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 	authorizing asexualization for certain sex offenders;
1.16 	requiring certain predatory offenders to obtain marked
1.17 	vehicle license plates and drivers' licenses or
1.18 	identification cards; establishing the Minnesota Sex
1.19 	Offender Review Board and providing its
1.20 	responsibilities, including release decisions, access
1.21 	to data, expedited rulemaking, and the applicability
1.22 	to it of contested case proceedings and the Open
1.23 	Meeting Law; directing the Sentencing Guidelines
1.24 	Commission to modify the sentencing guidelines;
1.25 	providing criminal penalties; modifying predatory
1.26 	offender registration and community notification
1.27 	requirements; expanding Department of Human Services
1.28 	access to the predatory offender registry; modifying
1.29 	the human services criminal background check law;
1.30 	establishing an ongoing Sex Offender Policy Board to
1.31 	develop uniform supervision and professional
1.32 	standards; requesting the Supreme Court to study use
1.33 	of the court system as an alternative to the
1.34 	administrative process for discharge of persons
1.35 	committed as sexually dangerous persons or sexual
1.36 	psychopathic personalities; making miscellaneous
1.37 	technical and conforming amendments to the sex
1.38 	offender law; requiring level III sex offenders to
1.39 	submit to polygraphs as a condition of release;
1.40 	providing that computers are subject to forfeiture if
1.41 	used to commit designated offenses; amending fire
1.42 	marshal safety law; defining explosives for purposes
1.43 	of rules regulating storage and use of explosives;
1.44 	transferring the youth intervention program to the
1.45 	Department of Public Safety; amending the Emergency
1.46 	Communications Law by assessing fees and authorizing
2.1 	issuance of bonds for the third phase of the statewide
2.2 	public safety radio communication system; requiring a
2.3 	statewide human trafficking assessment and study;
2.4 	establishing a gang and drug oversight council and a
2.5 	financial crimes oversight council; requiring
2.6 	correctional facilities to provide the Bureau of
2.7 	Criminal Apprehension with certain fingerprint
2.8 	information; requiring law enforcement agencies to
2.9 	take biological specimens for DNA analysis for persons
2.10 	arrested for designated crimes in 2005 and further
2.11 	crimes in 2010; establishing correctional officers
2.12 	discipline procedures; increasing surcharges on
2.13 	criminal and traffic offenders; changing certain
2.14 	waiting periods for limited drivers' licenses;
2.15 	changing provisions relating to certain drivers'
2.16 	license restrictions; limiting public defender
2.17 	representation; authorizing public defender access to
2.18 	certain criminal justice data; requiring the revisor
2.19 	of statutes to publish a table containing
2.20 	cross-references to Minnesota Laws imposing collateral
2.21 	sanctions; requiring background checks for certain
2.22 	child care and placement situations; requiring the
2.23 	finder of fact to find a severe aggravating factor
2.24 	before imposing a sentence in excess of that provided
2.25 	by the Sentencing Guidelines; providing procedures
2.26 	where state intends to seek an aggravated durational
2.27 	departure; defining new crimes, amending crimes and
2.28 	imposing criminal penalties; prohibiting persons from
2.29 	operating motor vehicles containing traffic
2.30 	signal-override devices; requiring restraint of
2.31 	children under the age of seven; providing for a study
2.32 	on sentencing policy; requiring a report by counties
2.33 	to the legislature on level III sex offenders;
2.34 	amending Minnesota Statutes 2004, sections 2.722,
2.35 	subdivision 1; 13.461, by adding subdivisions;
2.36 	13.6905, subdivision 17; 13.82, by adding a
2.37 	subdivision; 13.851, subdivision 5, by adding a
2.38 	subdivision; 13.87, subdivision 3; 13.871, subdivision
2.39 	5; 13D.05, subdivision 2; 16C.09; 43A.047; 84.362;
2.40 	116L.30; 144.335, by adding a subdivision; 144A.135;
2.41 	152.02, subdivisions 4, 5; 168.12, by adding a
2.42 	subdivision; 169.06, by adding a subdivision; 169.71,
2.43 	subdivision 1; 169A.275, subdivision 1; 169A.52,
2.44 	subdivision 4; 169A.60, subdivisions 10, 11; 169A.63,
2.45 	subdivision 8; 169A.70, subdivision 3, by adding
2.46 	subdivisions; 171.07, subdivisions 1, 3; 171.09;
2.47 	171.20, subdivision 4; 171.26; 171.30, subdivision 2a;
2.48 	214.04, subdivision 1; 216D.08, subdivisions 1, 2;
2.49 	237.70, subdivision 7; 241.67, subdivision 3; 242.195,
2.50 	subdivision 1; 243.1606, subdivision 1; 243.166;
2.51 	243.167; 243.24, subdivision 2; 244.05, subdivisions
2.52 	4, 5, 6, 7; 244.052, subdivisions 3, 4, by adding
2.53 	subdivisions; 244.09, subdivision 5; 244.10,
2.54 	subdivision 2, by adding subdivisions; 244.18,
2.55 	subdivision 2; 245C.03, subdivision 1; 245C.13,
2.56 	subdivision 2; 245C.15, subdivisions 1, 2, 3, 4;
2.57 	245C.17, subdivisions 1, 2, 3; 245C.21, subdivisions
2.58 	3, 4; 245C.22, by adding a subdivision; 245C.23,
2.59 	subdivision 1; 245C.24, subdivisions 2, 3, 4, by
2.60 	adding a subdivision; 245C.30, subdivisions 1, 2;
2.61 	246.13; 253B.18, subdivisions 4a, 5, by adding a
2.62 	subdivision; 259.11; 259.24, subdivisions 1, 2a, 5,
2.63 	6a; 260C.201, subdivision 11; 260C.212, subdivision 4;
2.64 	282.04, subdivision 2; 299A.38, subdivisions 2, 2a, 3;
2.65 	299A.465, by adding subdivisions; 299C.03; 299C.08;
2.66 	299C.093; 299C.095, subdivision 1; 299C.10,
2.67 	subdivision 1, by adding a subdivision; 299C.11;
2.68 	299C.14; 299C.145, subdivision 3; 299C.155; 299C.21;
2.69 	299C.65, subdivisions 1, 2, 5, by adding a
2.70 	subdivision; 299F.011, subdivision 7; 299F.014;
2.71 	299F.05; 299F.051, subdivision 4; 299F.06, subdivision
3.1 	1; 299F.19, subdivisions 1, 2; 299F.362, subdivisions
3.2 	3, 4; 299F.391, subdivision 1; 299F.46, subdivisions
3.3 	1, 3; 325F.04; 326.3382, by adding a subdivision;
3.4 	326.3384, subdivision 1; 343.31; 357.021, subdivisions
3.5 	6, 7; 357.18, subdivision 3; 403.02, subdivisions 7,
3.6 	13, 17, by adding a subdivision; 403.025, subdivisions
3.7 	3, 7; 403.05, subdivision 3; 403.07, subdivision 3;
3.8 	403.08, subdivision 10; 403.11, subdivisions 1, 3, 3a;
3.9 	403.113, subdivision 1; 403.21, subdivision 8; 403.27,
3.10 	subdivisions 3, 4, by adding subdivisions; 403.30,
3.11 	subdivisions 1, 3, by adding subdivisions; 508.82,
3.12 	subdivision 1; 508A.82, subdivision 1; 518B.01, by
3.13 	adding a subdivision; 590.01, subdivision 1, by adding
3.14 	a subdivision; 609.02, subdivision 16; 609.108,
3.15 	subdivisions 1, 3, 4, 6, 7; 609.109, subdivisions 3,
3.16 	4, 5, 6, 7; 609.1095, subdivisions 2, 4; 609.115, by
3.17 	adding a subdivision; 609.117; 609.1351; 609.185;
3.18 	609.2231, subdivision 3; 609.2242, subdivision 3;
3.19 	609.229, subdivision 3, by adding a subdivision;
3.20 	609.321, subdivision 12; 609.341, subdivision 14, by
3.21 	adding subdivisions; 609.342, subdivisions 2, 3;
3.22 	609.343, subdivisions 2, 3; 609.344, subdivisions 2,
3.23 	3; 609.345, subdivisions 2, 3; 609.347; 609.3471;
3.24 	609.348; 609.353; 609.485, subdivisions 2, 4; 609.487,
3.25 	by adding a subdivision; 609.50, subdivision 1;
3.26 	609.505; 609.52, subdivision 2; 609.527, subdivisions
3.27 	1, 3, 4, 6, by adding a subdivision; 609.531,
3.28 	subdivision 1; 609.5311, subdivisions 2, 3; 609.5312,
3.29 	subdivisions 1, 3, 4, by adding a subdivision;
3.30 	609.5314, subdivision 1; 609.5317, subdivision 1;
3.31 	609.5318, subdivision 1; 609.605, subdivisions 1, 4;
3.32 	609.725; 609.748, subdivisions 2, 3a, by adding a
3.33 	subdivision; 609.749, subdivision 2; 609.763,
3.34 	subdivision 3; 609.79, subdivision 2; 609.795, by
3.35 	adding a subdivision; 609A.02, subdivision 3; 609A.03,
3.36 	subdivision 7; 611.14; 611.16; 611.25, subdivision 1;
3.37 	611.272; 611A.01; 611A.036; 611A.19; 611A.53,
3.38 	subdivision 1b; 617.23, subdivisions 2, 3; 624.22,
3.39 	subdivision 1; 626.04; 626.556, subdivision 3;
3.40 	626.557, subdivisions 12b, 14; 631.045; 631.425,
3.41 	subdivision 4; 641.21; Laws 2004, chapter 201, section
3.42 	22; proposing coding for new law in Minnesota
3.43 	Statutes, chapters 171; 241; 243; 244; 260C; 299A;
3.44 	299C; 590; 609; 611; 629; proposing coding for new law
3.45 	as Minnesota Statutes, chapter 545A; repealing
3.46 	Minnesota Statutes 2004, sections 69.011, subdivision
3.47 	5; 243.162; 243.166, subdivisions 1, 8; 244.10,
3.48 	subdivisions 2a, 3; 246.017, subdivision 1; 299A.64;
3.49 	299A.65; 299A.66; 299A.68; 299C.65, subdivisions 3, 4,
3.50 	6, 7, 8, 8a, 9; 299F.011, subdivision 4c; 299F.015;
3.51 	299F.10; 299F.11; 299F.12; 299F.13; 299F.14; 299F.15;
3.52 	299F.16; 299F.17; 299F.361; 299F.451; 299F.452;
3.53 	403.025, subdivision 4; 403.30, subdivision 2;
3.54 	609.108, subdivisions 2, 4, 5; 609.109, subdivisions
3.55 	2, 4, 6; 609.119; 611.18; 624.04; Laws 2004, chapter
3.56 	283, section 14.
3.57 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

3.58 	ARTICLE 1
3.59 	APPROPRIATIONS

3.60 	Section 1. PUBLIC SAFETY APPROPRIATIONS.
 3.61 	The sums shown in the columns marked "APPROPRIATIONS" are
3.62 	appropriated from the general fund, or another named fund, to
3.63 	the agencies and for the purposes specified in this act, to be
4.1 	available for the fiscal years indicated for each purpose.  The
4.2 	figures "2006" and "2007," where used in this act, mean that the
4.3 	appropriation or appropriations listed under them are available
4.4 	for the year ending June 30, 2006, or June 30, 2007,
4.5 	respectively.  The term "first year" means the fiscal year
4.6 	ending June 30, 2006, and the term "second year" means the
4.7 	fiscal year ending June 30, 2007.
4.8 	APPROPRIATIONS
4.9 	                                       Available for the Year
4.10 	                                           Ending June 30
4.11 	                                          2006         2007

4.12 	Sec. 2. SUPREME COURT
 4.13 		Subdivision 1.Total
4.14 	Appropriations                    $   42,547,000 $   42,593,000
4.15 		Subd. 2.Supreme Court Operations    29,898,000     29,898,000
4.16 	[JUDICIAL SALARIES.] Effective July 1,
4.17 	2005, and July 1, 2006, the salaries of
4.18 	judges of the Supreme Court, Court of
4.19 	Appeals, and district court are
4.20 	increased by the average of the
4.21 	percentage increase in total
4.22 	compensation for state employees
4.23 	provided in negotiated collective
4.24 	bargaining agreements or arbitration
4.25 	awards for fiscal years 2006 and 2007
4.26 	approved by the Legislative
4.27 	Coordinating Commission before the 2006
4.28 	regular legislative session.  The
4.29 	commissioner of employee relations
4.30 	shall calculate the new salaries, which
4.31 	shall be based on all compensation
4.32 	increases, except insurance, and shall
4.33 	report them to the chief justice of the
4.34 	Supreme Court.
4.35 	[CONTINGENT ACCOUNT.] $5,000 each year
4.36 	is for a contingent account for
4.37 	expenses necessary for the normal
4.38 	operation of the court for which no
4.39 	other reimbursement is provided.
4.40 		Subd. 3.Civil Legal Services        12,649,000     12,695,000
4.41 	[LEGAL SERVICES TO LOW-INCOME CLIENTS
4.42 	IN FAMILY LAW MATTERS.] Of this
4.43 	appropriation, $877,000 each year is to
4.44 	improve the access of low-income
4.45 	clients to legal representation in
4.46 	family law matters.  This appropriation
4.47 	must be distributed under Minnesota
4.48 	Statutes, section 480.242, to the
4.49 	qualified legal services programs
4.50 	described in Minnesota Statutes,
4.51 	section 480.242, subdivision 2,
4.52 	paragraph (a).  Any unencumbered
4.53 	balance remaining in the first year
4.54 	does not cancel and is available in the
4.55 	second year.

4.56 	Sec. 3. COURT OF APPEALS              8,189,000      8,189,000

5.1 	Sec. 4. TRIAL COURTS                231,362,000    232,951,000

5.2 	Sec. 5. TAX COURT                       726,000        726,000

5.3 	Sec. 6. UNIFORM LAWS COMMISSION          51,000         45,000
 5.4 	[MEMBERSHIP DUES OWED.] $12,000 the
5.5 	first year and $6,000 the second year
5.6 	are for membership dues owed by the
5.7 	uniform laws commission.  This is a
5.8 	onetime appropriation.

5.9 	Sec. 7. BOARD ON JUDICIAL
5.10 	STANDARDS                                277,000        277,000
 5.11 	Of this amount, $50,000 is a onetime
5.12 	appropriation.

5.13 	Sec. 8. BOARD OF PUBLIC DEFENSE      59,857,000     63,112,000

5.14 	Sec. 9. PUBLIC SAFETY
 5.15 		Subdivision 1.Total
5.16 	Appropriation                        124,020,000    114,506,000
5.17 	Summary by Fund
5.18 	General              79,328,000    79,444,000
5.19 	Special Revenue         590,000       589,000
5.20 	State Government
5.21 	Special Revenue      43,662,000    34,062,000
5.22 	Environmental            49,000        49,000
5.23 	Trunk Highway           391,000       362,000
5.24 	[APPROPRIATIONS FOR PROGRAMS.] The
5.25 	amounts that may be spent from this
5.26 	appropriation for each program are
5.27 	specified in the following subdivisions.
5.28 		Subd. 2.Emergency Management    2,594,000       2,594,000
5.29 	Summary by Fund
5.30 	General               2,545,000     2,545,000
5.31 	Environmental            49,000        49,000
5.32 	[NONPROFIT AND FAITH-BASED
5.33 	ORGANIZATIONS; ANTITERRORISM GRANTS.]
5.34 	Unless otherwise prohibited by statute,
5.35 	regulation, or other requirement,
5.36 	nonprofit and faith-based organizations
5.37 	may apply for and receive any funds or
5.38 	grants, whether federal or state, made
5.39 	available for antiterrorism efforts
5.40 	that are not distributed or encumbered
5.41 	for distribution to public safety
5.42 	entities within a year of receipt by
5.43 	the Department of Public Safety.  These
5.44 	organizations must be considered under
5.45 	the same criteria applicable to any
5.46 	other eligible entity and must be given
5.47 	equal consideration.
5.48 		Subd. 3.Criminal
5.49 	Apprehension                          40,713,000     40,717,000
6.1 	Summary by Fund
6.2 	General              39,905,000    39,910,000
6.3 	Special Revenue         440,000       439,000
6.4 	State Government
6.5 	Special Revenue           7,000         7,000
6.6 	Trunk Highway           361,000       361,000
6.7 	[COOPERATIVE INVESTIGATION OF
6.8 	CROSS-JURISDICTIONAL CRIMINAL
6.9 	ACTIVITY.] $94,000 the first year and
6.10 	$93,000 the second year are
6.11 	appropriated from the Bureau of
6.12 	Criminal Apprehension account in the
6.13 	special revenue fund for grants to
6.14 	local officials for the cooperative
6.15 	investigation of cross-jurisdictional
6.16 	criminal activity.  Any unencumbered
6.17 	balance remaining in the first year
6.18 	does not cancel but is available for
6.19 	the second year.
6.20 	[LABORATORY ACTIVITIES.] $346,000 the
6.21 	first year and $346,000 the second year
6.22 	are appropriated from the Bureau of
6.23 	Criminal Apprehension account in the
6.24 	special revenue fund for laboratory
6.25 	activities.
6.26 	[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
6.27 	Notwithstanding Minnesota Statutes,
6.28 	section 161.20, subdivision 3, $361,000
6.29 	the first year and $361,000 the second
6.30 	year are appropriated from the trunk
6.31 	highway fund for laboratory analysis
6.32 	related to driving-while-impaired cases.
6.33 	[DWI POLICY REFORMS.] $60,000 the first
6.34 	year and $58,000 the second year are
6.35 	for costs associated with DWI policy
6.36 	reforms.
6.37 	[AUTOMATED FINGERPRINT IDENTIFICATION
6.38 	SYSTEM.] $1,533,000 the first year and
6.39 	$2,318,000 the second year are to
6.40 	replace the automated fingerprint
6.41 	identification system (AFIS).
6.42 	[PREDATORY OFFENDER REGISTRATION
6.43 	SYSTEM.] $1,146,000 the first year and
6.44 	$564,000 the second year are to upgrade
6.45 	the predatory offender registration
6.46 	(POR) system and to increase the
6.47 	monitoring and tracking of registered
6.48 	offenders who become noncompliant with
6.49 	the law.
6.50 	[CRIMINAL JUSTICE INFORMATION SYSTEMS
6.51 	(CJIS) AUDIT TRAIL.] $374,000 the first
6.52 	year and $203,000 the second year are
6.53 	for the Criminal Justice Information
6.54 	Systems (CJIS) audit trail.
6.55 	[DNA ANALYSIS OF FELON OFFENDERS.]
6.56 	$857,000 the first year and $869,000
6.57 	the second year are to fund the
6.58 	analyses of biological samples from
6.59 	felon offenders.
7.1 	[LIVESCAN.] $66,000 the first year and
7.2 	$69,000 the second year are to fund the
7.3 	ongoing costs of Livescan.
7.4 	[METHAMPHETAMINE.] $1,000,000 the first
7.5 	year and $1,000,000 the second year are
7.6 	to fund ten new special agent positions
7.7 	for methamphetamine drug enforcement
7.8 	activities.
7.9 	$40,000 the first year is a onetime
7.10 	appropriation for a methamphetamine
7.11 	awareness program.
7.12 		Subd. 4.Fire Marshal                 2,445,000      2,432,000
7.13 		Subd. 5.Alcohol and
7.14 	Gambling Enforcement                   1,772,000      1,772,000
7.15 	Summary by Fund
7.16 	General               1,622,000     1,622,000
7.17 	Special Revenue         150,000       150,000
7.18 		Subd. 6.Office of
7.19 	Justice Programs                      32,202,000     32,197,000
7.20 	[GANG AND NARCOTICS STRIKE FORCES.]
7.21 	$2,374,000 the first year and
7.22 	$2,374,000 the second year are for
7.23 	grants to the combined operations of
7.24 	the Criminal Gang Strike Force and
7.25 	Narcotics Task Forces.
7.26 	[CRIME VICTIM ASSISTANCE GRANTS
7.27 	INCREASE.] $532,000 each year is to
7.28 	increase the amount of funding for
7.29 	crime victim assistance grants.  This
7.30 	funding is to ensure that no one
7.31 	judicial district receives greater than
7.32 	a 12 percent overall reduction in state
7.33 	general funding to serve crime victims
7.34 	in fiscal years 2006 and 2007 versus
7.35 	the 2004 allocation.
7.36 	[FINANCIAL CRIMES TASK FORCE.] $300,000
7.37 	each year is for the Financial Crimes
7.38 	Task Force.
7.39 	[HUMAN TRAFFICKING; ASSESSMENT, POLICY
7.40 	DEVELOPMENT, AND IMPLEMENTATION.]
7.41 	$50,000 the first year and $50,000 the
7.42 	second year are to conduct a study and
7.43 	assessment of human trafficking and to
7.44 	implement initiatives to reduce
7.45 	trafficking and assist victims.
7.46 	[YOUTH INTERVENTION PROGRAMS.]
7.47 	$1,952,000 the first year and
7.48 	$1,952,000 the second year is for youth
7.49 	intervention programs currently under
7.50 	Minnesota Statutes, section 116L.30,
7.51 	but to be transferred to Minnesota
7.52 	Statutes, section 299A.73.  This money
7.53 	must be used to help existing programs
7.54 	serve unmet needs in their communities
7.55 	and to create new programs in
7.56 	underserved areas of the state.  Of
7.57 	this appropriation, $15,000 is
7.58 	appropriated to the commissioner of
8.1 	public safety for a onetime grant to
8.2 	Blue Earth County Riverbend Center for
8.3 	Entrepreneurial Facilitation.  The base
8.4 	for this program in fiscal year 2008
8.5 	and after is $1,452,000.
8.6 	[ADMINISTRATION COSTS.] Up to 2.5
8.7 	percent of the grant funds appropriated
8.8 	in this subdivision may be used to
8.9 	administer the grant program.
8.10 		Subd. 7.911 Emergency
8.11 	Services/ARMER                        43,655,000     34,055,000
8.12 	This appropriation is from the state
8.13 	government special revenue fund for 911
8.14 	emergency telecommunications services.
8.15 	Of the receipts from the emergency
8.16 	telecommunications service fee under
8.17 	Minnesota Statutes, section 403.11,
8.18 	above 50 cents per month in fiscal year
8.19 	2006, up to $6,505,000 of the
8.20 	appropriation in the first year is for
8.21 	prior year obligations to telephone
8.22 	utility companies.  The remainder of
8.23 	the receipts from the emergency
8.24 	telecommunications service fee under
8.25 	Minnesota Statutes, section 403.11,
8.26 	above 50 cents per month in the first
8.27 	year are for costs associated with the
8.28 	Shared Public Safety Radio System and
8.29 	are available until June 30, 2007.
8.30 		Subd. 8.Administration                 609,000        738,000
8.31 	[PUBLIC SAFETY OFFICERS' HEALTH
8.32 	INSURANCE.] $609,000 the first year and
8.33 	$738,000 the second year are for public
8.34 	safety officers' health insurance.  The
8.35 	base for fiscal year 2008 is $885,000
8.36 	and for fiscal year 2009 is $1,053,000.
8.37 		Subd. 9.Driver and Vehicle
8.38 	Services                                  31,000          1,000
8.39 	[GASOLINE THEFT.] This appropriation is
8.40 	from the trunk highway fund for costs
8.41 	associated with suspending licenses of
8.42 	persons who misappropriate gasoline.

8.43 	Sec. 10. PEACE OFFICER
8.44 	STANDARDS AND TRAINING BOARD (POST)    4,154,000      4,051,000
 8.45 	This appropriation is from the peace
8.46 	officer training account in the special
8.47 	revenue fund.  Any new receipts
8.48 	credited to that account in the first
8.49 	year in excess of $4,154,000 must be
8.50 	transferred and credited to the general
8.51 	fund.  Any new receipts credited to
8.52 	that account in the second year in
8.53 	excess of $4,051,000 must be
8.54 	transferred and credited to the general
8.55 	fund.
8.56 	[PEACE OFFICER TRAINING REIMBURSEMENT.]
8.57 	$2,909,000 the first year and
8.58 	$2,909,000 the second year are for
8.59 	reimbursements to local governments for
8.60 	peace officer training costs.

9.1 	Sec. 11. PRIVATE DETECTIVE BOARD        178,000        177,000

9.2 	Sec. 12. HUMAN RIGHTS                 3,490,000      3,490,000

9.3 	Sec. 13. DEPARTMENT OF CORRECTIONS
 9.4 		Subdivision 1.Total
9.5 	Appropriation                        404,724,000    420,290,000
9.6 	Summary by Fund
9.7 	General Fund        403,834,000   419,400,000
9.8 	Special Revenue         890,000       890,000
9.9 	[APPROPRIATIONS FOR PROGRAMS.] The
9.10 	amounts that may be spent from this
9.11 	appropriation for each program are
9.12 	specified in the following subdivisions.
9.13 		Subd. 2.Correctional
9.14 	Institutions                         288,043,000    303,358,000
9.15 	Summary by Fund
9.16 	General Fund        287,463,000   302,778,000
9.17 	Special Revenue         580,000       580,000
9.18 	[CONTRACTS FOR BEDS AT RUSH CITY.] If
9.19 	the commissioner contracts with other
9.20 	states, local units of government, or
9.21 	the federal government to rent beds in
9.22 	the Rush City Correctional Facility,
9.23 	the commissioner shall charge a per
9.24 	diem under the contract, to the extent
9.25 	possible, that is equal to or greater
9.26 	than the per diem cost of housing
9.27 	Minnesota inmates in the facility.
9.28 		Subd. 3.Community Services         101,123,000    101,374,000
9.29 	Summary by Fund
9.30 	General Fund        101,023,000   101,274,000
9.31 	Special Revenue         100,000       100,100
9.32 	[SEX OFFENDER TRACKING.] $500,000 the
9.33 	first year is for the acquisition of
9.34 	bracelets equipped with tracking
9.35 	devices designed to track and monitor
9.36 	the movement and location of criminal
9.37 	offenders.  The commissioner shall use
9.38 	the bracelets to monitor high-risk sex
9.39 	offenders who are on supervised release
9.40 	or probation to help ensure that the
9.41 	offenders do not violate conditions of
9.42 	their release or probation.
9.43 	[METHAMPHETAMINE TREATMENT GRANTS.]
9.44 	$250,000 the first year and $300,000
9.45 	the second year are for methamphetamine
9.46 	treatment grants to counties.
9.47 	[METHAMPHETAMINE LAW ENFORCEMENT AND
9.48 	SUPERVISION GRANTS.] $250,000 the first
9.49 	year and $300,000 the second year are
9.50 	for methamphetamine enforcement and
9.51 	supervision aid grants to counties.
10.1 		Subd. 4.Operations Support          15,558,000     15,558,000
10.2 	General Fund         15,348,000    15,348,000
10.3 	Special Revenue         210,000       210,000
10.4 		Subd. 5.Housing and Medical Care
10.5 	[SHORT-TERM OFFENDERS.] $1,207,000 each
10.6 	year is appropriated to the
10.7 	commissioner of corrections for costs
10.8 	associated with the housing and care of
10.9 	short-term offenders.  The commissioner
10.10 	may use up to 20 percent of the total
10.11 	amount of the appropriation for
10.12 	inpatient medical care for short-term
10.13 	offenders with less than six months to
10.14 	serve as affected by Minnesota
10.15 	Statutes, section 609.105, as amended
10.16 	by Laws 2003, First Special Session
10.17 	chapter 2, article 5, sections 7 to 9.
10.18 	The commissioner shall establish and
10.19 	implement policy governing the
10.20 	admission, housing, medical care, and
10.21 	release of this population.  All funds
10.22 	remaining at the end of the fiscal year
10.23 	not expended for inpatient medical care
10.24 	shall be added to and distributed with
10.25 	the housing funds.  These funds shall
10.26 	be distributed proportionately based on
10.27 	the total number of days short-term
10.28 	offenders are placed locally, not to
10.29 	exceed $70 per day.  Short-term
10.30 	offenders may be housed in a state
10.31 	correctional facility at the discretion
10.32 	of the commissioner.  The Department of
10.33 	Corrections is exempt from the state
10.34 	contracting process for the purposes of
10.35 	Minnesota Statutes, section 609.105, as
10.36 	amended by Laws 2003, First Special
10.37 	Session chapter 2, article 5, sections
10.38 	7 to 9.

10.39 	Sec. 14. SENTENCING GUIDELINES          478,000        478,000
 10.40 	Of this appropriation, $30,000 shall be
10.41 	appropriated for the Sentencing
10.42 	Guidelines Commission to convene a work
10.43 	group to study sentencing policy in
10.44 	Minnesota and report its
10.45 	recommendations to the legislature on
10.46 	January 5, 2007.  The report shall
10.47 	include recommendations on the
10.48 	feasibility and benefits of
10.49 	incorporating discretion into the
10.50 	existing guideline system.  The report
10.51 	shall also consider whether existing
10.52 	and proposed release authorities such
10.53 	as the review board under section
10.54 	244.05 and the sex offender review
10.55 	board can be successfully integrated
10.56 	into such a system.
10.57 	This appropriation shall fund staffing,
10.58 	research, and up to three public
10.59 	hearings of the work group.
10.60 	Input shall be sought from the
10.61 	following stakeholders:
10.62 	(1) the Department of Public Safety;
11.1 	(2) the Department of Corrections;
11.2 	(3) the Minnesota Association of County
11.3 	Attorneys;
11.4 	(4) the community corrections counties;
11.5 	(5) the chair and lead minority members
11.6 	of the Public Safety Committees of the
11.7 	House and Senate;
11.8 	(6) the Minnesota Police Chiefs
11.9 	Association;
11.10 	(7) the Minnesota Sheriffs Association;
11.11 	(8) the Minnesota Police and Peace
11.12 	Officers Association;
11.13 	(9) the Minnesota Association of
11.14 	District Court Judges;
11.15 	(10) the Minnesota Sentencing
11.16 	Guidelines Commission;
11.17 	(11) Mothers Against Drunk Driving;
11.18 	(12) the Coalition of Battered Women's
11.19 	Organizations;
11.20 	(13) the General Crime Coalition;
11.21 	(14) Representatives of Crime Victims
11.22 	Organizations;
11.23 	(15) the Minnesota Council on Crime and
11.24 	Justice;
11.25 	(16) The Minnesota Board of Public
11.26 	Defense;
11.27 	(17) Representatives of Treatment
11.28 	Professionals;
11.29 	(18) Representatives of Offender
11.30 	Re-entry Programs such as Gateway;
11.31 	(19) Representatives of the state
11.32 	Council on Black Minnesotans;
11.33 	(20) Representatives of the state
11.34 	Council on Affairs of Chicano/Latino
11.35 	People;
11.36 	(21) Representatives of the state
11.37 	Council on Asian-Pacific Minnesotans;
11.38 	and
11.39 	(22) Representatives of the State
11.40 	Council on Indian Affairs.
11.41 	The commission shall report findings to
11.42 	the legislature by January 15, 2006.

11.43 	ARTICLE 2
11.44 	SEX OFFENDER CRIMINAL PROVISIONS

11.45 	Section 1. Minnesota Statutes 2004, section 13.851,
11.46 	subdivision 5, is amended to read:
12.1 		Subd. 5.Sex offenders; civil commitment determination;
12.2 	commissioner of corrections.  Data provided to the county
12.3 	attorney under section 244.05, subdivision 7, and to the
12.4 	Minnesota Sex Offender Review Board under section 244.05,
12.5 	subdivision 5,are governed by that section.
12.6 	
EFFECTIVE DATE. This section is effective July 1, 2005.

12.7 	Sec. 2. Minnesota Statutes 2004, section 244.05,
12.8 	subdivision 4, is amended to read:
12.9 		Subd. 4.Minimum imprisonment, life sentence. (a) An
12.10 	inmate serving a mandatory life sentence under section 609.106,
12.11 	609.342, subdivision 2, paragraph (c), or 609.343, subdivision
12.12 	2, paragraph (c),must not be given supervised release under
12.13 	this section.
12.14 	(b) An inmate serving a mandatory life sentence under
12.15 	section 609.185, clause (1), (3), (5), or (6); or 609.109,
12.16 	subdivision 2a 3, must not be given supervised release under
12.17 	this section without having served a minimum term of 30 years.
12.18 	(c) An inmate serving a mandatory life sentence under
12.19 	section 609.385 must not be given supervised release under this
12.20 	section without having served a minimum term of imprisonment of
12.21 	17 years.
12.22 	(d) An inmate serving a mandatory life sentence under
12.23 	section 609.342, subdivision 2, paragraph (b); 609.343,
12.24 	subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph
12.25 	(b); 609.345, subdivision 2, paragraph (b); or 609.3453,
12.26 	subdivision 2, paragraph (b), must not be given supervised
12.27 	release under this section without having served a minimum term
12.28 	of imprisonment of 20 years.  If the sentencing court imposed a
12.29 	sentence with a term of imprisonment of more than 20 years, the
12.30 	inmate may not be given supervised release without having served
12.31 	that term.
12.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
12.33 	and applies to crimes committed on or after that date.

12.34 	Sec. 3. Minnesota Statutes 2004, section 244.05,
12.35 	subdivision 5, is amended to read:
12.36 		Subd. 5.Supervised release, life sentence.  (a) The
13.1 	commissioner of corrections may, under rules promulgated by the
13.2 	commissioner, give supervised release to an inmate serving a
13.3 	mandatory life sentence under section 609.185, clause (1), (3),
13.4 	(5), or (6); 609.109, subdivision 2a; or 609.385 after the
13.5 	inmate has served the minimum term of imprisonment specified in
13.6 	subdivision 4.
13.7 	(b) The commissioner shall give supervised release to an
13.8 	inmate serving a mandatory life sentence under section 609.109,
13.9 	subdivision 3; 609.342, subdivision 2, paragraph (b); 609.343,
13.10 	subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph
13.11 	(b); 609.345, subdivision 2, paragraph (b); or 609.3453,
13.12 	subdivision 2, paragraph (b), when directed to do so by the Sex
13.13 	Offender Review Board under section 244.0515.
13.14 	(c) The commissioner shall require the preparation of a
13.15 	community investigation report and shall consider the findings
13.16 	of the report when making a supervised release decision under
13.17 	this subdivision.  The report shall reflect the sentiment of the
13.18 	various elements of the community toward the inmate, both at the
13.19 	time of the offense and at the present time.  The report shall
13.20 	include the views of the sentencing judge, the prosecutor, any
13.21 	law enforcement personnel who may have been involved in the
13.22 	case, and any successors to these individuals who may have
13.23 	information relevant to the supervised release decision.  The
13.24 	report shall also include the views of the victim and the
13.25 	victim's family unless the victim or the victim's family chooses
13.26 	not to participate. The commissioner shall submit the report
13.27 	required by this paragraph to the Minnesota Sex Offender Review
13.28 	Board to assist the board in making release decisions under
13.29 	section 244.0515.  The commissioner also shall give the board,
13.30 	on request, any and all information the commissioner gathered
13.31 	for use in compiling the report.
13.32 	(c) (d) The commissioner shall make reasonable efforts to
13.33 	notify the victim, in advance, of the time and place of the
13.34 	inmate's supervised release review hearing.  The victim has a
13.35 	right to submit an oral or written statement at the review
13.36 	hearing.  The statement may summarize the harm suffered by the
14.1 	victim as a result of the crime and give the victim's
14.2 	recommendation on whether the inmate should be given supervised
14.3 	release at this time.  The commissioner must consider the
14.4 	victim's statement when making the supervised release decision.
14.5 	(d) (e) As used in this subdivision, "victim" means the
14.6 	individual who suffered harm as a result of the inmate's crime
14.7 	or, if the individual is deceased, the deceased's surviving
14.8 	spouse or next of kin.
14.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
14.10 	and applies to crimes committed on or after that date.

14.11 	Sec. 4. [609.1075] ASEXUALIZATION FOR CERTAIN SEX
14.12 	OFFENDERS.
14.13 		Subdivision 1.Definitions. (a) As used in this section,
14.14 	the following terms have the meanings given them.
14.15 	(b) "Asexualization" or "asexualized" means the surgical
14.16 	removal of the male testicles by a licensed physician.
14.17 	(c) "Chemical castration" or "chemically castrated" means
14.18 	the administration of pharmaceutical substances or hormones
14.19 	prescribed by a licensed physician to a person to remove sexual
14.20 	desire and aggression.
14.21 	(d) "Sexual contact with a person under 13" has the meaning
14.22 	given in section 609.341, subdivision 11, paragraph (c).
14.23 	(e) "Sex crime" means a violation of section 609.342,
14.24 	609.343, or 609.344 that involves sexual contact with a person
14.25 	under 13.
14.26 	(f) "Aggravated circumstances" include:
14.27 	(1) the sex crime was especially serious, atrocious, or
14.28 	cruel;
14.29 	(2) the sex crime resulted in significant physical injury
14.30 	to the victim;
14.31 	(3) the sex crime was committed upon one victim by the
14.32 	defendant two or more times within a 24-hour period;
14.33 	(4) the sex crime was committed upon one victim by two or
14.34 	more persons, acting in concert with the defendant;
14.35 	(5) the sex crime was committed by a person while serving a
14.36 	sentence for a sex crime conviction, or while subject to any
15.1 	provision of a deferred prosecution agreement, suspended
15.2 	sentence, or postimprisonment supervision for a sex crime;
15.3 	(6) the existence of a prior juvenile delinquency
15.4 	adjudication for a sex crime; and 
15.5 	(7) the existence of a prior conviction for a sex crime in
15.6 	this state or another state.
15.7 		Subd. 2.Sentence of castration. Any person who commits
15.8 	a sex crime may be punished by asexualization or chemical
15.9 	castration in addition to any other penalty allowed by law for
15.10 	the offense.  Any person having been convicted of a sex crime
15.11 	prior to August 1, 2005, may voluntarily consent to be
15.12 	asexualized as provided in subdivision 6.  Except when a
15.13 	deferred or suspended sentence is prohibited by law, the court
15.14 	may require chemical castration as a condition of a deferred
15.15 	judgment or suspended sentence for a sex crime, and chemical
15.16 	castration may be ordered as a condition of postimprisonment
15.17 	supervision according to the procedures established in
15.18 	subdivision 9.  The offender must pay for the cost of his
15.19 	asexualization or chemical castration.
15.20 		Subd. 3.Hearing. (a) Upon conviction and before final
15.21 	sentencing of a defendant for a sex crime, the court shall
15.22 	conduct a hearing to determine whether or not the defendant
15.23 	should be ordered asexualized or chemically castrated in
15.24 	addition to any punishment allowable for the offense.  The
15.25 	hearing shall be conducted by the trial judge before the trial
15.26 	jury as soon as practicable without any additional presentence
15.27 	investigation.  If the defendant waived his right to a jury or
15.28 	if the defendant pleaded guilty or nolo contendere, the hearing
15.29 	shall be conducted before the judge.
15.30 	(b) In the hearing, evidence may be presented as to any
15.31 	aggravating or mitigating circumstances.  Aggravating
15.32 	circumstances must be proved beyond a reasonable doubt.  Only
15.33 	evidence in aggravation as the state has presented at trial or
15.34 	made known to the defendant prior to the hearing shall be
15.35 	admissible.  The state and the defendant or counsel for the
15.36 	defendant shall be permitted to present their arguments for or
16.1 	against asexualization or chemical castration.  If the
16.2 	prosecuting attorney fails to present any evidence of
16.3 	aggravating circumstances at the hearing, the judge shall
16.4 	terminate the hearing and proceed to final sentencing.
16.5 	(c) At the conclusion of the hearing, the trial judge shall:
16.6 	(1) if the hearing was conducted before the trial jury,
16.7 	give the jury written instructions on aggravating circumstances
16.8 	as warranted by the evidence.  The jury shall designate in
16.9 	writing, signed by the foreman of the jury, the statutory
16.10 	aggravating circumstances which the jury unanimously found to
16.11 	exist beyond a reasonable doubt and whether the aggravating
16.12 	circumstances were outweighed by any mitigating circumstances as
16.13 	determined by the jury; or 
16.14 	(2) enumerate for the record the aggravating circumstances
16.15 	the judge found to exist beyond a reasonable doubt and whether
16.16 	the aggravating circumstances were outweighed by any mitigating
16.17 	circumstances as determined by the judge.
16.18 	(d) When the judge or jury finds at least one aggravating
16.19 	circumstance, then the judge may order the defendant chemically
16.20 	castrated or asexualized.  Chemical castration or asexualization
16.21 	may not be ordered when the judge or jury concludes that any
16.22 	aggravating circumstances are outweighed by mitigating
16.23 	circumstances.  Before asexualization may be ordered there must
16.24 	have been a deoxyribonucleic acid (DNA) test submitted as
16.25 	evidence for the purpose of determining guilt with a positive
16.26 	identification made against the defendant by means of the test,
16.27 	unless the defendant voluntarily waives this requirement.
16.28 		Subd. 4.Automatic appellate review. (a) If the penalty
16.29 	of asexualization is imposed, and upon the judgment becoming
16.30 	final in the trial court, the sentence shall be reviewed on the
16.31 	record by the Court of Appeals.  The clerk of the trial court,
16.32 	within ten days after receiving the judgment, shall transmit the
16.33 	entire record with the transcript of the hearing required by
16.34 	subdivision 3 to the Court of Appeals, together with a notice
16.35 	prepared by the clerk and a report prepared by the trial judge.
16.36 	The notice shall set forth the title and docket number of the
17.1 	case; the name of the defendant; the name and address of the
17.2 	attorney of record; and a narrative statement of the judgment,
17.3 	the offense, and the punishment imposed, including
17.4 	asexualization and any other provisions.
17.5 	(b) The Court of Appeals shall consider the asexualization
17.6 	order as well as any errors in the hearing required under
17.7 	subdivision 3 without the necessity of the defendant or counsel
17.8 	for the defendant enumerating any errors from the trial
17.9 	proceeding or making a direct appeal.
17.10 	(c) With regard to the review of the sentence for
17.11 	asexualization, the Court of Appeals shall determine whether:
17.12 	(1) the defendant was eligible for the punishment of
17.13 	asexualization;
17.14 	(2) the sentence of asexualization was imposed under the
17.15 	influence of prejudice or other arbitrary factor;
17.16 	(3) the evidence supports the findings of one or more
17.17 	statutory aggravating circumstances; and 
17.18 	(4) the evidence supports the findings that mitigating
17.19 	circumstances did not outweigh the findings of the statutory
17.20 	aggravating circumstances.
17.21 	(d) Both the defendant and the state shall have the right
17.22 	to submit briefs within the time provided by the court, and to
17.23 	present oral argument to the court.
17.24 	(e) The Court of Appeals shall include in its decision
17.25 	relating to the asexualization proceeding and order a reference
17.26 	to the factors taken into consideration.  In addition to the
17.27 	court's authority to review enumerated errors in the trial
17.28 	proceeding pursuant to direct appeal, the Court of Appeals, with
17.29 	regard to the review of an asexualization order, is authorized
17.30 	to:
17.31 	(1) affirm the sentence of asexualization; or 
17.32 	(2) set the sentence of asexualization aside and remand the
17.33 	case for modification of the sentence.
17.34 	(f) The review of an asexualization order by the Court of
17.35 	Appeals shall be in addition to direct appeal, if taken.  If a
17.36 	direct appeal is made, the review of an asexualization order
18.1 	shall be consolidated with the direct appeal for consideration.
18.2 	If a review of an asexualization order has been consolidated
18.3 	with a direct appeal, the Court of Appeals shall render its
18.4 	decision on legal errors enumerated, the factual substantiation
18.5 	of the verdict, and the provisions of the sentence.
18.6 		Subd. 5.Enforcement of sentence. If a defendant is
18.7 	ordered asexualized, the Department of Corrections shall secure
18.8 	the services of a licensed physician for the asexualization
18.9 	procedure, which shall be completed prior to release of the
18.10 	person from confinement to a suspended sentence, or to a period
18.11 	of postimprisonment supervision.  An asexualization procedure
18.12 	may be scheduled to be performed 30 days following the date of
18.13 	the Court of Appeals' decision or any time thereafter, but
18.14 	before release from custody.
18.15 		Subd. 6.Voluntary asexualization. (a) Any person
18.16 	incarcerated in the Department of Corrections who desires to be
18.17 	asexualized may voluntarily request the procedure from the
18.18 	Department of Corrections.  The department shall not be required
18.19 	to file a petition for a court order on behalf of the inmate
18.20 	requesting asexualization, but the department shall perform the
18.21 	procedure only if:
18.22 	(1) the inmate is 21 years of age or older;
18.23 	(2) the inmate requests the procedure in writing;
18.24 	(3) the inmate has signed a statement admitting the offense
18.25 	for which he was convicted and the offense is a sex crime;
18.26 	(4) a psychiatrist and a psychologist who are appointed by
18.27 	the department and have experience in the treatment of sex
18.28 	offenders have evaluated the inmate and have determined that the
18.29 	inmate is a suitable candidate for the procedure, the inmate is
18.30 	free from coercion in the decision to have the asexualization
18.31 	procedure, and the inmate has received counseling prior to
18.32 	undergoing the procedure;
18.33 	(5) the inmate has not previously requested the procedure
18.34 	and subsequently withdrawn the request; and 
18.35 	(6) the physician performing the procedure has obtained the
18.36 	informed written consent of the inmate to undergo the procedure.
19.1 	(b) An inmate voluntarily requesting asexualization may
19.2 	withdraw the request any time before the physician performs the
19.3 	procedure.  An inmate who withdraws a request for asexualization
19.4 	is ineligible to apply to have the procedure performed by the
19.5 	department at any other time.
19.6 	(c) An inmate voluntarily requesting asexualization may
19.7 	select a physician to perform the procedure.
19.8 	(d) An inmate voluntarily requesting asexualization must
19.9 	pay the cost of the procedure and surgeon.
19.10 		Subd. 7.Treating physician. A licensed physician
19.11 	selected to perform an asexualization procedure shall be
19.12 	responsible for examination of the person, scheduling suitable
19.13 	surgical facilities where the surgery will be performed, and
19.14 	surgically removing the male testicles of the person as required
19.15 	by court order or voluntary consent.
19.16 		Subd. 8.Immunity. (a) The Department of Corrections
19.17 	shall be immune from liability for scheduling the surgical
19.18 	procedure and facilities and selecting the licensed physician to
19.19 	perform the procedure.
19.20 	(b) A licensed physician who performs an asexualization
19.21 	procedure is not liable for an act or omission relating to the
19.22 	procedure, unless the act or omission constitutes negligence.
19.23 		Subd. 9.Chemical castration. If a defendant is ordered
19.24 	chemically castrated or if chemical castration is ordered as a
19.25 	condition of a deferred or suspended sentence or as a condition
19.26 	of postimprisonment supervision, the Department of Corrections
19.27 	shall require the defendant to submit to the prescribed
19.28 	treatment to effect chemical castration.  The department shall
19.29 	bear the cost of the treatment, unless it is determined by the
19.30 	department that the defendant has the ability to pay all or part
19.31 	of the treatment.  Failure of the defendant to submit to
19.32 	chemical castration when ordered as a condition of release is
19.33 	grounds for revocation of the sentence or postimprisonment
19.34 	supervision.
19.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
19.36 	and applies to crimes committed on or after that date.

20.1 	Sec. 5. Minnesota Statutes 2004, section 609.108,
20.2 	subdivision 3, is amended to read:
20.3 		Subd. 3.Predatory crime. A predatory crime is a felony
20.4 	violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
20.5 	609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
20.6 	609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
20.7 	or 609.582, subdivision 1.As used in this section, "predatory
20.8 	crime" has the meaning given in section 609.341, subdivision 24.
20.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
20.10 	and applies to crimes committed on or after that date.

20.11 	Sec. 6. Minnesota Statutes 2004, section 609.108,
20.12 	subdivision 4, is amended to read:
20.13 		Subd. 4.Danger to public safety.  The court fact finder 
20.14 	shall base its finding that the offender is a danger to public
20.15 	safety on any of the following factors:
20.16 	(1) the crime involved an aggravating factor that would
20.17 	justify a durational departure from the presumptive sentence
20.18 	under the Sentencing Guidelines;
20.19 	(2) the offender previously committed or attempted to
20.20 	commit a predatory crime or a violation of section 609.224 or
20.21 	609.2242, including:
20.22 	(i) an offense committed as a juvenile that would have been
20.23 	a predatory crime or a violation of section 609.224 or 609.2242
20.24 	if committed by an adult; or
20.25 	(ii) a violation or attempted violation of a similar law of
20.26 	any other state or the United States; or
20.27 	(3) the offender planned or prepared for the crime prior to
20.28 	its commission.
20.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
20.30 	and applies to crimes committed on or after that date.

20.31 	Sec. 7. Minnesota Statutes 2004, section 609.109,
20.32 	subdivision 3, is amended to read:
20.33 		Subd. 3.Mandatory life sentence.  (a) The court shall
20.34 	sentence a person to imprisonment for life, notwithstanding the
20.35 	statutory maximum sentence under section 609.342, if:
20.36 	(1) the person has been indicted by a grand jury under this
21.1 	subdivision;
21.2 	(2) the person is convicted under section 609.342; and
21.3 	(3) the court determines on the record at the time of
21.4 	sentencing that any of the following circumstances exists:
21.5 	(i) the person has previously been sentenced under section
21.6 	609.1095;
21.7 	(ii) the person has one previous sex offense conviction for
21.8 	a violation of section 609.342, 609.343, or 609.344 that
21.9 	occurred before August 1, 1989, for which the person was
21.10 	sentenced to prison in an upward durational departure from the
21.11 	Sentencing Guidelines that resulted in a sentence at least twice
21.12 	as long as the presumptive sentence; or
21.13 	(iii) the person has two previous sex offense convictions
21.14 	under section 609.342, 609.343, or 609.344.
21.15 	(b) Notwithstanding subdivision 2 and section 609.342,
21.16 	subdivision 3, the court may not stay imposition of the sentence
21.17 	required by this subdivision.
21.18 	(c) A person sentenced under this subdivision may only be
21.19 	granted supervised release as provided for in section 244.05,
21.20 	subdivision 5, paragraph (b).
21.21 	
EFFECTIVE DATE. This section is effective August 1, 2005,
21.22 	and applies to crimes committed on or after that date.

21.23 	Sec. 8. Minnesota Statutes 2004, section 609.109,
21.24 	subdivision 7, is amended to read:
21.25 		Subd. 7.Conditional release of sex offenders.  (a)
21.26 	Notwithstanding the statutory maximum sentence otherwise
21.27 	applicable to the offense or any provision of the Sentencing
21.28 	Guidelines, when a court sentences a person to prison for a
21.29 	violation of section 609.342, 609.343, 609.344, or 609.345, or
21.30 	609.3453,the court shall provide that after the person has
21.31 	completed the sentence imposed, the commissioner of corrections
21.32 	shall place the person on conditional release.
21.33 	If the person was convicted for a violation of section
21.34 	609.342, 609.343, 609.344, or 609.345, or 609.3453,the person
21.35 	shall be placed on conditional release for five ten years, minus
21.36 	the time the person served on supervised release.
22.1 	If the person was convicted for a violation of one of those
22.2 	sections after a previous sex offense conviction as defined in
22.3 	subdivision 5, or the person shall be placed on conditional
22.4 	release for the remainder of the person's life.  If the person
22.5 	was sentenced under subdivision 6 to a mandatory departure, the
22.6 	person shall be placed on conditional release for ten 15 years,
22.7 	minus the time the person served on supervised release.
22.8 	(b) The conditions of release may include successful
22.9 	completion of treatment and aftercare in a program approved by
22.10 	the commissioner, satisfaction of the release conditions
22.11 	specified in section 244.05, subdivision 6, and any other
22.12 	conditions the commissioner considers appropriate.  If the
22.13 	offender fails to meet any condition of release, the
22.14 	commissioner may revoke the offender's conditional release and
22.15 	order that the offender serve the remaining portion of the
22.16 	conditional release term in prison.  The commissioner shall not
22.17 	dismiss the offender from supervision before the conditional
22.18 	release term expires.
22.19 	Conditional release under this subdivision is governed by
22.20 	provisions relating to supervised release, except as otherwise
22.21 	provided in this subdivision, section 244.04, subdivision 1, or
22.22 	244.05.
22.23 	(c) The commissioner shall pay the cost of treatment of a
22.24 	person released under this subdivision.  This section does not
22.25 	require the commissioner to accept or retain an offender in a
22.26 	treatment program.
22.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
22.28 	and applies to crimes committed on or after that date.

22.29 	Sec. 9. Minnesota Statutes 2004, section 609.341,
22.30 	subdivision 14, is amended to read:
22.31 		Subd. 14.Coercion.  "Coercion" means the use by the
22.32 	actor of words or circumstances that cause the complainant
22.33 	reasonably to fear that the actor will inflict bodily harm upon,
22.34 	or hold in confinement,the complainant or another, or force the
22.35 	use by the actor of confinement, or the use of superior size or
22.36 	strength, against the complainant that causes the complainant to
23.1 	submit to sexual penetration or contact, but against the
23.2 	complainant's will.Proof of coercion does not require proof of
23.3 	a specific act or threat.
23.4 	
EFFECTIVE DATE. This section is effective August 1, 2005,
23.5 	and applies to crimes committed on or after that date.

23.6 	Sec. 10. Minnesota Statutes 2004, section 609.341, is
23.7 	amended by adding a subdivision to read:
23.8 		Subd. 22.Sex offense. Except for section 609.3452, "sex
23.9 	offense" means any violation of, or attempt to violate, section
23.10 	609.342 (first degree criminal sexual conduct), 609.343 (second
23.11 	degree criminal sexual conduct), 609.344 (third degree criminal
23.12 	sexual conduct), 609.345 (fourth degree criminal sexual
23.13 	conduct), 609.3451 (fifth degree criminal sexual conduct),
23.14 	609.3453 (criminal sexual predatory conduct), 609.352
23.15 	(solicitation of a child to engage in sexual conduct), 617.23
23.16 	(indecent exposure), 617.246 (use of minors in sexual
23.17 	performance), 617.247 (possession of pornographic work involving
23.18 	minors), or any similar statute of the United States or any
23.19 	other state.
23.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
23.21 	and applies to crimes committed on or after that date.

23.22 	Sec. 11. Minnesota Statutes 2004, section 609.341, is
23.23 	amended by adding a subdivision to read:
23.24 		Subd. 23.Subsequent sex offense. "Subsequent sex
23.25 	offense" means a violation of section 609.342 (first degree
23.26 	criminal sexual conduct), 609.343 (second degree criminal sexual
23.27 	conduct), 609.344 (third degree criminal sexual conduct),
23.28 	609.345 (fourth degree criminal sexual conduct), or 609.3453
23.29 	(criminal sexual predatory conduct) for which the offender is
23.30 	convicted after the offender has already been convicted or
23.31 	adjudicated delinquent for the following, involving a separate
23.32 	behavioral incident, regardless of when the behavioral incidents
23.33 	occurred:
23.34 	(1) another felony-level sex offense;
23.35 	(2) two non-felony-level sex offenses; or 
23.36 	(3) any felony-level predatory crime that the fact finder
24.1 	determines was motivated by the offender's sexual impulses or
24.2 	was part of a predatory pattern of behavior that had criminal
24.3 	sexual conduct as its goal.
24.4 	
EFFECTIVE DATE. This section is effective August 1, 2005,
24.5 	and applies to crimes committed on or after that date.

24.6 	Sec. 12. Minnesota Statutes 2004, section 609.341, is
24.7 	amended by adding a subdivision to read:
24.8 		Subd. 24.Predatory crime. "Predatory crime" means a
24.9 	felony violation of section 609.185 (first degree murder),
24.10 	609.19 (second degree murder), 609.195 (third degree murder),
24.11 	609.20 (first degree manslaughter), 609.205 (second degree
24.12 	manslaughter), 609.221 (first degree assault), 609.222 (second
24.13 	degree assault), 609.223 (third degree assault), 609.24 (simple
24.14 	robbery), 609.245 (aggravated robbery), 609.25 (kidnapping),
24.15 	609.255 (false imprisonment), 609.365 (incest), 609.498
24.16 	(tampering with a witness), 609.561 (first degree arson), or
24.17 	609.582, subdivision 1 (first degree burglary).
24.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
24.19 	and applies to crimes committed on or after that date.

24.20 	Sec. 13. Minnesota Statutes 2004, section 609.341, is
24.21 	amended by adding a subdivision to read:
24.22 		Subd. 25.Torture. "Torture" means the intentional
24.23 	infliction of extreme mental anguish, or extreme psychological
24.24 	abuse, when committed in an especially depraved manner.

24.25 	Sec. 14. Minnesota Statutes 2004, section 609.342,
24.26 	subdivision 2, is amended to read:
24.27 		Subd. 2.Penalty.  (a) Except as otherwise provided
24.28 	in section 609.109paragraph (b) or (c), or section 609.109, a
24.29 	person convicted under subdivision 1 may be sentenced to
24.30 	imprisonment for not more than 30 60 years or to a payment of a
24.31 	fine of not more than $40,000, or both.
24.32 	(b) Unless a longer mandatory minimum sentence is otherwise
24.33 	required by law or the Sentencing Guidelines provide for a
24.34 	longer presumptive executed sentence, the court shall presume
24.35 	that an executed sentence of 144 months must be imposed on an
24.36 	offender convicted of violating this section. Except as
25.1 	provided in paragraph (b) or (c),sentencing a person in a
25.2 	manner other than that described in this paragraph is a
25.3 	departure from the Sentencing Guidelines.
25.4 	(b) The court shall sentence a person to imprisonment for
25.5 	life if:
25.6 	(1) the person was convicted under subdivision 1, paragraph
25.7 	(c), (d), (e), (f), or (h); or 
25.8 	(2) the person was convicted under subdivision 1 of a
25.9 	subsequent sex offense.
25.10 	Unless a longer mandatory minimum sentence is otherwise
25.11 	required by law or the Sentencing Guidelines provide for a
25.12 	longer presumptive executed sentence, and the court imposes this
25.13 	sentence, the court shall specify a minimum term of imprisonment
25.14 	of 20 years that must be served before the offender may be
25.15 	considered for supervised release.
25.16 	(c) The court shall sentence a person to imprisonment for
25.17 	life without the possibility of release if the person is
25.18 	convicted of violating subdivision 1, paragraph (c), (d), (e),
25.19 	(f), or (h), and the fact finder determines beyond a reasonable
25.20 	doubt that any of the following circumstances exist:
25.21 	(1) the offender tortured the complainant;
25.22 	(2) the offender intentionally inflicted great bodily harm
25.23 	upon the complainant;
25.24 	(3) the offender, without the complainant's consent,
25.25 	removed the complainant from one place to another and did not
25.26 	release the complainant in a safe place;
25.27 	(4) the complainant was aged 13 or younger at the time of
25.28 	the offense;
25.29 	(5) the complainant was aged 70 or older at the time of the
25.30 	offense;
25.31 	(6) the offender was armed with a dangerous weapon or any
25.32 	article used or fashioned in a manner to lead the complainant to
25.33 	reasonably believe it to be a dangerous weapon and used or
25.34 	threatened to use the weapon or article to cause the complainant
25.35 	to submit;
25.36 	(7) the charged offense involved sexual penetration or
26.1 	sexual contact with more than one victim; or 
26.2 	(8) the offense involved more than one perpetrator engaging
26.3 	in sexual penetration or sexual contact with the complainant.
26.4 	The fact finder may not consider a circumstance described
26.5 	in clauses (1) to (8) if it is an element of the underlying
26.6 	specified violation of subdivision 1.
26.7 	(d) In addition to the sentence imposed under paragraph
26.8 	(a), (b), or (c), the person may also be sentenced to the
26.9 	payment of a fine of not more than $40,000.
26.10 	(e) In addition to any other sentence permitted by law, a
26.11 	person convicted under subdivision 1 may be subject to
26.12 	asexualization or chemical castration as provided for in section
26.13 	609.1075.
26.14 	
EFFECTIVE DATE. This section is effective August 1, 2005,
26.15 	and applies to crimes committed on or after that date.

26.16 	Sec. 15. Minnesota Statutes 2004, section 609.342,
26.17 	subdivision 3, is amended to read:
26.18 		Subd. 3.Stay.  Except when imprisonment is required for
26.19 	a subsequent sex offense or under section 609.109, if a person
26.20 	is convicted under subdivision 1, clause (g), the court may stay
26.21 	imposition or execution of the sentence if it finds that:
26.22 	(a) a stay is in the best interest of the complainant or
26.23 	the family unit; and
26.24 	(b) a professional assessment indicates that the offender
26.25 	has been accepted by and can respond to a treatment program.
26.26 	If the court stays imposition or execution of sentence, it
26.27 	shall include the following as conditions of probation:
26.28 	(1) incarceration in a local jail or workhouse;
26.29 	(2) a requirement that the offender complete a treatment
26.30 	program; and
26.31 	(3) a requirement that the offender have no unsupervised
26.32 	contact with the complainant until the offender has successfully
26.33 	completed the treatment program unless approved by the treatment
26.34 	program and the supervising correctional agent.
26.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
26.36 	and applies to crimes committed on or after that date.

27.1 	Sec. 16. Minnesota Statutes 2004, section 609.343,
27.2 	subdivision 2, is amended to read:
27.3 		Subd. 2.Penalty.  (a) Except as otherwise provided
27.4 	in paragraph (b) or (c) or section 609.109, a person convicted
27.5 	under subdivision 1 may be sentenced to imprisonment for not
27.6 	more than 25 50 years or to a payment of a fine of not more than
27.7 	$35,000, or both.
27.8 	(b) Unless a longer mandatory minimum sentence is otherwise
27.9 	required by law or the Sentencing Guidelines provide for a
27.10 	longer presumptive executed sentence, the court shall presume
27.11 	that an executed sentence of 90 months must be imposed on an
27.12 	offender convicted of violating subdivision 1, clause (c), (d),
27.13 	(e), (f), or (h).  Sentencing a person in a manner other than
27.14 	that described in this paragraph is a departure from the
27.15 	Sentencing Guidelines.
27.16 	(b) The court shall sentence a person to imprisonment for
27.17 	life if:
27.18 	(1) the person was convicted under subdivision 1, paragraph
27.19 	(c), (d), (e), (f), or (h); or 
27.20 	(2) the person was convicted under subdivision 1 of a
27.21 	subsequent sex offense.
27.22 	Unless a longer mandatory minimum sentence is otherwise
27.23 	required by law or the Sentencing Guidelines provide for a
27.24 	longer presumptive executed sentence, and the court imposes this
27.25 	sentence, the court shall specify a minimum term of imprisonment
27.26 	of 20 years that must be served before the offender may be
27.27 	considered for supervised release.
27.28 	(c) The court shall sentence a person to imprisonment for
27.29 	life without the possibility of release if the person is
27.30 	convicted of violating subdivision 1, paragraph (c), (d), (e),
27.31 	(f), or (h), and the fact finder determines beyond a reasonable
27.32 	doubt that any of the following circumstances exist:
27.33 	(1) the offender tortured the complainant;
27.34 	(2) the offender intentionally inflicted great bodily harm
27.35 	upon the complainant;
27.36 	(3) the offender, without the complainant's consent,
28.1 	removed the complainant from one place to another and did not
28.2 	release the complainant in a safe place;
28.3 	(4) the complainant was aged 13 or younger at the time of
28.4 	the offense;
28.5 	(5) the complainant was aged 70 or older at the time of the
28.6 	offense;
28.7 	(6) the offender was armed with a dangerous weapon or any
28.8 	article used or fashioned in a manner to lead the complainant to
28.9 	reasonably believe it to be a dangerous weapon and used or
28.10 	threatened to use the weapon or article to cause the complainant
28.11 	to submit;
28.12 	(7) the charged offense involved sexual penetration or
28.13 	sexual contact with more than one victim; or 
28.14 	(8) the offense involved more than one perpetrator engaging
28.15 	in sexual penetration or sexual contact with the complainant.
28.16 	The fact finder may not consider a circumstance described
28.17 	in clauses (1) to (8) if it is an element of the underlying
28.18 	specified violation of subdivision 1.
28.19 	(d) In addition to the sentence imposed under paragraph
28.20 	(a), (b), or (c), the person may also be sentenced to the
28.21 	payment of a fine of not more than $35,000.
28.22 	(e) In addition to any other sentence permitted by law, a
28.23 	person convicted under subdivision 1 may be subject to
28.24 	asexualization or chemical castration as provided for in section
28.25 	609.1075.
28.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
28.27 	and applies to crimes committed on or after that date.

28.28 	Sec. 17. Minnesota Statutes 2004, section 609.343,
28.29 	subdivision 3, is amended to read:
28.30 		Subd. 3.Stay.  Except when imprisonment is required for
28.31 	a subsequent sex offense or under section 609.109, if a person
28.32 	is convicted under subdivision 1, clause (g), the court may stay
28.33 	imposition or execution of the sentence if it finds that:
28.34 	(a) a stay is in the best interest of the complainant or
28.35 	the family unit; and
28.36 	(b) a professional assessment indicates that the offender
29.1 	has been accepted by and can respond to a treatment program.
29.2 	If the court stays imposition or execution of sentence, it
29.3 	shall include the following as conditions of probation:
29.4 	(1) incarceration in a local jail or workhouse;
29.5 	(2) a requirement that the offender complete a treatment
29.6 	program; and
29.7 	(3) a requirement that the offender have no unsupervised
29.8 	contact with the complainant until the offender has successfully
29.9 	completed the treatment program unless approved by the treatment
29.10 	program and the supervising correctional agent.
29.11 	
EFFECTIVE DATE. This section is effective August 1, 2005,
29.12 	and applies to crimes committed on or after that date.

29.13 	Sec. 18. Minnesota Statutes 2004, section 609.344,
29.14 	subdivision 2, is amended to read:
29.15 		Subd. 2.Penalty. (a) Except as otherwise provided in
29.16 	paragraph (b),a person convicted under subdivision 1 may be
29.17 	sentenced to imprisonment for not more than 15 30 years or to a
29.18 	payment of a fine of not more than $30,000, or both.
29.19 	(b) A person convicted under subdivision 1 of a subsequent
29.20 	sex offense shall be sentenced to imprisonment for life.  Unless
29.21 	a longer mandatory minimum sentence is otherwise required by law
29.22 	or the Sentencing Guidelines provide for a longer presumptive
29.23 	executed sentence, and the court imposes this sentence, the
29.24 	court shall specify a minimum term of imprisonment of 20 years
29.25 	that must be served before the offender may be considered for
29.26 	supervised release.
29.27 	(c) In addition to the sentence imposed under paragraph (a)
29.28 	or (b), the person may also be sentenced to the payment of a
29.29 	fine of not more than $30,000.
29.30 	(d) In addition to any other sentence permitted by law, a
29.31 	person convicted under subdivision 1 may be subject to
29.32 	asexualization or chemical castration as provided for in section
29.33 	609.1075.
29.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
29.35 	and applies to crimes committed on or after that date.

29.36 	Sec. 19. Minnesota Statutes 2004, section 609.344,
30.1 	subdivision 3, is amended to read:
30.2 		Subd. 3.Stay.  Except when imprisonment is required
30.3 	under subdivision 2, paragraph (b), or section 609.109, if a
30.4 	person is convicted under subdivision 1, clause (f), the court
30.5 	may stay imposition or execution of the sentence if it finds
30.6 	that:
30.7 	(a) a stay is in the best interest of the complainant or
30.8 	the family unit; and
30.9 	(b) a professional assessment indicates that the offender
30.10 	has been accepted by and can respond to a treatment program.
30.11 	If the court stays imposition or execution of sentence, it
30.12 	shall include the following as conditions of probation:
30.13 	(1) incarceration in a local jail or workhouse;
30.14 	(2) a requirement that the offender complete a treatment
30.15 	program; and
30.16 	(3) a requirement that the offender have no unsupervised
30.17 	contact with the complainant until the offender has successfully
30.18 	completed the treatment program unless approved by the treatment
30.19 	program and the supervising correctional agent.
30.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
30.21 	and applies to crimes committed on or after that date.

30.22 	Sec. 20. Minnesota Statutes 2004, section 609.345,
30.23 	subdivision 2, is amended to read:
30.24 		Subd. 2.Penalty. (a) Except as otherwise provided in
30.25 	paragraph (b),a person convicted under subdivision 1 may be
30.26 	sentenced to imprisonment for not more than ten 20 years or to a
30.27 	payment of a fine of not more than $20,000, or both.
30.28 	(b) A person convicted under subdivision 1 of a subsequent
30.29 	sex offense shall be sentenced to imprisonment for life.  Unless
30.30 	a longer mandatory minimum sentence is otherwise required by law
30.31 	or the Sentencing Guidelines provide for a longer presumptive
30.32 	executed sentence, and the court imposes this sentence, the
30.33 	court shall specify a minimum term of imprisonment of 20 years
30.34 	that must be served before the offender may be considered for
30.35 	supervised release.
30.36 	(c) In addition to the sentence imposed under paragraph (a)
31.1 	or (b), the person may also be sentenced to the payment of a
31.2 	fine of not more than $20,000.
31.3 	
EFFECTIVE DATE. This section is effective August 1, 2005,
31.4 	and applies to crimes committed on or after that date.

31.5 	Sec. 21. Minnesota Statutes 2004, section 609.345,
31.6 	subdivision 3, is amended to read:
31.7 		Subd. 3.Stay.  Except when imprisonment is required
31.8 	under subdivision 2, paragraph (b), or section 609.109, if a
31.9 	person is convicted under subdivision 1, clause (f), the court
31.10 	may stay imposition or execution of the sentence if it finds
31.11 	that:
31.12 	(a) a stay is in the best interest of the complainant or
31.13 	the family unit; and
31.14 	(b) a professional assessment indicates that the offender
31.15 	has been accepted by and can respond to a treatment program.
31.16 	If the court stays imposition or execution of sentence, it
31.17 	shall include the following as conditions of probation:
31.18 	(1) incarceration in a local jail or workhouse;
31.19 	(2) a requirement that the offender complete a treatment
31.20 	program; and
31.21 	(3) a requirement that the offender have no unsupervised
31.22 	contact with the complainant until the offender has successfully
31.23 	completed the treatment program unless approved by the treatment
31.24 	program and the supervising correctional agent.
31.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
31.26 	and applies to crimes committed on or after that date.

31.27 	Sec. 22. [609.3453] CRIMINAL SEXUAL PREDATORY CONDUCT.
31.28 		Subdivision 1.Crime defined. A person is guilty of
31.29 	criminal sexual predatory conduct if the person commits a
31.30 	predatory crime that was motivated by the offender's sexual
31.31 	impulses or was part of a predatory pattern of behavior that had
31.32 	criminal sexual conduct as its goal.
31.33 		Subd. 2.Penalty. (a) Except as provided in paragraph
31.34 	(b), a person convicted under subdivision 1 may be sentenced to
31.35 	imprisonment for a minimum of 15 years or twice the statutory
31.36 	maximum for the underlying predatory crime, whichever is longer.
32.1 	(b) A person convicted under subdivision 1 of a subsequent
32.2 	sex offense shall be sentenced to imprisonment for life.  Unless
32.3 	a longer mandatory minimum sentence is otherwise required by law
32.4 	or the Sentencing Guidelines provide for a longer presumptive
32.5 	executed sentence, and the court imposes this sentence, the
32.6 	court shall specify a minimum term of imprisonment of 20 years
32.7 	that must be served before the offender may be considered for
32.8 	supervised release.
32.9 	(c) In addition to the sentence imposed under paragraph (a)
32.10 	or (b), the person may also be sentenced to the payment of a
32.11 	fine of not more than $20,000.
32.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
32.13 	and applies to crimes committed on or after that date.

32.14 	Sec. 23. Minnesota Statutes 2004, section 609.748,
32.15 	subdivision 2, is amended to read:
32.16 		Subd. 2.Restraining order; jurisdiction.  A person who
32.17 	is a victim of harassment may seek a restraining order from the
32.18 	district court in the manner provided in this section.  The
32.19 	parent or ,guardian, or stepparent of a minor who is a victim of
32.20 	harassment may seek a restraining order from the district court
32.21 	on behalf of the minor.
32.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
32.23 	and applies to crimes committed on or after that date.

32.24 	Sec. 24. Minnesota Statutes 2004, section 609.748,
32.25 	subdivision 3a, is amended to read:
32.26 		Subd. 3a.Filing fee; cost of service.  The filing fees
32.27 	for a restraining order under this section are waived for the
32.28 	petitioner if the petition alleges acts that would constitute a
32.29 	violation of section 609.749, subdivision 2 or 3, or sections
32.30 	609.342 to 609.3451.  The court administrator and the sheriff of
32.31 	any county in this state shall perform their duties relating to
32.32 	service of process without charge to the petitioner.  The court
32.33 	shall direct payment of the reasonable costs of service of
32.34 	process if served by a private process server when the sheriff
32.35 	is unavailable or if service is made by publication.  The court
32.36 	may direct a respondent to pay to the court administrator the
33.1 	petitioner's filing fees and reasonable costs of service of
33.2 	process if the court determines that the respondent has the
33.3 	ability to pay the petitioner's fees and costs.
33.4 	
EFFECTIVE DATE. This section is effective August 1, 2005,
33.5 	and applies to crimes committed on or after that date.

33.6 	Sec. 25. Minnesota Statutes 2004, section 609.749,
33.7 	subdivision 2, is amended to read:
33.8 		Subd. 2.Harassment and stalking crimes.  (a) A person
33.9 	who harasses another by committing any of the following acts is
33.10 	guilty of a gross misdemeanor:
33.11 	(1) directly or indirectly manifests a purpose or intent to
33.12 	injure the person, property, or rights of another by the
33.13 	commission of an unlawful act;
33.14 	(2) stalks, follows, monitors,or pursues another, whether
33.15 	in person or through technological or other means;
33.16 	(3) returns to the property of another if the actor is
33.17 	without claim of right to the property or consent of one with
33.18 	authority to consent;
33.19 	(4) repeatedly makes telephone calls, or induces a victim
33.20 	to make telephone calls to the actor, whether or not
33.21 	conversation ensues;
33.22 	(5) makes or causes the telephone of another repeatedly or
33.23 	continuously to ring;
33.24 	(6) repeatedly mails or delivers or causes the delivery by
33.25 	any means, including electronically, of letters, telegrams,
33.26 	messages, packages, or other objects; or
33.27 	(7) knowingly makes false allegations against a peace
33.28 	officer concerning the officer's performance of official duties
33.29 	with intent to influence or tamper with the officer's
33.30 	performance of official duties.
33.31 	(b) The conduct described in paragraph (a), clauses (4) and
33.32 	(5), may be prosecuted at the place where any call is either
33.33 	made or received or, additionally in the case of wireless or
33.34 	electronic communication, where the actor or victim resides.
33.35 	The conduct described in paragraph (a), clause (2), may be
33.36 	prosecuted where the actor or victim resides.  The conduct
34.1 	described in paragraph (a), clause (6), may be prosecuted where
34.2 	any letter, telegram, message, package, or other object is
34.3 	either sent or received or, additionally in the case of wireless
34.4 	or electronic communication, where the actor or victim resides.
34.5 	(c) A peace officer may not make a warrantless, custodial
34.6 	arrest of any person for a violation of paragraph (a), clause
34.7 	(7).
34.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
34.9 	and applies to crimes committed on or after that date.

34.10 	Sec. 26. Minnesota Statutes 2004, section 609.79,
34.11 	subdivision 2, is amended to read:
34.12 		Subd. 2.Venue.  The offense may be prosecuted either at
34.13 	the place where the call is made or where it is received or,
34.14 	additionally in the case of wireless or electronic
34.15 	communication, where the sender or receiver resides.
34.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
34.17 	and applies to crimes committed on or after that date.

34.18 	Sec. 27. Minnesota Statutes 2004, section 609.795, is
34.19 	amended by adding a subdivision to read:
34.20 		Subd. 3.Venue. The offense may be prosecuted either at
34.21 	the place where the letter, telegram, or package is sent or
34.22 	received or, alternatively in the case of wireless electronic
34.23 	communication, where the sender or receiver resides.
34.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
34.25 	and applies to crimes committed on or after that date.

34.26 	Sec. 28. SENTENCING GUIDELINES; CHANGES MANDATED.
 34.27 	(a) The Sentencing Guidelines Commission shall modify the
34.28 	Sentencing Guidelines, including the guidelines grid, to reflect
34.29 	the changes made in this act.
34.30 	(b) The commission shall make the sex offender-related
34.31 	modifications to the guidelines and grid proposed in the
34.32 	commission's January 2005 report to the legislature, including
34.33 	creating a separate sex offender grid, and changing the method
34.34 	used to calculate the weights assigned to sex offenses when
34.35 	calculating an offender's criminal history.  However, the
34.36 	commission shall adapt the proposed modifications to reflect the
35.1 	restructuring of sex offense sentences under this article.
35.2 	(c) Modifications made by the commission under this section
35.3 	take effect August 1, 2005.

35.4 	EFFECTIVE DATE. This section is effective the day
35.5 	following final enactment.

35.6 	Sec. 29. REPEALER.
 35.7 	Minnesota Statutes 2004, sections 609.108, subdivision 2,
35.8 	and 609.109, subdivisions 2, 4, and 6, are repealed.

35.9 	EFFECTIVE DATE. This section is effective August 1, 2005,
35.10 	and applies to crimes committed on or after that date.

35.11 	ARTICLE 3
35.12 	SEX OFFENDER POLICY AND REVIEW BOARDS

35.13 	Section 1. Minnesota Statutes 2004, section 13.851, is
35.14 	amended by adding a subdivision to read:
35.15 		Subd. 9.Predatory offenders; minnesota sex offender
35.16 	review board. Certain data classified under this chapter are
35.17 	made accessible to the Minnesota Sex Offender Review Board under
35.18 	section 244.0515.
35.19 	
EFFECTIVE DATE. This section is effective August 1, 2005.

35.20 	Sec. 2. Minnesota Statutes 2004, section 13D.05,
35.21 	subdivision 2, is amended to read:
35.22 		Subd. 2.When meeting must be closed.  (a) Any portion of
35.23 	a meeting must be closed if expressly required by other law or
35.24 	if the following types of data are discussed:
35.25 	(1) data that would identify alleged victims or reporters
35.26 	of criminal sexual conduct, domestic abuse, or maltreatment of
35.27 	minors or vulnerable adults;
35.28 	(2) active investigative data as defined in section 13.82,
35.29 	subdivision 7, or internal affairs data relating to allegations
35.30 	of law enforcement personnel misconduct collected or created by
35.31 	a state agency, statewide system, or political subdivision; or
35.32 	(3) educational data, health data, medical data, welfare
35.33 	data, or mental health data that are not public data under
35.34 	section 13.32, 13.3805, subdivision 1, 13.384, or 13.46,
35.35 	subdivision 2 or 7.
35.36 	(b) A public body shall close one or more meetings for
36.1 	preliminary consideration of allegations or charges against an
36.2 	individual subject to its authority.  If the members conclude
36.3 	that discipline of any nature may be warranted as a result of
36.4 	those specific charges or allegations, further meetings or
36.5 	hearings relating to those specific charges or allegations held
36.6 	after that conclusion is reached must be open.  A meeting must
36.7 	also be open at the request of the individual who is the subject
36.8 	of the meeting.
36.9 	(c) The Minnesota Sex Offender Review Board authorized by
36.10 	section 244.0515 must close a meeting to deliberate whether an
36.11 	inmate's petition meets the criteria for release established by
36.12 	the board.  The board must identify the inmate whose petition
36.13 	will be deliberated.  At its next open meeting, the board shall
36.14 	summarize its deliberations regarding the inmate's petition.
36.15 	
EFFECTIVE DATE. This section is effective August 1, 2005.

36.16 	Sec. 3. [243.168] SEX OFFENDER POLICY BOARD;
36.17 	ESTABLISHMENT; MEMBERSHIP; REPORTS.
36.18 		Subdivision 1.Establishment. A Sex Offender Policy
36.19 	Board is established to develop professional standards for
36.20 	treatment of sex offenders, including uniform supervision and
36.21 	treatment guidelines.
36.22 	(a) The governor shall appoint a Sex Offender Policy Board
36.23 	to serve in an advisory capacity to the governor.  The governor
36.24 	shall appoint to the board five professionals with relevant and
36.25 	complimentary experience in treatment, law enforcement, sex
36.26 	offender assessment, and sex offender management.
36.27 	(b) Members of the board appointed by the governor serve at
36.28 	the pleasure of the governor and their terms end with the term
36.29 	of the governor.  Members of the board serve without
36.30 	compensation but may be reimbursed for reasonable expenses as
36.31 	determined by the commissioner of corrections.  Notwithstanding
36.32 	section 15.059, the board does not expire until repealed by law.
36.33 		Subd. 2.Reports to legislature. The board must submit
36.34 	reports to the legislature on the professional standards for
36.35 	treatment of sex offenders, including uniform supervision and
36.36 	treatment guidelines.
37.1 	
EFFECTIVE DATE. This section is effective July 1, 2005.

37.2 	Sec. 4. [244.0515] MINNESOTA SEX OFFENDER REVIEW BOARD.
37.3 		Subdivision 1.Definitions. As used in this section, the
37.4 	following terms have the meanings given:
37.5 	(1) "board" means the Minnesota Sex Offender Review Board;
37.6 	and 
37.7 	(2) "commissioner" means the commissioner of corrections.
37.8 		Subd. 2.Responsibilities. The board is responsible for
37.9 	making decisions regarding the release of inmates sentenced to
37.10 	life sentences under section 609.109; 609.342, subdivision 2,
37.11 	paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344,
37.12 	subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph
37.13 	(b); or 609.3453, subdivision 2, paragraph (b).
37.14 		Subd. 3.Exemption from chapter 14. (a) For the purposes
37.15 	of this section and except as provided in paragraph (b), the
37.16 	board and the commissioner are not subject to chapter 14.
37.17 	(b) The board and the commissioner may adopt rules under
37.18 	section 14.389 to implement this section.
37.19 	
EFFECTIVE DATE. This section is effective August 1, 2005.

37.20 	Sec. 5. DIRECTION TO COMMISSIONER OF CORRECTIONS.
 37.21 	(a) The commissioner of corrections shall establish
37.22 	criteria and procedures for the Minnesota Sex Offender Review
37.23 	Board established under Minnesota Statutes, section 244.0515.
37.24 	The commissioner shall develop recommendations for the
37.25 	composition, duties, procedures, and review criteria for release
37.26 	of sex offenders.  The proposed procedures and review criteria
37.27 	shall be for use by the board in making release and revocation
37.28 	decisions on offenders sentenced under Minnesota Statutes,
37.29 	section 609.109; 609.342, subdivision 2, paragraph (b); 609.343,
37.30 	subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph
37.31 	(b); 609.345, subdivision 2, paragraph (b); or 609.3453,
37.32 	subdivision 2, paragraph (b).  In establishing criteria and
37.33 	procedures, the commissioner shall seek the input of the
37.34 	end-of-confinement review committee at each state correctional
37.35 	facility and at each state treatment facility where predatory
37.36 	offenders are confined.  The commissioner also shall seek input
38.1 	from individuals knowledgeable in health and human services;
38.2 	public safety; Minnesota's sex offender treatment program;
38.3 	treatment of sex offenders; crime victim issues; criminal law;
38.4 	sentencing guidelines; law enforcement; and probation,
38.5 	supervised release, and conditional release.
38.6 	(b) By December 15, 2005, the commissioner shall submit a
38.7 	written report to the legislature containing proposed
38.8 	composition, duties, procedures, and review criteria of the
38.9 	Minnesota Sex Offender Board.  This report also must include a
38.10 	summary of the input gathered under paragraph (a).

