SF 2273

2nd Engrossment - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to criminal justice; appropriating money for 
  1.3             the courts, public defenders, public safety, 
  1.4             corrections, and other criminal justice agencies; 
  1.5             establishing, funding, modifying, and regulating 
  1.6             public safety, criminal justice, judiciary, law 
  1.7             enforcement, corrections, crime victims, and CriMNet 
  1.8             policies, programs, duties, activities, or practices; 
  1.9             requiring studies and reports; imposing criminal and 
  1.10            civil penalties; setting or increasing fines, 
  1.11            surcharges, and fees; amending Minnesota Statutes 
  1.12            2004, sections 14.03, subdivision 3; 152.01, 
  1.13            subdivision 10; 152.021, subdivisions 2a, 3; 168A.05, 
  1.14            subdivision 3; 171.06, by adding a subdivision; 
  1.15            171.20, subdivision 4; 171.26; 237.70, subdivision 7; 
  1.16            241.06; 241.67, subdivisions 7, 8; 243.166; 243.167; 
  1.17            244.04, subdivision 1; 244.05, subdivisions 2, 4, 5, 
  1.18            6, 7; 244.052, subdivisions 3, 4, by adding a 
  1.19            subdivision; 244.09, subdivision 11; 244.10, 
  1.20            subdivision 2a, by adding a subdivision; 244.18, 
  1.21            subdivision 2; 253B.08, subdivision 1; 253B.18, 
  1.22            subdivision 5, by adding a subdivision; 260C.171, by 
  1.23            adding a subdivision; 299A.38, subdivisions 2, 2a, 3; 
  1.24            299C.65, subdivisions 1, 2, 5, by adding a 
  1.25            subdivision; 340A.301, subdivision 6; 340A.302, 
  1.26            subdivision 3; 340A.311; 340A.404, subdivision 12; 
  1.27            340A.408, subdivision 4; 340A.414, subdivision 6; 
  1.28            340A.504, subdivisions 3, 7; 357.021, subdivisions 2, 
  1.29            6, 7; 357.18; 403.02, subdivisions 7, 13, 17, by 
  1.30            adding a subdivision; 403.025, subdivisions 3, 7; 
  1.31            403.05, subdivision 3; 403.07, subdivision 3; 403.08, 
  1.32            subdivision 10; 403.11, subdivisions 1, 3, 3a; 
  1.33            403.113, subdivision 1; 403.27, subdivisions 1, 3; 
  1.34            403.30, subdivision 1; 505.08, subdivision 2; 508.82; 
  1.35            508A.82; 515B.1-116; 518B.01, subdivision 22; 604.15, 
  1.36            subdivision 2, by adding a subdivision; 609.108, 
  1.37            subdivisions 1, 3, 4, 6; 609.109, subdivisions 2, 5; 
  1.38            609.1095, subdivision 1; 609.115, by adding a 
  1.39            subdivision; 609.117, subdivisions 1, 2; 609.119; 
  1.40            609.1351; 609.185; 609.223, by adding a subdivision; 
  1.41            609.2231, by adding a subdivision; 609.229, 
  1.42            subdivision 3; 609.321, subdivisions 1, 7, by adding 
  1.43            subdivisions; 609.325, by adding a subdivision; 
  1.44            609.341, subdivision 14, by adding a subdivision; 
  1.45            609.342, subdivisions 2, 3; 609.343, subdivisions 2, 
  1.46            3; 609.344, subdivisions 2, 3; 609.345, subdivisions 
  2.1             2, 3; 609.3452, subdivision 1; 609.347; 609.3471; 
  2.2             609.348; 609.353; 609.485, subdivisions 2, 4; 609.50, 
  2.3             subdivision 1; 609.527, subdivisions 1, 3, 4, 6, by 
  2.4             adding a subdivision; 609.531, subdivision 1; 
  2.5             609.5315, subdivision 1, by adding a subdivision; 
  2.6             609.746, subdivision 1; 609.748, subdivisions 2, 3a; 
  2.7             609.749, subdivision 2; 609.79, subdivision 2; 
  2.8             609.795, by adding a subdivision; 617.81, subdivision 
  2.9             4, by adding a subdivision; 617.85; 626.556, 
  2.10            subdivision 3; 628.26; 631.045; proposing coding for 
  2.11            new law in Minnesota Statutes, chapters 152; 237; 243; 
  2.12            244; 299A; 299C; 325F; 357; 403; 609; repealing 
  2.13            Minnesota Statutes 2004, sections 18C.005, 
  2.14            subdivisions 1a, 35a; 18C.201, subdivisions 6, 7; 
  2.15            18D.331, subdivision 5; 243.166, subdivisions 1, 8; 
  2.16            299A.68; 299C.65, subdivisions 3, 4, 6, 7, 8, 8a, 9; 
  2.17            386.30; 403.30, subdivision 3; 609.108, subdivision 2; 
  2.18            609.109, subdivision 7; 609.725.  
  2.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.20                             ARTICLE 1 
  2.21                    PUBLIC SAFETY APPROPRIATIONS 
  2.22  Section 1.  [APPROPRIATIONS.] 
  2.23     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.24  added to or, if shown in parentheses, are subtracted from the 
  2.25  appropriations to the specified agencies in 2005 S.F. No. 1879, 
  2.26  article 9, if enacted.  The appropriations are from the general 
  2.27  fund, unless another fund is named, and are available for the 
  2.28  fiscal year indicated for each purpose.  The figures "2006" and 
  2.29  "2007," where used in this article, mean that the additions to 
  2.30  or subtractions from the appropriations listed under them are 
  2.31  for the fiscal year ending June 30, 2006, or June 30, 2007, 
  2.32  respectively.  The term "first year" means the fiscal year 
  2.33  ending June 30, 2006, and the term "second year" means the 
  2.34  fiscal year ending June 30, 2007. 
  2.35                          SUMMARY BY FUND 
  2.36                            2006          2007           TOTAL
  2.37  GENERAL              $ 46,268,000    $52,239,000   $ 98,507,000
  2.38  STATE GOVERNMENT 
  2.39  SPECIAL REVENUE        16,368,000     16,688,000     33,056,000
  2.40  SPECIAL REVENUE         1,400,000      1,400,000      2,800,000
  2.41  BOND PROCEEDS          62,500,000        -0-         62,500,000
  2.42  TOTAL                $126,536,000    $70,327,000   $196,863,000
  2.43                                             APPROPRIATIONS 
  2.44                                         Available for the Year 
  2.45                                             Ending June 30 
  2.46                                            2006         2007 
  3.1   Sec. 2.  SUPREME COURT               $ 6,090,000    $ 6,041,000
  3.2   [CASELOAD INCREASES.] $1,090,000 the 
  3.3   first year and $1,041,000 the second 
  3.4   year are for caseload increases.  
  3.5   [CIVIL LEGAL SERVICES.] $5,000,000 each 
  3.6   year is for legal services under 
  3.7   Minnesota Statutes, sections 480.24 to 
  3.8   480.244.  
  3.9   [PROHIBITION ON USE OF APPROPRIATIONS 
  3.10  FOR JUDICIAL SALARY INCREASES.] No 
  3.11  portion of these appropriations may be 
  3.12  used for judicial salary increases.  
  3.13  Sec. 3.  COURT OF APPEALS                250,000        250,000 
  3.14  For caseload increases. 
  3.15  [PROHIBITION ON USE OF APPROPRIATIONS 
  3.16  FOR JUDICIAL SALARY INCREASES.] No 
  3.17  portion of these appropriations may be 
  3.18  used for judicial salary increases.  
  3.19  Sec. 4.  DISTRICT COURTS               9,275,000     11,592,000 
  3.20  [CASELOAD INCREASES.] $6,671,000 each 
  3.21  year is for caseload increases.  
  3.22  [SEX AND METHAMPHETAMINE OFFENSES.] 
  3.23  $3,600,000 the first year and 
  3.24  $7,200,000 the second year are for the 
  3.25  sex and methamphetamine offense 
  3.26  sentencing changes made in this act. 
  3.27  [SPECIALTY COURTS.] $250,000 each year 
  3.28  is to develop or expand specialty 
  3.29  courts such as drug courts and mental 
  3.30  health courts.  
  3.31  By January 15, 2008, the state court 
  3.32  administrator shall report to the 
  3.33  chairs and ranking minority members of 
  3.34  the senate and house committees and 
  3.35  divisions having jurisdiction over 
  3.36  criminal justice policy and funding on 
  3.37  how this money was used.  
  3.38  [PROHIBITION ON USE OF APPROPRIATIONS 
  3.39  FOR JUDICIAL SALARY INCREASES.] No 
  3.40  portion of these appropriations may be 
  3.41  used for judicial salary increases.  
  3.42  Sec. 5.  UNIFORM LAWS COMMISSION           5,000          5,000  
  3.43  For national conference dues.  
  3.44  Sec. 6.  BOARD OF PUBLIC DEFENSE       5,495,000      9,295,000 
  3.45  [CASELOAD INCREASES.] $1,695,000 each 
  3.46  year is for caseload increases.  
  3.47  [SEX AND METHAMPHETAMINE OFFENSES.] 
  3.48  $3,800,000 the first year and 
  3.49  $7,600,000 the second year are for the 
  3.50  sex and methamphetamine offense 
  3.51  sentencing changes made in this act.  
  3.52  Sec. 7.  PUBLIC SAFETY 
  4.1   Subdivision 1.  Total 
  4.2   Appropriation                         90,418,000     28,285,000
  4.3                 Summary by Fund
  4.4   General              10,150,000    10,197,000
  4.5   State Government 
  4.6   Special Revenue      16,368,000    16,688,000
  4.7   Special Revenue       1,400,000     1,400,000
  4.8   Bond Proceeds        62,500,000        -0- 
  4.9   [AGENCYWIDE ADMINISTRATIVE 
  4.10  CUT.]                                   (270,000)      (270,000)
  4.11  This is an agencywide administrative 
  4.12  cut.  
  4.13  [APPROPRIATIONS FOR PROGRAMS.] The 
  4.14  amounts that may be spent from this 
  4.15  appropriation for each program are 
  4.16  specified in the following subdivisions.
  4.17  Subd. 2.  Criminal Apprehension        4,976,000      5,023,000 
  4.18  [AUTOMATED FINGERPRINT IDENTIFICATION 
  4.19  SYSTEM.] $1,533,000 the first year and 
  4.20  $2,318,000 the second year are to 
  4.21  replace the automated fingerprint 
  4.22  identification system (AFIS). 
  4.23  [PREDATORY OFFENDER REGISTRATION 
  4.24  SYSTEM.] $1,146,000 the first year and 
  4.25  $564,000 the second year are to upgrade 
  4.26  the predatory offender registration 
  4.27  (POR) system and to increase the 
  4.28  monitoring and tracking of registered 
  4.29  offenders who become noncompliant with 
  4.30  the law. 
  4.31  [CRIMINAL JUSTICE INFORMATION SYSTEMS 
  4.32  (CJIS) AUDIT TRAIL.] $374,000 the first 
  4.33  year and $203,000 the second year are 
  4.34  for the Criminal Justice Information 
  4.35  Systems (CJIS) audit trail. 
  4.36  [DNA ANALYSIS OF FELON OFFENDERS.] 
  4.37  $857,000 the first year and $869,000 
  4.38  the second year are to fund the 
  4.39  analyses of biological samples from 
  4.40  felon offenders. 
  4.41  [LIVESCAN.] $66,000 the first year and 
  4.42  $69,000 the second year are to fund the 
  4.43  ongoing costs of Livescan. 
  4.44  [TEN NEW AGENTS.] $1,000,000 each year 
  4.45  is for ten Bureau of Criminal 
  4.46  Apprehension agents to be assigned 
  4.47  exclusively to methamphetamine 
  4.48  enforcement, including the 
  4.49  investigation of manufacturing and 
  4.50  distributing methamphetamine and 
  4.51  related violence.  These appropriations 
  4.52  are intended to increase the current 
  4.53  allocation of Bureau of Criminal 
  4.54  Apprehension resources dedicated to 
  4.55  methamphetamine enforcement.  Positions 
  4.56  funded by these appropriations may not 
  5.1   supplant existing agent assignments or 
  5.2   positions. 
  5.3   Subd. 3.  Fire Marshal                   600,000        600,000
  5.4   Subd. 4.  Office of Justice 
  5.5   Programs                                6,244,000      6,244,000
  5.6                 Summary by Fund
  5.7   General               4,844,000     4,844,000
  5.8   Special Revenue       1,400,000     1,400,000
  5.9   [CRIME VICTIM ASSISTANCE GRANTS 
  5.10  INCREASE.] $1,270,000 each year is to 
  5.11  increase funding for crime victim 
  5.12  assistance grants for abused children, 
  5.13  sexual assault, battered women, and 
  5.14  general crime victims.  
  5.15  [BATTERED WOMEN'S SHELTER GRANTS.] 
  5.16  $1,000,000 each year is to increase 
  5.17  funding for battered women's shelters 
  5.18  under Minnesota Statutes, section 
  5.19  611A.32, and for safe houses.  
  5.20  [GANG STRIKE FORCE.] $2,374,000 each 
  5.21  year is for the criminal gang strike 
  5.22  force.  
  5.23  The superintendent of the Bureau of 
  5.24  Criminal Apprehension shall convene a 
  5.25  working group of stakeholders 
  5.26  representing the multijurisdictional 
  5.27  narcotics task forces in operation in 
  5.28  Minnesota, the Criminal Gang Oversight 
  5.29  Council and Strike Force, and other 
  5.30  individuals knowledgeable in narcotics 
  5.31  and gang issues.  The working group 
  5.32  shall review the operational structure 
  5.33  and organization of the narcotics task 
  5.34  forces and Criminal Gang Oversight 
  5.35  Council and Strike Force, the 
  5.36  legislative authority and laws 
  5.37  governing them, and any needs related 
  5.38  to them.  In addition, the working 
  5.39  group shall recommend whether a merger 
  5.40  of these entities is advisable.  By 
  5.41  January 15, 2006, the superintendent 
  5.42  shall report the working group's 
  5.43  findings and recommendations to the 
  5.44  chairs and ranking minority members of 
  5.45  the senate and house committees and 
  5.46  divisions having jurisdiction over 
  5.47  criminal justice policy and funding.  
  5.48  If the working group recommends a 
  5.49  merger, the report must include 
  5.50  legislation to accomplish this and, at 
  5.51  a minimum, address:  methods to ensure 
  5.52  that the current focus on criminal 
  5.53  gangs is not lost in any merger; how 
  5.54  money will be allocated between 
  5.55  narcotics and gang enforcement within 
  5.56  any merged entity; and data privacy 
  5.57  issues related to the merger. 
  5.58  [MINNESOTA FINANCIAL CRIMES TASK 
  5.59  FORCE.] $1,400,000 each year is from 
  5.60  the Minnesota Financial Crimes 
  5.61  Oversight Council account in Minnesota 
  6.1   Statutes, section 299A.68, subdivision 
  6.2   10, for the Minnesota Financial Crimes 
  6.3   Task Force.  
  6.4   [HOMELESSNESS PILOT PROJECTS.] $200,000 
  6.5   each year is for the homelessness pilot 
  6.6   projects described in article 9, 
  6.7   section 34. 
  6.8   [ADMINISTRATION COSTS.] Up to 2.5 
  6.9   percent of the grant funds appropriated 
  6.10  in this subdivision may be used to 
  6.11  administer the grant program. 
  6.12  Subd. 5.  911 Emergency 
  6.13  Services/ARMER                        16,368,000     16,688,000 
  6.14  This appropriation is from the state 
  6.15  government special revenue fund for 911 
  6.16  emergency telecommunications services. 
  6.17  The total appropriation for this 
  6.18  purpose, consisting of this 
  6.19  appropriation plus the appropriation in 
  6.20  2005 S.F. No. 1879, article 9, section 
  6.21  9, subdivision 7, if enacted, must be 
  6.22  spent as provided in this subdivision.  
  6.23  $3,442,000 the first year and 
  6.24  $3,064,000 the second year are to fund 
  6.25  a deficiency due to prior year 
  6.26  obligations under Minnesota Statutes, 
  6.27  section 403.11, that were estimated in 
  6.28  the December 2004 911 fund statement to 
  6.29  be $6,504,700 on July 1, 2005.  "Prior 
  6.30  year obligations" means reimbursable 
  6.31  costs under Minnesota Statutes, section 
  6.32  403.11, subdivision 1, incurred under 
  6.33  the terms and conditions of a contract 
  6.34  with the state for a fiscal year 
  6.35  preceding fiscal year 2004, that have 
  6.36  been certified in a timely manner in 
  6.37  accordance with Minnesota Statutes, 
  6.38  section 403.11, subdivision 3a, and 
  6.39  that are not barred by statute of 
  6.40  limitation or other defense.  The 
  6.41  appropriations needed for this purpose 
  6.42  are estimated to be none in fiscal year 
  6.43  2008 and thereafter. 
  6.44  $13,640,000 the first year and 
  6.45  $13,664,000 the second year are to be 
  6.46  distributed as provided in Minnesota 
  6.47  Statutes, section 403.113, subdivision 
  6.48  2.  This appropriation may only be used 
  6.49  for public safety answering points that 
  6.50  have implemented phase two wireless 
  6.51  enhanced 911 service or whose 
  6.52  governmental agency has made a binding 
  6.53  commitment to the commissioner of 
  6.54  public safety to implement phase two 
  6.55  wireless enhanced 911 service by 
  6.56  January 1, 2008.  If revenue to the 
  6.57  account is insufficient to support all 
  6.58  appropriations from the account for a 
  6.59  fiscal year, this appropriation takes 
  6.60  priority over other appropriations, 
  6.61  except the open appropriation in 
  6.62  Minnesota Statutes, section 403.30, 
  6.63  subdivision 1, for debt service on 
  6.64  bonds previously sold.  
  7.1   $682,000 the first year and $683,000 
  7.2   the second year are for grants to the 
  7.3   Minnesota Emergency Medical Services 
  7.4   Regulatory Board for the Metro East and 
  7.5   Metro West Medical Resource 
  7.6   Communication Centers that were in 
  7.7   operation before January 1, 2000. 
  7.8   $6,138,000 the first year and 
  7.9   $6,149,000 the second year are to the 
  7.10  commissioner of finance to pay debt 
  7.11  service on revenue bonds issued under 
  7.12  Minnesota Statutes, section 403.275.  
  7.13  Any portion of this appropriation not 
  7.14  needed to pay debt service in a fiscal 
  7.15  year may be used by the commissioner of 
  7.16  public safety to pay cash for any of 
  7.17  the capital improvements for which bond 
  7.18  proceeds have been appropriated in 
  7.19  subdivision 6. 
  7.20  Subd. 6.  800 MHz Public Safety  
  7.21  Radio and Communication System        62,500,000               
  7.22  The appropriations in this subdivision 
  7.23  are from the 911 revenue bond proceeds 
  7.24  account to the commissioner of public 
  7.25  safety for the purposes indicated, to 
  7.26  be available until the project is 
  7.27  completed or abandoned, subject to 
  7.28  Minnesota Statutes, section 16A.642. 
  7.29  (a) Phase 2 Subsystems                 8,000,000               
  7.30  For a grant to the Metropolitan 
  7.31  Emergency Services Board to pay up to 
  7.32  50 percent of the cost to a local 
  7.33  government unit of building a subsystem 
  7.34  as part of the second phase of the 
  7.35  public safety radio and communication 
  7.36  system plan under Minnesota Statutes, 
  7.37  section 403.36. 
  7.38  (b) Phase 3 System Backbone           45,000,000               
  7.39  For the Statewide Radio Board to 
  7.40  construct the system backbone in the 
  7.41  third phase of the public safety radio 
  7.42  and communication system plan under 
  7.43  Minnesota Statutes, section 403.36. 
  7.44  (c) Phase 3 Subsystems                 9,500,000               
  7.45  To reimburse local units of government 
  7.46  for up to 50 percent of the cost of 
  7.47  building a subsystem of the public 
  7.48  safety radio and communication system 
  7.49  established under Minnesota Statutes, 
  7.50  section 403.36, in the southeast or 
  7.51  central district of the State Patrol. 
  7.52  (d) Bond Sale Authorization 
  7.53  To provide the money appropriated in 
  7.54  this subdivision, the commissioner of 
  7.55  finance shall sell and issue bonds of 
  7.56  the state in an amount up to 
  7.57  $62,500,000 in the manner, upon the 
  7.58  terms, and with the effect prescribed 
  7.59  by Minnesota Statutes, section 403.275. 
  8.1   Sec. 8.  BOARD OF PEACE OFFICER 
  8.2   STANDARDS AND TRAINING                   211,000         71,000
  8.3   [OPERATION OF BOARD.] $71,000 each year 
  8.4   is for the board's continued operation. 
  8.5   [TECHNOLOGICAL UPDATES.] $140,000 the 
  8.6   first year is for technological updates.
  8.7   [NOT INCLUDED IN BASE BUDGET.] These 
  8.8   appropriations are not added to the 
  8.9   board's base budget.  
  8.10  Sec. 9.  CORRECTIONS 
  8.11  Subdivision 1.  Total 
  8.12  Appropriation                         14,785,000     14,788,000
  8.13  [APPROPRIATIONS FOR PROGRAMS.] The 
  8.14  amounts that may be spent from this 
  8.15  appropriation for each program are 
  8.16  specified in the following subdivisions.
  8.17  Subd. 2.  Correctional 
  8.18  Institutions                           6,534,000      6,537,000
  8.19  Notwithstanding any law to the 
  8.20  contrary, the commissioner may use per 
  8.21  diems collected under contracts for 
  8.22  beds at MCF-Rush City to operate the 
  8.23  state correctional system.  
  8.24  [LEVEL III OFFENDER TRACKING AND 
  8.25  APPREHENSION.] $70,000 each year is to 
  8.26  track and apprehend level III predatory 
  8.27  offenders. 
  8.28  [SEX OFFENDER TREATMENT AND 
  8.29  TRANSITIONAL SERVICES.] $1,500,000 each 
  8.30  year is for sex offender treatment and 
  8.31  transitional services. 
  8.32  [HEALTH SERVICES.] $3,016,000 the first 
  8.33  year and $3,015,000 the second year are 
  8.34  for health services. 
  8.35  [SEX AND METHAMPHETAMINE OFFENSES.] 
  8.36  $1,373,000 the first year and 
  8.37  $1,377,000 the second year are for the 
  8.38  sex and methamphetamine offense 
  8.39  sentencing changes made in this act. 
  8.40  [CHEMICAL DEPENDENCY TREATMENT.] 
  8.41  $1,500,000 each year is for chemical 
  8.42  dependency treatment programs.  
  8.43  [WORKING GROUP ON INMATE LABOR.] The 
  8.44  commissioner of corrections and the 
  8.45  commissioner of the Minnesota Housing 
  8.46  Finance Agency shall convene a working 
  8.47  group to study the feasibility of using 
  8.48  inmate labor to build low-income 
  8.49  housing manufactured at MCF-Faribault.  
  8.50  The working group consists of:  the 
  8.51  chief executive officer of MINNCOR 
  8.52  Industries; representatives from the 
  8.53  Builders Association of America, 
  8.54  Minnesota AFL-CIO, Association of 
  8.55  Minnesota Counties, Minnesota 
  8.56  Manufactured Housing Association, 
  8.57  Habitat for Humanity, and Minnesota 
  9.1   Housing Partnership, selected by those 
  9.2   organizations; and any other 
  9.3   individuals deemed appropriate by the 
  9.4   commissioners.  
  9.5   By January 15, 2006, the working group 
  9.6   shall report its findings and 
  9.7   recommendations to the chairs and 
  9.8   ranking minority members of the senate 
  9.9   and house of representatives committees 
  9.10  and divisions having jurisdiction over 
  9.11  criminal justice policy and funding and 
  9.12  jobs, housing, and community 
  9.13  development policy and funding. 
  9.14  Subd. 3.  Community Services           8,651,000      8,651,000
  9.15  [END OF CONFINEMENT REVIEWS.] $94,000 
  9.16  each year is for end of confinement 
  9.17  reviews.  
  9.18  [SEX OFFENDER TRACKING.] $162,000 each 
  9.19  year is for the acquisition of 
  9.20  bracelets equipped with tracking 
  9.21  devices designed to track and monitor 
  9.22  the movement and location of criminal 
  9.23  offenders.  The commissioner shall use 
  9.24  the bracelets to monitor high-risk sex 
  9.25  offenders who are on supervised release 
  9.26  or probation to help ensure that the 
  9.27  offenders do not violate conditions of 
  9.28  their release or probation. 
  9.29  [COMMUNITY SURVEILLANCE AND 
  9.30  SUPERVISION.] $1,370,000 each year is 
  9.31  to provide housing options to maximize 
  9.32  community surveillance and supervision. 
  9.33  [INCREASE IN INTENSIVE SUPERVISED 
  9.34  RELEASE SERVICES.] $1,800,000 each year 
  9.35  is to increase intensive supervised 
  9.36  release services.  
  9.37  [SEX OFFENDER ASSESSMENT 
  9.38  REIMBURSEMENTS.] $350,000 each year is 
  9.39  to provide grants to counties for 
  9.40  reimbursements for sex offender 
  9.41  assessments as required under Minnesota 
  9.42  Statutes, section 609.3452, subdivision 
  9.43  1.  
  9.44  [SEX OFFENDER TREATMENT AND 
  9.45  POLYGRAPHS.] $1,250,000 each year is to 
  9.46  provide treatment for sex offenders on 
  9.47  community supervision and to pay for 
  9.48  polygraph testing.  
  9.49  [INCREASED SUPERVISION OF SEX 
  9.50  OFFENDERS, DOMESTIC VIOLENCE OFFENDERS, 
  9.51  AND OTHER VIOLENT OFFENDERS.] 
  9.52  $2,000,000 each year is for enhanced 
  9.53  supervision of felony sex offenders, 
  9.54  domestic violence offenders, and other 
  9.55  violent offenders by employing 
  9.56  additional probation officers to reduce 
  9.57  the caseloads of probation officers 
  9.58  supervising these offenders on 
  9.59  probation or supervised release.  
  9.60  The commissioner shall distribute the 
  9.61  funds according to the formula 
 10.1   contained in Minnesota Statutes, 
 10.2   section 401.10. Each Community 
 10.3   Corrections Act jurisdiction, counties 
 10.4   providing probation services under the 
 10.5   authority of Minnesota Statutes, 
 10.6   section 244.19, and the department's 
 10.7   probation and supervised release unit 
 10.8   shall submit to the commissioner an 
 10.9   analysis of need along with a plan to 
 10.10  meet these needs and reduce offender 
 10.11  caseloads.  Upon approval of the plans 
 10.12  for Community Corrections Act counties, 
 10.13  the commissioner shall distribute the 
 10.14  non-Community Corrections Act 
 10.15  allocation based on statewide need.  
 10.16  The Community Corrections Act 
 10.17  allocation must be disbursed as a grant 
 10.18  to each Community Corrections Act 
 10.19  jurisdiction.  These grants may not be 
 10.20  used to supplant existing state or 
 10.21  county probation officer positions. 
 10.22  [CHEMICAL DEPENDENCY TREATMENT AND 
 10.23  AFTERCARE GRANTS.] $1,000,000 each year 
 10.24  is for grants to counties to provide 
 10.25  community-based chemical dependency 
 10.26  treatment and aftercare.  The 
 10.27  commissioner shall distribute the 
 10.28  appropriation to counties according to 
 10.29  the formula contained in Minnesota 
 10.30  Statutes, section 401.10.  In those 
 10.31  counties where correctional services 
 10.32  are shared by the Department of 
 10.33  Corrections and county court services, 
 10.34  the commissioner shall determine the 
 10.35  distribution of the grants. 
 10.36  The commissioner shall ensure that any 
 10.37  part of this appropriation spent on 
 10.38  medical assistance-eligible individuals 
 10.39  earns the maximum medical assistance 
 10.40  match available from the federal 
 10.41  government. 
 10.42  [INTENSIVE SUPERVISION AND AFTERCARE 
 10.43  FOR CONTROLLED SUBSTANCES OFFENDERS.] 
 10.44  $625,000 each year is for intensive 
 10.45  supervision and aftercare services for 
 10.46  controlled substances offenders 
 10.47  released from prison under Minnesota 
 10.48  Statutes, section 244.055.  These 
 10.49  appropriations are not added to the 
 10.50  department's base budget.  By January 
 10.51  15, 2008, the commissioner shall report 
 10.52  to the chairs and ranking minority 
 10.53  members of the senate and house 
 10.54  committees and divisions having 
 10.55  jurisdiction over criminal justice 
 10.56  policy and funding on how this 
 10.57  appropriation was spent, including an 
 10.58  assessment on the offenders' transition 
 10.59  from prison into the community and 
 10.60  recidivism data. 
 10.61  [REPORT ON ELECTRONIC MONITORING OF SEX 
 10.62  OFFENDERS.] By February 15, 2006, the 
 10.63  commissioner of corrections shall 
 10.64  report to the chairs and ranking 
 10.65  minority members of the senate and 
 10.66  house committees and divisions having 
 10.67  jurisdiction over criminal justice 
 11.1   policy and funding on implementing an 
 11.2   electronic monitoring system for sex 
 11.3   offenders who are under community 
 11.4   supervision.  The report must address 
 11.5   the following: 
 11.6   (1) the advantages and disadvantages in 
 11.7   implementing this, including the impact 
 11.8   on public safety; 
 11.9   (2) the types of sex offenders who 
 11.10  should be subject to the monitoring; 
 11.11  (3) the time period that offenders 
 11.12  should be subject to the monitoring; 
 11.13  (4) the financial costs associated with 
 11.14  the monitoring and who should be 
 11.15  responsible for these costs; and 
 11.16  (5) the technology available for the 
 11.17  monitoring. 
 11.18  Subd. 4.  Operations Support           (400,000)      (400,000)
 11.19  This is an agencywide administrative 
 11.20  cut. 
 11.21  Sec. 10.  BOARD OF VETERINARY 
 11.22  MEDICINE                                   7,000        -0-    
 11.23  For the study on animal products that 
 11.24  may be used in the manufacture of 
 11.25  methamphetamine described in article 6, 
 11.26  section 16. 
 11.27                             ARTICLE 2 
 11.28                           SEX OFFENDERS: 
 11.29         MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND 
 11.30             REPEAT SEX OFFENSES; CONDITIONAL RELEASE; 
 11.31                      OTHER SENTENCING CHANGES 
 11.32     Section 1.  Minnesota Statutes 2004, section 244.04, 
 11.33  subdivision 1, is amended to read: 
 11.34     Subdivision 1.  [REDUCTION OF SENTENCE; INMATES SENTENCED 
 11.35  FOR CRIMES COMMITTED BEFORE 1993.] Notwithstanding the 
 11.36  provisions of section 609.11, subdivision 6, and section 
 11.37  609.109, subdivision 1, the term of imprisonment of any inmate 
 11.38  sentenced to a presumptive fixed sentence after May 1, 1980, and 
 11.39  whose crime was committed before August 1, 1993, shall be 
 11.40  reduced in duration by one day for each two days during which 
 11.41  the inmate violates none of the disciplinary offense rules 
 11.42  promulgated by the commissioner.  The reduction shall accrue to 
 11.43  the period of supervised release to be served by the inmate, 
 11.44  except that the period of supervised release for a sex offender 
 12.1   sentenced and conditionally released by the commissioner under 
 12.2   section 609.108, subdivision 5, 609.3455 is governed by that 
 12.3   provision. 
 12.4      Except as otherwise provided in subdivision 2, if an inmate 
 12.5   whose crime was committed before August 1, 1993, violates a 
 12.6   disciplinary offense rule promulgated by the commissioner, good 
 12.7   time earned prior to the violation may not be taken away, but 
 12.8   the inmate may be required to serve an appropriate portion of 
 12.9   the term of imprisonment after the violation without earning 
 12.10  good time. 
 12.11     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 12.12     Sec. 2.  Minnesota Statutes 2004, section 244.05, 
 12.13  subdivision 2, is amended to read: 
 12.14     Subd. 2.  [RULES.] The commissioner of corrections shall 
 12.15  adopt by rule standards and procedures for the revocation of 
 12.16  supervised or conditional release, and shall specify the period 
 12.17  of revocation for each violation of supervised release.  
 12.18  Procedures for the revocation of supervised release shall 
 12.19  provide due process of law for the inmate. 
 12.20     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 12.21  and applies to crimes committed on or after that date.  
 12.22     Sec. 3.  Minnesota Statutes 2004, section 244.05, 
 12.23  subdivision 4, is amended to read: 
 12.24     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
 12.25  serving a mandatory life sentence under section 609.106 must not 
 12.26  be given supervised release under this section.  An inmate 
 12.27  serving a mandatory life sentence under section 609.185, clause 
 12.28  (1), (3), (5), or (6); or 609.109, subdivision 2a 3, must not be 
 12.29  given supervised release under this section without having 
 12.30  served a minimum term of 30 years.  An inmate serving a 
 12.31  mandatory life sentence under section 609.385 must not be given 
 12.32  supervised release under this section without having served a 
 12.33  minimum term of imprisonment of 17 years.  An inmate serving a 
 12.34  mandatory life sentence under section 609.342, subdivision 2, 
 12.35  paragraph (b); 609.343, subdivision 2, paragraph (b); or 
 12.36  609.3455 must not be given supervised release under this section 
 13.1   without having served the minimum term of imprisonment specified 
 13.2   by the court in its sentence.  
 13.3      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 13.4   and applies to crimes committed on or after that date. 
 13.5      Sec. 4.  Minnesota Statutes 2004, section 244.05, 
 13.6   subdivision 5, is amended to read: 
 13.7      Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
 13.8   commissioner of corrections may, under rules promulgated by the 
 13.9   commissioner, give supervised release to an inmate serving a 
 13.10  mandatory life sentence under section 609.185, clause (1), (3), 
 13.11  (5), or (6); 609.109, subdivision 2a 3; 609.342, subdivision 2, 
 13.12  paragraph (b); 609.343, subdivision 2, paragraph (b); 609.3455; 
 13.13  or 609.385 after the inmate has served the minimum term of 
 13.14  imprisonment specified in subdivision 4. 
 13.15     (b) The commissioner shall require the preparation of a 
 13.16  community investigation report and shall consider the findings 
 13.17  of the report when making a supervised release decision under 
 13.18  this subdivision.  The report shall reflect the sentiment of the 
 13.19  various elements of the community toward the inmate, both at the 
 13.20  time of the offense and at the present time.  The report shall 
 13.21  include the views of the sentencing judge, the prosecutor, any 
 13.22  law enforcement personnel who may have been involved in the 
 13.23  case, and any successors to these individuals who may have 
 13.24  information relevant to the supervised release decision.  The 
 13.25  report shall also include the views of the victim and the 
 13.26  victim's family unless the victim or the victim's family chooses 
 13.27  not to participate.  
 13.28     (c) The commissioner shall make reasonable efforts to 
 13.29  notify the victim, in advance, of the time and place of the 
 13.30  inmate's supervised release review hearing.  The victim has a 
 13.31  right to submit an oral or written statement at the review 
 13.32  hearing.  The statement may summarize the harm suffered by the 
 13.33  victim as a result of the crime and give the victim's 
 13.34  recommendation on whether the inmate should be given supervised 
 13.35  release at this time.  The commissioner must consider the 
 13.36  victim's statement when making the supervised release decision. 
 14.1      (d) When considering whether to give supervised release to 
 14.2   an inmate serving a life sentence under section 609.342, 
 14.3   subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph 
 14.4   (b); or 609.3455, the commissioner shall consider, at a minimum, 
 14.5   the following:  the risk the inmate poses to the community if 
 14.6   released, the inmate's progress in treatment, the inmate's 
 14.7   behavior while incarcerated, psychological or other diagnostic 
 14.8   evaluations of the inmate, the inmate's criminal history, and 
 14.9   any other relevant conduct of the inmate while incarcerated or 
 14.10  before incarceration.  However, the commissioner may not give 
 14.11  supervised release to the inmate unless:  
 14.12     (1) while in prison, the inmate has successfully completed 
 14.13  appropriate sex offender treatment; 
 14.14     (2) while in prison, the inmate has been assessed for 
 14.15  chemical dependency needs and, if appropriate, has successfully 
 14.16  completed chemical dependency treatment; 
 14.17     (3) while in prison, the inmate has been assessed for 
 14.18  mental health needs and, if appropriate, has successfully 
 14.19  completed mental health treatment; and 
 14.20     (4) a comprehensive individual release plan is in place for 
 14.21  the inmate that ensures that, after release, the inmate will 
 14.22  have suitable housing and receive appropriate aftercare and 
 14.23  community-based treatment, and includes a postprison employment 
 14.24  or education plan for the inmate.  
 14.25     (e) As used in this subdivision, "victim" means the 
 14.26  individual who suffered harm as a result of the inmate's crime 
 14.27  or, if the individual is deceased, the deceased's surviving 
 14.28  spouse or next of kin. 
 14.29     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 14.30  and applies to crimes committed on or after that date. 
 14.31     Sec. 5.  Minnesota Statutes 2004, section 244.05, 
 14.32  subdivision 6, is amended to read: 
 14.33     Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
 14.34  may order that an inmate be placed on intensive supervised 
 14.35  release for all or part of the inmate's supervised release or 
 14.36  parole term if the commissioner determines that the action will 
 15.1   further the goals described in section 244.14, subdivision 1, 
 15.2   clauses (2), (3), and (4).  In addition, the commissioner may 
 15.3   order that an inmate be placed on intensive supervised release 
 15.4   for all of the inmate's conditional or supervised release term 
 15.5   if the inmate was convicted of a sex offense under sections 
 15.6   609.342 to 609.345 or was sentenced under the provisions of 
 15.7   section 609.108.  The commissioner may impose appropriate 
 15.8   conditions of release on the inmate including but not limited to 
 15.9   unannounced searches of the inmate's person, vehicle, or 
 15.10  premises by an intensive supervision agent; compliance with 
 15.11  court-ordered restitution, if any; random drug testing; house 
 15.12  arrest; daily curfews; frequent face-to-face contacts with an 
 15.13  assigned intensive supervision agent; work, education, or 
 15.14  treatment requirements; and electronic surveillance.  In 
 15.15  addition, any sex offender placed on intensive supervised 
 15.16  release may be ordered to participate in an appropriate sex 
 15.17  offender program as a condition of release.  If the inmate 
 15.18  violates the conditions of the intensive supervised release, the 
 15.19  commissioner shall impose sanctions as provided in subdivision 3 
 15.20  and section 609.108 609.3455.  
 15.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 15.22  and applies to crimes committed on or after that date.  
 15.23     Sec. 6.  Minnesota Statutes 2004, section 609.108, 
 15.24  subdivision 1, is amended to read: 
 15.25     Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
 15.26  shall commit a person to the commissioner of corrections for a 
 15.27  period of time that is not less than double the presumptive 
 15.28  sentence under the Sentencing Guidelines and not more than the 
 15.29  statutory maximum, or if the statutory maximum is less than 
 15.30  double the presumptive sentence, for a period of time that is 
 15.31  equal to the statutory maximum, if: 
 15.32     (1) the court is imposing an executed sentence, based on a 
 15.33  Sentencing Guidelines presumptive imprisonment sentence or a 
 15.34  dispositional departure for aggravating circumstances or a 
 15.35  mandatory minimum sentence, on a person convicted of committing 
 15.36  or attempting to commit a violation of section 609.342, 609.343, 
 16.1   609.344, or 609.345, or on a person convicted of committing or 
 16.2   attempting to commit any other crime listed in subdivision 3 if 
 16.3   it reasonably appears to the court that the crime was motivated 
 16.4   by the offender's sexual impulses or was part of a predatory 
 16.5   pattern of behavior that had criminal sexual conduct as its goal 
 16.6   609.3453; 
 16.7      (2) the court finds fact finder determines that the 
 16.8   offender is a danger to public safety; and 
 16.9      (3) the court finds fact finder determines that the 
 16.10  offender needs long-term treatment or supervision offender's 
 16.11  criminal sexual behavior is so engrained that the risk of 
 16.12  reoffending is great without intensive psychotherapeutic 
 16.13  intervention or other long-term treatment or supervision 
 16.14  extending beyond the presumptive term of imprisonment and 
 16.15  supervised release.  The finding must be based on a professional 
 16.16  assessment by an examiner experienced in evaluating sex 
 16.17  offenders that concludes that the offender is a patterned sex 
 16.18  offender.  The assessment must contain the facts upon which the 
 16.19  conclusion is based, with reference to the offense history of 
 16.20  the offender or the severity of the current offense, the social 
 16.21  history of the offender, and the results of an examination of 
 16.22  the offender's mental status unless the offender refuses to be 
 16.23  examined.  The conclusion may not be based on testing alone.  A 
 16.24  patterned sex offender is one whose criminal sexual behavior is 
 16.25  so engrained that the risk of reoffending is great without 
 16.26  intensive psychotherapeutic intervention or other long-term 
 16.27  controls. 
 16.28     (b) The court shall consider imposing a sentence under this 
 16.29  section whenever a person is convicted of violating section 
 16.30  609.342 or 609.343. 
 16.31     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 16.32  and applies to crimes committed on or after that date. 
 16.33     Sec. 7.  Minnesota Statutes 2004, section 609.108, 
 16.34  subdivision 3, is amended to read: 
 16.35     Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
 16.36  violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
 17.1   609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
 17.2   609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
 17.3   or 609.582, subdivision 1.  As used in this section, "predatory 
 17.4   crime" has the meaning given in section 609.341, subdivision 22. 
 17.5      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 17.6   and applies to crimes committed on or after that date. 
 17.7      Sec. 8.  Minnesota Statutes 2004, section 609.108, 
 17.8   subdivision 4, is amended to read: 
 17.9      Subd. 4.  [DANGER TO PUBLIC SAFETY.] The court shall base 
 17.10  its finding fact finder shall base its determination that the 
 17.11  offender is a danger to public safety on any of the following 
 17.12  factors: 
 17.13     (1) the crime involved an aggravating factor that would 
 17.14  justify a durational departure from the presumptive sentence 
 17.15  under the Sentencing Guidelines; 
 17.16     (2) the offender previously committed or attempted to 
 17.17  commit a predatory crime or a violation of section 609.224 or 
 17.18  609.2242, including: 
 17.19     (i) an offense committed as a juvenile that would have been 
 17.20  a predatory crime or a violation of section 609.224 or 609.2242 
 17.21  if committed by an adult; or 
 17.22     (ii) a violation or attempted violation of a similar law of 
 17.23  any other state or the United States; or 
 17.24     (3) the offender planned or prepared for the crime prior to 
 17.25  its commission. 
 17.26     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 17.27  and applies to crimes committed on or after that date.  
 17.28     Sec. 9.  Minnesota Statutes 2004, section 609.108, 
 17.29  subdivision 6, is amended to read: 
 17.30     Subd. 6.  [CONDITIONAL RELEASE.] At the time of sentencing 
 17.31  under subdivision 1, the court shall provide that after the 
 17.32  offender has completed the sentence imposed, less any good time 
 17.33  earned by an offender whose crime was committed before August 1, 
 17.34  1993, the commissioner of corrections shall place the offender 
 17.35  on conditional release for the remainder of the statutory 
 17.36  maximum period, or for ten years, whichever is longer.  The 
 18.1   terms of conditional release are governed by section 609.3455.  
 18.2      The conditions of release may include successful completion 
 18.3   of treatment and aftercare in a program approved by the 
 18.4   commissioner, satisfaction of the release conditions specified 
 18.5   in section 244.05, subdivision 6, and any other conditions the 
 18.6   commissioner considers appropriate.  Before the offender is 
 18.7   released, the commissioner shall notify the sentencing court, 
 18.8   the prosecutor in the jurisdiction where the offender was 
 18.9   sentenced, and the victim of the offender's crime, where 
 18.10  available, of the terms of the offender's conditional release.  
 18.11  If the offender fails to meet any condition of release, the 
 18.12  commissioner may revoke the offender's conditional release and 
 18.13  order that the offender serve all or a part of the remaining 
 18.14  portion of the conditional release term in prison.  The 
 18.15  commissioner shall not dismiss the offender from supervision 
 18.16  before the conditional release term expires. 
 18.17     Conditional release granted under this subdivision is 
 18.18  governed by provisions relating to supervised release, except as 
 18.19  otherwise provided in this subdivision, section 244.04, 
 18.20  subdivision 1, or 244.05. 
 18.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 18.22  and applies to crimes committed on or after that date.  
 18.23     Sec. 10.  Minnesota Statutes 2004, section 609.341, is 
 18.24  amended by adding a subdivision to read: 
 18.25     Subd. 22.  [PREDATORY CRIME.] "Predatory crime" means a 
 18.26  felony violation of section 609.185, 609.19, 609.195, 609.20, 
 18.27  609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 
 18.28  609.255, 609.498, 609.561, or 609.582, subdivision 1.  
 18.29     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 18.30  and applies to crimes committed on or after that date. 
 18.31     Sec. 11.  Minnesota Statutes 2004, section 609.342, 
 18.32  subdivision 2, is amended to read: 
 18.33     Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
 18.34  in paragraph (b); section 609.109; or 609.3455, a person 
 18.35  convicted under subdivision 1 may be sentenced to imprisonment 
 18.36  for not more than 30 years or to a payment of a fine of not more 
 19.1   than $40,000, or both. 
 19.2      (b) Unless a longer mandatory minimum sentence is otherwise 
 19.3   required by law or the Sentencing Guidelines provide for a 
 19.4   longer presumptive executed sentence, the court shall presume 
 19.5   that an executed sentence of 144 months must be imposed on an 
 19.6   offender convicted of violating this section.  Sentencing a 
 19.7   person in a manner other than that described in this paragraph 
 19.8   is a departure from the Sentencing Guidelines.  
 19.9      (b) The court shall sentence a person to imprisonment for 
 19.10  life if the person is convicted under subdivision 1, clause (c), 
 19.11  (d), (e), (f), or (h), and the fact finder determines beyond a 
 19.12  reasonable doubt that any of the following circumstances exist:  
 19.13     (1) the offender tortured the complainant; 
 19.14     (2) the offender intentionally inflicted great bodily harm 
 19.15  upon the complainant; 
 19.16     (3) the offender intentionally mutilated the complainant; 
 19.17     (4) the offender exposed the complainant to extreme 
 19.18  inhumane conditions; 
 19.19     (5) the offender was armed with a dangerous weapon or any 
 19.20  article used or fashioned in a manner to lead the complainant to 
 19.21  reasonably believe it to be a dangerous weapon and used or 
 19.22  threatened to use the weapon or article to cause the complainant 
 19.23  to submit; 
 19.24     (6) the offense involved sexual penetration or sexual 
 19.25  contact with more than one victim; or 
 19.26     (7) the offense involved more than one perpetrator engaging 
 19.27  in sexual penetration or sexual contact with the complainant.  
 19.28     The fact finder may not consider a circumstance described 
 19.29  in clauses (1) to (7), if it is an element of the underlying 
 19.30  specified violation of subdivision 1.  
 19.31     When sentencing an offender under this paragraph, the court 
 19.32  shall specify a minimum term of imprisonment, based on the 
 19.33  sentencing guidelines or any applicable mandatory minimum 
 19.34  sentence, that must be served before the offender may be 
 19.35  considered for supervised release.  
 19.36     (c) As used in this subdivision:  
 20.1      (1) "extreme inhumane conditions" means situations where, 
 20.2   either before or after the sexual penetration, the offender 
 20.3   knowingly causes or permits the complainant to be placed in a 
 20.4   situation likely to cause the complainant severe ongoing mental, 
 20.5   emotional, or psychological harm, or causes the complainant's 
 20.6   death; 
 20.7      (2) "mutilation" means the intentional infliction of 
 20.8   physical abuse designed to cause serious permanent disfigurement 
 20.9   or permanent or protracted loss or impairment of the functions 
 20.10  of any bodily member or organ, where the offender relishes the 
 20.11  infliction of the abuse, evidencing debasement or perversion; 
 20.12  and 
 20.13     (3) "torture" means the intentional infliction of extreme 
 20.14  mental anguish, or extreme psychological or physical abuse, when 
 20.15  committed in an especially depraved manner. 
 20.16     (d) In addition to the sentence imposed under paragraph (a) 
 20.17  or (b), the person may also be sentenced to the payment of a 
 20.18  fine of not more than $40,000.  
 20.19     (e) Notwithstanding the statutory maximum sentence 
 20.20  described in paragraph (a) or (b), the person is also subject to 
 20.21  conditional release as provided in section 609.3455.  
 20.22     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 20.23  and applies to crimes committed on or after that date. 
 20.24     Sec. 12.  Minnesota Statutes 2004, section 609.342, 
 20.25  subdivision 3, is amended to read: 
 20.26     Subd. 3.  [STAY.] Except when imprisonment is required 
 20.27  under section 609.109 or 609.3455, if a person is convicted 
 20.28  under subdivision 1, clause (g), the court may stay imposition 
 20.29  or execution of the sentence if it finds that: 
 20.30     (a) a stay is in the best interest of the complainant or 
 20.31  the family unit; and 
 20.32     (b) a professional assessment indicates that the offender 
 20.33  has been accepted by and can respond to a treatment program. 
 20.34     If the court stays imposition or execution of sentence, it 
 20.35  shall include the following as conditions of probation: 
 20.36     (1) incarceration in a local jail or workhouse; 
 21.1      (2) a requirement that the offender complete a treatment 
 21.2   program; and 
 21.3      (3) a requirement that the offender have no unsupervised 
 21.4   contact with the complainant until the offender has successfully 
 21.5   completed the treatment program unless approved by the treatment 
 21.6   program and the supervising correctional agent.  
 21.7      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 21.8   and applies to crimes committed on or after that date. 
 21.9      Sec. 13.  Minnesota Statutes 2004, section 609.343, 
 21.10  subdivision 2, is amended to read: 
 21.11     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 21.12  section 609.109 or 609.3455, a person convicted under 
 21.13  subdivision 1 may be sentenced to imprisonment for not more than 
 21.14  25 years or to a payment of a fine of not more than $35,000, or 
 21.15  both. 
 21.16     (b) Unless a longer mandatory minimum sentence is otherwise 
 21.17  required by law or the Sentencing Guidelines provide for a 
 21.18  longer presumptive executed sentence, the court shall presume 
 21.19  that an executed sentence of 90 months must be imposed on an 
 21.20  offender convicted of violating subdivision 1, clause (c), (d), 
 21.21  (e), (f), or (h).  Sentencing a person in a manner other than 
 21.22  that described in this paragraph is a departure from the 
 21.23  Sentencing Guidelines. 
 21.24     (b) The court shall sentence a person to imprisonment for 
 21.25  life if the person is convicted under subdivision 1, clause (c), 
 21.26  (d), (e), (f), or (h), and the fact finder determines beyond a 
 21.27  reasonable doubt that any of the following circumstances exist:  
 21.28     (1) the offender tortured the complainant; 
 21.29     (2) the offender intentionally inflicted great bodily harm 
 21.30  upon the complainant; 
 21.31     (3) the offender intentionally mutilated the complainant; 
 21.32     (4) the offender exposed the complainant to extreme 
 21.33  inhumane conditions; 
 21.34     (5) the offender was armed with a dangerous weapon or any 
 21.35  article used or fashioned in a manner to lead the complainant to 
 21.36  reasonably believe it to be a dangerous weapon and used or 
 22.1   threatened to use the weapon or article to cause the complainant 
 22.2   to submit; 
 22.3      (6) the offense involved sexual penetration or sexual 
 22.4   contact with more than one victim; or 
 22.5      (7) the offense involved more than one perpetrator engaging 
 22.6   in sexual penetration or sexual contact with the complainant.  
 22.7      The fact finder may not consider a circumstance described 
 22.8   in clauses (1) to (7), if it is an element of the underlying 
 22.9   specified violation of subdivision 1.  
 22.10     When sentencing an offender under this paragraph, the court 
 22.11  shall specify a minimum term of imprisonment, based on the 
 22.12  sentencing guidelines or any applicable mandatory minimum 
 22.13  sentence, that must be served before the offender may be 
 22.14  considered for supervised release.  
 22.15     (c) As used in this subdivision:  
 22.16     (1) "extreme inhumane conditions" means situations where, 
 22.17  either before or after the sexual penetration, the offender 
 22.18  knowingly causes or permits the complainant to be placed in a 
 22.19  situation likely to cause the complainant severe ongoing mental, 
 22.20  emotional, or psychological harm, or causes the complainant's 
 22.21  death; 
 22.22     (2) "mutilation" means the intentional infliction of 
 22.23  physical abuse designed to cause serious permanent disfigurement 
 22.24  or permanent or protracted loss or impairment of the functions 
 22.25  of any bodily member or organ, where the offender relishes the 
 22.26  infliction of the abuse, evidencing debasement or perversion; 
 22.27  and 
 22.28     (3) "torture" means the intentional infliction of extreme 
 22.29  mental anguish, or extreme psychological or physical abuse, when 
 22.30  committed in an especially depraved manner. 
 22.31     (d) In addition to the sentence imposed under paragraph (a) 
 22.32  or (b), the person may also be sentenced to the payment of a 
 22.33  fine of not more than $35,000.  
