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; 16C.09; 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; 609.487,
2.3 	by adding a subdivision; 609.50, subdivision 1;
2.4 	609.527, subdivisions 1, 3, 4, 6, by adding a
2.5 	subdivision; 609.531, subdivision 1; 609.5315,
2.6 	subdivision 1, by adding a subdivision; 609.746,
2.7 	subdivision 1; 609.748, subdivisions 2, 3a; 609.749,
2.8 	subdivision 2; 609.79, subdivision 2; 609.795, by
2.9 	adding a subdivision; 617.81, subdivision 4, by adding
2.10 	a subdivision; 617.85; 626.556, subdivision 3; 628.26;
2.11 	631.045; proposing coding for new law in Minnesota
2.12 	Statutes, chapters 152; 237; 243; 244; 299A; 299C;
2.13 	325F; 357; 403; 609; repealing Minnesota Statutes
2.14 	2004, sections 18C.005, subdivisions 1a, 35a; 18C.201,
2.15 	subdivisions 6, 7; 18D.331, subdivision 5; 243.166,
2.16 	subdivisions 1, 8; 299A.68; 299C.65, subdivisions 3,
2.17 	4, 6, 7, 8, 8a, 9; 386.30; 403.30, subdivision 3;
2.18 	609.106, subdivision 2; 609.108, subdivision 2;
2.19 	609.109, subdivision 7; 609.725.
2.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.21 	ARTICLE 1
2.22 	PUBLIC SAFETY APPROPRIATIONS

2.23 	Section 1. APPROPRIATIONS.
 2.24 	The sums shown in the columns marked "APPROPRIATIONS" are
2.25 	added to or, if shown in parentheses, are subtracted from the
2.26 	appropriations to the specified agencies in 2005 S.F. No. 1879,
2.27 	article 9, if enacted.  The appropriations are from the general
2.28 	fund, unless another fund is named, and are available for the
2.29 	fiscal year indicated for each purpose.  The figures "2006" and
2.30 	"2007," where used in this article, mean that the additions to
2.31 	or subtractions from the appropriations listed under them are
2.32 	for the fiscal year ending June 30, 2006, or June 30, 2007,
2.33 	respectively.  The term "first year" means the fiscal year
2.34 	ending June 30, 2006, and the term "second year" means the
2.35 	fiscal year ending June 30, 2007.
2.36 	SUMMARY BY FUND
2.37 	2006          2007           TOTAL
2.38 	GENERAL              $ 46,268,000    $52,239,000   $ 98,507,000
2.39 	STATE GOVERNMENT
2.40 	SPECIAL REVENUE        16,368,000     16,688,000     33,056,000
2.41 	SPECIAL REVENUE         1,400,000      1,400,000      2,800,000
2.42 	BOND PROCEEDS          62,500,000        -0-         62,500,000
2.43 	TOTAL                $126,536,000    $70,327,000   $196,863,000
2.44 	APPROPRIATIONS
2.45 	                                       Available for the Year
2.46 	                                           Ending June 30
2.47 	                                          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 15.

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 609.106 609.185 
12.26 	must not be given supervised release under this section.  An
12.27 	inmate serving a mandatory life sentence under section 609.185,
12.28 	clause (1), (3), (5), or (6); or 609.109, subdivision 2a 3, must
12.29 	not be given supervised release under this section without
12.30 	having 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 609.109or 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 	paragraph (b);section 609.109; or 609.3455, a person convicted
21.13 	under subdivision 1 may be sentenced to imprisonment for not
21.14 	more than 25 years or to a payment of a fine of not more than
21.15 	$35,000, or 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 609.109or 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 609.109or 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 609.109or 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 243.166in 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 243.16or 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 	(d) A health care facility that receives notice under this
69.10 	subdivision that a predatory offender has been admitted to the
69.11 	facility shall notify other patients at the facility of this
69.12 	fact.  If the facility determines that notice to a patient is
69.13 	not appropriate given the patient's medical, emotional, or
69.14 	mental status, the facility shall notify the patient's next of
69.15 	kin or emergency contact.
69.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
69.17 	and applies to persons who are subject to predatory offender
69.18 	registration on or after that date.

69.19 	Sec. 5. [244.056] SEX OFFENDER SEEKING HOUSING IN
69.20 	JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.
69.21 	If a corrections agency supervising an offender who is
69.22 	required to register as a predatory offender under section
69.23 	243.166 and who is classified by the department as a public risk
69.24 	monitoring case has knowledge that the offender is seeking
69.25 	housing arrangements in a location under the jurisdiction of
69.26 	another corrections agency, the agency shall notify the other
69.27 	agency of this and initiate a supervision transfer request.

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

69.29 	Sec. 6. [244.057] PLACEMENT OF SEX OFFENDER IN HOUSEHOLD
69.30 	WITH CHILDREN.
69.31 	A corrections agency supervising an offender required to
69.32 	register as a predatory offender under section 243.166 shall
69.33 	notify the appropriate child protection agency before
69.34 	authorizing the offender to live in a household where children
69.35 	are residing.

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

70.1 	Sec. 7. Minnesota Statutes 2004, section 609.3452,
70.2 	subdivision 1, is amended to read:
70.3 		Subdivision 1.Assessment required.  When a person is
70.4 	convicted of a sex offense, the court shall order an independent
70.5 	professional assessment of the offender's need for sex offender
70.6 	treatment to be completed before sentencing.  The court may
70.7 	waive the assessment if:  (1) the Sentencing Guidelines provide
70.8 	a presumptive prison sentence for the offender, or (2) an
70.9 	adequate assessment was conducted prior to the conviction.  An
70.10 	assessor providing an assessment for the court must be
70.11 	experienced in the evaluation and treatment of sex offenders.
70.12 	
EFFECTIVE DATE. This section is effective August 1, 2005.

70.13 	Sec. 8. Minnesota Statutes 2004, section 626.556,
70.14 	subdivision 3, is amended to read:
70.15 		Subd. 3.Persons mandated to report.  (a) A person who
70.16 	knows or has reason to believe a child is being neglected or
70.17 	physically or sexually abused, as defined in subdivision 2, or
70.18 	has been neglected or physically or sexually abused within the
70.19 	preceding three years, shall immediately report the information
70.20 	to the local welfare agency, agency responsible for assessing or
70.21 	investigating the report, police department, or the county
70.22 	sheriff if the person is:
70.23 	(1) a professional or professional's delegate who is
70.24 	engaged in the practice of the healing arts, social services,
70.25 	hospital administration, psychological or psychiatric treatment,
70.26 	child care, education, correctional supervision,or law
70.27 	enforcement; or
70.28 	(2) employed as a member of the clergy and received the
70.29 	information while engaged in ministerial duties, provided that a
70.30 	member of the clergy is not required by this subdivision to
70.31 	report information that is otherwise privileged under section
70.32 	595.02, subdivision 1, paragraph (c).
70.33 	The police department or the county sheriff, upon receiving
70.34 	a report, shall immediately notify the local welfare agency or
70.35 	agency responsible for assessing or investigating the report,
70.36 	orally and in writing.  The local welfare agency, or agency
71.1 	responsible for assessing or investigating the report, upon
71.2 	receiving a report, shall immediately notify the local police
71.3 	department or the county sheriff orally and in writing.  The
71.4 	county sheriff and the head of every local welfare agency,
71.5 	agency responsible for assessing or investigating reports, and
71.6 	police department shall each designate a person within their
71.7 	agency, department, or office who is responsible for ensuring
71.8 	that the notification duties of this paragraph and paragraph (b)
71.9 	are carried out.  Nothing in this subdivision shall be construed
71.10 	to require more than one report from any institution, facility,
71.11 	school, or agency.
71.12 	(b) Any person may voluntarily report to the local welfare
71.13 	agency, agency responsible for assessing or investigating the
71.14 	report, police department, or the county sheriff if the person
71.15 	knows, has reason to believe, or suspects a child is being or
71.16 	has been neglected or subjected to physical or sexual abuse.
71.17 	The police department or the county sheriff, upon receiving a
71.18 	report, shall immediately notify the local welfare agency or
71.19 	agency responsible for assessing or investigating the report,
71.20 	orally and in writing.  The local welfare agency or agency
71.21 	responsible for assessing or investigating the report, upon
71.22 	receiving a report, shall immediately notify the local police
71.23 	department or the county sheriff orally and in writing.
71.24 	(c) A person mandated to report physical or sexual child
71.25 	abuse or neglect occurring within a licensed facility shall
71.26 	report the information to the agency responsible for licensing
71.27 	the facility under sections 144.50 to 144.58; 241.021; 245A.01
71.28 	to 245A.16; or chapter 245B; or a nonlicensed personal care
71.29 	provider organization as defined in sections 256B.04,
71.30 	subdivision 16; and 256B.0625, subdivision 19.  A health or
71.31 	corrections agency receiving a report may request the local
71.32 	welfare agency to provide assistance pursuant to subdivisions
71.33 	10, 10a, and 10b.  A board or other entity whose licensees
71.34 	perform work within a school facility, upon receiving a
71.35 	complaint of alleged maltreatment, shall provide information
71.36 	about the circumstances of the alleged maltreatment to the
72.1 	commissioner of education.  Section 13.03, subdivision 4,
72.2 	applies to data received by the commissioner of education from a
72.3 	licensing entity.
72.4 	(d) Any person mandated to report shall receive a summary
72.5 	of the disposition of any report made by that reporter,
72.6 	including whether the case has been opened for child protection
72.7 	or other services, or if a referral has been made to a community
72.8 	organization, unless release would be detrimental to the best
72.9 	interests of the child.  Any person who is not mandated to
72.10 	report shall, upon request to the local welfare agency, receive
72.11 	a concise summary of the disposition of any report made by that
72.12 	reporter, unless release would be detrimental to the best
72.13 	interests of the child.
72.14 	(e) For purposes of this subdivision, "immediately" means
72.15 	as soon as possible but in no event longer than 24 hours.
72.16 	
EFFECTIVE DATE. This section is effective August 1, 2005.

72.17 	Sec. 9. WORKING GROUP ON SEX OFFENDER MANAGEMENT.
 72.18 		Subdivision 1.Working group established. The
72.19 	commissioner of corrections shall convene a working group of
72.20 	individuals knowledgeable in the supervision and treatment of
72.21 	sex offenders.  The group must include individuals from both
72.22 	inside and outside of the Department of Corrections.  The
72.23 	commissioner shall ensure broad representation in the group,
72.24 	including representatives from all three probation systems and
72.25 	from diverse parts of the state.  The working group shall study
72.26 	and make recommendations on the issues listed in this section.
72.27 	To the degree feasible, the group shall consider how these
72.28 	issues are addressed in other states.
72.29 		Subd. 2.Issues to be studied. The working group shall
72.30 	review and make recommendations on:
72.31 	(1) statewide standards regarding the minimum frequency of
72.32 	in-person contacts between sex offenders and their correctional
72.33 	agents, including, but not limited to, home visits;
72.34 	(2) a model set of special conditions of sex offender
72.35 	supervision that can be used by courts and corrections agencies
72.36 	throughout Minnesota;
73.1 	(3) statewide standards regarding the documentation by
73.2 	correctional agents of their supervision activities;
73.3 	(4) standards to provide corrections agencies with guidance
73.4 	regarding sex offender assessment practices;
73.5 	(5) policies that encourage sentencing conditions and
73.6 	prison release plans to clearly distinguish between sex offender
73.7 	treatment programs and other types of programs and services and
73.8 	to clearly specify which type of program the offender is
73.9 	required to complete;
73.10 	(6) ways to improve the Department of Corrections' prison
73.11 	release planning practices for sex offenders, including sex
73.12 	offenders with chemical dependency needs or mental health needs;
73.13 	(7) methods and timetables for periodic external reviews of
73.14 	sex offender supervision practices;
73.15 	(8) statewide standards for the use of polygraphs by
73.16 	corrections agencies and sex offender treatment programs;
73.17 	(9) statewide standards specifying basic program elements
73.18 	for community-based sex offender treatment programs, including,
73.19 	but not limited to, staff qualifications, case planning, use of
73.20 	polygraphs, and progress reports prepared for supervising
73.21 	agencies;
73.22 	(10) a statewide protocol on the sharing of sex offender
73.23 	information between corrections agencies and child protection
73.24 	agencies in situations where offenders are placed in households
73.25 	where children reside;
73.26 	(11) best practices for supervising sex offenders such as
73.27 	intensive supervised release, specialized caseloads, and other
73.28 	innovative methods, ideal caseload sizes for supervising agents,
73.29 	and methods to implement this in a manner that does not
73.30 	negatively impact the supervision of other types of offenders;
73.31 	and 
73.32 	(12) any other issues related to sex offender treatment and
73.33 	management that the working group deems appropriate.
73.34 		Subd. 3.Review of new laws. The working group shall
73.35 	also review the provisions of any laws enacted in 2005 relating
73.36 	to sex offender supervision and treatment.  The group shall make
74.1 	recommendations on whether any changes to these provisions
74.2 	should be considered by the legislature.
74.3 		Subd. 4.Report. By February 15, 2006, the working group
74.4 	shall report its recommendations to the chairs and ranking
74.5 	minority members of the senate and house committees having
74.6 	jurisdiction over criminal justice policy.
74.7 		Subd. 5.Policies required. After considering the
74.8 	recommendations of the working group, the commissioner of
74.9 	corrections shall implement policies and standards relating to
74.10 	the issues described in subdivision 2 over which the
74.11 	commissioner has jurisdiction.
74.12 	
EFFECTIVE DATE. This section is effective the day
74.13 	following final enactment.

74.14 	Sec. 10. PRISON-BASED SEX OFFENDER TREATMENT PROGRAMS;
74.15 	REPORT.
 74.16 	By February 15, 2006, the commissioner of corrections shall
74.17 	report to the chairs and ranking minority members of the senate
74.18 	and house committees having jurisdiction over criminal justice
74.19 	policy on prison-based sex offender treatment programs.  The
74.20 	report must:
74.21 	(1) examine options for increasing the number of inmates
74.22 	participating in these programs;
74.23 	(2) examine the adequacy of funding for these programs;
74.24 	(3) examine options for treating inmates who have limited
74.25 	periods of time remaining in their terms of imprisonment;
74.26 	(4) examine the merits and limitations of extending an
74.27 	inmate's term of imprisonment for refusing to participate in
74.28 	treatment; and 
74.29 	(5) examine any other related issues deemed relevant by the
74.30 	commissioner.

74.31 	ARTICLE 5
74.32 	SEX OFFENDERS:
74.33 	TECHNICAL AND CONFORMING CHANGES

74.34 	Section 1. Minnesota Statutes 2004, section 14.03,
74.35 	subdivision 3, is amended to read:
74.36 		Subd. 3.Rulemaking procedures.  (a) The definition of a
75.1 	rule in section 14.02, subdivision 4, does not include:
75.2 	(1) rules concerning only the internal management of the
75.3 	agency or other agencies that do not directly affect the rights
75.4 	of or procedures available to the public;
75.5 	(2) an application deadline on a form; and the remainder of
75.6 	a form and instructions for use of the form to the extent that
75.7 	they do not impose substantive requirements other than
75.8 	requirements contained in statute or rule;
75.9 	(3) the curriculum adopted by an agency to implement a
75.10 	statute or rule permitting or mandating minimum educational
75.11 	requirements for persons regulated by an agency, provided the
75.12 	topic areas to be covered by the minimum educational
75.13 	requirements are specified in statute or rule;
75.14 	(4) procedures for sharing data among government agencies,
75.15 	provided these procedures are consistent with chapter 13 and
75.16 	other law governing data practices.
75.17 	(b) The definition of a rule in section 14.02, subdivision
75.18 	4, does not include:
75.19 	(1) rules of the commissioner of corrections relating to
75.20 	the release,placement, term,and supervision of inmates serving
75.21 	a supervised release or conditional release term, the internal
75.22 	management of institutions under the commissioner's control, and
75.23 	rules adopted under section 609.105 governing the inmates of
75.24 	those institutions;
75.25 	(2) rules relating to weight limitations on the use of
75.26 	highways when the substance of the rules is indicated to the
75.27 	public by means of signs;
75.28 	(3) opinions of the attorney general;
75.29 	(4) the data element dictionary and the annual data
75.30 	acquisition calendar of the Department of Education to the
75.31 	extent provided by section 125B.07;
75.32 	(5) the occupational safety and health standards provided
75.33 	in section 182.655;
75.34 	(6) revenue notices and tax information bulletins of the
75.35 	commissioner of revenue;
75.36 	(7) uniform conveyancing forms adopted by the commissioner
76.1 	of commerce under section 507.09; or
76.2 	(8) the interpretive guidelines developed by the
76.3 	commissioner of human services to the extent provided in chapter
76.4 	245A.
76.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
76.6 	and applies to crimes committed on or after that date.

76.7 	Sec. 2. Minnesota Statutes 2004, section 244.05,
76.8 	subdivision 7, is amended to read:
76.9 		Subd. 7.Sex offenders; civil commitment determination.
 76.10 	(a) Before the commissioner releases from prison any inmate
76.11 	convicted under sections section 609.342 to , 609.343, 609.344,
76.12 	609.345, or 609.3453,or sentenced as a patterned offender under
76.13 	section 609.108, and determined by the commissioner to be in a
76.14 	high risk category, the commissioner shall make a preliminary
76.15 	determination whether, in the commissioner's opinion, a petition
76.16 	under section 253B.185 may be appropriate.
76.17 	(b) In making this decision, the commissioner shall have
76.18 	access to the following data only for the purposes of the
76.19 	assessment and referral decision:
76.20 	(1) private medical data under section 13.384 or 144.335,
76.21 	or welfare data under section 13.46 that relate to medical
76.22 	treatment of the offender;
76.23 	(2) private and confidential court services data under
76.24 	section 13.84;
76.25 	(3) private and confidential corrections data under section
76.26 	13.85; and
76.27 	(4) private criminal history data under section 13.87.
76.28 	(c) If the commissioner determines that a petition may be
76.29 	appropriate, the commissioner shall forward this determination,
76.30 	along with a summary of the reasons for the determination, to
76.31 	the county attorney in the county where the inmate was convicted
76.32 	no later than 12 months before the inmate's release date.  If
76.33 	the inmate is received for incarceration with fewer than 12
76.34 	months remaining in the inmate's term of imprisonment, or if the
76.35 	commissioner receives additional information less than 12 months
76.36 	before release which makes the inmate's case appropriate for
77.1 	referral, the commissioner shall forward the determination as
77.2 	soon as is practicable.  Upon receiving the commissioner's
77.3 	preliminary determination, the county attorney shall proceed in
77.4 	the manner provided in section 253B.185.  The commissioner shall
77.5 	release to the county attorney all requested documentation
77.6 	maintained by the department.
77.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
77.8 	and applies to crimes committed on or after that date.

77.9 	Sec. 3. Minnesota Statutes 2004, section 244.052,
77.10 	subdivision 3, is amended to read:
77.11 		Subd. 3.End-of-confinement review committee.  (a) The
77.12 	commissioner of corrections shall establish and administer
77.13 	end-of-confinement review committees at each state correctional
77.14 	facility and at each state treatment facility where predatory
77.15 	offenders are confined.  The committees shall assess on a
77.16 	case-by-case basis the public risk posed by predatory offenders
77.17 	who are about to be released from confinement.
77.18 	(b) Each committee shall be a standing committee and shall
77.19 	consist of the following members appointed by the commissioner:
77.20 	(1) the chief executive officer or head of the correctional
77.21 	or treatment facility where the offender is currently confined,
77.22 	or that person's designee;
77.23 	(2) a law enforcement officer;
77.24 	(3) a treatment professional who is trained in the
77.25 	assessment of sex offenders;
77.26 	(4) a caseworker experienced in supervising sex offenders;
77.27 	and
77.28 	(5) a victim's services professional.
77.29 	Members of the committee, other than the facility's chief
77.30 	executive officer or head, shall be appointed by the
77.31 	commissioner to two-year terms.  The chief executive officer or
77.32 	head of the facility or designee shall act as chair of the
77.33 	committee and shall use the facility's staff, as needed, to
77.34 	administer the committee, obtain necessary information from
77.35 	outside sources, and prepare risk assessment reports on
77.36 	offenders.
78.1 	(c) The committee shall have access to the following data
78.2 	on a predatory offender only for the purposes of its assessment
78.3 	and to defend the committee's risk assessment determination upon
78.4 	administrative review under this section:
78.5 	(1) private medical data under section 13.384 or 144.335,
78.6 	or welfare data under section 13.46 that relate to medical
78.7 	treatment of the offender;
78.8 	(2) private and confidential court services data under
78.9 	section 13.84;
78.10 	(3) private and confidential corrections data under section
78.11 	13.85; and
78.12 	(4) private criminal history data under section 13.87.
78.13 	Data collected and maintained by the committee under this
78.14 	paragraph may not be disclosed outside the committee, except as
78.15 	provided under section 13.05, subdivision 3 or 4.  The predatory
78.16 	offender has access to data on the offender collected and
78.17 	maintained by the committee, unless the data are confidential
78.18 	data received under this paragraph.
78.19 	(d)(i) Except as otherwise provided in item items (ii),
78.20 	(iii), and (iv), at least 90 days before a predatory offender is
78.21 	to be released from confinement, the commissioner of corrections
78.22 	shall convene the appropriate end-of-confinement review
78.23 	committee for the purpose of assessing the risk presented by the
78.24 	offender and determining the risk level to which the offender
78.25 	shall be assigned under paragraph (e).  The offender and the law
78.26 	enforcement agency that was responsible for the charge resulting
78.27 	in confinement shall be notified of the time and place of the
78.28 	committee's meeting.  The offender has a right to be present and
78.29 	be heard at the meeting.  The law enforcement agency may provide
78.30 	material in writing that is relevant to the offender's risk
78.31 	level to the chair of the committee.  The committee shall use
78.32 	the risk factors described in paragraph (g) and the risk
78.33 	assessment scale developed under subdivision 2 to determine the
78.34 	offender's risk assessment score and risk level.  Offenders
78.35 	scheduled for release from confinement shall be assessed by the
78.36 	committee established at the facility from which the offender is
79.1 	to be released.
79.2 	(ii) If an offender is received for confinement in a
79.3 	facility with less than 90 days remaining in the offender's term
79.4 	of confinement, the offender's risk shall be assessed at the
79.5 	first regularly scheduled end of confinement review committee
79.6 	that convenes after the appropriate documentation for the risk
79.7 	assessment is assembled by the committee.  The commissioner
79.8 	shall make reasonable efforts to ensure that offender's risk is
79.9 	assessed and a risk level is assigned or reassigned at least 30
79.10 	days before the offender's release date.
79.11 	(iii) If the offender is subject to a mandatory life
79.12 	sentence under section 609.342, subdivision 2, paragraph (b), or
79.13 	609.3455, the commissioner of corrections shall convene the
79.14 	appropriate end-of-confinement review committee at least nine
79.15 	months before the offender's minimum term of imprisonment has
79.16 	been served.  If the offender is received for confinement in a
79.17 	facility with less than nine months remaining before the
79.18 	offender's minimum term of imprisonment has been served, the
79.19 	committee shall conform its procedures to those outlined in item
79.20 	(ii) to the extent practicable.
79.21 	(iv) If the offender is granted supervised release, the
79.22 	commissioner of corrections shall notify the appropriate
79.23 	end-of-confinement review committee that it needs to review the
79.24 	offender's previously determined risk level at its next
79.25 	regularly scheduled meeting.  The commissioner shall make
79.26 	reasonable efforts to ensure that the offender's earlier risk
79.27 	level determination is reviewed and the risk level is confirmed
79.28 	or reassigned at least 60 days before the offender's release
79.29 	date.  The committee shall give the report to the offender and
79.30 	to the law enforcement agency at least 60 days before an
79.31 	offender is released from confinement.
79.32 	(e) The committee shall assign to risk level I a predatory
79.33 	offender whose risk assessment score indicates a low risk of
79.34 	reoffense.  The committee shall assign to risk level II an
79.35 	offender whose risk assessment score indicates a moderate risk
79.36 	of reoffense.  The committee shall assign to risk level III an
80.1 	offender whose risk assessment score indicates a high risk of
80.2 	reoffense.
80.3 	(f) Before the predatory offender is released from
80.4 	confinement, the committee shall prepare a risk assessment
80.5 	report which specifies the risk level to which the offender has
80.6 	been assigned and the reasons underlying the committee's risk
80.7 	assessment decision. Except for an offender subject to a
80.8 	mandatory life sentence under section 609.342, subdivision 2,
80.9 	paragraph (b), or 609.3455, who has not been granted supervised
80.10 	release,the committee shall give the report to the offender and
80.11 	to the law enforcement agency at least 60 days before an
80.12 	offender is released from confinement. If the offender is
80.13 	subject to a mandatory life sentence and has not yet served the
80.14 	entire minimum term of imprisonment, the committee shall give
80.15 	the report to the offender and to the commissioner at least six
80.16 	months before the offender is first eligible for release.If
80.17 	the risk assessment is performed under the circumstances
80.18 	described in paragraph (d), item (ii), the report shall be given
80.19 	to the offender and the law enforcement agency as soon as it is
80.20 	available.  The committee also shall inform the offender of the
80.21 	availability of review under subdivision 6.
80.22 	(g) As used in this subdivision, "risk factors" includes,
80.23 	but is not limited to, the following factors:
80.24 	(1) the seriousness of the offense should the offender
80.25 	reoffend.  This factor includes consideration of the following:
80.26 	(i) the degree of likely force or harm;
80.27 	(ii) the degree of likely physical contact; and
80.28 	(iii) the age of the likely victim;
80.29 	(2) the offender's prior offense history.  This factor
80.30 	includes consideration of the following:
80.31 	(i) the relationship of prior victims to the offender;
80.32 	(ii) the number of prior offenses or victims;
80.33 	(iii) the duration of the offender's prior offense history;
80.34 	(iv) the length of time since the offender's last prior
80.35 	offense while the offender was at risk to commit offenses; and
80.36 	(v) the offender's prior history of other antisocial acts;
81.1 	(3) the offender's characteristics.  This factor includes
81.2 	consideration of the following:
81.3 	(i) the offender's response to prior treatment efforts; and
81.4 	(ii) the offender's history of substance abuse;
81.5 	(4) the availability of community supports to the offender.
81.6 	This factor includes consideration of the following:
81.7 	(i) the availability and likelihood that the offender will
81.8 	be involved in therapeutic treatment;
81.9 	(ii) the availability of residential supports to the
81.10 	offender, such as a stable and supervised living arrangement in
81.11 	an appropriate location;
81.12 	(iii) the offender's familial and social relationships,
81.13 	including the nature and length of these relationships and the
81.14 	level of support that the offender may receive from these
81.15 	persons; and
81.16 	(iv) the offender's lack of education or employment
81.17 	stability;
81.18 	(5) whether the offender has indicated or credible evidence
81.19 	in the record indicates that the offender will reoffend if
81.20 	released into the community; and
81.21 	(6) whether the offender demonstrates a physical condition
81.22 	that minimizes the risk of reoffense, including but not limited
81.23 	to, advanced age or a debilitating illness or physical condition.
81.24 	(h) Upon the request of the law enforcement agency or the
81.25 	offender's corrections agent, the commissioner may reconvene the
81.26 	end-of-confinement review committee for the purpose of
81.27 	reassessing the risk level to which an offender has been
81.28 	assigned under paragraph (e).  In a request for a reassessment,
81.29 	the law enforcement agency which was responsible for the charge
81.30 	resulting in confinement or agent shall list the facts and
81.31 	circumstances arising after the initial assignment or facts and
81.32 	circumstances known to law enforcement or the agent but not
81.33 	considered by the committee under paragraph (e) which support
81.34 	the request for a reassessment.  The request for reassessment by
81.35 	the law enforcement agency must occur within 30 days of receipt
81.36 	of the report indicating the offender's risk level assignment.
82.1 	The offender's corrections agent, in consultation with the chief
82.2 	law enforcement officer in the area where the offender resides
82.3 	or intends to reside, may request a review of a risk level at
82.4 	any time if substantial evidence exists that the offender's risk
82.5 	level should be reviewed by an end-of-confinement review
82.6 	committee.  This evidence includes, but is not limited to,
82.7 	evidence of treatment failures or completions, evidence of
82.8 	exceptional crime-free community adjustment or lack of
82.9 	appropriate adjustment, evidence of substantial community need
82.10 	to know more about the offender or mitigating circumstances that
82.11 	would narrow the proposed scope of notification, or other
82.12 	practical situations articulated and based in evidence of the
82.13 	offender's behavior while under supervision.  Upon review of the
82.14 	request, the end-of-confinement review committee may reassign an
82.15 	offender to a different risk level.  If the offender is
82.16 	reassigned to a higher risk level, the offender has the right to
82.17 	seek review of the committee's determination under subdivision 6.
82.18 	(i) An offender may request the end-of-confinement review
82.19 	committee to reassess the offender's assigned risk level after
82.20 	three years have elapsed since the committee's initial risk
82.21 	assessment and may renew the request once every two years
82.22 	following subsequent denials.  In a request for reassessment,
82.23 	the offender shall list the facts and circumstances which
82.24 	demonstrate that the offender no longer poses the same degree of
82.25 	risk to the community.  In order for a request for a risk level
82.26 	reduction to be granted, the offender must demonstrate full
82.27 	compliance with supervised release conditions, completion of
82.28 	required post-release treatment programming, and full compliance
82.29 	with all registration requirements as detailed in section
82.30 	243.166.  The offender must also not have been convicted of any
82.31 	felony, gross misdemeanor, or misdemeanor offenses subsequent to
82.32 	the assignment of the original risk level.  The committee shall
82.33 	follow the process outlined in paragraphs (a) to (c) in the
82.34 	reassessment.  An offender who is incarcerated may not request a
82.35 	reassessment under this paragraph.
82.36 	(j) Offenders returned to prison as release violators shall
83.1 	not have a right to a subsequent risk reassessment by the
83.2 	end-of-confinement review committee unless substantial evidence
83.3 	indicates that the offender's risk to the public has increased.
83.4 	(k) The commissioner shall establish an end-of-confinement
83.5 	review committee to assign a risk level to offenders who are
83.6 	released from a federal correctional facility in Minnesota or
83.7 	another state and who intend to reside in Minnesota, and to
83.8 	offenders accepted from another state under a reciprocal
83.9 	agreement for parole supervision under the interstate compact
83.10 	authorized by section 243.16.  The committee shall make
83.11 	reasonable efforts to conform to the same timelines as applied
83.12 	to Minnesota cases.  Offenders accepted from another state under
83.13 	a reciprocal agreement for probation supervision are not
83.14 	assigned a risk level, but are considered downward dispositional
83.15 	departures.  The probation or court services officer and law
83.16 	enforcement officer shall manage such cases in accordance with
83.17 	section 244.10, subdivision 2a.  The policies and procedures of
83.18 	the committee for federal offenders and interstate compact cases
83.19 	must be in accordance with all requirements as set forth in this
83.20 	section, unless restrictions caused by the nature of federal or
83.21 	interstate transfers prevents such conformance.
83.22 	(l) If the committee assigns a predatory offender to risk
83.23 	level III, the committee shall determine whether residency
83.24 	restrictions shall be included in the conditions of the
83.25 	offender's release based on the offender's pattern of offending
83.26 	behavior.
83.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
83.28 	and applies to crimes committed on or after that date.

83.29 	Sec. 4. Minnesota Statutes 2004, section 609.109,
83.30 	subdivision 2, is amended to read:
83.31 		Subd. 2.Presumptive executed sentence.  Except as
83.32 	provided in subdivision 3 or 4, if a person is convicted under
83.33 	sections 609.342 to 609.345 609.3453, within 15 years of a
83.34 	previous sex offense conviction, the court shall commit the
83.35 	defendant to the commissioner of corrections for not less than
83.36 	three years, nor more than the maximum sentence provided by law
84.1 	for the offense for which convicted, notwithstanding the
84.2 	provisions of sections 242.19, 243.05, 609.11, 609.12, and
84.3 	609.135.  The court may stay the execution of the sentence
84.4 	imposed under this subdivision only if it finds that a
84.5 	professional assessment indicates the offender is accepted by
84.6 	and can respond to treatment at a long-term inpatient program
84.7 	exclusively treating sex offenders and approved by the
84.8 	commissioner of corrections.  If the court stays the execution
84.9 	of a sentence, it shall include the following as conditions of
84.10 	probation:
84.11 	(1) incarceration in a local jail or workhouse; and
84.12 	(2) a requirement that the offender successfully complete
84.13 	the treatment program and aftercare as directed by the court.
84.14 	
EFFECTIVE DATE. This section is effective August 1, 2005,
84.15 	and applies to crimes committed on or after that date.

84.16 	Sec. 5. Minnesota Statutes 2004, section 609.109,
84.17 	subdivision 5, is amended to read:
84.18 		Subd. 5.Previous sex offense convictions.  For the
84.19 	purposes of this section, a conviction is considered a previous
84.20 	sex offense conviction if the person was convicted of a sex
84.21 	offense before the commission of the present offense of
84.22 	conviction.  A person has two previous sex offense convictions
84.23 	only if the person was convicted and sentenced for a sex offense
84.24 	committed after the person was earlier convicted and sentenced
84.25 	for a sex offense, both convictions preceded the commission of
84.26 	the present offense of conviction, and 15 years have not elapsed
84.27 	since the person was discharged from the sentence imposed for
84.28 	the second conviction.  A "sex offense" is a violation of
84.29 	sections 609.342 to 609.345 609.3453 or any similar statute of
84.30 	the United States, this state, or any other state.
84.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
84.32 	and applies to crimes committed on or after that date.

84.33 	Sec. 6. Minnesota Statutes 2004, section 609.115, is
84.34 	amended by adding a subdivision to read:
84.35 		Subd. 2a.Indeterminate and mandatory life sentences;
84.36 	sentencing worksheet. If the defendant has been convicted of a
85.1 	felony crime for which any type of indeterminate sentence or
85.2 	mandatory life sentence is provided by law, the court shall
85.3 	cause a sentencing worksheet as provided in subdivision 1,
85.4 	paragraph (e), to be completed and forwarded to the Minnesota
85.5 	Sentencing Guidelines Commission.

85.6 	Sec. 7. Minnesota Statutes 2004, section 609.117,
85.7 	subdivision 1, is amended to read:
85.8 		Subdivision 1.Upon sentencing.  The court shall order an
85.9 	offender to provide a biological specimen for the purpose of DNA
85.10 	analysis as defined in section 299C.155 when:
85.11 	(1) the court sentences a person charged with violating or
85.12 	attempting to violate any of the following, and the person is
85.13 	convicted of that offense or of any offense arising out of the
85.14 	same set of circumstances:
85.15 	(i) murder under section 609.185, 609.19, or 609.195;
85.16 	(ii) manslaughter under section 609.20 or 609.205;
85.17 	(iii) assault under section 609.221, 609.222, or 609.223;
85.18 	(iv) robbery under section 609.24 or aggravated robbery
85.19 	under section 609.245;
85.20 	(v) kidnapping under section 609.25;
85.21 	(vi) false imprisonment under section 609.255;
85.22 	(vii) criminal sexual conduct under section 609.342,
85.23 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
85.24 	609.3453;
85.25 	(viii) incest under section 609.365;
85.26 	(ix) burglary under section 609.582, subdivision 1; or
85.27 	(x) indecent exposure under section 617.23, subdivision 3;
85.28 	(2) the court sentences a person as a patterned sex
85.29 	offender under section 609.108; or
85.30 	(3) the juvenile court adjudicates a person a delinquent
85.31 	child who is the subject of a delinquency petition for violating
85.32 	or attempting to violate any of the following, and the
85.33 	delinquency adjudication is based on a violation of one of those
85.34 	sections or of any offense arising out of the same set of
85.35 	circumstances:
85.36 	(i) murder under section 609.185, 609.19, or 609.195;
86.1 	(ii) manslaughter under section 609.20 or 609.205;
86.2 	(iii) assault under section 609.221, 609.222, or 609.223;
86.3 	(iv) robbery under section 609.24 or aggravated robbery
86.4 	under section 609.245;
86.5 	(v) kidnapping under section 609.25;
86.6 	(vi) false imprisonment under section 609.255;
86.7 	(vii) criminal sexual conduct under section 609.342,
86.8 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
86.9 	609.3453;
86.10 	(viii) incest under section 609.365;
86.11 	(ix) burglary under section 609.582, subdivision 1; or
86.12 	(x) indecent exposure under section 617.23, subdivision 3.
86.13 	The biological specimen or the results of the analysis shall be
86.14 	maintained by the Bureau of Criminal Apprehension as provided in
86.15 	section 299C.155.
86.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
86.17 	and applies to crimes committed on or after that date.

