1.1 	A bill for an act
1.2 	relating to state government; providing certain general criminal and sentencing 
1.3 	provisions; regulating controlled substances, DWI, and driving provisions; 
1.4 	modifying or establishing various provisions relating to public safety; 
1.5 	regulating corrections, the courts, and emergency communications; regulating 
1.6 	coroners and medical examiners; providing for electronic notarizations; 
1.7 	regulating fraudulent or improper financing statements; regulating computer 
1.8 	crimes; providing penalties;amending Minnesota Statutes 2004, sections 
1.9 	13.82, by adding a subdivision; 13.84, subdivisions 1, 2; 13.87, by adding a 
1.10 	subdivision; 16D.04, subdivision 2; 43A.08, subdivision 1; 48A.10, subdivision 
1.11 	3; 144.445, subdivision 1; 144.7401, by adding a subdivision; 155A.07, by 
1.12 	adding a subdivision; 169.13; 169A.20, subdivision 1; 169A.24, subdivision 
1.13 	1; 169A.28, subdivision 1; 169A.45, subdivision 1; 169A.51, subdivisions 
1.14 	1, 2, 4, 7; 169A.52, subdivision 2; 169A.60, subdivisions 2, 4; 181.973; 
1.15 	219.97, subdivision 13; 237.49; 241.016, subdivision 1; 253B.02, subdivision 
1.16 	2; 299E.01, subdivision 2; 299F.011, subdivision 5; 346.09, subdivision 1; 
1.17 	346.155, subdivisions 1, 4, 5, 10, by adding a subdivision; 347.04; 358.41; 
1.18 	358.42; 358.47; 358.50; 359.01, by adding a subdivision; 359.03, subdivision 
1.19 	3, by adding a subdivision; 359.04; 359.05; 359.085; 375A.13, subdivision 1; 
1.20 	383B.65, subdivision 2; 390.005; 390.01; 390.04; 390.11; 390.111; 390.15; 
1.21 	390.20; 390.21; 390.221; 390.23; 390.25; 390.33, subdivision 2; 403.02, by 
1.22 	adding a subdivision; 403.08, subdivision 7; 403.11, subdivisions 3b, 3c; 
1.23 	403.113, subdivision 3; 403.21, subdivisions 2, 7, 9; 403.33; 403.34; 403.36, 
1.24 	subdivision 1f; 480.181, subdivisions 1, 2; 480.182; 484.01, subdivision 1; 
1.25 	484.011; 484.012; 484.45; 484.54, subdivision 3; 484.545, subdivision 1; 
1.26 	484.64, subdivision 3; 484.65, subdivision 3; 484.68, subdivision 1; 484.702, 
1.27 	subdivision 5; 485.018, subdivision 5; 485.021; 485.11; 517.041; 518.157, 
1.28 	subdivision 2; 518B.01, subdivision 14, by adding a subdivision; 525.9214; 
1.29 	546.27, subdivision 2; 609.101, subdivision 4; 609.102, subdivision 2; 609.11, 
1.30 	subdivision 7; 609.153, subdivision 1; 609.2231, subdivision 6; 609.224, 
1.31 	subdivisions 2, 4; 609.2242, subdivisions 2, 4; 609.495, by adding a subdivision; 
1.32 	609.748, subdivision 6; 609.749, subdivision 4; 609.87, subdivisions 1, 11, by 
1.33 	adding subdivisions; 609.891, subdivisions 1, 3; 611A.0315; 617.246, by adding 
1.34 	a subdivision; 617.247, by adding a subdivision; 624.22, subdivision 8; 626.77, 
1.35 	subdivision 3; 629.74; 631.425, subdivision 3; 641.25; Minnesota Statutes 2005 
1.36 	Supplement, sections 169A.52, subdivision 4; 169A.53, subdivision 3; 171.05, 
1.37 	subdivision 2b; 171.055, subdivision 2; 171.18, subdivision 1; 241.06, by 
1.38 	adding a subdivision; 243.166, subdivisions 1b, 4, 4b, 6; 244.052, subdivision 4; 
2.1 	244.055, subdivisions 10, 11; 244.10, subdivisions 5, 6, 7; 270C.545; 299C.40, 
2.2 	subdivision 1; 299C.405; 299C.65, subdivision 2; 390.05; 403.025, subdivision 
2.3 	7; 403.05, subdivision 3; 403.11, subdivisions 1, 3, 3a; 403.113, subdivision 
2.4 	1; 403.21, subdivision 8; 403.36, subdivision 1; 485.01; 485.03; 485.05; 
2.5 	518B.01, subdivision 22; 609.02, subdivision 16; 609.282; 609.283; 609.3455, 
2.6 	subdivisions 4, 8, by adding a subdivision; 609.485, subdivisions 2, 4;  Laws 
2.7 	2002, chapter 266, section 1, as amended; Laws 2005, chapter 136, article 
2.8 	1, section 13, subdivision 3; article 16, sections 3; 4; 5; 6; proposing coding 
2.9 	for new law in Minnesota Statutes, chapters 4; 241; 299A; 299C; 299F; 340A; 
2.10 	390; 484; 545; 604; 609; repealing Minnesota Statutes 2004, sections 169A.41, 
2.11 	subdivision 4; 383A.36; 383B.225, subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 
2.12 	13; 390.006; 390.06; 390.07; 390.16; 390.17; 390.19; 390.20; 390.24; 390.36; 
2.13 	403.08, subdivision 8; 403.22; 403.23; 403.24; 403.25; 403.26; 403.28; 403.29, 
2.14 	subdivisions 1, 2, 3; 403.30, subdivisions 2, 4; 403.35; 484.013, subdivision 8; 
2.15 	484.545, subdivisions 2, 3; 484.55; 484.68, subdivision 7; 484.75; 485.018, 
2.16 	subdivisions 2, 6, 8; 485.12; 487.01; 487.02; 487.03; 487.04; 487.07; 487.10; 
2.17 	487.11; 487.13; 487.14; 487.15; 487.16; 487.17; 487.18; 487.19; 487.191; 
2.18 	487.20; 487.21; 487.23; 487.24; 487.25; 487.26; 487.27; 487.28; 487.29; 487.31; 
2.19 	487.32; 487.33; 487.34; 487.36; 487.37; 487.38; 487.40; 488A.01; 488A.021; 
2.20 	488A.025; 488A.03; 488A.035; 488A.04; 488A.08; 488A.09; 488A.10; 
2.21 	488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; 
2.22 	488A.18; 488A.19; 488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27; 
2.23 	488A.28; 488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 
2.24 	525.013; 525.014; 525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 
2.25 	525.07; 525.08; 525.081; 525.082; 525.09; 609.108, subdivision 5; 609.109, 
2.26 	subdivisions 1, 3; 625.09; Minnesota Statutes 2005 Supplement, sections 
2.27 	353.027; 383B.225, subdivision 5; 485.03; 609.108, subdivisions 1, 3, 4, 6, 7; 
2.28 	609.109, subdivisions 2, 4, 5, 6.
2.29 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.30 	ARTICLE 1
2.31 	GENERAL CRIMINAL AND SENTENCING PROVISIONS

2.32 	Section 1. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 5, is 
2.33 	amended to read:
2.34 		Subd. 5.Procedures in cases where state intends to seek an aggravated 
2.35 	departure. (a) When the prosecutor provides reasonable notice under subdivision 4, the 
2.36 	district court shall allow the state to prove beyond a reasonable doubt to a jury of 12 
2.37 	members the factors in support of the state's request for an aggravated departure from 
2.38 	the Sentencing Guidelines or the state's request for an aggravated sentence under any 
2.39 	sentencing enhancement statute or the state's request for a mandatory minimum under 
2.40 	section 609.11 as provided in paragraph (b) or (c).
2.41 	(b) The district court shall allow a unitary trial and final argument to a jury regarding 
2.42 	both evidence in support of the elements of the offense and evidence in support of 
2.43 	aggravating factors when the evidence in support of the aggravating factors:
2.44 	(1) would be admissible as part of the trial on the elements of the offense; or
2.45 	(2) would not result in unfair prejudice to the defendant.
3.1 	The existence of each aggravating factor shall be determined by use of a special 
3.2 	verdict form.
3.3 	Upon the request of the prosecutor, the court shall allow bifurcated argument and 
3.4 	jury deliberations.
3.5 	(c) The district court shall bifurcate the proceedings, or impanel a resentencing jury, 
3.6 	to allow for the production of evidence, argument, and deliberations on the existence of 
3.7 	factors in support of an aggravated departure after the return of a guilty verdict when the 
3.8 	evidence in support of an aggravated departure:
3.9 	(1) includes evidence that is otherwise inadmissible at a trial on the elements of 
3.10 	the offense; and
3.11 	(2) would result in unfair prejudice to the defendant.

3.12 	EFFECTIVE DATE. This section is effective the day following final enactment 
3.13 	and applies to sentencing hearings, resentencing hearings, and sentencing departures 
3.14 	sought on or after that date. 

3.15 	Sec. 2. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 6, is 
3.16 	amended to read:
3.17 		Subd. 6.Defendants to present evidence and argument. In either a unitary or 
3.18 	bifurcated trial under subdivision 5, a defendant shall be allowed to present evidence 
3.19 	and argument to the jury or factfinder regarding whether facts exist that would justify 
3.20 	an aggravated durational departure or an aggravated sentence under any sentencing 
3.21 	enhancement statute or a mandatory minimum sentence under section 609.11. A defendant 
3.22 	is not allowed to present evidence or argument to the jury or factfinder regarding facts in 
3.23 	support of a mitigated departure during the trial, but may present evidence and argument 
3.24 	in support of a mitigated departure to the judge as factfinder during a sentencing hearing.

3.25 	EFFECTIVE DATE. This section is effective the day following final enactment 
3.26 	and applies to sentencing hearings, resentencing hearings, and sentencing departures 
3.27 	sought on or after that date.

3.28 	Sec. 3. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 7, is 
3.29 	amended to read:
3.30 		Subd. 7.Waiver of jury determination. The defendant may waive the right to a 
3.31 	jury determination of whether facts exist that would justify an aggravated sentence. Upon 
3.32 	receipt of a waiver of a jury trial on this issue, the district court shall determine beyond 
3.33 	a reasonable doubt whether the factors in support of the state's motion for aggravated 
4.1 	departure or an aggravated sentence under any sentencing enhancement statute or a 
4.2 	mandatory minimum sentence under section 609.11 exist.

4.3 	EFFECTIVE DATE. This section is effective the day following final enactment 
4.4 	and applies to sentencing hearings, resentencing hearings, and sentencing departures 
4.5 	sought on or after that date.

4.6 	Sec. 4. [340A.706] ALCOHOL WITHOUT LIQUID DEVICES PROHIBITED.
4.7 		Subdivision 1.Definition. For purposes of this section, an "alcohol without liquid 
4.8 	device" is a device, machine, apparatus, or appliance that mixes an alcoholic beverage 
4.9 	with pure or diluted oxygen to produce an alcohol vapor that may be inhaled by an 
4.10 	individual. An "alcohol without liquid device" does not include an inhaler, nebulizer, 
4.11 	atomizer, or other device that is designed and intended specifically for medical purposes 
4.12 	to dispense prescribed or over-the-counter medications.
4.13 		Subd. 2.Prohibition. Except as provided in subdivision 3, it is unlawful for any 
4.14 	person or business establishment to possess, purchase, sell, offer to sell, or use an alcohol 
4.15 	without liquid device.
4.16 		Subd. 3.Research exemption. This section does not apply to a hospital that 
4.17 	operates primarily for the purpose of conducting scientific research, a state institution 
4.18 	conducting bona fide research, a private college or university conducting bona fide 
4.19 	research, or a pharmaceutical company or biotechnology company conducting bona fide 
4.20 	research.
4.21 		Subd. 4.Penalty. Except as provided in subdivision 3, it is unlawful for any person 
4.22 	or business establishment to utilize a nebulizer, inhaler, or atomizer or other device as 
4.23 	described in subdivision 1, for the purposes of inhaling alcoholic beverages.

4.24 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
4.25 	violations committed on or after that date. 

4.26 	Sec. 5. Minnesota Statutes 2004, section 346.155, subdivision 1, is amended to read:
4.27 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
4.28 	section.
4.29 	(b) "Person" means any natural person, firm, partnership, corporation, or association, 
4.30 	however organized.
4.31 	(c) "Wildlife sanctuary" means a 501(c)(3) nonprofit organization that:
4.32 	(1) operates a place of refuge where abused, neglected, unwanted, impounded, 
4.33 	abandoned, orphaned, or displaced wildlife are provided care for their lifetime;
5.1 	(2) does not conduct any commercial activity with respect to any animal of which 
5.2 	the organization is an owner; and
5.3 	(3) does not buy, sell, trade, auction, lease, loan, or breed any animal of which the 
5.4 	organization is an owner, except as an integral part of the species survival plan of the 
5.5 	American Zoo and Aquarium Association.
5.6 	(d) "Possess" means to own, care for, have custody of, or control.
5.7 	(e) "Regulated animal" means:
5.8 	(1) all members of the Felidae family including, but not limited to, lions, tigers, 
5.9 	cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats 
5.10 	recognized as a domestic breed, registered as a domestic breed, and shown as a domestic 
5.11 	breed by a national or international multibreed cat registry association;
5.12 	(2) bears; and
5.13 	(3) all nonhuman primates, including, but not limited to, lemurs, monkeys, 
5.14 	chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.
5.15 	Regulated animal includes any hybrid or cross between an animal listed in clause 
5.16 	(1), (2), or (3) and a domestic animal and offspring from all subsequent generations of 
5.17 	those crosses or hybrids.
5.18 	(f) "Local animal control authority" means an agency of the state, county, 
5.19 	municipality, or other governmental subdivision of the state that is responsible for animal 
5.20 	control operations in its jurisdiction.
5.21 	(g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the 
5.22 	meanings given them in section 609.02.