 22.34     (e) Notwithstanding the statutory maximum sentence 
 22.35  described in paragraph (a) or (b), the person is also subject to 
 22.36  conditional release as provided in section 609.3455.  
 23.1      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 23.2   and applies to crimes committed on or after that date.  
 23.3      Sec. 14.  Minnesota Statutes 2004, section 609.343, 
 23.4   subdivision 3, is amended to read: 
 23.5      Subd. 3.  [STAY.] Except when imprisonment is required 
 23.6   under section 609.109 or 609.3455, if a person is convicted 
 23.7   under subdivision 1, clause (g), the court may stay imposition 
 23.8   or execution of the sentence if it finds that: 
 23.9      (a) a stay is in the best interest of the complainant or 
 23.10  the family unit; and 
 23.11     (b) a professional assessment indicates that the offender 
 23.12  has been accepted by and can respond to a treatment program. 
 23.13     If the court stays imposition or execution of sentence, it 
 23.14  shall include the following as conditions of probation: 
 23.15     (1) incarceration in a local jail or workhouse; 
 23.16     (2) a requirement that the offender complete a treatment 
 23.17  program; and 
 23.18     (3) a requirement that the offender have no unsupervised 
 23.19  contact with the complainant until the offender has successfully 
 23.20  completed the treatment program unless approved by the treatment 
 23.21  program and the supervising correctional agent.  
 23.22     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 23.23  and applies to crimes committed on or after that date.  
 23.24     Sec. 15.  Minnesota Statutes 2004, section 609.344, 
 23.25  subdivision 2, is amended to read: 
 23.26     Subd. 2.  [PENALTY.] Except as otherwise provided in 
 23.27  section 609.3455, a person convicted under subdivision 1 may be 
 23.28  sentenced to imprisonment for not more than 15 years or to a 
 23.29  payment of a fine of not more than $30,000, or 
 23.30  both.  Notwithstanding this statutory maximum sentence, the 
 23.31  person is also subject to conditional release as provided in 
 23.32  section 609.3455.  
 23.33     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 23.34  and applies to crimes committed on or after that date.  
 23.35     Sec. 16.  Minnesota Statutes 2004, section 609.344, 
 23.36  subdivision 3, is amended to read: 
 24.1      Subd. 3.  [STAY.] Except when imprisonment is required 
 24.2   under section 609.109 or 609.3455, if a person is convicted 
 24.3   under subdivision 1, clause (f), the court may stay imposition 
 24.4   or execution of the sentence if it finds that: 
 24.5      (a) a stay is in the best interest of the complainant or 
 24.6   the family unit; and 
 24.7      (b) a professional assessment indicates that the offender 
 24.8   has been accepted by and can respond to a treatment program. 
 24.9      If the court stays imposition or execution of sentence, it 
 24.10  shall include the following as conditions of probation: 
 24.11     (1) incarceration in a local jail or workhouse; 
 24.12     (2) a requirement that the offender complete a treatment 
 24.13  program; and 
 24.14     (3) a requirement that the offender have no unsupervised 
 24.15  contact with the complainant until the offender has successfully 
 24.16  completed the treatment program unless approved by the treatment 
 24.17  program and the supervising correctional agent.  
 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. 17.  Minnesota Statutes 2004, section 609.345, 
 24.21  subdivision 2, is amended to read: 
 24.22     Subd. 2.  [PENALTY.] Except as otherwise provided in 
 24.23  section 609.3455, a person convicted under subdivision 1 may be 
 24.24  sentenced to imprisonment for not more than ten years or to a 
 24.25  payment of a fine of not more than $20,000, or 
 24.26  both.  Notwithstanding this statutory maximum sentence, the 
 24.27  person is also subject to conditional release as provided in 
 24.28  section 609.3455.  
 24.29     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 24.30  and applies to crimes committed on or after that date.  
 24.31     Sec. 18.  Minnesota Statutes 2004, section 609.345, 
 24.32  subdivision 3, is amended to read: 
 24.33     Subd. 3.  [STAY.] Except when imprisonment is required 
 24.34  under section 609.109 or 609.3455, if a person is convicted 
 24.35  under subdivision 1, clause (f), the court may stay imposition 
 24.36  or execution of the sentence if it finds that: 
 25.1      (a) a stay is in the best interest of the complainant or 
 25.2   the family unit; and 
 25.3      (b) a professional assessment indicates that the offender 
 25.4   has been accepted by and can respond to a treatment program. 
 25.5      If the court stays imposition or execution of sentence, it 
 25.6   shall include the following as conditions of probation: 
 25.7      (1) incarceration in a local jail or workhouse; 
 25.8      (2) a requirement that the offender complete a treatment 
 25.9   program; and 
 25.10     (3) a requirement that the offender have no unsupervised 
 25.11  contact with the complainant until the offender has successfully 
 25.12  completed the treatment program unless approved by the treatment 
 25.13  program and the supervising correctional agent. 
 25.14     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 25.15  and applies to crimes committed on or after that date.  
 25.16     Sec. 19.  [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.] 
 25.17     Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 25.18  criminal sexual predatory conduct if the person commits a 
 25.19  predatory crime that was motivated by the offender's sexual 
 25.20  impulses or was part of a predatory pattern of behavior that had 
 25.21  criminal sexual conduct as its goal.  
 25.22     Subd. 2.  [PENALTY.] (a) Except as provided in section 
 25.23  609.3455, the statutory maximum sentence for a violation of 
 25.24  subdivision 1 is:  (1) 25 percent longer than for the underlying 
 25.25  predatory crime; or (2) 50 percent longer than for the 
 25.26  underlying predatory crime, if the violation is committed by a 
 25.27  person with a previous sex offense conviction, as defined in 
 25.28  section 609.3455, subdivision 1.  
 25.29     (b) In addition to the sentence imposed under paragraph 
 25.30  (a), the person may also be sentenced to the payment of a fine 
 25.31  of not more than $20,000.  
 25.32     (c) Notwithstanding the statutory maximum sentence 
 25.33  described in paragraph (a), the person is also subject to 
 25.34  conditional release as provided in section 609.3455.  
 25.35     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 25.36  and applies to crimes committed on or after that date. 
 26.1      Sec. 20.  [609.3455] [DANGEROUS SEX OFFENDERS; LIFE 
 26.2   SENTENCES; CONDITIONAL RELEASE.] 
 26.3      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 26.4   the following terms have the meanings given.  
 26.5      (b) "Conviction" includes a conviction as an extended 
 26.6   jurisdiction juvenile under section 260B.130 for a violation of, 
 26.7   or an attempt to violate, section 609.342, 609.343, 609.344, or 
 26.8   609.3453.  
 26.9      (c) A conviction is considered a "previous sex offense 
 26.10  conviction" if the offender was convicted and sentenced for a 
 26.11  sex offense before the commission of the present offense.  
 26.12     (d) A conviction is considered a "prior sex offense 
 26.13  conviction" if the offender was convicted of committing a sex 
 26.14  offense before the offender has been convicted of the present 
 26.15  offense, regardless of whether the offender was convicted for 
 26.16  the first offense before the commission of the present offense, 
 26.17  and the convictions involved separate behavioral incidents.  
 26.18     (e) "Sex offense" means any violation of, or attempt to 
 26.19  violate, section 609.342, 609.343, 609.344, 609.345, 609.3451, 
 26.20  609.3453, or any similar statute of the United States, this 
 26.21  state, or any other state.  
 26.22     (f) An offender has "two previous sex offense convictions" 
 26.23  only if the offender was convicted and sentenced for a sex 
 26.24  offense committed after the offender was earlier convicted and 
 26.25  sentenced for a sex offense and both convictions preceded the 
 26.26  commission of the present offense of conviction.  
 26.27     Subd. 2.  [MANDATORY LIFE SENTENCE.] (a) Notwithstanding 
 26.28  the statutory maximum penalty otherwise applicable to the 
 26.29  offense, the court shall sentence an offender to imprisonment 
 26.30  for life if the offender is convicted of violating section 
 26.31  609.342, 609.343, 609.344, 609.345, or 609.3453 if:  
 26.32     (1) the offender has two previous sex offense convictions; 
 26.33     (2) the offender has a previous sex offense conviction and: 
 26.34     (i) the present offense involved an aggravating factor that 
 26.35  would provide grounds for an upward departure under the 
 26.36  sentencing guidelines other than the aggravating factor 
 27.1   applicable to repeat criminal sexual conduct convictions; 
 27.2      (ii) the offender received an upward departure from the 
 27.3   sentencing guidelines for the previous sex offense conviction; 
 27.4   or 
 27.5      (iii) the offender was sentenced under section 609.108 for 
 27.6   the previous sex offense conviction; or 
 27.7      (3) the offender has two prior sex offense convictions, the 
 27.8   prior convictions and present offense involved at least three 
 27.9   separate victims, and: 
 27.10     (i) the present offense involved an aggravating factor that 
 27.11  would provide grounds for an upward departure under the 
 27.12  sentencing guidelines other than the aggravating factor 
 27.13  applicable to repeat criminal sexual conduct convictions; 
 27.14     (ii) the offender received an upward departure from the 
 27.15  sentencing guidelines for one of the prior sex offense 
 27.16  convictions; or 
 27.17     (iii) the offender was sentenced under section 609.108 for 
 27.18  one of the prior sex offense convictions.  
 27.19     (b) Notwithstanding paragraph (a), a court may not sentence 
 27.20  an offender to imprisonment for life under that paragraph for a 
 27.21  violation of section 609.345, unless the offender's previous or 
 27.22  prior sex offense convictions that are being used as the basis 
 27.23  for the sentence are for violations of section 609.342, 609.343, 
 27.24  609.344, or 609.3453, or any similar statute of the United 
 27.25  States, this state, or any other state.  
 27.26     Subd. 3.  [LIFE SENTENCES; MINIMUM TERM OF 
 27.27  IMPRISONMENT.] At the time of sentencing under subdivision 2, 
 27.28  the court shall specify a minimum term of imprisonment, based on 
 27.29  the sentencing guidelines or any applicable mandatory minimum 
 27.30  sentence, that must be served before the offender may be 
 27.31  considered for supervised release.  
 27.32     Subd. 4.  [MANDATORY TEN-YEAR CONDITIONAL RELEASE TERM.] 
 27.33  Notwithstanding the statutory maximum sentence otherwise 
 27.34  applicable to the offense and unless a longer conditional 
 27.35  release term is required in subdivision 5, when a court commits 
 27.36  an offender to the custody of the commissioner of corrections 
 28.1   for a violation of section 609.342, 609.343, 609.344, 609.345, 
 28.2   or 609.3453, the court shall provide that, after the offender 
 28.3   has completed the sentence imposed, the commissioner shall place 
 28.4   the offender on conditional release for ten years, minus the 
 28.5   time the offender served on supervised release.  
 28.6      Subd. 5.  [MANDATORY LIFETIME CONDITIONAL RELEASE TERM.] (a)
 28.7   When a court sentences an offender under subdivision 2 or 
 28.8   section 609.342, subdivision 2, paragraph (b); or 609.343, 
 28.9   subdivision 2, paragraph (b), the court shall provide that, if 
 28.10  the offender is released from prison, the commissioner of 
 28.11  corrections shall place the offender on conditional release for 
 28.12  the remainder of the offender's life. 
 28.13     (b) Notwithstanding the statutory maximum sentence 
 28.14  otherwise applicable to the offense, when the court commits an 
 28.15  offender to the custody of the commissioner of corrections for a 
 28.16  violation of section 609.342, 609.343, 609.344, 609.345, or 
 28.17  609.3453, and the offender has a previous or prior sex offense 
 28.18  conviction, the court shall provide that, after the offender has 
 28.19  completed the sentence imposed, the commissioner shall place the 
 28.20  offender on conditional release for the remainder of the 
 28.21  offender's life.  
 28.22     (c) Notwithstanding paragraph (b), an offender may not be 
 28.23  placed on lifetime conditional release under that paragraph for 
 28.24  a violation of section 609.345, unless the offender's previous 
 28.25  or prior sex offense conviction that is being used as the basis 
 28.26  for the placement is for a violation of section 609.342, 
 28.27  609.343, 609.344, or 609.3453, or any similar statute of the 
 28.28  United States, this state, or any other state.  
 28.29     Subd. 6.  [TERMS OF CONDITIONAL RELEASE; APPLICABLE TO ALL 
 28.30  SEX OFFENDERS.] (a) The provisions of this subdivision apply to 
 28.31  all sex offenders placed on conditional release.  Except as 
 28.32  provided in this subdivision, conditional release of sex 
 28.33  offenders is governed by provisions relating to supervised 
 28.34  release.  The commissioner of corrections may not dismiss an 
 28.35  offender on conditional release from supervision until the 
 28.36  offender's conditional release term expires.  
 29.1      (b) The conditions of release may include successful 
 29.2   completion of treatment and aftercare in a program approved by 
 29.3   the commissioner, satisfaction of the release conditions 
 29.4   specified in section 244.05, subdivision 6, and any other 
 29.5   conditions the commissioner considers appropriate.  Before the 
 29.6   offender is released, the commissioner shall notify the 
 29.7   sentencing court, the prosecutor in the jurisdiction where the 
 29.8   offender was sentenced, and the victim of the offender's crime, 
 29.9   where available, of the terms of the offender's conditional 
 29.10  release.  If the offender fails to meet any condition of 
 29.11  release, the commissioner may revoke the offender's conditional 
 29.12  release and order that the offender serve all or a part of the 
 29.13  remaining portion of the conditional release term in prison.  
 29.14     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 29.15  and applies to crimes committed on or after that date.  
 29.16     Sec. 21.  [REPEALER.] 
 29.17     Minnesota Statutes 2004, sections 609.108, subdivision 2; 
 29.18  and 609.109, subdivision 7, are repealed. 
 29.19     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 29.20  and applies to crimes committed on or after that date. 
 29.21                             ARTICLE 3 
 29.22          SEX OFFENDERS:  PREDATORY OFFENDER REGISTRATION; 
 29.23           COMMUNITY NOTIFICATION; NONSENTENCING CHANGES 
 29.24     Section 1.  Minnesota Statutes 2004, section 243.166, is 
 29.25  amended to read: 
 29.26     243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 
 29.27     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 29.28  register under this section if:  
 29.29     (1) the person was charged with or petitioned for a felony 
 29.30  violation of or attempt to violate any of the following, and 
 29.31  convicted of or adjudicated delinquent for that offense or 
 29.32  another offense arising out of the same set of circumstances: 
 29.33     (i) murder under section 609.185, clause (2); or 
 29.34     (ii) kidnapping under section 609.25; or 
 29.35     (iii) criminal sexual conduct under section 609.342; 
 29.36  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
 30.1      (iv) indecent exposure under section 617.23, subdivision 3; 
 30.2   or 
 30.3      (2) the person was charged with or petitioned for falsely 
 30.4   imprisoning a minor in violation of section 609.255, subdivision 
 30.5   2; soliciting a minor to engage in prostitution in violation of 
 30.6   section 609.322 or 609.324; soliciting a minor to engage in 
 30.7   sexual conduct in violation of section 609.352; using a minor in 
 30.8   a sexual performance in violation of section 617.246; or 
 30.9   possessing pornographic work involving a minor in violation of 
 30.10  section 617.247, and convicted of or adjudicated delinquent for 
 30.11  that offense or another offense arising out of the same set of 
 30.12  circumstances; or 
 30.13     (3) the person was convicted of a predatory crime as 
 30.14  defined in section 609.108, and the offender was sentenced as a 
 30.15  patterned sex offender or the court found on its own motion or 
 30.16  that of the prosecutor that the crime was part of a predatory 
 30.17  pattern of behavior that had criminal sexual conduct as its 
 30.18  goal; or 
 30.19     (4) the person was convicted of or adjudicated delinquent 
 30.20  for, including pursuant to a court martial, violating a law of 
 30.21  the United States, including the Uniform Code of Military 
 30.22  Justice, similar to the offenses described in clause (1), (2), 
 30.23  or (3). 
 30.24     (b) A person also shall register under this section if: 
 30.25     (1) the person was convicted of or adjudicated delinquent 
 30.26  in another state for an offense that would be a violation of a 
 30.27  law described in paragraph (a) if committed in this state; 
 30.28     (2) the person enters the state to reside, or to work or 
 30.29  attend school; and 
 30.30     (3) ten years have not elapsed since the person was 
 30.31  released from confinement or, if the person was not confined, 
 30.32  since the person was convicted of or adjudicated delinquent for 
 30.33  the offense that triggers registration, unless the person is 
 30.34  subject to lifetime registration, in which case the person must 
 30.35  register for life regardless of when the person was released 
 30.36  from confinement, convicted, or adjudicated delinquent. 
 31.1   For purposes of this paragraph: 
 31.2      (i) "school" includes any public or private educational 
 31.3   institution, including any secondary school, trade or 
 31.4   professional institution, or institution of higher education, 
 31.5   that the person is enrolled in on a full-time or part-time 
 31.6   basis; and 
 31.7      (ii) "work" includes employment that is full time or part 
 31.8   time for a period of time exceeding 14 days or for an aggregate 
 31.9   period of time exceeding 30 days during any calendar year, 
 31.10  whether financially compensated, volunteered, or for the purpose 
 31.11  of government or educational benefit. 
 31.12     (c) A person also shall register under this section if the 
 31.13  person was committed pursuant to a court commitment order under 
 31.14  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 31.15  a similar law of another state or the United States, regardless 
 31.16  of whether the person was convicted of any offense. 
 31.17     (d) A person also shall register under this section if: 
 31.18     (1) the person was charged with or petitioned for a felony 
 31.19  violation or attempt to violate any of the offenses listed in 
 31.20  paragraph (a), clause (1), or a similar law of another state or 
 31.21  the United States, or the person was charged with or petitioned 
 31.22  for a violation of any of the offenses listed in paragraph (a), 
 31.23  clause (2), or a similar law of another state or the United 
 31.24  States; 
 31.25     (2) the person was found not guilty by reason of mental 
 31.26  illness or mental deficiency after a trial for that offense, or 
 31.27  found guilty but mentally ill after a trial for that offense, in 
 31.28  states with a guilty but mentally ill verdict; and 
 31.29     (3) the person was committed pursuant to a court commitment 
 31.30  order under section 253B.18 or a similar law of another state or 
 31.31  the United States. 
 31.32     Subd. 1a.  [DEFINITIONS.] (a) As used in this section, 
 31.33  unless the context clearly indicates otherwise, the following 
 31.34  terms have the meanings given them. 
 31.35     (b) "Bureau" means the Bureau of Criminal Apprehension.  
 31.36     (c) "Dwelling" means the building where the person lives 
 32.1   under a formal or informal agreement to do so.  
 32.2      (d) "Incarceration" and "confinement" do not include 
 32.3   electronic home monitoring.  
 32.4      (e) "Law enforcement authority" or "authority" means, with 
 32.5   respect to a home rule charter or statutory city, the chief of 
 32.6   police, and with respect to an unincorporated area, the county 
 32.7   sheriff. 
 32.8      (f) "Motor vehicle" has the meaning given for "vehicle" in 
 32.9   section 169.01, subdivision 2. 
 32.10     (g) "Primary address" means the mailing address of the 
 32.11  person's dwelling.  If the mailing address is different from the 
 32.12  actual location of the dwelling, "primary address" also includes 
 32.13  the physical location of the dwelling described with as much 
 32.14  specificity as possible. 
 32.15     (h) "School" includes any public or private educational 
 32.16  institution, including any secondary school, trade, or 
 32.17  professional institution, or institution of higher education, 
 32.18  that the person is enrolled in on a full-time basis or part-time 
 32.19  basis. 
 32.20     (i) "Secondary address" means the mailing address of any 
 32.21  place where the person regularly or occasionally stays overnight 
 32.22  when not staying at the person's primary address.  If the 
 32.23  mailing address is different from the actual location of the 
 32.24  place, "secondary address" also includes the physical location 
 32.25  of the place described with as much specificity as possible. 
 32.26     (j) "Treatment facility" means a residential facility, as 
 32.27  defined in section 244.052, subdivision 1, and residential 
 32.28  chemical dependency treatment programs and halfway houses 
 32.29  licensed under chapter 245A, including, but not limited to, 
 32.30  those facilities directly or indirectly assisted by any 
 32.31  department or agency of the United States. 
 32.32     (k) "Work" includes employment that is full time or part 
 32.33  time for a period of time exceeding 14 days or for an aggregate 
 32.34  period of time exceeding 30 days during any calendar year, 
 32.35  whether financially compensated, volunteered, or for the purpose 
 32.36  of government or educational benefit. 
 33.1      Subd. 1b.  [REGISTRATION REQUIRED.] (a) A person shall 
 33.2   register under this section if: 
 33.3      (1) the person was charged with or petitioned for a felony 
 33.4   violation of or attempt to violate, or aiding, abetting, or 
 33.5   conspiracy to commit, any of the following, and convicted of or 
 33.6   adjudicated delinquent for that offense or another offense 
 33.7   arising out of the same set of circumstances: 
 33.8      (i) murder under section 609.185, paragraph (a), clause 
 33.9   (2); 
 33.10     (ii) kidnapping under section 609.25; 
 33.11     (iii) criminal sexual conduct under section 609.342; 
 33.12  609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453; 
 33.13  or 
 33.14     (iv) indecent exposure under section 617.23, subdivision 3; 
 33.15     (2) the person was charged with or petitioned for a 
 33.16  violation of or attempt to violate, or aiding, abetting, or 
 33.17  conspiracy to commit false imprisonment in violation of section 
 33.18  609.255, subdivision 2; soliciting a minor to engage in 
 33.19  prostitution in violation of section 609.322 or 609.324; 
 33.20  soliciting a minor to engage in sexual conduct in violation of 
 33.21  section 609.352; using a minor in a sexual performance in 
 33.22  violation of section 617.246; or possessing pornographic work 
 33.23  involving a minor in violation of section 617.247, and convicted 
 33.24  of or adjudicated delinquent for that offense or another offense 
 33.25  arising out of the same set of circumstances; 
 33.26     (3) the person was sentenced as a patterned sex offender 
 33.27  under section 609.108; or 
 33.28     (4) the person was convicted of or adjudicated delinquent 
 33.29  for, including pursuant to a court martial, violating a law of 
 33.30  the United States, including the Uniform Code of Military 
 33.31  Justice, similar to the offenses described in clause (1), (2), 
 33.32  or (3). 
 33.33     (b) A person also shall register under this section if: 
 33.34     (1) the person was convicted of or adjudicated delinquent 
 33.35  in another state for an offense that would be a violation of a 
 33.36  law described in paragraph (a) if committed in this state; 
 34.1      (2) the person enters the state to reside, work, or attend 
 34.2   school, or enters the state and remains for 14 days or longer; 
 34.3   and 
 34.4      (3) ten years have not elapsed since the person was 
 34.5   released from confinement or, if the person was not confined, 
 34.6   since the person was convicted of or adjudicated delinquent for 
 34.7   the offense that triggers registration, unless the person is 
 34.8   subject to lifetime registration, in which case the person shall 
 34.9   register for life regardless of when the person was released 
 34.10  from confinement, convicted, or adjudicated delinquent. 
 34.11     A person described in this paragraph shall register with 
 34.12  the bureau within five days after the registration requirement 
 34.13  becomes applicable. 
 34.14     (c) A person also shall register under this section if the 
 34.15  person was committed pursuant to a court commitment order under 
 34.16  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 34.17  a similar law of another state or the United States, regardless 
 34.18  of whether the person was convicted of any offense. 
 34.19     (d) A person also shall register under this section if: 
 34.20     (1) the person was charged with or petitioned for a felony 
 34.21  violation or attempt to violate any of the offenses listed in 
 34.22  paragraph (a), clause (1), or a similar law of another state or 
 34.23  the United States, or the person was charged with or petitioned 
 34.24  for a violation of any of the offenses listed in paragraph (a), 
 34.25  clause (2), or a similar law of another state or the United 
 34.26  States; 
 34.27     (2) the person was found not guilty by reason of mental 
 34.28  illness or mental deficiency after a trial for that offense, or 
 34.29  found guilty but mentally ill after a trial for that offense, in 
 34.30  states with a guilty but mentally ill verdict; and 
 34.31     (3) the person was committed pursuant to a court commitment 
 34.32  order under section 253B.18 or a similar law of another state or 
 34.33  the United States. 
 34.34     Subd. 2.  [NOTICE.] When a person who is required to 
 34.35  register under subdivision 1 1b, paragraph (a), is sentenced or 
 34.36  becomes subject to a juvenile court disposition order, the court 
 35.1   shall tell the person of the duty to register under this section 
 35.2   and that, if the person fails to comply with the registration 
 35.3   requirements, information about the offender may be made 
 35.4   available to the public through electronic, computerized, or 
 35.5   other accessible means.  The court may not modify the person's 
 35.6   duty to register in the pronounced sentence or disposition 
 35.7   order.  The court shall require the person to read and sign a 
 35.8   form stating that the duty of the person to register under this 
 35.9   section has been explained.  The court shall forward the signed 
 35.10  sex offender registration form, the complaint, and sentencing 
 35.11  documents to the bureau of Criminal Apprehension.  If a person 
 35.12  required to register under subdivision 1 1b, paragraph (a), was 
 35.13  not notified by the court of the registration requirement at the 
 35.14  time of sentencing or disposition, the assigned corrections 
 35.15  agent shall notify the person of the requirements of this 
 35.16  section.  When a person who is required to register under 
 35.17  subdivision 1 1b, paragraph (c) or (d), is released from 
 35.18  commitment, the treatment facility shall notify the person of 
 35.19  the requirements of this section.  The treatment facility shall 
 35.20  also obtain the registration information required under this 
 35.21  section and forward it to the bureau of Criminal Apprehension. 
 35.22     Subd. 3.  [REGISTRATION PROCEDURE.] (a) Except as provided 
 35.23  in subdivision 3a, a person required to register under this 
 35.24  section shall register with the corrections agent as soon as the 
 35.25  agent is assigned to the person.  If the person does not have an 
 35.26  assigned corrections agent or is unable to locate the assigned 
 35.27  corrections agent, the person shall register with the law 
 35.28  enforcement agency authority that has jurisdiction in the area 
 35.29  of the person's residence primary address. 
 35.30     (b) Except as provided in subdivision 3a, at least five 
 35.31  days before the person starts living at a new primary address, 
 35.32  including living in another state, the person shall give written 
 35.33  notice of the new primary living address to the assigned 
 35.34  corrections agent or to the law enforcement authority with which 
 35.35  the person currently is registered.  If the person will be 
 35.36  living in a new state and that state has a registration 
 36.1   requirement, the person shall also give written notice of the 
 36.2   new address to the designated registration agency in the new 
 36.3   state.  A person required to register under this section shall 
 36.4   also give written notice to the assigned corrections agent or to 
 36.5   the law enforcement authority that has jurisdiction in the area 
 36.6   of the person's residence primary address that the person is no 
 36.7   longer living or staying at an address, immediately after the 
 36.8   person is no longer living or staying at that address.  The 
 36.9   corrections agent or law enforcement authority shall, within two 
 36.10  business days after receipt of this information, forward it to 
 36.11  the bureau of Criminal Apprehension.  The bureau of Criminal 
 36.12  Apprehension shall, if it has not already been done, notify the 
 36.13  law enforcement authority having primary jurisdiction in the 
 36.14  community where the person will live of the new address.  If the 
 36.15  person is leaving the state, the bureau of Criminal Apprehension 
 36.16  shall notify the registration authority in the new state of the 
 36.17  new address.  If the person's obligation to register arose under 
 36.18  subdivision 1, paragraph (b), The person's registration 
 36.19  requirements under this section terminate when after the person 
 36.20  begins living in the new state and the bureau has confirmed the 
 36.21  address in the other state through the annual verification 
 36.22  process on at least one occasion. 
 36.23     (c) A person required to register under subdivision 1 1b, 
 36.24  paragraph (b), because the person is working or attending school 
 36.25  in Minnesota shall register with the law enforcement 
 36.26  agency authority that has jurisdiction in the area where the 
 36.27  person works or attends school.  In addition to other 
 36.28  information required by this section, the person shall provide 
 36.29  the address of the school or of the location where the person is 
 36.30  employed.  A person must shall comply with this paragraph within 
 36.31  five days of beginning employment or school.  A person's 
 36.32  obligation to register under this paragraph terminates when the 
 36.33  person is no longer working or attending school in Minnesota. 
 36.34     (d) A person required to register under this section who 
 36.35  works or attends school outside of Minnesota shall register as a 
 36.36  predatory offender in the state where the person works or 
 37.1   attends school.  The person's corrections agent, or if the 
 37.2   person does not have an assigned corrections agent, the law 
 37.3   enforcement authority that has jurisdiction in the area of the 
 37.4   person's residence primary address shall notify the person of 
 37.5   this requirement. 
 37.6      Subd. 3a.  [REGISTRATION PROCEDURE WHEN PERSON LACKS 
 37.7   PRIMARY ADDRESS.] (a) If a person leaves a primary address and 
 37.8   does not have a new primary address, the person shall register 
 37.9   with the law enforcement authority that has jurisdiction in the 
 37.10  area where the person is staying within 24 hours of the time the 
 37.11  person no longer has a primary address. 
 37.12     (b) A person who lacks a primary address shall register 
 37.13  with the law enforcement authority that has jurisdiction in the 
 37.14  area where the person is staying within 24 hours after entering 
 37.15  the jurisdiction.  Each time a person who lacks a primary 
 37.16  address moves to a new jurisdiction without acquiring a new 
 37.17  primary address, the person shall register with the law 
 37.18  enforcement authority that has jurisdiction in the area where 
 37.19  the person is staying within 24 hours after entering the 
 37.20  jurisdiction. 
 37.21     (c) Upon registering under this subdivision, the person 
 37.22  shall provide the law enforcement authority with all of the 
 37.23  information the individual is required to provide under 
 37.24  subdivision 4a.  However, instead of reporting the person's 
 37.25  primary address, the person shall describe the location of where 
 37.26  the person is staying with as much specificity as possible. 
 37.27     (d) Except as otherwise provided in paragraph (e), if a 
 37.28  person continues to lack a primary address, the person shall 
 37.29  report in person on a weekly basis to the law enforcement 
 37.30  authority with jurisdiction in the area where the person is 
 37.31  staying.  This weekly report shall occur between the hours of 
 37.32  9:00 a.m. and 5:00 p.m.  The person is not required to provide 
 37.33  the registration information required under subdivision 4a each 
 37.34  time the offender reports to an authority, but the person shall 
 37.35  inform the authority of changes to any information provided 
 37.36  under subdivision 4a or this subdivision and shall otherwise 
 38.1   comply with this subdivision. 
 38.2      (e) If the law enforcement authority determines that it is 
 38.3   impractical, due to the person's unique circumstances, to 
 38.4   require a person lacking a primary address to report weekly and 
 38.5   in person as required under paragraph (d), the authority may 
 38.6   authorize the person to follow an alternative reporting 
 38.7   procedure.  The authority shall consult with the person's 
 38.8   corrections agent, if the person has one, in establishing the 
 38.9   specific criteria of this alternative procedure, subject to the 
 38.10  following requirements:  
 38.11     (1) The authority shall document, in the person's 
 38.12  registration record, the specific reasons why the weekly 
 38.13  in-person reporting process is impractical for the person to 
 38.14  follow. 
 38.15     (2) The authority shall explain how the alternative 
 38.16  reporting procedure furthers the public safety objectives of 
 38.17  this section. 
 38.18     (3) The authority shall require the person lacking a 
 38.19  primary address to report in person at least monthly to the 
 38.20  authority or the person's corrections agent and shall specify 
 38.21  the location where the person shall report.  If the authority 
 38.22  determines it would be more practical and would further public 
 38.23  safety for the person to report to another law enforcement 
 38.24  authority with jurisdiction where the person is staying, it may, 
 38.25  after consulting with the other law enforcement authority, 
 38.26  include this requirement in the person's alternative reporting 
 38.27  process. 
 38.28     (4) The authority shall require the person to comply with 
 38.29  the weekly, in-person reporting process required under paragraph 
 38.30  (d), if the person moves to a new area where this process would 
 38.31  be practical. 
 38.32     (5) The authority shall require the person to report any 
 38.33  changes to the registration information provided under 
 38.34  subdivision 4a and to comply with the periodic registration 
 38.35  requirements specified under paragraph (f).  
 38.36     (6) The authority shall require the person to comply with 
 39.1   the requirements of subdivision 3, paragraphs (b) and (c), if 
 39.2   the person moves to a primary address.  
 39.3      (f) If a person continues to lack a primary address and 
 39.4   continues to report to the same law enforcement authority, the 
 39.5   person shall provide the authority with all of the information 
 39.6   the individual is required to provide under subdivision 4a and 
 39.7   this subdivision at least annually, unless the person is 
 39.8   required to register under subdivision 1b, paragraph (c), 
 39.9   following commitment pursuant to a court commitment under 
 39.10  section 253B.185 or a similar law of another state or the United 
 39.11  States.  If the person is required to register under subdivision 
 39.12  1b, paragraph (c), the person shall provide the law enforcement 
 39.13  authority with all of the information the individual is required 
 39.14  to report under subdivision 4a and this subdivision at least 
 39.15  once every three months. 
 39.16     (g) A law enforcement authority receiving information under 
 39.17  this subdivision shall forward registration information and 
 39.18  changes to that information to the bureau within two business 
 39.19  days of receipt of the information. 
 39.20     (h) For purposes of this subdivision, a person who fails to 
 39.21  report a primary address will be deemed to be a person who lacks 
 39.22  a primary address, and the person shall comply with the 
 39.23  requirements for a person who lacks a primary address. 
 39.24     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
 39.25  provided to the corrections agent or law enforcement authority, 
 39.26  must consist of a statement in writing signed by the person, 
 39.27  giving information required by the bureau of Criminal 
 39.28  Apprehension, a fingerprint card, and photograph of the person 
 39.29  taken at the time of the person's release from incarceration or, 
 39.30  if the person was not incarcerated, at the time the person 
 39.31  initially registered under this section.  The registration 
 39.32  information also must include a written consent form signed by 
 39.33  the person allowing a treatment facility or residential housing 
 39.34  unit or shelter to release information to a law enforcement 
 39.35  officer about the person's admission to, or residence in, a 
 39.36  treatment facility or residential housing unit or shelter.  
 40.1   Registration information on adults and juveniles may be 
 40.2   maintained together notwithstanding section 260B.171, 
 40.3   subdivision 3.  
 40.4      (b) For persons required to register under subdivision 1 
 40.5   1b, paragraph (c), following commitment pursuant to a court 
 40.6   commitment under section 253B.185 or a similar law of another 
 40.7   state or the United States, in addition to other information 
 40.8   required by this section, the registration provided to the 
 40.9   corrections agent or law enforcement authority must include the 
 40.10  person's offense history and documentation of treatment received 
 40.11  during the person's commitment.  This documentation shall be is 
 40.12  limited to a statement of how far the person progressed in 
 40.13  treatment during commitment. 
 40.14     (c) Within three days of receipt, the corrections agent or 
 40.15  law enforcement authority shall forward the registration 
 40.16  information to the bureau of Criminal Apprehension.  The bureau 
 40.17  shall ascertain whether the person has registered with the law 
 40.18  enforcement authority where the person resides in the area of 
 40.19  the person's primary address, if any, or if the person lacks a 
 40.20  primary address, where the person is staying, as required by 
 40.21  subdivision 3a.  If the person has not registered with the law 
 40.22  enforcement authority, the bureau shall send one copy to that 
 40.23  authority.  
 40.24     (d) The corrections agent or law enforcement authority may 
 40.25  require that a person required to register under this section 
 40.26  appear before the agent or authority to be photographed.  The 
 40.27  agent or authority shall require a person required to register 
 40.28  under this section who is classified as a risk level III 
 40.29  offender under section 244.052 to appear before the agent or 
 40.30  authority at least every six months to be photographed.  The 
 40.31  agent or authority shall forward the photograph to the bureau of 
 40.32  Criminal Apprehension. 
 40.33     (e) During the period a person is required to register 
 40.34  under this section, the following shall provisions apply: 
 40.35     (1) Except for persons registering under subdivision 3a, 
 40.36  the bureau of Criminal Apprehension shall mail a verification 
 41.1   form to the last reported address of the person's residence last 
 41.2   reported primary address.  This verification form shall must 
 41.3   provide notice to the offender that, if the offender does not 
 41.4   return the verification form as required, information about the 
 41.5   offender may be made available to the public through electronic, 
 41.6   computerized, or other accessible means.  For persons who are 
 41.7   registered under subdivision 3a, the bureau shall mail an annual 
 41.8   verification form to the law enforcement authority where the 
 41.9   offender most recently reported.  The authority shall provide 
 41.10  the verification form to the person at the next weekly meeting 
 41.11  and ensure that the person completes and signs the form and 
 41.12  returns it to the bureau.  
 41.13     (2) The person shall mail the signed verification form back 
 41.14  to the bureau of Criminal Apprehension within ten days after 
 41.15  receipt of the form, stating on the form the current and last 
 41.16  address of the person's residence and the other information 
 41.17  required under subdivision 4a. 
 41.18     (3) In addition to the requirements listed in this section, 
 41.19  a person who, under section 244.052, is assigned to risk level 
 41.20  II or risk level III, and who is no longer under correctional 
 41.21  supervision, shall have an annual in-person contact with the law 
 41.22  enforcement authority in the area of the person's primary 
 41.23  address or, if the person has no primary address, where the 
 41.24  person is staying.  During the month of the person's birth date, 
 41.25  the person shall report to the authority to verify the accuracy 
 41.26  of the registration information and to be photographed.  Within 
 41.27  three days of this contact, the authority shall enter 
 41.28  information as required by the bureau into the predatory 
 41.29  offender registration database and submit an updated photograph 
 41.30  of the person to the bureau's predatory offender registration 
 41.31  unit.  The authority may waive the photograph requirement for a 
 41.32  person assigned to risk level III who has recently been 
 41.33  photographed under paragraph (d).  
 41.34     (4) If the person fails to mail the completed and signed 
 41.35  verification form to the bureau of Criminal Apprehension within 
 41.36  ten days after receipt of the form, or if the person fails to 
 42.1   report to the law enforcement authority during the month of the 
 42.2   person's birth date, the person shall be is in violation of this 
 42.3   section. 
 42.4   For persons required to register under subdivision 1 1b, 
 42.5   paragraph (c), following commitment pursuant to a court 
 42.6   commitment under section 253B.185 or a similar law of another 
 42.7   state or the United States, the bureau shall comply with clause 
 42.8   (1) at least four times each year.  For persons who under 
 42.9   section 244.052 are assigned to risk level III and who are no 
 42.10  longer under correctional supervision, the bureau shall comply 
 42.11  with clause (1) at least two times each year.  For all other 
 42.12  persons required to register under this section, the bureau 
 42.13  shall comply with clause (1) each year within 30 days of the 
 42.14  anniversary date of the person's initial registration. 
 42.15     (f) When sending out a verification form, the bureau of 
 42.16  Criminal Apprehension must shall determine whether the person to 
 42.17  whom the verification form is being sent has signed a written 
 42.18  consent form as provided for in paragraph (a).  If the person 
 42.19  has not signed such a consent form, the bureau of Criminal 
 42.20  Apprehension must shall send a written consent form to the 
 42.21  person along with the verification form.  A person who receives 
 42.22  this written consent form must shall sign and return it to the 
 42.23  bureau of Criminal Apprehension at the same time as the 
 42.24  verification form. 
 42.25     (g) For the purposes of this subdivision, "treatment 
 42.26  facility" means a residential facility, as defined in section 
 42.27  244.052, subdivision 1, and residential chemical dependency 
 42.28  treatment programs and halfway houses licensed under chapter 
 42.29  245A, including, but not limited to, those facilities directly 
 42.30  or indirectly assisted by any department or agency of the United 
 42.31  States. 
 42.32     Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) As 
 42.33  used in this section: 
 42.34     (1) "motor vehicle" has the meaning given "vehicle" in 
 42.35  section 169.01, subdivision 2; 
 42.36     (2) "primary residence" means any place where the person 
 43.1   resides longer than 14 days or that is deemed a primary 
 43.2   residence by a person's corrections agent, if one is assigned to 
 43.3   the person; and 
 43.4      (3) "secondary residence" means any place where the person 
 43.5   regularly stays overnight when not staying at the person's 
 43.6   primary residence, and includes, but is not limited to: 
 43.7      (i) the person's parent's home if the person is a student 
 43.8   and stays at the home at times when the person is not staying at 
 43.9   school, including during the summer; and 
 43.10     (ii) the home of someone with whom the person has a minor 
 43.11  child in common where the child's custody is shared.  
 43.12     (b) A person required to register under this section shall 
 43.13  provide to the corrections agent or law enforcement authority 
 43.14  the following information: 
 43.15     (1) the address of the person's primary residence address; 
 43.16     (2) the addresses of all of the person's secondary 
 43.17  residences addresses in Minnesota, including all addresses used 
 43.18  for residential or recreational purposes; 
 43.19     (3) the addresses of all Minnesota property owned, leased, 
 43.20  or rented by the person; 
 43.21     (4) the addresses of all locations where the person is 
 43.22  employed; 
 43.23     (5) the addresses of all residences schools where the 
 43.24  person resides while attending school is enrolled; and 
 43.25     (6) the year, model, make, license plate number, and color 
 43.26  of all motor vehicles owned or regularly driven by the person.  
 43.27     (c) (b) The person shall report to the agent or authority 
 43.28  the information required to be provided under paragraph (b) (a), 
 43.29  clauses (2) to (6), within five days of the date the clause 
 43.30  becomes applicable.  If because of a change in circumstances any 
 43.31  information reported under paragraph (b) (a), clauses (1) to 
 43.32  (6), no longer applies, the person shall immediately inform the 
 43.33  agent or authority that the information is no longer valid.  If 
 43.34  the person leaves a primary address and does not have a new 
 43.35  primary address, the person shall register as provided in 
 43.36  subdivision 3a.  
 44.1      Subd. 5.  [CRIMINAL PENALTY.] (a) A person required to 
 44.2   register under this section who knowingly violates any of its 
 44.3   provisions or intentionally provides false information to a 
 44.4   corrections agent, law enforcement authority, or the bureau of 
 44.5   Criminal Apprehension is guilty of a felony and may be sentenced 
 44.6   to imprisonment for not more than five years or to payment of a 
 44.7   fine of not more than $10,000, or both. 
 44.8      (b) Except as provided in paragraph (c), a person convicted 
 44.9   of violating paragraph (a) shall be committed to the custody of 
 44.10  the commissioner of corrections for not less than a year and a 
 44.11  day, nor more than five years. 
 44.12     (c) A person convicted of violating paragraph (a), who has 
 44.13  previously been convicted of or adjudicated delinquent for 
 44.14  violating this section or a similar law of another state or the 
 44.15  United States, shall be committed to the custody of the 
 44.16  commissioner of corrections for not less than two years, nor 
 44.17  more than five years. 
 44.18     (d) Prior to the time of sentencing, the prosecutor may 
 44.19  file a motion to have the person sentenced without regard to the 
 44.20  mandatory minimum sentence established by this subdivision.  The 
 44.21  motion shall must be accompanied by a statement on the record of 
 44.22  the reasons for it.  When presented with the motion, or on its 
 44.23  own motion, the court may sentence the person without regard to 
 44.24  the mandatory minimum sentence if the court finds substantial 
 44.25  and compelling reasons to do so.  Sentencing a person in the 
 44.26  manner described in this paragraph is a departure from the 
 44.27  Sentencing Guidelines. 
 44.28     (e) A person convicted and sentenced as required by this 
 44.29  subdivision is not eligible for probation, parole, discharge, 
 44.30  work release, or supervised release, until that person has 
 44.31  served the full term of imprisonment as provided by law, 
 44.32  notwithstanding the provisions of sections 241.26, 242.19, 
 44.33  243.05, 244.04, 609.12, and 609.135. 
 44.34     Subd. 5a.  [TEN-YEAR CONDITIONAL RELEASE FOR VIOLATIONS 
 44.35  COMMITTED BY LEVEL III OFFENDERS.] Notwithstanding the statutory 
 44.36  maximum sentence otherwise applicable to the offense or any 
 45.1   provision of the sentencing guidelines, when a court commits a 
 45.2   person to the custody of the commissioner of corrections for 
 45.3   violating subdivision 5 and, at the time of the violation, the 
 45.4   person was assigned to risk level III under section 244.052, the 
 45.5   court shall provide that after the person has completed the 
 45.6   sentence imposed, the commissioner shall place the person on 
 45.7   conditional release for ten years.  The terms of conditional 
 45.8   release are governed by section 609.3455, subdivision 6. 
 45.9      Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
 45.10  provisions of section 609.165, subdivision 1, and except as 
 45.11  provided in paragraphs (b), (c), and (d), a person required to 
 45.12  register under this section shall continue to comply with this 
 45.13  section until ten years have elapsed since the person initially 
 45.14  registered in connection with the offense, or until the 
 45.15  probation, supervised release, or conditional release period 
 45.16  expires, whichever occurs later.  For a person required to 
 45.17  register under this section who is committed under section 
 45.18  253B.18 or 253B.185, the ten-year registration period does not 
 45.19  include the period of commitment. 
 45.20     (b) If a person required to register under this section 
 45.21  fails to register following a change in residence the person's 
 45.22  primary or secondary address, employment, school, or motor 
 45.23  vehicle information; fails to report any property the person 
 45.24  owns, leases, or rents; or fails to return the annual 
 45.25  verification form within ten days, the commissioner of public 
 45.26  safety may require the person to continue to register for an 
 45.27  additional period of five years.  This five-year period is added 
 45.28  to the end of the offender's registration period.  
 45.29     (c) If a person required to register under this section is 
 45.30  subsequently incarcerated following a conviction for a new 
 45.31  offense or following a revocation of probation, supervised 
 45.32  release, or conditional release for that any offense, or a 
 45.33  conviction for any new offense, the person shall continue to 
 45.34  register until ten years have elapsed since the person was last 
 45.35  released from incarceration or until the person's probation, 
 45.36  supervised release, or conditional release period expires, 
 46.1   whichever occurs later. 
 46.2      (d) A person shall continue to comply with this section for 
 46.3   the life of that person:  
 46.4      (1) if the person is convicted of or adjudicated delinquent 
 46.5   for any offense for which registration is required under 
 46.6   subdivision 1 1b, or any offense from another state or any 
 46.7   federal offense similar to the offenses described in subdivision 
 46.8   1 1b, and the person has a prior conviction or adjudication for 
 46.9   an offense for which registration was or would have been 
 46.10  required under subdivision 1 1b, or an offense from another 
 46.11  state or a federal offense similar to an offense described in 
 46.12  subdivision 1 1b; 
 46.13     (2) if the person is required to register based upon a 
 46.14  conviction or delinquency adjudication for an offense under 
 46.15  section 609.185, clause (2), or a similar statute from another 
 46.16  state or the United States; 
 46.17     (3) if the person is required to register based upon a 
 46.18  conviction for an offense under section 609.342, subdivision 1, 
 46.19  paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
 46.20  1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
 46.21  subdivision 1, paragraph (a), (c), or (g); or 609.345, 
 46.22  subdivision 1, paragraph (a), (c), or (g); or a statute from 
 46.23  another state or the United States similar to the offenses 
 46.24  described in this clause; or 
 46.25     (4) if the person is required to register under subdivision 
 46.26  1 1b, paragraph (c), following commitment pursuant to a court 
 46.27  commitment under section 253B.185 or a similar law of another 
 46.28  state or the United States. 
 46.29     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 46.30  provided in subdivision 7a or sections 244.052 and 299C.093, the 
 46.31  information provided under this section is private data on 
 46.32  individuals under section 13.02, subdivision 12.  The 
 46.33  information may be used only for law enforcement purposes.  
 46.34     Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
 46.35  ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 
 46.36  Criminal Apprehension may make information available to the 
 47.1   public about offenders who are 16 years of age or older and who 
 47.2   are out of compliance with this section for 30 days or longer 
 47.3   for failure to provide the address of the offenders' primary or 
 47.4   secondary residences addresses.  This information may be made 
 47.5   available to the public through electronic, computerized, or 
 47.6   other accessible means.  The amount and type of information made 
 47.7   available shall be is limited to the information necessary for 
 47.8   the public to assist law enforcement in locating the offender. 
 47.9      (b) An offender who comes into compliance with this section 
 47.10  after the bureau of Criminal Apprehension discloses information 
 47.11  about the offender to the public may send a written request to 
 47.12  the bureau requesting the bureau to treat information about the 
 47.13  offender as private data, consistent with subdivision 7.  The 
 47.14  bureau shall review the request and promptly take reasonable 
 47.15  action to treat the data as private, if the offender has 
 47.16  complied with the requirement that the offender provide the 
 47.17  addresses of the offender's primary and secondary 
 47.18  residences addresses, or promptly notify the offender that the 
 47.19  information will continue to be treated as public information 
 47.20  and the reasons for the bureau's decision. 
 47.21     (c) If an offender believes the information made public 
 47.22  about the offender is inaccurate or incomplete, the offender may 
 47.23  challenge the data under section 13.04, subdivision 4. 
 47.24     (d) The bureau of Criminal Apprehension is immune from any 
 47.25  civil or criminal liability that might otherwise arise, based on 
 47.26  the accuracy or completeness of any information made public 
 47.27  under this subdivision, if the bureau acts in good faith. 
 47.28     Subd. 8.  [LAW ENFORCEMENT AUTHORITY.] For purposes of this 
 47.29  section, a law enforcement authority means, with respect to a 
 47.30  home rule charter or statutory city, the chief of police, and 
 47.31  with respect to an unincorporated area, the sheriff of the 
 47.32  county. 
 47.33     Subd. 9.  [OFFENDERS FROM OTHER STATES.] When the state 
 47.34  accepts an offender from another state under a reciprocal 
 47.35  agreement under the interstate compact authorized by section 
 47.36  243.16 or 243.1605, or under any authorized interstate 
 48.1   agreement, the acceptance is conditional on the offender 
 48.2   agreeing to register under this section when the offender is 
 48.3   living in Minnesota. 
 48.4      Subd. 10.  [VENUE; AGGREGATION.] (a) A violation of this 
 48.5   section may be prosecuted in any jurisdiction where an offense 
 48.6   takes place.  However, the prosecutorial agency in the 
 48.7   jurisdiction where the person last registered a primary address 
 48.8   is initially responsible to review the case for prosecution.  
 48.9      (b) When a person commits two or more offenses in two or 
 48.10  more counties, the accused may be prosecuted for all of the 
 48.11  offenses in any county in which one of the offenses was 
 48.12  committed. 
 48.13     Subd. 11.  [CERTIFIED COPIES AS EVIDENCE.] Certified copies 
 48.14  of predatory offender registration records are admissible as 
 48.15  substantive evidence when necessary to prove the commission of a 
 48.16  violation of this section.  
 48.17     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 48.18  and applies to persons subject to predatory offender 
 48.19  registration on or after that date.  
 48.20     Sec. 2.  Minnesota Statutes 2004, section 243.167, is 
 48.21  amended to read: 
 48.22     243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER 
 48.23  REGISTRATION LAW FOR OTHER OFFENSES.] 
 48.24     Subdivision 1.  [DEFINITION.] As used in this section, 
 48.25  "crime against the person" means a violation of any of the 
 48.26  following or a similar law of another state or of the United 
 48.27  States:  section 609.165; 609.185; 609.19; 609.195; 609.20; 
 48.28  609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, 
 48.29  subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 
 48.30  609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 
 48.31  2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, 
 48.32  subdivision 2; or any felony-level violation of section 609.229; 
 48.33  609.377; 609.749; or 624.713. 
 48.34     Subd. 2.  [WHEN REQUIRED.] (a) In addition to the 
 48.35  requirements of section 243.166, a person also shall register 
 48.36  under section 243.166 if: 
 49.1      (1) the person is convicted of a crime against the person; 
 49.2   and 
 49.3      (2) the person was previously convicted of or adjudicated 
 49.4   delinquent for an offense listed in section 243.166, subdivision 
 49.5   1, paragraph (a), but was not required to register for the 
 49.6   offense because the registration requirements of that section 
 49.7   did not apply to the person at the time the offense was 
 49.8   committed or at the time the person was released from 
 49.9   imprisonment. 
 49.10     (b) A person who was previously required to register under 
 49.11  section 243.166 in any state and who has completed the 
 49.12  registration requirements of that section state shall again 
 49.13  register under section 243.166 if the person commits a crime 
 49.14  against the person. 
 49.15     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 49.16  and applies to crimes committed on or after that date.  
 49.17     Sec. 3.  [243.95] [REPORT ON COMMUNITY CORRECTIONAL 
 49.18  SUPERVISION.] 
 49.19     By January 15 of each year, the commissioner of corrections 
 49.20  shall report to the chairs of the senate and house committees 
 49.21  having jurisdiction over criminal justice policy on the number, 
 49.22  geographic location, and aggregate and average caseloads for 
 49.23  each caseload type of risk level II and risk level III sex 
 49.24  offender residing in the state for the preceding calendar year.  
 49.25  In addition, the commissioner shall provide this information for 
 49.26  all other types of offenders.  The commissioner shall compile 
 49.27  and include in the report comparative historical data for the 
 49.28  five calendar years preceding the year included in the report.  