86.18 	Sec. 8. Minnesota Statutes 2004, section 609.117,
86.19 	subdivision 2, is amended to read:
86.20 		Subd. 2.Before release.  The commissioner of corrections
86.21 	or local corrections authority shall order a person to provide a
86.22 	biological specimen for the purpose of DNA analysis before
86.23 	completion of the person's term of imprisonment when the person
86.24 	has not provided a biological specimen for the purpose of DNA
86.25 	analysis and the person:
86.26 	(1) is currently serving a term of imprisonment for or has
86.27 	a past conviction for violating or attempting to violate any of
86.28 	the following or a similar law of another state or the United
86.29 	States or initially charged with violating one of the following
86.30 	sections or a similar law of another state or the United States
86.31 	and convicted of another offense arising out of the same set of
86.32 	circumstances:
86.33 	(i) murder under section 609.185, 609.19, or 609.195;
86.34 	(ii) manslaughter under section 609.20 or 609.205;
86.35 	(iii) assault under section 609.221, 609.222, or 609.223;
86.36 	(iv) robbery under section 609.24 or aggravated robbery
87.1 	under section 609.245;
87.2 	(v) kidnapping under section 609.25;
87.3 	(vi) false imprisonment under section 609.255;
87.4 	(vii) criminal sexual conduct under section 609.342,
87.5 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
87.6 	609.3453;
87.7 	(viii) incest under section 609.365;
87.8 	(ix) burglary under section 609.582, subdivision 1; or
87.9 	(x) indecent exposure under section 617.23, subdivision 3;
87.10 	or
87.11 	(2) was sentenced as a patterned sex offender under section
87.12 	609.108, and committed to the custody of the commissioner of
87.13 	corrections; or
87.14 	(3) is serving a term of imprisonment in this state under a
87.15 	reciprocal agreement although convicted in another state of an
87.16 	offense described in this subdivision or a similar law of the
87.17 	United States or any other state.  The commissioner of
87.18 	corrections or local corrections authority shall forward the
87.19 	sample to the Bureau of Criminal Apprehension.
87.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
87.21 	and applies to crimes committed on or after that date.

87.22 	Sec. 9. Minnesota Statutes 2004, section 609.1351, is
87.23 	amended to read:
87.24 	609.1351 PETITION FOR CIVIL COMMITMENT.
87.25 	When a court sentences a person under section 609.108,
87.26 	609.342, 609.343, 609.344, or 609.345, or 609.3453,the court
87.27 	shall make a preliminary determination whether in the court's
87.28 	opinion a petition under section 253B.185 may be appropriate and
87.29 	include the determination as part of the sentencing order.  If
87.30 	the court determines that a petition may be appropriate, the
87.31 	court shall forward its preliminary determination along with
87.32 	supporting documentation to the county attorney.

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

87.35 	Sec. 10. Minnesota Statutes 2004, section 609.347, is
87.36 	amended to read:
88.1 	609.347 EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.
88.2 	Subdivision 1.  In a prosecution under sections 609.109or ,
88.3 	609.342 to 609.3451, or 609.3453, the testimony of a victim need
88.4 	not be corroborated.
88.5 	Subd. 2.  In a prosecution under sections 609.109or ,
88.6 	609.342 to 609.3451, or 609.3453,there is no need to show that
88.7 	the victim resisted the accused.
88.8 	Subd. 3.  In a prosecution under sections 609.109, 609.342
88.9 	to 609.3451, 609.3453,or 609.365, evidence of the victim's
88.10 	previous sexual conduct shall not be admitted nor shall any
88.11 	reference to such conduct be made in the presence of the jury,
88.12 	except by court order under the procedure provided in
88.13 	subdivision 4.  The evidence can be admitted only if the
88.14 	probative value of the evidence is not substantially outweighed
88.15 	by its inflammatory or prejudicial nature and only in the
88.16 	circumstances set out in paragraphs (a) and (b).  For the
88.17 	evidence to be admissible under paragraph (a), subsection (i),
88.18 	the judge must find by a preponderance of the evidence that the
88.19 	facts set out in the accused's offer of proof are true.  For the
88.20 	evidence to be admissible under paragraph (a), subsection (ii)
88.21 	or paragraph (b), the judge must find that the evidence is
88.22 	sufficient to support a finding that the facts set out in the
88.23 	accused's offer of proof are true, as provided under Rule 901 of
88.24 	the Rules of Evidence.
88.25 	(a) When consent of the victim is a defense in the case,
88.26 	the following evidence is admissible:
88.27 	(i) evidence of the victim's previous sexual conduct
88.28 	tending to establish a common scheme or plan of similar sexual
88.29 	conduct under circumstances similar to the case at issue.  In
88.30 	order to find a common scheme or plan, the judge must find that
88.31 	the victim made prior allegations of sexual assault which were
88.32 	fabricated; and
88.33 	(ii) evidence of the victim's previous sexual conduct with
88.34 	the accused.
88.35 	(b) When the prosecution's case includes evidence of semen,
88.36 	pregnancy, or disease at the time of the incident or, in the
89.1 	case of pregnancy, between the time of the incident and trial,
89.2 	evidence of specific instances of the victim's previous sexual
89.3 	conduct is admissible solely to show the source of the semen,
89.4 	pregnancy, or disease.
89.5 	Subd. 4.  The accused may not offer evidence described in
89.6 	subdivision 3 except pursuant to the following procedure:
89.7 	(a) A motion shall be made by the accused at least three
89.8 	business days prior to trial, unless later for good cause shown,
89.9 	setting out with particularity the offer of proof of the
89.10 	evidence that the accused intends to offer, relative to the
89.11 	previous sexual conduct of the victim;
89.12 	(b) If the court deems the offer of proof sufficient, the
89.13 	court shall order a hearing out of the presence of the jury, if
89.14 	any, and in such hearing shall allow the accused to make a full
89.15 	presentation of the offer of proof;
89.16 	(c) At the conclusion of the hearing, if the court finds
89.17 	that the evidence proposed to be offered by the accused
89.18 	regarding the previous sexual conduct of the victim is
89.19 	admissible under subdivision 3 and that its probative value is
89.20 	not substantially outweighed by its inflammatory or prejudicial
89.21 	nature, the court shall make an order stating the extent to
89.22 	which evidence is admissible.  The accused may then offer
89.23 	evidence pursuant to the order of the court;
89.24 	(d) If new information is discovered after the date of the
89.25 	hearing or during the course of trial, which may make evidence
89.26 	described in subdivision 3 admissible, the accused may make an
89.27 	offer of proof pursuant to clause (a) and the court shall order
89.28 	an in camera hearing to determine whether the proposed evidence
89.29 	is admissible by the standards herein.
89.30 	Subd. 5.  In a prosecution under sections 609.109or ,
89.31 	609.342 to 609.3451, or 609.3453, the court shall not instruct
89.32 	the jury to the effect that:
89.33 	(a) It may be inferred that a victim who has previously
89.34 	consented to sexual intercourse with persons other than the
89.35 	accused would be therefore more likely to consent to sexual
89.36 	intercourse again; or
90.1 	(b) The victim's previous or subsequent sexual conduct in
90.2 	and of itself may be considered in determining the credibility
90.3 	of the victim; or
90.4 	(c) Criminal sexual conduct is a crime easily charged by a
90.5 	victim but very difficult to disprove by an accused because of
90.6 	the heinous nature of the crime; or
90.7 	(d) The jury should scrutinize the testimony of the victim
90.8 	any more closely than it should scrutinize the testimony of any
90.9 	witness in any felony prosecution.
90.10 	Subd. 6.  (a) In a prosecution under sections 609.109or ,
90.11 	609.342 to 609.3451, or 609.3453,involving a psychotherapist
90.12 	and patient, evidence of the patient's personal or medical
90.13 	history is not admissible except when:
90.14 	(1) the accused requests a hearing at least three business
90.15 	days prior to trial and makes an offer of proof of the relevancy
90.16 	of the history; and
90.17 	(2) the court finds that the history is relevant and that
90.18 	the probative value of the history outweighs its prejudicial
90.19 	value.
90.20 	(b) The court shall allow the admission only of specific
90.21 	information or examples of conduct of the victim that are
90.22 	determined by the court to be relevant.  The court's order shall
90.23 	detail the information or conduct that is admissible and no
90.24 	other evidence of the history may be introduced.
90.25 	(c) Violation of the terms of the order is grounds for
90.26 	mistrial but does not prevent the retrial of the accused.
90.27 		Subd. 7.Effect of statute on rules. Rule 412 of the
90.28 	Rules of Evidence is superseded to the extent of its conflict
90.29 	with this section.
90.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
90.31 	and applies to crimes committed on or after that date.

90.32 	Sec. 11. Minnesota Statutes 2004, section 609.3471, is
90.33 	amended to read:
90.34 	609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
90.35 	CONFIDENTIAL.
90.36 	Notwithstanding any provision of law to the contrary, no
91.1 	data contained in records or reports relating to petitions,
91.2 	complaints, or indictments issued pursuant to section 609.342;,
91.3 	609.343;,609.344; or ,609.345, or 609.3453,which
91.4 	specifically identifies a victim who is a minor shall be
91.5 	accessible to the public, except by order of the court.  Nothing
91.6 	in this section authorizes denial of access to any other data
91.7 	contained in the records or reports, including the identity of
91.8 	the defendant.

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

91.11 	Sec. 12. Minnesota Statutes 2004, section 609.348, is
91.12 	amended to read:
91.13 	609.348 MEDICAL PURPOSES; EXCLUSION.
91.14 	Sections 609.109and ,609.342 to 609.3451, and 609.3453do
91.15 	not apply to sexual penetration or sexual contact when done for
91.16 	a bona fide medical purpose.

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

91.19 	Sec. 13. Minnesota Statutes 2004, section 609.353, is
91.20 	amended to read:
91.21 	609.353 JURISDICTION.
91.22 	A violation or attempted violation of section 609.342,
91.23 	609.343, 609.344, 609.345, 609.3451, 609.3453,or 609.352 may be
91.24 	prosecuted in any jurisdiction in which the violation originates
91.25 	or terminates.

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

91.28 	Sec. 14. Minnesota Statutes 2004, section 631.045, is
91.29 	amended to read:
91.30 	631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.
91.31 	At the trial of a complaint or indictment for a violation
91.32 	of sections 609.109, 609.341 to 609.3451, 609.3453,or 617.246,
91.33 	subdivision 2, when a minor under 18 years of age is the person
91.34 	upon, with, or against whom the crime is alleged to have been
91.35 	committed, the judge may exclude the public from the courtroom
91.36 	during the victim's testimony or during all or part of the
92.1 	remainder of the trial upon a showing that closure is necessary
92.2 	to protect a witness or ensure fairness in the trial.  The judge
92.3 	shall give the prosecutor, defendant and members of the public
92.4 	the opportunity to object to the closure before a closure order.
92.5 	The judge shall specify the reasons for closure in an order
92.6 	closing all or part of the trial.  Upon closure the judge shall
92.7 	only admit persons who have a direct interest in the case.

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

92.10 	Sec. 15. REVISOR INSTRUCTION.
 92.11 	(a) The revisor of statutes shall renumber Minnesota
92.12 	Statutes, section 609.3452, as Minnesota Statutes, section
92.13 	609.3457, and correct cross-references.  In addition, the
92.14 	revisor shall delete the reference in Minnesota Statutes,
92.15 	section 13.871, subdivision 3, paragraph (d), to Minnesota
92.16 	Statutes, section 609.3452, and insert a reference to Minnesota
92.17 	Statutes, section 609.3457.  The revisor shall include a
92.18 	notation in Minnesota Statutes to inform readers of the statutes
92.19 	of the renumbering of Minnesota Statutes, section 609.3457.
92.20 	(b) In addition to the specific changes described in
92.21 	paragraph (a), the revisor of statutes shall make other
92.22 	technical changes necessitated by this act.

92.23 	ARTICLE 6
92.24 	CONTROLLED SUBSTANCES PROVISIONS

92.25 	Section 1. Minnesota Statutes 2004, section 152.01,
92.26 	subdivision 10, is amended to read:
92.27 		Subd. 10.Narcotic drug.  "Narcotic drug" means any of
92.28 	the following, whether produced directly or indirectly by
92.29 	extraction from substances of vegetable origin, or independently
92.30 	by means of chemical synthesis, or by a combination of
92.31 	extraction and chemical synthesis:
92.32 	(1) opium, coca leaves, and opiates, and methamphetamine;
92.33 	(2) a compound, manufacture, salt, derivative, or
92.34 	preparation of opium, coca leaves, or opiates, or
92.35 	methamphetamine;
92.36 	(3) a substance, and any compound, manufacture, salt,
93.1 	derivative, or preparation thereof, which is chemically
93.2 	identical with any of the substances referred to in clauses (1)
93.3 	and (2), except that the words "narcotic drug" as used in this
93.4 	chapter shall not include decocainized coca leaves or extracts
93.5 	of coca leaves, which extracts do not contain cocaine or
93.6 	ecgonine.
93.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
93.8 	and applies to crimes committed on or after that date.

93.9 	Sec. 2. Minnesota Statutes 2004, section 152.021,
93.10 	subdivision 2a, is amended to read:
93.11 		Subd. 2a.methamphetamine manufacture crimes crime;
93.12 	possession of substances with intent to manufacture
93.13 	methamphetamine crime.  (a) Notwithstanding subdivision 1,
93.14 	sections 152.022, subdivision 1, 152.023, subdivision 1, and
93.15 	152.024, subdivision 1, a person is guilty of controlled
93.16 	substance crime in the first degree if the person manufactures
93.17 	any amount of methamphetamine.
93.18 	(b) Notwithstanding paragraph (a) and section 609.17,A
93.19 	person is guilty of attempted manufacture of methamphetamine a
93.20 	crime if the person possesses any chemical reagents or
93.21 	precursors with the intent to manufacture methamphetamine.  As
93.22 	used in this section, "chemical reagents or precursors" refers
93.23 	to one or more includes any of the following substances, or any
93.24 	similar substances that can be used to manufacture
93.25 	methamphetamine,or their the salts, isomers, and salts of
93.26 	isomers of a listed or similar substance:
93.27 	(1) ephedrine;
93.28 	(2) pseudoephedrine;
93.29 	(3) phenyl-2-propanone;
93.30 	(4) phenylacetone;
93.31 	(5) anhydrous ammonia, as defined in section 18C.005,
93.32 	subdivision 1a;
93.33 	(6) organic solvents;
93.34 	(7) hydrochloric acid;
93.35 	(8) lithium metal;
93.36 	(9) sodium metal;
94.1 	(10) ether;
94.2 	(11) sulfuric acid;
94.3 	(12) red phosphorus;
94.4 	(13) iodine;
94.5 	(14) sodium hydroxide;
94.6 	(15) benzaldehyde;
94.7 	(16) benzyl methyl ketone;
94.8 	(17) benzyl cyanide;
94.9 	(18) nitroethane;
94.10 	(19) methylamine;
94.11 	(20) phenylacetic acid;
94.12 	(21) hydriodic acid; or
94.13 	(22) hydriotic acid.
94.14 	
EFFECTIVE DATE. This section is effective August 1, 2005,
94.15 	and applies to crimes committed on or after that date.

94.16 	Sec. 3. Minnesota Statutes 2004, section 152.021,
94.17 	subdivision 3, is amended to read:
94.18 		Subd. 3.Penalty.  (a) A person convicted under
94.19 	subdivisions 1 to 2a, paragraph (a), may be sentenced to
94.20 	imprisonment for not more than 30 years or to payment of a fine
94.21 	of not more than $1,000,000, or both; a person convicted under
94.22 	subdivision 2a, paragraph (b), may be sentenced to imprisonment
94.23 	for not more than three ten years or to payment of a fine of not
94.24 	more than $5,000 $20,000, or both.
94.25 	(b) If the conviction is a subsequent controlled substance
94.26 	conviction, a person convicted under subdivisions 1 to 2a,
94.27 	paragraph (a), shall be committed to the commissioner of
94.28 	corrections for not less than four years nor more than 40 years
94.29 	and, in addition, may be sentenced to payment of a fine of not
94.30 	more than $1,000,000; a person convicted under subdivision 2a,
94.31 	paragraph (b), may be sentenced to imprisonment for not more
94.32 	than four 15 years or to payment of a fine of not more than
94.33 	$5,000 $30,000, or both.
94.34 	(c) In a prosecution under subdivision 1 involving sales by
94.35 	the same person in two or more counties within a 90-day period,
94.36 	the person may be prosecuted for all of the sales in any county
95.1 	in which one of the sales occurred.
95.2 	
EFFECTIVE DATE. This section is effective August 1, 2005,
95.3 	and applies to crimes committed on or after that date.

95.4 	Sec. 4. [152.0275] CERTAIN CONTROLLED SUBSTANCE OFFENSES;
95.5 	RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.
95.6 		Subdivision 1.Restitution. (a) As used in this
95.7 	subdivision:
95.8 	(1) "clandestine lab site" means any structure or
95.9 	conveyance or outdoor location occupied or affected by
95.10 	conditions or chemicals typically associated with the
95.11 	manufacturing of methamphetamine;
95.12 	(2) "emergency response" includes, but is not limited to,
95.13 	removing and collecting evidence, securing the site, removal,
95.14 	remediation, and hazardous chemical assessment or inspection of
95.15 	the site where the relevant offense or offenses took place,
95.16 	regardless of whether these actions are performed by the public
95.17 	entities themselves or by private contractors paid by the public
95.18 	entities, or the property owner;
95.19 	(3) "remediation" means proper cleanup, treatment, or
95.20 	containment of hazardous substances or methamphetamine at or in
95.21 	a clandestine lab site, and may include demolition or disposal
95.22 	of structures or other property when an assessment so indicates;
95.23 	and 
95.24 	(4) "removal" means the removal from the clandestine lab
95.25 	site of precursor or waste chemicals, chemical containers, or
95.26 	equipment associated with the manufacture, packaging, or storage
95.27 	of illegal drugs.
95.28 	(b) A court may require a person convicted of manufacturing
95.29 	or attempting to manufacture a controlled substance or of an
95.30 	illegal activity involving a precursor substance, where the
95.31 	response to the crime involved an emergency response, to pay
95.32 	restitution to all public entities that participated in the
95.33 	response.  The restitution ordered may cover the reasonable
95.34 	costs of their participation in the response.
95.35 	(c) In addition to the restitution authorized in paragraph
95.36 	(b), a court may require a person convicted of manufacturing or
96.1 	attempting to manufacture a controlled substance or of illegal
96.2 	activity involving a precursor substance to pay restitution to a
96.3 	property owner who incurred removal or remediation costs because
96.4 	of the crime.
96.5 		Subd. 2.Property-related prohibitions; notice; web
96.6 	site. (a) As used in this subdivision:
96.7 	(1) "clandestine lab site" has the meaning given in
96.8 	subdivision 1, paragraph (a);
96.9 	(2) "property" means publicly or privately owned real
96.10 	property including buildings and other structures, motor
96.11 	vehicles as defined in section 609.487, subdivision 2a, public
96.12 	waters, and public rights-of-way;
96.13 	(3) "remediation" has the meaning given in subdivision 1,
96.14 	paragraph (a); and 
96.15 	(4) "removal" has the meaning given in subdivision 1,
96.16 	paragraph (a).
96.17 	(b) A peace officer who arrests a person at a clandestine
96.18 	lab site shall notify the appropriate county or local health
96.19 	department, state duty officer, and child protection services of
96.20 	the arrest and the location of the site.
96.21 	(c) A county or local health department or sheriff shall
96.22 	order that any property or portion of a property that has been
96.23 	found to be a clandestine lab site and contaminated by
96.24 	substances, chemicals, or items of any kind used in the
96.25 	manufacture of methamphetamine or any part of the manufacturing
96.26 	process, or the by-products or degradates of manufacturing
96.27 	methamphetamine be prohibited from being occupied or used until
96.28 	it has been assessed and remediated as provided in the
96.29 	Department of Health's clandestine drug labs general cleanup
96.30 	guidelines.  The remediation shall be accomplished by a
96.31 	contractor who will make the verification required under
96.32 	paragraph (e).
96.33 	(d) Unless clearly inapplicable, the procedures specified
96.34 	in chapter 145A and any related rules adopted under that chapter
96.35 	addressing the enforcement of public health laws, the removal
96.36 	and abatement of public health nuisances, and the remedies
97.1 	available to property owners or occupants apply to this
97.2 	subdivision.
97.3 	(e) Upon the proper removal and remediation of any property
97.4 	used as a clandestine lab site, the contractor shall verify to
97.5 	the applicable authority that issued the order under paragraph
97.6 	(c) that the work was completed according to the Department of
97.7 	Health's clandestine drug labs general cleanup guidelines and
97.8 	best practices and that levels of contamination have been
97.9 	reduced to levels set forth in the guidelines.  The contractor
97.10 	shall provide the verification to the property owner and the
97.11 	applicable authority within five days from the completion of the
97.12 	remediation.  Following this, the applicable authority shall
97.13 	vacate its order.
97.14 	(f) If a contractor issues a verification and the property
97.15 	was not remediated according to the Department of Health's
97.16 	clandestine drug labs general cleanup guidelines or the levels
97.17 	of contamination were not reduced to levels set forth in the
97.18 	guidelines, the contractor is liable to the property owner for
97.19 	the additional costs relating to the proper remediation of the
97.20 	property according to the guidelines and reducing the levels of
97.21 	contamination to levels set in the guidelines and for reasonable
97.22 	attorney fees for collection of costs by the property owner.  An
97.23 	action under this paragraph must be commenced within six years
97.24 	from the date on which the verification was issued by the
97.25 	contractor.
97.26 	(g) If the applicable authority determines under paragraph
97.27 	(c) that a motor vehicle has been contaminated by substances,
97.28 	chemicals, or items of any kind used in the manufacture of
97.29 	methamphetamine or any part of the manufacturing process, or the
97.30 	by-products or degradates of manufacturing methamphetamine and
97.31 	if the authority is able to obtain the certificate of title for
97.32 	the motor vehicle, the authority shall notify the registrar of
97.33 	motor vehicles of this fact and in addition, forward the
97.34 	certificate of title to the registrar.  The authority shall also
97.35 	notify the registrar when it vacates its order under paragraph
97.36 	(e).
98.1 	(h) The applicable authority issuing an order under
98.2 	paragraph (c) shall record with the county recorder or registrar
98.3 	of titles of the county where the clandestine lab is located an
98.4 	affidavit containing the name of the owner, a legal description
98.5 	of the property where the clandestine lab was located, and a map
98.6 	drawn from available information showing the boundary of the
98.7 	property and the location of the contaminated area on the
98.8 	property that is prohibited from being occupied or used that
98.9 	discloses to any potential transferee:
98.10 	(1) that the property, or a portion of the property, was
98.11 	the site of a clandestine lab;
98.12 	(2) the location, condition, and circumstances of the
98.13 	clandestine lab, to the full extent known or reasonably
98.14 	ascertainable; and 
98.15 	(3) that the use of the property or some portion of it may
98.16 	be restricted as provided by paragraph (c).
98.17 	If an inaccurate drawing or description is filed, the authority,
98.18 	on request of the owner or another interested person, shall file
98.19 	a supplemental affidavit with a corrected drawing or description.
98.20 	If the authority vacates its order under paragraph (e), the
98.21 	authority shall record an affidavit that contains the recording
98.22 	information of the affidavit and states that the order is
98.23 	vacated.  Upon filing the affidavit vacating the order, the
98.24 	affidavit and the affidavit filed under this paragraph, together
98.25 	with the information set forth in the affidavits, cease to
98.26 	constitute either actual or constructive notice.
98.27 	(i) If proper removal and remediation has occurred on the
98.28 	property, an interested party may record an affidavit indicating
98.29 	that this has occurred.  Upon filing the affidavit described in
98.30 	this paragraph, the affidavit and the affidavit filed under
98.31 	paragraph (h), together with the information set forth in the
98.32 	affidavits, cease to constitute either actual or constructive
98.33 	notice.  Failure to record an affidavit under this section does
98.34 	not affect or prevent any transfer of ownership of the property.
98.35 	(j) The county recorder or registrar of titles must record
98.36 	all affidavits presented under paragraph (h) or (i) in a manner
99.1 	that assures their disclosure in the ordinary course of a title
99.2 	search of the subject property.
99.3 	(k) The commissioner of health shall post on the Internet
99.4 	contact information for each local community health services
99.5 	administrator.
99.6 	(l) Each local community health services administrator
99.7 	shall maintain information related to property within the
99.8 	administrator's jurisdiction that is currently or was previously
99.9 	subject to an order issued under paragraph (c).  The information
99.10 	maintained must include the name of the owner, the location of
99.11 	the property, the extent of the contamination, the status of the
99.12 	removal and remediation work on the property, and whether the
99.13 	order has been vacated.  The administrator shall make this
99.14 	information available to the public either upon request or by
99.15 	other means.
99.16 	(m) Before signing an agreement to sell or transfer real
99.17 	property, the seller or transferor must disclose in writing to
99.18 	the buyer or transferee if, to the seller's or transferor's
99.19 	knowledge, methamphetamine production has occurred on the
99.20 	property.  If methamphetamine production has occurred on the
99.21 	property, the disclosure shall include a statement to the buyer
99.22 	or transferee informing the buyer or transferee:
99.23 	(1) whether an order has been issued on the property as
99.24 	described in paragraph (c);
99.25 	(2) whether any orders issued against the property under
99.26 	paragraph (c) have been vacated under paragraph (i); or 
99.27 	(3) if there was no order issued against the property and
99.28 	the seller or transferor is aware that methamphetamine
99.29 	production has occurred on the property, the status of removal
99.30 	and remediation on the property.
99.31 	(n) Unless the buyer or transferee and seller or transferor
99.32 	agree to the contrary in writing before the closing of the sale,
99.33 	a seller or transferor who fails to disclose, to the best of
99.34 	their knowledge, at the time of sale any of the facts required,
99.35 	and who knew or had reason to know of methamphetamine production
99.36 	on the property, is liable to the buyer or transferee for:
100.1 	(1) costs relating to remediation of the property according
100.2 	to the Department of Health's clandestine drug labs general
100.3 	cleanup guidelines and best practices so that contamination is
100.4 	reduced to levels set forth in the guidelines; and 
100.5 	(2) reasonable attorney fees for collection of costs from
100.6 	the seller or transferor.
100.7 	An action under this paragraph must be commenced within six
100.8 	years after the date on which the buyer or transferee closed the
100.9 	purchase or transfer of the real property where the
100.10 	methamphetamine production occurred.
100.11 	
EFFECTIVE DATE. This section is effective January 1,
100.12 	2006, and applies to crimes committed on or after that date.

100.13 	Sec. 5. [152.136] ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
100.14 	CRIMINAL PENALTIES; CIVIL LIABILITY.
100.15 		Subdivision 1.Definitions. As used in this section,
100.16 	"tamper" means action taken by a person not authorized to take
100.17 	that action by law or by the owner or authorized custodian of an
100.18 	anhydrous ammonia container or of equipment where anhydrous
100.19 	ammonia is used, stored, distributed, or transported.
100.20 		Subd. 2.Prohibited conduct. (a) A person may not:
100.21 	(1) steal or unlawfully take or carry away any amount of
100.22 	anhydrous ammonia;
100.23 	(2) purchase, possess, transfer, or distribute any amount
100.24 	of anhydrous ammonia, knowing, or having reason to know, that it
100.25 	will be used to unlawfully manufacture a controlled substance;
100.26 	(3) place, have placed, or possess anhydrous ammonia in a
100.27 	container that is not designed, constructed, maintained, and
100.28 	authorized to contain or transport anhydrous ammonia;
100.29 	(4) transport anhydrous ammonia in a container that is not
100.30 	designed, constructed, maintained, and authorized to transport
100.31 	anhydrous ammonia;
100.32 	(5) use, deliver, receive, sell, or transport a container
100.33 	designed and constructed to contain anhydrous ammonia without
100.34 	the express consent of the owner or authorized custodian of the
100.35 	container; or 
100.36 	(6) tamper with any equipment or facility used to contain,
101.1 	store, or transport anhydrous ammonia.
101.2 	(b) For the purposes of this subdivision, containers
101.3 	designed and constructed for the storage and transport of
101.4 	anhydrous ammonia are described in rules adopted under section
101.5 	18C.121, subdivision 1, or in Code of Federal Regulations, title
101.6 	49.
101.7 		Subd. 3.No cause of action. (a) Except as provided in
101.8 	paragraph (b), a person tampering with anhydrous ammonia
101.9 	containers or equipment under subdivision 2 shall have no cause
101.10 	of action for damages arising out of the tampering against:
101.11 	(1) the owner or lawful custodian of the container or
101.12 	equipment;
101.13 	(2) a person responsible for the installation or
101.14 	maintenance of the container or equipment; or 
101.15 	(3) a person lawfully selling or offering for sale the
101.16 	anhydrous ammonia.
101.17 	(b) Paragraph (a) does not apply to a cause of action
101.18 	against a person who unlawfully obtained the anhydrous ammonia
101.19 	or anhydrous ammonia container or who possesses the anhydrous
101.20 	ammonia or anhydrous ammonia container for any unlawful purpose.
101.21 		Subd. 4.Criminal penalty. A person who knowingly
101.22 	violates subdivision 2 is guilty of a felony and may be
101.23 	sentenced to imprisonment for not more than five years or to
101.24 	payment of a fine of not more than $50,000, or both.
101.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
101.26 	and applies to crimes committed on or after that date.

101.27 	Sec. 6. [152.137] METHAMPHETAMINE-RELATED CRIMES
101.28 	INVOLVING CHILDREN AND VULNERABLE ADULTS.
101.29 		Subdivision 1.Definitions. (a) As used in this section,
101.30 	the following terms have the meanings given.
101.31 	(b) "Chemical substance" means a substance intended to be
101.32 	used as a precursor in the manufacture of methamphetamine or any
101.33 	other chemical intended to be used in the manufacture of
101.34 	methamphetamine.
101.35 	(c) "Child" means any person under the age of 18 years.
101.36 	(d) "Methamphetamine paraphernalia" means all equipment,
102.1 	products, and materials of any kind that are used, intended for
102.2 	use, or designed for use in manufacturing, injecting, ingesting,
102.3 	inhaling, or otherwise introducing methamphetamine into the
102.4 	human body.
102.5 	(e) "Methamphetamine waste products" means substances,
102.6 	chemicals, or items of any kind used in the manufacture of
102.7 	methamphetamine or any part of the manufacturing process, or the
102.8 	by-products or degradates of manufacturing methamphetamine.
102.9 	(f) "Vulnerable adult" has the meaning given in section
102.10 	609.232, subdivision 11.
102.11 		Subd. 2.Prohibited conduct. (a) No person may knowingly
102.12 	engage in any of the following activities in the presence of a
102.13 	child or vulnerable adult; in the residence of a child or a
102.14 	vulnerable adult; in a building, structure, conveyance, or
102.15 	outdoor location where a child or vulnerable adult might
102.16 	reasonably be expected to be present; in a room offered to the
102.17 	public for overnight accommodation; or in any multiple unit
102.18 	residential building:
102.19 	(1) manufacturing or attempting to manufacture
102.20 	methamphetamine;
102.21 	(2) storing any chemical substance;
102.22 	(3) storing any methamphetamine waste products; or 
102.23 	(4) storing any methamphetamine paraphernalia.
102.24 	(b) No person may knowingly cause or permit a child or
102.25 	vulnerable adult to inhale, be exposed to, have contact with, or
102.26 	ingest methamphetamine, a chemical substance, or methamphetamine
102.27 	paraphernalia.
102.28 		Subd. 3.Criminal penalty. A person who violates
102.29 	subdivision 2 is guilty of a felony and may be sentenced to
102.30 	imprisonment for not more than five years or to payment of a
102.31 	fine of not more than $10,000, or both.
102.32 		Subd. 4.Multiple sentences. Notwithstanding sections
102.33 	609.035 and 609.04, a prosecution for or conviction under this
102.34 	section is not a bar to conviction of or punishment for any
102.35 	other crime committed by the defendant as part of the same
102.36 	conduct.
103.1 		Subd. 5.Protective custody. A peace officer may take
103.2 	any child present in an area where any of the activities
103.3 	described in subdivision 2, paragraph (a), clauses (1) to (4),
103.4 	are taking place into protective custody in accordance with
103.5 	section 260C.175, subdivision 1, paragraph (b), clause (2).  A
103.6 	child taken into protective custody under this subdivision shall
103.7 	be provided health screening to assess potential health concerns
103.8 	related to methamphetamine as provided in section 260C.188.  A
103.9 	child not taken into protective custody under this subdivision
103.10 	but who is known to have been exposed to methamphetamine shall
103.11 	be offered health screening for potential health concerns
103.12 	related to methamphetamine as provided in section 260C.188.
103.13 		Subd. 6.Reporting maltreatment of vulnerable adult. (a)
103.14 	A peace officer shall make a report of suspected maltreatment of
103.15 	a vulnerable adult if the vulnerable adult is present in an area
103.16 	where any of the activities described in subdivision 2,
103.17 	paragraph (a), clauses (1) to (4), are taking place, and the
103.18 	peace officer has reason to believe the vulnerable adult
103.19 	inhaled, was exposed to, had contact with, or ingested
103.20 	methamphetamine, a chemical substance, or methamphetamine
103.21 	paraphernalia.  The peace officer shall immediately report to
103.22 	the county common entry point as described in section 626.557,
103.23 	subdivision 9b.
103.24 	(b) As required in section 626.557, subdivision 9b, law
103.25 	enforcement is the primary agency to conduct investigations of
103.26 	any incident when there is reason to believe a crime has been
103.27 	committed.  Law enforcement shall initiate a response
103.28 	immediately.  If the common entry point notified a county agency
103.29 	for adult protective services, law enforcement shall cooperate
103.30 	with that county agency when both agencies are involved and
103.31 	shall exchange data to the extent authorized in section 626.557,
103.32 	subdivision 12b, paragraph (g).  County adult protection shall
103.33 	initiate a response immediately.
103.34 	(c) The county social services agency shall immediately
103.35 	respond as required in section 626.557, subdivision 10, upon
103.36 	receipt of a report from the common entry point staff.
104.1 	
EFFECTIVE DATE. This section is effective August 1, 2005,
104.2 	and applies to crimes committed on or after that date.