38.11 	EFFECTIVE DATE. This section is effective the day
38.12 	following final enactment.

38.13 	Sec. 6. SUPREME COURT TASK FORCE; STUDY REQUIRED.
 38.14 		Subdivision 1.Establishment. The Minnesota Supreme
38.15 	Court is requested to establish a task force to study the use of
38.16 	the court system as an alternative to the administrative process
38.17 	of the special review board for reductions in custody and
38.18 	discharge from commitment of those persons committed as a
38.19 	sexually dangerous person or sexual psychopathic personality
38.20 	under Minnesota Statutes, section 253B.185.
38.21 		Subd. 2.Membership. The task force shall consist of the
38.22 	following:
38.23 	(1) a representative from the Supreme Court;
38.24 	(2) a court administrator;
38.25 	(3) a district court judge;
38.26 	(4) a county attorney selected by the county attorney's
38.27 	association;
38.28 	(5) a representative from the attorney general's office;
38.29 	(6) the Ombudsman for Mental Health and Mental Retardation;
38.30 	(7) a law enforcement representative;
38.31 	(8) a county case manager;
38.32 	(9) a victim services representative;
38.33 	(10) a person experienced in treating sex offenders;
38.34 	(11) a defense attorney;
38.35 	(12) the commissioner of human services or designee;
38.36 	(13) the state-operated services forensic medical director
39.1 	or designee;
39.2 	(14) the commissioner of corrections or designee;
39.3 	(15) a representative from community corrections;
39.4 	(16) a member of the special review board; and 
39.5 	(17) any other persons deemed necessary by the Minnesota
39.6 	Supreme Court.
39.7 		Subd. 3.Recommendations. The task force shall be
39.8 	convened no later than August 1, 2005.  The task force shall
39.9 	examine current law and practices relating to the reduction in
39.10 	custody and discharge of persons committed as a sexually
39.11 	dangerous person or sexual psychopathic personality.  The task
39.12 	forces shall examine the laws of other jurisdictions and shall
39.13 	make recommendations regarding reduction in custody and
39.14 	discharge procedures and release criteria.  The recommendations
39.15 	may suggest the establishment of a judicial process rather than
39.16 	the special review board to authorize a reduction in custody or
39.17 	discharge.
39.18 		Subd. 4.Report. The task force shall report to the
39.19 	chairs of the house Public Safety Policy and Finance Committee
39.20 	and the senate Crime Prevention and Public Safety Committee with
39.21 	recommendations by December 15, 2005.

39.22 	ARTICLE 4
39.23 	PREDATORY OFFENDER REGISTRY

39.24 	Section 1. Minnesota Statutes 2004, section 13.82, is
39.25 	amended by adding a subdivision to read:
39.26 		Subd. 28.Disclosure of sex offender registrant status.
 39.27 	Law enforcement agency disclosure to health facilities of the
39.28 	registrant status of a registered sex offender is governed by
39.29 	section 244.052.
39.30 	
EFFECTIVE DATE. This section is effective July 1, 2005.

39.31 	Sec. 2. Minnesota Statutes 2004, section 144A.135, is
39.32 	amended to read:
39.33 	144A.135 TRANSFER AND DISCHARGE APPEALS.
39.34 	(a) The commissioner shall establish a mechanism for
39.35 	hearing appeals on transfers and discharges of residents by
39.36 	nursing homes or boarding care homes licensed by the
40.1 	commissioner.  The commissioner may adopt permanent rules to
40.2 	implement this section.
40.3 	(b) Until federal regulations are adopted under sections
40.4 	1819(f)(3) and 1919(f)(3) of the Social Security Act that govern
40.5 	appeals of the discharges or transfers of residents from nursing
40.6 	homes and boarding care homes certified for participation in
40.7 	Medicare or medical assistance, the commissioner shall provide
40.8 	hearings under sections 14.57 to 14.62 and the rules adopted by
40.9 	the Office of Administrative Hearings governing contested
40.10 	cases.  To appeal the discharge or transfer, or notification of
40.11 	an intended discharge or transfer, a resident or the resident's
40.12 	representative must request a hearing in writing no later than
40.13 	30 days after receiving written notice, which conforms to state
40.14 	and federal law, of the intended discharge or transfer.
40.15 	(c) Hearings under this section shall be held no later than
40.16 	14 days after receipt of the request for hearing, unless
40.17 	impractical to do so or unless the parties agree otherwise.
40.18 	Hearings shall be held in the facility in which the resident
40.19 	resides, unless impractical to do so or unless the parties agree
40.20 	otherwise.
40.21 	(d) A resident who timely appeals a notice of discharge or
40.22 	transfer, and who resides in a certified nursing home or
40.23 	boarding care home, may not be discharged or transferred by the
40.24 	nursing home or boarding care home until resolution of the
40.25 	appeal.  The commissioner can order the facility to readmit the
40.26 	resident if the discharge or transfer was in violation of state
40.27 	or federal law.  If the resident is required to be hospitalized
40.28 	for medical necessity before resolution of the appeal, the
40.29 	facility shall readmit the resident unless the resident's
40.30 	attending physician documents, in writing, why the resident's
40.31 	specific health care needs cannot be met in the facility.
40.32 	(e) The commissioner and Office of Administrative Hearings
40.33 	shall conduct the hearings in compliance with the federal
40.34 	regulations described in paragraph (b), when adopted.
40.35 	(f) Nothing in this section limits the right of a resident
40.36 	or the resident's representative to request or receive
41.1 	assistance from the Office of Ombudsman for Older Minnesotans or
41.2 	the Office of Health Facility Complaints with respect to an
41.3 	intended discharge or transfer.
41.4 	(g) A person required to inform a health care facility of
41.5 	the person's status as a registered sex offender under section
41.6 	243.166, subdivision 4b, who knowingly fails to do so shall be
41.7 	deemed to have endangered the safety of individuals in the
41.8 	facility under Code of Federal Regulations, chapter 42, section
41.9 	483.12.  Notwithstanding paragraph (d), any appeal of the notice
41.10 	and discharge shall not constitute a stay of the discharge.

41.11 	EFFECTIVE DATE. This section is effective August 1, 2005.

41.12 	Sec. 3. Minnesota Statutes 2004, section 168.12, is
41.13 	amended by adding a subdivision to read:
41.14 		Subd. 2g.Predatory offenders; special plates. (a) The
41.15 	commissioner shall issue the special sex offender plates
41.16 	required under section 244.052, subdivision 4d, on payment of
41.17 	the registration tax required by law for the vehicle, compliance
41.18 	with all other applicable laws relating to registration and
41.19 	licensing of motor vehicles and drivers, and payment of an
41.20 	additional fee of $10.  The plates must be plainly marked
41.21 	"predatory offender." 
41.22 	(b) The commissioner may adjust the fees for these plates
41.23 	to recover any additional costs of issuing the plates.  The fees
41.24 	specified in this subdivision must be paid into the state
41.25 	treasury and deposited in the highway user tax distribution fund.
41.26 	(c) The commissioner may adopt rules governing the design,
41.27 	issuance, and sale of the special plates authorized by this
41.28 	subdivision.
41.29 	(d) A person required to obtain special plates under this
41.30 	subdivision is not eligible to obtain any other special plates
41.31 	under this chapter.
41.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
41.33 	and applies to all persons currently required to register as
41.34 	level III predatory offenders and those who are required to do
41.35 	so on or after this date.

41.36 	Sec. 4. Minnesota Statutes 2004, section 171.07,
42.1 	subdivision 1, is amended to read:
42.2 		Subdivision 1.License; contents.  (a) Upon the payment
42.3 	of the required fee, the department shall issue to every
42.4 	qualifying applicant a license designating the type or class of
42.5 	vehicles the applicant is authorized to drive as applied for.
42.6 	This license must bear a distinguishing number assigned to the
42.7 	licensee, the full name, date of birth, residence address and
42.8 	permanent mailing address if different, a description of the
42.9 	licensee in a manner as the commissioner deems necessary, and
42.10 	the usual signature of the licensee.  No license is valid unless
42.11 	it bears the usual signature of the licensee.  Every license
42.12 	must bear a colored photograph or an electronically produced
42.13 	image of the licensee.
42.14 	(b) Every license issued to an applicant under the age of
42.15 	21 must be of a distinguishing color and plainly marked
42.16 	"Under-21."
42.17 	(c) The department shall use processes in issuing a license
42.18 	that prohibit, as nearly as possible, the ability to alter or
42.19 	reproduce a license, or prohibit the ability to superimpose a
42.20 	photograph or electronically produced image on a license,
42.21 	without ready detection.
42.22 	(d) A license issued to an applicant age 65 or over must be
42.23 	plainly marked "senior" if requested by the applicant.
42.24 	(e) A license issued to an applicant required to register
42.25 	as a risk level III predatory offender under section 244.052,
42.26 	must be plainly marked "predatory offender."  The commissioner
42.27 	may adjust the fees for licenses issued under this paragraph to
42.28 	recover any additional costs of issuing the licenses.
42.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
42.30 	and applies to all persons currently required to register as
42.31 	level III predatory offenders and those who are required to do
42.32 	so on or after this date.

42.33 	Sec. 5. Minnesota Statutes 2004, section 171.07,
42.34 	subdivision 3, is amended to read:
42.35 		Subd. 3.Identification card; fee.  (a) Upon payment of
42.36 	the required fee, the department shall issue to every qualifying
43.1 	applicant a Minnesota identification card.  The department may
43.2 	not issue a Minnesota identification card to a person who has a
43.3 	driver's license, other than a limited license.  The card must
43.4 	bear a distinguishing number assigned to the applicant; a
43.5 	colored photograph or an electronically produced image of the
43.6 	applicant; the applicant's full name, date of birth, and
43.7 	residence address; a description of the applicant in the manner
43.8 	as the commissioner deems necessary; and the usual signature of
43.9 	the applicant.
43.10 	(b) Each identification card issued to an applicant under
43.11 	the age of 21 must be of a distinguishing color and plainly
43.12 	marked "Under-21."
43.13 	(c) Each Minnesota identification card must be plainly
43.14 	marked "Minnesota identification card - not a driver's license."
43.15 	(d) The fee for a Minnesota identification card is 50 cents
43.16 	when issued to a person who is mentally retarded, as defined in
43.17 	section 252A.02, subdivision 2; a physically disabled person, as
43.18 	defined in section 169.345, subdivision 2; or, a person with
43.19 	mental illness, as described in section 245.462, subdivision 20,
43.20 	paragraph (c).
43.21 	(e) Each Minnesota identification card issued to an
43.22 	applicant required to register as a risk level III predatory
43.23 	offender under section 244.052, must be plainly marked
43.24 	"predatory offender."  The commissioner may adjust the fees for
43.25 	identification cards issued under this paragraph to recover any
43.26 	additional costs of issuing the identification cards.
43.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
43.28 	and applies to all persons currently required to register as
43.29 	level III predatory offenders and those who are required to do
43.30 	so on or after this date.

43.31 	Sec. 6. Minnesota Statutes 2004, section 243.166, is
43.32 	amended to read:
43.33 	243.166 REGISTRATION OF PREDATORY OFFENDERS.
43.34 		Subdivision 1.Registration required. (a) A person shall
43.35 	register under this section if:
43.36 	(1) the person was charged with or petitioned for a felony
44.1 	violation of or attempt to violate any of the following, and
44.2 	convicted of or adjudicated delinquent for that offense or
44.3 	another offense arising out of the same set of circumstances:
44.4 	(i) murder under section 609.185, clause (2); or 
44.5 	(ii) kidnapping under section 609.25; or 
44.6 	(iii) criminal sexual conduct under section 609.342;
44.7 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
44.8 	(iv) indecent exposure under section 617.23, subdivision 3;
44.9 	or 
44.10 	(2) the person was charged with or petitioned for falsely
44.11 	imprisoning a minor in violation of section 609.255, subdivision
44.12 	2; soliciting a minor to engage in prostitution in violation of
44.13 	section 609.322 or 609.324; soliciting a minor to engage in
44.14 	sexual conduct in violation of section 609.352; using a minor in
44.15 	a sexual performance in violation of section 617.246; or
44.16 	possessing pornographic work involving a minor in violation of
44.17 	section 617.247, and convicted of or adjudicated delinquent for
44.18 	that offense or another offense arising out of the same set of
44.19 	circumstances; or 
44.20 	(3) the person was convicted of a predatory crime as
44.21 	defined in section 609.108, and the offender was sentenced as a
44.22 	patterned sex offender or the court found on its own motion or
44.23 	that of the prosecutor that the crime was part of a predatory
44.24 	pattern of behavior that had criminal sexual conduct as its
44.25 	goal; or 
44.26 	(4) the person was convicted of or adjudicated delinquent
44.27 	for, including pursuant to a court martial, violating a law of
44.28 	the United States, including the Uniform Code of Military
44.29 	Justice, similar to the offenses described in clause (1), (2),
44.30 	or (3).
44.31 	(b) A person also shall register under this section if:
44.32 	(1) the person was convicted of or adjudicated delinquent
44.33 	in another state for an offense that would be a violation of a
44.34 	law described in paragraph (a) if committed in this state;
44.35 	(2) the person enters the state to reside, or to work or
44.36 	attend school; and 
45.1 	(3) ten years have not elapsed since the person was
45.2 	released from confinement or, if the person was not confined,
45.3 	since the person was convicted of or adjudicated delinquent for
45.4 	the offense that triggers registration, unless the person is
45.5 	subject to lifetime registration, in which case the person must
45.6 	register for life regardless of when the person was released
45.7 	from confinement, convicted, or adjudicated delinquent.
45.8 	For purposes of this paragraph:
45.9 	(i) "school" includes any public or private educational
45.10 	institution, including any secondary school, trade or
45.11 	professional institution, or institution of higher education,
45.12 	that the person is enrolled in on a full-time or part-time
45.13 	basis; and 
45.14 	(ii) "work" includes employment that is full time or part
45.15 	time for a period of time exceeding 14 days or for an aggregate
45.16 	period of time exceeding 30 days during any calendar year,
45.17 	whether financially compensated, volunteered, or for the purpose
45.18 	of government or educational benefit.
45.19 	(c) A person also shall register under this section if the
45.20 	person was committed pursuant to a court commitment order under
45.21 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
45.22 	a similar law of another state or the United States, regardless
45.23 	of whether the person was convicted of any offense.
45.24 	(d) A person also shall register under this section if:
45.25 	(1) the person was charged with or petitioned for a felony
45.26 	violation or attempt to violate any of the offenses listed in
45.27 	paragraph (a), clause (1), or a similar law of another state or
45.28 	the United States, or the person was charged with or petitioned
45.29 	for a violation of any of the offenses listed in paragraph (a),
45.30 	clause (2), or a similar law of another state or the United
45.31 	States;
45.32 	(2) the person was found not guilty by reason of mental
45.33 	illness or mental deficiency after a trial for that offense, or
45.34 	found guilty but mentally ill after a trial for that offense, in
45.35 	states with a guilty but mentally ill verdict; and 
45.36 	(3) the person was committed pursuant to a court commitment
46.1 	order under section 253B.18 or a similar law of another state or
46.2 	the United States.
46.3 		Subd. 1a.Definitions. (a) As used in this section,
46.4 	unless the context clearly indicates otherwise, the following
46.5 	terms have the meanings given them.
46.6 	(b) "Bureau" means the Bureau of Criminal Apprehension.
46.7 	(c) "Dwelling" means the building where the person lives
46.8 	under a formal or informal agreement to do so.
46.9 	(d) "Incarceration" and "confinement" do not include
46.10 	electronic home monitoring.
46.11 	(e) "Law enforcement authority" or "authority" means, with
46.12 	respect to a home rule charter or statutory city, the chief of
46.13 	police, and with respect to an unincorporated area, the county
46.14 	sheriff.
46.15 	(f) "Motor vehicle" has the meaning given in section
46.16 	169.01, subdivision 2.
46.17 	(g) "Primary address" means the mailing address of the
46.18 	person's dwelling.  If the mailing address is different from the
46.19 	actual location of the dwelling, primary address also includes
46.20 	the physical location of the dwelling described with as much
46.21 	specificity as possible.
46.22 	(h) "School" includes any public or private educational
46.23 	institution, including any secondary school, trade, or
46.24 	professional institution, or institution of higher education,
46.25 	that the person is enrolled in on a full-time or part-time basis.
46.26 	(i) "Secondary address" means the mailing address of any
46.27 	place where the person regularly or occasionally stays overnight
46.28 	when not staying at the person's primary address.  If the
46.29 	mailing address is different from the actual location of the
46.30 	place, secondary address also includes the physical location of
46.31 	the place described with as much specificity as possible.
46.32 	(j) "Treatment facility" means a residential facility, as
46.33 	defined in section 244.052, subdivision 1, and residential
46.34 	chemical dependency treatment programs and halfway houses
46.35 	licensed under chapter 245A, including, but not limited to,
46.36 	those facilities directly or indirectly assisted by any
47.1 	department or agency of the United States.
47.2 	(k) "Work" includes employment that is full time or part
47.3 	time for a period of time exceeding 14 days or for an aggregate
47.4 	period of time exceeding 30 days during any calendar year,
47.5 	whether financially compensated, volunteered, or for the purpose
47.6 	of government or educational benefit.
47.7 		Subd. 1b.Registration required. (a) A person shall
47.8 	register under this section if:
47.9 	(1) the person was charged with or petitioned for a felony
47.10 	violation of or attempt to violate, or aiding, abetting, or
47.11 	conspiracy to commit, any of the following, and convicted of or
47.12 	adjudicated delinquent for that offense or another offense
47.13 	arising out of the same set of circumstances:
47.14 	(i) murder under section 609.185, clause (2);
47.15 	(ii) kidnapping under section 609.25;
47.16 	(iii) criminal sexual conduct under section 609.342;
47.17 	609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
47.18 	or 
47.19 	(iv) indecent exposure under section 617.23, subdivision 3;
47.20 	(2) the person was charged with or petitioned for a
47.21 	violation of, or attempt to violate, or aiding, abetting, or
47.22 	conspiracy to commit false imprisonment in violation of section
47.23 	609.255, subdivision 2; soliciting a minor to engage in
47.24 	prostitution in violation of section 609.322 or 609.324;
47.25 	soliciting a minor to engage in sexual conduct in violation of
47.26 	section 609.352; using a minor in a sexual performance in
47.27 	violation of section 617.246; or possessing pornographic work
47.28 	involving a minor in violation of section 617.247, and convicted
47.29 	of or adjudicated delinquent for that offense or another offense
47.30 	arising out of the same set of circumstances;
47.31 	(3) the person was sentenced as a patterned sex offender
47.32 	under section 609.108; or 
47.33 	(4) the person was convicted of or adjudicated delinquent
47.34 	for, including pursuant to a court martial, violating a law of
47.35 	the United States, including the Uniform Code of Military
47.36 	Justice, similar to the offenses described in clause (1), (2),
48.1 	or (3).
48.2 	(b) A person also shall register under this section if:
48.3 	(1) the person was convicted of or adjudicated delinquent
48.4 	in another state for an offense that would be a violation of a
48.5 	law described in paragraph (a) if committed in this state;
48.6 	(2) the person enters this state to reside, work, or attend
48.7 	school, or enters this state and remains for 14 days or longer;
48.8 	and 
48.9 	(3) ten years have not elapsed since the person was
48.10 	released from confinement or, if the person was not confined,
48.11 	since the person was convicted of or adjudicated delinquent for
48.12 	the offense that triggers registration, unless the person is
48.13 	subject to lifetime registration, in which case the person shall
48.14 	register for life regardless of when the person was released
48.15 	from confinement, convicted, or adjudicated delinquent.
48.16 	(c) A person also shall register under this section if the
48.17 	person was committed pursuant to a court commitment order under
48.18 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
48.19 	a similar law of another state or the United States, regardless
48.20 	of whether the person was convicted of any offense.
48.21 	(d) A person also shall register under this section if:
48.22 	(1) the person was charged with or petitioned for a felony
48.23 	violation or attempt to violate any of the offenses listed in
48.24 	paragraph (a), clause (1), or a similar law of another state or
48.25 	the United States, or the person was charged with or petitioned
48.26 	for a violation of any of the offenses listed in paragraph (a),
48.27 	clause (2), or a similar law of another state or the United
48.28 	States;
48.29 	(2) the person was found not guilty by reason of mental
48.30 	illness or mental deficiency after a trial for that offense, or
48.31 	found guilty but mentally ill after a trial for that offense, in
48.32 	states with a guilty but mentally ill verdict; and 
48.33 	(3) the person was committed pursuant to a court commitment
48.34 	order under section 253B.18 or a similar law of another state or
48.35 	the United States.
48.36 		Subd. 2.Notice. When a person who is required to
49.1 	register under subdivision 1 1b, paragraph (a), is sentenced or
49.2 	becomes subject to a juvenile court disposition order, the court
49.3 	shall tell the person of the duty to register under this section
49.4 	and that, if the person fails to comply with the registration
49.5 	requirements, information about the offender may be made
49.6 	available to the public through electronic, computerized, or
49.7 	other accessible means.  The court may not modify the person's
49.8 	duty to register in the pronounced sentence or disposition
49.9 	order.  The court shall require the person to read and sign a
49.10 	form stating that the duty of the person to register under this
49.11 	section has been explained.  The court shall forward the signed
49.12 	sex offender registration form, the complaint, and sentencing
49.13 	documents to the bureau of Criminal Apprehension.  If a person
49.14 	required to register under subdivision 1 1b, paragraph (a), was
49.15 	not notified by the court of the registration requirement at the
49.16 	time of sentencing or disposition, the assigned corrections
49.17 	agent shall notify the person of the requirements of this
49.18 	section.  When a person who is required to register under
49.19 	subdivision 1 1b, paragraph (c) or (d), is released from
49.20 	commitment, the treatment facility shall notify the person of
49.21 	the requirements of this section.  The treatment facility shall
49.22 	also obtain the registration information required under this
49.23 	section and forward it to the bureau of Criminal Apprehension.
49.24 		Subd. 3.Registration procedure. (a) Except as provided
49.25 	in subdivision 3a,a person required to register under this
49.26 	section shall register with the corrections agent as soon as the
49.27 	agent is assigned to the person.  If the person does not have an
49.28 	assigned corrections agent or is unable to locate the assigned
49.29 	corrections agent, the person shall register with the law
49.30 	enforcement agency authority that has jurisdiction in the area
49.31 	of the person's residence primary address.
49.32 	(b) Except as provided in subdivision 3a,at least five
49.33 	days before the person starts living at a new primary address,
49.34 	including living in another state, the person shall give written
49.35 	notice of the new primary living address to the assigned
49.36 	corrections agent or to the law enforcement authority with which
50.1 	the person currently is registered.  If the person will be
50.2 	living in a new state and that state has a registration
50.3 	requirement, the person shall also give written notice of the
50.4 	new address to the designated registration agency in the new
50.5 	state.  A person required to register under this section shall
50.6 	also give written notice to the assigned corrections agent or to
50.7 	the law enforcement authority that has jurisdiction in the area
50.8 	of the person's residence primary address that the person is no
50.9 	longer living or staying at an address, immediately after the
50.10 	person is no longer living or staying at that address.  The
50.11 	corrections agent or law enforcement authority shall, within two
50.12 	business days after receipt of this information, forward it to
50.13 	the bureau of Criminal Apprehension.  The bureau of Criminal
50.14 	Apprehension shall, if it has not already been done, notify the
50.15 	law enforcement authority having primary jurisdiction in the
50.16 	community where the person will live of the new address.  If the
50.17 	person is leaving the state, the bureau of Criminal Apprehension 
50.18 	shall notify the registration authority in the new state of the
50.19 	new address. If the person's obligation to register arose under
50.20 	subdivision 1, paragraph (b),The person's registration
50.21 	requirements under this section terminate when after the person
50.22 	begins living in the new state and the bureau has confirmed the
50.23 	address in the other state through the annual verification
50.24 	process on at least one occasion.
50.25 	(c) A person required to register under subdivision 1 1b,
50.26 	paragraph (b), because the person is working or attending school
50.27 	in Minnesota shall register with the law enforcement
50.28 	agency authority that has jurisdiction in the area where the
50.29 	person works or attends school.  In addition to other
50.30 	information required by this section, the person shall provide
50.31 	the address of the school or of the location where the person is
50.32 	employed.  A person must shall comply with this paragraph within
50.33 	five days of beginning employment or school.  A person's
50.34 	obligation to register under this paragraph terminates when the
50.35 	person is no longer working or attending school in Minnesota.
50.36 	(d) A person required to register under this section who
51.1 	works or attends school outside of Minnesota shall register as a
51.2 	predatory offender in the state where the person works or
51.3 	attends school.  The person's corrections agent, or if the
51.4 	person does not have an assigned corrections agent, the law
51.5 	enforcement authority that has jurisdiction in the area of the
51.6 	person's residence primary address shall notify the person of
51.7 	this requirement.
51.8 		Subd. 3a.Registration procedure when person lacks
51.9 	primary address. (a) If a person leaves a primary address and
51.10 	does not have a new primary address, the person shall register
51.11 	with the law enforcement authority that has jurisdiction in the
51.12 	area where the person is staying within 24 hours of the time the
51.13 	person no longer has a primary address.
51.14 	(b) A person who lacks a primary address shall register
51.15 	with the law enforcement authority that has jurisdiction in the
51.16 	area where the person is staying within 24 hours after entering
51.17 	the jurisdiction.  Each time a person who lacks a primary
51.18 	address moves to a new jurisdiction without acquiring a new
51.19 	primary address, the person shall register with the law
51.20 	enforcement authority that has jurisdiction in the area where
51.21 	the person is staying within 24 hours after entering the
51.22 	jurisdiction.
51.23 	(c) Upon registering under this subdivision, the person
51.24 	shall provide the law enforcement authority with all of the
51.25 	information the individual is required to provide under
51.26 	subdivision 4a.  However, instead of reporting the person's
51.27 	primary address, the person shall describe the location of where
51.28 	the person is staying with as much specificity as possible.
51.29 	(d) Except as otherwise provided in paragraph (e), if a
51.30 	person continues to lack a primary address, the person shall
51.31 	report in person on a weekly basis to the law enforcement
51.32 	authority with jurisdiction in the area where the person is
51.33 	staying.  This weekly report shall occur between the hours of
51.34 	9:00 a.m. and 5:00 p.m.  The person is not required to provide
51.35 	the registration information required under subdivision 4a each
51.36 	time the offender reports to an authority, but the person shall
52.1 	inform the authority of changes to any information provided
52.2 	under this subdivision or subdivision 4a and shall otherwise
52.3 	comply with this subdivision.
52.4 	(e) If the law enforcement authority determines that it is
52.5 	impractical, due to the person's unique circumstances, to
52.6 	require a person lacking a primary address to report weekly and
52.7 	in person as required under paragraph (d), the authority may
52.8 	authorize the person to follow an alternative reporting
52.9 	procedure.  The authority shall consult with the person's
52.10 	corrections agent, if the person has one, in establishing the
52.11 	specific criteria of this alternative procedure, subject to the
52.12 	following requirements:
52.13 	(1) the authority shall document, in the person's
52.14 	registration record, the specific reasons why the weekly
52.15 	in-person reporting process is impractical for the person to
52.16 	follow;
52.17 	(2) the authority shall explain how the alternative
52.18 	reporting procedure furthers the public safety objectives of
52.19 	this section;
52.20 	(3) the authority shall require the person lacking a
52.21 	primary address to report in person at least monthly to the
52.22 	authority or the person's corrections agent and shall specify
52.23 	the location where the person shall report.  If the authority
52.24 	determines it would be more practical and would further public
52.25 	safety for the person to report to another law enforcement
52.26 	authority with jurisdiction where the person is staying, it may,
52.27 	after consulting with the other law enforcement authority,
52.28 	include this requirement in the person's alternative reporting
52.29 	process;
52.30 	(4) the authority shall require the person to comply with
52.31 	the weekly, in-person reporting process required under paragraph
52.32 	(d), if the person moves to a new area where this process would
52.33 	be practical;
52.34 	(5) the authority shall require the person to report any
52.35 	changes to the registration information provided under
52.36 	subdivision 4a and to comply with the periodic registration
53.1 	requirements specified under paragraph (f); and 
53.2 	(6) the authority shall require the person to comply with
53.3 	the requirements of subdivision 3, paragraphs (b) and (c), if
53.4 	the person moves to a primary address.
53.5 	(f) If a person continues to lack a primary address and
53.6 	continues to report to the same law enforcement authority, the
53.7 	person shall provide the authority with all of the information
53.8 	the individual is required to provide under this subdivision and
53.9 	subdivision 4a at least annually, unless the person is required
53.10 	to register under subdivision 1b, paragraph (c), following
53.11 	commitment pursuant to a court commitment under section 253B.185
53.12 	or a similar law of another state or the United States.  If the
53.13 	person is required to register under subdivision 1b, paragraph
53.14 	(c), the person shall provide the law enforcement authority with
53.15 	all of the information the individual is required to report
53.16 	under this subdivision and subdivision 4a at least once every
53.17 	three months.
53.18 	(g) A law enforcement authority receiving information under
53.19 	this subdivision shall forward registration information and
53.20 	changes to that information to the bureau within two business
53.21 	days of receipt of the information.
53.22 	(h) For purposes of this subdivision, a person who fails to
53.23 	report a primary address will be deemed to be a person who lacks
53.24 	a primary address, and the person shall comply with the
53.25 	requirements for a person who lacks a primary address.
53.26 		Subd. 4.Contents of registration. (a) The registration
53.27 	provided to the corrections agent or law enforcement authority,
53.28 	must consist of a statement in writing signed by the person,
53.29 	giving information required by the bureau of Criminal
53.30 	Apprehension, a fingerprint card, and photograph of the person
53.31 	taken at the time of the person's release from incarceration or,
53.32 	if the person was not incarcerated, at the time the person
53.33 	initially registered under this section.  The registration
53.34 	information also must include a written consent form signed by
53.35 	the person allowing a treatment facility or residential housing
53.36 	unit or shelter to release information to a law enforcement
54.1 	officer about the person's admission to, or residence in, a
54.2 	treatment facility or residential housing unit or shelter.
54.3 	Registration information on adults and juveniles may be
54.4 	maintained together notwithstanding section 260B.171,
54.5 	subdivision 3.
54.6 	(b) For persons required to register under subdivision 1 
54.7 	1b, paragraph (c), following commitment pursuant to a court
54.8 	commitment under section 253B.185 or a similar law of another
54.9 	state or the United States, in addition to other information
54.10 	required by this section, the registration provided to the
54.11 	corrections agent or law enforcement authority must include the
54.12 	person's offense history and documentation of treatment received
54.13 	during the person's commitment.  This documentation shall be is 
54.14 	limited to a statement of how far the person progressed in
54.15 	treatment during commitment.
54.16 	(c) Within three days of receipt, the corrections agent or
54.17 	law enforcement authority shall forward the registration
54.18 	information to the bureau of Criminal Apprehension.  The bureau
54.19 	shall ascertain whether the person has registered with the law
54.20 	enforcement authority where the person resides in the area of
54.21 	the person's primary address, if any, or if the person lacks a
54.22 	primary address, where the person is staying, as required by
54.23 	subdivision 3a.  If the person has not registered with the law
54.24 	enforcement authority, the bureau shall send one copy to that
54.25 	authority.
54.26 	(d) The corrections agent or law enforcement authority may
54.27 	require that a person required to register under this section
54.28 	appear before the agent or authority to be photographed.  The
54.29 	agent or authority shall forward the photograph to the bureau of
54.30 	Criminal Apprehension.
54.31 	The agent or authority shall require a person required to
54.32 	register under this section who is classified as a level III
54.33 	offender under section 244.052 to appear before the agent or
54.34 	authority at least every six months to be photographed.
54.35 	(e) During the period a person is required to register
54.36 	under this section, the following shall provisions apply:
55.1 	(1) Except for persons registering under subdivision 3a,
55.2 	the bureau of Criminal Apprehension shall mail a verification
55.3 	form to the last reported address of the person's residence last
55.4 	reported primary address.  This verification form shall must 
55.5 	provide notice to the offender that, if the offender does not
55.6 	return the verification form as required, information about the
55.7 	offender may be made available to the public through electronic,
55.8 	computerized, or other accessible means. For persons who are
55.9 	registered under subdivision 3a, the bureau shall mail an annual
55.10 	verification form to the law enforcement authority where the
55.11 	offender most recently reported.  The authority shall provide
55.12 	the verification form to the person at the next weekly meeting
55.13 	and ensure that the person completes and signs the form and
55.14 	returns it to the bureau.
55.15 	(2) The person shall mail the signed verification form back
55.16 	to the bureau of Criminal Apprehension within ten days after
55.17 	receipt of the form, stating on the form the current and last
55.18 	address of the person's residence and the other information
55.19 	required under subdivision 4a.
55.20 	(3) In addition to the requirements listed in this section,
55.21 	a person who is assigned to risk level II or III under section
55.22 	244.052, and who is no longer under correctional supervision for
55.23 	a registration offense, or a failure to register offense, but
55.24 	who resides, works, or attends school in Minnesota, shall have
55.25 	an annual in-person contact with a law enforcement authority as
55.26 	provided in this section.  If the person resides in Minnesota,
55.27 	the annual in-person contact shall be with the law enforcement
55.28 	authority that has jurisdiction over the person's primary
55.29 	address or, if the person has no address, the location where the
55.30 	person is staying.  If the person does not reside in Minnesota
55.31 	but works or attends school in this state, the person shall have
55.32 	an annual in-person contact with the law enforcement authority
55.33 	or authorities with jurisdiction over the person's school or
55.34 	workplace.  During the month of the person's birth date, the
55.35 	person shall report to the authority to verify the accuracy of
55.36 	the registration information and to be photographed.  Within
56.1 	three days of this contact, the authority shall enter
56.2 	information as required by the bureau into the predatory
56.3 	offender registration database and submit an updated photograph
56.4 	of the person to the bureau's predatory offender registration
56.5 	unit.
56.6 	(4) If the person fails to mail the completed and signed
56.7 	verification form to the bureau of Criminal Apprehension within
56.8 	ten days after receipt of the form, or if the person fails to
56.9 	report to the law enforcement authority during the month of the
56.10 	person's birth date,the person shall be is in violation of this
56.11 	section.
56.12 	(5) For any person who fails to mail the completed and
56.13 	signed verification form to the bureau within ten days after
56.14 	receipt of the form and who has been determined to be a risk
56.15 	level III offender under section 244.052, the bureau shall
56.16 	immediately investigate and notify local law enforcement
56.17 	authorities to investigate the person's location and to ensure
56.18 	compliance with this section.  The bureau also shall immediately
56.19 	give notice of the person's violation of this section to the law
56.20 	enforcement authority having jurisdiction over the person's last
56.21 	registered address or addresses.
56.22 	For persons required to register under subdivision 1 1b,
56.23 	paragraph (c), following commitment pursuant to a court
56.24 	commitment under section 253B.185 or a similar law of another
56.25 	state or the United States, the bureau shall comply with clause
56.26 	(1) at least four times each year. For persons who, under
56.27 	section 244.052, are assigned to risk level III and who are no
56.28 	longer under correctional supervision for a registration offense
56.29 	or a failure to register offense, the bureau shall comply with
56.30 	clause (1) at least two times each year.For all other persons
56.31 	required to register under this section, the bureau shall comply
56.32 	with clause (1) each year within 30 days of the anniversary date
56.33 	of the person's initial registration.
56.34 	(f) When sending out a verification form, the bureau of
56.35 	Criminal Apprehension must shall determine whether the person to
56.36 	whom the verification form is being sent has signed a written
57.1 	consent form as provided for in paragraph (a).  If the person
57.2 	has not signed such a consent form, the bureau of Criminal
57.3 	Apprehension must shall send a written consent form to the
57.4 	person along with the verification form.  A person who receives
57.5 	this written consent form must shall sign and return it to the
57.6 	bureau of Criminal Apprehension at the same time as the
57.7 	verification form.
57.8 	(g) For the purposes of this subdivision, "treatment
57.9 	facility" means a residential facility, as defined in section
57.10 	244.052, subdivision 1, and residential chemical dependency
57.11 	treatment programs and halfway houses licensed under chapter
57.12 	245A, including, but not limited to, those facilities directly
57.13 	or indirectly assisted by any department or agency of the United
57.14 	States.
57.15 		Subd. 4a.Information required to be provided. (a) As
57.16 	used in this section:
57.17 	(1) "motor vehicle" has the meaning given "vehicle" in
57.18 	section 169.01, subdivision 2;
57.19 	(2) "primary residence" means any place where the person
57.20 	resides longer than 14 days or that is deemed a primary
57.21 	residence by a person's corrections agent, if one is assigned to
57.22 	the person; and 
57.23 	(3) "secondary residence" means any place where the person
57.24 	regularly stays overnight when not staying at the person's
57.25 	primary residence, and includes, but is not limited to:
57.26 	(i) the person's parent's home if the person is a student
57.27 	and stays at the home at times when the person is not staying at
57.28 	school, including during the summer; and 
57.29 	(ii) the home of someone with whom the person has a minor
57.30 	child in common where the child's custody is shared.
57.31 	(b) A person required to register under this section shall
57.32 	provide to the corrections agent or law enforcement authority
57.33 	the following information:
57.34 	(1) the address of the person's primary residence address;
57.35 	(2) the addresses of all of the person's secondary
57.36 	residences addresses in Minnesota, including all addresses used
58.1 	for residential or recreational purposes;
58.2 	(3) the addresses of all Minnesota property owned, leased,
58.3 	or rented by the person;
58.4 	(4) the addresses of all locations where the person is
58.5 	employed;
58.6 	(5) the addresses of all residences schools where the
58.7 	person resides while attending school is enrolled; and
58.8 	(6) the year, model, make, license plate number, and color
58.9 	of all motor vehicles owned or regularly driven by the person.
58.10 	(c) (b) The person shall report to the agent or authority
58.11 	the information required to be provided under paragraph (b) (a),
58.12 	clauses (2) to (6), within five days of the date the clause
58.13 	becomes applicable.  If because of a change in circumstances any
58.14 	information reported under paragraph (b) (a), clauses (1) to
58.15 	(6), no longer applies, the person shall immediately inform the
58.16 	agent or authority that the information is no longer valid. If
58.17 	the person leaves a primary address and does not have a new
58.18 	primary address, the person shall register as provided in
58.19 	subdivision 3a.
58.20 		Subd. 4b.Health care facility; notice of status. (a)
58.21 	Upon admission to a health care facility, a person required to
58.22 	register under this section shall immediately disclose to:
58.23 	(1) the health care facility employee processing the
58.24 	admission, the person's status as a registered sex offender
58.25 	under this section;
58.26 	(2) the person's supervision agent, if the person is under
58.27 	supervision at the time of admission, that inpatient admission
58.28 	has occurred; and 
58.29 	(3) the law enforcement authority with whom the person
58.30 	registers, if the person is subject to registration under this
58.31 	section, that inpatient admission has occurred.
58.32 	(b) "Health care facility" means a hospital or other entity
58.33 	licensed under sections 144.50 to 144.58, nursing facilities
58.34 	certified for participation in the federal Medicare or Medicaid
58.35 	programs and licensed as a nursing home under chapter 144A, a
58.36 	boarding care home under sections 144.50 to 144.56, or a group
59.1 	residential housing facility or an intermediate care facility
59.2 	for the mentally retarded licensed under chapter 245A.
59.3 	(c) A person required to inform persons or entities under
59.4 	paragraph (a), clauses (1) to (3), of the person's status as a
59.5 	registered sex offender, who knowingly fails to provide this
59.6 	information to the persons or entities, is guilty of a felony
59.7 	and may be sentenced to imprisonment for not more than five
59.8 	years or to payment of a fine of not more than $10,000, or both.
59.9 		Subd. 4c.Health care facility; law enforcement
59.10 	notification duty. A law enforcement authority or corrections
59.11 	agent shall notify the administrator of a health care facility,
59.12 	as defined in subdivision 4b, as soon as it comes to the
59.13 	attention of the authority or agent that a person required to
59.14 	register under this section has been admitted and is receiving
59.15 	health care at the facility.
59.16 		Subd. 5.Criminal penalty. (a) A person required to
59.17 	register under this section who knowingly violates any of its
59.18 	provisions or intentionally provides false information to a
59.19 	corrections agent, law enforcement authority, or the bureau of
59.20 	Criminal Apprehension is guilty of a felony and may be sentenced
59.21 	to imprisonment for not more than five years or to payment of a
59.22 	fine of not more than $10,000, or both.
59.23 	(b) Except as provided in paragraph (c), a person convicted
59.24 	of violating paragraph (a) shall be committed to the custody of
59.25 	the commissioner of corrections for not less than a year and a
59.26 	day, nor more than five years.
59.27 	(c) A person convicted of violating paragraph (a), who has
59.28 	previously been convicted of or adjudicated delinquent for
59.29 	violating this section or a similar statute of another state or
59.30 	the United States, shall be committed to the custody of the
59.31 	commissioner of corrections for not less than two years, nor
59.32 	more than five years.
59.33 	(d) Prior to the time of sentencing, the prosecutor may
59.34 	file a motion to have the person sentenced without regard to the
59.35 	mandatory minimum sentence established by this subdivision.  The
59.36 	motion shall must be accompanied by a statement on the record of
60.1 	the reasons for it.  When presented with the motion, or on its
60.2 	own motion, the court may sentence the person without regard to
60.3 	the mandatory minimum sentence if the court finds substantial
60.4 	and compelling reasons to do so.  Sentencing a person in the
60.5 	manner described in this paragraph is a departure from the
60.6 	Sentencing Guidelines.
60.7 	(e) A person convicted and sentenced as required by this
60.8 	subdivision is not eligible for probation, parole, discharge,
60.9 	work release, conditional release,or supervised release, until
60.10 	that person has served the full term of imprisonment as provided
60.11 	by law, notwithstanding the provisions of sections 241.26,
60.12 	242.19, 243.05, 244.04, 609.12, and 609.135.
60.13 		Subd. 6.Registration period. (a) Notwithstanding the
60.14 	provisions of section 609.165, subdivision 1, and except as
60.15 	provided in paragraphs (b), (c), and (d), a person required to
60.16 	register under this section shall continue to comply with this
60.17 	section until ten years have elapsed since the person initially
60.18 	registered in connection with the offense, or until the
60.19 	probation, supervised release, or conditional release period
60.20 	expires, whichever occurs later.  For a person required to
60.21 	register under this section who is committed under section
60.22 	253B.18 or 253B.185, the ten-year registration period does not
60.23 	include the period of commitment.
60.24 	(b) If a person required to register under this section
60.25 	fails to register following a change in residence provide the
60.26 	person's primary address as required by subdivision 3, paragraph
60.27 	(b), fails to comply with the requirements of subdivision 3a,
60.28 	fails to provide information as required by subdivision 4a, or
60.29 	fails to return the verification form referenced in subdivision
60.30 	4 within ten days, the commissioner of public safety may require
60.31 	the person to continue to register for an additional period of
60.32 	five years.  This five-year period is added to the end of the
60.33 	offender's registration period.
60.34 	(c) If a person required to register under this section is
60.35 	subsequently incarcerated following a conviction for a new
60.36 	offense or following a revocation of probation, supervised
61.1 	release, or conditional release for that any offense, or a
61.2 	conviction for any new offense, the person shall continue to
61.3 	register until ten years have elapsed since the person was last
61.4 	released from incarceration or until the person's probation,
61.5 	supervised release, or conditional release period expires,
61.6 	whichever occurs later.
61.7 	(d) A person shall continue to comply with this section for
61.8 	the life of that person:
61.9 	(1) if the person is convicted of or adjudicated delinquent
61.10 	for any offense for which registration is required under
61.11 	subdivision 1 1b, or any offense from another state or any
61.12 	federal offense similar to the offenses described in subdivision
61.13 	1 1b, and the person has a prior conviction or adjudication for
61.14 	an offense for which registration was or would have been
61.15 	required under subdivision 1 1b, or an offense from another
61.16 	state or a federal offense similar to an offense described in
61.17 	subdivision 1 1b;
61.18 	(2) if the person is required to register based upon a
61.19 	conviction or delinquency adjudication for an offense under
61.20 	section 609.185, clause (2), or a similar statute from another
61.21 	state or the United States;
61.22 	(3) if the person is required to register based upon a
61.23 	conviction for an offense under section 609.342, subdivision 1,
61.24 	paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
61.25 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
61.26 	subdivision 1, paragraph (a), (c), or (g); or 609.345,
61.27 	subdivision 1, paragraph (a), (c), or (g); or a statute from
61.28 	another state or the United States similar to the offenses
61.29 	described in this clause; or
61.30 	(4) if the person is required to register under subdivision
61.31 	1 1b, paragraph (c), following commitment pursuant to a court
61.32 	commitment under section 253B.185 or a similar law of another
61.33 	state or the United States.
61.34 		Subd. 7.Use of information. Except as otherwise
61.35 	provided in subdivision 7a or sections 244.052 and 299C.093, the
61.36 	information provided under this section is private data on
62.1 	individuals under section 13.02, subdivision 12.  The
62.2 	information may be used only for law enforcement purposes.
62.3 		Subd. 7a.Availability of information on offenders who
62.4 	are out of compliance with registration law. (a) The bureau of
62.5 	Criminal Apprehension may make information available to the
62.6 	public about offenders who are 16 years of age or older and who
62.7 	are out of compliance with this section for 30 days or longer
62.8 	for failure to provide the address of the offenders' primary or
62.9 	secondary residences addresses.  This information may be made
62.10 	available to the public through electronic, computerized, or
62.11 	other accessible means.  The amount and type of information made
62.12 	available shall be is limited to the information necessary for
62.13 	the public to assist law enforcement in locating the offender.
62.14 	(b) An offender who comes into compliance with this section
62.15 	after the bureau of Criminal Apprehension discloses information
62.16 	about the offender to the public may send a written request to
62.17 	the bureau requesting the bureau to treat information about the
62.18 	offender as private data, consistent with subdivision 7.  The
62.19 	bureau shall review the request and promptly take reasonable
62.20 	action to treat the data as private, if the offender has
62.21 	complied with the requirement that the offender provide the
62.22 	addresses of the offender's primary and secondary residences 
62.23 	addresses, or promptly notify the offender that the information
62.24 	will continue to be treated as public information and the
62.25 	reasons for the bureau's decision.
62.26 	(c) If an offender believes the information made public
62.27 	about the offender is inaccurate or incomplete, the offender may
62.28 	challenge the data under section 13.04, subdivision 4.
62.29 	(d) The bureau of Criminal Apprehension is immune from any
62.30 	civil or criminal liability that might otherwise arise, based on
62.31 	the accuracy or completeness of any information made public
62.32 	under this subdivision, if the bureau acts in good faith.
62.33 		Subd. 8.Law enforcement authority. For purposes of this
62.34 	section, a law enforcement authority means, with respect to a
62.35 	home rule charter or statutory city, the chief of police, and
62.36 	with respect to an unincorporated area, the sheriff of the
63.1 	county.
63.2 		Subd. 9.Offenders from other states. (a) When the state
63.3 	accepts an offender from another state under a reciprocal
63.4 	agreement under the interstate compact authorized by section
63.5 	243.16, the interstate compact authorized by section 243.1605,
63.6 	or under any authorized interstate agreement, the acceptance is
63.7 	conditional on the offender agreeing to register under this
63.8 	section when the offender is living in Minnesota.
63.9 	(b) The Bureau of Criminal Apprehension shall notify the
63.10 	commissioner of corrections:
63.11 	(1) when the bureau receives notice from a local law
63.12 	enforcement authority that a person from another state who is
63.13 	subject to this section has registered with the authority,
63.14 	unless the bureau previously received information about the
63.15 	offender from the commissioner of corrections;
63.16 	(2) when a registration authority, corrections agent, or
63.17 	law enforcement agency in another state notifies the bureau that
63.18 	a person from another state who is subject to this section is
63.19 	moving to Minnesota; and 
63.20 	(3) when the bureau learns that a person from another state
63.21 	is in Minnesota and allegedly in violation of subdivision 5 for
63.22 	failure to register.
63.23 	(c) When a local law enforcement agency notifies the bureau
63.24 	of an out-of-state offender's registration, the agency shall
63.25 	provide the bureau with information on whether the person is
63.26 	subject to community notification in another state and the risk
63.27 	level the person was assigned, if any.
63.28 	(d) The bureau must forward all information it receives
63.29 	regarding offenders covered under this subdivision from sources
63.30 	other than the commissioner of corrections to the commissioner.
63.31 	(e) When the bureau receives information directly from a
63.32 	registration authority, corrections agent, or law enforcement
63.33 	agency in another state that a person who may be subject to this
63.34 	section is moving to Minnesota, the bureau must ask whether the
63.35 	person entering the state is subject to community notification
63.36 	in another state and the risk level the person has been
64.1 	assigned, if any.
64.2 	(f) When the bureau learns that a person subject to this
64.3 	section intends to move into Minnesota from another state or has
64.4 	moved into Minnesota from another state, the bureau shall notify
64.5 	the law enforcement authority with jurisdiction in the area of
64.6 	the person's primary address and provide all information
64.7 	concerning the person that is available to the bureau.
64.8 	(g) The commissioner of corrections must determine the
64.9 	parole, supervised release, or conditional release status of
64.10 	persons who are referred to the commissioner under this
64.11 	subdivision.  If the commissioner determines that a person is
64.12 	subject to parole, supervised release, or conditional release in
64.13 	another state and is not registered in Minnesota under the
64.14 	applicable interstate compact, the commissioner shall inform the
64.15 	local law enforcement agency that the person is in violation of
64.16 	section 243.161.  If the person is not subject to supervised
64.17 	release, the commissioner shall notify the bureau and the local
64.18 	law enforcement agency of the person's status.
64.19 		Subd. 10.Venue; aggregation. (a) A violation of this
64.20 	section may be prosecuted in any jurisdiction where an offense
64.21 	takes place.  However, the prosecutorial agency in the
64.22 	jurisdiction where the person last registered a primary address
64.23 	is initially responsible to review the case for prosecution.
64.24 	(b) When a person commits two or more offenses in two or
64.25 	more counties, the accused may be prosecuted for all of the
64.26 	offenses in any county in which one of the offenses was
64.27 	committed.
64.28 		Subd. 11.Certified copies as evidence. Certified copies
64.29 	of predatory offender registration records are admissible as
64.30 	substantive evidence when necessary to prove the commission of a
64.31 	violation of this section.
64.32 	
EFFECTIVE DATE. The provisions of this section, except
64.33 	for subdivision 5a, are effective the day following final
64.34 	enactment, and apply to persons subject to predatory offender
64.35 	registration on or after that date, except for subdivision 9,
64.36 	which is effective July 1, 2005, and subdivision 4, paragraph
65.1 	(e), clause (3), is effective December 1, 2005.  Subdivision 5a
65.2 	is effective August 1, 2005, and applies to crimes committed on
65.3 	or after that date.  Subdivision 6, paragraph (c), is effective
65.4 	August 1, 2005, and applies to any offense, revocation of
65.5 	probation, supervised release, or conditional release that
65.6 	occurs on or after that date.

65.7 	Sec. 7. Minnesota Statutes 2004, section 243.167, is
65.8 	amended to read:
65.9 	243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
65.10 	REGISTRATION LAW FOR OTHER OFFENSES.
65.11 		Subdivision 1.Definition. As used in this section,
65.12 	"crime against the person" means a violation of any of the
65.13 	following or a similar law of another state or of the United
65.14 	States:  section 609.165; 609.185; 609.19; 609.195; 609.20;
65.15 	609.205; 609.221; 609.222; 609.223; 609.2231;609.224,
65.16 	subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
65.17 	609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
65.18 	2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
65.19 	subdivision 2; or any felony-level violation of section 609.229;
65.20 	609.377; 609.749; or 624.713.
65.21 		Subd. 2.When required. (a) In addition to the
65.22 	requirements of section 243.166, a person also shall register
65.23 	under section 243.166 if:
65.24 	(1) the person is convicted of a crime against the person;
65.25 	and
65.26 	(2) the person was previously convicted of or adjudicated
65.27 	delinquent for an offense listed in section 243.166, subdivision
65.28 	1, paragraph (a),but was not required to register for the
65.29 	offense because the registration requirements of that section
65.30 	did not apply to the person at the time the offense was
65.31 	committed or at the time the person was released from
65.32 	imprisonment.
65.33 	(b) A person who was previously required to register under
65.34 	section 243.166in any state and who has completed the
65.35 	registration requirements of that section state shall again
65.36 	register under section 243.166 if the person commits a crime
66.1 	against the person.
66.2 	
EFFECTIVE DATE. This section is effective August 1, 2005,
66.3 	and applies to crimes committed on or after that date.

66.4 	Sec. 8. Minnesota Statutes 2004, section 244.05,
66.5 	subdivision 7, is amended to read:
66.6 		Subd. 7.Sex offenders; civil commitment determination.
 66.7 	(a) Before the commissioner releases from prison any inmate
66.8 	convicted under sections 609.342 to 609.345 or sentenced as a
66.9 	patterned offender under section 609.108, and determined by the
66.10 	commissioner to be in a high risk category, the commissioner
66.11 	shall make a preliminary determination whether, in the
66.12 	commissioner's opinion, a petition under section 253B.185 may be
66.13 	appropriate. The commissioner's opinion must be based on a
66.14 	recommendation of a Department of Corrections screening
66.15 	committee and a legal review and recommendation from a
66.16 	representative of the Office of the Attorney General
66.17 	knowledgeable in the legal requirements of the civil commitment
66.18 	process.
66.19 	(b) In making this decision, the commissioner shall have
66.20 	access to the following data only for the purposes of the
66.21 	assessment and referral decision:
66.22 	(1) private medical data under section 13.384 or 144.335,
66.23 	or welfare data under section 13.46 that relate to medical
66.24 	treatment of the offender;
66.25 	(2) private and confidential court services data under
66.26 	section 13.84;
66.27 	(3) private and confidential corrections data under section
66.28 	13.85; and
66.29 	(4) private criminal history data under section 13.87.
66.30 	(c) If the commissioner determines that a petition may be
66.31 	appropriate, the commissioner shall forward this determination,
66.32 	along with a summary of the reasons for the determination, to
66.33 	the county attorney in the county where the inmate was convicted
66.34 	no later than 12 months before the inmate's release date.  If
66.35 	the inmate is received for incarceration with fewer than 12
66.36 	months remaining in the inmate's term of imprisonment, or if the
67.1 	commissioner receives additional information less than 12 months
67.2 	before release which that makes the inmate's case appropriate
67.3 	for referral, the commissioner shall forward the determination
67.4 	as soon as is practicable.  Upon receiving the commissioner's
67.5 	preliminary determination, the county attorney shall proceed in
67.6 	the manner provided in section 253B.185.  The commissioner shall
67.7 	release to the county attorney all requested documentation
67.8 	maintained by the department.
67.9 	
EFFECTIVE DATE. This section is effective the day
67.10 	following final enactment.

67.11 	Sec. 9. Minnesota Statutes 2004, section 244.052,
67.12 	subdivision 3, is amended to read:
67.13 		Subd. 3.End-of-confinement review committee.  (a) The
67.14 	commissioner of corrections shall establish and administer
67.15 	end-of-confinement review committees at each state correctional
67.16 	facility and at each state treatment facility where predatory
67.17 	offenders are confined.  The committees shall assess on a
67.18 	case-by-case basis the public risk posed by predatory offenders
67.19 	who are about to be released from confinement.
67.20 	(b) Each committee shall be a standing committee and shall
67.21 	consist of the following members appointed by the commissioner:
67.22 	(1) the chief executive officer or head of the correctional
67.23 	or treatment facility where the offender is currently confined,
67.24 	or that person's designee;
67.25 	(2) a law enforcement officer;
67.26 	(3) a treatment professional who is trained in the
67.27 	assessment of sex offenders;
67.28 	(4) a caseworker experienced in supervising sex offenders;
67.29 	and
67.30 	(5) a victim's services professional.
67.31 	Members of the committee, other than the facility's chief
67.32 	executive officer or head, shall be appointed by the
67.33 	commissioner to two-year terms.  The chief executive officer or
67.34 	head of the facility or designee shall act as chair of the
67.35 	committee and shall use the facility's staff, as needed, to
67.36 	administer the committee, obtain necessary information from
68.1 	outside sources, and prepare risk assessment reports on
68.2 	offenders.
68.3 	(c) The committee shall have access to the following data
68.4 	on a predatory offender only for the purposes of its assessment
68.5 	and to defend the committee's risk assessment determination upon
68.6 	administrative review under this section:
68.7 	(1) private medical data under section 13.384 or 144.335,
68.8 	or welfare data under section 13.46 that relate to medical
68.9 	treatment of the offender;
68.10 	(2) private and confidential court services data under
68.11 	section 13.84;
68.12 	(3) private and confidential corrections data under section
68.13 	13.85; and
68.14 	(4) private criminal history data under section 13.87.
68.15 	Data collected and maintained by the committee under this
68.16 	paragraph may not be disclosed outside the committee, except as
68.17 	provided under section 13.05, subdivision 3 or 4.  The predatory
68.18 	offender has access to data on the offender collected and
68.19 	maintained by the committee, unless the data are confidential
68.20 	data received under this paragraph.
68.21 	(d)(i) Except as otherwise provided in item (ii), at least
68.22 	90 days before a predatory offender is to be released from
68.23 	confinement, the commissioner of corrections shall convene the
68.24 	appropriate end-of-confinement review committee for the purpose
68.25 	of assessing the risk presented by the offender and determining
68.26 	the risk level to which the offender shall be assigned under
68.27 	paragraph (e).  The offender and the law enforcement agency that
68.28 	was responsible for the charge resulting in confinement shall be
68.29 	notified of the time and place of the committee's meeting.  The
68.30 	offender has a right to be present and be heard at the meeting.
68.31 	The law enforcement agency may provide material in writing that
68.32 	is relevant to the offender's risk level to the chair of the
68.33 	committee.  The committee shall use the risk factors described
68.34 	in paragraph (g) and the risk assessment scale developed under
68.35 	subdivision 2 to determine the offender's risk assessment score
68.36 	and risk level.  Offenders scheduled for release from
69.1 	confinement shall be assessed by the committee established at
69.2 	the facility from which the offender is to be released.
69.3 	(ii) If an offender is received for confinement in a
69.4 	facility with less than 90 days remaining in the offender's term
69.5 	of confinement, the offender's risk shall be assessed at the
69.6 	first regularly scheduled end of confinement review committee
69.7 	that convenes after the appropriate documentation for the risk
69.8 	assessment is assembled by the committee.  The commissioner
69.9 	shall make reasonable efforts to ensure that offender's risk is
69.10 	assessed and a risk level is assigned or reassigned at least 30
69.11 	days before the offender's release date.
69.12 	(e) The committee shall assign to risk level I a predatory
69.13 	offender whose risk assessment score indicates a low risk of
69.14 	reoffense.  The committee shall assign to risk level II an
69.15 	offender whose risk assessment score indicates a moderate risk
69.16 	of reoffense.  The committee shall assign to risk level III an
69.17 	offender whose risk assessment score indicates a high risk of
69.18 	reoffense.
69.19 	(f) Before the predatory offender is released from
69.20 	confinement, the committee shall prepare a risk assessment
69.21 	report which specifies the risk level to which the offender has
69.22 	been assigned and the reasons underlying the committee's risk
69.23 	assessment decision.  The committee shall give the report to the
69.24 	offender and to the law enforcement agency at least 60 days
69.25 	before an offender is released from confinement.  If the risk
69.26 	assessment is performed under the circumstances described in
69.27 	paragraph (d), item (ii), the report shall be given to the
69.28 	offender and the law enforcement agency as soon as it is
69.29 	available.  The committee also shall inform the offender of the
69.30 	availability of review under subdivision 6.
69.31 	(g) As used in this subdivision, "risk factors" includes,
69.32 	but is not limited to, the following factors:
69.33 	(1) the seriousness of the offense should the offender
69.34 	reoffend.  This factor includes consideration of the following:
69.35 	(i) the degree of likely force or harm;
69.36 	(ii) the degree of likely physical contact; and
70.1 	(iii) the age of the likely victim;
70.2 	(2) the offender's prior offense history.  This factor
70.3 	includes consideration of the following:
70.4 	(i) the relationship of prior victims to the offender;
70.5 	(ii) the number of prior offenses or victims;
70.6 	(iii) the duration of the offender's prior offense history;
70.7 	(iv) the length of time since the offender's last prior
70.8 	offense while the offender was at risk to commit offenses; and
70.9 	(v) the offender's prior history of other antisocial acts;
70.10 	(3) the offender's characteristics.  This factor includes
70.11 	consideration of the following:
70.12 	(i) the offender's response to prior treatment efforts; and
70.13 	(ii) the offender's history of substance abuse;
70.14 	(4) the availability of community supports to the offender.
70.15 	This factor includes consideration of the following:
70.16 	(i) the availability and likelihood that the offender will
70.17 	be involved in therapeutic treatment;
70.18 	(ii) the availability of residential supports to the
70.19 	offender, such as a stable and supervised living arrangement in
70.20 	an appropriate location;
70.21 	(iii) the offender's familial and social relationships,
70.22 	including the nature and length of these relationships and the
70.23 	level of support that the offender may receive from these
70.24 	persons; and
70.25 	(iv) the offender's lack of education or employment
70.26 	stability;
70.27 	(5) whether the offender has indicated or credible evidence
70.28 	in the record indicates that the offender will reoffend if
70.29 	released into the community; and
70.30 	(6) whether the offender demonstrates a physical condition
70.31 	that minimizes the risk of reoffense, including but not limited
70.32 	to, advanced age or a debilitating illness or physical condition.
70.33 	(h) Upon the request of the law enforcement agency or the
70.34 	offender's corrections agent, the commissioner may reconvene the
70.35 	end-of-confinement review committee for the purpose of
70.36 	reassessing the risk level to which an offender has been
71.1 	assigned under paragraph (e).  In a request for a reassessment,
71.2 	the law enforcement agency which was responsible for the charge
71.3 	resulting in confinement or agent shall list the facts and
71.4 	circumstances arising after the initial assignment or facts and
71.5 	circumstances known to law enforcement or the agent but not
71.6 	considered by the committee under paragraph (e) which support
71.7 	the request for a reassessment.  The request for reassessment by
71.8 	the law enforcement agency must occur within 30 days of receipt
71.9 	of the report indicating the offender's risk level assignment.
71.10 	The offender's corrections agent, in consultation with the chief
71.11 	law enforcement officer in the area where the offender resides
71.12 	or intends to reside, may request a review of a risk level at
71.13 	any time if substantial evidence exists that the offender's risk
71.14 	level should be reviewed by an end-of-confinement review
71.15 	committee.  This evidence includes, but is not limited to,
71.16 	evidence of treatment failures or completions, evidence of
71.17 	exceptional crime-free community adjustment or lack of
71.18 	appropriate adjustment, evidence of substantial community need
71.19 	to know more about the offender or mitigating circumstances that
71.20 	would narrow the proposed scope of notification, or other
71.21 	practical situations articulated and based in evidence of the
71.22 	offender's behavior while under supervision.  Upon review of the
71.23 	request, the end-of-confinement review committee may reassign an
71.24 	offender to a different risk level.  If the offender is
71.25 	reassigned to a higher risk level, the offender has the right to
71.26 	seek review of the committee's determination under subdivision 6.
71.27 	(i) An offender may request the end-of-confinement review
71.28 	committee to reassess the offender's assigned risk level after
71.29 	three years have elapsed since the committee's initial risk
71.30 	assessment and may renew the request once every two years
71.31 	following subsequent denials.  In a request for reassessment,
71.32 	the offender shall list the facts and circumstances which
71.33 	demonstrate that the offender no longer poses the same degree of
71.34 	risk to the community.  In order for a request for a risk level
71.35 	reduction to be granted, the offender must demonstrate full
71.36 	compliance with supervised release conditions, completion of
72.1 	required post-release treatment programming, and full compliance
72.2 	with all registration requirements as detailed in section
72.3 	243.166.  The offender must also not have been convicted of any
72.4 	felony, gross misdemeanor, or misdemeanor offenses subsequent to
72.5 	the assignment of the original risk level.  The committee shall
72.6 	follow the process outlined in paragraphs (a) to (c) in the
72.7 	reassessment.  An offender who is incarcerated may not request a
72.8 	reassessment under this paragraph.
72.9 	(j) Offenders returned to prison as release violators shall
72.10 	not have a right to a subsequent risk reassessment by the
72.11 	end-of-confinement review committee unless substantial evidence
72.12 	indicates that the offender's risk to the public has increased.
72.13 	(k) The commissioner shall establish an end-of-confinement
72.14 	review committee to assign a risk level to offenders who are
72.15 	released from a federal correctional facility in Minnesota or
72.16 	another state and who intend to reside in Minnesota, and to
72.17 	offenders accepted from another state under a reciprocal
72.18 	agreement for parole supervision under the interstate compact
72.19 	authorized by section 243.16.  The committee shall make
72.20 	reasonable efforts to conform to the same timelines as applied
72.21 	to Minnesota cases.  Offenders accepted from another state under
72.22 	a reciprocal agreement for probation supervision are not
72.23 	assigned a risk level, but are considered downward dispositional
72.24 	departures.  The probation or court services officer and law
72.25 	enforcement officer shall manage such cases in accordance with
72.26 	section 244.10, subdivision 2a.  The policies and procedures of
72.27 	the committee for federal offenders and interstate compact cases
72.28 	must be in accordance with all requirements as set forth in this
72.29 	section, unless restrictions caused by the nature of federal or
72.30 	interstate transfers prevents such conformance.
72.31 	(l) If the committee assigns a predatory offender to risk
72.32 	level III, the committee shall determine whether residency
72.33 	restrictions shall be included in the conditions of the
72.34 	offender's release based on the offender's pattern of offending
72.35 	behavior.
72.36 	
EFFECTIVE DATE. This section is effective July 1, 2005,
73.1 	and applies to persons subject to community notification on or
73.2 	after that date.

73.3 	Sec. 10. Minnesota Statutes 2004, section 244.052, is
73.4 	amended by adding a subdivision to read:
73.5 		Subd. 3a.Offenders from other states and offenders
73.6 	released from federal facilities. (a) Except as provided in
73.7 	paragraph (b), the commissioner shall establish an
73.8 	end-of-confinement review committee to assign a risk level:
73.9 	(1) to offenders who are released from a federal
73.10 	correctional facility in Minnesota or a federal correctional
73.11 	facility in another state and who intend to reside in Minnesota;
73.12 	(2) to offenders who are accepted from another state under
73.13 	the interstate compact authorized by section 243.16 or 243.1605
73.14 	or any other authorized interstate agreement; and 
73.15 	(3) to offenders who are referred to the committee by local
73.16 	law enforcement agencies under paragraph (f).
73.17 	(b) This subdivision does not require the commissioner to
73.18 	convene an end-of-confinement review committee for a person
73.19 	coming into Minnesota who is subject to probation under another
73.20 	state's law.  The probation or court services officer and law
73.21 	enforcement officer shall manage such cases in accordance with
73.22 	section 244.10, subdivision 2a.
73.23 	(c) The committee shall make reasonable efforts to conform
73.24 	to the same timelines applied to offenders released from a
73.25 	Minnesota correctional facility and shall collect all relevant
73.26 	information and records on offenders assessed and assigned a
73.27 	risk level under this subdivision.  However, for offenders who
73.28 	were assigned the most serious risk level by another state, the
73.29 	committee must act promptly to collect the information required
73.30 	under this paragraph.
73.31 	The end-of-confinement review committee must proceed in
73.32 	accordance with all requirements set forth in this section and
73.33 	follow all policies and procedures applied to offenders released
73.34 	from a Minnesota correctional facility in reviewing information
73.35 	and assessing the risk level of offenders covered by this
73.36 	subdivision, unless restrictions caused by the nature of federal
74.1 	or interstate transfers prevent such conformance.  All of the
74.2 	provisions of this section apply to offenders who are assessed
74.3 	and assigned a risk level under this subdivision.
74.4 	(d) If a local law enforcement agency learns or suspects
74.5 	that a person who is subject to this section is living in
74.6 	Minnesota and a risk level has not been assigned to the person
74.7 	under this section, the law enforcement agency shall provide
74.8 	this information to the Bureau of Criminal Apprehension and the
74.9 	commissioner of corrections within three business days.
74.10 	(e) If the commissioner receives reliable information from
74.11 	a local law enforcement agency or the bureau that a person
74.12 	subject to this section is living in Minnesota and a local law
74.13 	enforcement agency so requests, the commissioner must determine
74.14 	if the person was assigned a risk level under a law comparable
74.15 	to this section.  If the commissioner determines that the law is
74.16 	comparable and public safety warrants, the commissioner, within
74.17 	three business days of receiving a request, shall notify the
74.18 	local law enforcement agency that it may, in consultation with
74.19 	the department, proceed with notification under subdivision 4
74.20 	based on the person's out-of-state risk level.  However, if the
74.21 	commissioner concludes that the offender is from a state with a
74.22 	risk level assessment law that is not comparable to this
74.23 	section, the extent of the notification may not exceed that of a
74.24 	risk level II offender under subdivision 4, paragraph (b),
74.25 	unless the requirements of paragraph (f) have been met.  If an
74.26 	assessment is requested from the end-of-confinement review
74.27 	committee under paragraph (f), the local law enforcement agency
74.28 	may continue to disclose information under subdivision 4 until
74.29 	the committee assigns the person a risk level.  After the
74.30 	committee assigns a risk level to an offender pursuant to a
74.31 	request made under paragraph (f), the information disclosed by
74.32 	law enforcement shall be consistent with the risk level assigned
74.33 	by the end-of-confinement review committee.  The commissioner of
74.34 	corrections, in consultation with legal advisers, shall
74.35 	determine whether the law of another state is comparable to this
74.36 	section.
75.1 	(f) If the local law enforcement agency wants to make a
75.2 	broader disclosure than is authorized under paragraph (e), the
75.3 	law enforcement agency may request that an end-of-confinement
75.4 	review committee assign a risk level to the offender.  The local
75.5 	law enforcement agency shall provide to the committee all
75.6 	information concerning the offender's criminal history, the risk
75.7 	the offender poses to the community, and other relevant
75.8 	information.  The department shall attempt to obtain other
75.9 	information relevant to determining which risk level to assign
75.10 	the offender.  The committee shall promptly assign a risk level
75.11 	to an offender referred to the committee under this paragraph.
75.12 	
EFFECTIVE DATE. This section is effective July 1, 2005,
75.13 	and applies to persons subject to community notification on or
75.14 	after that date.

75.15 	Sec. 11. Minnesota Statutes 2004, section 244.052,
75.16 	subdivision 4, is amended to read:
75.17 		Subd. 4.Law enforcement agency; disclosure of
75.18 	information to public.  (a) The law enforcement agency in the
75.19 	area where the predatory offender resides, expects to reside, is
75.20 	employed, or is regularly found, shall disclose to the public
75.21 	any information regarding the offender contained in the report
75.22 	forwarded to the agency under subdivision 3, paragraph (f), that
75.23 	is relevant and necessary to protect the public and to
75.24 	counteract the offender's dangerousness, consistent with the
75.25 	guidelines in paragraph (b).  The extent of the information
75.26 	disclosed and the community to whom disclosure is made must
75.27 	relate to the level of danger posed by the offender, to the
75.28 	offender's pattern of offending behavior, and to the need of
75.29 	community members for information to enhance their individual
75.30 	and collective safety.
75.31 	(b) The law enforcement agency shall employ the following
75.32 	guidelines in determining the scope of disclosure made under
75.33 	this subdivision:
75.34 	(1) if the offender is assigned to risk level I, the agency
75.35 	may maintain information regarding the offender within the
75.36 	agency and may disclose it to other law enforcement agencies.
76.1 	Additionally, the agency may disclose the information to any
76.2 	victims of or witnesses to the offense committed by the
76.3 	offender. The agency shall disclose the information to victims
76.4 	of the offense committed by the offender who have requested
76.5 	disclosure and to adult members of the offender's immediate
76.6 	household;
76.7 	(2) if the offender is assigned to risk level II, the
76.8 	agency also may disclose the information to agencies and groups
76.9 	that the offender is likely to encounter for the purpose of
76.10 	securing those institutions and protecting individuals in their
76.11 	care while they are on or near the premises of the institution.
76.12 	These agencies and groups include the staff members of public
76.13 	and private educational institutions, day care establishments,
76.14 	and establishments and organizations that primarily serve
76.15 	individuals likely to be victimized by the offender.  The agency
76.16 	also may disclose the information to individuals the agency
76.17 	believes are likely to be victimized by the offender.  The
76.18 	agency's belief shall be based on the offender's pattern of
76.19 	offending or victim preference as documented in the information
76.20 	provided by the department of corrections or human services;
76.21 	(3) if the offender is assigned to risk level III, the
76.22 	agency shall disclose the information to the persons and
76.23 	entities described in clauses (1) and (2) and to other members
76.24 	of the community whom the offender is likely to encounter,
76.25 	unless the law enforcement agency determines that public safety
76.26 	would be compromised by the disclosure or that a more limited
76.27 	disclosure is necessary to protect the identity of the victim.
76.28 	Notwithstanding the assignment of a predatory offender to
76.29 	risk level II or III, a law enforcement agency may not make the
76.30 	disclosures permitted or required by clause (2) or (3), if:  the
76.31 	offender is placed or resides in a residential facility.
76.32 	However, if an offender is placed or resides in a residential
76.33 	facility, the offender and the head of the facility shall
76.34 	designate the offender's likely residence upon release from the
76.35 	facility and the head of the facility shall notify the
76.36 	commissioner of corrections or the commissioner of human
77.1 	services of the offender's likely residence at least 14 days
77.2 	before the offender's scheduled release date.  The commissioner
77.3 	shall give this information to the law enforcement agency having
77.4 	jurisdiction over the offender's likely residence.  The head of
77.5 	the residential facility also shall notify the commissioner of
77.6 	corrections or human services within 48 hours after finalizing
77.7 	the offender's approved relocation plan to a permanent
77.8 	residence.  Within five days after receiving this notification,
77.9 	the appropriate commissioner shall give to the appropriate law
77.10 	enforcement agency all relevant information the commissioner has
77.11 	concerning the offender, including information on the risk
77.12 	factors in the offender's history and the risk level to which
77.13 	the offender was assigned.  After receiving this information,
77.14 	the law enforcement agency shall make the disclosures permitted
77.15 	or required by clause (2) or (3), as appropriate.
77.16 	(c) As used in paragraph (b), clauses (2) and (3), "likely
77.17 	to encounter" means that:
77.18 	(1) the organizations or community members are in a
77.19 	location or in close proximity to a location where the offender
77.20 	lives or is employed, or which the offender visits or is likely
77.21 	to visit on a regular basis, other than the location of the
77.22 	offender's outpatient treatment program; and
77.23 	(2) the types of interaction which ordinarily occur at that
77.24 	location and other circumstances indicate that contact with the
77.25 	offender is reasonably certain.
77.26 	(d) A law enforcement agency or official who discloses
77.27 	information under this subdivision shall make a good faith
77.28 	effort to make the notification within 14 days of receipt of a
77.29 	confirmed address from the Department of Corrections indicating
77.30 	that the offender will be, or has been, released from
77.31 	confinement, or accepted for supervision, or has moved to a new
77.32 	address and will reside at the address indicated.  If a change
77.33 	occurs in the release plan, this notification provision does not
77.34 	require an extension of the release date.
77.35 	(e) A law enforcement agency or official who discloses
77.36 	information under this subdivision shall not disclose the
78.1 	identity or any identifying characteristics of the victims of or
78.2 	witnesses to the offender's offenses.
78.3 	(f) A law enforcement agency shall continue to disclose
78.4 	information on an offender as required by this subdivision for
78.5 	as long as the offender is required to register under section
78.6 	243.166. This requirement on a law enforcement agency to
78.7 	continue to disclose information also applies to an offender who
78.8 	lacks a primary address and is registering under section
78.9 	243.166, subdivision 3a.
78.10 	(g) A law enforcement agency that is disclosing information
78.11 	on an offender assigned to risk level III to the public under
78.12 	this subdivision shall inform the commissioner of corrections
78.13 	what information is being disclosed and forward this information
78.14 	to the commissioner within two days of the agency's
78.15 	determination.  The commissioner shall post this information on
78.16 	the Internet as required in subdivision 4b.
78.17 	(h) A city council may adopt a policy that addresses when
78.18 	information disclosed under this subdivision must be presented
78.19 	in languages in addition to English.  The policy may address
78.20 	when information must be presented orally, in writing, or both
78.21 	in additional languages by the law enforcement agency disclosing
78.22 	the information.  The policy may provide for different
78.23 	approaches based on the prevalence of non-English languages in
78.24 	different neighborhoods.
78.25 	(i) An offender who is the subject of a community
78.26 	notification meeting held pursuant to this section may not
78.27 	attend the meeting.
78.28 	
EFFECTIVE DATE. This section is effective the day
78.29 	following final enactment and applies to persons subject to
78.30 	community notification on or after that date.

78.31 	Sec. 12. Minnesota Statutes 2004, section 244.052, is
78.32 	amended by adding a subdivision to read:
78.33 		Subd. 4c.Law enforcement agency; disclosure of
78.34 	information to a health care facility. (a) The law enforcement
78.35 	agency in the area where a health care facility is located shall
78.36 	disclose the registrant status of any sex offender registered
79.1 	under section 243.166 to the health care facility if the
79.2 	registered offender is receiving inpatient care in that facility.
79.3 	(b) "Health care facility" means a hospital or other entity
79.4 	licensed under sections 144.50 to 144.58, nursing facilities
79.5 	certified for participation in the federal Medicare or Medicaid
79.6 	programs and licensed as a nursing home under chapter 144A, a
79.7 	boarding care home under sections 144.50 to 144.56, or a group
79.8 	residential housing facility or an intermediate care facility
79.9 	for the mentally retarded licensed under chapter 245A.
79.10 	
EFFECTIVE DATE. This section is effective the day
79.11 	following final enactment.

79.12 	Sec. 13. Minnesota Statutes 2004, section 244.052, is
79.13 	amended by adding a subdivision to read:
79.14 		Subd. 4d.Disclosure to law enforcement; special plates.
 79.15 	Every person who is required to register as a risk level III
79.16 	predatory offender under this section, and who owns or jointly
79.17 	owns a motor vehicle taxed as a passenger automobile, must
79.18 	obtain special sex offender license plates and affix them to the
79.19 	vehicle.

79.20 	Sec. 14. Minnesota Statutes 2004, section 244.052, is
79.21 	amended by adding a subdivision to read:
79.22 		Subd. 4e.Disclosure to law enforcement; drivers'
79.23 	licenses; identification cards. Every person who is required to
79.24 	register as a risk level III predatory offender under this
79.25 	section and who applies for a driver's license or an
79.26 	identification card under chapter 171, must obtain a license or
79.27 	identification card that is plainly marked "predatory offender." 

79.28 	Sec. 15. Minnesota Statutes 2004, section 626.556,
79.29 	subdivision 3, is amended to read:
79.30 		Subd. 3.Persons mandated to report.  (a) A person who
79.31 	knows or has reason to believe a child is being neglected or
79.32 	physically or sexually abused, as defined in subdivision 2, or
79.33 	has been neglected or physically or sexually abused within the
79.34 	preceding three years, shall immediately report the information
79.35 	to the local welfare agency, agency responsible for assessing or
79.36 	investigating the report, police department, or the county
80.1 	sheriff if the person is:
80.2 	(1) a professional or professional's delegate who is
80.3 	engaged in the practice of the healing arts, social services,
80.4 	hospital administration, psychological or psychiatric treatment,
80.5 	child care, education, probation and correctional services,or
80.6 	law enforcement; or
80.7 	(2) employed as a member of the clergy and received the
80.8 	information while engaged in ministerial duties, provided that a
80.9 	member of the clergy is not required by this subdivision to
80.10 	report information that is otherwise privileged under section
80.11 	595.02, subdivision 1, paragraph (c).
80.12 	The police department or the county sheriff, upon receiving
80.13 	a report, shall immediately notify the local welfare agency or
80.14 	agency responsible for assessing or investigating the report,
80.15 	orally and in writing.  The local welfare agency, or agency
80.16 	responsible for assessing or investigating the report, upon
80.17 	receiving a report, shall immediately notify the local police
80.18 	department or the county sheriff orally and in writing.  The
80.19 	county sheriff and the head of every local welfare agency,
80.20 	agency responsible for assessing or investigating reports, and
80.21 	police department shall each designate a person within their
80.22 	agency, department, or office who is responsible for ensuring
80.23 	that the notification duties of this paragraph and paragraph (b)
80.24 	are carried out.  Nothing in this subdivision shall be construed
80.25 	to require more than one report from any institution, facility,
80.26 	school, or agency.
80.27 	(b) Any person may voluntarily report to the local welfare
80.28 	agency, agency responsible for assessing or investigating the
80.29 	report, police department, or the county sheriff if the person
80.30 	knows, has reason to believe, or suspects a child is being or
80.31 	has been neglected or subjected to physical or sexual abuse.
80.32 	The police department or the county sheriff, upon receiving a
80.33 	report, shall immediately notify the local welfare agency or
80.34 	agency responsible for assessing or investigating the report,
80.35 	orally and in writing.  The local welfare agency or agency
80.36 	responsible for assessing or investigating the report, upon
81.1 	receiving a report, shall immediately notify the local police
81.2 	department or the county sheriff orally and in writing.
81.3 	(c) A person mandated to report physical or sexual child
81.4 	abuse or neglect occurring within a licensed facility shall
81.5 	report the information to the agency responsible for licensing
81.6 	the facility under sections 144.50 to 144.58; 241.021; 245A.01
81.7 	to 245A.16; or chapter 245B; or a nonlicensed personal care
81.8 	provider organization as defined in sections 256B.04,
81.9 	subdivision 16; and 256B.0625, subdivision 19.  A health or
81.10 	corrections agency receiving a report may request the local
81.11 	welfare agency to provide assistance pursuant to subdivisions
81.12 	10, 10a, and 10b.  A board or other entity whose licensees
81.13 	perform work within a school facility, upon receiving a
81.14 	complaint of alleged maltreatment, shall provide information
81.15 	about the circumstances of the alleged maltreatment to the
81.16 	commissioner of education.  Section 13.03, subdivision 4,
81.17 	applies to data received by the commissioner of education from a
81.18 	licensing entity.
81.19 	(d) Any person mandated to report shall receive a summary
81.20 	of the disposition of any report made by that reporter,
81.21 	including whether the case has been opened for child protection
81.22 	or other services, or if a referral has been made to a community
81.23 	organization, unless release would be detrimental to the best
81.24 	interests of the child.  Any person who is not mandated to
81.25 	report shall, upon request to the local welfare agency, receive
81.26 	a concise summary of the disposition of any report made by that
81.27 	reporter, unless release would be detrimental to the best
81.28 	interests of the child.
81.29 	(e) For purposes of this subdivision, "immediately" means
81.30 	as soon as possible but in no event longer than 24 hours.
81.31 	
EFFECTIVE DATE. This section is effective the day
81.32 	following final enactment.