 49.29     Sec. 4.  Minnesota Statutes 2004, section 244.052, 
 49.30  subdivision 3, is amended to read: 
 49.31     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 49.32  commissioner of corrections shall establish and administer 
 49.33  end-of-confinement review committees at each state correctional 
 49.34  facility and at each state treatment facility where predatory 
 49.35  offenders are confined.  The committees shall assess on a 
 49.36  case-by-case basis the public risk posed by predatory offenders 
 50.1   who are about to be released from confinement. 
 50.2      (b) Each committee shall be a standing committee and shall 
 50.3   consist of the following members appointed by the commissioner: 
 50.4      (1) the chief executive officer or head of the correctional 
 50.5   or treatment facility where the offender is currently confined, 
 50.6   or that person's designee; 
 50.7      (2) a law enforcement officer; 
 50.8      (3) a treatment professional who is trained in the 
 50.9   assessment of sex offenders; 
 50.10     (4) a caseworker experienced in supervising sex offenders; 
 50.11  and 
 50.12     (5) a victim's services professional. 
 50.13     Members of the committee, other than the facility's chief 
 50.14  executive officer or head, shall be appointed by the 
 50.15  commissioner to two-year terms.  The chief executive officer or 
 50.16  head of the facility or designee shall act as chair of the 
 50.17  committee and shall use the facility's staff, as needed, to 
 50.18  administer the committee, obtain necessary information from 
 50.19  outside sources, and prepare risk assessment reports on 
 50.20  offenders. 
 50.21     (c) The committee shall have access to the following data 
 50.22  on a predatory offender only for the purposes of its assessment 
 50.23  and to defend the committee's risk assessment determination upon 
 50.24  administrative review under this section: 
 50.25     (1) private medical data under section 13.384 or 144.335, 
 50.26  or welfare data under section 13.46 that relate to medical 
 50.27  treatment of the offender; 
 50.28     (2) private and confidential court services data under 
 50.29  section 13.84; 
 50.30     (3) private and confidential corrections data under section 
 50.31  13.85; and 
 50.32     (4) private criminal history data under section 13.87. 
 50.33     Data collected and maintained by the committee under this 
 50.34  paragraph may not be disclosed outside the committee, except as 
 50.35  provided under section 13.05, subdivision 3 or 4.  The predatory 
 50.36  offender has access to data on the offender collected and 
 51.1   maintained by the committee, unless the data are confidential 
 51.2   data received under this paragraph. 
 51.3      (d)(i) Except as otherwise provided in item (ii), at least 
 51.4   90 days before a predatory offender is to be released from 
 51.5   confinement, the commissioner of corrections shall convene the 
 51.6   appropriate end-of-confinement review committee for the purpose 
 51.7   of assessing the risk presented by the offender and determining 
 51.8   the risk level to which the offender shall be assigned under 
 51.9   paragraph (e).  The offender and the law enforcement agency that 
 51.10  was responsible for the charge resulting in confinement shall be 
 51.11  notified of the time and place of the committee's meeting.  The 
 51.12  offender has a right to be present and be heard at the meeting.  
 51.13  The law enforcement agency may provide material in writing that 
 51.14  is relevant to the offender's risk level to the chair of the 
 51.15  committee.  The committee shall use the risk factors described 
 51.16  in paragraph (g) and the risk assessment scale developed under 
 51.17  subdivision 2 to determine the offender's risk assessment score 
 51.18  and risk level.  Offenders scheduled for release from 
 51.19  confinement shall be assessed by the committee established at 
 51.20  the facility from which the offender is to be released.  
 51.21     (ii) If an offender is received for confinement in a 
 51.22  facility with less than 90 days remaining in the offender's term 
 51.23  of confinement, the offender's risk shall be assessed at the 
 51.24  first regularly scheduled end of confinement review committee 
 51.25  that convenes after the appropriate documentation for the risk 
 51.26  assessment is assembled by the committee.  The commissioner 
 51.27  shall make reasonable efforts to ensure that offender's risk is 
 51.28  assessed and a risk level is assigned or reassigned at least 30 
 51.29  days before the offender's release date. 
 51.30     (e) The committee shall assign to risk level I a predatory 
 51.31  offender whose risk assessment score indicates a low risk of 
 51.32  reoffense.  The committee shall assign to risk level II an 
 51.33  offender whose risk assessment score indicates a moderate risk 
 51.34  of reoffense.  The committee shall assign to risk level III an 
 51.35  offender whose risk assessment score indicates a high risk of 
 51.36  reoffense. 
 52.1      (f) Before the predatory offender is released from 
 52.2   confinement, the committee shall prepare a risk assessment 
 52.3   report which specifies the risk level to which the offender has 
 52.4   been assigned and the reasons underlying the committee's risk 
 52.5   assessment decision.  The committee shall give the report to the 
 52.6   offender and to the law enforcement agency at least 60 days 
 52.7   before an offender is released from confinement.  If the risk 
 52.8   assessment is performed under the circumstances described in 
 52.9   paragraph (d), item (ii), the report shall be given to the 
 52.10  offender and the law enforcement agency as soon as it is 
 52.11  available.  The committee also shall inform the offender of the 
 52.12  availability of review under subdivision 6. 
 52.13     (g) As used in this subdivision, "risk factors" includes, 
 52.14  but is not limited to, the following factors: 
 52.15     (1) the seriousness of the offense should the offender 
 52.16  reoffend.  This factor includes consideration of the following:  
 52.17     (i) the degree of likely force or harm; 
 52.18     (ii) the degree of likely physical contact; and 
 52.19     (iii) the age of the likely victim; 
 52.20     (2) the offender's prior offense history.  This factor 
 52.21  includes consideration of the following: 
 52.22     (i) the relationship of prior victims to the offender; 
 52.23     (ii) the number of prior offenses or victims; 
 52.24     (iii) the duration of the offender's prior offense history; 
 52.25     (iv) the length of time since the offender's last prior 
 52.26  offense while the offender was at risk to commit offenses; and 
 52.27     (v) the offender's prior history of other antisocial acts; 
 52.28     (3) the offender's characteristics.  This factor includes 
 52.29  consideration of the following:  
 52.30     (i) the offender's response to prior treatment efforts; and 
 52.31     (ii) the offender's history of substance abuse; 
 52.32     (4) the availability of community supports to the offender. 
 52.33  This factor includes consideration of the following: 
 52.34     (i) the availability and likelihood that the offender will 
 52.35  be involved in therapeutic treatment; 
 52.36     (ii) the availability of residential supports to the 
 53.1   offender, such as a stable and supervised living arrangement in 
 53.2   an appropriate location; 
 53.3      (iii) the offender's familial and social relationships, 
 53.4   including the nature and length of these relationships and the 
 53.5   level of support that the offender may receive from these 
 53.6   persons; and 
 53.7      (iv) the offender's lack of education or employment 
 53.8   stability; 
 53.9      (5) whether the offender has indicated or credible evidence 
 53.10  in the record indicates that the offender will reoffend if 
 53.11  released into the community; and 
 53.12     (6) whether the offender demonstrates a physical condition 
 53.13  that minimizes the risk of reoffense, including but not limited 
 53.14  to, advanced age or a debilitating illness or physical condition.
 53.15     (h) Upon the request of the law enforcement agency or the 
 53.16  offender's corrections agent, the commissioner may reconvene the 
 53.17  end-of-confinement review committee for the purpose of 
 53.18  reassessing the risk level to which an offender has been 
 53.19  assigned under paragraph (e).  In a request for a reassessment, 
 53.20  the law enforcement agency which was responsible for the charge 
 53.21  resulting in confinement or agent shall list the facts and 
 53.22  circumstances arising after the initial assignment or facts and 
 53.23  circumstances known to law enforcement or the agent but not 
 53.24  considered by the committee under paragraph (e) which support 
 53.25  the request for a reassessment.  The request for reassessment by 
 53.26  the law enforcement agency must occur within 30 days of receipt 
 53.27  of the report indicating the offender's risk level assignment.  
 53.28  The offender's corrections agent, in consultation with the chief 
 53.29  law enforcement officer in the area where the offender resides 
 53.30  or intends to reside, may request a review of a risk level at 
 53.31  any time if substantial evidence exists that the offender's risk 
 53.32  level should be reviewed by an end-of-confinement review 
 53.33  committee.  This evidence includes, but is not limited to, 
 53.34  evidence of treatment failures or completions, evidence of 
 53.35  exceptional crime-free community adjustment or lack of 
 53.36  appropriate adjustment, evidence of substantial community need 
 54.1   to know more about the offender or mitigating circumstances that 
 54.2   would narrow the proposed scope of notification, or other 
 54.3   practical situations articulated and based in evidence of the 
 54.4   offender's behavior while under supervision.  Upon review of the 
 54.5   request, the end-of-confinement review committee may reassign an 
 54.6   offender to a different risk level.  If the offender is 
 54.7   reassigned to a higher risk level, the offender has the right to 
 54.8   seek review of the committee's determination under subdivision 6.
 54.9      (i) An offender may request the end-of-confinement review 
 54.10  committee to reassess the offender's assigned risk level after 
 54.11  three years have elapsed since the committee's initial risk 
 54.12  assessment and may renew the request once every two years 
 54.13  following subsequent denials.  In a request for reassessment, 
 54.14  the offender shall list the facts and circumstances which 
 54.15  demonstrate that the offender no longer poses the same degree of 
 54.16  risk to the community.  In order for a request for a risk level 
 54.17  reduction to be granted, the offender must demonstrate full 
 54.18  compliance with supervised release conditions, completion of 
 54.19  required post-release treatment programming, and full compliance 
 54.20  with all registration requirements as detailed in section 
 54.21  243.166.  The offender must also not have been convicted of any 
 54.22  felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 54.23  the assignment of the original risk level.  The committee shall 
 54.24  follow the process outlined in paragraphs (a) to (c) in the 
 54.25  reassessment.  An offender who is incarcerated may not request a 
 54.26  reassessment under this paragraph. 
 54.27     (j) Offenders returned to prison as release violators shall 
 54.28  not have a right to a subsequent risk reassessment by the 
 54.29  end-of-confinement review committee unless substantial evidence 
 54.30  indicates that the offender's risk to the public has increased. 
 54.31     (k) The commissioner shall establish an end-of-confinement 
 54.32  review committee to assign a risk level to offenders who:  
 54.33     (1) are released from a any federal correctional facility 
 54.34  in Minnesota or from any state correctional facility of another 
 54.35  state, and who intend to reside in Minnesota, and to offenders; 
 54.36  or 
 55.1      (2) are accepted from another state under a reciprocal 
 55.2   agreement for parole supervision under the interstate compact 
 55.3   authorized by section 243.16 or 243.1605.  
 55.4   The committee shall make reasonable efforts to conform to the 
 55.5   same timelines as applied to Minnesota cases.  Offenders 
 55.6   accepted from another state under a reciprocal agreement for 
 55.7   probation supervision are not assigned a risk level, but are 
 55.8   considered downward dispositional departures.  The probation or 
 55.9   court services officer and law enforcement officer shall manage 
 55.10  such cases in accordance with section 244.10, subdivision 2a.  
 55.11  The policies and procedures of the committee for federal 
 55.12  offenders and interstate compact cases must be in accordance 
 55.13  with all requirements as set forth in this section, unless 
 55.14  restrictions caused by the nature of federal or interstate 
 55.15  transfers prevents such conformance. 
 55.16     (l) If the committee assigns a predatory offender to risk 
 55.17  level III, the committee shall determine whether residency 
 55.18  restrictions shall be included in the conditions of the 
 55.19  offender's release based on the offender's pattern of offending 
 55.20  behavior. 
 55.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 55.22  and applies to offenders entering the state, released from 
 55.23  confinement, subject to community notification, or sentenced on 
 55.24  or after that date.  
 55.25     Sec. 5.  Minnesota Statutes 2004, section 244.052, is 
 55.26  amended by adding a subdivision to read: 
 55.27     Subd. 3a.  [OUT-OF-STATE OFFENDERS; NOTIFICATION 
 55.28  AUTHORIZED.] (a) This subdivision applies to offenders who move 
 55.29  or have moved to Minnesota from other states and who: 
 55.30     (1) at the time of the move are subject to a community 
 55.31  notification statute similar to this section in the state from 
 55.32  which the offender is moving; and 
 55.33     (2) are not assigned a risk level under subdivision 3, 
 55.34  paragraph (k).  
 55.35     (b) The law enforcement agency in the area where an 
 55.36  offender described in paragraph (a) resides, expects to reside, 
 56.1   or is regularly found, may disclose information regarding the 
 56.2   offender consistent with subdivision 4, paragraph (a).  The 
 56.3   extent of the notification must be consistent with the 
 56.4   notification made about the offender in the state from which the 
 56.5   offender is moving or has moved.  However, the extent of the 
 56.6   notification may not exceed that of a risk level II offender 
 56.7   under subdivision 4, paragraph (b), unless the requirements of 
 56.8   paragraph (c) have been met.  Except as otherwise provided in 
 56.9   this subdivision and unless clearly inapplicable, the provisions 
 56.10  of subdivision 4 apply to notifications made under this 
 56.11  paragraph.  
 56.12     (c) If the notification made concerning the offender in the 
 56.13  state from which the offender is moving or has moved is broader 
 56.14  than that authorized for a risk level II offender under 
 56.15  subdivision 4, paragraph (b), and the agency wants to make a 
 56.16  broader disclosure, the agency may request the 
 56.17  end-of-confinement review committee at the nearest state 
 56.18  correctional or treatment facility to assign a risk level to the 
 56.19  offender.  The agency shall provide to the committee all 
 56.20  information concerning the offender's criminal history, the risk 
 56.21  the offender poses to the community, and other relevant 
 56.22  information.  In addition, the committee shall attempt to obtain 
 56.23  other information relevant to determining which risk level to 
 56.24  assign the offender.  Except as provided in this subdivision and 
 56.25  unless clearly inapplicable, the provisions of subdivision 3 
 56.26  govern the risk assessment under this paragraph.  If the 
 56.27  committee assigns the offender to risk level III, the agency may 
 56.28  disclose information in a manner consistent with a risk level 
 56.29  III offender under subdivision 4, paragraph (b). 
 56.30     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 56.31  and applies to offenders entering the state, released from 
 56.32  confinement, subject to community notification, or sentenced on 
 56.33  or after that date.  
 56.34     Sec. 6.  Minnesota Statutes 2004, section 244.052, 
 56.35  subdivision 4, is amended to read: 
 56.36     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 57.1   INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 57.2   area where the predatory offender resides, expects to reside, is 
 57.3   employed, or is regularly found, shall disclose to the public 
 57.4   any information regarding the offender contained in the report 
 57.5   forwarded to the agency under subdivision 3, paragraph (f), that 
 57.6   is relevant and necessary to protect the public and to 
 57.7   counteract the offender's dangerousness, consistent with the 
 57.8   guidelines in paragraph (b).  The extent of the information 
 57.9   disclosed and the community to whom disclosure is made must 
 57.10  relate to the level of danger posed by the offender, to the 
 57.11  offender's pattern of offending behavior, and to the need of 
 57.12  community members for information to enhance their individual 
 57.13  and collective safety. 
 57.14     (b) The law enforcement agency shall employ the following 
 57.15  guidelines in determining the scope of disclosure made under 
 57.16  this subdivision: 
 57.17     (1) if the offender is assigned to risk level I, the agency 
 57.18  may maintain information regarding the offender within the 
 57.19  agency and may disclose it to other law enforcement agencies.  
 57.20  Additionally, the agency may disclose the information to any 
 57.21  victims of or witnesses to the offense committed by the 
 57.22  offender. The agency shall disclose the information to victims 
 57.23  of the offense committed by the offender who have requested 
 57.24  disclosure and to adult members of the offender's immediate 
 57.25  household; 
 57.26     (2) if the offender is assigned to risk level II, the 
 57.27  agency also may disclose the information to agencies and groups 
 57.28  that the offender is likely to encounter for the purpose of 
 57.29  securing those institutions and protecting individuals in their 
 57.30  care while they are on or near the premises of the institution.  
 57.31  These agencies and groups include the staff members of public 
 57.32  and private educational institutions, day care establishments, 
 57.33  and establishments and organizations that primarily serve 
 57.34  individuals likely to be victimized by the offender.  The agency 
 57.35  also may disclose the information to individuals the agency 
 57.36  believes are likely to be victimized by the offender.  The 
 58.1   agency's belief shall be based on the offender's pattern of 
 58.2   offending or victim preference as documented in the information 
 58.3   provided by the department of corrections or human services; 
 58.4      (3) if the offender is assigned to risk level III, the 
 58.5   agency shall disclose the information to the persons and 
 58.6   entities described in clauses (1) and (2) and to other members 
 58.7   of the community whom the offender is likely to encounter, 
 58.8   unless the law enforcement agency determines that public safety 
 58.9   would be compromised by the disclosure or that a more limited 
 58.10  disclosure is necessary to protect the identity of the victim. 
 58.11     Notwithstanding the assignment of a predatory offender to 
 58.12  risk level II or III, a law enforcement agency may not make the 
 58.13  disclosures permitted or required by clause (2) or (3), if:  the 
 58.14  offender is placed or resides in a residential facility.  
 58.15  However, if an offender is placed or resides in a residential 
 58.16  facility, the offender and the head of the facility shall 
 58.17  designate the offender's likely residence upon release from the 
 58.18  facility and the head of the facility shall notify the 
 58.19  commissioner of corrections or the commissioner of human 
 58.20  services of the offender's likely residence at least 14 days 
 58.21  before the offender's scheduled release date.  The commissioner 
 58.22  shall give this information to the law enforcement agency having 
 58.23  jurisdiction over the offender's likely residence.  The head of 
 58.24  the residential facility also shall notify the commissioner of 
 58.25  corrections or human services within 48 hours after finalizing 
 58.26  the offender's approved relocation plan to a permanent 
 58.27  residence.  Within five days after receiving this notification, 
 58.28  the appropriate commissioner shall give to the appropriate law 
 58.29  enforcement agency all relevant information the commissioner has 
 58.30  concerning the offender, including information on the risk 
 58.31  factors in the offender's history and the risk level to which 
 58.32  the offender was assigned.  After receiving this information, 
 58.33  the law enforcement agency shall make the disclosures permitted 
 58.34  or required by clause (2) or (3), as appropriate. 
 58.35     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 58.36  to encounter" means that:  
 59.1      (1) the organizations or community members are in a 
 59.2   location or in close proximity to a location where the offender 
 59.3   lives or is employed, or which the offender visits or is likely 
 59.4   to visit on a regular basis, other than the location of the 
 59.5   offender's outpatient treatment program; and 
 59.6      (2) the types of interaction which ordinarily occur at that 
 59.7   location and other circumstances indicate that contact with the 
 59.8   offender is reasonably certain. 
 59.9      (d) A law enforcement agency or official who discloses 
 59.10  information under this subdivision shall make a good faith 
 59.11  effort to make the notification within 14 days of receipt of a 
 59.12  confirmed address from the Department of Corrections indicating 
 59.13  that the offender will be, or has been, released from 
 59.14  confinement, or accepted for supervision, or has moved to a new 
 59.15  address and will reside at the address indicated.  If a change 
 59.16  occurs in the release plan, this notification provision does not 
 59.17  require an extension of the release date.  
 59.18     (e) A law enforcement agency or official who discloses 
 59.19  information under this subdivision shall not disclose the 
 59.20  identity or any identifying characteristics of the victims of or 
 59.21  witnesses to the offender's offenses. 
 59.22     (f) A law enforcement agency shall continue to disclose 
 59.23  information on an offender as required by this subdivision for 
 59.24  as long as the offender is required to register under section 
 59.25  243.166.  This requirement on a law enforcement agency to 
 59.26  continue to disclose information also applies to an offender who 
 59.27  lacks a primary address and is registering under section 
 59.28  243.166, subdivision 3a. 
 59.29     (g) A law enforcement agency that is disclosing information 
 59.30  on an offender assigned to risk level III to the public under 
 59.31  this subdivision shall inform the commissioner of corrections 
 59.32  what information is being disclosed and forward this information 
 59.33  to the commissioner within two days of the agency's 
 59.34  determination.  The commissioner shall post this information on 
 59.35  the Internet as required in subdivision 4b. 
 59.36     (h) A city council may adopt a policy that addresses when 
 60.1   information disclosed under this subdivision must be presented 
 60.2   in languages in addition to English.  The policy may address 
 60.3   when information must be presented orally, in writing, or both 
 60.4   in additional languages by the law enforcement agency disclosing 
 60.5   the information.  The policy may provide for different 
 60.6   approaches based on the prevalence of non-English languages in 
 60.7   different neighborhoods. 
 60.8      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 60.9   and applies to offenders entering the state, released from 
 60.10  confinement, subject to community notification, or sentenced on 
 60.11  or after that date.  
 60.12     Sec. 7.  Minnesota Statutes 2004, section 244.10, 
 60.13  subdivision 2a, is amended to read: 
 60.14     Subd. 2a.  [NOTICE OF INFORMATION REGARDING PREDATORY 
 60.15  OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 
 60.16  person is convicted of an offense and the presumptive sentence 
 60.17  under the Sentencing Guidelines is commitment to the custody of 
 60.18  the commissioner of corrections, if the court grants a 
 60.19  dispositional departure and stays imposition or execution of 
 60.20  sentence, the probation or court services officer who is 
 60.21  assigned to supervise the offender shall provide in writing to 
 60.22  the following the fact that the offender is on probation and the 
 60.23  terms and conditions of probation: 
 60.24     (1) a victim of and any witnesses to the offense committed 
 60.25  by the offender, if the victim or the witness has requested 
 60.26  notice; and 
 60.27     (2) the chief law enforcement officer in the area where the 
 60.28  offender resides or intends to reside. 
 60.29     The law enforcement officer, in consultation with the 
 60.30  offender's probation officer, may provide all or part of this 
 60.31  information to any of the following agencies or groups the 
 60.32  offender is likely to encounter:  public and private educational 
 60.33  institutions, day care establishments, and establishments or 
 60.34  organizations that primarily serve individuals likely to be 
 60.35  victimized by the offender.  The law enforcement officer, in 
 60.36  consultation with the offender's probation officer, also may 
 61.1   disclose the information to individuals the officer believes are 
 61.2   likely to be victimized by the offender.  The officer's belief 
 61.3   shall be based on the offender's pattern of offending or victim 
 61.4   preference as documented in the information provided by the 
 61.5   Department of Corrections or Department of Human Services.  
 61.6      The probation officer is not required under this 
 61.7   subdivision to provide any notice while the offender is placed 
 61.8   or resides in a residential facility that is licensed under 
 61.9   section 245A.02, subdivision 14, or 241.021, if the facility 
 61.10  staff is trained in the supervision of sex offenders. 
 61.11     (b) Paragraph (a) applies only to offenders required to 
 61.12  register under section 243.166, as a result of the conviction. 
 61.13     (c) The notice authorized by paragraph (a) shall be limited 
 61.14  to data classified as public under section 13.84, subdivision 6, 
 61.15  unless the offender provides informed consent to authorize the 
 61.16  release of nonpublic data or unless a court order authorizes the 
 61.17  release of nonpublic data. 
 61.18     (d) Nothing in this subdivision shall be interpreted to 
 61.19  impose a duty on any person to use any information regarding an 
 61.20  offender about whom notification is made under this subdivision. 
 61.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 61.22  and applies to offenders entering the state, released from 
 61.23  confinement, subject to community notification, or sentenced on 
 61.24  or after that date.  
 61.25     Sec. 8.  Minnesota Statutes 2004, section 253B.18, 
 61.26  subdivision 5, is amended to read: 
 61.27     Subd. 5.  [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 
 61.28  (a) A petition for an order of transfer, discharge, provisional 
 61.29  discharge, or revocation of provisional discharge shall be filed 
 61.30  with the commissioner and may be filed by the patient or by the 
 61.31  head of the treatment facility.  A patient may not petition the 
 61.32  special review board for six months following commitment under 
 61.33  subdivision 3 or following the final disposition of any previous 
 61.34  petition and subsequent appeal by the patient.  The medical 
 61.35  director may petition at any time.  
 61.36     (b) Fourteen days prior to the hearing, the committing 
 62.1   court, the county attorney of the county of commitment, the 
 62.2   designated agency, interested person, the petitioner, and the 
 62.3   petitioner's counsel shall be given written notice by the 
 62.4   commissioner of the time and place of the hearing before the 
 62.5   special review board.  Only those entitled to statutory notice 
 62.6   of the hearing or those administratively required to attend may 
 62.7   be present at the hearing.  The patient may designate interested 
 62.8   persons to receive notice by providing the names and addresses 
 62.9   to the commissioner at least 21 days before the hearing.  The 
 62.10  board shall provide the commissioner with written findings of 
 62.11  fact and recommendations within 21 days of the hearing.  The 
 62.12  commissioner shall issue an order no later than 14 days after 
 62.13  receiving the recommendation of the special review board.  A 
 62.14  copy of the order shall be sent by certified mail to every 
 62.15  person entitled to statutory notice of the hearing within five 
 62.16  days after it is signed.  No order by the commissioner shall be 
 62.17  effective sooner than 30 days after the order is signed, unless 
 62.18  the county attorney, the patient, and the commissioner agree 
 62.19  that it may become effective sooner.  
 62.20     (c) The special review board shall hold a hearing on each 
 62.21  petition prior to making its recommendation to the 
 62.22  commissioner.  The special review board proceedings are not 
 62.23  contested cases as defined in chapter 14.  Any person or agency 
 62.24  receiving notice that submits documentary evidence to the 
 62.25  special review board prior to the hearing shall also provide 
 62.26  copies to the patient, the patient's counsel, the county 
 62.27  attorney of the county of commitment, the case manager, and the 
 62.28  commissioner. 
 62.29     (d) Prior to the final decision by the commissioner, the 
 62.30  special review board may be reconvened to consider events or 
 62.31  circumstances that occurred subsequent to the hearing. 
 62.32     (e) In making their recommendations and order, the special 
 62.33  review board and commissioner must consider any statements 
 62.34  received from victims under subdivision 5a. 
 62.35     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 62.36     Sec. 9.  Minnesota Statutes 2004, section 253B.18, is 
 63.1   amended by adding a subdivision to read: 
 63.2      Subd. 5a.  [VICTIM NOTIFICATION OF PETITION AND RELEASE; 
 63.3   RIGHT TO SUBMIT STATEMENT.] (a) As used in this subdivision:  
 63.4      (1) "crime" has the meaning given to "violent crime" in 
 63.5   section 609.1095, and includes criminal sexual conduct in the 
 63.6   fifth degree and offenses within the definition of "crime 
 63.7   against the person" in section 253B.02, subdivision 4a, and also 
 63.8   includes offenses listed in section 253B.02, subdivision 7a, 
 63.9   paragraph (b), regardless of whether they are sexually 
 63.10  motivated; 
 63.11     (2) "victim" means a person who has incurred loss or harm 
 63.12  as a result of a crime the behavior for which forms the basis 
 63.13  for a commitment under this section or section 253B.185; and 
 63.14     (3) "convicted" and "conviction" have the meanings given in 
 63.15  section 609.02, subdivision 5, and also include juvenile court 
 63.16  adjudications, findings under Minnesota Rules of Criminal 
 63.17  Procedure, Rule 20.02, that the elements of a crime have been 
 63.18  proved, and findings in commitment cases under this section or 
 63.19  section 253B.185 that an act or acts constituting a crime 
 63.20  occurred.  
 63.21     (b) A county attorney who files a petition to commit a 
 63.22  person under this section or section 253B.185 shall make a 
 63.23  reasonable effort to provide prompt notice of filing the 
 63.24  petition to any victim of a crime for which the person was 
 63.25  convicted.  In addition, the county attorney shall make a 
 63.26  reasonable effort to promptly notify the victim of the 
 63.27  resolution of the petition.  
 63.28     (c) Before provisionally discharging, discharging, granting 
 63.29  pass-eligible status, approving a pass plan, or otherwise 
 63.30  permanently or temporarily releasing a person committed under 
 63.31  this section or section 253B.185 from a treatment facility, the 
 63.32  head of the treatment facility shall make a reasonable effort to 
 63.33  notify any victim of a crime for which the person was convicted 
 63.34  that the person may be discharged or released and that the 
 63.35  victim has a right to submit a written statement regarding 
 63.36  decisions of the medical director, special review board, or 
 64.1   commissioner with respect to the person.  To the extent 
 64.2   possible, the notice must be provided at least 14 days before 
 64.3   any special review board hearing or before a determination on a 
 64.4   pass plan.  
 64.5      (d) This subdivision applies only to victims who have 
 64.6   requested notification by contacting, in writing, the county 
 64.7   attorney in the county where the conviction for the crime 
 64.8   occurred.  A county attorney who receives a request for 
 64.9   notification under this paragraph shall promptly forward the 
 64.10  request to the commissioner of human services.  
 64.11     (e) The rights under this subdivision are in addition to 
 64.12  rights available to a victim under chapter 611A.  This provision 
 64.13  does not give a victim all the rights of a "notified person" or 
 64.14  a person "entitled to statutory notice" under subdivision 4a, 
 64.15  4b, or 5. 
 64.16     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 64.17     Sec. 10.  [609.3456] [USE OF POLYGRAPHS FOR SEX OFFENDERS 
 64.18  ON PROBATION OR CONDITIONAL RELEASE.] 
 64.19     (a) A court may order as an intermediate sanction under 
 64.20  section 609.135 and the commissioner of corrections may order as 
 64.21  a condition of release under section 244.05 or 609.3455 that an 
 64.22  offender under supervision for a sex offense submit to 
 64.23  polygraphic examinations to ensure compliance with the terms of 
 64.24  probation or conditions of release.  
 64.25     (b) The court or commissioner may order the offender to pay 
 64.26  all or a portion of the costs of the examinations.  The fee may 
 64.27  be waived if the offender is indigent or if payment would result 
 64.28  in an economic hardship to the offender's immediate family.  
 64.29     [EFFECTIVE DATE.] This section is effective the day 
 64.30  following final enactment.  
 64.31     Sec. 11.  [PROTOCOL ON USE OF POLYGRAPHS.] 
 64.32     By September 1, 2005, the chief justice of the Supreme 
 64.33  Court, in consultation with the Conference of Chief Judges, is 
 64.34  requested to develop a protocol for the use of polygraphic 
 64.35  examinations for sex offenders placed on probation under 
 64.36  Minnesota Statutes, section 609.3456.  This protocol shall be 
 65.1   distributed to judges across the state.  
 65.2      [EFFECTIVE DATE.] This section is effective the day 
 65.3   following final enactment.  
 65.4      Sec. 12.  [SUPREME COURT STUDY ON SEXUALLY DANGEROUS PERSON 
 65.5   AND SEXUAL PSYCHOPATHIC PERSONALITY CIVIL COMMITMENTS.] 
 65.6      Subdivision 1.  [ESTABLISHMENT.] The Supreme Court is 
 65.7   requested to study the following related to the civil commitment 
 65.8   of sexually dangerous persons and sexual psychopathic 
 65.9   personalities under Minnesota Statutes, section 253B.185: 
 65.10     (1) the development and use of a statewide panel of defense 
 65.11  attorneys to represent those persons after a commitment petition 
 65.12  is filed; and 
 65.13     (2) the development and use of a statewide panel of judges 
 65.14  to hear these petitions.  
 65.15     Subd. 2.  [REPORT.] The Supreme Court shall report its 
 65.16  findings and recommendations to the chairs and ranking minority 
 65.17  members of the house of representatives and senate committees 
 65.18  and divisions having jurisdiction over criminal justice and 
 65.19  civil law policy and funding by February 1, 2006. 
 65.20     [EFFECTIVE DATE.] This section is effective the day 
 65.21  following final enactment. 
 65.22     Sec. 13.  [REPORT ON SEX OFFENDERS BEING RELEASED FROM 
 65.23  PRISON.] 
 65.24     By January 15, 2006, the commissioner of corrections shall 
 65.25  report to the chairs and ranking minority members of the senate 
 65.26  and house committees and divisions having jurisdiction over 
 65.27  criminal justice policy and funding on the release of sex 
 65.28  offenders from prison.  The report must include information on 
 65.29  the number of offenders that the commissioner estimates will be 
 65.30  released each year for the next five years, recommendations on 
 65.31  how best to supervise these offenders, and recommendations on 
 65.32  how best to fund this supervision.  
 65.33     Sec. 14.  [REVISOR INSTRUCTION.] 
 65.34     The revisor of statutes shall change all references to 
 65.35  section 243.166, subdivision 1, in Minnesota Statutes to section 
 65.36  243.166.  In addition, the revisor shall make other technical 
 66.1   changes necessitated by this article.  
 66.2      [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 66.3      Sec. 15.  [REPEALER.] 
 66.4      Minnesota Statutes 2004, section 243.166, subdivisions 1 
 66.5   and 8, are repealed. 
 66.6      [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 66.7                              ARTICLE 4 
 66.8              LEGISLATIVE AUDITOR'S RECOMMENDED CHANGES 
 66.9      Section 1.  Minnesota Statutes 2004, section 241.06, is 
 66.10  amended to read: 
 66.11     241.06 [RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.] 
 66.12     Subdivision 1.  [GENERAL.] The commissioner of corrections 
 66.13  shall keep in the commissioner's office, accessible only by the 
 66.14  commissioner's consent or on the order of a judge or court of 
 66.15  record, a record showing the residence, sex, age, nativity, 
 66.16  occupation, civil condition, and date of entrance or commitment 
 66.17  of every person, inmate, or convict in the facilities under the 
 66.18  commissioner's exclusive control, the date of discharge and 
 66.19  whether such discharge was final, the condition of such person 
 66.20  when the person left the facility, and the date and cause of all 
 66.21  deaths.  The records shall state every transfer from one 
 66.22  facility to another, naming each.  This information shall be 
 66.23  furnished to the commissioner of corrections by each facility, 
 66.24  with such other obtainable facts as the commissioner may from 
 66.25  time to time require.  The chief executive officer of each such 
 66.26  facility, within ten days after the commitment or entrance 
 66.27  thereto of a person, inmate, or convict, shall cause a true copy 
 66.28  of the entrance record to be forwarded to the commissioner of 
 66.29  corrections.  When a person, inmate, or convict leaves, is 
 66.30  discharged or transferred, or dies in any facility, the chief 
 66.31  executive officer, or other person in charge shall inform the 
 66.32  commissioner of corrections within ten days thereafter on forms 
 66.33  furnished by the commissioner.  
 66.34     The commissioner of corrections may authorize the chief 
 66.35  executive officer of any facility under the commissioner's 
 66.36  control to release to probation officers, local social services 
 67.1   agencies or other specifically designated interested persons or 
 67.2   agencies any information regarding any person, inmate, or 
 67.3   convict thereat, if, in the opinion of the commissioner, it will 
 67.4   be for the benefit of the person, inmate, or convict.  
 67.5      Subd. 2.  [SEX OFFENDER INFORMATION PROVIDED TO SUPERVISING 
 67.6   CORRECTIONS AGENCY.] When an offender who is required to 
 67.7   register as a predatory offender under section 243.166 is being 
 67.8   released from prison, the commissioner shall provide to the 
 67.9   corrections agency that will supervise the offender, the 
 67.10  offender's prison records relating to psychological assessments, 
 67.11  medical and mental health issues, and treatment.  
 67.12     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 67.13     Sec. 2.  Minnesota Statutes 2004, section 241.67, 
 67.14  subdivision 7, is amended to read: 
 67.15     Subd. 7.  [FUNDING PRIORITY; PROGRAM EFFECTIVENESS.] (a) 
 67.16  Unless otherwise directed by the terms of a particular 
 67.17  appropriations provision, the commissioner shall give priority 
 67.18  to the funding of juvenile sex offender programs over the 
 67.19  funding of adult sex offender programs. 
 67.20     (b) Every county or private sex offender program that seeks 
 67.21  new or continued state funding or reimbursement shall provide 
 67.22  the commissioner with any information relating to the program's 
 67.23  effectiveness that the commissioner considers necessary.  The 
 67.24  commissioner shall deny state funding or reimbursement to any 
 67.25  county or private program that fails to provide this information 
 67.26  or that appears to be an ineffective program. 
 67.27     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 67.28     Sec. 3.  Minnesota Statutes 2004, section 241.67, 
 67.29  subdivision 8, is amended to read: 
 67.30     Subd. 8.  [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 
 67.31  PROJECT.] (a) For the purposes of this project subdivision, a 
 67.32  sex offender is an adult who has been convicted, or a juvenile 
 67.33  who has been adjudicated, for a sex offense or a sex-related 
 67.34  offense which would require registration under section 243.166. 
 67.35     (b) The commissioner shall develop a long-term project to 
 67.36  accomplish the following: 
 68.1      (1) provide collect follow-up information on each sex 
 68.2   offender for a period of three years following the offender's 
 68.3   completion of or termination from treatment for the purpose of 
 68.4   providing periodic reports to the legislature; 
 68.5      (2) provide treatment programs in several geographical 
 68.6   areas in the state; 
 68.7      (3) provide the necessary data to form the basis to 
 68.8   recommend a fiscally sound plan to provide a coordinated 
 68.9   statewide system of effective sex offender treatment 
 68.10  programming; and 
 68.11     (4) provide an opportunity to local and regional 
 68.12  governments, agencies, and programs to establish models of sex 
 68.13  offender programs that are suited to the needs of that region. 
 68.14     (c) The commissioner shall establish an advisory task force 
 68.15  consisting of county probation officers from Community 
 68.16  Corrections Act counties and other counties, court services 
 68.17  providers, and other interested officials.  The commissioner 
 68.18  shall consult with the task force concerning the establishment 
 68.19  and operation of the project on how best to implement the 
 68.20  requirements of this subdivision. 
 68.21     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 68.22     Sec. 4.  Minnesota Statutes 2004, section 243.166, is 
 68.23  amended by adding a subdivision to read: 
 68.24     Subd. 4b.  [HEALTH CARE FACILITY; NOTICE OF STATUS.] (a) As 
 68.25  used in this subdivision, "health care facility" means a 
 68.26  hospital or other entity licensed under sections 144.50 to 
 68.27  144.58, a nursing home licensed to serve adults under section 
 68.28  144A.02, or a group residential housing facility or an 
 68.29  intermediate care facility for the mentally retarded licensed 
 68.30  under chapter 245A. 
 68.31     (b) Upon admittance to a health care facility, a person 
 68.32  required to register under this section shall disclose to: 
 68.33     (1) the health care facility employee processing the 
 68.34  admission the person's status as a registered predatory offender 
 68.35  under this section; and 
 68.36     (2) the person's corrections agent, or if the person does 
 69.1   not have an assigned corrections agent, the law enforcement 
 69.2   authority with whom the person is currently required to 
 69.3   register, that inpatient admission has occurred. 
 69.4      (c) A law enforcement authority or corrections agent who 
 69.5   receives notice under paragraph (b) or who knows that a person 
 69.6   required to register under this section has been admitted and is 
 69.7   receiving health care at a health care facility shall notify the 
 69.8   administrator of the facility. 
 69.9      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 69.10  and applies to persons who are subject to predatory offender 
 69.11  registration on or after that date.  
 69.12     Sec. 5.  [244.056] [SEX OFFENDER SEEKING HOUSING IN 
 69.13  JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.] 
 69.14     If a corrections agency supervising an offender who is 
 69.15  required to register as a predatory offender under section 
 69.16  243.166 and who is classified by the department as a public risk 
 69.17  monitoring case has knowledge that the offender is seeking 
 69.18  housing arrangements in a location under the jurisdiction of 
 69.19  another corrections agency, the agency shall notify the other 
 69.20  agency of this and initiate a supervision transfer request.  
 69.21     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 69.22     Sec. 6.  [244.057] [PLACEMENT OF SEX OFFENDER IN HOUSEHOLD 
 69.23  WITH CHILDREN.] 
 69.24     A corrections agency supervising an offender required to 
 69.25  register as a predatory offender under section 243.166 shall 
 69.26  notify the appropriate child protection agency before 
 69.27  authorizing the offender to live in a household where children 
 69.28  are residing.  
 69.29     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 69.30     Sec. 7.  Minnesota Statutes 2004, section 609.3452, 
 69.31  subdivision 1, is amended to read: 
 69.32     Subdivision 1.  [ASSESSMENT REQUIRED.] When a person is 
 69.33  convicted of a sex offense, the court shall order an independent 
 69.34  professional assessment of the offender's need for sex offender 
 69.35  treatment to be completed before sentencing.  The court may 
 69.36  waive the assessment if:  (1) the Sentencing Guidelines provide 
 70.1   a presumptive prison sentence for the offender, or (2) an 
 70.2   adequate assessment was conducted prior to the conviction.  An 
 70.3   assessor providing an assessment for the court must be 
 70.4   experienced in the evaluation and treatment of sex offenders. 
 70.5      [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 70.6      Sec. 8.  Minnesota Statutes 2004, section 626.556, 
 70.7   subdivision 3, is amended to read: 
 70.8      Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 70.9   knows or has reason to believe a child is being neglected or 
 70.10  physically or sexually abused, as defined in subdivision 2, or 
 70.11  has been neglected or physically or sexually abused within the 
 70.12  preceding three years, shall immediately report the information 
 70.13  to the local welfare agency, agency responsible for assessing or 
 70.14  investigating the report, police department, or the county 
 70.15  sheriff if the person is:  
 70.16     (1) a professional or professional's delegate who is 
 70.17  engaged in the practice of the healing arts, social services, 
 70.18  hospital administration, psychological or psychiatric treatment, 
 70.19  child care, education, correctional supervision, or law 
 70.20  enforcement; or 
 70.21     (2) employed as a member of the clergy and received the 
 70.22  information while engaged in ministerial duties, provided that a 
 70.23  member of the clergy is not required by this subdivision to 
 70.24  report information that is otherwise privileged under section 
 70.25  595.02, subdivision 1, paragraph (c).  
 70.26     The police department or the county sheriff, upon receiving 
 70.27  a report, shall immediately notify the local welfare agency or 
 70.28  agency responsible for assessing or investigating the report, 
 70.29  orally and in writing.  The local welfare agency, or agency 
 70.30  responsible for assessing or investigating the report, upon 
 70.31  receiving a report, shall immediately notify the local police 
 70.32  department or the county sheriff orally and in writing.  The 
 70.33  county sheriff and the head of every local welfare agency, 
 70.34  agency responsible for assessing or investigating reports, and 
 70.35  police department shall each designate a person within their 
 70.36  agency, department, or office who is responsible for ensuring 
 71.1   that the notification duties of this paragraph and paragraph (b) 
 71.2   are carried out.  Nothing in this subdivision shall be construed 
 71.3   to require more than one report from any institution, facility, 
 71.4   school, or agency. 
 71.5      (b) Any person may voluntarily report to the local welfare 
 71.6   agency, agency responsible for assessing or investigating the 
 71.7   report, police department, or the county sheriff if the person 
 71.8   knows, has reason to believe, or suspects a child is being or 
 71.9   has been neglected or subjected to physical or sexual abuse.  
 71.10  The police department or the county sheriff, upon receiving a 
 71.11  report, shall immediately notify the local welfare agency or 
 71.12  agency responsible for assessing or investigating the report, 
 71.13  orally and in writing.  The local welfare agency or agency 
 71.14  responsible for assessing or investigating the report, upon 
 71.15  receiving a report, shall immediately notify the local police 
 71.16  department or the county sheriff orally and in writing. 
 71.17     (c) A person mandated to report physical or sexual child 
 71.18  abuse or neglect occurring within a licensed facility shall 
 71.19  report the information to the agency responsible for licensing 
 71.20  the facility under sections 144.50 to 144.58; 241.021; 245A.01 
 71.21  to 245A.16; or chapter 245B; or a nonlicensed personal care 
 71.22  provider organization as defined in sections 256B.04, 
 71.23  subdivision 16; and 256B.0625, subdivision 19.  A health or 
 71.24  corrections agency receiving a report may request the local 
 71.25  welfare agency to provide assistance pursuant to subdivisions 
 71.26  10, 10a, and 10b.  A board or other entity whose licensees 
 71.27  perform work within a school facility, upon receiving a 
 71.28  complaint of alleged maltreatment, shall provide information 
 71.29  about the circumstances of the alleged maltreatment to the 
 71.30  commissioner of education.  Section 13.03, subdivision 4, 
 71.31  applies to data received by the commissioner of education from a 
 71.32  licensing entity.  
 71.33     (d) Any person mandated to report shall receive a summary 
 71.34  of the disposition of any report made by that reporter, 
 71.35  including whether the case has been opened for child protection 
 71.36  or other services, or if a referral has been made to a community 
 72.1   organization, unless release would be detrimental to the best 
 72.2   interests of the child.  Any person who is not mandated to 
 72.3   report shall, upon request to the local welfare agency, receive 
 72.4   a concise summary of the disposition of any report made by that 
 72.5   reporter, unless release would be detrimental to the best 
 72.6   interests of the child. 
 72.7      (e) For purposes of this subdivision, "immediately" means 
 72.8   as soon as possible but in no event longer than 24 hours. 
 72.9      [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 72.10     Sec. 9.  [WORKING GROUP ON SEX OFFENDER MANAGEMENT.] 
 72.11     Subdivision 1.  [WORKING GROUP ESTABLISHED.] The 
 72.12  commissioner of corrections shall convene a working group of 
 72.13  individuals knowledgeable in the supervision and treatment of 
 72.14  sex offenders.  The group must include individuals from both 
 72.15  inside and outside of the Department of Corrections.  The 
 72.16  commissioner shall ensure broad representation in the group, 
 72.17  including representatives from all three probation systems and 
 72.18  from diverse parts of the state.  The working group shall study 
 72.19  and make recommendations on the issues listed in this section.  
 72.20  To the degree feasible, the group shall consider how these 
 72.21  issues are addressed in other states.  
 72.22     Subd. 2.  [ISSUES TO BE STUDIED.] The working group shall 
 72.23  review and make recommendations on: 
 72.24     (1) statewide standards regarding the minimum frequency of 
 72.25  in-person contacts between sex offenders and their correctional 
 72.26  agents, including, but not limited to, home visits; 
 72.27     (2) a model set of special conditions of sex offender 
 72.28  supervision that can be used by courts and corrections agencies 
 72.29  throughout Minnesota; 
 72.30     (3) statewide standards regarding the documentation by 
 72.31  correctional agents of their supervision activities; 
 72.32     (4) standards to provide corrections agencies with guidance 
 72.33  regarding sex offender assessment practices; 
 72.34     (5) policies that encourage sentencing conditions and 
 72.35  prison release plans to clearly distinguish between sex offender 
 72.36  treatment programs and other types of programs and services and 
 73.1   to clearly specify which type of program the offender is 
 73.2   required to complete; 
 73.3      (6) ways to improve the Department of Corrections' prison 
 73.4   release planning practices for sex offenders, including sex 
 73.5   offenders with chemical dependency needs or mental health needs; 
 73.6      (7) methods and timetables for periodic external reviews of 
 73.7   sex offender supervision practices; 
 73.8      (8) statewide standards for the use of polygraphs by 
 73.9   corrections agencies and sex offender treatment programs; 
 73.10     (9) statewide standards specifying basic program elements 
 73.11  for community-based sex offender treatment programs, including, 
 73.12  but not limited to, staff qualifications, case planning, use of 
 73.13  polygraphs, and progress reports prepared for supervising 
 73.14  agencies; 
 73.15     (10) a statewide protocol on the sharing of sex offender 
 73.16  information between corrections agencies and child protection 
 73.17  agencies in situations where offenders are placed in households 
 73.18  where children reside; 
 73.19     (11) best practices for supervising sex offenders such as 
 73.20  intensive supervised release, specialized caseloads, and other 
 73.21  innovative methods, ideal caseload sizes for supervising agents, 
 73.22  and methods to implement this in a manner that does not 
 73.23  negatively impact the supervision of other types of offenders; 
 73.24  and 
 73.25     (12) any other issues related to sex offender treatment and 
 73.26  management that the working group deems appropriate.  
 73.27     Subd. 3.  [REVIEW OF NEW LAWS.] The working group shall 
 73.28  also review the provisions of any laws enacted in 2005 relating 
 73.29  to sex offender supervision and treatment.  The group shall make 
 73.30  recommendations on whether any changes to these provisions 
 73.31  should be considered by the legislature.  
 73.32     Subd. 4.  [REPORT.] By February 15, 2006, the working group 
 73.33  shall report its recommendations to the chairs and ranking 
 73.34  minority members of the senate and house committees having 
 73.35  jurisdiction over criminal justice policy.  
 73.36     Subd. 5.  [POLICIES REQUIRED.] After considering the 
 74.1   recommendations of the working group, the commissioner of 
 74.2   corrections shall implement policies and standards relating to 
 74.3   the issues described in subdivision 2 over which the 
 74.4   commissioner has jurisdiction.  
 74.5      [EFFECTIVE DATE.] This section is effective the day 
 74.6   following final enactment. 
 74.7      Sec. 10.  [PRISON-BASED SEX OFFENDER TREATMENT PROGRAMS; 
 74.8   REPORT.] 
 74.9      By February 15, 2006, the commissioner of corrections shall 
 74.10  report to the chairs and ranking minority members of the senate 
 74.11  and house committees having jurisdiction over criminal justice 
 74.12  policy on prison-based sex offender treatment programs.  The 
 74.13  report must:  
 74.14     (1) examine options for increasing the number of inmates 
 74.15  participating in these programs; 
 74.16     (2) examine the adequacy of funding for these programs; 
 74.17     (3) examine options for treating inmates who have limited 
 74.18  periods of time remaining in their terms of imprisonment; 
 74.19     (4) examine the merits and limitations of extending an 
 74.20  inmate's term of imprisonment for refusing to participate in 
 74.21  treatment; and 
 74.22     (5) examine any other related issues deemed relevant by the 
 74.23  commissioner. 
 74.24                             ARTICLE 5 
 74.25                           SEX OFFENDERS: 
 74.26                  TECHNICAL AND CONFORMING CHANGES 
 74.27     Section 1.  Minnesota Statutes 2004, section 14.03, 
 74.28  subdivision 3, is amended to read: 
 74.29     Subd. 3.  [RULEMAKING PROCEDURES.] (a) The definition of a 
 74.30  rule in section 14.02, subdivision 4, does not include: 
 74.31     (1) rules concerning only the internal management of the 
 74.32  agency or other agencies that do not directly affect the rights 
 74.33  of or procedures available to the public; 
 74.34     (2) an application deadline on a form; and the remainder of 
 74.35  a form and instructions for use of the form to the extent that 
 74.36  they do not impose substantive requirements other than 
 75.1   requirements contained in statute or rule; 
 75.2      (3) the curriculum adopted by an agency to implement a 
 75.3   statute or rule permitting or mandating minimum educational 
 75.4   requirements for persons regulated by an agency, provided the 
 75.5   topic areas to be covered by the minimum educational 
 75.6   requirements are specified in statute or rule; 
 75.7      (4) procedures for sharing data among government agencies, 
 75.8   provided these procedures are consistent with chapter 13 and 
 75.9   other law governing data practices.  
 75.10     (b) The definition of a rule in section 14.02, subdivision 
 75.11  4, does not include: 
 75.12     (1) rules of the commissioner of corrections relating to 
 75.13  the release, placement, term, and supervision of inmates serving 
 75.14  a supervised release or conditional release term, the internal 
 75.15  management of institutions under the commissioner's control, and 
 75.16  rules adopted under section 609.105 governing the inmates of 
 75.17  those institutions; 
 75.18     (2) rules relating to weight limitations on the use of 
 75.19  highways when the substance of the rules is indicated to the 
 75.20  public by means of signs; 
 75.21     (3) opinions of the attorney general; 
 75.22     (4) the data element dictionary and the annual data 
 75.23  acquisition calendar of the Department of Education to the 
 75.24  extent provided by section 125B.07; 
 75.25     (5) the occupational safety and health standards provided 
 75.26  in section 182.655; 
 75.27     (6) revenue notices and tax information bulletins of the 
 75.28  commissioner of revenue; 
 75.29     (7) uniform conveyancing forms adopted by the commissioner 
 75.30  of commerce under section 507.09; or 
 75.31     (8) the interpretive guidelines developed by the 
 75.32  commissioner of human services to the extent provided in chapter 
 75.33  245A. 
 75.34     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 75.35  and applies to crimes committed on or after that date. 
 75.36     Sec. 2.  Minnesota Statutes 2004, section 244.05, 
 76.1   subdivision 7, is amended to read: 
 76.2      Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
 76.3   (a) Before the commissioner releases from prison any inmate 
 76.4   convicted under sections section 609.342 to, 609.343, 609.344, 
 76.5   609.345, or 609.3453, or sentenced as a patterned offender under 
 76.6   section 609.108, and determined by the commissioner to be in a 
 76.7   high risk category, the commissioner shall make a preliminary 
 76.8   determination whether, in the commissioner's opinion, a petition 
 76.9   under section 253B.185 may be appropriate.  
 76.10     (b) In making this decision, the commissioner shall have 
 76.11  access to the following data only for the purposes of the 
 76.12  assessment and referral decision: 
 76.13     (1) private medical data under section 13.384 or 144.335, 
 76.14  or welfare data under section 13.46 that relate to medical 
 76.15  treatment of the offender; 
 76.16     (2) private and confidential court services data under 
 76.17  section 13.84; 
 76.18     (3) private and confidential corrections data under section 
 76.19  13.85; and 
 76.20     (4) private criminal history data under section 13.87. 