5.23 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
5.24 	committed on or after that date.

5.25 	Sec. 6. Minnesota Statutes 2004, section 346.155, subdivision 4, is amended to read:
5.26 		Subd. 4.Requirements. (a) A person who possesses a regulated animal must 
5.27 	maintain health and ownership records on each animal and must maintain the records 
5.28 	for the life of the animal. If possession of the regulated animal is transferred to another 
5.29 	person, a copy of the health and ownership records must accompany the animal.
5.30 	(b) A person who possesses a regulated animal must maintain an ongoing program 
5.31 	of veterinary care which includes a veterinary visit to the premises at least annually.
5.32 	(c) A person who possesses a regulated animal must notify the local animal control 
5.33 	authority in writing within ten days of a change in address or location where the regulated 
5.34 	animal is kept. The notification of change in address or location form must be prepared by 
5.35 	the Minnesota Animal Control Association and approved by the Board of Animal Health. 
6.1 	(d) A person with a United States Department of Agriculture license for regulated 
6.2 	animals shall forward a copy of the United States Department of Agriculture inspection 
6.3 	report to the local animal control authority within 30 days of receipt of the inspection 
6.4 	report.
6.5 	(e) A person who possesses a regulated animal shall prominently display a sign on 
6.6 	the structure where the animal is housed indicating that a dangerous  regulated animal 
6.7 	is on the premises.
6.8 	(f) A person who possesses a regulated animal must notify, as soon as practicable, 
6.9 	local law enforcement officials of any escape of a regulated animal. The person who 
6.10 	possesses the regulated animal is liable for any costs incurred by any person, city, county, 
6.11 	or state agency resulting from the escape of a regulated animal unless the escape is due to 
6.12 	a criminal act by another person or a natural event.
6.13 	(g) A person who possesses a regulated animal must maintain a written recovery 
6.14 	plan in the event of the escape of a regulated animal. The person must maintain live traps, 
6.15 	or other equipment necessary to assist in the recovery of the regulated animal.
6.16 	(h) If requested by the local animal control authority, A person may not move a 
6.17 	regulated animal from its location unless the person notifies the local animal control 
6.18 	authority prior to moving the animal. The notification must include the date and the 
6.19 	location where the animal is  to be moved. This paragraph does not apply to a regulated 
6.20 	animal transported to a licensed veterinarian.
6.21 	(i) If a person who possesses a regulated animal can no longer care for the animal, 
6.22 	the person shall take steps to find long-term placement for the regulated animal.

6.23 	EFFECTIVE DATE. This section is effective August 1, 2006.

6.24 	Sec. 7. Minnesota Statutes 2004, section 346.155, subdivision 5, is amended to read:
6.25 		Subd. 5.Seizure. (a) The local animal control authority, upon issuance of a 
6.26 	notice of inspection, must be granted access at reasonable times to sites where the local 
6.27 	animal control authority has reason to believe a violation of this chapter is occurring or 
6.28 	has occurred.
6.29 	(b) If a person who possesses a regulated animal is not in compliance with the 
6.30 	requirements of this section, the local animal control authority shall take possession of the 
6.31 	animal for custody and care, provided that the procedures in this subdivision are followed.
6.32 	(c) Upon request of a person possessing a regulated animal, the local animal control 
6.33 	authority may allow the animal to remain in the physical custody of the owner for 30 days, 
6.34 	during which time the owner shall take all necessary actions to come in compliance with 
7.1 	this section. During the 30-day period, the local animal control authority may inspect, at 
7.2 	any reasonable time, the premises where the animal is kept.
7.3 	(d) If a person who possesses a regulated animal is not in compliance with this 
7.4 	section following the 30-day period described in paragraph (c), the local animal control 
7.5 	authority shall seize the animal and place it in a holding facility that is appropriate for the 
7.6 	species for up to ten days. 
7.7 	(e) The authority taking custody of an animal under this section shall provide a 
7.8 	notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at 
7.9 	the place where the animal is taken into custody, or by delivering it to a person residing 
7.10 	on the property. The notice must include:
7.11 	(1) a description of the animal seized; the authority for and purpose of the seizure; 
7.12 	the time, place, and circumstances under which the animal was seized; and a contact 
7.13 	person and telephone number;
7.14 	(2) a statement that a person from whom a regulated animal was seized may post 
7.15 	security to prevent disposition of the animal and may request a hearing concerning the 
7.16 	seizure and that failure to do so within five business days of the date of the notice will 
7.17 	result in disposition of the animal;
7.18 	(3) a statement that actual costs of the care, keeping, and disposal of the regulated 
7.19 	animal are the responsibility of the person from whom the animal was seized, except to 
7.20 	the extent that a court or hearing officer finds that the seizure or impoundment was not 
7.21 	substantially justified by law; and
7.22 	(4) a form that can be used by a person from whom a regulated animal was seized 
7.23 	for requesting a hearing under this subdivision.
7.24 	(e) (f) If a person from whom the regulated animal was seized makes a request 
7.25 	within five business days of the seizure, a hearing must be held within five business days 
7.26 	of the request to determine the validity of the seizure and disposition of the animal. The 
7.27 	judge or hearing officer may authorize the return of the animal to the person from whom 
7.28 	the animal was seized if the judge or hearing officer finds:
7.29 	(1) that the person can and will provide the care required by law for the regulated 
7.30 	animal; and
7.31 	(2) the regulated animal is physically fit.
7.32 	(f) (g) If a judge or hearing officer orders a permanent disposition of the regulated 
7.33 	animal, the local animal control authority may take steps to find long-term placement for 
7.34 	the animal with a wildlife sanctuary, persons authorized by the Department of Natural 
7.35 	Resources, or an appropriate United States Department of Agriculture licensed facility.
8.1 	(g) (h) A person from whom a regulated animal is seized is liable for all actual costs 
8.2 	of care, keeping, and disposal of the animal, except to the extent that a court or hearing 
8.3 	officer finds that the seizure was not substantially justified by law. The costs must be paid 
8.4 	in full or a mutually satisfactory arrangement for payment must be made between the 
8.5 	local animal control authority and the person claiming an interest in the animal before 
8.6 	return of the animal to the person.
8.7 	(h) (i) A person from whom a regulated animal has been seized under this 
8.8 	subdivision may prevent disposition of the animal by posting security in the amount 
8.9 	sufficient to provide for the actual costs of care and keeping of the animal. The security 
8.10 	must be posted within five business days of the seizure, inclusive of the day of the seizure.
8.11 	(i) (j) If circumstances exist threatening the life of a person or the life of any animal, 
8.12 	local law enforcement or the local animal control authority shall may seize a regulated 
8.13 	animal without an opportunity for hearing or court order, or destroy the animal.

8.14 	EFFECTIVE DATE. This section is effective August 1, 2006.

8.15 	Sec. 8. Minnesota Statutes 2004, section 346.155, is amended by adding a subdivision 
8.16 	to read:
8.17 		Subd. 9a.Confinement and control. A person violates this subdivision who 
8.18 	possesses a regulated animal and negligently fails to control the animal or keep it properly 
8.19 	confined and as a result the animal causes bodily harm, substantial bodily harm, or great 
8.20 	bodily harm to another person.

8.21 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
8.22 	committed on or after that date.

8.23 	Sec. 9. Minnesota Statutes 2004, section 346.155, subdivision 10, is amended to read:
8.24 		Subd. 10.Penalty.  (a) A person who knowingly violates subdivision 2, 3,  paragraph 
8.25 	(b) or (c), or 4 is guilty of a misdemeanor.
8.26 	(b) A person who knowingly violates subdivision 3, paragraph (a), is guilty of a 
8.27 	gross misdemeanor.
8.28 	(c) A person who violates subdivision 9a, resulting in bodily harm is guilty of a 
8.29 	misdemeanor and may be sentenced to imprisonment for not more than 90 days or to 
8.30 	payment of a fine of not more than $1,000, or both.
8.31 	(d) A person who violates subdivision 9a, resulting in substantial bodily harm is 
8.32 	guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
8.33 	one year or to payment of a fine of not more than $3,000, or both.
9.1 	(e) A person who violates subdivision 9a, resulting in great bodily harm or death 
9.2 	is guilty of a felony and may be sentenced to imprisonment for not more than two years 
9.3 	or to payment of a fine of not more than $5,000, or both, unless a greater penalty is 
9.4 	provided elsewhere.

9.5 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
9.6 	committed on or after that date.