104.3 	Sec. 7. Minnesota Statutes 2004, section 168A.05,
104.4 	subdivision 3, is amended to read:
104.5 		Subd. 3.Content of certificate.  Each certificate of
104.6 	title issued by the department shall contain:
104.7 	(1) the date issued;
104.8 	(2) the first, middle, and last names, the dates of birth,
104.9 	and addresses of all owners who are natural persons, the full
104.10 	names and addresses of all other owners;
104.11 	(3) the names and addresses of any secured parties in the
104.12 	order of priority as shown on the application, or if the
104.13 	application is based on a certificate of title, as shown on the
104.14 	certificate, or as otherwise determined by the department;
104.15 	(4) any liens filed pursuant to a court order or by a
104.16 	public agency responsible for child support enforcement against
104.17 	the owner;
104.18 	(5) the title number assigned to the vehicle;
104.19 	(6) a description of the vehicle including, so far as the
104.20 	following data exists, its make, model, year, identifying
104.21 	number, type of body, whether new or used, and if a new vehicle,
104.22 	the date of the first sale of the vehicle for use;
104.23 	(7) with respect to motor vehicles subject to the
104.24 	provisions of section 325E.15, the true cumulative mileage
104.25 	registered on the odometer or that the actual mileage is unknown
104.26 	if the odometer reading is known by the owner to be different
104.27 	from the true mileage;
104.28 	(8) with respect to vehicles subject to sections 325F.6641
104.29 	and 325F.6642, the appropriate term "flood damaged," "rebuilt,"
104.30 	"prior salvage," or "reconstructed"; and 
104.31 	(9) with respect to a vehicle contaminated by
104.32 	methamphetamine production, if the registrar has received the
104.33 	certificate of title and notice described in section 152.0275,
104.34 	subdivision 2, paragraph (g), the term "hazardous waste
104.35 	contaminated vehicle"; and 
104.36 	(10) any other data the department prescribes.
105.1 	
EFFECTIVE DATE. This section is effective August 1, 2005.

105.2 	Sec. 8. [244.055] CONDITIONAL RELEASE OF NONVIOLENT
105.3 	CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.
105.4 		Subdivision 1.Conditional release authority. The
105.5 	commissioner of corrections has the authority to release
105.6 	offenders committed to the commissioner's custody who meet the
105.7 	requirements of this section and of any rules adopted by the
105.8 	commissioner.
105.9 		Subd. 2.Conditional release of certain nonviolent
105.10 	controlled substance offenders. An offender who has been
105.11 	committed to the commissioner's custody may petition the
105.12 	commissioner for conditional release from prison before the
105.13 	offender's scheduled supervised release date or target release
105.14 	date if:
105.15 	(1) the offender is serving a sentence for violating
105.16 	section 152.021, 152.022, 152.023, 152.024, or 152.025;
105.17 	(2) the offender committed the crime as a result of a
105.18 	controlled substance addiction, and not primarily for profit;
105.19 	(3) the offender has served at least 36 months or one-half
105.20 	of the offender's term of imprisonment, whichever is less;
105.21 	(4) the offender successfully completed a chemical
105.22 	dependency treatment program while in prison;
105.23 	(5) the offender has not previously been conditionally
105.24 	released under this section; and 
105.25 	(6) the offender has not previously been convicted or
105.26 	adjudicated delinquent for a violent crime as defined in section
105.27 	609.1095 other than a previous conviction or adjudication for a
105.28 	violation of chapter 152.
105.29 		Subd. 3.Offer of chemical dependency treatment. The
105.30 	commissioner shall offer all offenders meeting the criteria
105.31 	described in subdivision 2, clauses (1) and (2), the opportunity
105.32 	to begin a suitable chemical dependency treatment program within
105.33 	120 days after the offender's term of imprisonment begins.
105.34 		Subd. 4.Release procedures. The commissioner may not
105.35 	grant conditional release to an offender under this section
105.36 	unless the commissioner determines that the offender's release
106.1 	will not pose a danger to the public or an individual.  In
106.2 	making this determination, the commissioner shall follow the
106.3 	procedures contained in section 244.05, subdivision 5, and the
106.4 	rules adopted by the commissioner under that subdivision.  The
106.5 	commissioner shall consider whether the offender was involved in
106.6 	criminal gang activity either before or during the offender's
106.7 	prison term.  The commissioner shall also consider the
106.8 	offender's custody classification and level of risk of violence
106.9 	and the availability of appropriate community supervision for
106.10 	the offender.  Conditional release granted under this section
106.11 	continues until the offender's sentence expires, unless release
106.12 	is rescinded under subdivision 5.
106.13 		Subd. 5.Conditional release. The conditions of release
106.14 	granted under this section are governed by the statutes and
106.15 	rules governing supervised release under this chapter, except
106.16 	that release may be rescinded without hearing by the
106.17 	commissioner if the commissioner determines that continuation of
106.18 	the conditional release poses a danger to the public or to an
106.19 	individual.  If the commissioner rescinds an offender's
106.20 	conditional release, the offender shall be returned to prison
106.21 	and shall serve the remaining portion of the offender's sentence.
106.22 		Subd. 6.Offenders serving other sentences. An offender
106.23 	who is serving both a sentence for an offense described in
106.24 	subdivision 2 and an offense not described in subdivision 2, is
106.25 	not eligible for release under this section unless the offender
106.26 	has completed the offender's full term of imprisonment for the
106.27 	other offense.
106.28 		Subd. 7.Notice. Upon receiving an offender's petition
106.29 	for release under subdivision 2, the commissioner shall notify
106.30 	the prosecuting authority responsible for the offender's
106.31 	conviction and the sentencing court.  The commissioner shall
106.32 	give the authority and court a reasonable opportunity to comment
106.33 	on the offender's potential release.
106.34 	Subd. 8.[COMMISSIONER'S DUTY.] The commissioner shall
106.35 	personally review the file and make the final determination
106.36 	regarding conditional release under this section.
107.1 	
EFFECTIVE DATE. This section is effective July 1, 2005,
107.2 	and applies to persons in prison on or after that date.

107.3 	Sec. 9. Minnesota Statutes 2004, section 260C.171, is
107.4 	amended by adding a subdivision to read:
107.5 		Subd. 6.Notice to school. (a) As used in this
107.6 	subdivision, the following terms have the meanings given.
107.7 	"Chemical substance," "methamphetamine paraphernalia," and
107.8 	"methamphetamine waste products" have the meanings given in
107.9 	section 152.137, subdivision 1.  "School" means a charter school
107.10 	or a school as defined in section 120A.22, subdivision 4, except
107.11 	a home school.
107.12 	(b) If a child has been taken into protective custody after
107.13 	being found in an area where methamphetamine was being
107.14 	manufactured or attempted to be manufactured or where any
107.15 	chemical substances, methamphetamine paraphernalia, or
107.16 	methamphetamine waste products were stored, and the child is
107.17 	enrolled in school, the officer who took the child into custody
107.18 	shall notify the chief administrative officer of the child's
107.19 	school of this fact.
107.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
107.21 	and applies to acts occurring on or after that date.

107.22 	Sec. 10. [299C.90] CITIZEN REPORTS OF METHAMPHETAMINE
107.23 	VIOLATIONS.
107.24 	The superintendent of the Bureau of Criminal Apprehension
107.25 	shall maintain and publicize a toll-free telephone number to
107.26 	enable citizens to report information about potential
107.27 	methamphetamine violations, including, but not limited to,
107.28 	illicit methamphetamine laboratories.  The agency shall take
107.29 	appropriate steps after receiving a citizen report after
107.30 	considering the nature and trustworthiness of the information
107.31 	reported, including, but not limited to, contacting the
107.32 	appropriate law enforcement agency.

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

107.34 	Sec. 11. Minnesota Statutes 2004, section 609.1095,
107.35 	subdivision 1, is amended to read:
107.36 		Subdivision 1.Definitions.  (a) As used in this section,
108.1 	the following terms have the meanings given.
108.2 	(b) "Conviction" means any of the following accepted and
108.3 	recorded by the court:  a plea of guilty, a verdict of guilty by
108.4 	a jury, or a finding of guilty by the court.  The term includes
108.5 	a conviction by any court in Minnesota or another jurisdiction.
108.6 	(c) "Prior conviction" means a conviction that occurred
108.7 	before the offender committed the next felony resulting in a
108.8 	conviction and before the offense for which the offender is
108.9 	being sentenced under this section.
108.10 	(d) "Violent crime" means a violation of or an attempt or
108.11 	conspiracy to violate any of the following laws of this state or
108.12 	any similar laws of the United States or any other state:
108.13 	section sections 152.137;609.165; 609.185; 609.19; 609.195;
108.14 	609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
108.15 	609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
108.16 	609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
108.17 	609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
108.18 	609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
108.19 	1e; 609.687; and 609.855, subdivision 5; any provision of
108.20 	sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is
108.21 	punishable by a felony penalty; or any provision of chapter 152
108.22 	that is punishable by a maximum sentence of 15 years or more.
108.23 	
EFFECTIVE DATE. This section is effective August 1, 2005,
108.24 	and applies to crimes committed on or after that date.

108.25 	Sec. 12. Minnesota Statutes 2004, section 617.81, is
108.26 	amended by adding a subdivision to read:
108.27 		Subd. 2b.Exception; nuisances involving methamphetamine
108.28 	manufacture. Notwithstanding subdivision 2, for purposes of
108.29 	sections 617.80 to 617.87, a public nuisance exists upon proof
108.30 	of one or more behavioral incidents involving the manufacturing
108.31 	or attempted manufacture of methamphetamine in the previous 12
108.32 	months within the building.  The requirement of two or more
108.33 	behavioral incidents in subdivision 2, paragraph (b), does not
108.34 	apply to incidents involving the manufacturing or attempted
108.35 	manufacture of methamphetamine.
108.36 	
EFFECTIVE DATE. This section is effective August 1, 2005,
109.1 	and applies to acts committed on or after that date.

109.2 	Sec. 13. Minnesota Statutes 2004, section 617.81,
109.3 	subdivision 4, is amended to read:
109.4 		Subd. 4.Notice.  (a) If a prosecuting attorney has
109.5 	reason to believe that a nuisance is maintained or permitted in
109.6 	the jurisdiction the prosecuting attorney serves, and intends to
109.7 	seek abatement of the nuisance, the prosecuting attorney shall
109.8 	provide the written notice described in paragraph (b), by
109.9 	personal service or certified mail, return receipt requested, to
109.10 	the owner and all interested parties known to the prosecuting
109.11 	attorney.
109.12 	(b) The written notice must:
109.13 	(1) state that a nuisance as defined in subdivision 2 is
109.14 	maintained or permitted in the building and must specify the
109.15 	kind or kinds of nuisance being maintained or permitted;
109.16 	(2) summarize the evidence that a nuisance is maintained or
109.17 	permitted in the building, including the date or dates on which
109.18 	nuisance-related activity or activities are alleged to have
109.19 	occurred;
109.20 	(3) inform the recipient that failure to abate the conduct
109.21 	constituting the nuisance or to otherwise resolve the matter
109.22 	with the prosecuting attorney within 30 days of service of the
109.23 	notice may result in the filing of a complaint for relief in
109.24 	district court that could, among other remedies, result in
109.25 	enjoining the use of the building for any purpose for one year
109.26 	or, in the case of a tenant, could result in cancellation of the
109.27 	lease; and
109.28 	(4) inform the owner of the options available under section
109.29 	617.85.
109.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
109.31 	and applies to acts committed on or after that date.

109.32 	Sec. 14. Minnesota Statutes 2004, section 617.85, is
109.33 	amended to read:
109.34 	617.85 NUISANCE; MOTION TO CANCEL LEASE.
109.35 	Where notice is provided under section 617.81, subdivision
109.36 	4, that an abatement of a nuisance is sought and the
110.1 	circumstances that are the basis for the requested abatement
110.2 	involved the acts of a commercial or residential tenant or
110.3 	lessee of part or all of a building, the owner of the building
110.4 	that is subject to the abatement proceeding may file before the
110.5 	court that has jurisdiction over the abatement proceeding a
110.6 	motion to cancel the lease or otherwise secure restitution of
110.7 	the premises from the tenant or lessee who has maintained or
110.8 	conducted the nuisance.  The owner may assign to the prosecuting
110.9 	attorney the right to file this motion.  In addition to the
110.10 	grounds provided in chapter 566, the maintaining or conducting
110.11 	of a nuisance as defined in section 617.81, subdivision 2, by a
110.12 	tenant or lessee, is an additional ground authorized by law for
110.13 	seeking the cancellation of a lease or the restitution of the
110.14 	premises.  Service of motion brought under this section must be
110.15 	served in a manner that is sufficient under the Rules of Civil
110.16 	Procedure and chapter 566.
110.17 	It is no defense to a motion under this section by the
110.18 	owner or the prosecuting attorney that the lease or other
110.19 	agreement controlling the tenancy or leasehold does not provide
110.20 	for eviction or cancellation of the lease upon the ground
110.21 	provided in this section.
110.22 	Upon a finding by the court that the tenant or lessee has
110.23 	maintained or conducted a nuisance in any portion of the
110.24 	building, the court shall order cancellation of the lease or
110.25 	tenancy and grant restitution of the premises to the owner.  The
110.26 	court must not order abatement of the premises if the court:
110.27 	(a) cancels a lease or tenancy and grants restitution of
110.28 	that portion of the premises to the owner; and
110.29 	(b) further finds that the act or acts constituting the
110.30 	nuisance as defined in section 617.81, subdivision 2, were
110.31 	committed by the tenant or lessee whose lease or tenancy has
110.32 	been canceled pursuant to this section and the tenant or lessee
110.33 	was not committing the act or acts in conjunction with or under
110.34 	the control of the owner.

110.35 	EFFECTIVE DATE. This section is effective August 1, 2005,
110.36 	and applies to acts committed on or after that date.

111.1 	Sec. 15. BOARD OF VETERINARY MEDICINE REPORT, PRECURSOR
111.2 	ANIMAL PRODUCTS.
 111.3 	The Board of Veterinary Medicine shall study and issue a
111.4 	report on animal products that may be used in the manufacture of
111.5 	methamphetamine.  The report must include proposals for
111.6 	restricting access to such products only to legitimate users,
111.7 	specifically addressing the manufacturing, wholesaling,
111.8 	distributing, and retailing of precursor veterinary products.
111.9 	The board shall report its findings to the chairs and ranking
111.10 	minority members of the senate and house committees having
111.11 	jurisdiction over criminal justice and veterinary policy by
111.12 	February 1, 2006.

111.13 	EFFECTIVE DATE. This section is effective the day
111.14 	following final enactment.

111.15 	Sec. 16. REVISOR'S INSTRUCTION.
 111.16 	The revisor of statutes shall recodify the provisions of
111.17 	Minnesota Statutes, section 152.021, subdivision 2a, paragraph
111.18 	(b), and subdivision 3, as amended by this article, that relate
111.19 	to the possession of chemical reagents or precursors with the
111.20 	intent to manufacture methamphetamine and the penalties for
111.21 	doing this into a new section of law codified as Minnesota
111.22 	Statutes, section 152.0262.  The revisor shall make any
111.23 	necessary technical changes, including, but not limited to,
111.24 	changes to statutory cross-references, to Minnesota Statutes,
111.25 	section 152.021, and any other statutory sections to accomplish
111.26 	this.

111.27 	Sec. 17. REPEALER.
 111.28 	Minnesota Statutes 2004, sections 18C.005, subdivisions 1a
111.29 	and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision
111.30 	5, are repealed.

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

111.33 	ARTICLE 7
111.34 	GENERAL CRIME PROVISIONS

111.35 	Section 1. Minnesota Statutes 2004, section 244.10, is
111.36 	amended by adding a subdivision to read:
112.1 		Subd. 4.Proof of aggravating factors. The court shall
112.2 	allow a prosecutor seeking to prove the existence of an
112.3 	aggravating factor justifying an upward departure under the
112.4 	Sentencing Guidelines the opportunity to prove this to the fact
112.5 	finder.  The prosecutor shall provide reasonable notice to the
112.6 	defendant and the court of the prosecutor's intent to seek an
112.7 	upward departure and the aggravating factor on which the
112.8 	prosecutor intends to rely.  Upon reasonable notice, the court
112.9 	shall allow the prosecutor the opportunity to prove the
112.10 	aggravating factor either in a unitary or bifurcated trial.
112.11 	
EFFECTIVE DATE. This section is effective the day
112.12 	following final enactment and applies to sentencing hearings,
112.13 	resentencing hearings, and sentencing departures sought on or
112.14 	after that date.

112.15 	Sec. 2. [325F.696] DEFINITIONS.
112.16 		Subdivision 1.Scope. For the purposes of sections
112.17 	325F.696 to 325F.699, the terms in this section have the
112.18 	meanings given them.
112.19 		Subd. 2.Commercial electronic mail message. "Commercial
112.20 	electronic mail message" means any electronic mail message, the
112.21 	primary purpose of which is the commercial advertisement or
112.22 	promotion of a commercial product or service, including content
112.23 	on an Internet Web site operated for a commercial purpose, but
112.24 	does not include a transactional or relationship message.  The
112.25 	inclusion of a reference to a commercial entity or a link to the
112.26 	Web site of a commercial entity does not, by itself, cause that
112.27 	message to be treated as a commercial electronic mail message
112.28 	for the purpose of this section if the contents or circumstances
112.29 	of the message indicate a primary purpose other than commercial
112.30 	advertisement or promotion of a commercial product or service.
112.31 		Subd. 3.Computer. "Computer" means an electronic device
112.32 	that performs logical, arithmetic, and memory functions by the
112.33 	manipulation of electronic or magnetic impulses.  Computer
112.34 	includes, but is not limited to, all input, output, processing,
112.35 	storage, computer program, or communication facilities that are
112.36 	connected or related in a computer system or network to an
113.1 	electronic device of that nature.
113.2 		Subd. 4.Computer network. "Computer network" means a
113.3 	set of related and remotely connected computers and
113.4 	communication facilities that includes more than one computer
113.5 	system that has the capability to transmit among the connected
113.6 	computers and communication facilities through the use of
113.7 	computer facilities.
113.8 		Subd. 5.Computer system. "Computer system" means a
113.9 	computer and related devices, whether connected or unconnected,
113.10 	including, but not limited to, data input, output, and storage
113.11 	devices, data communication links, and computer programs and
113.12 	data that make the system capable of performing specified
113.13 	special purpose data processing tasks.
113.14 		Subd. 6.Domain name. "Domain name" means any
113.15 	alphanumeric designation that is registered with or assigned by
113.16 	any domain name registrar, domain name registry, or other domain
113.17 	name registration authority as part of an electronic address on
113.18 	the Internet.
113.19 		Subd. 7.Electronic mail. "Electronic mail" means an
113.20 	electronic message that is transmitted between two or more
113.21 	telecommunications devices or electronic devices capable of
113.22 	receiving electronic messages, whether or not the message is
113.23 	converted to hard copy format after receipt, and whether or not
113.24 	the message is viewed upon the transmission or stored for later
113.25 	retrieval.  "Electronic mail" includes electronic messages that
113.26 	are transmitted through a local, regional, or global computer
113.27 	network.
113.28 		Subd. 8.Originating address. "Originating address"
113.29 	means the string of characters used to specify the source of any
113.30 	electronic mail message.
113.31 		Subd. 9.Receiving address. "Receiving address" means
113.32 	the string of characters used to specify a recipient with each
113.33 	receiving address creating a unique and separate recipient.
113.34 		Subd. 10.Electronic mail message. "Electronic mail
113.35 	message" means each electronic mail message addressed to a
113.36 	discrete addressee.
114.1 		Subd. 11.Electronic mail service provider. "Electronic
114.2 	mail service provider" means any person, including an Internet
114.3 	service provider, that is an intermediary in sending and
114.4 	receiving electronic mail and that provides to the public
114.5 	electronic mail accounts or online user accounts from which
114.6 	electronic mail may be sent.
114.7 		Subd. 12.Header information. "Header information" means
114.8 	the source, destination, and routing information attached to an
114.9 	electronic mail message, including the originating domain name,
114.10 	originating address, and technical information that
114.11 	authenticates the sender of an electronic mail message for
114.12 	computer network security or computer network management
114.13 	purposes.
114.14 		Subd. 13.Initiate the transmission;
114.15 	initiated. "Initiate the transmission" or "initiated" means to
114.16 	originate or transmit a commercial electronic mail message or to
114.17 	procure the origination or transmission of that message,
114.18 	regardless of whether the message reaches its intended
114.19 	recipients, but does not include actions that constitute routine
114.20 	conveyance of the message.
114.21 		Subd. 14.Internet. "Internet" means collectively the
114.22 	myriad of computer and telecommunications facilities, including
114.23 	equipment and operating software, which comprise the
114.24 	interconnected worldwide network of networks that employ the
114.25 	Transmission Control Protocol/Internet Protocol, or any
114.26 	predecessor or successor protocols to this protocol, to
114.27 	communication information of all kinds by wire or radio.
114.28 		Subd. 15.Internet protocol address. "Internet protocol
114.29 	address" means the string of numbers by which locations on the
114.30 	Internet are identified by routers or other computers connected
114.31 	to the Internet.
114.32 		Subd. 16.Materially falsify. "Materially falsify" means
114.33 	to alter or conceal in a manner that would impair the ability of
114.34 	a recipient of an electronic mail message, an electronic mail
114.35 	service provider processing an electronic mail message on behalf
114.36 	of a recipient, a person alleging a violation of section
115.1 	325F.697, or a law enforcement agency to identify, locate, or
115.2 	respond to the person that initiated the electronic mail message
115.3 	or to investigate an alleged violation of this section.
115.4 		Subd. 17.Multiple. "Multiple" means more than ten
115.5 	commercial electronic mail messages during a 24-hour period,
115.6 	more than 100 commercial electronic mail messages during a
115.7 	30-day period, or more than 1,000 commercial electronic mail
115.8 	messages during a one-year period.
115.9 		Subd. 18.Recipient. "Recipient" means a person who
115.10 	receives a commercial electronic mail message at any one of the
115.11 	following receiving addresses:
115.12 	(1) a receiving address furnished by an electronic mail
115.13 	service provider that bills for furnishing and maintaining that
115.14 	receiving address to a mailing address within this state;
115.15 	(2) a receiving address ordinarily accessed from a computer
115.16 	located within this state or by a person domiciled within this
115.17 	state; or 
115.18 	(3) any other receiving address with respect to which this
115.19 	section can be imposed consistent with the United States
115.20 	Constitution.
115.21 		Subd. 19.Routine conveyance. "Routine conveyance" means
115.22 	the transmission, routing, relaying, handling, or storing,
115.23 	through an automated technical process, of an electronic mail
115.24 	message for which another person has identified the recipients
115.25 	or provided the recipient addresses.
115.26 		Subd. 20.Transactional or relationship
115.27 	message. "Transactional or relationship message" means an
115.28 	electronic mail message the primary purpose of which is to do
115.29 	any of the following:
115.30 	(1) facilitate, complete, or confirm a commercial
115.31 	transaction that the recipient has previously agreed to enter
115.32 	into with the sender;
115.33 	(2) provide warranty information, product recall
115.34 	information, or safety or security information with respect to a
115.35 	commercial product or service used or purchased by the
115.36 	recipient;
116.1 	(3) provide notification concerning a change in the terms
116.2 	or features of; a change in the recipient's standing or status
116.3 	with respect to; or, at regular periodic intervals, account
116.4 	balance information or other type of account statement with
116.5 	respect to a subscription, membership, account, loan, or
116.6 	comparable ongoing commercial relationship involving the ongoing
116.7 	purchase or use by the recipient of products or services offered
116.8 	by the sender;
116.9 	(4) provide information directly related to an employment
116.10 	relationship or related benefit plan in which the recipient is
116.11 	currently involved, participating, or enrolled; or 
116.12 	(5) deliver goods or services, including product updates or
116.13 	upgrades, that the recipient is entitled to receive under the
116.14 	terms of a transaction that the recipient has previously agreed
116.15 	to enter into with the sender.
116.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
116.17 	and applies to crimes committed on or after that date.

116.18 	Sec. 3. [325F.697] FALSE, MISLEADING, OR DECEPTIVE
116.19 	COMMERCIAL ELECTRONIC MAIL MESSAGES PROHIBITED.
116.20 	No person, with regard to commercial electronic mail
116.21 	messages sent from or to a computer in this state, shall do any
116.22 	of the following:
116.23 	(1) knowingly use a computer to relay or retransmit
116.24 	multiple commercial electronic mail messages, with the intent to
116.25 	deceive or mislead recipients or any electronic mail service
116.26 	provider, as to the origin of those messages;
116.27 	(2) knowingly and materially falsify header information in
116.28 	multiple commercial electronic mail messages and purposely
116.29 	initiate the transmission of those messages;
116.30 	(3) knowingly register, using information that materially
116.31 	falsifies the identity of the actual registrant, for five or
116.32 	more electronic mail accounts or online user accounts or two or
116.33 	more domain names and purposely initiate the transmission of
116.34 	multiple commercial electronic mail messages from one, or any
116.35 	combination, of those accounts or domain names; or 
116.36 	(4) knowingly falsely represent the right to use five or
117.1 	more Internet protocol addresses and purposely initiate the
117.2 	transmission of multiple commercial electronic mail messages
117.3 	from those addresses.

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

117.6 	Sec. 4. [325F.698] ILLEGAL TRANSMISSION OF MULTIPLE
117.7 	MESSAGES; CRIMINAL PENALTIES.
117.8 	(a) Whoever violates section 325F.697 is guilty of
117.9 	illegally transmitting multiple commercial electronic mail
117.10 	messages.  Except as otherwise provided in paragraph (b) or
117.11 	section 325F.699, subdivision 3, illegally transmitting multiple
117.12 	commercial electronic mail messages is a misdemeanor.
117.13 	(b) Illegally transmitting multiple commercial electronic
117.14 	mail messages is a gross misdemeanor if any of the following
117.15 	apply:
117.16 	(1) regarding a violation of section 325F.697, clause (3),
117.17 	the offender, using information that materially falsifies the
117.18 	identity of the actual registrant, knowingly registers for 20 or
117.19 	more electronic mail accounts or online user accounts or ten or
117.20 	more domain names, and purposely initiates, or conspires to
117.21 	initiate, the transmission of multiple commercial electronic
117.22 	mail messages from the accounts or domain names;
117.23 	(2) regarding any violation of section 325F.697, the volume
117.24 	of commercial electronic mail messages the offender transmitted
117.25 	in committing the violation exceeds 250 during any 24-hour
117.26 	period, 2,500 during any 30-day period, or 25,000 during any
117.27 	one-year period;
117.28 	(3) regarding any violation of section 325F.697, during any
117.29 	one-year period the aggregate loss to the victim or victims of
117.30 	the violation is $500 or more, or during any one-year period the
117.31 	aggregate value of the property or services obtained by any
117.32 	offender as a result of the violation is $500 or more;
117.33 	(4) regarding any violation of section 325F.697, the
117.34 	offender committed the violation with three or more other
117.35 	persons with respect to whom the offender was the organizer or
117.36 	leader of the activity that resulted in the violation;
118.1 	(5) regarding any violation of section 325F.697, the
118.2 	offender knowingly assisted in the violation through the
118.3 	provision or selection of electronic mail addresses to which the
118.4 	commercial electronic mail message was transmitted, if that
118.5 	offender knew that the electronic mail addresses of the
118.6 	recipients were obtained using an automated means from an
118.7 	Internet Web site or proprietary online service operated by
118.8 	another person, and that Web site or online service included, at
118.9 	the time the electronic mail addresses were obtained, a notice
118.10 	stating that the operator of that Web site or online service
118.11 	will not transfer addresses maintained by that Web site or
118.12 	online service to any other party for the purposes of initiating
118.13 	the transmission of, or enabling others to initiate the
118.14 	transmission of, electronic mail messages; or 
118.15 	(6) regarding any violation of section 325F.697, the
118.16 	offender knowingly assisted in the violation through the
118.17 	provision or selection of electronic mail addresses of the
118.18 	recipients obtained using an automated means that generates
118.19 	possible electronic mail addresses by combining names, letters,
118.20 	or numbers into numerous permutations.

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

118.23 	Sec. 5. [325F.699] UNAUTHORIZED ACCESS TO A COMPUTER;
118.24 	CRIMINAL PENALTIES.
118.25 		Subdivision 1.Prohibition. No person, with regard to
118.26 	commercial electronic mail messages sent from or to a computer
118.27 	in this state, shall knowingly access a computer without
118.28 	authorization and purposely initiate the transmission of
118.29 	multiple commercial electronic mail messages from or through the
118.30 	computer.
118.31 		Subd. 2.Gross misdemeanor. Except as otherwise provided
118.32 	in subdivision 3, whoever violates subdivision 1 is guilty of
118.33 	unauthorized access of a computer, a gross misdemeanor.
118.34 		Subd. 3.Felony. Illegally transmitting multiple
118.35 	commercial electronic mail messages and unauthorized access of a
118.36 	computer in violation of this section are felonies if the
119.1 	offender previously has been convicted of a violation of this
119.2 	section, or a violation of a law of another state or the United
119.3 	States regarding the transmission of electronic mail messages or
119.4 	unauthorized access to a computer, or if the offender committed
119.5 	the violation of this section in the furtherance of a felony.
119.6 	
EFFECTIVE DATE. This section is effective August 1, 2005,
119.7 	and applies to crimes committed on or after that date.

119.8 	Sec. 6. Minnesota Statutes 2004, section 518B.01,
119.9 	subdivision 22, is amended to read:
119.10 		Subd. 22.violation of a domestic abuse no contact
119.11 	order.  (a) A domestic abuse no contact order is an order issued
119.12 	by a court against a defendant in a criminal proceeding for:
119.13 	(1) domestic abuse;
119.14 	(2) harassment or stalking charged under section 609.749
119.15 	and committed against a family or household member;
119.16 	(3) violation of an order for protection charged under
119.17 	subdivision 14; or 
119.18 	(4) violation of a prior domestic abuse no contact order
119.19 	charged under this subdivision.
119.20 	It includes pretrial orders before final disposition of the case
119.21 	and probationary orders after sentencing.
119.22 	(b) A person who knows of the existence of a domestic abuse
119.23 	no contact order issued against the person and violates the
119.24 	order is guilty of a misdemeanor.
119.25 	(c) A peace officer shall arrest without a warrant and take
119.26 	into custody a person whom the peace officer has probable cause
119.27 	to believe has violated a domestic abuse no contact order, even
119.28 	if the violation of the order did not take place in the presence
119.29 	of the peace officer, if the existence of the order can be
119.30 	verified by the officer.  The person shall be held in custody
119.31 	for at least 36 hours, excluding the day of arrest, Sundays, and
119.32 	holidays, unless the person is released earlier by a judge or
119.33 	judicial officer.  A peace officer acting in good faith and
119.34 	exercising due care in making an arrest pursuant to this
119.35 	paragraph is immune from civil liability that might result from
119.36 	the officer's actions.
120.1 	
EFFECTIVE DATE. This section is effective August 1, 2005.

120.2 	Sec. 7. Minnesota Statutes 2004, section 609.119, is
120.3 	amended to read:
120.4 	609.119 ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR
120.5 	DNA TESTING.
120.6 	(a) From July 1, 2003, to June 30, 2005,The court shall
120.7 	order an offender to provide a biological specimen for the
120.8 	purpose of future DNA analysis as described in section 299C.155
120.9 	when:
120.10 	(1) the court sentences a person charged with committing or
120.11 	attempting to commit a felony offense not described in section
120.12 	609.117, subdivision 1, and the person is convicted of that
120.13 	offense or of any felony offense arising out of the same set of
120.14 	circumstances; or
120.15 	(2) the juvenile court adjudicates a person a delinquent
120.16 	child who is petitioned for committing or attempting to commit a
120.17 	felony offense not described in section 609.117, subdivision 1,
120.18 	and is adjudicated delinquent for that offense or any
120.19 	felony-level offense arising out of the same set of
120.20 	circumstances.
120.21 	The biological specimen shall be maintained by the Bureau of
120.22 	Criminal Apprehension as provided in section 299C.155.
120.23 	(b) From July 1, 2003, to June 30, 2005,The commissioner
120.24 	of corrections or local corrections authority shall order a
120.25 	person to provide a biological specimen for the purpose of
120.26 	future DNA analysis as described in section 299C.155 before
120.27 	completion of the person's term of imprisonment when the person
120.28 	has not provided a biological specimen for the purpose of DNA
120.29 	analysis, and the person:
120.30 	(1) was initially charged with committing or attempting to
120.31 	commit a felony offense not described in section 609.117,
120.32 	subdivision 1, and was convicted of that offense or of any
120.33 	felony offense arising out of the same set of circumstances; or
120.34 	(2) is serving a term of imprisonment in this state under a
120.35 	reciprocal agreement although convicted in another state of
120.36 	committing or attempting to commit a felony offense not
121.1 	described in section 609.117, subdivision 1, or of any felony
121.2 	offense arising out of the same set of circumstances if the
121.3 	person was initially charged with committing or attempting to
121.4 	commit a felony offense not described in section 609.117,
121.5 	subdivision 1.
121.6 	The commissioner of corrections or local corrections authority
121.7 	shall forward the sample to the Bureau of Criminal Apprehension.
121.8 	(c) From July 1, 2003, to June 30, 2005,When the state
121.9 	accepts an offender from another state under the interstate
121.10 	compact authorized by section 243.16 or 243.1605, the acceptance
121.11 	is conditional on the offender providing a biological specimen
121.12 	for the purposes of future DNA analysis as described in section
121.13 	299C.155, if the offender was initially charged with committing
121.14 	or attempting to commit a felony offense not described in
121.15 	section 609.117, subdivision 1, and was convicted of that
121.16 	offense or of any felony offense arising out of the same set of
121.17 	circumstances.  The specimen must be provided under supervision
121.18 	of staff from the Department of Corrections or a Community
121.19 	Corrections Act county within 15 business days after the
121.20 	offender reports to the supervising agent.  The cost of
121.21 	obtaining the biological specimen is the responsibility of the
121.22 	agency providing supervision.

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

121.24 	Sec. 8. Minnesota Statutes 2004, section 609.185, is
121.25 	amended to read:
121.26 	609.185 MURDER IN THE FIRST DEGREE.
121.27 	(a) Whoever does any of the following is guilty of murder
121.28 	in the first degree and shall be sentenced to imprisonment for
121.29 	life:
121.30 	(1) causes the death of a human being with premeditation
121.31 	and with intent to effect the death of the person or of another;
121.32 	(2) causes the death of a human being while committing or
121.33 	attempting to commit criminal sexual conduct in the first or
121.34 	second degree with force or violence, either upon or affecting
121.35 	the person or another;
121.36 	(3) causes the death of a human being with intent to effect
122.1 	the death of the person or another, while committing or
122.2 	attempting to commit burglary, aggravated robbery, kidnapping,
122.3 	arson in the first or second degree, a drive-by shooting,
122.4 	tampering with a witness in the first degree, escape from
122.5 	custody, or any felony violation of chapter 152 involving the
122.6 	unlawful sale of a controlled substance;
122.7 	(4) causes the death of a peace officer or a guard employed
122.8 	at a Minnesota state or local correctional facility, with intent
122.9 	to effect the death of that person or another, while the peace
122.10 	officer or guard is engaged in the performance of official
122.11 	duties;
122.12 	(5) causes the death of a minor while committing child
122.13 	abuse, when the perpetrator has engaged in a past pattern of
122.14 	child abuse upon the a child and the death occurs under
122.15 	circumstances manifesting an extreme indifference to human life;
122.16 	(6) causes the death of a human being while committing
122.17 	domestic abuse, when the perpetrator has engaged in a past
122.18 	pattern of domestic abuse upon the victim or upon another family
122.19 	or household member and the death occurs under circumstances
122.20 	manifesting an extreme indifference to human life; or
122.21 	(7) causes the death of a human being while committing,
122.22 	conspiring to commit, or attempting to commit a felony crime to
122.23 	further terrorism and the death occurs under circumstances
122.24 	manifesting an extreme indifference to human life.
122.25 	(b) For purposes of paragraph (a), clause (5), "child abuse"
122.26 	means an act committed against a minor victim that constitutes a
122.27 	violation of the following laws of this state or any similar
122.28 	laws of the United States or any other state:  section 609.221;
122.29 	609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344;
122.30 	609.345; 609.377; 609.378; or 609.713.
122.31 	(c) For purposes of paragraph (a), clause (6), "domestic
122.32 	abuse" means an act that:
122.33 	(1) constitutes a violation of section 609.221, 609.222,
122.34 	609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345,
122.35 	609.713, or any similar laws of the United States or any other
122.36 	state; and
123.1 	(2) is committed against the victim who is a family or
123.2 	household member as defined in section 518B.01, subdivision 2,
123.3 	paragraph (b).
123.4 	(d) For purposes of paragraph (a), clause (7), "further
123.5 	terrorism" has the meaning given in section 609.714, subdivision
123.6 	1.