81.33 	Sec. 16. REVISOR'S INSTRUCTION.
 81.34 	The revisor of statutes shall change all references to
81.35 	Minnesota Statutes, section 243.166, subdivision 1, in Minnesota
81.36 	Statutes to section 243.166.  In addition, the revisor shall
82.1 	make other technical changes necessitated by this article.

82.2 	EFFECTIVE DATE. This section is effective the day
82.3 	following final enactment.

82.4 	Sec. 17. REPEALER.
 82.5 	Minnesota Statutes 2004, section 243.166, subdivisions 1
82.6 	and 8, are repealed.

82.7 	EFFECTIVE DATE. This section is effective the day
82.8 	following final enactment.

82.9 	ARTICLE 5
82.10 	HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY

82.11 	Section 1. Minnesota Statutes 2004, section 243.166,
82.12 	subdivision 7, is amended to read:
82.13 		Subd. 7.Use of information data.  Except as otherwise
82.14 	provided in subdivision 7a or sections 244.052 and 299C.093, the
82.15 	information data provided under this section is private data on
82.16 	individuals under section 13.02, subdivision 12.  The
82.17 	information data may be used only for law enforcement and
82.18 	corrections purposes. State-operated services, as defined in
82.19 	section 246.014, are also authorized to have access to the data
82.20 	for the purposes described in section 246.13, subdivision 2,
82.21 	paragraph (c).
82.22 	
EFFECTIVE DATE. This section is effective July 1, 2005.

82.23 	Sec. 2. Minnesota Statutes 2004, section 246.13, is
82.24 	amended to read:
82.25 	246.13  RECORD RECORDS OF PATIENTS AND RESIDENTS
82.26 	IN RECEIVING STATE-OPERATED SERVICES.
82.27 		Subdivision 1.Powers, duties, and authority of
82.28 	commissioner. (a) The commissioner of human services' office
82.29 	shall have, accessible only by consent of the commissioner or on
82.30 	the order of a judge or court of record, a record showing the
82.31 	residence, sex, age, nativity, occupation, civil condition, and
82.32 	date of entrance or commitment of every person, in the
82.33 	state-operated services facilities as defined under section
82.34 	246.014 under exclusive control of the commissioner; the date of
82.35 	discharge and whether such discharge was final; the condition of
82.36 	the person when the person left the state-operated services
83.1 	facility; the vulnerable adult abuse prevention associated with
83.2 	the person;and the date and cause of all deaths.  The record
83.3 	shall state every transfer from one state-operated services
83.4 	facility to another, naming each state-operated services
83.5 	facility.  This information shall be furnished to the
83.6 	commissioner of human services by each public agency, along with
83.7 	other obtainable facts as the commissioner may require.  When a
83.8 	patient or resident in a state-operated services facility is
83.9 	discharged, transferred, or dies, the head of the state-operated
83.10 	services facility or designee shall inform the commissioner of
83.11 	human services of these events within ten days on forms
83.12 	furnished by the commissioner.
83.13 	(b) The commissioner of human services shall cause to be
83.14 	devised, installed, and operated an adequate system of records
83.15 	and statistics which shall consist of all basic record forms,
83.16 	including patient personal records and medical record forms, and
83.17 	the manner of their use shall be precisely uniform throughout
83.18 	all state-operated services facilities.
83.19 		Subd. 2.Definitions; risk assessment and management. (a)
83.20 	As used in this section:
83.21 	(1) "appropriate and necessary medical and other records"
83.22 	includes patient medical records and other protected health
83.23 	information as defined by Code of Federal Regulations, title 45,
83.24 	section 164.501, relating to a patient in a state-operated
83.25 	services facility including, but not limited to, the patient's
83.26 	treatment plan and abuse prevention plan that is pertinent to
83.27 	the patient's ongoing care, treatment, or placement in a
83.28 	community-based treatment facility or a health care facility
83.29 	that is not operated by state-operated services, and includes
83.30 	information describing the level of risk posed by a patient when
83.31 	the patient enters such a facility;
83.32 	(2) "community-based treatment" means the community support
83.33 	services listed in section 253B.02, subdivision 4b;
83.34 	(3) "criminal history data" means those data maintained by
83.35 	the Departments of Corrections and Public Safety and by the
83.36 	supervisory authorities listed in section 13.84, subdivision 1,
84.1 	that relate to an individual's criminal history or propensity
84.2 	for violence; including data in the Corrections Offender
84.3 	Management System (COMS) and Statewide Supervision System (S3)
84.4 	maintained by the Department of Corrections; the Criminal
84.5 	Justice Information System (CJIS) and the Predatory Offender
84.6 	Registration (POR) system maintained by the Department of Public
84.7 	Safety; and the CriMNet system;
84.8 	(4) "designated agency" means the agency defined in section
84.9 	253B.02, subdivision 5;
84.10 	(5) "law enforcement agency" means the law enforcement
84.11 	agency having primary jurisdiction over the location where the
84.12 	offender expects to reside upon release;
84.13 	(6) "predatory offender" and "offender" mean a person who
84.14 	is required to register as a predatory offender under section
84.15 	243.166; and 
84.16 	(7) "treatment facility" means a facility as defined in
84.17 	section 253B.02, subdivision 19.
84.18 	(b) To promote public safety and for the purposes and
84.19 	subject to the requirements of paragraph (c), the commissioner
84.20 	or the commissioner's designee shall have access to, and may
84.21 	review and disclose, medical and criminal history data as
84.22 	provided by this section.
84.23 	(c) The commissioner or the commissioner's designee shall
84.24 	disseminate data to designated treatment facility staff, special
84.25 	review board members, and end-of-confinement review committee
84.26 	members in accordance with Minnesota Rules, part 1205.0400, to:
84.27 	(1) determine whether a patient is required under state law
84.28 	to register as a predatory offender according to section
84.29 	243.166;
84.30 	(2) facilitate and expedite the responsibilities of the
84.31 	special review board and end-of-confinement review committees by
84.32 	corrections institutions and state treatment facilities;
84.33 	(3) prepare, amend, or revise the abuse prevention plans
84.34 	required under section 626.557, subdivision 14, and individual
84.35 	patient treatment plans required under section 253B.03,
84.36 	subdivision 7;
85.1 	(4) facilitate changes of custody and transfers of
85.2 	individuals between the Department of Corrections and the
85.3 	Department of Human Services; and 
85.4 	(5) facilitate the exchange of data between the Department
85.5 	of Corrections, the Department of Human Services, and any of the
85.6 	supervisory authorities listed in section 13.84, regarding an
85.7 	individual under the authority of one or more of these entities.
85.8 	(d) If approved by the United States Department of Justice,
85.9 	the commissioner may have access to national criminal history
85.10 	information, through the Department of Public Safety, in support
85.11 	of the law enforcement function described in paragraph (c).  If
85.12 	approval of the United States Department of Justice is not
85.13 	obtained by the commissioner before July 1, 2007, the
85.14 	authorization in this paragraph sunsets on that date.
85.15 		Subd. 3.Community-based treatment and medical
85.16 	treatment. (a) When a patient under the care and supervision of
85.17 	state-operated services is released to a community-based
85.18 	treatment facility or facility that provides health care
85.19 	services, state-operated services may disclose all appropriate
85.20 	and necessary health and other information relating to the
85.21 	patient.
85.22 	(b) The information that must be provided to the designated
85.23 	agency, community-based treatment facility, or facility that
85.24 	provides health care services includes, but is not limited to,
85.25 	the patient's abuse prevention plan required under section
85.26 	626.557, subdivision 14, paragraph (b).
85.27 		Subd. 4.Predatory offender registration
85.28 	notification. (a) When a state-operated facility determines
85.29 	that a patient is required under section 243.166, subdivision 1,
85.30 	to register as a predatory offender or, under section 243.166,
85.31 	subdivision 4a, to provide notice of a change in status, the
85.32 	facility shall provide written notice to the patient of the
85.33 	requirement.
85.34 	(b) If the patient refuses, is unable, or lacks capacity to
85.35 	comply with the requirement described in paragraph (a) within
85.36 	five days after receiving the notification of the duty to
86.1 	comply, state-operated services staff shall obtain and disclose
86.2 	the necessary data to complete the registration form or change
86.3 	of status notification for the patient.  The treatment facility
86.4 	shall also forward the registration or change of status data
86.5 	that it completes to the Bureau of Criminal Apprehension and, as
86.6 	applicable, the patient's corrections agent and the law
86.7 	enforcement agency in the community in which the patient
86.8 	currently resides.  If, after providing notification, the
86.9 	patient refuses to comply with the requirements described in
86.10 	paragraph (a), the treatment facility shall also notify the
86.11 	county attorney in the county in which the patient is currently
86.12 	residing of the refusal.
86.13 	(c) The duties of state-operated services described in this
86.14 	subdivision do not relieve the patient of the ongoing individual
86.15 	duty to comply with the requirements of section 243.166.
86.16 		Subd. 5.Limitations on use of bloodborne pathogen test
86.17 	results. Sections 246.71, 246.711, 246.712, 246.713, 246.714,
86.18 	246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721,
86.19 	and 246.722 apply to state-operated services facilities.
86.20 	
EFFECTIVE DATE. This section is effective July 1, 2005.

86.21 	Sec. 3. Minnesota Statutes 2004, section 253B.18,
86.22 	subdivision 4a, is amended to read:
86.23 		Subd. 4a.Release on pass; notification.  A patient who
86.24 	has been committed as a person who is mentally ill and dangerous
86.25 	and who is confined at a secure treatment facility or has been
86.26 	transferred out of a state-operated services facility according
86.27 	to section 253B.18, subdivision 6,shall not be released on a
86.28 	pass unless the pass is part of a pass plan that has been
86.29 	approved by the medical director of the secure treatment
86.30 	facility.  The pass plan must have a specific therapeutic
86.31 	purpose consistent with the treatment plan, must be established
86.32 	for a specific period of time, and must have specific levels of
86.33 	liberty delineated.  The county case manager must be invited to
86.34 	participate in the development of the pass plan.  At least ten
86.35 	days prior to a determination on the plan, the medical director
86.36 	shall notify the designated agency, the committing court, the
87.1 	county attorney of the county of commitment, an interested
87.2 	person, the local law enforcement agency where the facility is
87.3 	located,the local law enforcement agency in the location where
87.4 	the pass is to occur, the petitioner, and the petitioner's
87.5 	counsel of the plan, the nature of the passes proposed, and
87.6 	their right to object to the plan.  If any notified person
87.7 	objects prior to the proposed date of implementation, the person
87.8 	shall have an opportunity to appear, personally or in writing,
87.9 	before the medical director, within ten days of the objection,
87.10 	to present grounds for opposing the plan.  The pass plan shall
87.11 	not be implemented until the objecting person has been furnished
87.12 	that opportunity.  Nothing in this subdivision shall be
87.13 	construed to give a patient an affirmative right to a pass plan.
87.14 	
EFFECTIVE DATE. This section is effective July 1, 2005.

87.15 	Sec. 4. Minnesota Statutes 2004, section 299C.093, is
87.16 	amended to read:
87.17 	299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
87.18 	The superintendent of the Bureau of Criminal Apprehension
87.19 	shall maintain a computerized data system relating to
87.20 	individuals required to register as predatory offenders under
87.21 	section 243.166.  To the degree feasible, the system must
87.22 	include the information data required to be provided under
87.23 	section 243.166, subdivisions 4 and 4a, and indicate the time
87.24 	period that the person is required to register.  The
87.25 	superintendent shall maintain this information data in a manner
87.26 	that ensures that it is readily available to law enforcement
87.27 	agencies.  This information data is private data on individuals
87.28 	under section 13.02, subdivision 12, but may be used for law
87.29 	enforcement and corrections purposes. State-operated services,
87.30 	as defined in section 246.014, are also authorized to have
87.31 	access to the data for the purposes described in section 246.13,
87.32 	subdivision 2, paragraph (c).

87.33 	EFFECTIVE DATE. This section is effective July 1, 2005.

87.34 	Sec. 5. Minnesota Statutes 2004, section 609.2231,
87.35 	subdivision 3, is amended to read:
87.36 		Subd. 3.Correctional employees; probation officers.
 88.1 	Whoever commits either of the following acts against an employee
88.2 	of a correctional facility as defined in section 241.021,
88.3 	subdivision 1, paragraph (f), or an employee or other individual
88.4 	who provides care or treatment at a treatment facility as
88.5 	defined in section 252.025, subdivision 7, or 253B.02,
88.6 	subdivision 18a,or against a probation officer or other
88.7 	qualified person employed in supervising offenders while the
88.8 	employee, officer, or person is engaged in the performance of a
88.9 	duty imposed by law, policy, or rule is guilty of a felony and
88.10 	may be sentenced to imprisonment for not more than two years or
88.11 	to payment of a fine of not more than $4,000, or both:
88.12 	(1) assaults the employee person and inflicts demonstrable
88.13 	bodily harm; or
88.14 	(2) intentionally throws or otherwise transfers bodily
88.15 	fluids or feces at or onto the employee person.
88.16 	
EFFECTIVE DATE. This section is effective July 1, 2005.

88.17 	Sec. 6. Minnesota Statutes 2004, section 626.557,
88.18 	subdivision 14, is amended to read:
88.19 		Subd. 14.Abuse prevention plans.  (a) Each facility,
88.20 	except home health agencies and personal care attendant services
88.21 	providers, shall establish and enforce an ongoing written abuse
88.22 	prevention plan.  The plan shall contain an assessment of the
88.23 	physical plant, its environment, and its population identifying
88.24 	factors which may encourage or permit abuse, and a statement of
88.25 	specific measures to be taken to minimize the risk of abuse.
88.26 	The plan shall comply with any rules governing the plan
88.27 	promulgated by the licensing agency.
88.28 	(b) Each facility, including a home health care agency and
88.29 	personal care attendant services providers, shall develop an
88.30 	individual abuse prevention plan for each vulnerable adult
88.31 	residing there or receiving services from them.  The plan shall
88.32 	contain an individualized assessment of both the person's
88.33 	susceptibility to abuse by other individuals, including other
88.34 	vulnerable adults, and the potential risks posed by the person
88.35 	to the other patients, to facility staff, and to others; and a
88.36 	statement of the specific measures to be taken to minimize the
89.1 	risk of abuse to that person and others.  For the purposes of
89.2 	this clause, the term "abuse" includes self-abuse.
89.3 	
EFFECTIVE DATE. This section is effective July 1, 2005.

89.4 	Sec. 7. REPEALER.
 89.5 	Minnesota Statutes 2004, section 246.017, subdivision 1, is
89.6 	repealed.

89.7 	EFFECTIVE DATE. This section is effective July 1, 2005.

89.8 	ARTICLE 6
89.9 	HUMAN SERVICES BACKGROUND STUDIES

89.10 	Section 1. Minnesota Statutes 2004, section 13.461, is
89.11 	amended by adding a subdivision to read:
89.12 		Subd. 29.Disqualification from direct contact. The
89.13 	classification of data about individuals disqualified from
89.14 	providing direct contact services is governed by section
89.15 	245C.22, subdivision 7.

89.16 	Sec. 2. Minnesota Statutes 2004, section 13.461, is
89.17 	amended by adding a subdivision to read:
89.18 		Subd. 30.Set-aside data. Disclosure of data relating to
89.19 	individuals who have obtained a set-aside of the
89.20 	disqualification is governed by section 245C.22, subdivision 7.

89.21 	Sec. 3. Minnesota Statutes 2004, section 13.461, is
89.22 	amended by adding a subdivision to read:
89.23 		Subd. 31.Variance data. Disclosure of data relating to
89.24 	disqualified individuals as to whom a variance has been obtained
89.25 	by the individual's employer is governed by section 245C.30,
89.26 	subdivision 2.

89.27 	Sec. 4. Minnesota Statutes 2004, section 245C.03,
89.28 	subdivision 1, is amended to read:
89.29 		Subdivision 1.Licensed programs.  (a) The commissioner
89.30 	shall conduct a background study on:
89.31 	(1) the person or persons applying for a license;
89.32 	(2) an individual age 13 and over living in the household
89.33 	where the licensed program will be provided;
89.34 	(3) current or prospective employees or contractors of the
89.35 	applicant who will have direct contact with persons served by
89.36 	the facility, agency, or program;
90.1 	(4) volunteers or student volunteers who will have direct
90.2 	contact with persons served by the program to provide program
90.3 	services if the contact is not under the continuous, direct
90.4 	supervision by an individual listed in clause (1) or (3);
90.5 	(5) an individual age ten to 12 living in the household
90.6 	where the licensed services will be provided when the
90.7 	commissioner has reasonable cause;
90.8 	(6) an individual who, without providing direct contact
90.9 	services at a licensed program, may have unsupervised access to
90.10 	children or vulnerable adults receiving services from a program
90.11 	licensed to provide:
90.12 	(i) family child care for children;
90.13 	(ii) foster care for children in the provider's own home;
90.14 	or
90.15 	(iii) foster care or day care services for adults in the
90.16 	provider's own home; and
90.17 	(7) all managerial officials as defined under section
90.18 	245A.02, subdivision 5a.
90.19 	The commissioner must have reasonable cause to study an
90.20 	individual under this subdivision.
90.21 	(b) For family child foster care settings, a short-term
90.22 	substitute caregiver providing direct contact services for a
90.23 	child for less than 72 hours of continuous care is not required
90.24 	to receive a background study under this chapter.

90.25 	Sec. 5. Minnesota Statutes 2004, section 245C.13,
90.26 	subdivision 2, is amended to read:
90.27 		Subd. 2.Direct contact pending completion of background
90.28 	study. Unless otherwise specified, the subject of a background
90.29 	study may have direct contact with persons served by a program
90.30 	after the background study form is mailed or submitted to the
90.31 	commissioner pending notification of the study results under
90.32 	section 245C.17.The subject of a background study may not
90.33 	perform any activity requiring a background study under
90.34 	paragraph (b) until the commissioner has issued one of the
90.35 	notices under paragraph (a).
90.36 	(a) Notices from the commissioner required prior to
91.1 	activity under paragraph (b) include:
91.2 	(1) a notice of the study results under section 245C.17
91.3 	stating that:
91.4 	(i) the individual is not disqualified; or 
91.5 	(ii) more time is needed to complete the study but the
91.6 	individual is not required to be removed from direct contact or
91.7 	access to people receiving services prior to completion of the
91.8 	study as provided under section 245A.17, paragraph (c);
91.9 	(2) a notice that a disqualification has been set aside
91.10 	under section 245C.23; or 
91.11 	(3) a notice that a variance has been granted related to
91.12 	the individual under section 245C.30.
91.13 	(b) Activities prohibited prior to receipt of notice under
91.14 	paragraph (a) include:
91.15 	(1) being issued a license;
91.16 	(2) living in the household where the licensed program will
91.17 	be provided;
91.18 	(3) providing direct contact services to persons served by
91.19 	a program unless the subject is under continuous direct
91.20 	supervision; or 
91.21 	(4) having access to persons receiving services if the
91.22 	background study was completed under section 144.057,
91.23 	subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause
91.24 	(2), (5), or (6), unless the subject is under continuous direct
91.25 	supervision.

91.26 	Sec. 6. Minnesota Statutes 2004, section 245C.15,
91.27 	subdivision 1, is amended to read:
91.28 		Subdivision 1.Permanent disqualification.  (a) An
91.29 	individual is disqualified under section 245C.14 if:  (1)
91.30 	regardless of how much time has passed since the discharge of
91.31 	the sentence imposed, if any,for the offense; and (2) unless
91.32 	otherwise specified, regardless of the level of the conviction 
91.33 	offense, the individual is convicted of has committed any of the
91.34 	following offenses:  sections 152.021 (controlled substance
91.35 	crime in the first degree); 152.022 (controlled substance crime
91.36 	in the second degree); 152.023 (controlled substance crime in
92.1 	the third degree); 152.024 (controlled substance crime in the
92.2 	fourth degree); 152.0261 (importing controlled substances across
92.3 	state lines); 609.165 (certain convicted felons ineligible to
92.4 	possess firearms);609.185 (murder in the first degree); 609.19
92.5 	(murder in the second degree); 609.195 (murder in the third
92.6 	degree); 609.20 (manslaughter in the first degree); 609.205
92.7 	(manslaughter in the second degree); 609.21 (criminal vehicular
92.8 	homicide and injury);609.221 or (assault in the first degree);
92.9 	609.222 (assault in the first or second degree); 609.223
92.10 	(assault in the third degree);a felony offense under sections
92.11 	609.2242 and 609.2243 (domestic assault), spousal abuse, child
92.12 	abuse or neglect, or a crime against children; 609.228 (great
92.13 	bodily harm caused by distribution of drugs); an offense
92.14 	punishable as a felony under 609.229 (crime committed for the
92.15 	benefit of a gang); 609.235 (use of drugs to injure or
92.16 	facilitate a crime); 609.24 (simple robbery);609.245
92.17 	(aggravated robbery); 609.25 (kidnapping); 609.255 (false
92.18 	imprisonment);609.2661 (murder of an unborn child in the first
92.19 	degree); 609.2662 (murder of an unborn child in the second
92.20 	degree); 609.2663 (murder of an unborn child in the third
92.21 	degree); 609.2664 (manslaughter of an unborn child in the first
92.22 	degree); 609.2665 (manslaughter of an unborn child in the second
92.23 	degree); 609.267 (assault of an unborn child in the first
92.24 	degree); 609.2671 (assault of an unborn child in the second
92.25 	degree); 609.268 (injury or death of an unborn child in
92.26 	commission of a crime);609.322 (solicitation, inducement, and
92.27 	promotion of prostitution); a felony offense under 609.324,
92.28 	subdivision 1 (other prohibited acts); 609.342 (criminal sexual
92.29 	conduct in the first degree); 609.343 (criminal sexual conduct
92.30 	in the second degree); 609.344 (criminal sexual conduct in the
92.31 	third degree); 609.345 (criminal sexual conduct in the fourth
92.32 	degree); 609.3451 (criminal sexual conduct in the fifth degree);
92.33 	609.3453 (criminal sexual predatory conduct);609.352
92.34 	(solicitation of children to engage in sexual conduct); 609.365
92.35 	(incest); an offense punishable as a felony offense under
92.36 	609.377 (malicious punishment of a child); an offense punishable
93.1 	as a felony offense under 609.378 (neglect or endangerment of a
93.2 	child); 609.498 (tampering with a witness);609.561 (arson in
93.3 	the first degree); 609.562 (arson in the second degree);
93.4 	609.582, subdivision 1 (burglary in the first degree);609.66,
93.5 	subdivision 1e (drive-by shooting); 609.687 (adulteration);
93.6 	609.749, subdivision 3, 4, or 5 (felony-level harassment;
93.7 	stalking); 609.855, subdivision 5 (shooting at or in a public
93.8 	transit vehicle or facility); 617.246 (use of minors in sexual
93.9 	performance prohibited); or 617.247 (possession of pictorial
93.10 	representations of minors); or an offense punishable as a felony
93.11 	under 624.713 (certain persons not to have pistols or
93.12 	semiautomatic military-style assault weapons).
93.13 	(b) An individual also is disqualified under section
93.14 	245C.14 regardless of how much time has passed since:
93.15 	(1) the involuntary termination of the individual's
93.16 	parental rights under section 260C.301;
93.17 	(2) an administrative determination under section 626.556
93.18 	of sexual abuse of a minor or abuse of a minor resulting in
93.19 	death or serious injury as defined under section 245C.02,
93.20 	subdivision 18; or 
93.21 	(3) an administrative determination under section 626.557
93.22 	of sexual abuse of a vulnerable adult or abuse of a vulnerable
93.23 	adult resulting in death or serious injury as defined under
93.24 	section 245C.02, subdivision 18.
93.25 	(b) (c) An individual's aiding and abetting,attempt,or
93.26 	conspiracy to commit any of the offenses listed in paragraph
93.27 	(a), as each of these offenses is defined in Minnesota Statutes,
93.28 	permanently disqualifies the individual under section 245C.14.
93.29 	(c) (d) An individual's offense in any other state or
93.30 	country, where the elements of the offense are substantially
93.31 	similar to any of the offenses listed in paragraph (a),
93.32 	permanently disqualifies the individual under section 245C.14.

93.33 	Sec. 7. Minnesota Statutes 2004, section 245C.15,
93.34 	subdivision 2, is amended to read:
93.35 		Subd. 2.15-year disqualification.  (a) An individual is
93.36 	disqualified under section 245C.14 if:  (1) less than 15 years
94.1 	have passed since the discharge of the sentence imposed, if any,
94.2 	for the offense; and (2) the individual has received committed a
94.3 	felony conviction for a felony-level violation of any of the
94.4 	following offenses:  sections 152.025 (controlled substance
94.5 	crime in the fifth degree);260C.301 (grounds for termination of
94.6 	parental rights); 609.165 (felon ineligible to possess firearm);
94.7 	609.21 (criminal vehicular homicide and injury);609.215
94.8 	(suicide); 609.223 or 609.2231 (assault in the third or fourth
94.9 	degree); repeat offenses under 609.224 (assault in the fifth
94.10 	degree); 609.2325 (criminal abuse of a vulnerable adult);
94.11 	609.2335 (financial exploitation of a vulnerable adult); 609.235
94.12 	(use of drugs to injure or facilitate crime); 609.24 (simple
94.13 	robbery); 609.255 (false imprisonment); 609.2664 (manslaughter
94.14 	of an unborn child in the first degree); 609.2665 (manslaughter
94.15 	of an unborn child in the second degree); 609.267 (assault of an
94.16 	unborn child in the first degree); 609.2671 (assault of an
94.17 	unborn child in the second degree); 609.268 (injury or death of
94.18 	an unborn child in the commission of a crime);609.27
94.19 	(coercion); 609.275 (attempt to coerce); repeat offenses under
94.20 	609.3451 (criminal sexual conduct in the fifth degree); 609.498,
94.21 	subdivision 1 or 1b (aggravated first degree or first degree
94.22 	tampering with a witness);609.52 (theft); 609.521 (possession
94.23 	of shoplifting gear); 609.562 (arson in the second degree);
94.24 	609.563 (arson in the third degree); 609.582, subdivision 2, 3,
94.25 	or 4 (burglary in the second, third, or fourth degree ); 609.625
94.26 	(aggravated forgery); 609.63 (forgery); 609.631 (check forgery;
94.27 	offering a forged check); 609.635 (obtaining signature by false
94.28 	pretense); 609.66 (dangerous weapons); 609.67 (machine guns and
94.29 	short-barreled shotguns); 609.687 (adulteration);609.71 (riot);
94.30 	609.713 (terroristic threats); repeat offenses under 617.23
94.31 	(indecent exposure; penalties); repeat offenses under 617.241
94.32 	(obscene materials and performances; distribution and exhibition
94.33 	prohibited; penalty); chapter 152 (drugs; controlled substance);
94.34 	or a felony-level conviction involving alcohol or drug use.
94.35 	(b) An individual is disqualified under section 245C.14 if
94.36 	less than 15 years has passed since the individual's aiding and
95.1 	abetting,attempt,or conspiracy to commit any of the offenses
95.2 	listed in paragraph (a), as each of these offenses is defined in
95.3 	Minnesota Statutes.
95.4 	(c) An individual is disqualified under section 245C.14 if
95.5 	less than 15 years has passed since the discharge of the
95.6 	sentence imposed for an offense in any other state or country,
95.7 	the elements of which are substantially similar to the elements
95.8 	of the offenses listed in paragraph (a).
95.9 	(d) If the individual studied is convicted of one of the
95.10 	felonies listed in paragraph (a), but the sentence is a gross
95.11 	misdemeanor or misdemeanor disposition, the individual is
95.12 	disqualified but the disqualification lookback period for the
95.13 	conviction is the period applicable to the gross misdemeanor or
95.14 	misdemeanor disposition.

95.15 	Sec. 8. Minnesota Statutes 2004, section 245C.15,
95.16 	subdivision 3, is amended to read:
95.17 		Subd. 3.Ten-year disqualification.  (a) An individual is
95.18 	disqualified under section 245C.14 if:  (1) less than ten years
95.19 	have passed since the discharge of the sentence imposed, if any,
95.20 	for the offense; and (2) the individual has received committed a
95.21 	gross misdemeanor conviction for a misdemeanor-level violation
95.22 	of any of the following offenses:  sections 609.224 (assault in
95.23 	the fifth degree); 609.224, subdivision 2, paragraph (c)
95.24 	(assault in the fifth degree by a caregiver against a vulnerable
95.25 	adult); 609.2242 and 609.2243 (domestic assault); 609.23
95.26 	(mistreatment of persons confined); 609.231 (mistreatment of
95.27 	residents or patients); 609.2325 (criminal abuse of a vulnerable
95.28 	adult); 609.233 (criminal neglect of a vulnerable adult);
95.29 	609.2335 (financial exploitation of a vulnerable adult); 609.234
95.30 	(failure to report maltreatment of a vulnerable adult); 609.265
95.31 	(abduction); 609.275 (attempt to coerce); 609.324, subdivision
95.32 	1a (other prohibited acts; minor engaged in prostitution);
95.33 	609.33 (disorderly house); 609.3451 (criminal sexual conduct in
95.34 	the fifth degree);misdemeanor or gross misdemeanor offenses
95.35 	under 609.377 (malicious punishment of a child); misdemeanor or
95.36 	gross misdemeanor offenses under 609.378 (neglect or
96.1 	endangerment of a child); 609.52 (theft); 609.582 (burglary);
96.2 	609.631 (check forgery; offering a forged check); 609.66
96.3 	(dangerous weapons); 609.71 (riot); 609.72, subdivision 3
96.4 	(disorderly conduct against a vulnerable adult); repeat offenses
96.5 	under 609.746 (interference with privacy); 609.749, subdivision
96.6 	2 (harassment; stalking); repeat offenses under 617.23 (indecent
96.7 	exposure); 617.241 (obscene materials and performances); 617.243
96.8 	(indecent literature, distribution); 617.293 (harmful materials;
96.9 	dissemination and display to minors prohibited); or violation of
96.10 	an order for protection under section 518B.01, subdivision 14.
96.11 	(b) An individual is disqualified under section 245C.14 if
96.12 	less than ten years has passed since the individual's aiding and
96.13 	abetting,attempt,or conspiracy to commit any of the offenses
96.14 	listed in paragraph (a), as each of these offenses is defined in
96.15 	Minnesota Statutes.
96.16 	(c) An individual is disqualified under section 245C.14 if
96.17 	less than ten years has passed since the discharge of the
96.18 	sentence imposed for an offense in any other state or country,
96.19 	the elements of which are substantially similar to the elements
96.20 	of any of the offenses listed in paragraph (a).
96.21 	(d) If the defendant is convicted of one of the gross
96.22 	misdemeanors listed in paragraph (a), but the sentence is a
96.23 	misdemeanor disposition, the individual is disqualified but the
96.24 	disqualification lookback period for the conviction is the
96.25 	period applicable to misdemeanors.

96.26 	Sec. 9. Minnesota Statutes 2004, section 245C.15,
96.27 	subdivision 4, is amended to read:
96.28 		Subd. 4.Seven-year disqualification.  (a) An individual
96.29 	is disqualified under section 245C.14 if:  (1) less than seven
96.30 	years has passed since the discharge of the sentence imposed, if
96.31 	any,for the offense; and (2) the individual has received 
96.32 	committed a misdemeanor conviction for a misdemeanor-level 
96.33 	violation of any of the following offenses:  sections 609.224
96.34 	(assault in the fifth degree); 609.2242 (domestic assault);
96.35 	609.2335 (financial exploitation of a vulnerable adult); 609.234
96.36 	(failure to report maltreatment of a vulnerable adult); 609.2672
97.1 	(assault of an unborn child in the third degree); 609.27
97.2 	(coercion); violation of an order for protection under 609.3232
97.3 	(protective order authorized; procedures; penalties); 609.52
97.4 	(theft); 609.66 (dangerous weapons); 609.665 (spring guns);
97.5 	609.746 (interference with privacy); 609.79 (obscene or
97.6 	harassing phone telephone calls); 609.795 (letter, telegram, or
97.7 	package; opening; harassment); 617.23 (indecent exposure;
97.8 	penalties); 617.293 (harmful materials; dissemination and
97.9 	display to minors prohibited); or violation of an order for
97.10 	protection under section 518B.01 (Domestic Abuse Act).
97.11 	(b) An individual is disqualified under section 245C.14 if
97.12 	less than seven years has passed since a determination or
97.13 	disposition of the individual's:
97.14 	(1) failure to make required reports under section 626.556,
97.15 	subdivision 3, or 626.557, subdivision 3, for incidents in
97.16 	which:  (i) the final disposition under section 626.556 or
97.17 	626.557 was substantiated maltreatment, and (ii) the
97.18 	maltreatment was recurring or serious; or
97.19 	(2) except for disqualifications under subdivision 1,
97.20 	substantiated serious or recurring maltreatment of a minor under
97.21 	section 626.556, a vulnerable adult under section 626.557, or
97.22 	serious or recurring maltreatment in any other state, the
97.23 	elements of which are substantially similar to the elements of
97.24 	maltreatment under section 626.556 or 626.557 for which:  (i)
97.25 	there is a preponderance of evidence that the maltreatment
97.26 	occurred, and (ii) the subject was responsible for the
97.27 	maltreatment.
97.28 	(c) An individual is disqualified under section 245C.14 if
97.29 	less than seven years has passed since the individual's attempt
97.30 	or conspiracy to commit any of the offenses listed in paragraphs
97.31 	(a) and (b), as each of these offenses is defined in Minnesota
97.32 	Statutes.
97.33 	(d) An individual is disqualified under section 245C.14 if
97.34 	less than seven years has passed since the discharge of the
97.35 	sentence imposed for an offense in any other state or country,
97.36 	the elements of which are substantially similar to the elements
98.1 	of any of the offenses listed in paragraphs (a) and (b).

98.2 	Sec. 10. Minnesota Statutes 2004, section 245C.17,
98.3 	subdivision 1, is amended to read:
98.4 		Subdivision 1.Time frame for notice of study results.
 98.5 	(a) Within 15 working days after the commissioner's receipt of
98.6 	the background study form, the commissioner shall notify the
98.7 	individual who is the subject of the study in writing or by
98.8 	electronic transmission of the results of the study or that more
98.9 	time is needed to complete the study.
98.10 	(b) Within 15 working days after the commissioner's receipt
98.11 	of the background study form, the commissioner shall notify the
98.12 	applicant, license holder, or other entity as provided in this
98.13 	chapter in writing or by electronic transmission of the results
98.14 	of the study or that more time is needed to complete the study.
98.15 	(c) When the commissioner has completed a prior background
98.16 	study on an individual that resulted in an order for immediate
98.17 	removal and more time is necessary to complete a subsequent
98.18 	study, the notice that more time is needed that is issued under
98.19 	paragraphs (a) and (b) shall include an order for immediate
98.20 	removal of the individual from any position allowing direct
98.21 	contact with or access to people receiving services pending
98.22 	completion of the background study.

98.23 	Sec. 11. Minnesota Statutes 2004, section 245C.17,
98.24 	subdivision 2, is amended to read:
98.25 		Subd. 2.Disqualification notice sent to subject.  (a) If
98.26 	the information in the study indicates the individual is
98.27 	disqualified from direct contact with, or from access to,
98.28 	persons served by the program, the commissioner shall disclose
98.29 	to the individual studied:
98.30 	(1) the information causing disqualification;
98.31 	(2) instructions on how to request a reconsideration of the
98.32 	disqualification; and 
98.33 	(3) an explanation of any restrictions on the
98.34 	commissioner's discretion to set aside the disqualification
98.35 	under section 245C.24, subdivision 2, when applicable to the
98.36 	individual;
99.1 	(4) a statement indicating that if the individual's
99.2 	disqualification is set aside or the facility is granted a
99.3 	variance under section 245C.30, the individual's identity and
99.4 	the reason for the individual's disqualification will become
99.5 	public data; and 
99.6 	(5) the commissioner's determination of the individual's
99.7 	immediate risk of harm under section 245C.16.
99.8 	(b) If the commissioner determines under section 245C.16
99.9 	that an individual poses an imminent risk of harm to persons
99.10 	served by the program where the individual will have direct
99.11 	contact, the commissioner's notice must include an explanation
99.12 	of the basis of this determination.
99.13 	(c) If the commissioner determines under section 245C.16
99.14 	that an individual studied does not pose a risk of harm that
99.15 	requires continuous, direct supervision, the commissioner shall
99.16 	only notify the individual of the disqualification immediate
99.17 	removal, the individual shall be informed of the conditions
99.18 	under which the agency that initiated the background study may
99.19 	allow the individual to provide direct contact services as
99.20 	provided under subdivision 3.

99.21 	Sec. 12. Minnesota Statutes 2004, section 245C.17,
99.22 	subdivision 3, is amended to read:
99.23 		Subd. 3.Disqualification notice sent to applicant,
99.24 	license holder, or other entity.  (a) The commissioner shall
99.25 	notify an applicant, license holder, or other entity as provided
99.26 	in this chapter who is not the subject of the study:
99.27 	(1) that the commissioner has found information that
99.28 	disqualifies the individual studied from direct contact with, or
99.29 	from access to, persons served by the program; and
99.30 	(2) the commissioner's determination of the individual's
99.31 	risk of harm under section 245C.16.
99.32 	(b) If the commissioner determines under section 245C.16
99.33 	that an individual studied poses an imminent risk of harm to
99.34 	persons served by the program where the individual studied will
99.35 	have direct contact, the commissioner shall order the license
99.36 	holder to immediately remove the individual studied from direct
100.1 	contact.
100.2 	(c) If the commissioner determines under section 245C.16
100.3 	that an individual studied poses a risk of harm that requires
100.4 	continuous, direct supervision, the commissioner shall order the
100.5 	applicant, license holder, or other entities as provided in this
100.6 	chapter to:
100.7 	(1) immediately remove the individual studied from direct
100.8 	contact services; or
100.9 	(2) before allowing the disqualified individual to provide
100.10 	direct contact services, the applicant, license holder, or other
100.11 	entity, as provided in this chapter, must:
100.12 	(i) obtain from the disqualified individual a copy of the
100.13 	individual's notice of disqualification from the commissioner
100.14 	that explains the reason for disqualification;
100.15 	(ii) assure ensure that the individual studied is under
100.16 	continuous, direct supervision when providing direct contact
100.17 	services during the period in which the individual may request a
100.18 	reconsideration of the disqualification under section 245C.21;
100.19 	and 
100.20 	(iii) ensure that the disqualified individual requests
100.21 	reconsideration within 30 days of receipt of the notice of
100.22 	disqualification.
100.23 	(d) If the commissioner determines under section 245C.16
100.24 	that an individual studied does not pose a risk of harm that
100.25 	requires continuous, direct supervision, the commissioner shall
100.26 	send the license holder a notice that more time is needed to
100.27 	complete the individual's background study order the applicant,
100.28 	license holder, or other entities as provided in this chapter to:
100.29 	(1) immediately remove the individual studied from direct
100.30 	contact services; or 
100.31 	(2) before allowing the disqualified individual to provide
100.32 	direct contact services, the applicant, license holder, or other
100.33 	entity as provided in this chapter must:
100.34 	(i) obtain from the disqualified individual a copy of the
100.35 	individual's notice of disqualification from the commissioner
100.36 	that explains the reason for disqualification; and 
101.1 	(ii) ensure that the disqualified individual requests
101.2 	reconsideration within 15 days of receipt of the notice of
101.3 	disqualification.
101.4 	(e) The commissioner shall not notify the applicant,
101.5 	license holder, or other entity as provided in this chapter of
101.6 	the information contained in the subject's background study
101.7 	unless:
101.8 	(1) the basis for the disqualification is failure to
101.9 	cooperate with the background study or substantiated
101.10 	maltreatment under section 626.556 or 626.557;
101.11 	(2) the Data Practices Act under chapter 13 provides for
101.12 	release of the information; or
101.13 	(3) the individual studied authorizes the release of the
101.14 	information.

101.15 	Sec. 13. Minnesota Statutes 2004, section 245C.21,
101.16 	subdivision 3, is amended to read:
101.17 		Subd. 3.Information disqualified individuals must
101.18 	provide when requesting reconsideration. The (a) When a 
101.19 	disqualified individual requesting reconsideration requests that
101.20 	the commissioner rescind the disqualification, the individual 
101.21 	must submit information showing that:
101.22 	(1) the information the commissioner relied upon in
101.23 	determining the underlying conduct that gave rise to the
101.24 	disqualification is incorrect;
101.25 	(2) for disqualifications under section 245C.15,
101.26 	subdivision 1, based on maltreatment, the information the
101.27 	commissioner relied upon in determining that maltreatment
101.28 	resulted in death or serious injury as defined under section
101.29 	245C.02, subdivision 18, is incorrect; or 
101.30 	(3) for disqualifications under section 245C.15,
101.31 	subdivision 4, based on maltreatment, the information the
101.32 	commissioner relied upon in determining that maltreatment was
101.33 	serious or recurring is incorrect; or .
101.34 	(3) (b) When a disqualified individual requests that the
101.35 	commissioner set aside a disqualification, the individual must
101.36 	submit information showing that:
102.1 	(1) the subject of the study does not pose a risk of harm
102.2 	to any person served by the applicant, license holder, or other
102.3 	entities as provided in this chapter, by addressing the
102.4 	information required under section 245C.22, subdivision 4; and 
102.5 	(2) the disqualified individual has received a notice
102.6 	stating that if the disqualification is set aside, the
102.7 	individual's identity and the individual's disqualifying
102.8 	characteristics will become public data.

102.9 	Sec. 14. Minnesota Statutes 2004, section 245C.21,
102.10 	subdivision 4, is amended to read:
102.11 		Subd. 4.Notice of request for reconsideration.  Upon
102.12 	request, the commissioner may inform the applicant, license
102.13 	holder, or other entities as provided in this chapter who
102.14 	received a notice of the individual's disqualification under
102.15 	section 245C.17, subdivision 3, or has the consent of the
102.16 	disqualified individual,whether the disqualified individual has
102.17 	requested reconsideration.

102.18 	Sec. 15. Minnesota Statutes 2004, section 245C.22, is
102.19 	amended by adding a subdivision to read:
102.20 		Subd. 7.Classification of certain data as public or
102.21 	private. (a) Notwithstanding section 13.46, upon setting aside
102.22 	a disqualification under this section, the identity of the
102.23 	disqualified individual who received the set aside and the
102.24 	individual's disqualifying characteristics are public data.
102.25 	(b) Notwithstanding section 13.46, upon granting a variance
102.26 	to a license holder under section 245C.30, the identity of the
102.27 	disqualified individual who is the subject of the variance, the
102.28 	individual's disqualifying characteristics, and the terms of the
102.29 	variance are public data.
102.30 	(c) The identity of a disqualified individual and the
102.31 	reason for disqualification remain private data when a
102.32 	disqualification is:
102.33 	(1) not set aside and no variance is granted; and 
102.34 	(2) rescinded because the information relied upon to
102.35 	disqualify the individual is incorrect.
102.36 	(d) Licensed family day care providers and child care
103.1 	centers must notify parents considering enrollment of a child or
103.2 	parents of a child attending the family day care or child care
103.3 	center if the program employs or has living in the home any
103.4 	person who is the subject of either a set-aside or variance.

103.5 	Sec. 16. Minnesota Statutes 2004, section 245C.23,
103.6 	subdivision 1, is amended to read:
103.7 		Subdivision 1.Commissioner's notice of disqualification
103.8 	that is rescinded or set aside. (a) Except as provided under
103.9 	paragraph (c),If the commissioner rescinds or sets aside a
103.10 	disqualification, the commissioner shall notify the applicant or
103.11 	license holder in writing or by electronic transmission of the
103.12 	decision. In the notice from the commissioner that a
103.13 	disqualification has been rescinded, the commissioner must
103.14 	inform the license holder that the information relied upon to
103.15 	disqualify the individual was incorrect.In the notice from the
103.16 	commissioner that a disqualification has been set aside, the
103.17 	commissioner must inform the license holder that information
103.18 	about the nature of the reason for the individual's 
103.19 	disqualification and which factors under section 245C.22,
103.20 	subdivision 4, were the basis of the decision to set aside the
103.21 	disqualification are available to the license holder upon
103.22 	request without the consent of the background study subject.
103.23 	(b) With the written consent of the background study
103.24 	subject, the commissioner may release to the license holder
103.25 	copies of all information related to the background study
103.26 	subject's disqualification and the commissioner's decision to
103.27 	set aside the disqualification as specified in the written
103.28 	consent.
103.29 	(c) If the individual studied submits a timely request for
103.30 	reconsideration under section 245C.21 and the license holder was
103.31 	previously sent a notice under section 245C.17, subdivision 3,
103.32 	paragraph (d), and if the commissioner sets aside the
103.33 	disqualification for that license holder under section 245C.22,
103.34 	the commissioner shall send the license holder the same
103.35 	notification received by license holders in cases where the
103.36 	individual studied has no disqualifying characteristic.

104.1 	Sec. 17. Minnesota Statutes 2004, section 245C.24,
104.2 	subdivision 2, is amended to read:
104.3 		Subd. 2.Permanent bar to set aside of a 
104.4 	disqualification. (a) Except as provided in paragraph (b),the
104.5 	commissioner may not set aside the disqualification of an
104.6 	individual in connection with a license to provide family child
104.7 	care for children, foster care for children in the provider's
104.8 	home, or foster care or day care services for adults in the
104.9 	provider's home,issued or in application status under chapter
104.10 	245A,regardless of how much time has passed, if the provider
104.11 	was disqualified for a crime or conduct listed in section
104.12 	245C.15, subdivision 1.
104.13 	(b) Unless the disqualification under section 245C.15,
104.14 	subdivision 1, relates to criminal sexual conduct or a license
104.15 	to provide family child care, child foster care, adult day
104.16 	services, or adult foster care in the license holder's
104.17 	residence, the commissioner is not prohibited from setting aside
104.18 	a disqualification according to section 245C.22, for an
104.19 	individual who, in addition to criteria under section 245A.22,
104.20 	demonstrates to the commissioner that:
104.21 	(1) the person was disqualified because of conduct
104.22 	prohibited by section 152.021, 152.022, 152.023, or 152.024;
104.23 	(2) the individual has successfully completed chemical
104.24 	dependency treatment from a program licensed by the Department
104.25 	of Human Services or operated by the Department of Corrections;
104.26 	(3) at least five years have passed since completion of the
104.27 	treatment program; and 
104.28 	(4) the individual has not engaged in any criminal or
104.29 	maltreatment behavior since completing treatment.

104.30 	Sec. 18. Minnesota Statutes 2004, section 245C.24,
104.31 	subdivision 3, is amended to read:
104.32 		Subd. 3.Ten-year bar to set aside disqualification.  (a)
104.33 	Except as provided in paragraph (d),the commissioner may not
104.34 	set aside the disqualification of an individual in connection
104.35 	with a license to provide family child care for children, foster
104.36 	care for children in the provider's home, or foster care or day
105.1 	care services for adults in the provider's home under chapter
105.2 	245A if:  (1) less than ten years has passed since the discharge
105.3 	of the sentence imposed, if any,for the offense; and (2) the
105.4 	individual has been convicted of disqualified for a violation of
105.5 	any of the following offenses:  sections 609.165 (felon
105.6 	ineligible to possess firearm); criminal vehicular homicide
105.7 	under 609.21 (criminal vehicular homicide and injury);609.215
105.8 	(aiding suicide or aiding attempted suicide); felony violations
105.9 	under 609.223 or 609.2231 (assault in the third or fourth
105.10 	degree); 609.713 (terroristic threats); 609.235 (use of drugs to
105.11 	injure or to facilitate crime); 609.24 (simple robbery); 609.255
105.12 	(false imprisonment); 609.562 (arson in the second degree);
105.13 	609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first
105.14 	degree or first degree tampering with a witness); burglary in
105.15 	the first or second degree under 609.582, subdivision
105.16 	2 (burglary in the second degree ); 609.66, subdivision 1, 1a,
105.17 	1b, 1c, 1d, 1f, 1g, or 1h (dangerous weapon); 609.665 (spring
105.18 	guns); 609.67 (machine guns and short-barreled shotguns);
105.19 	609.749, subdivision 2 (gross misdemeanor harassment; stalking);
105.20 	152.021 or 152.022 (controlled substance crime in the first or
105.21 	second degree); 152.023, subdivision 1, clause (3) or (4) or
105.22 	subdivision 2, clause (4) (controlled substance crime in the
105.23 	third degree); 152.024, subdivision 1, clause (2), (3), or (4)
105.24 	(controlled substance crime in the fourth degree);609.224,
105.25 	subdivision 2, paragraph (c) (fifth degree assault by a
105.26 	caregiver against a vulnerable adult); 609.23 (mistreatment of
105.27 	persons confined); 609.231 (mistreatment of residents or
105.28 	patients); 609.2325 (criminal abuse of a vulnerable adult);
105.29 	609.233 (criminal neglect of a vulnerable adult); 609.2335
105.30 	(financial exploitation of a vulnerable adult); 609.234 (failure
105.31 	to report); 609.265 (abduction); 609.2664 to 609.2665
105.32 	(manslaughter of an unborn child in the first or second degree);
105.33 	609.267 to 609.2672 (assault of an unborn child in the first,
105.34 	second, or third degree); 609.268 (injury or death of an unborn
105.35 	child in the commission of a crime);617.293 (disseminating or
105.36 	displaying harmful material to minors); a felony-level
106.1 	conviction involving alcohol or drug use, a gross misdemeanor
106.2 	offense under 609.324, subdivision 1 (other prohibited acts); a
106.3 	gross misdemeanor offense under 609.378 (neglect or endangerment
106.4 	of a child); a gross misdemeanor offense under 609.377
106.5 	(malicious punishment of a child); or 609.72, subdivision 3
106.6 	(disorderly conduct against a vulnerable adult).
106.7 	(b) The commissioner may not set aside the disqualification
106.8 	of an individual if less than ten years have passed since the
106.9 	individual's aiding and abetting,attempt,or conspiracy to
106.10 	commit any of the offenses listed in paragraph (a) as each of
106.11 	these offenses is defined in Minnesota Statutes.
106.12 	(c) The commissioner may not set aside the disqualification
106.13 	of an individual if less than ten years have passed since the
106.14 	discharge of the sentence imposed for an offense in any other
106.15 	state or country, the elements of which are substantially
106.16 	similar to the elements of any of the offenses listed in
106.17 	paragraph (a).
106.18 	(d) Unless the disqualification under paragraph (a) relates
106.19 	to a license to provide family child care, child foster care,
106.20 	adult day services, or adult foster care in the license holder's
106.21 	residence, the commissioner is not prohibited from setting aside
106.22 	a disqualification for disqualification listed in paragraph (a)
106.23 	according to section 245C.22, for an individual who, in addition
106.24 	to criteria under section 245A.22, demonstrates to the
106.25 	commissioner that:
106.26 	(1) the person was disqualified because of conduct
106.27 	prohibited by section 152.021, 152.022, 152.023, or 152.024;
106.28 	(2) the individual has successfully completed chemical
106.29 	dependency treatment from a program licensed by the Department
106.30 	of Human Services or operated by the Department of Corrections;
106.31 	(3) at least five years have passed since completion of the
106.32 	treatment program; and 
106.33 	(4) the individual has not engaged in any criminal or
106.34 	maltreatment behavior since completing treatment.

106.35 	Sec. 19. Minnesota Statutes 2004, section 245C.24,
106.36 	subdivision 4, is amended to read:
107.1 		Subd. 4.Seven-year bar to set aside disqualification.
 107.2 	(a) Except as provided in paragraph (b),the commissioner may
107.3 	not set aside the disqualification of an individual in
107.4 	connection with a license to provide family child care for
107.5 	children, foster care for children in the provider's home, or
107.6 	foster care or day care services for adults in the provider's
107.7 	home under chapter 245A if within seven years preceding the
107.8 	study:
107.9 	(1) the individual committed an act that constitutes was
107.10 	determined to be responsible for maltreatment of a child under
107.11 	section 626.556, subdivision 10e,and:
107.12 	(i) the maltreatment is a disqualification under section
107.13 	245C.15, subdivision 4;and
107.14 	(ii) the maltreatment resulted in substantial bodily harm
107.15 	as defined in section 609.02, subdivision 7a, or substantial
107.16 	mental or emotional harm as supported by competent psychological
107.17 	or psychiatric evidence; or
107.18 	(2) the individual was determined to be responsible for
107.19 	maltreatment under section 626.557to be the perpetrator of a
107.20 	substantiated incident of maltreatment of a vulnerable adult
107.21 	that , and:
107.22 	(i) the maltreatment is a disqualification under section
107.23 	245C.15, subdivision 4; and 
107.24 	(ii) the maltreatment resulted in substantial bodily harm
107.25 	as defined in section 609.02, subdivision 7a, or substantial
107.26 	mental or emotional harm as supported by competent psychological
107.27 	or psychiatric evidence.
107.28 	(b) Unless the disqualification under paragraph (a) relates
107.29 	to a license to provide family child care, child foster care,
107.30 	adult day services, or adult foster care in the license holder's
107.31 	residence, the commissioner is not prohibited from setting aside
107.32 	a disqualification for disqualification listed in paragraph (a)
107.33 	according to section 245C.22, for an individual who, in addition
107.34 	to criteria under section 245A.22, demonstrates to the
107.35 	commissioner that:
107.36 	(1) the person was disqualified because of conduct
108.1 	prohibited by section 152.021, 152.022, 152.023, or 152.024;
108.2 	(2) the individual has successfully completed chemical
108.3 	dependency treatment from a program licensed by the Department
108.4 	of Human Services or operated by the Department of Corrections;
108.5 	(3) at least five years have passed since completion of the
108.6 	treatment program; and 
108.7 	(4) the individual has not engaged in any criminal or
108.8 	maltreatment behavior since completing treatment.

108.9 	Sec. 20. Minnesota Statutes 2004, section 245C.24, is
108.10 	amended by adding a subdivision to read:
108.11 		Subd. 6.Notification of disqualifications. The
108.12 	commissioner shall expand notification of disqualifications to
108.13 	entities and inform the public about disqualifications as
108.14 	provided under this chapter and section 13.46.

108.15 	Sec. 21. Minnesota Statutes 2004, section 245C.30,
108.16 	subdivision 1, is amended to read:
108.17 		Subdivision 1.License holder variance.  (a) Except for
108.18 	any disqualification under section 245C.15, subdivision 1,when
108.19 	the commissioner has not set aside a background study subject's
108.20 	disqualification, and there are conditions under which the
108.21 	disqualified individual may provide direct contact services or
108.22 	have access to people receiving services that minimize the risk
108.23 	of harm to people receiving services, the commissioner may grant
108.24 	a time-limited variance to a license holder.
108.25 	(b) The variance shall state the reason for the
108.26 	disqualification, the services that may be provided by the
108.27 	disqualified individual, and the conditions with which the
108.28 	license holder or applicant must comply for the variance to
108.29 	remain in effect.
108.30 	(c) Except for programs licensed to provide family child
108.31 	care for children, foster care for children in the provider's
108.32 	own home, or foster care or day care services for adults in the
108.33 	provider's own home, the variance must be requested by the
108.34 	license holder.

108.35 	Sec. 22. Minnesota Statutes 2004, section 245C.30,
108.36 	subdivision 2, is amended to read:
109.1 		Subd. 2.Disclosure of reason for disqualification. (a) 
109.2 	The commissioner may not grant a variance for a disqualified
109.3 	individual unless the applicant or license holder requests the
109.4 	variance and the disqualified individual provides written
109.5 	consent for the commissioner to disclose to the applicant or
109.6 	license holder the reason for the disqualification; and the
109.7 	commissioner has documentation showing that the disqualified
109.8 	individual has been informed that if the variance is granted,
109.9 	the individual's identity, reason for disqualification, and
109.10 	terms of the variance will become public data.
109.11 	(b) This subdivision does not apply to programs licensed to
109.12 	provide family child care for children, foster care for children
109.13 	in the provider's own home, or foster care or day care services
109.14 	for adults in the provider's own home.

109.15 	Sec. 23. Minnesota Statutes 2004, section 626.557,
109.16 	subdivision 12b, is amended to read:
109.17 		Subd. 12b.Data management.  (a)  [COUNTY DATA.] In
109.18 	performing any of the duties of this section as a lead agency,
109.19 	the county social service agency shall maintain appropriate
109.20 	records.  Data collected by the county social service agency
109.21 	under this section are welfare data under section 13.46.
109.22 	Notwithstanding section 13.46, subdivision 1, paragraph (a),
109.23 	data under this paragraph that are inactive investigative data
109.24 	on an individual who is a vendor of services are private data on
109.25 	individuals, as defined in section 13.02.  The identity of the
109.26 	reporter may only be disclosed as provided in paragraph (c).
109.27 	Data maintained by the common entry point are confidential
109.28 	data on individuals or protected nonpublic data as defined in
109.29 	section 13.02.  Notwithstanding section 138.163, the common
109.30 	entry point shall destroy data three calendar years after date
109.31 	of receipt.
109.32 	(b)  [LEAD AGENCY DATA.] The commissioners of health and
109.33 	human services shall prepare an investigation memorandum for
109.34 	each report alleging maltreatment investigated under this
109.35 	section.  During an investigation by the commissioner of health
109.36 	or the commissioner of human services, data collected under this
110.1 	section are confidential data on individuals or protected
110.2 	nonpublic data as defined in section 13.02.  Upon completion of
110.3 	the investigation, the data are classified as provided in
110.4 	clauses (1) to (3) and paragraph (c).
110.5 	(1) The investigation memorandum must contain the following
110.6 	data, which are public:
110.7 	(i) the name of the facility investigated;
110.8 	(ii) a statement of the nature of the alleged maltreatment;
110.9 	(iii) pertinent information obtained from medical or other
110.10 	records reviewed;
110.11 	(iv) the identity of the investigator;
110.12 	(v) a summary of the investigation's findings;
110.13 	(vi) statement of whether the report was found to be
110.14 	substantiated, inconclusive, false, or that no determination
110.15 	will be made;
110.16 	(vii) a statement of any action taken by the facility;
110.17 	(viii) a statement of any action taken by the lead agency;
110.18 	and
110.19 	(ix) when a lead agency's determination has substantiated
110.20 	maltreatment, a statement of whether an individual, individuals,
110.21 	or a facility were responsible for the substantiated
110.22 	maltreatment, if known.
110.23 	The investigation memorandum must be written in a manner
110.24 	which protects the identity of the reporter and of the
110.25 	vulnerable adult and may not contain the names or, to the extent
110.26 	possible, data on individuals or private data listed in clause
110.27 	(2).
110.28 	(2) Data on individuals collected and maintained in the
110.29 	investigation memorandum are private data, including:
110.30 	(i) the name of the vulnerable adult;
110.31 	(ii) the identity of the individual alleged to be the
110.32 	perpetrator;
110.33 	(iii) the identity of the individual substantiated as the
110.34 	perpetrator; and
110.35 	(iv) the identity of all individuals interviewed as part of
110.36 	the investigation.
111.1 	(3) Other data on individuals maintained as part of an
111.2 	investigation under this section are private data on individuals
111.3 	upon completion of the investigation.
111.4 	(c)  [IDENTITY OF REPORTER.] The subject of the report may
111.5 	compel disclosure of the name of the reporter only with the
111.6 	consent of the reporter or upon a written finding by a court
111.7 	that the report was false and there is evidence that the report
111.8 	was made in bad faith.  This subdivision does not alter
111.9 	disclosure responsibilities or obligations under the Rules of
111.10 	Criminal Procedure, except that where the identity of the
111.11 	reporter is relevant to a criminal prosecution, the district
111.12 	court shall do an in-camera review prior to determining whether
111.13 	to order disclosure of the identity of the reporter.
111.14 	(d)  [DESTRUCTION OF DATA.] Notwithstanding section
111.15 	138.163, data maintained under this section by the commissioners
111.16 	of health and human services must be destroyed under the
111.17 	following schedule:
111.18 	(1) data from reports determined to be false, two years
111.19 	after the finding was made;
111.20 	(2) data from reports determined to be inconclusive, four
111.21 	years after the finding was made;
111.22 	(3) data from reports determined to be substantiated, seven 
111.23 	at least ten years after the finding was made; and
111.24 	(4) data from reports which were not investigated by a lead
111.25 	agency and for which there is no final disposition, two years
111.26 	from the date of the report.
111.27 	(e)  [SUMMARY OF REPORTS.] The commissioners of health and
111.28 	human services shall each annually report to the legislature and
111.29 	the governor on the number and type of reports of alleged
111.30 	maltreatment involving licensed facilities reported under this
111.31 	section, the number of those requiring investigation under this
111.32 	section, and the resolution of those investigations.  The report
111.33 	shall identify:
111.34 	(1) whether and where backlogs of cases result in a failure
111.35 	to conform with statutory time frames;
111.36 	(2) where adequate coverage requires additional
112.1 	appropriations and staffing; and
112.2 	(3) any other trends that affect the safety of vulnerable
112.3 	adults.
112.4 	(f)  [RECORD RETENTION POLICY.] Each lead agency must have
112.5 	a record retention policy.
112.6 	(g)  [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting
112.7 	authorities, and law enforcement agencies may exchange not
112.8 	public data, as defined in section 13.02, if the agency or
112.9 	authority requesting the data determines that the data are
112.10 	pertinent and necessary to the requesting agency in initiating,
112.11 	furthering, or completing an investigation under this section.
112.12 	Data collected under this section must be made available to
112.13 	prosecuting authorities and law enforcement officials, local
112.14 	county agencies, and licensing agencies investigating the
112.15 	alleged maltreatment under this section.  The lead agency shall
112.16 	exchange not public data with the vulnerable adult maltreatment
112.17 	review panel established in section 256.021 if the data are
112.18 	pertinent and necessary for a review requested under that
112.19 	section.  Upon completion of the review, not public data
112.20 	received by the review panel must be returned to the lead agency.
112.21 	(h)  [COMPLETION TIME.] Each lead agency shall keep records
112.22 	of the length of time it takes to complete its investigations.
112.23 	(i)  [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead
112.24 	agency may notify other affected parties and their authorized
112.25 	representative if the agency has reason to believe maltreatment
112.26 	has occurred and determines the information will safeguard the
112.27 	well-being of the affected parties or dispel widespread rumor or
112.28 	unrest in the affected facility.
112.29 	(j)  [FEDERAL REQUIREMENTS.] Under any notification
112.30 	provision of this section, where federal law specifically
112.31 	prohibits the disclosure of patient identifying information, a
112.32 	lead agency may not provide any notice unless the vulnerable
112.33 	adult has consented to disclosure in a manner which conforms to
112.34 	federal requirements.

112.35 	ARTICLE 7
112.36 	SEX OFFENDER
113.1 	MISCELLANEOUS, TECHNICAL, AND CONFORMING PROVISIONS

113.2 	Section 1. Minnesota Statutes 2004, section 13.871,
113.3 	subdivision 5, is amended to read:
113.4 		Subd. 5.Crime victims.  (a) [CRIME VICTIM NOTICE OF
113.5 	RELEASE.] Data on crime victims who request notice of an
113.6 	offender's release are classified under section 611A.06.
113.7 	(b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex
113.8 	offenders under section 611A.19, subdivision 2, are classified
113.9 	under that section.
113.10 	(c) [BATTERED WOMEN.] Data on battered women maintained by
113.11 	grantees for emergency shelter and support services for battered
113.12 	women are governed by section 611A.32, subdivision 5.
113.13 	(d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and
113.14 	victims of domestic abuse maintained by grantees and recipients
113.15 	of per diem payments for emergency shelter for battered women
113.16 	and support services for battered women and victims of domestic
113.17 	abuse are governed by sections 611A.32, subdivision 5, and
113.18 	611A.371, subdivision 3.
113.19 	(e) [PERSONAL HISTORY; INTERNAL AUDITING.] Certain personal
113.20 	history and internal auditing data is classified by section
113.21 	611A.46.
113.22 	(f) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and
113.23 	supporting documents filed by crime victims seeking reparations
113.24 	are classified under section 611A.57, subdivision 6.
113.25 	(g) [CRIME VICTIM OVERSIGHT ACT.] Data maintained by the
113.26 	commissioner of public safety under the Crime Victim Oversight
113.27 	Act are classified under section 611A.74, subdivision 2.
113.28 	(h) [VICTIM IDENTITY DATA.] Data relating to the identity
113.29 	of the victims of certain criminal sexual conduct is governed by
113.30 	section 609.3471.

113.31 	Sec. 2. Minnesota Statutes 2004, section 144.335, is
113.32 	amended by adding a subdivision to read:
113.33 		Subd. 3d.Criminal history information;
113.34 	classification. A provider that receives criminal history
113.35 	information about a patient from the Department of Corrections
113.36 	or the Department of Human Services must include that
114.1 	information in the patient's health record.  The criminal
114.2 	history information may only be used and disclosed as provided
114.3 	in this section and applicable federal law.

114.4 	Sec. 3. Minnesota Statutes 2004, section 241.67,
114.5 	subdivision 3, is amended to read:
114.6 		Subd. 3.Programs for adult offenders committed to the
114.7 	commissioner.  (a) The commissioner shall provide for a range of
114.8 	sex offender programs, including intensive sex offender
114.9 	programs, within the state adult correctional facility system.
114.10 	Participation in any program is subject to the rules and
114.11 	regulations of the Department of Corrections.  Nothing in this
114.12 	section requires the commissioner to accept or retain an
114.13 	offender in a program if the offender is determined by prison
114.14 	professionals as unamenable to programming within the prison
114.15 	system or if the offender refuses or fails to comply with the
114.16 	program's requirements.  Nothing in this section creates a right
114.17 	of an offender to treatment.
114.18 	(b) The commissioner shall develop a plan to provide for
114.19 	residential and outpatient sex offender programming and
114.20 	aftercare when required for conditional release under section
114.21 	609.108 or as a condition of supervised release. The plan may
114.22 	include co-payments from the offender, third-party payers, local
114.23 	agencies, or other funding sources as they are identified.

114.24 	Sec. 4. Minnesota Statutes 2004, section 242.195,
114.25 	subdivision 1, is amended to read:
114.26 		Subdivision 1.Sex offender programs.  (a) The
114.27 	commissioner of corrections shall develop a plan to provide for
114.28 	a range of sex offender programs, including intensive sex
114.29 	offender programs, for juveniles within state juvenile
114.30 	correctional facilities and through purchase of service from
114.31 	county and private residential and outpatient juvenile sex
114.32 	offender programs. The plan may include co-payments from the
114.33 	offenders, third-party payers, local agencies, and other funding
114.34 	sources as they are identified.
114.35 	(b) The commissioner shall establish and operate a
114.36 	residential sex offender program at one of the state juvenile
115.1 	correctional facilities.  The program must be structured to
115.2 	address both the therapeutic and disciplinary needs of juvenile
115.3 	sex offenders.  The program must afford long-term residential
115.4 	treatment for a range of juveniles who have committed sex
115.5 	offenses and have failed other treatment programs or are not
115.6 	likely to benefit from an outpatient or a community-based
115.7 	residential treatment program.

115.8 	Sec. 5. Minnesota Statutes 2004, section 243.166,
115.9 	subdivision 1, is amended to read:
115.10 		Subdivision 1.Registration required.  (a) A person shall
115.11 	register under this section if:
115.12 	(1) the person was charged with or petitioned for a felony
115.13 	violation of or attempt to violate any of the following, and
115.14 	convicted of or adjudicated delinquent for that offense or
115.15 	another offense arising out of the same set of circumstances:
115.16 	(i) murder under section 609.185, clause (2); or
115.17 	(ii) kidnapping under section 609.25; or
115.18 	(iii) criminal sexual conduct under section 609.342;
115.19 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
115.20 	609.3453;or
115.21 	(iv) indecent exposure under section 617.23, subdivision 3;
115.22 	or
115.23 	(2) the person was charged with or petitioned for falsely
115.24 	imprisoning a minor in violation of section 609.255, subdivision
115.25 	2; soliciting a minor to engage in prostitution in violation of
115.26 	section 609.322 or 609.324; soliciting a minor to engage in
115.27 	sexual conduct in violation of section 609.352; using a minor in
115.28 	a sexual performance in violation of section 617.246; or
115.29 	possessing pornographic work involving a minor in violation of
115.30 	section 617.247, and convicted of or adjudicated delinquent for
115.31 	that offense or another offense arising out of the same set of
115.32 	circumstances; or
115.33 	(3) the person was convicted of a predatory crime as
115.34 	defined in section 609.108, and the offender was sentenced as a
115.35 	patterned sex offender or the court found on its own motion or
115.36 	that of the prosecutor that the crime was part of a predatory
116.1 	pattern of behavior that had criminal sexual conduct as its goal 
116.2 	as a patterned sex offender under section 609.108; or
116.3 	(4) the person was convicted of or adjudicated delinquent
116.4 	for, including pursuant to a court martial, violating a law of
116.5 	the United States, including the Uniform Code of Military
116.6 	Justice, similar to the offenses described in clause (1), (2),
116.7 	or (3).
116.8 	(b) A person also shall register under this section if:
116.9 	(1) the person was convicted of or adjudicated delinquent
116.10 	in another state for an offense that would be a violation of a
116.11 	law described in paragraph (a) if committed in this state;
116.12 	(2) the person enters the state to reside, or to work or
116.13 	attend school; and
116.14 	(3) ten years have not elapsed since the person was
116.15 	released from confinement or, if the person was not confined,
116.16 	since the person was convicted of or adjudicated delinquent for
116.17 	the offense that triggers registration, unless the person is
116.18 	subject to lifetime registration, in which case the person must
116.19 	register for life regardless of when the person was released
116.20 	from confinement, convicted, or adjudicated delinquent.
116.21 	For purposes of this paragraph:
116.22 	(i) "school" includes any public or private educational
116.23 	institution, including any secondary school, trade or
116.24 	professional institution, or institution of higher education,
116.25 	that the person is enrolled in on a full-time or part-time
116.26 	basis; and
116.27 	(ii) "work" includes employment that is full time or part
116.28 	time for a period of time exceeding 14 days or for an aggregate
116.29 	period of time exceeding 30 days during any calendar year,
116.30 	whether financially compensated, volunteered, or for the purpose
116.31 	of government or educational benefit.
116.32 	(c) A person also shall register under this section if the
116.33 	person was committed pursuant to a court commitment order under
116.34 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
116.35 	a similar law of another state or the United States, regardless
116.36 	of whether the person was convicted of any offense.
117.1 	(d) A person also shall register under this section if:
117.2 	(1) the person was charged with or petitioned for a felony
117.3 	violation or attempt to violate any of the offenses listed in
117.4 	paragraph (a), clause (1), or a similar law of another state or
117.5 	the United States, or the person was charged with or petitioned
117.6 	for a violation of any of the offenses listed in paragraph (a),
117.7 	clause (2), or a similar law of another state or the United
117.8 	States;
117.9 	(2) the person was found not guilty by reason of mental
117.10 	illness or mental deficiency after a trial for that offense, or
117.11 	found guilty but mentally ill after a trial for that offense, in
117.12 	states with a guilty but mentally ill verdict; and
117.13 	(3) the person was committed pursuant to a court commitment
117.14 	order under section 253B.18 or a similar law of another state or
117.15 	the United States.
117.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
117.17 	and applies to crimes committed on or after that date.

117.18 	Sec. 6. Minnesota Statutes 2004, section 244.05,
117.19 	subdivision 6, is amended to read:
117.20 		Subd. 6.Intensive supervised release.  The commissioner
117.21 	may order that an inmate be placed on intensive supervised
117.22 	release for all or part of the inmate's supervised release or
117.23 	parole term if the commissioner determines that the action will
117.24 	further the goals described in section 244.14, subdivision 1,
117.25 	clauses (2), (3), and (4).  In addition, the commissioner may
117.26 	order that an inmate be placed on intensive supervised release
117.27 	for all of the inmate's conditional or supervised release term
117.28 	if the inmate was convicted of a sex offense under sections 
117.29 	section 609.342 to , 609.343, 609.344,609.345, or 609.3453or
117.30 	was sentenced under the provisions of section 609.108. The
117.31 	commissioner shall order that all level III sex offenders be
117.32 	placed on intensive supervised release for the entire supervised
117.33 	release, conditional release, or parole term.  As a condition of
117.34 	release, level III sex offenders must submit to polygraph tests
117.35 	at the commissioner's request.  The scope of the polygraph tests
117.36 	is limited to an offender's conditions of release while on
118.1 	intensive supervised release.The commissioner may impose
118.2 	appropriate conditions of release on the inmate including but
118.3 	not limited to unannounced searches of the inmate's person,
118.4 	vehicle, or premises by an intensive supervision agent;
118.5 	compliance with court-ordered restitution, if any; random drug
118.6 	testing; house arrest; daily curfews; frequent face-to-face
118.7 	contacts with an assigned intensive supervision agent; work,
118.8 	education, or treatment requirements; and electronic
118.9 	surveillance.  In addition, any sex offender placed on intensive
118.10 	supervised release may be ordered to participate in an
118.11 	appropriate sex offender program as a condition of release.  If
118.12 	the inmate violates the conditions of the intensive supervised
118.13 	release, the commissioner shall impose sanctions as provided in
118.14 	subdivision 3 and section 609.108.
118.15 	
EFFECTIVE DATE. This section is effective August 1, 2005,
118.16 	and applies to crimes committed on or after that date.

118.17 	Sec. 7. Minnesota Statutes 2004, section 244.05,
118.18 	subdivision 7, is amended to read:
118.19 		Subd. 7.Sex offenders; civil commitment determination.
 118.20 	(a) Before the commissioner releases from prison any inmate
118.21 	convicted under sections section 609.342 to , 609.343, 609.344,
118.22 	609.345, or 609.3453or sentenced as a patterned offender under
118.23 	section 609.108, and determined by the commissioner to be in a
118.24 	high risk category, the commissioner shall make a preliminary
118.25 	determination whether, in the commissioner's opinion, a petition
118.26 	under section 253B.185 may be appropriate.
118.27 	(b) In making this decision, the commissioner shall have
118.28 	access to the following data only for the purposes of the
118.29 	assessment and referral decision:
118.30 	(1) private medical data under section 13.384 or 144.335,
118.31 	or welfare data under section 13.46 that relate to medical
118.32 	treatment of the offender;
118.33 	(2) private and confidential court services data under
118.34 	section 13.84;
118.35 	(3) private and confidential corrections data under section
118.36 	13.85; and
119.1 	(4) private criminal history data under section 13.87.
119.2 	(c) If the commissioner determines that a petition may be
119.3 	appropriate, the commissioner shall forward this determination,
119.4 	along with a summary of the reasons for the determination, to
119.5 	the county attorney in the county where the inmate was convicted
119.6 	no later than 12 months before the inmate's release date.  If
119.7 	the inmate is received for incarceration with fewer than 12
119.8 	months remaining in the inmate's term of imprisonment, or if the
119.9 	commissioner receives additional information less than 12 months
119.10 	before release which makes the inmate's case appropriate for
119.11 	referral, the commissioner shall forward the determination as
119.12 	soon as is practicable.  Upon receiving the commissioner's
119.13 	preliminary determination, the county attorney shall proceed in
119.14 	the manner provided in section 253B.185.  The commissioner shall
119.15 	release to the county attorney all requested documentation
119.16 	maintained by the department.
119.17 	
EFFECTIVE DATE. This section is effective August 1, 2005,
119.18 	and applies to crimes committed on or after that date.

119.19 	Sec. 8. Minnesota Statutes 2004, section 253B.18,
119.20 	subdivision 5, is amended to read:
119.21 		Subd. 5.Petition; notice of hearing; attendance; order.
 119.22 	(a) A petition for an order of transfer, discharge, provisional
119.23 	discharge, or revocation of provisional discharge shall be filed
119.24 	with the commissioner and may be filed by the patient or by the
119.25 	head of the treatment facility.  A patient may not petition the
119.26 	special review board for six months following commitment under
119.27 	subdivision 3 or following the final disposition of any previous
119.28 	petition and subsequent appeal by the patient.  The medical
119.29 	director may petition at any time.
119.30 	(b) Fourteen days prior to the hearing, the committing
119.31 	court, the county attorney of the county of commitment, the
119.32 	designated agency, interested person, the petitioner, and the
119.33 	petitioner's counsel shall be given written notice by the
119.34 	commissioner of the time and place of the hearing before the
119.35 	special review board.  Only those entitled to statutory notice
119.36 	of the hearing or those administratively required to attend may
120.1 	be present at the hearing.  The patient may designate interested
120.2 	persons to receive notice by providing the names and addresses
120.3 	to the commissioner at least 21 days before the hearing.  The
120.4 	board shall provide the commissioner with written findings of
120.5 	fact and recommendations within 21 days of the hearing.  The
120.6 	commissioner shall issue an order no later than 14 days after
120.7 	receiving the recommendation of the special review board.  A
120.8 	copy of the order shall be sent by certified mail to every
120.9 	person entitled to statutory notice of the hearing within five
120.10 	days after it is signed.  No order by the commissioner shall be
120.11 	effective sooner than 30 days after the order is signed, unless
120.12 	the county attorney, the patient, and the commissioner agree
120.13 	that it may become effective sooner.
120.14 	(c) The special review board shall hold a hearing on each
120.15 	petition prior to making its recommendation to the
120.16 	commissioner.  The special review board proceedings are not
120.17 	contested cases as defined in chapter 14.  Any person or agency
120.18 	receiving notice that submits documentary evidence to the
120.19 	special review board prior to the hearing shall also provide
120.20 	copies to the patient, the patient's counsel, the county
120.21 	attorney of the county of commitment, the case manager, and the
120.22 	commissioner.
120.23 	(d) Prior to the final decision by the commissioner, the
120.24 	special review board may be reconvened to consider events or
120.25 	circumstances that occurred subsequent to the hearing.
120.26 	(e) In making their recommendations and order, the special
120.27 	review board and commissioner must consider any statements
120.28 	received from victims under subdivision 5a.
120.29 	
EFFECTIVE DATE. This section is effective August 1, 2005.

120.30 	Sec. 9. Minnesota Statutes 2004, section 253B.18, is
120.31 	amended by adding a subdivision to read:
120.32 		Subd. 5a.Victim notification of petition and release;
120.33 	right to submit statement. (a) As used in this subdivision:
120.34 	(1) "crime" has the meaning given to "violent crime" in
120.35 	section 609.1095, and includes criminal sexual conduct in the
120.36 	fifth degree and offenses within the definition of "crime
121.1 	against the person" in section 253B.02, subdivision 4a, and also
121.2 	includes offenses listed in section 253B.02, subdivision 7a,
121.3 	paragraph (b), regardless of whether they are sexually
121.4 	motivated;
121.5 	(2) "victim" means a person who has incurred loss or harm
121.6 	as a result of a crime the behavior for which forms the basis
121.7 	for a commitment under this section or section 253B.185; and 
121.8 	(3) "convicted" and "conviction" have the meanings given in
121.9 	section 609.02, subdivision 5, and also include juvenile court
121.10 	adjudications; findings under Minnesota Rules of Criminal
121.11 	Procedure, Rule 20.02, that the elements of a crime have been
121.12 	proved; and findings in commitment cases under this section or
121.13 	section 253B.185 that an act or acts constituting a crime
121.14 	occurred.
121.15 	(b) A county attorney who files a petition to commit a
121.16 	person under this section or section 253B.185 shall make a
121.17 	reasonable effort to provide prompt notice of filing the
121.18 	petition to any victim of a crime for which the person was
121.19 	convicted.  In addition, the county attorney shall make a
121.20 	reasonable effort to promptly notify the victim of the
121.21 	resolution of the petition.
121.22 	(c) Before provisionally discharging, discharging, granting
121.23 	pass-eligible status, approving a pass plan, or otherwise
121.24 	permanently or temporarily releasing a person committed under
121.25 	this section or section 253B.185 from a treatment facility, the
121.26 	head of the treatment facility shall make a reasonable effort to
121.27 	notify any victim of a crime for which the person was convicted
121.28 	that the person may be discharged or released and that the
121.29 	victim has a right to submit a written statement regarding
121.30 	decisions of the medical director, special review board, or
121.31 	commissioner with respect to the person.  To the extent
121.32 	possible, the notice must be provided at least 14 days before
121.33 	any special review board hearing or before a determination on a
121.34 	pass plan.
121.35 	(d) This subdivision applies only to victims who have
121.36 	requested notification by contacting, in writing, the county
122.1 	attorney in the county where the conviction for the crime
122.2 	occurred.  A county attorney who receives a request for
122.3 	notification under this paragraph shall promptly forward the
122.4 	request to the commissioner of human services.
122.5 	(e) The rights under this subdivision are in addition to
122.6 	rights available to a victim under chapter 611A.  This provision
122.7 	does not give a victim all the rights of a "notified person" or
122.8 	a person "entitled to statutory notice" under subdivision 4a,
122.9 	4b, or 5.
122.10 	
EFFECTIVE DATE. This section is effective August 1, 2005.

122.11 	Sec. 10. Minnesota Statutes 2004, section 609.108,
122.12 	subdivision 6, is amended to read:
122.13 		Subd. 6.Conditional release.  At the time of sentencing
122.14 	under subdivision 1, the court shall provide that after the
122.15 	offender has completed the sentence imposed, less any good time
122.16 	earned by an offender whose crime was committed before August 1,
122.17 	1993, the commissioner of corrections shall place the offender
122.18 	on conditional release for the remainder of the statutory
122.19 	maximum period, or for ten years, whichever is longer.
122.20 	The conditions of release may include successful completion
122.21 	of treatment and aftercare in a program approved by the
122.22 	commissioner, satisfaction of the release conditions specified
122.23 	in section 244.05, subdivision 6, and any other conditions the
122.24 	commissioner considers appropriate. For all level III sex
122.25 	offenders, the commissioner shall require as a condition of
122.26 	release that offenders submit to polygraph tests at the request
122.27 	of the commissioner.  The scope of the polygraph tests is
122.28 	limited to an offender's conditions of release while on
122.29 	conditional release.Before the offender is released, the
122.30 	commissioner shall notify the sentencing court, the prosecutor
122.31 	in the jurisdiction where the offender was sentenced, and the
122.32 	victim of the offender's crime, where available, of the terms of
122.33 	the offender's conditional release.  If the offender fails to
122.34 	meet any condition of release, the commissioner may revoke the
122.35 	offender's conditional release and order that the offender serve
122.36 	all or a part of the remaining portion of the conditional
123.1 	release term in prison.  The commissioner shall not dismiss the
123.2 	offender from supervision before the conditional release term
123.3 	expires.
123.4 	Conditional release granted under this subdivision is
123.5 	governed by provisions relating to supervised release, except as
123.6 	otherwise provided in this subdivision, section 244.04,
123.7 	subdivision 1, or 244.05.
123.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
123.9 	and applies to crimes committed on or after that date.