9.7 	Sec. 10. Minnesota Statutes 2004, section 518B.01, subdivision 14, is amended to read:
9.8 		Subd. 14.Violation of an order for protection. (a) A person who violates an 
9.9 	order for protection issued by a judge or referee is subject to the penalties provided 
9.10 	in paragraphs (b) to (d).
9.11 	(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for 
9.12 	protection is granted by a judge or referee or pursuant to a similar law of another state, 
9.13 	the United States, the District of Columbia, tribal lands, or United States territories, and 
9.14 	the respondent or person to be restrained knows of the existence of the order, violation of 
9.15 	the order for protection is a misdemeanor. Upon a misdemeanor conviction under this 
9.16 	paragraph, the defendant must be sentenced to a minimum of three days imprisonment and 
9.17 	must be ordered to participate in counseling or other appropriate programs selected by 
9.18 	the court. If the court stays imposition or execution of the jail sentence and the defendant 
9.19 	refuses or fails to comply with the court's treatment order, the court must impose and 
9.20 	execute the stayed jail sentence. A violation of an order for protection shall also constitute 
9.21 	contempt of court and be subject to the penalties provided in chapter 588.
9.22 	(c) A person is guilty of a gross misdemeanor who knowingly violates this 
9.23 	subdivision during the time period betweenwithin ten years of  a previous qualified 
9.24 	domestic violence-related offense conviction and the end of the five years following 
9.25 	discharge from sentence for that offense or adjudication of delinquency. Upon a gross 
9.26 	misdemeanor conviction under this paragraph, the defendant must be sentenced to a 
9.27 	minimum of ten days imprisonment and must be ordered to participate in counseling or 
9.28 	other appropriate programs selected by the court. Notwithstanding section  609.135, the 
9.29 	court must impose and execute the minimum sentence provided in this paragraph for 
9.30 	gross misdemeanor convictions. 
9.31 	(d) A person is guilty of a felony and may be sentenced to imprisonment for not 
9.32 	more than five years or to payment of a fine of not more than $10,000, or both, if the 
9.33 	person knowingly violates this subdivision:
9.34 	(1) during the time period betweenwithin ten years of  the first of two or more 
9.35 	previous qualified domestic violence-related offense convictions and the end of the five 
10.1 	years following discharge from sentence for that offense or adjudications of delinquency; 
10.2 	or
10.3 	(2) while possessing a dangerous weapon, as defined in section  609.02, subdivision 6. 
10.4 	Upon a felony conviction under this paragraph in which the court stays imposition or 
10.5 	execution of sentence, the court shall impose at least a 30-day period of incarceration 
10.6 	as a condition of probation. The court also shall order that the defendant participate in 
10.7 	counseling or other appropriate programs selected by the court. Notwithstanding section  
10.8 	609.135, the court must impose and execute the minimum sentence provided in this 
10.9 	paragraph for felony convictions. 
10.10 	(e) A peace officer shall arrest without a warrant and take into custody a person 
10.11 	whom the peace officer has probable cause to believe has violated an order granted 
10.12 	pursuant to this section or a similar law of another state, the United States, the District of 
10.13 	Columbia, tribal lands, or United States territories restraining the person or excluding the 
10.14 	person from the residence or the petitioner's place of employment, even if the violation 
10.15 	of the order did not take place in the presence of the peace officer, if the existence of the 
10.16 	order can be verified by the officer. The probable cause required under this paragraph 
10.17 	includes probable cause that the person knows of the existence of the order. If the order 
10.18 	has not been served, the officer shall immediately serve the order whenever reasonably 
10.19 	safe and possible to do so. An order for purposes of this subdivision, includes the short 
10.20 	form order described in subdivision 8a. When the order is first served upon the person 
10.21 	at a location at which, under the terms of the order, the person's presence constitutes a 
10.22 	violation, the person shall not be arrested for violation of the order without first being 
10.23 	given a reasonable opportunity to leave the location in the presence of the peace officer. 
10.24 	A person arrested under this paragraph shall be held in custody for at least 36 hours, 
10.25 	excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by 
10.26 	a judge or judicial officer. A peace officer acting in good faith and exercising due care 
10.27 	in making an arrest pursuant to this paragraph is immune from civil liability that might 
10.28 	result from the officer's actions.
10.29 	(f) If the court finds that the respondent has violated an order for protection and 
10.30 	that there is reason to believe that the respondent will commit a further violation of the 
10.31 	provisions of the order restraining the respondent from committing acts of domestic abuse 
10.32 	or excluding the respondent from the petitioner's residence, the court may require the 
10.33 	respondent to acknowledge an obligation to comply with the order on the record. The court 
10.34 	may require a bond sufficient to deter the respondent from committing further violations 
10.35 	of the order for protection, considering the financial resources of the respondent, and not 
10.36 	to exceed $10,000. If the respondent refuses to comply with an order to acknowledge the 
11.1 	obligation or post a bond under this paragraph, the court shall commit the respondent to 
11.2 	the county jail during the term of the order for protection or until the respondent complies 
11.3 	with the order under this paragraph. The warrant must state the cause of commitment, 
11.4 	with the sum and time for which any bond is required. If an order is issued under this 
11.5 	paragraph, the court may order the costs of the contempt action, or any part of them, to be 
11.6 	paid by the respondent. An order under this paragraph is appealable.
11.7 	(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested 
11.8 	party designated by the court, alleging that the respondent has violated any order for 
11.9 	protection granted pursuant to this section or a similar law of another state, the United 
11.10 	States, the District of Columbia, tribal lands, or United States territories, the court may 
11.11 	issue an order to the respondent, requiring the respondent to appear and show cause within 
11.12 	14 days why the respondent should not be found in contempt of court and punished 
11.13 	therefor. The hearing may be held by the court in any county in which the petitioner or 
11.14 	respondent temporarily or permanently resides at the time of the alleged violation, or in 
11.15 	the county in which the alleged violation occurred, if the petitioner and respondent do not 
11.16 	reside in this state. The court also shall refer the violation of the order for protection to the 
11.17 	appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).
11.18 	(h) If it is alleged that the respondent has violated an order for protection issued under 
11.19 	subdivision 6 or a similar law of another state, the United States, the District of Columbia, 
11.20 	tribal lands, or United States territories, and the court finds that the order has expired 
11.21 	between the time of the alleged violation and the court's hearing on the violation, the court 
11.22 	may grant a new order for protection under subdivision 6 based solely on the respondent's 
11.23 	alleged violation of the prior order, to be effective until the hearing on the alleged violation 
11.24 	of the prior order. If the court finds that the respondent has violated the prior order, the 
11.25 	relief granted in the new order for protection shall be extended for a fixed period, not to 
11.26 	exceed one year, except when the court determines a longer fixed period is appropriate.
11.27 	(i) The admittance into petitioner's dwelling of an abusing party excluded from the 
11.28 	dwelling under an order for protection is not a violation by the petitioner of the order 
11.29 	for protection.
11.30 	A peace officer is not liable under section  609.43, clause (1), for a failure to perform 
11.31 	a duty required by paragraph (e). 
11.32 	(j) When a person is convicted under paragraph (b) or (c) of violating an order for 
11.33 	protection and the court determines that the person used a firearm in any way during 
11.34 	commission of the violation, the court may order that the person is prohibited from 
11.35 	possessing any type of firearm for any period longer than three years or for the remainder 
11.36 	of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. 
12.1 	At the time of the conviction, the court shall inform the defendant whether and for 
12.2 	how long the defendant is prohibited from possessing a firearm and that it is a gross 
12.3 	misdemeanor to violate this paragraph. The failure of the court to provide this information 
12.4 	to a defendant does not affect the applicability of the firearm possession prohibition or the 
12.5 	gross misdemeanor penalty to that defendant.
12.6 	(k) Except as otherwise provided in paragraph (j), when a person is convicted 
12.7 	under paragraph (b) or (c) of violating an order for protection, the court shall inform 
12.8 	the defendant that the defendant is prohibited from possessing a pistol for three years 
12.9 	from the date of conviction and that it is a gross misdemeanor offense to violate this 
12.10 	prohibition. The failure of the court to provide this information to a defendant does not 
12.11 	affect the applicability of the pistol possession prohibition or the gross misdemeanor 
12.12 	penalty to that defendant.
12.13 	(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess a 
12.14 	pistol if the person has been convicted under paragraph (b) or (c) after August 1, 1996, 
12.15 	of violating an order for protection, unless three years have elapsed from the date of 
12.16 	conviction and, during that time, the person has not been convicted of any other violation 
12.17 	of this section. Property rights may not be abated but access may be restricted by the 
12.18 	courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross 
12.19 	misdemeanor.
12.20 	(m) If the court determines that a person convicted under paragraph (b) or (c) of 
12.21 	violating an order for protection owns or possesses a firearm and used it in any way during 
12.22 	the commission of the violation, it shall order that the firearm be summarily forfeited 
12.23 	under section  609.5316, subdivision 3. 

12.24 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
12.25 	committed on or after that date.

12.26 	Sec. 11. Minnesota Statutes 2005 Supplement, section 518B.01, subdivision 22, 
12.27 	is amended to read:
12.28 		Subd. 22.Domestic abuse no contact order. (a) A domestic abuse no contact order 
12.29 	is an order issued by a court against a defendant in a criminal proceeding for:
12.30 	(1) domestic abuse;
12.31 	(2) harassment or stalking charged under section 609.749 and committed against 
12.32 	a family or household member;
12.33 	(3) violation of an order for protection charged under subdivision 14; or
12.34 	(4) violation of a prior domestic abuse no contact order charged under this 
12.35 	subdivision.
13.1 	It includes pretrial orders before final disposition of the case and probationary orders 
13.2 	after sentencing.
13.3 	(b) A person who knows of the existence of a domestic abuse no contact order issued 
13.4 	against the person and violates the order is guilty of a misdemeanor.
13.5 	(c) A person is guilty of a gross misdemeanor who knowingly violates this 
13.6 	subdivision within ten years of a previous qualified domestic violence-related offense 
13.7 	conviction or adjudication of delinquency.
13.8 	(d) A peace officer shall arrest without a warrant and take into custody a person 
13.9 	whom the peace officer has probable cause to believe has violated a domestic abuse no 
13.10 	contact order, even if the violation of the order did not take place in the presence of the 
13.11 	peace officer, if the existence of the order can be verified by the officer. The person shall 
13.12 	be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, 
13.13 	unless the person is released earlier by a judge or judicial officer. A peace officer acting 
13.14 	in good faith and exercising due care in making an arrest pursuant to this paragraph is 
13.15 	immune from civil liability that might result from the officer's actions.

13.16 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
13.17 	committed on or after that date.

13.18 	Sec. 12. Minnesota Statutes 2005 Supplement, section 609.02, subdivision 16, is 
13.19 	amended to read:
13.20 		Subd. 16.Qualified domestic violence-related offense. "Qualified domestic 
13.21 	violence-related offense" includes the following offenses: sections 518B.01, subdivision 
13.22 	14 (violation of domestic abuse order for protection); 518B.01, subdivision 22 
13.23 	(violation of domestic abuse no contact order); 609.221 (first-degree assault); 609.222
13.24 	(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 
13.25 	609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic assault 
13.26 	by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree 
13.27 	criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
13.28 	(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 
13.29 	609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining 
13.30 	order); and609.749 (harassment/stalking); and 609.78, subdivision 2 (interference with 
13.31 	an emergency call); and similar laws of other states, the United States, the District of 
13.32 	Columbia, tribal lands, and United States territories.

13.33 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
13.34 	committed on or after that date.

14.1 	Sec. 13. Minnesota Statutes 2004, section 609.11, subdivision 7, is amended to read:
14.2 		Subd. 7.Prosecutor shall establish. Whenever reasonable grounds exist to believe 
14.3 	that the defendant or an accomplice used a firearm or other dangerous weapon or had in 
14.4 	possession a firearm, at the time of commission of an offense listed in subdivision 9, 
14.5 	the prosecutor shall, at the time of trial or at the plea of guilty, present on the record 
14.6 	all evidence tending to establish that fact unless it is otherwise admitted on the record.
14.7 	The question of whether the defendant or an accomplice, at the time of commission of 
14.8 	an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
14.9 	in possession a firearm shall be determined by the court on the record factfinder at the 
14.10 	time of a verdict or finding of guilt at trial or the entry of a plea of guilty based upon the 
14.11 	record of the trial or the plea of guilty. The courtfactfinder shall also determine on the 
14.12 	record at the time of sentencing whether the defendant has been convicted of a second or 
14.13 	subsequent offense in which the defendant or an accomplice, at the time of commission 
14.14 	of an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
14.15 	in possession a firearm.

14.16 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
14.17 	committed on or after that date. 

14.18 	Sec. 14. Minnesota Statutes 2004, section 609.153, subdivision 1, is amended to read:
14.19 		Subdivision 1.Application. This section applies to the following misdemeanor-level 
14.20 	crimes: sections  152.093 (manufacture or delivery of drug paraphernalia prohibited); 
14.21 	152.095 (advertisement of drug paraphernalia prohibited); 609.324 (prostitution);  
14.22 	609.3243 (loitering with intent to participate in prostitution); 609.546 (motor vehicle 
14.23 	tampering);  609.595 (damage to property); and  609.66 (dangerous weapons); 
14.24 	misdemeanor-level violations of section 609.605 (trespass); and violations of local 
14.25 	ordinances prohibiting the unlawful sale or possession of controlled substances. 

14.26 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
14.27 	committed on or after that date.

14.28 	Sec. 15. Minnesota Statutes 2004, section 609.2231, subdivision 6, is amended to read:
14.29 		Subd. 6.Public employees with mandated duties. A person is guilty of a gross 
14.30 	misdemeanor who:
14.31 	(1) assaults an agricultural inspector, occupational safety and health investigator, 
14.32 	child protection worker, public health nurse, animal control officer, or probation or parole 
15.1 	officer while the employee is engaged in the performance of a duty mandated by law, 
15.2 	court order, or ordinance;
15.3 	(2) knows that the victim is a public employee engaged in the performance of the 
15.4 	official public duties of the office; and
15.5 	(3) inflicts demonstrable bodily harm.

15.6 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
15.7 	committed on or after that date.

15.8 	Sec. 16. Minnesota Statutes 2004, section 609.224, subdivision 2, is amended to read:
15.9 		Subd. 2.Gross misdemeanor. (a) Whoever violates the provisions of subdivision 
15.10 	1 against the same victim during the time period betweenwithin ten years of  a previous 
15.11 	qualified domestic violence-related offense conviction or adjudication of delinquency and 
15.12 	the end of the five years following discharge from sentence or disposition for that offense,
15.13 	is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
15.14 	one year or to payment of a fine of not more than $3,000, or both.
15.15 	(b) Whoever violates the provisions of subdivision 1 within two three years of 
15.16 	a previous qualified domestic violence-related offense conviction or adjudication of 
15.17 	delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for 
15.18 	not more than one year or to payment of a fine of not more than $3,000, or both.
15.19 	(c) A caregiver, as defined in section  609.232, who is an individual and who violates 
15.20 	the provisions of subdivision 1 against a vulnerable adult, as defined in section  609.232, is 
15.21 	guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
15.22 	one year or to payment of a fine of not more than $3,000, or both. 

15.23 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
15.24 	committed on or after that date.

15.25 	Sec. 17. Minnesota Statutes 2004, section 609.224, subdivision 4, is amended to read:
15.26 		Subd. 4.Felony. (a) Whoever violates the provisions of subdivision 1 against 
15.27 	the same victim during the time period betweenwithin ten years of  the first of any 
15.28 	combination of two or more previous qualified domestic violence-related offense 
15.29 	convictions or adjudications of delinquency and the end of the five years following 
15.30 	discharge from sentence or disposition for that offense is guilty of a felony and may be 
15.31 	sentenced to imprisonment for not more than five years or payment of a fine of not more 
15.32 	than $10,000, or both.
16.1 	(b) Whoever violates the provisions of subdivision 1 within three years of the first 
16.2 	of any combination of two or more previous qualified domestic violence-related offense 
16.3 	convictions or adjudications of delinquency is guilty of a felony and may be sentenced 
16.4 	to imprisonment for not more than five years or to payment of a fine of not more than 
16.5 	$10,000, or both.

16.6 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
16.7 	committed on or after that date.

16.8 	Sec. 18. Minnesota Statutes 2004, section 609.2242, subdivision 2, is amended to read:
16.9 		Subd. 2.Gross misdemeanor. Whoever violates subdivision 1 during the time 
16.10 	period betweenwithin ten years of  a previous qualified domestic violence-related 
16.11 	offense conviction or adjudication of delinquency against a family or household member 
16.12 	as defined in section  518B.01, subdivision 2, and the end of the five years following 
16.13 	discharge from sentence or disposition for that offense is guilty of a gross misdemeanor 
16.14 	and may be sentenced to imprisonment for not more than one year or to payment of a fine 
16.15 	of not more than $3,000, or both. 