123.7 	EFFECTIVE DATE. This section is effective the day
123.8 	following final enactment and applies to crimes committed on or
123.9 	after that date.

123.10 	Sec. 9. Minnesota Statutes 2004, section 609.223, is
123.11 	amended by adding a subdivision to read:
123.12 		Subd. 4.Assault by strangulation or asphyxiation. (a)
123.13 	As used in this subdivision, "strangulation" means intentionally
123.14 	impeding normal breathing or circulation of the blood by
123.15 	applying pressure on the throat or neck or by blocking the nose
123.16 	or mouth of another person.
123.17 	(b) Unless a greater penalty is provided elsewhere, whoever
123.18 	assaults another by strangulation or asphyxiation is guilty of a
123.19 	felony and may be sentenced to imprisonment for not more than
123.20 	five years or to payment of a fine of not more than $10,000, or
123.21 	both.
123.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
123.23 	and applies to crimes committed on or after that date.

123.24 	Sec. 10. Minnesota Statutes 2004, section 609.2231, is
123.25 	amended by adding a subdivision to read:
123.26 		Subd. 3a.Secure treatment facility personnel. (a) As
123.27 	used in this subdivision, "secure treatment facility" has the
123.28 	meaning given in section 253B.02, subdivision 18a.
123.29 	(b) Whoever, while committed under section 253B.185 or
123.30 	Minnesota Statutes 1992, section 526.10, commits either of the
123.31 	following acts against an employee or other individual who
123.32 	provides care or treatment at a secure treatment facility while
123.33 	the person is engaged in the performance of a duty imposed by
123.34 	law, policy, or rule is guilty of a felony and may be sentenced
123.35 	to imprisonment for not more than two years or to payment of a
123.36 	fine of not more than $4,000, or both:
124.1 	(1) assaults the person and inflicts demonstrable bodily
124.2 	harm; or 
124.3 	(2) intentionally throws or otherwise transfers bodily
124.4 	fluids or feces at or onto the person.
124.5 	(c) The court shall commit a person convicted of violating
124.6 	paragraph (b) to the custody of the commissioner of corrections
124.7 	for not less than a year and a day.  The court may not, on its
124.8 	own motion or the prosecutor's motion, sentence a person without
124.9 	regard to this paragraph.  A person convicted and sentenced as
124.10 	required by this paragraph is not eligible for probation,
124.11 	parole, discharge, work release, or supervised release, until
124.12 	that person has served the full term of imprisonment as provided
124.13 	by law, notwithstanding the provisions of sections 241.26,
124.14 	242.19, 243.05, 244.04, 609.12, and 609.135.
124.15 	(d) Notwithstanding the statutory maximum sentence provided
124.16 	in paragraph (b), when a court sentences a person to the custody
124.17 	of the commissioner of corrections for a violation of paragraph
124.18 	(b), the court shall provide that after the person has completed
124.19 	the sentence imposed, the commissioner shall place the person on
124.20 	conditional release for five years.  The terms of conditional
124.21 	release are governed by sections 244.05 and 609.109.
124.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
124.23 	and applies to crimes committed on or after that date.

124.24 	Sec. 11. Minnesota Statutes 2004, section 609.229,
124.25 	subdivision 3, is amended to read:
124.26 		Subd. 3.Penalty.  (a) If the crime committed in
124.27 	violation of subdivision 2 is a felony, the statutory maximum
124.28 	for the crime is five years longer than the statutory maximum
124.29 	for the underlying crime. If the crime committed in violation
124.30 	of subdivision 2 is a felony, and the victim of the crime is a
124.31 	child under the age of 18 years, the statutory maximum for the
124.32 	crime is ten years longer than the statutory maximum for the
124.33 	underlying crime.
124.34 	(b) If the crime committed in violation of subdivision 2 is
124.35 	a misdemeanor, the person is guilty of a gross misdemeanor.
124.36 	(c) If the crime committed in violation of subdivision 2 is
125.1 	a gross misdemeanor, the person is guilty of a felony and may be
125.2 	sentenced to imprisonment for not more than three years or to
125.3 	payment of a fine of not more than $15,000, or both.
125.4 	
EFFECTIVE DATE. This section is effective August 1, 2005,
125.5 	and applies to crimes committed on or after that date.

125.6 	Sec. 12. [609.281] DEFINITIONS.
125.7 		Subdivision 1.Generally. As used in sections 609.281 to
125.8 	609.284, the following terms have the meanings given.
125.9 		Subd. 2.Blackmail. "Blackmail" means a threat to expose
125.10 	any fact or alleged fact tending to cause shame or to subject
125.11 	any person to hatred, contempt, or ridicule.
125.12 		Subd. 3.Debt bondage. "Debt bondage" means the status
125.13 	or condition of a debtor arising from a pledge by the debtor of
125.14 	the debtor's personal services or those of a person under the
125.15 	debtor's control as a security for debt, if the value of those
125.16 	services as reasonably assessed is not applied toward the
125.17 	liquidation of the debt or the length and nature of those
125.18 	services are not respectively limited and defined.
125.19 		Subd. 4.Forced labor or services. "Forced labor or
125.20 	services" means labor or services that are performed or provided
125.21 	by another person and are obtained or maintained through an
125.22 	actor's:
125.23 	(1) threat, either implicit or explicit, scheme, plan, or
125.24 	pattern, or other action intended to cause a person to believe
125.25 	that, if the person did not perform or provide the labor or
125.26 	services, that person or another person would suffer bodily harm
125.27 	or physical restraint;
125.28 	(2) physically restraining or threatening to physically
125.29 	restrain a person;
125.30 	(3) abuse or threatened abuse of the legal process;
125.31 	(4) knowingly destroying, concealing, removing,
125.32 	confiscating, or possessing any actual or purported passport or
125.33 	other immigration document, or any other actual or purported
125.34 	government identification document, of another person; or 
125.35 	(5) use of blackmail.
125.36 		Subd. 5.Labor trafficking. "Labor trafficking" means
126.1 	the recruitment, transportation, transfer, harboring,
126.2 	enticement, provision, obtaining, or receipt of a person by any
126.3 	means, whether a United States citizen or foreign national, for
126.4 	the purpose of:
126.5 	(1) debt bondage or forced labor or services;
126.6 	(2) slavery or practices similar to slavery; or 
126.7 	(3) the removal of organs through the use of coercion or
126.8 	intimidation.
126.9 		Subd. 6.Labor trafficking victim. "Labor trafficking
126.10 	victim" means a person subjected to the practices in subdivision
126.11 	5.
126.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
126.13 	and applies to crimes committed on or after that date.

126.14 	Sec. 13. [609.282] LABOR TRAFFICKING.
126.15 	Whoever knowingly engages in the labor trafficking of
126.16 	another is guilty of a crime and may be sentenced to
126.17 	imprisonment for not more than 15 years or to payment of a fine
126.18 	of not more than $30,000, or both.  In a prosecution under this
126.19 	section the consent or age of the victim is not a defense.

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

126.22 	Sec. 14. [609.283] UNLAWFUL CONDUCT WITH RESPECT TO
126.23 	DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.
126.24 	Unless the person's conduct constitutes a violation of
126.25 	section 609.282, a person who knowingly destroys, conceals,
126.26 	removes, confiscates, or possesses any actual or purported
126.27 	passport or other immigration document, or any other actual or
126.28 	purported government identification document, of another person:
126.29 	(1) in the course of a violation of section 609.282 or
126.30 	609.322;
126.31 	(2) with intent to violate section 609.282 or 609.322; or 
126.32 	(3) to prevent or restrict or to attempt to prevent or
126.33 	restrict, without lawful authority, a person's liberty to move
126.34 	or travel, in order to maintain the labor or services of that
126.35 	person, when the person is or has been a victim of a violation
126.36 	of section 609.282 or 609.322;
127.1 	is guilty of a crime and may be sentenced to imprisonment for
127.2 	not more than five years or to payment of a fine of not more
127.3 	than $10,000, or both.  In a prosecution under this section the
127.4 	consent or age of the victim is not a defense.

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

127.7 	Sec. 15. [609.284] LABOR OR SEX TRAFFICKING CRIMES;
127.8 	DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY.
127.9 		Subdivision 1.Consent or age of victim not a
127.10 	defense. In an action under this section the consent or age of
127.11 	the victim is not a defense.
127.12 		Subd. 2.Civil liability. A labor trafficking victim may
127.13 	bring a cause of action against a person who violates section
127.14 	609.282 or 609.283.  The court may award damages, including
127.15 	punitive damages, reasonable attorney fees, and other litigation
127.16 	costs reasonably incurred by the victim.  This remedy is in
127.17 	addition to potential criminal liability.
127.18 		Subd. 3.Corporate liability. If a corporation or other
127.19 	business enterprise is convicted of violating section 609.282,
127.20 	609.283, or 609.322, in addition to the criminal penalties
127.21 	described in those sections and other remedies provided
127.22 	elsewhere in law, the court may, when appropriate:
127.23 	(1) order its dissolution or reorganization;
127.24 	(2) order the suspension or revocation of any license,
127.25 	permit, or prior approval granted to it by a state agency; or 
127.26 	(3) order the surrender of its charter if it is organized
127.27 	under Minnesota law or the revocation of its certificate to
127.28 	conduct business in Minnesota if it is not organized under
127.29 	Minnesota law.
127.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
127.31 	and applies to crimes committed on or after that date.

127.32 	Sec. 16. Minnesota Statutes 2004, section 609.321,
127.33 	subdivision 1, is amended to read:
127.34 		Subdivision 1.Scope.  For the purposes of sections
127.35 	609.321 to 609.324 609.325, the following terms have the
127.36 	meanings given.
128.1 	
EFFECTIVE DATE. This section is effective August 1, 2005,
128.2 	and applies to crimes committed on or after that date.

128.3 	Sec. 17. Minnesota Statutes 2004, section 609.321,
128.4 	subdivision 7, is amended to read:
128.5 		Subd. 7.Promotes the prostitution of an individual.
 128.6 	"Promotes the prostitution of an individual" means any of the
128.7 	following wherein the person knowingly:
128.8 	(1) solicits or procures patrons for a prostitute; or
128.9 	(2) provides, leases or otherwise permits premises or
128.10 	facilities owned or controlled by the person to aid the
128.11 	prostitution of an individual; or
128.12 	(3) owns, manages, supervises, controls, keeps or operates,
128.13 	either alone or with others, a place of prostitution to aid the
128.14 	prostitution of an individual; or
128.15 	(4) owns, manages, supervises, controls, operates,
128.16 	institutes, aids or facilitates, either alone or with others, a
128.17 	business of prostitution to aid the prostitution of an
128.18 	individual; or
128.19 	(5) admits a patron to a place of prostitution to aid the
128.20 	prostitution of an individual; or 
128.21 	(6) transports an individual from one point within this
128.22 	state to another point either within or without this state, or
128.23 	brings an individual into this state to aid the prostitution of
128.24 	the individual; or 
128.25 	(7) engages in the sex trafficking of an individual.
128.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
128.27 	and applies to crimes committed on or after that date.

128.28 	Sec. 18. Minnesota Statutes 2004, section 609.321, is
128.29 	amended by adding a subdivision to read:
128.30 		Subd. 7a.Sex trafficking. "Sex trafficking" means
128.31 	receiving, recruiting, enticing, harboring, providing, or
128.32 	obtaining by any means an individual to aid in the prostitution
128.33 	of the individual.
128.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
128.35 	and applies to crimes committed on or after that date.

128.36 	Sec. 19. Minnesota Statutes 2004, section 609.321, is
129.1 	amended by adding a subdivision to read:
129.2 		Subd. 7b.Sex trafficking victim. "Sex trafficking
129.3 	victim" means a person subjected to the practices in subdivision
129.4 	7a.
129.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
129.6 	and applies to crimes committed on or after that date.

129.7 	Sec. 20. [609.3243] LOITERING WITH INTENT TO PARTICIPATE
129.8 	IN PROSTITUTION.
129.9 	A person who loiters in a public place with intent to
129.10 	participate in prostitution is guilty of a misdemeanor.

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

129.13 	Sec. 21. Minnesota Statutes 2004, section 609.325, is
129.14 	amended by adding a subdivision to read:
129.15 		Subd. 4.Affirmative defense. It is an affirmative
129.16 	defense to a charge under section 609.324 if the defendant
129.17 	proves by a preponderance of the evidence that the defendant is
129.18 	a labor trafficking victim, as defined in section 609.281, or a
129.19 	sex trafficking victim, as defined in section 609.321, and that
129.20 	the defendant committed the act only under compulsion by another
129.21 	who by explicit or implicit threats created a reasonable
129.22 	apprehension in the mind of the defendant that if the defendant
129.23 	did not commit the act, the person would inflict bodily harm
129.24 	upon the defendant.
129.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
129.26 	and applies to crimes committed on or after that date.

129.27 	Sec. 22. Minnesota Statutes 2004, section 609.341,
129.28 	subdivision 14, is amended to read:
129.29 		Subd. 14.Coercion.  "Coercion" means the use by the
129.30 	actor of words or circumstances that cause the complainant
129.31 	reasonably to fear that the actor will inflict bodily harm upon,
129.32 	or hold in confinement,the complainant or another, or force the
129.33 	use by the actor of confinement, or superior size or strength,
129.34 	against the complainant that causes the complainant to submit to
129.35 	sexual penetration or contact, but against the complainant's
129.36 	will.Proof of coercion does not require proof of a specific
130.1 	act or threat.
130.2 	
EFFECTIVE DATE. This section is effective August 1, 2005,
130.3 	and applies to crimes committed on or after that date.

130.4 	Sec. 23. Minnesota Statutes 2004, section 609.485,
130.5 	subdivision 2, is amended to read:
130.6 		Subd. 2.Acts prohibited.  Whoever does any of the
130.7 	following may be sentenced as provided in subdivision 4:
130.8 	(1) escapes while held pursuant to a lawful arrest, in
130.9 	lawful custody on a charge or conviction of a crime, or while
130.10 	held in lawful custody on an allegation or adjudication of a
130.11 	delinquent act;
130.12 	(2) transfers to another, who is in lawful custody on a
130.13 	charge or conviction of a crime, or introduces into an
130.14 	institution in which the latter is confined, anything usable in
130.15 	making such escape, with intent that it shall be so used;
130.16 	(3) having another in lawful custody on a charge or
130.17 	conviction of a crime, intentionally permits the other to
130.18 	escape;
130.19 	(4) escapes while in a facility designated under section
130.20 	253B.18, subdivision 1, pursuant to a court commitment order
130.21 	after a finding of not guilty by reason of mental illness or
130.22 	mental deficiency of a crime against the person, as defined in
130.23 	section 253B.02, subdivision 4a.  Notwithstanding section
130.24 	609.17, no person may be charged with or convicted of an attempt
130.25 	to commit a violation of this clause; or 
130.26 	(5) escapes while in a facility designated under section
130.27 	253B.18, subdivision 1, pursuant to a court commitment order
130.28 	under section 253B.185 or Minnesota Statutes 1992, section
130.29 	526.10; or 
130.30 	(6) knowingly absconds or fails to return to custody
130.31 	following the revocation of provisional discharge under section
130.32 	253B.18 of a person committed under section 253B.185 or
130.33 	Minnesota Statutes 1992, section 526.10.
130.34 	For purposes of clause (1), "escapes while held in lawful
130.35 	custody" includes absconding from electronic monitoring or
130.36 	absconding after removing an electronic monitoring device from
131.1 	the person's body.
131.2 	
EFFECTIVE DATE. This section is effective August 1, 2005,
131.3 	and applies to crimes committed on or after that date.

131.4 	Sec. 24. Minnesota Statutes 2004, section 609.485,
131.5 	subdivision 4, is amended to read:
131.6 		Subd. 4.Sentence.  (a) Except as otherwise provided in
131.7 	subdivision 3a, whoever violates this section may be sentenced
131.8 	as follows:
131.9 	(1) if the person who escapes is in lawful custody for a
131.10 	felony, to imprisonment for not more than five years or to
131.11 	payment of a fine of not more than $10,000, or both;
131.12 	(2) if the person who escapes is in lawful custody after a
131.13 	finding of not guilty by reason of mental illness or mental
131.14 	deficiency of a crime against the person, as defined in section
131.15 	253B.02, subdivision 4a, or pursuant to a court commitment order
131.16 	under section 253B.185 or Minnesota Statutes 1992, section
131.17 	526.10, or violates subdivision 2, clause (6),to imprisonment
131.18 	for not more than one year and one day or to payment of a fine
131.19 	of not more than $3,000, or both; or
131.20 	(3) if the person who escapes is in lawful custody for a
131.21 	gross misdemeanor or misdemeanor, or if the person who escapes
131.22 	is in lawful custody on an allegation or adjudication of a
131.23 	delinquent act, to imprisonment for not more than one year or to
131.24 	payment of a fine of not more than $3,000, or both.
131.25 	(b) If the escape was a violation of subdivision 2, clause
131.26 	(1), (2), or (3), and was effected by violence or threat of
131.27 	violence against a person, the sentence may be increased to not
131.28 	more than twice those permitted in paragraph (a), clauses (1)
131.29 	and (3).
131.30 	(c) Unless a concurrent term is specified by the court, a
131.31 	sentence under this section shall be consecutive to any sentence
131.32 	previously imposed or which may be imposed for any crime or
131.33 	offense for which the person was in custody when the person
131.34 	escaped.
131.35 	(d) Notwithstanding paragraph (c), if a person who was
131.36 	committed to the commissioner of corrections under section
132.1 	260B.198 escapes from the custody of the commissioner while 18
132.2 	years of age, the person's sentence under this section shall
132.3 	commence on the person's 19th birthday or on the person's date
132.4 	of discharge by the commissioner of corrections, whichever
132.5 	occurs first.  However, if the person described in this clause
132.6 	is convicted under this section after becoming 19 years old and
132.7 	after having been discharged by the commissioner, the person's
132.8 	sentence shall commence upon imposition by the sentencing court.
132.9 	(e) Notwithstanding paragraph (c), if a person who is in
132.10 	lawful custody on an allegation or adjudication of a delinquent
132.11 	act while 18 years of age escapes from a local juvenile
132.12 	correctional facility, the person's sentence under this section
132.13 	begins on the person's 19th birthday or on the person's date of
132.14 	discharge from the jurisdiction of the juvenile court, whichever
132.15 	occurs first.  However, if the person described in this
132.16 	paragraph is convicted after becoming 19 years old and after
132.17 	discharge from the jurisdiction of the juvenile court, the
132.18 	person's sentence begins upon imposition by the sentencing court.
132.19 	(f) Notwithstanding paragraph (a), any person who escapes
132.20 	or absconds from electronic monitoring or removes an electric
132.21 	monitoring device from the person's body is guilty of a crime
132.22 	and shall be sentenced to imprisonment for not more than one
132.23 	year or to a payment of a fine of not more than $3,000, or
132.24 	both.  A person in lawful custody for a violation of section
132.25 	609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
132.26 	609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345,
132.27 	or 609.3451 who escapes or absconds from electronic monitoring
132.28 	or removes an electronic monitoring device while under sentence
132.29 	may be sentenced to imprisonment for not more than five years or
132.30 	to a payment of a fine of not more than $10,000, or both.
132.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
132.32 	and applies to crimes committed on or after that date.

132.33 	Sec. 25. Minnesota Statutes 2004, section 609.487, is
132.34 	amended by adding a subdivision to read:
132.35 		Subd. 6.Fleeing, other than vehicle. Whoever, for the
132.36 	purpose of avoiding arrest, detention, or investigation, or in
133.1 	order to conceal or destroy potential evidence related to the
133.2 	commission of a crime, attempts to evade or elude a peace
133.3 	officer, who is acting in the lawful discharge of an official
133.4 	duty, by means of running, hiding, or by any other means except
133.5 	fleeing in a motor vehicle, is guilty of a misdemeanor.
133.6 	
EFFECTIVE DATE. This section is effective August 1, 2005,
133.7 	and applies to crimes committed on or after that date.

133.8 	Sec. 26. Minnesota Statutes 2004, section 609.50,
133.9 	subdivision 1, is amended to read:
133.10 		Subdivision 1.Crime.  Whoever intentionally does any of
133.11 	the following may be sentenced as provided in subdivision 2:
133.12 	(1) obstructs, hinders, or prevents the lawful execution of
133.13 	any legal process, civil or criminal, or apprehension of another
133.14 	on a charge or conviction of a criminal offense;
133.15 	(2) obstructs, resists, or interferes with a peace officer
133.16 	while the officer is engaged in the performance of official
133.17 	duties;
133.18 	(3) interferes with or obstructs the prevention or
133.19 	extinguishing of a fire, or disobeys the lawful order of a
133.20 	firefighter present at the fire while the firefighter is engaged
133.21 	in the performance of official duties; or 
133.22 	(4) interferes with or obstructs a member of an ambulance
133.23 	service personnel crew, as defined in section 144E.001,
133.24 	subdivision 3a, who is providing, or attempting to provide,
133.25 	emergency care; or 
133.26 	(5) by force or threat of force endeavors to obstruct any
133.27 	employee of the Department of Revenue while the employee is
133.28 	lawfully engaged in the performance of official duties for the
133.29 	purpose of deterring or interfering with the performance of
133.30 	those duties.
133.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
133.32 	and applies to crimes committed on or after that date.

133.33 	Sec. 27. Minnesota Statutes 2004, section 609.527,
133.34 	subdivision 1, is amended to read:
133.35 		Subdivision 1.Definitions.  (a) As used in this section,
133.36 	the following terms have the meanings given them in this
134.1 	subdivision.
134.2 	(b) "Direct victim" means any person or entity described in
134.3 	section 611A.01, paragraph (b), whose identity has been
134.4 	transferred, used, or possessed in violation of this section.
134.5 	(c) "False pretense" means any false, fictitious,
134.6 	misleading, or fraudulent information or pretense or pretext
134.7 	depicting or including or deceptively similar to the name, logo,
134.8 	Web site address, e-mail address, postal address, telephone
134.9 	number, or any other identifying information of a for-profit or
134.10 	not-for-profit business or organization or of a government
134.11 	agency, to which the user has no legitimate claim of right.
134.12 	(d) "Identity" means any name, number, or data transmission
134.13 	that may be used, alone or in conjunction with any other
134.14 	information, to identify a specific individual or entity,
134.15 	including any of the following:
134.16 	(1) a name, Social Security number, date of birth, official
134.17 	government-issued driver's license or identification number,
134.18 	government passport number, or employer or taxpayer
134.19 	identification number;
134.20 	(2) unique electronic identification number, address,
134.21 	account number, or routing code; or
134.22 	(3) telecommunication identification information or access
134.23 	device.
134.24 	(d) (e) "Indirect victim" means any person or entity
134.25 	described in section 611A.01, paragraph (b), other than a direct
134.26 	victim.
134.27 	(e) (f) "Loss" means value obtained, as defined in section
134.28 	609.52, subdivision 1, clause (3), and expenses incurred by a
134.29 	direct or indirect victim as a result of a violation of this
134.30 	section.
134.31 	(f) (g) "Unlawful activity" means:
134.32 	(1) any felony violation of the laws of this state or any
134.33 	felony violation of a similar law of another state or the United
134.34 	States; and
134.35 	(2) any nonfelony violation of the laws of this state
134.36 	involving theft, theft by swindle, forgery, fraud, or giving
135.1 	false information to a public official, or any nonfelony
135.2 	violation of a similar law of another state or the United States.
135.3 	
EFFECTIVE DATE. This section is effective August 1, 2005,
135.4 	and applies to crimes committed on or after that date.

135.5 	Sec. 28. Minnesota Statutes 2004, section 609.527,
135.6 	subdivision 3, is amended to read:
135.7 		Subd. 3.Penalties.  A person who violates subdivision 2
135.8 	may be sentenced as follows:
135.9 	(1) if the offense involves a single direct victim and the
135.10 	total, combined loss to the direct victim and any indirect
135.11 	victims is $250 or less, the person may be sentenced as provided
135.12 	in section 609.52, subdivision 3, clause (5);
135.13 	(2) if the offense involves a single direct victim and the
135.14 	total, combined loss to the direct victim and any indirect
135.15 	victims is more than $250 but not more than $500, the person may
135.16 	be sentenced as provided in section 609.52, subdivision 3,
135.17 	clause (4);
135.18 	(3) if the offense involves two or three direct victims or
135.19 	the total, combined loss to the direct and indirect victims is
135.20 	more than $500 but not more than $2,500, the person may be
135.21 	sentenced as provided in section 609.52, subdivision 3, clause
135.22 	(3);
135.23 	(4) if the offense involves more than three but not more
135.24 	than seven direct victims, or if the total combined loss to the
135.25 	direct and indirect victims is more than $2,500, the person may
135.26 	be sentenced as provided in section 609.52, subdivision 3,
135.27 	clause (2); and
135.28 	(5) if the offense involves eight or more direct victims,;
135.29 	or if the total, combined loss to the direct and indirect
135.30 	victims is more than $35,000,; or if the offense is related to
135.31 	possession or distribution of pornographic work in violation of
135.32 	section 617.246 or 617.247;the person may be sentenced as
135.33 	provided in section 609.52, subdivision 3, clause (1).
135.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
135.35 	and applies to crimes committed on or after that date.

135.36 	Sec. 29. Minnesota Statutes 2004, section 609.527,
136.1 	subdivision 4, is amended to read:
136.2 		Subd. 4.Restitution; items provided to victim. (a) A
136.3 	direct or indirect victim of an identity theft crime shall be
136.4 	considered a victim for all purposes, including any rights that
136.5 	accrue under chapter 611A and rights to court-ordered
136.6 	restitution.
136.7 	(b) Upon the written request of a direct victim or the
136.8 	prosecutor setting forth with specificity the facts and
136.9 	circumstances of the offense in a proposed order, the court
136.10 	shall provide to the victim, without cost, a certified copy of
136.11 	the complaint filed in the matter, the judgment of conviction,
136.12 	and an order setting forth the facts and circumstances of the
136.13 	offense.
136.14 	
EFFECTIVE DATE. This section is effective August 1, 2005,
136.15 	and applies to crimes committed on or after that date.

136.16 	Sec. 30. Minnesota Statutes 2004, section 609.527, is
136.17 	amended by adding a subdivision to read:
136.18 		Subd. 5a.Crime of electronic use of false pretense to
136.19 	obtain identity. (a) A person who, with intent to obtain the
136.20 	identity of another, uses a false pretense in an e-mail to
136.21 	another person or in a Web page, electronic communication,
136.22 	advertisement, or any other communication on the Internet, is
136.23 	guilty of a crime.
136.24 	(b) Whoever commits such offense may be sentenced to
136.25 	imprisonment for not more than five years or to payment of a
136.26 	fine of not more than $10,000, or both.
136.27 	(c) In a prosecution under this subdivision, it is not a
136.28 	defense that:
136.29 	(1) the person committing the offense did not obtain the
136.30 	identity of another;
136.31 	(2) the person committing the offense did not use the
136.32 	identity; or 
136.33 	(3) the offense did not result in financial loss or any
136.34 	other loss to any person.
136.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
136.36 	and applies to crimes committed on or after that date.

137.1 	Sec. 31. Minnesota Statutes 2004, section 609.527,
137.2 	subdivision 6, is amended to read:
137.3 		Subd. 6.Venue.  Notwithstanding anything to the contrary
137.4 	in section 627.01, an offense committed under subdivision 2 or
137.5 	5a may be prosecuted in:
137.6 	(1) the county where the offense occurred; or 
137.7 	(2) the county of residence or place of business of the
137.8 	direct victim or indirect victim; or 
137.9 	(3) in the case of a violation of subdivision 5a, the
137.10 	county or place of residence of the person whose identity was
137.11 	obtained or sought.
137.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
137.13 	and applies to crimes committed on or after that date.

137.14 	Sec. 32. Minnesota Statutes 2004, section 609.531,
137.15 	subdivision 1, is amended to read:
137.16 		Subdivision 1.Definitions.  For the purpose of sections
137.17 	609.531 to 609.5318, the following terms have the meanings given
137.18 	them.
137.19 	(a) "Conveyance device" means a device used for
137.20 	transportation and includes, but is not limited to, a motor
137.21 	vehicle, trailer, snowmobile, airplane, and vessel and any
137.22 	equipment attached to it.  The term "conveyance device" does not
137.23 	include property which is, in fact, itself stolen or taken in
137.24 	violation of the law.
137.25 	(b) "Weapon used" means a dangerous weapon as defined under
137.26 	section 609.02, subdivision 6, that the actor used or had in
137.27 	possession in furtherance of a crime.
137.28 	(c) "Property" means property as defined in section 609.52,
137.29 	subdivision 1, clause (1).
137.30 	(d) "Contraband" means property which is illegal to possess
137.31 	under Minnesota law.
137.32 	(e) "Appropriate agency" means the Bureau of Criminal
137.33 	Apprehension, the Minnesota Division of Driver and Vehicle
137.34 	Services, the Minnesota State Patrol, a county sheriff's
137.35 	department, the Suburban Hennepin Regional Park District park
137.36 	rangers, the Department of Natural Resources Division of
138.1 	Enforcement, the University of Minnesota Police Department, or a
138.2 	city or airport police department.
138.3 	(f) "Designated offense" includes:
138.4 	(1) for weapons used:  any violation of this chapter,
138.5 	chapter 152, or chapter 624;
138.6 	(2) for driver's license or identification card
138.7 	transactions:  any violation of section 171.22; and
138.8 	(3) for all other purposes:  a felony violation of, or a
138.9 	felony-level attempt or conspiracy to violate, section 325E.17;
138.10 	325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
138.11 	609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282;
138.12 	609.283;609.322; 609.342, subdivision 1, clauses (a) to (f);
138.13 	609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision
138.14 	1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1,
138.15 	clauses (a) to (e), and (h) to (j); 609.42; 609.425; 609.466;
138.16 	609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53;
138.17 	609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59;
138.18 	609.595; 609.631; 609.66, subdivision 1e; 609.671, subdivisions
138.19 	3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88;
138.20 	609.89; 609.893; 609.895; 617.246; or a gross misdemeanor or
138.21 	felony violation of section 609.891 or 624.7181; or any
138.22 	violation of section 609.324.
138.23 	(g) "Controlled substance" has the meaning given in section
138.24 	152.01, subdivision 4.
138.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
138.26 	and applies to crimes committed on or after that date.

138.27 	Sec. 33. Minnesota Statutes 2004, section 609.5315,
138.28 	subdivision 1, is amended to read:
138.29 		Subdivision 1.Disposition.  (a) Subject to paragraph
138.30 	(b), if the court finds under section 609.5313, 609.5314, or
138.31 	609.5318 that the property is subject to forfeiture, it shall
138.32 	order the appropriate agency to do one of the following:
138.33 	(1) unless a different disposition is provided under clause
138.34 	(3) or (4), either destroy firearms, ammunition, and firearm
138.35 	accessories that the agency decides not to use for law
138.36 	enforcement purposes under clause (8), or sell them to federally
139.1 	licensed firearms dealers, as defined in section 624.7161,
139.2 	subdivision 1, and distribute the proceeds under subdivision
139.3 	5 or 5b;
139.4 	(2) sell property that is not required to be destroyed by
139.5 	law and is not harmful to the public and distribute the proceeds
139.6 	under subdivision 5 or 5b;
139.7 	(3) sell antique firearms, as defined in section 624.712,
139.8 	subdivision 3, to the public and distribute the proceeds under
139.9 	subdivision 5 or 5b;
139.10 	(4) destroy or use for law enforcement purposes
139.11 	semiautomatic military-style assault weapons, as defined in
139.12 	section 624.712, subdivision 7;
139.13 	(5) take custody of the property and remove it for
139.14 	disposition in accordance with law;
139.15 	(6) forward the property to the federal drug enforcement
139.16 	administration;
139.17 	(7) disburse money as provided under subdivision 5 or 5b;
139.18 	or
139.19 	(8) keep property other than money for official use by the
139.20 	agency and the prosecuting agency.
139.21 	(b) Notwithstanding paragraph (a), the Hennepin or Ramsey
139.22 	county sheriff may not sell firearms, ammunition, or firearms
139.23 	accessories if the policy is disapproved by the applicable
139.24 	county board.
139.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
139.26 	and applies to crimes committed on or after that date.

139.27 	Sec. 34. Minnesota Statutes 2004, section 609.5315, is
139.28 	amended by adding a subdivision to read:
139.29 		Subd. 5b.Disposition of certain forfeited proceeds;
139.30 	trafficking of persons; report required. (a) For forfeitures
139.31 	resulting from violations of section 609.282, 609.283, or
139.32 	609.322, the money or proceeds from the sale of forfeited
139.33 	property, after payment of seizure, storage, forfeiture, and
139.34 	sale expenses, and satisfaction of valid liens against the
139.35 	property, must be distributed as follows:
139.36 	(1) 40 percent of the proceeds must be forwarded to the
140.1 	appropriate agency for deposit as a supplement to the agency's
140.2 	operating fund or similar fund for use in law enforcement;
140.3 	(2) 20 percent of the proceeds must be forwarded to the
140.4 	county attorney or other prosecuting agency that handled the
140.5 	forfeiture for deposit as a supplement to its operating fund or
140.6 	similar fund for prosecutorial purposes; and 
140.7 	(3) the remaining 40 percent of the proceeds must be
140.8 	forwarded to the commissioner of public safety and are
140.9 	appropriated to the commissioner for distribution to crime
140.10 	victims services organizations that provide services to victims
140.11 	of trafficking offenses.
140.12 	(b) By February 15 of each year, the commissioner of public
140.13 	safety shall report to the chairs and ranking minority members
140.14 	of the senate and house committees or divisions having
140.15 	jurisdiction over criminal justice funding on the money
140.16 	collected under paragraph (a), clause (3).  The report must
140.17 	indicate the following relating to the preceding calendar year:
140.18 	(1) the amount of money appropriated to the commissioner;
140.19 	(2) how the money was distributed by the commissioner; and 
140.20 	(3) what the organizations that received the money did with
140.21 	it.
140.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
140.23 	and applies to crimes committed on or after that date.