 76.21     (c) If the commissioner determines that a petition may be 
 76.22  appropriate, the commissioner shall forward this determination, 
 76.23  along with a summary of the reasons for the determination, to 
 76.24  the county attorney in the county where the inmate was convicted 
 76.25  no later than 12 months before the inmate's release date.  If 
 76.26  the inmate is received for incarceration with fewer than 12 
 76.27  months remaining in the inmate's term of imprisonment, or if the 
 76.28  commissioner receives additional information less than 12 months 
 76.29  before release which makes the inmate's case appropriate for 
 76.30  referral, the commissioner shall forward the determination as 
 76.31  soon as is practicable.  Upon receiving the commissioner's 
 76.32  preliminary determination, the county attorney shall proceed in 
 76.33  the manner provided in section 253B.185.  The commissioner shall 
 76.34  release to the county attorney all requested documentation 
 76.35  maintained by the department.  
 76.36     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 77.1   and applies to crimes committed on or after that date. 
 77.2      Sec. 3.  Minnesota Statutes 2004, section 244.052, 
 77.3   subdivision 3, is amended to read: 
 77.4      Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 77.5   commissioner of corrections shall establish and administer 
 77.6   end-of-confinement review committees at each state correctional 
 77.7   facility and at each state treatment facility where predatory 
 77.8   offenders are confined.  The committees shall assess on a 
 77.9   case-by-case basis the public risk posed by predatory offenders 
 77.10  who are about to be released from confinement. 
 77.11     (b) Each committee shall be a standing committee and shall 
 77.12  consist of the following members appointed by the commissioner: 
 77.13     (1) the chief executive officer or head of the correctional 
 77.14  or treatment facility where the offender is currently confined, 
 77.15  or that person's designee; 
 77.16     (2) a law enforcement officer; 
 77.17     (3) a treatment professional who is trained in the 
 77.18  assessment of sex offenders; 
 77.19     (4) a caseworker experienced in supervising sex offenders; 
 77.20  and 
 77.21     (5) a victim's services professional. 
 77.22     Members of the committee, other than the facility's chief 
 77.23  executive officer or head, shall be appointed by the 
 77.24  commissioner to two-year terms.  The chief executive officer or 
 77.25  head of the facility or designee shall act as chair of the 
 77.26  committee and shall use the facility's staff, as needed, to 
 77.27  administer the committee, obtain necessary information from 
 77.28  outside sources, and prepare risk assessment reports on 
 77.29  offenders. 
 77.30     (c) The committee shall have access to the following data 
 77.31  on a predatory offender only for the purposes of its assessment 
 77.32  and to defend the committee's risk assessment determination upon 
 77.33  administrative review under this section: 
 77.34     (1) private medical data under section 13.384 or 144.335, 
 77.35  or welfare data under section 13.46 that relate to medical 
 77.36  treatment of the offender; 
 78.1      (2) private and confidential court services data under 
 78.2   section 13.84; 
 78.3      (3) private and confidential corrections data under section 
 78.4   13.85; and 
 78.5      (4) private criminal history data under section 13.87. 
 78.6      Data collected and maintained by the committee under this 
 78.7   paragraph may not be disclosed outside the committee, except as 
 78.8   provided under section 13.05, subdivision 3 or 4.  The predatory 
 78.9   offender has access to data on the offender collected and 
 78.10  maintained by the committee, unless the data are confidential 
 78.11  data received under this paragraph. 
 78.12     (d)(i) Except as otherwise provided in item items (ii), 
 78.13  (iii), and (iv), at least 90 days before a predatory offender is 
 78.14  to be released from confinement, the commissioner of corrections 
 78.15  shall convene the appropriate end-of-confinement review 
 78.16  committee for the purpose of assessing the risk presented by the 
 78.17  offender and determining the risk level to which the offender 
 78.18  shall be assigned under paragraph (e).  The offender and the law 
 78.19  enforcement agency that was responsible for the charge resulting 
 78.20  in confinement shall be notified of the time and place of the 
 78.21  committee's meeting.  The offender has a right to be present and 
 78.22  be heard at the meeting.  The law enforcement agency may provide 
 78.23  material in writing that is relevant to the offender's risk 
 78.24  level to the chair of the committee.  The committee shall use 
 78.25  the risk factors described in paragraph (g) and the risk 
 78.26  assessment scale developed under subdivision 2 to determine the 
 78.27  offender's risk assessment score and risk level.  Offenders 
 78.28  scheduled for release from confinement shall be assessed by the 
 78.29  committee established at the facility from which the offender is 
 78.30  to be released.  
 78.31     (ii) If an offender is received for confinement in a 
 78.32  facility with less than 90 days remaining in the offender's term 
 78.33  of confinement, the offender's risk shall be assessed at the 
 78.34  first regularly scheduled end of confinement review committee 
 78.35  that convenes after the appropriate documentation for the risk 
 78.36  assessment is assembled by the committee.  The commissioner 
 79.1   shall make reasonable efforts to ensure that offender's risk is 
 79.2   assessed and a risk level is assigned or reassigned at least 30 
 79.3   days before the offender's release date. 
 79.4      (iii) If the offender is subject to a mandatory life 
 79.5   sentence under section 609.342, subdivision 2, paragraph (b), or 
 79.6   609.3455, the commissioner of corrections shall convene the 
 79.7   appropriate end-of-confinement review committee at least nine 
 79.8   months before the offender's minimum term of imprisonment has 
 79.9   been served.  If the offender is received for confinement in a 
 79.10  facility with less than nine months remaining before the 
 79.11  offender's minimum term of imprisonment has been served, the 
 79.12  committee shall conform its procedures to those outlined in item 
 79.13  (ii) to the extent practicable.  
 79.14     (iv) If the offender is granted supervised release, the 
 79.15  commissioner of corrections shall notify the appropriate 
 79.16  end-of-confinement review committee that it needs to review the 
 79.17  offender's previously determined risk level at its next 
 79.18  regularly scheduled meeting.  The commissioner shall make 
 79.19  reasonable efforts to ensure that the offender's earlier risk 
 79.20  level determination is reviewed and the risk level is confirmed 
 79.21  or reassigned at least 60 days before the offender's release 
 79.22  date.  The committee shall give the report to the offender and 
 79.23  to the law enforcement agency at least 60 days before an 
 79.24  offender is released from confinement.  
 79.25     (e) The committee shall assign to risk level I a predatory 
 79.26  offender whose risk assessment score indicates a low risk of 
 79.27  reoffense.  The committee shall assign to risk level II an 
 79.28  offender whose risk assessment score indicates a moderate risk 
 79.29  of reoffense.  The committee shall assign to risk level III an 
 79.30  offender whose risk assessment score indicates a high risk of 
 79.31  reoffense. 
 79.32     (f) Before the predatory offender is released from 
 79.33  confinement, the committee shall prepare a risk assessment 
 79.34  report which specifies the risk level to which the offender has 
 79.35  been assigned and the reasons underlying the committee's risk 
 79.36  assessment decision.  Except for an offender subject to a 
 80.1   mandatory life sentence under section 609.342, subdivision 2, 
 80.2   paragraph (b), or 609.3455, who has not been granted supervised 
 80.3   release, the committee shall give the report to the offender and 
 80.4   to the law enforcement agency at least 60 days before an 
 80.5   offender is released from confinement.  If the offender is 
 80.6   subject to a mandatory life sentence and has not yet served the 
 80.7   entire minimum term of imprisonment, the committee shall give 
 80.8   the report to the offender and to the commissioner at least six 
 80.9   months before the offender is first eligible for release.  If 
 80.10  the risk assessment is performed under the circumstances 
 80.11  described in paragraph (d), item (ii), the report shall be given 
 80.12  to the offender and the law enforcement agency as soon as it is 
 80.13  available.  The committee also shall inform the offender of the 
 80.14  availability of review under subdivision 6. 
 80.15     (g) As used in this subdivision, "risk factors" includes, 
 80.16  but is not limited to, the following factors: 
 80.17     (1) the seriousness of the offense should the offender 
 80.18  reoffend.  This factor includes consideration of the following:  
 80.19     (i) the degree of likely force or harm; 
 80.20     (ii) the degree of likely physical contact; and 
 80.21     (iii) the age of the likely victim; 
 80.22     (2) the offender's prior offense history.  This factor 
 80.23  includes consideration of the following: 
 80.24     (i) the relationship of prior victims to the offender; 
 80.25     (ii) the number of prior offenses or victims; 
 80.26     (iii) the duration of the offender's prior offense history; 
 80.27     (iv) the length of time since the offender's last prior 
 80.28  offense while the offender was at risk to commit offenses; and 
 80.29     (v) the offender's prior history of other antisocial acts; 
 80.30     (3) the offender's characteristics.  This factor includes 
 80.31  consideration of the following:  
 80.32     (i) the offender's response to prior treatment efforts; and 
 80.33     (ii) the offender's history of substance abuse; 
 80.34     (4) the availability of community supports to the offender. 
 80.35  This factor includes consideration of the following: 
 80.36     (i) the availability and likelihood that the offender will 
 81.1   be involved in therapeutic treatment; 
 81.2      (ii) the availability of residential supports to the 
 81.3   offender, such as a stable and supervised living arrangement in 
 81.4   an appropriate location; 
 81.5      (iii) the offender's familial and social relationships, 
 81.6   including the nature and length of these relationships and the 
 81.7   level of support that the offender may receive from these 
 81.8   persons; and 
 81.9      (iv) the offender's lack of education or employment 
 81.10  stability; 
 81.11     (5) whether the offender has indicated or credible evidence 
 81.12  in the record indicates that the offender will reoffend if 
 81.13  released into the community; and 
 81.14     (6) whether the offender demonstrates a physical condition 
 81.15  that minimizes the risk of reoffense, including but not limited 
 81.16  to, advanced age or a debilitating illness or physical condition.
 81.17     (h) Upon the request of the law enforcement agency or the 
 81.18  offender's corrections agent, the commissioner may reconvene the 
 81.19  end-of-confinement review committee for the purpose of 
 81.20  reassessing the risk level to which an offender has been 
 81.21  assigned under paragraph (e).  In a request for a reassessment, 
 81.22  the law enforcement agency which was responsible for the charge 
 81.23  resulting in confinement or agent shall list the facts and 
 81.24  circumstances arising after the initial assignment or facts and 
 81.25  circumstances known to law enforcement or the agent but not 
 81.26  considered by the committee under paragraph (e) which support 
 81.27  the request for a reassessment.  The request for reassessment by 
 81.28  the law enforcement agency must occur within 30 days of receipt 
 81.29  of the report indicating the offender's risk level assignment.  
 81.30  The offender's corrections agent, in consultation with the chief 
 81.31  law enforcement officer in the area where the offender resides 
 81.32  or intends to reside, may request a review of a risk level at 
 81.33  any time if substantial evidence exists that the offender's risk 
 81.34  level should be reviewed by an end-of-confinement review 
 81.35  committee.  This evidence includes, but is not limited to, 
 81.36  evidence of treatment failures or completions, evidence of 
 82.1   exceptional crime-free community adjustment or lack of 
 82.2   appropriate adjustment, evidence of substantial community need 
 82.3   to know more about the offender or mitigating circumstances that 
 82.4   would narrow the proposed scope of notification, or other 
 82.5   practical situations articulated and based in evidence of the 
 82.6   offender's behavior while under supervision.  Upon review of the 
 82.7   request, the end-of-confinement review committee may reassign an 
 82.8   offender to a different risk level.  If the offender is 
 82.9   reassigned to a higher risk level, the offender has the right to 
 82.10  seek review of the committee's determination under subdivision 6.
 82.11     (i) An offender may request the end-of-confinement review 
 82.12  committee to reassess the offender's assigned risk level after 
 82.13  three years have elapsed since the committee's initial risk 
 82.14  assessment and may renew the request once every two years 
 82.15  following subsequent denials.  In a request for reassessment, 
 82.16  the offender shall list the facts and circumstances which 
 82.17  demonstrate that the offender no longer poses the same degree of 
 82.18  risk to the community.  In order for a request for a risk level 
 82.19  reduction to be granted, the offender must demonstrate full 
 82.20  compliance with supervised release conditions, completion of 
 82.21  required post-release treatment programming, and full compliance 
 82.22  with all registration requirements as detailed in section 
 82.23  243.166.  The offender must also not have been convicted of any 
 82.24  felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 82.25  the assignment of the original risk level.  The committee shall 
 82.26  follow the process outlined in paragraphs (a) to (c) in the 
 82.27  reassessment.  An offender who is incarcerated may not request a 
 82.28  reassessment under this paragraph. 
 82.29     (j) Offenders returned to prison as release violators shall 
 82.30  not have a right to a subsequent risk reassessment by the 
 82.31  end-of-confinement review committee unless substantial evidence 
 82.32  indicates that the offender's risk to the public has increased. 
 82.33     (k) The commissioner shall establish an end-of-confinement 
 82.34  review committee to assign a risk level to offenders who are 
 82.35  released from a federal correctional facility in Minnesota or 
 82.36  another state and who intend to reside in Minnesota, and to 
 83.1   offenders accepted from another state under a reciprocal 
 83.2   agreement for parole supervision under the interstate compact 
 83.3   authorized by section 243.16.  The committee shall make 
 83.4   reasonable efforts to conform to the same timelines as applied 
 83.5   to Minnesota cases.  Offenders accepted from another state under 
 83.6   a reciprocal agreement for probation supervision are not 
 83.7   assigned a risk level, but are considered downward dispositional 
 83.8   departures.  The probation or court services officer and law 
 83.9   enforcement officer shall manage such cases in accordance with 
 83.10  section 244.10, subdivision 2a.  The policies and procedures of 
 83.11  the committee for federal offenders and interstate compact cases 
 83.12  must be in accordance with all requirements as set forth in this 
 83.13  section, unless restrictions caused by the nature of federal or 
 83.14  interstate transfers prevents such conformance. 
 83.15     (l) If the committee assigns a predatory offender to risk 
 83.16  level III, the committee shall determine whether residency 
 83.17  restrictions shall be included in the conditions of the 
 83.18  offender's release based on the offender's pattern of offending 
 83.19  behavior. 
 83.20     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 83.21  and applies to crimes committed on or after that date. 
 83.22     Sec. 4.  Minnesota Statutes 2004, section 609.109, 
 83.23  subdivision 2, is amended to read: 
 83.24     Subd. 2.  [PRESUMPTIVE EXECUTED SENTENCE.] Except as 
 83.25  provided in subdivision 3 or 4, if a person is convicted under 
 83.26  sections 609.342 to 609.345 609.3453, within 15 years of a 
 83.27  previous sex offense conviction, the court shall commit the 
 83.28  defendant to the commissioner of corrections for not less than 
 83.29  three years, nor more than the maximum sentence provided by law 
 83.30  for the offense for which convicted, notwithstanding the 
 83.31  provisions of sections 242.19, 243.05, 609.11, 609.12, and 
 83.32  609.135.  The court may stay the execution of the sentence 
 83.33  imposed under this subdivision only if it finds that a 
 83.34  professional assessment indicates the offender is accepted by 
 83.35  and can respond to treatment at a long-term inpatient program 
 83.36  exclusively treating sex offenders and approved by the 
 84.1   commissioner of corrections.  If the court stays the execution 
 84.2   of a sentence, it shall include the following as conditions of 
 84.3   probation:  
 84.4      (1) incarceration in a local jail or workhouse; and 
 84.5      (2) a requirement that the offender successfully complete 
 84.6   the treatment program and aftercare as directed by the court. 
 84.7      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 84.8   and applies to crimes committed on or after that date.  
 84.9      Sec. 5.  Minnesota Statutes 2004, section 609.109, 
 84.10  subdivision 5, is amended to read: 
 84.11     Subd. 5.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
 84.12  purposes of this section, a conviction is considered a previous 
 84.13  sex offense conviction if the person was convicted of a sex 
 84.14  offense before the commission of the present offense of 
 84.15  conviction.  A person has two previous sex offense convictions 
 84.16  only if the person was convicted and sentenced for a sex offense 
 84.17  committed after the person was earlier convicted and sentenced 
 84.18  for a sex offense, both convictions preceded the commission of 
 84.19  the present offense of conviction, and 15 years have not elapsed 
 84.20  since the person was discharged from the sentence imposed for 
 84.21  the second conviction.  A "sex offense" is a violation of 
 84.22  sections 609.342 to 609.345 609.3453 or any similar statute of 
 84.23  the United States, this state, or any other state. 
 84.24     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 84.25  and applies to crimes committed on or after that date. 
 84.26     Sec. 6.  Minnesota Statutes 2004, section 609.115, is 
 84.27  amended by adding a subdivision to read: 
 84.28     Subd. 2a.  [INDETERMINATE AND MANDATORY LIFE SENTENCES; 
 84.29  SENTENCING WORKSHEET.] If the defendant has been convicted of a 
 84.30  felony crime for which any type of indeterminate sentence or 
 84.31  mandatory life sentence is provided by law, the court shall 
 84.32  cause a sentencing worksheet as provided in subdivision 1, 
 84.33  paragraph (e), to be completed and forwarded to the Minnesota 
 84.34  Sentencing Guidelines Commission. 
 84.35     Sec. 7.  Minnesota Statutes 2004, section 609.117, 
 84.36  subdivision 1, is amended to read: 
 85.1      Subdivision 1.  [UPON SENTENCING.] The court shall order an 
 85.2   offender to provide a biological specimen for the purpose of DNA 
 85.3   analysis as defined in section 299C.155 when: 
 85.4      (1) the court sentences a person charged with violating or 
 85.5   attempting to violate any of the following, and the person is 
 85.6   convicted of that offense or of any offense arising out of the 
 85.7   same set of circumstances: 
 85.8      (i) murder under section 609.185, 609.19, or 609.195; 
 85.9      (ii) manslaughter under section 609.20 or 609.205; 
 85.10     (iii) assault under section 609.221, 609.222, or 609.223; 
 85.11     (iv) robbery under section 609.24 or aggravated robbery 
 85.12  under section 609.245; 
 85.13     (v) kidnapping under section 609.25; 
 85.14     (vi) false imprisonment under section 609.255; 
 85.15     (vii) criminal sexual conduct under section 609.342, 
 85.16  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 85.17  609.3453; 
 85.18     (viii) incest under section 609.365; 
 85.19     (ix) burglary under section 609.582, subdivision 1; or 
 85.20     (x) indecent exposure under section 617.23, subdivision 3; 
 85.21     (2) the court sentences a person as a patterned sex 
 85.22  offender under section 609.108; or 
 85.23     (3) the juvenile court adjudicates a person a delinquent 
 85.24  child who is the subject of a delinquency petition for violating 
 85.25  or attempting to violate any of the following, and the 
 85.26  delinquency adjudication is based on a violation of one of those 
 85.27  sections or of any offense arising out of the same set of 
 85.28  circumstances: 
 85.29     (i) murder under section 609.185, 609.19, or 609.195; 
 85.30     (ii) manslaughter under section 609.20 or 609.205; 
 85.31     (iii) assault under section 609.221, 609.222, or 609.223; 
 85.32     (iv) robbery under section 609.24 or aggravated robbery 
 85.33  under section 609.245; 
 85.34     (v) kidnapping under section 609.25; 
 85.35     (vi) false imprisonment under section 609.255; 
 85.36     (vii) criminal sexual conduct under section 609.342, 
 86.1   609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 86.2   609.3453; 
 86.3      (viii) incest under section 609.365; 
 86.4      (ix) burglary under section 609.582, subdivision 1; or 
 86.5      (x) indecent exposure under section 617.23, subdivision 3. 
 86.6   The biological specimen or the results of the analysis shall be 
 86.7   maintained by the Bureau of Criminal Apprehension as provided in 
 86.8   section 299C.155. 
 86.9      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 86.10  and applies to crimes committed on or after that date. 
 86.11     Sec. 8.  Minnesota Statutes 2004, section 609.117, 
 86.12  subdivision 2, is amended to read: 
 86.13     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
 86.14  or local corrections authority shall order a person to provide a 
 86.15  biological specimen for the purpose of DNA analysis before 
 86.16  completion of the person's term of imprisonment when the person 
 86.17  has not provided a biological specimen for the purpose of DNA 
 86.18  analysis and the person: 
 86.19     (1) is currently serving a term of imprisonment for or has 
 86.20  a past conviction for violating or attempting to violate any of 
 86.21  the following or a similar law of another state or the United 
 86.22  States or initially charged with violating one of the following 
 86.23  sections or a similar law of another state or the United States 
 86.24  and convicted of another offense arising out of the same set of 
 86.25  circumstances: 
 86.26     (i) murder under section 609.185, 609.19, or 609.195; 
 86.27     (ii) manslaughter under section 609.20 or 609.205; 
 86.28     (iii) assault under section 609.221, 609.222, or 609.223; 
 86.29     (iv) robbery under section 609.24 or aggravated robbery 
 86.30  under section 609.245; 
 86.31     (v) kidnapping under section 609.25; 
 86.32     (vi) false imprisonment under section 609.255; 
 86.33     (vii) criminal sexual conduct under section 609.342, 
 86.34  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 86.35  609.3453; 
 86.36     (viii) incest under section 609.365; 
 87.1      (ix) burglary under section 609.582, subdivision 1; or 
 87.2      (x) indecent exposure under section 617.23, subdivision 3; 
 87.3   or 
 87.4      (2) was sentenced as a patterned sex offender under section 
 87.5   609.108, and committed to the custody of the commissioner of 
 87.6   corrections; or 
 87.7      (3) is serving a term of imprisonment in this state under a 
 87.8   reciprocal agreement although convicted in another state of an 
 87.9   offense described in this subdivision or a similar law of the 
 87.10  United States or any other state.  The commissioner of 
 87.11  corrections or local corrections authority shall forward the 
 87.12  sample to the Bureau of Criminal Apprehension. 
 87.13     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 87.14  and applies to crimes committed on or after that date. 
 87.15     Sec. 9.  Minnesota Statutes 2004, section 609.1351, is 
 87.16  amended to read: 
 87.17     609.1351 [PETITION FOR CIVIL COMMITMENT.] 
 87.18     When a court sentences a person under section 609.108, 
 87.19  609.342, 609.343, 609.344, or 609.345, or 609.3453, the court 
 87.20  shall make a preliminary determination whether in the court's 
 87.21  opinion a petition under section 253B.185 may be appropriate and 
 87.22  include the determination as part of the sentencing order.  If 
 87.23  the court determines that a petition may be appropriate, the 
 87.24  court shall forward its preliminary determination along with 
 87.25  supporting documentation to the county attorney.  
 87.26     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 87.27  and applies to crimes committed on or after that date. 
 87.28     Sec. 10.  Minnesota Statutes 2004, section 609.347, is 
 87.29  amended to read: 
 87.30     609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 
 87.31     Subdivision 1.  In a prosecution under sections 609.109 or, 
 87.32  609.342 to 609.3451, or 609.3453, the testimony of a victim need 
 87.33  not be corroborated. 
 87.34     Subd. 2.  In a prosecution under sections 609.109 or, 
 87.35  609.342 to 609.3451, or 609.3453, there is no need to show that 
 87.36  the victim resisted the accused.  
 88.1      Subd. 3.  In a prosecution under sections 609.109, 609.342 
 88.2   to 609.3451, 609.3453, or 609.365, evidence of the victim's 
 88.3   previous sexual conduct shall not be admitted nor shall any 
 88.4   reference to such conduct be made in the presence of the jury, 
 88.5   except by court order under the procedure provided in 
 88.6   subdivision 4.  The evidence can be admitted only if the 
 88.7   probative value of the evidence is not substantially outweighed 
 88.8   by its inflammatory or prejudicial nature and only in the 
 88.9   circumstances set out in paragraphs (a) and (b).  For the 
 88.10  evidence to be admissible under paragraph (a), subsection (i), 
 88.11  the judge must find by a preponderance of the evidence that the 
 88.12  facts set out in the accused's offer of proof are true.  For the 
 88.13  evidence to be admissible under paragraph (a), subsection (ii) 
 88.14  or paragraph (b), the judge must find that the evidence is 
 88.15  sufficient to support a finding that the facts set out in the 
 88.16  accused's offer of proof are true, as provided under Rule 901 of 
 88.17  the Rules of Evidence. 
 88.18     (a) When consent of the victim is a defense in the case, 
 88.19  the following evidence is admissible: 
 88.20     (i) evidence of the victim's previous sexual conduct 
 88.21  tending to establish a common scheme or plan of similar sexual 
 88.22  conduct under circumstances similar to the case at issue.  In 
 88.23  order to find a common scheme or plan, the judge must find that 
 88.24  the victim made prior allegations of sexual assault which were 
 88.25  fabricated; and 
 88.26     (ii) evidence of the victim's previous sexual conduct with 
 88.27  the accused.  
 88.28     (b) When the prosecution's case includes evidence of semen, 
 88.29  pregnancy, or disease at the time of the incident or, in the 
 88.30  case of pregnancy, between the time of the incident and trial, 
 88.31  evidence of specific instances of the victim's previous sexual 
 88.32  conduct is admissible solely to show the source of the semen, 
 88.33  pregnancy, or disease. 
 88.34     Subd. 4.  The accused may not offer evidence described in 
 88.35  subdivision 3 except pursuant to the following procedure: 
 88.36     (a) A motion shall be made by the accused at least three 
 89.1   business days prior to trial, unless later for good cause shown, 
 89.2   setting out with particularity the offer of proof of the 
 89.3   evidence that the accused intends to offer, relative to the 
 89.4   previous sexual conduct of the victim; 
 89.5      (b) If the court deems the offer of proof sufficient, the 
 89.6   court shall order a hearing out of the presence of the jury, if 
 89.7   any, and in such hearing shall allow the accused to make a full 
 89.8   presentation of the offer of proof; 
 89.9      (c) At the conclusion of the hearing, if the court finds 
 89.10  that the evidence proposed to be offered by the accused 
 89.11  regarding the previous sexual conduct of the victim is 
 89.12  admissible under subdivision 3 and that its probative value is 
 89.13  not substantially outweighed by its inflammatory or prejudicial 
 89.14  nature, the court shall make an order stating the extent to 
 89.15  which evidence is admissible.  The accused may then offer 
 89.16  evidence pursuant to the order of the court; 
 89.17     (d) If new information is discovered after the date of the 
 89.18  hearing or during the course of trial, which may make evidence 
 89.19  described in subdivision 3 admissible, the accused may make an 
 89.20  offer of proof pursuant to clause (a) and the court shall order 
 89.21  an in camera hearing to determine whether the proposed evidence 
 89.22  is admissible by the standards herein.  
 89.23     Subd. 5.  In a prosecution under sections 609.109 or, 
 89.24  609.342 to 609.3451, or 609.3453, the court shall not instruct 
 89.25  the jury to the effect that: 
 89.26     (a) It may be inferred that a victim who has previously 
 89.27  consented to sexual intercourse with persons other than the 
 89.28  accused would be therefore more likely to consent to sexual 
 89.29  intercourse again; or 
 89.30     (b) The victim's previous or subsequent sexual conduct in 
 89.31  and of itself may be considered in determining the credibility 
 89.32  of the victim; or 
 89.33     (c) Criminal sexual conduct is a crime easily charged by a 
 89.34  victim but very difficult to disprove by an accused because of 
 89.35  the heinous nature of the crime; or 
 89.36     (d) The jury should scrutinize the testimony of the victim 
 90.1   any more closely than it should scrutinize the testimony of any 
 90.2   witness in any felony prosecution.  
 90.3      Subd. 6.  (a) In a prosecution under sections 609.109 or, 
 90.4   609.342 to 609.3451, or 609.3453, involving a psychotherapist 
 90.5   and patient, evidence of the patient's personal or medical 
 90.6   history is not admissible except when:  
 90.7      (1) the accused requests a hearing at least three business 
 90.8   days prior to trial and makes an offer of proof of the relevancy 
 90.9   of the history; and 
 90.10     (2) the court finds that the history is relevant and that 
 90.11  the probative value of the history outweighs its prejudicial 
 90.12  value.  
 90.13     (b) The court shall allow the admission only of specific 
 90.14  information or examples of conduct of the victim that are 
 90.15  determined by the court to be relevant.  The court's order shall 
 90.16  detail the information or conduct that is admissible and no 
 90.17  other evidence of the history may be introduced. 
 90.18     (c) Violation of the terms of the order is grounds for 
 90.19  mistrial but does not prevent the retrial of the accused.  
 90.20     Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 412 of the 
 90.21  Rules of Evidence is superseded to the extent of its conflict 
 90.22  with this section. 
 90.23     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 90.24  and applies to crimes committed on or after that date. 
 90.25     Sec. 11.  Minnesota Statutes 2004, section 609.3471, is 
 90.26  amended to read: 
 90.27     609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
 90.28  CONFIDENTIAL.] 
 90.29     Notwithstanding any provision of law to the contrary, no 
 90.30  data contained in records or reports relating to petitions, 
 90.31  complaints, or indictments issued pursuant to section 609.342;, 
 90.32  609.343;, 609.344; or, 609.345, or 609.3453, which 
 90.33  specifically identifies a victim who is a minor shall be 
 90.34  accessible to the public, except by order of the court.  Nothing 
 90.35  in this section authorizes denial of access to any other data 
 90.36  contained in the records or reports, including the identity of 
 91.1   the defendant. 
 91.2      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 91.3   and applies to crimes committed on or after that date. 
 91.4      Sec. 12.  Minnesota Statutes 2004, section 609.348, is 
 91.5   amended to read: 
 91.6      609.348 [MEDICAL PURPOSES; EXCLUSION.] 
 91.7      Sections 609.109 and, 609.342 to 609.3451, and 609.3453 do 
 91.8   not apply to sexual penetration or sexual contact when done for 
 91.9   a bona fide medical purpose. 
 91.10     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 91.11  and applies to crimes committed on or after that date. 
 91.12     Sec. 13.  Minnesota Statutes 2004, section 609.353, is 
 91.13  amended to read: 
 91.14     609.353 [JURISDICTION.] 
 91.15     A violation or attempted violation of section 609.342, 
 91.16  609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 
 91.17  prosecuted in any jurisdiction in which the violation originates 
 91.18  or terminates. 
 91.19     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 91.20  and applies to crimes committed on or after that date. 
 91.21     Sec. 14.  Minnesota Statutes 2004, section 631.045, is 
 91.22  amended to read: 
 91.23     631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
 91.24     At the trial of a complaint or indictment for a violation 
 91.25  of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, 
 91.26  subdivision 2, when a minor under 18 years of age is the person 
 91.27  upon, with, or against whom the crime is alleged to have been 
 91.28  committed, the judge may exclude the public from the courtroom 
 91.29  during the victim's testimony or during all or part of the 
 91.30  remainder of the trial upon a showing that closure is necessary 
 91.31  to protect a witness or ensure fairness in the trial.  The judge 
 91.32  shall give the prosecutor, defendant and members of the public 
 91.33  the opportunity to object to the closure before a closure order. 
 91.34  The judge shall specify the reasons for closure in an order 
 91.35  closing all or part of the trial.  Upon closure the judge shall 
 91.36  only admit persons who have a direct interest in the case.  
 92.1      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 92.2   and applies to crimes committed on or after that date. 
 92.3      Sec. 15.  [REVISOR INSTRUCTION.] 
 92.4      (a) The revisor of statutes shall renumber Minnesota 
 92.5   Statutes, section 609.3452, as Minnesota Statutes, section 
 92.6   609.3457, and correct cross-references.  In addition, the 
 92.7   revisor shall delete the reference in Minnesota Statutes, 
 92.8   section 13.871, subdivision 3, paragraph (d), to Minnesota 
 92.9   Statutes, section 609.3452, and insert a reference to Minnesota 
 92.10  Statutes, section 609.3457.  The revisor shall include a 
 92.11  notation in Minnesota Statutes to inform readers of the statutes 
 92.12  of the renumbering of Minnesota Statutes, section 609.3457. 
 92.13     (b) In addition to the specific changes described in 
 92.14  paragraph (a), the revisor of statutes shall make other 
 92.15  technical changes necessitated by this act. 
 92.16                             ARTICLE 6 
 92.17                  CONTROLLED SUBSTANCES PROVISIONS 
 92.18     Section 1.  Minnesota Statutes 2004, section 152.01, 
 92.19  subdivision 10, is amended to read: 
 92.20     Subd. 10.  [NARCOTIC DRUG.] "Narcotic drug" means any of 
 92.21  the following, whether produced directly or indirectly by 
 92.22  extraction from substances of vegetable origin, or independently 
 92.23  by means of chemical synthesis, or by a combination of 
 92.24  extraction and chemical synthesis: 
 92.25     (1) opium, coca leaves, and opiates, and methamphetamine; 
 92.26     (2) a compound, manufacture, salt, derivative, or 
 92.27  preparation of opium, coca leaves, or opiates, or 
 92.28  methamphetamine; 
 92.29     (3) a substance, and any compound, manufacture, salt, 
 92.30  derivative, or preparation thereof, which is chemically 
 92.31  identical with any of the substances referred to in clauses (1) 
 92.32  and (2), except that the words "narcotic drug" as used in this 
 92.33  chapter shall not include decocainized coca leaves or extracts 
 92.34  of coca leaves, which extracts do not contain cocaine or 
 92.35  ecgonine. 
 92.36     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 93.1   and applies to crimes committed on or after that date.  
 93.2      Sec. 2.  Minnesota Statutes 2004, section 152.021, 
 93.3   subdivision 2a, is amended to read: 
 93.4      Subd. 2a.  [METHAMPHETAMINE MANUFACTURE CRIMES CRIME; 
 93.5   POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE 
 93.6   METHAMPHETAMINE CRIME.] (a) Notwithstanding subdivision 1, 
 93.7   sections 152.022, subdivision 1, 152.023, subdivision 1, and 
 93.8   152.024, subdivision 1, a person is guilty of controlled 
 93.9   substance crime in the first degree if the person manufactures 
 93.10  any amount of methamphetamine. 
 93.11     (b) Notwithstanding paragraph (a) and section 609.17, A 
 93.12  person is guilty of attempted manufacture of methamphetamine a 
 93.13  crime if the person possesses any chemical reagents or 
 93.14  precursors with the intent to manufacture methamphetamine.  As 
 93.15  used in this section, "chemical reagents or precursors" refers 
 93.16  to one or more includes any of the following substances, or any 
 93.17  similar substances that can be used to manufacture 
 93.18  methamphetamine, or their the salts, isomers, and salts of 
 93.19  isomers of a listed or similar substance: 
 93.20     (1) ephedrine; 
 93.21     (2) pseudoephedrine; 
 93.22     (3) phenyl-2-propanone; 
 93.23     (4) phenylacetone; 
 93.24     (5) anhydrous ammonia, as defined in section 18C.005, 
 93.25  subdivision 1a; 
 93.26     (6) organic solvents; 
 93.27     (7) hydrochloric acid; 
 93.28     (8) lithium metal; 
 93.29     (9) sodium metal; 
 93.30     (10) ether; 
 93.31     (11) sulfuric acid; 
 93.32     (12) red phosphorus; 
 93.33     (13) iodine; 
 93.34     (14) sodium hydroxide; 
 93.35     (15) benzaldehyde; 
 93.36     (16) benzyl methyl ketone; 
 94.1      (17) benzyl cyanide; 
 94.2      (18) nitroethane; 
 94.3      (19) methylamine; 
 94.4      (20) phenylacetic acid; 
 94.5      (21) hydriodic acid; or 
 94.6      (22) hydriotic acid. 
 94.7      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 94.8   and applies to crimes committed on or after that date. 
 94.9      Sec. 3.  Minnesota Statutes 2004, section 152.021, 
 94.10  subdivision 3, is amended to read: 
 94.11     Subd. 3.  [PENALTY.] (a) A person convicted under 
 94.12  subdivisions 1 to 2a, paragraph (a), may be sentenced to 
 94.13  imprisonment for not more than 30 years or to payment of a fine 
 94.14  of not more than $1,000,000, or both; a person convicted under 
 94.15  subdivision 2a, paragraph (b), may be sentenced to imprisonment 
 94.16  for not more than three ten years or to payment of a fine of not 
 94.17  more than $5,000 $20,000, or both. 
 94.18     (b) If the conviction is a subsequent controlled substance 
 94.19  conviction, a person convicted under subdivisions 1 to 2a, 
 94.20  paragraph (a), shall be committed to the commissioner of 
 94.21  corrections for not less than four years nor more than 40 years 
 94.22  and, in addition, may be sentenced to payment of a fine of not 
 94.23  more than $1,000,000; a person convicted under subdivision 2a, 
 94.24  paragraph (b), may be sentenced to imprisonment for not more 
 94.25  than four 15 years or to payment of a fine of not more than 
 94.26  $5,000 $30,000, or both.  
 94.27     (c) In a prosecution under subdivision 1 involving sales by 
 94.28  the same person in two or more counties within a 90-day period, 
 94.29  the person may be prosecuted for all of the sales in any county 
 94.30  in which one of the sales occurred.  
 94.31     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 94.32  and applies to crimes committed on or after that date. 
 94.33     Sec. 4.  [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES; 
 94.34  RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.] 
 94.35     Subdivision 1.  [RESTITUTION.] (a) As used in this 
 94.36  subdivision: 
 95.1      (1) "clandestine lab site" means any structure or 
 95.2   conveyance or outdoor location occupied or affected by 
 95.3   conditions or chemicals typically associated with the 
 95.4   manufacturing of methamphetamine; 
 95.5      (2) "emergency response" includes, but is not limited to, 
 95.6   removing and collecting evidence, securing the site, removal, 
 95.7   remediation, and hazardous chemical assessment or inspection of 
 95.8   the site where the relevant offense or offenses took place, 
 95.9   regardless of whether these actions are performed by the public 
 95.10  entities themselves or by private contractors paid by the public 
 95.11  entities, or the property owner; 
 95.12     (3) "remediation" means proper cleanup, treatment, or 
 95.13  containment of hazardous substances or methamphetamine at or in 
 95.14  a clandestine lab site, and may include demolition or disposal 
 95.15  of structures or other property when an assessment so indicates; 
 95.16  and 
 95.17     (4) "removal" means the removal from the clandestine lab 
 95.18  site of precursor or waste chemicals, chemical containers, or 
 95.19  equipment associated with the manufacture, packaging, or storage 
 95.20  of illegal drugs. 
 95.21     (b) A court may require a person convicted of manufacturing 
 95.22  or attempting to manufacture a controlled substance or of an 
 95.23  illegal activity involving a precursor substance, where the 
 95.24  response to the crime involved an emergency response, to pay 
 95.25  restitution to all public entities that participated in the 
 95.26  response.  The restitution ordered may cover the reasonable 
 95.27  costs of their participation in the response.  
 95.28     (c) In addition to the restitution authorized in paragraph 
 95.29  (b), a court may require a person convicted of manufacturing or 
 95.30  attempting to manufacture a controlled substance or of illegal 
 95.31  activity involving a precursor substance to pay restitution to a 
 95.32  property owner who incurred removal or remediation costs because 
 95.33  of the crime. 
 95.34     Subd. 2.  [PROPERTY-RELATED PROHIBITIONS; NOTICE; WEB 
 95.35  SITE.] (a) As used in this subdivision: 
 95.36     (1) "clandestine lab site" has the meaning given in 
 96.1   subdivision 1, paragraph (a); 
 96.2      (2) "property" means publicly or privately owned real 
 96.3   property including buildings and other structures, motor 
 96.4   vehicles as defined in section 609.487, subdivision 2a, public 
 96.5   waters, and public rights-of-way; 
 96.6      (3) "remediation" has the meaning given in subdivision 1, 
 96.7   paragraph (a); and 
 96.8      (4) "removal" has the meaning given in subdivision 1, 
 96.9   paragraph (a).  
 96.10     (b) A peace officer who arrests a person at a clandestine 
 96.11  lab site shall notify the appropriate county or local health 
 96.12  department, state duty officer, and child protection services of 
 96.13  the arrest and the location of the site.  
 96.14     (c) A county or local health department or sheriff shall 
 96.15  order that any property or portion of a property that has been 
 96.16  found to be a clandestine lab site and contaminated by 
 96.17  substances, chemicals, or items of any kind used in the 
 96.18  manufacture of methamphetamine or any part of the manufacturing 
 96.19  process, or the by-products or degradates of manufacturing 
 96.20  methamphetamine be prohibited from being occupied or used until 
 96.21  it has been assessed and remediated as provided in the 
 96.22  Department of Health's clandestine drug labs general cleanup 
 96.23  guidelines.  The remediation shall be accomplished by a 
 96.24  contractor who will make the verification required under 
 96.25  paragraph (e). 
 96.26     (d) Unless clearly inapplicable, the procedures specified 
 96.27  in chapter 145A and any related rules adopted under that chapter 
 96.28  addressing the enforcement of public health laws, the removal 
 96.29  and abatement of public health nuisances, and the remedies 
 96.30  available to property owners or occupants apply to this 
 96.31  subdivision.  
 96.32     (e) Upon the proper removal and remediation of any property 
 96.33  used as a clandestine lab site, the contractor shall verify to 
 96.34  the applicable authority that issued the order under paragraph 
 96.35  (c) that the work was completed according to the Department of 
 96.36  Health's clandestine drug labs general cleanup guidelines and 
 97.1   best practices and that levels of contamination have been 
 97.2   reduced to levels set forth in the guidelines.  The contractor 
 97.3   shall provide the verification to the property owner and the 
 97.4   applicable authority within five days from the completion of the 
 97.5   remediation.  Following this, the applicable authority shall 
 97.6   vacate its order.  
 97.7      (f) If a contractor issues a verification and the property 
 97.8   was not remediated according to the Department of Health's 
 97.9   clandestine drug labs general cleanup guidelines or the levels 
 97.10  of contamination were not reduced to levels set forth in the 
 97.11  guidelines, the contractor is liable to the property owner for 
 97.12  the additional costs relating to the proper remediation of the 
 97.13  property according to the guidelines and reducing the levels of 
 97.14  contamination to levels set in the guidelines and for reasonable 
 97.15  attorney fees for collection of costs by the property owner.  An 
 97.16  action under this paragraph must be commenced within six years 
 97.17  from the date on which the verification was issued by the 
 97.18  contractor. 
 97.19     (g) If the applicable authority determines under paragraph 
 97.20  (c) that a motor vehicle has been contaminated by substances, 
 97.21  chemicals, or items of any kind used in the manufacture of 
 97.22  methamphetamine or any part of the manufacturing process, or the 
 97.23  by-products or degradates of manufacturing methamphetamine and 
 97.24  if the authority is able to obtain the certificate of title for 
 97.25  the motor vehicle, the authority shall notify the registrar of 
 97.26  motor vehicles of this fact and in addition, forward the 
 97.27  certificate of title to the registrar.  The authority shall also 
 97.28  notify the registrar when it vacates its order under paragraph 
 97.29  (e). 
 97.30     (h) The applicable authority issuing an order under 
 97.31  paragraph (c) shall record with the county recorder or registrar 
 97.32  of titles of the county where the clandestine lab is located an 
 97.33  affidavit containing the name of the owner, a legal description 
 97.34  of the property where the clandestine lab was located, and a map 
 97.35  drawn from available information showing the boundary of the 
 97.36  property and the location of the contaminated area on the 
 98.1   property that is prohibited from being occupied or used that 
 98.2   discloses to any potential transferee: 
 98.3      (1) that the property, or a portion of the property, was 
 98.4   the site of a clandestine lab; 
 98.5      (2) the location, condition, and circumstances of the 
 98.6   clandestine lab, to the full extent known or reasonably 
 98.7   ascertainable; and 
 98.8      (3) that the use of the property or some portion of it may 
 98.9   be restricted as provided by paragraph (c). 
 98.10  If an inaccurate drawing or description is filed, the authority, 
 98.11  on request of the owner or another interested person, shall file 
 98.12  a supplemental affidavit with a corrected drawing or description.
 98.13  If the authority vacates its order under paragraph (e), the 
 98.14  authority shall record an affidavit that contains the recording 
 98.15  information of the affidavit and states that the order is 
 98.16  vacated.  Upon filing the affidavit vacating the order, the 
 98.17  affidavit and the affidavit filed under this paragraph, together 
 98.18  with the information set forth in the affidavits, cease to 
 98.19  constitute either actual or constructive notice. 
 98.20     (i) If proper removal and remediation has occurred on the 
 98.21  property, an interested party may record an affidavit indicating 
 98.22  that this has occurred.  Upon filing the affidavit described in 
 98.23  this paragraph, the affidavit and the affidavit filed under 
 98.24  paragraph (h), together with the information set forth in the 
 98.25  affidavits, cease to constitute either actual or constructive 
 98.26  notice.  Failure to record an affidavit under this section does 
 98.27  not affect or prevent any transfer of ownership of the property. 
 98.28     (j) The county recorder or registrar of titles must record 
 98.29  all affidavits presented under paragraph (h) or (i) in a manner 
 98.30  that assures their disclosure in the ordinary course of a title 
 98.31  search of the subject property.  
 98.32     (k) The commissioner of health shall post on the Internet 
 98.33  contact information for each local community health services 
 98.34  administrator.  
 98.35     (l) Each local community health services administrator 
 98.36  shall maintain information related to property within the 
 99.1   administrator's jurisdiction that is currently or was previously 
 99.2   subject to an order issued under paragraph (c).  The information 
 99.3   maintained must include the name of the owner, the location of 
 99.4   the property, the extent of the contamination, the status of the 
 99.5   removal and remediation work on the property, and whether the 
 99.6   order has been vacated.  The administrator shall make this 
 99.7   information available to the public either upon request or by 
 99.8   other means. 
 99.9      (m) Before signing an agreement to sell or transfer real 
 99.10  property, the seller or transferor must disclose in writing to 
 99.11  the buyer or transferee if, to the seller's or transferor's 
 99.12  knowledge, methamphetamine production has occurred on the 
 99.13  property.  If methamphetamine production has occurred on the 
 99.14  property, the disclosure shall include a statement to the buyer 
 99.15  or transferee informing the buyer or transferee: 
 99.16     (1) whether an order has been issued on the property as 
 99.17  described in paragraph (c); 
 99.18     (2) whether any orders issued against the property under 
 99.19  paragraph (c) have been vacated under paragraph (i); or 
 99.20     (3) if there was no order issued against the property and 
 99.21  the seller or transferor is aware that methamphetamine 
 99.22  production has occurred on the property, the status of removal 
 99.23  and remediation on the property.  
 99.24     (n) Unless the buyer or transferee and seller or transferor 
 99.25  agree to the contrary in writing before the closing of the sale, 
 99.26  a seller or transferor who fails to disclose, to the best of 
 99.27  their knowledge, at the time of sale any of the facts required, 
 99.28  and who knew or had reason to know of methamphetamine production 
 99.29  on the property, is liable to the buyer or transferee for: 
 99.30     (1) costs relating to remediation of the property according 
 99.31  to the Department of Health's clandestine drug labs general 
 99.32  cleanup guidelines and best practices so that contamination is 
 99.33  reduced to levels set forth in the guidelines; and 
 99.34     (2) reasonable attorney fees for collection of costs from 
 99.35  the seller or transferor.  
 99.36  An action under this paragraph must be commenced within six 
100.1   years after the date on which the buyer or transferee closed the 
100.2   purchase or transfer of the real property where the 
100.3   methamphetamine production occurred. 
100.4      [EFFECTIVE DATE.] This section is effective January 1, 
100.5   2006, and applies to crimes committed on or after that date. 
100.6      Sec. 5.  [152.136] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT; 
100.7   CRIMINAL PENALTIES; CIVIL LIABILITY.] 
100.8      Subdivision 1.  [DEFINITIONS.] As used in this section, 
100.9   "tamper" means action taken by a person not authorized to take 
100.10  that action by law or by the owner or authorized custodian of an 
100.11  anhydrous ammonia container or of equipment where anhydrous 
100.12  ammonia is used, stored, distributed, or transported. 
100.13     Subd. 2.  [PROHIBITED CONDUCT.] (a) A person may not: 
100.14     (1) steal or unlawfully take or carry away any amount of 
100.15  anhydrous ammonia; 
100.16     (2) purchase, possess, transfer, or distribute any amount 
100.17  of anhydrous ammonia, knowing, or having reason to know, that it 
100.18  will be used to unlawfully manufacture a controlled substance; 
100.19     (3) place, have placed, or possess anhydrous ammonia in a 
100.20  container that is not designed, constructed, maintained, and 
100.21  authorized to contain or transport anhydrous ammonia; 
100.22     (4) transport anhydrous ammonia in a container that is not 
100.23  designed, constructed, maintained, and authorized to transport 
100.24  anhydrous ammonia; 
100.25     (5) use, deliver, receive, sell, or transport a container 
100.26  designed and constructed to contain anhydrous ammonia without 
100.27  the express consent of the owner or authorized custodian of the 
100.28  container; or 
100.29     (6) tamper with any equipment or facility used to contain, 
100.30  store, or transport anhydrous ammonia.  
100.31     (b) For the purposes of this subdivision, containers 
100.32  designed and constructed for the storage and transport of 
100.33  anhydrous ammonia are described in rules adopted under section 
100.34  18C.121, subdivision 1, or in Code of Federal Regulations, title 
100.35  49.  
100.36     Subd. 3.  [NO CAUSE OF ACTION.] (a) Except as provided in 
101.1   paragraph (b), a person tampering with anhydrous ammonia 
101.2   containers or equipment under subdivision 2 shall have no cause 
101.3   of action for damages arising out of the tampering against: 
101.4      (1) the owner or lawful custodian of the container or 
101.5   equipment; 
101.6      (2) a person responsible for the installation or 
101.7   maintenance of the container or equipment; or 
101.8      (3) a person lawfully selling or offering for sale the 
101.9   anhydrous ammonia.  
101.10     (b) Paragraph (a) does not apply to a cause of action 
101.11  against a person who unlawfully obtained the anhydrous ammonia 
101.12  or anhydrous ammonia container or who possesses the anhydrous 
101.13  ammonia or anhydrous ammonia container for any unlawful purpose. 
101.14     Subd. 4.  [CRIMINAL PENALTY.] A person who knowingly 
101.15  violates subdivision 2 is guilty of a felony and may be 
101.16  sentenced to imprisonment for not more than five years or to 
101.17  payment of a fine of not more than $50,000, or both.  
101.18     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
101.19  and applies to crimes committed on or after that date. 
101.20     Sec. 6.  [152.137] [METHAMPHETAMINE-RELATED CRIMES 
101.21  INVOLVING CHILDREN AND VULNERABLE ADULTS.] 
101.22     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
101.23  the following terms have the meanings given. 
101.24     (b) "Chemical substance" means a substance intended to be 
101.25  used as a precursor in the manufacture of methamphetamine or any 
101.26  other chemical intended to be used in the manufacture of 
101.27  methamphetamine. 
101.28     (c) "Child" means any person under the age of 18 years. 
101.29     (d) "Methamphetamine paraphernalia" means all equipment, 
101.30  products, and materials of any kind that are used, intended for 
101.31  use, or designed for use in manufacturing, injecting, ingesting, 
101.32  inhaling, or otherwise introducing methamphetamine into the 
101.33  human body. 
101.34     (e) "Methamphetamine waste products" means substances, 
101.35  chemicals, or items of any kind used in the manufacture of 
101.36  methamphetamine or any part of the manufacturing process, or the 
102.1   by-products or degradates of manufacturing methamphetamine.  
102.2      (f) "Vulnerable adult" has the meaning given in section 
102.3   609.232, subdivision 11. 
102.4      Subd. 2.  [PROHIBITED CONDUCT.] (a) No person may knowingly 
102.5   engage in any of the following activities in the presence of a 
102.6   child or vulnerable adult; in the residence of a child or a 
102.7   vulnerable adult; in a building, structure, conveyance, or 
102.8   outdoor location where a child or vulnerable adult might 
102.9   reasonably be expected to be present; in a room offered to the 
102.10  public for overnight accommodation; or in any multiple unit 
102.11  residential building: 
102.12     (1) manufacturing or attempting to manufacture 
102.13  methamphetamine; 
102.14     (2) storing any chemical substance; 
102.15     (3) storing any methamphetamine waste products; or 
102.16     (4) storing any methamphetamine paraphernalia. 
102.17     (b) No person may knowingly cause or permit a child or 
102.18  vulnerable adult to inhale, be exposed to, have contact with, or 
102.19  ingest methamphetamine, a chemical substance, or methamphetamine 
102.20  paraphernalia. 
102.21     Subd. 3.  [CRIMINAL PENALTY.] A person who violates 
102.22  subdivision 2 is guilty of a felony and may be sentenced to 
102.23  imprisonment for not more than five years or to payment of a 
102.24  fine of not more than $10,000, or both. 
102.25     Subd. 4.  [MULTIPLE SENTENCES.] Notwithstanding sections 
102.26  609.035 and 609.04, a prosecution for or conviction under this 
102.27  section is not a bar to conviction of or punishment for any 
102.28  other crime committed by the defendant as part of the same 
102.29  conduct. 