16.16 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
16.17 	committed on or after that date.

16.18 	Sec. 19. Minnesota Statutes 2004, section 609.2242, subdivision 4, is amended to read:
16.19 		Subd. 4.Felony. Whoever violates the provisions of this section or section  609.224, 
16.20 	subdivision 1, against the same victim during the time period between within ten years of
16.21 	the first of any combination of two or more previous qualified domestic violence-related 
16.22 	offense convictions or adjudications of delinquency and the end of the five years following 
16.23 	discharge from sentence or disposition for that offense is guilty of a felony and may be 
16.24 	sentenced to imprisonment for not more than five years or payment of a fine of not more 
16.25 	than $10,000, or both. 

16.26 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
16.27 	committed on or after that date.

16.28 	Sec. 20. Minnesota Statutes 2005 Supplement, section 609.282, is amended to read:
16.29 	609.282 LABOR TRAFFICKING.
16.30 		Subdivision 1. Individuals under age 18. Whoever knowingly engages in the 
16.31 	labor trafficking of an individual who is under the age of 18 is guilty of a crime and 
17.1 	may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 
17.2 	not more than $40,000, or both.
17.3 		Subd. 2. Other offenses. Whoever knowingly engages in the labor trafficking of 
17.4 	another is guilty of a crime and may be sentenced to imprisonment for not more than 15 
17.5 	years or to payment of a fine of not more than $30,000, or both. 
17.6 		Subd. 3. Consent or age of victim not a defense. In a prosecution under this 
17.7 	section the consent or age of the victim is not a defense.

17.8 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
17.9 	committed on or after that date. 

17.10 	Sec. 21. Minnesota Statutes 2005 Supplement, section 609.283, is amended to read:
17.11 	609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN 
17.12 	FURTHERANCE OF LABOR OR SEX TRAFFICKING.
17.13 		Subdivision 1. Crime defined. Unless the person's conduct constitutes a violation 
17.14 	of section 609.282, a person who knowingly destroys, conceals, removes, confiscates, or 
17.15 	possesses any actual or purported passport or other immigration document, or any other 
17.16 	actual or purported government identification document, of another person:
17.17 	(1) in the course of a violation of section 609.282 or 609.322;
17.18 	(2) with intent to violate section 609.282 or 609.322; or
17.19 	(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, 
17.20 	a person's liberty to move or travel, in order to maintain the labor or services of that person, 
17.21 	when the person is or has been a victim of a violation of section 609.282 or 609.322;
17.22 	is guilty of a crime and may be sentenced as provided in subdivision 2. 
17.23 		Subd. 2. Penalties.  A person who violates subdivision 1 may be sentenced as 
17.24 	follows: 
17.25 	(1) if the crime involves a victim under the age of 18, to imprisonment for not more 
17.26 	than ten years or to payment of a fine of $20,000, or both; or 
17.27 	(2) in other cases, to imprisonment for not more than five years or to payment of 
17.28 	a fine of not more than $10,000, or both. 
17.29 		Subd. 3. Consent or age of victim not a defense. In a prosecution under this 
17.30 	section the consent or age of the victim is not a defense.

17.31 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
17.32 	committed on or after that date. 

18.1 	Sec. 22. Minnesota Statutes 2005 Supplement, section 609.3455, is amended by adding 
18.2 	a subdivision to read:
18.3 		Subd. 3a. Mandatory sentence for certain engrained offenders.  (a) A court shall 
18.4 	commit a person to the commissioner of corrections for a period of time that is not less 
18.5 	than double the presumptive sentence under the sentencing guidelines and not more than 
18.6 	the statutory maximum, or if the statutory maximum is less than double the presumptive 
18.7 	sentence, for a period of time that is equal to the statutory maximum, if:
18.8 	(1) the court is imposing an executed sentence on a person convicted of committing 
18.9 	or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or 
18.10 	609.3453; 
18.11 	(2) the factfinder determines that the offender is a danger to public safety; and 
18.12 	(3) the factfinder determines that the offender's criminal sexual behavior is so 
18.13 	engrained that the risk of reoffending is great without intensive psychotherapeutic 
18.14 	intervention or other long-term treatment or supervision extending beyond the presumptive 
18.15 	term of imprisonment and supervised release.
18.16 	(b) The factfinder shall base its determination that the offender is a danger to public 
18.17 	safety on any of the following factors:
18.18 	(1) the crime involved an aggravating factor that would justify a durational departure 
18.19 	from the presumptive sentence under the sentencing guidelines;
18.20 	(2) the offender previously committed or attempted to commit a predatory crime 
18.21 	or a violation of section 609.224 or 609.2242, including:
18.22 	(i) an offense committed as a juvenile that would have been a predatory crime or a 
18.23 	violation of section 609.224 or 609.2242 if committed by an adult; or 
18.24 	(ii) a violation or attempted violation of a similar law of any other state or the United 
18.25 	States; or
18.26 	(3) the offender planned or prepared for the crime prior to its commission.
18.27 	(c) As used in this section, "predatory crime" has the meaning given in section 
18.28 	609.341, subdivision 22.

18.29 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
18.30 	committed on or after that date. 

18.31 	Sec. 23. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 4, 
18.32 	is amended to read:
18.33 		Subd. 4.Mandatory life sentence; repeat offenders. (a) Notwithstanding the 
18.34 	statutory maximum penalty otherwise applicable to the offense, the court shall sentence a 
19.1 	person to imprisonment for life if the person is convicted of violating section 609.342, 
19.2 	609.343, 609.344, 609.345, or 609.3453 and:
19.3 	(1) the person has two previous sex offense convictions;
19.4 	(2) the person has a previous sex offense conviction and:
19.5 	(i) the factfinder determines that the present offense involved an aggravating factor 
19.6 	that would provide grounds for an upward durational departure under the sentencing 
19.7 	guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
19.8 	convictions;
19.9 	(ii) the person received an upward durational departure from the sentencing 
19.10 	guidelines for the previous sex offense conviction; or
19.11 	(iii) the person was sentenced under this section or section 609.108 for the previous 
19.12 	sex offense conviction; or
19.13 	(3) the person has two prior sex offense convictions, and the factfinder determines 
19.14 	that the prior convictions and present offense involved at least three separate victims, and:
19.15 	(i) the factfinder determines that the present offense involved an aggravating factor 
19.16 	that would provide grounds for an upward durational departure under the sentencing 
19.17 	guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
19.18 	convictions;
19.19 	(ii) the person received an upward durational departure from the sentencing 
19.20 	guidelines for one of the prior sex offense convictions; or
19.21 	(iii) the person was sentenced under this section or section 609.108 for one of the 
19.22 	prior sex offense convictions.
19.23 	(b) Notwithstanding paragraph (a), a court may not sentence a person to 
19.24 	imprisonment for life for a violation of section 609.345, unless the person's previous or 
19.25 	prior sex offense convictions that are being used as the basis for the sentence are for 
19.26 	violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute of the 
19.27 	United States, this state, or any other state.

19.28 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
19.29 	committed on or after that date. 

19.30 	Sec. 24. Minnesota Statutes 2005 Supplement, section 609.485, subdivision 2, is 
19.31 	amended to read:
19.32 		Subd. 2.Acts prohibited. Whoever does any of the following may be sentenced as 
19.33 	provided in subdivision 4:
20.1 	(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or 
20.2 	conviction of a crime, or while held in lawful custody on an allegation or adjudication 
20.3 	of a delinquent act;
20.4 	(2) transfers to another, who is in lawful custody on a charge or conviction of a 
20.5 	crime, or introduces into an institution in which the latter is confined, anything usable in 
20.6 	making such escape, with intent that it shall be so used;
20.7 	(3) having another in lawful custody on a charge or conviction of a crime, 
20.8 	intentionally permits the other to escape;
20.9 	(4) escapes while in a facility designated under section 253B.18, subdivision 1, 
20.10 	pursuant to a court commitment order after a finding of not guilty by reason of mental 
20.11 	illness or mental deficiency of a crime against the person, as defined in section 253B.02, 
20.12 	subdivision 4a. Notwithstanding section 609.17, no person may be charged with or 
20.13 	convicted of an attempt to commit a violation of this clause;
20.14 	(5) escapes while in or under the supervision of a facility designated under section 
20.15 	253B.18, subdivision 1, pursuant to a court hold or commitment order under section 
20.16 	253B.185 or Minnesota Statutes 1992, section 526.10; or
20.17 	(6) escapes while on pass status or provisional discharge according to section 
20.18 	253B.18.
20.19 	For purposes of clause (1), "escapes while held in lawful custody" includes 
20.20 	absconding from electronic monitoring or absconding after removing an electronic 
20.21 	monitoring device from the person's body.

20.22 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
20.23 	committed on or after that date. 

20.24 	Sec. 25. Minnesota Statutes 2005 Supplement, section 609.485, subdivision 4, is 
20.25 	amended to read:
20.26 		Subd. 4.Sentence. (a) Except as otherwise provided in subdivision 3a, whoever 
20.27 	violates this section may be sentenced as follows:
20.28 	(1) if the person who escapes is in lawful custody for a felony, to imprisonment for 
20.29 	not more than five years or to payment of a fine of not more than $10,000, or both;
20.30 	(2) if the person who escapes is in lawful custody after a finding of not guilty by 
20.31 	reason of mental illness or mental deficiency of a crime against the person, as defined in 
20.32 	section 253B.02, subdivision 4a, or pursuant to a court commitment order under section 
20.33 	253B.185 or Minnesota Statutes 1992, section 526.10, to imprisonment for not more than 
20.34 	one year and one day or to payment of a fine of not more than $3,000, or both;
21.1 	(3) if the person who escapes is in lawful custody for a gross misdemeanor or 
21.2 	misdemeanor, or if the person who escapes is in lawful custody on an allegation or 
21.3 	adjudication of a delinquent act, to imprisonment for not more than one year or to payment 
21.4 	of a fine of not more than $3,000, or both; or
21.5 	(4) if the person who escapes is under civil commitment under sections section
21.6 	253B.18and 253B.185, to imprisonment for not more than one year and one day or to 
21.7 	payment of a fine of not more than $3,000, or both.; or
21.8 	(5) if the person who escapes is under a court hold, civil commitment, or supervision 
21.9 	under section 253B.185 or Minnesota Statutes 1992, section 526.10, to imprisonment for 
21.10 	not more than five years or to payment of a fine of not more than $10,000, or both.
21.11 	(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was 
21.12 	effected by violence or threat of violence against a person, the sentence may be increased 
21.13 	to not more than twice those permitted in paragraph (a), clauses (1) and (3).
21.14 	(c) Unless a concurrent term is specified by the court, a sentence under this section 
21.15 	shall be consecutive to any sentence previously imposed or which may be imposed for any 
21.16 	crime or offense for which the person was in custody when the person escaped.
21.17 	(d) Notwithstanding paragraph (c), if a person who was committed to the 
21.18 	commissioner of corrections under section 260B.198 escapes from the custody of the 
21.19 	commissioner while 18 years of age, the person's sentence under this section shall 
21.20 	commence on the person's 19th birthday or on the person's date of discharge by the 
21.21 	commissioner of corrections, whichever occurs first. However, if the person described 
21.22 	in this clause is convicted under this section after becoming 19 years old and after 
21.23 	having been discharged by the commissioner, the person's sentence shall commence 
21.24 	upon imposition by the sentencing court.
21.25 	(e) Notwithstanding paragraph (c), if a person who is in lawful custody on an 
21.26 	allegation or adjudication of a delinquent act while 18 years of age escapes from a local 
21.27 	juvenile correctional facility, the person's sentence under this section begins on the 
21.28 	person's 19th birthday or on the person's date of discharge from the jurisdiction of the 
21.29 	juvenile court, whichever occurs first. However, if the person described in this paragraph 
21.30 	is convicted after becoming 19 years old and after discharge from the jurisdiction of the 
21.31 	juvenile court, the person's sentence begins upon imposition by the sentencing court.
21.32 	(f) Notwithstanding paragraph (a), any person who escapes or absconds from 
21.33 	electronic monitoring or removes an electric monitoring device from the person's body is 
21.34 	guilty of a crime and shall be sentenced to imprisonment for not more than one year or to 
21.35 	a payment of a fine of not more than $3,000, or both. A person in lawful custody for a 
21.36 	violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 609.222, 
22.1 	609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, or 609.3451 who escapes or 
22.2 	absconds from electronic monitoring or removes an electronic monitoring device while 
22.3 	under sentence may be sentenced to imprisonment for not more than five years or to a 
22.4 	payment of a fine of not more than $10,000, or both.

22.5 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
22.6 	committed on or after that date.

22.7 	Sec. 26. Minnesota Statutes 2004, section 609.495, is amended by adding a subdivision 
22.8 	to read:
22.9 		Subd. 5.Venue. An offense committed under subdivision 1 or 3 may be prosecuted 
22.10 	in:
22.11 	(1) the county where the aiding or obstructing behavior occurred; or 
22.12 	(2) the county where the underlying criminal act occurred. 