140.24 	Sec. 35. Minnesota Statutes 2004, section 609.746,
140.25 	subdivision 1, is amended to read:
140.26 		Subdivision 1.Surreptitious intrusion; observation
140.27 	device.  (a) A person is guilty of a gross misdemeanor who:
140.28 	(1) enters upon another's property;
140.29 	(2) surreptitiously gazes, stares, or peeps in the window
140.30 	or any other aperture of a house or place of dwelling of
140.31 	another; and
140.32 	(3) does so with intent to intrude upon or interfere with
140.33 	the privacy of a member of the household.
140.34 	(b) A person is guilty of a gross misdemeanor who:
140.35 	(1) enters upon another's property;
140.36 	(2) surreptitiously installs or uses any device for
141.1 	observing, photographing, recording, amplifying, or broadcasting
141.2 	sounds or events through the window or any other aperture of a
141.3 	house or place of dwelling of another; and
141.4 	(3) does so with intent to intrude upon or interfere with
141.5 	the privacy of a member of the household.
141.6 	(c) A person is guilty of a gross misdemeanor who:
141.7 	(1) surreptitiously gazes, stares, or peeps in the window
141.8 	or other aperture of a sleeping room in a hotel, as defined in
141.9 	section 327.70, subdivision 3, a tanning booth, or other place
141.10 	where a reasonable person would have an expectation of privacy
141.11 	and has exposed or is likely to expose their intimate parts, as
141.12 	defined in section 609.341, subdivision 5, or the clothing
141.13 	covering the immediate area of the intimate parts; and
141.14 	(2) does so with intent to intrude upon or interfere with
141.15 	the privacy of the occupant.
141.16 	(d) A person is guilty of a gross misdemeanor who:
141.17 	(1) surreptitiously installs or uses any device for
141.18 	observing, photographing, recording, amplifying, or broadcasting
141.19 	sounds or events through the window or other aperture of a
141.20 	sleeping room in a hotel, as defined in section 327.70,
141.21 	subdivision 3, a tanning booth, or other place where a
141.22 	reasonable person would have an expectation of privacy and has
141.23 	exposed or is likely to expose their intimate parts, as defined
141.24 	in section 609.341, subdivision 5, or the clothing covering the
141.25 	immediate area of the intimate parts; and
141.26 	(2) does so with intent to intrude upon or interfere with
141.27 	the privacy of the occupant.
141.28 	(e) A person is guilty of a gross misdemeanor felony and
141.29 	may be sentenced to imprisonment for not more than two years or
141.30 	to payment of a fine of not more than $5,000, or both,if the
141.31 	person:
141.32 	(1) violates this subdivision after a previous conviction
141.33 	under this subdivision or section 609.749; or
141.34 	(2) violates this subdivision against a minor under the age
141.35 	of 16 18, knowing or having reason to know that the minor is
141.36 	present.
142.1 	(f) Paragraphs (b) and (d) do not apply to law enforcement
142.2 	officers or corrections investigators, or to those acting under
142.3 	their direction, while engaged in the performance of their
142.4 	lawful duties.  Paragraphs (c) and (d) do not apply to conduct
142.5 	in:  (1) a medical facility; or (2) a commercial establishment
142.6 	if the owner of the establishment has posted conspicuous signs
142.7 	warning that the premises are under surveillance by the owner or
142.8 	the owner's employees.
142.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
142.10 	and applies to crimes committed on or after that date.

142.11 	Sec. 36. Minnesota Statutes 2004, section 609.748,
142.12 	subdivision 2, is amended to read:
142.13 		Subd. 2.Restraining order; jurisdiction.  A person who
142.14 	is a victim of harassment may seek a restraining order from the
142.15 	district court in the manner provided in this section.  The
142.16 	parent or ,guardian, or stepparent of a minor who is a victim of
142.17 	harassment may seek a restraining order from the district court
142.18 	on behalf of the minor.
142.19 	
EFFECTIVE DATE. This section is effective August 1, 2005.

142.20 	Sec. 37. Minnesota Statutes 2004, section 609.748,
142.21 	subdivision 3a, is amended to read:
142.22 		Subd. 3a.Filing fee; cost of service.  The filing fees
142.23 	for a restraining order under this section are waived for the
142.24 	petitioner if the petition alleges acts that would constitute a
142.25 	violation of section 609.749, subdivision 2 or 3, or sections
142.26 	609.342 to 609.3451.  The court administrator and the sheriff of
142.27 	any county in this state shall perform their duties relating to
142.28 	service of process without charge to the petitioner.  The court
142.29 	shall direct payment of the reasonable costs of service of
142.30 	process if served by a private process server when the sheriff
142.31 	is unavailable or if service is made by publication.  The court
142.32 	may direct a respondent to pay to the court administrator the
142.33 	petitioner's filing fees and reasonable costs of service of
142.34 	process if the court determines that the respondent has the
142.35 	ability to pay the petitioner's fees and costs.
142.36 	
EFFECTIVE DATE. This section is effective July 1, 2005.

143.1 	Sec. 38. Minnesota Statutes 2004, section 609.749,
143.2 	subdivision 2, is amended to read:
143.3 		Subd. 2.Harassment and stalking crimes.  (a) A person
143.4 	who harasses another by committing any of the following acts is
143.5 	guilty of a gross misdemeanor:
143.6 	(1) directly or indirectly manifests a purpose or intent to
143.7 	injure the person, property, or rights of another by the
143.8 	commission of an unlawful act;
143.9 	(2) stalks, follows, monitors,or pursues another, whether
143.10 	in person or through technological or other means;
143.11 	(3) returns to the property of another if the actor is
143.12 	without claim of right to the property or consent of one with
143.13 	authority to consent;
143.14 	(4) repeatedly makes telephone calls, or induces a victim
143.15 	to make telephone calls to the actor, whether or not
143.16 	conversation ensues;
143.17 	(5) makes or causes the telephone of another repeatedly or
143.18 	continuously to ring;
143.19 	(6) repeatedly mails or delivers or causes the delivery by
143.20 	any means, including electronically, of letters, telegrams,
143.21 	messages, packages, or other objects; or
143.22 	(7) knowingly makes false allegations against a peace
143.23 	officer concerning the officer's performance of official duties
143.24 	with intent to influence or tamper with the officer's
143.25 	performance of official duties.
143.26 	(b) The conduct described in paragraph (a), clauses (4) and
143.27 	(5), may be prosecuted at the place where any call is either
143.28 	made or received or, additionally in the case of wireless or
143.29 	electronic communication, where the actor or victim resides.
143.30 	The conduct described in paragraph (a), clause (2), may be
143.31 	prosecuted where the actor or victim resides.  The conduct
143.32 	described in paragraph (a), clause (6), may be prosecuted where
143.33 	any letter, telegram, message, package, or other object is
143.34 	either sent or received or, additionally in the case of wireless
143.35 	or electronic communication, where the actor or victim resides.
143.36 	(c) A peace officer may not make a warrantless, custodial
144.1 	arrest of any person for a violation of paragraph (a), clause
144.2 	(7).
144.3 	
EFFECTIVE DATE. This section is effective August 1, 2005,
144.4 	and applies to crimes committed on or after that date.

144.5 	Sec. 39. Minnesota Statutes 2004, section 609.79,
144.6 	subdivision 2, is amended to read:
144.7 		Subd. 2.Venue.  The offense may be prosecuted either at
144.8 	the place where the call is made or where it is received or,
144.9 	additionally in the case of wireless or electronic
144.10 	communication, where the sender or receiver resides.
144.11 	
EFFECTIVE DATE. This section is effective August 1, 2005,
144.12 	and applies to crimes committed on or after that date.

144.13 	Sec. 40. Minnesota Statutes 2004, section 609.795, is
144.14 	amended by adding a subdivision to read:
144.15 		Subd. 3.Venue. The offense may be prosecuted either at
144.16 	the place where the letter, telegram, or package is sent or
144.17 	received or, alternatively in the case of wireless electronic
144.18 	communication, where the sender or receiver resides.
144.19 	
EFFECTIVE DATE. This section is effective August 1, 2005,
144.20 	and applies to crimes committed on or after that date.

144.21 	Sec. 41. Minnesota Statutes 2004, section 628.26, is
144.22 	amended to read:
144.23 	628.26 LIMITATIONS.
144.24 	(a) Indictments or complaints for any crime resulting in
144.25 	the death of the victim may be found or made at any time after
144.26 	the death of the person killed.
144.27 	(b) Indictments or complaints for a violation of section
144.28 	609.25 may be found or made at any time after the commission of
144.29 	the offense.
144.30 	(c) Indictments or complaints for violation of section
144.31 	609.282 may be found or made at any time after the commission of
144.32 	the offense if the victim was under the age of 18 at the time of
144.33 	the offense.
144.34 	(d) Indictments or complaints for violation of section
144.35 	609.282 where the victim was 18 years of age or older at the
144.36 	time of the offense, or 609.42, subdivision 1, clause (1) or
145.1 	(2), shall be found or made and filed in the proper court within
145.2 	six years after the commission of the offense.
145.3 	(d) (e) Indictments or complaints for violation of sections
145.4 	609.342 to 609.345 if the victim was under the age of 18 years
145.5 	at the time the offense was committed, shall be found or made
145.6 	and filed in the proper court within nine years after the
145.7 	commission of the offense or, if the victim failed to report the
145.8 	offense within this limitation period, within three years after
145.9 	the offense was reported to law enforcement authorities.
145.10 	(e) (f) Notwithstanding the limitations in paragraph
145.11 	(d) (e), indictments or complaints for violation of sections
145.12 	609.342 to 609.344 may be found or made and filed in the proper
145.13 	court at any time after commission of the offense, if physical
145.14 	evidence is collected and preserved that is capable of being
145.15 	tested for its DNA characteristics.  If this evidence is not
145.16 	collected and preserved and the victim was 18 years old or older
145.17 	at the time of the offense, the prosecution must be commenced
145.18 	within nine years after the commission of the offense.
145.19 	(f) (g) Indictments or complaints for violation of sections
145.20 	609.466 and 609.52, subdivision 2, clause (3), item (iii), shall
145.21 	be found or made and filed in the proper court within six years
145.22 	after the commission of the offense.
145.23 	(g) (h) Indictments or complaints for violation of section
145.24 	609.52, subdivision 2, clause (3), items (i) and (ii), (4),
145.25 	(15), or (16), 609.631, or 609.821, where the value of the
145.26 	property or services stolen is more than $35,000, shall be found
145.27 	or made and filed in the proper court within five years after
145.28 	the commission of the offense.
145.29 	(h) (i) Except for violations relating to false material
145.30 	statements, representations or omissions, indictments or
145.31 	complaints for violations of section 609.671 shall be found or
145.32 	made and filed in the proper court within five years after the
145.33 	commission of the offense.
145.34 	(i) (j) Indictments or complaints for violation of sections
145.35 	609.561 to 609.563, shall be found or made and filed in the
145.36 	proper court within five years after the commission of the
146.1 	offense.
146.2 	(j) (k) In all other cases, indictments or complaints shall
146.3 	be found or made and filed in the proper court within three
146.4 	years after the commission of the offense.
146.5 	(k) (l) The limitations periods contained in this section
146.6 	shall exclude any period of time during which the defendant was
146.7 	not an inhabitant of or usually resident within this state.
146.8 	(l) (m) The limitations periods contained in this section
146.9 	for an offense shall not include any period during which the
146.10 	alleged offender participated under a written agreement in a
146.11 	pretrial diversion program relating to that offense.
146.12 	(m) (n) The limitations periods contained in this section
146.13 	shall not include any period of time during which physical
146.14 	evidence relating to the offense was undergoing DNA analysis, as
146.15 	defined in section 299C.155, unless the defendant demonstrates
146.16 	that the prosecuting or law enforcement agency purposefully
146.17 	delayed the DNA analysis process in order to gain an unfair
146.18 	advantage.

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

146.21 	Sec. 42. CERTAIN MINNESOTA SENTENCING GUIDELINES
146.22 	COMMISSION RECOMMENDATIONS ADOPTED; OTHERS REJECTED.
 146.23 	The following modifications proposed by the Minnesota
146.24 	Sentencing Guidelines Commission in its January 2005 report to
146.25 	the legislature are adopted and take effect on August 1, 2005:
146.26 	(1) those described as "I.  Modifications Related to
146.27 	Blakely Decision" on pages 11 to 18 of the report; and 
146.28 	(2) those described as "II.  Other Adopted Modifications"
146.29 	on page 19 of the report.
146.30 	The modifications described as "III.  Adopted Modifications
146.31 	Related to Sex Offenses" on pages 20 to 42 of the report are
146.32 	rejected and do not go into effect.

146.33 	EFFECTIVE DATE. This section is effective the day
146.34 	following final enactment.

146.35 	Sec. 43. REPEALER.
 146.36 	Minnesota Statutes 2004, sections 609.106, subdivision 2,
147.1 	and 609.725, are repealed.

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

147.4 	ARTICLE 8
147.5 	911 EMERGENCY TELECOMMUNICATIONS SERVICES

147.6 	Section 1. [237.491] COMBINED PER NUMBER FEE.
147.7 		Subdivision 1.Definitions. (a) The definitions in this
147.8 	subdivision apply to this section.
147.9 	(b) "911 emergency and public safety communications program"
147.10 	means the program governed by chapter 403.
147.11 	(c) "Minnesota telephone number" means a ten-digit
147.12 	telephone number being used to connect to the public switched
147.13 	telephone network and starting with area code 218, 320, 507,
147.14 	612, 651, 763, or 952, or any subsequent area code assigned to
147.15 	this state.
147.16 	(d) "Service provider" means a provider doing business in
147.17 	this state who provides real time, two-way voice service with a
147.18 	Minnesota telephone number.
147.19 	(e) "Telecommunications access Minnesota program" means the
147.20 	program governed by sections 237.50 to 237.55.
147.21 	(f) "Telephone assistance program" means the program
147.22 	governed by sections 237.69 to 237.711.
147.23 		Subd. 2.Per number fee. (a) By January 15, 2006, the
147.24 	commissioner of commerce shall report to the legislature and to
147.25 	the senate Committee on Jobs, Energy, and Community Development
147.26 	and the house Committee on Regulated Industries, recommendations
147.27 	for the amount of and method for assessing a fee that would
147.28 	apply to each service provider based upon the number of
147.29 	Minnesota telephone numbers in use by current customers of the
147.30 	service provider.  The fee would be set at a level calculated to
147.31 	generate only the amount of revenue necessary to fund:
147.32 	(1) the telephone assistance program and the
147.33 	telecommunications access Minnesota program at the levels
147.34 	established by the commission under sections 237.52, subdivision
147.35 	2, and 237.70; and 
147.36 	(2) the 911 emergency and public safety communications
148.1 	program at the levels appropriated by law to the commissioner of
148.2 	public safety and the commissioner of finance for purposes of
148.3 	sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each
148.4 	fiscal year.
148.5 	(b) The recommendations must include any changes to
148.6 	Minnesota Statutes necessary to establish the procedures whereby
148.7 	each service provider, to the extent allowed under federal law,
148.8 	would collect and remit the fee proceeds to the commissioner of
148.9 	revenue.  The commissioner of revenue would allocate the fee
148.10 	proceeds to the three funding areas in paragraph (a) and credit
148.11 	the allocations to the appropriate accounts.
148.12 	(c) The recommendations must be designed to allow the
148.13 	combined per telephone number fee to be collected beginning July
148.14 	1, 2006.  The per access line fee used to collect revenues to
148.15 	support the TAP, TAM, and 911 programs remains in effect until
148.16 	the statutory changes necessary to implement the per telephone
148.17 	number fee have been enacted into law and taken effect.
148.18 	(d) As part of the process of developing the
148.19 	recommendations and preparing the report to the legislature
148.20 	required under paragraph (a), the commissioner of commerce must,
148.21 	at a minimum, consult regularly with the Departments of Public
148.22 	Safety, Finance, and Administration, the Public Utilities
148.23 	Commission, service providers, the chairs and ranking minority
148.24 	members of the senate and house committees, subcommittees, and
148.25 	divisions having jurisdiction over telecommunications and public
148.26 	safety, and other affected parties.

148.27 	Sec. 2. Minnesota Statutes 2004, section 237.70,
148.28 	subdivision 7, is amended to read:
148.29 		Subd. 7.Application, notice, financial administration,
148.30 	complaint investigation.  The telephone assistance plan must be
148.31 	administered jointly by the commission, the Department of
148.32 	Commerce, and the local service providers in accordance with the
148.33 	following guidelines:
148.34 	(a) The commission and the Department of Commerce shall
148.35 	develop an application form that must be completed by the
148.36 	subscriber for the purpose of certifying eligibility for
149.1 	telephone assistance plan credits to the local service
149.2 	provider.  The application must contain the applicant's Social
149.3 	Security number.  Applicants who refuse to provide a Social
149.4 	Security number will be denied telephone assistance plan
149.5 	credits.  The application form must also include a statement
149.6 	that the applicant household is currently eligible for one of
149.7 	the programs that confers eligibility for the federal Lifeline
149.8 	Program.  The application must be signed by the applicant,
149.9 	certifying, under penalty of perjury, that the information
149.10 	provided by the applicant is true.
149.11 	(b) Each local service provider shall annually mail a
149.12 	notice of the availability of the telephone assistance plan to
149.13 	each residential subscriber in a regular billing and shall mail
149.14 	the application form to customers when requested.
149.15 	The notice must state the following:
149.16 	YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
149.17 	BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE
149.18 	PROGRAMS.  FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE
149.19 	CONTACT .........
149.20 	(c) An application may be made by the subscriber, the
149.21 	subscriber's spouse, or a person authorized by the subscriber to
149.22 	act on the subscriber's behalf.  On completing the application
149.23 	certifying that the statutory criteria for eligibility are
149.24 	satisfied, the applicant must return the application to the
149.25 	subscriber's local service provider.  On receiving a completed
149.26 	application from an applicant, the subscriber's local service
149.27 	provider shall provide telephone assistance plan credits against
149.28 	monthly charges in the earliest possible month following receipt
149.29 	of the application.  The applicant must receive telephone
149.30 	assistance plan credits until the earliest possible month
149.31 	following the service provider's receipt of information that the
149.32 	applicant is ineligible.
149.33 	If the telephone assistance plan credit is not itemized on the
149.34 	subscriber's monthly charges bill for local telephone service,
149.35 	the local service provider must notify the subscriber of the
149.36 	approval for the telephone assistance plan credit.
150.1 	(d) The commission shall serve as the coordinator of the
150.2 	telephone assistance plan and be reimbursed for its
150.3 	administrative expenses from the surcharge revenue pool.  As the
150.4 	coordinator, the commission shall:
150.5 	(1) establish a uniform statewide surcharge in accordance
150.6 	with subdivision 6;
150.7 	(2) establish a uniform statewide level of telephone
150.8 	assistance plan credit that each local service provider shall
150.9 	extend to each eligible household in its service area;
150.10 	(3) require each local service provider to account to the
150.11 	commission on a periodic basis for surcharge revenues collected
150.12 	by the provider, expenses incurred by the provider, not to
150.13 	include expenses of collecting surcharges, and credits extended
150.14 	by the provider under the telephone assistance plan;
150.15 	(4) require each local service provider to remit surcharge
150.16 	revenues to the Department of Administration Public Safety for
150.17 	deposit in the fund; and
150.18 	(5) remit to each local service provider from the surcharge
150.19 	revenue pool the amount necessary to compensate the provider for
150.20 	expenses, not including expenses of collecting the surcharges,
150.21 	and telephone assistance plan credits.  When it appears that the
150.22 	revenue generated by the maximum surcharge permitted under
150.23 	subdivision 6 will be inadequate to fund any particular
150.24 	established level of telephone assistance plan credits, the
150.25 	commission shall reduce the credits to a level that can be
150.26 	adequately funded by the maximum surcharge.  Similarly, the
150.27 	commission may increase the level of the telephone assistance
150.28 	plan credit that is available or reduce the surcharge to a level
150.29 	and for a period of time that will prevent an unreasonable
150.30 	overcollection of surcharge revenues.
150.31 	(e) Each local service provider shall maintain adequate
150.32 	records of surcharge revenues, expenses, and credits related to
150.33 	the telephone assistance plan and shall, as part of its annual
150.34 	report or separately, provide the commission and the Department
150.35 	of Commerce with a financial report of its experience under the
150.36 	telephone assistance plan for the previous year.  That report
151.1 	must also be adequate to satisfy the reporting requirements of
151.2 	the federal matching plan.
151.3 	(f) The Department of Commerce shall investigate complaints
151.4 	against local service providers with regard to the telephone
151.5 	assistance plan and shall report the results of its
151.6 	investigation to the commission.

151.7 	Sec. 3. Minnesota Statutes 2004, section 403.02,
151.8 	subdivision 7, is amended to read:
151.9 		Subd. 7.Automatic location identification.  "Automatic
151.10 	location identification" means the process of electronically
151.11 	identifying and displaying on a special viewing screen the name
151.12 	of the subscriber and the location, where available, of the
151.13 	calling telephone number to a person answering a 911 emergency
151.14 	call.

151.15 	Sec. 4. Minnesota Statutes 2004, section 403.02,
151.16 	subdivision 13, is amended to read:
151.17 		Subd. 13.Enhanced 911 service.  "Enhanced 911 service"
151.18 	means the use of selective routing,automatic location
151.19 	identification,or local location identification as part of
151.20 	local 911 service provided by an enhanced 911 system consisting
151.21 	of a common 911 network and database and customer data and
151.22 	network components connecting to the common 911 network and
151.23 	database.

151.24 	Sec. 5. Minnesota Statutes 2004, section 403.02,
151.25 	subdivision 17, is amended to read:
151.26 		Subd. 17.911 service.  "911 service" means a
151.27 	telecommunications service that automatically connects a person
151.28 	dialing the digits 911 to an established public safety answering
151.29 	point.  911 service includes:
151.30 	(1) equipment for connecting and outswitching 911 calls
151.31 	within a telephone central office, trunking facilities from the
151.32 	central office to a public safety answering point customer data
151.33 	and network components connecting to the common 911 network and
151.34 	database;
151.35 	(2) common 911 network and database equipment, as
151.36 	appropriate, for automatically selectively routing 911 calls in
152.1 	situations where one telephone central office serves more than
152.2 	one to the public safety answering point serving the caller's
152.3 	jurisdiction; and
152.4 	(3) provision of automatic location identification if the
152.5 	public safety answering point has the capability of providing
152.6 	that service.

152.7 	Sec. 6. Minnesota Statutes 2004, section 403.02, is
152.8 	amended by adding a subdivision to read:
152.9 		Subd. 17a.911 emergency telecommunications service
152.10 	provider. "911 emergency telecommunications service provider"
152.11 	means a telecommunications service provider or other entity,
152.12 	determined by the commissioner to be capable of providing
152.13 	effective and efficient components of the 911 system, that
152.14 	provides all or portions of the network and database for
152.15 	automatically selectively routing 911 calls to the public safety
152.16 	answering point serving the caller's jurisdiction.

152.17 	Sec. 7. Minnesota Statutes 2004, section 403.025,
152.18 	subdivision 3, is amended to read:
152.19 		Subd. 3.wire-line connected telecommunications service
152.20 	provider requirements.  Every owner and operator of a
152.21 	wire-line or wireless circuit switched or packet-based 
152.22 	telecommunications system connected to the public switched
152.23 	telephone network shall design and maintain the system to dial
152.24 	the 911 number without charge to the caller.

152.25 	Sec. 8. Minnesota Statutes 2004, section 403.025,
152.26 	subdivision 7, is amended to read:
152.27 		Subd. 7.Contractual requirements.  (a) The state,
152.28 	together with the county or other governmental agencies
152.29 	operating public safety answering points, shall contract with
152.30 	the appropriate wire-line telecommunications service
152.31 	providers or other entities determined by the commissioner to be
152.32 	capable of providing effective and efficient components of the
152.33 	911 system for the operation, maintenance, enhancement, and
152.34 	expansion of the 911 system.
152.35 	(b) The state shall contract with the appropriate wireless
152.36 	telecommunications service providers for maintaining, enhancing,
153.1 	and expanding the 911 system.
153.2 	(c) The contract language or subsequent amendments to the
153.3 	contract must include a description of the services to be
153.4 	furnished by wireless and wire-line telecommunications service
153.5 	providers to the county or other governmental agencies operating
153.6 	public safety answering points, as well as compensation based on
153.7 	the effective tariff or price list approved by the Public
153.8 	Utilities Commission.  The contract language or subsequent
153.9 	amendments must include the terms of compensation based on the
153.10 	effective tariff or price list filed with the Public Utilities
153.11 	Commission or the prices agreed to by the parties.
153.12 	(d) The contract language or subsequent amendments to
153.13 	contracts between the parties must contain a provision for
153.14 	resolving disputes.

153.15 	Sec. 9. Minnesota Statutes 2004, section 403.05,
153.16 	subdivision 3, is amended to read:
153.17 		Subd. 3.Agreements for service.  Each county and any
153.18 	other governmental agency shall contract with the state and
153.19 	wire-line telecommunications service providers or other entities
153.20 	determined by the commissioner to be capable of providing
153.21 	effective and efficient components of the 911 system for the
153.22 	recurring and nonrecurring costs associated with operating and
153.23 	maintaining 911 emergency communications systems.

153.24 	Sec. 10. Minnesota Statutes 2004, section 403.07,
153.25 	subdivision 3, is amended to read:
153.26 		Subd. 3.Database.  In 911 systems that have been
153.27 	approved by the commissioner for a local location identification
153.28 	database, each wire-line telecommunications service provider
153.29 	shall provide current customer names, service addresses, and
153.30 	telephone numbers to each public safety answering point within
153.31 	the 911 system and shall update the information according to a
153.32 	schedule prescribed by the county 911 plan.  Information
153.33 	provided under this subdivision must be provided in accordance
153.34 	with the transactional record disclosure requirements of the
153.35 	federal Electronic Communications Privacy Act of 1986 1932,
153.36 	United States Code, title 18 47, section 2703 222,
154.1 	subsection (c), paragraph (1), subparagraph (B)(iv) (g).

154.2 	Sec. 11. Minnesota Statutes 2004, section 403.08,
154.3 	subdivision 10, is amended to read:
154.4 		Subd. 10.Plan integration.  Counties shall incorporate
154.5 	the statewide design when modifying county 911 plans to provide
154.6 	for integrating wireless 911 service into existing county 911
154.7 	systems.  The commissioner shall contract with the involved
154.8 	wireless service providers and 911 emergency telecommunications 
154.9 	service providers to integrate cellular and other wireless
154.10 	services into existing 911 systems where feasible.

154.11 	Sec. 12. Minnesota Statutes 2004, section 403.11,
154.12 	subdivision 1, is amended to read:
154.13 		Subdivision 1.Emergency telecommunications service fee;
154.14 	account.  (a) Each customer of a wireless or wire-line switched
154.15 	or packet-based telecommunications service provider connected to
154.16 	the public switched telephone network that furnishes service
154.17 	capable of originating a 911 emergency telephone call is
154.18 	assessed a fee based upon the number of wired or wireless
154.19 	telephone lines, or their equivalent,to cover the costs of
154.20 	ongoing maintenance and related improvements for trunking and
154.21 	central office switching equipment for 911 emergency
154.22 	telecommunications service, plus administrative and staffing
154.23 	costs of the commissioner related to managing the 911 emergency
154.24 	telecommunications service program.  Recurring charges by a
154.25 	wire-line telecommunications service provider for updating the
154.26 	information required by section 403.07, subdivision 3, must be
154.27 	paid by the commissioner if the wire-line telecommunications
154.28 	service provider is included in an approved 911 plan and the
154.29 	charges are made pursuant to tariff, price list, or contract.
154.30 	The fee assessed under this section must also be used for the
154.31 	purpose of offsetting the costs, including administrative and
154.32 	staffing costs, incurred by the State Patrol Division of the
154.33 	Department of Public Safety in handling 911 emergency calls made
154.34 	from wireless phones.
154.35 	(b) Money remaining in the 911 emergency telecommunications
154.36 	service account after all other obligations are paid must not
155.1 	cancel and is carried forward to subsequent years and may be
155.2 	appropriated from time to time to the commissioner to provide
155.3 	financial assistance to counties for the improvement of local
155.4 	emergency telecommunications services.  The improvements may
155.5 	include providing access to 911 service for telecommunications
155.6 	service subscribers currently without access and upgrading
155.7 	existing 911 service to include automatic number identification,
155.8 	local location identification, automatic location
155.9 	identification, and other improvements specified in revised
155.10 	county 911 plans approved by the commissioner.
155.11 	(c) The fee may not be less than eight cents nor more than
155.12 	40 65 cents a month for each customer access line or other basic
155.13 	access service, including trunk equivalents as designated by the
155.14 	Public Utilities Commission for access charge purposes and
155.15 	including wireless telecommunications services.  With the
155.16 	approval of the commissioner of finance, the commissioner of
155.17 	public safety shall establish the amount of the fee within the
155.18 	limits specified and inform the companies and carriers of the
155.19 	amount to be collected.  When the revenue bonds authorized under
155.20 	section 403.27, subdivision 1, have been fully paid or defeased,
155.21 	the commissioner shall reduce the fee to reflect that debt
155.22 	service on the bonds is no longer needed.  The commissioner
155.23 	shall provide companies and carriers a minimum of 45 days'
155.24 	notice of each fee change.  The fee must be the same for all
155.25 	customers.
155.26 	(d) The fee must be collected by each wireless or wire-line
155.27 	telecommunications service provider subject to the fee.  Fees
155.28 	are payable to and must be submitted to the commissioner monthly
155.29 	before the 25th of each month following the month of collection,
155.30 	except that fees may be submitted quarterly if less than $250 a
155.31 	month is due, or annually if less than $25 a month is due.
155.32 	Receipts must be deposited in the state treasury and credited to
155.33 	a 911 emergency telecommunications service account in the
155.34 	special revenue fund.  The money in the account may only be used
155.35 	for 911 telecommunications services.
155.36 	(e) This subdivision does not apply to customers of
156.1 	interexchange carriers.
156.2 	(f) The installation and recurring charges for integrating
156.3 	wireless 911 calls into enhanced 911 systems must be paid by the
156.4 	commissioner if the 911 service provider is included in the
156.5 	statewide design plan and the charges are made pursuant to
156.6 	tariff, price list, or contract.
156.7 	(g) Notwithstanding any provision of this chapter to the
156.8 	contrary, the commissioner need not contract for or agree to pay
156.9 	for any services that a wire-line or wireless telecommunication
156.10 	service provider is required by federal law or federal
156.11 	regulation to provide.

156.12 	Sec. 13. Minnesota Statutes 2004, section 403.11,
156.13 	subdivision 3, is amended to read:
156.14 		Subd. 3.Method of payment.  (a) Any wireless or
156.15 	wire-line telecommunications service provider incurring
156.16 	reimbursable costs under subdivision 1 shall submit an invoice
156.17 	itemizing rate elements by county or service area to the
156.18 	commissioner for 911 services furnished under tariff, price
156.19 	list, or contract.  Any wireless or wire-line telecommunications
156.20 	service provider is eligible to receive payment for 911 services
156.21 	rendered according to the terms and conditions specified in the
156.22 	contract.  Competitive local exchange carriers holding
156.23 	certificates of authority from the Public Utilities Commission
156.24 	are eligible to receive payment for recurring 911 services
156.25 	provided after July 1, 2001.  The commissioner shall pay the
156.26 	invoice within 30 days following receipt of the invoice unless
156.27 	the commissioner notifies the service provider that the
156.28 	commissioner disputes the invoice.
156.29 	(b) The commissioner shall estimate the amount required to
156.30 	reimburse 911 emergency telecommunications service providers and 
156.31 	wireless and wire-line telecommunications service providers for
156.32 	the state's obligations under subdivision 1 and the governor
156.33 	shall include the estimated amount in the biennial budget
156.34 	request.

156.35 	Sec. 14. Minnesota Statutes 2004, section 403.11,
156.36 	subdivision 3a, is amended to read:
157.1 		Subd. 3a.Timely certification.  A certification must be
157.2 	submitted to the commissioner no later than two years one year 
157.3 	after commencing a new or additional eligible 911 service. Any
157.4 	wireless or wire-line telecommunications service provider
157.5 	incurring reimbursable costs under this section at any time
157.6 	before January 1, 2003, may certify those costs for payment to
157.7 	the commissioner according to this section for a period of 90
157.8 	days after January 1, 2003.  During this period, the
157.9 	commissioner shall reimburse any wireless or wire-line
157.10 	telecommunications service provider for approved, certified
157.11 	costs without regard to any contrary provision of this
157.12 	subdivision Each applicable contract must provide that, if
157.13 	certified expenses under the contract deviate from estimates in
157.14 	the contract by more than ten percent, the commissioner may
157.15 	reduce the level of service without incurring any termination
157.16 	fees.

157.17 	Sec. 15. Minnesota Statutes 2004, section 403.113,
157.18 	subdivision 1, is amended to read:
157.19 		Subdivision 1.Fee.  (a) Each customer receiving service
157.20 	from a wireless or wire-line switched or packet-based 
157.21 	telecommunications service provider connected to the public
157.22 	telephone network that furnishes service capable of originating
157.23 	a 911 emergency telephone call is assessed a fee to fund
157.24 	implementation, operation, maintenance, enhancement, and
157.25 	expansion of enhanced 911 service, including acquisition of
157.26 	necessary equipment and the costs of the commissioner to
157.27 	administer the program.  The actual fee assessed under section
157.28 	403.11 and the enhanced 911 service fee must be collected as one
157.29 	amount and may not exceed the amount specified in section
157.30 	403.11, subdivision 1, paragraph (c).
157.31 	(b) The enhanced 911 service fee must be collected and
157.32 	deposited in the same manner as the fee in section 403.11 and
157.33 	used solely for the purposes of paragraph (a) and subdivision 3.
157.34 	(c) The commissioner, in consultation with counties and 911
157.35 	system users, shall determine the amount of the enhanced 911
157.36 	service fee. The fee must include at least ten cents per month
158.1 	to be distributed under subdivision 2.The commissioner shall
158.2 	inform wireless and wire-line telecommunications service
158.3 	providers that provide service capable of originating a 911
158.4 	emergency telephone call of the total amount of the 911 service
158.5 	fees in the same manner as provided in section 403.11.

158.6 	Sec. 16. Minnesota Statutes 2004, section 403.27,
158.7 	subdivision 1, is amended to read:
158.8 		Subdivision 1.Authorization. (a) After consulting with
158.9 	the commissioner of finance, the council, if requested by a vote
158.10 	of at least two-thirds of all of the members of the Metropolitan
158.11 	Radio Board, may, by resolution, authorize the issuance of its
158.12 	revenue bonds for any of the following purposes to:
158.13 	(1) provide funds for regionwide mutual aid and emergency
158.14 	medical services communications;
158.15 	(2) provide funds for the elements of the first phase of
158.16 	the regionwide public safety radio communication system that the
158.17 	board determines are of regionwide benefit and support mutual
158.18 	aid and emergency medical services communication including, but
158.19 	not limited to, costs of master controllers of the backbone;
158.20 	(3) provide money for the second phase of the public safety
158.21 	radio communication system;
158.22 	(4) to the extent money is available after meeting the
158.23 	needs described in clauses (1) to (3), provide money to
158.24 	reimburse local units of government for amounts expended for
158.25 	capital improvements to the first phase system previously paid
158.26 	for by the local government units; or
158.27 	(5) refund bonds issued under this section.
158.28 	(b) After consulting with the commissioner of finance, the
158.29 	council, if requested by a vote of at least two-thirds of all of
158.30 	the members of the Statewide Radio Board, may, by resolution,
158.31 	authorize the issuance of its revenue bonds to provide money for
158.32 	the third phase of the public safety radio communication system.