123.10 	Sec. 11. Minnesota Statutes 2004, section 609.108,
123.11 	subdivision 7, is amended to read:
123.12 		Subd. 7.Commissioner of corrections.  The commissioner
123.13 	shall develop a plan to pay the cost of treatment of a person
123.14 	released under subdivision 6. The plan may include co-payments
123.15 	from offenders, third-party payers, local agencies, or other
123.16 	funding sources as they are identified.This section does not
123.17 	require the commissioner to accept or retain an offender in a
123.18 	treatment program.

123.19 	Sec. 12. Minnesota Statutes 2004, section 609.109,
123.20 	subdivision 5, is amended to read:
123.21 		Subd. 5.Previous sex offense convictions.  For the
123.22 	purposes of this section, a conviction is considered a previous
123.23 	sex offense conviction if the person was convicted of a sex
123.24 	offense before the commission of the present offense of
123.25 	conviction.  A person has two previous sex offense convictions
123.26 	only if the person was convicted and sentenced for a sex offense
123.27 	committed after the person was earlier convicted and sentenced
123.28 	for a sex offense, both convictions preceded the commission of
123.29 	the present offense of conviction, and 15 years have not elapsed
123.30 	since the person was discharged from the sentence imposed for
123.31 	the second conviction.  A "sex offense" is a violation of
123.32 	sections 609.342 to 609.345 609.3453 or any similar statute of
123.33 	the United States, this state, or any other state.
123.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
123.35 	and applies to crimes committed on or after that date.

123.36 	Sec. 13. Minnesota Statutes 2004, section 609.109,
124.1 	subdivision 7, is amended to read:
124.2 		Subd. 7.Conditional release of sex offenders.  (a)
124.3 	Notwithstanding the statutory maximum sentence otherwise
124.4 	applicable to the offense or any provision of the Sentencing
124.5 	Guidelines, when a court sentences a person to prison for a
124.6 	violation of section 609.342, 609.343, 609.344, or 609.345, the
124.7 	court shall provide that after the person has completed the
124.8 	sentence imposed, the commissioner of corrections shall place
124.9 	the person on conditional release.  If the person was convicted
124.10 	for a violation of section 609.342, 609.343, 609.344, or
124.11 	609.345, the person shall be placed on conditional release for
124.12 	five years, minus the time the person served on supervised
124.13 	release.  If the person was convicted for a violation of one of
124.14 	those sections after a previous sex offense conviction as
124.15 	defined in subdivision 5, or sentenced under subdivision 6 to a
124.16 	mandatory departure, the person shall be placed on conditional
124.17 	release for ten years, minus the time the person served on
124.18 	supervised release.
124.19 	(b) The conditions of release may include successful
124.20 	completion of treatment and aftercare in a program approved by
124.21 	the commissioner, satisfaction of the release conditions
124.22 	specified in section 244.05, subdivision 6, and any other
124.23 	conditions the commissioner considers appropriate. For all
124.24 	level III sex offenders, the commissioner shall require as a
124.25 	condition of release that offenders submit to polygraph tests at
124.26 	the request of the commissioner.  The scope of the polygraph
124.27 	tests is limited to an offender's conditions of release while on
124.28 	conditional release.If the offender fails to meet any
124.29 	condition of release, the commissioner may revoke the offender's
124.30 	conditional release and order that the offender serve the
124.31 	remaining portion of the conditional release term in prison.
124.32 	The commissioner shall not dismiss the offender from supervision
124.33 	before the conditional release term expires.
124.34 	Conditional release under this subdivision is governed by
124.35 	provisions relating to supervised release, except as otherwise
124.36 	provided in this subdivision, section 244.04, subdivision 1, or
125.1 	244.05.
125.2 	(c) The commissioner shall develop a plan to pay the cost
125.3 	of treatment of a person released under this subdivision. The
125.4 	plan may include co-payments from offenders, third-party payers,
125.5 	local agencies, and other funding sources as they are
125.6 	identified.This section does not require the commissioner to
125.7 	accept or retain an offender in a treatment program.
125.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
125.9 	and applies to crimes committed on or after that date.

125.10 	Sec. 14. Minnesota Statutes 2004, section 609.117,
125.11 	subdivision 1, is amended to read:
125.12 		Subdivision 1.Upon sentencing.  The court shall order an
125.13 	offender to provide a biological specimen for the purpose of DNA
125.14 	analysis as defined in section 299C.155 when:
125.15 	(1) the court sentences a person charged with violating or
125.16 	attempting to violate any of the following, and the person is
125.17 	convicted of that offense or of any offense arising out of the
125.18 	same set of circumstances:
125.19 	(i) murder under section 609.185, 609.19, or 609.195;
125.20 	(ii) manslaughter under section 609.20 or 609.205;
125.21 	(iii) assault under section 609.221, 609.222, or 609.223;
125.22 	(iv) robbery under section 609.24 or aggravated robbery
125.23 	under section 609.245;
125.24 	(v) kidnapping under section 609.25;
125.25 	(vi) false imprisonment under section 609.255;
125.26 	(vii) criminal sexual conduct under section 609.342,
125.27 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
125.28 	609.3453;
125.29 	(viii) incest under section 609.365;
125.30 	(ix) burglary under section 609.582, subdivision 1; or
125.31 	(x) indecent exposure under section 617.23, subdivision 3;
125.32 	(2) the court sentences a person as a patterned sex
125.33 	offender under section 609.108; or
125.34 	(3) the juvenile court adjudicates a person a delinquent
125.35 	child who is the subject of a delinquency petition for violating
125.36 	or attempting to violate any of the following, and the
126.1 	delinquency adjudication is based on a violation of one of those
126.2 	sections or of any offense arising out of the same set of
126.3 	circumstances:
126.4 	(i) murder under section 609.185, 609.19, or 609.195;
126.5 	(ii) manslaughter under section 609.20 or 609.205;
126.6 	(iii) assault under section 609.221, 609.222, or 609.223;
126.7 	(iv) robbery under section 609.24 or aggravated robbery
126.8 	under section 609.245;
126.9 	(v) kidnapping under section 609.25;
126.10 	(vi) false imprisonment under section 609.255;
126.11 	(vii) criminal sexual conduct under section 609.342,
126.12 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
126.13 	609.3453;
126.14 	(viii) incest under section 609.365;
126.15 	(ix) burglary under section 609.582, subdivision 1; or
126.16 	(x) indecent exposure under section 617.23, subdivision 3.
126.17 	The biological specimen or the results of the analysis shall be
126.18 	maintained by the Bureau of Criminal Apprehension as provided in
126.19 	section 299C.155.
126.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
126.21 	and applies to crimes committed on or after that date.

126.22 	Sec. 15. Minnesota Statutes 2004, section 609.117,
126.23 	subdivision 2, is amended to read:
126.24 		Subd. 2.Before release.  The commissioner of corrections
126.25 	or local corrections authority shall order a person to provide a
126.26 	biological specimen for the purpose of DNA analysis before
126.27 	completion of the person's term of imprisonment when the person
126.28 	has not provided a biological specimen for the purpose of DNA
126.29 	analysis and the person:
126.30 	(1) is currently serving a term of imprisonment for or has
126.31 	a past conviction for violating or attempting to violate any of
126.32 	the following or a similar law of another state or the United
126.33 	States or initially charged with violating one of the following
126.34 	sections or a similar law of another state or the United States
126.35 	and convicted of another offense arising out of the same set of
126.36 	circumstances:
127.1 	(i) murder under section 609.185, 609.19, or 609.195;
127.2 	(ii) manslaughter under section 609.20 or 609.205;
127.3 	(iii) assault under section 609.221, 609.222, or 609.223;
127.4 	(iv) robbery under section 609.24 or aggravated robbery
127.5 	under section 609.245;
127.6 	(v) kidnapping under section 609.25;
127.7 	(vi) false imprisonment under section 609.255;
127.8 	(vii) criminal sexual conduct under section 609.342,
127.9 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
127.10 	609.3453;
127.11 	(viii) incest under section 609.365;
127.12 	(ix) burglary under section 609.582, subdivision 1; or
127.13 	(x) indecent exposure under section 617.23, subdivision 3;
127.14 	or
127.15 	(2) was sentenced as a patterned sex offender under section
127.16 	609.108, and committed to the custody of the commissioner of
127.17 	corrections; or
127.18 	(3) is serving a term of imprisonment in this state under a
127.19 	reciprocal agreement although convicted in another state of an
127.20 	offense described in this subdivision or a similar law of the
127.21 	United States or any other state.  The commissioner of
127.22 	corrections or local corrections authority shall forward the
127.23 	sample to the Bureau of Criminal Apprehension.
127.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
127.25 	and applies to crimes committed on or after that date.

127.26 	Sec. 16. Minnesota Statutes 2004, section 609.1351, is
127.27 	amended to read:
127.28 	609.1351 PETITION FOR CIVIL COMMITMENT.
127.29 	When a court sentences a person under section 609.108,
127.30 	609.342, 609.343, 609.344, or 609.345, or 609.3453,the court
127.31 	shall make a preliminary determination whether in the court's
127.32 	opinion a petition under section 253B.185 may be appropriate and
127.33 	include the determination as part of the sentencing order.  If
127.34 	the court determines that a petition may be appropriate, the
127.35 	court shall forward its preliminary determination along with
127.36 	supporting documentation to the county attorney.

128.1 	EFFECTIVE DATE. This section is effective August 1, 2005,
128.2 	and applies to crimes committed on or after that date.

128.3 	Sec. 17. Minnesota Statutes 2004, section 609.347, is
128.4 	amended to read:
128.5 	609.347 EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.
128.6 	Subdivision 1.  In a prosecution under sections 609.109or ,
128.7 	609.342 to 609.3451, or 609.3453, the testimony of a victim need
128.8 	not be corroborated.
128.9 	Subd. 2.  In a prosecution under sections 609.109or ,
128.10 	609.342 to 609.3451, or 609.3453,there is no need to show that
128.11 	the victim resisted the accused.
128.12 	Subd. 3.  In a prosecution under sections 609.109, 609.342
128.13 	to 609.3451, 609.3453,or 609.365, evidence of the victim's
128.14 	previous sexual conduct shall not be admitted nor shall any
128.15 	reference to such conduct be made in the presence of the jury,
128.16 	except by court order under the procedure provided in
128.17 	subdivision 4.  The evidence can be admitted only if the
128.18 	probative value of the evidence is not substantially outweighed
128.19 	by its inflammatory or prejudicial nature and only in the
128.20 	circumstances set out in paragraphs (a) and (b).  For the
128.21 	evidence to be admissible under paragraph (a), subsection (i),
128.22 	the judge must find by a preponderance of the evidence that the
128.23 	facts set out in the accused's offer of proof are true.  For the
128.24 	evidence to be admissible under paragraph (a), subsection (ii)
128.25 	or paragraph (b), the judge must find that the evidence is
128.26 	sufficient to support a finding that the facts set out in the
128.27 	accused's offer of proof are true, as provided under Rule 901 of
128.28 	the Rules of Evidence.
128.29 	(a) When consent of the victim is a defense in the case,
128.30 	the following evidence is admissible:
128.31 	(i) evidence of the victim's previous sexual conduct
128.32 	tending to establish a common scheme or plan of similar sexual
128.33 	conduct under circumstances similar to the case at issue.  In
128.34 	order to find a common scheme or plan, the judge must find that
128.35 	the victim made prior allegations of sexual assault which were
128.36 	fabricated; and
129.1 	(ii) evidence of the victim's previous sexual conduct with
129.2 	the accused.
129.3 	(b) When the prosecution's case includes evidence of semen,
129.4 	pregnancy, or disease at the time of the incident or, in the
129.5 	case of pregnancy, between the time of the incident and trial,
129.6 	evidence of specific instances of the victim's previous sexual
129.7 	conduct is admissible solely to show the source of the semen,
129.8 	pregnancy, or disease.
129.9 	Subd. 4.  The accused may not offer evidence described in
129.10 	subdivision 3 except pursuant to the following procedure:
129.11 	(a) A motion shall be made by the accused at least three
129.12 	business days prior to trial, unless later for good cause shown,
129.13 	setting out with particularity the offer of proof of the
129.14 	evidence that the accused intends to offer, relative to the
129.15 	previous sexual conduct of the victim;
129.16 	(b) If the court deems the offer of proof sufficient, the
129.17 	court shall order a hearing out of the presence of the jury, if
129.18 	any, and in such hearing shall allow the accused to make a full
129.19 	presentation of the offer of proof;
129.20 	(c) At the conclusion of the hearing, if the court finds
129.21 	that the evidence proposed to be offered by the accused
129.22 	regarding the previous sexual conduct of the victim is
129.23 	admissible under subdivision 3 and that its probative value is
129.24 	not substantially outweighed by its inflammatory or prejudicial
129.25 	nature, the court shall make an order stating the extent to
129.26 	which evidence is admissible.  The accused may then offer
129.27 	evidence pursuant to the order of the court;
129.28 	(d) If new information is discovered after the date of the
129.29 	hearing or during the course of trial, which may make evidence
129.30 	described in subdivision 3 admissible, the accused may make an
129.31 	offer of proof pursuant to clause (a) and the court shall order
129.32 	an in camera hearing to determine whether the proposed evidence
129.33 	is admissible by the standards herein.
129.34 	Subd. 5.  In a prosecution under sections 609.109or ,
129.35 	609.342 to 609.3451, or 609.3453, the court shall not instruct
129.36 	the jury to the effect that:
130.1 	(a) It may be inferred that a victim who has previously
130.2 	consented to sexual intercourse with persons other than the
130.3 	accused would be therefore more likely to consent to sexual
130.4 	intercourse again; or
130.5 	(b) The victim's previous or subsequent sexual conduct in
130.6 	and of itself may be considered in determining the credibility
130.7 	of the victim; or
130.8 	(c) Criminal sexual conduct is a crime easily charged by a
130.9 	victim but very difficult to disprove by an accused because of
130.10 	the heinous nature of the crime; or
130.11 	(d) The jury should scrutinize the testimony of the victim
130.12 	any more closely than it should scrutinize the testimony of any
130.13 	witness in any felony prosecution.
130.14 	Subd. 6.  (a) In a prosecution under sections 609.109or ,
130.15 	609.342 to 609.3451, or 609.3453,involving a psychotherapist
130.16 	and patient, evidence of the patient's personal or medical
130.17 	history is not admissible except when:
130.18 	(1) the accused requests a hearing at least three business
130.19 	days prior to trial and makes an offer of proof of the relevancy
130.20 	of the history; and
130.21 	(2) the court finds that the history is relevant and that
130.22 	the probative value of the history outweighs its prejudicial
130.23 	value.
130.24 	(b) The court shall allow the admission only of specific
130.25 	information or examples of conduct of the victim that are
130.26 	determined by the court to be relevant.  The court's order shall
130.27 	detail the information or conduct that is admissible and no
130.28 	other evidence of the history may be introduced.
130.29 	(c) Violation of the terms of the order is grounds for
130.30 	mistrial but does not prevent the retrial of the accused.
130.31 		Subd. 7.Effect of statute on rules. Rule 412 of the
130.32 	Rules of Evidence is superseded to the extent of its conflict
130.33 	with this section.
130.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
130.35 	and applies to crimes committed on or after that date.

130.36 	Sec. 18. Minnesota Statutes 2004, section 609.3471, is
131.1 	amended to read:
131.2 	609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
131.3 	CONFIDENTIAL.
131.4 	Notwithstanding any provision of law to the contrary, no
131.5 	data contained in records or reports relating to petitions,
131.6 	complaints, or indictments issued pursuant to section 609.342;
131.7 	609.343; 609.344; or 609.345; or 609.3453,which specifically
131.8 	identifies a victim who is a minor shall be accessible to the
131.9 	public, except by order of the court.  Nothing in this section
131.10 	authorizes denial of access to any other data contained in the
131.11 	records or reports, including the identity of the defendant.

131.12 	EFFECTIVE DATE. This section is effective August 1, 2005,
131.13 	and applies to crimes committed on or after that date.

131.14 	Sec. 19. Minnesota Statutes 2004, section 609.348, is
131.15 	amended to read:
131.16 	609.348 MEDICAL PURPOSES; EXCLUSION.
131.17 	Sections 609.109and ,609.342 to 609.3451, and 609.3453do
131.18 	not apply to sexual penetration or sexual contact when done for
131.19 	a bona fide medical purpose.

131.20 	EFFECTIVE DATE. This section is effective August 1, 2005,
131.21 	and applies to crimes committed on or after that date.

131.22 	Sec. 20. Minnesota Statutes 2004, section 609.353, is
131.23 	amended to read:
131.24 	609.353 JURISDICTION.
131.25 	A violation or attempted violation of section 609.342,
131.26 	609.343, 609.344, 609.345, 609.3451, 609.3453,or 609.352 may be
131.27 	prosecuted in any jurisdiction in which the violation originates
131.28 	or terminates.

131.29 	EFFECTIVE DATE. This section is effective August 1, 2005,
131.30 	and applies to crimes committed on or after that date.

131.31 	Sec. 21. Minnesota Statutes 2004, section 609.485,
131.32 	subdivision 2, is amended to read:
131.33 		Subd. 2.Acts prohibited.  Whoever does any of the
131.34 	following may be sentenced as provided in subdivision 4:
131.35 	(1) escapes while held pursuant to a lawful arrest, in
131.36 	lawful custody on a charge or conviction of a crime, or while
132.1 	held in lawful custody on an allegation or adjudication of a
132.2 	delinquent act;
132.3 	(2) transfers to another, who is in lawful custody on a
132.4 	charge or conviction of a crime, or introduces into an
132.5 	institution in which the latter is confined, anything usable in
132.6 	making such escape, with intent that it shall be so used;
132.7 	(3) having another in lawful custody on a charge or
132.8 	conviction of a crime, intentionally permits the other to
132.9 	escape;
132.10 	(4) escapes while in a facility designated under section
132.11 	253B.18, subdivision 1, pursuant to a court commitment order
132.12 	after a finding of not guilty by reason of mental illness or
132.13 	mental deficiency of a crime against the person, as defined in
132.14 	section 253B.02, subdivision 4a.  Notwithstanding section
132.15 	609.17, no person may be charged with or convicted of an attempt
132.16 	to commit a violation of this clause; or 
132.17 	(5) escapes while in a facility designated under section
132.18 	253B.18, subdivision 1, pursuant to a court commitment order
132.19 	under section 253B.185 or Minnesota Statutes 1992, section
132.20 	526.10; or 
132.21 	(6) escapes while on pass status or provisional discharge
132.22 	according to section 253B.18.
132.23 	For purposes of clause (1), "escapes while held in lawful
132.24 	custody" includes absconding from electronic monitoring or
132.25 	absconding after removing an electronic monitoring device from
132.26 	the person's body.
132.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
132.28 	and applies to crimes committed on or after that date.

132.29 	Sec. 22. Minnesota Statutes 2004, section 609.485,
132.30 	subdivision 4, is amended to read:
132.31 		Subd. 4.Sentence.  (a) Except as otherwise provided in
132.32 	subdivision 3a, whoever violates this section may be sentenced
132.33 	as follows:
132.34 	(1) if the person who escapes is in lawful custody for a
132.35 	felony, to imprisonment for not more than five years or to
132.36 	payment of a fine of not more than $10,000, or both;
133.1 	(2) if the person who escapes is in lawful custody after a
133.2 	finding of not guilty by reason of mental illness or mental
133.3 	deficiency of a crime against the person, as defined in section
133.4 	253B.02, subdivision 4a, or pursuant to a court commitment order
133.5 	under section 253B.185 or Minnesota Statutes 1992, section
133.6 	526.10, to imprisonment for not more than one year and one day
133.7 	or to payment of a fine of not more than $3,000, or both; or 
133.8 	(3) if the person who escapes is in lawful custody for a
133.9 	gross misdemeanor or misdemeanor, or if the person who escapes
133.10 	is in lawful custody on an allegation or adjudication of a
133.11 	delinquent act, to imprisonment for not more than one year or to
133.12 	payment of a fine of not more than $3,000, or both; or 
133.13 	(4) if the person who escapes is under civil commitment
133.14 	under sections 253B.18 and 253B.185, to imprisonment for not
133.15 	more than one year and one day or to payment of a fine of not
133.16 	more than $3,000, or both.
133.17 	(b) If the escape was a violation of subdivision 2, clause
133.18 	(1), (2), or (3), and was effected by violence or threat of
133.19 	violence against a person, the sentence may be increased to not
133.20 	more than twice those permitted in paragraph (a), clauses (1)
133.21 	and (3).
133.22 	(c) Unless a concurrent term is specified by the court, a
133.23 	sentence under this section shall be consecutive to any sentence
133.24 	previously imposed or which may be imposed for any crime or
133.25 	offense for which the person was in custody when the person
133.26 	escaped.
133.27 	(d) Notwithstanding paragraph (c), if a person who was
133.28 	committed to the commissioner of corrections under section
133.29 	260B.198 escapes from the custody of the commissioner while 18
133.30 	years of age, the person's sentence under this section shall
133.31 	commence on the person's 19th birthday or on the person's date
133.32 	of discharge by the commissioner of corrections, whichever
133.33 	occurs first.  However, if the person described in this clause
133.34 	is convicted under this section after becoming 19 years old and
133.35 	after having been discharged by the commissioner, the person's
133.36 	sentence shall commence upon imposition by the sentencing court.
134.1 	(e) Notwithstanding paragraph (c), if a person who is in
134.2 	lawful custody on an allegation or adjudication of a delinquent
134.3 	act while 18 years of age escapes from a local juvenile
134.4 	correctional facility, the person's sentence under this section
134.5 	begins on the person's 19th birthday or on the person's date of
134.6 	discharge from the jurisdiction of the juvenile court, whichever
134.7 	occurs first.  However, if the person described in this
134.8 	paragraph is convicted after becoming 19 years old and after
134.9 	discharge from the jurisdiction of the juvenile court, the
134.10 	person's sentence begins upon imposition by the sentencing court.
134.11 	(f) Notwithstanding paragraph (a), any person who escapes
134.12 	or absconds from electronic monitoring or removes an electric
134.13 	monitoring device from the person's body is guilty of a crime
134.14 	and shall be sentenced to imprisonment for not more than one
134.15 	year or to a payment of a fine of not more than $3,000, or
134.16 	both.  A person in lawful custody for a violation of section
134.17 	609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
134.18 	609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345,
134.19 	or 609.3451 who escapes or absconds from electronic monitoring
134.20 	or removes an electronic monitoring device while under sentence
134.21 	may be sentenced to imprisonment for not more than five years or
134.22 	to a payment of a fine of not more than $10,000, or both.
134.23 	
EFFECTIVE DATE. This section is effective August 1, 2005,
134.24 	and applies to crimes committed on or after that date.

134.25 	Sec. 23. Minnesota Statutes 2004, section 609.531,
134.26 	subdivision 1, is amended to read:
134.27 		Subdivision 1.Definitions.  For the purpose of sections
134.28 	609.531 to 609.5318, the following terms have the meanings given
134.29 	them.
134.30 	(a) "Conveyance device" means a device used for
134.31 	transportation and includes, but is not limited to, a motor
134.32 	vehicle, trailer, snowmobile, airplane, and vessel and any
134.33 	equipment attached to it.  The term "conveyance device" does not
134.34 	include property which is, in fact, itself stolen or taken in
134.35 	violation of the law.
134.36 	(b) "Weapon used" means a dangerous weapon as defined under
135.1 	section 609.02, subdivision 6, that the actor used or had in
135.2 	possession in furtherance of a crime.
135.3 	(c) "Property" means property as defined in section 609.52,
135.4 	subdivision 1, clause (1).
135.5 	(d) "Contraband" means property which is illegal to possess
135.6 	under Minnesota law.
135.7 	(e) "Appropriate agency" means the Bureau of Criminal
135.8 	Apprehension, the Minnesota Division of Driver and Vehicle
135.9 	Services, the Minnesota State Patrol, a county sheriff's
135.10 	department, the Suburban Hennepin Regional Park District park
135.11 	rangers, the Department of Natural Resources Division of
135.12 	Enforcement, the University of Minnesota Police Department, or a
135.13 	city or airport police department.
135.14 	(f) "Designated offense" includes:
135.15 	(1) for weapons used:  any violation of this chapter,
135.16 	chapter 152, or chapter 624;
135.17 	(2) for driver's license or identification card
135.18 	transactions:  any violation of section 171.22; and
135.19 	(3) for all other purposes:  a felony violation of, or a
135.20 	felony-level attempt or conspiracy to violate, section 325E.17;
135.21 	325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
135.22 	609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322;
135.23 	609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
135.24 	1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
135.25 	(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
135.26 	and (h) to (j); 609.352;609.42; 609.425; 609.466; 609.485;
135.27 	609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54;
135.28 	609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595;
135.29 	609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5,
135.30 	8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
135.31 	609.893; 609.895; 617.246; 617.247;or a gross misdemeanor or
135.32 	felony violation of section 609.891 or 624.7181; or any
135.33 	violation of section 609.324.
135.34 	(g) "Controlled substance" has the meaning given in section
135.35 	152.01, subdivision 4.
135.36 	
EFFECTIVE DATE. This section is effective August 1, 2005,
136.1 	and applies to crimes committed on or after that date.

136.2 	Sec. 24. Minnesota Statutes 2004, section 609.5312, is
136.3 	amended by adding a subdivision to read:
136.4 		Subd. 1a.Computers and related property subject to
136.5 	forfeiture. (a) As used in this subdivision, "property" has the
136.6 	meaning given in section 609.87, subdivision 6.
136.7 	(b) When a computer or a component part of a computer is
136.8 	used or intended for use to commit or facilitate the commission
136.9 	of a designated offense, the computer and all software, data,
136.10 	and other property contained in the computer are subject to
136.11 	forfeiture unless prohibited by the Privacy Protection Act,
136.12 	United States Code, title 42, sections 2000aa to 2000aa-12, or
136.13 	other state or federal law.
136.14 	(c) Regardless of whether a forfeiture action is initiated
136.15 	following the lawful seizure of a computer and related property,
136.16 	if the appropriate agency returns hardware, software, data, or
136.17 	other property to the owner, the agency may charge the owner for
136.18 	the cost of separating contraband from the computer or other
136.19 	property returned, including salary and contract costs.  The
136.20 	agency may not charge these costs to an owner of a computer or
136.21 	related property who was not privy to the act or omission upon
136.22 	which the seizure was based, or who did not have knowledge of or
136.23 	consent to the act or omission, if the owner:
136.24 	(1) requests from the agency copies of specified legitimate
136.25 	data files and provides sufficient storage media; or 
136.26 	(2) requests the return of a computer or other property
136.27 	less data storage devices on which contraband resides.
136.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
136.29 	and applies to crimes committed on or after that date.

136.30 	Sec. 25. Minnesota Statutes 2004, section 617.23,
136.31 	subdivision 2, is amended to read:
136.32 		Subd. 2.Gross misdemeanor.  A person who commits any of
136.33 	the following acts is guilty of a gross misdemeanor:
136.34 	(1) the person violates subdivision 1 in the presence of a
136.35 	minor under the age of 16; or 
136.36 	(2) the person violates subdivision 1 after having been
137.1 	previously convicted of violating subdivision 1, sections
137.2 	609.342 to 609.3451, or a statute from another state in
137.3 	conformity with any of those sections, is guilty of a gross
137.4 	misdemeanor.
137.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
137.6 	and applies to crimes committed on or after that date.

137.7 	Sec. 26. Minnesota Statutes 2004, section 617.23,
137.8 	subdivision 3, is amended to read:
137.9 		Subd. 3.Felony.  A person is guilty of a felony and may
137.10 	be sentenced to imprisonment for not more than five years or to
137.11 	payment of a fine of not more than $10,000, or both, if:
137.12 	(1) the person violates subdivision 2, clause (1), after
137.13 	having been previously convicted of or adjudicated delinquent
137.14 	for violating subdivision 2, clause (1); section 609.3451,
137.15 	subdivision 1, clause (2); or a statute from another state in
137.16 	conformity with subdivision 2, clause (1), or section 609.3451,
137.17 	subdivision 1, clause (2); or 
137.18 	(2) the person commits a violation of subdivision 1, clause
137.19 	(1), in the presence of another person while intentionally
137.20 	confining that person or otherwise intentionally restricting
137.21 	that person's freedom to move; or 
137.22 	(2) the person violates subdivision 1 in the presence of an
137.23 	unaccompanied minor under the age of 16.
137.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
137.25 	and applies to crimes committed on or after that date.

137.26 	Sec. 27. Minnesota Statutes 2004, section 631.045, is
137.27 	amended to read:
137.28 	631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.
137.29 	At the trial of a complaint or indictment for a violation
137.30 	of sections 609.109, 609.341 to 609.3451, 609.3453,or 617.246,
137.31 	subdivision 2, when a minor under 18 years of age is the person
137.32 	upon, with, or against whom the crime is alleged to have been
137.33 	committed, the judge may exclude the public from the courtroom
137.34 	during the victim's testimony or during all or part of the
137.35 	remainder of the trial upon a showing that closure is necessary
137.36 	to protect a witness or ensure fairness in the trial.  The judge
138.1 	shall give the prosecutor, defendant and members of the public
138.2 	the opportunity to object to the closure before a closure order.
138.3 	The judge shall specify the reasons for closure in an order
138.4 	closing all or part of the trial.  Upon closure the judge shall
138.5 	only admit persons who have a direct interest in the case.

138.6 	EFFECTIVE DATE. This section is effective August 1, 2005,
138.7 	and applies to crimes committed on or after that date.

138.8 	Sec. 28. CONCENTRATION OF LEVEL III SEX OFFENDERS; REPORT
138.9 	TO LEGISLATURE.
 138.10 	Each county which has level III sex offenders residing in
138.11 	that county, must annually report to the public safety and
138.12 	criminal justice policy committees in the senate and house on
138.13 	specific measures implemented by the county to alleviate the
138.14 	concentration of the residence of level III sex offenders in any
138.15 	neighborhood or neighborhoods of the county.  The report must be
138.16 	made by January 15 of each year.

138.17 	Sec. 29. REVISOR INSTRUCTION.
 138.18 	(a) The revisor of statutes shall renumber Minnesota
138.19 	Statutes, section 609.3452, as Minnesota Statutes, section
138.20 	609.3457, and correct cross-references.  In addition, the
138.21 	revisor shall delete the reference in Minnesota Statutes,
138.22 	section 13.871, subdivision 3, paragraph (d), to Minnesota
138.23 	Statutes, section 609.3452, and insert a reference to Minnesota
138.24 	Statutes, section 609.3457.  The revisor shall include a
138.25 	notation in Minnesota Statutes to inform readers of the statutes
138.26 	of the renumbering of Minnesota Statutes, section 609.3457.
138.27 	(b) In addition to the specific changes described in
138.28 	paragraph (a), the revisor of statutes shall make other
138.29 	technical changes necessitated by this act.

138.30 	ARTICLE 8
138.31 	PUBLIC SAFETY POLICY

138.32 	Section 1. Minnesota Statutes 2004, section 13.87,
138.33 	subdivision 3, is amended to read:
138.34 		Subd. 3.Internet access.  (a) The Bureau of Criminal
138.35 	Apprehension shall establish and maintain an Internet Web site
138.36 	containing public criminal history data by July 1, 2004.
139.1 	(b) Notwithstanding section 13.03, subdivision 3, paragraph
139.2 	(a), the bureau may charge a fee for Internet access to public
139.3 	criminal history data provided through August 1, 2005.  The fee
139.4 	may not exceed of $5 per inquiry or the amount needed to recoup
139.5 	the actual cost of implementing and providing Internet access,
139.6 	whichever is less.  Fees collected must be deposited in the
139.7 	general fund as a nondedicated receipt name searched.  The
139.8 	superintendent of the Bureau of Criminal Apprehension shall
139.9 	collect the fee and the receipts shall be directed to the
139.10 	noncriminal background account in the special revenue fund.
139.11 	(c) The Web site must include a notice to the subject of
139.12 	data of the right to contest the accuracy or completeness of
139.13 	data, as provided under section 13.04, subdivision 4, and
139.14 	provide a telephone number and address that the subject may
139.15 	contact for further information on this process.
139.16 	(d) The Web site must include the effective date of data
139.17 	that is posted.
139.18 	(e) The Web site must include a description of the types of
139.19 	criminal history data not available on the site, including
139.20 	arrest data, juvenile data, criminal history data from other
139.21 	states, federal data, data on convictions where 15 years have
139.22 	elapsed since discharge of the sentence, and other data that are
139.23 	not accessible to the public.
139.24 	(f) A person who intends to access the Web site to obtain
139.25 	information regarding an applicant for employment, housing, or
139.26 	credit must disclose to the applicant the intention to do so.
139.27 	The Web site must include a notice that a person obtaining such
139.28 	access must notify the applicant when a background check using
139.29 	this Web site has been conducted.
139.30 	(g) This subdivision does not create a civil cause of
139.31 	action on behalf of the data subject.
139.32 	(h) This subdivision expires July 31, 2007.
139.33 	
EFFECTIVE DATE. This section is effective July 1, 2005.

139.34 	Sec. 2. Minnesota Statutes 2004, section 116L.30, is
139.35 	amended to read:
139.36 	116L.30 GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.
140.1 		Subdivision 1.Grants. The commissioner may make grants
140.2 	to nonprofit agencies administering youth intervention programs
140.3 	in communities where the programs are or may be established.
140.4 	"Youth intervention program" means a nonresidential
140.5 	community-based program providing advocacy, education,
140.6 	counseling, mentoring,and referral services to youth and their
140.7 	families experiencing personal, familial, school, legal, or
140.8 	chemical problems with the goal of resolving the present
140.9 	problems and preventing the occurrence of the problems in the
140.10 	future. The intent of the youth intervention program is to
140.11 	provide an ongoing stable funding source to community-based
140.12 	early intervention programs for youth.  Program design may be
140.13 	different for the grantees depending on youth service needs of
140.14 	the communities being served.
140.15 		Subd. 2.Applications. Applications for a grant-in-aid
140.16 	shall be made by the administering agency to the commissioner.
140.17 	The grant-in-aid is contingent upon the agency having
140.18 	obtained from the community in which the youth intervention
140.19 	program is established local matching money two times the amount
140.20 	of the grant that is sought. The matching requirement is
140.21 	intended to leverage the investment of state and community
140.22 	dollars in supporting the efforts of the grantees to provide
140.23 	early intervention services to youth and their families.
140.24 	The commissioner shall provide the application form,
140.25 	procedures for making application form, criteria for review of
140.26 	the application, and kinds of contributions in addition to cash
140.27 	that qualify as local matching money.  No grant to any agency
140.28 	may exceed $50,000.
140.29 		Subd. 3.Grant allocation formula. Up to one percent of
140.30 	the appropriations to the grants-in-aid to the youth
140.31 	intervention program may be used for a grant to the Minnesota
140.32 	Youth Intervention Programs Association for expenses in
140.33 	providing collaborative training and technical assistance to
140.34 	community-based grantees of the program.
140.35 		Subd. 4.Administrative costs. The commissioner may use
140.36 	up to two percent of the biennial appropriation for
141.1 	grants-in-aid to the youth intervention program to pay costs
141.2 	incurred by the department in administering the youth
141.3 	intervention program.
141.4 	
EFFECTIVE DATE. This section is effective July 1, 2005.

141.5 	Sec. 3. Minnesota Statutes 2004, section 169.71,
141.6 	subdivision 1, is amended to read:
141.7 		Subdivision 1.Prohibitions generally; exceptions. No (a)
141.8 	A person shall not drive or operate any motor vehicle with:
141.9 	(1) a windshield cracked or discolored to an extent to
141.10 	limit or obstruct proper vision, or, except for law enforcement
141.11 	vehicles, with ;
141.12 	(2) any objects suspended between the driver and the
141.13 	windshield, other than sun visors and rear vision rearview 
141.14 	mirrors,;or with 
141.15 	(3) any sign, poster, or other nontransparent material upon
141.16 	the front windshield, sidewings, or side or rear windows of such 
141.17 	the vehicle, other than a certificate or other paper required to
141.18 	be so displayed by law,or authorized by the state director of
141.19 	the Division of Emergency Management,or the commissioner of
141.20 	public safety.
141.21 	(b) Paragraph (a), clauses (2) and (3), do not apply to law
141.22 	enforcement vehicles.
141.23 	(c) Paragraph (a), clause (2), does not apply to authorized
141.24 	emergency vehicles.
141.25 	
EFFECTIVE DATE. This section is effective July 1, 2005.

141.26 	Sec. 4. Minnesota Statutes 2004, section 214.04,
141.27 	subdivision 1, is amended to read:
141.28 		Subdivision 1.Services provided. (a) The commissioner
141.29 	of administration with respect to the Board of Electricity,;the
141.30 	commissioner of education with respect to the Board of
141.31 	Teaching,;the commissioner of public safety with respect to the
141.32 	Board of Private Detective and Protective Agent Services, and ;
141.33 	the panel established pursuant to section 299A.465, subdivision
141.34 	7;the Board of Peace Officer Standards and Training,;and the
141.35 	commissioner of revenue with respect to the Board of Assessors,
141.36 	shall provide suitable offices and other space, joint conference
142.1 	and hearing facilities, examination rooms, and the following
142.2 	administrative support services:  purchasing service, accounting
142.3 	service, advisory personnel services, consulting services
142.4 	relating to evaluation procedures and techniques, data
142.5 	processing, duplicating, mailing services, automated printing of
142.6 	license renewals, and such other similar services of a
142.7 	housekeeping nature as are generally available to other agencies
142.8 	of state government.  Investigative services shall be provided
142.9 	the boards by employees of the Office of Attorney General.  The
142.10 	commissioner of health with respect to the health-related
142.11 	licensing boards shall provide mailing and office supply
142.12 	services and may provide other facilities and services listed in
142.13 	this subdivision at a central location upon request of the
142.14 	health-related licensing boards.  The commissioner of commerce
142.15 	with respect to the remaining non-health-related licensing
142.16 	boards shall provide the above facilities and services at a
142.17 	central location for the remaining non-health-related licensing
142.18 	boards.  The legal and investigative services for the boards
142.19 	shall be provided by employees of the attorney general assigned
142.20 	to the departments servicing the boards.  Notwithstanding the
142.21 	foregoing, the attorney general shall not be precluded by this
142.22 	section from assigning other attorneys to service a board if
142.23 	necessary in order to insure competent and consistent legal
142.24 	representation.  Persons providing legal and investigative
142.25 	services shall to the extent practicable provide the services on
142.26 	a regular basis to the same board or boards.
142.27 	(b) The requirements in paragraph (a) with respect to the
142.28 	panel established in section 299A.465, subdivision 7, expire
142.29 	July 1, 2008.
142.30 	
EFFECTIVE DATE. This section is effective the day
142.31 	following final enactment.

142.32 	Sec. 5. Minnesota Statutes 2004, section 216D.08,
142.33 	subdivision 1, is amended to read:
142.34 		Subdivision 1.penalty penalties.  A person who is
142.35 	engaged in excavation for remuneration or an operator other than
142.36 	an operator subject to section 299F.59, subdivision 1, who
143.1 	violates sections 216D.01 to 216D.07 is subject to a civil
143.2 	penalty to be imposed by the commissioner not to exceed $1,000
143.3 	for each violation per day of violation. The district court may
143.4 	hear, try, and determine actions commenced under this section.
143.5 	Trials under this section must be to the court sitting without a
143.6 	jury.  If the fine exceeds the maximum limit for conciliation
143.7 	court, the person appealing the fine may request the
143.8 	commissioner to conduct an administrative hearing under chapter
143.9 	14.
143.10 	
EFFECTIVE DATE. This section is effective July 1, 2005.

143.11 	Sec. 6. Minnesota Statutes 2004, section 216D.08,
143.12 	subdivision 2, is amended to read:
143.13 		Subd. 2.Settlement.  The commissioner may negotiate a
143.14 	compromise settlement of a civil penalty.  In determining the
143.15 	amount of the penalty, or the amount of the compromise
143.16 	settlement, the commissioner shall consider the appropriateness
143.17 	of the penalty to the size of the business of the person
143.18 	charged, the gravity of the violation, and the good faith of the
143.19 	person charged in attempting to achieve compliance, after
143.20 	notification of a violation. Unless the commissioner chooses to
143.21 	proceed in district court under subdivision 1,the contested
143.22 	case and judicial review provisions of chapter 14 apply to the
143.23 	orders of the commissioner imposing a penalty under sections
143.24 	216D.01 to 216D.07.  The amount of the penalty, when finally
143.25 	determined, may be deducted from sums owing by the state of
143.26 	Minnesota to the person charged.
143.27 	
EFFECTIVE DATE. This section is effective July 1, 2005.

143.28 	Sec. 7. Minnesota Statutes 2004, section 259.11, is
143.29 	amended to read:
143.30 	259.11 ORDER; FILING COPIES.
143.31 	(a) Upon meeting the requirements of section 259.10, the
143.32 	court shall grant the application unless:  (1) it finds that
143.33 	there is an intent to defraud or mislead; (2) section 259.13
143.34 	prohibits granting the name change; or (3) in the case of the
143.35 	change of a minor child's name, the court finds that such name
143.36 	change is not in the best interests of the child.  The court
144.1 	shall set forth in the order the name and age of the applicant's
144.2 	spouse and each child of the applicant, if any, and shall state
144.3 	a description of the lands, if any, in which the applicant and
144.4 	the spouse and children, if any, claim to have an interest.  The
144.5 	court administrator shall file such order, and record the same
144.6 	in the judgment book.  If lands be described therein, a
144.7 	certified copy of the order shall be filed for record, by the
144.8 	applicant, with the county recorder of each county wherein any
144.9 	of the same are situated.  Before doing so the court
144.10 	administrator shall present the same to the county auditor who
144.11 	shall enter the change of name in the auditor's official records
144.12 	and note upon the instrument, over an official signature, the
144.13 	words "change of name recorded."  Any such order shall not be
144.14 	filed, nor any certified copy thereof be issued, until the
144.15 	applicant shall have paid to the county recorder and court
144.16 	administrator the fee required by law.  No application shall be
144.17 	denied on the basis of the marital status of the applicant.
144.18 	(b) When a person applies for a name change, the court
144.19 	shall determine whether the person has been convicted of a
144.20 	felony a criminal history in this or any other state. The court
144.21 	may conduct a search of national records through the Federal
144.22 	Bureau of Investigation by submitting a set of fingerprints and
144.23 	the appropriate fee to the Bureau of Criminal Apprehension.If
144.24 	so it is determined that the person has a criminal history in
144.25 	this or any other state, the court shall, within ten days after
144.26 	the name change application is granted, report the name change
144.27 	to the Bureau of Criminal Apprehension.  The person whose name
144.28 	is changed shall also report the change to the Bureau of
144.29 	Criminal Apprehension within ten days.  The court granting the
144.30 	name change application must explain this reporting duty in its
144.31 	order.  Any person required to report the person's name change
144.32 	to the Bureau of Criminal Apprehension who fails to report the
144.33 	name change as required under this paragraph is guilty of a
144.34 	gross misdemeanor.
144.35 	(c) Paragraph (b) does not apply to either:
144.36 	(1) a request for a name change as part of an application
145.1 	for a marriage license under section 517.08; or 
145.2 	(2) a request for a name change in conjunction with a
145.3 	marriage dissolution under section 518.27.

145.4 	EFFECTIVE DATE. This section is effective July 1, 2005.

145.5 	Sec. 8. Minnesota Statutes 2004, section 299A.465, is
145.6 	amended by adding a subdivision to read:
145.7 		Subd. 6.Determination of scope and duties. (a) Whenever
145.8 	a peace officer or firefighter has been approved to receive a
145.9 	duty-related disability pension, the officer or firefighter may
145.10 	apply to the panel established in subdivision 7 for a
145.11 	determination of whether or not the officer or firefighter meets
145.12 	the requirements in subdivision 1, paragraph (a), clause (2).
145.13 	In making this decision, the panel shall determine whether or
145.14 	not the officer's or firefighter's occupational duties or
145.15 	professional responsibilities put the officer or firefighter at
145.16 	risk for the type of illness or injury actually sustained.  A
145.17 	final determination by the panel is binding on the applicant and
145.18 	the employer, subject to any right of judicial review.
145.19 	Applications must be made within 90 days of receipt of approval
145.20 	of a duty-related pension and must be acted upon by the panel
145.21 	within 90 days of receipt.  Applications that are not acted upon
145.22 	within 90 days of receipt by the panel are approved.
145.23 	Applications and supporting documents are private data.
145.24 	(b) This subdivision expires July 1, 2008.
145.25 	
EFFECTIVE DATE. This section is effective July 1, 2005,
145.26 	and applies to duty-related pension approvals made on or after
145.27 	that date.

145.28 	Sec. 9. Minnesota Statutes 2004, section 299A.465, is
145.29 	amended by adding a subdivision to read:
145.30 		Subd. 7.Course and scope of duties panel. (a) A panel
145.31 	is established for the purpose set forth in subdivision 6,
145.32 	composed of the following seven members:
145.33 	(1) two members recommended by the Minnesota League of
145.34 	Cities or a successor;
145.35 	(2) one member recommended by the Association of Minnesota
145.36 	Counties or a successor;
146.1 	(3) two members recommended by the Minnesota Police and
146.2 	Peace Officers Association or a successor;
146.3 	(4) one member recommended by the Minnesota Professional
146.4 	Firefighters Association or a successor; and 
146.5 	(5) one nonorganizational member recommended by the six
146.6 	organizational members.
146.7 	(b) Recommendations must be forwarded to the commissioner
146.8 	of public safety who shall appoint the recommended members after
146.9 	determining that they were properly recommended.  Members shall
146.10 	serve for two years or until their successors have been seated.
146.11 	No member may serve more than three consecutive terms.
146.12 	Vacancies on the panel must be filled by recommendation by the
146.13 	organization whose representative's seat has been vacated.  A
146.14 	vacancy of the nonorganizational seat must be filled by the
146.15 	recommendation of the panel.  Vacancies may be declared by the
146.16 	panel in cases of resignation or when a member misses three or
146.17 	more consecutive meetings, or by a nominating organization when
146.18 	its nominee is no longer a member in good standing of the
146.19 	organization, an employee of the organization, or an employee of
146.20 	a member in good standing of the organization.  A member
146.21 	appointed because of a vacancy shall serve until the expiration
146.22 	of the vacated term.
146.23 	(c) Panel members shall be reimbursed for expenses related
146.24 	to their duties according to section 15.059, subdivision 3,
146.25 	paragraph (a), but shall not receive compensation or per diem
146.26 	payments.  The panel's proceedings and determinations constitute
146.27 	a quasi-judicial process and its operation must comply with
146.28 	chapter 14.  Membership on the panel does not constitute holding
146.29 	a public office and members of the panel are not required to
146.30 	take and file oaths of office or submit a public official's bond
146.31 	before serving on the panel.  No member of the panel may be
146.32 	disqualified from holding any public office or employment by
146.33 	reason of being appointed to the panel.  Members of the panel
146.34 	and staff or consultants working with the panel are covered by
146.35 	the immunity provision in section 214.34, subdivision 2.  The
146.36 	panel shall elect a chair and adopt rules of order.  The panel
147.1 	shall convene no later than July 1, 2005.
147.2 	(d) This subdivision expires July 1, 2008.
147.3 	
EFFECTIVE DATE. This section is effective the day
147.4 	following final enactment.

147.5 	Sec. 10. Minnesota Statutes 2004, section 299C.095,
147.6 	subdivision 1, is amended to read:
147.7 		Subdivision 1.Access to data on juveniles.  (a) The
147.8 	bureau shall administer and maintain the computerized juvenile
147.9 	history record system based on sections 260B.171 and 260C.171
147.10 	and other statutes requiring the reporting of data on
147.11 	juveniles.  The data in the system are private data as defined
147.12 	in section 13.02, subdivision 12, but are accessible to criminal
147.13 	justice agencies as defined in section 13.02, subdivision 3a, to
147.14 	all trial courts and appellate courts, to a person who has
147.15 	access to the juvenile court records as provided in sections
147.16 	260B.171 and 260C.171 or under court rule, to public defenders
147.17 	as provided in section 611.272, and to criminal justice agencies
147.18 	in other states in the conduct of their official duties.
147.19 	(b) Except for access authorized under paragraph (a), the
147.20 	bureau shall only disseminate a juvenile adjudication history
147.21 	record in connection with a background check required by statute
147.22 	or rule and performed on a licensee, license applicant, or
147.23 	employment applicant or performed under section 299C.62 or
147.24 	624.713.  If the background check is performed under section
147.25 	299C.62, juvenile adjudication history disseminated under this
147.26 	paragraph is limited to offenses that would constitute a
147.27 	background check crime as defined in section 299C.61,
147.28 	subdivision 2.  A consent for release of information from an
147.29 	individual who is the subject of a juvenile adjudication history
147.30 	is not effective and the bureau shall not release a juvenile
147.31 	adjudication history record and shall not release information in
147.32 	a manner that reveals the existence of the record. Data
147.33 	maintained under section 243.166, released in conjunction with a
147.34 	background check, regardless of the age of the offender at the
147.35 	time of the offense, does not constitute releasing information
147.36 	in a manner that reveals the existence of a juvenile
148.1 	adjudication history.
148.2 	
EFFECTIVE DATE. This section is effective July 1, 2005.

148.3 	Sec. 11. Minnesota Statutes 2004, section 299C.11, is
148.4 	amended to read:
148.5 	299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.
148.6 	(a) Each sheriff and chief of police shall furnish the
148.7 	bureau, upon such form as the superintendent shall prescribe,
148.8 	with such finger and thumb prints, photographs, distinctive
148.9 	physical mark identification data, information on known aliases
148.10 	and street names, and other identification data as may be
148.11 	requested or required by the superintendent of the bureau, which
148.12 	must be taken under the provisions of section 299C.10.  In
148.13 	addition, sheriffs and chiefs of police shall furnish this
148.14 	identification data to the bureau for individuals found to have
148.15 	been convicted of a felony, gross misdemeanor, or targeted
148.16 	misdemeanor, within the ten years immediately preceding their
148.17 	arrest. When the bureau learns that an individual who is the
148.18 	subject of a background check has used, or is using, identifying
148.19 	information, including, but not limited to, name and date of
148.20 	birth, other than those listed on the criminal history, the
148.21 	bureau may add the new identifying information to the criminal
148.22 	history when supported by fingerprints.
148.23 	(b) No petition under chapter 609A is required if the
148.24 	person has not been convicted of any felony or gross
148.25 	misdemeanor, either within or without the state, within the
148.26 	period of ten years immediately preceding the determination of
148.27 	all pending criminal actions or proceedings in favor of the
148.28 	arrested person, and either of the following occurred:
148.29 	(1) all charges were dismissed prior to a determination of
148.30 	probable cause; or
148.31 	(2) the prosecuting authority declined to file any charges
148.32 	and a grand jury did not return an indictment.
148.33 	Where these conditions are met, the bureau or agency shall, upon
148.34 	demand, return to the arrested person finger and thumb prints,
148.35 	photographs, distinctive physical mark identification data,
148.36 	information on known aliases and street names, and other
149.1 	identification data, and all copies and duplicates of them.
149.2 	(c) Except as otherwise provided in paragraph (b), upon the
149.3 	determination of all pending criminal actions or proceedings in
149.4 	favor of the arrested person, and the granting of the petition
149.5 	of the arrested person under chapter 609A, the bureau shall seal
149.6 	finger and thumb prints, photographs, distinctive physical mark
149.7 	identification data, information on known aliases and street
149.8 	names, and other identification data, and all copies and
149.9 	duplicates of them if the arrested person has not been convicted
149.10 	of any felony or gross misdemeanor, either within or without the
149.11 	state, within the period of ten years immediately preceding such
149.12 	determination.
149.13 	(d) DNA samples and DNA records of the arrested person
149.14 	shall not be returned, sealed, or destroyed as to a charge
149.15 	supported by probable cause.
149.16 	(e) For purposes of this section:
149.17 	(1) "determination of all pending criminal actions or
149.18 	proceedings in favor of the arrested person" does not include:
149.19 	(i) the sealing of a criminal record pursuant to section
149.20 	152.18, subdivision 1, 242.31, or chapter 609A;
149.21 	(ii) the arrested person's successful completion of a
149.22 	diversion program;
149.23 	(iii) an order of discharge under section 609.165; or
149.24 	(iv) a pardon granted under section 638.02; and
149.25 	(2) "targeted misdemeanor" has the meaning given in section
149.26 	299C.10, subdivision 1.

149.27 	EFFECTIVE DATE. This section is effective July 1, 2005.

149.28 	Sec. 12. Minnesota Statutes 2004, section 326.3382, is
149.29 	amended by adding a subdivision to read:
149.30 		Subd. 5.Special protective agent classification. The
149.31 	board shall establish a special protective agent license
149.32 	classification that provides that a person described in section
149.33 	326.338, subdivision 4, clause (4), who is otherwise qualified
149.34 	under this section need not meet the requirements of subdivision
149.35 	2, paragraph (c).
149.36 	
EFFECTIVE DATE. This section is effective July 1, 2005.

150.1 	Sec. 13. Minnesota Statutes 2004, section 518B.01, is
150.2 	amended by adding a subdivision to read:
150.3 		Subd. 23.Prohibition against employer retaliation. (a)
150.4 	An employer shall not discharge, discipline, threaten, otherwise
150.5 	discriminate against, or penalize an employee regarding the
150.6 	employee's compensation, terms, conditions, location, or
150.7 	privileges of employment, because the employee took reasonable
150.8 	time off from work to obtain or attempt to obtain relief under
150.9 	this chapter.  Except in cases of imminent danger to the health
150.10 	or safety of the employee or the employee's child, an employee
150.11 	who is absent from the workplace shall give reasonable advance
150.12 	notice to the employer.  Upon request of the employer, the
150.13 	employee shall provide verification that supports the employee's
150.14 	reason for being absent from the workplace.  All information
150.15 	related to the employee's leave pursuant to this section shall
150.16 	be kept confidential by the employer.
150.17 	(b) An employer who violates paragraph (a) is guilty of a
150.18 	misdemeanor and may be punished for contempt of court.  In
150.19 	addition, the court shall order the employer to pay back wages
150.20 	and offer job reinstatement to any employee discharged from
150.21 	employment in violation of paragraph (a).
150.22 	(c) In addition to any remedies otherwise provided by law,
150.23 	an employee injured by a violation of paragraph (a) may bring a
150.24 	civil action for recovery of damages, together with costs and
150.25 	disbursements, including reasonable attorney fees, and may
150.26 	receive such injunctive and other equitable relief, including
150.27 	reinstatement, as determined by the court.  Total damages
150.28 	recoverable under this subdivision shall not exceed lost wages
150.29 	for six weeks.
150.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
150.31 	and applies to crimes committed on or after that date.

150.32 	Sec. 14. Minnesota Statutes 2004, section 609.748, is
150.33 	amended by adding a subdivision to read:
150.34 		Subd. 10.Prohibition against employer retaliation. (a)
150.35 	An employer shall not discharge, discipline, threaten, otherwise
150.36 	discriminate against, or penalize an employee regarding the
151.1 	employee's compensation, terms, conditions, location, or
151.2 	privileges of employment, because the employee took reasonable
151.3 	time off from work to obtain or attempt to obtain relief under
151.4 	this section.  Except in cases of imminent danger to the health
151.5 	or safety of the employee or the employee's child, an employee
151.6 	who is absent from the workplace shall give reasonable advance
151.7 	notice to the employer.  Upon request of the employer, the
151.8 	employee shall provide verification that supports the employee's
151.9 	reason for being absent from the workplace.  All information
151.10 	related to the employee's leave pursuant to this section shall
151.11 	be kept confidential by the employer.
151.12 	(b) An employer who violates paragraph (a) is guilty of a
151.13 	misdemeanor and may be punished for contempt of court.  In
151.14 	addition, the court shall order the employer to pay back wages
151.15 	and offer job reinstatement to any employee discharged from
151.16 	employment in violation of paragraph (a).
151.17 	(c) In addition to any remedies otherwise provided by law,
151.18 	an employee injured by a violation of paragraph (a) may bring a
151.19 	civil action for recovery of damages, together with costs and
151.20 	disbursements, including reasonable attorney fees, and may
151.21 	receive such injunctive and other equitable relief, including
151.22 	reinstatement, as determined by the court.  Total damages
151.23 	recoverable under this subdivision shall not exceed lost wages
151.24 	for six weeks.
151.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
151.26 	and applies to crimes committed on or after that date.

151.27 	Sec. 15. Minnesota Statutes 2004, section 611A.01, is
151.28 	amended to read:
151.29 	611A.01 DEFINITIONS.
151.30 	For the purposes of sections 611A.01 to 611A.06:
151.31 	(a) "crime" means conduct that is prohibited by local
151.32 	ordinance and results in bodily harm to an individual; or
151.33 	conduct that is included within the definition of "crime" in
151.34 	section 609.02, subdivision 1, or would be included within that
151.35 	definition but for the fact that (i) the person engaging in the
151.36 	conduct lacked capacity to commit the crime under the laws of
152.1 	this state, or (ii) the act was alleged or found to have been
152.2 	committed by a juvenile;
152.3 	(b) "victim" means a natural person who incurs loss or harm
152.4 	as a result of a crime, including a good faith effort to prevent
152.5 	a crime, and for purposes of sections 611A.04 and 611A.045, also
152.6 	includes (i) a corporation that incurs loss or harm as a result
152.7 	of a crime, (ii) a government entity that incurs loss or harm as
152.8 	a result of a crime, and (iii) any other entity authorized to
152.9 	receive restitution under section 609.10 or 609.125. If the
152.10 	victim is a natural person and is deceased, "victim" means the
152.11 	deceased's surviving spouse or next of kin The term "victim"
152.12 	includes the family members, guardian, or custodian of a minor,
152.13 	incompetent, incapacitated, or deceased person.  In a case where
152.14 	the prosecutor finds that the number of family members makes it
152.15 	impracticable to accord all of the family members the rights
152.16 	described in sections 611A.02 to 611A.0395, the prosecutor shall
152.17 	establish a reasonable procedure to give effect to those
152.18 	rights.  The procedure may not limit the number of victim impact
152.19 	statements submitted to the court under section 611A.038.  The
152.20 	term "victim" does not include the person charged with or
152.21 	alleged to have committed the crime; and
152.22 	(c) "juvenile" has the same meaning as given to the term
152.23 	"child" in section 260B.007, subdivision 3.

152.24 	EFFECTIVE DATE. This section is effective July 1, 2005.

152.25 	Sec. 16. Minnesota Statutes 2004, section 611A.036, is
152.26 	amended to read:
152.27 	611A.036 PROHIBITION AGAINST EMPLOYER RETALIATION.
152.28 		Subdivision 1.Victim or witness. An employer or
152.29 	employer's agent who threatens to discharge or discipline must
152.30 	allow a victim or witness, or who discharges, disciplines, or
152.31 	causes a victim or witness to be discharged from employment or
152.32 	disciplined because the victim or the witness who is subpoenaed
152.33 	or requested by the prosecutor to attend court for the purpose
152.34 	of giving testimony, is guilty of a misdemeanor and may be
152.35 	punished for contempt of court.  In addition, the court shall
152.36 	order the employer to offer job reinstatement to any victim or
153.1 	witness discharged from employment in violation of this section,
153.2 	and to pay the victim or witness back wages as
153.3 	appropriate reasonable time off from work to attend criminal
153.4 	proceedings related to the victim's case.
153.5 	Subd. 2.[VICTIM'S SPOUSE OR NEXT OF KIN.] An employer
153.6 	must allow a victim of a heinous crime, as well as the victim's
153.7 	spouse or next of kin, reasonable time off from work to attend
153.8 	criminal proceedings related to the victim's case.
153.9 		Subd. 3.Prohibited acts. An employer shall not
153.10 	discharge, discipline, threaten, otherwise discriminate against,
153.11 	or penalize an employee regarding the employee's compensation,
153.12 	terms, conditions, location, or privileges of employment,
153.13 	because the employee took reasonable time off from work to
153.14 	attend a criminal proceeding pursuant to this section.
153.15 		Subd. 4.Verification; confidentiality. An employee who
153.16 	is absent from the workplace shall give reasonable advance
153.17 	notice to the employer, unless an emergency prevents the
153.18 	employee from doing so.  Upon request of the employer, the
153.19 	employee shall provide verification that supports the employee's
153.20 	reason for being absent from the workplace.  All information
153.21 	related to the employee's leave pursuant to this section shall
153.22 	be kept confidential by the employer.
153.23 		Subd. 5.Penalty. An employer who violates this section
153.24 	is guilty of a misdemeanor and may be punished for contempt of
153.25 	court.  In addition, the court shall order the employer to offer
153.26 	job reinstatement to any employee discharged from employment in
153.27 	violation of this section, and to pay the employee back wages as
153.28 	appropriate.
153.29 		Subd. 6.Civil action. In addition to any remedies
153.30 	otherwise provided by law, an employee injured by a violation of
153.31 	this section may bring a civil action for recovery for damages,
153.32 	together with costs and disbursements, including reasonable
153.33 	attorney fees, and may receive such injunctive and other
153.34 	equitable relief, including reinstatement, as determined by the
153.35 	court.  Total damages recoverable under this section shall not
153.36 	exceed lost wages for six weeks.
154.1 		Subd. 7.Definition. As used in this section, "heinous
154.2 	crime" means:
154.3 	(1) a violation or attempted violation of section 609.185
154.4 	or 609.19;
154.5 	(2) a violation of section 609.195 or 609.221; or 
154.6 	(3) a violation of section 609.342, 609.343, or 609.344, if
154.7 	the offense was committed with force or violence or if the
154.8 	complainant was a minor at the time of the offense.
154.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
154.10 	and applies to crimes committed on or after that date.

154.11 	Sec. 17. Minnesota Statutes 2004, section 611A.19, is
154.12 	amended to read:
154.13 	611A.19 TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY
154.14 	VIRUS.
154.15 		Subdivision 1.Testing on request of victim. (a) Upon
154.16 	the request or with the consent of the victim, the prosecutor
154.17 	shall make a motion in camera and the sentencing court shall
154.18 	issue an order requiring an adult convicted of or a juvenile
154.19 	adjudicated delinquent for violating section 609.342 (criminal
154.20 	sexual conduct in the first degree), 609.343 (criminal sexual
154.21 	conduct in the second degree), 609.344 (criminal sexual conduct
154.22 	in the third degree), 609.345 (criminal sexual conduct in the
154.23 	fourth degree), or any other violent crime, as defined in
154.24 	section 609.1095, to submit to testing to determine the presence
154.25 	of human immunodeficiency virus (HIV) antibody if:
154.26 	(1) the crime involved sexual penetration, however slight,
154.27 	as defined in section 609.341, subdivision 12; or
154.28 	(2) evidence exists that the broken skin or mucous membrane
154.29 	of the victim was exposed to or had contact with the offender's
154.30 	semen or blood during the commission of the crime in a manner
154.31 	which has been demonstrated epidemiologically to transmit the
154.32 	human immunodeficiency virus (HIV).
154.33 	(b) When the court orders an offender to submit to testing
154.34 	under paragraph (a), the court shall order that the test be
154.35 	performed by an appropriate health professional who is trained
154.36 	to provide the counseling described in section 144.7414, and
155.1 	that no reference to the test, the motion requesting the test,
155.2 	the test order, or the test results may appear in the criminal
155.3 	record or be maintained in any record of the court or court
155.4 	services, except in the medical record maintained by the
155.5 	Department of Corrections.
155.6 	(c) The order shall include the name and contact
155.7 	information of the victim's choice of health care provider.
155.8 		Subd. 2.Disclosure of test results. The date and
155.9 	results of a test performed under subdivision 1 are private data
155.10 	as defined in section 13.02, subdivision 12, when maintained by
155.11 	a person subject to chapter 13, or may be released only with the
155.12 	subject's consent, if maintained by a person not subject to
155.13 	chapter 13.  The results are available, on request, to the
155.14 	victim or, if the victim is a minor, to the victim's parent or
155.15 	guardian and positive test results shall be reported to the
155.16 	commissioner of health.  Any test results shall be given to a
155.17 	victim or victim's parent or guardian shall be provided by a
155.18 	health professional who is trained to provide the counseling
155.19 	described in section 144.7414by the Department of Correction's
155.20 	medical director to the victim's health care provider who shall
155.21 	give the results to the victim or victim's parent or guardian.
155.22 	Data regarding administration and results of the test are not
155.23 	accessible to any other person for any purpose and shall not be
155.24 	maintained in any record of the court or court services or any
155.25 	other record.  After the test results are given to the victim or
155.26 	the victim's parent or guardian, data on the test must be
155.27 	removed from any medical data or health records maintained under
155.28 	section 13.384 or 144.335 and destroyed, except for those
155.29 	medical records maintained by the Department of Corrections.
155.30 	
EFFECTIVE DATE. This section is effective July 1, 2005.

155.31 	Sec. 18. Minnesota Statutes 2004, section 611A.53,
155.32 	subdivision 1b, is amended to read:
155.33 		Subd. 1b.Minnesota residents injured elsewhere.  (a) A
155.34 	Minnesota resident who is the victim of a crime committed
155.35 	outside the geographical boundaries of this state but who
155.36 	otherwise meets the requirements of this section shall have the
156.1 	same rights under this chapter as if the crime had occurred
156.2 	within this state upon a showing that the state, territory, or 
156.3 	United States possession, country, or political subdivision of a
156.4 	country in which the crime occurred does not have a crime victim
156.5 	reparations law covering the resident's injury or death.
156.6 	(b) Notwithstanding paragraph (a), a Minnesota resident who
156.7 	is the victim of a crime involving international terrorism who
156.8 	otherwise meets the requirements of this section has the same
156.9 	rights under this chapter as if the crime had occurred within
156.10 	this state regardless of where the crime occurred or whether the
156.11 	jurisdiction has a crime victims reparations law.
156.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
156.13 	and applies to those seeking reparations on or after that date.

156.14 	Sec. 19. SPECIAL REVENUE SPENDING AUTHORIZATION FROM
156.15 	CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.
 156.16 	Remaining balances in the special revenue fund from
156.17 	spending authorized by Laws 2001, First Special Session chapter
156.18 	8, article 7, section 14, subdivision 1, for which spending
156.19 	authorization ended June 30, 2003, under Laws 2001, First
156.20 	Special Session, chapter 8, article 7, section 14, subdivision
156.21 	3, are transferred to the general fund.

156.22 	EFFECTIVE DATE. This section is effective July 1, 2005.

156.23 	Sec. 20. TRANSFER OF RESPONSIBILITIES.
 156.24 	The responsibility of the Department of Employment and
156.25 	Economic Development for the youth intervention program is
156.26 	transferred to the Department of Public Safety.

156.27 	EFFECTIVE DATE. This section is effective July 1, 2005.

156.28 	Sec. 21. REVISOR INSTRUCTION.
 156.29 	The revisor of statutes shall renumber Minnesota Statutes,
156.30 	section 116L.30 as section 299A.73.  The revisor shall also make
156.31 	necessary cross-reference changes consistent with the
156.32 	renumbering.

156.33 	EFFECTIVE DATE. This section is effective July 1, 2005.

156.34 	ARTICLE 9
156.35 	FIRE MARSHAL

156.36 	Section 1. Minnesota Statutes 2004, section 84.362, is
157.1 	amended to read:
157.2 	84.362 REMOVAL OF STRUCTURES.
157.3 	Until after the sale of any parcel of tax-forfeited land,
157.4 	whether classified as agricultural or nonagricultural hereunder,
157.5 	the county auditor may, with the approval of the commissioner,
157.6 	provide:
157.7 	(1) for the sale or demolition of any structure located
157.8 	thereon, which on the land that has been determined by the
157.9 	county board to be within the purview of section 299F.10,
157.10 	especially liable to fire or so situated as to endanger life or
157.11 	limb or other buildings or property in the vicinity because of
157.12 	age, dilapidated condition, defective chimney, defective
157.13 	electric wiring, any gas connection, heating apparatus, or other
157.14 	defect;and
157.15 	(2) for the sale of salvage material, if any, therefrom.

157.16 	EFFECTIVE DATE. This section is effective July 1, 2005.

157.17 	Sec. 2. Minnesota Statutes 2004, section 282.04,
157.18 	subdivision 2, is amended to read:
157.19 		Subd. 2.Rights before sale; improvements, insurance,
157.20 	demolition. (a) Before the sale of a parcel of forfeited land
157.21 	the county auditor may, with the approval of the county board of
157.22 	commissioners, provide for the repair and improvement of any
157.23 	building or structure located upon the parcel, and may provide
157.24 	for maintenance of tax-forfeited lands, if it is determined by
157.25 	the county board that such repairs, improvements, or maintenance
157.26 	are necessary for the operation, use, preservation,and safety
157.27 	of the building or structure.
157.28 	(b) If so authorized by the county board, the county
157.29 	auditor may insure the building or structure against loss or
157.30 	damage resulting from fire or windstorm, may purchase workers'
157.31 	compensation insurance to insure the county against claims for
157.32 	injury to the persons employed in the building or structure by
157.33 	the county, and may insure the county, its officers and
157.34 	employees against claims for injuries to persons or property
157.35 	because of the management, use,or operation of the building or
157.36 	structure.
158.1 	(c) The county auditor may, with the approval of the county
158.2 	board, provide:
158.3 	(1) for the demolition of the building or structure, which
158.4 	has been determined by the county board to be within the purview
158.5 	of section 299F.10,especially liable to fire or so situated as
158.6 	to endanger life or limb or other buildings or property in the
158.7 	vicinity because of age, dilapidated condition, defective
158.8 	chimney, defective electric wiring, any gas connection, heating
158.9 	apparatus, or other defect;and
158.10 	(2) for the sale of salvaged materials from the building or
158.11 	structure.
158.12 	(d) The county auditor, with the approval of the county
158.13 	board, may provide for the sale of abandoned personal property.
158.14 	The sale may be made by the sheriff using the procedures for the
158.15 	sale of abandoned property in section 345.15 or by the county
158.16 	auditor using the procedures for the sale of abandoned property
158.17 	in section 504B.271.  The net proceeds from any sale of the
158.18 	personal property, salvaged materials, timber or other products,
158.19 	or leases made under this law must be deposited in the forfeited
158.20 	tax sale fund and must be distributed in the same manner as if
158.21 	the parcel had been sold.
158.22 	(e) The county auditor, with the approval of the county
158.23 	board, may provide for the demolition of any structure on
158.24 	tax-forfeited lands, if in the opinion of the county board, the
158.25 	county auditor, and the land commissioner, if there is one, the
158.26 	sale of the land with the structure on it, or the continued
158.27 	existence of the structure by reason of age, dilapidated
158.28 	condition or excessive size as compared with nearby structures,
158.29 	will result in a material lessening of net tax capacities of
158.30 	real estate in the vicinity of the tax-forfeited lands, or if
158.31 	the demolition of the structure or structures will aid in
158.32 	disposing of the tax-forfeited property.
158.33 	(f) Before the sale of a parcel of forfeited land located
158.34 	in an urban area, the county auditor may with the approval of
158.35 	the county board provide for the grading of the land by filling
158.36 	or the removal of any surplus material from it.  If the physical
159.1 	condition of forfeited lands is such that a reasonable grading
159.2 	of the lands is necessary for the protection and preservation of
159.3 	the property of any adjoining owner, the adjoining property
159.4 	owner or owners may apply to the county board to have the
159.5 	grading done.  If, after considering the application, the county
159.6 	board believes that the grading will enhance the value of the
159.7 	forfeited lands commensurate with the cost involved, it may
159.8 	approve it, and the work must be performed under the supervision
159.9 	of the county or city engineer, as the case may be, and the
159.10 	expense paid from the forfeited tax sale fund.
159.11 	
EFFECTIVE DATE. This section is effective July 1, 2005.

159.12 	Sec. 3. Minnesota Statutes 2004, section 299F.011,
159.13 	subdivision 7, is amended to read:
159.14 		Subd. 7.Fees. A fee of $100 shall be charged by The
159.15 	state fire marshal shall charge a fee of $100 for each plan
159.16 	review involving:
159.17 	(1) flammable liquids under Minnesota Rules, part
159.18 	7510.3650;
159.19 	(2) motor vehicle fuel-dispensing stations under Minnesota
159.20 	Rules, part 7510.3610; or
159.21 	(3) liquefied petroleum gases under Minnesota Rules, part
159.22 	7510.3670.
159.23 	
EFFECTIVE DATE. This section is effective July 1, 2005.

159.24 	Sec. 4. Minnesota Statutes 2004, section 299F.014, is
159.25 	amended to read:
159.26 	299F.014 RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK
159.27 	VEHICLE PARKING.
159.28 	(a) Any rule of the commissioner of public safety that
159.29 	adopts provisions of the Uniform State Fire Code relating to
159.30 	aboveground tanks for petroleum storage that are not used for
159.31 	dispensing to the public is superseded by Minnesota Rules,
159.32 	chapter 7151, in regard to:  secondary containment, substance
159.33 	transfer areas, tank and piping standards, overfill protection,
159.34 	corrosion protection, leak detection, labeling, monitoring,
159.35 	maintenance, record keeping, and decommissioning.  If Minnesota
159.36 	Rules, chapter 7151, does not address an issue relating to
160.1 	aboveground tanks for petroleum storage that are not used for
160.2 	dispensing to the public, any applicable provision of the
160.3 	Uniform State Fire Code, 1997 Edition, shall apply applies.
160.4 	(b) A motorized tank vehicle used to transport petroleum
160.5 	products may be parked within 500 feet of a residence if the
160.6 	vehicle is parked at an aboveground tank facility used for
160.7 	dispensing petroleum into cargo tanks for sale at another
160.8 	location.

160.9 	EFFECTIVE DATE. This section is effective July 1, 2005.

160.10 	Sec. 5. Minnesota Statutes 2004, section 299F.05, is
160.11 	amended to read:
160.12 	299F.05 LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.
160.13 		Subdivision 1.Investigation, arrest, and prosecution.
 160.14 	The state fire marshal,On determining that reasonable grounds
160.15 	exist to believe that a violation of sections 609.561 to 609.576
160.16 	has occurred,or reasonable grounds to believe that some other
160.17 	crime has occurred in connection with a fire investigated
160.18 	pursuant to section 299F.04, the state fire marshal shall so
160.19 	inform the superintendent of the Bureau of Criminal
160.20 	Apprehension.  The superintendent law enforcement authority
160.21 	having jurisdiction, who shall cooperate with the fire marshal
160.22 	and local fire officials in further investigating the reported
160.23 	incident in a manner which that may include supervising and
160.24 	directing the subsequent criminal investigation,and taking the
160.25 	testimony on oath of all persons supposed to be cognizant of any
160.26 	facts relating to the matter under investigation. If the
160.27 	superintendent believes On determining that there is evidence
160.28 	sufficient to charge any person with a violation of sections
160.29 	609.561 to 609.576, or of any other crime in connection with an
160.30 	investigated fire, the superintendent authority having
160.31 	jurisdiction shall arrest or cause have the person to be 
160.32 	arrested and charged with the offense and furnish to the proper
160.33 	prosecuting attorney all relevant evidence, together with the
160.34 	copy of all names of witnesses and all the information obtained
160.35 	by the superintendent authority or the state fire marshal,
160.36 	including a copy of all pertinent and material testimony taken
161.1 	in the case.
161.2 		Subd. 2.Information system. The state fire marshal and
161.3 	the superintendent of the Bureau of Criminal Apprehension shall
161.4 	maintain a record of arrests, charges filed, and final
161.5 	disposition of all fires reported and investigated under
161.6 	sections 299F.04 and 299F.05.  For this purpose, the Department
161.7 	of Public Safety shall implement a single reporting system shall
161.8 	be implemented by the Department of Public Safety utilizing the
161.9 	systems operated by the fire marshal and the bureau.  The system
161.10 	shall must be operated in such a way as to minimize duplication
161.11 	and discrepancies in reported figures.
161.12 	
EFFECTIVE DATE. This section is effective July 1, 2005.

161.13 	Sec. 6. Minnesota Statutes 2004, section 299F.051,
161.14 	subdivision 4, is amended to read:
161.15 		Subd. 4.Cooperative investigation; reimbursement.  The
161.16 	state fire marshal and the superintendent of the Bureau of
161.17 	Criminal Apprehension shall encourage the cooperation of local
161.18 	firefighters and peace officers in the investigation of
161.19 	violations of sections 609.561 to 609.576 or other crimes
161.20 	associated with reported fires in all appropriate ways,
161.21 	including providing reimbursement to political subdivisions at a
161.22 	rate not to exceed 50 percent of the salaries of peace officers
161.23 	and firefighters for time spent in attending fire investigation
161.24 	training courses offered by the arson training unit.  Volunteer
161.25 	firefighters from a political subdivision shall be reimbursed at
161.26 	the rate of $35 per day plus expenses incurred in attending fire
161.27 	investigation training courses offered by the arson training
161.28 	unit.  Reimbursement shall be made only in the event that both a
161.29 	peace officer and a firefighter from the same political
161.30 	subdivision attend the same training course.  The reimbursement
161.31 	shall be subject to the limitation of funds appropriated and
161.32 	available for expenditure.  The state fire marshal and the
161.33 	superintendent also shall encourage local firefighters and peace
161.34 	officers to seek assistance from the arson strike force
161.35 	established in section 299F.058.
161.36 	
EFFECTIVE DATE. This section is effective July 1, 2005.

162.1 	Sec. 7. Minnesota Statutes 2004, section 299F.06,
162.2 	subdivision 1, is amended to read:
162.3 		Subdivision 1.Summon witnesses; produce documentary
162.4 	evidence.  (a) In order to establish if reasonable grounds exist
162.5 	to believe that a violation of sections 609.561 to 609.576,has
162.6 	occurred, or to determine compliance with the Uniform State Fire
162.7 	Code or corrective orders issued thereunder under that code, the
162.8 	state fire marshal and the staff designated by the state fire
162.9 	marshal shall have the power ,in any county of the state to , may 
162.10 	summon and compel the attendance of witnesses to testify before
162.11 	the state fire marshal, chief assistant fire marshal, or deputy
162.12 	state fire marshals,and may require the production of any book,
162.13 	paper, or document deemed pertinent. The state fire marshal may
162.14 	also designate certain individuals from fire departments in
162.15 	cities of the first class and cities of the second class as
162.16 	having the powers set forth in this paragraph.  These designated
162.17 	individuals may only exercise their powers in a manner
162.18 	prescribed by the state fire marshal.  "Fire department" has the
162.19 	meaning given in section 299F.092, subdivision 6.  "Cities of
162.20 	the first class" and "cities of the second class" have the
162.21 	meanings given in section 410.01.
162.22 	(b) A summons issued under this subdivision shall must be
162.23 	served in the same manner and have has the same effect as
162.24 	subpoenas a subpoena issued from a district courts court.  All
162.25 	witnesses shall must receive the same compensation as is paid to
162.26 	witnesses in district courts, which shall must be paid out of
162.27 	the fire marshal fund upon vouchers a voucher certificate signed
162.28 	by the state fire marshal, chief assistant fire marshal, or
162.29 	deputy fire marshal before whom any witnesses shall have
162.30 	attended and this officer shall, at the close of the
162.31 	investigation wherein in which the witness was subpoenaed,
162.32 	certify to the attendance and mileage of the witness, which .
162.33 	This certificate shall must be filed in the Office of the State
162.34 	Fire Marshal.  All investigations held by or under the direction
162.35 	of the state fire marshal,or any subordinate,may,in the state
162.36 	fire marshal's discretion,be private and persons other than
163.1 	those required to be present by the provisions of this chapter
163.2 	may be excluded from the place where the investigation is held,
163.3 	and witnesses may be kept separate and apart from each other and
163.4 	not allowed to communicate with each other until they have been
163.5 	examined.
163.6 	
EFFECTIVE DATE. This section is effective July 1, 2005.

163.7 	Sec. 8. Minnesota Statutes 2004, section 299F.19,
163.8 	subdivision 1, is amended to read:
163.9 		Subdivision 1.Rules.  The commissioner of public safety
163.10 	shall adopt rules for the safekeeping, storage, handling, use,
163.11 	or other disposition of flammable liquids, flammable gases,
163.12 	blasting agents,and explosives.  Loads carried in or on
163.13 	vehicles transporting such these products upon public highways
163.14 	within this state shall be are governed by the uniform vehicle
163.15 	size and weights provisions in sections 169.80 to 169.88 and the
163.16 	transportation of hazardous materials provisions of section
163.17 	221.033. The rules for flammable liquids and flammable gases
163.18 	shall be distinguished from each other and from the rules
163.19 	covering other materials subject to regulation under this
163.20 	subdivision.
163.21 	
EFFECTIVE DATE. This section is effective July 1, 2005.