22.13 	EFFECTIVE DATE. This section is effective July 1, 2006.

22.14 	Sec. 27. [609.632] COUNTERFEITING OF CURRENCY.
22.15 		Subdivision 1.Manufacturing; printing.  Whoever, with the intent to defraud, 
22.16 	falsely makes, alters, prints, scans, images, or copies any United States postal money 
22.17 	order, United States currency, Federal Reserve note, or other obligation or security of the 
22.18 	United States so that it purports to be genuine or has different terms or provisions than that 
22.19 	of the United States Postal Service or United States Treasury is guilty of counterfeiting 
22.20 	and may be sentenced as provided in subdivision 4. 
22.21 		Subd. 2.Means for false reproduction.  Whoever, with intent to defraud, makes, 
22.22 	engraves, possesses, or transfers a plate or instrument, computer, printer, camera, software, 
22.23 	paper, cloth, fabric, ink, or other material for the false reproduction of any United States 
22.24 	postal money order, United States currency, Federal Reserve note, or other obligation or 
22.25 	security of the United States is guilty of counterfeiting and may be sentenced as provided 
22.26 	in subdivision 4. 
22.27 		Subd. 3.Uttering or possessing.  Whoever, with intent to defraud, utters or 
22.28 	possesses with intent to utter any counterfeit United States postal money order, United 
22.29 	States currency, Federal Reserve note, or other obligation or security of the United States, 
22.30 	having reason to know that the money order, currency, note, or obligation or security is 
22.31 	forged, counterfeited, falsely made, altered, or printed, is guilty of offering counterfeited 
22.32 	currency and may be sentenced as provided in subdivision 4. 
23.1 		Subd. 4.Penalty.  (a) A person who is convicted of violating subdivision 1 or 2 
23.2 	may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 
23.3 	not more than $100,000, or both. 
23.4 	(b) A person who is convicted of violating subdivision 3 may be sentenced as 
23.5 	follows: 
23.6 	(1) to imprisonment for not more than 20 years or to payment of a fine of not more 
23.7 	than $100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
23.8 	property or services having a value of more than $35,000, or the aggregate face value of 
23.9 	the counterfeited item is more than $35,000; 
23.10 	(2) to imprisonment for not more than ten years or to payment of a fine of not more 
23.11 	than $20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
23.12 	property or services having a value of more than $5,000, or the aggregate face value of the 
23.13 	counterfeited item is more than $5,000; 
23.14 	(3) to imprisonment for not more than five years or to payment of a fine of not 
23.15 	more than $10,000, or both, if: 
23.16 	(i) the counterfeited item is used to obtain or in an attempt to obtain property 
23.17 	or services having a value of more than $1,000 or the aggregate face value of the 
23.18 	counterfeited item is more than $1,000; or
23.19 	(ii) the counterfeited item is used to obtain or in an attempt to obtain property 
23.20 	or services having a value of no more than $1,000, or the aggregate face value of the 
23.21 	counterfeited item is no more than $1,000, and the person has been convicted within the 
23.22 	preceding five years for an offense under this section, section 609.24; 609.245; 609.52; 
23.23 	609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from 
23.24 	another state or the United States in conformity with any of those sections, and the person 
23.25 	received a felony or gross misdemeanor sentence for the offense, or a sentence that was 
23.26 	stayed under section 609.135 if the offense to which a plea was entered would allow the 
23.27 	imposition of a felony or gross misdemeanor sentence; or 
23.28 	(4) to imprisonment for not more than one year or to payment of a fine of not more 
23.29 	than $3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain 
23.30 	property or services having a value of no more than $1,000, or the aggregate face value of 
23.31 	the counterfeited item is no more than $1,000. 
23.32 		Subd. 5.Aggregation; venue.  In any prosecution under this section, the value of the 
23.33 	counterfeited United States postal money orders, United States currency, Federal Reserve 
23.34 	notes, or other obligations or securities of the United States, offered by the defendant in 
23.35 	violation of this section within any six-month period may be aggregated and the defendant 
23.36 	charged accordingly in applying the provisions of this section. When two or more offenses 
24.1 	are committed by the same person in two or more counties, the accused may be prosecuted 
24.2 	in any county in which one of the counterfeited items was forged, offered, or possessed, 
24.3 	for all of the offenses aggregated under this subdivision. 

24.4 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
24.5 	committed on or after that date.

24.6 	Sec. 28. Minnesota Statutes 2004, section 609.748, subdivision 6, is amended to read:
24.7 		Subd. 6.Violation of restraining order. (a) A person who violates a restraining 
24.8 	order issued under this section is subject to the penalties provided in paragraphs (b) to (d).
24.9 	(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary 
24.10 	restraining order or a restraining order is granted under this section and the respondent 
24.11 	knows of the order, violation of the order is a misdemeanor.
24.12 	(c) A person is guilty of a gross misdemeanor who knowingly violates the order 
24.13 	during the time period betweenwithin ten years of  a previous qualified domestic 
24.14 	violence-related offense conviction and the end of the five years following discharge from 
24.15 	sentence for that offense or adjudication of delinquency.
24.16 	(d) A person is guilty of a felony and may be sentenced to imprisonment for not 
24.17 	more than five years or to payment of a fine of not more than $10,000, or both, if the 
24.18 	person knowingly violates the order:
24.19 	(1) during the time period betweenwithin ten years of  the first of two or more 
24.20 	previous qualified domestic violence-related offense convictions and the end of the five 
24.21 	years following discharge from sentence for that offense or adjudications of delinquency;
24.22 	(2) because of the victim's or another's actual or perceived race, color, religion, sex, 
24.23 	sexual orientation, disability as defined in section  363A.03, age, or national origin; 
24.24 	(3) by falsely impersonating another;
24.25 	(4) while possessing a dangerous weapon;
24.26 	(5) with an intent to influence or otherwise tamper with a juror or a judicial 
24.27 	proceeding or with intent to retaliate against a judicial officer, as defined in section  
24.28 	609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's 
24.29 	performance of official duties in connection with a judicial proceeding; or 
24.30 	(6) against a victim under the age of 18, if the respondent is more than 36 months 
24.31 	older than the victim.
24.32 	(e) A peace officer shall arrest without a warrant and take into custody a person 
24.33 	whom the peace officer has probable cause to believe has violated an order issued under 
24.34 	subdivision 4 or 5 if the existence of the order can be verified by the officer.
25.1 	(f) A violation of a temporary restraining order or restraining order shall also 
25.2 	constitute contempt of court.
25.3 	(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested 
25.4 	party designated by the court, alleging that the respondent has violated an order issued 
25.5 	under subdivision 4 or 5, the court may issue an order to the respondent requiring the 
25.6 	respondent to appear within 14 days and show cause why the respondent should not be 
25.7 	held in contempt of court. The court also shall refer the violation of the order to the 
25.8 	appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).

25.9 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
25.10 	committed on or after that date.

25.11 	Sec. 29. Minnesota Statutes 2004, section 609.749, subdivision 4, is amended to read:
25.12 		Subd. 4.Second or subsequent violations; felony. (a) A person is guilty of a 
25.13 	felony who violates any provision of subdivision 2 during the time period between
25.14 	within ten years of a previous qualified domestic violence-related offense conviction 
25.15 	or adjudication of delinquency and the end of the ten years following discharge from 
25.16 	sentence or disposition for that offense, and may be sentenced to imprisonment for not 
25.17 	more than five years or to payment of a fine of not more than $10,000, or both.
25.18 	(b) A person is guilty of a felony who violates any provision of subdivision 2 during 
25.19 	the time period betweenwithin ten years of the first of two or more previous qualified 
25.20 	domestic violence-related offense convictions or adjudications of delinquency and the 
25.21 	end of ten years following discharge from sentence or disposition for that offense, and 
25.22 	may be sentenced to imprisonment for not more than ten years or to payment of a fine of 
25.23 	not more than $20,000, or both.

25.24 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
25.25 	committed on or after that date.

25.26 	Sec. 30. Minnesota Statutes 2004, section 609.87, subdivision 1, is amended to read:
25.27 		Subdivision 1.Applicability. For purposes of sections  609.87 to  609.89, 609.891
25.28 	and section 609.891  609.8912 to 609.8913, the terms defined in this section have the 
25.29 	meanings given them. 

25.30 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
25.31 	committed on or after that date.

25.32 	Sec. 31. Minnesota Statutes 2004, section 609.87, subdivision 11, is amended to read:
26.1 		Subd. 11.Computer security system. "Computer security system" means a 
26.2 	software program or computer device that:
26.3 	(1) is intended to protect the confidentiality and secrecy of data and information 
26.4 	stored in or accessible through the computer system; and
26.5 	(2) displays a conspicuous warning to a user that the user is entering a secure system 
26.6 	or requires a person seeking access to knowingly respond by use of an authorized code to 
26.7 	the program or device in order to gain access.

26.8 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
26.9 	committed on or after that date.

26.10 	Sec. 32. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
26.11 	to read:
26.12 		Subd. 13.Encryption. "Encryption" means any protective or disruptive measure, 
26.13 	including but not limited to, cryptography, enciphering, or encoding that:
26.14 	(1) causes or makes any data, information, image, program, signal, or sound 
26.15 	unintelligible or unusable; or
26.16 	(2) prevents, impedes, delays, or disrupts access to any data, information, image, 
26.17 	program, signal, or sound.

26.18 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
26.19 	committed on or after that date.

26.20 	Sec. 33. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
26.21 	to read:
26.22 		Subd. 14.Personal data. "Personal data" means any computer property or 
26.23 	computer program which contains records of the employment, salary, credit, or other 
26.24 	financial or personal information relating to another person.

26.25 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
26.26 	committed on or after that date.

26.27 	Sec. 34. Minnesota Statutes 2004, section 609.891, subdivision 1, is amended to read:
26.28 		Subdivision 1.Crime. A person is guilty of unauthorized computer access if the 
26.29 	person intentionally and without authorityauthorization attempts to or does penetrate a 
26.30 	computer security system.

27.1 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
27.2 	committed on or after that date.

27.3 	Sec. 35. Minnesota Statutes 2004, section 609.891, subdivision 3, is amended to read:
27.4 		Subd. 3.Gross misdemeanor. (a) A person who violates subdivision 1 in a manner 
27.5 	that creates a risk to public health and safety is guilty of a gross misdemeanor and may 
27.6 	be sentenced to imprisonment for a term of not more than one year or to payment of 
27.7 	a fine of not more than $3,000, or both.
27.8 	(b) A person who violates subdivision 1 in a manner that compromises the security 
27.9 	of data that are protected under section  609.52, subdivision 2, clause (8), or are not public 
27.10 	data as defined in section  13.02, subdivision 8a, is guilty of a gross misdemeanor and may 
27.11 	be sentenced under paragraph (a). 
27.12 	(c) A person who violates subdivision 1 and gains access to personal data is guilty of 
27.13 	a gross misdemeanor and may be sentenced under paragraph (a).
27.14 	(d) A person who is convicted of a second or subsequent misdemeanor violation of 
27.15 	subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced 
27.16 	under paragraph (a).

27.17 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
27.18 	committed on or after that date.

27.19 	Sec. 36. [609.8912] CRIMINAL USE OF ENCRYPTION.
27.20 		Subdivision 1.Crime. Whoever intentionally uses or attempts to use encryption to 
27.21 	do any of the following is guilty of criminal use of encryption and may be sentenced as 
27.22 	provided in subdivision 2:
27.23 	(1) to commit, further, or facilitate conduct constituting a crime;
27.24 	(2) to conceal the commission of any crime;
27.25 	(3) to conceal or protect the identity of a person who has committed any crime; or
27.26 	(4) to prevent, impede, delay, or disrupt the normal operation or use of another's 
27.27 	computer, computer program, or computer system.
27.28 		Subd. 2.Penalties. (a) A person who violates subdivision 1 may be sentenced 
27.29 	to imprisonment for not more than five years or to payment of a fine of not more than 
27.30 	$10,000, or both, if:
27.31 	(1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony; or
27.32 	(2) the person has two or more prior convictions for an offense under this section, 
27.33 	section 609.88, 609.89, 609.891, or 609.8913, or similar laws of other states, the United 
27.34 	States, the District of Columbia, tribal lands, and United States territories.
28.1 	(b) A person who violates subdivision 1, under circumstances not described in 
28.2 	paragraph (a), is guilty of a gross misdemeanor and may be sentenced to imprisonment for 
28.3 	not more than one year or to payment of a fine of not more than $3,000, or both.

28.4 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
28.5 	committed on or after that date.

28.6 	Sec. 37. [609.8913] FACILITATING ACCESS TO A COMPUTER SECURITY 
28.7 	SYSTEM.
28.8 	A person is guilty of a gross misdemeanor if the person knows or has reason to 
28.9 	know that by facilitating access to a computer security system the person is aiding 
28.10 	another who intends to commit a crime and in fact commits a crime. For purposes of this 
28.11 	section, "facilitating access" includes the intentional disclosure of a computer password, 
28.12 	identifying code, personal information number, or other confidential information about a 
28.13 	computer security system which provides a person with the means or opportunity for the 
28.14 	commission of a crime.

28.15 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
28.16 	committed on or after that date.