158.33 	Sec. 17. Minnesota Statutes 2004, section 403.27,
158.34 	subdivision 3, is amended to read:
158.35 		Subd. 3.Limitations.  (a) The principal amount of the
158.36 	bonds issued pursuant to subdivision 1, exclusive of any
159.1 	original issue discount, shall not exceed the amount of
159.2 	$10,000,000 plus the amount the council determines necessary to
159.3 	pay the costs of issuance, fund reserves, debt service, and pay
159.4 	for any bond insurance or other credit enhancement.
159.5 	(b) In addition to the amount authorized under paragraph
159.6 	(a), the council may issue bonds under subdivision 1 in a
159.7 	principal amount of $3,306,300, plus the amount the council
159.8 	determines necessary to pay the cost of issuance, fund reserves,
159.9 	debt service, and any bond insurance or other credit
159.10 	enhancement.  The proceeds of bonds issued under this paragraph
159.11 	may not be used to finance portable or subscriber radio sets.
159.12 	(c) In addition to the amount authorized under paragraphs
159.13 	(a) and (b), the council may issue bonds under subdivision 1 in
159.14 	a principal amount of $18,000,000, plus the amount the council
159.15 	determines necessary to pay the costs of issuance, fund
159.16 	reserves, debt service, and any bond insurance or other credit
159.17 	enhancement.  The proceeds of bonds issued under this paragraph
159.18 	must be used to pay up to 50 percent of the cost to a local
159.19 	government unit of building a subsystem and may not be used to
159.20 	finance portable or subscriber radio sets.  The bond proceeds
159.21 	may be used to make improvements to an existing 800 MHz radio
159.22 	system that will interoperate with the regionwide public safety
159.23 	radio communication system, provided that the improvements
159.24 	conform to the board's plan and technical standards.  The
159.25 	council must time the sale and issuance of the bonds so that the
159.26 	debt service on the bonds can be covered by the additional
159.27 	revenue that will become available in the fiscal year ending
159.28 	June 30, 2005, generated under section 403.11 and appropriated
159.29 	under section 403.30.
159.30 	(d) In addition to the amount authorized under paragraphs
159.31 	(a) to (c), the council may issue bonds under subdivision 1 in a
159.32 	principal amount of up to $27,000,000, plus the amount the
159.33 	council determines necessary to pay the costs of issuance, fund
159.34 	reserves, debt service, and any bond insurance or other credit
159.35 	enhancement.  The proceeds of bonds issued under this paragraph
159.36 	are appropriated to the commissioner of public safety for phase
160.1 	three of the public safety radio communication system.  In
160.2 	anticipation of the receipt by the commissioner of public safety
160.3 	of the bond proceeds, the Metropolitan Radio Board may advance
160.4 	money from its operating appropriation to the commissioner of
160.5 	public safety to pay for design and preliminary engineering for
160.6 	phase three.  The commissioner of public safety must return
160.7 	these amounts to the Metropolitan Radio Board when the bond
160.8 	proceeds are received.

160.9 	Sec. 18. [403.275] STATE 911 REVENUE BONDS.
160.10 		Subdivision 1.Bonding authority. (a) The commissioner
160.11 	of finance, if requested by a vote of at least two-thirds of all
160.12 	the members of the Statewide Radio Board, shall sell and issue
160.13 	state revenue bonds for the following purposes:
160.14 	(1) to pay the costs of the statewide public safety radio
160.15 	communication system that the board determines are of regional
160.16 	or statewide benefit and support mutual aid and emergency
160.17 	medical services communication, including, but not limited to,
160.18 	costs of master controllers of the backbone;
160.19 	(2) to pay the costs of issuance, debt service, and bond
160.20 	insurance or other credit enhancements, and to fund reserves;
160.21 	and 
160.22 	(3) to refund bonds issued under this section.
160.23 	(b) The amount of bonds that may be issued for the purposes
160.24 	of clause (1) will be set from time to time by law; the amount
160.25 	of bonds that may be issued for the purposes of clauses (2) and
160.26 	(3) is not limited.
160.27 	(c) The bond proceeds may be used to to pay up to 50
160.28 	percent of the cost to a local government unit of building a
160.29 	subsystem.  The bond proceeds may be used to make improvements
160.30 	to an existing 800 MHz radio system that will interoperate with
160.31 	the regionwide public safety radio communication system,
160.32 	provided that the improvements conform to the board's plan and
160.33 	technical standards.  The bond proceeds may not be used to pay
160.34 	for portable or subscriber radio sets.
160.35 		Subd. 2.Procedure. (a) The commissioner may sell and
160.36 	issue the bonds on the terms and conditions the commissioner
161.1 	determines to be in the best interests of the state.  The bonds
161.2 	may be sold at public or private sale.  The commissioner may
161.3 	enter any agreements or pledges the commissioner determines
161.4 	necessary or useful to sell the bonds that are not inconsistent
161.5 	with sections 403.21 to 403.40.  Sections 16A.672 to 16A.675
161.6 	apply to the bonds.  The proceeds of the bonds issued under this
161.7 	section must be credited to a special 911 revenue bond proceeds
161.8 	account in the state treasury.
161.9 	(b) Before the proceeds are received in the 911 revenue
161.10 	bond proceeds account, the commissioner of finance may transfer
161.11 	to the account from the 911 emergency telecommunications service
161.12 	account amounts not exceeding the expected proceeds from the
161.13 	next bond sale.  The commissioner of finance shall return these
161.14 	amounts to the 911 emergency telecommunications service account
161.15 	by transferring proceeds when received.  The amounts of these
161.16 	transfers are appropriated from the 911 emergency
161.17 	telecommunications service account and from the 911 revenue bond
161.18 	proceeds account.
161.19 		Subd. 3.Revenue sources. The debt service on the bonds
161.20 	is payable only from the following sources:
161.21 	(1) revenue credited to the 911 emergency
161.22 	telecommunications service account from the fee imposed and
161.23 	collected under section 237.491 or 403.11, subdivision 1, or
161.24 	from any other source; and 
161.25 	(2) other revenues pledged to the payment of the bonds.
161.26 		Subd. 4.Refunding bonds. The commissioner may issue
161.27 	bonds to refund outstanding bonds issued under subdivision 1,
161.28 	including the payment of any redemption premiums on the bonds
161.29 	and any interest accrued or to accrue to the first redemption
161.30 	date after delivery of the refunding bonds.  The proceeds of the
161.31 	refunding bonds may, in the discretion of the commissioner, be
161.32 	applied to the purchases or payment at maturity of the bonds to
161.33 	be refunded, or the redemption of the outstanding bonds on the
161.34 	first redemption date after delivery of the refunding bonds and
161.35 	may, until so used, be placed in escrow to be applied to the
161.36 	purchase, retirement, or redemption.  Refunding bonds issued
162.1 	under this subdivision must be issued and secured in the manner
162.2 	provided by the commissioner.
162.3 		Subd. 5.Not a general or moral obligation. Bonds issued
162.4 	under this section are not public debt, and the full faith,
162.5 	credit, and taxing powers of the state are not pledged for their
162.6 	payment.  The bonds may not be paid, directly in whole or in
162.7 	part from a tax of statewide application on any class of
162.8 	property, income, transaction, or privilege.  Payment of the
162.9 	bonds is limited to the revenues explicitly authorized to be
162.10 	pledged under this section.  The state neither makes nor has a
162.11 	moral obligation to pay the bonds if the pledged revenues and
162.12 	other legal security for them is insufficient.
162.13 		Subd. 6.Trustee. The commissioner may contract with and
162.14 	appoint a trustee for bond holders.  The trustee has the powers
162.15 	and authority vested in it by the commissioner under the bond
162.16 	and trust indentures.
162.17 		Subd. 7.Pledges. Any pledge made by the commissioner is
162.18 	valid and binding from the time the pledge is made.  The money
162.19 	or property pledged and later received by the commissioner is
162.20 	immediately subject to the lien of the pledge without any
162.21 	physical delivery of the property or money or further act, and
162.22 	the lien of any pledge is valid and binding as against all
162.23 	parties having claims of any kind in tort, contract, or
162.24 	otherwise against the commissioner, whether or not those parties
162.25 	have notice of the lien or pledge.  Neither the order nor any
162.26 	other instrument by which a pledge is created need be recorded.
162.27 		Subd. 8.Bonds; purchase and cancellation. The
162.28 	commissioner, subject to agreements with bondholders that may
162.29 	then exist, may, out of any money available for the purpose,
162.30 	purchase bonds of the commissioner at a price not exceeding (1)
162.31 	if the bonds are then redeemable, the redemption price then
162.32 	applicable plus accrued interest to the next interest payment
162.33 	date thereon, or (2) if the bonds are not redeemable, the
162.34 	redemption price applicable on the first date after the purchase
162.35 	upon which the bonds become subject to redemption plus accrued
162.36 	interest to that date.
163.1 		Subd. 9.State pledge against impairment of contracts.
 163.2 	The state pledges and agrees with the holders of any bonds that
163.3 	the state will not limit or alter the rights vested in the
163.4 	commissioner to fulfill the terms of any agreements made with
163.5 	the bondholders, or in any way impair the rights and remedies of
163.6 	the holders until the bonds, together with interest on them,
163.7 	with interest on any unpaid installments of interest, and all
163.8 	costs and expenses in connection with any action or proceeding
163.9 	by or on behalf of the bondholders, are fully met and
163.10 	discharged.  The commissioner may include this pledge and
163.11 	agreement of the state in any agreement with the holders of
163.12 	bonds issued under this section.

163.13 	Sec. 19. Minnesota Statutes 2004, section 403.30,
163.14 	subdivision 1, is amended to read:
163.15 		Subdivision 1.Standing appropriation; costs covered.
 163.16 	For each fiscal year beginning with the fiscal year commencing
163.17 	July 1, 1997,The amount necessary to pay the following debt
163.18 	service costs and reserves for bonds issued by the Metropolitan
163.19 	Council under section 403.27 or by the commissioner of finance
163.20 	under section 403.275is appropriated to the commissioner of
163.21 	public safety from the 911 emergency telecommunications service
163.22 	account established under section 403.11:
163.23 	(1) debt service costs and reserves for bonds issued
163.24 	pursuant to section 403.27;
163.25 	(2) repayment of the right-of-way acquisition loans;
163.26 	(3) costs of design, construction, maintenance of, and
163.27 	improvements to those elements of the first, second, and third
163.28 	phases that support mutual aid communications and emergency
163.29 	medical services;
163.30 	(4) recurring charges for leased sites and equipment for
163.31 	those elements of the first, second, and third phases that
163.32 	support mutual aid and emergency medical communication services;
163.33 	or 
163.34 	(5) aid to local units of government for sites and
163.35 	equipment in support of mutual aid and emergency medical
163.36 	communications services to the commissioner of finance.  The
164.1 	commissioner of finance shall transmit the necessary amounts to
164.2 	the Metropolitan Council as requested by the council.
164.3 	This appropriation shall be used to pay annual debt service
164.4 	costs and reserves for bonds issued pursuant to section
164.5 	403.27 or 403.275prior to use of fee money to pay other
164.6 	costs eligible under this subdivision.  In no event shall the
164.7 	appropriation for each fiscal year exceed an amount equal to
164.8 	four cents a month for each customer access line or other basic
164.9 	access service, including trunk equivalents as designated by the
164.10 	Public Utilities Commission for access charge purposes and
164.11 	including cellular and other nonwire access services, in the
164.12 	fiscal year.  Beginning July 1, 2004, this amount will increase
164.13 	to 13 cents a month or to support other appropriations.

164.14 	Sec. 20. REPEALER.
 164.15 	Minnesota Statutes 2004, section 403.30, subdivision 3, is
164.16 	repealed.

164.17 	Sec. 21. EFFECTIVE DATE.
 164.18 	Sections 1 to 20 are effective the day following final
164.19 	enactment and apply to contracts entered into on or after that
164.20 	date.

164.21 	ARTICLE 9
164.22 	MISCELLANEOUS PROVISIONS

164.23 	Section 1. Minnesota Statutes 2004, section 16C.09, is
164.24 	amended to read:
164.25 	16C.09 PROCEDURE FOR SERVICE CONTRACTS.
164.26 	(a) Before entering into or approving a service contract,
164.27 	the commissioner must determine, at least, that:
164.28 	(1) no current state employee is able and available to
164.29 	perform the services called for by the contract;
164.30 	(2) the work to be performed under the contract is
164.31 	necessary to the agency's achievement of its statutory
164.32 	responsibilities and there is statutory authority to enter into
164.33 	the contract;
164.34 	(3) the contract will not establish an employment
164.35 	relationship between the state or the agency and any persons
164.36 	performing under the contract;
165.1 	(4) the contractor and agents are not employees of the
165.2 	state;
165.3 	(5) the contracting agency has specified a satisfactory
165.4 	method of evaluating and using the results of the work to be
165.5 	performed; and
165.6 	(6) the combined contract and amendments will not exceed
165.7 	five years without specific, written approval by the
165.8 	commissioner according to established policy, procedures, and
165.9 	standards, or unless otherwise provided for by law.  The term of
165.10 	the original contract must not exceed two years, unless the
165.11 	commissioner determines that a longer duration is in the best
165.12 	interest of the state.
165.13 	(b) For purposes of paragraph (a), clause (1), employees
165.14 	are available if qualified and:
165.15 	(1) are already doing the work in question; or
165.16 	(2) are on layoff status in classes that can do the work in
165.17 	question.
165.18 	An employee is not available if the employee is doing other
165.19 	work, is retired, or has decided not to do the work in question.
165.20 	(c) This section does not apply to an agency's use of
165.21 	inmates pursuant to sections 241.20 to 241.23 or to an agency's
165.22 	use of persons required by a court to provide:
165.23 	(1) community service; or 
165.24 	(2) conservation or maintenance services on lands under the
165.25 	jurisdiction and control of the state.

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

165.27 	Sec. 2. Minnesota Statutes 2004, section 43A.047, is
165.28 	amended to read:
165.29 	43A.047 CONTRACTED SERVICES.
165.30 	(a) Executive agencies, including the Minnesota State
165.31 	Colleges and Universities system, must demonstrate that they
165.32 	cannot use available staff before hiring outside consultants or
165.33 	services.  If use of consultants is necessary, agencies are
165.34 	encouraged to negotiate contracts that will involve permanent
165.35 	staff, so as to upgrade and maximize training of state employees.
165.36 	(b) If agencies reduce operating budgets, agencies must
166.1 	give priority to reducing spending on professional and technical
166.2 	service contracts before laying off permanent employees.
166.3 	(c) This section does not apply to an agency's use of
166.4 	inmates pursuant to sections 241.20 to 241.23 or to an agency's
166.5 	use of persons required by a court to provide:
166.6 	(1) community service; or 
166.7 	(2) conservation or maintenance services on lands under the
166.8 	jurisdiction and control of the state.

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

166.10 	Sec. 3. Minnesota Statutes 2004, section 171.06, is
166.11 	amended by adding a subdivision to read:
166.12 		Subd. 2c.$1 surcharge. In addition to the fees required
166.13 	in subdivision 2, the commissioner shall collect a $1 surcharge
166.14 	on every license or identification card issued under this
166.15 	section.  The proceeds of the surcharge must be deposited in the
166.16 	state treasury and credited to the Minnesota Financial Crimes
166.17 	Oversight Council account created in section 299A.681,
166.18 	subdivision 10.
166.19 	
EFFECTIVE DATE. This section is effective July 1, 2005.

166.20 	Sec. 4. Minnesota Statutes 2004, section 171.20,
166.21 	subdivision 4, is amended to read:
166.22 		Subd. 4.Reinstatement fee.  (a) Before the license is
166.23 	reinstated, (1) a person whose driver's license has been
166.24 	suspended under section 171.16, subdivision subdivisions 2 and
166.25 	3; 171.18, except subdivision 1, clause (10); or 171.182, or who
166.26 	has been disqualified from holding a commercial driver's license
166.27 	under section 171.165, and (2) a person whose driver's license
166.28 	has been suspended under section 171.186 and who is not exempt
166.29 	from such a fee, must pay a fee of $20.
166.30 	(b) Before the license is reinstated, a person whose
166.31 	license has been suspended under sections 169.791 to 169.798
166.32 	must pay a $20 reinstatement fee.
166.33 	(c) When fees are collected by a licensing agent appointed
166.34 	under section 171.061, a handling charge is imposed in the
166.35 	amount specified under section 171.061, subdivision 4.  The
166.36 	reinstatement fee and surcharge must be deposited in an approved
167.1 	state depository as directed under section 171.061, subdivision
167.2 	4.
167.3 	(d) Reinstatement fees collected under paragraph (a) for
167.4 	suspensions under sections 171.16, subdivision 3, and 171.18,
167.5 	subdivision 1, clause (10), shall be deposited in the special
167.6 	revenue fund and are appropriated to the Peace Officer Standards
167.7 	and Training Board for peace officer training reimbursement to
167.8 	local units of government.
167.9 	(e) A suspension may be rescinded without fee for good
167.10 	cause.
167.11 	
EFFECTIVE DATE. This section is effective July 1, 2005.

167.12 	Sec. 5. Minnesota Statutes 2004, section 171.26, is
167.13 	amended to read:
167.14 	171.26 MONEY CREDITED TO FUNDS.
167.15 	All money received under this chapter must be paid into the
167.16 	state treasury and credited to the trunk highway fund, except as
167.17 	provided in sections 171.06, subdivision 2a; 171.07, subdivision
167.18 	11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4,
167.19 	paragraph (d);and 171.29, subdivision 2, paragraph (b).

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

167.21 	Sec. 6. Minnesota Statutes 2004, section 244.09,
167.22 	subdivision 11, is amended to read:
167.23 		Subd. 11.Modification.  The commission shall meet as
167.24 	necessary for the purpose of modifying and improving the
167.25 	guidelines.  Any modification which amends the Sentencing
167.26 	Guidelines grid, including severity levels and criminal history
167.27 	scores, or which would result in the reduction of any sentence
167.28 	or in the early release of any inmate, with the exception of a
167.29 	modification mandated or authorized by the legislature or
167.30 	relating to a crime created or amended by the legislature in the
167.31 	preceding session, shall be submitted to the legislature by
167.32 	January 1 15 of any year in which the commission wishes to make
167.33 	the change and shall be effective on August 1 of that year,
167.34 	unless the legislature by law provides otherwise.  All other
167.35 	modifications shall take effect according to the procedural
167.36 	rules of the commission.  On or before January 1 15 of each
168.1 	year, the commission shall submit a written report to the
168.2 	committees of the senate and the house of representatives with
168.3 	jurisdiction over criminal justice policy that identifies and
168.4 	explains all modifications made during the preceding 12 months
168.5 	and all proposed modifications that are being submitted to the
168.6 	legislature that year.
168.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
168.8 	and applies to reports submitted on or after that date.

168.9 	Sec. 7. Minnesota Statutes 2004, section 244.18,
168.10 	subdivision 2, is amended to read:
168.11 		Subd. 2.Local correctional fees.  A local correctional
168.12 	agency may establish a schedule of local correctional fees to
168.13 	charge persons convicted of a crime and under the supervision
168.14 	and control of the local correctional agency to defray costs
168.15 	associated with correctional services.  The local correctional
168.16 	fees on the schedule must be reasonably related to defendants'
168.17 	abilities to pay and the actual cost of correctional services.
168.18 	
EFFECTIVE DATE. This section is effective July 1, 2005.

168.19 	Sec. 8. Minnesota Statutes 2004, section 253B.08,
168.20 	subdivision 1, is amended to read:
168.21 		Subdivision 1.Time for commitment hearing.  The hearing
168.22 	on the commitment petition shall be held within 14 days from the
168.23 	date of the filing of the petition, except that the hearing on a
168.24 	commitment petition pursuant to section 253B.185 shall be held
168.25 	within 90 days from the date of the filing of the petition.  For
168.26 	good cause shown, the court may extend the time of hearing up to
168.27 	an additional 30 days.  The proceeding shall be dismissed if the
168.28 	proposed patient has not had a hearing on a commitment petition
168.29 	within the allowed time.  The proposed patient, or the head of
168.30 	the treatment facility in which the person is held, may demand
168.31 	in writing at any time that the hearing be held immediately.
168.32 	Unless the hearing is held within five days of the date of the
168.33 	demand, exclusive of Saturdays, Sundays and legal holidays, the
168.34 	petition shall be automatically discharged if the patient is
168.35 	being held in a treatment facility pursuant to court order.  For
168.36 	good cause shown, the court may extend the time of hearing on
169.1 	the demand for an additional ten days.
169.2 	
EFFECTIVE DATE. This section is effective July 1, 2005.

169.3 	Sec. 9. Minnesota Statutes 2004, section 299A.38,
169.4 	subdivision 2, is amended to read:
169.5 		Subd. 2.State and local reimbursement.  Peace officers
169.6 	and heads of local law enforcement agencies who buy vests for
169.7 	the use of peace officer employees may apply to the commissioner
169.8 	for reimbursement of funds spent to buy vests.  On approving an
169.9 	application for reimbursement, the commissioner shall pay the
169.10 	applicant an amount equal to the lesser of one-half of the
169.11 	vest's purchase price or $300 $600, as adjusted according to
169.12 	subdivision 2a.  The political subdivision that employs the
169.13 	peace officer shall pay at least the lesser of one-half of the
169.14 	vest's purchase price or $300 $600, as adjusted according to
169.15 	subdivision 2a.  The political subdivision may not deduct or pay
169.16 	its share of the vest's cost from any clothing, maintenance, or
169.17 	similar allowance otherwise provided to the peace officer by the
169.18 	law enforcement agency.
169.19 	
EFFECTIVE DATE. This section is effective the day
169.20 	following final enactment.

169.21 	Sec. 10. Minnesota Statutes 2004, section 299A.38,
169.22 	subdivision 2a, is amended to read:
169.23 		Subd. 2a.Adjustment of reimbursement amount.  On October
169.24 	1, 1997 2006, the commissioner of public safety shall adjust
169.25 	the $300 $600 reimbursement amounts specified in subdivision 2,
169.26 	and in each subsequent year, on October 1, the commissioner
169.27 	shall adjust the reimbursement amount applicable immediately
169.28 	preceding that October 1 date.  The adjusted rate must reflect
169.29 	the annual percentage change in the Consumer Price Index for all
169.30 	urban consumers, published by the federal Bureau of Labor
169.31 	Statistics, occurring in the one-year period ending on the
169.32 	preceding June 1.
169.33 	
EFFECTIVE DATE. This section is effective the day
169.34 	following final enactment.

169.35 	Sec. 11. Minnesota Statutes 2004, section 299A.38,
169.36 	subdivision 3, is amended to read:
170.1 		Subd. 3.Eligibility requirements.  (a) Only vests that
170.2 	either meet or exceed the requirements of standard 0101.03 of
170.3 	the National Institute of Justice or that meet or exceed the
170.4 	requirements of that standard, except wet armor conditioning,
170.5 	are eligible for reimbursement.
170.6 	(b) Eligibility for reimbursement is limited to vests
170.7 	bought after December 31, 1986, by or for peace officers (1) who
170.8 	did not own a vest meeting the requirements of paragraph (a)
170.9 	before the purchase, or (2) who owned a vest that was at least
170.10 	six five years old.
170.11 	
EFFECTIVE DATE. This section is effective the day
170.12 	following final enactment.

170.13 	Sec. 12. [299A.681] MINNESOTA FINANCIAL CRIMES OVERSIGHT
170.14 	COUNCIL AND TASK FORCE.
170.15 		Subdivision 1.Oversight council. The Minnesota
170.16 	Financial Crimes Oversight Council shall provide guidance
170.17 	related to the investigation and prosecution of identity theft
170.18 	and financial crime.
170.19 		Subd. 2.Membership. The oversight council consists of
170.20 	the following individuals, or their designees:
170.21 	(1) the commissioner of public safety;
170.22 	(2) the attorney general;
170.23 	(3) two chiefs of police, selected by the Minnesota Chiefs
170.24 	of Police Association from police departments that participate
170.25 	in the Minnesota Financial Crimes Task Force;
170.26 	(4) two sheriffs, selected by the Minnesota Sheriffs
170.27 	Association from sheriff departments that participate in the
170.28 	task force;
170.29 	(5) the United States attorney for the district of
170.30 	Minnesota;
170.31 	(6) a county attorney, selected by the Minnesota County
170.32 	Attorneys Association;
170.33 	(7) a representative from the United States Postal
170.34 	Inspector's Office, selected by the oversight council;
170.35 	(8) a representative from a not-for-profit retail merchants
170.36 	industry, selected by the oversight council;
171.1 	(9) a representative from a not-for-profit banking and
171.2 	credit union industry, selected by the oversight council;
171.3 	(10) a representative from a not-for-profit association
171.4 	representing senior citizens, selected by the oversight council;
171.5 	(11) the statewide commander of the task force; and 
171.6 	(12) two additional members selected by the oversight
171.7 	council.
171.8 	The oversight council may adopt procedures to govern its conduct
171.9 	and shall select a chair from among its members.
171.10 		Subd. 3.Duties. The oversight council shall develop an
171.11 	overall strategy to ameliorate the harm caused to the public by
171.12 	identity theft and financial crime within Minnesota.  The
171.13 	strategy may include the development of protocols and procedures
171.14 	to investigate financial crimes and a structure for best
171.15 	addressing these issues in a multijurisdictional manner.
171.16 	Additionally, the oversight council shall:
171.17 	(1) establish a multijurisdictional statewide Minnesota
171.18 	Financial Crimes Task Force to investigate major financial
171.19 	crimes;
171.20 	(2) select a statewide commander of the task force who
171.21 	serves at the pleasure of the oversight council;
171.22 	(3) assist the Department of Public Safety in developing an
171.23 	objective grant review application process that is free from
171.24 	conflicts of interest;
171.25 	(4) make funding recommendations to the commissioner of
171.26 	public safety on grants to support efforts to combat identity
171.27 	theft and financial crime;
171.28 	(5) assist law enforcement agencies and victims in
171.29 	developing a process to collect and share information to improve
171.30 	the investigation and prosecution of identity theft and
171.31 	financial crime;
171.32 	(6) develop and approve an operational budget for the
171.33 	office of the statewide commander and the oversight council; and 
171.34 	(7) enter into any contracts necessary to establish and
171.35 	maintain a relationship with retailers, financial institutions,
171.36 	and other businesses to deal effectively with identity theft and
172.1 	financial crime.
172.2 	The task force described in clause (1) may consist of members
172.3 	from local law enforcement agencies, federal law enforcement
172.4 	agencies, state and federal prosecutors' offices, and
172.5 	representatives from elderly victims, retail, financial
172.6 	institutions, and not-for-profit organizations.
172.7 		Subd. 4.Statewide commander. (a) The Minnesota
172.8 	Financial Crimes Task Force commander under Minnesota Statutes
172.9 	2004, section 299A.68, shall oversee the transition of that task
172.10 	force into the task force described in subdivision 3 and remain
172.11 	in place as its commander until July 1, 2008.  On that date, the
172.12 	commissioner of public safety shall appoint as statewide
172.13 	commander the individual selected by the oversight council under
172.14 	subdivision 3.
172.15 	(b) The commander shall:
172.16 	(1) coordinate and monitor all multijurisdictional identity
172.17 	theft and financial crime enforcement activities;
172.18 	(2) facilitate local efforts and ensure statewide
172.19 	coordination with efforts to combat identity theft and financial
172.20 	crime;
172.21 	(3) facilitate training for law enforcement and other
172.22 	personnel;
172.23 	(4) monitor compliance with investigative protocols;
172.24 	(5) implement an outcome evaluation and data quality
172.25 	control process;
172.26 	(6) be responsible for the selection and for cause removal
172.27 	of assigned task force investigators who are designated
172.28 	participants under a memorandum of understanding or who receive
172.29 	grant funding;
172.30 	(7) provide supervision of assigned task force
172.31 	investigators;
172.32 	(8) submit a task force operational budget to the oversight
172.33 	council for approval; and 
172.34 	(9) submit quarterly task force activity reports to the
172.35 	oversight council.
172.36 		Subd. 5.Participating officers; employment status. All
173.1 	law enforcement officers selected to participate in the task
173.2 	force must be licensed peace officers as defined in section
173.3 	626.84, subdivision 1, or qualified federal law enforcement
173.4 	officers as defined in section 626.8453.  Participating officers
173.5 	remain employees of the same entity that employed them before
173.6 	joining any multijurisdictional entity established under this
173.7 	section.  Participating officers are not employees of the state.
173.8 		Subd. 6.Jurisdiction and powers. Law enforcement
173.9 	officers participating in any multijurisdictional entity
173.10 	established under this section have statewide jurisdiction to
173.11 	conduct criminal investigations and have the same powers of
173.12 	arrest as those possessed by a sheriff.  The task force shall
173.13 	retain from its predecessor the assigned originating reporting
173.14 	number for case reporting purposes.
173.15 		Subd. 7.Grants authorized. The commissioner of public
173.16 	safety, upon recommendation of the oversight council, shall make
173.17 	grants to state and local units of government to combat identity
173.18 	theft and financial crime.  The commander, as funding permits,
173.19 	may prepare a budget to establish four regional districts and
173.20 	funding grant allocations programs outside the counties of
173.21 	Hennepin, Ramsey, Anoka, Washington, and Dakota.  The budget
173.22 	must be reviewed and approved by the oversight council and
173.23 	recommended to the commissioner to support these efforts.
173.24 		Subd. 8.Victims assistance program. (a) The oversight
173.25 	council may establish a victims' assistance program to assist
173.26 	victims of economic crimes and provide prevention and awareness
173.27 	programs.  The oversight council may retain the services of
173.28 	not-for-profit organizations to assist in the development and
173.29 	delivery systems in aiding victims of financial crime.  The
173.30 	program may not provide any financial assistance to victims, but
173.31 	may assist victims in obtaining police assistance and advise
173.32 	victims in how to protect personal accounts and identities.
173.33 	Services may include a victim toll-free telephone number, fax
173.34 	number, Web site, Monday through Friday telephone service,
173.35 	e-mail response, and interfaces to other helpful Web sites.
173.36 	Victims' information compiled are governed under chapter 13.
174.1 	(b) The oversight council may post or communicate through
174.2 	public service announcements in newspapers, radio, television,
174.3 	cable access, billboards, Internet, Web sites, and other normal
174.4 	advertising channels, a financial reward of up to $2,000 for
174.5 	tips leading to the apprehension and successful prosecution of
174.6 	individuals committing economic crime.  All rewards must meet
174.7 	the oversight council's standards.  The release of funds must be
174.8 	made to an individual whose information leads to the
174.9 	apprehension and prosecution of offenders committing economic or
174.10 	financial crimes against citizens or businesses in Minnesota.
174.11 	All rewards paid to an individual must be reported to the
174.12 	Department of Revenue along with the individual's Social
174.13 	Security number.
174.14 		Subd. 9.Oversight council and task force is permanent.
 174.15 	Notwithstanding section 15.059, this section does not expire.
174.16 		Subd. 10.Funding. (a) The Minnesota Financial Crimes
174.17 	Oversight Council account is created in the special revenue fund.
174.18 	Money received for the purposes of the council under section
174.19 	171.06, subdivision 2c, this subdivision, or from any other
174.20 	source must be credited to the account.
174.21 	(b) The oversight council may accept lawful grants and
174.22 	in-kind contributions from any federal, state, or local source
174.23 	or legal business or individual not funded by this section for
174.24 	general operation support, including personnel costs.  These
174.25 	grants or in-kind contributions are not to be directed toward
174.26 	the case of a particular victim or business.  The oversight
174.27 	council's fiscal agent shall handle all funds approved by the
174.28 	oversight council, including in-kind contributions.
174.29 		Subd. 11.Forfeiture. Property seized by the task force
174.30 	is subject to forfeiture pursuant to sections 609.531, 609.5312,
174.31 	609.5313, and 609.5315 if ownership cannot be established.  The
174.32 	council shall receive the proceeds from the sale of all property
174.33 	properly seized and forfeited.
174.34 		Subd. 12.Transfer equipment from current task
174.35 	force. All equipment possessed by the task force described in
174.36 	Minnesota Statutes 2004, section 299A.68, is transferred to the
175.1 	oversight council for use by the task force described in this
175.2 	section.
175.3 	
EFFECTIVE DATE. This section is effective July 1, 2005.

175.4 	Sec. 13. [299A.90] HUNTING LICENSEES; INELIGIBILITY TO
175.5 	POSSESS FIREARMS.
175.6 	(a) The commissioner of public safety shall review
175.7 	information on individuals who possess a license to take game by
175.8 	firearm and determine whether any of these individuals are
175.9 	ineligible to possess a firearm under state or federal law.
175.10 	(b) Each year on a quarterly basis, the commissioner shall
175.11 	forward the names of potential matches and other pertinent
175.12 	information on individuals identified under paragraph (a) to the
175.13 	commissioner of natural resources, the superintendent of the
175.14 	Bureau of Criminal Apprehension, the state court administrator,
175.15 	the commissioner of corrections, the chief law enforcement
175.16 	officer of the law enforcement agency having jurisdiction over
175.17 	where the individual resides, and, if applicable, the
175.18 	individual's correctional agent and the chief law enforcement
175.19 	officer of any law enforcement agency having an outstanding
175.20 	warrant for the individual.

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

175.22 	Sec. 14. Minnesota Statutes 2004, section 299C.65,
175.23 	subdivision 1, is amended to read:
175.24 		Subdivision 1.Membership, duties.  (a) The Criminal and
175.25 	Juvenile Justice Information Policy Group consists of the
175.26 	commissioner of corrections, the commissioner of public safety,
175.27 	the commissioner of administration, the commissioner of finance,
175.28 	and four members of the judicial branch appointed by the chief
175.29 	justice of the Supreme Court, and the chair and first vice chair
175.30 	of the Criminal and Juvenile Justice Information Task Force.
175.31 	The policy group may appoint additional, nonvoting members as
175.32 	necessary from time to time.
175.33 	(b) The commissioner of public safety is designated as the
175.34 	chair of the policy group.  The commissioner and the policy
175.35 	group have overall responsibility for the successful completion
175.36 	of statewide criminal justice information system integration
176.1 	(CriMNet).  The policy group may hire a program manager an
176.2 	executive director to manage the CriMNet projects and to be
176.3 	responsible for the day-to-day operations of CriMNet. The
176.4 	executive director shall serve at the pleasure of the policy
176.5 	group in unclassified service.The policy group must ensure
176.6 	that generally accepted project management techniques are
176.7 	utilized for each CriMNet project, including:
176.8 	(1) clear sponsorship;
176.9 	(2) scope management;
176.10 	(3) project planning, control, and execution;
176.11 	(4) continuous risk assessment and mitigation;
176.12 	(5) cost management;
176.13 	(6) quality management reviews;
176.14 	(7) communications management; and 
176.15 	(8) proven methodology; and 
176.16 	(9) education and training.
176.17 	(c) Products and services for CriMNet project management,
176.18 	system design, implementation, and application hosting must be
176.19 	acquired using an appropriate procurement process, which
176.20 	includes:
176.21 	(1) a determination of required products and services;
176.22 	(2) a request for proposal development and identification
176.23 	of potential sources;
176.24 	(3) competitive bid solicitation, evaluation, and
176.25 	selection; and
176.26 	(4) contract administration and close-out.
176.27 	(d) The policy group shall study and make recommendations
176.28 	to the governor, the Supreme Court, and the legislature on:
176.29 	(1) a framework for integrated criminal justice information
176.30 	systems, including the development and maintenance of a
176.31 	community data model for state, county, and local criminal
176.32 	justice information;
176.33 	(2) the responsibilities of each entity within the criminal
176.34 	and juvenile justice systems concerning the collection,
176.35 	maintenance, dissemination, and sharing of criminal justice
176.36 	information with one another;
177.1 	(3) actions necessary to ensure that information maintained
177.2 	in the criminal justice information systems is accurate and
177.3 	up-to-date;
177.4 	(4) the development of an information system containing
177.5 	criminal justice information on gross misdemeanor-level and
177.6 	felony-level juvenile offenders that is part of the integrated
177.7 	criminal justice information system framework;
177.8 	(5) the development of an information system containing
177.9 	criminal justice information on misdemeanor arrests,
177.10 	prosecutions, and convictions that is part of the integrated
177.11 	criminal justice information system framework;
177.12 	(6) comprehensive training programs and requirements for
177.13 	all individuals in criminal justice agencies to ensure the
177.14 	quality and accuracy of information in those systems;
177.15 	(7) continuing education requirements for individuals in
177.16 	criminal justice agencies who are responsible for the
177.17 	collection, maintenance, dissemination, and sharing of criminal
177.18 	justice data;
177.19 	(8) a periodic audit process to ensure the quality and
177.20 	accuracy of information contained in the criminal justice
177.21 	information systems;
177.22 	(9) the equipment, training, and funding needs of the state
177.23 	and local agencies that participate in the criminal justice
177.24 	information systems;
177.25 	(10) the impact of integrated criminal justice information
177.26 	systems on individual privacy rights;
177.27 	(11) the impact of proposed legislation on the criminal
177.28 	justice system, including any fiscal impact, need for training,
177.29 	changes in information systems, and changes in processes;
177.30 	(12) the collection of data on race and ethnicity in
177.31 	criminal justice information systems;
177.32 	(13) the development of a tracking system for domestic
177.33 	abuse orders for protection;
177.34 	(14) processes for expungement, correction of inaccurate
177.35 	records, destruction of records, and other matters relating to
177.36 	the privacy interests of individuals; and
178.1 	(15) the development of a database for extended
178.2 	jurisdiction juvenile records and whether the records should be
178.3 	public or private and how long they should be retained.
178.4 	
EFFECTIVE DATE. This section is effective July 1, 2005.