163.22 	Sec. 9. Minnesota Statutes 2004, section 299F.19,
163.23 	subdivision 2, is amended to read:
163.24 		Subd. 2.Blasting agent defined; explosives classified.
 163.25 	(a) For the purposes of this section,and the rules adopted
163.26 	pursuant thereto, the term to this section:
163.27 	(a) " Blasting agent " means any material or mixture,
163.28 	consisting of a fuel and oxidizer, intended for blasting, not
163.29 	otherwise classified as an explosive and in which none of the
163.30 	ingredients is classified as an explosive,;providing that,the
163.31 	finished product, as mixed and packaged for use or shipment,
163.32 	cannot be detonated by means of a number 8 test blasting cap
163.33 	when unconfined. The term " Blasting agent " does not include
163.34 	flammable liquids or flammable gases.
163.35 	(b) For the purposes of this section, and the rules adopted
163.36 	pursuant thereto,"Explosive" means any chemical compound,
164.1 	mixture, or device, the primary or common purpose of which is to
164.2 	function by explosion.  The term includes, but is not limited
164.3 	to, dynamite, black powder, pellet powder, initiating
164.4 	explosives, detonators, safety fuses, squibs, detonating cord,
164.5 	igniter cord, igniters, display fireworks, and class 1.3G
164.6 	fireworks (formerly classified as Class B special fireworks).
164.7 	"Explosive" includes any material determined to be within the
164.8 	scope of United States Code, title 18, chapter 40, and also
164.9 	includes any material classified as an explosive other than
164.10 	consumer fireworks, 1.4G (Class C, Common), by the hazardous
164.11 	materials regulations of the United States Department of
164.12 	Transportation (DOTn) in Code of Federal Regulations, title 49.
164.13 	(c) Explosives are divided into three classes four
164.14 	categories and are defined as follows:
164.15 	(1) class A explosives:  possessing detonating or otherwise
164.16 	maximum hazard, such as dynamite, nitroglycerin, picric acid,
164.17 	lead azide, fulminate of mercury, blasting caps, and detonating
164.18 	primers;
164.19 	(2) class B explosives:  possessing flammable hazard, such
164.20 	as propellant explosives (including some smokeless powders),
164.21 	black powder, photographic flash powders, and some special
164.22 	fireworks;
164.23 	(3) class C explosives:  includes certain types of
164.24 	manufactured articles which contain class A, or class B
164.25 	explosives, or both, as components but in restricted quantities.
164.26 	The term explosive or explosives means any chemical compound,
164.27 	mixture or device, the primary or common purpose of which is to
164.28 	function by explosion; that is, with substantially instantaneous
164.29 	release of gas and heat, unless such compound, mixture, or
164.30 	device is otherwise specifically classified by the United States
164.31 	Department of Transportation.  The term explosives includes all
164.32 	material which is classified as class A, class B, and class C
164.33 	explosives by the United States Department of Transportation,
164.34 	and includes, but is not limited to dynamite, black powder,
164.35 	pellet powder, initiating explosives, blasting caps, electric
164.36 	blasting caps, safety fuse, fuse lighters, fuse igniters,
165.1 	squibs, cordeau detonate fuse, instantaneous fuse, igniter cord,
165.2 	igniters, and some special fireworks.  Commercial explosives are
165.3 	those explosives which are intended to be used in commercial or
165.4 	industrial operation.  The term explosives does not include
165.5 	flammable liquids or flammable gases.
165.6 	(1) High explosive:  explosive material, such as dynamite,
165.7 	that can be caused to detonate by means of a number eight test
165.8 	blasting cap when unconfined.
165.9 	(2) Low explosive:  explosive material that will burn or
165.10 	deflagrate when ignited, characterized by a rate of reaction
165.11 	that is less than the speed of sound, including, but not limited
165.12 	to, black powder, safety fuse, igniters, igniter cord, fuse
165.13 	lighters, class 1.3G fireworks (formerly classified as Class B
165.14 	special fireworks), and class 1.3C propellants.
165.15 	(3) Mass-detonating explosives:  division 1.1, 1.2, and 1.5
165.16 	explosives alone or in combination, or loaded into various types
165.17 	of ammunition or containers, most of which can be expected to
165.18 	explode virtually instantaneously when a small portion is
165.19 	subjected to fire, severe concussion, impact, the impulse of an
165.20 	initiating agent, or the effect of a considerable discharge of
165.21 	energy from without.  Materials that react in this manner
165.22 	represent a mass explosion hazard.  Such an explosive will
165.23 	normally cause severe structural damage to adjacent objects.
165.24 	Explosive propagation could occur immediately to other items of
165.25 	ammunition and explosives stored sufficiently close to and not
165.26 	adequately protected from the initially exploding pile with a
165.27 	time interval short enough so that two or more quantities must
165.28 	be considered as one for quantity-distance purposes.
165.29 	(4) United Nations/United States Department of
165.30 	Transportation (UN/DOTn) Class 1 explosives:  the hazard class
165.31 	of explosives that further defines and categorizes explosives
165.32 	under the current system applied by DOTn for all explosive
165.33 	materials into further divisions as follows, with the letter G
165.34 	identifying the material as a pyrotechnic substance or article
165.35 	containing a pyrotechnic substance and similar materials:
165.36 	(i) Division 1.1 explosives have a mass explosion hazard.
166.1 	A mass explosion is one that affects almost the entire load
166.2 	instantaneously.
166.3 	(ii) Division 1.2 explosives have a projection hazard but
166.4 	not a mass explosion hazard.
166.5 	(iii) Division 1.3 explosives have a fire hazard and either
166.6 	a minor blast hazard or a minor projection hazard or both, but
166.7 	not a mass explosion hazard.
166.8 	(iv) Division 1.4 explosives pose a minor explosion
166.9 	hazard.  The explosive effects are largely confined to the
166.10 	package and no projection of fragments of appreciable size or
166.11 	range is to be expected.  An external fire must not cause
166.12 	virtually instantaneous explosion of almost the entire contents
166.13 	of the package.
166.14 	(v) Division 1.5 explosives are very insensitive and are
166.15 	comprised of substances that have a mass explosion hazard, but
166.16 	are so insensitive that there is very little probability of
166.17 	initiation or of transition from burning to detonation under
166.18 	normal conditions of transport.
166.19 	(vi) Division 1.6 explosives are extremely insensitive and
166.20 	do not have a mass explosion hazard, comprised of articles that
166.21 	contain only extremely insensitive detonating substances and
166.22 	that demonstrate a negligible probability of accidental
166.23 	initiation or propagation.
166.24 	
EFFECTIVE DATE. This section is effective July 1, 2005.

166.25 	Sec. 10. Minnesota Statutes 2004, section 299F.362,
166.26 	subdivision 3, is amended to read:
166.27 		Subd. 3.Smoke detector for any dwelling.  Every dwelling
166.28 	unit within a dwelling shall must be provided with a smoke
166.29 	detector meeting the requirements of Underwriters Laboratories,
166.30 	Inc., or approved by the International Conference of Building
166.31 	Officials the State Fire Code.  The detector shall must be
166.32 	mounted in accordance with the rules regarding smoke detector
166.33 	location promulgated adopted under the provisions of subdivision
166.34 	2.  When actuated, the detector shall must provide an alarm in
166.35 	the dwelling unit.
166.36 	
EFFECTIVE DATE. This section is effective July 1, 2005.

167.1 	Sec. 11. Minnesota Statutes 2004, section 299F.362,
167.2 	subdivision 4, is amended to read:
167.3 		Subd. 4.Smoke detector for apartment, lodging house, or
167.4 	hotel.  Every dwelling unit within an apartment house and every
167.5 	guest room in a lodging house or hotel used for sleeping
167.6 	purposes shall must be provided with a smoke detector conforming
167.7 	to the requirements of Underwriters Laboratories, Inc., or
167.8 	approved by the International Conference of Building
167.9 	Officials the State Fire Code.  In dwelling units, detectors
167.10 	shall must be mounted in accordance with the rules regarding
167.11 	smoke detector location promulgated adopted under the provisions
167.12 	of subdivision 2.  When actuated, the detector shall must 
167.13 	provide an alarm in the dwelling unit or guest room.
167.14 	
EFFECTIVE DATE. This section is effective July 1, 2005.

167.15 	Sec. 12. Minnesota Statutes 2004, section 299F.391,
167.16 	subdivision 1, is amended to read:
167.17 		Subdivision 1.Definitions.  For purposes of this section
167.18 	the following definitions shall apply:
167.19 	(a) "Lodging house" means any building or portion thereof
167.20 	containing not more than five guest rooms which are used or
167.21 	intended to be used for sleeping purposes by guests and where
167.22 	rent is paid in money, goods, labor or otherwise "Dormitory"
167.23 	means all or a portion of a building containing one or more
167.24 	rooms for group sleeping or closely associated rooms used for
167.25 	sleeping.
167.26 	(b) "Hospital" has the meaning given it in section 144.50.
167.27 	(c) "Hotel" means any building or portion thereof
167.28 	containing six or more guest rooms intended or designed to be
167.29 	used, or which are a hotel, motel, resort, boarding house, bed
167.30 	and breakfast, furnished apartment house, or other building that
167.31 	is kept,used, rented, hired out to be occupied, or which are
167.32 	occupied for advertised, or held out to the public as a place
167.33 	where sleeping purposes by or housekeeping accommodations are
167.34 	supplied for pay to guests, and which is required to be licensed
167.35 	pursuant to chapter 157 for transient occupancy.
167.36 	(d) "Nursing home" has the meaning given it in section
168.1 	144A.01.
168.2 	(e) "School" means any public or private school or
168.3 	educational institution.
168.4 	
EFFECTIVE DATE. This section is effective July 1, 2005.

168.5 	Sec. 13. Minnesota Statutes 2004, section 299F.46,
168.6 	subdivision 1, is amended to read:
168.7 		Subdivision 1.hotel inspection of hotels and other
168.8 	lodging facilities.  (a) It shall be the duty of The
168.9 	commissioner of public safety to shall inspect,or cause to
168.10 	be have inspected,at least once every three years,every hotel
168.11 	in this state;and,other lodging facility with five or more
168.12 	guest rooms, dormitories, youth or family camps, and juvenile
168.13 	group home buildings.For that purpose, the commissioner, or
168.14 	the commissioner's deputies or designated alternates or agents,
168.15 	shall have the right to may enter or have access thereto 
168.16 	lodging facility buildings at any reasonable hour; and, when,
168.17 	upon such inspection, it shall be found that the hotel so
168.18 	inspected does not conform to or is not being operated in
168.19 	accordance with the provisions of sections 157.011 and 157.15 to
168.20 	157.22, in so far as the same relate to fire prevention or fire
168.21 	protection of hotels, or the rules promulgated thereunder, or is
168.22 	being .  These buildings must be maintained or operated in such
168.23 	manner as to violate the Minnesota accordance with the State
168.24 	Fire Code promulgated pursuant to section 299F.011 or any other
168.25 	law of this state relating to fire prevention and fire
168.26 	protection of hotels, the commissioner and the deputies or
168.27 	designated alternates or agents shall report such a situation to
168.28 	the hotel inspector who shall proceed as provided for in chapter
168.29 	157.
168.30 	(b) The word words "hotel",and "dormitory," as used in
168.31 	this subdivision, has section, have the meaning meanings given
168.32 	in section 299F.391.
168.33 	
EFFECTIVE DATE. This section is effective July 1, 2005.

168.34 	Sec. 14. Minnesota Statutes 2004, section 299F.46,
168.35 	subdivision 3, is amended to read:
168.36 		Subd. 3.Inspection fees.  (a) For each hotel or
169.1 	dormitory with 35 or more rooms and required to have a fire
169.2 	inspection according to subdivision 1, the commissioner of
169.3 	public safety may charge each hotel a triennial inspection fee
169.4 	of $435 and a per-room charge of $5 for one to 18 units, $6 for
169.5 	19 to 35 units, $7 for 36 to 100 units,$7 for 35 to 99 units 
169.6 	and $8 for 100 or more units, or a per bed charge of 50 cents
169.7 	for beds in a group sleeping area. The fee includes one
169.8 	follow-up inspection.  The commissioner shall charge each resort
169.9 	a triennial inspection fee of $435 and a per room charge of $5
169.10 	for one to ten units, $6 for 11 to 25 units, and $7 for 26 or
169.11 	more units.These fees include one follow-up inspection.
169.12 	The commissioner shall charge a fee of $225 for each additional
169.13 	follow-up inspection for hotels and resorts these buildings,
169.14 	conducted in each three-year cycle that is necessary to bring
169.15 	the hotel or resort building into compliance with the State Fire
169.16 	Code.
169.17 	(b) Nothing in this subdivision prevents the
169.18 	designated local government agent, as defined in subdivision 2,
169.19 	from continuing to charge an established inspection fee or from
169.20 	establishing a new inspection fee.
169.21 	(c) Hotels and motels with fewer than 35 rooms and resorts
169.22 	classified as 1c under section 273.13 are exempt from the fee
169.23 	requirements of this subdivision.
169.24 	
EFFECTIVE DATE. This section is effective July 1, 2005.

169.25 	Sec. 15. Minnesota Statutes 2004, section 325F.04, is
169.26 	amended to read:
169.27 	325F.04 FLAME RESISTANT TENTS AND SLEEPING BAGS.
169.28 	(a) No person, firm or corporation may sell or offer for
169.29 	sale or manufacture for sale in this state any tent unless all
169.30 	fabrics or pliable materials in the tent are durably flame
169.31 	resistant.  No person, firm or corporation may sell or offer for
169.32 	sale or manufacture for sale in this state any sleeping bag
169.33 	unless it meets the standards of the commissioner of public
169.34 	safety for flame resistancy.  Tents and sleeping bags shall be
169.35 	conspicuously labeled as being durably flame resistant.
169.36 	(b) Paragraph (a) does not apply to one and two-person
170.1 	backpacking tents.

170.2 	EFFECTIVE DATE. This section is effective the day
170.3 	following final enactment.

170.4 	Sec. 16. Minnesota Statutes 2004, section 624.22,
170.5 	subdivision 1, is amended to read:
170.6 		Subdivision 1.General requirements; permit;
170.7 	investigation; fee.  (a) Sections 624.20 to 624.25 do not
170.8 	prohibit the supervised display of fireworks by a statutory or
170.9 	home rule charter city, fair association, amusement park, or
170.10 	other organization, except that:
170.11 	(1) a fireworks display may be conducted only when
170.12 	supervised by an operator certified by the state fire marshal;
170.13 	and
170.14 	(2) a fireworks display must either be given by a
170.15 	municipality or fair association within its own limits, or by
170.16 	any other organization, whether public or private, only after a
170.17 	permit for the display has first been secured.
170.18 	(b) An application for a permit for an outdoor fireworks
170.19 	display must be made in writing to the municipal clerk at least
170.20 	15 days in advance of the date of the display and must list the
170.21 	name of an operator who is certified by the state fire marshal
170.22 	and will supervise the display.  The application must be
170.23 	promptly referred to the chief of the fire department, who shall
170.24 	make an investigation to determine whether the operator of the
170.25 	display is competent and is certified by the state fire marshal,
170.26 	and whether the display is of such a character and is to be so
170.27 	located, discharged, or fired that it will not be hazardous to
170.28 	property or endanger any person.  The fire chief shall report
170.29 	the results of this investigation to the clerk.  If the fire
170.30 	chief reports that the operator is certified, that in the
170.31 	chief's opinion the operator is competent, and that the
170.32 	fireworks display as planned will conform to the safety
170.33 	guidelines of the state fire marshal provided for in paragraph
170.34 	(f), the clerk shall issue a permit for the display when the
170.35 	applicant pays a permit fee.
170.36 	(c) When the supervised outdoor fireworks display for which
171.1 	a permit is sought is to be held outside the limits of an
171.2 	incorporated municipality, the application must be made to the
171.3 	county auditor, and the auditor shall perform duties imposed by
171.4 	sections 624.20 to 624.25 upon the clerk of the municipality.
171.5 	When an application is made to the auditor, the county sheriff
171.6 	shall perform the duties imposed on the fire chief of the
171.7 	municipality by sections 624.20 to 624.25.
171.8 	(d) An application for an indoor fireworks display permit
171.9 	must be made in writing to the state fire marshal by the
171.10 	operator of the facility in which the display is to occur at
171.11 	least 15 days in advance of the date of any performance, show,
171.12 	or event which will include the discharge of fireworks inside a
171.13 	building or structure.  The application must list the name of an
171.14 	operator who is certified by the state fire marshal and will
171.15 	supervise the display.  The state fire marshal shall make an
171.16 	investigation to determine whether the operator of the display
171.17 	is competent and is properly certified and whether the display
171.18 	is of such a character and is to be so located, discharged, or
171.19 	fired that it will not be hazardous to property or endanger any
171.20 	person.  If the state fire marshal determines that the operator
171.21 	is certified and competent, that the indoor fireworks display as
171.22 	planned will conform to the safety guidelines provided for in
171.23 	paragraph (f), and that adequate notice will be given to inform
171.24 	patrons of the indoor fireworks display, the state fire marshal
171.25 	shall issue a permit for the display when the applicant pays an
171.26 	indoor fireworks fee of $150 and reimburses the fire marshal for
171.27 	costs of inspection.  Receipts from the indoor fireworks fee and
171.28 	inspection reimbursements must be deposited in the general fund
171.29 	as a nondedicated receipt.  The state fire marshal may issue a
171.30 	single permit for multiple indoor fireworks displays when all of
171.31 	the displays are to take place at the same venue as part of a
171.32 	series of performances by the same performer or group of
171.33 	performers.  A copy of the application must be promptly conveyed
171.34 	to the chief of the local fire department, who shall make
171.35 	appropriate preparations to ensure public safety in the vicinity
171.36 	of the display.  The operator of a facility where an indoor
172.1 	fireworks display occurs must provide notice in a prominent
172.2 	place as approved by the state fire marshal to inform patrons
172.3 	attending a performance when indoor fireworks will be part of
172.4 	that performance.  The state fire marshal may grant a local fire
172.5 	chief the authority to issue permits for indoor fireworks
172.6 	displays.  Before issuing a permit, a local fire chief must make
172.7 	the determinations required in this paragraph.
172.8 	(e) After a permit has been granted under either paragraph
172.9 	(b) or (d), sales, possession, use and distribution of fireworks
172.10 	for a display are lawful for that purpose only.  A permit is not
172.11 	transferable.
172.12 	(f) The state fire marshal shall adopt and disseminate to
172.13 	political subdivisions rules establishing guidelines on
172.14 	fireworks display safety that are consistent with sections
172.15 	624.20 to 624.25 and the most recent editions edition of the
172.16 	Minnesota Uniform State Fire Code and the National Fire
172.17 	Protection Association Standards, to insure that fireworks
172.18 	displays are given safely.  In the guidelines, the state fire
172.19 	marshal shall allow political subdivisions to exempt the use of
172.20 	relatively safe fireworks for theatrical special effects,
172.21 	ceremonial occasions, and other limited purposes, as determined
172.22 	by the state fire marshal.
172.23 	
EFFECTIVE DATE. This section is effective July 1, 2005.

172.24 	Sec. 17. INSTRUCTION TO REVISOR.
 172.25 	The revisor of statutes shall change the terms "Minnesota
172.26 	Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code"
172.27 	where found in Minnesota Statutes, sections 16B.61, subdivision
172.28 	2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011,
172.29 	subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015,
172.30 	subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6;
172.31 	299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391,
172.32 	subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and
172.33 	462.3585.

172.34 	EFFECTIVE DATE. This section is effective July 1, 2005.

172.35 	Sec. 18. REPEALER.
 172.36 	Minnesota Statutes 2004, sections 69.011, subdivision 5;
173.1 	299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
173.2 	299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451;
173.3 	and 299F.452, are repealed.

173.4 	EFFECTIVE DATE. This section is effective July 1, 2005.

173.5 	ARTICLE 10
173.6 	EMERGENCY COMMUNICATIONS

173.7 	Section 1. Minnesota Statutes 2004, section 237.70,
173.8 	subdivision 7, is amended to read:
173.9 		Subd. 7.Application, notice, financial administration,
173.10 	complaint investigation.  The telephone assistance plan must be
173.11 	administered jointly by the commission, the Department of
173.12 	Commerce, and the local service providers in accordance with the
173.13 	following guidelines:
173.14 	(a) The commission and the Department of Commerce shall
173.15 	develop an application form that must be completed by the
173.16 	subscriber for the purpose of certifying eligibility for
173.17 	telephone assistance plan credits to the local service
173.18 	provider.  The application must contain the applicant's Social
173.19 	Security number.  Applicants who refuse to provide a Social
173.20 	Security number will be denied telephone assistance plan
173.21 	credits.  The application form must also include a statement
173.22 	that the applicant household is currently eligible for one of
173.23 	the programs that confers eligibility for the federal Lifeline
173.24 	Program.  The application must be signed by the applicant,
173.25 	certifying, under penalty of perjury, that the information
173.26 	provided by the applicant is true.
173.27 	(b) Each local service provider shall annually mail a
173.28 	notice of the availability of the telephone assistance plan to
173.29 	each residential subscriber in a regular billing and shall mail
173.30 	the application form to customers when requested.
173.31 	The notice must state the following:
173.32 	YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
173.33 	BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE
173.34 	PROGRAMS.  FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE
173.35 	CONTACT .........
173.36 	(c) An application may be made by the subscriber, the
174.1 	subscriber's spouse, or a person authorized by the subscriber to
174.2 	act on the subscriber's behalf.  On completing the application
174.3 	certifying that the statutory criteria for eligibility are
174.4 	satisfied, the applicant must return the application to the
174.5 	subscriber's local service provider.  On receiving a completed
174.6 	application from an applicant, the subscriber's local service
174.7 	provider shall provide telephone assistance plan credits against
174.8 	monthly charges in the earliest possible month following receipt
174.9 	of the application.  The applicant must receive telephone
174.10 	assistance plan credits until the earliest possible month
174.11 	following the service provider's receipt of information that the
174.12 	applicant is ineligible.
174.13 	If the telephone assistance plan credit is not itemized on the
174.14 	subscriber's monthly charges bill for local telephone service,
174.15 	the local service provider must notify the subscriber of the
174.16 	approval for the telephone assistance plan credit.
174.17 	(d) The commission shall serve as the coordinator of the
174.18 	telephone assistance plan and be reimbursed for its
174.19 	administrative expenses from the surcharge revenue pool.  As the
174.20 	coordinator, the commission shall:
174.21 	(1) establish a uniform statewide surcharge in accordance
174.22 	with subdivision 6;
174.23 	(2) establish a uniform statewide level of telephone
174.24 	assistance plan credit that each local service provider shall
174.25 	extend to each eligible household in its service area;
174.26 	(3) require each local service provider to account to the
174.27 	commission on a periodic basis for surcharge revenues collected
174.28 	by the provider, expenses incurred by the provider, not to
174.29 	include expenses of collecting surcharges, and credits extended
174.30 	by the provider under the telephone assistance plan;
174.31 	(4) require each local service provider to remit surcharge
174.32 	revenues to the Department of Administration Public Safety for
174.33 	deposit in the fund; and
174.34 	(5) remit to each local service provider from the surcharge
174.35 	revenue pool the amount necessary to compensate the provider for
174.36 	expenses, not including expenses of collecting the surcharges,
175.1 	and telephone assistance plan credits.  When it appears that the
175.2 	revenue generated by the maximum surcharge permitted under
175.3 	subdivision 6 will be inadequate to fund any particular
175.4 	established level of telephone assistance plan credits, the
175.5 	commission shall reduce the credits to a level that can be
175.6 	adequately funded by the maximum surcharge.  Similarly, the
175.7 	commission may increase the level of the telephone assistance
175.8 	plan credit that is available or reduce the surcharge to a level
175.9 	and for a period of time that will prevent an unreasonable
175.10 	overcollection of surcharge revenues.
175.11 	(e) Each local service provider shall maintain adequate
175.12 	records of surcharge revenues, expenses, and credits related to
175.13 	the telephone assistance plan and shall, as part of its annual
175.14 	report or separately, provide the commission and the Department
175.15 	of Commerce with a financial report of its experience under the
175.16 	telephone assistance plan for the previous year.  That report
175.17 	must also be adequate to satisfy the reporting requirements of
175.18 	the federal matching plan.
175.19 	(f) The Department of Commerce shall investigate complaints
175.20 	against local service providers with regard to the telephone
175.21 	assistance plan and shall report the results of its
175.22 	investigation to the commission.
175.23 	
EFFECTIVE DATE. This section is effective the day
175.24 	following final enactment.

175.25 	Sec. 2. Minnesota Statutes 2004, section 403.02,
175.26 	subdivision 7, is amended to read:
175.27 		Subd. 7.Automatic location identification.  "Automatic
175.28 	location identification" means the process of electronically
175.29 	identifying and displaying on a special viewing screen the name
175.30 	of the subscriber and the location, where available, of the
175.31 	calling telephone number to a person answering a 911 emergency
175.32 	call.
175.33 	
EFFECTIVE DATE. This section is effective the day
175.34 	following final enactment.

175.35 	Sec. 3. Minnesota Statutes 2004, section 403.02,
175.36 	subdivision 13, is amended to read:
176.1 		Subd. 13.Enhanced 911 service.  "Enhanced 911 service"
176.2 	means the use of selective routing,automatic location
176.3 	identification,or local location identification as part of
176.4 	local 911 service provided by an enhanced 911 system consisting
176.5 	of a common 911 network and database and customer data and
176.6 	network components connecting to the common 911 network and
176.7 	database.
176.8 	
EFFECTIVE DATE. This section is effective the day
176.9 	following final enactment.

176.10 	Sec. 4. Minnesota Statutes 2004, section 403.02,
176.11 	subdivision 17, is amended to read:
176.12 		Subd. 17.911 service.  "911 service" means a
176.13 	telecommunications service that automatically connects a person
176.14 	dialing the digits 911 to an established public safety answering
176.15 	point.  911 service includes:
176.16 	(1) equipment for connecting and outswitching 911 calls
176.17 	within a telephone central office, trunking facilities from the
176.18 	central office to a public safety answering point customer data
176.19 	and network components connecting to the common 911 network and
176.20 	database;
176.21 	(2) common 911 network and database equipment, as
176.22 	appropriate, for automatically selectively routing 911 calls in
176.23 	situations where one telephone central office serves more than
176.24 	one to the public safety answering point serving the caller's
176.25 	jurisdiction; and
176.26 	(3) provision of automatic location identification if the
176.27 	public safety answering point has the capability of providing
176.28 	that service.
176.29 	
EFFECTIVE DATE. This section is effective the day
176.30 	following final enactment.

176.31 	Sec. 5. Minnesota Statutes 2004, section 403.02, is
176.32 	amended by adding a subdivision to read:
176.33 		Subd. 17a.911 emergency telecommunications service
176.34 	provider. "911 emergency telecommunications service provider"
176.35 	means a telecommunications service provider or other entity,
176.36 	determined by the commissioner to be capable of providing
177.1 	effective and efficient components of the 911 system, that
177.2 	provides all or portions of the network and database for
177.3 	automatically selectively routing 911 calls to the public safety
177.4 	answering point serving the caller's jurisdiction.
177.5 	
EFFECTIVE DATE. This section is effective the day
177.6 	following final enactment.

177.7 	Sec. 6. Minnesota Statutes 2004, section 403.025,
177.8 	subdivision 3, is amended to read:
177.9 		Subd. 3.wire-line connected telecommunications service
177.10 	provider requirements.  Every owner and operator of a
177.11 	wire-line or wireless circuit switched or packet-based 
177.12 	telecommunications system connected to the public switched
177.13 	telephone network shall design and maintain the system to dial
177.14 	the 911 number without charge to the caller.
177.15 	
EFFECTIVE DATE. This section is effective the day
177.16 	following final enactment.

177.17 	Sec. 7. Minnesota Statutes 2004, section 403.025,
177.18 	subdivision 7, is amended to read:
177.19 		Subd. 7.Contractual requirements.  (a) The state,
177.20 	together with the county or other governmental agencies
177.21 	operating public safety answering points, shall contract with
177.22 	the appropriate wire-line telecommunications service
177.23 	providers or other entities determined by the commissioner to be
177.24 	capable of providing effective and efficient components of the
177.25 	911 system for the operation, maintenance, enhancement, and
177.26 	expansion of the 911 system.
177.27 	(b) The state shall contract with the appropriate wireless
177.28 	telecommunications service providers for maintaining, enhancing,
177.29 	and expanding the 911 system.
177.30 	(c) The contract language or subsequent amendments to the
177.31 	contract must include a description of the services to be
177.32 	furnished by wireless and wire-line telecommunications service
177.33 	providers to the county or other governmental agencies operating
177.34 	public safety answering points, as well as compensation based on
177.35 	the effective tariff or price list approved by the Public
177.36 	Utilities Commission.  The contract language or subsequent
178.1 	amendments must include the terms of compensation based on the
178.2 	effective tariff or price list filed with the Public Utilities
178.3 	Commission or the prices agreed to by the parties.
178.4 	(d) The contract language or subsequent amendments to
178.5 	contracts between the parties must contain a provision for
178.6 	resolving disputes.
178.7 	
EFFECTIVE DATE. This section is effective the day
178.8 	following final enactment.

178.9 	Sec. 8. Minnesota Statutes 2004, section 403.05,
178.10 	subdivision 3, is amended to read:
178.11 		Subd. 3.Agreements for service.  Each county and any
178.12 	other governmental agency shall contract with the state and
178.13 	wire-line telecommunications service providers or other entities
178.14 	determined by the commissioner to be capable of providing
178.15 	effective and efficient components of the 911 system for the
178.16 	recurring and nonrecurring costs associated with operating and
178.17 	maintaining 911 emergency communications systems.
178.18 	
EFFECTIVE DATE. This section is effective the day
178.19 	following final enactment.

178.20 	Sec. 9. Minnesota Statutes 2004, section 403.07,
178.21 	subdivision 3, is amended to read:
178.22 		Subd. 3.Database.  In 911 systems that have been
178.23 	approved by the commissioner for a local location identification
178.24 	database, each wire-line telecommunications service provider
178.25 	shall provide current customer names, service addresses, and
178.26 	telephone numbers to each public safety answering point within
178.27 	the 911 system and shall update the information according to a
178.28 	schedule prescribed by the county 911 plan.  Information
178.29 	provided under this subdivision must be provided in accordance
178.30 	with the transactional record disclosure requirements of the
178.31 	federal Electronic Communications Privacy Act of 1986 1932,
178.32 	United States Code, title 18 47, section 2703 222,
178.33 	subsection (c), paragraph (1), subparagraph (B)(iv) (g).
178.34 	
EFFECTIVE DATE. This section is effective the day
178.35 	following final enactment.

178.36 	Sec. 10. Minnesota Statutes 2004, section 403.08,
179.1 	subdivision 10, is amended to read:
179.2 		Subd. 10.Plan integration.  Counties shall incorporate
179.3 	the statewide design when modifying county 911 plans to provide
179.4 	for integrating wireless 911 service into existing county 911
179.5 	systems.  The commissioner shall contract with the involved
179.6 	wireless service providers and 911 emergency telecommunications 
179.7 	service providers to integrate cellular and other wireless
179.8 	services into existing 911 systems where feasible.
179.9 	
EFFECTIVE DATE. This section is effective the day
179.10 	following final enactment.

179.11 	Sec. 11. Minnesota Statutes 2004, section 403.11,
179.12 	subdivision 1, is amended to read:
179.13 		Subdivision 1.Emergency telecommunications service fee;
179.14 	account.  (a) Each customer of a wireless or wire-line switched
179.15 	or packet-based telecommunications service provider connected to
179.16 	the public switched telephone network that furnishes service
179.17 	capable of originating a 911 emergency telephone call is
179.18 	assessed a fee based upon the number of wired or wireless
179.19 	telephone lines, or their equivalent,to cover the costs of
179.20 	ongoing maintenance and related improvements for trunking and
179.21 	central office switching equipment for 911 emergency
179.22 	telecommunications service, plus administrative and staffing
179.23 	costs of the commissioner related to managing the 911 emergency
179.24 	telecommunications service program.  Recurring charges by a
179.25 	wire-line telecommunications service provider for updating the
179.26 	information required by section 403.07, subdivision 3, must be
179.27 	paid by the commissioner if the wire-line telecommunications
179.28 	service provider is included in an approved 911 plan and the
179.29 	charges are made pursuant to tariff, price list, or contract.
179.30 	The fee assessed under this section must also be used for the
179.31 	purpose of offsetting the costs, including administrative and
179.32 	staffing costs, incurred by the State Patrol Division of the
179.33 	Department of Public Safety in handling 911 emergency calls made
179.34 	from wireless phones.
179.35 	(b) Money remaining in the 911 emergency telecommunications
179.36 	service account after all other obligations are paid must not
180.1 	cancel and is carried forward to subsequent years and may be
180.2 	appropriated from time to time to the commissioner to provide
180.3 	financial assistance to counties for the improvement of local
180.4 	emergency telecommunications services.  The improvements may
180.5 	include providing access to 911 service for telecommunications
180.6 	service subscribers currently without access and upgrading
180.7 	existing 911 service to include automatic number identification,
180.8 	local location identification, automatic location
180.9 	identification, and other improvements specified in revised
180.10 	county 911 plans approved by the commissioner.
180.11 	(c) Until June 30, 2006,the fee may not be less than eight
180.12 	cents nor more than 40 65 cents a month for each customer access
180.13 	line or other basic access service, including trunk equivalents
180.14 	as designated by the Public Utilities Commission for access
180.15 	charge purposes and including wireless telecommunications
180.16 	services. Effective July 1, 2006, the fee may not be less than
180.17 	eight cents nor more than 50 cents a month for each customer
180.18 	access line or other basic access service, including trunk
180.19 	equivalents as designated by the commission for access charge
180.20 	purposes and including wireless telecommunications services.
180.21 	With the approval of the commissioner of finance, the
180.22 	commissioner of public safety shall establish the amount of the
180.23 	fee within the limits specified and inform the companies and
180.24 	carriers of the amount to be collected.  When the revenue bonds
180.25 	authorized under section 403.27, subdivision 1, have been fully
180.26 	paid or defeased, the commissioner shall reduce the fee to
180.27 	reflect that debt service on the bonds is no longer needed.  The
180.28 	commissioner shall provide companies and carriers a minimum of
180.29 	45 days' notice of each fee change.  The fee must be the same
180.30 	for all customers.
180.31 	(d) The fee must be collected by each wireless or wire-line
180.32 	telecommunications service provider subject to the fee.  Fees
180.33 	are payable to and must be submitted to the commissioner monthly
180.34 	before the 25th of each month following the month of collection,
180.35 	except that fees may be submitted quarterly if less than $250 a
180.36 	month is due, or annually if less than $25 a month is due.
181.1 	Receipts must be deposited in the state treasury and credited to
181.2 	a 911 emergency telecommunications service account in the
181.3 	special revenue fund.  The money in the account may only be used
181.4 	for 911 telecommunications services.
181.5 	(e) This subdivision does not apply to customers of
181.6 	interexchange carriers.
181.7 	(f) The installation and recurring charges for integrating
181.8 	wireless 911 calls into enhanced 911 systems must be paid by the
181.9 	commissioner if the 911 service provider is included in the
181.10 	statewide design plan and the charges are made pursuant to
181.11 	tariff, price list, or contract.
181.12 	
EFFECTIVE DATE. This section is effective July 1, 2005.

181.13 	Sec. 12. Minnesota Statutes 2004, section 403.11,
181.14 	subdivision 3, is amended to read:
181.15 		Subd. 3.Method of payment.  (a) Any wireless or
181.16 	wire-line telecommunications service provider incurring
181.17 	reimbursable costs under subdivision 1 shall submit an invoice
181.18 	itemizing rate elements by county or service area to the
181.19 	commissioner for 911 services furnished under tariff, price
181.20 	list, or contract.  Any wireless or wire-line telecommunications
181.21 	service provider is eligible to receive payment for 911 services
181.22 	rendered according to the terms and conditions specified in the
181.23 	contract.  Competitive local exchange carriers holding
181.24 	certificates of authority from the Public Utilities Commission
181.25 	are eligible to receive payment for recurring 911 services
181.26 	provided after July 1, 2001.  The commissioner shall pay the
181.27 	invoice within 30 days following receipt of the invoice unless
181.28 	the commissioner notifies the service provider that the
181.29 	commissioner disputes the invoice.
181.30 	(b) The commissioner shall estimate the amount required to
181.31 	reimburse 911 emergency telecommunications service providers and 
181.32 	wireless and wire-line telecommunications service providers for
181.33 	the state's obligations under subdivision 1 and the governor
181.34 	shall include the estimated amount in the biennial budget
181.35 	request.
181.36 	
EFFECTIVE DATE. This section is effective July 1, 2005.

182.1 	Sec. 13. Minnesota Statutes 2004, section 403.11,
182.2 	subdivision 3a, is amended to read:
182.3 		Subd. 3a.Timely certification.  A certification must be
182.4 	submitted to the commissioner no later than two years one year 
182.5 	after commencing a new or additional eligible 911 service.  Any
182.6 	wireless or wire-line telecommunications service provider
182.7 	incurring reimbursable costs under this section at any time
182.8 	before January 1, 2003, may certify those costs for payment to
182.9 	the commissioner according to this section for a period of 90
182.10 	days after January 1, 2003.  During this period, the
182.11 	commissioner shall reimburse any wireless or wire-line
182.12 	telecommunications service provider for approved, certified
182.13 	costs without regard to any contrary provision of this
182.14 	subdivision.
182.15 	
EFFECTIVE DATE. This section is effective the day
182.16 	following final enactment and applies to contracts entered into
182.17 	on or after that date.

182.18 	Sec. 14. Minnesota Statutes 2004, section 403.113,
182.19 	subdivision 1, is amended to read:
182.20 		Subdivision 1.Fee.  (a) Each customer receiving service
182.21 	from a wireless or wire-line switched or packet-based 
182.22 	telecommunications service provider connected to the public
182.23 	telephone network that furnishes service capable of originating
182.24 	a 911 emergency telephone call is assessed a fee to fund
182.25 	implementation, operation, maintenance, enhancement, and
182.26 	expansion of enhanced 911 service, including acquisition of
182.27 	necessary equipment and the costs of the commissioner
182.28 	to administer the program.  The actual fee assessed under
182.29 	section 403.11 and the enhanced 911 service fee must be
182.30 	collected as one amount and may not exceed the amount specified
182.31 	in section 403.11, subdivision 1, paragraph (c).
182.32 	(b) The enhanced 911 service fee must be collected and
182.33 	deposited in the same manner as the fee in section 403.11 and
182.34 	used solely for the purposes of paragraph (a) and subdivision 3.
182.35 	(c) The commissioner, in consultation with counties and 911
182.36 	system users, shall determine the amount of the enhanced 911
183.1 	service fee.  The fee must include at least ten cents per month
183.2 	to be distributed under subdivision 2.  The commissioner shall
183.3 	inform wireless and wire-line telecommunications service
183.4 	providers that provide service capable of originating a 911
183.5 	emergency telephone call of the total amount of the 911 service
183.6 	fees in the same manner as provided in section 403.11.
183.7 	
EFFECTIVE DATE. This section is effective July 1, 2005.

183.8 	Sec. 15. Minnesota Statutes 2004, section 403.21,
183.9 	subdivision 8, is amended to read:
183.10 		Subd. 8.Subsystems.  "Subsystems" or "public safety
183.11 	radio subsystems" means systems identified in the plan or a plan
183.12 	developed under section 403.36as subsystems interconnected by
183.13 	the system backbone in subsequent phases and operated by the
183.14 	Metropolitan Radio Board, a regional radio board, or local
183.15 	government units for their own internal operations.
183.16 	
EFFECTIVE DATE. This section is effective the day
183.17 	following final enactment.

183.18 	Sec. 16. Minnesota Statutes 2004, section 403.27, is
183.19 	amended by adding a subdivision to read:
183.20 		Subd. 1a.Authorization; third phase. The commissioner
183.21 	of finance, if requested by a vote of at least two-thirds of all
183.22 	of the members of the Statewide Radio Board, may authorize the
183.23 	issuance of revenue bonds or other debt instrument for any of
183.24 	the following purposes to:
183.25 	(1) provide funds for the elements of the third phase of
183.26 	the statewide public safety radio communication system within
183.27 	the southeast district of the State Patrol and the counties of
183.28 	Benton, Sherburne, Stearns, and Wright that the board determines
183.29 	are of regional or statewide benefit and support mutual aid and
183.30 	emergency medical services communication including, but not
183.31 	limited to, costs of master controllers of the backbone;
183.32 	(2) provide funds for the third phase of the public safety
183.33 	radio communication system within the southeast district of the
183.34 	State Patrol and the counties of Benton, Sherburne, Stearns, and
183.35 	Wright;
183.36 	(3) provide money for assistance to a local government for
184.1 	up to 50 percent of the cost of building a subsystem within the
184.2 	southeast district of the State Patrol and the counties of
184.3 	Benton, Sherburne, Stearns, and Wright; and 
184.4 	(4) refund bonds issued under this section.
184.5 	
EFFECTIVE DATE. This section is effective July 1, 2005.

184.6 	Sec. 17. Minnesota Statutes 2004, section 403.27,
184.7 	subdivision 3, is amended to read:
184.8 		Subd. 3.Limitations.  (a) The principal amount of the
184.9 	bonds issued pursuant to subdivision 1, exclusive of any
184.10 	original issue discount, shall not exceed the amount of
184.11 	$10,000,000 plus the amount the council determines necessary to
184.12 	pay the costs of issuance, fund reserves, debt service, and pay
184.13 	for any bond insurance or other credit enhancement.
184.14 	(b) In addition to the amount authorized under paragraph
184.15 	(a), the council may issue bonds under subdivision 1 in a
184.16 	principal amount of $3,306,300, plus the amount the council
184.17 	determines necessary to pay the cost of issuance, fund reserves,
184.18 	debt service, and any bond insurance or other credit
184.19 	enhancement.  The proceeds of bonds issued under this paragraph
184.20 	may not be used to finance portable or subscriber radio sets.
184.21 	(c) In addition to the amount authorized under paragraphs
184.22 	(a) and (b), the council may issue bonds under subdivision 1 in
184.23 	a principal amount of $18,000,000, plus the amount the council
184.24 	determines necessary to pay the costs of issuance, fund
184.25 	reserves, debt service, and any bond insurance or other credit
184.26 	enhancement.  The proceeds of bonds issued under this paragraph
184.27 	must be used to pay up to 50 percent of the cost to a local
184.28 	government unit of building a subsystem and may not be used to
184.29 	finance portable or subscriber radio sets.  The bond proceeds
184.30 	may be used to make improvements to an existing 800 MHz radio
184.31 	system that will interoperate with the regionwide public safety
184.32 	radio communication system, provided that the improvements
184.33 	conform to the board's plan and technical standards.  The
184.34 	council must time the sale and issuance of the bonds so that the
184.35 	debt service on the bonds can be covered by the additional
184.36 	revenue that will become available in the fiscal year ending
185.1 	June 30, 2005, generated under section 403.11 and appropriated
185.2 	under section 403.30.
185.3 	(d) In addition to the amount authorized under paragraphs
185.4 	(a) to (c),The council commissioner of finance may issue bonds
185.5 	or other debt instrument under subdivision 1 1a in a principal
185.6 	amount of up to $27,000,000 $45,000,000, plus the amount the
185.7 	council commissioner of finance determines necessary to pay the
185.8 	costs of issuance, fund reserves, debt service, and any bond
185.9 	insurance or other credit enhancement.  The proceeds of bonds
185.10 	issued under this paragraph are appropriated to the commissioner
185.11 	of public safety for phase three of the public safety radio
185.12 	communication system. In anticipation of the receipt by the
185.13 	commissioner of public safety of the bond proceeds, the
185.14 	Metropolitan Radio Board may advance money from its operating
185.15 	appropriation to the commissioner of public safety to pay for
185.16 	design and preliminary engineering for phase three.  The
185.17 	commissioner of public safety must return these amounts to the
185.18 	Metropolitan Radio Board when the bond proceeds are received.
185.19 	(d) In addition to the amount authorized under paragraphs
185.20 	(a) through (c), the commissioner of finance may issue bonds
185.21 	under subdivision 1a in a principal amount of up to $9,500,000,
185.22 	plus the amount the commissioner of finance determines necessary
185.23 	to pay the costs of issuance, fund reserves, debt service, and
185.24 	any bond insurance or other credit enhancement.  The proceeds of
185.25 	bonds issued under this paragraph are appropriated to the
185.26 	commissioner of public safety for the purpose of subdivision 1a,
185.27 	clause (3), provided that the proceeds may not be used to
185.28 	finance portable or subscriber radio sets.
185.29 	
EFFECTIVE DATE. This section is effective July 1, 2005.

185.30 	Sec. 18. Minnesota Statutes 2004, section 403.27,
185.31 	subdivision 4, is amended to read:
185.32 		Subd. 4.Security.  The bonds issued under subdivision 1 
185.33 	may be secured by a bond resolution or a trust indenture entered
185.34 	into by the council with a corporate trustee within or outside
185.35 	the state which shall define the fee pledged for the payment and
185.36 	security of the bonds and for payment of all necessary and
186.1 	reasonable debt service expenses until all the bonds referred to
186.2 	in subdivision 1 are fully paid or discharged in accordance with
186.3 	law.  The pledge shall be a valid charge on the emergency
186.4 	telephone service fee provided in chapter 403.  No mortgage of
186.5 	or security interest in any tangible real or personal property
186.6 	shall be granted to the bondholders or the trustee, but they
186.7 	shall have a valid security interest in the revenues and bond
186.8 	proceeds received by the council and pledged to the payment of
186.9 	the bonds as against the claims of all persons in tort,
186.10 	contract, or otherwise, irrespective of whether the parties have
186.11 	notice and without possession or filing as provided in the
186.12 	Uniform Commercial Code, or any other law, subject however to
186.13 	the rights of the holders of any general obligation bonds issued
186.14 	under section 403.32.  In the bond resolution or trust
186.15 	indenture, the council may make covenants as it determines to be
186.16 	reasonable for the protection of the bondholders.
186.17 	Neither the council, nor any council member, officer,
186.18 	employee, or agent of the council, nor any person executing the
186.19 	bonds shall be liable personally on the bonds by reason of their
186.20 	issuance.  The bonds are not payable from, and are not a charge
186.21 	upon, any funds other than the revenues and bond proceeds
186.22 	pledged to their payment.  The council is not subject to any
186.23 	liability on the bonds and has no power to obligate itself to
186.24 	pay or to pay the bonds from funds other than the revenues and
186.25 	bond proceeds pledged.  No holder of bonds has the right to
186.26 	compel any exercise of the taxing power of the council, except
186.27 	any deficiency tax levy the council covenants to certify under
186.28 	section 403.31, or any other public body, to the payment of
186.29 	principal of or interest on the bonds.  No holder of bonds has
186.30 	the right to enforce payment of principal or interest against
186.31 	any property of the council or other public body other than that
186.32 	expressly pledged for the payment of the bonds.
186.33 	
EFFECTIVE DATE. This section is effective July 1, 2005.

186.34 	Sec. 19. Minnesota Statutes 2004, section 403.27, is
186.35 	amended by adding a subdivision to read:
186.36 		Subd. 5.Security. The bonds or other debt instrument
187.1 	issued under subdivision 1a may be secured by a bond resolution
187.2 	or a trust indenture entered into by the commissioner of finance
187.3 	with a corporate trustee within or outside the state which shall
187.4 	define the fee pledged for the payment and security of the bonds
187.5 	or other debt instrument and for payment of all necessary and
187.6 	reasonable debt service expenses until all the bonds or other
187.7 	debt instruments referred to in subdivision 1a are fully paid or
187.8 	discharged in accordance with law.  The pledge shall be a valid
187.9 	charge on the emergency telephone service fee provided in this
187.10 	chapter.  The bonds or other debt instrument shall have a valid
187.11 	security interest in the revenues and proceeds received by the
187.12 	commissioner of finance and pledged to the payment of the bonds
187.13 	or other debt instrument as against the claims of all persons in
187.14 	tort, contract, or otherwise, irrespective of whether the
187.15 	parties have notice and without possession or filing as provided
187.16 	in the Uniform Commercial Code, or any other law.  In the bond
187.17 	resolution or trust indenture, the commissioner of finance may
187.18 	make covenants as may be reasonable for the protection of the
187.19 	bondholders or other creditor.
187.20 	The bonds or other debt instrument are not payable from,
187.21 	and are not a charge upon, any funds other than the revenues and
187.22 	bond or other debt instrument proceeds pledged to their
187.23 	payment.  The state of Minnesota is not subject to any liability
187.24 	on the bonds and the commissioner of finance has no power to
187.25 	obligate the state of Minnesota to pay or to pay the bonds or
187.26 	other debt instruments from funds other than the revenues and
187.27 	debt instrument proceeds pledged.  No holder of bonds has the
187.28 	right to compel any exercise of the taxing power of the state of
187.29 	Minnesota, except any deficiency tax levy the commissioner is
187.30 	authorized to certify under section 403.31, or any other public
187.31 	body, to the payment of principal of or interest on the bonds or
187.32 	other debt instrument.  No holder of bonds has the right to
187.33 	enforce payment of principal or interest against any property of
187.34 	the state of Minnesota or other public body other than that
187.35 	expressly pledged for the payment of the bonds or other debt
187.36 	instrument.
188.1 	
EFFECTIVE DATE. This section is effective July 1, 2005.

188.2 	Sec. 20. Minnesota Statutes 2004, section 403.30,
188.3 	subdivision 1, is amended to read:
188.4 		Subdivision 1.Standing appropriation; costs covered.
 188.5 	For each fiscal year beginning with the fiscal year commencing
188.6 	July 1, 1997, the amount necessary to pay the following costs is
188.7 	appropriated to the commissioner of public safety from the 911
188.8 	emergency telecommunications service account established under
188.9 	section 403.11:
188.10 	(1) debt service costs and reserves for bonds issued
188.11 	pursuant to section 403.27, subdivision 1; and 
188.12 	(2) repayment of the right-of-way acquisition loans;
188.13 	(3) costs of design, construction, maintenance of, and
188.14 	improvements to those elements of the first, second, and third
188.15 	phases that support mutual aid communications and emergency
188.16 	medical services;
188.17 	(4) recurring charges for leased sites and equipment for
188.18 	those elements of the first, second, and third phases that
188.19 	support mutual aid and emergency medical communication services;
188.20 	or 
188.21 	(5) aid to local units of government for sites and
188.22 	equipment in support of mutual aid and emergency medical
188.23 	communications services cost authorized under subdivision 1a.
188.24 	This appropriation shall be used to pay annual debt service
188.25 	costs and reserves for bonds issued pursuant to section 403.27,
188.26 	subdivision 1,prior to use of fee money to pay other costs
188.27 	eligible under this subdivision.  In no event shall the
188.28 	appropriation for each fiscal year exceed an amount equal to
188.29 	four cents a month for each customer access line or other basic
188.30 	access service, including trunk equivalents as designated by the
188.31 	Public Utilities Commission for access charge purposes and
188.32 	including cellular and other nonwire access services, in the
188.33 	fiscal year. Beginning July 1, 2004, this amount will increase
188.34 	to 13 cents a month.
188.35 	
EFFECTIVE DATE. This section is effective July 1, 2005.

188.36 	Sec. 21. Minnesota Statutes 2004, section 403.30, is
189.1 	amended by adding a subdivision to read:
189.2 		Subd. 1a.Standing appropriation; costs covered. (a) For
189.3 	each fiscal year beginning with the fiscal year commencing July
189.4 	1, 2005, the amount necessary to pay the following costs is
189.5 	appropriated to the commissioner of public safety from the 911
189.6 	emergency telecommunications service account established under
189.7 	section 403.11:
189.8 	(1) debt service costs and reserves for bonds or other debt
189.9 	instrument issued pursuant to section 403.27, subdivision 1a;
189.10 	(2) repayment of the right-of-way acquisition loans;
189.11 	(3) costs of design, construction, maintenance of, and
189.12 	improvements to those elements of the system backbone that
189.13 	support mutual aid communications and emergency medical
189.14 	services; and 
189.15 	(4) recurring charges for leased sites and equipment for
189.16 	those elements of the system backbone that support mutual aid
189.17 	and emergency medical communication services.
189.18 	(b) The appropriation in paragraph (a) shall be used to pay
189.19 	annual debt service costs and reserves for bonds issued pursuant
189.20 	to section 403.27, subdivision 1a, prior to use of fee money to
189.21 	pay other costs eligible under this subdivision.  In no event
189.22 	shall the appropriation for each fiscal year exceed an amount
189.23 	equal to nine cents a month for each customer access line or
189.24 	other basic access service, including trunk equivalents as
189.25 	designated by the Public Utilities Commission for access charge
189.26 	purposes and cellular and other nonwire access services in the
189.27 	fiscal year, plus any excess amounts made available to the
189.28 	commissioner under subdivision 1, clause (2).
189.29 	
EFFECTIVE DATE. This section is effective July 1, 2005.

189.30 	Sec. 22. Minnesota Statutes 2004, section 403.30,
189.31 	subdivision 3, is amended to read:
189.32 		Subd. 3.monthly appropriation transfers. Each month,
189.33 	before the 25th day of the month,The commissioner shall
189.34 	transmit to the Metropolitan Council 1/12 of its total from the 
189.35 	approved appropriation for the regionwide public safety
189.36 	communication system of funds provided for in section 403.30,
190.1 	subdivision 1, the amount necessary to meet debt service costs
190.2 	and reserves for bonds issued by the Metropolitan Council
190.3 	pursuant to section 403.27, subdivision 1.
190.4 	
EFFECTIVE DATE. This section is effective July 1, 2005.

190.5 	Sec. 23. Minnesota Statutes 2004, section 403.30, is
190.6 	amended by adding a subdivision to read:
190.7 		Subd. 3a.Appropriation transfers. The commissioner
190.8 	shall transmit to the commissioner of finance from the approved
190.9 	appropriation of funds provided for in section 403.30,
190.10 	subdivision 1a, the amount necessary to meet debt service costs
190.11 	and reserves for bonds or other debt instrument issued by the
190.12 	commissioner of finance pursuant to section 403.27, subdivision
190.13 	1a.
190.14 	
EFFECTIVE DATE. This section is effective July 1, 2005.

190.15 	Sec. 24. Laws 2004, chapter 201, section 22, is amended to
190.16 	read:
190.17 	Sec. 22TRANSFER OF RESPONSIBILITIES.
 190.18 	On July 1, 2006 2005, the responsibilities of the
190.19 	Metropolitan Radio Board under Minnesota Statutes, sections
190.20 	403.21 to 403.34, that have not been assumed by the Metropolitan
190.21 	Radio Board as a regional radio board established under
190.22 	Minnesota Statutes, section 403.39, are transferred to the
190.23 	Statewide Radio Board under Minnesota Statutes, section 15.039.
190.24 	Contracts and obligations transferred to the Statewide Radio
190.25 	Board under this provision may be assigned to the commissioner
190.26 	of public safety or the commissioner of transportation to be
190.27 	administered consistent with Minnesota Statutes, section 403.36,
190.28 	and the statewide, shared public safety radio and communication
190.29 	plan provided for therein.

190.30 	EFFECTIVE DATE. This section is effective July 1, 2005.

190.31 	Sec. 25. REPEALER.
 190.32 	Minnesota Statutes 2004, sections 403.025, subdivision 4;
190.33 	and 403.30, subdivision 2, are repealed.

190.34 	EFFECTIVE DATE. This section is effective July 1, 2005.

190.35 	ARTICLE 11
190.36 	LAW ENFORCEMENT POLICY

191.1 	Section 1. Minnesota Statutes 2004, section 299A.38,
191.2 	subdivision 2, is amended to read:
191.3 		Subd. 2.State and local reimbursement.  Peace officers
191.4 	and heads of local law enforcement agencies who buy vests for
191.5 	the use of peace officer employees may apply to the commissioner
191.6 	for reimbursement of funds spent to buy vests.  On approving an
191.7 	application for reimbursement, the commissioner shall pay the
191.8 	applicant an amount equal to the lesser of one-half of the
191.9 	vest's purchase price or $300 $600, as adjusted according to
191.10 	subdivision 2a.  The political subdivision that employs the
191.11 	peace officer shall pay at least the lesser of one-half of the
191.12 	vest's purchase price or $300 $600, as adjusted according to
191.13 	subdivision 2a.  The political subdivision may not deduct or pay
191.14 	its share of the vest's cost from any clothing, maintenance, or
191.15 	similar allowance otherwise provided to the peace officer by the
191.16 	law enforcement agency.
191.17 	
EFFECTIVE DATE. This section is effective the day
191.18 	following final enactment.

191.19 	Sec. 2. Minnesota Statutes 2004, section 299A.38,
191.20 	subdivision 2a, is amended to read:
191.21 		Subd. 2a.Adjustment of reimbursement amount.  On October
191.22 	1, 1997 2006, the commissioner of public safety shall adjust
191.23 	the $300 $600 reimbursement amounts specified in subdivision 2,
191.24 	and in each subsequent year, on October 1, the commissioner
191.25 	shall adjust the reimbursement amount applicable immediately
191.26 	preceding that October 1 date.  The adjusted rate must reflect
191.27 	the annual percentage change in the Consumer Price Index for all
191.28 	urban consumers, published by the federal Bureau of Labor
191.29 	Statistics, occurring in the one-year period ending on the
191.30 	preceding June 1.
191.31 	
EFFECTIVE DATE. This section is effective the day
191.32 	following final enactment.

191.33 	Sec. 3. Minnesota Statutes 2004, section 299A.38,
191.34 	subdivision 3, is amended to read:
191.35 		Subd. 3.Eligibility requirements.  (a) Only vests that
191.36 	either meet or exceed the requirements of standard 0101.03 of
192.1 	the National Institute of Justice or that meet or exceed the
192.2 	requirements of that standard, except wet armor conditioning,
192.3 	are eligible for reimbursement.
192.4 	(b) Eligibility for reimbursement is limited to vests
192.5 	bought after December 31, 1986, by or for peace officers (1) who
192.6 	did not own a vest meeting the requirements of paragraph (a)
192.7 	before the purchase, or (2) who owned a vest that was at least
192.8 	six five years old.
192.9 	(c) The requirement set forth in paragraph (b), clauses (1)
192.10 	and (2), shall not apply to any peace officer who purchases a
192.11 	vest constructed from a zylon-based material, provided that the
192.12 	peace officer provides proof of purchase or possession of the
192.13 	vest prior to July 1, 2005.
192.14 	
EFFECTIVE DATE. This section is effective the day
192.15 	following final enactment.

192.16 	Sec. 4. [299A.641] GANG AND DRUG OVERSIGHT COUNCIL.
192.17 		Subdivision 1.Oversight council established. The Gang
192.18 	and Drug Oversight Council is established to provide guidance
192.19 	related to the investigation and prosecution of gang and drug
192.20 	crime.
192.21 		Subd. 2.Membership. The oversight council shall consist
192.22 	of the following individuals or their designees:
192.23 	(1) the director of the office of special investigations,
192.24 	as the representative of the commissioner of corrections;
192.25 	(2) the superintendent of the Bureau of Criminal
192.26 	Apprehension as the representative of the commissioner of public
192.27 	safety;
192.28 	(3) the attorney general;
192.29 	(4) eight chiefs of police, selected by the Minnesota
192.30 	Chiefs of Police Association, two of which must be selected from
192.31 	cities with populations greater than 200,000;
192.32 	(5) eight sheriffs, selected by the Minnesota Sheriffs
192.33 	Association to represent each district, two of which must be
192.34 	selected from counties with populations greater than 500,000;
192.35 	(6) the United States attorney for the district of
192.36 	Minnesota;
193.1 	(7) two county attorneys, selected by the Minnesota County
193.2 	Attorneys Association;
193.3 	(8) a command-level representative of a gang strike force;
193.4 	(9) a representative from a drug task force, selected by
193.5 	the Minnesota State Association of Narcotics Investigators;
193.6 	(10) a representative from the United States Drug
193.7 	Enforcement Administration;
193.8 	(11) a representative from the United States Bureau of
193.9 	Alcohol, Tobacco, and Firearms;
193.10 	(12) a representative from the Federal Bureau of
193.11 	Investigation;
193.12 	(13) a tribal peace officer, selected by the Minnesota
193.13 	Tribal Law Enforcement Association; and 
193.14 	(14) two additional members who may be selected by the
193.15 	oversight council.
193.16 	The oversight council may adopt procedures to govern its conduct
193.17 	as necessary and may select a chair from among its members.
193.18 	Subd. 3.[OVERSIGHT COUNCIL'S DUTIES.] The oversight
193.19 	council shall develop an overall strategy to ameliorate the harm
193.20 	caused to the public by gang and drug crime within the state of
193.21 	Minnesota.  This strategy may include the development of
193.22 	protocols and procedures to investigate gang and drug crime and
193.23 	a structure for best addressing these issues in a
193.24 	multijurisdictional manner.  Additionally, the oversight council
193.25 	shall:
193.26 	(1) identify and recommend a candidate or candidates for
193.27 	statewide coordinator to the commissioner of public safety;
193.28 	(2) establish multijurisdictional task forces and strike
193.29 	forces to combat gang and drug crime, to include a metro gang
193.30 	strike force;
193.31 	(3) assist the Department of Public Safety in developing an
193.32 	objective grant review application process that is free from
193.33 	conflicts of interest;
193.34 	(4) make funding recommendations to the commissioner of
193.35 	public safety on grants to support efforts to combat gang and
193.36 	drug crime;
194.1 	(5) assist in developing a process to collect and share
194.2 	information to improve the investigation and prosecution of drug
194.3 	offenses;
194.4 	(6) develop and approve an operational budget for the
194.5 	office of the statewide coordinator and the oversight council;
194.6 	and 
194.7 	(7) adopt criteria and identifying characteristics for use
194.8 	in determining whether individuals are or may be members of
194.9 	gangs involved in criminal activity.
194.10 		Subd. 4.Statewide coordinator. The current gang strike
194.11 	force commander shall serve as a transition coordinator until
194.12 	July 1, 2006, at which time the commissioner of public safety
194.13 	shall appoint a statewide coordinator as recommended by the
194.14 	oversight council.  The coordinator serving in the unclassified
194.15 	service shall:
194.16 	(1) coordinate and monitor all multijurisdictional gang and
194.17 	drug enforcement activities;
194.18 	(2) facilitate local efforts and ensure statewide
194.19 	coordination with efforts to combat gang and drug crime;
194.20 	(3) facilitate training for personnel;
194.21 	(4) monitor compliance with investigative protocols; and 
194.22 	(5) implement an outcome evaluation and data quality
194.23 	control process.
194.24 		Subd. 5.Participating officers; employment status. All
194.25 	participating law enforcement officers must be licensed peace
194.26 	officers as defined in section 626.84, subdivision 1, or
194.27 	qualified federal law enforcement officers as defined in section
194.28 	626.8453.  Participating officers remain employees of the same
194.29 	entity that employed them before joining any multijurisdictional
194.30 	entity established under this section.  Participating officers
194.31 	are not employees of the state.
194.32 		Subd. 6.Jurisdiction and powers. Law enforcement
194.33 	officers participating in any multijurisdictional entity
194.34 	established under this section have statewide jurisdiction to
194.35 	conduct criminal investigations and have the same powers of
194.36 	arrest as those possessed by a sheriff.
195.1 		Subd. 7.Grants authorized. The commissioner of public
195.2 	safety, upon recommendation of the council, may make grants to
195.3 	state and local units of government to combat gang and drug
195.4 	crime.
195.5 		Subd. 8.Oversight council is permanent. Notwithstanding
195.6 	section 15.059, this section does not expire.
195.7 		Subd. 9.Funding. Participating agencies may accept
195.8 	lawful grants or contributions from any federal source or legal
195.9 	business or entity.
195.10 		Subd. 10.Role of the attorney general. The attorney
195.11 	general or a designee shall generally advise on any matters that
195.12 	the oversight council deems appropriate.
195.13 		Subd. 11.Attorney general; community liaison. (a) The
195.14 	attorney general or a designee shall serve as a liaison between
195.15 	the oversight council and the councils created in sections
195.16 	3.922, 3.9223, 3.9225, and 3.9226.  The attorney general or
195.17 	designee will be responsible for:
195.18 	(1) informing the councils of the plans, activities, and
195.19 	decisions and hearing their reactions to those plans,
195.20 	activities, and decisions; and 
195.21 	(2) providing the oversight council with the councils'
195.22 	position on the oversight council's plan, activities, and
195.23 	decisions.
195.24 	(b) In no event is the oversight council required to
195.25 	disclose the names of individuals identified by it to the
195.26 	councils referenced in this subdivision.
195.27 	(c) Nothing in this subdivision changes the data
195.28 	classification of any data held by the oversight council.
195.29 	
EFFECTIVE DATE. This section is effective July 1, 2005.

195.30 	Sec. 5. [299A.681] MINNESOTA FINANCIAL CRIMES OVERSIGHT
195.31 	COUNCIL.
195.32 		Subdivision 1.Oversight council established. The
195.33 	Minnesota Financial Crimes Oversight Council is established to
195.34 	provide guidance related to the investigation and prosecution of
195.35 	identity theft and financial crime.
195.36 		Subd. 2.Membership. The council shall consist of the
196.1 	following individuals or their designees:
196.2 	(1) the commissioner of public safety;
196.3 	(2) the attorney general;
196.4 	(3) two chiefs of police, selected by the Minnesota Chiefs
196.5 	of Police Association from police departments which participate
196.6 	in the Minnesota Financial Crimes Task Force;
196.7 	(4) two sheriffs, selected by the Minnesota Sheriffs
196.8 	Association from sheriff departments which participate in the
196.9 	Minnesota Financial Crimes Task Force;
196.10 	(5) the United States attorney for the district of
196.11 	Minnesota;
196.12 	(6) one county attorney, selected by the Minnesota County
196.13 	Attorneys Association;
196.14 	(7) a representative from the United States Postal
196.15 	Inspector's Office;
196.16 	(8) a representative from a not-for-profit retail merchants
196.17 	industry;
196.18 	(9) a representative from a not-for-profit banking and
196.19 	credit union industry;
196.20 	(10) a representative from a not-for-profit association
196.21 	representing senior citizens;
196.22 	(11) the statewide commander described in subdivision 4;
196.23 	(12) a representative from the Board of Public Defense; and 
196.24 	(13) two additional members who shall be selected by the
196.25 	council.
196.26 	The council may adopt procedures to govern its conduct as
196.27 	necessary and shall select a chair from among its members.
196.28 		Subd. 3.Duties. The council shall develop an overall
196.29 	strategy to ameliorate the harm caused to the public by identity
196.30 	theft and financial crime within the state of Minnesota.  This
196.31 	strategy may include the development of protocols and procedures
196.32 	to investigate financial crimes and a structure for best
196.33 	addressing these issues in a multijurisdictional manner.
196.34 	Additionally, the council shall:
196.35 	(1) establish a multijurisdictional statewide Minnesota
196.36 	Financial Crimes Task Force to investigate major financial
197.1 	crimes;
197.2 	(2) choose a statewide commander who shall serve at the
197.3 	pleasure of the council;
197.4 	(3) assist the Department of Public Safety in developing an
197.5 	objective grant application and review process that is free from
197.6 	conflicts of interest;
197.7 	(4) make funding recommendations to the commissioner of
197.8 	public safety on grants to support efforts to combat identity
197.9 	theft and financial crime;
197.10 	(5) assist in developing a process to collect and share
197.11 	information to improve the investigation and prosecution of
197.12 	identity theft and financial crime;
197.13 	(6) develop and approve an operational budget for the
197.14 	office of the statewide commander and the council;
197.15 	(7) establish fiscal procedures with the Department of
197.16 	Public Safety on funding disbursements and allocation procedures
197.17 	for approved council and task force operations and grants which
197.18 	are funded under assessment fees collected in subdivision 9; and 
197.19 	(8) enter into such contracts as necessary to establish and
197.20 	maintain a relationship with the retailers, financial
197.21 	institutions, and other businesses to deal effectively with
197.22 	identity theft and financial crime.
197.23 	The task force described in clause (1) may consist of
197.24 	members from local law enforcement agencies, federal law
197.25 	enforcement agencies, state and federal prosecutor offices, the
197.26 	Board of Public Defense, and representatives from elderly
197.27 	victims, retail, and financial institutions as described in
197.28 	subdivision 2, clauses (8), (9), and (10).
197.29 		Subd. 4.Statewide commander. The current task force
197.30 	commander serving under section 299A.68 shall transition the
197.31 	current task force and remain in place as commander under the
197.32 	council until July 1, 2008, at which time the commissioner of
197.33 	public safety, upon the recommendation of the council, shall
197.34 	appoint a statewide commander as chosen by the council.  The
197.35 	commander serving in the unclassified service shall:
197.36 	(1) coordinate and monitor all multijurisdictional identity
198.1 	theft and financial crime enforcement activities;
198.2 	(2) facilitate local efforts and ensure statewide
198.3 	coordination with efforts to combat identity theft and financial
198.4 	crime;
198.5 	(3) facilitate training for personnel;
198.6 	(4) monitor compliance with investigative protocols;
198.7 	(5) implement an outcome evaluation and data quality
198.8 	control process;
198.9 	(6) be responsible for selection and removal for cause of
198.10 	assigned task force investigators who are designated
198.11 	participants under a memorandum of understanding and/or who
198.12 	receive grant funding;
198.13 	(7) provide supervision of task force investigators
198.14 	assigned;
198.15 	(8) submit a task force operational budget to the council
198.16 	for approval; and 
198.17 	(9) submit quarterly task force activity reports to the
198.18 	council.
198.19 		Subd. 5.Participating officers; employment status. All
198.20 	law enforcement officers selected to participate in the
198.21 	Minnesota Financial Crimes Task Force must be licensed peace
198.22 	officers as defined in section 626.84, subdivision 1, or
198.23 	qualified federal law enforcement officers as defined in section
198.24 	626.8453.  Participating officers remain employees of the same
198.25 	entity that employed them before joining any multijurisdictional
198.26 	entity established under this section.  Participating officers
198.27 	are not employees of the state.
198.28 		Subd. 6.Jurisdiction and powers. Law enforcement
198.29 	officers participating in any multijurisdictional entity
198.30 	established under this section have statewide jurisdiction to
198.31 	conduct criminal investigations and have the same powers of
198.32 	arrest as those possessed by a sheriff.  The task force shall
198.33 	retain the assigned originating reporting number for case
198.34 	reporting purposes according to section 299A.68 and transferred
198.35 	to this section effective July 1, 2005.
198.36 		Subd. 7.Grants authorized. The commissioner of public
199.1 	safety, upon recommendation of the council, shall make grants to
199.2 	state and local units of government to combat identity theft and
199.3 	financial crime.  The commander, as funding permits, may prepare
199.4 	a budget to establish four regional districts and funding grant
199.5 	allocations programs outside the counties of Hennepin, Ramsey,
199.6 	Anoka, Washington, and Dakota.  The budget shall be reviewed and
199.7 	approved by the council and recommended to the commissioner of
199.8 	public safety to support these efforts.  The council account
199.9 	shall be transferred on or before each fiscal accounting
199.10 	calendar quarter during each year on a recurring basis to its
199.11 	fiscal agent under subdivision 3, clause (7).
199.12 	Subd. 8.[VICTIMS' ASSISTANCE PROGRAM.] (a) The council
199.13 	may establish a victims' assistance program to assist victims of
199.14 	economic crimes and provide prevention and awareness programs.
199.15 	The council may retain outside services of not-for-profit
199.16 	organizations to assist in the development of delivery systems
199.17 	to aid victims of financial crimes.  Services to victims shall
199.18 	not include any financial assistance to victims, but are limited
199.19 	to helping victims obtain police assistance and giving direction
199.20 	to victims for protecting personal accounts and identities.
199.21 	Services include a victim 1-800 number, facsimile number, Web
199.22 	site, telephone service Monday through Friday, e-mail response,
199.23 	and interfaces to other helpful Web sites.  Information about
199.24 	victims gathered by the victim task force assistance program
199.25 	shall be covered by the Data Privacy Act under chapter 13.
199.26 	(b) The council may post or communicate through public
199.27 	service announcements in newspapers, radio, television, cable
199.28 	access, billboards, Internet, Web sites, and other normal
199.29 	advertising channels a financial reward of up to $2,000 for tips
199.30 	leading to the apprehension and successful prosecution of
199.31 	individuals committing economic crimes.  All rewards must meet
199.32 	the Minnesota Financial Crimes Oversight Council standards.  The
199.33 	release of funds shall be made to an individual whose
199.34 	information leads to the apprehension and prosecution of
199.35 	offenders committing economic or financial crimes against
199.36 	citizens or businesses in the state of Minnesota.  All rewards
200.1 	paid to an individual shall be reported to the Department of
200.2 	Revenue along with the individual's Social Security number.
200.3 		Subd. 9.Council and task force are permanent.
 200.4 	Notwithstanding section 15.059, this section does not expire.
200.5 		Subd. 10.Funding. The Minnesota Financial Crimes
200.6 	Oversight Council may accept lawful grants and in-kind
200.7 	contributions from any federal source or legal business or
200.8 	individual not funded by this section for general operation
200.9 	support, including personnel costs.  These grants or in-kind
200.10 	contributions are not to be directed toward the case of a
200.11 	particular victim or business.  The council fiscal agent shall
200.12 	handle all funds approved by the council including in-kind
200.13 	contributions.
200.14 		Subd. 11.Forfeiture. Property seized by the task force
200.15 	established by the council is subject to forfeiture pursuant to
200.16 	sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership
200.17 	cannot be established.  The council shall receive the proceeds
200.18 	from the sale of all property that it properly seizes and that
200.19 	is forfeited.
200.20 		Subd. 12.Transfer equipment from current minnesota
200.21 	financial crimes task force. All current equipment shall be
200.22 	transferred from the Minnesota Financial Crimes Task Force
200.23 	established under section 299A.68 to the Minnesota Financial
200.24 	Crimes Oversight Council established under this section for use
200.25 	by the Minnesota Financial Crimes Task Force formed under this
200.26 	section, effective July 1, 2005.
200.27 	
EFFECTIVE DATE. This section is effective July 1, 2005.

200.28 	Sec. 6. [299A.78] STATEWIDE HUMAN TRAFFICKING
200.29 	ASSESSMENT.
200.30 		Subdivision 1.Definitions. For purposes of sections
200.31 	299A.78 to 299A.795, the following definitions apply:
200.32 	(a) "Commissioner" means the commissioner of the Department
200.33 	of Public Safety.
200.34 	(b) "Nongovernmental organizations" means nonprofit,
200.35 	nongovernmental organizations that provide legal, social, or
200.36 	other community services.
201.1 	(c) "Blackmail" means a threat to expose any fact or
201.2 	alleged fact tending to cause shame or to subject any person to
201.3 	hatred, contempt, or ridicule.
201.4 	(d) "Debt bondage" means the status or condition of a
201.5 	debtor arising from a pledge by the debtor of the debtor's
201.6 	personal services or those of a person under the debtor's
201.7 	control as a security for debt, if the value of those services
201.8 	as reasonably assessed is not applied toward the liquidation of
201.9 	the debt or the length and nature of those services are not
201.10 	respectively limited and defined.
201.11 	(e) "Forced labor or services" means labor or services that
201.12 	are performed or provided by another person and are obtained or
201.13 	maintained through an actor's:
201.14 	(1) threat, either implicit or explicit, scheme, plan, or
201.15 	pattern, or other action intended to cause a person to believe
201.16 	that, if the person did not perform or provide the labor or
201.17 	services, that person or another person would suffer bodily harm
201.18 	or physical restraint;
201.19 	(2) physically restraining or threatening to physically
201.20 	restrain a person;
201.21 	(3) abuse or threatened abuse of the legal process;
201.22 	(4) knowingly destroying, concealing, removing,
201.23 	confiscating, or possessing any actual or purported passport or
201.24 	other immigration document, or any other actual or purported
201.25 	government identification document, of another person; or 
201.26 	(5) use of blackmail.
201.27 	(f)  "Labor trafficking" means the recruitment,
201.28 	transportation, transfer, harboring, enticement, provision,
201.29 	obtaining, or receipt of a person by any means, whether a United
201.30 	States citizen or foreign national, for the purpose of:
201.31 	(1) debt bondage or forced labor or services;
201.32 	(2) slavery or practices similar to slavery; or 
201.33 	(3) the removal of organs through the use of coercion or
201.34 	intimidation.
201.35 	(g)  "Labor trafficking victim" means a person subjected to
201.36 	the practices in paragraph (f).
202.1 	(h)  "Sex trafficking" means receiving, recruiting,
202.2 	enticing, harboring, providing, or obtaining by any means an
202.3 	individual to aid in the prostitution of the individual.
202.4 	(i)  "Sex trafficking victim" means a person subjected to
202.5 	the practices in paragraph (h).
202.6 	(j) "Trafficking" includes "labor trafficking" as defined
202.7 	in paragraph (f) , and "sex trafficking" as defined in paragraph
202.8 	(h).
202.9 	(k) "Trafficking victim" includes "labor trafficking
202.10 	victim" as defined in paragraph (g), and "sex trafficking
202.11 	victim" as defined in paragraph (i).
202.12 		Subd. 2.General duties. The commissioner of public
202.13 	safety shall:
202.14 	(1) in cooperation with local authorities, collect, share,
202.15 	and compile trafficking data among government agencies to assess
202.16 	the nature and extent of trafficking in Minnesota;
202.17 	(2) analyze collected data to develop a plan to address and
202.18 	prevent trafficking; and 
202.19 	(3) use its analyses to establish policies to enable state
202.20 	government to work with nongovernmental organizations to provide
202.21 	assistance to trafficking victims.
202.22 		Subd. 3.Outside services. As provided for in section
202.23 	15.061, the commissioner of public safety may contract with
202.24 	professional or technical services in connection with the duties
202.25 	to be performed under sections 299A.785 to 299A.795.  The
202.26 	commissioner may also contract with other outside organizations
202.27 	to assist with the duties to be performed under sections
202.28 	299A.785 to 299A.795.
202.29 	
EFFECTIVE DATE. This section is effective July 1, 2005.

202.30 	Sec. 7. [299A.785] TRAFFICKING STUDY.
202.31 		Subdivision 1.Information to be collected. The
202.32 	commissioner shall elicit the cooperation and assistance of
202.33 	government agencies and nongovernmental organizations as
202.34 	appropriate to assist in the collection of trafficking data.
202.35 	The commissioner shall direct the appropriate authorities in
202.36 	each agency and organization to make best efforts to collect
203.1 	information relevant to tracking progress on trafficking.  The
203.2 	information to be collected may include, but is not limited to:
203.3 	(1) the numbers of arrests, prosecutions, and successful
203.4 	convictions of traffickers and those committing trafficking
203.5 	related crimes, including, but not limited to, the following
203.6 	offenses:  609.27, coercion; 609.322, solicitation of
203.7 	prostitution; 609.324, other prostitution crimes; 609.33,
203.8 	disorderly house; 609.352, solicitation of a child; and 617.245
203.9 	and 617.246, use of minors in sexual performance;
203.10 	(2) statistics on the number of trafficking victims,
203.11 	including demographics, method of recruitment, and method of
203.12 	discovery;
203.13 	(3) trafficking routes and patterns, states or country of
203.14 	origin, transit states or countries;
203.15 	(4) method of transportation, motor vehicles, aircraft,
203.16 	watercraft, or by foot if any transportation took place; and 
203.17 	(5) social factors that contribute to and foster
203.18 	trafficking, especially trafficking of women and children.
203.19 		Subd. 2.Report and annual publication. (a) By September
203.20 	1, 2006, the commissioner of public safety shall report to the
203.21 	chairs of the senate and house of representatives committees and
203.22 	divisions having jurisdiction over criminal justice policy and
203.23 	funding a summary of its findings.  This report shall include,
203.24 	to the extent possible, the information to be collected in
203.25 	subdivision 1 and any other information the commissioner finds
203.26 	relevant to the issue of trafficking in Minnesota.
203.27 	(b) The commissioner shall gather, compile, and publish
203.28 	annually statistical data on the extent and nature of
203.29 	trafficking in Minnesota.  This annual publication shall be
203.30 	available to the public and include, to the extent possible, the
203.31 	information to be collected in subdivision 1 and any other
203.32 	information the commissioner finds relevant to the issue of
203.33 	trafficking in Minnesota.
203.34 	
EFFECTIVE DATE. This section is effective July 1, 2005.

203.35 	Sec. 8. [299A.79] TRAFFICKING ANALYSIS AND INITIATIVES.
203.36 		Subdivision 1.Data analysis. The commissioner shall
204.1 	analyze the data collected in section 299A.785 to develop and
204.2 	carry out a plan to address current trafficking and prevent
204.3 	future trafficking in Minnesota.  The commissioner may evaluate
204.4 	various approaches used by other state and local governments to
204.5 	address trafficking.  The plan shall include, but not be limited
204.6 	to, the following initiatives:
204.7 	(1) training agencies, organizations, and officials
204.8 	involved in law enforcement, prosecution, and social services;
204.9 	(2) increasing public awareness of trafficking; and 
204.10 	(3) establishing procedures to enable the state government
204.11 	to work with nongovernmental organizations to prevent
204.12 	trafficking.
204.13 		Subd. 2.Training initiatives. (a) The commissioner
204.14 	shall provide and strengthen training for law enforcement,
204.15 	prosecutors, social services, and other relevant officials in
204.16 	addressing trafficking.  The training shall include:
204.17 	(1) methods used in identifying trafficking victims,
204.18 	including preliminary interview techniques and appropriate
204.19 	interrogation methods;
204.20 	(2) methods for prosecuting traffickers;
204.21 	(3) methods for protecting the rights of trafficking
204.22 	victims, taking into account the need to consider human rights
204.23 	and special needs of women and children trafficking victims; and 
204.24 	(4) methods for promoting the safety of trafficking victims.
204.25 	(b) Once created and as updated, the commissioner shall
204.26 	provide training plans and materials associated with paragraph
204.27 	(a) to the Board of Peace Officer Standards and Training.
204.28 		Subd. 3.Awareness initiatives. (a) The commissioner
204.29 	shall, in cooperation with appropriate nongovernmental
204.30 	organizations, establish public awareness programs designed to
204.31 	educate persons at risk of trafficking and their families of the
204.32 	risks of victimization.  The programs shall include, but not be
204.33 	limited to, information on the following subjects:
204.34 	(1) the risks of becoming a trafficking victim, including:
204.35 	(i) common recruitment techniques, such as use of debt
204.36 	bondage, blackmail, forced labor and services, prostitution, and
205.1 	other coercive tactics; and 
205.2 	(ii) the risks of assault, criminal sexual conduct,
205.3 	exposure to sexually transmitted diseases, and psychological
205.4 	harm;
205.5 	(2) crime victims' rights in Minnesota; and 
205.6 	(3) methods for reporting recruitment activities involved
205.7 	in trafficking.
205.8 	(b) The commissioner shall, in cooperation with appropriate
205.9 	agencies and nongovernmental organizations, disseminate public
205.10 	awareness materials to educate the public on the extent of
205.11 	trafficking and to discourage the demand that fosters and leads
205.12 	to trafficking, in particular trafficking of women and children.
205.13 	These materials may include information on:
205.14 	(1) the impact of trafficking on victims;
205.15 	(2) the aggregate impact of trafficking worldwide and
205.16 	domestically; and 
205.17 	(3) the criminal consequences of trafficking.  The
205.18 	materials may be disseminated by way of the following media:
205.19 	pamphlets, brochures, posters, advertisements in mass media, or
205.20 	any other appropriate methods.
205.21 	(c) Once created and as updated, the commissioner shall
205.22 	provide samples of the materials disseminated under paragraph
205.23 	(b) to the Department of Public Safety's office of justice
205.24 	program.
205.25 		Subd. 4.Annual evaluation. The commissioner shall
205.26 	evaluate its training and awareness initiatives annually to
205.27 	ensure their effectiveness.
205.28 	
EFFECTIVE DATE. This section is effective July 1, 2005.

205.29 	Sec. 9. [299A.795] TRAFFICKING VICTIM ASSISTANCE.
205.30 	(a) The commissioner shall establish policies to enable
205.31 	state government to work with nongovernmental organizations to
205.32 	provide assistance to trafficking victims.
205.33 	(b) The commissioner may review the existing services and
205.34 	facilities to meet trafficking victims' needs and recommend a
205.35 	plan that would coordinate such services, including, but not
205.36 	limited to:
206.1 	(1) medical and mental health services;
206.2 	(2) housing;
206.3 	(3) education and job training;
206.4 	(4) English as a second language;
206.5 	(5) interpreting services;
206.6 	(6) legal and immigration services; and 
206.7 	(7) victim compensation.