28.17 	Sec. 38. Minnesota Statutes 2004, section 617.246, is amended by adding a subdivision 
28.18 	to read:
28.19 		Subd. 7.Conditional release term. Notwithstanding the statutory maximum 
28.20 	sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 
28.21 	when a court commits a person to the custody of the commissioner of corrections for 
28.22 	violating this section, the court shall provide that after the person has completed the 
28.23 	sentence imposed, the commissioner shall place the person on conditional release for 
28.24 	five years, minus the time the offender served on supervised release. If the person has 
28.25 	previously been convicted of a violation of this section, section 609.342, 609.343, 
28.26 	609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United 
28.27 	States, this state, or any state, the commissioner shall place the person on conditional 
28.28 	release for ten years, minus the time the offender served on supervised release. The terms 
28.29 	of conditional release are governed by section 609.3455, subdivision 8.

28.30 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
28.31 	committed on or after that date. 

29.1 	Sec. 39. Minnesota Statutes 2004, section 617.247, is amended by adding a subdivision 
29.2 	to read:
29.3 		Subd. 9.Conditional release term. Notwithstanding the statutory maximum 
29.4 	sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 
29.5 	when a court commits a person to the custody of the commissioner of corrections for 
29.6 	violating this section, the court shall provide that after the person has completed the 
29.7 	sentence imposed, the commissioner shall place the person on conditional release for 
29.8 	five years, minus the time the offender served on supervised release. If the person has 
29.9 	previously been convicted of a violation of this section, section 609.342, 609.343, 
29.10 	609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United 
29.11 	States, this state, or any state, the commissioner shall place the person on conditional 
29.12 	release for ten years, minus the time the offender served on supervised release. The terms 
29.13 	of conditional release are governed by section 609.3455, subdivision 8.

29.14 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
29.15 	committed on or after that date. 

29.16 	Sec. 40. Minnesota Statutes 2004, section 626.77, subdivision 3, is amended to read:
29.17 		Subd. 3.Definition. As used in this section, "federal law enforcement officer" 
29.18 	means an officer or employee whether employed inside or outside the state of the Federal 
29.19 	Bureau of Investigation, the Drug Enforcement Administration, the United States Marshal 
29.20 	Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, or the 
29.21 	Immigration and Naturalization Service, the Department of Homeland Security, or the 
29.22 	United States Postal Inspection Service, or their successor agencies, who is responsible for 
29.23 	the prevention or detection of crimes or for the enforcement of the United States Code and 
29.24 	who is authorized to arrest, with or without a warrant, any individual for a violation of 
29.25 	the United States Code.

29.26 	EFFECTIVE DATE. This section is effective August 1, 2006.

29.27 	Sec. 41. Laws 2005, chapter 136, article 16, section 3, the effective date, is amended to 
29.28 	read:
29.29 	EFFECTIVE DATE. This section is effective the day  following final enactment 
29.30 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
29.31 	sought on or  after that date.  This section expires February 1, 2007. 

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

30.1 	Sec. 42. Laws 2005, chapter 136, article 16, section 4, the effective date, is amended to 
30.2 	read:
30.3 	EFFECTIVE DATE. This section is effective the day  following final enactment 
30.4 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
30.5 	sought on or  after that date.  This section expires February 1, 2007. 

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

30.7 	Sec. 43. Laws 2005, chapter 136, article 16, section 5, the effective date, is amended to 
30.8 	read:
30.9 	EFFECTIVE DATE. This section is effective the day  following final enactment 
30.10 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
30.11 	sought on or  after that date.  This section expires February 1, 2007. 

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

30.13 	Sec. 44. Laws 2005, chapter 136, article 16, section 6, the effective date, is amended to 
30.14 	read:
30.15 	EFFECTIVE DATE. This section is effective the day  following final enactment 
30.16 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
30.17 	sought on or  after that date.  This section expires February 1, 2007. 

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

30.19 	Sec. 45. COLLATERAL CONSEQUENCES COMMITTEE.
 30.20 		Subdivision 1.Establishment; duties. A collateral consequences committee 
30.21 	is established to study collateral consequences of adult convictions and juvenile 
30.22 	adjudications. The committee shall identify the uses of collateral consequences of 
30.23 	convictions and adjudications and recommend any proposed changes to the legislature on 
30.24 	collateral consequences.
30.25 		Subd. 2.Resources. The Department of Corrections shall provide technical 
30.26 	assistance to the committee on request, with the assistance of the commissioner of public 
30.27 	safety and the Sentencing Guidelines Commission.
30.28 		Subd. 3.Membership. The committee consists of:
30.29 	(1) one representative from each of the following groups:
30.30 	(i) crime victim advocates, appointed by the commissioner of public safety;
30.31 	(ii) county attorneys, appointed by the Minnesota County Attorneys Association;
30.32 	(iii) city attorneys, appointed by the League of Minnesota Cities;
31.1 	(iv) district court judges, appointed by the Judicial Council;
31.2 	(v) private criminal defense attorneys, appointed by the Minnesota Association of 
31.3 	Criminal Defense Lawyers;
31.4 	(vi) probation officers, appointed by the Minnesota Association of County Probation 
31.5 	Officers; and
31.6 	(vii) the state public defender or a designee; and
31.7 	(2) the commissioner of public safety, or a designee, who shall chair the group.
31.8 		Subd. 4.Report and recommendations. The committee shall present the 
31.9 	legislature with its report and recommendations no later than January 15, 2007. The 
31.10 	report must be presented to the chairs of the senate Crime Prevention and Public Safety 
31.11 	Committee and the house Public Safety and Finance Committee.

31.12 	EFFECTIVE DATE. This section is effective July 1, 2006.

31.13 	Sec. 46. SENTENCING GUIDELINES MODIFICATIONS.
 31.14 	(a) Except as provided in paragraph (b), the modifications related to sex offenses 
31.15 	proposed by the Minnesota Sentencing Guidelines Commission and described in the 
31.16 	January 2006 Report to the Legislature, pages 31 to 45, are adopted and take effect on 
31.17 	August 1, 2006.
31.18 	(b) The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1, 
31.19 	clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and (l), are rejected 
31.20 	and do not take effect.
31.21 	(c) The commission is requested to rank violations of:
31.22 	(1) Minnesota Statutes, section 609.344, subdivision 1, clauses (h), (i), and (l), 
31.23 	at severity level C; 
31.24 	(2) Minnesota Statutes, section 609.344, subdivision 1, clause (a), at severity level D;
31.25 	(3) Minnesota Statutes, section 609.345, subdivision 1, clauses (h), (i), and (l), 
31.26 	at severity level E; and 
31.27 	(4) Minnesota Statutes, section 609.345, subdivision 1, clause (a), at severity level F.
31.28 	(d) If the commission decides to make the changes requested in paragraph (c), it 
31.29 	shall ensure that the changes are effective on August 1, 2006, and publish an updated 
31.30 	version of the sentencing guidelines that include the changes by that date.

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

31.32 	Sec. 47. REVISOR'S INSTRUCTION.
 32.1 	When appropriate, the revisor of statutes shall replace statutory references to 
32.2 	Minnesota Statutes, section 609.108, with references to section 609.3455, subdivision 3a.

32.3 	EFFECTIVE DATE. This section is effective August 1, 2006.

32.4 	Sec. 48.  REPEALER.
 32.5 	Minnesota Statutes 2004, sections 609.108, subdivision 5; and 609.109, subdivisions 
32.6 	1 and 3, and Minnesota Statutes 2005 Supplement, sections 609.108, subdivisions 1, 3, 4, 
32.7 	6, and 7; and 609.109, subdivisions 2, 4, 5, and 6, are repealed.

32.8 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
32.9 	committed on or after that date.

32.10 	ARTICLE 2
32.11 	CONTROLLED SUBSTANCES, DWI, AND TRAFFIC SAFETY PROVISIONS

32.12 	Section 1. Minnesota Statutes 2004, section 169.13, is amended to read:
32.13 	169.13 RECKLESS OR CARELESS DRIVING.
32.14 		Subdivision 1.Reckless driving. (a) Any person who drives any vehicle in such a 
32.15 	manner as to indicate either a willful or a wanton disregard for the safety of persons or 
32.16 	property is guilty of reckless driving and such reckless driving is a misdemeanor.
32.17 	(b) A person shall not race any vehicle upon any street or highway of this state. 
32.18 	Any person who willfully compares or contests relative speeds by operating one or more 
32.19 	vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed 
32.20 	contested or compared is in excess of the maximum speed prescribed by law.
32.21 		Subd. 2.Careless driving. Any person who operates or halts any vehicle upon any 
32.22 	street or highway carelessly or heedlessly in disregard of the rights of others, or in a 
32.23 	manner that endangers or is likely to endanger any property or any person, including the 
32.24 	driver or passengers of the vehicle, is guilty of a misdemeanor.
32.25 		Subd. 3.Application. (a) The provisions of this section apply, but are not limited in 
32.26 	application, to any person who drives any vehicle in the manner prohibited by this section:
32.27 	(1) upon the ice of any lake, stream, or river, including but not limited to the ice of 
32.28 	any boundary water; or
32.29 	(2) in a parking lot ordinarily used by or available to the public though not as a 
32.30 	matter of right, and a driveway connecting such a the  parking lot with a street or highway.
32.31 	(b) This section does not apply to:
32.32 	(1) an authorized emergency vehicle, when responding to an emergency call or when 
32.33 	in pursuit of an actual or suspected violator; 
33.1 	(2) the emergency operation of any vehicle when avoiding imminent danger; or
33.2 	(3) any raceway, racing facility, or other public event sanctioned by the appropriate 
33.3 	governmental authority.

33.4 	EFFECTIVE DATE. This section is effective August 1, 2006, for violations 
33.5 	committed on or after that date.

33.6 	Sec. 2. Minnesota Statutes 2004, section 169A.20, subdivision 1, is amended to read:
33.7 		Subdivision 1.Driving while impaired crime. It is a crime for any person to 
33.8 	drive, operate, or be in physical control of any motor vehicle within this state or on any 
33.9 	boundary water of this state:
33.10 	(1) when the person is under the influence of alcohol;
33.11 	(2) when the person is under the influence of a controlled substance;
33.12 	(3) when the person is knowingly under the influence of a hazardous substance that 
33.13 	affects the nervous system, brain, or muscles of the person so as to substantially impair 
33.14 	the person's ability to drive or operate the motor vehicle;
33.15 	(4) when the person is under the influence of a combination of any two or more of 
33.16 	the elements named in clauses (1), (2), and (3);
33.17 	(5) when the person's alcohol concentration at the time, or as measured within 
33.18 	two hours of the time, of driving, operating, or being in physical control of the motor 
33.19 	vehicle is 0.08 or more;
33.20 	(6) when the vehicle is a commercial motor vehicle and the person's alcohol 
33.21 	concentration at the time, or as measured within two hours of the time, of driving, 
33.22 	operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
33.23 	(7) when the person's body contains any amount of a controlled substance listed in 
33.24 	schedule I or II, or its metabolite,  other than marijuana or tetrahydrocannabinols.

33.25 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
33.26 	impaired driving incidents occurring on or after that date. 

33.27 	Sec. 3. Minnesota Statutes 2004, section 169A.24, subdivision 1, is amended to read:
33.28 		Subdivision 1.Degree described. A person who violates section  169A.20 (driving 
33.29 	while impaired) is guilty of first-degree driving while impaired if the person: 
33.30 	(1) commits the violation within ten years of the first of three or more qualified 
33.31 	prior impaired driving incidents; or
33.32 	(2) has previously been convicted of a felony under this section; or
34.1 	(3) has previously been convicted of a felony under section 609.21, subdivision 1, 
34.2 	clause (2), (3), (4), (5), or (6); subdivision 2, clause (2), (3), (4), (5), or (6); subdivision 2a, 
34.3 	clause (2), (3), (4), (5), or (6); subdivision 3, clause (2), (3), (4), (5), or (6); or subdivision 
34.4 	4, clause (2), (3), (4), (5), or (6).

34.5 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
34.6 	committed on or after that date. 

34.7 	Sec. 4. Minnesota Statutes 2004, section 169A.28, subdivision 1, is amended to read:
34.8 		Subdivision 1.Mandatory consecutive sentences. (a) The court shall impose 
34.9 	consecutive sentences when it sentences a person for:
34.10 	(1) violations of section  169A.20 (driving while impaired) arising out of separate 
34.11 	courses of conduct; 
34.12 	(2) a violation of section  169A.20 when the person, at the time of sentencing, is 
34.13 	on probation for, or serving, an executed sentence for a violation of section  169A.20
34.14 	or Minnesota Statutes 1998, section  169.121 (driver under the influence of alcohol or 
34.15 	controlled substance) or  169.129 (aggravated DWI-related violations; penalty), and the 
34.16 	prior sentence involved a separate course of conduct; or 
34.17 	(3) a violation of section  169A.20 and another offense arising out of a single course 
34.18 	of conduct that is listed in subdivision 2, paragraph (e), when the person has five or more 
34.19 	qualified prior impaired driving incidents within the past ten years. 
34.20 	(b) The requirement for consecutive sentencing in paragraph (a) does not apply if the 
34.21 	person is being sentenced to an executed prison term for a violation of section 169A.20 
34.22 	(driving while impaired) under circumstances described in section 169A.24 (first-degree 
34.23 	driving while impaired). 