102.30     Subd. 5.  [PROTECTIVE CUSTODY.] A peace officer may take 
102.31  any child present in an area where any of the activities 
102.32  described in subdivision 2, paragraph (a), clauses (1) to (4), 
102.33  are taking place into protective custody in accordance with 
102.34  section 260C.175, subdivision 1, paragraph (b), clause (2).  A 
102.35  child taken into protective custody under this subdivision shall 
102.36  be provided health screening to assess potential health concerns 
103.1   related to methamphetamine as provided in section 260C.188.  A 
103.2   child not taken into protective custody under this subdivision 
103.3   but who is known to have been exposed to methamphetamine shall 
103.4   be offered health screening for potential health concerns 
103.5   related to methamphetamine as provided in section 260C.188. 
103.6      Subd. 6.  [REPORTING MALTREATMENT OF VULNERABLE ADULT.] (a) 
103.7   A peace officer shall make a report of suspected maltreatment of 
103.8   a vulnerable adult if the vulnerable adult is present in an area 
103.9   where any of the activities described in subdivision 2, 
103.10  paragraph (a), clauses (1) to (4), are taking place, and the 
103.11  peace officer has reason to believe the vulnerable adult 
103.12  inhaled, was exposed to, had contact with, or ingested 
103.13  methamphetamine, a chemical substance, or methamphetamine 
103.14  paraphernalia.  The peace officer shall immediately report to 
103.15  the county common entry point as described in section 626.557, 
103.16  subdivision 9b.  
103.17     (b) As required in section 626.557, subdivision 9b, law 
103.18  enforcement is the primary agency to conduct investigations of 
103.19  any incident when there is reason to believe a crime has been 
103.20  committed.  Law enforcement shall initiate a response 
103.21  immediately.  If the common entry point notified a county agency 
103.22  for adult protective services, law enforcement shall cooperate 
103.23  with that county agency when both agencies are involved and 
103.24  shall exchange data to the extent authorized in section 626.557, 
103.25  subdivision 12b, paragraph (g).  County adult protection shall 
103.26  initiate a response immediately.  
103.27     (c) The county social services agency shall immediately 
103.28  respond as required in section 626.557, subdivision 10, upon 
103.29  receipt of a report from the common entry point staff. 
103.30     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
103.31  and applies to crimes committed on or after that date. 
103.32     Sec. 7.  Minnesota Statutes 2004, section 168A.05, 
103.33  subdivision 3, is amended to read: 
103.34     Subd. 3.  [CONTENT OF CERTIFICATE.] Each certificate of 
103.35  title issued by the department shall contain: 
103.36     (1) the date issued; 
104.1      (2) the first, middle, and last names, the dates of birth, 
104.2   and addresses of all owners who are natural persons, the full 
104.3   names and addresses of all other owners; 
104.4      (3) the names and addresses of any secured parties in the 
104.5   order of priority as shown on the application, or if the 
104.6   application is based on a certificate of title, as shown on the 
104.7   certificate, or as otherwise determined by the department; 
104.8      (4) any liens filed pursuant to a court order or by a 
104.9   public agency responsible for child support enforcement against 
104.10  the owner; 
104.11     (5) the title number assigned to the vehicle; 
104.12     (6) a description of the vehicle including, so far as the 
104.13  following data exists, its make, model, year, identifying 
104.14  number, type of body, whether new or used, and if a new vehicle, 
104.15  the date of the first sale of the vehicle for use; 
104.16     (7) with respect to motor vehicles subject to the 
104.17  provisions of section 325E.15, the true cumulative mileage 
104.18  registered on the odometer or that the actual mileage is unknown 
104.19  if the odometer reading is known by the owner to be different 
104.20  from the true mileage; 
104.21     (8) with respect to vehicles subject to sections 325F.6641 
104.22  and 325F.6642, the appropriate term "flood damaged," "rebuilt," 
104.23  "prior salvage," or "reconstructed"; and 
104.24     (9) with respect to a vehicle contaminated by 
104.25  methamphetamine production, if the registrar has received the 
104.26  certificate of title and notice described in section 152.0275, 
104.27  subdivision 2, paragraph (g), the term "hazardous waste 
104.28  contaminated vehicle"; and 
104.29     (10) any other data the department prescribes. 
104.30     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
104.31     Sec. 8.  [244.055] [CONDITIONAL RELEASE OF NONVIOLENT 
104.32  CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.] 
104.33     Subdivision 1.  [CONDITIONAL RELEASE AUTHORITY.] The 
104.34  commissioner of corrections has the authority to release 
104.35  offenders committed to the commissioner's custody who meet the 
104.36  requirements of this section and of any rules adopted by the 
105.1   commissioner.  
105.2      Subd. 2.  [CONDITIONAL RELEASE OF CERTAIN NONVIOLENT 
105.3   CONTROLLED SUBSTANCE OFFENDERS.] An offender who has been 
105.4   committed to the commissioner's custody may petition the 
105.5   commissioner for conditional release from prison before the 
105.6   offender's scheduled supervised release date or target release 
105.7   date if: 
105.8      (1) the offender is serving a sentence for violating 
105.9   section 152.021, 152.022, 152.023, 152.024, or 152.025; 
105.10     (2) the offender committed the crime as a result of a 
105.11  controlled substance addiction, and not primarily for profit; 
105.12     (3) the offender has served at least 36 months or one-half 
105.13  of the offender's term of imprisonment, whichever is less; 
105.14     (4) the offender successfully completed a chemical 
105.15  dependency treatment program while in prison; and 
105.16     (5) the offender has not previously been conditionally 
105.17  released under this section.  
105.18     Subd. 3.  [OFFER OF CHEMICAL DEPENDENCY TREATMENT.] The 
105.19  commissioner shall offer all offenders meeting the criteria 
105.20  described in subdivision 2, clauses (1) and (2), the opportunity 
105.21  to begin a suitable chemical dependency treatment program within 
105.22  120 days after the offender's term of imprisonment begins.  
105.23     Subd. 4.  [RELEASE PROCEDURES.] The commissioner may not 
105.24  grant conditional release to an offender under this section 
105.25  unless the commissioner determines that the offender's release 
105.26  will not pose a danger to the public or an individual.  In 
105.27  making this determination, the commissioner shall follow the 
105.28  procedures contained in section 244.05, subdivision 5, and the 
105.29  rules adopted by the commissioner under that subdivision.  The 
105.30  commissioner shall also consider the offender's custody 
105.31  classification and level of risk of violence and the 
105.32  availability of appropriate community supervision for the 
105.33  offender.  Conditional release granted under this section 
105.34  continues until the offender's sentence expires, unless release 
105.35  is rescinded under subdivision 5. 
105.36     Subd. 5.  [CONDITIONAL RELEASE.] The conditions of release 
106.1   granted under this section are governed by the statutes and 
106.2   rules governing supervised release under this chapter, except 
106.3   that release may be rescinded without hearing by the 
106.4   commissioner if the commissioner determines that continuation of 
106.5   the conditional release poses a danger to the public or to an 
106.6   individual.  If the commissioner rescinds an offender's 
106.7   conditional release, the offender shall be returned to prison 
106.8   and shall serve the remaining portion of the offender's sentence.
106.9      Subd. 6.  [OFFENDERS SERVING OTHER SENTENCES.] An offender 
106.10  who is serving both a sentence for an offense described in 
106.11  subdivision 2 and an offense not described in subdivision 2, is 
106.12  not eligible for release under this section unless the offender 
106.13  has completed the offender's full term of imprisonment for the 
106.14  other offense.  
106.15     Subd. 7.  [NOTICE.] Upon receiving an offender's petition 
106.16  for release under subdivision 2, the commissioner shall notify 
106.17  the prosecuting authority responsible for the offender's 
106.18  conviction and the sentencing court.  The commissioner shall 
106.19  give the authority and court a reasonable opportunity to comment 
106.20  on the offender's potential release. 
106.21     [EFFECTIVE DATE.] This section is effective July 1, 2005, 
106.22  and applies to persons in prison on or after that date. 
106.23     Sec. 9.  Minnesota Statutes 2004, section 260C.171, is 
106.24  amended by adding a subdivision to read: 
106.25     Subd. 6.  [NOTICE TO SCHOOL.] (a) As used in this 
106.26  subdivision, the following terms have the meanings given.  
106.27  "Chemical substance," "methamphetamine paraphernalia," and 
106.28  "methamphetamine waste products" have the meanings given in 
106.29  section 152.137, subdivision 1.  "School" means a charter school 
106.30  or a school as defined in section 120A.22, subdivision 4, except 
106.31  a home school.  
106.32     (b) If a child has been taken into protective custody after 
106.33  being found in an area where methamphetamine was being 
106.34  manufactured or attempted to be manufactured or where any 
106.35  chemical substances, methamphetamine paraphernalia, or 
106.36  methamphetamine waste products were stored, and the child is 
107.1   enrolled in school, the officer who took the child into custody 
107.2   shall notify the chief administrative officer of the child's 
107.3   school of this fact.  
107.4      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
107.5   and applies to acts occurring on or after that date.  
107.6      Sec. 10.  [299C.90] [CITIZEN REPORTS OF METHAMPHETAMINE 
107.7   VIOLATIONS.] 
107.8      The superintendent of the Bureau of Criminal Apprehension 
107.9   shall maintain and publicize a toll-free telephone number to 
107.10  enable citizens to report information about potential 
107.11  methamphetamine violations, including, but not limited to, 
107.12  illicit methamphetamine laboratories.  The agency shall take 
107.13  appropriate steps after receiving a citizen report after 
107.14  considering the nature and trustworthiness of the information 
107.15  reported, including, but not limited to, contacting the 
107.16  appropriate law enforcement agency.  
107.17     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
107.18     Sec. 11.  Minnesota Statutes 2004, section 609.1095, 
107.19  subdivision 1, is amended to read: 
107.20     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
107.21  the following terms have the meanings given.  
107.22     (b) "Conviction" means any of the following accepted and 
107.23  recorded by the court:  a plea of guilty, a verdict of guilty by 
107.24  a jury, or a finding of guilty by the court.  The term includes 
107.25  a conviction by any court in Minnesota or another jurisdiction.  
107.26     (c) "Prior conviction" means a conviction that occurred 
107.27  before the offender committed the next felony resulting in a 
107.28  conviction and before the offense for which the offender is 
107.29  being sentenced under this section. 
107.30     (d) "Violent crime" means a violation of or an attempt or 
107.31  conspiracy to violate any of the following laws of this state or 
107.32  any similar laws of the United States or any other state:  
107.33  section sections 152.137; 609.165; 609.185; 609.19; 609.195; 
107.34  609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 
107.35  609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 
107.36  609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 
108.1   609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 
108.2   609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 
108.3   1e; 609.687; and 609.855, subdivision 5; any provision of 
108.4   sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is 
108.5   punishable by a felony penalty; or any provision of chapter 152 
108.6   that is punishable by a maximum sentence of 15 years or more. 
108.7      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
108.8   and applies to crimes committed on or after that date. 
108.9      Sec. 12.  Minnesota Statutes 2004, section 617.81, is 
108.10  amended by adding a subdivision to read: 
108.11     Subd. 2b.  [EXCEPTION; NUISANCES INVOLVING METHAMPHETAMINE 
108.12  MANUFACTURE.] Notwithstanding subdivision 2, for purposes of 
108.13  sections 617.80 to 617.87, a public nuisance exists upon proof 
108.14  of one or more behavioral incidents involving the manufacturing 
108.15  or attempted manufacture of methamphetamine in the previous 12 
108.16  months within the building.  The requirement of two or more 
108.17  behavioral incidents in subdivision 2, paragraph (b), does not 
108.18  apply to incidents involving the manufacturing or attempted 
108.19  manufacture of methamphetamine. 
108.20     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
108.21  and applies to acts committed on or after that date. 
108.22     Sec. 13.  Minnesota Statutes 2004, section 617.81, 
108.23  subdivision 4, is amended to read: 
108.24     Subd. 4.  [NOTICE.] (a) If a prosecuting attorney has 
108.25  reason to believe that a nuisance is maintained or permitted in 
108.26  the jurisdiction the prosecuting attorney serves, and intends to 
108.27  seek abatement of the nuisance, the prosecuting attorney shall 
108.28  provide the written notice described in paragraph (b), by 
108.29  personal service or certified mail, return receipt requested, to 
108.30  the owner and all interested parties known to the prosecuting 
108.31  attorney. 
108.32     (b) The written notice must: 
108.33     (1) state that a nuisance as defined in subdivision 2 is 
108.34  maintained or permitted in the building and must specify the 
108.35  kind or kinds of nuisance being maintained or permitted; 
108.36     (2) summarize the evidence that a nuisance is maintained or 
109.1   permitted in the building, including the date or dates on which 
109.2   nuisance-related activity or activities are alleged to have 
109.3   occurred; 
109.4      (3) inform the recipient that failure to abate the conduct 
109.5   constituting the nuisance or to otherwise resolve the matter 
109.6   with the prosecuting attorney within 30 days of service of the 
109.7   notice may result in the filing of a complaint for relief in 
109.8   district court that could, among other remedies, result in 
109.9   enjoining the use of the building for any purpose for one year 
109.10  or, in the case of a tenant, could result in cancellation of the 
109.11  lease; and 
109.12     (4) inform the owner of the options available under section 
109.13  617.85. 
109.14     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
109.15  and applies to acts committed on or after that date. 
109.16     Sec. 14.  Minnesota Statutes 2004, section 617.85, is 
109.17  amended to read: 
109.18     617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 
109.19     Where notice is provided under section 617.81, subdivision 
109.20  4, that an abatement of a nuisance is sought and the 
109.21  circumstances that are the basis for the requested abatement 
109.22  involved the acts of a commercial or residential tenant or 
109.23  lessee of part or all of a building, the owner of the building 
109.24  that is subject to the abatement proceeding may file before the 
109.25  court that has jurisdiction over the abatement proceeding a 
109.26  motion to cancel the lease or otherwise secure restitution of 
109.27  the premises from the tenant or lessee who has maintained or 
109.28  conducted the nuisance.  The owner may assign to the prosecuting 
109.29  attorney the right to file this motion.  In addition to the 
109.30  grounds provided in chapter 566, the maintaining or conducting 
109.31  of a nuisance as defined in section 617.81, subdivision 2, by a 
109.32  tenant or lessee, is an additional ground authorized by law for 
109.33  seeking the cancellation of a lease or the restitution of the 
109.34  premises.  Service of motion brought under this section must be 
109.35  served in a manner that is sufficient under the Rules of Civil 
109.36  Procedure and chapter 566. 
110.1      It is no defense to a motion under this section by the 
110.2   owner or the prosecuting attorney that the lease or other 
110.3   agreement controlling the tenancy or leasehold does not provide 
110.4   for eviction or cancellation of the lease upon the ground 
110.5   provided in this section. 
110.6      Upon a finding by the court that the tenant or lessee has 
110.7   maintained or conducted a nuisance in any portion of the 
110.8   building, the court shall order cancellation of the lease or 
110.9   tenancy and grant restitution of the premises to the owner.  The 
110.10  court must not order abatement of the premises if the court:  
110.11     (a) cancels a lease or tenancy and grants restitution of 
110.12  that portion of the premises to the owner; and 
110.13     (b) further finds that the act or acts constituting the 
110.14  nuisance as defined in section 617.81, subdivision 2, were 
110.15  committed by the tenant or lessee whose lease or tenancy has 
110.16  been canceled pursuant to this section and the tenant or lessee 
110.17  was not committing the act or acts in conjunction with or under 
110.18  the control of the owner. 
110.19     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
110.20  and applies to acts committed on or after that date. 
110.21     Sec. 15.  [BOARD OF VETERINARY MEDICINE REPORT, PRECURSOR 
110.22  ANIMAL PRODUCTS.] 
110.23     The Board of Veterinary Medicine shall study and issue a 
110.24  report on animal products that may be used in the manufacture of 
110.25  methamphetamine.  The report must include proposals for 
110.26  restricting access to such products only to legitimate users, 
110.27  specifically addressing the manufacturing, wholesaling, 
110.28  distributing, and retailing of precursor veterinary products.  
110.29  The board shall report its findings to the chairs and ranking 
110.30  minority members of the senate and house committees having 
110.31  jurisdiction over criminal justice and veterinary policy by 
110.32  February 1, 2006.  
110.33     [EFFECTIVE DATE.] This section is effective the day 
110.34  following final enactment. 
110.35     Sec. 16.  [REVISOR'S INSTRUCTION.] 
110.36     The revisor of statutes shall recodify the provisions of 
111.1   Minnesota Statutes, section 152.021, subdivision 2a, paragraph 
111.2   (b), and subdivision 3, as amended by this article, that relate 
111.3   to the possession of chemical reagents or precursors with the 
111.4   intent to manufacture methamphetamine and the penalties for 
111.5   doing this into a new section of law codified as Minnesota 
111.6   Statutes, section 152.0262.  The revisor shall make any 
111.7   necessary technical changes, including, but not limited to, 
111.8   changes to statutory cross-references, to Minnesota Statutes, 
111.9   section 152.021, and any other statutory sections to accomplish 
111.10  this.  
111.11     Sec. 17.  [REPEALER.] 
111.12     Minnesota Statutes 2004, sections 18C.005, subdivisions 1a 
111.13  and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision 
111.14  5, are repealed. 
111.15     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
111.16  and applies to crimes committed on or after that date. 
111.17                             ARTICLE 7 
111.18                      GENERAL CRIME PROVISIONS 
111.19     Section 1.  Minnesota Statutes 2004, section 244.10, is 
111.20  amended by adding a subdivision to read: 
111.21     Subd. 4.  [PROOF OF AGGRAVATING FACTORS.] The court shall 
111.22  allow a prosecutor seeking to prove the existence of an 
111.23  aggravating factor justifying an upward departure under the 
111.24  Sentencing Guidelines the opportunity to prove this to the fact 
111.25  finder.  The prosecutor shall provide reasonable notice to the 
111.26  defendant and the court of the prosecutor's intent to seek an 
111.27  upward departure and the aggravating factor on which the 
111.28  prosecutor intends to rely.  Upon reasonable notice, the court 
111.29  shall allow the prosecutor the opportunity to prove the 
111.30  aggravating factor either in a unitary or bifurcated trial. 
111.31     [EFFECTIVE DATE.] This section is effective the day 
111.32  following final enactment and applies to sentencing departures 
111.33  sought on or after that date. 
111.34     Sec. 2.  [325F.696] [DEFINITIONS.] 
111.35     Subdivision 1.  [SCOPE.] For the purposes of sections 
111.36  325F.696 to 325F.699, the terms in this section have the 
112.1   meanings given them. 
112.2      Subd. 2.  [COMMERCIAL ELECTRONIC MAIL MESSAGE.] "Commercial 
112.3   electronic mail message" means any electronic mail message, the 
112.4   primary purpose of which is the commercial advertisement or 
112.5   promotion of a commercial product or service, including content 
112.6   on an Internet Web site operated for a commercial purpose, but 
112.7   does not include a transactional or relationship message.  The 
112.8   inclusion of a reference to a commercial entity or a link to the 
112.9   Web site of a commercial entity does not, by itself, cause that 
112.10  message to be treated as a commercial electronic mail message 
112.11  for the purpose of this section if the contents or circumstances 
112.12  of the message indicate a primary purpose other than commercial 
112.13  advertisement or promotion of a commercial product or service. 
112.14     Subd. 3.  [COMPUTER.] "Computer" means an electronic device 
112.15  that performs logical, arithmetic, and memory functions by the 
112.16  manipulation of electronic or magnetic impulses.  Computer 
112.17  includes, but is not limited to, all input, output, processing, 
112.18  storage, computer program, or communication facilities that are 
112.19  connected or related in a computer system or network to an 
112.20  electronic device of that nature. 
112.21     Subd. 4.  [COMPUTER NETWORK.] "Computer network" means a 
112.22  set of related and remotely connected computers and 
112.23  communication facilities that includes more than one computer 
112.24  system that has the capability to transmit among the connected 
112.25  computers and communication facilities through the use of 
112.26  computer facilities. 
112.27     Subd. 5.  [COMPUTER SYSTEM.] "Computer system" means a 
112.28  computer and related devices, whether connected or unconnected, 
112.29  including, but not limited to, data input, output, and storage 
112.30  devices, data communication links, and computer programs and 
112.31  data that make the system capable of performing specified 
112.32  special purpose data processing tasks. 
112.33     Subd. 6.  [DOMAIN NAME.] "Domain name" means any 
112.34  alphanumeric designation that is registered with or assigned by 
112.35  any domain name registrar, domain name registry, or other domain 
112.36  name registration authority as part of an electronic address on 
113.1   the Internet. 
113.2      Subd. 7.  [ELECTRONIC MAIL.] "Electronic mail" means an 
113.3   electronic message that is transmitted between two or more 
113.4   telecommunications devices or electronic devices capable of 
113.5   receiving electronic messages, whether or not the message is 
113.6   converted to hard copy format after receipt, and whether or not 
113.7   the message is viewed upon the transmission or stored for later 
113.8   retrieval.  "Electronic mail" includes electronic messages that 
113.9   are transmitted through a local, regional, or global computer 
113.10  network. 
113.11     Subd. 8.  [ORIGINATING ADDRESS.] "Originating address" 
113.12  means the string of characters used to specify the source of any 
113.13  electronic mail message. 
113.14     Subd. 9.  [RECEIVING ADDRESS.] "Receiving address" means 
113.15  the string of characters used to specify a recipient with each 
113.16  receiving address creating a unique and separate recipient. 
113.17     Subd. 10.  [ELECTRONIC MAIL MESSAGE.] "Electronic mail 
113.18  message" means each electronic mail message addressed to a 
113.19  discrete addressee. 
113.20     Subd. 11.  [ELECTRONIC MAIL SERVICE PROVIDER.] "Electronic 
113.21  mail service provider" means any person, including an Internet 
113.22  service provider, that is an intermediary in sending and 
113.23  receiving electronic mail and that provides to the public 
113.24  electronic mail accounts or online user accounts from which 
113.25  electronic mail may be sent. 
113.26     Subd. 12.  [HEADER INFORMATION.] "Header information" means 
113.27  the source, destination, and routing information attached to an 
113.28  electronic mail message, including the originating domain name, 
113.29  originating address, and technical information that 
113.30  authenticates the sender of an electronic mail message for 
113.31  computer network security or computer network management 
113.32  purposes. 
113.33     Subd. 13.  [INITIATE THE TRANSMISSION; 
113.34  INITIATED.] "Initiate the transmission" or "initiated" means to 
113.35  originate or transmit a commercial electronic mail message or to 
113.36  procure the origination or transmission of that message, 
114.1   regardless of whether the message reaches its intended 
114.2   recipients, but does not include actions that constitute routine 
114.3   conveyance of the message. 
114.4      Subd. 14.  [INTERNET.] "Internet" means collectively the 
114.5   myriad of computer and telecommunications facilities, including 
114.6   equipment and operating software, which comprise the 
114.7   interconnected worldwide network of networks that employ the 
114.8   Transmission Control Protocol/Internet Protocol, or any 
114.9   predecessor or successor protocols to this protocol, to 
114.10  communication information of all kinds by wire or radio. 
114.11     Subd. 15.  [INTERNET PROTOCOL ADDRESS.] "Internet protocol 
114.12  address" means the string of numbers by which locations on the 
114.13  Internet are identified by routers or other computers connected 
114.14  to the Internet. 
114.15     Subd. 16.  [MATERIALLY FALSIFY.] "Materially falsify" means 
114.16  to alter or conceal in a manner that would impair the ability of 
114.17  a recipient of an electronic mail message, an electronic mail 
114.18  service provider processing an electronic mail message on behalf 
114.19  of a recipient, a person alleging a violation of section 
114.20  325F.697, or a law enforcement agency to identify, locate, or 
114.21  respond to the person that initiated the electronic mail message 
114.22  or to investigate an alleged violation of this section. 
114.23     Subd. 17.  [MULTIPLE.] "Multiple" means more than ten 
114.24  commercial electronic mail messages during a 24-hour period, 
114.25  more than 100 commercial electronic mail messages during a 
114.26  30-day period, or more than 1,000 commercial electronic mail 
114.27  messages during a one-year period. 
114.28     Subd. 18.  [RECIPIENT.] "Recipient" means a person who 
114.29  receives a commercial electronic mail message at any one of the 
114.30  following receiving addresses: 
114.31     (1) a receiving address furnished by an electronic mail 
114.32  service provider that bills for furnishing and maintaining that 
114.33  receiving address to a mailing address within this state; 
114.34     (2) a receiving address ordinarily accessed from a computer 
114.35  located within this state or by a person domiciled within this 
114.36  state; or 
115.1      (3) any other receiving address with respect to which this 
115.2   section can be imposed consistent with the United States 
115.3   Constitution. 
115.4      Subd. 19.  [ROUTINE CONVEYANCE.] "Routine conveyance" means 
115.5   the transmission, routing, relaying, handling, or storing, 
115.6   through an automated technical process, of an electronic mail 
115.7   message for which another person has identified the recipients 
115.8   or provided the recipient addresses. 
115.9      Subd. 20.  [TRANSACTIONAL OR RELATIONSHIP 
115.10  MESSAGE.] "Transactional or relationship message" means an 
115.11  electronic mail message the primary purpose of which is to do 
115.12  any of the following: 
115.13     (1) facilitate, complete, or confirm a commercial 
115.14  transaction that the recipient has previously agreed to enter 
115.15  into with the sender; 
115.16     (2) provide warranty information, product recall 
115.17  information, or safety or security information with respect to a 
115.18  commercial product or service used or purchased by the 
115.19  recipient; 
115.20     (3) provide notification concerning a change in the terms 
115.21  or features of; a change in the recipient's standing or status 
115.22  with respect to; or, at regular periodic intervals, account 
115.23  balance information or other type of account statement with 
115.24  respect to a subscription, membership, account, loan, or 
115.25  comparable ongoing commercial relationship involving the ongoing 
115.26  purchase or use by the recipient of products or services offered 
115.27  by the sender; 
115.28     (4) provide information directly related to an employment 
115.29  relationship or related benefit plan in which the recipient is 
115.30  currently involved, participating, or enrolled; or 
115.31     (5) deliver goods or services, including product updates or 
115.32  upgrades, that the recipient is entitled to receive under the 
115.33  terms of a transaction that the recipient has previously agreed 
115.34  to enter into with the sender. 
115.35     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
115.36  and applies to crimes committed on or after that date.  
116.1      Sec. 3.  [325F.697] [FALSE, MISLEADING, OR DECEPTIVE 
116.2   COMMERCIAL ELECTRONIC MAIL MESSAGES PROHIBITED.] 
116.3      No person, with regard to commercial electronic mail 
116.4   messages sent from or to a computer in this state, shall do any 
116.5   of the following: 
116.6      (1) knowingly use a computer to relay or retransmit 
116.7   multiple commercial electronic mail messages, with the intent to 
116.8   deceive or mislead recipients or any electronic mail service 
116.9   provider, as to the origin of those messages; 
116.10     (2) knowingly and materially falsify header information in 
116.11  multiple commercial electronic mail messages and purposely 
116.12  initiate the transmission of those messages; 
116.13     (3) knowingly register, using information that materially 
116.14  falsifies the identity of the actual registrant, for five or 
116.15  more electronic mail accounts or online user accounts or two or 
116.16  more domain names and purposely initiate the transmission of 
116.17  multiple commercial electronic mail messages from one, or any 
116.18  combination, of those accounts or domain names; or 
116.19     (4) knowingly falsely represent the right to use five or 
116.20  more Internet protocol addresses and purposely initiate the 
116.21  transmission of multiple commercial electronic mail messages 
116.22  from those addresses. 
116.23     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
116.24  and applies to crimes committed on or after that date.  
116.25     Sec. 4.  [325F.698] [ILLEGAL TRANSMISSION OF MULTIPLE 
116.26  MESSAGES; CRIMINAL PENALTIES.] 
116.27     (a) Whoever violates section 325F.697 is guilty of 
116.28  illegally transmitting multiple commercial electronic mail 
116.29  messages.  Except as otherwise provided in paragraph (b) or 
116.30  section 325F.699, subdivision 3, illegally transmitting multiple 
116.31  commercial electronic mail messages is a misdemeanor. 
116.32     (b) Illegally transmitting multiple commercial electronic 
116.33  mail messages is a gross misdemeanor if any of the following 
116.34  apply: 
116.35     (1) regarding a violation of section 325F.697, clause (3), 
116.36  the offender, using information that materially falsifies the 
117.1   identity of the actual registrant, knowingly registers for 20 or 
117.2   more electronic mail accounts or online user accounts or ten or 
117.3   more domain names, and purposely initiates, or conspires to 
117.4   initiate, the transmission of multiple commercial electronic 
117.5   mail messages from the accounts or domain names; 
117.6      (2) regarding any violation of section 325F.697, the volume 
117.7   of commercial electronic mail messages the offender transmitted 
117.8   in committing the violation exceeds 250 during any 24-hour 
117.9   period, 2,500 during any 30-day period, or 25,000 during any 
117.10  one-year period; 
117.11     (3) regarding any violation of section 325F.697, during any 
117.12  one-year period the aggregate loss to the victim or victims of 
117.13  the violation is $500 or more, or during any one-year period the 
117.14  aggregate value of the property or services obtained by any 
117.15  offender as a result of the violation is $500 or more; 
117.16     (4) regarding any violation of section 325F.697, the 
117.17  offender committed the violation with three or more other 
117.18  persons with respect to whom the offender was the organizer or 
117.19  leader of the activity that resulted in the violation; 
117.20     (5) regarding any violation of section 325F.697, the 
117.21  offender knowingly assisted in the violation through the 
117.22  provision or selection of electronic mail addresses to which the 
117.23  commercial electronic mail message was transmitted, if that 
117.24  offender knew that the electronic mail addresses of the 
117.25  recipients were obtained using an automated means from an 
117.26  Internet Web site or proprietary online service operated by 
117.27  another person, and that Web site or online service included, at 
117.28  the time the electronic mail addresses were obtained, a notice 
117.29  stating that the operator of that Web site or online service 
117.30  will not transfer addresses maintained by that Web site or 
117.31  online service to any other party for the purposes of initiating 
117.32  the transmission of, or enabling others to initiate the 
117.33  transmission of, electronic mail messages; or 
117.34     (6) regarding any violation of section 325F.697, the 
117.35  offender knowingly assisted in the violation through the 
117.36  provision or selection of electronic mail addresses of the 
118.1   recipients obtained using an automated means that generates 
118.2   possible electronic mail addresses by combining names, letters, 
118.3   or numbers into numerous permutations. 
118.4      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
118.5   and applies to crimes committed on or after that date.  
118.6      Sec. 5.  [325F.699] [UNAUTHORIZED ACCESS TO A COMPUTER; 
118.7   CRIMINAL PENALTIES.] 
118.8      Subdivision 1.  [PROHIBITION.] No person, with regard to 
118.9   commercial electronic mail messages sent from or to a computer 
118.10  in this state, shall knowingly access a computer without 
118.11  authorization and purposely initiate the transmission of 
118.12  multiple commercial electronic mail messages from or through the 
118.13  computer. 
118.14     Subd. 2.  [GROSS MISDEMEANOR.] Except as otherwise provided 
118.15  in subdivision 3, whoever violates subdivision 1 is guilty of 
118.16  unauthorized access of a computer, a gross misdemeanor. 
118.17     Subd. 3.  [FELONY.] Illegally transmitting multiple 
118.18  commercial electronic mail messages and unauthorized access of a 
118.19  computer in violation of this section are felonies if the 
118.20  offender previously has been convicted of a violation of this 
118.21  section, or a violation of a law of another state or the United 
118.22  States regarding the transmission of electronic mail messages or 
118.23  unauthorized access to a computer, or if the offender committed 
118.24  the violation of this section in the furtherance of a felony. 
118.25     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
118.26  and applies to crimes committed on or after that date.  
118.27     Sec. 6.  Minnesota Statutes 2004, section 518B.01, 
118.28  subdivision 22, is amended to read: 
118.29     Subd. 22.  [VIOLATION OF A DOMESTIC ABUSE NO CONTACT 
118.30  ORDER.] (a) A domestic abuse no contact order is an order issued 
118.31  by a court against a defendant in a criminal proceeding for: 
118.32     (1) domestic abuse; 
118.33     (2) harassment or stalking charged under section 609.749 
118.34  and committed against a family or household member; 
118.35     (3) violation of an order for protection charged under 
118.36  subdivision 14; or 
119.1      (4) violation of a prior domestic abuse no contact order 
119.2   charged under this subdivision. 
119.3   It includes pretrial orders before final disposition of the case 
119.4   and probationary orders after sentencing. 
119.5      (b) A person who knows of the existence of a domestic abuse 
119.6   no contact order issued against the person and violates the 
119.7   order is guilty of a misdemeanor. 
119.8      (c) A peace officer shall arrest without a warrant and take 
119.9   into custody a person whom the peace officer has probable cause 
119.10  to believe has violated a domestic abuse no contact order, even 
119.11  if the violation of the order did not take place in the presence 
119.12  of the peace officer, if the existence of the order can be 
119.13  verified by the officer.  The person shall be held in custody 
119.14  for at least 36 hours, excluding the day of arrest, Sundays, and 
119.15  holidays, unless the person is released earlier by a judge or 
119.16  judicial officer.  A peace officer acting in good faith and 
119.17  exercising due care in making an arrest pursuant to this 
119.18  paragraph is immune from civil liability that might result from 
119.19  the officer's actions. 
119.20     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
119.21     Sec. 7.  Minnesota Statutes 2004, section 609.119, is 
119.22  amended to read: 
119.23     609.119 [ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR 
119.24  DNA TESTING.] 
119.25     (a) From July 1, 2003, to June 30, 2005, The court shall 
119.26  order an offender to provide a biological specimen for the 
119.27  purpose of future DNA analysis as described in section 299C.155 
119.28  when: 
119.29     (1) the court sentences a person charged with committing or 
119.30  attempting to commit a felony offense not described in section 
119.31  609.117, subdivision 1, and the person is convicted of that 
119.32  offense or of any felony offense arising out of the same set of 
119.33  circumstances; or 
119.34     (2) the juvenile court adjudicates a person a delinquent 
119.35  child who is petitioned for committing or attempting to commit a 
119.36  felony offense not described in section 609.117, subdivision 1, 
120.1   and is adjudicated delinquent for that offense or any 
120.2   felony-level offense arising out of the same set of 
120.3   circumstances. 
120.4   The biological specimen shall be maintained by the Bureau of 
120.5   Criminal Apprehension as provided in section 299C.155. 
120.6      (b) From July 1, 2003, to June 30, 2005, The commissioner 
120.7   of corrections or local corrections authority shall order a 
120.8   person to provide a biological specimen for the purpose of 
120.9   future DNA analysis as described in section 299C.155 before 
120.10  completion of the person's term of imprisonment when the person 
120.11  has not provided a biological specimen for the purpose of DNA 
120.12  analysis, and the person: 
120.13     (1) was initially charged with committing or attempting to 
120.14  commit a felony offense not described in section 609.117, 
120.15  subdivision 1, and was convicted of that offense or of any 
120.16  felony offense arising out of the same set of circumstances; or 
120.17     (2) is serving a term of imprisonment in this state under a 
120.18  reciprocal agreement although convicted in another state of 
120.19  committing or attempting to commit a felony offense not 
120.20  described in section 609.117, subdivision 1, or of any felony 
120.21  offense arising out of the same set of circumstances if the 
120.22  person was initially charged with committing or attempting to 
120.23  commit a felony offense not described in section 609.117, 
120.24  subdivision 1.  
120.25  The commissioner of corrections or local corrections authority 
120.26  shall forward the sample to the Bureau of Criminal Apprehension. 
120.27     (c) From July 1, 2003, to June 30, 2005, When the state 
120.28  accepts an offender from another state under the interstate 
120.29  compact authorized by section 243.16 or 243.1605, the acceptance 
120.30  is conditional on the offender providing a biological specimen 
120.31  for the purposes of future DNA analysis as described in section 
120.32  299C.155, if the offender was initially charged with committing 
120.33  or attempting to commit a felony offense not described in 
120.34  section 609.117, subdivision 1, and was convicted of that 
120.35  offense or of any felony offense arising out of the same set of 
120.36  circumstances.  The specimen must be provided under supervision 
121.1   of staff from the Department of Corrections or a Community 
121.2   Corrections Act county within 15 business days after the 
121.3   offender reports to the supervising agent.  The cost of 
121.4   obtaining the biological specimen is the responsibility of the 
121.5   agency providing supervision. 
121.6      [EFFECTIVE DATE.] This section is effective July 1, 2005.  
121.7      Sec. 8.  Minnesota Statutes 2004, section 609.185, is 
121.8   amended to read: 
121.9      609.185 [MURDER IN THE FIRST DEGREE.] 
121.10     (a) Whoever does any of the following is guilty of murder 
121.11  in the first degree and shall be sentenced to imprisonment for 
121.12  life: 
121.13     (1) causes the death of a human being with premeditation 
121.14  and with intent to effect the death of the person or of another; 
121.15     (2) causes the death of a human being while committing or 
121.16  attempting to commit criminal sexual conduct in the first or 
121.17  second degree with force or violence, either upon or affecting 
121.18  the person or another; 
121.19     (3) causes the death of a human being with intent to effect 
121.20  the death of the person or another, while committing or 
121.21  attempting to commit burglary, aggravated robbery, kidnapping, 
121.22  arson in the first or second degree, a drive-by shooting, 
121.23  tampering with a witness in the first degree, escape from 
121.24  custody, or any felony violation of chapter 152 involving the 
121.25  unlawful sale of a controlled substance; 
121.26     (4) causes the death of a peace officer or a guard employed 
121.27  at a Minnesota state or local correctional facility, with intent 
121.28  to effect the death of that person or another, while the peace 
121.29  officer or guard is engaged in the performance of official 
121.30  duties; 
121.31     (5) causes the death of a minor while committing child 
121.32  abuse, when the perpetrator has engaged in a past pattern of 
121.33  child abuse upon the a child and the death occurs under 
121.34  circumstances manifesting an extreme indifference to human life; 
121.35     (6) causes the death of a human being while committing 
121.36  domestic abuse, when the perpetrator has engaged in a past 
122.1   pattern of domestic abuse upon the victim or upon another family 
122.2   or household member and the death occurs under circumstances 
122.3   manifesting an extreme indifference to human life; or 
122.4      (7) causes the death of a human being while committing, 
122.5   conspiring to commit, or attempting to commit a felony crime to 
122.6   further terrorism and the death occurs under circumstances 
122.7   manifesting an extreme indifference to human life. 
122.8      (b) For purposes of paragraph (a), clause (5), "child abuse"
122.9   means an act committed against a minor victim that constitutes a 
122.10  violation of the following laws of this state or any similar 
122.11  laws of the United States or any other state:  section 609.221; 
122.12  609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
122.13  609.345; 609.377; 609.378; or 609.713. 
122.14     (c) For purposes of paragraph (a), clause (6), "domestic 
122.15  abuse" means an act that: 
122.16     (1) constitutes a violation of section 609.221, 609.222, 
122.17  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
122.18  609.713, or any similar laws of the United States or any other 
122.19  state; and 
122.20     (2) is committed against the victim who is a family or 
122.21  household member as defined in section 518B.01, subdivision 2, 
122.22  paragraph (b). 
122.23     (d) For purposes of paragraph (a), clause (7), "further 
122.24  terrorism" has the meaning given in section 609.714, subdivision 
122.25  1. 
122.26     [EFFECTIVE DATE.] This section is effective the day 
122.27  following final enactment and applies to crimes committed on or 
122.28  after that date. 
122.29     Sec. 9.  Minnesota Statutes 2004, section 609.223, is 
122.30  amended by adding a subdivision to read: 
122.31     Subd. 4.  [ASSAULT BY STRANGULATION OR ASPHYXIATION.] (a) 
122.32  As used in this subdivision, "strangulation" means intentionally 
122.33  impeding normal breathing or circulation of the blood by 
122.34  applying pressure on the throat or neck or by blocking the nose 
122.35  or mouth of another person. 
122.36     (b) Unless a greater penalty is provided elsewhere, whoever 
123.1   assaults another by strangulation or asphyxiation is guilty of a 
123.2   felony and may be sentenced to imprisonment for not more than 
123.3   five years or to payment of a fine of not more than $10,000, or 
123.4   both. 
123.5      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
123.6   and applies to crimes committed on or after that date. 
123.7      Sec. 10.  Minnesota Statutes 2004, section 609.2231, is 
123.8   amended by adding a subdivision to read: 
123.9      Subd. 3a.  [SECURE TREATMENT FACILITY PERSONNEL.] (a) As 
123.10  used in this subdivision, "secure treatment facility" has the 
123.11  meaning given in section 253B.02, subdivision 18a.  
123.12     (b) Whoever, while committed under section 253B.185 or 
123.13  Minnesota Statutes 1992, section 526.10, commits either of the 
123.14  following acts against an employee or other individual who 
123.15  provides care or treatment at a secure treatment facility while 
123.16  the person is engaged in the performance of a duty imposed by 
123.17  law, policy, or rule is guilty of a felony and may be sentenced 
123.18  to imprisonment for not more than two years or to payment of a 
123.19  fine of not more than $4,000, or both: 
123.20     (1) assaults the person and inflicts demonstrable bodily 
123.21  harm; or 
123.22     (2) intentionally throws or otherwise transfers bodily 
123.23  fluids or feces at or onto the person. 
123.24     (c) The court shall commit a person convicted of violating 
123.25  paragraph (b) to the custody of the commissioner of corrections 
123.26  for not less than a year and a day.  The court may not, on its 
123.27  own motion or the prosecutor's motion, sentence a person without 
123.28  regard to this paragraph.  A person convicted and sentenced as 
123.29  required by this paragraph is not eligible for probation, 
123.30  parole, discharge, work release, or supervised release, until 
123.31  that person has served the full term of imprisonment as provided 
123.32  by law, notwithstanding the provisions of sections 241.26, 
123.33  242.19, 243.05, 244.04, 609.12, and 609.135.  
123.34     (d) Notwithstanding the statutory maximum sentence provided 
123.35  in paragraph (b), when a court sentences a person to the custody 
123.36  of the commissioner of corrections for a violation of paragraph 
124.1   (b), the court shall provide that after the person has completed 
124.2   the sentence imposed, the commissioner shall place the person on 
124.3   conditional release for five years.  The terms of conditional 
124.4   release are governed by sections 244.05 and 609.109. 
124.5      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
124.6   and applies to crimes committed on or after that date. 
124.7      Sec. 11.  Minnesota Statutes 2004, section 609.229, 
124.8   subdivision 3, is amended to read: 
124.9      Subd. 3.  [PENALTY.] (a) If the crime committed in 
124.10  violation of subdivision 2 is a felony, the statutory maximum 
124.11  for the crime is five years longer than the statutory maximum 
124.12  for the underlying crime.  If the crime committed in violation 
124.13  of subdivision 2 is a felony, and the victim of the crime is a 
124.14  child under the age of 18 years, the statutory maximum for the 
124.15  crime is ten years longer than the statutory maximum for the 
124.16  underlying crime.  
124.17     (b) If the crime committed in violation of subdivision 2 is 
124.18  a misdemeanor, the person is guilty of a gross misdemeanor. 
124.19     (c) If the crime committed in violation of subdivision 2 is 
124.20  a gross misdemeanor, the person is guilty of a felony and may be 
124.21  sentenced to imprisonment for not more than three years or to 
124.22  payment of a fine of not more than $15,000, or both.  
124.23     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
124.24  and applies to crimes committed on or after that date.  
124.25     Sec. 12.  [609.281] [DEFINITIONS.] 
124.26     Subdivision 1.  [GENERALLY.] As used in sections 609.281 to 
124.27  609.284, the following terms have the meanings given. 
124.28     Subd. 2.  [BLACKMAIL.] "Blackmail" means a threat to expose 
124.29  any fact or alleged fact tending to cause shame or to subject 
124.30  any person to hatred, contempt, or ridicule. 
124.31     Subd. 3.  [DEBT BONDAGE.] "Debt bondage" means the status 
124.32  or condition of a debtor arising from a pledge by the debtor of 
124.33  the debtor's personal services or those of a person under the 
124.34  debtor's control as a security for debt, if the value of those 
124.35  services as reasonably assessed is not applied toward the 
124.36  liquidation of the debt or the length and nature of those 
125.1   services are not respectively limited and defined. 
125.2      Subd. 4.  [FORCED LABOR OR SERVICES.] "Forced labor or 
125.3   services" means labor or services that are performed or provided 
125.4   by another person and are obtained or maintained through an 
125.5   actor's: 
125.6      (1) threat, either implicit or explicit, scheme, plan, or 
125.7   pattern, or other action intended to cause a person to believe 
125.8   that, if the person did not perform or provide the labor or 
125.9   services, that person or another person would suffer bodily harm 
125.10  or physical restraint; 
125.11     (2) physically restraining or threatening to physically 
125.12  restrain a person; 
125.13     (3) abuse or threatened abuse of the legal process; 
125.14     (4) knowingly destroying, concealing, removing, 
125.15  confiscating, or possessing any actual or purported passport or 
125.16  other immigration document, or any other actual or purported 
125.17  government identification document, of another person; or 
125.18     (5) use of blackmail.  
125.19     Subd. 5.  [LABOR TRAFFICKING.] "Labor trafficking" means 
125.20  the recruitment, transportation, transfer, harboring, 
125.21  enticement, provision, obtaining, or receipt of a person by any 
125.22  means, whether a United States citizen or foreign national, for 
125.23  the purpose of: 
125.24     (1) debt bondage or forced labor or services; 
125.25     (2) slavery or practices similar to slavery; or 
125.26     (3) the removal of organs through the use of coercion or 
125.27  intimidation. 
125.28     Subd. 6.  [LABOR TRAFFICKING VICTIM.] "Labor trafficking 
125.29  victim" means a person subjected to the practices in subdivision 
125.30  5. 
125.31     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
125.32  and applies to crimes committed on or after that date.  
125.33     Sec. 13.  [609.282] [LABOR TRAFFICKING.] 
125.34     Whoever knowingly engages in the labor trafficking of 
125.35  another is guilty of a crime and may be sentenced to 
125.36  imprisonment for not more than 15 years or to payment of a fine 
126.1   of not more than $30,000, or both.  In a prosecution under this 
126.2   section the consent or age of the victim is not a defense.  
126.3      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
126.4   and applies to crimes committed on or after that date.  
126.5      Sec. 14.  [609.283] [UNLAWFUL CONDUCT WITH RESPECT TO 
126.6   DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.] 
126.7      Unless the person's conduct constitutes a violation of 
126.8   section 609.282, a person who knowingly destroys, conceals, 
126.9   removes, confiscates, or possesses any actual or purported 
126.10  passport or other immigration document, or any other actual or 
126.11  purported government identification document, of another person: 
126.12     (1) in the course of a violation of section 609.282 or 
126.13  609.322; 
126.14     (2) with intent to violate section 609.282 or 609.322; or 
126.15     (3) to prevent or restrict or to attempt to prevent or 
126.16  restrict, without lawful authority, a person's liberty to move 
126.17  or travel, in order to maintain the labor or services of that 
126.18  person, when the person is or has been a victim of a violation 
126.19  of section 609.282 or 609.322; 
126.20  is guilty of a crime and may be sentenced to imprisonment for 
126.21  not more than five years or to payment of a fine of not more 
126.22  than $10,000, or both.  In a prosecution under this section the 
126.23  consent or age of the victim is not a defense.  
126.24     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
126.25  and applies to crimes committed on or after that date.  
126.26     Sec. 15.  [609.284] [LABOR OR SEX TRAFFICKING CRIMES; 
126.27  DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY.] 
126.28     Subdivision 1.  [CONSENT OR AGE OF VICTIM NOT A 
126.29  DEFENSE.] In an action under this section the consent or age of 
126.30  the victim is not a defense. 
126.31     Subd. 2.  [CIVIL LIABILITY.] A labor trafficking victim may 
126.32  bring a cause of action against a person who violates section 
126.33  609.282 or 609.283.  The court may award damages, including 
126.34  punitive damages, reasonable attorney fees, and other litigation 
126.35  costs reasonably incurred by the victim.  This remedy is in 
126.36  addition to potential criminal liability.  
127.1      Subd. 3.  [CORPORATE LIABILITY.] If a corporation or other 
127.2   business enterprise is convicted of violating section 609.282, 
127.3   609.283, or 609.322, in addition to the criminal penalties 
127.4   described in those sections and other remedies provided 
127.5   elsewhere in law, the court may, when appropriate:  
127.6      (1) order its dissolution or reorganization; 
127.7      (2) order the suspension or revocation of any license, 
127.8   permit, or prior approval granted to it by a state agency; or 
127.9      (3) order the surrender of its charter if it is organized 
127.10  under Minnesota law or the revocation of its certificate to 
127.11  conduct business in Minnesota if it is not organized under 
127.12  Minnesota law.  
127.13     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
127.14  and applies to crimes committed on or after that date.  
127.15     Sec. 16.  Minnesota Statutes 2004, section 609.321, 
127.16  subdivision 1, is amended to read: 
127.17     Subdivision 1.  [SCOPE.] For the purposes of sections 
127.18  609.321 to 609.324 609.325, the following terms have the 
127.19  meanings given.  
127.20     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
127.21  and applies to crimes committed on or after that date.  
127.22     Sec. 17.  Minnesota Statutes 2004, section 609.321, 
127.23  subdivision 7, is amended to read: 
127.24     Subd. 7.  [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.] 
127.25  "Promotes the prostitution of an individual" means any of the 
127.26  following wherein the person knowingly:  
127.27     (1) solicits or procures patrons for a prostitute; or 
127.28     (2) provides, leases or otherwise permits premises or 
127.29  facilities owned or controlled by the person to aid the 
127.30  prostitution of an individual; or 
127.31     (3) owns, manages, supervises, controls, keeps or operates, 
127.32  either alone or with others, a place of prostitution to aid the 
127.33  prostitution of an individual; or 
127.34     (4) owns, manages, supervises, controls, operates, 
127.35  institutes, aids or facilitates, either alone or with others, a 
127.36  business of prostitution to aid the prostitution of an 
128.1   individual; or 
128.2      (5) admits a patron to a place of prostitution to aid the 
128.3   prostitution of an individual; or 
128.4      (6) transports an individual from one point within this 
128.5   state to another point either within or without this state, or 
128.6   brings an individual into this state to aid the prostitution of 
128.7   the individual; or 
128.8      (7) engages in the sex trafficking of an individual.  
128.9      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
128.10  and applies to crimes committed on or after that date.  
128.11     Sec. 18.  Minnesota Statutes 2004, section 609.321, is 
128.12  amended by adding a subdivision to read: 
128.13     Subd. 7a.  [SEX TRAFFICKING.] "Sex trafficking" means 
128.14  receiving, recruiting, enticing, harboring, providing, or 
128.15  obtaining by any means an individual to aid in the prostitution 
128.16  of the individual.  
128.17     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
128.18  and applies to crimes committed on or after that date.  
128.19     Sec. 19.  Minnesota Statutes 2004, section 609.321, is 
128.20  amended by adding a subdivision to read: 
128.21     Subd. 7b.  [SEX TRAFFICKING VICTIM.] "Sex trafficking 
128.22  victim" means a person subjected to the practices in subdivision 
128.23  7a.  
128.24     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
128.25  and applies to crimes committed on or after that date.  
128.26     Sec. 20.  [609.3243] [LOITERING WITH INTENT TO PARTICIPATE 
128.27  IN PROSTITUTION.] 
128.28     A person who loiters in a public place with intent to 
128.29  participate in prostitution is guilty of a misdemeanor.  
128.30     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
128.31  and applies to crimes committed on or after that date.  
128.32     Sec. 21.  Minnesota Statutes 2004, section 609.325, is 
128.33  amended by adding a subdivision to read: 
128.34     Subd. 4.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
128.35  defense to a charge under section 609.324 if the defendant 
128.36  proves by a preponderance of the evidence that the defendant is 
129.1   a labor trafficking victim, as defined in section 609.281, or a 
129.2   sex trafficking victim, as defined in section 609.321, and that 
129.3   the defendant committed the act only under compulsion by another 
129.4   who by explicit or implicit threats created a reasonable 
129.5   apprehension in the mind of the defendant that if the defendant 
129.6   did not commit the act, the person would inflict bodily harm 
129.7   upon the defendant.  
129.8      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
129.9   and applies to crimes committed on or after that date.  
129.10     Sec. 22.  Minnesota Statutes 2004, section 609.341, 
129.11  subdivision 14, is amended to read: 
129.12     Subd. 14.  [COERCION.] "Coercion" means the use by the 
129.13  actor of words or circumstances that cause the complainant 
129.14  reasonably to fear that the actor will inflict bodily harm upon, 
129.15  or hold in confinement, the complainant or another, or force the 
129.16  use by the actor of confinement, or superior size or strength, 
129.17  against the complainant that causes the complainant to submit to 
129.18  sexual penetration or contact, but against the complainant's 
129.19  will.  Proof of coercion does not require proof of a specific 
129.20  act or threat. 
129.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
129.22  and applies to crimes committed on or after that date.  