206.8 	EFFECTIVE DATE. This section is effective July 1, 2005.

206.9 	Sec. 10. Minnesota Statutes 2004, section 299C.10,
206.10 	subdivision 1, is amended to read:
206.11 		Subdivision 1.Required fingerprinting.  (a) Sheriffs,
206.12 	peace officers, and community corrections agencies operating
206.13 	secure juvenile detention facilities shall take or cause to be
206.14 	taken immediately finger and thumb prints, photographs,
206.15 	distinctive physical mark identification data, information on
206.16 	any known aliases or street names, and other identification data
206.17 	requested or required by the superintendent of the bureau, of
206.18 	the following:
206.19 	(1) persons arrested for, appearing in court on a charge
206.20 	of, or convicted of a felony, gross misdemeanor, or targeted
206.21 	misdemeanor;
206.22 	(2) juveniles arrested for, appearing in court on a charge
206.23 	of, adjudicated delinquent for, or alleged to have committed
206.24 	felonies or gross misdemeanors as distinguished from those
206.25 	committed by adult offenders;
206.26 	(3) persons reasonably believed by the arresting officer to
206.27 	be fugitives from justice;
206.28 	(4) persons in whose possession, when arrested, are found
206.29 	concealed firearms or other dangerous weapons, burglar tools or
206.30 	outfits, high-power explosives, or articles, machines, or
206.31 	appliances usable for an unlawful purpose and reasonably
206.32 	believed by the arresting officer to be intended for such
206.33 	purposes; and 
206.34 	(5) juveniles referred by a law enforcement agency to a
206.35 	diversion program for a felony or gross misdemeanor offense; and 
206.36 	(6) persons currently involved in the criminal justice
207.1 	process, on probation, on parole, or in custody for the offenses
207.2 	in suspense whom the superintendent of the bureau identifies as
207.3 	being the subject of a court disposition record which cannot be
207.4 	linked to an arrest record, and whose fingerprints are necessary
207.5 	in order to maintain and ensure the accuracy of the bureau's
207.6 	criminal history files, to reduce the number of suspense files,
207.7 	or to comply with the mandates of section 299C.111, relating to
207.8 	the reduction of the number of suspense files.  This duty to
207.9 	obtain fingerprints for the offenses in suspense at the request
207.10 	of the bureau shall include the requirement that fingerprints be
207.11 	taken in post-arrest interviews; while making court appearances;
207.12 	while in custody; or while on any form of probation, diversion,
207.13 	or supervised release.
207.14 	(b) Unless the superintendent of the bureau requires a
207.15 	shorter period, within 24 hours the fingerprint records and
207.16 	other identification data specified under paragraph (a) must be
207.17 	forwarded to the bureau on such forms and in such manner as may
207.18 	be prescribed by the superintendent.
207.19 	(c) Prosecutors, courts, and probation officers and their
207.20 	agents, employees, and subordinates,shall attempt to ensure
207.21 	that the required identification data is taken on a person
207.22 	described in paragraph (a). Law enforcement may take
207.23 	fingerprints of an individual who is presently on probation.
207.24 	(d) For purposes of this section, a targeted misdemeanor is
207.25 	a misdemeanor violation of section 169A.20 (driving while
207.26 	impaired), 518B.01 (order for protection violation), 609.224
207.27 	(fifth degree assault), 609.2242 (domestic assault), 609.746
207.28 	(interference with privacy), 609.748 (harassment or restraining
207.29 	order violation), or 617.23 (indecent exposure).
207.30 	
EFFECTIVE DATE. This section is effective July 1, 2005.

207.31 	Sec. 11. Minnesota Statutes 2004, section 299C.10, is
207.32 	amended by adding a subdivision to read:
207.33 		Subd. 1a.Court disposition record in suspense;
207.34 	fingerprinting. The superintendent of the bureau shall inform a
207.35 	prosecuting authority that a person prosecuted by that authority
207.36 	is the subject of a court disposition record in suspense which
208.1 	requires fingerprinting under this section.  Upon being notified
208.2 	by the superintendent or otherwise learning of the suspense
208.3 	status of a court disposition record, any prosecuting authority
208.4 	may bring a motion in district court to compel the taking of the
208.5 	person's fingerprints upon a showing to the court that the
208.6 	person is the subject of the court disposition record in
208.7 	suspense.
208.8 	
EFFECTIVE DATE. This section is effective July 1, 2005.

208.9 	Sec. 12. Minnesota Statutes 2004, section 299C.14, is
208.10 	amended to read:
208.11 	299C.14 INFORMATION ON RELEASED PRISONER.
208.12 	It shall be the duty of the officials having charge of the
208.13 	penal institutions of the state or the release of prisoners
208.14 	therefrom to furnish to the bureau, as the superintendent may
208.15 	require, finger and thumb prints, photographs, distinctive
208.16 	physical mark identification data, other identification data,
208.17 	modus operandi reports, and criminal records of prisoners
208.18 	heretofore, now, or hereafter confined in such penal
208.19 	institutions, together with the period of their service and the
208.20 	time, terms, and conditions of their discharge. This duty to
208.21 	furnish information includes, but is not limited to, requests
208.22 	for fingerprints as the superintendent of the bureau deems
208.23 	necessary to maintain and ensure the accuracy of the bureau's
208.24 	criminal history files, to reduce the number of suspense files,
208.25 	or to comply with the mandates of section 299C.111 relating to
208.26 	the reduction of the number of suspense files where a
208.27 	disposition record is received that cannot be linked to an
208.28 	arrest record.

208.29 	EFFECTIVE DATE. This section is effective July 1, 2005.

208.30 	Sec. 13. Minnesota Statutes 2004, section 299C.145,
208.31 	subdivision 3, is amended to read:
208.32 		Subd. 3.Authority to enter or retrieve data.  Only law
208.33 	enforcement criminal justice agencies, as defined in section
208.34 	299C.46, subdivision 2,may submit data to and obtain data from
208.35 	the distinctive physical mark identification system.
208.36 	
EFFECTIVE DATE. This section is effective July 1, 2005.

209.1 	Sec. 14. Minnesota Statutes 2004, section 299C.65,
209.2 	subdivision 1, is amended to read:
209.3 		Subdivision 1.Membership, duties.  (a) The Criminal and
209.4 	Juvenile Justice Information Policy Group consists of the
209.5 	commissioner of corrections, the commissioner of public safety,
209.6 	the commissioner of administration, the commissioner of finance,
209.7 	and four members of the judicial branch appointed by the chief
209.8 	justice of the Supreme Court, the chief administrator of the
209.9 	Board of Public Defense, and the chair, the first vice chair,
209.10 	and two additional members of the Criminal and Juvenile Justice
209.11 	Information Task Force.  The two additional members of the task
209.12 	force must be elected officials, and one must have been selected
209.13 	by the League of Minnesota Cities and the other by the Minnesota
209.14 	Association of Counties.  The policy group may appoint
209.15 	additional, nonvoting members as necessary from time to time.
209.16 	(b) The commissioner of public safety is designated as the
209.17 	chair of the policy group.  The commissioner and the policy
209.18 	group have overall responsibility for the successful completion
209.19 	of statewide criminal justice information system integration
209.20 	(CriMNet).  The policy group may hire a program manager an
209.21 	executive director to manage the CriMNet projects and to be
209.22 	responsible for the day-to-day operations of CriMNet. The
209.23 	executive director shall serve at the pleasure of the policy
209.24 	group in unclassified service.The policy group must ensure
209.25 	that generally accepted project management techniques are
209.26 	utilized for each CriMNet project, including:
209.27 	(1) clear sponsorship;
209.28 	(2) scope management;
209.29 	(3) project planning, control, and execution;
209.30 	(4) continuous risk assessment and mitigation;
209.31 	(5) cost management;
209.32 	(6) quality management reviews;
209.33 	(7) communications management; and 
209.34 	(8) proven methodology; and 
209.35 	(9) education and training.
209.36 	(c) Products and services for CriMNet project management,
210.1 	system design, implementation, and application hosting must be
210.2 	acquired using an appropriate procurement process, which
210.3 	includes:
210.4 	(1) a determination of required products and services;
210.5 	(2) a request for proposal development and identification
210.6 	of potential sources;
210.7 	(3) competitive bid solicitation, evaluation, and
210.8 	selection; and
210.9 	(4) contract administration and close-out.
210.10 	(d) The policy group shall study and make recommendations
210.11 	to the governor, the Supreme Court, and the legislature on:
210.12 	(1) a framework for integrated criminal justice information
210.13 	systems, including the development and maintenance of a
210.14 	community data model for state, county, and local criminal
210.15 	justice information;
210.16 	(2) the responsibilities of each entity within the criminal
210.17 	and juvenile justice systems concerning the collection,
210.18 	maintenance, dissemination, and sharing of criminal justice
210.19 	information with one another;
210.20 	(3) actions necessary to ensure that information maintained
210.21 	in the criminal justice information systems is accurate and
210.22 	up-to-date;
210.23 	(4) the development of an information system containing
210.24 	criminal justice information on gross misdemeanor-level and
210.25 	felony-level juvenile offenders that is part of the integrated
210.26 	criminal justice information system framework;
210.27 	(5) the development of an information system containing
210.28 	criminal justice information on misdemeanor arrests,
210.29 	prosecutions, and convictions that is part of the integrated
210.30 	criminal justice information system framework;
210.31 	(6) comprehensive training programs and requirements for
210.32 	all individuals in criminal justice agencies to ensure the
210.33 	quality and accuracy of information in those systems;
210.34 	(7) continuing education requirements for individuals in
210.35 	criminal justice agencies who are responsible for the
210.36 	collection, maintenance, dissemination, and sharing of criminal
211.1 	justice data;
211.2 	(8) a periodic audit process to ensure the quality and
211.3 	accuracy of information contained in the criminal justice
211.4 	information systems;
211.5 	(9) the equipment, training, and funding needs of the state
211.6 	and local agencies that participate in the criminal justice
211.7 	information systems;
211.8 	(10) the impact of integrated criminal justice information
211.9 	systems on individual privacy rights;
211.10 	(11) the impact of proposed legislation on the criminal
211.11 	justice system, including any fiscal impact, need for training,
211.12 	changes in information systems, and changes in processes;
211.13 	(12) the collection of data on race and ethnicity in
211.14 	criminal justice information systems;
211.15 	(13) the development of a tracking system for domestic
211.16 	abuse orders for protection;
211.17 	(14) processes for expungement, correction of inaccurate
211.18 	records, destruction of records, and other matters relating to
211.19 	the privacy interests of individuals; and
211.20 	(15) the development of a database for extended
211.21 	jurisdiction juvenile records and whether the records should be
211.22 	public or private and how long they should be retained.
211.23 	
EFFECTIVE DATE. This section is effective July 1, 2005.

211.24 	Sec. 15. Minnesota Statutes 2004, section 299C.65,
211.25 	subdivision 2, is amended to read:
211.26 		Subd. 2.report,task force. (a) The policy group shall
211.27 	file an annual report with the governor, Supreme Court, and
211.28 	chairs and ranking minority members of the senate and house
211.29 	committees and divisions with jurisdiction over criminal justice
211.30 	funding and policy by December 1 of each year.
211.31 	(b) The report must make recommendations concerning any
211.32 	legislative changes or appropriations that are needed to ensure
211.33 	that the criminal justice information systems operate accurately
211.34 	and efficiently.  To assist them in developing their
211.35 	recommendations,The policy group shall appoint a task force
211.36 	consisting to assist them in their duties.  The task force shall
212.1 	monitor, review, and report to the policy group on
212.2 	CriMNet-related projects and provide oversight to ongoing
212.3 	operations as directed by the policy group.  The task force
212.4 	shall consist of its members or their designees and the
212.5 	following additional members:
212.6 	(1) the director of the Office of Strategic and Long-Range
212.7 	Planning;
212.8 	(2) two sheriffs recommended by the Minnesota Sheriffs
212.9 	Association;
212.10 	(3) (2) two police chiefs recommended by the Minnesota
212.11 	Chiefs of Police Association;
212.12 	(4) (3) two county attorneys recommended by the Minnesota
212.13 	County Attorneys Association;
212.14 	(5) (4) two city attorneys recommended by the Minnesota
212.15 	League of Cities;
212.16 	(6) (5) two public defenders appointed by the Board of
212.17 	Public Defense;
212.18 	(7) (6) two district judges appointed by the Conference of
212.19 	Chief Judges, one of whom is currently assigned to the juvenile
212.20 	court;
212.21 	(8) (7) two community corrections administrators
212.22 	recommended by the Minnesota Association of Counties, one of
212.23 	whom represents a community corrections act county;
212.24 	(9) (8) two probation officers;
212.25 	(10) (9) four public members, one of whom has been a victim
212.26 	of crime, and two who are representatives of the private
212.27 	business community who have expertise in integrated information
212.28 	systems;
212.29 	(11) (10) two court administrators;
212.30 	(12) (11) one member of the house of representatives
212.31 	appointed by the speaker of the house;
212.32 	(13) (12) one member of the senate appointed by the
212.33 	majority leader;
212.34 	(14) (13) the attorney general or a designee;
212.35 	(15) the commissioner of administration or a designee;
212.36 	(16) (14) an individual two individuals recommended by the
213.1 	Minnesota League of Cities, one of whom works or resides in
213.2 	greater Minnesota and one of whom works or resides in the
213.3 	seven-county metropolitan area; and 
213.4 	(17) (15) an individual two individuals recommended by the
213.5 	Minnesota Association of Counties, one of whom works or resides
213.6 	in greater Minnesota and one of whom works or resides in the
213.7 	seven-county metropolitan area;
213.8 	(16) the director of the Sentencing Guidelines Commission;
213.9 	(17) one member appointed by the commissioner of public
213.10 	safety;
213.11 	(18) one member appointed by the commissioner of
213.12 	corrections;
213.13 	(19) one member appointed by the commissioner of
213.14 	administration; and 
213.15 	(20) one member appointed by the chief justice of the
213.16 	Supreme Court.
213.17 	In making these appointments, the appointing authority shall
213.18 	select members with expertise in integrated data systems or best
213.19 	practices. The task force member selected by the League of
213.20 	Minnesota Cities and the member selected by the Minnesota
213.21 	Association of Counties who are also members of the policy group
213.22 	may each select an alternate to serve on the task force in their
213.23 	absence.
213.24 	(c) The commissioner of public safety may appoint
213.25 	additional, nonvoting members to the task force as necessary
213.26 	from time to time.
213.27 	
EFFECTIVE DATE. This section is effective July 1, 2005.

213.28 	Sec. 16. Minnesota Statutes 2004, section 299C.65, is
213.29 	amended by adding a subdivision to read:
213.30 		Subd. 3a.Report. The policy group, with the assistance
213.31 	of the task force, shall file an annual report with the
213.32 	governor, Supreme Court, and chairs and ranking minority members
213.33 	of the senate and house committees and divisions with
213.34 	jurisdiction over criminal justice funding and policy by January
213.35 	15 of each year.  The report must provide the following:
213.36 	(1) status and review of current integration efforts and
214.1 	projects;
214.2 	(2) recommendations concerning any legislative changes or
214.3 	appropriations that are needed to ensure that the criminal
214.4 	justice information systems operate accurately and efficiently;
214.5 	and 
214.6 	(3) summary of the activities of the policy group and task
214.7 	force.
214.8 	
EFFECTIVE DATE. This section is effective July 1, 2005.

214.9 	Sec. 17. Minnesota Statutes 2004, section 299C.65,
214.10 	subdivision 5, is amended to read:
214.11 		Subd. 5.Review of funding and grant requests.  (a) The
214.12 	Criminal and Juvenile Justice Information Policy Group shall
214.13 	review the funding requests for criminal justice information
214.14 	systems from state, county, and municipal government agencies.
214.15 	The policy group shall review the requests for compatibility to
214.16 	statewide criminal justice information system standards.  The
214.17 	review shall be forwarded to the chairs and ranking minority
214.18 	members of the house and senate committees and divisions with
214.19 	jurisdiction over criminal justice funding and policy.
214.20 	(b) The policy group shall also review funding requests for
214.21 	criminal justice information systems grants to be made by the
214.22 	commissioner of public safety as provided in this section.
214.23 	Within the limits of available appropriations, the commissioner
214.24 	of public safety shall make grants for projects that have been
214.25 	approved by the policy group.CriMNet program office, in
214.26 	consultation with the Criminal and Juvenile Justice Information
214.27 	Task Force and with the approval of the policy group, shall
214.28 	create the requirements for any grant request and determine the
214.29 	integration priorities for the grant period.  The CriMNet
214.30 	program office shall also review the requests submitted for
214.31 	compatibility to statewide criminal justice information systems
214.32 	standards.
214.33 	(c) If a funding request is for development of a
214.34 	comprehensive criminal justice information integration plan, the
214.35 	policy group shall ensure that the request contains the
214.36 	components specified in subdivision 6.  If a funding request is
215.1 	for implementation of a plan or other criminal justice
215.2 	information systems project, the policy group shall ensure that:
215.3 	(1) the government agency has adopted a comprehensive plan
215.4 	that complies with subdivision 6;
215.5 	(2) the request contains the components specified in
215.6 	subdivision 7; and 
215.7 	(3) the request demonstrates that it is consistent with the
215.8 	government agency's comprehensive plan.The task force shall
215.9 	review funding requests for criminal justice information systems
215.10 	grants and make recommendations to the policy group.  The policy
215.11 	group shall review the recommendations of the task force and
215.12 	shall make a final recommendation for criminal justice
215.13 	information systems grants to be made by the commissioner of
215.14 	public safety.  Within the limits of available state
215.15 	appropriations and federal grants, the commissioner of public
215.16 	safety shall make grants for projects that have been recommended
215.17 	by the policy group.
215.18 	(d) The policy group may approve grants only if the
215.19 	applicant provides an appropriate share of matching funds as
215.20 	determined by the policy group to help pay up to one-half of the
215.21 	costs of the grant request.  The matching requirement must be
215.22 	constant for all counties.  The policy group shall adopt
215.23 	policies concerning the use of in-kind resources to satisfy the
215.24 	match requirement and the sources from which matching funds may
215.25 	be obtained.  Local operational or technology staffing costs may
215.26 	be considered as meeting this match requirement.  Each grant
215.27 	recipient shall certify to the policy group that it has not
215.28 	reduced funds from local, county, federal, or other sources
215.29 	which, in the absence of the grant, would have been made
215.30 	available to the grant recipient to improve or integrate
215.31 	criminal justice technology.
215.32 	(e) All grant recipients shall submit to the CriMNet
215.33 	program office all requested documentation including grant
215.34 	status, financial reports, and a final report evaluating how the
215.35 	grant funds improved the agency's criminal justice integration
215.36 	priorities.  The CriMNet program office shall establish the
216.1 	recipient's reporting dates at the time funds are awarded.
216.2 	
EFFECTIVE DATE. This section is effective July 1, 2005.

216.3 	Sec. 18. Minnesota Statutes 2004, section 326.3384,
216.4 	subdivision 1, is amended to read:
216.5 		Subdivision 1.Prohibition.  No license holder or
216.6 	employee of a license holder shall, in a manner that implies
216.7 	that the person is an employee or agent of a governmental
216.8 	agency, display on a badge, identification card, emblem,
216.9 	vehicle, uniform, stationery, or in advertising for private
216.10 	detective or protective agent services:
216.11 	(1) the words "public safety," "police," "constable,"
216.12 	"highway patrol," "state patrol," "sheriff," "trooper," or "law
216.13 	enforcement"; or
216.14 	(2) the name of a municipality, county, state, or of the
216.15 	United States, or any governmental subdivision thereof.
216.16 	
EFFECTIVE DATE. This section is effective the day
216.17 	following final enactment.

216.18 	Sec. 19. [629.406] MAINTENANCE OF BOOKING RECORDINGS.
216.19 	When a law enforcement agency elects to produce an
216.20 	electronic recording of any portion of the arrest, booking, or
216.21 	testing process in connection with the arrest of a person, the
216.22 	agency must maintain the recording for a minimum of 30 days
216.23 	after the date the person was booked.

216.24 	EFFECTIVE DATE. This section is effective the day
216.25 	following final enactment.

216.26 	Sec. 20. REPEALER.
 216.27 	(a) Minnesota Statutes 2004, sections 299A.64; 299A.65; and
216.28 	299A.66, are repealed.
216.29 	(b) Minnesota Statutes 2004, sections 299A.68; and 299C.65,
216.30 	subdivisions 3, 4, 6, 7, 8, 8a, and 9, are repealed.

216.31 	EFFECTIVE DATE. Paragraph (a) is effective January 1,
216.32 	2006.  Paragraph (b) is effective July 1, 2005.

216.33 	ARTICLE 12
216.34 	DNA COLLECTION

216.35 	Section 1. Minnesota Statutes 2004, section 13.6905,
216.36 	subdivision 17, is amended to read:
217.1 		Subd. 17.Dna evidence.  DNA identification data
217.2 	maintained by the Bureau of Criminal Apprehension are governed
217.3 	by section sections 299C.11 and 299C.155.
217.4 	
EFFECTIVE DATE. This section is effective July 1, 2005.

217.5 	Sec. 2. Minnesota Statutes 2004, section 299C.03, is
217.6 	amended to read:
217.7 	299C.03 SUPERINTENDENT; RULES.
217.8 	The superintendent, with the approval of the commissioner
217.9 	of public safety, from time to time, shall make such rules and
217.10 	adopt such measures as the superintendent deems necessary,
217.11 	within the provisions and limitations of sections 299C.03 to
217.12 	299C.08, 299C.10, 299C.105,299C.11, 299C.17, 299C.18, and
217.13 	299C.21, to secure the efficient operation of the bureau.  The
217.14 	bureau shall cooperate with the respective sheriffs, constables,
217.15 	marshals, police, and other peace officers of the state in the
217.16 	detection of crime and the apprehension of criminals throughout
217.17 	the state, and shall have the power to conduct such
217.18 	investigations as the superintendent, with the approval of the
217.19 	commissioner of public safety, may deem necessary to secure
217.20 	evidence which may be essential to the apprehension and
217.21 	conviction of alleged violators of the criminal laws of the
217.22 	state.  The various members of the bureau shall have and may
217.23 	exercise throughout the state the same powers of arrest
217.24 	possessed by a sheriff, but they shall not be employed to render
217.25 	police service in connection with strikes and other industrial
217.26 	disputes.

217.27 	EFFECTIVE DATE. This section is effective July 1, 2005.

217.28 	Sec. 3. Minnesota Statutes 2004, section 299C.08, is
217.29 	amended to read:
217.30 	299C.08 OATH OF SUPERINTENDENT AND EMPLOYEES.
217.31 	The superintendent and each employee in the bureau whom the
217.32 	superintendent shall designate, before entering upon the
217.33 	performance of duties under sections 299C.03 to 299C.08,
217.34 	299C.10, 299C.105,299C.11, 299C.17, 299C.18, and 299C.21, shall
217.35 	take the usual oath.

217.36 	EFFECTIVE DATE. This section is effective July 1, 2005.

218.1 	Sec. 4. [299C.105] DNA DATA REQUIRED.
218.2 		Subdivision 1.Required collection of biological specimen
218.3 	for dna testing. (a) Sheriffs, peace officers, and community
218.4 	corrections agencies operating secure juvenile detention
218.5 	facilities shall take or cause to be taken immediately
218.6 	biological specimens for the purpose of DNA analysis as defined
218.7 	in section 299C.155, of the following:
218.8 	(1) persons arrested for, appearing in court on a charge
218.9 	of, or convicted of or attempting to commit any of the following:
218.10 	(i) murder under section 609.185, 609.19, or 609.195;
218.11 	(ii) manslaughter under section 609.20 or 609.205;
218.12 	(iii) assault under section 609.221, 609.222, or 609.223;
218.13 	(iv) robbery under section 609.24 or aggravated robbery
218.14 	under section 609.245;
218.15 	(v) kidnapping under section 609.25;
218.16 	(vi) false imprisonment under section 609.255;
218.17 	(vii) criminal sexual conduct under section 609.342,
218.18 	609.343, 609.344, 609.345, or 609.3451, subdivision 3;
218.19 	(viii) incest under section 609.365;
218.20 	(ix) burglary under section 609.582, subdivision 1; or 
218.21 	(x) indecent exposure under section 617.23, subdivision 3;
218.22 	(2) persons sentenced as patterned sex offenders under
218.23 	section 609.108; or 
218.24 	(3) juveniles arrested for, appearing in court on a charge
218.25 	of, adjudicated delinquent for, or alleged to have committed or
218.26 	attempted to commit any of the following:
218.27 	(i) murder under section 609.185, 609.19, or 609.195;
218.28 	(ii) manslaughter under section 609.20 or 609.205;
218.29 	(iii) assault under section 609.221, 609.222, or 609.223;
218.30 	(iv) robbery under section 609.24 or aggravated robbery
218.31 	under section 609.245;
218.32 	(v) kidnapping under section 609.25;
218.33 	(vi) false imprisonment under section 609.255;
218.34 	(vii) criminal sexual conduct under section 609.342,
218.35 	609.343, 609.344, 609.345, or 609.3451, subdivision 3;
218.36 	(viii) incest under section 609.365;
219.1 	(ix) burglary under section 609.582, subdivision 1; or 
219.2 	(x) indecent exposure under section 617.23, subdivision 3.
219.3 	(b) Unless the superintendent of the bureau requires a
219.4 	shorter period, within 72 hours the biological specimen required
219.5 	under paragraph (a) must be forwarded to the bureau in such a
219.6 	manner as may be prescribed by the superintendent.
219.7 	(c) Prosecutors, courts, and probation officers shall
219.8 	attempt to ensure that the biological specimen is taken on a
219.9 	person described in paragraph (a).
219.10 		Subd. 2.Law enforcement training; duties. (a) The
219.11 	persons who collect the biological specimens required under
219.12 	subdivision 1 must be trained to bureau-established standards in
219.13 	the proper method of collecting and transmitting biological
219.14 	specimens.
219.15 	(b) A law enforcement officer who seeks to collect a
219.16 	biological specimen from a juvenile pursuant to subdivision 1
219.17 	must notify the juvenile's parent or guardian prior to
219.18 	collecting the biological specimen.
219.19 		Subd. 3.Bureau duty. If the bureau is notified that a
219.20 	person who submitted a biological specimen under this
219.21 	subdivision was found not guilty or otherwise not convicted of
219.22 	an offense listed in subdivision 1, paragraph (a), the bureau
219.23 	must destroy the person's biological specimen and return all
219.24 	records to the individual.
219.25 	
EFFECTIVE DATE. This section is effective July 1, 2005,
219.26 	and applies to persons arrested on or after that date.

219.27 	Sec. 5. [299C.106] ADDITIONAL DNA DATA REQUIRED.
219.28 		Subdivision 1.Required collection of biological specimen
219.29 	for dna testing. (a) As of July 1, 2010, sheriffs, peace
219.30 	officers, and community corrections agencies operating secure
219.31 	juvenile detention facilities shall take or cause to be taken
219.32 	immediately biological specimens for the purpose of DNA analysis
219.33 	as defined in section 299C.155, of persons arrested for,
219.34 	appearing in court on a charge of, or convicted of or attempting
219.35 	to commit any felony that is not described in section 299C.105,
219.36 	subdivision 1, paragraph (a), clause (1).
220.1 	(b) Unless the superintendent of the bureau requires a
220.2 	shorter period, within 72 hours the biological specimen required
220.3 	under paragraph (a) must be forwarded to the bureau in such a
220.4 	manner as may be prescribed by the superintendent.
220.5 	(c) Prosecutors, courts, and probation officers shall
220.6 	attempt to ensure that the biological specimen is taken on a
220.7 	person described in paragraph (a).
220.8 		Subd. 2.Law enforcement training; duties. (a) The
220.9 	persons who collect the biological specimens required under
220.10 	subdivision 1 must be trained to bureau-established standards in
220.11 	the proper method of collecting and transmitting biological
220.12 	specimens.
220.13 	(b) A law enforcement officer who seeks to collect a
220.14 	biological specimen from a juvenile pursuant to subdivision 1
220.15 	must notify the juvenile's parent or guardian prior to
220.16 	collecting the biological specimen.
220.17 		Subd. 3.Bureau duty. If the bureau is notified that a
220.18 	person who submitted a biological specimen under this
220.19 	subdivision was found not guilty or otherwise not convicted of a
220.20 	felony level offense, the bureau must destroy the person's
220.21 	biological specimen and return all records to the individual.
220.22 	
EFFECTIVE DATE. This section is effective July 1, 2010,
220.23 	and applies to persons arrested on or after that date.

220.24 	Sec. 6. Minnesota Statutes 2004, section 299C.11, is
220.25 	amended to read:
220.26 	299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.
220.27 		Subdivision 1.fingerprints identification data other
220.28 	than dna. (a) Each sheriff and chief of police shall furnish
220.29 	the bureau, upon such form as the superintendent shall
220.30 	prescribe, with such finger and thumb prints, photographs,
220.31 	distinctive physical mark identification data, information on
220.32 	known aliases and street names, and other identification data as
220.33 	may be requested or required by the superintendent of the
220.34 	bureau, which must be taken under the provisions of section
220.35 	299C.10.  In addition, sheriffs and chiefs of police shall
220.36 	furnish this identification data to the bureau for individuals
221.1 	found to have been convicted of a felony, gross misdemeanor, or
221.2 	targeted misdemeanor, within the ten years immediately preceding
221.3 	their arrest.
221.4 	(b) No petition under chapter 609A is required if the
221.5 	person has not been convicted of any felony or gross
221.6 	misdemeanor, either within or without the state, within the
221.7 	period of ten years immediately preceding the determination of
221.8 	all pending criminal actions or proceedings in favor of the
221.9 	arrested person, and either of the following occurred:
221.10 	(1) all charges were dismissed prior to a determination of
221.11 	probable cause; or
221.12 	(2) the prosecuting authority declined to file any charges
221.13 	and a grand jury did not return an indictment.
221.14 	Where these conditions are met, the bureau or agency shall, upon
221.15 	demand, return to the arrested person finger and thumb prints,
221.16 	photographs, distinctive physical mark identification data,
221.17 	information on known aliases and street names, and other
221.18 	identification data, and all copies and duplicates of them.
221.19 	(c) Except as otherwise provided in paragraph (b), upon the
221.20 	determination of all pending criminal actions or proceedings in
221.21 	favor of the arrested person, and the granting of the petition
221.22 	of the arrested person under chapter 609A, the bureau shall seal
221.23 	finger and thumb prints, photographs, distinctive physical mark
221.24 	identification data, information on known aliases and street
221.25 	names, and other identification data, and all copies and
221.26 	duplicates of them if the arrested person has not been convicted
221.27 	of any felony or gross misdemeanor, either within or without the
221.28 	state, within the period of ten years immediately preceding such
221.29 	determination.
221.30 	(d) DNA samples and DNA records of the arrested person
221.31 	shall not be returned, sealed, or destroyed as to a charge
221.32 	supported by probable cause.
221.33 	(e) For purposes of this section:
221.34 	(1) "determination of all pending criminal actions or
221.35 	proceedings in favor of the arrested person" does not include:
221.36 	(i) the sealing of a criminal record pursuant to section
222.1 	152.18, subdivision 1, 242.31, or chapter 609A;
222.2 	(ii) the arrested person's successful completion of a
222.3 	diversion program;
222.4 	(iii) an order of discharge under section 609.165; or 
222.5 	(iv) a pardon granted under section 638.02; and 
222.6 	(2) "targeted misdemeanor" has the meaning given in section
222.7 	299C.10, subdivision 1.
222.8 		Subd. 2.Dna samples and records. (a) Each sheriff and
222.9 	chief of police shall furnish the bureau, in such form as the
222.10 	superintendent shall prescribe, with the biological specimens
222.11 	required to be taken under section 299C.105.
222.12 	(b) No petition under chapter 609A is required if the
222.13 	person has not been convicted of any felony, either within or
222.14 	without the state, within the period of ten years immediately
222.15 	preceding the determination of all pending criminal actions or
222.16 	proceedings in favor of the arrested person, and either of the
222.17 	following occurred:
222.18 	(1) all charges were dismissed prior to a determination of
222.19 	probable cause; or 
222.20 	(2) the prosecuting authority declined to file any charges
222.21 	and a grand jury did not return an indictment.  Where these
222.22 	conditions are met, the bureau or agency shall, upon demand,
222.23 	remove the person's information from the bureau's combined DNA
222.24 	index system and return to the arrested person the biological
222.25 	specimen, all related records, and all copies and duplicates of
222.26 	them.
222.27 	(c) Except as otherwise provided in paragraph (b), upon the
222.28 	determination of all pending criminal actions or proceedings in
222.29 	favor of the arrested person, and the granting of the petition
222.30 	of the arrested person under chapter 609A, the bureau shall
222.31 	remove the person's information from the bureau's combined DNA
222.32 	index system and seal the biological specimen, all related
222.33 	records, and all copies and duplicates of them, if the arrested
222.34 	person has not been convicted of any felony, either within or
222.35 	without the state, within the period of ten years immediately
222.36 	preceding such determination.  The remedies in section 13.08
223.1 	apply to a violation of this subdivision.
223.2 		Subd. 3.Definitions. As used in this section, the
223.3 	following terms have the definitions provided:
223.4 	(1) "determination of all pending criminal actions or
223.5 	proceedings in favor of the arrested person" does not include:
223.6 	(i) the sealing of a criminal record pursuant to sections
223.7 	152.18, subdivision 1, and 242.31 or chapter 609A;
223.8 	(ii) the arrested person's successful completion of a
223.9 	diversion program;
223.10 	(iii) an order of discharge under section 609.165; or 
223.11 	(iv) a pardon granted under section 638.02; and 
223.12 	(2) "targeted misdemeanor" has the meaning given in section
223.13 	299C.10, subdivision 1.
223.14 	
EFFECTIVE DATE. This section is effective July 1, 2005,
223.15 	and applies to offenders arrested on or after that date.

223.16 	Sec. 7. Minnesota Statutes 2004, section 299C.155, is
223.17 	amended to read:
223.18 	299C.155 STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.
223.19 		Subdivision 1.Definition. As used in this section, "DNA
223.20 	analysis" means the process through which deoxyribonucleic acid
223.21 	(DNA) in a human biological specimen is analyzed and compared
223.22 	with DNA from another human biological specimen for
223.23 	identification purposes.
223.24 		Subd. 2.Uniform evidence collection. The bureau shall
223.25 	develop uniform procedures and protocols for collecting evidence
223.26 	in cases of alleged or suspected criminal sexual conduct,
223.27 	including procedures and protocols for the collection and
223.28 	preservation of human biological specimens for DNA analysis. Law
223.29 	enforcement agencies and medical personnel who conduct
223.30 	evidentiary exams shall use the uniform procedures and protocols
223.31 	in their investigation of criminal sexual conduct offenses.  The
223.32 	uniform procedures and protocols developed under this
223.33 	subdivision are not subject to the rulemaking provisions of
223.34 	chapter 14.
223.35 		Subd. 3.Dna analysis and data bank. The bureau shall
223.36 	adopt uniform procedures and protocols to maintain, preserve,
224.1 	and analyze human biological specimens for DNA.  The bureau
224.2 	shall establish a centralized system to cross-reference data
224.3 	obtained from DNA analysis. Data contained on the bureau's
224.4 	centralized system is private data on individuals, as that term
224.5 	is defined in section 13.02.  The bureau's centralized system
224.6 	may only be accessed by authorized law enforcement personnel and
224.7 	used solely for law enforcement identification purposes.  The
224.8 	remedies in section 13.08 apply to a violation of this
224.9 	subdivision.The uniform procedures and protocols developed
224.10 	under this subdivision are not subject to the rulemaking
224.11 	provisions of chapter 14.
224.12 		Subd. 4.Record. The bureau shall perform DNA analysis
224.13 	and make data obtained available to law enforcement officials in
224.14 	connection with criminal investigations in which human
224.15 	biological specimens have been recovered.  Upon request, the
224.16 	bureau shall also make the data available to the prosecutor and
224.17 	the subject of the data in any subsequent criminal prosecution
224.18 	of the subject. The results of the bureau's DNA analysis and
224.19 	related records are private data on individuals, as that term is
224.20 	defined in section 13.02, and may only be used for law
224.21 	enforcement identification purposes.  The remedies in section
224.22 	13.08 apply to a violation of this subdivision.
224.23 	
EFFECTIVE DATE. This section is effective July 1, 2005.

224.24 	Sec. 8. Minnesota Statutes 2004, section 299C.21, is
224.25 	amended to read:
224.26 	299C.21 PENALTY ON LOCAL OFFICER REFUSING INFORMATION.
224.27 	If any public official charged with the duty of furnishing
224.28 	to the bureau fingerprint records, biological specimens,
224.29 	reports, or other information required by sections 299C.06,
224.30 	299C.10, 299C.105,299C.11, 299C.17, shall neglect or refuse to
224.31 	comply with such requirement, the bureau, in writing, shall
224.32 	notify the state, county, or city officer charged with the
224.33 	issuance of a warrant for the payment of the salary of such
224.34 	official.  Upon the receipt of the notice the state, county, or
224.35 	city official shall withhold the issuance of a warrant for the
224.36 	payment of the salary or other compensation accruing to such
225.1 	officer for the period of 30 days thereafter until notified by
225.2 	the bureau that such suspension has been released by the
225.3 	performance of the required duty.

225.4 	EFFECTIVE DATE. This section is effective July 1, 2005.

225.5 	Sec. 9. [590.10] PRESERVATION OF EVIDENCE.
225.6 		Subdivision 1.Preservation. Notwithstanding any other
225.7 	provision of law, all appropriate governmental entities shall
225.8 	retain any biological evidence relating to the identification of
225.9 	a defendant used to secure a conviction in a criminal case until
225.10 	expiration of sentence unless earlier disposition is authorized
225.11 	by court order after notice to the defendant and defense
225.12 	counsel.  No order for earlier disposition of this evidence
225.13 	shall be issued if the defendant or defense counsel objects.
225.14 	The governmental entity need retain only the portion of
225.15 	such evidence as was used to obtain an accurate biological
225.16 	sample used to obtain a conviction.  If the size of the
225.17 	biological sample requires that it be consumed in analysis, the
225.18 	Minnesota Rules of Criminal Procedure shall apply.  If evidence
225.19 	is intentionally destroyed after the filing of a petition under
225.20 	section 590.01, subdivision 1a, the court may impose appropriate
225.21 	sanctions on the responsible party or parties.
225.22 		Subd. 2.Definition. For purposes of this section,
225.23 	"biological evidence" means:
225.24 	(1) the samples obtained in a sexual assault examination
225.25 	kit; or 
225.26 	(2) any item that contains blood, semen, hair, saliva,
225.27 	skin, tissue, or other identifiable biological material present
225.28 	on physical evidence or preserved on a slide or swab if such
225.29 	evidence relates to the identification of the defendant.
225.30 	
EFFECTIVE DATE. This section is effective the day
225.31 	following final enactment.

225.32 	Sec. 10. Minnesota Statutes 2004, section 609.117, is
225.33 	amended to read:
225.34 	609.117 DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.
225.35 		Subdivision 1.Upon sentencing. If an offender has not
225.36 	already done so,the court shall order an offender to provide a
226.1 	biological specimen for the purpose of DNA analysis as defined
226.2 	in section 299C.155 when:
226.3 	(1) the court sentences a person charged with violating or
226.4 	attempting to violate any of the following,committing or
226.5 	attempting to commit a felony offense and the person is
226.6 	convicted of that offense or of any offense arising out of the
226.7 	same set of circumstances:
226.8 	(i) murder under section 609.185, 609.19, or 609.195;
226.9 	(ii) manslaughter under section 609.20 or 609.205;
226.10 	(iii) assault under section 609.221, 609.222, or 609.223;
226.11 	(iv) robbery under section 609.24 or aggravated robbery
226.12 	under section 609.245;
226.13 	(v) kidnapping under section 609.25;
226.14 	(vi) false imprisonment under section 609.255;
226.15 	(vii) criminal sexual conduct under section 609.342,
226.16 	609.343, 609.344, 609.345, or 609.3451, subdivision 3;
226.17 	(viii) incest under section 609.365;
226.18 	(ix) burglary under section 609.582, subdivision 1; or 
226.19 	(x) indecent exposure under section 617.23, subdivision 3;
226.20 	(2) the court sentences a person as a patterned sex
226.21 	offender under section 609.108; or
226.22 	(3) (2) the juvenile court adjudicates a person a
226.23 	delinquent child who is the subject of a delinquency petition
226.24 	for violating or attempting to violate any of the following, and
226.25 	the delinquency adjudication is based on a violation of one of
226.26 	those sections or of any offense arising out of the same set of
226.27 	circumstances:
226.28 	(i) murder under section 609.185, 609.19, or 609.195;
226.29 	(ii) manslaughter under section 609.20 or 609.205;
226.30 	(iii) assault under section 609.221, 609.222, or 609.223;
226.31 	(iv) robbery under section 609.24 or aggravated robbery
226.32 	under section 609.245;
226.33 	(v) kidnapping under section 609.25;
226.34 	(vi) false imprisonment under section 609.255;
226.35 	(vii) criminal sexual conduct under section 609.342,
226.36 	609.343, 609.344, 609.345, or 609.3451, subdivision 3;
227.1 	(viii) incest under section 609.365;
227.2 	(ix) burglary under section 609.582, subdivision 1; or 
227.3 	(x) indecent exposure under section 617.23, subdivision
227.4 	3 petitioned for committing or attempting to commit a felony
227.5 	offense and is adjudicated delinquent for that offense or any
227.6 	offense arising out of the same set of circumstances.
227.7 	The biological specimen or the results of the analysis shall be
227.8 	maintained by the Bureau of Criminal Apprehension as provided in
227.9 	section 299C.155.
227.10 		Subd. 2.Before release. The commissioner of corrections
227.11 	or local corrections authority shall order a person to provide a
227.12 	biological specimen for the purpose of DNA analysis before
227.13 	completion of the person's term of imprisonment when the person
227.14 	has not provided a biological specimen for the purpose of DNA
227.15 	analysis and the person:
227.16 	(1) is currently serving a term of imprisonment for or has
227.17 	a past conviction for violating or attempting to violate any of
227.18 	the following or a similar law of another state or the United
227.19 	States or was initially charged with violating one of the
227.20 	following sections or a similar law of another state or the
227.21 	United States and committing or attempting to commit a felony
227.22 	offense and was convicted of another that offense or of any 
227.23 	offense arising out of the same set of circumstances:
227.24 	(i) murder under section 609.185, 609.19, or 609.195;
227.25 	(ii) manslaughter under section 609.20 or 609.205;
227.26 	(iii) assault under section 609.221, 609.222, or 609.223;
227.27 	(iv) robbery under section 609.24 or aggravated robbery
227.28 	under section 609.245;
227.29 	(v) kidnapping under section 609.25;
227.30 	(vi) false imprisonment under section 609.255;
227.31 	(vii) criminal sexual conduct under section 609.342,
227.32 	609.343, 609.344, 609.345, or 609.3451, subdivision 3;
227.33 	(viii) incest under section 609.365;
227.34 	(ix) burglary under section 609.582, subdivision 1; or 
227.35 	(x) indecent exposure under section 617.23, subdivision 3;
227.36 	or 
228.1 	(2) was sentenced as a patterned sex offender under section
228.2 	609.108, and committed to the custody of the commissioner of
228.3 	corrections , or the person has a past felony conviction; or
228.4 	(3) (2) is serving a term of imprisonment in this state
228.5 	under a reciprocal agreement although convicted in another state
228.6 	of an offense described in this subdivision or a similar law of
228.7 	the United States or any other state committing or attempting to
228.8 	commit a felony offense or of any offense arising out of the
228.9 	same set of circumstances if the person was initially charged
228.10 	with committing or attempting to commit a felony offense.  The
228.11 	commissioner of corrections or local corrections authority shall
228.12 	forward the sample to the Bureau of Criminal Apprehension.
228.13 		Subd. 3.Offenders from other states. When the state
228.14 	accepts an offender from another state under the interstate
228.15 	compact authorized by section 243.16, the acceptance is
228.16 	conditional on the offender providing a biological specimen for
228.17 	the purposes of DNA analysis as defined in section 299C.155, if
228.18 	the offender was convicted of an offense described in
228.19 	subdivision 1 or a similar law of the United States or any other
228.20 	state initially charged with committing or attempting to commit
228.21 	a felony offense and was convicted of that offense or of any
228.22 	offense arising out of the same set of circumstances.  The
228.23 	specimen must be provided under supervision of staff from the
228.24 	Department of Corrections or a Community Corrections Act county
228.25 	within 15 business days after the offender reports to the
228.26 	supervising agent.  The cost of obtaining the biological
228.27 	specimen is the responsibility of the agency providing
228.28 	supervision.
228.29 	
EFFECTIVE DATE. This section is effective July 1, 2005,
228.30 	and applies to offenders sentenced, released from incarceration,
228.31 	or accepted for supervision on or after that date.

228.32 	Sec. 11. Minnesota Statutes 2004, section 609A.02,
228.33 	subdivision 3, is amended to read:
228.34 		Subd. 3.Certain criminal proceedings not resulting in a
228.35 	conviction.  A petition may be filed under section 609A.03 to
228.36 	seal all records relating to an arrest, indictment or
229.1 	information, trial, or verdict if the records are not subject to
229.2 	section 299C.11, subdivision 1,paragraph (b), and if all
229.3 	pending actions or proceedings were resolved in favor of the
229.4 	petitioner.  For purposes of this chapter, a verdict of not
229.5 	guilty by reason of mental illness is not a resolution in favor
229.6 	of the petitioner.
229.7 	
EFFECTIVE DATE. This section is effective July 1, 2005.

229.8 	Sec. 12. Minnesota Statutes 2004, section 609A.03,
229.9 	subdivision 7, is amended to read:
229.10 		Subd. 7.Limitations of order. (a) Upon issuance of an
229.11 	expungement order related to a charge supported by probable
229.12 	cause, the DNA samples and DNA records held by the Bureau of
229.13 	Criminal Apprehension shall not be sealed, returned to the
229.14 	subject of the record, or destroyed.
229.15 	(b) Notwithstanding the issuance of an expungement order:
229.16 	(1) an expunged record may be opened for purposes of a
229.17 	criminal investigation, prosecution, or sentencing, upon an ex
229.18 	parte court order; and
229.19 	(2) an expunged record of a conviction may be opened for
229.20 	purposes of evaluating a prospective employee in a criminal
229.21 	justice agency without a court order.
229.22 	Upon request by law enforcement, prosecution, or
229.23 	corrections authorities, an agency or jurisdiction subject to an
229.24 	expungement order shall inform the requester of the existence of
229.25 	a sealed record and of the right to obtain access to it as
229.26 	provided by this paragraph.  For purposes of this section, a
229.27 	"criminal justice agency" means courts or a government agency
229.28 	that performs the administration of criminal justice under
229.29 	statutory authority.
229.30 	
EFFECTIVE DATE. This section is effective July 1, 2005.

229.31 	Sec. 13. REVISOR'S INSTRUCTION.
 229.32 	In each section of Minnesota Statutes where section
229.33 	299C.105 is cross-referenced, the revisor of statutes shall
229.34 	insert a cross-reference to section 299C.106.

229.35 	EFFECTIVE DATE. This section is effective July 1, 2010.

229.36 	Sec. 14. REPEALER.
 230.1 	Minnesota Statutes 2004, section 609.119, is repealed.

230.2 	EFFECTIVE DATE. This section is effective July 1, 2005.

230.3 	ARTICLE 13
230.4 	CORRECTIONS

230.5 	Section 1. Minnesota Statutes 2004, section 16C.09, is
230.6 	amended to read:
230.7 	16C.09 PROCEDURE FOR SERVICE CONTRACTS.
230.8 	(a) Before entering into or approving a service contract,
230.9 	the commissioner must determine, at least, that:
230.10 	(1) no current state employee is able and available to
230.11 	perform the services called for by the contract;
230.12 	(2) the work to be performed under the contract is
230.13 	necessary to the agency's achievement of its statutory
230.14 	responsibilities and there is statutory authority to enter into
230.15 	the contract;
230.16 	(3) the contract will not establish an employment
230.17 	relationship between the state or the agency and any persons
230.18 	performing under the contract;
230.19 	(4) the contractor and agents are not employees of the
230.20 	state;
230.21 	(5) the contracting agency has specified a satisfactory
230.22 	method of evaluating and using the results of the work to be
230.23 	performed; and
230.24 	(6) the combined contract and amendments will not exceed
230.25 	five years without specific, written approval by the
230.26 	commissioner according to established policy, procedures, and
230.27 	standards, or unless otherwise provided for by law.  The term of
230.28 	the original contract must not exceed two years, unless the
230.29 	commissioner determines that a longer duration is in the best
230.30 	interest of the state.
230.31 	(b) For purposes of paragraph (a), clause (1), employees
230.32 	are available if qualified and:
230.33 	(1) are already doing the work in question; or
230.34 	(2) are on layoff status in classes that can do the work in
230.35 	question.
230.36 	An employee is not available if the employee is doing other
231.1 	work, is retired, or has decided not to do the work in question.
231.2 	(c) This section does not apply to an agency's use of
231.3 	inmates pursuant to sections 241.20 to 241.23 or to an agency's
231.4 	use of persons required by a court to provide (1) community
231.5 	service or (2) conservation or maintenance services on lands
231.6 	under the jurisdiction and control of the state.

231.7 	EFFECTIVE DATE. This section is effective July 1, 2004.

231.8 	Sec. 2. Minnesota Statutes 2004, section 43A.047, is
231.9 	amended to read:
231.10 	43A.047 CONTRACTED SERVICES.
231.11 	(a) Executive agencies, including the Minnesota State
231.12 	Colleges and Universities system, must demonstrate that they
231.13 	cannot use available staff before hiring outside consultants or
231.14 	services.  If use of consultants is necessary, agencies are
231.15 	encouraged to negotiate contracts that will involve permanent
231.16 	staff, so as to upgrade and maximize training of state employees.
231.17 	(b) If agencies reduce operating budgets, agencies must
231.18 	give priority to reducing spending on professional and technical
231.19 	service contracts before laying off permanent employees.
231.20 	(c) This section does not apply to an agency's use of
231.21 	inmates pursuant to sections 241.20 to 241.23 or to an agency's
231.22 	use of persons required by a court to provide (1) community
231.23 	service or (2) conservation or maintenance services on lands
231.24 	under the jurisdiction and control of the state.

231.25 	EFFECTIVE DATE. This section is effective July 1, 2004.

231.26 	Sec. 3. [241.026] CORRECTIONAL OFFICERS DISCIPLINE
231.27 	PROCEDURES.
231.28 		Subdivision 1.Definitions. (a) For purposes of this
231.29 	section, the terms defined in this subdivision have the meanings
231.30 	given them.
231.31 	(b) "Correctional officer" and "officer" mean a person
231.32 	employed by the state, a state correctional facility, or a local
231.33 	correctional or detention facility in a security capacity.
231.34 	(c) "Formal statement" means the questioning of an officer
231.35 	in the course of obtaining a recorded, stenographic, or signed
231.36 	statement to be used as evidence in a disciplinary proceeding
232.1 	against the officer.
232.2 		Subd. 2.Applicability. The procedures and provisions of
232.3 	this section apply to state and local correctional authorities.
232.4 		Subd. 3.Governing formal statement procedures. The
232.5 	formal statement of an officer must be taken according to
232.6 	subdivision 4.
232.7 		Subd. 4.Place of formal statement. The formal statement
232.8 	must be taken at a facility of the employing or investigating
232.9 	agency or at a place agreed to by the investigating individual
232.10 	and the investigated officer.
232.11 		Subd. 5.Admissions. Before an officer's formal
232.12 	statement is taken, the officer shall be advised in writing or
232.13 	on the record that admissions made in the course of the formal
232.14 	statement may be used as evidence of misconduct or as a basis
232.15 	for discipline.
232.16 		Subd. 6.Disclosure of financial records. No employer
232.17 	may require an officer to produce or disclose the officer's
232.18 	personal financial records except pursuant to a valid search
232.19 	warrant or subpoena.
232.20 		Subd. 7.Release of photographs. No state or local
232.21 	correctional facility or governmental unit may publicly release
232.22 	photographs of an officer without the written permission of the
232.23 	officer, except that the facility or unit may display a
232.24 	photograph of an officer to a prospective witness as part of an
232.25 	agency or unit investigation.
232.26 		Subd. 8.Disciplinary letter. No disciplinary letter or
232.27 	reprimand may be included in an officer's personnel record
232.28 	unless the officer has been given a copy of the letter or
232.29 	reprimand.
232.30 		Subd. 9.Retaliatory action prohibited. No officer may
232.31 	be discharged, disciplined, or threatened with discharge or
232.32 	discipline as retaliation for or solely by reason of the
232.33 	officer's exercise of the rights provided by this section.
232.34 		Subd. 10.Rights not reduced. The rights of officers
232.35 	provided by this section are in addition to and do not diminish
232.36 	the rights and privileges of officers that are provided under an
233.1 	applicable collective bargaining agreement or any other
233.2 	applicable law.
233.3 	
EFFECTIVE DATE. This section is effective July 1, 2005.

233.4 	Sec. 4. [243.051] COMMUNITY REINTEGRATION; PLACEMENT OF
233.5 	CERTAIN OFFENDERS WITH LESS THAN 180 DAYS TO SERVE.
233.6 	The commissioner of corrections, with the concurrence of
233.7 	the local corrections director, may place an offender who is
233.8 	committed to the custody and care of the commissioner and who
233.9 	has less than 180 days remaining in the offender's term of
233.10 	imprisonment at the county jail, regional jail, or local
233.11 	correctional facility in the jurisdiction where the offender
233.12 	plans to reside while on supervised release in order to prepare
233.13 	the offender for reintegration into the community.  The
233.14 	commissioner must pay a county that incarcerates an offender
233.15 	under this section a per diem equal to the amount paid to
233.16 	counties by the commissioner to house offenders confined in
233.17 	state correctional facilities for whom the commissioner has
233.18 	insufficient beds.

233.19 	EFFECTIVE DATE. This section is effective July 1, 2005.

233.20 	Sec. 5. Minnesota Statutes 2004, section 243.1606,
233.21 	subdivision 1, is amended to read:
233.22 		Subdivision 1.Membership.  The Advisory Council on
233.23 	Interstate Adult Offender Supervision consists of the following
233.24 	individuals or their designees:
233.25 	(1) the governor;
233.26 	(2) the chief justice of the Supreme Court;
233.27 	(3) two senators, one from the majority and the other from
233.28 	the minority party, selected by the Subcommittee on Committees
233.29 	of the senate Committee on Rules and Administration;
233.30 	(4) two representatives, one from the majority and the
233.31 	other from the minority party, selected by the house speaker;
233.32 	(5) the compact administrator, selected as provided in
233.33 	section 243.1607; and 
233.34 	(6) the executive director of the Center for Crime Victim
233.35 	Services; and 
233.36 	(7) other members as appointed by the commissioner of
234.1 	corrections.
234.2 	The council may elect a chair from among its members.
234.3 	
EFFECTIVE DATE. This section is effective July 1, 2005.

234.4 	Sec. 6. Minnesota Statutes 2004, section 243.24,
234.5 	subdivision 2, is amended to read:
234.6 		Subd. 2.Chief executive officer to increase fund to
234.7 	$100.  If the fund standing to the credit of the prisoner on the
234.8 	prisoner's leaving the facility by discharge, supervised
234.9 	release,or on parole be less than $100, the warden or chief
234.10 	executive officer is directed to pay out of the current expense
234.11 	fund of the facility sufficient funds to make the total of said
234.12 	earnings the sum of $100. Offenders who have previously
234.13 	received the $100 upon their initial release from incarceration
234.14 	will not receive the $100 on any second or subsequent release
234.15 	from incarceration for that offense.  Offenders who were
234.16 	sentenced as short-term offenders under section 609.105 shall
234.17 	not receive gate money.
234.18 	
EFFECTIVE DATE. This section is effective July 1, 2005.

234.19 	Sec. 7. Minnesota Statutes 2004, section 244.18,
234.20 	subdivision 2, is amended to read:
234.21 		Subd. 2.Local correctional fees.  A local correctional
234.22 	agency may establish a schedule of local correctional fees to
234.23 	charge persons convicted of a crime and under the supervision
234.24 	and control of the local correctional agency to defray costs
234.25 	associated with correctional services.  The local correctional
234.26 	fees on the schedule must be reasonably related to defendants'
234.27 	abilities to pay and the actual cost of correctional services.
234.28 	
EFFECTIVE DATE. This section is effective July 1, 2005.

234.29 	Sec. 8. Minnesota Statutes 2004, section 609.531,
234.30 	subdivision 1, is amended to read:
234.31 		Subdivision 1.Definitions.  For the purpose of sections
234.32 	609.531 to 609.5318, the following terms have the meanings given
234.33 	them.
234.34 	(a) "Conveyance device" means a device used for
234.35 	transportation and includes, but is not limited to, a motor
234.36 	vehicle, trailer, snowmobile, airplane, and vessel and any
235.1 	equipment attached to it.  The term "conveyance device" does not
235.2 	include property which is, in fact, itself stolen or taken in
235.3 	violation of the law.
235.4 	(b) "Weapon used" means a dangerous weapon as defined under
235.5 	section 609.02, subdivision 6, that the actor used or had in
235.6 	possession in furtherance of a crime.
235.7 	(c) "Property" means property as defined in section 609.52,
235.8 	subdivision 1, clause (1).
235.9 	(d) "Contraband" means property which is illegal to possess
235.10 	under Minnesota law.
235.11 	(e) "Appropriate agency" means the Bureau of Criminal
235.12 	Apprehension, the Minnesota Division of Driver and Vehicle
235.13 	Services, the Minnesota State Patrol, a county sheriff's
235.14 	department, the Suburban Hennepin Regional Park District park
235.15 	rangers, the Department of Natural Resources Division of
235.16 	Enforcement, the University of Minnesota Police Department, the
235.17 	Department of Corrections' Fugitive Apprehension Unit,or a city
235.18 	or airport police department.
235.19 	(f) "Designated offense" includes:
235.20 	(1) for weapons used:  any violation of this chapter,
235.21 	chapter 152, or chapter 624;
235.22 	(2) for driver's license or identification card
235.23 	transactions:  any violation of section 171.22; and
235.24 	(3) for all other purposes:  a felony violation of, or a
235.25 	felony-level attempt or conspiracy to violate, section 325E.17;
235.26 	325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
235.27 	609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322;
235.28 	609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
235.29 	1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
235.30 	(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
235.31 	and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487;
235.32 	609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551;
235.33 	609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631;
235.34 	609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and
235.35 	12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893;
235.36 	609.895; 617.246; or a gross misdemeanor or felony violation of
236.1 	section 609.891 or 624.7181; or any violation of section 609.324.
236.2 	(g) "Controlled substance" has the meaning given in section
236.3 	152.01, subdivision 4.
236.4 	
EFFECTIVE DATE. This section is effective July 1, 2005.

236.5 	Sec. 9. Minnesota Statutes 2004, section 609.5311,
236.6 	subdivision 2, is amended to read:
236.7 		Subd. 2.Associated property. (a) All property, real and
236.8 	personal, that has been used, or is intended for use, or has in
236.9 	any way facilitated, in whole or in part, the manufacturing,
236.10 	compounding, processing, delivering, importing, cultivating,
236.11 	exporting, transporting, or exchanging of contraband or a
236.12 	controlled substance that has not been lawfully manufactured,
236.13 	distributed, dispensed, and acquired is subject to forfeiture
236.14 	under this section, except as provided in subdivision 3.
236.15 	(b) The Department of Corrections' Fugitive Apprehension
236.16 	Unit shall not seize real property for the purposes of
236.17 	forfeiture under paragraph (a).
236.18 	
EFFECTIVE DATE. This section is effective July 1, 2005.

236.19 	Sec. 10. Minnesota Statutes 2004, section 609.5311,
236.20 	subdivision 3, is amended to read:
236.21 		Subd. 3.Limitations on forfeiture of certain property
236.22 	associated with controlled substances.  (a) A conveyance device
236.23 	is subject to forfeiture under this section only if the retail
236.24 	value of the controlled substance is $25 or more and the
236.25 	conveyance device is associated with a felony-level controlled
236.26 	substance crime.
236.27 	(b) Real property is subject to forfeiture under this
236.28 	section only if the retail value of the controlled substance or
236.29 	contraband is $1,000 or more.
236.30 	(c) Property used by any person as a common carrier in the
236.31 	transaction of business as a common carrier is subject to
236.32 	forfeiture under this section only if the owner of the property
236.33 	is a consenting party to, or is privy to, the use or intended
236.34 	use of the property as described in subdivision 2.
236.35 	(d) Property is subject to forfeiture under this section
236.36 	only if its owner was privy to the use or intended use described
237.1 	in subdivision 2, or the unlawful use or intended use of the
237.2 	property otherwise occurred with the owner's knowledge or
237.3 	consent.
237.4 	(e) Forfeiture under this section of a conveyance device or
237.5 	real property encumbered by a bona fide security interest is
237.6 	subject to the interest of the secured party unless the secured
237.7 	party had knowledge of or consented to the act or omission upon
237.8 	which the forfeiture is based.  A person claiming a security
237.9 	interest bears the burden of establishing that interest by clear
237.10 	and convincing evidence.
237.11 	(f) Forfeiture under this section of real property is
237.12 	subject to the interests of a good faith purchaser for value
237.13 	unless the purchaser had knowledge of or consented to the act or
237.14 	omission upon which the forfeiture is based.
237.15 	(g) Notwithstanding paragraphs (d), (e), and (f), property
237.16 	is not subject to forfeiture based solely on the owner's or
237.17 	secured party's knowledge of the unlawful use or intended use of
237.18 	the property if:  (1) the owner or secured party took reasonable
237.19 	steps to terminate use of the property by the offender; or (2)
237.20 	the property is real property owned by the parent of the
237.21 	offender, unless the parent actively participated in, or
237.22 	knowingly acquiesced to, a violation of chapter 152, or the real
237.23 	property constitutes proceeds derived from or traceable to a use
237.24 	described in subdivision 2.
237.25 	(h) The Department of Corrections' Fugitive Apprehension
237.26 	Unit shall not seize a conveyance devise, to include motor
237.27 	vehicles or real property, for the purposes of forfeiture under
237.28 	paragraphs (a) to (g).
237.29 	
EFFECTIVE DATE. This section is effective July 1, 2005.

237.30 	Sec. 11. Minnesota Statutes 2004, section 609.5312,
237.31 	subdivision 1, is amended to read:
237.32 		Subdivision 1.Property subject to forfeiture. (a) All
237.33 	personal property is subject to forfeiture if it was used or
237.34 	intended for use to commit or facilitate the commission of a
237.35 	designated offense.  All money and other property, real and
237.36 	personal, that represent proceeds of a designated offense, and
238.1 	all contraband property, are subject to forfeiture, except as
238.2 	provided in this section.
238.3 	(b) The Department of Corrections' Fugitive Apprehension
238.4 	Unit shall not seize real property for the purposes of
238.5 	forfeiture under paragraph (a).
238.6 	
EFFECTIVE DATE. This section is effective July 1, 2005.

238.7 	Sec. 12. Minnesota Statutes 2004, section 609.5312,
238.8 	subdivision 3, is amended to read:
238.9 		Subd. 3.Vehicle forfeiture for prostitution offenses.
 238.10 	(a) A motor vehicle is subject to forfeiture under this
238.11 	subdivision if it was used to commit or facilitate, or used
238.12 	during the commission of, a violation of section 609.324 or a
238.13 	violation of a local ordinance substantially similar to section
238.14 	609.324.  A motor vehicle is subject to forfeiture under this
238.15 	subdivision only if the offense is established by proof of a
238.16 	criminal conviction for the offense.  Except as otherwise
238.17 	provided in this subdivision, a forfeiture under this
238.18 	subdivision is governed by sections 609.531, 609.5312, and
238.19 	609.5313.
238.20 	(b) When a motor vehicle subject to forfeiture under this
238.21 	subdivision is seized in advance of a judicial forfeiture order,
238.22 	a hearing before a judge or referee must be held within 96 hours
238.23 	of the seizure.  Notice of the hearing must be given to the
238.24 	registered owner within 48 hours of the seizure.  The
238.25 	prosecuting authority shall certify to the court, at or in
238.26 	advance of the hearing, that it has filed or intends to file
238.27 	charges against the alleged violator for violating section
238.28 	609.324 or a local ordinance substantially similar to section
238.29 	609.324.  After conducting the hearing, the court shall order
238.30 	that the motor vehicle be returned to the owner if:
238.31 	(1) the prosecutor has failed to make the certification
238.32 	required by paragraph (b);
238.33 	(2) the owner of the motor vehicle has demonstrated to the
238.34 	court's satisfaction that the owner has a defense to the
238.35 	forfeiture, including but not limited to the defenses contained
238.36 	in subdivision 2; or
239.1 	(3) the court determines that seizure of the vehicle
239.2 	creates or would create an undue hardship for members of the
239.3 	owner's family.
239.4 	(c) If the defendant is acquitted or prostitution charges
239.5 	against the defendant are dismissed, neither the owner nor the
239.6 	defendant is responsible for paying any costs associated with
239.7 	the seizure or storage of the vehicle.
239.8 	(d) A vehicle leased or rented under section 168.27,
239.9 	subdivision 4, for a period of 180 days or less is not subject
239.10 	to forfeiture under this subdivision.
239.11 	(e) For purposes of this subdivision, seizure occurs either:
239.12 	(1) at the date at which personal service of process upon
239.13 	the registered owner is made; or
239.14 	(2) at the date when the registered owner has been notified
239.15 	by certified mail at the address listed in the Minnesota
239.16 	Department of Public Safety computerized motor vehicle
239.17 	registration records.
239.18 	(f) The Department of Corrections' Fugitive Apprehension
239.19 	Unit shall not participate in paragraphs (a) to (e).
239.20 	
EFFECTIVE DATE. This section is effective July 1, 2005.

239.21 	Sec. 13. Minnesota Statutes 2004, section 609.5312,
239.22 	subdivision 4, is amended to read:
239.23 		Subd. 4.Vehicle forfeiture for fleeing a peace officer.
 239.24 	(a) A motor vehicle is subject to forfeiture under this
239.25 	subdivision if it was used to commit a violation of section
239.26 	609.487 and endanger life or property.  A motor vehicle is
239.27 	subject to forfeiture under this subdivision only if the offense
239.28 	is established by proof of a criminal conviction for the
239.29 	offense.  Except as otherwise provided in this subdivision, a
239.30 	forfeiture under this subdivision is governed by sections
239.31 	609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.
239.32 	(b) When a motor vehicle subject to forfeiture under this
239.33 	subdivision is seized in advance of a judicial forfeiture order,
239.34 	a hearing before a judge or referee must be held within 96 hours
239.35 	of the seizure.  Notice of the hearing must be given to the
239.36 	registered owner within 48 hours of the seizure.  The
240.1 	prosecuting authority shall certify to the court, at or in
240.2 	advance of the hearing, that it has filed or intends to file
240.3 	charges against the alleged violator for violating section
240.4 	609.487.  After conducting the hearing, the court shall order
240.5 	that the motor vehicle be returned to the owner if:
240.6 	(1) the prosecutor has failed to make the certification
240.7 	required by this paragraph;
240.8 	(2) the owner of the motor vehicle has demonstrated to the
240.9 	court's satisfaction that the owner has a defense to the
240.10 	forfeiture, including but not limited to the defenses contained
240.11 	in subdivision 2; or
240.12 	(3) the court determines that seizure of the vehicle
240.13 	creates or would create an undue hardship for members of the
240.14 	owner's family.
240.15 	(c) If the defendant is acquitted or the charges against
240.16 	the defendant are dismissed, neither the owner nor the defendant
240.17 	is responsible for paying any costs associated with the seizure
240.18 	or storage of the vehicle.
240.19 	(d) A vehicle leased or rented under section 168.27,
240.20 	subdivision 4, for a period of 180 days or less is not subject
240.21 	to forfeiture under this subdivision.
240.22 	(e) A motor vehicle that is an off-road recreational
240.23 	vehicle as defined in section 169A.03, subdivision 16, or a
240.24 	motorboat as defined in section 169A.03, subdivision 13, is not
240.25 	subject to paragraph (b).
240.26 	(f) For purposes of this subdivision, seizure occurs either:
240.27 	(1) at the date at which personal service of process upon
240.28 	the registered owner is made; or
240.29 	(2) at the date when the registered owner has been notified
240.30 	by certified mail at the address listed in the Minnesota
240.31 	Department of Public Safety computerized motor vehicle
240.32 	registration records.
240.33 	(g) The Department of Corrections' Fugitive Apprehension
240.34 	Unit shall not seize a motor vehicle for the purposes of
240.35 	forfeiture under paragraphs (a) to (f).
240.36 	
EFFECTIVE DATE. This section is effective July 1, 2005.

241.1 	Sec. 14. Minnesota Statutes 2004, section 609.5314,
241.2 	subdivision 1, is amended to read:
241.3 		Subdivision 1.Property subject to administrative
241.4 	forfeiture; presumption.  (a) The following are presumed to be
241.5 	subject to administrative forfeiture under this section:
241.6 	(1) all money, precious metals, and precious stones found
241.7 	in proximity to:
241.8 	(i) controlled substances;
241.9 	(ii) forfeitable drug manufacturing or distributing
241.10 	equipment or devices; or
241.11 	(iii) forfeitable records of manufacture or distribution of
241.12 	controlled substances;
241.13 	(2) all conveyance devices containing controlled substances
241.14 	with a retail value of $100 or more if possession or sale of the
241.15 	controlled substance would be a felony under chapter 152; and
241.16 	(3) all firearms, ammunition, and firearm accessories found:
241.17 	(i) in a conveyance device used or intended for use to
241.18 	commit or facilitate the commission of a felony offense
241.19 	involving a controlled substance;
241.20 	(ii) on or in proximity to a person from whom a felony
241.21 	amount of controlled substance is seized; or
241.22 	(iii) on the premises where a controlled substance is
241.23 	seized and in proximity to the controlled substance, if
241.24 	possession or sale of the controlled substance would be a felony
241.25 	under chapter 152.
241.26 	(4) The Department of Corrections' Fugitive Apprehension
241.27 	Unit shall not seize items listed in clauses (2) and (3) for the
241.28 	purposes of forfeiture.
241.29 	(b) A claimant of the property bears the burden to rebut
241.30 	this presumption.
241.31 	
EFFECTIVE DATE. This section is effective July 1, 2005.

241.32 	Sec. 15. Minnesota Statutes 2004, section 609.5317,
241.33 	subdivision 1, is amended to read:
241.34 		Subdivision 1.Rental property.  (a) When contraband or a
241.35 	controlled substance manufactured, distributed, or acquired in
241.36 	violation of chapter 152 is seized on residential rental
242.1 	property incident to a lawful search or arrest, the county
242.2 	attorney shall give the notice required by this subdivision to
242.3 	(1) the landlord of the property or the fee owner identified in
242.4 	the records of the county assessor, and (2) the agent authorized
242.5 	by the owner to accept service pursuant to section 504B.181.
242.6 	The notice is not required during an ongoing investigation.  The
242.7 	notice shall state what has been seized and specify the
242.8 	applicable duties and penalties under this subdivision.  The
242.9 	notice shall state that the landlord who chooses to assign the
242.10 	right to bring an eviction action retains all rights and duties,
242.11 	including removal of a tenant's personal property following
242.12 	issuance of the writ of restitution and delivery of the writ to
242.13 	the sheriff for execution.  The notice shall also state that the
242.14 	landlord may contact the county attorney if threatened by the
242.15 	tenant.  Notice shall be sent by certified letter, return
242.16 	receipt requested, within 30 days of the seizure.  If receipt is
242.17 	not returned, notice shall be given in the manner provided by
242.18 	law for service of summons in a civil action.
242.19 	(b) Within 15 days after notice of the first occurrence,
242.20 	the landlord shall bring, or assign to the county attorney of
242.21 	the county in which the real property is located, the right to
242.22 	bring an eviction action against the tenant.  The assignment
242.23 	must be in writing on a form prepared by the county attorney.
242.24 	Should the landlord choose to assign the right to bring an
242.25 	eviction action, the assignment shall be limited to those rights
242.26 	and duties up to and including delivery of the writ of
242.27 	restitution to the sheriff for execution.
242.28 	(c) Upon notice of a second occurrence on any residential
242.29 	rental property owned by the same landlord in the same county
242.30 	and involving the same tenant, and within one year after notice
242.31 	of the first occurrence, the property is subject to forfeiture
242.32 	under sections 609.531, 609.5311, 609.5313, and 609.5315, unless
242.33 	an eviction action has been commenced as provided in paragraph
242.34 	(b) or the right to bring an eviction action was assigned to the
242.35 	county attorney as provided in paragraph (b).  If the right has
242.36 	been assigned and not previously exercised, or if the county
243.1 	attorney requests an assignment and the landlord makes an
243.2 	assignment, the county attorney may bring an eviction action
243.3 	rather than an action for forfeiture.
243.4 	(d) The Department of Corrections' Fugitive Apprehension
243.5 	Unit shall not seize real property for the purposes of
243.6 	forfeiture as described in paragraphs (a) to (c).
243.7 	
EFFECTIVE DATE. This section is effective July 1, 2005.

243.8 	Sec. 16. Minnesota Statutes 2004, section 609.5318,
243.9 	subdivision 1, is amended to read:
243.10 		Subdivision 1.Motor vehicles subject to forfeiture. (a) 
243.11 	A motor vehicle is subject to forfeiture under this section if
243.12 	the prosecutor establishes by clear and convincing evidence that
243.13 	the vehicle was used in a violation of section 609.66,
243.14 	subdivision 1e.  The prosecutor need not establish that any
243.15 	individual was convicted of the violation, but a conviction of
243.16 	the owner for a violation of section 609.66, subdivision 1e,
243.17 	creates a presumption that the vehicle was used in the violation.
243.18 	(b) The Department of Corrections' Fugitive Apprehension
243.19 	Unit shall not seize a motor vehicle for the purposes of
243.20 	forfeiture under paragraph (a).
243.21 	
EFFECTIVE DATE. This section is effective July 1, 2005.

243.22 	Sec. 17. Minnesota Statutes 2004, section 631.425,
243.23 	subdivision 4, is amended to read:
243.24 		Subd. 4.Confinement when not employed.  Unless the court
243.25 	otherwise directs, the sheriff or local correctional agency may
243.26 	electronically monitor or confine in jail each inmate must be
243.27 	confined in jail during the time the inmate is not employed, or,
243.28 	if the inmate is employed, between the times of employment. The
243.29 	sheriff may not electronically monitor an offender who is
243.30 	sentenced for domestic assault under section 609.2242, unless
243.31 	the court directs otherwise.  The sheriff may assess the cost of
243.32 	electronic monitoring on the offender.
243.33 	
EFFECTIVE DATE. This section is effective July 1, 2005.

243.34 	Sec. 18. Minnesota Statutes 2004, section 641.21, is
243.35 	amended to read:
243.36 	641.21 JAIL, ADVICE AS TO CONSTRUCTION.
244.1 	When any county board determines to purchase, lease or
244.2 	erect a new jail, or to repair an existing one at an expense of
244.3 	more than $5,000 $15,000, it shall pass a resolution to that
244.4 	effect, and transmit a copy thereof to the commissioner of
244.5 	corrections, who, within 30 days thereafter, shall transmit to
244.6 	that county board the advice and suggestions in reference to the
244.7 	purchase, lease or construction thereof as the commissioner
244.8 	deems proper.

244.9 	EFFECTIVE DATE. This section is effective July 1, 2005.

244.10 	Sec. 19. REPEALER.
 244.11 	Minnesota Statutes 2004, section 243.162, is repealed.

244.12 	EFFECTIVE DATE. This section is effective July 1, 2005.

244.13 	ARTICLE 14
244.14 	COURTS AND PUBLIC DEFENDER

244.15 	Section 1. Minnesota Statutes 2004, section 2.722,
244.16 	subdivision 1, is amended to read:
244.17 		Subdivision 1.Description.  Effective July 1, 1959, the
244.18 	state is divided into ten judicial districts composed of the
244.19 	following named counties, respectively, in each of which
244.20 	districts judges shall be chosen as hereinafter specified:
244.21 	1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and
244.22 	Sibley; 33 35 judges; and four permanent chambers shall be
244.23 	maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
244.24 	other shall be maintained at the place designated by the chief
244.25 	judge of the district;
244.26 	2.  Ramsey; 26 judges;
244.27 	3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
244.28 	Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent
244.29 	chambers shall be maintained in Faribault, Albert Lea, Austin,
244.30 	Rochester, and Winona;
244.31 	4.  Hennepin; 60 judges;
244.32 	5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
244.33 	Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
244.34 	Martin, and Jackson; 16 judges; and permanent chambers shall be
244.35 	maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
244.36 	6.  Carlton, St. Louis, Lake, and Cook; 15 judges;
245.1 	7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
245.2 	Stearns, Todd, Clay, Becker, and Wadena; 25 28 judges; and
245.3 	permanent chambers shall be maintained in Moorhead, Fergus
245.4 	Falls, Little Falls, and St. Cloud;
245.5 	8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
245.6 	Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
245.7 	Traverse, and Wilkin; 11 judges; and permanent chambers shall be
245.8 	maintained in Morris, Montevideo, and Willmar;
245.9 	9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
245.10 	Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
245.11 	Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
245.12 	22 23 judges; and permanent chambers shall be maintained in
245.13 	Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
245.14 	and International Falls; and
245.15 	10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
245.16 	Chisago, and Washington; 41 44 judges; and permanent chambers
245.17 	shall be maintained in Anoka, Stillwater, and other places
245.18 	designated by the chief judge of the district.
245.19 	
EFFECTIVE DATE. This section is effective July 1, 2005.

245.20 	Sec. 2. Minnesota Statutes 2004, section 357.021,
245.21 	subdivision 6, is amended to read:
245.22 		Subd. 6.Surcharges on criminal and traffic offenders.
 245.23 	(a) Except as provided in this paragraph,the court shall impose
245.24 	and the court administrator shall collect a $60 $70 surcharge on
245.25 	every person convicted of any felony, gross misdemeanor,
245.26 	misdemeanor, or petty misdemeanor offense, other than a
245.27 	violation of a law or ordinance relating to vehicle parking, for
245.28 	which there shall be a $3 $4 surcharge.  In the Second Judicial
245.29 	District, the court shall impose, and the court administrator
245.30 	shall collect, an additional $1 surcharge on every person
245.31 	convicted of any felony, gross misdemeanor, misdemeanor, or
245.32 	petty misdemeanor offense, other than including a violation of a
245.33 	law or ordinance relating to vehicle parking, if the Ramsey
245.34 	County Board of Commissioners authorizes the $1 surcharge.  The
245.35 	surcharge shall be imposed whether or not the person is
245.36 	sentenced to imprisonment or the sentence is stayed. The
246.1 	surcharge shall not be imposed when a person is convicted of a
246.2 	petty misdemeanor for which no fine is imposed.
246.3 	(b) If the court fails to impose a surcharge as required by
246.4 	this subdivision, the court administrator shall show the
246.5 	imposition of the surcharge, collect the surcharge and correct
246.6 	the record.
246.7 	(c) The court may not waive payment of the surcharge
246.8 	required under this subdivision.  Upon a showing of indigency or
246.9 	undue hardship upon the convicted person or the convicted
246.10 	person's immediate family, the sentencing court may authorize
246.11 	payment of the surcharge in installments.
246.12 	(d) The court administrator or other entity collecting a
246.13 	surcharge shall forward it to the commissioner of finance.
246.14 	(e) If the convicted person is sentenced to imprisonment
246.15 	and has not paid the surcharge before the term of imprisonment
246.16 	begins, the chief executive officer of the correctional facility
246.17 	in which the convicted person is incarcerated shall collect the
246.18 	surcharge from any earnings the inmate accrues from work
246.19 	performed in the facility or while on conditional release.  The
246.20 	chief executive officer shall forward the amount collected to
246.21 	the commissioner of finance.
246.22 	
EFFECTIVE DATE. This section is effective July 1, 2005.

246.23 	Sec. 3. Minnesota Statutes 2004, section 357.021,
246.24 	subdivision 7, is amended to read:
246.25 		Subd. 7.Disbursement of surcharges by commissioner of
246.26 	finance.  (a) Except as provided in paragraphs (b), (c), and
246.27 	(d), the commissioner of finance shall disburse surcharges
246.28 	received under subdivision 6 and section 97A.065, subdivision 2,
246.29 	as follows:
246.30 	(1) one percent shall be credited to the game and fish fund
246.31 	to provide peace officer training for employees of the
246.32 	Department of Natural Resources who are licensed under sections
246.33 	626.84 to 626.863, and who possess peace officer authority for
246.34 	the purpose of enforcing game and fish laws;
246.35 	(2) 39 percent shall be credited to the peace officers
246.36 	training account in the special revenue fund; and
247.1 	(3) 60 percent shall be credited to the general fund.
247.2 	(b) The commissioner of finance shall credit $3 of each
247.3 	surcharge received under subdivision 6 and section 97A.065,
247.4 	subdivision 2, to the general fund.
247.5 	(c) In addition to any amounts credited under paragraph
247.6 	(a), the commissioner of finance shall credit $32 $42 of each
247.7 	surcharge received under subdivision 6 and section 97A.065,
247.8 	subdivision 2, and the $3 parking surcharge, to the general fund.
247.9 	(d) If the Ramsey County Board of Commissioners authorizes
247.10 	imposition of the additional $1 surcharge provided for in
247.11 	subdivision 6, paragraph (a), the court administrator in the
247.12 	Second Judicial District shall withhold $1 from each surcharge
247.13 	collected under subdivision 6.  The court administrator must use
247.14 	the withheld funds solely to fund the petty misdemeanor
247.15 	diversion program administered by the Ramsey County Violations
247.16 	Bureau.  The court administrator must transfer any unencumbered
247.17 	portion of the funds received under this subdivision to the
247.18 	commissioner of finance for distribution according to paragraphs
247.19 	(a) to (c) transmit the surcharge to the commissioner of finance.
247.20 	The $1 special surcharge is deposited in a Ramsey County
247.21 	surcharge account in the special revenue fund and amounts in the
247.22 	account are appropriated to the trial courts for the
247.23 	administration of the petty misdemeanor diversion program
247.24 	operated by the Second Judicial District Ramsey County
247.25 	Violations Bureau.
247.26 	
EFFECTIVE DATE. The change to paragraph (c) is effective
247.27 	July 1, 2005.  The changes to paragraph (d) are effective either
247.28 	the day after the governing body of Ramsey County authorizes
247.29 	imposition of the surcharge, or July 1, 2005, whichever is the
247.30 	later date, and applies to convictions on or after that date.

247.31 	Sec. 4. Minnesota Statutes 2004, section 357.18,
247.32 	subdivision 3, is amended to read:
247.33 		Subd. 3.Surcharge.  In addition to the fees imposed in
247.34 	subdivision 1, a $4.50 $8.50 surcharge shall be collected:  on
247.35 	each fee charged under subdivision 1, clauses (1) and (6), and
247.36 	for each abstract certificate under subdivision 1, clause (4).
248.1 	Fifty cents of each surcharge shall be retained by the county to
248.2 	cover its administrative costs and $4 $8 shall be paid to the
248.3 	state treasury and credited to the general fund.
248.4 	
EFFECTIVE DATE. This section is effective July 1, 2005.