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

34.25 	Sec. 5. Minnesota Statutes 2004, section 169A.45, subdivision 1, is amended to read:
34.26 		Subdivision 1.Alcohol concentration evidence. Upon the trial of any prosecution 
34.27 	arising out of acts alleged to have been committed by any person arrested for violating 
34.28 	section  169A.20 (driving while impaired) or  169A.31 (alcohol-related school bus or Head 
34.29 	Start bus driving), the court may admit evidence of the presence or amount of alcohol in 
34.30 	the person's blood, breath, or urine as shown by an analysis of those items. In addition, 
34.31 	in a prosecution for a violation of section  169A.20, the court may admit evidence of 
34.32 	the presence or amount in the person's blood, breath, or urine, as shown by an analysis 
34.33 	of those items, of: 
35.1 	(1) a  controlled substances substance  or its metabolite; or 
35.2 	(2) a  hazardous substances in the person's blood, breath, or urine as shown by an 
35.3 	analysis of those items substance. 

35.4 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
35.5 	impaired driving incidents occurring on or after that date. 

35.6 	Sec. 6. Minnesota Statutes 2004, section 169A.51, subdivision 1, is amended to read:
35.7 		Subdivision 1.Implied consent; conditions; election of test. (a) Any person 
35.8 	who drives, operates, or is in physical control of a motor vehicle within this state or on 
35.9 	any boundary water of this state consents, subject to the provisions of sections  169A.50
35.10 	to  169A.53 (implied consent law), and section  169A.20 (driving while impaired), to a 
35.11 	chemical test of that person's blood, breath, or urine for the purpose of determining the 
35.12 	presence of alcohol, a controlled substances substance or its metabolite, or a hazardous 
35.13 	substances substance. The test must be administered at the direction of a peace officer. 
35.14 	(b) The test may be required of a person when an officer has probable cause to believe 
35.15 	the person was driving, operating, or in physical control of a motor vehicle in violation of 
35.16 	section  169A.20 (driving while impaired), and one of the following conditions exist: 
35.17 	(1) the person has been lawfully placed under arrest for violation of section  169A.20
35.18 	or an ordinance in conformity with it; 
35.19 	(2) the person has been involved in a motor vehicle accident or collision resulting in 
35.20 	property damage, personal injury, or death;
35.21 	(3) the person has refused to take the screening test provided for by section  169A.41
35.22 	(preliminary screening test); or 
35.23 	(4) the screening test was administered and indicated an alcohol concentration of 
35.24 	0.08 or more.
35.25 	(c) The test may also be required of a person when an officer has probable cause to 
35.26 	believe the person was driving, operating, or in physical control of a commercial motor 
35.27 	vehicle with the presence of any alcohol.

35.28 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
35.29 	impaired driving incidents occurring on or after that date. 

35.30 	Sec. 7. Minnesota Statutes 2004, section 169A.51, subdivision 2, is amended to read:
35.31 		Subd. 2.Implied consent advisory. At the time a test is requested, the person 
35.32 	must be informed:
35.33 	(1) that Minnesota law requires the person to take a test:
36.1 	(i) to determine if the person is under the influence of alcohol, controlled substances, 
36.2 	or hazardous substances;
36.3 	(ii) to determine the presence of a controlled substance listed in schedule I or II or 
36.4 	metabolite, other than marijuana or tetrahydrocannabinols; and
36.5 	(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence 
36.6 	of alcohol;
36.7 	(2) that refusal to take a test is a crime;
36.8 	(3) if the peace officer has probable cause to believe the person has violated the 
36.9 	criminal vehicular homicide and injury laws, that a test will be taken with or without 
36.10 	the person's consent; and
36.11 	(4) that the person has the right to consult with an attorney, but that this right is 
36.12 	limited to the extent that it cannot unreasonably delay administration of the test.

36.13 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
36.14 	impaired driving incidents occurring on or after that date. 

36.15 	Sec. 8. Minnesota Statutes 2004, section 169A.51, subdivision 4, is amended to read:
36.16 		Subd. 4.Requirement of urine or blood test. Notwithstanding subdivision 3, a 
36.17 	blood or urine test may be required even after a breath test has been administered if there 
36.18 	is probable cause to believe that:
36.19 	(1) there is impairment by a controlled substance or a hazardous substance that is 
36.20 	not subject to testing by a breath test; or
36.21 	(2) a controlled substance listed in schedule I or II or its metabolite, other than 
36.22 	marijuana or tetrahydrocannabinols, is present in the person's body.
36.23 	Action may be taken against a person who refuses to take a blood test under this 
36.24 	subdivision only if a urine test was offered and action may be taken against a person who 
36.25 	refuses to take a urine test only if a blood test was offered.

36.26 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
36.27 	impaired driving incidents occurring on or after that date. 

36.28 	Sec. 9. Minnesota Statutes 2004, section 169A.51, subdivision 7, is amended to read:
36.29 		Subd. 7.Requirements for conducting tests; liability. (a) Only a physician, 
36.30 	medical technician, emergency medical technician-paramedic, registered nurse, medical 
36.31 	technologist, medical laboratory technician, or laboratory assistant acting at the request 
36.32 	of a peace officer may withdraw blood for the purpose of determining the presence of 
37.1 	alcohol, a controlled substances substance or its metabolite, or a hazardous substances
37.2 	substance. This limitation does not apply to the taking of a breath or urine sample.
37.3 	(b) The person tested has the right to have someone of the person's own choosing 
37.4 	administer a chemical test or tests in addition to any administered at the direction of a 
37.5 	peace officer; provided, that the additional test sample on behalf of the person is obtained 
37.6 	at the place where the person is in custody, after the test administered at the direction of a 
37.7 	peace officer, and at no expense to the state. The failure or inability to obtain an additional 
37.8 	test or tests by a person does not preclude the admission in evidence of the test taken at 
37.9 	the direction of a peace officer unless the additional test was prevented or denied by the 
37.10 	peace officer.
37.11 	(c) The physician, medical technician, emergency medical technician-paramedic, 
37.12 	medical technologist, medical laboratory technician, laboratory assistant, or registered 
37.13 	nurse drawing blood at the request of a peace officer for the purpose of determining 
37.14 	the concentration of alcohol, a controlled substances substance or its metabolite, or a 
37.15 	hazardous substances substance  is in no manner liable in any civil or criminal action 
37.16 	except for negligence in drawing the blood. The person administering a breath test must 
37.17 	be fully trained in the administration of breath tests pursuant to training given by the 
37.18 	commissioner of public safety.

37.19 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
37.20 	impaired driving incidents occurring on or after that date. 

37.21 	Sec. 10. Minnesota Statutes 2004, section 169A.52, subdivision 2, is amended to read:
37.22 		Subd. 2.Reporting test failure. (a) If a person submits to a test, the results of that 
37.23 	test must be reported to the commissioner and to the authority having responsibility for 
37.24 	prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if 
37.25 	the test results indicate:
37.26 	(1) an alcohol concentration of 0.08 or more;
37.27 	(2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or 
37.28 	in physical control of a commercial motor vehicle at the time of the violation; or
37.29 	(3) the presence of a controlled substance listed in schedule I or II or its metabolite, 
37.30 	other than marijuana or tetrahydrocannabinols.
37.31 	(b) If a person submits to a test and the test results indicate the presence of a 
37.32 	hazardous substance, the results of that test must be reported to the authority having 
37.33 	responsibility for prosecution of impaired driving offenses for the jurisdiction in which the 
37.34 	acts occurred. 

38.1 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
38.2 	impaired driving incidents occurring on or after that date. 

38.3 	Sec. 11. Minnesota Statutes 2005 Supplement, section 169A.52, subdivision 4, is 
38.4 	amended to read:
38.5 		Subd. 4.Test failure; license revocation. (a) Upon certification by the peace 
38.6 	officer that there existed probable cause to believe the person had been driving, operating, 
38.7 	or in physical control of a motor vehicle in violation of section 169A.20 (driving 
38.8 	while impaired) and that the person submitted to a test and the test results indicate an 
38.9 	alcohol concentration of 0.08 or more or the presence of a controlled substance listed in 
38.10 	schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then 
38.11 	the commissioner shall revoke the person's license or permit to drive, or nonresident 
38.12 	operating privilege:
38.13 	(1) for a period of 90 days;
38.14 	(2) if the person is under the age of 21 years, for a period of six months;
38.15 	(3) for a person with a qualified prior impaired driving incident within the past ten 
38.16 	years, for a period of 180 days; or
38.17 	(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice 
38.18 	the applicable period in clauses (1) to (3).
38.19 	(b) On certification by the peace officer that there existed probable cause to believe 
38.20 	the person had been driving, operating, or in physical control of a commercial motor 
38.21 	vehicle with any presence of alcohol and that the person submitted to a test and the 
38.22 	test results indicated an alcohol concentration of 0.04 or more, the commissioner shall 
38.23 	disqualify the person from operating a commercial motor vehicle under section 171.165
38.24 	(commercial driver's license disqualification).
38.25 	(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau 
38.26 	of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood 
38.27 	or urine sample, the laboratory may directly certify to the commissioner the test results, 
38.28 	and the peace officer shall certify to the commissioner that there existed probable cause to 
38.29 	believe the person had been driving, operating, or in physical control of a motor vehicle 
38.30 	in violation of section 169A.20 and that the person submitted to a test. Upon receipt 
38.31 	of both certifications, the commissioner shall undertake the license actions described 
38.32 	in paragraphs (a) and (b).

38.33 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
38.34 	impaired driving incidents occurring on or after that date. 

39.1 	Sec. 12. Minnesota Statutes 2005 Supplement, section 169A.53, subdivision 3, is 
39.2 	amended to read:
39.3 		Subd. 3.Judicial hearing; issues, order, appeal. (a) A judicial review hearing 
39.4 	under this section must be before a district judge in any county in the judicial district 
39.5 	where the alleged offense occurred. The hearing is to the court and may be conducted at 
39.6 	the same time and in the same manner as hearings upon pretrial motions in the criminal 
39.7 	prosecution under section 169A.20 (driving while impaired), if any. The hearing must be 
39.8 	recorded. The commissioner shall appear and be represented by the attorney general or 
39.9 	through the prosecuting authority for the jurisdiction involved. The hearing must be held 
39.10 	at the earliest practicable date, and in any event no later than 60 days following the filing 
39.11 	of the petition for review. The judicial district administrator shall establish procedures to 
39.12 	ensure efficient compliance with this subdivision. To accomplish this, the administrator 
39.13 	may, whenever possible, consolidate and transfer review hearings among the locations 
39.14 	within the judicial district where terms of district court are held.
39.15 	(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
39.16 	(1) Did the peace officer have probable cause to believe the person was driving, 
39.17 	operating, or in physical control of a motor vehicle or commercial motor vehicle in 
39.18 	violation of section 169A.20 (driving while impaired)?
39.19 	(2) Was the person lawfully placed under arrest for violation of section 169A.20?
39.20 	(3) Was the person involved in a motor vehicle accident or collision resulting in 
39.21 	property damage, personal injury, or death?
39.22 	(4) Did the person refuse to take a screening test provided for by section 169A.41
39.23 	(preliminary screening test)?
39.24 	(5) If the screening test was administered, did the test indicate an alcohol 
39.25 	concentration of 0.08 or more?
39.26 	(6) At the time of the request for the test, did the peace officer inform the person 
39.27 	of the person's rights and the consequences of taking or refusing the test as required by 
39.28 	section 169A.51, subdivision 2?
39.29 	(7) Did the person refuse to permit the test?
39.30 	(8) If a test was taken by a person driving, operating, or in physical control of a 
39.31 	motor vehicle, did the test results indicate at the time of testing:
39.32 	(i) an alcohol concentration of 0.08 or more; or
39.33 	(ii) the presence of a controlled substance listed in schedule I or II or its metabolite, 
39.34 	other than marijuana or tetrahydrocannabinols?
40.1 	(9) If a test was taken by a person driving, operating, or in physical control of a 
40.2 	commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or 
40.3 	more at the time of testing?
40.4 	(10) Was the testing method used valid and reliable and were the test results 
40.5 	accurately evaluated?
40.6 	(c) It is an affirmative defense for the petitioner to prove that, at the time of the 
40.7 	refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
40.8 	(d) Certified or otherwise authenticated copies of laboratory or medical personnel 
40.9 	reports, records, documents, licenses, and certificates are admissible as substantive 
40.10 	evidence.
40.11 	(e) The court shall order that the revocation or disqualification be either rescinded or 
40.12 	sustained and forward the order to the commissioner. The court shall file its order within 
40.13 	14 days following the hearing. If the revocation or disqualification is sustained, the court 
40.14 	shall also forward the person's driver's license or permit to the commissioner for further 
40.15 	action by the commissioner if the license or permit is not already in the commissioner's 
40.16 	possession.
40.17 	(f) Any party aggrieved by the decision of the reviewing court may appeal the 
40.18 	decision as provided in the Rules of Appellate Procedure.
40.19 	(g) The civil hearing under this section shall not give rise to an estoppel on any 
40.20 	issues arising from the same set of circumstances in any criminal prosecution.

