,000 each 
319.17  year is appropriated to the 
319.18  commissioner of corrections for costs 
319.19  associated with the housing and care of 
319.20  short-term offenders.  The commissioner 
319.21  may use up to 20 percent of the total 
319.22  amount of the appropriation for 
319.23  inpatient medical care for short-term 
319.24  offenders with less than six months to 
319.25  serve as affected by Minnesota 
319.26  Statutes, section 609.105, as amended 
319.27  by Laws 2003, First Special Session 
319.28  chapter 2, article 5, sections 7 to 9.  
319.29  The commissioner shall establish and 
319.30  implement policy governing the 
319.31  admission, housing, medical care, and 
319.32  release of this population.  All funds 
319.33  remaining at the end of the fiscal year 
319.34  not expended for inpatient medical care 
319.35  shall be added to and distributed with 
319.36  the housing funds.  These funds shall 
319.37  be distributed proportionately based on 
319.38  the total number of days short-term 
319.39  offenders are placed locally, not to 
319.40  exceed $70 per day.  Short-term 
319.41  offenders may be housed in a state 
319.42  correctional facility at the discretion 
319.43  of the commissioner.  The Department of 
319.44  Corrections is exempt from the state 
319.45  contracting process for the purposes of 
319.46  Minnesota Statutes, section 609.105, as 
319.47  amended by Laws 2003, First Special 
319.48  Session chapter 2, article 5, sections 
319.49  7 to 9. 
319.50  Sec. 3.  PUBLIC SAFETY                   400,000        100,000 
319.51  [HOMELESS OUTREACH GRANTS.] $300,000 in 
319.52  fiscal year 2006 is for a onetime 
319.53  appropriation to the commissioner of 
319.54  public safety to issue grants to 
319.55  organizations that provide homeless 
319.56  outreach and a bridge to stable housing 
319.57  and services to homeless Minnesotans. 
319.58  [YOUTH INTERVENTION GRANTS.] $100,000 
319.59  each year is for youth intervention 
319.60  programs currently under Minnesota 
319.61  Statutes, section 116L.30 but to be 
319.62  transferred to section 299A.73.  This 
320.1   money must be used to help existing 
320.2   programs serve unmet needs in their 
320.3   communities, and to create new programs 
320.4   in underserved areas of the state.