129.23     Sec. 23.  Minnesota Statutes 2004, section 609.485, 
129.24  subdivision 2, is amended to read: 
129.25     Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
129.26  following may be sentenced as provided in subdivision 4: 
129.27     (1) escapes while held pursuant to a lawful arrest, in 
129.28  lawful custody on a charge or conviction of a crime, or while 
129.29  held in lawful custody on an allegation or adjudication of a 
129.30  delinquent act; 
129.31     (2) transfers to another, who is in lawful custody on a 
129.32  charge or conviction of a crime, or introduces into an 
129.33  institution in which the latter is confined, anything usable in 
129.34  making such escape, with intent that it shall be so used; 
129.35     (3) having another in lawful custody on a charge or 
129.36  conviction of a crime, intentionally permits the other to 
130.1   escape; 
130.2      (4) escapes while in a facility designated under section 
130.3   253B.18, subdivision 1, pursuant to a court commitment order 
130.4   after a finding of not guilty by reason of mental illness or 
130.5   mental deficiency of a crime against the person, as defined in 
130.6   section 253B.02, subdivision 4a.  Notwithstanding section 
130.7   609.17, no person may be charged with or convicted of an attempt 
130.8   to commit a violation of this clause; or 
130.9      (5) escapes while in a facility designated under section 
130.10  253B.18, subdivision 1, pursuant to a court commitment order 
130.11  under section 253B.185 or Minnesota Statutes 1992, section 
130.12  526.10; or 
130.13     (6) knowingly absconds or fails to return to custody 
130.14  following the revocation of provisional discharge under section 
130.15  253B.18 of a person committed under section 253B.185 or 
130.16  Minnesota Statutes 1992, section 526.10. 
130.17     For purposes of clause (1), "escapes while held in lawful 
130.18  custody" includes absconding from electronic monitoring or 
130.19  absconding after removing an electronic monitoring device from 
130.20  the person's body. 
130.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
130.22  and applies to crimes committed on or after that date.  
130.23     Sec. 24.  Minnesota Statutes 2004, section 609.485, 
130.24  subdivision 4, is amended to read: 
130.25     Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
130.26  subdivision 3a, whoever violates this section may be sentenced 
130.27  as follows: 
130.28     (1) if the person who escapes is in lawful custody for a 
130.29  felony, to imprisonment for not more than five years or to 
130.30  payment of a fine of not more than $10,000, or both; 
130.31     (2) if the person who escapes is in lawful custody after a 
130.32  finding of not guilty by reason of mental illness or mental 
130.33  deficiency of a crime against the person, as defined in section 
130.34  253B.02, subdivision 4a, or pursuant to a court commitment order 
130.35  under section 253B.185 or Minnesota Statutes 1992, section 
130.36  526.10, or violates subdivision 2, clause (6), to imprisonment 
131.1   for not more than one year and one day or to payment of a fine 
131.2   of not more than $3,000, or both; or 
131.3      (3) if the person who escapes is in lawful custody for a 
131.4   gross misdemeanor or misdemeanor, or if the person who escapes 
131.5   is in lawful custody on an allegation or adjudication of a 
131.6   delinquent act, to imprisonment for not more than one year or to 
131.7   payment of a fine of not more than $3,000, or both.  
131.8      (b) If the escape was a violation of subdivision 2, clause 
131.9   (1), (2), or (3), and was effected by violence or threat of 
131.10  violence against a person, the sentence may be increased to not 
131.11  more than twice those permitted in paragraph (a), clauses (1) 
131.12  and (3). 
131.13     (c) Unless a concurrent term is specified by the court, a 
131.14  sentence under this section shall be consecutive to any sentence 
131.15  previously imposed or which may be imposed for any crime or 
131.16  offense for which the person was in custody when the person 
131.17  escaped. 
131.18     (d) Notwithstanding paragraph (c), if a person who was 
131.19  committed to the commissioner of corrections under section 
131.20  260B.198 escapes from the custody of the commissioner while 18 
131.21  years of age, the person's sentence under this section shall 
131.22  commence on the person's 19th birthday or on the person's date 
131.23  of discharge by the commissioner of corrections, whichever 
131.24  occurs first.  However, if the person described in this clause 
131.25  is convicted under this section after becoming 19 years old and 
131.26  after having been discharged by the commissioner, the person's 
131.27  sentence shall commence upon imposition by the sentencing court. 
131.28     (e) Notwithstanding paragraph (c), if a person who is in 
131.29  lawful custody on an allegation or adjudication of a delinquent 
131.30  act while 18 years of age escapes from a local juvenile 
131.31  correctional facility, the person's sentence under this section 
131.32  begins on the person's 19th birthday or on the person's date of 
131.33  discharge from the jurisdiction of the juvenile court, whichever 
131.34  occurs first.  However, if the person described in this 
131.35  paragraph is convicted after becoming 19 years old and after 
131.36  discharge from the jurisdiction of the juvenile court, the 
132.1   person's sentence begins upon imposition by the sentencing court.
132.2      (f) Notwithstanding paragraph (a), any person who escapes 
132.3   or absconds from electronic monitoring or removes an electric 
132.4   monitoring device from the person's body is guilty of a crime 
132.5   and shall be sentenced to imprisonment for not more than one 
132.6   year or to a payment of a fine of not more than $3,000, or 
132.7   both.  A person in lawful custody for a violation of section 
132.8   609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 
132.9   609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, 
132.10  or 609.3451 who escapes or absconds from electronic monitoring 
132.11  or removes an electronic monitoring device while under sentence 
132.12  may be sentenced to imprisonment for not more than five years or 
132.13  to a payment of a fine of not more than $10,000, or both. 
132.14     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
132.15  and applies to crimes committed on or after that date. 
132.16     Sec. 25.  Minnesota Statutes 2004, section 609.50, 
132.17  subdivision 1, is amended to read: 
132.18     Subdivision 1.  [CRIME.] Whoever intentionally does any of 
132.19  the following may be sentenced as provided in subdivision 2: 
132.20     (1) obstructs, hinders, or prevents the lawful execution of 
132.21  any legal process, civil or criminal, or apprehension of another 
132.22  on a charge or conviction of a criminal offense; 
132.23     (2) obstructs, resists, or interferes with a peace officer 
132.24  while the officer is engaged in the performance of official 
132.25  duties; 
132.26     (3) interferes with or obstructs the prevention or 
132.27  extinguishing of a fire, or disobeys the lawful order of a 
132.28  firefighter present at the fire while the firefighter is engaged 
132.29  in the performance of official duties; or 
132.30     (4) interferes with or obstructs a member of an ambulance 
132.31  service personnel crew, as defined in section 144E.001, 
132.32  subdivision 3a, who is providing, or attempting to provide, 
132.33  emergency care; or 
132.34     (5) by force or threat of force endeavors to obstruct any 
132.35  employee of the Department of Revenue while the employee is 
132.36  lawfully engaged in the performance of official duties for the 
133.1   purpose of deterring or interfering with the performance of 
133.2   those duties.  
133.3      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
133.4   and applies to crimes committed on or after that date. 
133.5      Sec. 26.  Minnesota Statutes 2004, section 609.527, 
133.6   subdivision 1, is amended to read: 
133.7      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
133.8   the following terms have the meanings given them in this 
133.9   subdivision. 
133.10     (b) "Direct victim" means any person or entity described in 
133.11  section 611A.01, paragraph (b), whose identity has been 
133.12  transferred, used, or possessed in violation of this section. 
133.13     (c) "False pretense" means any false, fictitious, 
133.14  misleading, or fraudulent information or pretense or pretext 
133.15  depicting or including or deceptively similar to the name, logo, 
133.16  Web site address, e-mail address, postal address, telephone 
133.17  number, or any other identifying information of a for-profit or 
133.18  not-for-profit business or organization or of a government 
133.19  agency, to which the user has no legitimate claim of right. 
133.20     (d) "Identity" means any name, number, or data transmission 
133.21  that may be used, alone or in conjunction with any other 
133.22  information, to identify a specific individual or entity, 
133.23  including any of the following: 
133.24     (1) a name, Social Security number, date of birth, official 
133.25  government-issued driver's license or identification number, 
133.26  government passport number, or employer or taxpayer 
133.27  identification number; 
133.28     (2) unique electronic identification number, address, 
133.29  account number, or routing code; or 
133.30     (3) telecommunication identification information or access 
133.31  device. 
133.32     (d) (e) "Indirect victim" means any person or entity 
133.33  described in section 611A.01, paragraph (b), other than a direct 
133.34  victim. 
133.35     (e) (f) "Loss" means value obtained, as defined in section 
133.36  609.52, subdivision 1, clause (3), and expenses incurred by a 
134.1   direct or indirect victim as a result of a violation of this 
134.2   section. 
134.3      (f) (g) "Unlawful activity" means: 
134.4      (1) any felony violation of the laws of this state or any 
134.5   felony violation of a similar law of another state or the United 
134.6   States; and 
134.7      (2) any nonfelony violation of the laws of this state 
134.8   involving theft, theft by swindle, forgery, fraud, or giving 
134.9   false information to a public official, or any nonfelony 
134.10  violation of a similar law of another state or the United States.
134.11     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
134.12  and applies to crimes committed on or after that date.  
134.13     Sec. 27.  Minnesota Statutes 2004, section 609.527, 
134.14  subdivision 3, is amended to read: 
134.15     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
134.16  may be sentenced as follows: 
134.17     (1) if the offense involves a single direct victim and the 
134.18  total, combined loss to the direct victim and any indirect 
134.19  victims is $250 or less, the person may be sentenced as provided 
134.20  in section 609.52, subdivision 3, clause (5); 
134.21     (2) if the offense involves a single direct victim and the 
134.22  total, combined loss to the direct victim and any indirect 
134.23  victims is more than $250 but not more than $500, the person may 
134.24  be sentenced as provided in section 609.52, subdivision 3, 
134.25  clause (4); 
134.26     (3) if the offense involves two or three direct victims or 
134.27  the total, combined loss to the direct and indirect victims is 
134.28  more than $500 but not more than $2,500, the person may be 
134.29  sentenced as provided in section 609.52, subdivision 3, clause 
134.30  (3); 
134.31     (4) if the offense involves more than three but not more 
134.32  than seven direct victims, or if the total combined loss to the 
134.33  direct and indirect victims is more than $2,500, the person may 
134.34  be sentenced as provided in section 609.52, subdivision 3, 
134.35  clause (2); and 
134.36     (5) if the offense involves eight or more direct victims,; 
135.1   or if the total, combined loss to the direct and indirect 
135.2   victims is more than $35,000,; or if the offense is related to 
135.3   possession or distribution of pornographic work in violation of 
135.4   section 617.246 or 617.247; the person may be sentenced as 
135.5   provided in section 609.52, subdivision 3, clause (1). 
135.6      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
135.7   and applies to crimes committed on or after that date.  
135.8      Sec. 28.  Minnesota Statutes 2004, section 609.527, 
135.9   subdivision 4, is amended to read: 
135.10     Subd. 4.  [RESTITUTION; ITEMS PROVIDED TO VICTIM.] (a) A 
135.11  direct or indirect victim of an identity theft crime shall be 
135.12  considered a victim for all purposes, including any rights that 
135.13  accrue under chapter 611A and rights to court-ordered 
135.14  restitution. 
135.15     (b) Upon the written request of a direct victim or the 
135.16  prosecutor setting forth with specificity the facts and 
135.17  circumstances of the offense in a proposed order, the court 
135.18  shall provide to the victim, without cost, a certified copy of 
135.19  the complaint filed in the matter, the judgment of conviction, 
135.20  and an order setting forth the facts and circumstances of the 
135.21  offense. 
135.22     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
135.23  and applies to crimes committed on or after that date.  
135.24     Sec. 29.  Minnesota Statutes 2004, section 609.527, is 
135.25  amended by adding a subdivision to read: 
135.26     Subd. 5a.  [CRIME OF ELECTRONIC USE OF FALSE PRETENSE TO 
135.27  OBTAIN IDENTITY.] (a) A person who, with intent to obtain the 
135.28  identity of another, uses a false pretense in an e-mail to 
135.29  another person or in a Web page, electronic communication, 
135.30  advertisement, or any other communication on the Internet, is 
135.31  guilty of a crime. 
135.32     (b) Whoever commits such offense may be sentenced to 
135.33  imprisonment for not more than five years or to payment of a 
135.34  fine of not more than $10,000, or both. 
135.35     (c) In a prosecution under this subdivision, it is not a 
135.36  defense that: 
136.1      (1) the person committing the offense did not obtain the 
136.2   identity of another; 
136.3      (2) the person committing the offense did not use the 
136.4   identity; or 
136.5      (3) the offense did not result in financial loss or any 
136.6   other loss to any person. 
136.7      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
136.8   and applies to crimes committed on or after that date.  
136.9      Sec. 30.  Minnesota Statutes 2004, section 609.527, 
136.10  subdivision 6, is amended to read: 
136.11     Subd. 6.  [VENUE.] Notwithstanding anything to the contrary 
136.12  in section 627.01, an offense committed under subdivision 2 or 
136.13  5a may be prosecuted in: 
136.14     (1) the county where the offense occurred; or 
136.15     (2) the county of residence or place of business of the 
136.16  direct victim or indirect victim; or 
136.17     (3) in the case of a violation of subdivision 5a, the 
136.18  county or place of residence of the person whose identity was 
136.19  obtained or sought. 
136.20     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
136.21  and applies to crimes committed on or after that date.  
136.22     Sec. 31.  Minnesota Statutes 2004, section 609.531, 
136.23  subdivision 1, is amended to read: 
136.24     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
136.25  609.531 to 609.5318, the following terms have the meanings given 
136.26  them.  
136.27     (a) "Conveyance device" means a device used for 
136.28  transportation and includes, but is not limited to, a motor 
136.29  vehicle, trailer, snowmobile, airplane, and vessel and any 
136.30  equipment attached to it.  The term "conveyance device" does not 
136.31  include property which is, in fact, itself stolen or taken in 
136.32  violation of the law.  
136.33     (b) "Weapon used" means a dangerous weapon as defined under 
136.34  section 609.02, subdivision 6, that the actor used or had in 
136.35  possession in furtherance of a crime.  
136.36     (c) "Property" means property as defined in section 609.52, 
137.1   subdivision 1, clause (1).  
137.2      (d) "Contraband" means property which is illegal to possess 
137.3   under Minnesota law.  
137.4      (e) "Appropriate agency" means the Bureau of Criminal 
137.5   Apprehension, the Minnesota Division of Driver and Vehicle 
137.6   Services, the Minnesota State Patrol, a county sheriff's 
137.7   department, the Suburban Hennepin Regional Park District park 
137.8   rangers, the Department of Natural Resources Division of 
137.9   Enforcement, the University of Minnesota Police Department, or a 
137.10  city or airport police department.  
137.11     (f) "Designated offense" includes:  
137.12     (1) for weapons used:  any violation of this chapter, 
137.13  chapter 152, or chapter 624; 
137.14     (2) for driver's license or identification card 
137.15  transactions:  any violation of section 171.22; and 
137.16     (3) for all other purposes:  a felony violation of, or a 
137.17  felony-level attempt or conspiracy to violate, section 325E.17; 
137.18  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
137.19  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282; 
137.20  609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 
137.21  609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 
137.22  1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, 
137.23  clauses (a) to (e), and (h) to (j); 609.42; 609.425; 609.466; 
137.24  609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 
137.25  609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 
137.26  609.595; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 
137.27  3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 
137.28  609.89; 609.893; 609.895; 617.246; or a gross misdemeanor or 
137.29  felony violation of section 609.891 or 624.7181; or any 
137.30  violation of section 609.324. 
137.31     (g) "Controlled substance" has the meaning given in section 
137.32  152.01, subdivision 4.  
137.33     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
137.34  and applies to crimes committed on or after that date.  
137.35     Sec. 32.  Minnesota Statutes 2004, section 609.5315, 
137.36  subdivision 1, is amended to read: 
138.1      Subdivision 1.  [DISPOSITION.] (a) Subject to paragraph 
138.2   (b), if the court finds under section 609.5313, 609.5314, or 
138.3   609.5318 that the property is subject to forfeiture, it shall 
138.4   order the appropriate agency to do one of the following: 
138.5      (1) unless a different disposition is provided under clause 
138.6   (3) or (4), either destroy firearms, ammunition, and firearm 
138.7   accessories that the agency decides not to use for law 
138.8   enforcement purposes under clause (8), or sell them to federally 
138.9   licensed firearms dealers, as defined in section 624.7161, 
138.10  subdivision 1, and distribute the proceeds under subdivision 
138.11  5 or 5b; 
138.12     (2) sell property that is not required to be destroyed by 
138.13  law and is not harmful to the public and distribute the proceeds 
138.14  under subdivision 5 or 5b; 
138.15     (3) sell antique firearms, as defined in section 624.712, 
138.16  subdivision 3, to the public and distribute the proceeds under 
138.17  subdivision 5 or 5b; 
138.18     (4) destroy or use for law enforcement purposes 
138.19  semiautomatic military-style assault weapons, as defined in 
138.20  section 624.712, subdivision 7; 
138.21     (5) take custody of the property and remove it for 
138.22  disposition in accordance with law; 
138.23     (6) forward the property to the federal drug enforcement 
138.24  administration; 
138.25     (7) disburse money as provided under subdivision 5 or 5b; 
138.26  or 
138.27     (8) keep property other than money for official use by the 
138.28  agency and the prosecuting agency. 
138.29     (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 
138.30  county sheriff may not sell firearms, ammunition, or firearms 
138.31  accessories if the policy is disapproved by the applicable 
138.32  county board. 
138.33     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
138.34  and applies to crimes committed on or after that date.  
138.35     Sec. 33.  Minnesota Statutes 2004, section 609.5315, is 
138.36  amended by adding a subdivision to read: 
139.1      Subd. 5b.  [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 
139.2   TRAFFICKING OF PERSONS; REPORT REQUIRED.] (a) For forfeitures 
139.3   resulting from violations of section 609.282, 609.283, or 
139.4   609.322, the money or proceeds from the sale of forfeited 
139.5   property, after payment of seizure, storage, forfeiture, and 
139.6   sale expenses, and satisfaction of valid liens against the 
139.7   property, must be distributed as follows: 
139.8      (1) 40 percent of the proceeds must be forwarded to the 
139.9   appropriate agency for deposit as a supplement to the agency's 
139.10  operating fund or similar fund for use in law enforcement; 
139.11     (2) 20 percent of the proceeds must be forwarded to the 
139.12  county attorney or other prosecuting agency that handled the 
139.13  forfeiture for deposit as a supplement to its operating fund or 
139.14  similar fund for prosecutorial purposes; and 
139.15     (3) the remaining 40 percent of the proceeds must be 
139.16  forwarded to the commissioner of public safety and are 
139.17  appropriated to the commissioner for distribution to crime 
139.18  victims services organizations that provide services to victims 
139.19  of trafficking offenses. 
139.20     (b) By February 15 of each year, the commissioner of public 
139.21  safety shall report to the chairs and ranking minority members 
139.22  of the senate and house committees or divisions having 
139.23  jurisdiction over criminal justice funding on the money 
139.24  collected under paragraph (a), clause (3).  The report must 
139.25  indicate the following relating to the preceding calendar year: 
139.26     (1) the amount of money appropriated to the commissioner; 
139.27     (2) how the money was distributed by the commissioner; and 
139.28     (3) what the organizations that received the money did with 
139.29  it.  
139.30     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
139.31  and applies to crimes committed on or after that date.  
139.32     Sec. 34.  Minnesota Statutes 2004, section 609.746, 
139.33  subdivision 1, is amended to read: 
139.34     Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
139.35  DEVICE.] (a) A person is guilty of a gross misdemeanor who: 
139.36     (1) enters upon another's property; 
140.1      (2) surreptitiously gazes, stares, or peeps in the window 
140.2   or any other aperture of a house or place of dwelling of 
140.3   another; and 
140.4      (3) does so with intent to intrude upon or interfere with 
140.5   the privacy of a member of the household. 
140.6      (b) A person is guilty of a gross misdemeanor who: 
140.7      (1) enters upon another's property; 
140.8      (2) surreptitiously installs or uses any device for 
140.9   observing, photographing, recording, amplifying, or broadcasting 
140.10  sounds or events through the window or any other aperture of a 
140.11  house or place of dwelling of another; and 
140.12     (3) does so with intent to intrude upon or interfere with 
140.13  the privacy of a member of the household. 
140.14     (c) A person is guilty of a gross misdemeanor who: 
140.15     (1) surreptitiously gazes, stares, or peeps in the window 
140.16  or other aperture of a sleeping room in a hotel, as defined in 
140.17  section 327.70, subdivision 3, a tanning booth, or other place 
140.18  where a reasonable person would have an expectation of privacy 
140.19  and has exposed or is likely to expose their intimate parts, as 
140.20  defined in section 609.341, subdivision 5, or the clothing 
140.21  covering the immediate area of the intimate parts; and 
140.22     (2) does so with intent to intrude upon or interfere with 
140.23  the privacy of the occupant. 
140.24     (d) A person is guilty of a gross misdemeanor who: 
140.25     (1) surreptitiously installs or uses any device for 
140.26  observing, photographing, recording, amplifying, or broadcasting 
140.27  sounds or events through the window or other aperture of a 
140.28  sleeping room in a hotel, as defined in section 327.70, 
140.29  subdivision 3, a tanning booth, or other place where a 
140.30  reasonable person would have an expectation of privacy and has 
140.31  exposed or is likely to expose their intimate parts, as defined 
140.32  in section 609.341, subdivision 5, or the clothing covering the 
140.33  immediate area of the intimate parts; and 
140.34     (2) does so with intent to intrude upon or interfere with 
140.35  the privacy of the occupant. 
140.36     (e) A person is guilty of a gross misdemeanor felony and 
141.1   may be sentenced to imprisonment for not more than two years or 
141.2   to payment of a fine of not more than $5,000, or both, if the 
141.3   person: 
141.4      (1) violates this subdivision after a previous conviction 
141.5   under this subdivision or section 609.749; or 
141.6      (2) violates this subdivision against a minor under the age 
141.7   of 16 18, knowing or having reason to know that the minor is 
141.8   present. 
141.9      (f) Paragraphs (b) and (d) do not apply to law enforcement 
141.10  officers or corrections investigators, or to those acting under 
141.11  their direction, while engaged in the performance of their 
141.12  lawful duties.  Paragraphs (c) and (d) do not apply to conduct 
141.13  in:  (1) a medical facility; or (2) a commercial establishment 
141.14  if the owner of the establishment has posted conspicuous signs 
141.15  warning that the premises are under surveillance by the owner or 
141.16  the owner's employees. 
141.17     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
141.18  and applies to crimes committed on or after that date. 
141.19     Sec. 35.  Minnesota Statutes 2004, section 609.748, 
141.20  subdivision 2, is amended to read: 
141.21     Subd. 2.  [RESTRAINING ORDER; JURISDICTION.] A person who 
141.22  is a victim of harassment may seek a restraining order from the 
141.23  district court in the manner provided in this section.  The 
141.24  parent or, guardian, or stepparent of a minor who is a victim of 
141.25  harassment may seek a restraining order from the district court 
141.26  on behalf of the minor.  
141.27     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
141.28     Sec. 36.  Minnesota Statutes 2004, section 609.748, 
141.29  subdivision 3a, is amended to read: 
141.30     Subd. 3a.  [FILING FEE; COST OF SERVICE.] The filing fees 
141.31  for a restraining order under this section are waived for the 
141.32  petitioner if the petition alleges acts that would constitute a 
141.33  violation of section 609.749, subdivision 2 or 3, or sections 
141.34  609.342 to 609.3451.  The court administrator and the sheriff of 
141.35  any county in this state shall perform their duties relating to 
141.36  service of process without charge to the petitioner.  The court 
142.1   shall direct payment of the reasonable costs of service of 
142.2   process if served by a private process server when the sheriff 
142.3   is unavailable or if service is made by publication.  The court 
142.4   may direct a respondent to pay to the court administrator the 
142.5   petitioner's filing fees and reasonable costs of service of 
142.6   process if the court determines that the respondent has the 
142.7   ability to pay the petitioner's fees and costs. 
142.8      [EFFECTIVE DATE.] This section is effective July 1, 2005.  
142.9      Sec. 37.  Minnesota Statutes 2004, section 609.749, 
142.10  subdivision 2, is amended to read: 
142.11     Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
142.12  who harasses another by committing any of the following acts is 
142.13  guilty of a gross misdemeanor: 
142.14     (1) directly or indirectly manifests a purpose or intent to 
142.15  injure the person, property, or rights of another by the 
142.16  commission of an unlawful act; 
142.17     (2) stalks, follows, monitors, or pursues another, whether 
142.18  in person or through technological or other means; 
142.19     (3) returns to the property of another if the actor is 
142.20  without claim of right to the property or consent of one with 
142.21  authority to consent; 
142.22     (4) repeatedly makes telephone calls, or induces a victim 
142.23  to make telephone calls to the actor, whether or not 
142.24  conversation ensues; 
142.25     (5) makes or causes the telephone of another repeatedly or 
142.26  continuously to ring; 
142.27     (6) repeatedly mails or delivers or causes the delivery by 
142.28  any means, including electronically, of letters, telegrams, 
142.29  messages, packages, or other objects; or 
142.30     (7) knowingly makes false allegations against a peace 
142.31  officer concerning the officer's performance of official duties 
142.32  with intent to influence or tamper with the officer's 
142.33  performance of official duties. 
142.34     (b) The conduct described in paragraph (a), clauses (4) and 
142.35  (5), may be prosecuted at the place where any call is either 
142.36  made or received or, additionally in the case of wireless or 
143.1   electronic communication, where the actor or victim resides.  
143.2   The conduct described in paragraph (a), clause (2), may be 
143.3   prosecuted where the actor or victim resides.  The conduct 
143.4   described in paragraph (a), clause (6), may be prosecuted where 
143.5   any letter, telegram, message, package, or other object is 
143.6   either sent or received or, additionally in the case of wireless 
143.7   or electronic communication, where the actor or victim resides. 
143.8      (c) A peace officer may not make a warrantless, custodial 
143.9   arrest of any person for a violation of paragraph (a), clause 
143.10  (7). 
143.11     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
143.12  and applies to crimes committed on or after that date.  
143.13     Sec. 38.  Minnesota Statutes 2004, section 609.79, 
143.14  subdivision 2, is amended to read: 
143.15     Subd. 2.  [VENUE.] The offense may be prosecuted either at 
143.16  the place where the call is made or where it is received or, 
143.17  additionally in the case of wireless or electronic 
143.18  communication, where the sender or receiver resides.  
143.19     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
143.20  and applies to crimes committed on or after that date.  
143.21     Sec. 39.  Minnesota Statutes 2004, section 609.795, is 
143.22  amended by adding a subdivision to read: 
143.23     Subd. 3.  [VENUE.] The offense may be prosecuted either at 
143.24  the place where the letter, telegram, or package is sent or 
143.25  received or, alternatively in the case of wireless electronic 
143.26  communication, where the sender or receiver resides. 
143.27     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
143.28  and applies to crimes committed on or after that date.  
143.29     Sec. 40.  Minnesota Statutes 2004, section 628.26, is 
143.30  amended to read: 
143.31     628.26 [LIMITATIONS.] 
143.32     (a) Indictments or complaints for any crime resulting in 
143.33  the death of the victim may be found or made at any time after 
143.34  the death of the person killed.  
143.35     (b) Indictments or complaints for a violation of section 
143.36  609.25 may be found or made at any time after the commission of 
144.1   the offense. 
144.2      (c) Indictments or complaints for violation of section 
144.3   609.282 may be found or made at any time after the commission of 
144.4   the offense if the victim was under the age of 18 at the time of 
144.5   the offense.  
144.6      (d) Indictments or complaints for violation of section 
144.7   609.282 where the victim was 18 years of age or older at the 
144.8   time of the offense, or 609.42, subdivision 1, clause (1) or 
144.9   (2), shall be found or made and filed in the proper court within 
144.10  six years after the commission of the offense.  
144.11     (d) (e) Indictments or complaints for violation of sections 
144.12  609.342 to 609.345 if the victim was under the age of 18 years 
144.13  at the time the offense was committed, shall be found or made 
144.14  and filed in the proper court within nine years after the 
144.15  commission of the offense or, if the victim failed to report the 
144.16  offense within this limitation period, within three years after 
144.17  the offense was reported to law enforcement authorities. 
144.18     (e) (f) Notwithstanding the limitations in paragraph 
144.19  (d) (e), indictments or complaints for violation of sections 
144.20  609.342 to 609.344 may be found or made and filed in the proper 
144.21  court at any time after commission of the offense, if physical 
144.22  evidence is collected and preserved that is capable of being 
144.23  tested for its DNA characteristics.  If this evidence is not 
144.24  collected and preserved and the victim was 18 years old or older 
144.25  at the time of the offense, the prosecution must be commenced 
144.26  within nine years after the commission of the offense. 
144.27     (f) (g) Indictments or complaints for violation of sections 
144.28  609.466 and 609.52, subdivision 2, clause (3), item (iii), shall 
144.29  be found or made and filed in the proper court within six years 
144.30  after the commission of the offense. 
144.31     (g) (h) Indictments or complaints for violation of section 
144.32  609.52, subdivision 2, clause (3), items (i) and (ii), (4), 
144.33  (15), or (16), 609.631, or 609.821, where the value of the 
144.34  property or services stolen is more than $35,000, shall be found 
144.35  or made and filed in the proper court within five years after 
144.36  the commission of the offense. 
145.1      (h) (i) Except for violations relating to false material 
145.2   statements, representations or omissions, indictments or 
145.3   complaints for violations of section 609.671 shall be found or 
145.4   made and filed in the proper court within five years after the 
145.5   commission of the offense.  
145.6      (i) (j) Indictments or complaints for violation of sections 
145.7   609.561 to 609.563, shall be found or made and filed in the 
145.8   proper court within five years after the commission of the 
145.9   offense. 
145.10     (j) (k) In all other cases, indictments or complaints shall 
145.11  be found or made and filed in the proper court within three 
145.12  years after the commission of the offense. 
145.13     (k) (l) The limitations periods contained in this section 
145.14  shall exclude any period of time during which the defendant was 
145.15  not an inhabitant of or usually resident within this state. 
145.16     (l) (m) The limitations periods contained in this section 
145.17  for an offense shall not include any period during which the 
145.18  alleged offender participated under a written agreement in a 
145.19  pretrial diversion program relating to that offense. 
145.20     (m) (n) The limitations periods contained in this section 
145.21  shall not include any period of time during which physical 
145.22  evidence relating to the offense was undergoing DNA analysis, as 
145.23  defined in section 299C.155, unless the defendant demonstrates 
145.24  that the prosecuting or law enforcement agency purposefully 
145.25  delayed the DNA analysis process in order to gain an unfair 
145.26  advantage. 
145.27     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
145.28  and applies to crimes committed on or after that date.  
145.29     Sec. 41.  [CERTAIN MINNESOTA SENTENCING GUIDELINES 
145.30  COMMISSION RECOMMENDATIONS ADOPTED; OTHERS REJECTED.] 
145.31     The following modifications proposed by the Minnesota 
145.32  Sentencing Guidelines Commission in its January 2005 report to 
145.33  the legislature are adopted and take effect on August 1, 2005:  
145.34     (1) those described as "I.  Modifications Related to 
145.35  Blakely Decision" on pages 11 to 18 of the report; and 
145.36     (2) those described as "II.  Other Adopted Modifications" 
146.1   on page 19 of the report.  
146.2      The modifications described as "III.  Adopted Modifications 
146.3   Related to Sex Offenses" on pages 20 to 42 of the report are 
146.4   rejected and do not go into effect.  
146.5      [EFFECTIVE DATE.] This section is effective the day 
146.6   following final enactment. 
146.7      Sec. 42.  [REPEALER.] 
146.8      Minnesota Statutes 2004, section 609.725, is repealed.  
146.9      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
146.10  and applies to crimes committed on or after that date. 
146.11                             ARTICLE 8 
146.12             911 EMERGENCY TELECOMMUNICATIONS SERVICES 
146.13     Section 1.  [237.491] [COMBINED PER NUMBER FEE.] 
146.14     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
146.15  subdivision apply to this section. 
146.16     (b) "911 emergency and public safety communications program"
146.17  means the program governed by chapter 403. 
146.18     (c) "Minnesota telephone number" means a ten-digit 
146.19  telephone number being used to connect to the public switched 
146.20  telephone network and starting with area code 218, 320, 507, 
146.21  612, 651, 763, or 952, or any subsequent area code assigned to 
146.22  this state. 
146.23     (d) "Service provider" means a provider doing business in 
146.24  this state who provides real time, two-way voice service with a 
146.25  Minnesota telephone number.  
146.26     (e) "Telecommunications access Minnesota program" means the 
146.27  program governed by sections 237.50 to 237.55. 
146.28     (f) "Telephone assistance program" means the program 
146.29  governed by sections 237.69 to 237.711. 
146.30     Subd. 2.  [PER NUMBER FEE.] (a) By January 15, 2006, the 
146.31  commissioner of commerce shall report to the legislature and to 
146.32  the senate Committee on Jobs, Energy, and Community Development 
146.33  and the house Committee on Regulated Industries, recommendations 
146.34  for the amount of and method for assessing a fee that would 
146.35  apply to each service provider based upon the number of 
146.36  Minnesota telephone numbers in use by current customers of the 
147.1   service provider.  The fee would be set at a level calculated to 
147.2   generate only the amount of revenue necessary to fund: 
147.3      (1) the telephone assistance program and the 
147.4   telecommunications access Minnesota program at the levels 
147.5   established by the commission under sections 237.52, subdivision 
147.6   2, and 237.70; and 
147.7      (2) the 911 emergency and public safety communications 
147.8   program at the levels appropriated by law to the commissioner of 
147.9   public safety and the commissioner of finance for purposes of 
147.10  sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each 
147.11  fiscal year. 
147.12     (b) The recommendations must include any changes to 
147.13  Minnesota Statutes necessary to establish the procedures whereby 
147.14  each service provider, to the extent allowed under federal law, 
147.15  would collect and remit the fee proceeds to the commissioner of 
147.16  revenue.  The commissioner of revenue would allocate the fee 
147.17  proceeds to the three funding areas in paragraph (a) and credit 
147.18  the allocations to the appropriate accounts. 
147.19     (c) The recommendations must be designed to allow the 
147.20  combined per telephone number fee to be collected beginning July 
147.21  1, 2006.  The per access line fee used to collect revenues to 
147.22  support the TAP, TAM, and 911 programs remains in effect until 
147.23  the statutory changes necessary to implement the per telephone 
147.24  number fee have been enacted into law and taken effect.  
147.25     (d) As part of the process of developing the 
147.26  recommendations and preparing the report to the legislature 
147.27  required under paragraph (a), the commissioner of commerce must, 
147.28  at a minimum, consult regularly with the Departments of Public 
147.29  Safety, Finance, and Administration, the Public Utilities 
147.30  Commission, service providers, the chairs and ranking minority 
147.31  members of the senate and house committees, subcommittees, and 
147.32  divisions having jurisdiction over telecommunications and public 
147.33  safety, and other affected parties. 
147.34     Sec. 2.  Minnesota Statutes 2004, section 237.70, 
147.35  subdivision 7, is amended to read: 
147.36     Subd. 7.  [APPLICATION, NOTICE, FINANCIAL ADMINISTRATION, 
148.1   COMPLAINT INVESTIGATION.] The telephone assistance plan must be 
148.2   administered jointly by the commission, the Department of 
148.3   Commerce, and the local service providers in accordance with the 
148.4   following guidelines: 
148.5      (a) The commission and the Department of Commerce shall 
148.6   develop an application form that must be completed by the 
148.7   subscriber for the purpose of certifying eligibility for 
148.8   telephone assistance plan credits to the local service 
148.9   provider.  The application must contain the applicant's Social 
148.10  Security number.  Applicants who refuse to provide a Social 
148.11  Security number will be denied telephone assistance plan 
148.12  credits.  The application form must also include a statement 
148.13  that the applicant household is currently eligible for one of 
148.14  the programs that confers eligibility for the federal Lifeline 
148.15  Program.  The application must be signed by the applicant, 
148.16  certifying, under penalty of perjury, that the information 
148.17  provided by the applicant is true. 
148.18     (b) Each local service provider shall annually mail a 
148.19  notice of the availability of the telephone assistance plan to 
148.20  each residential subscriber in a regular billing and shall mail 
148.21  the application form to customers when requested.  
148.22     The notice must state the following: 
148.23     YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 
148.24  BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE 
148.25  PROGRAMS.  FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE 
148.26  CONTACT ......... 
148.27     (c) An application may be made by the subscriber, the 
148.28  subscriber's spouse, or a person authorized by the subscriber to 
148.29  act on the subscriber's behalf.  On completing the application 
148.30  certifying that the statutory criteria for eligibility are 
148.31  satisfied, the applicant must return the application to the 
148.32  subscriber's local service provider.  On receiving a completed 
148.33  application from an applicant, the subscriber's local service 
148.34  provider shall provide telephone assistance plan credits against 
148.35  monthly charges in the earliest possible month following receipt 
148.36  of the application.  The applicant must receive telephone 
149.1   assistance plan credits until the earliest possible month 
149.2   following the service provider's receipt of information that the 
149.3   applicant is ineligible. 
149.4   If the telephone assistance plan credit is not itemized on the 
149.5   subscriber's monthly charges bill for local telephone service, 
149.6   the local service provider must notify the subscriber of the 
149.7   approval for the telephone assistance plan credit. 
149.8      (d) The commission shall serve as the coordinator of the 
149.9   telephone assistance plan and be reimbursed for its 
149.10  administrative expenses from the surcharge revenue pool.  As the 
149.11  coordinator, the commission shall: 
149.12     (1) establish a uniform statewide surcharge in accordance 
149.13  with subdivision 6; 
149.14     (2) establish a uniform statewide level of telephone 
149.15  assistance plan credit that each local service provider shall 
149.16  extend to each eligible household in its service area; 
149.17     (3) require each local service provider to account to the 
149.18  commission on a periodic basis for surcharge revenues collected 
149.19  by the provider, expenses incurred by the provider, not to 
149.20  include expenses of collecting surcharges, and credits extended 
149.21  by the provider under the telephone assistance plan; 
149.22     (4) require each local service provider to remit surcharge 
149.23  revenues to the Department of Administration Public Safety for 
149.24  deposit in the fund; and 
149.25     (5) remit to each local service provider from the surcharge 
149.26  revenue pool the amount necessary to compensate the provider for 
149.27  expenses, not including expenses of collecting the surcharges, 
149.28  and telephone assistance plan credits.  When it appears that the 
149.29  revenue generated by the maximum surcharge permitted under 
149.30  subdivision 6 will be inadequate to fund any particular 
149.31  established level of telephone assistance plan credits, the 
149.32  commission shall reduce the credits to a level that can be 
149.33  adequately funded by the maximum surcharge.  Similarly, the 
149.34  commission may increase the level of the telephone assistance 
149.35  plan credit that is available or reduce the surcharge to a level 
149.36  and for a period of time that will prevent an unreasonable 
150.1   overcollection of surcharge revenues. 
150.2      (e) Each local service provider shall maintain adequate 
150.3   records of surcharge revenues, expenses, and credits related to 
150.4   the telephone assistance plan and shall, as part of its annual 
150.5   report or separately, provide the commission and the Department 
150.6   of Commerce with a financial report of its experience under the 
150.7   telephone assistance plan for the previous year.  That report 
150.8   must also be adequate to satisfy the reporting requirements of 
150.9   the federal matching plan.  
150.10     (f) The Department of Commerce shall investigate complaints 
150.11  against local service providers with regard to the telephone 
150.12  assistance plan and shall report the results of its 
150.13  investigation to the commission.  
150.14     Sec. 3.  Minnesota Statutes 2004, section 403.02, 
150.15  subdivision 7, is amended to read: 
150.16     Subd. 7.  [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic 
150.17  location identification" means the process of electronically 
150.18  identifying and displaying on a special viewing screen the name 
150.19  of the subscriber and the location, where available, of the 
150.20  calling telephone number to a person answering a 911 emergency 
150.21  call. 
150.22     Sec. 4.  Minnesota Statutes 2004, section 403.02, 
150.23  subdivision 13, is amended to read: 
150.24     Subd. 13.  [ENHANCED 911 SERVICE.] "Enhanced 911 service" 
150.25  means the use of selective routing, automatic location 
150.26  identification, or local location identification as part of 
150.27  local 911 service provided by an enhanced 911 system consisting 
150.28  of a common 911 network and database and customer data and 
150.29  network components connecting to the common 911 network and 
150.30  database. 
150.31     Sec. 5.  Minnesota Statutes 2004, section 403.02, 
150.32  subdivision 17, is amended to read: 
150.33     Subd. 17.  [911 SERVICE.] "911 service" means a 
150.34  telecommunications service that automatically connects a person 
150.35  dialing the digits 911 to an established public safety answering 
150.36  point.  911 service includes: 
151.1      (1) equipment for connecting and outswitching 911 calls 
151.2   within a telephone central office, trunking facilities from the 
151.3   central office to a public safety answering point customer data 
151.4   and network components connecting to the common 911 network and 
151.5   database; 
151.6      (2) common 911 network and database equipment, as 
151.7   appropriate, for automatically selectively routing 911 calls in 
151.8   situations where one telephone central office serves more than 
151.9   one to the public safety answering point serving the caller's 
151.10  jurisdiction; and 
151.11     (3) provision of automatic location identification if the 
151.12  public safety answering point has the capability of providing 
151.13  that service. 
151.14     Sec. 6.  Minnesota Statutes 2004, section 403.02, is 
151.15  amended by adding a subdivision to read: 
151.16     Subd. 17a.  [911 EMERGENCY TELECOMMUNICATIONS SERVICE 
151.17  PROVIDER.] "911 emergency telecommunications service provider" 
151.18  means a telecommunications service provider or other entity, 
151.19  determined by the commissioner to be capable of providing 
151.20  effective and efficient components of the 911 system, that 
151.21  provides all or portions of the network and database for 
151.22  automatically selectively routing 911 calls to the public safety 
151.23  answering point serving the caller's jurisdiction. 
151.24     Sec. 7.  Minnesota Statutes 2004, section 403.025, 
151.25  subdivision 3, is amended to read: 
151.26     Subd. 3.  [WIRE-LINE CONNECTED TELECOMMUNICATIONS SERVICE 
151.27  PROVIDER REQUIREMENTS.] Every owner and operator of a 
151.28  wire-line or wireless circuit switched or packet-based 
151.29  telecommunications system connected to the public switched 
151.30  telephone network shall design and maintain the system to dial 
151.31  the 911 number without charge to the caller. 
151.32     Sec. 8.  Minnesota Statutes 2004, section 403.025, 
151.33  subdivision 7, is amended to read: 
151.34     Subd. 7.  [CONTRACTUAL REQUIREMENTS.] (a) The state, 
151.35  together with the county or other governmental agencies 
151.36  operating public safety answering points, shall contract with 
152.1   the appropriate wire-line telecommunications service 
152.2   providers or other entities determined by the commissioner to be 
152.3   capable of providing effective and efficient components of the 
152.4   911 system for the operation, maintenance, enhancement, and 
152.5   expansion of the 911 system. 
152.6      (b) The state shall contract with the appropriate wireless 
152.7   telecommunications service providers for maintaining, enhancing, 
152.8   and expanding the 911 system. 
152.9      (c) The contract language or subsequent amendments to the 
152.10  contract must include a description of the services to be 
152.11  furnished by wireless and wire-line telecommunications service 
152.12  providers to the county or other governmental agencies operating 
152.13  public safety answering points, as well as compensation based on 
152.14  the effective tariff or price list approved by the Public 
152.15  Utilities Commission.  The contract language or subsequent 
152.16  amendments must include the terms of compensation based on the 
152.17  effective tariff or price list filed with the Public Utilities 
152.18  Commission or the prices agreed to by the parties. 
152.19     (d) The contract language or subsequent amendments to 
152.20  contracts between the parties must contain a provision for 
152.21  resolving disputes. 
152.22     Sec. 9.  Minnesota Statutes 2004, section 403.05, 
152.23  subdivision 3, is amended to read: 
152.24     Subd. 3.  [AGREEMENTS FOR SERVICE.] Each county and any 
152.25  other governmental agency shall contract with the state and 
152.26  wire-line telecommunications service providers or other entities 
152.27  determined by the commissioner to be capable of providing 
152.28  effective and efficient components of the 911 system for the 
152.29  recurring and nonrecurring costs associated with operating and 
152.30  maintaining 911 emergency communications systems. 
152.31     Sec. 10.  Minnesota Statutes 2004, section 403.07, 
152.32  subdivision 3, is amended to read: 
152.33     Subd. 3.  [DATABASE.] In 911 systems that have been 
152.34  approved by the commissioner for a local location identification 
152.35  database, each wire-line telecommunications service provider 
152.36  shall provide current customer names, service addresses, and 
153.1   telephone numbers to each public safety answering point within 
153.2   the 911 system and shall update the information according to a 
153.3   schedule prescribed by the county 911 plan.  Information 
153.4   provided under this subdivision must be provided in accordance 
153.5   with the transactional record disclosure requirements of the 
153.6   federal Electronic Communications Privacy Act of 1986 1932, 
153.7   United States Code, title 18 47, section 2703 222, 
153.8   subsection (c), paragraph (1), subparagraph (B)(iv) (g).  
153.9      Sec. 11.  Minnesota Statutes 2004, section 403.08, 
153.10  subdivision 10, is amended to read: 
153.11     Subd. 10.  [PLAN INTEGRATION.] Counties shall incorporate 
153.12  the statewide design when modifying county 911 plans to provide 
153.13  for integrating wireless 911 service into existing county 911 
153.14  systems.  The commissioner shall contract with the involved 
153.15  wireless service providers and 911 emergency telecommunications 
153.16  service providers to integrate cellular and other wireless 
153.17  services into existing 911 systems where feasible. 
153.18     Sec. 12.  Minnesota Statutes 2004, section 403.11, 
153.19  subdivision 1, is amended to read: 
153.20     Subdivision 1.  [EMERGENCY TELECOMMUNICATIONS SERVICE FEE; 
153.21  ACCOUNT.] (a) Each customer of a wireless or wire-line switched 
153.22  or packet-based telecommunications service provider connected to 
153.23  the public switched telephone network that furnishes service 
153.24  capable of originating a 911 emergency telephone call is 
153.25  assessed a fee based upon the number of wired or wireless 
153.26  telephone lines, or their equivalent, to cover the costs of 
153.27  ongoing maintenance and related improvements for trunking and 
153.28  central office switching equipment for 911 emergency 
153.29  telecommunications service, plus administrative and staffing 
153.30  costs of the commissioner related to managing the 911 emergency 
153.31  telecommunications service program.  Recurring charges by a 
153.32  wire-line telecommunications service provider for updating the 
153.33  information required by section 403.07, subdivision 3, must be 
153.34  paid by the commissioner if the wire-line telecommunications 
153.35  service provider is included in an approved 911 plan and the 
153.36  charges are made pursuant to tariff, price list, or contract.  
154.1   The fee assessed under this section must also be used for the 
154.2   purpose of offsetting the costs, including administrative and 
154.3   staffing costs, incurred by the State Patrol Division of the 
154.4   Department of Public Safety in handling 911 emergency calls made 
154.5   from wireless phones.  
154.6      (b) Money remaining in the 911 emergency telecommunications 
154.7   service account after all other obligations are paid must not 
154.8   cancel and is carried forward to subsequent years and may be 
154.9   appropriated from time to time to the commissioner to provide 
154.10  financial assistance to counties for the improvement of local 
154.11  emergency telecommunications services.  The improvements may 
154.12  include providing access to 911 service for telecommunications 
154.13  service subscribers currently without access and upgrading 
154.14  existing 911 service to include automatic number identification, 
154.15  local location identification, automatic location 
154.16  identification, and other improvements specified in revised 
154.17  county 911 plans approved by the commissioner. 
154.18     (c) The fee may not be less than eight cents nor more than 
154.19  40 65 cents a month for each customer access line or other basic 
154.20  access service, including trunk equivalents as designated by the 
154.21  Public Utilities Commission for access charge purposes and 
154.22  including wireless telecommunications services.  With the 
154.23  approval of the commissioner of finance, the commissioner of 
154.24  public safety shall establish the amount of the fee within the 
154.25  limits specified and inform the companies and carriers of the 
154.26  amount to be collected.  When the revenue bonds authorized under 
154.27  section 403.27, subdivision 1, have been fully paid or defeased, 
154.28  the commissioner shall reduce the fee to reflect that debt 
154.29  service on the bonds is no longer needed.  The commissioner 
154.30  shall provide companies and carriers a minimum of 45 days' 
154.31  notice of each fee change.  The fee must be the same for all 
154.32  customers.  
154.33     (d) The fee must be collected by each wireless or wire-line 
154.34  telecommunications service provider subject to the fee.  Fees 
154.35  are payable to and must be submitted to the commissioner monthly 
154.36  before the 25th of each month following the month of collection, 
155.1   except that fees may be submitted quarterly if less than $250 a 
155.2   month is due, or annually if less than $25 a month is due.  
155.3   Receipts must be deposited in the state treasury and credited to 
155.4   a 911 emergency telecommunications service account in the 
155.5   special revenue fund.  The money in the account may only be used 
155.6   for 911 telecommunications services. 
155.7      (e) This subdivision does not apply to customers of 
155.8   interexchange carriers. 
155.9      (f) The installation and recurring charges for integrating 
155.10  wireless 911 calls into enhanced 911 systems must be paid by the 
155.11  commissioner if the 911 service provider is included in the 
155.12  statewide design plan and the charges are made pursuant to 
155.13  tariff, price list, or contract. 
155.14     (g) Notwithstanding any provision of this chapter to the 
155.15  contrary, the commissioner need not contract for or agree to pay 
155.16  for any services that a wire-line or wireless telecommunication 
155.17  service provider is required by federal law or federal 
155.18  regulation to provide. 
155.19     Sec. 13.  Minnesota Statutes 2004, section 403.11, 
155.20  subdivision 3, is amended to read: 
155.21     Subd. 3.  [METHOD OF PAYMENT.] (a) Any wireless or 
155.22  wire-line telecommunications service provider incurring 
155.23  reimbursable costs under subdivision 1 shall submit an invoice 
155.24  itemizing rate elements by county or service area to the 
155.25  commissioner for 911 services furnished under tariff, price 
155.26  list, or contract.  Any wireless or wire-line telecommunications 
155.27  service provider is eligible to receive payment for 911 services 
155.28  rendered according to the terms and conditions specified in the 
155.29  contract.  Competitive local exchange carriers holding 
155.30  certificates of authority from the Public Utilities Commission 
155.31  are eligible to receive payment for recurring 911 services 
155.32  provided after July 1, 2001.  The commissioner shall pay the 
155.33  invoice within 30 days following receipt of the invoice unless 
155.34  the commissioner notifies the service provider that the 
155.35  commissioner disputes the invoice.  
155.36     (b) The commissioner shall estimate the amount required to 
156.1   reimburse 911 emergency telecommunications service providers and 
156.2   wireless and wire-line telecommunications service providers for 
156.3   the state's obligations under subdivision 1 and the governor 
156.4   shall include the estimated amount in the biennial budget 
156.5   request.  
156.6      Sec. 14.  Minnesota Statutes 2004, section 403.11, 
156.7   subdivision 3a, is amended to read: 
156.8      Subd. 3a.  [TIMELY CERTIFICATION.] A certification must be 
156.9   submitted to the commissioner no later than two years one year 
156.10  after commencing a new or additional eligible 911 service.  Any 
156.11  wireless or wire-line telecommunications service provider 
156.12  incurring reimbursable costs under this section at any time 
156.13  before January 1, 2003, may certify those costs for payment to 
156.14  the commissioner according to this section for a period of 90 
156.15  days after January 1, 2003.  During this period, the 
156.16  commissioner shall reimburse any wireless or wire-line 
156.17  telecommunications service provider for approved, certified 
156.18  costs without regard to any contrary provision of this 
156.19  subdivision Each applicable contract must provide that, if 
156.20  certified expenses under the contract deviate from estimates in 
156.21  the contract by more than ten percent, the commissioner may 
156.22  reduce the level of service without incurring any termination 
156.23  fees. 
156.24     Sec. 15.  Minnesota Statutes 2004, section 403.113, 
156.25  subdivision 1, is amended to read: 
156.26     Subdivision 1.  [FEE.] (a) Each customer receiving service 
156.27  from a wireless or wire-line switched or packet-based 
156.28  telecommunications service provider connected to the public 
156.29  telephone network that furnishes service capable of originating 
156.30  a 911 emergency telephone call is assessed a fee to fund 
156.31  implementation, operation, maintenance, enhancement, and 
156.32  expansion of enhanced 911 service, including acquisition of 
156.33  necessary equipment and the costs of the commissioner to 
156.34  administer the program.  The actual fee assessed under section 
156.35  403.11 and the enhanced 911 service fee must be collected as one 
156.36  amount and may not exceed the amount specified in section 
157.1   403.11, subdivision 1, paragraph (c). 
157.2      (b) The enhanced 911 service fee must be collected and 
157.3   deposited in the same manner as the fee in section 403.11 and 
157.4   used solely for the purposes of paragraph (a) and subdivision 3. 