248.5 	Sec. 5. Minnesota Statutes 2004, section 508.82,
248.6 	subdivision 1, is amended to read:
248.7 		Subdivision 1.Standard documents.  The fees to be paid
248.8 	to the registrar shall be as follows:
248.9 	(1) of the fees provided herein, five percent of the fees
248.10 	collected under clauses (3), (5), (11), (13), (14), (16), and
248.11 	(17), for filing or memorializing shall be paid to the
248.12 	commissioner of finance and credited to the general fund; plus a
248.13 	$4.50 $8.50 surcharge shall be charged and collected in addition
248.14 	to the total fees charged for each transaction under clauses
248.15 	(2), (3), (5), (11), (13), (14), (16), and (17), with 50 cents
248.16 	of this surcharge to be retained by the county to cover its
248.17 	administrative costs, and $4 $8 to be paid to the state treasury
248.18 	and credited to the general fund;
248.19 	(2) for registering a first certificate of title, including
248.20 	issuing a copy of it, $30;
248.21 	(3) for registering each instrument transferring the fee
248.22 	simple title for which a new certificate of title is issued and
248.23 	for the registration of the new certificate of title, including
248.24 	a copy of it, $30;
248.25 	(4) for issuance of a CECT pursuant to section 508.351,
248.26 	$15;
248.27 	(5) for the entry of each memorial on a certificate, $15;
248.28 	(6) for issuing each residue certificate, $20;
248.29 	(7) for exchange certificates, $10 for each certificate
248.30 	canceled and $10 for each new certificate issued;
248.31 	(8) for each certificate showing condition of the register,
248.32 	$10;
248.33 	(9) for any certified copy of any instrument or writing on
248.34 	file in the registrar's office, the same fees allowed by law to
248.35 	county recorders for like services;
248.36 	(10) for a noncertified copy of any certificate of title,
249.1 	other than the copies issued under clauses (2) and (3), any
249.2 	instrument or writing on file in the office of the registrar of
249.3 	titles, or any specified page or part of it, an amount as
249.4 	determined by the county board for each page or fraction of a
249.5 	page specified.  If computer or microfilm printers are used to
249.6 	reproduce the instrument or writing, a like amount per image;
249.7 	(11) for filing two copies of any plat in the office of the
249.8 	registrar, $30;
249.9 	(12) for any other service under this chapter, such fee as
249.10 	the court shall determine;
249.11 	(13) for filing an amendment to a declaration in accordance
249.12 	with chapter 515, $10 for each certificate upon which the
249.13 	document is registered and $30 for an amended floor plan filed
249.14 	in accordance with chapter 515;
249.15 	(14) for filing an amendment to a common interest community
249.16 	declaration and plat or amendment complying with section
249.17 	515B.2-110, subsection (c), $10 for each certificate upon which
249.18 	the document is registered and $30 for the filing of the
249.19 	condominium or common interest community plat or amendment;
249.20 	(15) for a copy of a condominium floor plan filed in
249.21 	accordance with chapter 515, or a copy of a common interest
249.22 	community plat complying with section 515B.2-110, subsection
249.23 	(c), the fee shall be $1 for each page of the floor plan or
249.24 	common interest community plat with a minimum fee of $10;
249.25 	(16) for the filing of a certified copy of a plat of the
249.26 	survey pursuant to section 508.23 or 508.671, $10;
249.27 	(17) for filing a registered land survey in triplicate in
249.28 	accordance with section 508.47, subdivision 4, $30; and
249.29 	(18) for furnishing a certified copy of a registered land
249.30 	survey in accordance with section 508.47, subdivision 4, $10.
249.31 	
EFFECTIVE DATE. This section is effective July 1, 2005.

249.32 	Sec. 6. Minnesota Statutes 2004, section 508A.82,
249.33 	subdivision 1, is amended to read:
249.34 		Subdivision 1.Standard documents.  The fees to be paid
249.35 	to the registrar shall be as follows:
249.36 	(1) of the fees provided herein, five percent of the fees
250.1 	collected under clauses (3), (5), (11), (13), (14), and (17),
250.2 	for filing or memorializing shall be paid to the commissioner of
250.3 	finance and credited to the general fund; plus a $4.50 $8.50 
250.4 	surcharge shall be charged and collected in addition to the
250.5 	total fees charged for each transaction under clauses (2), (3),
250.6 	(5), (11), (13), (14), and (17), with 50 cents of this surcharge
250.7 	to be retained by the county to cover its administrative costs,
250.8 	and $4 $8 to be paid to the state treasury and credited to the
250.9 	general fund;
250.10 	(2) for registering a first CPT, including issuing a copy
250.11 	of it, $30;
250.12 	(3) for registering each instrument transferring the fee
250.13 	simple title for which a new CPT is issued and for the
250.14 	registration of the new CPT, including a copy of it, $30;
250.15 	(4) for issuance of a CECT pursuant to section 508A.351,
250.16 	$15;
250.17 	(5) for the entry of each memorial on a CPT, $15;
250.18 	(6) for issuing each residue CPT, $20;
250.19 	(7) for exchange CPTs or combined certificates of title,
250.20 	$10 for each CPT and certificate of title canceled and $10 for
250.21 	each new CPT or combined certificate of title issued;
250.22 	(8) for each CPT showing condition of the register, $10;
250.23 	(9) for any certified copy of any instrument or writing on
250.24 	file in the registrar's office, the same fees allowed by law to
250.25 	county recorders for like services;
250.26 	(10) for a noncertified copy of any CPT, other than the
250.27 	copies issued under clauses (2) and (3), any instrument or
250.28 	writing on file in the office of the registrar of titles, or any
250.29 	specified page or part of it, an amount as determined by the
250.30 	county board for each page or fraction of a page specified.  If
250.31 	computer or microfilm printers are used to reproduce the
250.32 	instrument or writing, a like amount per image;
250.33 	(11) for filing two copies of any plat in the office of the
250.34 	registrar, $30;
250.35 	(12) for any other service under sections 508A.01 to
250.36 	508A.85, the fee the court shall determine;
251.1 	(13) for filing an amendment to a declaration in accordance
251.2 	with chapter 515, $10 for each certificate upon which the
251.3 	document is registered and $30 for an amended floor plan filed
251.4 	in accordance with chapter 515;
251.5 	(14) for filing an amendment to a common interest community
251.6 	declaration and plat or amendment complying with section
251.7 	515B.2-110, subsection (c), and issuing a CECT if required, $10
251.8 	for each certificate upon which the document is registered and
251.9 	$30 for the filing of the condominium or common interest
251.10 	community plat or amendment;
251.11 	(15) for a copy of a condominium floor plan filed in
251.12 	accordance with chapter 515, or a copy of a common interest
251.13 	community plat complying with section 515B.2-110, subsection
251.14 	(c), the fee shall be $1 for each page of the floor plan, or
251.15 	common interest community plat with a minimum fee of $10;
251.16 	(16) in counties in which the compensation of the examiner
251.17 	of titles is paid in the same manner as the compensation of
251.18 	other county employees, for each parcel of land contained in the
251.19 	application for a CPT, as the number of parcels is determined by
251.20 	the examiner, a fee which is reasonable and which reflects the
251.21 	actual cost to the county, established by the board of county
251.22 	commissioners of the county in which the land is located;
251.23 	(17) for filing a registered land survey in triplicate in
251.24 	accordance with section 508A.47, subdivision 4, $30; and
251.25 	(18) for furnishing a certified copy of a registered land
251.26 	survey in accordance with section 508A.47, subdivision 4, $10.
251.27 	
EFFECTIVE DATE. This section is effective July 1, 2005.

251.28 	Sec. 7. [545A.01] APPEAL OF PRETRIAL ORDERS; ATTORNEY
251.29 	FEES; DEFENDANT; NOT GOVERNMENT RESPONSIBILITY.
251.30 	(a) Notwithstanding Rule 28.04, subdivision 2, clause (6),
251.31 	of the Rules of Criminal Procedure, the government unit is not
251.32 	required to pay the attorney fees and costs incurred by the
251.33 	defendant on the unit's appeal of the following:
251.34 	(1) in any case, from a pretrial order of the trial court;
251.35 	(2) in felony cases, from any sentence imposed or stayed by
251.36 	the trial court;
252.1 	(3) in any case, from an order granting postconviction
252.2 	relief;
252.3 	(4) in any case, from a judgment of acquittal by the trial
252.4 	court entered after the jury returns a verdict of guilty under
252.5 	Rule 26.03, subdivision 17, clause (2) or (3), of the Rules of
252.6 	Criminal Procedure; and 
252.7 	(5) in any case, from an order of the trial court vacating
252.8 	judgment and dismissing the case made after the jury returns a
252.9 	verdict of guilty under Rule 26.04, subdivision 2, of the Rules
252.10 	of Criminal Procedure.
252.11 	(b) Paragraph (a) does not apply if the defendant is
252.12 	represented by the public defender in this matter.

252.13 	EFFECTIVE DATE. This section is effective July 1, 2005.

252.14 	Sec. 8. Minnesota Statutes 2004, section 590.01,
252.15 	subdivision 1, is amended to read:
252.16 		Subdivision 1.Petition.  Except at a time when direct
252.17 	appellate relief is available, a person convicted of a crime,
252.18 	who claims that:
252.19 	(1) the conviction obtained or the sentence or other
252.20 	disposition made violated the person's rights under the
252.21 	Constitution or laws of the United States or of the state; or
252.22 	(2) scientific evidence not available at trial, obtained
252.23 	pursuant to a motion granted under subdivision 1a, establishes
252.24 	the petitioner's actual innocence;
252.25 	may commence a proceeding to secure relief by filing a petition
252.26 	in the district court in the county in which the conviction was
252.27 	had to vacate and set aside the judgment and to discharge the
252.28 	petitioner or to resentence the petitioner or grant a new trial
252.29 	or correct the sentence or make other disposition as may be
252.30 	appropriate. A petition for postconviction relief after a
252.31 	direct appeal has been completed may not be based on grounds
252.32 	that could have been raised on direct appeal of the conviction
252.33 	or sentence.Nothing contained herein shall prevent the Supreme
252.34 	Court or the Court of Appeals, upon application by a party, from
252.35 	granting a stay of a case on appeal for the purpose of allowing
252.36 	an appellant to apply to the district court for an evidentiary
253.1 	hearing under the provisions of this chapter.  The proceeding
253.2 	shall conform with sections 590.01 to 590.06.
253.3 	
EFFECTIVE DATE. This section is effective August 1, 2005.

253.4 	Sec. 9. Minnesota Statutes 2004, section 590.01, is
253.5 	amended by adding a subdivision to read:
253.6 		Subd. 4.Time limit. (a) No petition for postconviction
253.7 	relief may be filed more than two years after the later of:
253.8 	(1) the entry of judgment of conviction or sentence if no
253.9 	direct appeal is filed; or 
253.10 	(2) an appellate court's disposition of petitioner's direct
253.11 	appeal.
253.12 	(b) Notwithstanding paragraph (a), a court may hear a
253.13 	petition for postconviction relief if:
253.14 	(1) the petitioner establishes that a physical disability
253.15 	or mental disease precluded a timely assertion of the claim;
253.16 	(2) the petitioner alleges the existence of newly
253.17 	discovered evidence, including scientific evidence, that could
253.18 	not have been ascertained by the exercise of due diligence by
253.19 	the petitioner or petitioner's attorney within the two-year time
253.20 	period for filing a postconviction petition, and the evidence is
253.21 	not cumulative to evidence presented at trial, is not for
253.22 	impeachment purposes, and establishes by a clear and convincing
253.23 	standard that the petitioner is innocent of the offense or
253.24 	offenses for which the petitioner was convicted;
253.25 	(3) the petitioner asserts a new interpretation of federal
253.26 	or state constitutional or statutory law by either the United
253.27 	States Supreme Court or a Minnesota appellate court and the
253.28 	petitioner establishes that this interpretation is retroactively
253.29 	applicable to the petitioner's case;
253.30 	(4) the petition is brought pursuant to subdivision 3; or 
253.31 	(5) the petitioner establishes to the satisfaction of the
253.32 	court that the petition is not frivolous and is in the interests
253.33 	of justice.
253.34 	(c) Any petition invoking an exception provided in
253.35 	paragraph (b) must be filed within two years of the date the
253.36 	claim arises.
254.1 	
EFFECTIVE DATE. This section is effective August 1, 2005.
254.2 	Any person whose conviction became final before August 1, 2005,
254.3 	shall have two years after the effective date of this act to
254.4 	file a petition for postconviction relief.

254.5 	Sec. 10. Minnesota Statutes 2004, section 609.115, is
254.6 	amended by adding a subdivision to read:
254.7 		Subd. 2a.Sentencing worksheet; sentencing guidelines
254.8 	commission. If the defendant has been convicted of a felony,
254.9 	including a felony for which a mandatory life sentence is
254.10 	required by law, the court shall cause a sentencing worksheet as
254.11 	provided in subdivision 1 to be completed and forwarded to the
254.12 	Sentencing Guidelines Commission.
254.13 	For the purpose of this section, "mandatory life sentence"
254.14 	means a sentence under section 609.106, subdivision 2; 609.109,
254.15 	subdivision 3; 609.185; 609.342, subdivision 2; 609.343,
254.16 	subdivision 2; 609.344, subdivision 2; 609.345, subdivision 2;
254.17 	609.3453, subdivision 2; or 609.385, subdivision 2, and governed
254.18 	by section 244.05.
254.19 	
EFFECTIVE DATE. This section is effective July 1, 2005.

254.20 	Sec. 11. Minnesota Statutes 2004, section 611.14, is
254.21 	amended to read:
254.22 	611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
254.23 	The following persons who are financially unable to obtain
254.24 	counsel are entitled to be represented by a public defender:
254.25 	(1) a person charged with a felony, gross misdemeanor, or
254.26 	misdemeanor including a person charged under sections 629.01 to
254.27 	629.29;
254.28 	(2) a person appealing from a conviction of a felony or
254.29 	gross misdemeanor, or a person convicted of a felony or gross
254.30 	misdemeanor, who is pursuing a postconviction proceeding and who
254.31 	has not already had a direct appeal of the conviction, but if
254.32 	the person pled guilty and received a presumptive sentence or a
254.33 	downward departure in sentence, and the state public defender
254.34 	reviewed the person's case and determined that there was no
254.35 	basis for an appeal of the conviction or of the sentence, then
254.36 	the state public defender may decline to represent the person in
255.1 	a postconviction remedy case;
255.2 	(3) a person who is entitled to be represented by counsel
255.3 	under section 609.14, subdivision 2; or
255.4 	(4) a minor ten years of age or older who is entitled to be
255.5 	represented by counsel under section 260B.163, subdivision 4, or
255.6 	260C.163, subdivision 3.
255.7 	The Board of Public Defense must not provide or pay for
255.8 	public defender services to persons other than those entitled to
255.9 	representation under this section.

255.10 	EFFECTIVE DATE. This section is effective July 1, 2005.

255.11 	Sec. 12. Minnesota Statutes 2004, section 611.16, is
255.12 	amended to read:
255.13 	611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
255.14 	Any person described in section 611.14or any other person
255.15 	entitled by law to representation by counsel,may at any time
255.16 	request the court in which the matter is pending, or the court
255.17 	in which the conviction occurred, to appoint a public defender
255.18 	to represent the person.  In a proceeding defined by clause (2)
255.19 	of section 611.14, application for the appointment of a public
255.20 	defender may also be made to a judge of the Supreme Court.

255.21 	EFFECTIVE DATE. This section is effective July 1, 2005,
255.22 	and applies to crimes committed on or after that date.

255.23 	Sec. 13. Minnesota Statutes 2004, section 611.25,
255.24 	subdivision 1, is amended to read:
255.25 		Subdivision 1.Representation.  (a) The state public
255.26 	defender shall represent, without charge:
255.27 	(1) a defendant or other person appealing from a conviction
255.28 	of a felony or gross misdemeanor;
255.29 	(2) a person convicted of a felony or gross misdemeanor who
255.30 	is pursuing a postconviction proceeding and who has not already
255.31 	had a direct appeal of the conviction, but if the person pled
255.32 	guilty and received a presumptive sentence or a downward
255.33 	departure in sentence, and the state public defender reviewed
255.34 	the person's case and determined that there was no basis for an
255.35 	appeal of the conviction or of the sentence, then the state
255.36 	public defender may decline to represent the person in a
256.1 	postconviction remedy case; and
256.2 	(3) a child who is appealing from a delinquency
256.3 	adjudication or from an extended jurisdiction juvenile
256.4 	conviction.
256.5 	(b) The state public defender may represent, without
256.6 	charge, all other persons pursuing a postconviction remedy under
256.7 	section 590.01, who are financially unable to obtain counsel.
256.8 	(c) The state public defender shall represent any other
256.9 	person, who is financially unable to obtain counsel, when
256.10 	directed to do so by the Supreme Court or the Court of Appeals,
256.11 	except that The state public defender shall not represent a
256.12 	person in any action or proceeding in which a party is seeking a
256.13 	monetary judgment, recovery or award.  When requested by a
256.14 	district public defender or appointed counsel, the state public
256.15 	defender may assist the district public defender, appointed
256.16 	counsel, or an organization designated in section 611.216 in the
256.17 	performance of duties, including trial representation in matters
256.18 	involving legal conflicts of interest or other special
256.19 	circumstances, and assistance with legal research and brief
256.20 	preparation. When the state public defender is directed by a
256.21 	court to represent a defendant or other person, the state public
256.22 	defender may assign the representation to any district public
256.23 	defender.
256.24 	
EFFECTIVE DATE. This section is effective July 1, 2005,
256.25 	and applies to crimes committed on or after that date.

256.26 	Sec. 14. Minnesota Statutes 2004, section 611.272, is
256.27 	amended to read:
256.28 	611.272 ACCESS TO GOVERNMENT DATA.
256.29 	The district public defender, the state public defender, or
256.30 	an attorney working for a public defense corporation under
256.31 	section 611.216 has access to the criminal justice data
256.32 	communications network described in section 299C.46, as provided
256.33 	in this section.  Access to data under this section is limited
256.34 	to data regarding the public defender's own client as necessary
256.35 	to prepare criminal cases in which the public defender has been
256.36 	appointed, including as follows:
257.1 	(1) access to data about witnesses in a criminal case shall
257.2 	be limited to records of criminal convictions; and 
257.3 	(2) access to data regarding the public defender's own
257.4 	client which includes, but is not limited to, criminal history
257.5 	data under section 13.87; juvenile offender data under section
257.6 	299C.095; warrant information data under section 299C.115;
257.7 	incarceration data under section 299C.14; conditional release
257.8 	data under section 299C.147; and diversion program data under
257.9 	section 299C.46, subdivision 5.
257.10 	The public defender has access to data under this section,
257.11 	whether accessed via CriMNet or other methods.The public
257.12 	defender does not have access to law enforcement active
257.13 	investigative data under section 13.82, subdivision 7; data
257.14 	protected under section 13.82, subdivision 17; or confidential
257.15 	arrest warrant indices data under section 13.82, subdivision 19;
257.16 	or data systems maintained by a prosecuting attorney.  The
257.17 	public defender has access to the data at no charge, except for
257.18 	the monthly network access charge under section 299C.46,
257.19 	subdivision 3, paragraph (b), and a reasonable installation
257.20 	charge for a terminal.  Notwithstanding section 13.87,
257.21 	subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48,
257.22 	or any other law to the contrary, there shall be no charge to
257.23 	public defenders for Internet access to the criminal justice
257.24 	data communications network.

257.25 	EFFECTIVE DATE. This section is effective July 1, 2005.

257.26 	Sec. 15. [611.273] SURPLUS PROPERTY.
257.27 	Notwithstanding the provisions of Minnesota Statutes,
257.28 	sections 15.054 and 16C.23, the Board of Public Defense, in its
257.29 	sole discretion, may provide surplus computers to its part-time
257.30 	employees for their use.

257.31 	EFFECTIVE DATE. This section is effective July 1, 2005.

257.32 	Sec. 16. Minnesota Statutes 2004, section 626.04, is
257.33 	amended to read:
257.34 	626.04 PROPERTY; SEIZURE, KEEPING, AND DISPOSAL.
257.35 	(a) When any officer seizes, with or without warrant, any
257.36 	property or thing, it shall be safely kept by direction of the
258.1 	court as long as necessary for the purpose of being produced as
258.2 	evidence on any trial. If the owner of the property makes a
258.3 	written request to the seizing officer's agency for return of
258.4 	the property, and the property has not been returned within 48
258.5 	hours of the request, excluding Saturday, Sunday, or legal
258.6 	holidays, the person whose property has been seized may file a
258.7 	petition for the return of the property in the district court in
258.8 	the district in which the property was seized.  The court
258.9 	administrator shall provide a form for use as a petition under
258.10 	this section.  A filing fee, equal to the civil motion filing
258.11 	fee shall be required for filing the petition.  The district
258.12 	court shall send a copy of the petition to the agency acting as
258.13 	custodian of the property with at least ten days notice of a
258.14 	hearing date.  A hearing on the petition shall be held within 30
258.15 	days of filing unless good cause is shown for an extension of
258.16 	time.  The determination of the petition must be without jury
258.17 	trial and by a simple and informal procedure.  At the hearing,
258.18 	the court may receive relevant evidence on any issue of fact
258.19 	necessary to the decision on the petition without regard to
258.20 	whether the evidence would be admissible under the Minnesota
258.21 	Rules of Evidence.  The court shall allow if requested, or on
258.22 	its own motion may require, the custodian or the custodian's
258.23 	designee to summarize the status and progress of an ongoing
258.24 	investigation that led to the seizure.  Any such summary shall
258.25 	be done ex parte and only the custodian, the custodian's
258.26 	designee, and their attorneys may be present with the court and
258.27 	court staff.  The court shall seal the ex parte record.  After a
258.28 	hearing, the court shall not order the return if it finds that:
258.29 	(1) the property is being held in good faith as potential
258.30 	evidence in any matter, charged or uncharged;
258.31 	(2) the property may be subject to forfeiture proceedings;
258.32 	(3) the property is contraband or may contain contraband;
258.33 	or 
258.34 	(4) the property is subject to other lawful retention.
258.35 	(b) The court shall make findings on each of these issues
258.36 	as part of its order.  If the property is ordered returned, the
259.1 	petitioner shall not be liable for any storage costs incurred
259.2 	from the date the petition was filed.  If the petition is
259.3 	denied, the court may award reasonable costs and attorney fees.
259.4 	After the trial for which the property was being held as
259.5 	potential evidence, and the expiration date for all associated
259.6 	appeals,the property or thing shall, unless otherwise subject
259.7 	to lawful detention, be returned to its owner or any other
259.8 	person entitled to possess it.  Any property or thing seized may
259.9 	be destroyed or otherwise disposed of under the direction of the
259.10 	court.  Any money found in gambling devices when seized shall be
259.11 	paid into the county treasury.  If the gambling devices are
259.12 	seized by a police officer of a municipality, the money shall be
259.13 	paid into the treasury of the municipality.

259.14 	Sec. 17. COLLATERAL SANCTIONS CROSS-REFERENCES; CREATION
259.15 	OF A NEW TABLE.
 259.16 		Subdivision 1.Definitions. For purposes of this section:
259.17 	(1) "automatically" means either by operation of law or by
259.18 	the mandated action of a designated official or agency; and 
259.19 	(2) "collateral sanction" means a legal penalty,
259.20 	disability, or disadvantage, however denominated, that is
259.21 	imposed on a person automatically when that person is convicted
259.22 	of or found to have committed a crime, even if the sanction is
259.23 	not included in the sentence.  Collateral sanction does not
259.24 	include:
259.25 	(i) a direct consequence of the crime such as a criminal
259.26 	fine, restitution, or incarceration; or 
259.27 	(ii) a requirement imposed by the sentencing court or other
259.28 	designated official or agency that the convicted person provide
259.29 	a biological specimen for DNA analysis, provide fingerprints, or
259.30 	submit to any form of assessment or testing.
259.31 		Subd. 2.Revisor instruction. The revisor of statutes
259.32 	shall publish a table in Minnesota Statutes that contains
259.33 	cross-references to Minnesota laws imposing collateral
259.34 	sanctions.  The revisor shall create a structure that
259.35 	categorizes these laws in a useful way to users and provides
259.36 	them with quick access to the cross-referenced laws.  The
260.1 	revisor may consider, but is not limited to, using the following
260.2 	categories in the new table:
260.3 	(1) collateral sanctions relating to employment and
260.4 	occupational licensing;
260.5 	(2) collateral sanctions relating to driving and motor
260.6 	vehicles;
260.7 	(3) collateral sanctions relating to public safety;
260.8 	(4) collateral sanctions relating to eligibility for
260.9 	services and benefits;
260.10 	(5) collateral sanctions relating to property rights;
260.11 	(6) collateral sanctions relating to civil rights and
260.12 	remedies; and 
260.13 	(7) collateral sanctions relating to recreational
260.14 	activities.
260.15 		Subd. 3.Cautionary language. The revisor shall include
260.16 	appropriate cautionary language with the table that notifies
260.17 	users of the following types of issues:
260.18 	(1) that the list of collateral sanctions laws is intended
260.19 	to be comprehensive but is not necessarily complete;
260.20 	(2) that the inclusion or exclusion of a collateral
260.21 	sanction is not intended to have any substantive legal effect;
260.22 	(3) that the cross-references used are intended solely to
260.23 	indicate the contents of the cross-referenced section or
260.24 	subdivision and are not part of the cross-referenced statute;
260.25 	(4) that the cross-references are not substantive and may
260.26 	not be used to construe or limit the meaning of any statutory
260.27 	language; and 
260.28 	(5) that users must consult the language of each
260.29 	cross-referenced law to fully understand the scope and effect of
260.30 	the collateral sanction it imposes.
260.31 		Subd. 4.Consultation with legislators and legislative
260.32 	staff. The revisor shall consult with legislative staff and the
260.33 	chairs of the senate and house committees having jurisdiction
260.34 	over criminal justice matters to identify laws that impose
260.35 	collateral sanctions and develop the appropriate categories and
260.36 	cross-references to use in the new table.
261.1 	
EFFECTIVE DATE. This section is effective July 1, 2005.

261.2 	Sec. 18. RAMSEY COUNTY COURT COMMISSIONER.
 261.3 	The chief justice of the Supreme Court may assign a retired
261.4 	court commissioner to act in Ramsey County as a commissioner of
261.5 	the district court.  The commissioner may perform duties
261.6 	assigned by the chief judge of the judicial district with the
261.7 	powers provided by Minnesota Statutes, section 489.02.  This
261.8 	section expires December 31, 2025.

261.9 	EFFECTIVE DATE. This section is effective July 1, 2005.

261.10 	Sec. 19. REPEALER.
 261.11 	Minnesota Statutes 2004, sections 611.18 and 624.04 are
261.12 	repealed.

261.13 	EFFECTIVE DATE. This section is effective July 1, 2005.

261.14 	ARTICLE 15
261.15 	CHILD PROTECTION

261.16 	Section 1. Minnesota Statutes 2004, section 259.24,
261.17 	subdivision 1, is amended to read:
261.18 		Subdivision 1.Exceptions.  No child shall be adopted
261.19 	without the consent of the child's parents and the child's
261.20 	guardian, if there be one, except in the following instances:
261.21 	(a) Consent shall not be required of a parent not entitled
261.22 	to notice of the proceedings.
261.23 	(b) Consent shall not be required of a parent who has
261.24 	abandoned the child, or of a parent who has lost custody of the
261.25 	child through a divorce decree or a decree of dissolution, and
261.26 	upon whom notice has been served as required by section 259.49.
261.27 	(c) Consent shall not be required of a parent whose
261.28 	parental rights to the child have been terminated by a juvenile
261.29 	court or who has lost custody of a child through a final
261.30 	commitment of the juvenile court or through a decree in a prior
261.31 	adoption proceeding.
261.32 	(d) If there be no parent or guardian qualified to consent
261.33 	to the adoption, the consent may shall be given by the
261.34 	commissioner. After the court accepts a parent's consent to the
261.35 	adoption under section 260C.201, subdivision 11, consent by the
261.36 	commissioner or commissioner's delegate is also necessary.
262.1 	Agreement to the identified prospective adoptive parent by the
262.2 	responsible social services agency under section 260C.201,
262.3 	subdivision 11, does not constitute the required consent.
262.4 	(e) The commissioner or agency having authority to place a
262.5 	child for adoption pursuant to section 259.25, subdivision 1,
262.6 	shall have the exclusive right to consent to the adoption of
262.7 	such child.  The commissioner or agency shall make every effort
262.8 	to place siblings together for adoption.  Notwithstanding any
262.9 	rule to the contrary, the commissioner may delegate the right to
262.10 	consent to the adoption or separation of siblings, if it is in
262.11 	the child's best interest, to a local social services agency.

262.12 	Sec. 2. Minnesota Statutes 2004, section 259.24,
262.13 	subdivision 2a, is amended to read:
262.14 		Subd. 2a.Time of consent; notice of intent to consent to
262.15 	adoption.  (a) Not sooner than 72 hours after the birth of a
262.16 	child and not later than 60 days after the child's placement in
262.17 	a prospective adoptive home, a person whose consent is required
262.18 	under this section shall execute a consent.
262.19 	(b) Unless all birth parents from whom consent is required
262.20 	under this section are involved in making the adoptive placement
262.21 	and intend to consent to the adoption, a birth parent who
262.22 	intends to execute a consent to an adoption must give notice to
262.23 	the child's other birth parent of the intent to consent to the
262.24 	adoption prior to or within 72 hours following the placement of
262.25 	the child, if the other birth parent's consent to the adoption
262.26 	is required under subdivision 1.  The birth parent who receives
262.27 	notice shall have 60 days after the placement of the child to
262.28 	either consent or refuse to consent to the adoption.  If the
262.29 	birth parent who receives notice fails to take either of these
262.30 	actions, that parent shall be deemed to have irrevocably
262.31 	consented to the child's adoption. The notice provisions of
262.32 	chapter 260C and the rules of juvenile protection procedure
262.33 	shall apply to both parents when the consent to adopt is
262.34 	executed under section 260C.201, subdivision 11.
262.35 	(c) When notice is required under this subdivision, it
262.36 	shall be provided to the other birth parent according to the
263.1 	Rules of Civil Procedure for service of a summons and complaint.

263.2 	Sec. 3. Minnesota Statutes 2004, section 259.24,
263.3 	subdivision 5, is amended to read:
263.4 		Subd. 5.Execution.  All consents to an adoption shall be
263.5 	in writing, executed before two competent witnesses, and
263.6 	acknowledged by the consenting party.  In addition, all consents
263.7 	to an adoption, except those by the commissioner, the
263.8 	commissioner's agent, a licensed child-placing agency, an adult
263.9 	adoptee, or the child's parent in a petition for adoption by a
263.10 	stepparent, shall be executed before a representative of the
263.11 	commissioner, the commissioner's agent, or a licensed
263.12 	child-placing agency.  All consents by a parent:
263.13 	(1) shall contain notice to the parent of the substance of
263.14 	subdivision 6a, providing for the right to withdraw
263.15 	consent unless the parent will not have the right to withdraw
263.16 	consent because consent was executed under section 260C.201,
263.17 	subdivision 11, following proper notice that consent given under
263.18 	that provision is irrevocable upon acceptance by the court as
263.19 	provided in subdivision 6a; and
263.20 	(2) shall contain the following written notice in all
263.21 	capital letters at least one-eighth inch high:
263.22 	"This agency will submit your consent to adoption to the
263.23 	court.  The consent itself does not terminate your parental
263.24 	rights.  Parental rights to a child may be terminated only by an
263.25 	adoption decree or by a court order terminating parental
263.26 	rights.  Unless the child is adopted or your parental rights are
263.27 	terminated, you may be asked to support the child."
263.28 	Consents shall be filed in the adoption proceedings at any
263.29 	time before the matter is heard provided, however, that a
263.30 	consent executed and acknowledged outside of this state, either
263.31 	in accordance with the law of this state or in accordance with
263.32 	the law of the place where executed, is valid.

263.33 	Sec. 4. Minnesota Statutes 2004, section 259.24,
263.34 	subdivision 6a, is amended to read:
263.35 		Subd. 6a.Withdrawal of consent. Except for consents
263.36 	executed under section 260C.201, subdivision 11,a parent's
264.1 	consent to adoption may be withdrawn for any reason within ten
264.2 	working days after the consent is executed and acknowledged.
264.3 	Written notification of withdrawal of consent must be received
264.4 	by the agency to which the child was surrendered no later than
264.5 	the tenth working day after the consent is executed and
264.6 	acknowledged.  On the day following the tenth working day after
264.7 	execution and acknowledgment, the consent shall become
264.8 	irrevocable, except upon order of a court of competent
264.9 	jurisdiction after written findings that consent was obtained by
264.10 	fraud. A consent to adopt executed under section 260C.201,
264.11 	subdivision 11, is irrevocable upon proper notice to both
264.12 	parents of the effect of a consent to adopt and acceptance by
264.13 	the court, except upon order of the same court after written
264.14 	findings that the consent was obtained by fraud.In proceedings
264.15 	to determine the existence of fraud, the adoptive parents and
264.16 	the child shall be made parties.  The proceedings shall be
264.17 	conducted to preserve the confidentiality of the adoption
264.18 	process.  There shall be no presumption in the proceedings
264.19 	favoring the birth parents over the adoptive parents.

264.20 	Sec. 5. Minnesota Statutes 2004, section 260C.201,
264.21 	subdivision 11, is amended to read:
264.22 		Subd. 11.Review of court-ordered placements; permanent
264.23 	placement determination.  (a) This subdivision and subdivision
264.24 	11a do not apply in cases where the child is in placement due
264.25 	solely to the child's developmental disability or emotional
264.26 	disturbance, where legal custody has not been transferred to the
264.27 	responsible social services agency, and where the court finds
264.28 	compelling reasons under section 260C.007, subdivision 8, to
264.29 	continue the child in foster care past the time periods
264.30 	specified in this subdivision.  Foster care placements of
264.31 	children due solely to their disability are governed by section
264.32 	260C.141, subdivision 2b.  In all other cases where the child is
264.33 	in foster care or in the care of a noncustodial parent under
264.34 	subdivision 1, the court shall conduct a hearing to determine
264.35 	the permanent status of a child not later than 12 months after
264.36 	the child is placed in foster care or in the care of a
265.1 	noncustodial parent.
265.2 	For purposes of this subdivision, the date of the child's
265.3 	placement in foster care is the earlier of the first
265.4 	court-ordered placement or 60 days after the date on which the
265.5 	child has been voluntarily placed in foster care by the child's
265.6 	parent or guardian.  For purposes of this subdivision, time
265.7 	spent by a child under the protective supervision of the
265.8 	responsible social services agency in the home of a noncustodial
265.9 	parent pursuant to an order under subdivision 1 counts towards
265.10 	the requirement of a permanency hearing under this subdivision
265.11 	or subdivision 11a.
265.12 	For purposes of this subdivision, 12 months is calculated
265.13 	as follows:
265.14 	(1) during the pendency of a petition alleging that a child
265.15 	is in need of protection or services, all time periods when a
265.16 	child is placed in foster care or in the home of a noncustodial
265.17 	parent are cumulated;
265.18 	(2) if a child has been placed in foster care within the
265.19 	previous five years under one or more previous petitions, the
265.20 	lengths of all prior time periods when the child was placed in
265.21 	foster care within the previous five years are cumulated.  If a
265.22 	child under this clause has been in foster care for 12 months or
265.23 	more, the court, if it is in the best interests of the child and
265.24 	for compelling reasons, may extend the total time the child may
265.25 	continue out of the home under the current petition up to an
265.26 	additional six months before making a permanency determination.
265.27 	(b) Unless the responsible social services agency
265.28 	recommends return of the child to the custodial parent or
265.29 	parents, not later than 30 days prior to this hearing, the
265.30 	responsible social services agency shall file pleadings in
265.31 	juvenile court to establish the basis for the juvenile court to
265.32 	order permanent placement of the child according to paragraph
265.33 	(d).  Notice of the hearing and copies of the pleadings must be
265.34 	provided pursuant to section 260C.152.  If a termination of
265.35 	parental rights petition is filed before the date required for
265.36 	the permanency planning determination and there is a trial under
266.1 	section 260C.163 scheduled on that petition within 90 days of
266.2 	the filing of the petition, no hearing need be conducted under
266.3 	this subdivision.
266.4 	(c) At the conclusion of the hearing, the court shall order
266.5 	the child returned to the care of the parent or guardian from
266.6 	whom the child was removed or order a permanent placement in the
266.7 	child's best interests.  The "best interests of the child" means
266.8 	all relevant factors to be considered and evaluated.  Transfer
266.9 	of permanent legal and physical custody, termination of parental
266.10 	rights, or guardianship and legal custody to the commissioner
266.11 	through a consent to adopt are preferred permanency options for
266.12 	a child who cannot return home.
266.13 	(d) If the child is not returned to the home, the court
266.14 	must order one of the following dispositions:
266.15 	(1) permanent legal and physical custody to a relative in
266.16 	the best interests of the child according to the following
266.17 	conditions:
266.18 	(i) an order for transfer of permanent legal and physical
266.19 	custody to a relative shall only be made after the court has
266.20 	reviewed the suitability of the prospective legal and physical
266.21 	custodian;
266.22 	(ii) in transferring permanent legal and physical custody
266.23 	to a relative, the juvenile court shall follow the standards
266.24 	applicable under this chapter and chapter 260, and the
266.25 	procedures set out in the juvenile court rules;
266.26 	(iii) an order establishing permanent legal and physical
266.27 	custody under this subdivision must be filed with the family
266.28 	court;
266.29 	(iv) a transfer of legal and physical custody includes
266.30 	responsibility for the protection, education, care, and control
266.31 	of the child and decision making on behalf of the child;
266.32 	(v) the social services agency may bring a petition or
266.33 	motion naming a fit and willing relative as a proposed permanent
266.34 	legal and physical custodian.  The commissioner of human
266.35 	services shall annually prepare for counties information that
266.36 	must be given to proposed custodians about their legal rights
267.1 	and obligations as custodians together with information on
267.2 	financial and medical benefits for which the child is eligible;
267.3 	and
267.4 	(vi) the juvenile court may maintain jurisdiction over the
267.5 	responsible social services agency, the parents or guardian of
267.6 	the child, the child, and the permanent legal and physical
267.7 	custodian for purposes of ensuring appropriate services are
267.8 	delivered to the child and permanent legal custodian or for the
267.9 	purpose of ensuring conditions ordered by the court related to
267.10 	the care and custody of the child are met;
267.11 	(2) termination of parental rights according to the
267.12 	following conditions:
267.13 	(i) unless the social services agency has already filed a
267.14 	petition for termination of parental rights under section
267.15 	260C.307, the court may order such a petition filed and all the
267.16 	requirements of sections 260C.301 to 260C.328 remain applicable;
267.17 	and
267.18 	(ii) an adoption completed subsequent to a determination
267.19 	under this subdivision may include an agreement for
267.20 	communication or contact under section 259.58;
267.21 	(3) long-term foster care according to the following
267.22 	conditions:
267.23 	(i) the court may order a child into long-term foster care
267.24 	only if it finds compelling reasons that neither an award of
267.25 	permanent legal and physical custody to a relative, nor
267.26 	termination of parental rights is in the child's best interests;
267.27 	and
267.28 	(ii) further, the court may only order long-term foster
267.29 	care for the child under this section if it finds the following:
267.30 	(A) the child has reached age 12 and reasonable efforts by
267.31 	the responsible social services agency have failed to locate an
267.32 	adoptive family for the child; or
267.33 	(B) the child is a sibling of a child described in subitem
267.34 	(A) and the siblings have a significant positive relationship
267.35 	and are ordered into the same long-term foster care home;
267.36 	(4) foster care for a specified period of time according to
268.1 	the following conditions:
268.2 	(i) foster care for a specified period of time may be
268.3 	ordered only if:
268.4 	(A) the sole basis for an adjudication that the child is in
268.5 	need of protection or services is the child's behavior;
268.6 	(B) the court finds that foster care for a specified period
268.7 	of time is in the best interests of the child; and
268.8 	(C) the court finds compelling reasons that neither an
268.9 	award of permanent legal and physical custody to a relative, nor
268.10 	termination of parental rights is in the child's best interests;
268.11 	(ii) the order does not specify that the child continue in
268.12 	foster care for any period exceeding one year; or
268.13 	(5) guardianship and legal custody to the commissioner of
268.14 	human services under the following procedures and conditions:
268.15 	(i) there is an identified prospective adoptive home that
268.16 	has agreed to adopt the child and agreed to by the responsible
268.17 	social services agency having legal custody of the child
268.18 	pursuant to court order under this section and the court accepts
268.19 	the parent's voluntary consent to adopt under section 259.24;
268.20 	(ii) if the court accepts a consent to adopt in lieu of
268.21 	ordering one of the other enumerated permanency dispositions,
268.22 	the court must review the matter at least every 90 days.  The
268.23 	review will address the reasonable efforts of the agency to
268.24 	achieve a finalized adoption;
268.25 	(iii) a consent to adopt under this clause vests all legal
268.26 	authority regarding the child, including guardianship and legal
268.27 	custody of the child, with the commissioner of human services as
268.28 	if the child were a state ward after termination of parental
268.29 	rights;
268.30 	(iv) the court must forward a copy of the consent to adopt,
268.31 	together with a certified copy of the order transferring
268.32 	guardianship and legal custody to the commissioner, to the
268.33 	commissioner; and 
268.34 	(v) if an adoption is not finalized by the identified
268.35 	prospective adoptive parent within 12 months of the execution of
268.36 	the consent to adopt under this clause, the commissioner of
269.1 	human services or the commissioner's delegate shall pursue
269.2 	adoptive placement in another home unless the commissioner
269.3 	certifies that the failure to finalize is not due to either an
269.4 	action or a failure to act by the prospective adoptive parent;
269.5 	and 
269.6 	(vi) notwithstanding item (v), the commissioner of human
269.7 	services or the commissioner's designee must pursue adoptive
269.8 	placement in another home as soon as the commissioner or
269.9 	commissioner's designee determines that finalization of the
269.10 	adoption with the identified prospective adoptive parent is not
269.11 	possible, that the identified prospective adoptive parent is not
269.12 	willing to adopt the child, that the identified prospective
269.13 	adoptive parent is not cooperative in completing the steps
269.14 	necessary to finalize the adoption, or upon the commissioner's
269.15 	determination to withhold consent to the adoption.
269.16 	(e) In ordering a permanent placement of a child, the court
269.17 	must be governed by the best interests of the child, including a
269.18 	review of the relationship between the child and relatives and
269.19 	the child and other important persons with whom the child has
269.20 	resided or had significant contact.
269.21 	(f) Once a permanent placement determination has been made
269.22 	and permanent placement has been established, further court
269.23 	reviews are necessary if:
269.24 	(1) the placement is long-term foster care or foster care
269.25 	for a specified period of time;
269.26 	(2) the court orders further hearings because it has
269.27 	retained jurisdiction of a transfer of permanent legal and
269.28 	physical custody matter;
269.29 	(3) an adoption has not yet been finalized; or
269.30 	(4) there is a disruption of the permanent or long-term
269.31 	placement.
269.32 	(g) Court reviews of an order for long-term foster care,
269.33 	whether under this section or section 260C.317, subdivision 3,
269.34 	paragraph (d), or foster care for a specified period of time
269.35 	must be conducted at least yearly and must review the child's
269.36 	out-of-home placement plan and the reasonable efforts of the
270.1 	agency to:
270.2 	(1) identify a specific long-term foster home for the child
270.3 	or a specific foster home for the time the child is specified to
270.4 	be out of the care of the parent, if one has not already been
270.5 	identified;
270.6 	(2) support continued placement of the child in the
270.7 	identified home, if one has been identified;
270.8 	(3) ensure appropriate services are provided to the child
270.9 	during the period of long-term foster care or foster care for a
270.10 	specified period of time;
270.11 	(4) plan for the child's independence upon the child's
270.12 	leaving long-term foster care living as required under section
270.13 	260C.212, subdivision 1; and
270.14 	(5) where placement is for a specified period of time, a
270.15 	plan for the safe return of the child to the care of the parent.
270.16 	(h) An order under this subdivision must include the
270.17 	following detailed findings:
270.18 	(1) how the child's best interests are served by the order;
270.19 	(2) the nature and extent of the responsible social service
270.20 	agency's reasonable efforts, or, in the case of an Indian child,
270.21 	active efforts to reunify the child with the parent or parents;
270.22 	(3) the parent's or parents' efforts and ability to use
270.23 	services to correct the conditions which led to the out-of-home
270.24 	placement; and
270.25 	(4) whether the conditions which led to the out-of-home
270.26 	placement have been corrected so that the child can return home.
270.27 	(i) An order for permanent legal and physical custody of a
270.28 	child may be modified under sections 518.18 and 518.185.  The
270.29 	social services agency is a party to the proceeding and must
270.30 	receive notice.  A parent may only seek modification of an order
270.31 	for long-term foster care upon motion and a showing by the
270.32 	parent of a substantial change in the parent's circumstances
270.33 	such that the parent could provide appropriate care for the
270.34 	child and that removal of the child from the child's permanent
270.35 	placement and the return to the parent's care would be in the
270.36 	best interest of the child.
271.1 	(j) The court shall issue an order required under this
271.2 	section within 15 days of the close of the proceedings.  The
271.3 	court may extend issuing the order an additional 15 days when
271.4 	necessary in the interests of justice and the best interests of
271.5 	the child.

271.6 	Sec. 6. [260C.209] BACKGROUND CHECKS.
271.7 		Subdivision 1.Subjects. The responsible social services
271.8 	agency must conduct a background check under this section of the
271.9 	following:
271.10 	(1) a noncustodial parent or nonadjudicated parent who is
271.11 	being assessed for purposes of providing day-to-day care of a
271.12 	child temporarily or permanently under section 260C.212,
271.13 	subdivision 4, and any member of the parent's household who is
271.14 	over the age of 13 when there is a reasonable cause to believe
271.15 	that the parent or household member over age 13 has a criminal
271.16 	history or a history of maltreatment of a child or vulnerable
271.17 	adult which would endanger the child's health, safety, or
271.18 	welfare;
271.19 	(2) an individual whose suitability for relative placement
271.20 	under section 260C.212, subdivision 5, is being determined, and
271.21 	any member of the relative's household who is over the age of 13
271.22 	when:  (i) the relative must be licensed for foster care; or (ii)
271.23 	the agency must conduct a background study under section 259.53,
271.24 	subdivision 2; or (iii) the agency has reasonable cause to
271.25 	believe the relative or household member over the age of 13 has
271.26 	a criminal history which would not make transfer of permanent
271.27 	legal and physical custody to the relative under section
271.28 	260C.201, subdivision 11, in the child's best interest; and 
271.29 	(3) a parent, following an out-of-home placement, when the
271.30 	responsible social service agency has reasonable cause to
271.31 	believe that the parent has been convicted of a crime directly
271.32 	related to the parent's capacity to maintain the child's health,
271.33 	safety, or welfare; or the parent is the subject of an open
271.34 	investigation of, or has been the subject of a substantiated
271.35 	allegation of, child or vulnerable-adult maltreatment within the
271.36 	past ten years.
272.1 	"Reasonable cause" means that the agency has received
272.2 	information or a report from the subject or a third person that
272.3 	creates an articulable suspicion that the individual has a
272.4 	history that may pose a risk to the health, safety, or welfare
272.5 	of the child.  The information or report must be specific to the
272.6 	potential subject of the background check and shall not be based
272.7 	on the race, religion, ethnic background, age, class, or
272.8 	lifestyle of the potential subject.
272.9 		Subd. 2.General procedures. (a) When conducting a
272.10 	background check under subdivision 1, the agency may require the
272.11 	individual being assessed to provide sufficient information to
272.12 	ensure an accurate assessment under this section, including:
272.13 	(1) the individual's first, middle, and last name and all
272.14 	other names by which the individual has been known;
272.15 	(2) home address, zip code, city, county, and state of
272.16 	residence for the past ten years;
272.17 	(3) sex;
272.18 	(4) date of birth; and 
272.19 	(5) driver's license number or state identification number.
272.20 	(b) When notified by the responsible social services agency
272.21 	that it is conducting an assessment under this section, the
272.22 	Bureau of Criminal Apprehension, commissioners of health and
272.23 	human services, law enforcement, and county agencies must
272.24 	provide the responsible social services agency or county
272.25 	attorney with the following information on the individual being
272.26 	assessed:  criminal history data, reports about the maltreatment
272.27 	of adults substantiated under section 626.557, and reports of
272.28 	maltreatment of minors substantiated under section 626.556.
272.29 		Subd. 3.Multistate information. (a) For any assessment
272.30 	completed under this section, if the responsible social services
272.31 	agency has reasonable cause to believe that the individual is a
272.32 	multistate offender, the individual must provide the responsible
272.33 	social services agency or the county attorney with a set of
272.34 	classifiable fingerprints obtained from an authorized law
272.35 	enforcement agency.  The responsible social services agency or
272.36 	county attorney may obtain criminal history data from the
273.1 	National Criminal Records Repository by submitting the
273.2 	fingerprints to the Bureau of Criminal Apprehension.
273.3 	(b) For purposes of this subdivision, the responsible
273.4 	social services agency has reasonable cause when, but not
273.5 	limited to:
273.6 	(1) information from the Bureau of Criminal Apprehension
273.7 	indicates that the individual is a multistate offender;
273.8 	(2) information from the Bureau of Criminal Apprehension
273.9 	indicates that multistate offender status is undetermined;
273.10 	(3) the social services agency has received a report from
273.11 	the individual or a third party indicating that the individual
273.12 	has a criminal history in a jurisdiction other than Minnesota;
273.13 	or 
273.14 	(4) the individual is or has been a resident of a state
273.15 	other than Minnesota at any time during the prior ten years.
273.16 		Subd. 4.Notice upon receipt. The responsible social
273.17 	services agency must provide the subject of the background study
273.18 	with the results of the study under this section within 15
273.19 	business days of receipt or at least 15 days prior to the
273.20 	hearing at which the results will be presented, whichever comes
273.21 	first.  The subject may provide written information to the
273.22 	agency that the results are incorrect and may provide additional
273.23 	or clarifying information to the agency and to the court through
273.24 	a party to the proceeding.  This provision does not apply to any
273.25 	background study conducted under chapters 245A and 245C.

273.26 	Sec. 7. Minnesota Statutes 2004, section 260C.212,
273.27 	subdivision 4, is amended to read:
273.28 		Subd. 4.Responsible social service agency's duties for
273.29 	children in placement.  (a) When a child is in placement, the
273.30 	responsible social services agency shall make diligent efforts
273.31 	to identify, locate, and, where appropriate, offer services to
273.32 	both parents of the child.
273.33 	(1) If The responsible social services agency shall assess
273.34 	whether a noncustodial or nonadjudicated parent is willing and
273.35 	capable of providing for the day-to-day care of the child
273.36 	temporarily or permanently.  An assessment under this clause may
274.1 	include, but is not limited to, obtaining information under
274.2 	section 260C.209.  If after assessment, the responsible social
274.3 	services agency determines that a noncustodial or nonadjudicated
274.4 	parent is willing and capable of providing day-to-day care of
274.5 	the child, the responsible social services agency may seek
274.6 	authority from the custodial parent or the court to have that
274.7 	parent assume day-to-day care of the child.  If a parent is not
274.8 	an adjudicated parent, the responsible social services agency
274.9 	shall require the nonadjudicated parent to cooperate with
274.10 	paternity establishment procedures as part of the case plan.
274.11 	(2) If, after assessment, the responsible social services
274.12 	agency determines that the child cannot be in the day-to-day
274.13 	care of either parent,the agency shall:
274.14 	(i) prepare an out-of-home placement plan addressing the
274.15 	conditions that each parent must meet before the child can be in
274.16 	that parent's day-to-day care; and 
274.17 	(ii) provide a parent who is the subject of a background
274.18 	study under section 260C.209 15 days' notice that it intends to
274.19 	use the study to recommend against putting the child with that
274.20 	parent, as well as the notice provided in section 260C.209,
274.21 	subdivision 4, and the court shall afford the parent an
274.22 	opportunity to be heard concerning the study.
274.23 	The results of a background study of a noncustodial parent
274.24 	shall not be used by the agency to determine that the parent is
274.25 	incapable of providing day-to-day care of the child unless the
274.26 	agency reasonably believes that placement of the child into the
274.27 	home of that parent would endanger the child's health, safety,
274.28 	or welfare.
274.29 	(3) If, after the provision of services following an
274.30 	out-of-home placement plan under this section, the child cannot
274.31 	return to the care of the parent from whom the child was removed
274.32 	or who had legal custody at the time the child was placed in
274.33 	foster care, the agency may petition on behalf of a noncustodial
274.34 	parent to establish legal custody with that parent under section
274.35 	260C.201, subdivision 11.  If paternity has not already been
274.36 	established, it may be established in the same proceeding in the
275.1 	manner provided for under chapter 257.
275.2 	(4) The responsible social services agency may be relieved
275.3 	of the requirement to locate and offer services to both parents
275.4 	by the juvenile court upon a finding of good cause after the
275.5 	filing of a petition under section 260C.141.
275.6 	(b) The responsible social services agency shall give
275.7 	notice to the parent or parents or guardian of each child in a
275.8 	residential facility, other than a child in placement due solely
275.9 	to that child's developmental disability or emotional
275.10 	disturbance, of the following information:
275.11 	(1) that residential care of the child may result in
275.12 	termination of parental rights or an order permanently placing
275.13 	the child out of the custody of the parent, but only after
275.14 	notice and a hearing as required under chapter 260C and the
275.15 	juvenile court rules;
275.16 	(2) time limits on the length of placement and of
275.17 	reunification services, including the date on which the child is
275.18 	expected to be returned to and safely maintained in the home of
275.19 	the parent or parents or placed for adoption or otherwise
275.20 	permanently removed from the care of the parent by court order;
275.21 	(3) the nature of the services available to the parent;
275.22 	(4) the consequences to the parent and the child if the
275.23 	parent fails or is unable to use services to correct the
275.24 	circumstances that led to the child's placement;
275.25 	(5) the first consideration for placement with relatives;
275.26 	(6) the benefit to the child in getting the child out of
275.27 	residential care as soon as possible, preferably by returning
275.28 	the child home, but if that is not possible, through a permanent
275.29 	legal placement of the child away from the parent;
275.30 	(7) when safe for the child, the benefits to the child and
275.31 	the parent of maintaining visitation with the child as soon as
275.32 	possible in the course of the case and, in any event, according
275.33 	to the visitation plan under this section; and
275.34 	(8) the financial responsibilities and obligations, if any,
275.35 	of the parent or parents for the support of the child during the
275.36 	period the child is in the residential facility.
276.1 	(c) The responsible social services agency shall inform a
276.2 	parent considering voluntary placement of a child who is not
276.3 	developmentally disabled or emotionally disturbed of the
276.4 	following information:
276.5 	(1) the parent and the child each has a right to separate
276.6 	legal counsel before signing a voluntary placement agreement,
276.7 	but not to counsel appointed at public expense;
276.8 	(2) the parent is not required to agree to the voluntary
276.9 	placement, and a parent who enters a voluntary placement
276.10 	agreement may at any time request that the agency return the
276.11 	child.  If the parent so requests, the child must be returned
276.12 	within 24 hours of the receipt of the request;
276.13 	(3) evidence gathered during the time the child is
276.14 	voluntarily placed may be used at a later time as the basis for
276.15 	a petition alleging that the child is in need of protection or
276.16 	services or as the basis for a petition seeking termination of
276.17 	parental rights or other permanent placement of the child away
276.18 	from the parent;
276.19 	(4) if the responsible social services agency files a
276.20 	petition alleging that the child is in need of protection or
276.21 	services or a petition seeking the termination of parental
276.22 	rights or other permanent placement of the child away from the
276.23 	parent, the parent would have the right to appointment of
276.24 	separate legal counsel and the child would have a right to the
276.25 	appointment of counsel and a guardian ad litem as provided by
276.26 	law, and that counsel will be appointed at public expense if
276.27 	they are unable to afford counsel; and
276.28 	(5) the timelines and procedures for review of voluntary
276.29 	placements under subdivision 3, and the effect the time spent in
276.30 	voluntary placement on the scheduling of a permanent placement
276.31 	determination hearing under section 260C.201, subdivision 11.
276.32 	(d) When an agency accepts a child for placement, the
276.33 	agency shall determine whether the child has had a physical
276.34 	examination by or under the direction of a licensed physician
276.35 	within the 12 months immediately preceding the date when the
276.36 	child came into the agency's care.  If there is documentation
277.1 	that the child has had an examination within the last 12 months,
277.2 	the agency is responsible for seeing that the child has another
277.3 	physical examination within one year of the documented
277.4 	examination and annually in subsequent years.  If the agency
277.5 	determines that the child has not had a physical examination
277.6 	within the 12 months immediately preceding placement, the agency
277.7 	shall ensure that the child has an examination within 30 days of
277.8 	coming into the agency's care and once a year in subsequent
277.9 	years.

277.10 	ARTICLE 16
277.11 	CRIMINAL SENTENCING POLICY

277.12 	Section 1. Minnesota Statutes 2004, section 244.09,
277.13 	subdivision 5, is amended to read:
277.14 		Subd. 5.Promulgation of sentencing guidelines.  The
277.15 	commission shall promulgate Sentencing Guidelines for the
277.16 	district court.  The guidelines shall be based on reasonable
277.17 	offense and offender characteristics.  The guidelines
277.18 	promulgated by the commission shall be advisory to the district
277.19 	court and shall establish:
277.20 	(1) The circumstances under which imprisonment of an
277.21 	offender is proper; and
277.22 	(2) A presumptive, fixed sentence sentencing range for
277.23 	offenders for whom imprisonment is proper, based on each
277.24 	appropriate combination of reasonable offense and offender
277.25 	characteristics. The guidelines may provide for an increase or
277.26 	decrease of up to 15 percent in the presumptive, fixed sentence.
277.27 	The Sentencing Guidelines promulgated by the commission may
277.28 	also establish appropriate sanctions for offenders for whom
277.29 	imprisonment is not proper.  Any guidelines promulgated by the
277.30 	commission establishing sanctions for offenders for whom
277.31 	imprisonment is not proper shall make specific reference to
277.32 	noninstitutional sanctions, including but not limited to the
277.33 	following:  payment of fines, day fines, restitution, community
277.34 	work orders, work release programs in local facilities,
277.35 	community based residential and nonresidential programs,
277.36 	incarceration in a local correctional facility, and probation
278.1 	and the conditions thereof.
278.2 	Although the Sentencing Guidelines are advisory to the
278.3 	district court, the court shall follow the procedures of the
278.4 	guidelines when it pronounces sentence in a proceeding to which
278.5 	the guidelines apply by operation of statute.  Sentencing
278.6 	pursuant to the Sentencing Guidelines is not a right that
278.7 	accrues to a person convicted of a felony; it is a procedure
278.8 	based on state public policy to maintain uniformity,
278.9 	proportionality, rationality, and predictability in sentencing.
278.10 	In establishing and modifying the Sentencing Guidelines,
278.11 	the primary consideration of the commission shall be public
278.12 	safety.  The commission shall also consider current sentencing
278.13 	and release practices; correctional resources, including but not
278.14 	limited to the capacities of local and state correctional
278.15 	facilities; and the long-term negative impact of the crime on
278.16 	the community.
278.17 	The provisions of sections 14.001 to 14.69 do not apply to
278.18 	the promulgation of the Sentencing Guidelines, and the
278.19 	Sentencing Guidelines, including severity levels and criminal
278.20 	history scores, are not subject to review by the legislative
278.21 	commission to review administrative rules.  However, the
278.22 	commission shall adopt rules pursuant to sections 14.001 to
278.23 	14.69 which establish procedures for the promulgation of the
278.24 	Sentencing Guidelines, including procedures for the promulgation
278.25 	of severity levels and criminal history scores, and these rules
278.26 	shall be subject to review by the legislative coordinating
278.27 	commission.
278.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
278.29 	and applies to crimes committed on or after that date.

278.30 	Sec. 2. Minnesota Statutes 2004, section 244.10,
278.31 	subdivision 2, is amended to read:
278.32 		Subd. 2.Deviation from guidelines; imposition of
278.33 	sentence.  Whether or not a sentencing hearing is requested
278.34 	pursuant to subdivision 1, the district court shall make written
278.35 	findings of fact as to the reasons for departure from the
278.36 	Sentencing Guidelines in each case in which the court imposes or
279.1 	stays a sentence that deviates from the Sentencing Guidelines
279.2 	applicable to the case. Unless otherwise allowed by law, the
279.3 	court shall not impose a sentence duration in excess of that
279.4 	provided by the Sentencing Guidelines presumptive sentencing
279.5 	range for the offense unless the finder of fact has found that a
279.6 	severe aggravating factor exists.  If the existence of a severe
279.7 	aggravating factor has been proven, the court shall impose a
279.8 	sentence in excess of the presumptive range provided by the
279.9 	Sentencing Guidelines.
279.10 	
EFFECTIVE DATE. This section is effective August 1, 2005,
279.11 	and applies to crimes committed on or after that date.

279.12 	Sec. 3. Minnesota Statutes 2004, section 244.10, is
279.13 	amended by adding a subdivision to read:
279.14 		Subd. 4.Aggravated departures. In bringing a motion for
279.15 	an aggravated sentence, the state is not limited to factors
279.16 	specified in the Sentencing Guidelines provided the state
279.17 	provides reasonable notice to the defendant and the district
279.18 	court prior to sentencing of the factors on which the state
279.19 	intends to rely.
279.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
279.21 	and applies to crimes committed on or after that date.

279.22 	Sec. 4. Minnesota Statutes 2004, section 244.10, is
279.23 	amended by adding a subdivision to read:
279.24 		Subd. 5.Procedures in cases where state intends to seek
279.25 	an aggravated durational departure. (a) When the prosecutor
279.26 	provides reasonable notice under subdivision 4, the district
279.27 	court shall allow the state to prove beyond a reasonable doubt
279.28 	to a jury of 12 members the factors in support of the state's
279.29 	request for an aggravated departure from the Sentencing
279.30 	Guidelines as provided in paragraph (b) or (c).
279.31 	(b) The district court shall allow a unitary trial and
279.32 	final argument to a jury regarding both evidence in support of
279.33 	the elements of the offense and evidence in support of
279.34 	aggravating factors when the evidence in support of the
279.35 	aggravating factors:
279.36 	(1) would be admissible as part of the trial on the
280.1 	elements of the offense; or 
280.2 	(2) would not result in unfair prejudice to the defendant.
280.3 	The existence of each aggravating factor shall be
280.4 	determined by use of a special verdict form.
280.5 	Upon the request of the prosecutor, the court shall allow
280.6 	bifurcated argument and jury deliberations.
280.7 	(c) The district court shall bifurcate the proceedings to
280.8 	allow for the production of evidence, argument, and
280.9 	deliberations on the existence of factors in support of an
280.10 	aggravated departure after the return of a guilty verdict when
280.11 	the evidence in support of an aggravated departure:
280.12 	(1) includes evidence that is otherwise inadmissible at a
280.13 	trial on the elements of the offense; and 
280.14 	(2) would result in unfair prejudice to the defendant.
280.15 	
EFFECTIVE DATE. This section is effective August 1, 2005,
280.16 	and applies to crimes committed on or after that date.

280.17 	Sec. 5. Minnesota Statutes 2004, section 244.10, is
280.18 	amended by adding a subdivision to read:
280.19 		Subd. 6.Defendants to present evidence and argument. In
280.20 	either a unitary or bifurcated trial under subdivision 5, a
280.21 	defendant shall be allowed to present evidence and argument to
280.22 	the jury or fact finder regarding whether facts exist that would
280.23 	justify an aggravated departure.  A defendant is not allowed to
280.24 	present evidence or argument to the jury or fact finder
280.25 	regarding facts in support of a mitigated departure during the
280.26 	trial, but may present evidence and argument in support of a
280.27 	mitigated departure to the judge as fact finder during a
280.28 	sentencing hearing.
280.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
280.30 	and applies to crimes committed on or after that date.

280.31 	Sec. 6. Minnesota Statutes 2004, section 244.10, is
280.32 	amended by adding a subdivision to read:
280.33 		Subd. 7.Waiver of jury determination. The defendant may
280.34 	waive the right to a jury determination of whether facts exist
280.35 	that would justify an aggravated sentence.  Upon receipt of a
280.36 	waiver of a jury trial on this issue, the district court shall
281.1 	determine beyond a reasonable doubt whether the factors in
281.2 	support of the state's motion for aggravated departure exist.
281.3 	
EFFECTIVE DATE. This section is effective August 1, 2005,
281.4 	and applies to crimes committed on or after that date.

281.5 	Sec. 7. Minnesota Statutes 2004, section 244.10, is
281.6 	amended by adding a subdivision to read:
281.7 		Subd. 8.Notice of information regarding predatory
281.8 	offenders. (a) Subject to paragraph (b), in any case in which a
281.9 	person is convicted of an offense and the presumptive sentence
281.10 	under the Sentencing Guidelines is commitment to the custody of
281.11 	the commissioner of corrections, if the court grants a
281.12 	dispositional departure and stays imposition or execution of
281.13 	sentence, the probation or court services officer who is
281.14 	assigned to supervise the offender shall provide in writing to
281.15 	the following the fact that the offender is on probation and the
281.16 	terms and conditions of probation:
281.17 	(1) a victim of and any witnesses to the offense committed
281.18 	by the offender, if the victim or the witness has requested
281.19 	notice; and 
281.20 	(2) the chief law enforcement officer in the area where the
281.21 	offender resides or intends to reside.
281.22 	The law enforcement officer, in consultation with the
281.23 	offender's probation officer, may provide all or part of this
281.24 	information to any of the following agencies or groups the
281.25 	offender is likely to encounter:  public and private educational
281.26 	institutions, day care establishments, and establishments or
281.27 	organizations that primarily serve individuals likely to be
281.28 	victimized by the offender.
281.29 	The probation officer is not required under this
281.30 	subdivision to provide any notice while the offender is placed
281.31 	or resides in a residential facility that is licensed under
281.32 	section 241.021 or 245A.02, subdivision 14, if the facility
281.33 	staff is trained in the supervision of sex offenders.
281.34 	(b) Paragraph (a) applies only to offenders required to
281.35 	register under section 243.166, as a result of the conviction.
281.36 	(c) The notice authorized by paragraph (a) shall be limited
282.1 	to data classified as public under section 13.84, subdivision 6,
282.2 	unless the offender provides informed consent to authorize the
282.3 	release of nonpublic data or unless a court order authorizes the
282.4 	release of nonpublic data.
282.5 	(d) Nothing in this subdivision shall be interpreted to
282.6 	impose a duty on any person to use any information regarding an
282.7 	offender about whom notification is made under this subdivision.
282.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
282.9 	and applies to crimes committed on or after that date.

282.10 	Sec. 8. Minnesota Statutes 2004, section 244.10, is
282.11 	amended by adding a subdivision to read:
282.12 		Subd. 9.Computation of criminal history score. If the
282.13 	defendant contests the existence of or factual basis for a prior
282.14 	conviction in the calculation of the defendant's criminal
282.15 	history score, proof of it is established by competent and
282.16 	reliable evidence, including a certified court record of the
282.17 	conviction.
282.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
282.19 	and applies to crimes committed on or after that date.

282.20 	Sec. 9. Minnesota Statutes 2004, section 609.108,
282.21 	subdivision 1, is amended to read:
282.22 		Subdivision 1.Mandatory increased sentence.  (a) A court
282.23 	shall commit a person to the commissioner of corrections for a
282.24 	period of time that is not less than double the presumptive
282.25 	sentence the high end of the presumptive range under the
282.26 	Sentencing Guidelines and not more than the statutory maximum,
282.27 	or if the statutory maximum is less than double the presumptive
282.28 	sentence, for a period of time that is equal to the statutory
282.29 	maximum, if:
282.30 	(1) the court is imposing an executed sentence, based on a
282.31 	Sentencing Guidelines presumptive imprisonment sentence or a
282.32 	dispositional departure for aggravating circumstances or a
282.33 	mandatory minimum sentence, on a person convicted of committing
282.34 	or attempting to commit a violation of section 609.342, 609.343,
282.35 	609.344, or 609.345, or on a person convicted of committing or
282.36 	attempting to commit any other crime listed in subdivision 3 if
283.1 	it reasonably appears to the court that the crime was motivated
283.2 	by the offender's sexual impulses or was part of a predatory
283.3 	pattern of behavior that had criminal sexual conduct as its
283.4 	goal;.
283.5 	(2) the court finds that the offender is a danger to public
283.6 	safety; and 
283.7 	(3) the court finds that the offender needs long-term
283.8 	treatment or supervision beyond the presumptive term of
283.9 	imprisonment and supervised release.  The finding must be based
283.10 	on a professional assessment by an examiner experienced in
283.11 	evaluating sex offenders that concludes that the offender is a
283.12 	patterned sex offender.  The assessment must contain the facts
283.13 	upon which the conclusion is based, with reference to the
283.14 	offense history of the offender or the severity of the current
283.15 	offense, the social history of the offender, and the results of
283.16 	an examination of the offender's mental status unless the
283.17 	offender refuses to be examined.  The conclusion may not be
283.18 	based on testing alone.  A patterned sex offender is one whose
283.19 	criminal sexual behavior is so engrained that the risk of
283.20 	reoffending is great without intensive psychotherapeutic
283.21 	intervention or other long-term controls.
283.22 	(b) The court shall consider imposing a sentence under this
283.23 	section whenever a person is convicted of violating section
283.24 	609.342 or 609.343.
283.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
283.26 	and applies to crimes committed on or after that date.

283.27 	Sec. 10. Minnesota Statutes 2004, section 609.109,
283.28 	subdivision 4, is amended to read:
283.29 		Subd. 4.Mandatory 30-year sentence.  (a) The court shall
283.30 	commit a person to the commissioner of corrections for not less
283.31 	than 30 years, notwithstanding the statutory maximum sentence
283.32 	under section 609.343, if:
283.33 	(1) the person is convicted under section 609.342,
283.34 	subdivision 1, clause (c), (d), (e), or (f); or 609.343,
283.35 	subdivision 1, clause (c), (d), (e), or (f); and
283.36 	(2) the court determines on the record at the time of
284.1 	sentencing that:
284.2 	(i) the crime involved an aggravating factor that would
284.3 	provide grounds for an upward departure under the Sentencing
284.4 	Guidelines other than the aggravating factor applicable to
284.5 	repeat criminal sexual conduct convictions; and 
284.6 	(ii) the person has a previous sex offense conviction under
284.7 	section 609.342, 609.343, or 609.344.
284.8 	(b) Notwithstanding subdivision 2 and sections 609.342,
284.9 	subdivision 3; and 609.343, subdivision 3, the court may not
284.10 	stay imposition or execution of the sentence required by this
284.11 	subdivision.
284.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
284.13 	and applies to crimes committed on or after that date.

284.14 	Sec. 11. Minnesota Statutes 2004, section 609.109,
284.15 	subdivision 6, is amended to read:
284.16 		Subd. 6.Minimum departure for sex offenders.  The court
284.17 	shall sentence a person to at least twice the high end of the
284.18 	presumptive sentence sentencing range recommended by the
284.19 	Sentencing Guidelines if:
284.20 	(1) the person is convicted under section 609.342,
284.21 	subdivision 1, clause (c), (d), (e), or (f); 609.343,
284.22 	subdivision 1, clause (c), (d), (e), or (f); or 609.344,
284.23 	subdivision 1, clause (c) or (d); and
284.24 	(2) the court fact finder determines on the record at the
284.25 	time of sentencing that the crime involved an aggravating factor
284.26 	that would provide grounds for an upward departure under the
284.27 	Sentencing Guidelines.
284.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
284.29 	and applies to crimes committed on or after that date.

284.30 	Sec. 12. Minnesota Statutes 2004, section 609.1095,
284.31 	subdivision 2, is amended to read:
284.32 		Subd. 2.Increased sentences for dangerous offender who
284.33 	commits a third violent crime.  Whenever a person is convicted
284.34 	of a violent crime that is a felony, and the judge is imposing
284.35 	an executed sentence based on a Sentencing Guidelines
284.36 	presumptive imprisonment sentence, the judge may impose an
285.1 	aggravated durational departure from the presumptive
285.2 	imprisonment sentence up to the statutory maximum sentence if
285.3 	the offender was at least 18 years old at the time the felony
285.4 	was committed, and:
285.5 	(1) the court determines on the record at the time of
285.6 	sentencing that the offender has two or more prior convictions
285.7 	for violent crimes; and .
285.8 	(2) the court finds that the offender is a danger to public
285.9 	safety and specifies on the record the basis for the finding,
285.10 	which may include:
285.11 	(i) the offender's past criminal behavior, such as the
285.12 	offender's high frequency rate of criminal activity or juvenile
285.13 	adjudications, or long involvement in criminal activity
285.14 	including juvenile adjudications; or 
285.15 	(ii) the fact that the present offense of conviction
285.16 	involved an aggravating factor that would justify a durational
285.17 	departure under the Sentencing Guidelines.
285.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
285.19 	and applies to crimes committed on or after that date.

285.20 	Sec. 13. Minnesota Statutes 2004, section 609.1095,
285.21 	subdivision 4, is amended to read:
285.22 		Subd. 4.Increased sentence for offender who commits a
285.23 	sixth felony.  Whenever a person is convicted of a felony, and
285.24 	the judge is imposing an executed sentence based on a Sentencing
285.25 	Guidelines presumptive imprisonment sentence, the judge may
285.26 	impose an aggravated durational departure from the presumptive
285.27 	sentence up to the statutory maximum sentence if the judge finds
285.28 	and specifies on the record that the offender has five or more
285.29 	prior felony convictions and that the present offense is a
285.30 	felony that was committed as part of a pattern of criminal
285.31 	conduct.
285.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
285.33 	and applies to crimes committed on or after that date.

285.34 	Sec. 14. INSTRUCTION TO SENTENCING GUIDELINES
285.35 	COMMISSION.
 285.36 		Subdivision 1.Former presumptive, fixed sentence
286.1 	maintained as reference point. (a) Except as provided in
286.2 	paragraph (b), the Minnesota Sentencing Guidelines Commission
286.3 	shall retain in each cell of the Sentencing Guidelines grid, as
286.4 	a reference point only, the presumptive, fixed sentence in place
286.5 	at the time of enactment of this legislation.
286.6 	(b) The commission shall make changes to the presumptive
286.7 	sentences for offenses consistent with 2005 legislation and/or
286.8 	timely modifications proposed by the commission, provided the
286.9 	legislature has not acted to prevent those modifications from
286.10 	going forward.
286.11 		Subd. 2.Presumptive sentencing range. In each cell of
286.12 	the Sentencing Guidelines grid, the guidelines shall include a
286.13 	presumptive sentencing range.  This range shall extend from 15
286.14 	percent below the presumptive, fixed sentence in place at the
286.15 	time of the enactment of this legislation, to 100 percent above
286.16 	the presumptive, fixed sentence in place at the time of the
286.17 	enactment of this legislation.
286.18 		Subd. 3.Additional modifications to sentencing
286.19 	guidelines. The Minnesota Sentencing Guidelines Commission
286.20 	shall amend the Sentencing Guidelines and comments to provide
286.21 	that a court may depart upward from the presumptive sentencing
286.22 	range when severe aggravating circumstances justify a departure.
286.23 	
EFFECTIVE DATE. This section is effective August 1, 2005,
286.24 	and applies to crimes committed on or after that date.

286.25 	Sec. 15. REVISOR INSTRUCTION.
 286.26 		Subdivision 1.Headnote change. The revisor of statutes
286.27 	shall change the headnote of Minnesota Statutes, section
286.28 	609.108, to read "MANDATORY INCREASED SENTENCES FOR CERTAIN
286.29 	PREDATORY SEX OFFENDERS; NO PRIOR CONVICTION REQUIRED." 
286.30 		Subd. 2.Repealer; reference to renumbering. The revisor
286.31 	of statutes is instructed to include a reference next to the
286.32 	repealer of Minnesota Statutes, section 244.10, subdivisions 2a
286.33 	and 3, to inform the reader that the subdivisions have been
286.34 	renumbered and to include the new subdivision numbers.
286.35 	
EFFECTIVE DATE. This section is effective August 1, 2005.

286.36 	Sec. 16. REPEALER.
 287.1 	Minnesota Statutes 2004, sections 244.10, subdivisions 2a
287.2 	and 3; and 609.108, subdivisions 4 and 5, are repealed.

287.3 	EFFECTIVE DATE. This section is effective August 1, 2005.

287.4 	ARTICLE 17
287.5 	GENERAL CRIMINAL PROVISIONS

287.6 	Section 1. Minnesota Statutes 2004, section 152.02,
287.7 	subdivision 4, is amended to read:
287.8 		Subd. 4.Schedule iii.  The following items are listed in
287.9 	Schedule III:
287.10 	(1) Any material, compound, mixture, or preparation which
287.11 	contains any quantity of Amphetamine, its salts, optical
287.12 	isomers, and salts of its optical isomers; Phenmetrazine and its
287.13 	salts; Methamphetamine, its salts, isomers, and salts of
287.14 	isomers; Methylphenidate; and which is required by federal law
287.15 	to be labeled with the symbol prescribed by 21 Code of Federal
287.16 	Regulations Section 1302.03 and in effect on February 1, 1976
287.17 	designating that the drug is listed as a Schedule III controlled
287.18 	substance under federal law.
287.19 	(2) Any material, compound, mixture, or preparation which
287.20 	contains any quantity of the following substances having a
287.21 	potential for abuse associated with a depressant effect on the
287.22 	central nervous system:
287.23 	(a) Any compound, mixture, or preparation containing
287.24 	amobarbital, secobarbital, pentobarbital or any salt thereof and
287.25 	one or more other active medicinal ingredients which are not
287.26 	listed in any schedule.
287.27 	(b) Any suppository dosage form containing amobarbital,
287.28 	secobarbital, pentobarbital, or any salt of any of these drugs
287.29 	and approved by the food and drug administration for marketing
287.30 	only as a suppository.
287.31 	(c) Any substance which contains any quantity of a
287.32 	derivative of barbituric acid, or any salt of a derivative of
287.33 	barbituric acid, except those substances which are specifically
287.34 	listed in other schedules:  Chlorhexadol; Glutethimide; Lysergic
287.35 	acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane;
287.36 	Sulfonethylmethane; Sulfonmethane.
288.1 	(d) Gamma hydroxybutyrate, any salt, compound, derivative,
288.2 	or preparation of gamma hydroxybutyrate, including any isomers,
288.3 	esters, and ethers and salts of isomers, esters, and ethers of
288.4 	gamma hydroxybutyrate whenever the existence of such isomers,
288.5 	esters, and salts is possible within the specific chemical
288.6 	designation.
288.7 	(3) Any material, compound, mixture, or preparation which
288.8 	contains any quantity of the following substances having a
288.9 	potential for abuse associated with a stimulant effect on the
288.10 	central nervous system:
288.11 	(a) Benzphetamine
288.12 	(b) Chlorphentermine
288.13 	(c) Clortermine
288.14 	(d) Mazindol
288.15 	(e) Phendimetrazine.
288.16 	(4) Nalorphine.
288.17 	(5) Any material, compound, mixture, or preparation
288.18 	containing limited quantities of any of the following narcotic
288.19 	drugs, or any salts thereof:
288.20 	(a) Not more than 1.80 grams of codeine per 100
288.21 	milliliters or not more than 90 milligrams per dosage unit, with
288.22 	an equal or greater quantity of an isoquinoline alkaloid of
288.23 	opium.
288.24 	(b) Not more than 1.80 grams of codeine per 100
288.25 	milliliters or not more than 90 milligrams per dosage unit, with
288.26 	one or more active, nonnarcotic ingredients in recognized
288.27 	therapeutic amounts.
288.28 	(c) Not more than 300 milligrams of dihydrocodeinone per
288.29 	100 milliliters or not more than 15 milligrams per dosage unit,
288.30 	with a fourfold or greater quantity of an isoquinoline alkaloid
288.31 	of opium.
288.32 	(d) Not more than 300 milligrams of dihydrocodeinone per
288.33 	100 milliliters or not more than 15 milligrams per dosage unit,
288.34 	with one or more active, nonnarcotic ingredients in recognized
288.35 	therapeutic amounts.
288.36 	(e) Not more than 1.80 grams of dihydrocodeine per 100
289.1 	milliliters or not more than 90 milligrams per dosage unit, with
289.2 	one or more active, nonnarcotic ingredients in recognized
289.3 	therapeutic amounts.
289.4 	(f) Not more than 300 milligrams of ethylmorphine per 100
289.5 	milliliters or not more than 15 milligrams per dosage unit, with
289.6 	one or more active, nonnarcotic ingredients in recognized
289.7 	therapeutic amounts.
289.8 	(g) Not more than 500 milligrams of opium per 100
289.9 	milliliters or per 100 grams, or not more than 25 milligrams per
289.10 	dosage unit, with one or more active, nonnarcotic ingredients in
289.11 	recognized therapeutic amounts.
289.12 	(h) Not more than 50 milligrams of morphine per 100
289.13 	milliliters or per 100 grams with one or more active,
289.14 	nonnarcotic ingredients in recognized therapeutic amounts.
289.15 	(6) Anabolic steroids, which, for purposes of this
289.16 	subdivision, means any drug or hormonal substance, chemically
289.17 	and pharmacologically related to testosterone, other than
289.18 	estrogens, progestins, corticosteroids, and
289.19 	dehydroepiandrosterone, and includes:  androstanediol;
289.20 	androstanedione; androstenediol; androstenedione; bolasterone;
289.21 	boldenone; calusterone; chlorotestosterone; chorionic
289.22 	gonadotropin; clostebol; dehydrochloromethyltestosterone;
289.23 	(triangle)1-dihydrotestosterone; 4-dihydrotestosterone;
289.24 	drostanolone; ethylestrenol; fluoxymesterone; formebolone;
289.25 	furazabol; human growth hormones;
289.26 	13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone;
289.27 	4-hydroxy-19-nortestosterone; mestanolone; mesterolone;
289.28 	methandienone; methandranone; methandriol; methandrostenolone;
289.29 	methenolone; 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
289.30 	17a-methyl-3a, 17b-dihydroxy-5a-androstane; 17a-methyl-3b,
289.31 	17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone;
289.32 	methyldienolone; methyltrienolone; methyltestosterone;
289.33 	mibolerone; 17a-methyl-(triangle)1-dihydrotestosterone;
289.34 	nandrolone; nandrolone phenpropionate; norandrostenediol;
289.35 	norandrostenedione; norbolethone; norclostebol; norethandrolone;
289.36 	normethandrolone; oxandrolone; oxymesterone; oxymetholone;
290.1 	stanolone; stanozolol; stenbolone; testolactone; testosterone;
290.2 	testosterone propionate; tetrahydrogestrinone; trenbolone; and
290.3 	any salt, ester, or ether of a drug or substance described in
290.4 	this paragraph.  Anabolic steroids are not included if they
290.5 	are:  (i) expressly intended for administration through implants
290.6 	to cattle or other nonhuman species; and (ii) approved by the
290.7 	United States Food and Drug Administration for that use.
290.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
290.9 	and applies to crimes committed on or after that date.