178.5 	Sec. 15. Minnesota Statutes 2004, section 299C.65,
178.6 	subdivision 2, is amended to read:
178.7 		Subd. 2.report,task force. (a) The policy group shall
178.8 	file an annual report with the governor, Supreme Court, and
178.9 	chairs and ranking minority members of the senate and house
178.10 	committees and divisions with jurisdiction over criminal justice
178.11 	funding and policy by December 1 of each year.
178.12 	(b) The report must make recommendations concerning any
178.13 	legislative changes or appropriations that are needed to ensure
178.14 	that the criminal justice information systems operate accurately
178.15 	and efficiently.  To assist them in developing their
178.16 	recommendations,The policy group shall appoint a task force
178.17 	consisting to assist them in their duties.  The task force shall
178.18 	monitor, review, and report to the policy group on
178.19 	CriMNet-related projects and provide oversight to ongoing
178.20 	operations as directed by the policy group.  The task force
178.21 	shall consist of its members or their designees and the
178.22 	following additional members:
178.23 	(1) the director of the Office of Strategic and Long-Range
178.24 	Planning;
178.25 	(2) two sheriffs recommended by the Minnesota Sheriffs
178.26 	Association;
178.27 	(3) (2) two police chiefs recommended by the Minnesota
178.28 	Chiefs of Police Association;
178.29 	(4) (3) two county attorneys recommended by the Minnesota
178.30 	County Attorneys Association;
178.31 	(5) (4) two city attorneys recommended by the Minnesota
178.32 	League of Cities;
178.33 	(6) (5) two public defenders appointed by the Board of
178.34 	Public Defense;
178.35 	(7) (6) two district judges appointed by the Conference of
178.36 	Chief Judges, one of whom is currently assigned to the juvenile
179.1 	court;
179.2 	(8) (7) two community corrections administrators
179.3 	recommended by the Minnesota Association of Counties, one of
179.4 	whom represents a community corrections act county;
179.5 	(9) (8) two probation officers;
179.6 	(10) (9) four public members, one of whom has been a victim
179.7 	of crime, and two who are representatives of the private
179.8 	business community who have expertise in integrated information
179.9 	systems;
179.10 	(11) (10) two court administrators;
179.11 	(12) (11) one member of the house of representatives
179.12 	appointed by the speaker of the house;
179.13 	(13) (12) one member of the senate appointed by the
179.14 	majority leader;
179.15 	(14) (13) the attorney general or a designee;
179.16 	(15) the commissioner of administration or a designee;
179.17 	(16) (14) an individual recommended by the Minnesota League
179.18 	of Cities; and 
179.19 	(17) (15) an individual recommended by the Minnesota
179.20 	Association of Counties;
179.21 	(16) the director of the Sentencing Guidelines Commission;
179.22 	(17) one member appointed by the commissioner of public
179.23 	safety;
179.24 	(18) one member appointed by the commissioner of
179.25 	corrections;
179.26 	(19) one member appointed by the commissioner of
179.27 	administration; and 
179.28 	(20) one member appointed by the chief justice of the
179.29 	Supreme Court.
179.30 	In making these appointments, the appointing authority shall
179.31 	select members with expertise in integrated data systems or best
179.32 	practices.
179.33 	(c) The commissioner of public safety may appoint
179.34 	additional, nonvoting members to the task force as necessary
179.35 	from time to time.
179.36 	
EFFECTIVE DATE. This section is effective July 1, 2005.

180.1 	Sec. 16. Minnesota Statutes 2004, section 299C.65, is
180.2 	amended by adding a subdivision to read:
180.3 		Subd. 3a.Report. The policy group, with the assistance
180.4 	of the task force, shall file an annual report with the
180.5 	governor, Supreme Court, and chairs and ranking minority members
180.6 	of the senate and house committees and divisions with
180.7 	jurisdiction over criminal justice funding and policy by January
180.8 	15 of each year.  The report must provide the following:
180.9 	(1) status and review of current integration efforts and
180.10 	projects;
180.11 	(2) recommendations concerning any legislative changes or
180.12 	appropriations that are needed to ensure that the criminal
180.13 	justice information systems operate accurately and efficiently;
180.14 	and 
180.15 	(3) summary of the activities of the policy group and task
180.16 	force.
180.17 	
EFFECTIVE DATE. This section is effective July 1, 2005.

180.18 	Sec. 17. Minnesota Statutes 2004, section 299C.65,
180.19 	subdivision 5, is amended to read:
180.20 		Subd. 5.Review of funding and grant requests.  (a) The
180.21 	Criminal and Juvenile Justice Information Policy Group shall
180.22 	review the funding requests for criminal justice information
180.23 	systems from state, county, and municipal government agencies.
180.24 	The policy group shall review the requests for compatibility to
180.25 	statewide criminal justice information system standards.  The
180.26 	review shall be forwarded to the chairs and ranking minority
180.27 	members of the house and senate committees and divisions with
180.28 	jurisdiction over criminal justice funding and policy.
180.29 	(b) The policy group shall also review funding requests for
180.30 	criminal justice information systems grants to be made by the
180.31 	commissioner of public safety as provided in this section.
180.32 	Within the limits of available appropriations, the commissioner
180.33 	of public safety shall make grants for projects that have been
180.34 	approved by the policy group.CriMNet program office, in
180.35 	consultation with the Criminal and Juvenile Justice Information
180.36 	Task Force and with the approval of the policy group, shall
181.1 	create the requirements for any grant request and determine the
181.2 	integration priorities for the grant period.  The CriMNet
181.3 	program office shall also review the requests submitted for
181.4 	compatibility to statewide criminal justice information systems
181.5 	standards.
181.6 	(c) If a funding request is for development of a
181.7 	comprehensive criminal justice information integration plan, the
181.8 	policy group shall ensure that the request contains the
181.9 	components specified in subdivision 6.  If a funding request is
181.10 	for implementation of a plan or other criminal justice
181.11 	information systems project, the policy group shall ensure that:
181.12 	(1) the government agency has adopted a comprehensive plan
181.13 	that complies with subdivision 6;
181.14 	(2) the request contains the components specified in
181.15 	subdivision 7; and 
181.16 	(3) the request demonstrates that it is consistent with the
181.17 	government agency's comprehensive plan.The task force shall
181.18 	review funding requests for criminal justice information systems
181.19 	grants and make recommendations to the policy group.  The policy
181.20 	group shall review the recommendations of the task force and
181.21 	shall make a final recommendation for criminal justice
181.22 	information systems grants to be made by the commissioner of
181.23 	public safety.  Within the limits of available state
181.24 	appropriations and federal grants, the commissioner of public
181.25 	safety shall make grants for projects that have been recommended
181.26 	by the policy group.
181.27 	(d) The policy group may approve grants only if the
181.28 	applicant provides an appropriate share of matching funds as
181.29 	determined by the policy group to help pay up to one-half of the
181.30 	costs of the grant request.  The matching requirement must be
181.31 	constant for all counties.  The policy group shall adopt
181.32 	policies concerning the use of in-kind resources to satisfy the
181.33 	match requirement and the sources from which matching funds may
181.34 	be obtained.  Local operational or technology staffing costs may
181.35 	be considered as meeting this match requirement.  Each grant
181.36 	recipient shall certify to the policy group that it has not
182.1 	reduced funds from local, county, federal, or other sources
182.2 	which, in the absence of the grant, would have been made
182.3 	available to the grant recipient to improve or integrate
182.4 	criminal justice technology.
182.5 	(e) All grant recipients shall submit to the CriMNet
182.6 	program office all requested documentation including grant
182.7 	status, financial reports, and a final report evaluating how the
182.8 	grant funds improved the agency's criminal justice integration
182.9 	priorities.  The CriMNet program office shall establish the
182.10 	recipient's reporting dates at the time funds are awarded.
182.11 	
EFFECTIVE DATE. This section is effective July 1, 2005.

182.12 	Sec. 18. Minnesota Statutes 2004, section 340A.301,
182.13 	subdivision 6, is amended to read:
182.14 		Subd. 6.Fees.  The annual fees for licenses under this
182.15 	section are as follows:
182.16 	(a) Manufacturers (except as provided
182.17 	      in clauses (b) and (c)) $15,000 $30,000 
182.18 	      Duplicates                                 $ 3,000
182.19 	  (b) Manufacturers of wines of not more
182.20 	      than 25 percent alcohol by volume          $   500
182.21 	  (c) Brewers other than those described
182.22 	      in clauses (d) and (i)                     $ 2,500 4,000 
182.23 	  (d) Brewers who also hold one or more
182.24 	      retail on-sale licenses and who
182.25 	      manufacture fewer than 3,500 barrels
182.26 	      of malt liquor in a year, at any one
182.27 	      licensed premises, using only wort produced
182.28 	      in Minnesota, the entire
182.29 	      production of which is solely
182.30 	      for consumption on tap on the
182.31 	      licensed premises or for off-sale
182.32 	      from that licensed premises.
182.33 	      A brewer licensed
182.34 	      under this clause must obtain a separate
182.35 	      license for each licensed premises where
182.36 	      the brewer brews malt liquor.  A brewer
183.1 	      licensed under this clause may not be
183.2 	      licensed as an importer under this chapter  $  500
183.3 	  (e) Wholesalers (except as provided in
183.4 	      clauses (f), (g), and (h))                 $15,000
183.5 	      Duplicates                                 $ 3,000
183.6 	  (f) Wholesalers of wines of not more
183.7 	      than 25 percent alcohol by volume          $ 2,000 3,750 
183.8 	  (g) Wholesalers of intoxicating
183.9 	      malt liquor                                $ 600 1,000 
183.10 	      Duplicates                                 $    25
183.11 	  (h) Wholesalers of 3.2 percent
183.12 	      malt liquor                                $    10
183.13 	  (i) Brewers who manufacture fewer than
183.14 	      2,000 barrels of malt liquor in a year     $   150
183.15 	If a business licensed under this section is destroyed, or
183.16 	damaged to the extent that it cannot be carried on, or if it
183.17 	ceases because of the death or illness of the licensee, the
183.18 	commissioner may refund the license fee for the balance of the
183.19 	license period to the licensee or to the licensee's estate.
183.20 	
EFFECTIVE DATE. This section is effective July 1, 2005.

183.21 	Sec. 19. Minnesota Statutes 2004, section 340A.302,
183.22 	subdivision 3, is amended to read:
183.23 		Subd. 3.Fees.  Annual fees for licenses under this
183.24 	section, which must accompany the application, are as follows:
183.25 	Importers of distilled spirits, wine,
183.26 	or ethyl alcohol                             $420
183.27 	Importers of malt liquor $800 
183.28 	$1,600 
183.29 	If an application is denied, $100 of the fee shall be
183.30 	retained by the commissioner to cover costs of investigation.
183.31 	
EFFECTIVE DATE. This section is effective July 1, 2005.

183.32 	Sec. 20. Minnesota Statutes 2004, section 340A.311, is
183.33 	amended to read:
183.34 	340A.311 BRAND REGISTRATION.
183.35 	(a) A brand of intoxicating liquor or 3.2 percent malt
183.36 	liquor may not be manufactured, imported into, or sold in the
184.1 	state unless the brand label has been registered with and
184.2 	approved by the commissioner.  A brand registration must be
184.3 	renewed every three years in order to remain in effect.  The fee
184.4 	for an initial brand registration is $30 $40.  The fee for brand
184.5 	registration renewal is $20 $30.  The brand label of a brand of
184.6 	intoxicating liquor or 3.2 percent malt liquor for which the
184.7 	brand registration has expired, is conclusively deemed abandoned
184.8 	by the manufacturer or importer.
184.9 	(b) In this section "brand" and "brand label" include
184.10 	trademarks and designs used in connection with labels.
184.11 	(c) The label of any brand of wine or intoxicating or
184.12 	nonintoxicating malt beverage may be registered only by the
184.13 	brand owner or authorized agent.  No such brand may be imported
184.14 	into the state for sale without the consent of the brand owner
184.15 	or authorized agent.  This section does not limit the provisions
184.16 	of section 340A.307.
184.17 	(d) The commissioner shall refuse to register a malt liquor
184.18 	brand label, and shall revoke the registration of a malt liquor
184.19 	brand label already registered, if the brand label states or
184.20 	implies in a false or misleading manner a connection with an
184.21 	actual living or dead American Indian leader.  This paragraph
184.22 	does not apply to a brand label registered for the first time in
184.23 	Minnesota before January 1, 1992.

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

184.25 	Sec. 21. Minnesota Statutes 2004, section 340A.404,
184.26 	subdivision 12, is amended to read:
184.27 		Subd. 12.Caterer's permit.  The commissioner may issue a
184.28 	caterer's permit to a restaurant that holds an on-sale
184.29 	intoxicating liquor license issued by any municipality.  The
184.30 	holder of a caterer's permit may sell intoxicating liquor as an
184.31 	incidental part of a food service that serves prepared meals at
184.32 	a place other than the premises for which the holder's on-sale
184.33 	intoxicating liquor license is issued.
184.34 	(a) A caterer's permit is auxiliary to the primary on-sale
184.35 	license held by the licensee.
184.36 	(b) The restrictions and regulations which apply to the
185.1 	sale of intoxicating liquor on the licensed premises also apply
185.2 	to the sale under the authority of a caterer's permit, and any
185.3 	act that is prohibited on the licensed premises is also
185.4 	prohibited when the licensee is operating other than on the
185.5 	licensed premises under a caterer's permit.
185.6 	(c) Any act, which if done on the licensed premises would
185.7 	be grounds for cancellation or suspension of the on-sale
185.8 	licensee, is grounds for cancellation of both the on-sale
185.9 	license and the caterer's permit if done when the permittee is
185.10 	operating away from the licensed premises under the authority of
185.11 	the caterer's permit.
185.12 	(d) The permittee shall notify prior to any catered event:
185.13 	(1) the police chief of the city where the event will take
185.14 	place, if the event will take place within the corporate limits
185.15 	of a city; or
185.16 	(2) the county sheriff of the county where the event will
185.17 	take place, if the event will be outside the corporate limits of
185.18 	any city.
185.19 	(e) If the primary license ceases to be valid for any
185.20 	reason, the caterer's permit ceases to be valid.
185.21 	(f) Permits issued under this subdivision are subject to
185.22 	all laws and ordinances governing the sale of intoxicating
185.23 	liquor except those laws and ordinances which by their nature
185.24 	are not applicable.
185.25 	(g) The annual state fee for a caterer's permit
185.26 	is $200 $300.
185.27 	
EFFECTIVE DATE. This section is effective July 1, 2005.

185.28 	Sec. 22. Minnesota Statutes 2004, section 340A.408,
185.29 	subdivision 4, is amended to read:
185.30 		Subd. 4.Lake superior, st. croix river, and mississippi
185.31 	river tour boats; common carriers.  (a) The annual license fee
185.32 	for licensing of Lake Superior, St. Croix River, and Mississippi
185.33 	River tour boats under section 340A.404, subdivision 8, shall be
185.34 	$1,000 $1,500.  The commissioner shall transmit one-half of this
185.35 	fee to the governing body of the city that is the home port of
185.36 	the tour boat or to the county in which the home port is located
186.1 	if the home port is outside a city.
186.2 	(b) The annual license fee for common carriers licensed
186.3 	under section 340A.407 is:
186.4 	(1) $50 for 3.2 percent malt liquor, and $20 for a
186.5 	duplicate license; and
186.6 	(2) $200 $250 for intoxicating liquor, and $20 $30 for a
186.7 	duplicate license.
186.8 	
EFFECTIVE DATE. This section is effective July 1, 2005.

186.9 	Sec. 23. Minnesota Statutes 2004, section 340A.414,
186.10 	subdivision 6, is amended to read:
186.11 		Subd. 6.Permit fees.  The annual fee for issuance of a
186.12 	permit under this section is $150 $250.  The governing body of a
186.13 	city or county where the establishment is located may impose an
186.14 	additional fee of not more than $300.
186.15 	
EFFECTIVE DATE. This section is effective July 1, 2005.

186.16 	Sec. 24. Minnesota Statutes 2004, section 340A.504,
186.17 	subdivision 3, is amended to read:
186.18 		Subd. 3.Intoxicating liquor; sunday sales; on-sale.  (a)
186.19 	A restaurant, club, bowling center, or hotel with a seating
186.20 	capacity for at least 30 persons and which holds an on-sale
186.21 	intoxicating liquor license may sell intoxicating liquor for
186.22 	consumption on the premises in conjunction with the sale of food
186.23 	between the hours of 12:00 noon on Sundays and 2:00 a.m. on
186.24 	Mondays.
186.25 	(b) The governing body of a municipality may after one
186.26 	public hearing by ordinance permit a restaurant, hotel, bowling
186.27 	center, or club to sell alcoholic beverages for consumption on
186.28 	the premises in conjunction with the sale of food between the
186.29 	hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays,
186.30 	provided that the licensee is in conformance with the Minnesota
186.31 	Clean Air Act.
186.32 	(c) An establishment serving intoxicating liquor on Sundays
186.33 	must obtain a Sunday license.  The license must be issued by the
186.34 	governing body of the municipality for a period of one year, and
186.35 	the fee for the license may not exceed $200.
186.36 	(d) A city may issue a Sunday intoxicating liquor license
187.1 	only if authorized to do so by the voters of the city voting on
187.2 	the question at a general or special election.  A county may
187.3 	issue a Sunday intoxicating liquor license in a town only if
187.4 	authorized to do so by the voters of the town as provided in
187.5 	paragraph (e).  A county may issue a Sunday intoxicating liquor
187.6 	license in unorganized territory only if authorized to do so by
187.7 	the voters of the election precinct that contains the licensed
187.8 	premises, voting on the question at a general or special
187.9 	election.
187.10 	(e) An election conducted in a town on the question of the
187.11 	issuance by the county of Sunday sales licenses to
187.12 	establishments located in the town must be held on the day of
187.13 	the annual election of town officers.
187.14 	(f) Voter approval is not required for licenses issued by
187.15 	the Metropolitan Airports Commission or common carrier licenses
187.16 	issued by the commissioner.  Common carriers serving
187.17 	intoxicating liquor on Sunday must obtain a Sunday license from
187.18 	the commissioner at an annual fee of $50 $75, plus $20 $30 for
187.19 	each duplicate.
187.20 	
EFFECTIVE DATE. This section is effective July 1, 2005.

187.21 	Sec. 25. Minnesota Statutes 2004, section 340A.504,
187.22 	subdivision 7, is amended to read:
187.23 		Subd. 7.Sales after 1:00 a.m.; permit fee.  (a) No
187.24 	licensee may sell intoxicating liquor or 3.2 percent malt liquor
187.25 	on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
187.26 	licensee has obtained a permit from the commissioner.
187.27 	Application for the permit must be on a form the commissioner
187.28 	prescribes.  Permits are effective for one year from date of
187.29 	issuance.  For retailers of intoxicating liquor, the fee for the
187.30 	permit is based on the licensee's gross receipts from on-sales
187.31 	of alcoholic beverages in the 12 months prior to the month in
187.32 	which the permit is issued, and is at the following rates:
187.33 	(1) up to $100,000 in gross receipts, $200 $300;
187.34 	(2) over $100,000 but not over $500,000 in gross receipts,
187.35 	$500 $750; and
187.36 	(3) over $500,000 in gross receipts, $600 $1,000.
188.1 	For a licensed retailer of intoxicating liquor who did not sell
188.2 	intoxicating liquor at on-sale for a full 12 months prior to the
188.3 	month in which the permit is issued, the fee is $200.  For a
188.4 	retailer of 3.2 percent malt liquor, the fee is $200.
188.5 	(b) The commissioner shall deposit all permit fees received
188.6 	under this subdivision in the alcohol enforcement account in the
188.7 	special revenue fund.
188.8 	(c) Notwithstanding any law to the contrary, the
188.9 	commissioner of revenue may furnish to the commissioner the
188.10 	information necessary to administer and enforce this subdivision.
188.11 	
EFFECTIVE DATE. This section is effective July 1, 2005.

188.12 	Sec. 26. Minnesota Statutes 2004, section 357.021,
188.13 	subdivision 2, is amended to read:
188.14 		Subd. 2.Fee amounts.  The fees to be charged and
188.15 	collected by the court administrator shall be as follows:
188.16 	(1) In every civil action or proceeding in said court,
188.17 	including any case arising under the tax laws of the state that
188.18 	could be transferred or appealed to the Tax Court, the
188.19 	plaintiff, petitioner, or other moving party shall pay, when the
188.20 	first paper is filed for that party in said action, a fee of
188.21 	$235 $240.
188.22 	The defendant or other adverse or intervening party, or any
188.23 	one or more of several defendants or other adverse or
188.24 	intervening parties appearing separately from the others, shall
188.25 	pay, when the first paper is filed for that party in said
188.26 	action, a fee of $235.
188.27 	The party requesting a trial by jury shall pay $75.
188.28 	The fees above stated shall be the full trial fee
188.29 	chargeable to said parties irrespective of whether trial be to
188.30 	the court alone, to the court and jury, or disposed of without
188.31 	trial, and shall include the entry of judgment in the action,
188.32 	but does not include copies or certified copies of any papers so
188.33 	filed or proceedings under chapter 103E, except the provisions
188.34 	therein as to appeals.
188.35 	(2) Certified copy of any instrument from a civil or
188.36 	criminal proceeding, $10, and $5 for an uncertified copy.
189.1 	(3) Issuing a subpoena, $12 for each name.
189.2 	(4) Filing a motion or response to a motion in civil,
189.3 	family, excluding child support, and guardianship cases, $55.
189.4 	(5) Issuing an execution and filing the return thereof;
189.5 	issuing a writ of attachment, injunction, habeas corpus,
189.6 	mandamus, quo warranto, certiorari, or other writs not
189.7 	specifically mentioned, $40.
189.8 	(6) Issuing a transcript of judgment, or for filing and
189.9 	docketing a transcript of judgment from another court, $30.
189.10 	(7) Filing and entering a satisfaction of judgment, partial
189.11 	satisfaction, or assignment of judgment, $5.
189.12 	(8) Certificate as to existence or nonexistence of
189.13 	judgments docketed, $5 for each name certified to.
189.14 	(9) Filing and indexing trade name; or recording basic
189.15 	science certificate; or recording certificate of physicians,
189.16 	osteopaths, chiropractors, veterinarians, or optometrists, $5.
189.17 	(10) For the filing of each partial, final, or annual
189.18 	account in all trusteeships, $40.
189.19 	(11) For the deposit of a will, $20.
189.20 	(12) For recording notary commission, $100, of which,
189.21 	notwithstanding subdivision 1a, paragraph (b), $80 must be
189.22 	forwarded to the commissioner of finance to be deposited in the
189.23 	state treasury and credited to the general fund.
189.24 	(13) Filing a motion or response to a motion for
189.25 	modification of child support, a fee fixed by rule or order of
189.26 	the Supreme Court.
189.27 	(14) All other services required by law for which no fee is
189.28 	provided, such fee as compares favorably with those herein
189.29 	provided, or such as may be fixed by rule or order of the court.
189.30 	(15) In addition to any other filing fees under this
189.31 	chapter, a surcharge in the amount of $75 must be assessed in
189.32 	accordance with section 259.52, subdivision 14, for each
189.33 	adoption petition filed in district court to fund the fathers'
189.34 	adoption registry under section 259.52.
189.35 	The fees in clauses (3) and (5) need not be paid by a
189.36 	public authority or the party the public authority represents.
190.1 	
EFFECTIVE DATE. This section is effective July 1, 2005.

190.2 	Sec. 27. Minnesota Statutes 2004, section 357.021,
190.3 	subdivision 6, is amended to read:
190.4 		Subd. 6.Surcharges on criminal and traffic offenders.
 190.5 	(a) The court shall impose and the court administrator shall
190.6 	collect a $60 $72 surcharge on every person convicted of any
190.7 	felony, gross misdemeanor, misdemeanor, or petty misdemeanor
190.8 	offense, other than a violation of a law or ordinance relating
190.9 	to vehicle parking, for which there shall be a $3 $4 surcharge.
190.10 	In the Second Judicial District, the court shall impose, and the
190.11 	court administrator shall collect, an additional $1 surcharge on
190.12 	every person convicted of any felony, gross misdemeanor, or
190.13 	petty misdemeanor offense, other than a violation of a law or
190.14 	ordinance relating to vehicle parking, if the Ramsey County
190.15 	Board of Commissioners authorizes the $1 surcharge.  The
190.16 	surcharge shall be imposed whether or not the person is
190.17 	sentenced to imprisonment or the sentence is stayed.
190.18 	(b) If the court fails to impose a surcharge as required by
190.19 	this subdivision, the court administrator shall show the
190.20 	imposition of the surcharge, collect the surcharge and correct
190.21 	the record.
190.22 	(c) The court may not waive payment of the surcharge
190.23 	required under this subdivision.  Upon a showing of indigency or
190.24 	undue hardship upon the convicted person or the convicted
190.25 	person's immediate family, the sentencing court may authorize
190.26 	payment of the surcharge in installments.
190.27 	(d) The court administrator or other entity collecting a
190.28 	surcharge shall forward it to the commissioner of finance.
190.29 	(e) If the convicted person is sentenced to imprisonment
190.30 	and has not paid the surcharge before the term of imprisonment
190.31 	begins, the chief executive officer of the correctional facility
190.32 	in which the convicted person is incarcerated shall collect the
190.33 	surcharge from any earnings the inmate accrues from work
190.34 	performed in the facility or while on conditional release.  The
190.35 	chief executive officer shall forward the amount collected to
190.36 	the commissioner of finance.
191.1 	
EFFECTIVE DATE. This section is effective July 1, 2005.

191.2 	Sec. 28. Minnesota Statutes 2004, section 357.021,
191.3 	subdivision 7, is amended to read:
191.4 		Subd. 7.Disbursement of surcharges by commissioner of
191.5 	finance.  (a) Except as provided in paragraphs (b), (c), and
191.6 	(d), the commissioner of finance shall disburse surcharges
191.7 	received under subdivision 6 and section 97A.065, subdivision 2,
191.8 	as follows:
191.9 	(1) one percent shall be credited to the game and fish fund
191.10 	to provide peace officer training for employees of the
191.11 	Department of Natural Resources who are licensed under sections
191.12 	626.84 to 626.863, and who possess peace officer authority for
191.13 	the purpose of enforcing game and fish laws;
191.14 	(2) 39 percent shall be credited to the peace officers
191.15 	training account in the special revenue fund; and
191.16 	(3) 60 percent shall be credited to the general fund.
191.17 	(b) The commissioner of finance shall credit $3 of each
191.18 	surcharge received under subdivision 6 and section 97A.065,
191.19 	subdivision 2, to the general fund.
191.20 	(c) In addition to any amounts credited under paragraph
191.21 	(a), the commissioner of finance shall credit $32 $44 of each
191.22 	surcharge received under subdivision 6 and section 97A.065,
191.23 	subdivision 2, and the $3 $4 parking surcharge, to the general
191.24 	fund.
191.25 	(d) If the Ramsey County Board of Commissioners authorizes
191.26 	imposition of the additional $1 surcharge provided for in
191.27 	subdivision 6, paragraph (a), the court administrator in the
191.28 	Second Judicial District shall withhold $1 from each surcharge
191.29 	collected under subdivision 6.  The court administrator must use
191.30 	the withheld funds solely to fund the petty misdemeanor
191.31 	diversion program administered by the Ramsey County Violations
191.32 	Bureau.  The court administrator must transfer any unencumbered
191.33 	portion of the funds received under this subdivision to the
191.34 	commissioner of finance for distribution according to paragraphs
191.35 	(a) to (c).
191.36 	
EFFECTIVE DATE. This section is effective July 1, 2005.

192.1 	Sec. 29. Minnesota Statutes 2004, section 357.18, is
192.2 	amended to read:
192.3 	357.18 COUNTY RECORDER.
192.4 		Subdivision 1.County recorder fees. The fees to be
192.5 	charged by the county recorder shall be as follows and not
192.6 	exceed the following:
192.7 	(1) for indexing and recording any deed or other instrument
192.8 	$1 for each page of an instrument, with a minimum fee of $15 a
192.9 	fee of $46; $10.50 shall be paid to the state treasury and
192.10 	credited to the general fund; $10 shall be deposited in the
192.11 	technology fund pursuant to subdivision 3; and $25.50 to the
192.12 	county general fund;
192.13 	(2) for documents containing multiple assignments, partial
192.14 	releases or satisfactions $10 for each document number or book
192.15 	and page cited a fee of $40; if the document cites more than
192.16 	four recorded instruments, an additional fee of $10 for each
192.17 	additional instrument cited over the first four citations;
192.18 	(3) for certified copies of any records or papers, $1 for
192.19 	each page of an instrument with a minimum fee of $5 $10;
192.20 	(4) for a noncertified copy of any instrument or writing on
192.21 	file or recorded in the office of the county recorder, or any
192.22 	specified page or part of it, an amount as determined by the
192.23 	county board for each page or fraction of a page specified.  If
192.24 	computer or microfilm printers are used to reproduce the
192.25 	instrument or writing, a like amount per image;
192.26 	(5) for an abstract of title, the fees shall be determined
192.27 	by resolution of the county board duly adopted upon the
192.28 	recommendation of the county recorder, and the fees shall not
192.29 	exceed $5 $10 for every entry, $50 $100 for abstract
192.30 	certificate, $1 per page for each exhibit included within an
192.31 	abstract as a part of an abstract entry, and $2 $5 per name for
192.32 	each required name search certification;
192.33 	(5) (6) for a copy of an official plat filed pursuant to
192.34 	section 505.08, the fee shall be $9.50 $10 and an additional 50
192.35 	cents $5 shall be charged for the certification of each plat;
192.36 	(6) (7) for filing an amended floor plan in accordance with
193.1 	chapter 515, an amended condominium plat in accordance with
193.2 	chapter 515A, or a common interest community plat or amendment
193.3 	complying with section 515B.2-110, subsection (c), the fee shall
193.4 	be 50 cents per apartment or unit with a minimum fee of $30 $50;
193.5 	(7) (8) for a copy of a floor plan filed pursuant to
193.6 	chapter 515, a copy of a condominium plat filed in accordance
193.7 	with chapter 515A, or a copy of a common interest community plat
193.8 	complying with section 515B.2-110, subsection (c), the fee shall
193.9 	be $1 for each page of the floor plan, condominium plat or
193.10 	common interest community plat with a minimum fee of $10;
193.11 	(9) for recording any plat, a fee of $56, of which $10.50
193.12 	must be paid to the state treasury and credited to the general
193.13 	fund, $10 must be deposited in the technology fund pursuant to
193.14 	subdivision 3, and $35.50 must be deposited in the county
193.15 	general fund; and 
193.16 	(10) for a noncertified copy of any document submitted for
193.17 	recording, if the original document is accompanied by a copy or
193.18 	duplicate original, $2.  Upon receipt of the copy or duplicate
193.19 	original and payment of the fee, a county recorder shall return
193.20 	it marked "copy" or "duplicate," showing the recording date and,
193.21 	if available, the document number assigned to the original.
193.22 		Subd. 1a.Abstracting service fees. Fees fixed by or
193.23 	established pursuant to subdivision 1 shall be the maximum fee
193.24 	charged in all counties where the county recorder performs
193.25 	abstracting services and shall be charged by persons authorized
193.26 	to perform abstracting services in county buildings pursuant to
193.27 	section 386.18.
193.28 		Subd. 2.Fees for recording instruments in county
193.29 	recorder office. Notwithstanding the provisions of any general
193.30 	or special law to the contrary, the fees prescribed by this
193.31 	section shall govern the filing or recording of all instruments
193.32 	in the office of the county recorder established fees pursuant
193.33 	to subdivision 1 shall be the fee charged in all counties for
193.34 	the specified service,other than Uniform Commercial Code
193.35 	documents, and documents filed or recorded pursuant to sections
193.36 	270.69, subdivision 2, paragraph (c), 272.481 to 272.488,
194.1 	277.20, and 386.77.
194.2 		Subd. 3.Surcharge. In addition to the fees imposed in
194.3 	subdivision 1, a $4.50 surcharge shall be collected:  on each
194.4 	fee charged under subdivision 1, clauses (1) and (6), and for
194.5 	each abstract certificate under subdivision 1, clause (4).
194.6 	Fifty cents of each surcharge shall be retained by the county to
194.7 	cover its administrative costs and $4 shall be paid to the state
194.8 	treasury and credited to the general fund.
194.9 		Subd. 4.equipment technology fund. $1 of each The $10 
194.10 	fee collected under subdivision 1, clause (1), shall be
194.11 	deposited in an equipment a technology fund to for obtaining,
194.12 	maintaining, and updating current technology and equipment to
194.13 	provide services from the record system.  The fund shall be
194.14 	disbursed at the county recorder's discretion to provide modern
194.15 	information services from the records system. The fund is a
194.16 	supplemental fund and shall not be construed to diminish the
194.17 	duty of the county governing body to furnish funding for
194.18 	expenses and personnel necessary in the performance of the
194.19 	duties of the office pursuant to section 386.015, subdivision 6,
194.20 	paragraph (a), clause (2), and to comply with the requirements
194.21 	of section 357.182.
194.22 		Subd. 5.Variance from standards. A document that does
194.23 	not should conform to the standards in section 507.093,
194.24 	paragraph (a), shall not be recorded except upon payment of an
194.25 	additional fee of $10 per document but should not be rejected
194.26 	unless the document is not legible or cannot be archived.  This
194.27 	subdivision applies only to documents dated after July 31, 1997,
194.28 	and does not apply to Minnesota uniform conveyancing
194.29 	blanks contained in the book of forms on file in the office of
194.30 	the commissioner of commerce provided for under section 507.09,
194.31 	certified copies, or any other form provided for under Minnesota
194.32 	Statutes.
194.33 	Subd. 6.[REGISTRAR OF TITLES' FEES.] The fees to be
194.34 	charged by the registrar of titles are in sections 508.82 and
194.35 	508A.82.