157.5      (c) The commissioner, in consultation with counties and 911 
157.6   system users, shall determine the amount of the enhanced 911 
157.7   service fee.  The fee must include at least ten cents per month 
157.8   to be distributed under subdivision 2.  The commissioner shall 
157.9   inform wireless and wire-line telecommunications service 
157.10  providers that provide service capable of originating a 911 
157.11  emergency telephone call of the total amount of the 911 service 
157.12  fees in the same manner as provided in section 403.11. 
157.13     Sec. 16.  Minnesota Statutes 2004, section 403.27, 
157.14  subdivision 1, is amended to read: 
157.15     Subdivision 1.  [AUTHORIZATION.] (a) After consulting with 
157.16  the commissioner of finance, the council, if requested by a vote 
157.17  of at least two-thirds of all of the members of the Metropolitan 
157.18  Radio Board, may, by resolution, authorize the issuance of its 
157.19  revenue bonds for any of the following purposes to: 
157.20     (1) provide funds for regionwide mutual aid and emergency 
157.21  medical services communications; 
157.22     (2) provide funds for the elements of the first phase of 
157.23  the regionwide public safety radio communication system that the 
157.24  board determines are of regionwide benefit and support mutual 
157.25  aid and emergency medical services communication including, but 
157.26  not limited to, costs of master controllers of the backbone; 
157.27     (3) provide money for the second phase of the public safety 
157.28  radio communication system; 
157.29     (4) to the extent money is available after meeting the 
157.30  needs described in clauses (1) to (3), provide money to 
157.31  reimburse local units of government for amounts expended for 
157.32  capital improvements to the first phase system previously paid 
157.33  for by the local government units; or 
157.34     (5) refund bonds issued under this section. 
157.35     (b) After consulting with the commissioner of finance, the 
157.36  council, if requested by a vote of at least two-thirds of all of 
158.1   the members of the Statewide Radio Board, may, by resolution, 
158.2   authorize the issuance of its revenue bonds to provide money for 
158.3   the third phase of the public safety radio communication system. 
158.4      Sec. 17.  Minnesota Statutes 2004, section 403.27, 
158.5   subdivision 3, is amended to read: 
158.6      Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
158.7   bonds issued pursuant to subdivision 1, exclusive of any 
158.8   original issue discount, shall not exceed the amount of 
158.9   $10,000,000 plus the amount the council determines necessary to 
158.10  pay the costs of issuance, fund reserves, debt service, and pay 
158.11  for any bond insurance or other credit enhancement. 
158.12     (b) In addition to the amount authorized under paragraph 
158.13  (a), the council may issue bonds under subdivision 1 in a 
158.14  principal amount of $3,306,300, plus the amount the council 
158.15  determines necessary to pay the cost of issuance, fund reserves, 
158.16  debt service, and any bond insurance or other credit 
158.17  enhancement.  The proceeds of bonds issued under this paragraph 
158.18  may not be used to finance portable or subscriber radio sets. 
158.19     (c) In addition to the amount authorized under paragraphs 
158.20  (a) and (b), the council may issue bonds under subdivision 1 in 
158.21  a principal amount of $18,000,000, plus the amount the council 
158.22  determines necessary to pay the costs of issuance, fund 
158.23  reserves, debt service, and any bond insurance or other credit 
158.24  enhancement.  The proceeds of bonds issued under this paragraph 
158.25  must be used to pay up to 50 percent of the cost to a local 
158.26  government unit of building a subsystem and may not be used to 
158.27  finance portable or subscriber radio sets.  The bond proceeds 
158.28  may be used to make improvements to an existing 800 MHz radio 
158.29  system that will interoperate with the regionwide public safety 
158.30  radio communication system, provided that the improvements 
158.31  conform to the board's plan and technical standards.  The 
158.32  council must time the sale and issuance of the bonds so that the 
158.33  debt service on the bonds can be covered by the additional 
158.34  revenue that will become available in the fiscal year ending 
158.35  June 30, 2005, generated under section 403.11 and appropriated 
158.36  under section 403.30.  
159.1      (d) In addition to the amount authorized under paragraphs 
159.2   (a) to (c), the council may issue bonds under subdivision 1 in a 
159.3   principal amount of up to $27,000,000, plus the amount the 
159.4   council determines necessary to pay the costs of issuance, fund 
159.5   reserves, debt service, and any bond insurance or other credit 
159.6   enhancement.  The proceeds of bonds issued under this paragraph 
159.7   are appropriated to the commissioner of public safety for phase 
159.8   three of the public safety radio communication system.  In 
159.9   anticipation of the receipt by the commissioner of public safety 
159.10  of the bond proceeds, the Metropolitan Radio Board may advance 
159.11  money from its operating appropriation to the commissioner of 
159.12  public safety to pay for design and preliminary engineering for 
159.13  phase three.  The commissioner of public safety must return 
159.14  these amounts to the Metropolitan Radio Board when the bond 
159.15  proceeds are received. 
159.16     Sec. 18.  [403.275] [STATE 911 REVENUE BONDS.] 
159.17     Subdivision 1.  [BONDING AUTHORITY.] (a) The commissioner 
159.18  of finance, if requested by a vote of at least two-thirds of all 
159.19  the members of the Statewide Radio Board, shall sell and issue 
159.20  state revenue bonds for the following purposes: 
159.21     (1) to pay the costs of the statewide public safety radio 
159.22  communication system that the board determines are of regional 
159.23  or statewide benefit and support mutual aid and emergency 
159.24  medical services communication, including, but not limited to, 
159.25  costs of master controllers of the backbone; 
159.26     (2) to pay the costs of issuance, debt service, and bond 
159.27  insurance or other credit enhancements, and to fund reserves; 
159.28  and 
159.29     (3) to refund bonds issued under this section. 
159.30     (b) The amount of bonds that may be issued for the purposes 
159.31  of clause (1) will be set from time to time by law; the amount 
159.32  of bonds that may be issued for the purposes of clauses (2) and 
159.33  (3) is not limited. 
159.34     (c) The bond proceeds may be used to to pay up to 50 
159.35  percent of the cost to a local government unit of building a 
159.36  subsystem.  The bond proceeds may be used to make improvements 
160.1   to an existing 800 MHz radio system that will interoperate with 
160.2   the regionwide public safety radio communication system, 
160.3   provided that the improvements conform to the board's plan and 
160.4   technical standards.  The bond proceeds may not be used to pay 
160.5   for portable or subscriber radio sets. 
160.6      Subd. 2.  [PROCEDURE.] (a) The commissioner may sell and 
160.7   issue the bonds on the terms and conditions the commissioner 
160.8   determines to be in the best interests of the state.  The bonds 
160.9   may be sold at public or private sale.  The commissioner may 
160.10  enter any agreements or pledges the commissioner determines 
160.11  necessary or useful to sell the bonds that are not inconsistent 
160.12  with sections 403.21 to 403.40.  Sections 16A.672 to 16A.675 
160.13  apply to the bonds.  The proceeds of the bonds issued under this 
160.14  section must be credited to a special 911 revenue bond proceeds 
160.15  account in the state treasury. 
160.16     (b) Before the proceeds are received in the 911 revenue 
160.17  bond proceeds account, the commissioner of finance may transfer 
160.18  to the account from the 911 emergency telecommunications service 
160.19  account amounts not exceeding the expected proceeds from the 
160.20  next bond sale.  The commissioner of finance shall return these 
160.21  amounts to the 911 emergency telecommunications service account 
160.22  by transferring proceeds when received.  The amounts of these 
160.23  transfers are appropriated from the 911 emergency 
160.24  telecommunications service account and from the 911 revenue bond 
160.25  proceeds account. 
160.26     Subd. 3.  [REVENUE SOURCES.] The debt service on the bonds 
160.27  is payable only from the following sources: 
160.28     (1) revenue credited to the 911 emergency 
160.29  telecommunications service account from the fee imposed and 
160.30  collected under section 237.491 or 403.11, subdivision 1, or 
160.31  from any other source; and 
160.32     (2) other revenues pledged to the payment of the bonds. 
160.33     Subd. 4.  [REFUNDING BONDS.] The commissioner may issue 
160.34  bonds to refund outstanding bonds issued under subdivision 1, 
160.35  including the payment of any redemption premiums on the bonds 
160.36  and any interest accrued or to accrue to the first redemption 
161.1   date after delivery of the refunding bonds.  The proceeds of the 
161.2   refunding bonds may, in the discretion of the commissioner, be 
161.3   applied to the purchases or payment at maturity of the bonds to 
161.4   be refunded, or the redemption of the outstanding bonds on the 
161.5   first redemption date after delivery of the refunding bonds and 
161.6   may, until so used, be placed in escrow to be applied to the 
161.7   purchase, retirement, or redemption.  Refunding bonds issued 
161.8   under this subdivision must be issued and secured in the manner 
161.9   provided by the commissioner. 
161.10     Subd. 5.  [NOT A GENERAL OR MORAL OBLIGATION.] Bonds issued 
161.11  under this section are not public debt, and the full faith, 
161.12  credit, and taxing powers of the state are not pledged for their 
161.13  payment.  The bonds may not be paid, directly in whole or in 
161.14  part from a tax of statewide application on any class of 
161.15  property, income, transaction, or privilege.  Payment of the 
161.16  bonds is limited to the revenues explicitly authorized to be 
161.17  pledged under this section.  The state neither makes nor has a 
161.18  moral obligation to pay the bonds if the pledged revenues and 
161.19  other legal security for them is insufficient. 
161.20     Subd. 6.  [TRUSTEE.] The commissioner may contract with and 
161.21  appoint a trustee for bond holders.  The trustee has the powers 
161.22  and authority vested in it by the commissioner under the bond 
161.23  and trust indentures.  
161.24     Subd. 7.  [PLEDGES.] Any pledge made by the commissioner is 
161.25  valid and binding from the time the pledge is made.  The money 
161.26  or property pledged and later received by the commissioner is 
161.27  immediately subject to the lien of the pledge without any 
161.28  physical delivery of the property or money or further act, and 
161.29  the lien of any pledge is valid and binding as against all 
161.30  parties having claims of any kind in tort, contract, or 
161.31  otherwise against the commissioner, whether or not those parties 
161.32  have notice of the lien or pledge.  Neither the order nor any 
161.33  other instrument by which a pledge is created need be recorded. 
161.34     Subd. 8.  [BONDS; PURCHASE AND CANCELLATION.] The 
161.35  commissioner, subject to agreements with bondholders that may 
161.36  then exist, may, out of any money available for the purpose, 
162.1   purchase bonds of the commissioner at a price not exceeding (1) 
162.2   if the bonds are then redeemable, the redemption price then 
162.3   applicable plus accrued interest to the next interest payment 
162.4   date thereon, or (2) if the bonds are not redeemable, the 
162.5   redemption price applicable on the first date after the purchase 
162.6   upon which the bonds become subject to redemption plus accrued 
162.7   interest to that date. 
162.8      Subd. 9.  [STATE PLEDGE AGAINST IMPAIRMENT OF CONTRACTS.] 
162.9   The state pledges and agrees with the holders of any bonds that 
162.10  the state will not limit or alter the rights vested in the 
162.11  commissioner to fulfill the terms of any agreements made with 
162.12  the bondholders, or in any way impair the rights and remedies of 
162.13  the holders until the bonds, together with interest on them, 
162.14  with interest on any unpaid installments of interest, and all 
162.15  costs and expenses in connection with any action or proceeding 
162.16  by or on behalf of the bondholders, are fully met and 
162.17  discharged.  The commissioner may include this pledge and 
162.18  agreement of the state in any agreement with the holders of 
162.19  bonds issued under this section. 
162.20     Sec. 19.  Minnesota Statutes 2004, section 403.30, 
162.21  subdivision 1, is amended to read: 
162.22     Subdivision 1.  [STANDING APPROPRIATION; COSTS COVERED.] 
162.23  For each fiscal year beginning with the fiscal year commencing 
162.24  July 1, 1997, The amount necessary to pay the following debt 
162.25  service costs and reserves for bonds issued by the Metropolitan 
162.26  Council under section 403.27 or by the commissioner of finance 
162.27  under section 403.275 is appropriated to the commissioner of 
162.28  public safety from the 911 emergency telecommunications service 
162.29  account established under section 403.11: 
162.30     (1) debt service costs and reserves for bonds issued 
162.31  pursuant to section 403.27; 
162.32     (2) repayment of the right-of-way acquisition loans; 
162.33     (3) costs of design, construction, maintenance of, and 
162.34  improvements to those elements of the first, second, and third 
162.35  phases that support mutual aid communications and emergency 
162.36  medical services; 
163.1      (4) recurring charges for leased sites and equipment for 
163.2   those elements of the first, second, and third phases that 
163.3   support mutual aid and emergency medical communication services; 
163.4   or 
163.5      (5) aid to local units of government for sites and 
163.6   equipment in support of mutual aid and emergency medical 
163.7   communications services to the commissioner of finance.  The 
163.8   commissioner of finance shall transmit the necessary amounts to 
163.9   the Metropolitan Council as requested by the council. 
163.10     This appropriation shall be used to pay annual debt service 
163.11  costs and reserves for bonds issued pursuant to section 
163.12  403.27 or 403.275 prior to use of fee money to pay other 
163.13  costs eligible under this subdivision.  In no event shall the 
163.14  appropriation for each fiscal year exceed an amount equal to 
163.15  four cents a month for each customer access line or other basic 
163.16  access service, including trunk equivalents as designated by the 
163.17  Public Utilities Commission for access charge purposes and 
163.18  including cellular and other nonwire access services, in the 
163.19  fiscal year.  Beginning July 1, 2004, this amount will increase 
163.20  to 13 cents a month or to support other appropriations. 
163.21     Sec. 20. [REPEALER.] 
163.22     Minnesota Statutes 2004, section 403.30, subdivision 3, is 
163.23  repealed. 
163.24     Sec. 21.  [EFFECTIVE DATE.] 
163.25     Sections 1 to 20 are effective the day following final 
163.26  enactment and apply to contracts entered into on or after that 
163.27  date. 
163.28                             ARTICLE 9 
163.29                      MISCELLANEOUS PROVISIONS 
163.30     Section 1.  Minnesota Statutes 2004, section 171.06, is 
163.31  amended by adding a subdivision to read: 
163.32     Subd. 2c.  [$1 SURCHARGE.] In addition to the fees required 
163.33  in subdivision 2, the commissioner shall collect a $1 surcharge 
163.34  on every license or identification card issued under this 
163.35  section.  The proceeds of the surcharge must be deposited in the 
163.36  state treasury and credited to the Minnesota Financial Crimes 
164.1   Oversight Council account created in section 299A.681, 
164.2   subdivision 10. 
164.3      [EFFECTIVE DATE.] This section is effective July 1, 2005.  
164.4      Sec. 2.  Minnesota Statutes 2004, section 171.20, 
164.5   subdivision 4, is amended to read: 
164.6      Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
164.7   reinstated, (1) a person whose driver's license has been 
164.8   suspended under section 171.16, subdivision subdivisions 2 and 
164.9   3; 171.18, except subdivision 1, clause (10); or 171.182, or who 
164.10  has been disqualified from holding a commercial driver's license 
164.11  under section 171.165, and (2) a person whose driver's license 
164.12  has been suspended under section 171.186 and who is not exempt 
164.13  from such a fee, must pay a fee of $20.  
164.14     (b) Before the license is reinstated, a person whose 
164.15  license has been suspended under sections 169.791 to 169.798 
164.16  must pay a $20 reinstatement fee. 
164.17     (c) When fees are collected by a licensing agent appointed 
164.18  under section 171.061, a handling charge is imposed in the 
164.19  amount specified under section 171.061, subdivision 4.  The 
164.20  reinstatement fee and surcharge must be deposited in an approved 
164.21  state depository as directed under section 171.061, subdivision 
164.22  4.  
164.23     (d) Reinstatement fees collected under paragraph (a) for 
164.24  suspensions under sections 171.16, subdivision 3, and 171.18, 
164.25  subdivision 1, clause (10), shall be deposited in the special 
164.26  revenue fund and are appropriated to the Peace Officer Standards 
164.27  and Training Board for peace officer training reimbursement to 
164.28  local units of government. 
164.29     (e) A suspension may be rescinded without fee for good 
164.30  cause. 
164.31     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
164.32     Sec. 3.  Minnesota Statutes 2004, section 171.26, is 
164.33  amended to read: 
164.34     171.26 [MONEY CREDITED TO FUNDS.] 
164.35     All money received under this chapter must be paid into the 
164.36  state treasury and credited to the trunk highway fund, except as 
165.1   provided in sections 171.06, subdivision 2a; 171.07, subdivision 
165.2   11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4, 
165.3   paragraph (d); and 171.29, subdivision 2, paragraph (b). 
165.4      [EFFECTIVE DATE.] This section is effective July 1, 2005.  
165.5      Sec. 4.  Minnesota Statutes 2004, section 244.09, 
165.6   subdivision 11, is amended to read: 
165.7      Subd. 11.  [MODIFICATION.] The commission shall meet as 
165.8   necessary for the purpose of modifying and improving the 
165.9   guidelines.  Any modification which amends the Sentencing 
165.10  Guidelines grid, including severity levels and criminal history 
165.11  scores, or which would result in the reduction of any sentence 
165.12  or in the early release of any inmate, with the exception of a 
165.13  modification mandated or authorized by the legislature or 
165.14  relating to a crime created or amended by the legislature in the 
165.15  preceding session, shall be submitted to the legislature by 
165.16  January 1 15 of any year in which the commission wishes to make 
165.17  the change and shall be effective on August 1 of that year, 
165.18  unless the legislature by law provides otherwise.  All other 
165.19  modifications shall take effect according to the procedural 
165.20  rules of the commission.  On or before January 1 15 of each 
165.21  year, the commission shall submit a written report to the 
165.22  committees of the senate and the house of representatives with 
165.23  jurisdiction over criminal justice policy that identifies and 
165.24  explains all modifications made during the preceding 12 months 
165.25  and all proposed modifications that are being submitted to the 
165.26  legislature that year. 
165.27     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
165.28  and applies to reports submitted on or after that date.  
165.29     Sec. 5.  Minnesota Statutes 2004, section 244.18, 
165.30  subdivision 2, is amended to read: 
165.31     Subd. 2.  [LOCAL CORRECTIONAL FEES.] A local correctional 
165.32  agency may establish a schedule of local correctional fees to 
165.33  charge persons convicted of a crime and under the supervision 
165.34  and control of the local correctional agency to defray costs 
165.35  associated with correctional services.  The local correctional 
165.36  fees on the schedule must be reasonably related to defendants' 
166.1   abilities to pay and the actual cost of correctional services. 
166.2      [EFFECTIVE DATE.] This section is effective July 1, 2005.  
166.3      Sec. 6.  Minnesota Statutes 2004, section 253B.08, 
166.4   subdivision 1, is amended to read: 
166.5      Subdivision 1.  [TIME FOR COMMITMENT HEARING.] The hearing 
166.6   on the commitment petition shall be held within 14 days from the 
166.7   date of the filing of the petition, except that the hearing on a 
166.8   commitment petition pursuant to section 253B.185 shall be held 
166.9   within 90 days from the date of the filing of the petition.  For 
166.10  good cause shown, the court may extend the time of hearing up to 
166.11  an additional 30 days.  The proceeding shall be dismissed if the 
166.12  proposed patient has not had a hearing on a commitment petition 
166.13  within the allowed time.  The proposed patient, or the head of 
166.14  the treatment facility in which the person is held, may demand 
166.15  in writing at any time that the hearing be held immediately.  
166.16  Unless the hearing is held within five days of the date of the 
166.17  demand, exclusive of Saturdays, Sundays and legal holidays, the 
166.18  petition shall be automatically discharged if the patient is 
166.19  being held in a treatment facility pursuant to court order.  For 
166.20  good cause shown, the court may extend the time of hearing on 
166.21  the demand for an additional ten days. 
166.22     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
166.23     Sec. 7.  Minnesota Statutes 2004, section 299A.38, 
166.24  subdivision 2, is amended to read: 
166.25     Subd. 2.  [STATE AND LOCAL REIMBURSEMENT.] Peace officers 
166.26  and heads of local law enforcement agencies who buy vests for 
166.27  the use of peace officer employees may apply to the commissioner 
166.28  for reimbursement of funds spent to buy vests.  On approving an 
166.29  application for reimbursement, the commissioner shall pay the 
166.30  applicant an amount equal to the lesser of one-half of the 
166.31  vest's purchase price or $300 $600, as adjusted according to 
166.32  subdivision 2a.  The political subdivision that employs the 
166.33  peace officer shall pay at least the lesser of one-half of the 
166.34  vest's purchase price or $300 $600, as adjusted according to 
166.35  subdivision 2a.  The political subdivision may not deduct or pay 
166.36  its share of the vest's cost from any clothing, maintenance, or 
167.1   similar allowance otherwise provided to the peace officer by the 
167.2   law enforcement agency. 
167.3      [EFFECTIVE DATE.] This section is effective the day 
167.4   following final enactment. 
167.5      Sec. 8.  Minnesota Statutes 2004, section 299A.38, 
167.6   subdivision 2a, is amended to read: 
167.7      Subd. 2a.  [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 
167.8   1, 1997 2006, the commissioner of public safety shall adjust 
167.9   the $300 $600 reimbursement amounts specified in subdivision 2, 
167.10  and in each subsequent year, on October 1, the commissioner 
167.11  shall adjust the reimbursement amount applicable immediately 
167.12  preceding that October 1 date.  The adjusted rate must reflect 
167.13  the annual percentage change in the Consumer Price Index for all 
167.14  urban consumers, published by the federal Bureau of Labor 
167.15  Statistics, occurring in the one-year period ending on the 
167.16  preceding June 1. 
167.17     [EFFECTIVE DATE.] This section is effective the day 
167.18  following final enactment. 
167.19     Sec. 9.  Minnesota Statutes 2004, section 299A.38, 
167.20  subdivision 3, is amended to read: 
167.21     Subd. 3.  [ELIGIBILITY REQUIREMENTS.] (a) Only vests that 
167.22  either meet or exceed the requirements of standard 0101.03 of 
167.23  the National Institute of Justice or that meet or exceed the 
167.24  requirements of that standard, except wet armor conditioning, 
167.25  are eligible for reimbursement. 
167.26     (b) Eligibility for reimbursement is limited to vests 
167.27  bought after December 31, 1986, by or for peace officers (1) who 
167.28  did not own a vest meeting the requirements of paragraph (a) 
167.29  before the purchase, or (2) who owned a vest that was at least 
167.30  six five years old. 
167.31     [EFFECTIVE DATE.] This section is effective the day 
167.32  following final enactment.  
167.33     Sec. 10.  [299A.681] [MINNESOTA FINANCIAL CRIMES OVERSIGHT 
167.34  COUNCIL AND TASK FORCE.] 
167.35     Subdivision 1.  [OVERSIGHT COUNCIL.] The Minnesota 
167.36  Financial Crimes Oversight Council shall provide guidance 
168.1   related to the investigation and prosecution of identity theft 
168.2   and financial crime.  
168.3      Subd. 2.  [MEMBERSHIP.] The oversight council consists of 
168.4   the following individuals, or their designees: 
168.5      (1) the commissioner of public safety; 
168.6      (2) the attorney general; 
168.7      (3) two chiefs of police, selected by the Minnesota Chiefs 
168.8   of Police Association from police departments that participate 
168.9   in the Minnesota Financial Crimes Task Force; 
168.10     (4) two sheriffs, selected by the Minnesota Sheriffs 
168.11  Association from sheriff departments that participate in the 
168.12  task force; 
168.13     (5) the United States attorney for the district of 
168.14  Minnesota; 
168.15     (6) a county attorney, selected by the Minnesota County 
168.16  Attorneys Association; 
168.17     (7) a representative from the United States Postal 
168.18  Inspector's Office, selected by the oversight council; 
168.19     (8) a representative from a not-for-profit retail merchants 
168.20  industry, selected by the oversight council; 
168.21     (9) a representative from a not-for-profit banking and 
168.22  credit union industry, selected by the oversight council; 
168.23     (10) a representative from a not-for-profit association 
168.24  representing senior citizens, selected by the oversight council; 
168.25     (11) the statewide commander of the task force; and 
168.26     (12) two additional members selected by the oversight 
168.27  council. 
168.28  The oversight council may adopt procedures to govern its conduct 
168.29  and shall select a chair from among its members. 
168.30     Subd. 3.  [DUTIES.] The oversight council shall develop an 
168.31  overall strategy to ameliorate the harm caused to the public by 
168.32  identity theft and financial crime within Minnesota.  The 
168.33  strategy may include the development of protocols and procedures 
168.34  to investigate financial crimes and a structure for best 
168.35  addressing these issues in a multijurisdictional manner.  
168.36  Additionally, the oversight council shall: 
169.1      (1) establish a multijurisdictional statewide Minnesota 
169.2   Financial Crimes Task Force to investigate major financial 
169.3   crimes; 
169.4      (2) select a statewide commander of the task force who 
169.5   serves at the pleasure of the oversight council; 
169.6      (3) assist the Department of Public Safety in developing an 
169.7   objective grant review application process that is free from 
169.8   conflicts of interest; 
169.9      (4) make funding recommendations to the commissioner of 
169.10  public safety on grants to support efforts to combat identity 
169.11  theft and financial crime; 
169.12     (5) assist law enforcement agencies and victims in 
169.13  developing a process to collect and share information to improve 
169.14  the investigation and prosecution of identity theft and 
169.15  financial crime; 
169.16     (6) develop and approve an operational budget for the 
169.17  office of the statewide commander and the oversight council; and 
169.18     (7) enter into any contracts necessary to establish and 
169.19  maintain a relationship with retailers, financial institutions, 
169.20  and other businesses to deal effectively with identity theft and 
169.21  financial crime. 
169.22  The task force described in clause (1) may consist of members 
169.23  from local law enforcement agencies, federal law enforcement 
169.24  agencies, state and federal prosecutors' offices, and 
169.25  representatives from elderly victims, retail, financial 
169.26  institutions, and not-for-profit organizations.  
169.27     Subd. 4.  [STATEWIDE COMMANDER.] (a) The Minnesota 
169.28  Financial Crimes Task Force commander under Minnesota Statutes 
169.29  2004, section 299A.68, shall oversee the transition of that task 
169.30  force into the task force described in subdivision 3 and remain 
169.31  in place as its commander until July 1, 2008.  On that date, the 
169.32  commissioner of public safety shall appoint as statewide 
169.33  commander the individual selected by the oversight council under 
169.34  subdivision 3. 
169.35     (b) The commander shall: 
169.36     (1) coordinate and monitor all multijurisdictional identity 
170.1   theft and financial crime enforcement activities; 
170.2      (2) facilitate local efforts and ensure statewide 
170.3   coordination with efforts to combat identity theft and financial 
170.4   crime; 
170.5      (3) facilitate training for law enforcement and other 
170.6   personnel; 
170.7      (4) monitor compliance with investigative protocols; 
170.8      (5) implement an outcome evaluation and data quality 
170.9   control process; 
170.10     (6) be responsible for the selection and for cause removal 
170.11  of assigned task force investigators who are designated 
170.12  participants under a memorandum of understanding or who receive 
170.13  grant funding; 
170.14     (7) provide supervision of assigned task force 
170.15  investigators; 
170.16     (8) submit a task force operational budget to the oversight 
170.17  council for approval; and 
170.18     (9) submit quarterly task force activity reports to the 
170.19  oversight council. 
170.20     Subd. 5.  [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 
170.21  law enforcement officers selected to participate in the task 
170.22  force must be licensed peace officers as defined in section 
170.23  626.84, subdivision 1, or qualified federal law enforcement 
170.24  officers as defined in section 626.8453.  Participating officers 
170.25  remain employees of the same entity that employed them before 
170.26  joining any multijurisdictional entity established under this 
170.27  section.  Participating officers are not employees of the state. 
170.28     Subd. 6.  [JURISDICTION AND POWERS.] Law enforcement 
170.29  officers participating in any multijurisdictional entity 
170.30  established under this section have statewide jurisdiction to 
170.31  conduct criminal investigations and have the same powers of 
170.32  arrest as those possessed by a sheriff.  The task force shall 
170.33  retain from its predecessor the assigned originating reporting 
170.34  number for case reporting purposes. 
170.35     Subd. 7.  [GRANTS AUTHORIZED.] The commissioner of public 
170.36  safety, upon recommendation of the oversight council, shall make 
171.1   grants to state and local units of government to combat identity 
171.2   theft and financial crime.  The commander, as funding permits, 
171.3   may prepare a budget to establish four regional districts and 
171.4   funding grant allocations programs outside the counties of 
171.5   Hennepin, Ramsey, Anoka, Washington, and Dakota.  The budget 
171.6   must be reviewed and approved by the oversight council and 
171.7   recommended to the commissioner to support these efforts. 
171.8      Subd. 8.  [VICTIMS ASSISTANCE PROGRAM.] (a) The oversight 
171.9   council may establish a victims' assistance program to assist 
171.10  victims of economic crimes and provide prevention and awareness 
171.11  programs.  The oversight council may retain the services of 
171.12  not-for-profit organizations to assist in the development and 
171.13  delivery systems in aiding victims of financial crime.  The 
171.14  program may not provide any financial assistance to victims, but 
171.15  may assist victims in obtaining police assistance and advise 
171.16  victims in how to protect personal accounts and identities.  
171.17  Services may include a victim toll-free telephone number, fax 
171.18  number, Web site, Monday through Friday telephone service, 
171.19  e-mail response, and interfaces to other helpful Web sites.  
171.20  Victims' information compiled are governed under chapter 13. 
171.21     (b) The oversight council may post or communicate through 
171.22  public service announcements in newspapers, radio, television, 
171.23  cable access, billboards, Internet, Web sites, and other normal 
171.24  advertising channels, a financial reward of up to $2,000 for 
171.25  tips leading to the apprehension and successful prosecution of 
171.26  individuals committing economic crime.  All rewards must meet 
171.27  the oversight council's standards.  The release of funds must be 
171.28  made to an individual whose information leads to the 
171.29  apprehension and prosecution of offenders committing economic or 
171.30  financial crimes against citizens or businesses in Minnesota.  
171.31  All rewards paid to an individual must be reported to the 
171.32  Department of Revenue along with the individual's Social 
171.33  Security number. 
171.34     Subd. 9.  [OVERSIGHT COUNCIL AND TASK FORCE IS PERMANENT.] 
171.35  Notwithstanding section 15.059, this section does not expire. 
171.36     Subd. 10.  [FUNDING.] (a) The Minnesota Financial Crimes 
172.1   Oversight Council account is created in the special revenue fund.
172.2   Money received for the purposes of the council under section 
172.3   171.06, subdivision 2c, this subdivision, or from any other 
172.4   source must be credited to the account. 
172.5      (b) The oversight council may accept lawful grants and 
172.6   in-kind contributions from any federal, state, or local source 
172.7   or legal business or individual not funded by this section for 
172.8   general operation support, including personnel costs.  These 
172.9   grants or in-kind contributions are not to be directed toward 
172.10  the case of a particular victim or business.  The oversight 
172.11  council's fiscal agent shall handle all funds approved by the 
172.12  oversight council, including in-kind contributions. 
172.13     Subd. 11.  [FORFEITURE.] Property seized by the task force 
172.14  is subject to forfeiture pursuant to sections 609.531, 609.5312, 
172.15  609.5313, and 609.5315 if ownership cannot be established.  The 
172.16  council shall receive the proceeds from the sale of all property 
172.17  properly seized and forfeited. 
172.18     Subd. 12.  [TRANSFER EQUIPMENT FROM CURRENT TASK 
172.19  FORCE.] All equipment possessed by the task force described in 
172.20  Minnesota Statutes 2004, section 299A.68, is transferred to the 
172.21  oversight council for use by the task force described in this 
172.22  section. 
172.23     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
172.24     Sec. 11.  Minnesota Statutes 2004, section 299C.65, 
172.25  subdivision 1, is amended to read: 
172.26     Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The Criminal and 
172.27  Juvenile Justice Information Policy Group consists of the 
172.28  commissioner of corrections, the commissioner of public safety, 
172.29  the commissioner of administration, the commissioner of finance, 
172.30  and four members of the judicial branch appointed by the chief 
172.31  justice of the Supreme Court, and the chair and first vice chair 
172.32  of the Criminal and Juvenile Justice Information Task Force.  
172.33  The policy group may appoint additional, nonvoting members as 
172.34  necessary from time to time. 
172.35     (b) The commissioner of public safety is designated as the 
172.36  chair of the policy group.  The commissioner and the policy 
173.1   group have overall responsibility for the successful completion 
173.2   of statewide criminal justice information system integration 
173.3   (CriMNet).  The policy group may hire a program manager an 
173.4   executive director to manage the CriMNet projects and to be 
173.5   responsible for the day-to-day operations of CriMNet.  The 
173.6   executive director shall serve at the pleasure of the policy 
173.7   group in unclassified service.  The policy group must ensure 
173.8   that generally accepted project management techniques are 
173.9   utilized for each CriMNet project, including: 
173.10     (1) clear sponsorship; 
173.11     (2) scope management; 
173.12     (3) project planning, control, and execution; 
173.13     (4) continuous risk assessment and mitigation; 
173.14     (5) cost management; 
173.15     (6) quality management reviews; 
173.16     (7) communications management; and 
173.17     (8) proven methodology; and 
173.18     (9) education and training. 
173.19     (c) Products and services for CriMNet project management, 
173.20  system design, implementation, and application hosting must be 
173.21  acquired using an appropriate procurement process, which 
173.22  includes: 
173.23     (1) a determination of required products and services; 
173.24     (2) a request for proposal development and identification 
173.25  of potential sources; 
173.26     (3) competitive bid solicitation, evaluation, and 
173.27  selection; and 
173.28     (4) contract administration and close-out. 
173.29     (d) The policy group shall study and make recommendations 
173.30  to the governor, the Supreme Court, and the legislature on:  
173.31     (1) a framework for integrated criminal justice information 
173.32  systems, including the development and maintenance of a 
173.33  community data model for state, county, and local criminal 
173.34  justice information; 
173.35     (2) the responsibilities of each entity within the criminal 
173.36  and juvenile justice systems concerning the collection, 
174.1   maintenance, dissemination, and sharing of criminal justice 
174.2   information with one another; 
174.3      (3) actions necessary to ensure that information maintained 
174.4   in the criminal justice information systems is accurate and 
174.5   up-to-date; 
174.6      (4) the development of an information system containing 
174.7   criminal justice information on gross misdemeanor-level and 
174.8   felony-level juvenile offenders that is part of the integrated 
174.9   criminal justice information system framework; 
174.10     (5) the development of an information system containing 
174.11  criminal justice information on misdemeanor arrests, 
174.12  prosecutions, and convictions that is part of the integrated 
174.13  criminal justice information system framework; 
174.14     (6) comprehensive training programs and requirements for 
174.15  all individuals in criminal justice agencies to ensure the 
174.16  quality and accuracy of information in those systems; 
174.17     (7) continuing education requirements for individuals in 
174.18  criminal justice agencies who are responsible for the 
174.19  collection, maintenance, dissemination, and sharing of criminal 
174.20  justice data; 
174.21     (8) a periodic audit process to ensure the quality and 
174.22  accuracy of information contained in the criminal justice 
174.23  information systems; 
174.24     (9) the equipment, training, and funding needs of the state 
174.25  and local agencies that participate in the criminal justice 
174.26  information systems; 
174.27     (10) the impact of integrated criminal justice information 
174.28  systems on individual privacy rights; 
174.29     (11) the impact of proposed legislation on the criminal 
174.30  justice system, including any fiscal impact, need for training, 
174.31  changes in information systems, and changes in processes; 
174.32     (12) the collection of data on race and ethnicity in 
174.33  criminal justice information systems; 
174.34     (13) the development of a tracking system for domestic 
174.35  abuse orders for protection; 
174.36     (14) processes for expungement, correction of inaccurate 
175.1   records, destruction of records, and other matters relating to 
175.2   the privacy interests of individuals; and 
175.3      (15) the development of a database for extended 
175.4   jurisdiction juvenile records and whether the records should be 
175.5   public or private and how long they should be retained.  
175.6      [EFFECTIVE DATE.] This section is effective July 1, 2005.  
175.7      Sec. 12.  Minnesota Statutes 2004, section 299C.65, 
175.8   subdivision 2, is amended to read: 
175.9      Subd. 2.  [REPORT, TASK FORCE.] (a) The policy group shall 
175.10  file an annual report with the governor, Supreme Court, and 
175.11  chairs and ranking minority members of the senate and house 
175.12  committees and divisions with jurisdiction over criminal justice 
175.13  funding and policy by December 1 of each year.  
175.14     (b) The report must make recommendations concerning any 
175.15  legislative changes or appropriations that are needed to ensure 
175.16  that the criminal justice information systems operate accurately 
175.17  and efficiently.  To assist them in developing their 
175.18  recommendations, The policy group shall appoint a task force 
175.19  consisting to assist them in their duties.  The task force shall 
175.20  monitor, review, and report to the policy group on 
175.21  CriMNet-related projects and provide oversight to ongoing 
175.22  operations as directed by the policy group.  The task force 
175.23  shall consist of its members or their designees and the 
175.24  following additional members:  
175.25     (1) the director of the Office of Strategic and Long-Range 
175.26  Planning; 
175.27     (2) two sheriffs recommended by the Minnesota Sheriffs 
175.28  Association; 
175.29     (3) (2) two police chiefs recommended by the Minnesota 
175.30  Chiefs of Police Association; 
175.31     (4) (3) two county attorneys recommended by the Minnesota 
175.32  County Attorneys Association; 
175.33     (5) (4) two city attorneys recommended by the Minnesota 
175.34  League of Cities; 
175.35     (6) (5) two public defenders appointed by the Board of 
175.36  Public Defense; 
176.1      (7) (6) two district judges appointed by the Conference of 
176.2   Chief Judges, one of whom is currently assigned to the juvenile 
176.3   court; 
176.4      (8) (7) two community corrections administrators 
176.5   recommended by the Minnesota Association of Counties, one of 
176.6   whom represents a community corrections act county; 
176.7      (9) (8) two probation officers; 
176.8      (10) (9) four public members, one of whom has been a victim 
176.9   of crime, and two who are representatives of the private 
176.10  business community who have expertise in integrated information 
176.11  systems; 
176.12     (11) (10) two court administrators; 
176.13     (12) (11) one member of the house of representatives 
176.14  appointed by the speaker of the house; 
176.15     (13) (12) one member of the senate appointed by the 
176.16  majority leader; 
176.17     (14) (13) the attorney general or a designee; 
176.18     (15) the commissioner of administration or a designee; 
176.19     (16) (14) an individual recommended by the Minnesota League 
176.20  of Cities; and 
176.21     (17) (15) an individual recommended by the Minnesota 
176.22  Association of Counties; 
176.23     (16) the director of the Sentencing Guidelines Commission; 
176.24     (17) one member appointed by the commissioner of public 
176.25  safety; 
176.26     (18) one member appointed by the commissioner of 
176.27  corrections; 
176.28     (19) one member appointed by the commissioner of 
176.29  administration; and 
176.30     (20) one member appointed by the chief justice of the 
176.31  Supreme Court. 
176.32  In making these appointments, the appointing authority shall 
176.33  select members with expertise in integrated data systems or best 
176.34  practices.  
176.35     (c) The commissioner of public safety may appoint 
176.36  additional, nonvoting members to the task force as necessary 
177.1   from time to time. 
177.2      [EFFECTIVE DATE.] This section is effective July 1, 2005.  
177.3      Sec. 13.  Minnesota Statutes 2004, section 299C.65, is 
177.4   amended by adding a subdivision to read: 
177.5      Subd. 3a.  [REPORT.] The policy group, with the assistance 
177.6   of the task force, shall file an annual report with the 
177.7   governor, Supreme Court, and chairs and ranking minority members 
177.8   of the senate and house committees and divisions with 
177.9   jurisdiction over criminal justice funding and policy by January 
177.10  15 of each year.  The report must provide the following: 
177.11     (1) status and review of current integration efforts and 
177.12  projects; 
177.13     (2) recommendations concerning any legislative changes or 
177.14  appropriations that are needed to ensure that the criminal 
177.15  justice information systems operate accurately and efficiently; 
177.16  and 
177.17     (3) summary of the activities of the policy group and task 
177.18  force. 
177.19     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
177.20     Sec. 14.  Minnesota Statutes 2004, section 299C.65, 
177.21  subdivision 5, is amended to read: 
177.22     Subd. 5.  [REVIEW OF FUNDING AND GRANT REQUESTS.] (a) The 
177.23  Criminal and Juvenile Justice Information Policy Group shall 
177.24  review the funding requests for criminal justice information 
177.25  systems from state, county, and municipal government agencies.  
177.26  The policy group shall review the requests for compatibility to 
177.27  statewide criminal justice information system standards.  The 
177.28  review shall be forwarded to the chairs and ranking minority 
177.29  members of the house and senate committees and divisions with 
177.30  jurisdiction over criminal justice funding and policy. 
177.31     (b) The policy group shall also review funding requests for 
177.32  criminal justice information systems grants to be made by the 
177.33  commissioner of public safety as provided in this section.  
177.34  Within the limits of available appropriations, the commissioner 
177.35  of public safety shall make grants for projects that have been 
177.36  approved by the policy group. CriMNet program office, in 
178.1   consultation with the Criminal and Juvenile Justice Information 
178.2   Task Force and with the approval of the policy group, shall 
178.3   create the requirements for any grant request and determine the 
178.4   integration priorities for the grant period.  The CriMNet 
178.5   program office shall also review the requests submitted for 
178.6   compatibility to statewide criminal justice information systems 
178.7   standards. 
178.8      (c) If a funding request is for development of a 
178.9   comprehensive criminal justice information integration plan, the 
178.10  policy group shall ensure that the request contains the 
178.11  components specified in subdivision 6.  If a funding request is 
178.12  for implementation of a plan or other criminal justice 
178.13  information systems project, the policy group shall ensure that: 
178.14     (1) the government agency has adopted a comprehensive plan 
178.15  that complies with subdivision 6; 
178.16     (2) the request contains the components specified in 
178.17  subdivision 7; and 
178.18     (3) the request demonstrates that it is consistent with the 
178.19  government agency's comprehensive plan. The task force shall 
178.20  review funding requests for criminal justice information systems 
178.21  grants and make recommendations to the policy group.  The policy 
178.22  group shall review the recommendations of the task force and 
178.23  shall make a final recommendation for criminal justice 
178.24  information systems grants to be made by the commissioner of 
178.25  public safety.  Within the limits of available state 
178.26  appropriations and federal grants, the commissioner of public 
178.27  safety shall make grants for projects that have been recommended 
178.28  by the policy group. 
178.29     (d) The policy group may approve grants only if the 
178.30  applicant provides an appropriate share of matching funds as 
178.31  determined by the policy group to help pay up to one-half of the 
178.32  costs of the grant request.  The matching requirement must be 
178.33  constant for all counties.  The policy group shall adopt 
178.34  policies concerning the use of in-kind resources to satisfy the 
178.35  match requirement and the sources from which matching funds may 
178.36  be obtained.  Local operational or technology staffing costs may 
179.1   be considered as meeting this match requirement.  Each grant 
179.2   recipient shall certify to the policy group that it has not 
179.3   reduced funds from local, county, federal, or other sources 
179.4   which, in the absence of the grant, would have been made 
179.5   available to the grant recipient to improve or integrate 
179.6   criminal justice technology. 
179.7      (e) All grant recipients shall submit to the CriMNet 
179.8   program office all requested documentation including grant 
179.9   status, financial reports, and a final report evaluating how the 
179.10  grant funds improved the agency's criminal justice integration 
179.11  priorities.  The CriMNet program office shall establish the 
179.12  recipient's reporting dates at the time funds are awarded. 
179.13     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
179.14     Sec. 15.  Minnesota Statutes 2004, section 340A.301, 
179.15  subdivision 6, is amended to read: 
179.16     Subd. 6.  [FEES.] The annual fees for licenses under this 
179.17  section are as follows: 
179.18    (a) Manufacturers (except as provided 
179.19        in clauses (b) and (c))                    $15,000 $30,000 
179.20        Duplicates                                 $ 3,000
179.21    (b) Manufacturers of wines of not more
179.22        than 25 percent alcohol by volume          $   500
179.23    (c) Brewers other than those described
179.24        in clauses (d) and (i)                     $ 2,500 4,000
179.25    (d) Brewers who also hold one or more
179.26        retail on-sale licenses and who
179.27        manufacture fewer than 3,500 barrels
179.28        of malt liquor in a year, at any one
179.29        licensed premises, using only wort produced 
179.30        in Minnesota, the entire
179.31        production of which is solely 
179.32        for consumption on tap on the
179.33        licensed premises or for off-sale
179.34        from that licensed premises.
179.35        A brewer licensed
179.36        under this clause must obtain a separate
180.1         license for each licensed premises where
180.2         the brewer brews malt liquor.  A brewer
180.3         licensed under this clause may not be
180.4         licensed as an importer under this chapter  $  500
180.5     (e) Wholesalers (except as provided in
180.6         clauses (f), (g), and (h))                 $15,000
180.7         Duplicates                                 $ 3,000
180.8     (f) Wholesalers of wines of not more
180.9         than 25 percent alcohol by volume          $ 2,000 3,750
180.10    (g) Wholesalers of intoxicating
180.11        malt liquor                                $   600 1,000
180.12        Duplicates                                 $    25
180.13    (h) Wholesalers of 3.2 percent 
180.14        malt liquor                                $    10
180.15    (i) Brewers who manufacture fewer than
180.16        2,000 barrels of malt liquor in a year     $   150
180.17     If a business licensed under this section is destroyed, or 
180.18  damaged to the extent that it cannot be carried on, or if it 
180.19  ceases because of the death or illness of the licensee, the 
180.20  commissioner may refund the license fee for the balance of the 
180.21  license period to the licensee or to the licensee's estate. 
180.22     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
180.23     Sec. 16.  Minnesota Statutes 2004, section 340A.302, 
180.24  subdivision 3, is amended to read: 
180.25     Subd. 3.  [FEES.] Annual fees for licenses under this 
180.26  section, which must accompany the application, are as follows: 
180.27       Importers of distilled spirits, wine,
180.28       or ethyl alcohol                             $420
180.29       Importers of malt liquor                     $800 
180.30                                                  $1,600
180.31     If an application is denied, $100 of the fee shall be 
180.32  retained by the commissioner to cover costs of investigation. 
180.33     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
180.34     Sec. 17.  Minnesota Statutes 2004, section 340A.311, is 
180.35  amended to read: 
180.36     340A.311 [BRAND REGISTRATION.] 
181.1      (a) A brand of intoxicating liquor or 3.2 percent malt 
181.2   liquor may not be manufactured, imported into, or sold in the 
181.3   state unless the brand label has been registered with and 
181.4   approved by the commissioner.  A brand registration must be 
181.5   renewed every three years in order to remain in effect.  The fee 
181.6   for an initial brand registration is $30 $40.  The fee for brand 
181.7   registration renewal is $20 $30.  The brand label of a brand of 
181.8   intoxicating liquor or 3.2 percent malt liquor for which the 
181.9   brand registration has expired, is conclusively deemed abandoned 
181.10  by the manufacturer or importer.  
181.11     (b) In this section "brand" and "brand label" include 
181.12  trademarks and designs used in connection with labels.  
181.13     (c) The label of any brand of wine or intoxicating or 
181.14  nonintoxicating malt beverage may be registered only by the 
181.15  brand owner or authorized agent.  No such brand may be imported 
181.16  into the state for sale without the consent of the brand owner 
181.17  or authorized agent.  This section does not limit the provisions 
181.18  of section 340A.307. 
181.19     (d) The commissioner shall refuse to register a malt liquor 
181.20  brand label, and shall revoke the registration of a malt liquor 
181.21  brand label already registered, if the brand label states or 
181.22  implies in a false or misleading manner a connection with an 
181.23  actual living or dead American Indian leader.  This paragraph 
181.24  does not apply to a brand label registered for the first time in 
181.25  Minnesota before January 1, 1992. 
181.26     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
181.27     Sec. 18.  Minnesota Statutes 2004, section 340A.404, 
181.28  subdivision 12, is amended to read: 
181.29     Subd. 12.  [CATERER'S PERMIT.] The commissioner may issue a 
181.30  caterer's permit to a restaurant that holds an on-sale 
181.31  intoxicating liquor license issued by any municipality.  The 
181.32  holder of a caterer's permit may sell intoxicating liquor as an 
181.33  incidental part of a food service that serves prepared meals at 
181.34  a place other than the premises for which the holder's on-sale 
181.35  intoxicating liquor license is issued. 
181.36     (a) A caterer's permit is auxiliary to the primary on-sale 
182.1   license held by the licensee. 
182.2      (b) The restrictions and regulations which apply to the 
182.3   sale of intoxicating liquor on the licensed premises also apply 
182.4   to the sale under the authority of a caterer's permit, and any 
182.5   act that is prohibited on the licensed premises is also 
182.6   prohibited when the licensee is operating other than on the 
182.7   licensed premises under a caterer's permit. 
182.8      (c) Any act, which if done on the licensed premises would 
182.9   be grounds for cancellation or suspension of the on-sale 
182.10  licensee, is grounds for cancellation of both the on-sale 
182.11  license and the caterer's permit if done when the permittee is 
182.12  operating away from the licensed premises under the authority of 
182.13  the caterer's permit. 
182.14     (d) The permittee shall notify prior to any catered event: 
182.15     (1) the police chief of the city where the event will take 
182.16  place, if the event will take place within the corporate limits 
182.17  of a city; or 
182.18     (2) the county sheriff of the county where the event will 
182.19  take place, if the event will be outside the corporate limits of 
182.20  any city. 
182.21     (e) If the primary license ceases to be valid for any 
182.22  reason, the caterer's permit ceases to be valid. 
182.23     (f) Permits issued under this subdivision are subject to 
182.24  all laws and ordinances governing the sale of intoxicating 
182.25  liquor except those laws and ordinances which by their nature 
182.26  are not applicable. 
182.27     (g) The annual state fee for a caterer's permit 
182.28  is $200 $300. 
182.29     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
182.30     Sec. 19.  Minnesota Statutes 2004, section 340A.408, 
182.31  subdivision 4, is amended to read: 
182.32     Subd. 4.  [LAKE SUPERIOR, ST. CROIX RIVER, AND MISSISSIPPI 
182.33  RIVER TOUR BOATS; COMMON CARRIERS.] (a) The annual license fee 
182.34  for licensing of Lake Superior, St. Croix River, and Mississippi 
182.35  River tour boats under section 340A.404, subdivision 8, shall be 
182.36  $1,000 $1,500.  The commissioner shall transmit one-half of this 
183.1   fee to the governing body of the city that is the home port of 
183.2   the tour boat or to the county in which the home port is located 
183.3   if the home port is outside a city. 
183.4      (b) The annual license fee for common carriers licensed 
183.5   under section 340A.407 is: 
183.6      (1) $50 for 3.2 percent malt liquor, and $20 for a 
183.7   duplicate license; and 
183.8      (2) $200 $250 for intoxicating liquor, and $20 $30 for a 
183.9   duplicate license. 
183.10     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
183.11     Sec. 20.  Minnesota Statutes 2004, section 340A.414, 
183.12  subdivision 6, is amended to read: 
183.13     Subd. 6.  [PERMIT FEES.] The annual fee for issuance of a 
183.14  permit under this section is $150 $250.  The governing body of a 
183.15  city or county where the establishment is located may impose an 
183.16  additional fee of not more than $300. 
183.17     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
183.18     Sec. 21.  Minnesota Statutes 2004, section 340A.504, 
183.19  subdivision 3, is amended to read: 
183.20     Subd. 3.  [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.] (a) 
183.21  A restaurant, club, bowling center, or hotel with a seating 
183.22  capacity for at least 30 persons and which holds an on-sale 
183.23  intoxicating liquor license may sell intoxicating liquor for 
183.24  consumption on the premises in conjunction with the sale of food 
183.25  between the hours of 12:00 noon on Sundays and 2:00 a.m. on 
183.26  Mondays. 
183.27     (b) The governing body of a municipality may after one 
183.28  public hearing by ordinance permit a restaurant, hotel, bowling 
183.29  center, or club to sell alcoholic beverages for consumption on 
183.30  the premises in conjunction with the sale of food between the 
183.31  hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays, 
183.32  provided that the licensee is in conformance with the Minnesota 
183.33  Clean Air Act. 
183.34     (c) An establishment serving intoxicating liquor on Sundays 
183.35  must obtain a Sunday license.  The license must be issued by the 
183.36  governing body of the municipality for a period of one year, and 
184.1   the fee for the license may not exceed $200. 
184.2      (d) A city may issue a Sunday intoxicating liquor license 
184.3   only if authorized to do so by the voters of the city voting on 
184.4   the question at a general or special election.  A county may 
184.5   issue a Sunday intoxicating liquor license in a town only if 
184.6   authorized to do so by the voters of the town as provided in 
184.7   paragraph (e).  A county may issue a Sunday intoxicating liquor 
184.8   license in unorganized territory only if authorized to do so by 
184.9   the voters of the election precinct that contains the licensed 
184.10  premises, voting on the question at a general or special 
184.11  election. 