290.10 	Sec. 2. Minnesota Statutes 2004, section 152.02,
290.11 	subdivision 5, is amended to read:
290.12 		Subd. 5.Schedule iv. (a) The following items are listed
290.13 	in Schedule IV: Anabolic substances;Barbital; Butorphanol;
290.14 	Carisoprodol; Chloral betaine; Chloral hydrate;
290.15 	Chlordiazepoxide; Clonazepam; Clorazepate; Diazepam;
290.16 	Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine;
290.17 	Flurazepam; Mebutamate; Methohexital; Meprobamate except when in
290.18 	combination with the following drugs in the following or lower
290.19 	concentrations:  conjugated estrogens, 0.4 mg; tridihexethyl
290.20 	chloride, 25mg; pentaerythritol tetranitrate, 20 mg;
290.21 	Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline;
290.22 	Petrichloral; Phenobarbital; and Phentermine.
290.23 	(b) For purposes of this subdivision, "anabolic substances"
290.24 	means the naturally occurring androgens or derivatives of
290.25 	androstane (androsterone and testosterone); testosterone and its
290.26 	esters, including, but not limited to, testosterone propionate,
290.27 	and its derivatives, including, but not limited to,
290.28 	methyltestosterone and growth hormones, except that anabolic
290.29 	substances are not included if they are:  (1) expressly intended
290.30 	for administration through implants to cattle or other nonhuman
290.31 	species; and (2) approved by the United States Food and Drug
290.32 	Administration for that use.
290.33 	
EFFECTIVE DATE. This section is effective August 1, 2005,
290.34 	and applies to crimes committed on or after that date.

290.35 	Sec. 3. [171.175] SUSPENSION; THEFT OF GASOLINE OFFENSE.
290.36 		Subdivision 1.Theft of gasoline. The commissioner of
291.1 	public safety shall suspend for 30 days the license of any
291.2 	person convicted or juvenile adjudicated delinquent for theft of
291.3 	gasoline under section 609.52, subdivision 2, clause (1).
291.4 		Subd. 2.Definition. For the purposes of this section,
291.5 	"gasoline" has the meaning given it in section 296A.01,
291.6 	subdivision 23.
291.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
291.8 	and applies to crimes committed on or after that date.

291.9 	Sec. 4. Minnesota Statutes 2004, section 343.31, is
291.10 	amended to read:
291.11 	343.31 ANIMAL FIGHTS PROHIBITED AND POSSESSION OF FIGHTING
291.12 	ANIMALS.
291.13 		Subdivision 1.Penalty for animal fighting; attending
291.14 	animal fight. Any A person who:
291.15 	(1) promotes or ,engages in, or is employed at in the
291.16 	activity of cockfighting, dogfighting, or violent pitting of one
291.17 	domestic animal against another of the same or a different kind;
291.18 	or 
291.19 	(2) receives money for the admission of any a person to any 
291.20 	a place used, or about to be used, for that activity; or 
291.21 	(3) willfully permits any a person to enter or use for that
291.22 	activity premises of which the permitter is the owner, agent, or
291.23 	occupant; or
291.24 	(4) uses, trains,or possesses a dog or other animal for
291.25 	the purpose of participating in, engaging in,or promoting that
291.26 	activity
291.27 	is guilty of a felony. Any A person who purchases a ticket of
291.28 	admission or otherwise gains admission to that activity is
291.29 	guilty of a misdemeanor.
291.30 		Subd. 2.Presumption of training a fighting dog. There
291.31 	is a rebuttable presumption that a dog has been trained or is
291.32 	being trained to fight if:
291.33 	(1) the dog exhibits fresh wounds, scarring, or other
291.34 	indications that the dog has been or will be used for fighting;
291.35 	and 
291.36 	(2) the person possesses training apparatus, paraphernalia,
292.1 	or drugs known to be used to prepare dogs to be fought.
292.2 	This presumption may be rebutted by a preponderance of the
292.3 	evidence.
292.4 		Subd. 3.Presumption of training fighting birds. There
292.5 	is a rebuttable presumption that a bird has been trained or is
292.6 	being trained to fight if:
292.7 	(1) the bird exhibits fresh wounds, scarring, or other
292.8 	indications that the bird has been or will be used for fighting;
292.9 	or 
292.10 	(2) the person possesses training apparatus, paraphernalia,
292.11 	or drugs known to be used to prepare birds to be fought.
292.12 	This presumption may be rebutted by a preponderance of the
292.13 	evidence.
292.14 		Subd. 4.Peace officer duties. Animals described in
292.15 	subdivisions 2 and 3 are dangerous weapons and constitute an
292.16 	immediate danger to the safety of humans.  A peace officer or
292.17 	animal control authority may remove, shelter, and care for an
292.18 	animal found in the circumstances described in subdivision 2 or
292.19 	3.  If necessary, a peace officer or animal control authority
292.20 	may deliver the animal to another person to be sheltered and
292.21 	cared for.  In all cases, the peace officer or animal control
292.22 	authority must immediately notify the owner, if known, as
292.23 	provided in subdivision 5.  The peace officer, animal control
292.24 	authority, or other person assuming care of the animal shall
292.25 	have a lien on it for the actual cost of care and keeping of the
292.26 	animal.  If the owner or custodian is unknown and cannot by
292.27 	reasonable effort be ascertained, or does not, within ten days
292.28 	after notice, redeem the animal by paying the expenses
292.29 	authorized by this subdivision, the animal may be disposed of as
292.30 	provided in subdivision 5.
292.31 		Subd. 5.Disposition. (a) An animal taken into custody
292.32 	under subdivision 4 may be humanely disposed of at the
292.33 	discretion of the jurisdiction having custody of the animal ten
292.34 	days after the animal is taken into custody, if the procedures
292.35 	in paragraph (c) are followed.
292.36 	(b) The owner of an animal taken into custody under
293.1 	subdivision 4 may prevent disposition of the animal by posting
293.2 	security in an amount sufficient to provide for the actual costs
293.3 	of care and keeping of the animal.  The security must be posted
293.4 	within ten days of the seizure inclusive of the date of the
293.5 	seizure.  If, however, a hearing is scheduled within ten days of
293.6 	the seizure, the security amount must be posted prior to the
293.7 	hearing.
293.8 	(c)(1) The authority taking custody of an animal under
293.9 	subdivision 4 must give notice of this section by delivering or
293.10 	mailing it to the owner of the animal, posting a copy of it at
293.11 	the place where the animal is taken into custody, or delivering
293.12 	it to a person residing on the property and telephoning, if
293.13 	possible.  The notice must include:
293.14 	(i) a description of the animal seized; the authority and
293.15 	purpose for the seizure; the time, place, and circumstances
293.16 	under which the animal was seized; and the location, address,
293.17 	and telephone number of a contact person who knows where the
293.18 	animal is kept;
293.19 	(ii) a statement that the owner of the animal may post
293.20 	security to prevent disposition of the animal and may request a
293.21 	hearing concerning the seizure and impoundment and that failure
293.22 	to do so within ten days of the date of the notice will result
293.23 	in disposition of the animal; and 
293.24 	(iii) a statement that all actual costs of the care,
293.25 	keeping, and disposal of the animal are the responsibility of
293.26 	the owner of the animal, except to the extent that a court or
293.27 	hearing officer finds that the seizure or impoundment was not
293.28 	substantially justified by law.  The notice must also include a
293.29 	form that can be used by a person claiming an interest in the
293.30 	animal for requesting a hearing.
293.31 	(2) The owner may request a hearing within ten days of the
293.32 	date of the seizure.  If requested, a hearing must be held
293.33 	within five business days of the request to determine the
293.34 	validity of the impoundment.  The municipality taking custody of
293.35 	the animal or the municipality from which the animal was seized
293.36 	may either (i) authorize a licensed veterinarian with no
294.1 	financial interest in the matter or professional association
294.2 	with either party, or (ii) use the services of a hearing officer
294.3 	to conduct the hearing.  An owner may appeal the hearing
294.4 	officer's decision to the district court within five days of the
294.5 	notice of the decision.
294.6 	(3) The judge or hearing officer may authorize the return
294.7 	of the animal if the judge or hearing officer finds that (i) the
294.8 	animal is physically fit; (ii) the person claiming an interest
294.9 	in the animal can and will provide the care required by law for
294.10 	the animal; and (iii) the animal has not been used for violent
294.11 	pitting or fighting.
294.12 	(4) The person claiming an interest in the animal is liable
294.13 	for all actual costs of care, keeping, and disposal of the
294.14 	animal, except to the extent that a court or hearing officer
294.15 	finds that the seizure or impoundment was not substantially
294.16 	justified by law.  The costs must be paid in full or a mutually
294.17 	satisfactory arrangement for payment must be made between the
294.18 	municipality and the person claiming an interest in the animal
294.19 	before the return of the animal to the person.
294.20 		Subd. 6.Photographs. (a) Photographs of animals seized
294.21 	during an investigation are competent evidence if the
294.22 	photographs are admissible into evidence under all the rules of
294.23 	law governing the admissibility of photographs into evidence.  A
294.24 	satisfactorily identified photographic record is as admissible
294.25 	in evidence as the animal itself.
294.26 	(b) A photograph must be accompanied by a written
294.27 	description of the animals seized, the name of the owner of the
294.28 	animals seized, the date of the photograph, and the name,
294.29 	address, organization, and signature of the photographer.
294.30 		Subd. 7.Veterinary investigative report. (a) A report
294.31 	completed by a Minnesota licensed veterinarian following an
294.32 	examination of an animal seized during an investigation is
294.33 	competent evidence.  A satisfactorily identified veterinary
294.34 	investigative report is as admissible in evidence as the animal
294.35 	itself.
294.36 	(b) The veterinary investigative report may contain a
295.1 	written description of the animal seized, the medical evaluation
295.2 	of the physical findings, the prognosis for recovery, and the
295.3 	date of the examination and must contain the name, address,
295.4 	veterinary clinic, and signature of the veterinarian performing
295.5 	the examination.
295.6 	
EFFECTIVE DATE. This section is effective August 1, 2005,
295.7 	and applies to crimes committed on or after that date.

295.8 	Sec. 5. Minnesota Statutes 2004, section 609.02,
295.9 	subdivision 16, is amended to read:
295.10 		Subd. 16.Qualified domestic violence-related offense.
 295.11 	"Qualified domestic violence-related offense" includes the
295.12 	following offenses:  sections 518B.01, subdivision 14 (violation
295.13 	of domestic abuse order for protection); 609.221 (first-degree
295.14 	assault); 609.222 (second-degree assault); 609.223 (third-degree
295.15 	assault); 609.2231 (fourth-degree assault); 609.224
295.16 	(fifth-degree assault); 609.2242 (domestic assault); 609.2247
295.17 	(domestic assault by strangulation);609.342 (first-degree
295.18 	criminal sexual conduct); 609.343 (second-degree criminal sexual
295.19 	conduct); 609.344 (third-degree criminal sexual conduct);
295.20 	609.345 (fourth-degree criminal sexual conduct); 609.377
295.21 	(malicious punishment of a child); 609.713 (terroristic
295.22 	threats); 609.748, subdivision 6 (violation of harassment
295.23 	restraining order); and 609.749 (harassment/stalking); and
295.24 	similar laws of other states, the United States, the District of
295.25 	Columbia, tribal lands, and United States territories.
295.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
295.27 	and applies to crimes committed on or after that date.

295.28 	Sec. 6. Minnesota Statutes 2004, section 609.185, is
295.29 	amended to read:
295.30 	609.185 MURDER IN THE FIRST DEGREE.
295.31 	(a) Whoever does any of the following is guilty of murder
295.32 	in the first degree and shall be sentenced to imprisonment for
295.33 	life:
295.34 	(1) causes the death of a human being with premeditation
295.35 	and with intent to effect the death of the person or of another;
295.36 	(2) causes the death of a human being while committing or
296.1 	attempting to commit criminal sexual conduct in the first or
296.2 	second degree with force or violence, either upon or affecting
296.3 	the person or another;
296.4 	(3) causes the death of a human being with intent to effect
296.5 	the death of the person or another, while committing or
296.6 	attempting to commit burglary, aggravated robbery, kidnapping,
296.7 	arson in the first or second degree, a drive-by shooting,
296.8 	tampering with a witness in the first degree, escape from
296.9 	custody, or any felony violation of chapter 152 involving the
296.10 	unlawful sale of a controlled substance;
296.11 	(4) causes the death of a peace officer or a guard employed
296.12 	at a Minnesota state or local correctional facility, with intent
296.13 	to effect the death of that person or another, while the peace
296.14 	officer or guard is engaged in the performance of official
296.15 	duties;
296.16 	(5) causes the death of a minor while committing child
296.17 	abuse, when the perpetrator has engaged in a past pattern of
296.18 	child abuse upon the a child and the death occurs under
296.19 	circumstances manifesting an extreme indifference to human life;
296.20 	(6) causes the death of a human being while committing
296.21 	domestic abuse, when the perpetrator has engaged in a past
296.22 	pattern of domestic abuse upon the victim or upon another family
296.23 	or household member and the death occurs under circumstances
296.24 	manifesting an extreme indifference to human life; or
296.25 	(7) causes the death of a human being while committing,
296.26 	conspiring to commit, or attempting to commit a felony crime to
296.27 	further terrorism and the death occurs under circumstances
296.28 	manifesting an extreme indifference to human life.
296.29 	(b) For purposes of paragraph (a), clause (5), "child abuse"
296.30 	means an act committed against a minor victim that constitutes a
296.31 	violation of the following laws of this state or any similar
296.32 	laws of the United States or any other state:  section 609.221;
296.33 	609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344;
296.34 	609.345; 609.377; 609.378; or 609.713.
296.35 	(c) For purposes of paragraph (a), clause (6), "domestic
296.36 	abuse" means an act that:
297.1 	(1) constitutes a violation of section 609.221, 609.222,
297.2 	609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345,
297.3 	609.713, or any similar laws of the United States or any other
297.4 	state; and
297.5 	(2) is committed against the victim who is a family or
297.6 	household member as defined in section 518B.01, subdivision 2,
297.7 	paragraph (b).
297.8 	(d) For purposes of paragraph (a), clause (7), "further
297.9 	terrorism" has the meaning given in section 609.714, subdivision
297.10 	1.

297.11 	EFFECTIVE DATE. This section is effective the day
297.12 	following final enactment and applies to crimes committed on or
297.13 	after that date.

297.14 	Sec. 7. Minnesota Statutes 2004, section 609.2231,
297.15 	subdivision 3, is amended to read:
297.16 		Subd. 3.Correctional employees; probation officers; and
297.17 	secure treatment facility personnel. (a) As used in this
297.18 	subdivision:
297.19 	(1) "correctional facility" has the meaning given in
297.20 	section 241.021, subdivision 1, paragraph (f); and 
297.21 	(2) "secure treatment facility" has the meaning given in
297.22 	section 253B.02, subdivision 18a.
297.23 	(b) Whoever commits either of the following acts against an
297.24 	employee of a correctional facility as defined in section
297.25 	241.021, subdivision 1, paragraph (f), or against a probation
297.26 	officer or other qualified person employed in supervising
297.27 	offenders, or against an employee or other individual who
297.28 	provides care or treatment at a secure treatment facility,while
297.29 	the employee, officer, or person is engaged in the performance
297.30 	of a duty imposed by law, policy, or rule is guilty of a felony
297.31 	and may be sentenced to imprisonment for not more than two years
297.32 	or to payment of a fine of not more than $4,000, or both:
297.33 	(1) assaults the employee person and inflicts demonstrable
297.34 	bodily harm; or
297.35 	(2) intentionally throws or otherwise transfers bodily
297.36 	fluids or feces at or onto the employee person.
298.1 	
EFFECTIVE DATE. This section is effective August 1, 2005,
298.2 	and applies to crimes committed on or after that date.

298.3 	Sec. 8. Minnesota Statutes 2004, section 609.2242,
298.4 	subdivision 3, is amended to read:
298.5 		Subd. 3.Domestic assaults; firearms.  (a) When a person
298.6 	is convicted of a violation of this section or section 609.221,
298.7 	609.222, 609.223, or 609.224, or 609.2247,the court shall
298.8 	determine and make written findings on the record as to whether:
298.9 	(1) the assault was committed against a family or household
298.10 	member, as defined in section 518B.01, subdivision 2;
298.11 	(2) the defendant owns or possesses a firearm; and
298.12 	(3) the firearm was used in any way during the commission
298.13 	of the assault.
298.14 	(b) If the court determines that the assault was of a
298.15 	family or household member, and that the offender owns or
298.16 	possesses a firearm and used it in any way during the commission
298.17 	of the assault, it shall order that the firearm be summarily
298.18 	forfeited under section 609.5316, subdivision 3.
298.19 	(c) When a person is convicted of assaulting a family or
298.20 	household member and is determined by the court to have used a
298.21 	firearm in any way during commission of the assault, the court
298.22 	may order that the person is prohibited from possessing any type
298.23 	of firearm for any period longer than three years or for the
298.24 	remainder of the person's life.  A person who violates this
298.25 	paragraph is guilty of a gross misdemeanor.  At the time of the
298.26 	conviction, the court shall inform the defendant whether and for
298.27 	how long the defendant is prohibited from possessing a firearm
298.28 	and that it is a gross misdemeanor to violate this paragraph.
298.29 	The failure of the court to provide this information to a
298.30 	defendant does not affect the applicability of the firearm
298.31 	possession prohibition or the gross misdemeanor penalty to that
298.32 	defendant.
298.33 	(d) Except as otherwise provided in paragraph (c), when a
298.34 	person is convicted of a violation of this section or section
298.35 	609.224 and the court determines that the victim was a family or
298.36 	household member, the court shall inform the defendant that the
299.1 	defendant is prohibited from possessing a pistol for three years
299.2 	from the date of conviction and that it is a gross misdemeanor
299.3 	offense to violate this prohibition.  The failure of the court
299.4 	to provide this information to a defendant does not affect the
299.5 	applicability of the pistol possession prohibition or the gross
299.6 	misdemeanor penalty to that defendant.
299.7 	(e) Except as otherwise provided in paragraph (c), a person
299.8 	is not entitled to possess a pistol if the person has been
299.9 	convicted after August 1, 1992, of domestic assault under this
299.10 	section or assault in the fifth degree under section 609.224 and
299.11 	the assault victim was a family or household member as defined
299.12 	in section 518B.01, subdivision 2, unless three years have
299.13 	elapsed from the date of conviction and, during that time, the
299.14 	person has not been convicted of any other violation of this
299.15 	section or section 609.224.  Property rights may not be abated
299.16 	but access may be restricted by the courts.  A person who
299.17 	possesses a pistol in violation of this paragraph is guilty of a
299.18 	gross misdemeanor.
299.19 	
EFFECTIVE DATE. This section is effective August 1, 2005,
299.20 	and applies to crimes committed on or after that date.

299.21 	Sec. 9. [609.2247] DOMESTIC ASSAULT BY STRANGULATION.
299.22 		Subdivision 1.Definitions. (a) As used in this section,
299.23 	the following terms have the meanings given.
299.24 	(b) "Family or household members" has the meaning given in
299.25 	section 518B.01, subdivision 2.
299.26 	(c) "Strangulation" means intentionally impeding normal
299.27 	breathing or circulation of the blood by applying pressure on
299.28 	the throat or neck or by blocking the nose or mouth of another
299.29 	person.
299.30 		Subd. 2.Crime. Unless a greater penalty is provided
299.31 	elsewhere, whoever assaults a family or household member by
299.32 	strangulation is guilty of a gross misdemeanor.
299.33 	
EFFECTIVE DATE. This section is effective August 1, 2005,
299.34 	and applies to crimes committed on or after that date.

299.35 	Sec. 10. Minnesota Statutes 2004, section 609.229,
299.36 	subdivision 3, is amended to read:
300.1 		Subd. 3.Penalty.  (a) If the crime committed in
300.2 	violation of subdivision 2 or 5 is a felony, the statutory
300.3 	maximum for the crime is five years longer than the statutory
300.4 	maximum for the underlying crime.
300.5 	(b) If the crime committed in violation of subdivision 2 or
300.6 	5 is a misdemeanor, the person is guilty of a gross misdemeanor.
300.7 	(c) If the crime committed in violation of subdivision 2 or
300.8 	5 is a gross misdemeanor, the person is guilty of a felony and
300.9 	may be sentenced to imprisonment for not more than three years
300.10 	or to payment of a fine of not more than $15,000, or both.
300.11 	
EFFECTIVE DATE. This section is effective August 1, 2005,
300.12 	and applies to crimes committed on or after that date.

300.13 	Sec. 11. Minnesota Statutes 2004, section 609.229, is
300.14 	amended by adding a subdivision to read:
300.15 		Subd. 5.Gang member; crime against a child. (a) For
300.16 	purposes of this subdivision, "child" means an individual under
300.17 	18 years of age.
300.18 	(b) A person who is a member of a gang who commits a crime
300.19 	against a child is guilty of a crime and may be sentenced as
300.20 	provided in subdivision 3.
300.21 	
EFFECTIVE DATE. This section is effective August 1, 2005,
300.22 	and applies to crimes committed on or after that date.

300.23 	Sec. 12. Minnesota Statutes 2004, section 609.321,
300.24 	subdivision 12, is amended to read:
300.25 		Subd. 12.Public place.  A "public place" means a public
300.26 	street or sidewalk, a pedestrian skyway system as defined in
300.27 	section 469.125, subdivision 4, a hotel, motel, or other place
300.28 	of public accommodation, or a place licensed to sell
300.29 	intoxicating liquor, wine, nonintoxicating malt beverages, or
300.30 	food, or a motor vehicle located on a public street, alley, or
300.31 	parking lot ordinarily used by or available to the public though
300.32 	not used as a matter of right and a driveway connecting such a
300.33 	parking lot with a street or highway.
300.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
300.35 	and applies to crimes committed on or after that date.

300.36 	Sec. 13. Minnesota Statutes 2004, section 609.487, is
301.1 	amended by adding a subdivision to read:
301.2 		Subd. 6.Fleeing, other than vehicle. Whoever, for the
301.3 	purpose of avoiding arrest, detention, or investigation, or in
301.4 	order to conceal or destroy potential evidence related to the
301.5 	commission of a crime, attempts to evade or elude a peace
301.6 	officer, who is acting in the lawful discharge of an official
301.7 	duty, by means of running, hiding, or by any other means except
301.8 	fleeing in a motor vehicle, is guilty of a misdemeanor.
301.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
301.10 	and applies to crimes committed on or after that date.

301.11 	Sec. 14. Minnesota Statutes 2004, section 609.50,
301.12 	subdivision 1, is amended to read:
301.13 		Subdivision 1.Crime.  Whoever intentionally does any of
301.14 	the following may be sentenced as provided in subdivision 2:
301.15 	(1) obstructs, hinders, or prevents the lawful execution of
301.16 	any legal process, civil or criminal, or apprehension of another
301.17 	on a charge or conviction of a criminal offense;
301.18 	(2) obstructs, resists, or interferes with a peace officer
301.19 	while the officer is engaged in the performance of official
301.20 	duties;
301.21 	(3) interferes with or obstructs the prevention or
301.22 	extinguishing of a fire, or disobeys the lawful order of a
301.23 	firefighter present at the fire; or 
301.24 	(4) interferes with or obstructs a member of an ambulance
301.25 	service personnel crew, as defined in section 144E.001,
301.26 	subdivision 3a, who is providing, or attempting to provide,
301.27 	emergency care; or 
301.28 	(5) by force or threat of force endeavors to obstruct any
301.29 	employee of the Department of Revenue while the employee is
301.30 	lawfully engaged in the performance of official duties for the
301.31 	purpose of deterring or interfering with the performance of
301.32 	those duties.
301.33 	
EFFECTIVE DATE. This section is effective August 1, 2005,
301.34 	and applies to crimes committed on or after that date.

301.35 	Sec. 15. Minnesota Statutes 2004, section 609.505, is
301.36 	amended to read:
302.1 	609.505 FALSELY REPORTING CRIME.
302.2 		Subdivision 1.False reporting. Whoever informs a law
302.3 	enforcement officer that a crime has been committed or otherwise
302.4 	provides information to an on-duty peace officer regarding the
302.5 	conduct of others, knowing that it is false and intending that
302.6 	the officer shall act in reliance upon it, is guilty of a
302.7 	misdemeanor.  A person who is convicted a second or subsequent
302.8 	time under this section is guilty of a gross misdemeanor.
302.9 		Subd. 2.Reporting police misconduct. (a) Whoever
302.10 	informs, or causes information to be communicated to, a public
302.11 	officer, as defined in section 609.415, subdivision 1, or an
302.12 	employee thereof, whose responsibilities include investigating
302.13 	or reporting police misconduct, that a peace officer, as defined
302.14 	in section 626.84, subdivision 1, paragraph (c), has committed
302.15 	an act of police misconduct, knowing that the information is
302.16 	false, is guilty of a crime and may be sentenced as follows:
302.17 	(1) up to the maximum provided for a misdemeanor if the
302.18 	false information does not allege a criminal act; or 
302.19 	(2) up to the maximum provided for a gross misdemeanor if
302.20 	the false information alleges a criminal act.
302.21 	(b) The court shall order any person convicted of a
302.22 	violation of this subdivision to make full restitution of all
302.23 	reasonable expenses incurred in the investigation of the false
302.24 	allegation unless the court makes a specific written finding
302.25 	that restitution would be inappropriate under the
302.26 	circumstances.  A restitution award may not exceed $3,000.
302.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
302.28 	and applies to crimes committed on or after that date.

302.29 	Sec. 16. Minnesota Statutes 2004, section 609.52,
302.30 	subdivision 2, is amended to read:
302.31 		Subd. 2.Acts constituting theft.  Whoever does any of
302.32 	the following commits theft and may be sentenced as provided in
302.33 	subdivision 3:
302.34 	(1) intentionally and without claim of right takes, uses,
302.35 	transfers, conceals or retains possession of movable property of
302.36 	another without the other's consent and with intent to deprive
303.1 	the owner permanently of possession of the property; or
303.2 	(2) with or without having a legal interest in movable
303.3 	property, intentionally and without consent, takes the property
303.4 	out of the possession of a pledgee or other person having a
303.5 	superior right of possession, with intent thereby to deprive the
303.6 	pledgee or other person permanently of the possession of the
303.7 	property; or
303.8 	(3) obtains for the actor or another the possession,
303.9 	custody, or title to property of or performance of services by a
303.10 	third person by intentionally deceiving the third person with a
303.11 	false representation which is known to be false, made with
303.12 	intent to defraud, and which does defraud the person to whom it
303.13 	is made.  "False representation" includes without limitation:
303.14 	(i) the issuance of a check, draft, or order for the
303.15 	payment of money, except a forged check as defined in section
303.16 	609.631, or the delivery of property knowing that the actor is
303.17 	not entitled to draw upon the drawee therefor or to order the
303.18 	payment or delivery thereof; or
303.19 	(ii) a promise made with intent not to perform.  Failure to
303.20 	perform is not evidence of intent not to perform unless
303.21 	corroborated by other substantial evidence; or
303.22 	(iii) the preparation or filing of a claim for
303.23 	reimbursement, a rate application, or a cost report used to
303.24 	establish a rate or claim for payment for medical care provided
303.25 	to a recipient of medical assistance under chapter 256B, which
303.26 	intentionally and falsely states the costs of or actual services
303.27 	provided by a vendor of medical care; or
303.28 	(iv) the preparation or filing of a claim for reimbursement
303.29 	for providing treatment or supplies required to be furnished to
303.30 	an employee under section 176.135 which intentionally and
303.31 	falsely states the costs of or actual treatment or supplies
303.32 	provided; or
303.33 	(v) the preparation or filing of a claim for reimbursement
303.34 	for providing treatment or supplies required to be furnished to
303.35 	an employee under section 176.135 for treatment or supplies that
303.36 	the provider knew were medically unnecessary, inappropriate, or
304.1 	excessive; or
304.2 	(4) by swindling, whether by artifice, trick, device, or
304.3 	any other means, obtains property or services from another
304.4 	person; or
304.5 	(5) intentionally commits any of the acts listed in this
304.6 	subdivision but with intent to exercise temporary control only
304.7 	and:
304.8 	(i) the control exercised manifests an indifference to the
304.9 	rights of the owner or the restoration of the property to the
304.10 	owner; or
304.11 	(ii) the actor pledges or otherwise attempts to subject the
304.12 	property to an adverse claim; or
304.13 	(iii) the actor intends to restore the property only on
304.14 	condition that the owner pay a reward or buy back or make other
304.15 	compensation; or
304.16 	(6) finds lost property and, knowing or having reasonable
304.17 	means of ascertaining the true owner, appropriates it to the
304.18 	finder's own use or to that of another not entitled thereto
304.19 	without first having made reasonable effort to find the owner
304.20 	and offer and surrender the property to the owner; or
304.21 	(7) intentionally obtains property or services, offered
304.22 	upon the deposit of a sum of money or tokens in a coin or token
304.23 	operated machine or other receptacle, without making the
304.24 	required deposit or otherwise obtaining the consent of the
304.25 	owner; or
304.26 	(8) intentionally and without claim of right converts any
304.27 	article representing a trade secret, knowing it to be such, to
304.28 	the actor's own use or that of another person or makes a copy of
304.29 	an article representing a trade secret, knowing it to be such,
304.30 	and intentionally and without claim of right converts the same
304.31 	to the actor's own use or that of another person.  It shall be a
304.32 	complete defense to any prosecution under this clause for the
304.33 	defendant to show that information comprising the trade secret
304.34 	was rightfully known or available to the defendant from a source
304.35 	other than the owner of the trade secret; or
304.36 	(9) leases or rents personal property under a written
305.1 	instrument and who:
305.2 	(i) with intent to place the property beyond the control of
305.3 	the lessor conceals or aids or abets the concealment of the
305.4 	property or any part thereof; or
305.5 	(ii) sells, conveys, or encumbers the property or any part
305.6 	thereof without the written consent of the lessor, without
305.7 	informing the person to whom the lessee sells, conveys, or
305.8 	encumbers that the same is subject to such lease or rental
305.9 	contract with intent to deprive the lessor of possession
305.10 	thereof; or
305.11 	(iii) does not return the property to the lessor at the end
305.12 	of the lease or rental term, plus agreed upon extensions, with
305.13 	intent to wrongfully deprive the lessor of possession of the
305.14 	property; or
305.15 	(iv) returns the property to the lessor at the end of the
305.16 	lease or rental term, plus agreed upon extensions, but does not
305.17 	pay the lease or rental charges agreed upon in the written
305.18 	instrument, with intent to wrongfully deprive the lessor of the
305.19 	agreed upon charges.
305.20 	For the purposes of items (iii) and (iv), the value of the
305.21 	property must be at least $100.
305.22 	Evidence that a lessee used a false, fictitious, or not current
305.23 	name, address, or place of employment in obtaining the property
305.24 	or fails or refuses to return the property or pay the rental
305.25 	contract charges to lessor within five days after written demand
305.26 	for the return has been served personally in the manner provided
305.27 	for service of process of a civil action or sent by certified
305.28 	mail to the last known address of the lessee, whichever shall
305.29 	occur later, shall be evidence of intent to violate this
305.30 	clause.  Service by certified mail shall be deemed to be
305.31 	complete upon deposit in the United States mail of such demand,
305.32 	postpaid and addressed to the person at the address for the
305.33 	person set forth in the lease or rental agreement, or, in the
305.34 	absence of the address, to the person's last known place of
305.35 	residence; or
305.36 	(10) alters, removes, or obliterates numbers or symbols
306.1 	placed on movable property for purpose of identification by the
306.2 	owner or person who has legal custody or right to possession
306.3 	thereof with the intent to prevent identification, if the person
306.4 	who alters, removes, or obliterates the numbers or symbols is
306.5 	not the owner and does not have the permission of the owner to
306.6 	make the alteration, removal, or obliteration; or
306.7 	(11) with the intent to prevent the identification of
306.8 	property involved, so as to deprive the rightful owner of
306.9 	possession thereof, alters or removes any permanent serial
306.10 	number, permanent distinguishing number or manufacturer's
306.11 	identification number on personal property or possesses, sells
306.12 	or buys any personal property knowing or having reason to know
306.13 	that the permanent serial number, permanent distinguishing
306.14 	number or manufacturer's identification number has been removed
306.15 	or altered; or
306.16 	(12) intentionally deprives another of a lawful charge for
306.17 	cable television service by:
306.18 	(i) making or using or attempting to make or use an
306.19 	unauthorized external connection outside the individual dwelling
306.20 	unit whether physical, electrical, acoustical, inductive, or
306.21 	other connection; or by
306.22 	(ii) attaching any unauthorized device to any cable, wire,
306.23 	microwave, or other component of a licensed cable communications
306.24 	system as defined in chapter 238.  Nothing herein shall be
306.25 	construed to prohibit the electronic video rerecording of
306.26 	program material transmitted on the cable communications system
306.27 	by a subscriber for fair use as defined by Public Law 94-553,
306.28 	section 107; or
306.29 	(13) except as provided in paragraphs (12) and (14),
306.30 	obtains the services of another with the intention of receiving
306.31 	those services without making the agreed or reasonably expected
306.32 	payment of money or other consideration; or
306.33 	(14) intentionally deprives another of a lawful charge for
306.34 	telecommunications service by:
306.35 	(i) making, using, or attempting to make or use an
306.36 	unauthorized connection whether physical, electrical, by wire,
307.1 	microwave, radio, or other means to a component of a local
307.2 	telecommunication system as provided in chapter 237; or
307.3 	(ii) attaching an unauthorized device to a cable, wire,
307.4 	microwave, radio, or other component of a local
307.5 	telecommunication system as provided in chapter 237.
307.6 	The existence of an unauthorized connection is prima facie
307.7 	evidence that the occupier of the premises:
307.8 	(i) made or was aware of the connection; and
307.9 	(ii) was aware that the connection was unauthorized; or
307.10 	(15) with intent to defraud, diverts corporate property
307.11 	other than in accordance with general business purposes or for
307.12 	purposes other than those specified in the corporation's
307.13 	articles of incorporation; or
307.14 	(16) with intent to defraud, authorizes or causes a
307.15 	corporation to make a distribution in violation of section
307.16 	302A.551, or any other state law in conformity with it; or
307.17 	(17) takes or drives a motor vehicle without the consent of
307.18 	the owner or an authorized agent of the owner, knowing or having
307.19 	reason to know that the owner or an authorized agent of the
307.20 	owner did not give consent.
307.21 	
EFFECTIVE DATE. This section is effective August 1, 2005,
307.22 	and applies to crimes committed on or after that date.

307.23 	Sec. 17. Minnesota Statutes 2004, section 609.527,
307.24 	subdivision 1, is amended to read:
307.25 		Subdivision 1.Definitions.  (a) As used in this section,
307.26 	the following terms have the meanings given them in this
307.27 	subdivision.
307.28 	(b) "Direct victim" means any person or entity described in
307.29 	section 611A.01, paragraph (b), whose identity has been
307.30 	transferred, used, or possessed in violation of this section.
307.31 	(c) "False pretense" means any false, fictitious,
307.32 	misleading, or fraudulent information or pretense or pretext
307.33 	depicting or including or deceptively similar to the name, logo,
307.34 	Web site address, e-mail address, postal address, telephone
307.35 	number, or any other identifying information of a for-profit or
307.36 	not-for-profit business or organization or of a government
308.1 	agency, to which the user has no legitimate claim of right.
308.2 	(d) "Identity" means any name, number, or data transmission
308.3 	that may be used, alone or in conjunction with any other
308.4 	information, to identify a specific individual or entity,
308.5 	including any of the following:
308.6 	(1) a name, Social Security number, date of birth, official
308.7 	government-issued driver's license or identification number,
308.8 	government passport number, or employer or taxpayer
308.9 	identification number;
308.10 	(2) unique electronic identification number, address,
308.11 	account number, or routing code; or
308.12 	(3) telecommunication identification information or access
308.13 	device.
308.14 	(d) (e) "Indirect victim" means any person or entity
308.15 	described in section 611A.01, paragraph (b), other than a direct
308.16 	victim.
308.17 	(e) (f) "Loss" means value obtained, as defined in section
308.18 	609.52, subdivision 1, clause (3), and expenses incurred by a
308.19 	direct or indirect victim as a result of a violation of this
308.20 	section.
308.21 	(f) (g) "Unlawful activity" means:
308.22 	(1) any felony violation of the laws of this state or any
308.23 	felony violation of a similar law of another state or the United
308.24 	States; and
308.25 	(2) any nonfelony violation of the laws of this state
308.26 	involving theft, theft by swindle, forgery, fraud, or giving
308.27 	false information to a public official, or any nonfelony
308.28 	violation of a similar law of another state or the United States.
308.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
308.30 	and applies to crimes committed on or after that date.

308.31 	Sec. 18. Minnesota Statutes 2004, section 609.527,
308.32 	subdivision 3, is amended to read:
308.33 		Subd. 3.Penalties.  A person who violates subdivision 2
308.34 	may be sentenced as follows:
308.35 	(1) if the offense involves a single direct victim and the
308.36 	total, combined loss to the direct victim and any indirect
309.1 	victims is $250 or less, the person may be sentenced as provided
309.2 	in section 609.52, subdivision 3, clause (5);
309.3 	(2) if the offense involves a single direct victim and the
309.4 	total, combined loss to the direct victim and any indirect
309.5 	victims is more than $250 but not more than $500, the person may
309.6 	be sentenced as provided in section 609.52, subdivision 3,
309.7 	clause (4);
309.8 	(3) if the offense involves two or three direct victims or
309.9 	the total, combined loss to the direct and indirect victims is
309.10 	more than $500 but not more than $2,500, the person may be
309.11 	sentenced as provided in section 609.52, subdivision 3, clause
309.12 	(3);
309.13 	(4) if the offense involves more than three but not more
309.14 	than seven direct victims, or if the total combined loss to the
309.15 	direct and indirect victims is more than $2,500, the person may
309.16 	be sentenced as provided in section 609.52, subdivision 3,
309.17 	clause (2); and
309.18 	(5) if the offense involves eight or more direct victims,;
309.19 	or if the total, combined loss to the direct and indirect
309.20 	victims is more than $35,000,; or if the offense is related to
309.21 	possession or distribution of pornographic work in violation of
309.22 	section 617.246 or 617.247;the person may be sentenced as
309.23 	provided in section 609.52, subdivision 3, clause (1).
309.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
309.25 	and applies to crimes committed on or after that date.

309.26 	Sec. 19. Minnesota Statutes 2004, section 609.527,
309.27 	subdivision 4, is amended to read:
309.28 		Subd. 4.Restitution; items provided to victim. (a) A
309.29 	direct or indirect victim of an identity theft crime shall be
309.30 	considered a victim for all purposes, including any rights that
309.31 	accrue under chapter 611A and rights to court-ordered
309.32 	restitution.
309.33 	(b) The court shall order a person convicted of violating
309.34 	subdivision 2 to pay restitution of not less than $1,000 to each
309.35 	direct victim of the offense.
309.36 	(c) Upon the written request of a direct victim or the
310.1 	prosecutor setting forth with specificity the facts and
310.2 	circumstances of the offense in a proposed order, the court
310.3 	shall provide to the victim, without cost, a certified copy of
310.4 	the complaint filed in the matter, the judgment of conviction,
310.5 	and an order setting forth the facts and circumstances of the
310.6 	offense.
310.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
310.8 	and applies to crimes committed on or after that date.

310.9 	Sec. 20. Minnesota Statutes 2004, section 609.527, is
310.10 	amended by adding a subdivision to read:
310.11 		Subd. 5a.Crime of electronic use of false pretense to
310.12 	obtain identity. (a) A person who, with intent to obtain the
310.13 	identity of another, uses a false pretense in an e-mail to
310.14 	another person or in a Web page, electronic communication,
310.15 	advertisement, or any other communication on the Internet, is
310.16 	guilty of a crime.
310.17 	(b) Whoever commits such offense may be sentenced to
310.18 	imprisonment for not more than five years or to payment of a
310.19 	fine of not more than $10,000, or both.
310.20 	(c) In a prosecution under this subdivision, it is not a
310.21 	defense that:
310.22 	(1) the person committing the offense did not obtain the
310.23 	identity of another;
310.24 	(2) the person committing the offense did not use the
310.25 	identity; or 
310.26 	(3) the offense did not result in financial loss or any
310.27 	other loss to any person.
310.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
310.29 	and applies to crimes committed on or after that date.

310.30 	Sec. 21. Minnesota Statutes 2004, section 609.527,
310.31 	subdivision 6, is amended to read:
310.32 		Subd. 6.Venue.  Notwithstanding anything to the contrary
310.33 	in section 627.01, an offense committed under subdivision 2 or
310.34 	5a may be prosecuted in:
310.35 	(1) the county where the offense occurred; or 
310.36 	(2) the county of residence or place of business of the
311.1 	direct victim or indirect victim; or 
311.2 	(3) in the case of a violation of subdivision 5a, the
311.3 	county of residence of the person whose identity was obtained or
311.4 	sought.
311.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
311.6 	and applies to crimes committed on or after that date.

311.7 	Sec. 22. Minnesota Statutes 2004, section 609.605,
311.8 	subdivision 1, is amended to read:
311.9 		Subdivision 1.Misdemeanor.  (a) The following terms have
311.10 	the meanings given them for purposes of this section.
311.11 	(i) "Premises" means real property and any appurtenant
311.12 	building or structure.
311.13 	(ii) "Dwelling" means the building or part of a building
311.14 	used by an individual as a place of residence on either a
311.15 	full-time or a part-time basis.  A dwelling may be part of a
311.16 	multidwelling or multipurpose building, or a manufactured home
311.17 	as defined in section 168.011, subdivision 8.
311.18 	(iii) "Construction site" means the site of the
311.19 	construction, alteration, painting, or repair of a building or
311.20 	structure.
311.21 	(iv) "Owner or lawful possessor," as used in paragraph (b),
311.22 	clause (9), means the person on whose behalf a building or
311.23 	dwelling is being constructed, altered, painted, or repaired and
311.24 	the general contractor or subcontractor engaged in that work.
311.25 	(v) "Posted," as used:
311.26 	(A) in clause (9), means the placement of a sign at least
311.27 	11 inches square in a conspicuous place on the exterior of the
311.28 	building that is under construction, alteration, or repair, and
311.29 	additional signs in at least two conspicuous places for each ten
311.30 	acres being protected.  The sign must carry an appropriate
311.31 	notice and the name of the person giving the notice, followed by
311.32 	the word "owner" if the person giving the notice is the holder
311.33 	of legal title to the land on which the construction site is
311.34 	located or by the word "occupant" if the person giving the
311.35 	notice is not the holder of legal title but is a lawful occupant
311.36 	of the land; and 
312.1 	(B) in clause (10), means the placement of signs that:
312.2 	(I) state "no trespassing" or similar terms;
312.3 	(II) display letters at least two inches high;
312.4 	(III) state that Minnesota law prohibits trespassing on the
312.5 	property; and 
312.6 	(IV) are posted in a conspicuous place and at intervals of
312.7 	500 feet or less.
312.8 	(vi) "Business licensee," as used in paragraph (b), clause
312.9 	(9), includes a representative of a building trades labor or
312.10 	management organization.
312.11 	(vii) "Building" has the meaning given in section 609.581,
312.12 	subdivision 2.
312.13 	(b) A person is guilty of a misdemeanor if the person
312.14 	intentionally:
312.15 	(1) permits domestic animals or fowls under the actor's
312.16 	control to go on the land of another within a city;
312.17 	(2) interferes unlawfully with a monument, sign, or pointer
312.18 	erected or marked to designate a point of a boundary, line or a
312.19 	political subdivision, or of a tract of land;
312.20 	(3) trespasses on the premises of another and, without
312.21 	claim of right, refuses to depart from the premises on demand of
312.22 	the lawful possessor;
312.23 	(4) occupies or enters the dwelling or locked or posted
312.24 	building of another, without claim of right or consent of the
312.25 	owner or the consent of one who has the right to give consent,
312.26 	except in an emergency situation;
312.27 	(5) enters the premises of another with intent to take or
312.28 	injure any fruit, fruit trees, or vegetables growing on the
312.29 	premises, without the permission of the owner or occupant;
312.30 	(6) enters or is found on the premises of a public or
312.31 	private cemetery without authorization during hours the cemetery
312.32 	is posted as closed to the public;
312.33 	(7) returns to the property of another with the intent to
312.34 	abuse, disturb, or cause distress in or threaten another, after
312.35 	being told to leave the property and not to return, if the actor
312.36 	is without claim of right to the property or consent of one with
313.1 	authority to consent;
313.2 	(8) returns to the property of another within 30 days one
313.3 	year after being told to leave the property and not to return,
313.4 	if the actor is without claim of right to the property or
313.5 	consent of one with authority to consent; or 
313.6 	(9) enters the locked or posted construction site of
313.7 	another without the consent of the owner or lawful possessor,
313.8 	unless the person is a business licensee; or 
313.9 	(10) enters the locked or posted aggregate mining site of
313.10 	another without the consent of the owner or lawful possessor,
313.11 	unless the person is a business licensee.
313.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
313.13 	and applies to crimes committed on or after that date.

313.14 	Sec. 23. Minnesota Statutes 2004, section 609.605,
313.15 	subdivision 4, is amended to read:
313.16 		Subd. 4.Trespasses on school property.  (a) It is a
313.17 	misdemeanor for a person to enter or be found in a public or
313.18 	nonpublic elementary, middle, or secondary school building
313.19 	unless the person:
313.20 	(1) is an enrolled student in, a parent or guardian of an
313.21 	enrolled student in, or an employee of the school or school
313.22 	district;
313.23 	(2) has permission or an invitation from a school official
313.24 	to be in the building;
313.25 	(3) is attending a school event, class, or meeting to which
313.26 	the person, the public, or a student's family is invited; or
313.27 	(4) has reported the person's presence in the school
313.28 	building in the manner required for visitors to the school.
313.29 	(b) It is a gross misdemeanor for a group of three or more
313.30 	persons to enter or be found in a public or nonpublic
313.31 	elementary, middle, or secondary school building unless one of
313.32 	the persons:
313.33 	(1) is an enrolled student in, a parent or guardian of an
313.34 	enrolled student in, or an employee of the school or school
313.35 	district;
313.36 	(2) has permission or an invitation from a school official
314.1 	to be in the building;
314.2 	(3) is attending a school event, class, or meeting to which
314.3 	the person, the public, or a student's family is invited; or
314.4 	(4) has reported the person's presence in the school
314.5 	building in the manner required for visitors to the school.
314.6 	(c) It is a misdemeanor for a person to enter or be found
314.7 	on school property within six months one year after being told
314.8 	by the school principal or the principal's designee to leave the
314.9 	property and not to return, unless the principal or the
314.10 	principal's designee has given the person permission to return
314.11 	to the property.  As used in this paragraph, "school property"
314.12 	has the meaning given in section 152.01, subdivision 14a,
314.13 	clauses (1) and (3).
314.14 	(d) A school principal or a school employee designated by
314.15 	the school principal to maintain order on school property, who
314.16 	has reasonable cause to believe that a person is violating this
314.17 	subdivision may detain the person in a reasonable manner for a
314.18 	reasonable period of time pending the arrival of a peace
314.19 	officer.  A school principal or designated school employee is
314.20 	not civilly or criminally liable for any action authorized under
314.21 	this paragraph if the person's action is based on reasonable
314.22 	cause.
314.23 	(e) A peace officer may arrest a person without a warrant
314.24 	if the officer has probable cause to believe the person violated
314.25 	this subdivision within the preceding four hours.  The arrest
314.26 	may be made even though the violation did not occur in the peace
314.27 	officer's presence.
314.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
314.29 	and applies to crimes committed on or after that date.

314.30 	Sec. 24. Minnesota Statutes 2004, section 609.725, is
314.31 	amended to read:
314.32 	609.725 VAGRANCY.
314.33 	Any of the following are vagrants and are guilty of a
314.34 	misdemeanor:
314.35 	(1) a person, with ability to work, who is without lawful
314.36 	means of support, does not seek employment, and is not under 18
315.1 	years of age; or 
315.2 	(2) a person found in or loitering near any structure,
315.3 	vehicle, or private grounds who is there without the consent of
315.4 	the owner and is unable to account for being there; or
315.5 	(3) (2) a prostitute who loiters on the streets or in a
315.6 	public place or in a place open to the public with intent to
315.7 	solicit for immoral purposes; or 
315.8 	(4) a person who derives support in whole or in part from
315.9 	begging or as a fortune teller or similar impostor.

315.10 	EFFECTIVE DATE. This section is effective August 1, 2005,
315.11 	and applies to crimes committed on or after that date.

315.12 	Sec. 25. Minnesota Statutes 2004, section 609.763,
315.13 	subdivision 3, is amended to read:
315.14 		Subd. 3.Aggregation; jurisdiction.  In a prosecution
315.15 	under this section, the dollar amounts obtained involved in
315.16 	violation of subdivision 1 within any 12-month period may be
315.17 	aggregated and the defendant charged accordingly.  When two or
315.18 	more offenses are committed by the same person in two or more
315.19 	counties, the defendant may be prosecuted in any county in which
315.20 	one of the offenses was committed for all of the offenses
315.21 	aggregated under this subdivision.
315.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
315.23 	and applies to crimes committed on or after that date.

315.24 	Sec. 26. [609.849] RAILROAD THAT OBSTRUCTS TREATMENT OF
315.25 	AN INJURED WORKER.
315.26 	(a) A railroad company or person employed by a railroad
315.27 	company shall not:
315.28 	(1) intentionally deny, delay, or interfere with medical
315.29 	treatment or first aid treatment to an employee of a railroad
315.30 	who has been injured during employment; or 
315.31 	(2) discipline, harass, or intimidate an employee to
315.32 	discourage the employee from receiving medical attention or
315.33 	threaten to discipline an employee who has been injured during
315.34 	employment for requesting medical treatment or first aid
315.35 	treatment.
315.36 	(b) Nothing in this section shall deny a railroad company
316.1 	or railroad employee from making a reasonable inquiry of an
316.2 	injured employee about the circumstance of an injury in order to
316.3 	gather information necessary to identify a safety hazard.
316.4 	(c) It is not a violation under this section for a railroad
316.5 	company or railroad employee to enforce safety regulations.
316.6 	(d) A railroad or person who violates paragraph (a) is
316.7 	subject to a criminal penalty of up to $1,000.

316.8 	EFFECTIVE DATE. This section is effective August 1, 2005,
316.9 	and applies to crimes committed on or after that date.

316.10 	Sec. 27. [609.896] CRIMINAL USE OF REAL PROPERTY.
316.11 		Subdivision 1.Definitions. For the purposes of this
316.12 	section, the following terms have the meanings given them.
316.13 	(a) "Audiovisual recording function" means the capability
316.14 	of a device to record or transmit a motion picture or any part
316.15 	of a motion picture by means of any technology now known or
316.16 	later developed.
316.17 	(b) "Convicted" includes a conviction for a similar offense
316.18 	under the law of another state or the federal government.
316.19 	(c) "Motion picture theater" means a movie theater,
316.20 	screening room, or other venue when used primarily for the
316.21 	exhibition of a motion picture.
316.22 		Subd. 2.Crime. (a) Any person in a motion picture
316.23 	theater while a motion picture is being exhibited who knowingly
316.24 	operates an audiovisual recording function of a device without
316.25 	the consent of the owner or lessee of the motion picture theater
316.26 	is guilty of criminal use of real property.
316.27 	(b) If a person is convicted of a first offense, it is a
316.28 	misdemeanor.
316.29 	(c) If a person is convicted of a second offense, it is a
316.30 	gross misdemeanor.
316.31 	(d) If a person is convicted of a third or subsequent
316.32 	offense, it is a felony and the person may be sentenced to
316.33 	imprisonment for not more than two years or to payment of a fine
316.34 	of not more than $4,000, or both.
316.35 		Subd. 3.Detaining suspects. An owner or lessee of a
316.36 	motion picture theater is a merchant for purposes of section
317.1 	629.366.
317.2 		Subd. 4.Exception. This section does not prevent any
317.3 	lawfully authorized investigative, law enforcement protective,
317.4 	or intelligence gathering employee or agent of the state or
317.5 	federal government from operating any audiovisual recording
317.6 	device in a motion picture theater where a motion picture is
317.7 	being exhibited, as part of lawfully authorized investigative,
317.8 	law enforcement protective, or intelligence gathering activities.
317.9 		Subd. 5.Not preclude alternative prosecution. Nothing
317.10 	in this section prevents prosecution under any other provision
317.11 	of law.
317.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
317.13 	and applies to crimes committed on or after that date.

317.14 	Sec. 28. CRIMINAL PROPERTY OFFENSE MONETARY THRESHOLD
317.15 	COMMITTEE.
 317.16 		Subdivision 1.Establishment; duties. A Criminal
317.17 	Property Offense Monetary Threshold Committee is established to
317.18 	study and propose adjusting threshold dollar amounts of property
317.19 	crimes.  The committee shall identify the property crimes in
317.20 	addition to theft, as defined in Minnesota Statutes, section
317.21 	609.52, that contain threshold dollar amounts that require
317.22 	revision.  In determining how much property crime threshold
317.23 	dollar amounts should be revised, the committee shall take into
317.24 	consideration the Consumer Price Index for urban, suburban, and
317.25 	rural consumers in Minnesota, and any other historical and
317.26 	economic factors relevant to a rational and proportionate
317.27 	adjustment of thresholds.
317.28 		Subd. 2.Resources. The committee may use legislative
317.29 	staff to provide legal counsel, research, and secretarial and
317.30 	clerical assistance.  The Sentencing Guidelines Commission,
317.31 	Department of Corrections, and state court administrator shall
317.32 	provide technical assistance to the committee on request.
317.33 		Subd. 3.Membership. The committee consists of:
317.34 	(1) three senators, no more than two of whom are from the
317.35 	same political party, appointed by the senate Subcommittee on
317.36 	Committees of the Committee on Rules and Administration and
318.1 	three members of the house of representatives, no more than two
318.2 	of whom are from the same political party, appointed by the
318.3 	speaker;
318.4 	(2) representatives from each of the following groups
318.5 	appointed by the chairs of the senate Committee on Crime
318.6 	Prevention and Public Safety and the house Public Safety and
318.7 	Finance Committee:
318.8 	(i) crime victim advocates;
318.9 	(ii) county attorneys;
318.10 	(iii) city attorneys;
318.11 	(iv) professors of law with expertise in criminal justice;
318.12 	(v) district court judges;
318.13 	(vi) criminal defense attorneys;
318.14 	(vii) probation officers; and 
318.15 	(viii) public members who are victims of crime; and 
318.16 	(3) the state court administrator who shall chair the group.
318.17 		Subd. 4.Recommendations. The committee shall present
318.18 	the legislature with dollar threshold adjustment recommendations
318.19 	in the form of a bill that amends the property crime statutes it
318.20 	has identified as in need of revision no later than January 15,
318.21 	2006.  The bill shall be presented to the chair of the senate
318.22 	Crime Prevention and Public Safety Committee and house Public
318.23 	Safety and Finance Committee.
318.24 	
EFFECTIVE DATE. This section is effective July 1, 2005.

318.25 	ARTICLE 18
318.26 	DWI AND TRAFFIC SAFETY POLICY

318.27 	Section 1. Minnesota Statutes 2004, section 169.06, is
318.28 	amended by adding a subdivision to read:
318.29 		Subd. 5b.Possession of override device. (a) For
318.30 	purposes of this subdivision, "traffic signal-override device"
318.31 	means a device located in a motor vehicle that permits
318.32 	activation of a traffic signal-override system described in
318.33 	subdivision 5a.
318.34 	(b) No person may operate a motor vehicle that contains a
318.35 	traffic signal-override device, other than:
318.36 	(1) an authorized emergency vehicle described in section
319.1 	169.01, subdivision 5, clause (1), (2), or (3);
319.2 	(2) a vehicle, including a rail vehicle, engaged in
319.3 	providing bus rapid transit service or light rail transit
319.4 	service;
319.5 	(3) a signal maintenance vehicle of a road authority; or 
319.6 	(4) a vehicle authorized to contain such a device by order
319.7 	of the commissioner of public safety.
319.8 	(c) No person may possess a traffic signal-override device,
319.9 	other than:
319.10 	(1) a person authorized to operate a vehicle described in
319.11 	paragraph (b), clauses (1) and (2), but only for use in that
319.12 	vehicle;
319.13 	(2) a person authorized by a road authority to perform
319.14 	signal maintenance, while engaged in such maintenance; or 
319.15 	(3) a person authorized by order of the commissioner of
319.16 	public safety to possess a traffic signal-override device, but
319.17 	only to the extent authorized in the order.
319.18 	(d) A violation of this subdivision is a misdemeanor.
319.19 	
EFFECTIVE DATE. This section is effective August 1, 2005,
319.20 	and applies to crimes committed on or after that date.

319.21 	Sec. 2. Minnesota Statutes 2004, section 169A.275,
319.22 	subdivision 1, is amended to read:
319.23 		Subdivision 1.Second offense.  (a) The court shall
319.24 	sentence a person who is convicted of a violation of section
319.25 	169A.20 (driving while impaired) within ten years of a qualified
319.26 	prior impaired driving incident to either:
319.27 	(1) a minimum of 30 days of incarceration, at least 48
319.28 	hours of which must be served consecutively in a local
319.29 	correctional facility; or
319.30 	(2) eight hours of community work service for each day less
319.31 	than 30 days that the person is ordered to serve in a local
319.32 	correctional facility.
319.33 	Notwithstanding section 609.135 (stay of imposition or execution
319.34 	of sentence), the penalties in this paragraph must be executed,
319.35 	unless the court departs from the mandatory minimum sentence
319.36 	under paragraph (b) or (c).
320.1 	(b) Prior to sentencing, the prosecutor may file a motion
320.2 	to have a defendant described in paragraph (a) sentenced without
320.3 	regard to the mandatory minimum sentence established by that
320.4 	paragraph.  The motion must be accompanied by a statement on the
320.5 	record of the reasons for it.  When presented with the
320.6 	prosecutor's motion and if it finds that substantial mitigating
320.7 	factors exist, the court shall sentence the defendant without
320.8 	regard to the mandatory minimum sentence established by
320.9 	paragraph (a).
320.10 	(c) The court may, on its own motion, sentence a defendant
320.11 	described in paragraph (a) without regard to the mandatory
320.12 	minimum sentence established by that paragraph if it finds that
320.13 	substantial mitigating factors exist and if its sentencing
320.14 	departure is accompanied by a statement on the record of the
320.15 	reasons for it.  The court also may sentence the defendant
320.16 	without regard to the mandatory minimum sentence established by
320.17 	paragraph (a) if the defendant is sentenced to probation and
320.18 	ordered to participate in a program established under section
320.19 	169A.74 (pilot programs of intensive probation for repeat DWI
320.20 	offenders).
320.21 	(d) When any portion of the sentence required by paragraph
320.22 	(a) is not executed, the court should impose a sentence that is
320.23 	proportional to the extent of the offender's prior criminal and
320.24 	moving traffic violation record.  Any sentence required under
320.25 	paragraph (a) must include a mandatory sentence that is not
320.26 	subject to suspension or a stay of imposition or execution, and
320.27 	that includes incarceration for not less than 48 consecutive 
320.28 	hours or at least 80 hours of community work service.
320.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
320.30 	and applies to crimes committed on or after that date.

320.31 	Sec. 3. Minnesota Statutes 2004, section 169A.52,
320.32 	subdivision 4, is amended to read:
320.33 		Subd. 4.Test failure; license revocation.  (a) Upon
320.34 	certification by the peace officer that there existed probable
320.35 	cause to believe the person had been driving, operating, or in
320.36 	physical control of a motor vehicle in violation of section
321.1 	169A.20 (driving while impaired) and that the person submitted
321.2 	to a test and the test results indicate an alcohol concentration
321.3 	of 0.08 or more or the presence of a controlled substance listed
321.4 	in schedule I or II, other than marijuana or
321.5 	tetrahydrocannabinols, then the commissioner shall revoke the
321.6 	person's license or permit to drive, or nonresident operating
321.7 	privilege:
321.8 	(1) for a period of 90 days;
321.9 	(2) if the person is under the age of 21 years, for a
321.10 	period of six months;
321.11 	(3) for a person with a qualified prior impaired driving
321.12 	incident within the past ten years, for a period of 180 days; or
321.13 	(4) if the test results indicate an alcohol concentration
321.14 	of 0.20 or more, for twice the applicable period in clauses (1)
321.15 	to (3).
321.16 	(b) On certification by the peace officer that there
321.17 	existed probable cause to believe the person had been driving,
321.18 	operating, or in physical control of a commercial motor vehicle
321.19 	with any presence of alcohol and that the person submitted to a
321.20 	test and the test results indicated an alcohol concentration of
321.21 	0.04 or more, the commissioner shall disqualify the person from
321.22 	operating a commercial motor vehicle under section 171.165
321.23 	(commercial driver's license disqualification).
321.24 	(c) If the test is of a person's blood or urine by a
321.25 	laboratory operated by the Bureau of Criminal Apprehension, or
321.26 	authorized by the bureau to conduct the analysis of a blood or
321.27 	urine sample, the laboratory may directly certify to the
321.28 	commissioner the test results, and the peace officer shall
321.29 	certify to the commissioner that there existed probable cause to
321.30 	believe the person had been driving, operating, or in physical
321.31 	control of a motor vehicle in violation of section 169A.20 and
321.32 	that the person submitted to a test.  Upon receipt of both
321.33 	certifications, the commissioner shall undertake the license
321.34 	actions described in paragraphs (a) and (b).
321.35 	
EFFECTIVE DATE. This section is effective August 1, 2006,
321.36 	and applies to blood and urine test samples analyzed on or after
322.1 	that date.

322.2 	Sec. 4. Minnesota Statutes 2004, section 169A.60,
322.3 	subdivision 10, is amended to read:
322.4 		Subd. 10.Petition for judicial review.  (a) Within 30
322.5 	days following receipt of a notice and order of impoundment
322.6 	under this section, a person may petition the court for review.
322.7 	The petition must include proof of service of a copy of the
322.8 	petition on the commissioner.The petition must include the
322.9 	petitioner's date of birth, driver's license number, and date of
322.10 	the plate impoundment violation, as well as the name of the
322.11 	violator and the law enforcement agency that issued the plate
322.12 	impoundment order.  The petition must state with specificity the
322.13 	grounds upon which the petitioner seeks rescission of the order
322.14 	for impoundment.  The petition may be combined with any petition
322.15 	filed under section 169A.53 (administrative and judicial review
322.16 	of license revocation).
322.17 	(b) Except as otherwise provided in this section, the
322.18 	judicial review and hearing are governed by section 169A.53 and
322.19 	must take place at the same time as any judicial review of the
322.20 	person's license revocation under section 169A.53.  The filing
322.21 	of the petition does not stay the impoundment order.  The
322.22 	reviewing court may order a stay of the balance of the
322.23 	impoundment period if the hearing has not been conducted within
322.24 	60 days after filing of the petition upon terms the court deems
322.25 	proper.  The court shall order either that the impoundment be
322.26 	rescinded or sustained, and forward the order to the
322.27 	commissioner.  The court shall file its order within 14 days
322.28 	following the hearing.
322.29 	(c) In addition to the issues described in section 169A.53,
322.30 	subdivision 3 (judicial review of license revocation), the scope
322.31 	of a hearing under this subdivision is limited to:
322.32 	(1) whether the violator owns, is the registered owner of,
322.33 	possesses, or has access to the vehicle used in the plate
322.34 	impoundment violation;
322.35 	(2) whether a member of the violator's household has a
322.36 	valid driver's license, the violator or registered owner has a
323.1 	limited license issued under section 171.30, the registered
323.2 	owner is not the violator, and the registered owner has a valid
323.3 	or limited driver's license, or a member of the registered
323.4 	owner's household has a valid driver's license; and 
323.5 	(3) if the impoundment is based on a plate impoundment
323.6 	violation described in subdivision 1, paragraph (c) (d), clause
323.7 	(3) or (4), whether the peace officer had probable cause to
323.8 	believe the violator committed the plate impoundment violation
323.9 	and whether the evidence demonstrates that the plate impoundment
323.10 	violation occurred; and 
323.11 	(2) for all other cases, whether the peace officer had
323.12 	probable cause to believe the violator committed the plate
323.13 	impoundment violation.
323.14 	(d) In a hearing under this subdivision, the following
323.15 	records are admissible in evidence:
323.16 	(1) certified copies of the violator's driving record; and
323.17 	(2) certified copies of vehicle registration records
323.18 	bearing the violator's name.
323.19 	
EFFECTIVE DATE. This section is effective August 1, 2005.

323.20 	Sec. 5. Minnesota Statutes 2004, section 169A.60,
323.21 	subdivision 11, is amended to read:
323.22 		Subd. 11.Rescission of revocation;and dismissal or
323.23 	acquittal; new plates.  If:
323.24 	(1) the driver's license revocation that is the basis for
323.25 	an impoundment order is rescinded; and 
323.26 	(2) the charges for the plate impoundment violation have
323.27 	been dismissed with prejudice;or
323.28 	(3) the violator has been acquitted of the plate
323.29 	impoundment violation;
323.30 	then the registrar of motor vehicles shall issue new
323.31 	registration plates for the vehicle at no cost, when the
323.32 	registrar receives an application that includes a copy of the
323.33 	order rescinding the driver's license revocation,and either the
323.34 	order dismissing the charges,or the judgment of acquittal.
323.35 	
EFFECTIVE DATE. This section is effective the day
323.36 	following final enactment.

324.1 	Sec. 6. Minnesota Statutes 2004, section 169A.63,
324.2 	subdivision 8, is amended to read:
324.3 		Subd. 8.Administrative forfeiture procedure.  (a) A
324.4 	motor vehicle used to commit a designated offense or used in
324.5 	conduct resulting in a designated license revocation is subject
324.6 	to administrative forfeiture under this subdivision.
324.7 	(b) When a motor vehicle is seized under subdivision 2, or
324.8 	within a reasonable time after seizure, the appropriate agency
324.9 	shall serve the driver or operator of the vehicle with a notice
324.10 	of the seizure and intent to forfeit the vehicle.  Additionally,
324.11 	when a motor vehicle is seized under subdivision 2, or within a
324.12 	reasonable time after that, all persons known to have an
324.13 	ownership, possessory, or security interest in the vehicle must
324.14 	be notified of the seizure and the intent to forfeit the
324.15 	vehicle.  For those vehicles required to be registered under
324.16 	chapter 168, the notification to a person known to have a
324.17 	security interest in the vehicle is required only if the vehicle
324.18 	is registered under chapter 168 and the interest is listed on
324.19 	the vehicle's title.  Notice mailed by certified mail to the
324.20 	address shown in Department of Public Safety records is
324.21 	sufficient notice to the registered owner of the vehicle.  For
324.22 	motor vehicles not required to be registered under chapter 168,
324.23 	notice mailed by certified mail to the address shown in the
324.24 	applicable filing or registration for the vehicle is sufficient
324.25 	notice to a person known to have an ownership, possessory, or
324.26 	security interest in the vehicle.  Otherwise, notice may be
324.27 	given in the manner provided by law for service of a summons in
324.28 	a civil action.
324.29 	(c) The notice must be in writing and contain:
324.30 	(1) a description of the vehicle seized;
324.31 	(2) the date of seizure; and
324.32 	(3) notice of the right to obtain judicial review of the
324.33 	forfeiture and of the procedure for obtaining that judicial
324.34 	review, printed in English, Hmong, and Spanish.  Substantially
324.35 	the following language must appear conspicuously:  "IF YOU DO
324.36 	NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
325.1 	STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO
325.2 	A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
325.3 	RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY.  YOU MAY NOT
325.4 	HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
325.5 	UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR
325.6 	LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT
325.7 	HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
325.8 	WORTH LESS THAN $500."
325.9 	(d) Within 30 days following service of a notice of seizure
325.10 	and forfeiture under this subdivision, a claimant may file a
325.11 	demand for a judicial determination of the forfeiture.  The
325.12 	demand must be in the form of a civil complaint and must be
325.13 	filed with the court administrator in the county in which the
325.14 	seizure occurred, together with proof of service of a copy of
325.15 	the complaint on the prosecuting authority having jurisdiction
325.16 	over the forfeiture,and the appropriate agency that initiated
325.17 	the forfeiture, including the standard filing fee for civil
325.18 	actions unless the petitioner has the right to sue in forma
325.19 	pauperis under section 563.01.  If the value of the seized
325.20 	property is $7,500 or less, the claimant may file an action in
325.21 	conciliation court for recovery of the seized vehicle.  A copy
325.22 	of the conciliation court statement of claim must be served
325.23 	personally or by mail on the prosecuting authority having
325.24 	jurisdiction over the forfeiture, as well as on the appropriate
325.25 	agency that initiated the forfeiture,within 30 days following
325.26 	service of the notice of seizure and forfeiture under this
325.27 	subdivision.  If the value of the seized property is less than
325.28 	$500, the claimant does not have to pay the conciliation court
325.29 	filing fee.
325.30 	No responsive pleading is required of the prosecuting
325.31 	authority and no court fees may be charged for the prosecuting
325.32 	authority's appearance in the matter. The prosecuting authority
325.33 	may appear for the appropriate agency.Pleadings, filings, and
325.34 	methods of service are governed by the Rules of Civil Procedure.
325.35 	(e) The complaint must be captioned in the name of the
325.36 	claimant as plaintiff and the seized vehicle as defendant, and
326.1 	must state with specificity the grounds on which the claimant
326.2 	alleges the vehicle was improperly seized, the claimant's
326.3 	interest in the vehicle seized, and any affirmative defenses the
326.4 	claimant may have.  Notwithstanding any law to the contrary, an
326.5 	action for the return of a vehicle seized under this section may
326.6 	not be maintained by or on behalf of any person who has been
326.7 	served with a notice of seizure and forfeiture unless the person
326.8 	has complied with this subdivision.
326.9 	(f) If the claimant makes a timely demand for a judicial
326.10 	determination under this subdivision, the forfeiture proceedings
326.11 	must be conducted as provided under subdivision 9.
326.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
326.13 	and applies to forfeiture actions initiated on or after that
326.14 	date.

326.15 	Sec. 7. Minnesota Statutes 2004, section 169A.70,
326.16 	subdivision 3, is amended to read:
326.17 		Subd. 3.Assessment report.  (a) The assessment report
326.18 	must be on a form prescribed by the commissioner and shall
326.19 	contain an evaluation of the convicted defendant concerning the
326.20 	defendant's prior traffic and criminal record, characteristics
326.21 	and history of alcohol and chemical use problems, and
326.22 	amenability to rehabilitation through the alcohol safety
326.23 	program.  The report is classified as private data on
326.24 	individuals as defined in section 13.02, subdivision 12.
326.25 	(b) The assessment report must include:
326.26 	(1) a diagnosis of the nature of the offender's chemical
326.27 	and alcohol involvement;
326.28 	(2) an assessment of the severity level of the involvement;
326.29 	(3) a recommended level of care for the offender in
326.30 	accordance with the criteria contained in rules adopted by the
326.31 	commissioner of human services under section 254A.03,
326.32 	subdivision 3 (chemical dependency treatment rules);
326.33 	(4) an assessment of the offender's placement needs;
326.34 	(2) (5) recommendations for other appropriate remedial
326.35 	action or care, including aftercare services in section 254B.01,
326.36 	subdivision 3,that may consist of educational programs,
327.1 	one-on-one counseling, a program or type of treatment that
327.2 	addresses mental health concerns, or a combination of them; or 
327.3 	and 
327.4 	(3) (6) a specific explanation why no level of care or
327.5 	action was recommended, if applicable.
327.6 	
EFFECTIVE DATE. This section is effective August 1, 2005,
327.7 	and applies to chemical use assessments made on or after that
327.8 	date.

327.9 	Sec. 8. Minnesota Statutes 2004, section 169A.70, is
327.10 	amended by adding a subdivision to read:
327.11 		Subd. 6.Method of assessment. (a) As used in this
327.12 	subdivision, "collateral contact" means an oral or written
327.13 	communication initiated by an assessor for the purpose of
327.14 	gathering information from an individual or agency, other than
327.15 	the offender, to verify or supplement information provided by
327.16 	the offender during an assessment under this section.  The term
327.17 	includes contacts with family members and criminal justice
327.18 	agencies.
327.19 	(b) An assessment conducted under this section must include
327.20 	at least one personal interview with the offender designed to
327.21 	make a determination about the extent of the offender's past and
327.22 	present chemical and alcohol use or abuse.  It must also include
327.23 	collateral contacts and a review of relevant records or reports
327.24 	regarding the offender including, but not limited to, police
327.25 	reports, arrest reports, driving records, chemical testing
327.26 	records, and test refusal records.  If the offender has a
327.27 	probation officer, the officer must be the subject of a
327.28 	collateral contact under this subdivision.  If an assessor is
327.29 	unable to make collateral contacts, the assessor shall specify
327.30 	why collateral contacts were not made.
327.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
327.32 	and applies to chemical use assessments made on or after that
327.33 	date.

327.34 	Sec. 9. Minnesota Statutes 2004, section 169A.70, is
327.35 	amended by adding a subdivision to read:
327.36 		Subd. 7.Preconviction assessment. (a) The court may not
328.1 	accept a chemical use assessment conducted before conviction as
328.2 	a substitute for the assessment required by this section unless
328.3 	the court ensures that the preconviction assessment meets the
328.4 	standards described in this section.
328.5 	(b) If the commissioner of public safety is making a
328.6 	decision regarding reinstating a person's driver's license based
328.7 	on a chemical use assessment, the commissioner shall ensure that
328.8 	the assessment meets the standards described in this section.
328.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
328.10 	and applies to chemical use assessments made on or after that
328.11 	date.

328.12 	Sec. 10. Minnesota Statutes 2004, section 171.09, is
328.13 	amended to read:
328.14 	171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.
328.15 		Subdivision 1.Authority; violations. (a) The
328.16 	commissioner shall have the authority, when good cause appears,
328.17 	to impose restrictions suitable to the licensee's driving
328.18 	ability or such other restrictions applicable to the licensee as
328.19 	the commissioner may determine to be appropriate to assure the
328.20 	safe operation of a motor vehicle by the licensee.  The
328.21 	commissioner may, upon receiving satisfactory evidence of any
328.22 	violation of the restrictions of the license, suspend or revoke
328.23 	the license.  A license suspension under this section is subject
328.24 	to section 171.18, subdivisions 2 and 3.
328.25 	(b) A person who drives, operates, or is in physical
328.26 	control of a motor vehicle while in violation of the
328.27 	restrictions imposed in a restricted driver's license issued to
328.28 	that person under paragraph (a) is guilty of a crime as follows:
328.29 	(1) if the restriction relates to the possession or
328.30 	consumption of alcohol or controlled substances, the person is
328.31 	guilty of a gross misdemeanor; or
328.32 	(2) if the restriction relates to another matter, the
328.33 	person is guilty of a misdemeanor.
328.34 		Subd. 2.No alcohol restriction; time limit. (a) The
328.35 	commissioner must rescind a license restriction imposed upon a
328.36 	licensee under subdivision 1 stating that the person must
329.1 	abstain from alcohol, if 10 years have passed since the date the
329.2 	restriction was imposed and the person has not incurred an
329.3 	impaired driving conviction or impaired driving-related loss of
329.4 	license for a driving incident occurring during that time period.
329.5 	(b) For purposes of this section, the terms "impaired
329.6 	driving conviction" and "impaired driving-related loss of
329.7 	license" have the meanings given to these terms in section
329.8 	169A.03, subdivisions 20 and 21.
329.9 	
EFFECTIVE DATE. This section is effective July 1, 2005.

329.10 	Sec. 11. Minnesota Statutes 2004, section 171.20,
329.11 	subdivision 4, is amended to read:
329.12 		Subd. 4.Reinstatement fee.  (a) Before the license is
329.13 	reinstated, (1) a person whose driver's license has been
329.14 	suspended under section 171.16, subdivision subdivisions 2 and
329.15 	3; 171.18, except subdivision 1, clause (10); or 171.182, or who
329.16 	has been disqualified from holding a commercial driver's license
329.17 	under section 171.165, and (2) a person whose driver's license
329.18 	has been suspended under section 171.186 and who is not exempt
329.19 	from such a fee, must pay a fee of $20.
329.20 	(b) Before the license is reinstated, a person whose
329.21 	license has been suspended under sections 169.791 to 169.798
329.22 	must pay a $20 reinstatement fee.
329.23 	(c) When fees are collected by a licensing agent appointed
329.24 	under section 171.061, a handling charge is imposed in the
329.25 	amount specified under section 171.061, subdivision 4.  The
329.26 	reinstatement fee and surcharge must be deposited in an approved
329.27 	state depository as directed under section 171.061, subdivision
329.28 	4.
329.29 	(d) Reinstatement fees collected under paragraph (a) for
329.30 	suspensions under sections 171.16, subdivision 3, and 171.18,
329.31 	subdivision 1, clause (10), shall be deposited in the special
329.32 	revenue fund and are appropriated to the Peace Officer Standards
329.33 	and Training Board for peace officer training reimbursement to
329.34 	local units of government.
329.35 	(e) A suspension may be rescinded without fee for good
329.36 	cause.
330.1 	
EFFECTIVE DATE. This section is effective July 1, 2005.

330.2 	Sec. 12. Minnesota Statutes 2004, section 171.26, is
330.3 	amended to read:
330.4 	171.26 MONEY CREDITED TO FUNDS.
330.5 	All money received under this chapter must be paid into the
330.6 	state treasury and credited to the trunk highway fund, except as
330.7 	provided in sections 171.06, subdivision 2a; 171.07, subdivision
330.8 	11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4,
330.9 	paragraph (d);and 171.29, subdivision 2, paragraph (b).

330.10 	EFFECTIVE DATE. This section is effective July 1, 2005.

330.11 	Sec. 13. Minnesota Statutes 2004, section 171.30,
330.12 	subdivision 2a, is amended to read:
330.13 		Subd. 2a.Other waiting periods.  Notwithstanding
330.14 	subdivision 2, a limited license shall not be issued for a
330.15 	period of:
330.16 	(1) 15 days, to a person whose license or privilege has
330.17 	been revoked or suspended for a violation of section 169A.20,
330.18 	sections 169A.50 to 169A.53, or a statute or ordinance from
330.19 	another state in conformity with either of those sections;
330.20 	(2) 90 days, to a person who submitted to testing under
330.21 	sections 169A.50 to 169A.53 if the person's license or privilege
330.22 	has been revoked or suspended for a second violation within ten
330.23 	years or a third or subsequent violation of section 169A.20,
330.24 	sections 169A.50 to 169A.53, or a statute or ordinance from
330.25 	another state in conformity with either of those sections;
330.26 	(3) 180 days, to a person who refused testing under
330.27 	sections 169A.50 to 169A.53 if the person's license or privilege
330.28 	has been revoked or suspended for a second violation within ten
330.29 	years or a third or subsequent violation of sections 169A.20,
330.30 	169A.50 to 169A.53, or a statute or ordinance from another state
330.31 	in conformity with either of those sections; or
330.32 	(4) one year, to a person whose license or privilege has
330.33 	been revoked or suspended for committing manslaughter resulting
330.34 	from the operation of a motor vehicle, committing criminal
330.35 	vehicular homicide or injury under section 609.21, or violating
330.36 	a statute or ordinance from another state in conformity with
331.1 	either of those offenses.

331.2 	Sec. 14. REPEALER.
 331.3 	Laws 2004, chapter 283, section 14, is repealed.

331.4 	EFFECTIVE DATE. This section is effective the day
331.5 	following final enactment.

331.6 	ARTICLE 19
331.7 	OPTION B FROM HOUSE RESOLUTION 8

331.8 	Section 1. PUBLIC SAFETY APPROPRIATIONS.
 331.9 	These amounts are in addition to the appropriations in
331.10 	Article 1 and are only effective if the house of representatives
331.11 	passes H.F. 1664.  The sums shown in the columns marked
331.12 	"APPROPRIATIONS" are appropriated from the general fund, or
331.13 	another named fund, to the agencies and for the purposes
331.14 	specified in this act, to be available for the fiscal years
331.15 	indicated for each purpose.  The figures "2006" and "2007,"
331.16 	where used in this act, mean that the appropriation or
331.17 	appropriations listed under them are available for the year
331.18 	ending June 30, 2006, or June 30, 2007, respectively.  The term
331.19 	"first year" means the fiscal year ending June 30, 2006, and the
331.20 	term "second year" means the fiscal year ending June 30, 2007.
331.21 	APPROPRIATIONS
331.22 	                                       Available for the Year
331.23 	                                           Ending June 30
331.24 	                                          2006         2007

331.25 	Sec. 2. CORRECTIONS                 $ 2,000,000    $ 2,000,000
 331.26 	[METHAMPHETAMINE TREATMENT GRANTS.]
331.27 	$750,000 each year is for
331.28 	methamphetamine treatment grants to
331.29 	counties.
331.30 	[METHAMPHETAMINE LAW ENFORCEMENT AND
331.31 	SUPERVISION GRANTS.] $750,000 each year
331.32 	is for methamphetamine enforcement and
331.33 	supervision aid grants to counties.
331.34 	[SHORT-TERM OFFENDERS.] $500,000 each
331.35 	year is appropriated to the
331.36 	commissioner of corrections for costs
331.37 	associated with the housing and care of
331.38 	short-term offenders.  The commissioner
331.39 	may use up to 20 percent of the total
331.40 	amount of the appropriation for
331.41 	inpatient medical care for short-term
331.42 	offenders with less than six months to
331.43 	serve as affected by Minnesota
331.44 	Statutes, section 609.105, as amended
331.45 	by Laws 2003, First Special Session
331.46 	chapter 2, article 5, sections 7 to 9.
331.47 	The commissioner shall establish and
332.1 	implement policy governing the
332.2 	admission, housing, medical care, and
332.3 	release of this population.  All funds
332.4 	remaining at the end of the fiscal year
332.5 	not expended for inpatient medical care
332.6 	shall be added to and distributed with
332.7 	the housing funds.  These funds shall
332.8 	be distributed proportionately based on
332.9 	the total number of days short-term
332.10 	offenders are placed locally, not to
332.11 	exceed $70 per day.  Short-term
332.12 	offenders may be housed in a state
332.13 	correctional facility at the discretion
332.14 	of the commissioner.  The Department of
332.15 	Corrections is exempt from the state
332.16 	contracting process for the purposes of
332.17 	Minnesota Statutes, section 609.105, as
332.18 	amended by Laws 2003, First Special
332.19 	Session chapter 2, article 5, sections
332.20 	7 to 9.

332.21 	Sec. 3. PUBLIC SAFETY                   400,000        100,000
 332.22 	[HOMELESS OUTREACH GRANTS.] $300,000 in
332.23 	fiscal year 2006 is for a onetime
332.24 	appropriation to the commissioner of
332.25 	public safety to issue grants to
332.26 	organizations that provide homeless
332.27 	outreach and a bridge to stable housing
332.28 	and services to homeless Minnesotans.
332.29 	[YOUTH INTERVENTION GRANTS.] $100,000
332.30 	each year is for youth intervention
332.31 	programs currently under Minnesota
332.32 	Statutes, section 116L.30 but to be
332.33 	transferred to section 299A.73.  This
332.34 	money must be used to help existing
332.35 	programs serve unmet needs in their
332.36 	communities, and to create new programs
332.37 	in underserved areas of the state.