194.36 	Sec. 30. [357.182] COUNTY FEES AND RECORDING STANDARDS
195.1 	FOR THE RECORDING OF REAL ESTATE DOCUMENTS.
195.2 		Subdivision 1.Application. Unless otherwise specified
195.3 	in this section and notwithstanding any other law to the
195.4 	contrary, effective August 1, 2005, this section applies to each
195.5 	county in Minnesota.  Documents presented for recording within
195.6 	60 days after the effective date of this section and that are
195.7 	acknowledged, sworn to before a notary, or certified before the
195.8 	effective date of this section must not be rejected for failure
195.9 	to include the new filing fee.
195.10 		Subd. 2.Fee restrictions. Notwithstanding any local law
195.11 	or ordinance to the contrary, no county may charge or collect
195.12 	any fee, special or otherwise, or however described, other than
195.13 	a fee denominated or prescribed by state law, for any service,
195.14 	task, or step performed by any county officer or employee in
195.15 	connection with the receipt, recording, and return of any
195.16 	recordable instrument by the county recorder or registrar of
195.17 	titles, whether received by mail, in person, or by electronic
195.18 	delivery, including, but not limited to, opening mail; handling,
195.19 	transferring, or transporting the instrument; certifying no
195.20 	delinquent property taxes; payment of state deed tax, mortgage
195.21 	registry tax, or conservation fee; recording of approved plats,
195.22 	subdivision splits, or combinations; or any other prerequisites
195.23 	to recording, and returning the instrument by regular mail or in
195.24 	person to the person identified in the instrument for that
195.25 	purpose.
195.26 		Subd. 3.Recording requirements. Each county recorder
195.27 	and registrar of titles shall, within 15 business days after any
195.28 	instrument in recordable form accompanied by payment of
195.29 	applicable fees by customary means is delivered to the county
195.30 	for recording or is otherwise received by the county recorder or
195.31 	registrar of titles for that purpose, record and index the
195.32 	instrument in the manner provided by law and return it by
195.33 	regular mail or in person to the person identified in the
195.34 	instrument for that purpose, if the instrument does not require
195.35 	certification of no-delinquent taxes, payment of state deed tax,
195.36 	mortgage registry tax, or conservation fee.  Each county must
196.1 	establish a policy for the timely handling of instruments that
196.2 	require certification of no-delinquent taxes, payment of state
196.3 	deed tax, mortgage registry tax, or conservation fee and that
196.4 	policy may allow up to an additional five business days at the
196.5 	request of the office or offices responsible to complete the
196.6 	payment and certification process.
196.7 	For calendar years 2009 and 2010, the maximum time allowed
196.8 	for completion of the recording process for documents presented
196.9 	in recordable form will be 15 business days.
196.10 	For calendar year 2011 and thereafter, the maximum time
196.11 	allowed for completion of the recording process for documents
196.12 	presented in recordable form will be ten business days.
196.13 	Instruments recorded electronically must be returned no
196.14 	later than five business days after receipt by the county in a
196.15 	recordable format.
196.16 		Subd. 4.Compliance with recording requirements. For
196.17 	calendar year 2007, a county is in compliance with the recording
196.18 	requirements prescribed by subdivision 3 if at least 60 percent
196.19 	of all recordable instruments described in subdivision 3 and
196.20 	received by the county in that year are recorded and returned
196.21 	within the time limits prescribed in subdivision 3.  In calendar
196.22 	year 2008, at least 70 percent of all recordable instruments
196.23 	must be recorded and returned in compliance with the recording
196.24 	requirements; for calendar year 2009, at least 80 percent of all
196.25 	recordable instruments must be recorded and returned in
196.26 	compliance with the recording requirements; and for calendar
196.27 	year 2010 and later years, at least 90 percent of all recordable
196.28 	instruments must be recorded and returned in compliance with the
196.29 	recording requirements.
196.30 		Subd. 5.Temporary suspension of compliance with
196.31 	recording requirements. Compliance with the requirements of
196.32 	subdivision 4 may be suspended for up to six months when a
196.33 	county undertakes material enhancements to its systems for
196.34 	receipt, handling, paying of deed and mortgage tax and
196.35 	conservation fees, recording, indexing, certification, and
196.36 	return of instruments.  The six-month suspension may be extended
197.1 	for up to an additional six months if a county board finds by
197.2 	resolution that the additional time is necessary because of the
197.3 	difficulties of implementing the enhancement.
197.4 		Subd. 6.Certification of compliance with recording
197.5 	requirements. Effective beginning in 2007 for the 2008 county
197.6 	budget and in each year thereafter, the county recorder and
197.7 	registrar of titles for each county shall file with the county
197.8 	commissioners, as part of their budget request, a report that
197.9 	establishes the status for the previous year of their compliance
197.10 	with the requirements established in subdivision 3.  If the
197.11 	office has not achieved compliance with the recording
197.12 	requirements, the report must include an explanation of the
197.13 	failure to comply, recommendations by the recorder or registrar
197.14 	to cure the noncompliance and to prevent a reoccurrence, and a
197.15 	proposal identifying actions, deadlines, and funding necessary
197.16 	to bring the county into compliance.
197.17 		Subd. 7.Restriction on use of recording
197.18 	fees. Notwithstanding any law to the contrary, for county
197.19 	budgets adopted after January 1, 2006, each county shall
197.20 	segregate the additional unallocated fee authorized by sections
197.21 	357.18, 508.82, and 508A.82 from the application of the
197.22 	provisions of chapters 386, 507, 508, and 508A, in an
197.23 	appropriate account.  This money is available as authorized by
197.24 	the Board of County Commissioners for supporting enhancements to
197.25 	the recording process, including electronic recording, to fund
197.26 	compliance efforts specified in subdivision 5 and for use in
197.27 	undertaking data integration and aggregation projects.  Money
197.28 	remains in the account until expended for any of the authorized
197.29 	purposes set forth in this subdivision.  This money must not be
197.30 	used to supplant the normal operating expenses for the office of
197.31 	county recorder or registrar of titles.

197.32 	Sec. 31. Minnesota Statutes 2004, section 505.08,
197.33 	subdivision 2, is amended to read:
197.34 		Subd. 2.Public certified copies.  The copies of the
197.35 	official plat or of the exact reproducible copy shall be
197.36 	compared and certified to by the county recorder in the manner
198.1 	in which certified copies of records are issued in the
198.2 	recorder's office, and the copy thereof shall be bound in a
198.3 	proper volume for the use of the general public and anyone shall
198.4 	have access to and may inspect such certified copy at their
198.5 	pleasure.  When the plat includes both registered and
198.6 	nonregistered land two copies thereof shall be so certified and
198.7 	bound, one for such general public use in each of the offices of
198.8 	the county recorder and registrar of titles; provided, however,
198.9 	that only one such copy so certified and bound shall be provided
198.10 	for general public use in those counties wherein the office
198.11 	quarters of the county recorder and registrar of titles are one
198.12 	and the same.  When the copy, or any part thereof, shall become
198.13 	unintelligible from use or wear or otherwise, at the request of
198.14 	the county recorder it shall be the duty of the county surveyor
198.15 	to make a reproduction copy of the official plat, or the exact
198.16 	transparent reproducible copy under the direct supervision of
198.17 	the county recorder, who shall compare the copy, certify that it
198.18 	is a correct copy thereof, by proper certificate as above set
198.19 	forth, and it shall be bound in the volume, and under the page,
198.20 	and in the place of the discarded copy.  In counties not having
198.21 	a county surveyor the county recorder shall employ a licensed
198.22 	land surveyor to make such reproduction copy, at the expense of
198.23 	the county.  The county recorder shall receive as a fee for
198.24 	filing these plats, as aforesaid described, 50 cents per lot,
198.25 	but shall receive not less than $30 for any plat filed in the
198.26 	recorder's office pursuant to section 357.18, subdivision 1.
198.27 	Reproductions from the exact transparent reproducible copy shall
198.28 	be available to any person upon request and the cost of such
198.29 	reproductions shall be paid by the person making such request.
198.30 	If a copy of the official plat is requested the county recorder
198.31 	shall prepare it and duly certify that it is a copy of the
198.32 	official plat and the cost of such copy shall be paid by the
198.33 	person making such request.

198.34 	Sec. 32. Minnesota Statutes 2004, section 508.82, is
198.35 	amended to read:
198.36 	508.82  REGISTRAR'S REGISTRAR OF TITLES' FEES.
199.1 		Subdivision 1.Standard documents. The fees to be paid
199.2 	to charged by the registrar of titles shall be as follows and
199.3 	not exceed the following:
199.4 	(1) of the fees provided herein, five percent $1.50 of the
199.5 	fees collected under clauses (3), (5), (11), (13),(4), (10),
199.6 	(12),(14), (16), and (17),for filing or memorializing shall be
199.7 	paid to the commissioner of finance state treasury pursuant to
199.8 	section 508.75and credited to the general fund; plus a $4.50
199.9 	surcharge shall be charged and collected in addition to the
199.10 	total fees charged for each transaction under clauses (2), (3),
199.11 	(5), (11), (13), (14), (16), and (17), with 50 cents of this
199.12 	surcharge to be retained by the county to cover its
199.13 	administrative costs, and $4 to be paid to the state treasury
199.14 	and credited to the general fund;
199.15 	(2) for registering a first certificate of title, including
199.16 	issuing a copy of it, $30 $46.  Pursuant to clause (1),
199.17 	distribution of this fee is as follows:
199.18 	(i) $10.50 shall be paid to the state treasury and credited
199.19 	to the general fund;
199.20 	(ii) $10 shall be deposited in the technology fund pursuant
199.21 	to section 357.18, subdivision 3; and 
199.22 	(iii) $25.50 shall be deposited in the county general fund;
199.23 	(3) for registering each instrument transferring the fee
199.24 	simple title for which a new certificate of title is issued and
199.25 	for the registration of the new certificate of title, including
199.26 	a copy of it, $30 $46.  Pursuant to clause (1), distribution of
199.27 	this fee is as follows:
199.28 	(i) $12 shall be paid to the state treasury and credited to
199.29 	the general fund;
199.30 	(ii) $10 shall be deposited in the technology fund pursuant
199.31 	to section 357.18, subdivision 3; and 
199.32 	(iii) $24 shall be deposited in the county general fund;
199.33 	(4) for issuance of a CECT pursuant to section 508.351,
199.34 	$15;
199.35 	(5) for the entry of each memorial on a
199.36 	certificate, $15 $46.  For multiple certificate entries, $20
200.1 	thereafter.  Pursuant to clause (1), distribution of this fee is
200.2 	as follows:
200.3 	(i) $12 shall be paid to the state treasury and credited to
200.4 	the general fund;
200.5 	(ii) $10 shall be deposited in the technology fund pursuant
200.6 	to section 357.18, subdivision 3;
200.7 	(iii) $24 shall be deposited in the county general fund;
200.8 	and 
200.9 	(iv) $20 shall be deposited in the county general fund for
200.10 	each multiple entry used;
200.11 	(6) (5) for issuing each residue certificate, $20 $40;
200.12 	(7) (6) for exchange certificates, $10 $20 for each
200.13 	certificate canceled and $10 $20 for each new certificate
200.14 	issued;
200.15 	(8) (7) for each certificate showing condition of the
200.16 	register, $10 $50;
200.17 	(9) (8) for any certified copy of any instrument or writing
200.18 	on file or recorded in the registrar's registrar of titles' 
200.19 	office, the same fees allowed by law to county recorders for
200.20 	like services $10;
200.21 	(10) (9) for a noncertified copy of any certificate of
200.22 	title, other than the copies issued under clauses (2) and (3),
200.23 	any instrument or writing on file or recorded in the office of
200.24 	the registrar of titles, or any specified page or part of it, an
200.25 	amount as determined by the county board for each page or
200.26 	fraction of a page specified.  If computer or microfilm printers
200.27 	are used to reproduce the instrument or writing, a like amount
200.28 	per image;
200.29 	(10) for a noncertified copy of any document submitted for
200.30 	recording, if the original document is accompanied by a copy or
200.31 	duplicate original, $2.  Upon receipt of the copy or duplicate
200.32 	original and payment of the fee, a registrar of titles shall
200.33 	return it marked "copy" or "duplicate," showing the recording
200.34 	date and, if available, the document number assigned to the
200.35 	original;
200.36 	(11) for filing two copies of any plat in the office of the
201.1 	registrar, $30 $56.  Pursuant to clause (1), distribution of
201.2 	this fee is as follows:
201.3 	(i) $12 shall be paid to the state treasury and credited to
201.4 	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) $34 shall be deposited in the county general fund;
201.8 	(12)  for any other service under this chapter, such fee as
201.9 	the court shall determine;
201.10 	(13)  for filing an amendment to a declaration in
201.11 	accordance with chapter 515, $10 $46 for each certificate upon
201.12 	which the document is registered and $30 for multiple
201.13 	certificate entries, $20 thereafter; $56 for an amended floor
201.14 	plan filed in accordance with chapter 515;.  Pursuant to clause
201.15 	(1), distribution of this fee is as follows:
201.16 	(i) $12 shall be paid to the state treasury and credited to
201.17 	the general fund;
201.18 	(ii) $10 shall be deposited in the technology fund pursuant
201.19 	to section 357.18, subdivision 3;
201.20 	(iii) $24 shall be deposited in the county general fund for
201.21 	amendment to a declaration;
201.22 	(iv) $20 shall be deposited in the county general fund for
201.23 	each multiple entry used; and 
201.24 	(v) $34 shall be deposited in the county general fund for
201.25 	an amended floor plan;
201.26 	(14) for issuance of a CECT pursuant to section 508.351,
201.27 	$40;
201.28 	(14) (15) for filing an amendment to a common interest
201.29 	community declaration and plat or amendment complying with
201.30 	section 515B.2-110, subsection (c), $10 $46 for each certificate
201.31 	upon which the document is registered and $30 for multiple
201.32 	certificate entries, $20 thereafter and $56 for the filing of
201.33 	the condominium or common interest community plat or amendment.
201.34 	Pursuant to clause (1), distribution of this fee is as follows:
201.35 	(i) $12 shall be paid to the state treasury and credited to
201.36 	the general fund;
202.1 	(ii) $10 shall be deposited in the technology fund pursuant
202.2 	to section 357.18, subdivision 3;
202.3 	(iii) $24 shall be deposited in the county general fund for
202.4 	the filing of an amendment complying with section 515B.2-110,
202.5 	subsection (c);
202.6 	(iv) $20 shall be deposited in the county general fund for
202.7 	each multiple entry used; and 
202.8 	(v) $34 shall be deposited in the county general fund for
202.9 	the filing of a condominium or CIC plat or amendment;
202.10 	(15) (16) for a copy of a condominium floor plan filed in
202.11 	accordance with chapter 515, or a copy of a common interest
202.12 	community plat complying with section 515B.2-110, subsection
202.13 	(c), the fee shall be $1 for each page of the floor plan or
202.14 	common interest community plat with a minimum fee of $10;
202.15 	(16) (17) for the filing of a certified copy of a plat of
202.16 	the survey pursuant to section 508.23 or 508.671, $10 $46.
202.17 	Pursuant to clause (1), distribution of this fee is as follows:
202.18 	(i) $12 shall be paid to the state treasury and credited to
202.19 	the general fund;
202.20 	(ii) $10 shall be deposited in the technology fund pursuant
202.21 	to section 357.18, subdivision 3; and 
202.22 	(iii) $24 shall be deposited in the county general fund;
202.23 	(17) (18) for filing a registered land survey in triplicate
202.24 	in accordance with section 508.47, subdivision 4, $30 $56.
202.25 	Pursuant to clause (1), distribution of this fee is as follows:
202.26 	(i) $12 shall be paid to the state treasury and credited to
202.27 	the general fund;
202.28 	(ii) $10 shall be deposited in the technology fund pursuant
202.29 	to section 357.18, subdivision 3; and 
202.30 	(iii) $34 shall be deposited in the county general fund;
202.31 	and
202.32 	(18) (19) for furnishing a certified copy of a registered
202.33 	land survey in accordance with section 508.47, subdivision
202.34 	4, $10 $15.
202.35 	Subd. 1a.[FEES FOR RECORDING INSTRUMENTS WITH REGISTRAR
202.36 	OF TITLES' OFFICE.] Notwithstanding the provisions of any
203.1 	general or special law to the contrary, and pursuant to section
203.2 	357.182, the established fees pursuant to subdivision 1 shall be
203.3 	the fee charged in all counties for the specified service, other
203.4 	than Uniform Commercial Code documents and documents filed or
203.5 	recorded pursuant to sections 270.69, subdivision 2, paragraph
203.6 	(c); 272.481 to 272.488; 277.20; and 386.77.
203.7 		Subd. 2.Variance from standards. A document that does
203.8 	not should conform to the standards in section 507.093,
203.9 	paragraph (a), shall not be filed except upon payment of an
203.10 	additional fee of $10 per document but should not be rejected
203.11 	unless the document is not legible or cannot be archived.  This
203.12 	subdivision applies only to documents dated after July 31, 1997,
203.13 	and does not apply to Minnesota uniform conveyancing
203.14 	blanks contained in the book of forms on file in the office of
203.15 	the commissioner of commerce provided for under section 507.09,
203.16 	certified copies, or any other form provided for under Minnesota
203.17 	Statutes.

203.18 	Sec. 33. Minnesota Statutes 2004, section 508A.82, is
203.19 	amended to read:
203.20 	508A.82  REGISTRAR'S REGISTRAR OF TITLES' FEES.
203.21 		Subdivision 1.Standard documents. The fees to be paid
203.22 	to charged by the registrar of titles shall be as follows and
203.23 	not exceed the following:
203.24 	(1) of the fees provided herein, five percent $1.50 of the
203.25 	fees collected under clauses (3), (5), (11), (13), (14) (15),
203.26 	and (17),(18) for filing or memorializing shall be paid to the
203.27 	commissioner of finance state treasury pursuant to section
203.28 	508.75 and credited to the general fund; plus a $4.50 surcharge
203.29 	shall be charged and collected in addition to the total fees
203.30 	charged for each transaction under clauses (2), (3), (5), (11),
203.31 	(13), (14), and (17), with 50 cents of this surcharge to be
203.32 	retained by the county to cover its administrative costs, and $4
203.33 	to be paid to the state treasury and credited to the general
203.34 	fund;
203.35 	(2) for registering a first CPT, including issuing a copy
203.36 	of it, $30;$46.  Pursuant to clause (1), distribution of the
204.1 	fee is as follows:
204.2 	(i) $10.50 shall be paid to the state treasury and credited
204.3 	to the general fund;
204.4 	(ii) $10 shall be deposited in the technology fund pursuant
204.5 	to section 357.18, subdivision 3; and 
204.6 	(iii) $25.50 shall be deposited in the county general fund;
204.7 	(3) for registering each instrument transferring the fee
204.8 	simple title for which a new CPT is issued and for the
204.9 	registration of the new CPT, including a copy of it, $30;$46.
204.10 	Pursuant to clause (1), distribution of the fee is as follows:
204.11 	(i) $12 shall be paid to the state treasury and credited to
204.12 	the general fund;
204.13 	(ii) $10 shall be deposited in the technology fund pursuant
204.14 	to section 357.18, subdivision 3; and 
204.15 	(iii) $24 shall be deposited in the county general fund;
204.16 	(4) for issuance of a CECT pursuant to section 508A.351,
204.17 	$15;
204.18 	(5) for the entry of each memorial on a CPT, $15;$46; for
204.19 	multiple certificate entries, $20 thereafter.  Pursuant to
204.20 	clause (1), distribution of the fee is as follows:
204.21 	(i) $12 shall be paid to the state treasury and credited to
204.22 	the general fund;
204.23 	(ii) $10 shall be deposited in the technology fund pursuant
204.24 	to section 357.18, subdivision 3;
204.25 	(iii) $24 shall be deposited in the county general fund;
204.26 	and 
204.27 	(iv) $20 shall be deposited in the county general fund for
204.28 	each multiple entry used;
204.29 	(6) for issuing each residue CPT, $20 $40;
204.30 	(7) for exchange CPTs or combined certificates of title,
204.31 	$10 $20 for each CPT and certificate of title canceled and
204.32 	$10 $20 for each new CPT or combined certificate of title
204.33 	issued;
204.34 	(8) for each CPT showing condition of the
204.35 	register, $10 $50;
204.36 	(9) for any certified copy of any instrument or writing on
205.1 	file or recorded in the registrar's registrar of titles' office,
205.2 	the same fees allowed by law to county recorders for like
205.3 	services $10;
205.4 	(10) for a noncertified copy of any CPT, other than the
205.5 	copies issued under clauses (2) and (3), any instrument or
205.6 	writing on file or recorded in the office of the registrar of
205.7 	titles, or any specified page or part of it, an amount as
205.8 	determined by the county board for each page or fraction of a
205.9 	page specified.  If computer or microfilm printers are used to
205.10 	reproduce the instrument or writing, a like amount per image;
205.11 	(11) for a noncertified copy of any document submitted for
205.12 	recording, if the original document is accompanied by a copy or
205.13 	duplicate original, $2.  Upon receipt of the copy or duplicate
205.14 	original and payment of the fee, a registrar of titles shall
205.15 	return it marked "copy" or "duplicate," showing the recording
205.16 	date and, if available, the document number assigned to the
205.17 	original;
205.18 	(12) for filing two copies of any plat in the office of the
205.19 	registrar, $30;$56.  Pursuant to clause (1), distribution of
205.20 	the fee is as follows:
205.21 	(i) $12 shall be paid to the state treasury and credited to
205.22 	the general fund;
205.23 	(ii) $10 shall be deposited in the technology fund pursuant
205.24 	to section 357.18, subdivision 3; and 
205.25 	(iii) $34 shall be deposited in the county general fund;
205.26 	(12) (13) for any other service under sections 508A.01 to
205.27 	508A.85, the fee the court shall determine;
205.28 	(13) (14) for filing an amendment to a declaration in
205.29 	accordance with chapter 515, $10 $46 for each certificate upon
205.30 	which the document is registered and $30 for multiple
205.31 	certificate entries, $20 thereafter; $56 for an amended floor
205.32 	plan filed in accordance with chapter 515;.  Pursuant to clause
205.33 	(1), distribution of the fee is as follows:
205.34 	(i) $12 shall be paid to the state treasury and credited to
205.35 	the general fund;
205.36 	(ii) $10 shall be deposited in the technology fund pursuant
206.1 	to section 357.18, subdivision 3;
206.2 	(iii) $24 shall be deposited in the county general fund for
206.3 	amendment to a declaration;
206.4 	(iv) $20 shall be deposited in the county general fund for
206.5 	each multiple entry used; and 
206.6 	(v) $34 shall be deposited in the county general fund for
206.7 	an amended floor plan;
206.8 	(14) (15) for issuance of a CECT pursuant to section
206.9 	508.351, $40;
206.10 	(16) for filing an amendment to a common interest community
206.11 	declaration and plat or amendment complying with section
206.12 	515B.2-110, subsection (c), and issuing a CECT if
206.13 	required, $10 $46 for each certificate upon which the document
206.14 	is registered and $30 for multiple certificate entries, $20
206.15 	thereafter; $56 for the filing of the condominium or common
206.16 	interest community plat or amendment;.  Pursuant to clause (1),
206.17 	distribution of the fee is as follows:
206.18 	(i) $12 shall be paid to the state treasury and credited to
206.19 	the general fund;
206.20 	(ii) $10 shall be deposited in the technology fund pursuant
206.21 	to section 357.18, subdivision 3;
206.22 	(iii) $24 shall be deposited in the county general fund for
206.23 	the filing of an amendment complying with section 515B.2-110,
206.24 	subsection (c);
206.25 	(iv) $20 shall be deposited in the county general fund for
206.26 	each multiple entry used; and 
206.27 	(v) $34 shall be deposited in the county general fund for
206.28 	the filing of a condominium or CIC plat or amendment;
206.29 	(15) (17) for a copy of a condominium floor plan filed in
206.30 	accordance with chapter 515, or a copy of a common interest
206.31 	community plat complying with section 515B.2-110, subsection
206.32 	(c), the fee shall be $1 for each page of the floor plan, or
206.33 	common interest community plat with a minimum fee of $10;
206.34 	(16) (18) in counties in which the compensation of the
206.35 	examiner of titles is paid in the same manner as the
206.36 	compensation of other county employees, for each parcel of land
207.1 	contained in the application for a CPT, as the number of parcels
207.2 	is determined by the examiner, a fee which is reasonable and
207.3 	which reflects the actual cost to the county, established by the
207.4 	board of county commissioners of the county in which the land is
207.5 	located;
207.6 	(17) (19) for filing a registered land survey in triplicate
207.7 	in accordance with section 508A.47, subdivision 4, $30; and $56.
207.8 	Pursuant to clause (1), distribution of the fee is as follows:
207.9 	(i) $12 shall be paid to the state treasury and credited to
207.10 	the general fund;
207.11 	(ii) $10 shall be deposited in the technology fund pursuant
207.12 	to section 357.18, subdivision 3; and 
207.13 	(iii) $34 shall be deposited in the county general fund;
207.14 	and 
207.15 	(18) (20) for furnishing a certified copy of a registered
207.16 	land survey in accordance with section 508A.47, subdivision
207.17 	4, $10 $15.
207.18 		Subd. 1a.Fees to record instruments with registrar of
207.19 	titles. Notwithstanding any special law to the contrary, and
207.20 	pursuant to section 357.182, the established fees pursuant to
207.21 	subdivision 1 shall be the fee charged in all counties for the
207.22 	specified service, other than Uniform Commercial Code documents,
207.23 	and documents filed or recorded pursuant to sections 270.69,
207.24 	subdivision 2, paragraph (c); 272.481 to 272.488; 277.20; and
207.25 	386.77.
207.26 		Subd. 2.Variance from standards. A document that does
207.27 	not should conform to the standards in section 507.093,
207.28 	paragraph (a), shall not be filed except upon payment of an
207.29 	additional fee of $10 per document but should not be rejected
207.30 	unless the document is not legible or cannot be archived.  This
207.31 	subdivision applies only to documents dated after July 31, 1997,
207.32 	and does not apply to Minnesota uniform conveyancing
207.33 	blanks contained in the book of forms on file in the office of
207.34 	the commissioner of commerce provided for under section 507.09,
207.35 	certified copies, or any other form provided for under Minnesota
207.36 	Statutes.

208.1 	Sec. 34. Minnesota Statutes 2004, section 515B.1-116, is
208.2 	amended to read:
208.3 	515B.1-116 RECORDING.
208.4 	(a) A declaration, bylaws, any amendment to a declaration
208.5 	or bylaws, and any other instrument affecting a common interest
208.6 	community shall be entitled to be recorded.  In those counties
208.7 	which have a tract index, the county recorder shall enter the
208.8 	declaration in the tract index for each unit affected.  The
208.9 	registrar of titles shall file the declaration in accordance
208.10 	with section 508.351 or 508A.351.
208.11 	(b) The recording officer shall upon request promptly
208.12 	assign a number (CIC number) to a common interest community to
208.13 	be formed or to a common interest community resulting from the
208.14 	merger of two or more common interest communities.
208.15 	(c) Documents recorded pursuant to this chapter shall in
208.16 	the case of registered land be filed, and references to the
208.17 	recording of documents shall mean filed in the case of
208.18 	registered land.
208.19 	(d) Subject to any specific requirements of this chapter,
208.20 	if a recorded document relating to a common interest community
208.21 	purports to require a certain vote or signatures approving any
208.22 	restatement or amendment of the document by a certain number or
208.23 	percentage of unit owners or secured parties, and if the
208.24 	amendment or restatement is to be recorded pursuant to this
208.25 	chapter, an affidavit of the president or secretary of the
208.26 	association stating that the required vote or signatures have
208.27 	been obtained shall be attached to the document to be recorded
208.28 	and shall constitute prima facie evidence of the representations
208.29 	contained therein.
208.30 	(e) If a common interest community is located on registered
208.31 	land, the recording fee for any document affecting two or more
208.32 	units shall be the then-current fee for registering the document
208.33 	on the certificates of title for the first ten affected
208.34 	certificates and one-third of the then-current fee for each
208.35 	additional affected certificate $40 for the first ten affected
208.36 	certificates and $10 for each additional affected certificate.
209.1 	This provision shall not apply to recording fees for deeds of
209.2 	conveyance, with the exception of deeds given pursuant to
209.3 	sections 515B.2-119 and 515B.3-112.
209.4 	(f) Except as permitted under this subsection, a recording
209.5 	officer shall not file or record a declaration creating a new
209.6 	common interest community, unless the county treasurer has
209.7 	certified that the property taxes payable in the current year
209.8 	for the real estate included in the proposed common interest
209.9 	community have been paid.  This certification is in addition to
209.10 	the certification for delinquent taxes required by section
209.11 	272.12.  In the case of preexisting common interest communities,
209.12 	the recording officer shall accept, file, and record the
209.13 	following instruments, without requiring a certification as to
209.14 	the current or delinquent taxes on any of the units in the
209.15 	common interest community:  (i) a declaration subjecting the
209.16 	common interest community to this chapter; (ii) a declaration
209.17 	changing the form of a common interest community pursuant to
209.18 	section 515B.2-123; or (iii) an amendment to or restatement of
209.19 	the declaration, bylaws, or CIC plat.  In order for an
209.20 	instrument to be accepted and recorded under the preceding
209.21 	sentence, the instrument must not create or change unit or
209.22 	common area boundaries.

209.23 	Sec. 35. Minnesota Statutes 2004, section 604.15,
209.24 	subdivision 2, is amended to read:
209.25 		Subd. 2.Acts constituting.  (a) The owner of a vehicle
209.26 	that receives motor fuel that was not paid for is liable to the
209.27 	retailer for the price of the motor fuel received and a service
209.28 	charge of up to $20, or the actual costs of collection not to
209.29 	exceed $30.  This charge may be imposed immediately upon the
209.30 	mailing of the notice under subdivision 3, if notice of the
209.31 	service charge was conspicuously displayed on the premises from
209.32 	which the motor fuel was received.  The notice must include a
209.33 	statement that additional civil penalties will be imposed if
209.34 	payment is not received within 30 days.  Only one service charge
209.35 	may be imposed under this paragraph for each incident. If a law
209.36 	enforcement agency obtains payment for the motor fuel on behalf
210.1 	of the retailer, the service charge may be retained by the law
210.2 	enforcement agency for its expenses.
210.3 	(b) If the price of the motor fuel received is not paid
210.4 	within 30 days after the retailer has mailed notice under
210.5 	subdivision 3, the owner is liable to the retailer for the price
210.6 	of the motor fuel received, the service charge as provided in
210.7 	paragraph (a), plus a civil penalty not to exceed $100 or the
210.8 	price of the motor fuel, whichever is greater. In determining
210.9 	the amount of the penalty, the court shall consider the amount
210.10 	of the fuel taken and the reason for the nonpayment.  The
210.11 	retailer shall also be entitled to:
210.12 	(1) interest at the legal rate for judgments under section
210.13 	549.09 from the date of nonpayment; and 
210.14 	(2) reasonable attorney fees, but not to exceed $500.
210.15 	The civil penalty may not be imposed until 30 days after
210.16 	the mailing of the notice under subdivision 3.
210.17 	
EFFECTIVE DATE. This section is effective July 1, 2005,
210.18 	and applies to acts committed on or after that date.

210.19 	Sec. 36. Minnesota Statutes 2004, section 604.15, is
210.20 	amended by adding a subdivision to read:
210.21 		Subd. 5.Not a bar to criminal liability. Civil
210.22 	liability under this section does not preclude criminal
210.23 	liability under applicable law.
210.24 	
EFFECTIVE DATE. This section is effective the day
210.25 	following final enactment.

210.26 	Sec. 37. HOMELESSNESS PILOT PROJECTS; GRANTS.
 210.27 		Subdivision 1.Grants. The commissioner of public
210.28 	safety, in consultation with the director of ending long-term
210.29 	homelessness, the Ending Long-Term Homelessness Advisory
210.30 	Council, and the Department of Human Services Office of Economic
210.31 	Opportunity, shall award grants for homeless outreach and to
210.32 	provide a bridge to stable housing and services.  The
210.33 	commissioner shall award grants to qualified applicants in
210.34 	Hennepin County, Ramsey County, and one county outside the
210.35 	seven-county metropolitan area.  An entity outside the
210.36 	seven-county metropolitan area receiving a grant under this
211.1 	section shall provide a 25 percent match.  An entity within the
211.2 	seven-county metropolitan area receiving a grant under this
211.3 	section shall provide a 50 percent match.  Grants must be used
211.4 	for homelessness pilot projects of a two-year duration that
211.5 	reduce recidivism and promote stronger communities through
211.6 	street and shelter outreach to connect people experiencing
211.7 	homelessness to housing and services.
211.8 		Subd. 2.Applications. An applicant for a grant under
211.9 	subdivision 1 must establish that:
211.10 	(1) the applicant is experienced in homeless outreach
211.11 	services and will have staff qualified to work with people with
211.12 	serious mental illness, chemical dependency, and other factors
211.13 	contributing to homelessness;
211.14 	(2) the applicant employs outreach staff who are trained
211.15 	and qualified to work with racially and culturally diverse
211.16 	populations;
211.17 	(3) outreach services will be targeted to, but not limited
211.18 	to, people experiencing long-term homelessness, and people who
211.19 	have had repeated interactions with law enforcement;
211.20 	(4) outreach services will provide intervention strategies
211.21 	linking people to housing and services as an alternative to
211.22 	arrest;
211.23 	(5) the applicant has a plan to connect people experiencing
211.24 	homelessness to services for which they may be eligible such as
211.25 	supplemental security income, veterans benefits, health care,
211.26 	housing assistance, and long-term support programs for those
211.27 	with serious mental illness;
211.28 	(6) the applicant's project will promote community
211.29 	collaboration with local law enforcement, local and county
211.30 	governments, social services providers, mental health crisis
211.31 	providers, and other community organizations to address
211.32 	homelessness;
211.33 	(7) the applicant has a plan to leverage resources from the
211.34 	entities listed in clause (6) and other private sources to
211.35 	accomplish the goal of moving people into housing and services;
211.36 	and 
212.1 	(8) the applicant has a plan for evaluation of the
212.2 	applicant's pilot project that is designed to measure the
212.3 	program's effectiveness in connecting people experiencing
212.4 	homelessness to housing and services and reducing the use of
212.5 	public safety and corrections resources.
212.6 		Subd. 3.Annual report. Grant recipients shall report to
212.7 	the commissioner by June 30, 2006, and June 30, 2007, on the
212.8 	services provided, expenditures of grant money, and an
212.9 	evaluation of the program's success in:  (1) connecting
212.10 	individuals experiencing homelessness to housing and services;
212.11 	and (2) reducing the use of public safety and corrections
212.12 	resources.  The commissioner shall submit reports to the chairs
212.13 	and ranking minority members of the house of representatives and
212.14 	senate committees having jurisdiction over public safety and
212.15 	health and human services by November 1, 2006, and November 1,
212.16 	2007.  The commissioner's reports must explain how the grant
212.17 	proceeds were used and evaluate the effectiveness of the pilot
212.18 	projects funded by the grants.
212.19 	
EFFECTIVE DATE. This section is effective July 1, 2005.

212.20 	Sec. 38. SPECIAL REVENUE SPENDING AUTHORIZATION FROM
212.21 	CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.
 212.22 	Remaining balances in the special revenue fund from
212.23 	spending authorized by Laws 2001, First Special Session chapter
212.24 	8, article 7, section 14, subdivision 1, for which spending
212.25 	authorization ended June 30, 2003, under Laws 2001, First
212.26 	Special Session chapter 8, article 7, section 14, subdivision 3,
212.27 	are transferred to the general fund.

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

212.29 	Sec. 39. MCF-FARIBAULT DEDICATION OF SPACE.
 212.30 	While planning, designing, and constructing new facilities
212.31 	on the campus of the Minnesota Correctional Facility in
212.32 	Faribault, the commissioner of corrections shall designate a
212.33 	space on the campus sufficient in size to build one additional
212.34 	prison building.  This space must be preserved and designated
212.35 	for the benefit of Rice County for the future construction of a
212.36 	county correctional facility.

213.1 	EFFECTIVE DATE. This section is effective the day
213.2 	following final enactment and expires on July 1, 2015.

213.3 	Sec. 40. ST. LOUIS COUNTY; EXAMINER OF TITLES.
 213.4 	Notwithstanding Minnesota Statutes, section 508.12, if the
213.5 	St. Louis County examiner of titles or deputy examiner of titles
213.6 	is an included employee as defined in Minnesota Statutes,
213.7 	section 353.01, subdivision 2a, then the examiner of titles or
213.8 	deputy examiner is a St. Louis County employee and shall be
213.9 	subject to the county personnel and compensation policies
213.10 	generally applied to all county employees, except that selection
213.11 	and termination of the examiner of titles and deputy examiners
213.12 	of titles may only be with the concurrence of the judges of the
213.13 	district court within St. Louis County.

213.14 	Sec. 41. REPEALER.
 213.15 	(a) Minnesota Statutes 2004, sections 299A.68; and 299C.65,
213.16 	subdivisions 3, 4, 6, 7, 8, 8a, and 9, are repealed.
213.17 	(b) Minnesota Statutes 2004, section 386.30, is repealed.

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