184.12     (e) An election conducted in a town on the question of the 
184.13  issuance by the county of Sunday sales licenses to 
184.14  establishments located in the town must be held on the day of 
184.15  the annual election of town officers. 
184.16     (f) Voter approval is not required for licenses issued by 
184.17  the Metropolitan Airports Commission or common carrier licenses 
184.18  issued by the commissioner.  Common carriers serving 
184.19  intoxicating liquor on Sunday must obtain a Sunday license from 
184.20  the commissioner at an annual fee of $50 $75, plus $20 $30 for 
184.21  each duplicate. 
184.22     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
184.23     Sec. 22.  Minnesota Statutes 2004, section 340A.504, 
184.24  subdivision 7, is amended to read: 
184.25     Subd. 7.  [SALES AFTER 1:00 A.M.; PERMIT FEE.] (a) No 
184.26  licensee may sell intoxicating liquor or 3.2 percent malt liquor 
184.27  on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the 
184.28  licensee has obtained a permit from the commissioner.  
184.29  Application for the permit must be on a form the commissioner 
184.30  prescribes.  Permits are effective for one year from date of 
184.31  issuance.  For retailers of intoxicating liquor, the fee for the 
184.32  permit is based on the licensee's gross receipts from on-sales 
184.33  of alcoholic beverages in the 12 months prior to the month in 
184.34  which the permit is issued, and is at the following rates: 
184.35     (1) up to $100,000 in gross receipts, $200 $300; 
184.36     (2) over $100,000 but not over $500,000 in gross receipts, 
185.1   $500 $750; and 
185.2      (3) over $500,000 in gross receipts, $600 $1,000. 
185.3   For a licensed retailer of intoxicating liquor who did not sell 
185.4   intoxicating liquor at on-sale for a full 12 months prior to the 
185.5   month in which the permit is issued, the fee is $200.  For a 
185.6   retailer of 3.2 percent malt liquor, the fee is $200. 
185.7      (b) The commissioner shall deposit all permit fees received 
185.8   under this subdivision in the alcohol enforcement account in the 
185.9   special revenue fund. 
185.10     (c) Notwithstanding any law to the contrary, the 
185.11  commissioner of revenue may furnish to the commissioner the 
185.12  information necessary to administer and enforce this subdivision.
185.13     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
185.14     Sec. 23.  Minnesota Statutes 2004, section 357.021, 
185.15  subdivision 2, is amended to read: 
185.16     Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
185.17  collected by the court administrator shall be as follows: 
185.18     (1) In every civil action or proceeding in said court, 
185.19  including any case arising under the tax laws of the state that 
185.20  could be transferred or appealed to the Tax Court, the 
185.21  plaintiff, petitioner, or other moving party shall pay, when the 
185.22  first paper is filed for that party in said action, a fee of 
185.23  $235 $240. 
185.24     The defendant or other adverse or intervening party, or any 
185.25  one or more of several defendants or other adverse or 
185.26  intervening parties appearing separately from the others, shall 
185.27  pay, when the first paper is filed for that party in said 
185.28  action, a fee of $235. 
185.29     The party requesting a trial by jury shall pay $75. 
185.30     The fees above stated shall be the full trial fee 
185.31  chargeable to said parties irrespective of whether trial be to 
185.32  the court alone, to the court and jury, or disposed of without 
185.33  trial, and shall include the entry of judgment in the action, 
185.34  but does not include copies or certified copies of any papers so 
185.35  filed or proceedings under chapter 103E, except the provisions 
185.36  therein as to appeals. 
186.1      (2) Certified copy of any instrument from a civil or 
186.2   criminal proceeding, $10, and $5 for an uncertified copy. 
186.3      (3) Issuing a subpoena, $12 for each name. 
186.4      (4) Filing a motion or response to a motion in civil, 
186.5   family, excluding child support, and guardianship cases, $55.  
186.6      (5) Issuing an execution and filing the return thereof; 
186.7   issuing a writ of attachment, injunction, habeas corpus, 
186.8   mandamus, quo warranto, certiorari, or other writs not 
186.9   specifically mentioned, $40. 
186.10     (6) Issuing a transcript of judgment, or for filing and 
186.11  docketing a transcript of judgment from another court, $30. 
186.12     (7) Filing and entering a satisfaction of judgment, partial 
186.13  satisfaction, or assignment of judgment, $5. 
186.14     (8) Certificate as to existence or nonexistence of 
186.15  judgments docketed, $5 for each name certified to. 
186.16     (9) Filing and indexing trade name; or recording basic 
186.17  science certificate; or recording certificate of physicians, 
186.18  osteopaths, chiropractors, veterinarians, or optometrists, $5. 
186.19     (10) For the filing of each partial, final, or annual 
186.20  account in all trusteeships, $40. 
186.21     (11) For the deposit of a will, $20. 
186.22     (12) For recording notary commission, $100, of which, 
186.23  notwithstanding subdivision 1a, paragraph (b), $80 must be 
186.24  forwarded to the commissioner of finance to be deposited in the 
186.25  state treasury and credited to the general fund. 
186.26     (13) Filing a motion or response to a motion for 
186.27  modification of child support, a fee fixed by rule or order of 
186.28  the Supreme Court.  
186.29     (14) All other services required by law for which no fee is 
186.30  provided, such fee as compares favorably with those herein 
186.31  provided, or such as may be fixed by rule or order of the court. 
186.32     (15) In addition to any other filing fees under this 
186.33  chapter, a surcharge in the amount of $75 must be assessed in 
186.34  accordance with section 259.52, subdivision 14, for each 
186.35  adoption petition filed in district court to fund the fathers' 
186.36  adoption registry under section 259.52. 
187.1      The fees in clauses (3) and (5) need not be paid by a 
187.2   public authority or the party the public authority represents. 
187.3      [EFFECTIVE DATE.] This section is effective July 1, 2005. 
187.4      Sec. 24.  Minnesota Statutes 2004, section 357.021, 
187.5   subdivision 6, is amended to read: 
187.6      Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
187.7   (a) The court shall impose and the court administrator shall 
187.8   collect a $60 $72 surcharge on every person convicted of any 
187.9   felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
187.10  offense, other than a violation of a law or ordinance relating 
187.11  to vehicle parking, for which there shall be a $3 $4 surcharge.  
187.12  In the Second Judicial District, the court shall impose, and the 
187.13  court administrator shall collect, an additional $1 surcharge on 
187.14  every person convicted of any felony, gross misdemeanor, or 
187.15  petty misdemeanor offense, other than a violation of a law or 
187.16  ordinance relating to vehicle parking, if the Ramsey County 
187.17  Board of Commissioners authorizes the $1 surcharge.  The 
187.18  surcharge shall be imposed whether or not the person is 
187.19  sentenced to imprisonment or the sentence is stayed.  
187.20     (b) If the court fails to impose a surcharge as required by 
187.21  this subdivision, the court administrator shall show the 
187.22  imposition of the surcharge, collect the surcharge and correct 
187.23  the record. 
187.24     (c) The court may not waive payment of the surcharge 
187.25  required under this subdivision.  Upon a showing of indigency or 
187.26  undue hardship upon the convicted person or the convicted 
187.27  person's immediate family, the sentencing court may authorize 
187.28  payment of the surcharge in installments. 
187.29     (d) The court administrator or other entity collecting a 
187.30  surcharge shall forward it to the commissioner of finance. 
187.31     (e) If the convicted person is sentenced to imprisonment 
187.32  and has not paid the surcharge before the term of imprisonment 
187.33  begins, the chief executive officer of the correctional facility 
187.34  in which the convicted person is incarcerated shall collect the 
187.35  surcharge from any earnings the inmate accrues from work 
187.36  performed in the facility or while on conditional release.  The 
188.1   chief executive officer shall forward the amount collected to 
188.2   the commissioner of finance. 
188.3      [EFFECTIVE DATE.] This section is effective July 1, 2005.  
188.4      Sec. 25.  Minnesota Statutes 2004, section 357.021, 
188.5   subdivision 7, is amended to read: 
188.6      Subd. 7.  [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF 
188.7   FINANCE.] (a) Except as provided in paragraphs (b), (c), and 
188.8   (d), the commissioner of finance shall disburse surcharges 
188.9   received under subdivision 6 and section 97A.065, subdivision 2, 
188.10  as follows: 
188.11     (1) one percent shall be credited to the game and fish fund 
188.12  to provide peace officer training for employees of the 
188.13  Department of Natural Resources who are licensed under sections 
188.14  626.84 to 626.863, and who possess peace officer authority for 
188.15  the purpose of enforcing game and fish laws; 
188.16     (2) 39 percent shall be credited to the peace officers 
188.17  training account in the special revenue fund; and 
188.18     (3) 60 percent shall be credited to the general fund.  
188.19     (b) The commissioner of finance shall credit $3 of each 
188.20  surcharge received under subdivision 6 and section 97A.065, 
188.21  subdivision 2, to the general fund. 
188.22     (c) In addition to any amounts credited under paragraph 
188.23  (a), the commissioner of finance shall credit $32 $43 of each 
188.24  surcharge received under subdivision 6 and section 97A.065, 
188.25  subdivision 2, and the $3 parking surcharge, to the general fund.
188.26     (d) If the Ramsey County Board of Commissioners authorizes 
188.27  imposition of the additional $1 surcharge provided for in 
188.28  subdivision 6, paragraph (a), the court administrator in the 
188.29  Second Judicial District shall withhold $1 from each surcharge 
188.30  collected under subdivision 6.  The court administrator must use 
188.31  the withheld funds solely to fund the petty misdemeanor 
188.32  diversion program administered by the Ramsey County Violations 
188.33  Bureau.  The court administrator must transfer any unencumbered 
188.34  portion of the funds received under this subdivision to the 
188.35  commissioner of finance for distribution according to paragraphs 
188.36  (a) to (c). 
189.1      [EFFECTIVE DATE.] This section is effective July 1, 2005.  
189.2      Sec. 26.  Minnesota Statutes 2004, section 357.18, is 
189.3   amended to read: 
189.4      357.18 [COUNTY RECORDER.] 
189.5      Subdivision 1.  [COUNTY RECORDER FEES.] The fees to be 
189.6   charged by the county recorder shall be as follows and not 
189.7   exceed the following: 
189.8      (1) for indexing and recording any deed or other instrument 
189.9   $1 for each page of an instrument, with a minimum fee of $15 a 
189.10  fee of $46; $10.50 shall be paid to the state treasury and 
189.11  credited to the general fund; $10 shall be deposited in the 
189.12  technology fund pursuant to subdivision 3; and $25.50 to the 
189.13  county general fund; 
189.14     (2) for documents containing multiple assignments, partial 
189.15  releases or satisfactions $10 for each document number or book 
189.16  and page cited a fee of $40; if the document cites more than 
189.17  four recorded instruments, an additional fee of $10 for each 
189.18  additional instrument cited over the first four citations; 
189.19     (3) for certified copies of any records or papers, $1 for 
189.20  each page of an instrument with a minimum fee of $5 $10; 
189.21     (4) for a noncertified copy of any instrument or writing on 
189.22  file or recorded in the office of the county recorder, or any 
189.23  specified page or part of it, an amount as determined by the 
189.24  county board for each page or fraction of a page specified.  If 
189.25  computer or microfilm printers are used to reproduce the 
189.26  instrument or writing, a like amount per image; 
189.27     (5) for an abstract of title, the fees shall be determined 
189.28  by resolution of the county board duly adopted upon the 
189.29  recommendation of the county recorder, and the fees shall not 
189.30  exceed $5 $10 for every entry, $50 $100 for abstract 
189.31  certificate, $1 per page for each exhibit included within an 
189.32  abstract as a part of an abstract entry, and $2 $5 per name for 
189.33  each required name search certification; 
189.34     (5) (6) for a copy of an official plat filed pursuant to 
189.35  section 505.08, the fee shall be $9.50 $10 and an additional 50 
189.36  cents $5 shall be charged for the certification of each plat; 
190.1      (6) (7) for filing an amended floor plan in accordance with 
190.2   chapter 515, an amended condominium plat in accordance with 
190.3   chapter 515A, or a common interest community plat or amendment 
190.4   complying with section 515B.2-110, subsection (c), the fee shall 
190.5   be 50 cents per apartment or unit with a minimum fee of $30 $50; 
190.6      (7) (8) for a copy of a floor plan filed pursuant to 
190.7   chapter 515, a copy of a condominium plat filed in accordance 
190.8   with chapter 515A, or a copy of a common interest community plat 
190.9   complying with section 515B.2-110, subsection (c), the fee shall 
190.10  be $1 for each page of the floor plan, condominium plat or 
190.11  common interest community plat with a minimum fee of $10; 
190.12     (9) for recording any plat, a fee of $56, of which $10.50 
190.13  must be paid to the state treasury and credited to the general 
190.14  fund, $10 must be deposited in the technology fund pursuant to 
190.15  subdivision 3, and $35.50 must be deposited in the county 
190.16  general fund; and 
190.17     (10) for a noncertified copy of any document submitted for 
190.18  recording, if the original document is accompanied by a copy or 
190.19  duplicate original, $2.  Upon receipt of the copy or duplicate 
190.20  original and payment of the fee, a county recorder shall return 
190.21  it marked "copy" or "duplicate," showing the recording date and, 
190.22  if available, the document number assigned to the original. 
190.23     Subd. 1a.  [ABSTRACTING SERVICE FEES.] Fees fixed by or 
190.24  established pursuant to subdivision 1 shall be the maximum fee 
190.25  charged in all counties where the county recorder performs 
190.26  abstracting services and shall be charged by persons authorized 
190.27  to perform abstracting services in county buildings pursuant to 
190.28  section 386.18.  
190.29     Subd. 2.  [FEES FOR RECORDING INSTRUMENTS IN COUNTY 
190.30  RECORDER OFFICE.] Notwithstanding the provisions of any general 
190.31  or special law to the contrary, the fees prescribed by this 
190.32  section shall govern the filing or recording of all instruments 
190.33  in the office of the county recorder established fees pursuant 
190.34  to subdivision 1 shall be the fee charged in all counties for 
190.35  the specified service, other than Uniform Commercial Code 
190.36  documents, and documents filed or recorded pursuant to sections 
191.1   270.69, subdivision 2, paragraph (c), 272.481 to 272.488, 
191.2   277.20, and 386.77. 
191.3      Subd. 3.  [SURCHARGE.] In addition to the fees imposed in 
191.4   subdivision 1, a $4.50 surcharge shall be collected:  on each 
191.5   fee charged under subdivision 1, clauses (1) and (6), and for 
191.6   each abstract certificate under subdivision 1, clause (4).  
191.7   Fifty cents of each surcharge shall be retained by the county to 
191.8   cover its administrative costs and $4 shall be paid to the state 
191.9   treasury and credited to the general fund. 
191.10     Subd. 4.  [EQUIPMENT TECHNOLOGY FUND.] $1 of each The $10 
191.11  fee collected under subdivision 1, clause (1), shall be 
191.12  deposited in an equipment a technology fund to for obtaining, 
191.13  maintaining, and updating current technology and equipment to 
191.14  provide services from the record system.  The fund shall be 
191.15  disbursed at the county recorder's discretion to provide modern 
191.16  information services from the records system.  The fund is a 
191.17  supplemental fund and shall not be construed to diminish the 
191.18  duty of the county governing body to furnish funding for 
191.19  expenses and personnel necessary in the performance of the 
191.20  duties of the office pursuant to section 386.015, subdivision 6, 
191.21  paragraph (a), clause (2), and to comply with the requirements 
191.22  of section 357.182. 
191.23     Subd. 5.  [VARIANCE FROM STANDARDS.] A document that does 
191.24  not should conform to the standards in section 507.093, 
191.25  paragraph (a), shall not be recorded except upon payment of an 
191.26  additional fee of $10 per document but should not be rejected 
191.27  unless the document is not legible or cannot be archived.  This 
191.28  subdivision applies only to documents dated after July 31, 1997, 
191.29  and does not apply to Minnesota uniform conveyancing 
191.30  blanks contained in the book of forms on file in the office of 
191.31  the commissioner of commerce provided for under section 507.09, 
191.32  certified copies, or any other form provided for under Minnesota 
191.33  Statutes. 
191.34     Subd. 6.  [REGISTRAR OF TITLES' FEES.] The fees to be 
191.35  charged by the registrar of titles are in sections 508.82 and 
191.36  508A.82. 
192.1      Sec. 27.  [357.182] [COUNTY FEES AND RECORDING STANDARDS 
192.2   FOR THE RECORDING OF REAL ESTATE DOCUMENTS.] 
192.3      Subdivision 1.  [APPLICATION.] Unless otherwise specified 
192.4   in this section and notwithstanding any other law to the 
192.5   contrary, effective August 1, 2005, this section applies to each 
192.6   county in Minnesota.  Documents presented for recording within 
192.7   60 days after the effective date of this section and that are 
192.8   acknowledged, sworn to before a notary, or certified before the 
192.9   effective date of this section must not be rejected for failure 
192.10  to include the new filing fee. 
192.11     Subd. 2.  [FEE RESTRICTIONS.] Notwithstanding any local law 
192.12  or ordinance to the contrary, no county may charge or collect 
192.13  any fee, special or otherwise, or however described, other than 
192.14  a fee denominated or prescribed by state law, for any service, 
192.15  task, or step performed by any county officer or employee in 
192.16  connection with the receipt, recording, and return of any 
192.17  recordable instrument by the county recorder or registrar of 
192.18  titles, whether received by mail, in person, or by electronic 
192.19  delivery, including, but not limited to, opening mail; handling, 
192.20  transferring, or transporting the instrument; certifying no 
192.21  delinquent property taxes; payment of state deed tax, mortgage 
192.22  registry tax, or conservation fee; recording of approved plats, 
192.23  subdivision splits, or combinations; or any other prerequisites 
192.24  to recording, and returning the instrument by regular mail or in 
192.25  person to the person identified in the instrument for that 
192.26  purpose. 
192.27     Subd. 3.  [RECORDING REQUIREMENTS.] Each county recorder 
192.28  and registrar of titles shall, within 15 business days after any 
192.29  instrument in recordable form accompanied by payment of 
192.30  applicable fees by customary means is delivered to the county 
192.31  for recording or is otherwise received by the county recorder or 
192.32  registrar of titles for that purpose, record and index the 
192.33  instrument in the manner provided by law and return it by 
192.34  regular mail or in person to the person identified in the 
192.35  instrument for that purpose, if the instrument does not require 
192.36  certification of no-delinquent taxes, payment of state deed tax, 
193.1   mortgage registry tax, or conservation fee.  Each county must 
193.2   establish a policy for the timely handling of instruments that 
193.3   require certification of no-delinquent taxes, payment of state 
193.4   deed tax, mortgage registry tax, or conservation fee and that 
193.5   policy may allow up to an additional five business days at the 
193.6   request of the office or offices responsible to complete the 
193.7   payment and certification process. 
193.8      For calendar years 2009 and 2010, the maximum time allowed 
193.9   for completion of the recording process for documents presented 
193.10  in recordable form will be 15 business days. 
193.11     For calendar year 2011 and thereafter, the maximum time 
193.12  allowed for completion of the recording process for documents 
193.13  presented in recordable form will be ten business days. 
193.14     Instruments recorded electronically must be returned no 
193.15  later than five business days after receipt by the county in a 
193.16  recordable format. 
193.17     Subd. 4.  [COMPLIANCE WITH RECORDING REQUIREMENTS.] For 
193.18  calendar year 2007, a county is in compliance with the recording 
193.19  requirements prescribed by subdivision 3 if at least 60 percent 
193.20  of all recordable instruments described in subdivision 3 and 
193.21  received by the county in that year are recorded and returned 
193.22  within the time limits prescribed in subdivision 3.  In calendar 
193.23  year 2008, at least 70 percent of all recordable instruments 
193.24  must be recorded and returned in compliance with the recording 
193.25  requirements; for calendar year 2009, at least 80 percent of all 
193.26  recordable instruments must be recorded and returned in 
193.27  compliance with the recording requirements; and for calendar 
193.28  year 2010 and later years, at least 90 percent of all recordable 
193.29  instruments must be recorded and returned in compliance with the 
193.30  recording requirements. 
193.31     Subd. 5.  [TEMPORARY SUSPENSION OF COMPLIANCE WITH 
193.32  RECORDING REQUIREMENTS.] Compliance with the requirements of 
193.33  subdivision 4 may be suspended for up to six months when a 
193.34  county undertakes material enhancements to its systems for 
193.35  receipt, handling, paying of deed and mortgage tax and 
193.36  conservation fees, recording, indexing, certification, and 
194.1   return of instruments.  The six-month suspension may be extended 
194.2   for up to an additional six months if a county board finds by 
194.3   resolution that the additional time is necessary because of the 
194.4   difficulties of implementing the enhancement. 
194.5      Subd. 6.  [CERTIFICATION OF COMPLIANCE WITH RECORDING 
194.6   REQUIREMENTS.] Effective beginning in 2007 for the 2008 county 
194.7   budget and in each year thereafter, the county recorder and 
194.8   registrar of titles for each county shall file with the county 
194.9   commissioners, as part of their budget request, a report that 
194.10  establishes the status for the previous year of their compliance 
194.11  with the requirements established in subdivision 3.  If the 
194.12  office has not achieved compliance with the recording 
194.13  requirements, the report must include an explanation of the 
194.14  failure to comply, recommendations by the recorder or registrar 
194.15  to cure the noncompliance and to prevent a reoccurrence, and a 
194.16  proposal identifying actions, deadlines, and funding necessary 
194.17  to bring the county into compliance. 
194.18     Subd. 7.  [RESTRICTION ON USE OF RECORDING 
194.19  FEES.] Notwithstanding any law to the contrary, for county 
194.20  budgets adopted after January 1, 2006, each county shall 
194.21  segregate the additional unallocated fee authorized by sections 
194.22  357.18, 508.82, and 508A.82 from the application of the 
194.23  provisions of chapters 386, 507, 508, and 508A, in an 
194.24  appropriate account.  This money is available as authorized by 
194.25  the Board of County Commissioners for supporting enhancements to 
194.26  the recording process, including electronic recording, to fund 
194.27  compliance efforts specified in subdivision 5 and for use in 
194.28  undertaking data integration and aggregation projects.  Money 
194.29  remains in the account until expended for any of the authorized 
194.30  purposes set forth in this subdivision.  This money must not be 
194.31  used to supplant the normal operating expenses for the office of 
194.32  county recorder or registrar of titles. 
194.33     Sec. 28.  Minnesota Statutes 2004, section 505.08, 
194.34  subdivision 2, is amended to read: 
194.35     Subd. 2.  [PUBLIC CERTIFIED COPIES.] The copies of the 
194.36  official plat or of the exact reproducible copy shall be 
195.1   compared and certified to by the county recorder in the manner 
195.2   in which certified copies of records are issued in the 
195.3   recorder's office, and the copy thereof shall be bound in a 
195.4   proper volume for the use of the general public and anyone shall 
195.5   have access to and may inspect such certified copy at their 
195.6   pleasure.  When the plat includes both registered and 
195.7   nonregistered land two copies thereof shall be so certified and 
195.8   bound, one for such general public use in each of the offices of 
195.9   the county recorder and registrar of titles; provided, however, 
195.10  that only one such copy so certified and bound shall be provided 
195.11  for general public use in those counties wherein the office 
195.12  quarters of the county recorder and registrar of titles are one 
195.13  and the same.  When the copy, or any part thereof, shall become 
195.14  unintelligible from use or wear or otherwise, at the request of 
195.15  the county recorder it shall be the duty of the county surveyor 
195.16  to make a reproduction copy of the official plat, or the exact 
195.17  transparent reproducible copy under the direct supervision of 
195.18  the county recorder, who shall compare the copy, certify that it 
195.19  is a correct copy thereof, by proper certificate as above set 
195.20  forth, and it shall be bound in the volume, and under the page, 
195.21  and in the place of the discarded copy.  In counties not having 
195.22  a county surveyor the county recorder shall employ a licensed 
195.23  land surveyor to make such reproduction copy, at the expense of 
195.24  the county.  The county recorder shall receive as a fee for 
195.25  filing these plats, as aforesaid described, 50 cents per lot, 
195.26  but shall receive not less than $30 for any plat filed in the 
195.27  recorder's office pursuant to section 357.18, subdivision 1.  
195.28  Reproductions from the exact transparent reproducible copy shall 
195.29  be available to any person upon request and the cost of such 
195.30  reproductions shall be paid by the person making such request.  
195.31  If a copy of the official plat is requested the county recorder 
195.32  shall prepare it and duly certify that it is a copy of the 
195.33  official plat and the cost of such copy shall be paid by the 
195.34  person making such request. 
195.35     Sec. 29.  Minnesota Statutes 2004, section 508.82, is 
195.36  amended to read: 
196.1      508.82 [REGISTRAR'S REGISTRAR OF TITLES' FEES.] 
196.2      Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
196.3   to charged by the registrar of titles shall be as follows and 
196.4   not exceed the following: 
196.5      (1) of the fees provided herein, five percent $1.50 of the 
196.6   fees collected under clauses (3), (5), (11), (13), (4), (10), 
196.7   (12), (14), (16), and (17), for filing or memorializing shall be 
196.8   paid to the commissioner of finance state treasury pursuant to 
196.9   section 508.75 and credited to the general fund; plus a $4.50 
196.10  surcharge shall be charged and collected in addition to the 
196.11  total fees charged for each transaction under clauses (2), (3), 
196.12  (5), (11), (13), (14), (16), and (17), with 50 cents of this 
196.13  surcharge to be retained by the county to cover its 
196.14  administrative costs, and $4 to be paid to the state treasury 
196.15  and credited to the general fund; 
196.16     (2) for registering a first certificate of title, including 
196.17  issuing a copy of it, $30 $46.  Pursuant to clause (1), 
196.18  distribution of this fee is as follows: 
196.19     (i) $10.50 shall be paid to the state treasury and credited 
196.20  to the general fund; 
196.21     (ii) $10 shall be deposited in the technology fund pursuant 
196.22  to section 357.18, subdivision 3; and 
196.23     (iii) $25.50 shall be deposited in the county general fund; 
196.24     (3) for registering each instrument transferring the fee 
196.25  simple title for which a new certificate of title is issued and 
196.26  for the registration of the new certificate of title, including 
196.27  a copy of it, $30 $46.  Pursuant to clause (1), distribution of 
196.28  this fee is as follows: 
196.29     (i) $12 shall be paid to the state treasury and credited to 
196.30  the general fund; 
196.31     (ii) $10 shall be deposited in the technology fund pursuant 
196.32  to section 357.18, subdivision 3; and 
196.33     (iii) $24 shall be deposited in the county general fund; 
196.34     (4) for issuance of a CECT pursuant to section 508.351, 
196.35  $15; 
196.36     (5) for the entry of each memorial on a 
197.1   certificate, $15 $46.  For multiple certificate entries, $20 
197.2   thereafter.  Pursuant to clause (1), distribution of this fee is 
197.3   as follows: 
197.4      (i) $12 shall be paid to the state treasury and credited to 
197.5   the general fund; 
197.6      (ii) $10 shall be deposited in the technology fund pursuant 
197.7   to section 357.18, subdivision 3; 
197.8      (iii) $24 shall be deposited in the county general fund; 
197.9   and 
197.10     (iv) $20 shall be deposited in the county general fund for 
197.11  each multiple entry used; 
197.12     (6) (5) for issuing each residue certificate, $20 $40; 
197.13     (7) (6) for exchange certificates, $10 $20 for each 
197.14  certificate canceled and $10 $20 for each new certificate 
197.15  issued; 
197.16     (8) (7) for each certificate showing condition of the 
197.17  register, $10 $50; 
197.18     (9) (8) for any certified copy of any instrument or writing 
197.19  on file or recorded in the registrar's registrar of titles' 
197.20  office, the same fees allowed by law to county recorders for 
197.21  like services $10; 
197.22     (10) (9) for a noncertified copy of any certificate of 
197.23  title, other than the copies issued under clauses (2) and (3), 
197.24  any instrument or writing on file or recorded in the office of 
197.25  the registrar of titles, or any specified page or part of it, an 
197.26  amount as determined by the county board for each page or 
197.27  fraction of a page specified.  If computer or microfilm printers 
197.28  are used to reproduce the instrument or writing, a like amount 
197.29  per image; 
197.30     (10) for a noncertified copy of any document submitted for 
197.31  recording, if the original document is accompanied by a copy or 
197.32  duplicate original, $2.  Upon receipt of the copy or duplicate 
197.33  original and payment of the fee, a registrar of titles shall 
197.34  return it marked "copy" or "duplicate," showing the recording 
197.35  date and, if available, the document number assigned to the 
197.36  original; 
198.1      (11) for filing two copies of any plat in the office of the 
198.2   registrar, $30 $56.  Pursuant to clause (1), distribution of 
198.3   this fee is as follows: 
198.4      (i) $12 shall be paid to the state treasury and credited to 
198.5   the general fund; 
198.6      (ii) $10 shall be deposited in the technology fund pursuant 
198.7   to section 357.18, subdivision 3; and 
198.8      (iii) $34 shall be deposited in the county general fund; 
198.9      (12)  for any other service under this chapter, such fee as 
198.10  the court shall determine; 
198.11     (13)  for filing an amendment to a declaration in 
198.12  accordance with chapter 515, $10 $46 for each certificate upon 
198.13  which the document is registered and $30 for multiple 
198.14  certificate entries, $20 thereafter; $56 for an amended floor 
198.15  plan filed in accordance with chapter 515;.  Pursuant to clause 
198.16  (1), distribution of this fee is as follows: 
198.17     (i) $12 shall be paid to the state treasury and credited to 
198.18  the general fund; 
198.19     (ii) $10 shall be deposited in the technology fund pursuant 
198.20  to section 357.18, subdivision 3; 
198.21     (iii) $24 shall be deposited in the county general fund for 
198.22  amendment to a declaration; 
198.23     (iv) $20 shall be deposited in the county general fund for 
198.24  each multiple entry used; and 
198.25     (v) $34 shall be deposited in the county general fund for 
198.26  an amended floor plan; 
198.27     (14) for issuance of a CECT pursuant to section 508.351, 
198.28  $40; 
198.29     (14) (15) for filing an amendment to a common interest 
198.30  community declaration and plat or amendment complying with 
198.31  section 515B.2-110, subsection (c), $10 $46 for each certificate 
198.32  upon which the document is registered and $30 for multiple 
198.33  certificate entries, $20 thereafter and $56 for the filing of 
198.34  the condominium or common interest community plat or amendment.  
198.35  Pursuant to clause (1), distribution of this fee is as follows: 
198.36     (i) $12 shall be paid to the state treasury and credited to 
199.1   the general fund; 
199.2      (ii) $10 shall be deposited in the technology fund pursuant 
199.3   to section 357.18, subdivision 3; 
199.4      (iii) $24 shall be deposited in the county general fund for 
199.5   the filing of an amendment complying with section 515B.2-110, 
199.6   subsection (c); 
199.7      (iv) $20 shall be deposited in the county general fund for 
199.8   each multiple entry used; and 
199.9      (v) $34 shall be deposited in the county general fund for 
199.10  the filing of a condominium or CIC plat or amendment; 
199.11     (15) (16) for a copy of a condominium floor plan filed in 
199.12  accordance with chapter 515, or a copy of a common interest 
199.13  community plat complying with section 515B.2-110, subsection 
199.14  (c), the fee shall be $1 for each page of the floor plan or 
199.15  common interest community plat with a minimum fee of $10; 
199.16     (16) (17) for the filing of a certified copy of a plat of 
199.17  the survey pursuant to section 508.23 or 508.671, $10 $46.  
199.18  Pursuant to clause (1), distribution of this fee is as follows: 
199.19     (i) $12 shall be paid to the state treasury and credited to 
199.20  the general fund; 
199.21     (ii) $10 shall be deposited in the technology fund pursuant 
199.22  to section 357.18, subdivision 3; and 
199.23     (iii) $24 shall be deposited in the county general fund; 
199.24     (17) (18) for filing a registered land survey in triplicate 
199.25  in accordance with section 508.47, subdivision 4, $30 $56.  
199.26  Pursuant to clause (1), distribution of this fee is as follows: 
199.27     (i) $12 shall be paid to the state treasury and credited to 
199.28  the general fund; 
199.29     (ii) $10 shall be deposited in the technology fund pursuant 
199.30  to section 357.18, subdivision 3; and 
199.31     (iii) $34 shall be deposited in the county general fund; 
199.32  and 
199.33     (18) (19) for furnishing a certified copy of a registered 
199.34  land survey in accordance with section 508.47, subdivision 
199.35  4, $10 $15. 
199.36     Subd. 1a.  [FEES FOR RECORDING INSTRUMENTS WITH REGISTRAR 
200.1   OF TITLES' OFFICE.] Notwithstanding the provisions of any 
200.2   general or special law to the contrary, and pursuant to section 
200.3   357.182, the established fees pursuant to subdivision 1 shall be 
200.4   the fee charged in all counties for the specified service, other 
200.5   than Uniform Commercial Code documents and documents filed or 
200.6   recorded pursuant to sections 270.69, subdivision 2, paragraph 
200.7   (c); 272.481 to 272.488; 277.20; and 386.77. 
200.8      Subd. 2.  [VARIANCE FROM STANDARDS.] A document that does 
200.9   not should conform to the standards in section 507.093, 
200.10  paragraph (a), shall not be filed except upon payment of an 
200.11  additional fee of $10 per document but should not be rejected 
200.12  unless the document is not legible or cannot be archived.  This 
200.13  subdivision applies only to documents dated after July 31, 1997, 
200.14  and does not apply to Minnesota uniform conveyancing 
200.15  blanks contained in the book of forms on file in the office of 
200.16  the commissioner of commerce provided for under section 507.09, 
200.17  certified copies, or any other form provided for under Minnesota 
200.18  Statutes. 
200.19     Sec. 30.  Minnesota Statutes 2004, section 508A.82, is 
200.20  amended to read: 
200.21     508A.82 [REGISTRAR'S REGISTRAR OF TITLES' FEES.] 
200.22     Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
200.23  to charged by the registrar of titles shall be as follows and 
200.24  not exceed the following:  
200.25     (1) of the fees provided herein, five percent $1.50 of the 
200.26  fees collected under clauses (3), (5), (11), (13), (14) (15), 
200.27  and (17), (18) for filing or memorializing shall be paid to the 
200.28  commissioner of finance state treasury pursuant to section 
200.29  508.75 and credited to the general fund; plus a $4.50 surcharge 
200.30  shall be charged and collected in addition to the total fees 
200.31  charged for each transaction under clauses (2), (3), (5), (11), 
200.32  (13), (14), and (17), with 50 cents of this surcharge to be 
200.33  retained by the county to cover its administrative costs, and $4 
200.34  to be paid to the state treasury and credited to the general 
200.35  fund; 
200.36     (2) for registering a first CPT, including issuing a copy 
201.1   of it, $30; $46.  Pursuant to clause (1), distribution of the 
201.2   fee is as follows: 
201.3      (i) $10.50 shall be paid to the state treasury and credited 
201.4   to the general fund; 
201.5      (ii) $10 shall be deposited in the technology fund pursuant 
201.6   to section 357.18, subdivision 3; and 
201.7      (iii) $25.50 shall be deposited in the county general fund; 
201.8      (3) for registering each instrument transferring the fee 
201.9   simple title for which a new CPT is issued and for the 
201.10  registration of the new CPT, including a copy of it, $30; $46.  
201.11  Pursuant to clause (1), distribution of the fee is as follows: 
201.12     (i) $12 shall be paid to the state treasury and credited to 
201.13  the general fund; 
201.14     (ii) $10 shall be deposited in the technology fund pursuant 
201.15  to section 357.18, subdivision 3; and 
201.16     (iii) $24 shall be deposited in the county general fund; 
201.17     (4) for issuance of a CECT pursuant to section 508A.351, 
201.18  $15; 
201.19     (5) for the entry of each memorial on a CPT, $15; $46; for 
201.20  multiple certificate entries, $20 thereafter.  Pursuant to 
201.21  clause (1), distribution of the fee is as follows: 
201.22     (i) $12 shall be paid to the state treasury and credited to 
201.23  the general fund; 
201.24     (ii) $10 shall be deposited in the technology fund pursuant 
201.25  to section 357.18, subdivision 3; 
201.26     (iii) $24 shall be deposited in the county general fund; 
201.27  and 
201.28     (iv) $20 shall be deposited in the county general fund for 
201.29  each multiple entry used; 
201.30     (6) for issuing each residue CPT, $20 $40; 
201.31     (7) for exchange CPTs or combined certificates of title, 
201.32  $10 $20 for each CPT and certificate of title canceled and 
201.33  $10 $20 for each new CPT or combined certificate of title 
201.34  issued; 
201.35     (8) for each CPT showing condition of the 
201.36  register, $10 $50; 
202.1      (9) for any certified copy of any instrument or writing on 
202.2   file or recorded in the registrar's registrar of titles' office, 
202.3   the same fees allowed by law to county recorders for like 
202.4   services $10; 
202.5      (10) for a noncertified copy of any CPT, other than the 
202.6   copies issued under clauses (2) and (3), any instrument or 
202.7   writing on file or recorded in the office of the registrar of 
202.8   titles, or any specified page or part of it, an amount as 
202.9   determined by the county board for each page or fraction of a 
202.10  page specified.  If computer or microfilm printers are used to 
202.11  reproduce the instrument or writing, a like amount per image; 
202.12     (11) for a noncertified copy of any document submitted for 
202.13  recording, if the original document is accompanied by a copy or 
202.14  duplicate original, $2.  Upon receipt of the copy or duplicate 
202.15  original and payment of the fee, a registrar of titles shall 
202.16  return it marked "copy" or "duplicate," showing the recording 
202.17  date and, if available, the document number assigned to the 
202.18  original; 
202.19     (12) for filing two copies of any plat in the office of the 
202.20  registrar, $30; $56.  Pursuant to clause (1), distribution of 
202.21  the fee is as follows: 
202.22     (i) $12 shall be paid to the state treasury and credited to 
202.23  the general fund; 
202.24     (ii) $10 shall be deposited in the technology fund pursuant 
202.25  to section 357.18, subdivision 3; and 
202.26     (iii) $34 shall be deposited in the county general fund; 
202.27     (12) (13) for any other service under sections 508A.01 to 
202.28  508A.85, the fee the court shall determine; 
202.29     (13) (14) for filing an amendment to a declaration in 
202.30  accordance with chapter 515, $10 $46 for each certificate upon 
202.31  which the document is registered and $30 for multiple 
202.32  certificate entries, $20 thereafter; $56 for an amended floor 
202.33  plan filed in accordance with chapter 515;.  Pursuant to clause 
202.34  (1), distribution of the fee is as follows: 
202.35     (i) $12 shall be paid to the state treasury and credited to 
202.36  the general fund; 
203.1      (ii) $10 shall be deposited in the technology fund pursuant 
203.2   to section 357.18, subdivision 3; 
203.3      (iii) $24 shall be deposited in the county general fund for 
203.4   amendment to a declaration; 
203.5      (iv) $20 shall be deposited in the county general fund for 
203.6   each multiple entry used; and 
203.7      (v) $34 shall be deposited in the county general fund for 
203.8   an amended floor plan; 
203.9      (14) (15) for issuance of a CECT pursuant to section 
203.10  508.351, $40; 
203.11     (16) for filing an amendment to a common interest community 
203.12  declaration and plat or amendment complying with section 
203.13  515B.2-110, subsection (c), and issuing a CECT if 
203.14  required, $10 $46 for each certificate upon which the document 
203.15  is registered and $30 for multiple certificate entries, $20 
203.16  thereafter; $56 for the filing of the condominium or common 
203.17  interest community plat or amendment;.  Pursuant to clause (1), 
203.18  distribution of the fee is as follows: 
203.19     (i) $12 shall be paid to the state treasury and credited to 
203.20  the general fund; 
203.21     (ii) $10 shall be deposited in the technology fund pursuant 
203.22  to section 357.18, subdivision 3; 
203.23     (iii) $24 shall be deposited in the county general fund for 
203.24  the filing of an amendment complying with section 515B.2-110, 
203.25  subsection (c); 
203.26     (iv) $20 shall be deposited in the county general fund for 
203.27  each multiple entry used; and 
203.28     (v) $34 shall be deposited in the county general fund for 
203.29  the filing of a condominium or CIC plat or amendment; 
203.30     (15) (17) for a copy of a condominium floor plan filed in 
203.31  accordance with chapter 515, or a copy of a common interest 
203.32  community plat complying with section 515B.2-110, subsection 
203.33  (c), the fee shall be $1 for each page of the floor plan, or 
203.34  common interest community plat with a minimum fee of $10; 
203.35     (16) (18) in counties in which the compensation of the 
203.36  examiner of titles is paid in the same manner as the 
204.1   compensation of other county employees, for each parcel of land 
204.2   contained in the application for a CPT, as the number of parcels 
204.3   is determined by the examiner, a fee which is reasonable and 
204.4   which reflects the actual cost to the county, established by the 
204.5   board of county commissioners of the county in which the land is 
204.6   located; 
204.7      (17) (19) for filing a registered land survey in triplicate 
204.8   in accordance with section 508A.47, subdivision 4, $30; and $56. 
204.9   Pursuant to clause (1), distribution of the fee is as follows: 
204.10     (i) $12 shall be paid to the state treasury and credited to 
204.11  the general fund; 
204.12     (ii) $10 shall be deposited in the technology fund pursuant 
204.13  to section 357.18, subdivision 3; and 
204.14     (iii) $34 shall be deposited in the county general fund; 
204.15  and 
204.16     (18) (20) for furnishing a certified copy of a registered 
204.17  land survey in accordance with section 508A.47, subdivision 
204.18  4, $10 $15. 
204.19     Subd. 1a.  [FEES TO RECORD INSTRUMENTS WITH REGISTRAR OF 
204.20  TITLES.] Notwithstanding any special law to the contrary, and 
204.21  pursuant to section 357.182, the established fees pursuant to 
204.22  subdivision 1 shall be the fee charged in all counties for the 
204.23  specified service, other than Uniform Commercial Code documents, 
204.24  and documents filed or recorded pursuant to sections 270.69, 
204.25  subdivision 2, paragraph (c); 272.481 to 272.488; 277.20; and 
204.26  386.77.  
204.27     Subd. 2.  [VARIANCE FROM STANDARDS.] A document that does 
204.28  not should conform to the standards in section 507.093, 
204.29  paragraph (a), shall not be filed except upon payment of an 
204.30  additional fee of $10 per document but should not be rejected 
204.31  unless the document is not legible or cannot be archived.  This 
204.32  subdivision applies only to documents dated after July 31, 1997, 
204.33  and does not apply to Minnesota uniform conveyancing 
204.34  blanks contained in the book of forms on file in the office of 
204.35  the commissioner of commerce provided for under section 507.09, 
204.36  certified copies, or any other form provided for under Minnesota 
205.1   Statutes. 
205.2      Sec. 31.  Minnesota Statutes 2004, section 515B.1-116, is 
205.3   amended to read: 
205.4      515B.1-116 [RECORDING.] 
205.5      (a) A declaration, bylaws, any amendment to a declaration 
205.6   or bylaws, and any other instrument affecting a common interest 
205.7   community shall be entitled to be recorded.  In those counties 
205.8   which have a tract index, the county recorder shall enter the 
205.9   declaration in the tract index for each unit affected.  The 
205.10  registrar of titles shall file the declaration in accordance 
205.11  with section 508.351 or 508A.351. 
205.12     (b) The recording officer shall upon request promptly 
205.13  assign a number (CIC number) to a common interest community to 
205.14  be formed or to a common interest community resulting from the 
205.15  merger of two or more common interest communities. 
205.16     (c) Documents recorded pursuant to this chapter shall in 
205.17  the case of registered land be filed, and references to the 
205.18  recording of documents shall mean filed in the case of 
205.19  registered land. 
205.20     (d) Subject to any specific requirements of this chapter, 
205.21  if a recorded document relating to a common interest community 
205.22  purports to require a certain vote or signatures approving any 
205.23  restatement or amendment of the document by a certain number or 
205.24  percentage of unit owners or secured parties, and if the 
205.25  amendment or restatement is to be recorded pursuant to this 
205.26  chapter, an affidavit of the president or secretary of the 
205.27  association stating that the required vote or signatures have 
205.28  been obtained shall be attached to the document to be recorded 
205.29  and shall constitute prima facie evidence of the representations 
205.30  contained therein. 
205.31     (e) If a common interest community is located on registered 
205.32  land, the recording fee for any document affecting two or more 
205.33  units shall be the then-current fee for registering the document 
205.34  on the certificates of title for the first ten affected 
205.35  certificates and one-third of the then-current fee for each 
205.36  additional affected certificate $40 for the first ten affected 
206.1   certificates and $10 for each additional affected certificate.  
206.2   This provision shall not apply to recording fees for deeds of 
206.3   conveyance, with the exception of deeds given pursuant to 
206.4   sections 515B.2-119 and 515B.3-112. 
206.5      (f) Except as permitted under this subsection, a recording 
206.6   officer shall not file or record a declaration creating a new 
206.7   common interest community, unless the county treasurer has 
206.8   certified that the property taxes payable in the current year 
206.9   for the real estate included in the proposed common interest 
206.10  community have been paid.  This certification is in addition to 
206.11  the certification for delinquent taxes required by section 
206.12  272.12.  In the case of preexisting common interest communities, 
206.13  the recording officer shall accept, file, and record the 
206.14  following instruments, without requiring a certification as to 
206.15  the current or delinquent taxes on any of the units in the 
206.16  common interest community:  (i) a declaration subjecting the 
206.17  common interest community to this chapter; (ii) a declaration 
206.18  changing the form of a common interest community pursuant to 
206.19  section 515B.2-123; or (iii) an amendment to or restatement of 
206.20  the declaration, bylaws, or CIC plat.  In order for an 
206.21  instrument to be accepted and recorded under the preceding 
206.22  sentence, the instrument must not create or change unit or 
206.23  common area boundaries. 
206.24     Sec. 32.  Minnesota Statutes 2004, section 604.15, 
206.25  subdivision 2, is amended to read: 
206.26     Subd. 2.  [ACTS CONSTITUTING.] (a) The owner of a vehicle 
206.27  that receives motor fuel that was not paid for is liable to the 
206.28  retailer for the price of the motor fuel received and a service 
206.29  charge of up to $20, or the actual costs of collection not to 
206.30  exceed $30.  This charge may be imposed immediately upon the 
206.31  mailing of the notice under subdivision 3, if notice of the 
206.32  service charge was conspicuously displayed on the premises from 
206.33  which the motor fuel was received.  The notice must include a 
206.34  statement that additional civil penalties will be imposed if 
206.35  payment is not received within 30 days.  Only one service charge 
206.36  may be imposed under this paragraph for each incident.  If a law 
207.1   enforcement agency obtains payment for the motor fuel on behalf 
207.2   of the retailer, the service charge may be retained by the law 
207.3   enforcement agency for its expenses.  
207.4      (b) If the price of the motor fuel received is not paid 
207.5   within 30 days after the retailer has mailed notice under 
207.6   subdivision 3, the owner is liable to the retailer for the price 
207.7   of the motor fuel received, the service charge as provided in 
207.8   paragraph (a), plus a civil penalty not to exceed $100 or the 
207.9   price of the motor fuel, whichever is greater.  In determining 
207.10  the amount of the penalty, the court shall consider the amount 
207.11  of the fuel taken and the reason for the nonpayment.  The 
207.12  retailer shall also be entitled to: 
207.13     (1) interest at the legal rate for judgments under section 
207.14  549.09 from the date of nonpayment; and 
207.15     (2) reasonable attorney fees, but not to exceed $500. 
207.16     The civil penalty may not be imposed until 30 days after 
207.17  the mailing of the notice under subdivision 3.  
207.18     [EFFECTIVE DATE.] This section is effective July 1, 2005, 
207.19  and applies to acts committed on or after that date. 
207.20     Sec. 33.  Minnesota Statutes 2004, section 604.15, is 
207.21  amended by adding a subdivision to read: 
207.22     Subd. 5.  [NOT A BAR TO CRIMINAL LIABILITY.] Civil 
207.23  liability under this section does not preclude criminal 
207.24  liability under applicable law. 
207.25     [EFFECTIVE DATE.] This section is effective the day 
207.26  following final enactment. 
207.27     Sec. 34.  [HOMELESSNESS PILOT PROJECTS; GRANTS.] 
207.28     Subdivision 1.  [GRANTS.] The commissioner of public 
207.29  safety, in consultation with the director of ending long-term 
207.30  homelessness, the Ending Long-Term Homelessness Advisory 
207.31  Council, and the Department of Human Services Office of Economic 
207.32  Opportunity, shall award grants for homeless outreach and to 
207.33  provide a bridge to stable housing and services.  The 
207.34  commissioner shall award grants to qualified applicants in 
207.35  Hennepin County, Ramsey County, and one county outside the 
207.36  seven-county metropolitan area.  An entity outside the 
208.1   seven-county metropolitan area receiving a grant under this 
208.2   section shall provide a 25 percent match.  An entity within the 
208.3   seven-county metropolitan area receiving a grant under this 
208.4   section shall provide a 50 percent match.  Grants must be used 
208.5   for homelessness pilot projects of a two-year duration that 
208.6   reduce recidivism and promote stronger communities through 
208.7   street and shelter outreach to connect people experiencing 
208.8   homelessness to housing and services.  
208.9      Subd. 2.  [APPLICATIONS.] An applicant for a grant under 
208.10  subdivision 1 must establish that: 
208.11     (1) the applicant is experienced in homeless outreach 
208.12  services and will have staff qualified to work with people with 
208.13  serious mental illness, chemical dependency, and other factors 
208.14  contributing to homelessness; 
208.15     (2) the applicant employs outreach staff who are trained 
208.16  and qualified to work with racially and culturally diverse 
208.17  populations; 
208.18     (3) outreach services will be targeted to, but not limited 
208.19  to, people experiencing long-term homelessness, and people who 
208.20  have had repeated interactions with law enforcement; 
208.21     (4) outreach services will provide intervention strategies 
208.22  linking people to housing and services as an alternative to 
208.23  arrest; 
208.24     (5) the applicant has a plan to connect people experiencing 
208.25  homelessness to services for which they may be eligible such as 
208.26  supplemental security income, veterans benefits, health care, 
208.27  housing assistance, and long-term support programs for those 
208.28  with serious mental illness; 
208.29     (6) the applicant's project will promote community 
208.30  collaboration with local law enforcement, local and county 
208.31  governments, social services providers, mental health crisis 
208.32  providers, and other community organizations to address 
208.33  homelessness; 
208.34     (7) the applicant has a plan to leverage resources from the 
208.35  entities listed in clause (6) and other private sources to 
208.36  accomplish the goal of moving people into housing and services; 
209.1   and 
209.2      (8) the applicant has a plan for evaluation of the 
209.3   applicant's pilot project that is designed to measure the 
209.4   program's effectiveness in connecting people experiencing 
209.5   homelessness to housing and services and reducing the use of 
209.6   public safety and corrections resources.  
209.7      Subd. 3.  [ANNUAL REPORT.] Grant recipients shall report to 
209.8   the commissioner by June 30, 2006, and June 30, 2007, on the 
209.9   services provided, expenditures of grant money, and an 
209.10  evaluation of the program's success in:  (1) connecting 
209.11  individuals experiencing homelessness to housing and services; 
209.12  and (2) reducing the use of public safety and corrections 
209.13  resources.  The commissioner shall submit reports to the chairs 
209.14  and ranking minority members of the house of representatives and 
209.15  senate committees having jurisdiction over public safety and 
209.16  health and human services by November 1, 2006, and November 1, 
209.17  2007.  The commissioner's reports must explain how the grant 
209.18  proceeds were used and evaluate the effectiveness of the pilot 
209.19  projects funded by the grants. 
209.20     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
209.21     Sec. 35.  [SPECIAL REVENUE SPENDING AUTHORIZATION FROM 
209.22  CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.] 
209.23     Remaining balances in the special revenue fund from 
209.24  spending authorized by Laws 2001, First Special Session chapter 
209.25  8, article 7, section 14, subdivision 1, for which spending 
209.26  authorization ended June 30, 2003, under Laws 2001, First 
209.27  Special Session chapter 8, article 7, section 14, subdivision 3, 
209.28  are transferred to the general fund. 
209.29     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
209.30     Sec. 36.  [MCF-FARIBAULT DEDICATION OF SPACE.] 
209.31     While planning, designing, and constructing new facilities 
209.32  on the campus of the Minnesota Correctional Facility in 
209.33  Faribault, the commissioner of corrections shall designate a 
209.34  space on the campus sufficient in size to build one additional 
209.35  prison building.  This space must be preserved and designated 
209.36  for the benefit of Rice County for the future construction of a 
210.1   county correctional facility.  
210.2      [EFFECTIVE DATE.] This section is effective the day 
210.3   following final enactment and expires on July 1, 2015. 
210.4      Sec. 37.  [REPEALER.] 
210.5      (a) Minnesota Statutes 2004, sections 299A.68; and 299C.65, 
210.6   subdivisions 3, 4, 6, 7, 8, 8a, and 9, are repealed. 
210.7      (b) Minnesota Statutes 2004, section 386.30, is repealed. 
210.8      [EFFECTIVE DATE.] This section is effective July 1, 2005.