40.21 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
40.22 	impaired driving incidents occurring on or after that date. 

40.23 	Sec. 13. Minnesota Statutes 2004, section 169A.60, subdivision 2, is amended to read:
40.24 		Subd. 2.Plate impoundment violation; impoundment order. (a) The 
40.25 	commissioner shall issue a registration plate impoundment order when:
40.26 	(1) a person's driver's license or driving privileges are revoked for a plate 
40.27 	impoundment violation; or
40.28 	(2) a person is arrested for or charged with a plate impoundment violation described 
40.29 	in subdivision 1, paragraph (c) (d), clause (5).
40.30 	(b) The order must require the impoundment of the registration plates of the motor 
40.31 	vehicle involved in the plate impoundment violation and all motor vehicles owned by, 
40.32 	registered, or leased in the name of the violator, including motor vehicles registered jointly 
40.33 	or leased in the name of the violator and another. The commissioner shall not issue an 
40.34 	impoundment order for the registration plates of a rental vehicle, as defined in section  
40.35 	168.041, subdivision 10, or a vehicle registered in another state. 

41.1 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
41.2 	impaired driving incidents occurring on or after that date. 

41.3 	Sec. 14. Minnesota Statutes 2004, section 169A.60, subdivision 4, is amended to read:
41.4 		Subd. 4.Peace officer as agent for notice of impoundment. On behalf of the 
41.5 	commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a 
41.6 	plate impoundment violation shall also serve a notice of intent to impound and an order of 
41.7 	impoundment. On behalf of the commissioner, a peace officer who is arresting a person 
41.8 	for or charging a person with a plate impoundment violation described in subdivision 
41.9 	1, paragraph (c) (d), clause (5), shall also serve a notice of intent to impound and an 
41.10 	order of impoundment. If the vehicle involved in the plate impoundment violation is 
41.11 	accessible to the officer at the time the impoundment order is issued, the officer shall seize 
41.12 	the registration plates subject to the impoundment order. The officer shall destroy all 
41.13 	plates seized or impounded under this section. The officer shall send to the commissioner 
41.14 	copies of the notice of intent to impound and the order of impoundment and a notice that 
41.15 	registration plates impounded and seized under this section have been destroyed.

41.16 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
41.17 	impaired driving incidents occurring on or after that date. 

41.18 	Sec. 15. Minnesota Statutes 2005 Supplement, section 171.05, subdivision 2b, is 
41.19 	amended to read:
41.20 		Subd. 2b.Instruction permit use by person under age 18. (a) This subdivision 
41.21 	applies to persons who have applied for and received an instruction permit under 
41.22 	subdivision 2.
41.23 	(b) The permit holder may, with the permit in possession, operate a motor vehicle, 
41.24 	but must be accompanied by and be under the supervision of a certified driver education 
41.25 	instructor, the permit holder's parent or guardian, or another licensed driver age 21 or 
41.26 	older. The supervisor must occupy the seat beside the permit holder.
41.27 	(c) The permit holder may operate a motor vehicle only when every occupant under 
41.28 	the age of 18 has a seat belt or child passenger restraint system properly fastened. A 
41.29 	person who violates this paragraph is subject to a fine of $25. A peace officer may 
41.30 	not issue a citation for a violation of this paragraph unless the officer lawfully stopped 
41.31 	or detained the driver of the motor vehicle for a moving violation as defined in section 
41.32 	171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on 
41.33 	a person's driving record.
42.1 	(d) The permit holder may not operate a vehicle while communicating over, or 
42.2 	otherwise operating, a cellular or wireless telephone, whether handheld or hands free, 
42.3 	when the vehicle is in motion. The permit holder may assert as an affirmative defense that 
42.4 	the violation was made for the sole purpose of obtaining emergency assistance to prevent 
42.5 	a crime about to be committed, or in the reasonable belief that a person's life or safety 
42.6 	was in danger. Violation of this paragraph is a petty misdemeanor subject to section 
42.7 	169.89, subdivision 2.
42.8 	(e) The permit holder must maintain a driving record free of convictions for moving 
42.9 	violations, as defined in section 171.04, subdivision 1, and free of convictions for violation 
42.10 	of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit 
42.11 	holder drives a motor vehicle in violation of the law, the commissioner shall suspend, 
42.12 	cancel, or revoke the permit in accordance with the statutory section violated.

42.13 	EFFECTIVE DATE. This section is effective June 1, 2006, and applies to 
42.14 	violations committed on and after that date.

42.15 	Sec. 16. Minnesota Statutes 2005 Supplement, section 171.055, subdivision 2, is 
42.16 	amended to read:
42.17 		Subd. 2.Use of provisional license. (a) A provisional license holder may operate a 
42.18 	motor vehicle only when every occupant under the age of 18 has a seat belt or child 
42.19 	passenger restraint system properly fastened. A person who violates this paragraph is 
42.20 	subject to a fine of $25. A peace officer may not issue a citation for a violation of this 
42.21 	paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle 
42.22 	for a moving violation as defined in section 171.04. The commissioner shall not record a 
42.23 	violation of this paragraph on a person's driving record.
42.24 	(b) A provisional license holder may not operate a vehicle while communicating 
42.25 	over, or otherwise operating, a cellular or wireless telephone, whether handheld or 
42.26 	hands free, when the vehicle is in motion. The provisional license holder may assert 
42.27 	as an affirmative defense that the violation was made for the sole purpose of obtaining 
42.28 	emergency assistance to prevent a crime about to be committed, or in the reasonable 
42.29 	belief that a person's life or safety was in danger. Violation of this paragraph is a petty 
42.30 	misdemeanor subject to section 169.89, subdivision 2.
42.31 	(c) If the holder of a provisional license during the period of provisional licensing 
42.32 	incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 
42.33 	169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more 
42.34 	than one conviction for a moving violation that is not crash related, the person may not be 
43.1 	issued a driver's license until 12 consecutive months have expired since the date of the 
43.2 	conviction or until the person reaches the age of 18 years, whichever occurs first.

43.3 	EFFECTIVE DATE. This section is effective June 1, 2006, and applies to 
43.4 	violations committed on and after that date. 

43.5 	Sec. 17. Minnesota Statutes 2005 Supplement, section 171.18, subdivision 1, is 
43.6 	amended to read:
43.7 		Subdivision 1.Offenses. (a) The commissioner may suspend the license of a driver 
43.8 	without preliminary hearing upon a showing by department records or other sufficient 
43.9 	evidence that the licensee:
43.10 	(1) has committed an offense for which mandatory revocation of license is required 
43.11 	upon conviction;
43.12 	(2) has been convicted by a court for violating a provision of chapter 169 or 
43.13 	an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and 
43.14 	department records show that the violation contributed in causing an accident resulting in 
43.15 	the death or personal injury of another, or serious property damage;
43.16 	(3) is an habitually reckless or negligent driver of a motor vehicle;
43.17 	(4) is an habitual violator of the traffic laws;
43.18 	(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
43.19 	(6) has permitted an unlawful or fraudulent use of the license;
43.20 	(7) has committed an offense in another state that, if committed in this state, would 
43.21 	be grounds for suspension;
43.22 	(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), 
43.23 	within five years of a prior conviction under that section;
43.24 	(9) has committed a violation of section 171.22, except that the commissioner may 
43.25 	not suspend a person's driver's license based solely on the fact that the person possessed a 
43.26 	fictitious or fraudulently altered Minnesota identification card;
43.27 	(10) has failed to appear in court as provided in section 169.92, subdivision 4;
43.28 	(11) has failed to report a medical condition that, if reported, would have resulted in 
43.29 	cancellation of driving privileges;
43.30 	(12) has been found to have committed an offense under section 169A.33; or
43.31 	(13) has paid or attempted to pay a fee required under this chapter for a license or 
43.32 	permit by means of a dishonored check issued to the state or a driver's license agent, 
43.33 	which must be continued until the registrar determines or is informed by the agent that 
43.34 	the dishonored check has been paid in full.
44.1 	However, an action taken by the commissioner under clause (2) or (5) must conform to 
44.2 	the recommendation of the court when made in connection with the prosecution of the 
44.3 	licensee.
44.4 	(b) The commissioner may not suspend the driver's license of an individual under 
44.5 	paragraph (a) who was convicted of a violation of section 171.24, subdivision 1, whose 
44.6 	license was under suspension at the time solely because of the individual's failure to 
44.7 	appear in court or failure to pay a fine.

44.8 	EFFECTIVE DATE. This section is effective July 1, 2006.

44.9 	Sec. 18. Minnesota Statutes 2004, section 253B.02, subdivision 2, is amended to read:
44.10 		Subd. 2.Chemically dependent person. "Chemically dependent person" means 
44.11 	any person (a) determined as being incapable of self-management or management of 
44.12 	personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other 
44.13 	mind-altering substances; and (b) whose recent conduct as a result of habitual and 
44.14 	excessive use of alcohol, drugs, or other mind-altering substances poses a substantial 
44.15 	likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or 
44.16 	threat to physically harm self or others, (ii) evidence of recent serious physical problems, 
44.17 	or (iii) a failure to obtain necessary food, clothing, shelter, or medical care. "Chemically 
44.18 	dependent person" also means a pregnant woman who has engaged during the pregnancy 
44.19 	in habitual or excessive use, for a nonmedical purpose, of any of the following controlled 
44.20 	substances or their derivatives: opium, cocaine, heroin, phencyclidine, methamphetamine, 
44.21 	or amphetamine.

44.22 	EFFECTIVE DATE. This section is effective July 1, 2006.

44.23 	Sec. 19. REMEDIATION OF HARM CAUSED BY MISDEMEANOR 
44.24 	CONVICTIONS FOR MINORS DRIVING WITH MOBILE PHONES.
 44.25 		Subdivision 1. Remediation by commissioner.  For infractions that occurred 
44.26 	between July 1, 2005, and June 30, 2006, the commissioner of public safety shall expunge 
44.27 	from a licensee's driving record a misdemeanor conviction for violating Minnesota 
44.28 	Statutes, section 171.05, subdivision 2b, paragraph (d), or 171.055, subdivision 2, 
44.29 	paragraph (b).  The commissioner is not obligated to expunge petty misdemeanor 
44.30 	violations of the statutes referenced in this subdivision.
44.31 		Subd. 2. Remediation by courts.  (a) A court in which a person was convicted for a 
44.32 	misdemeanor violation of Minnesota Statutes, section 171.05, subdivision 2b, paragraph 
44.33 	(d), or 171.055, subdivision 2, paragraph (b), that occurred between July 1, 2005, and 
45.1 	June 30, 2006, must vacate the conviction, on its own motion, without cost to the person 
45.2 	convicted, and must immediately notify the person that the conviction has been vacated. 
45.3 	A court shall not vacate petty misdemeanor violations of the statutes referenced in this 
45.4 	subdivision.
45.5 	(b) The commissioner of finance, in consultation with the state court administrator, 
45.6 	shall develop and implement a procedure to refund defendants for any fine in excess of 
45.7 	$300 for a conviction vacated under paragraph (a), without requiring that the defendant 
45.8 	request a refund.  The procedure may require recovery of portions of the fines that have 
45.9 	been allocated by law to local governmental units.

45.10 	EFFECTIVE DATE. This section is effective July 1, 2006.

45.11 	Sec. 20.  REPEALER.
 45.12 	Minnesota Statutes 2004, section 169A.41, subdivision 4, is repealed.

45.13 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
45.14 	impaired driving violations that occur on or after that date. 

45.15 	ARTICLE 3
45.16 	PUBLIC SAFETY POLICY

45.17 	Section 1. [4.055] GOVERNOR'S RESIDENCE EMPLOYEES AND 
45.18 	GOVERNOR APPOINTEE BACKGROUND CHECKS.
45.19 	The governor's office may request a check of:
45.20 	(1) systems accessible through the criminal justice data communications network, 
45.21 	including, but not limited to, criminal history, predatory offender registration, warrants, 
45.22 	and driver license record information from the Department of Public Safety;
45.23 	(2) the statewide supervision system maintained by the Department of Corrections; 
45.24 	and
45.25 	(3) national criminal history information maintained by the Federal Bureau of 
45.26 	Investigation;
45.27 	on candidates for positions within the governor's residence or appointment by the 
45.28 	governor. The candidate shall provide the governor's office with a written authorization 
45.29 	to conduct the check of these systems. For a check of the national criminal history 
45.30 	information, the request must also include a set of fingerprints which shall be sent to 
45.31 	the Bureau of Criminal Apprehension. The bureau has the authority to exchange the 
45.32 	fingerprints with the FBI to facilitate the national background check. The superintendent 
45.33 	may recover fees associated with the background checks from the governor's office. 

46.1 	EFFECTIVE DATE. This section is effective July 1, 2006.

46.2 	Sec. 2. Minnesota Statutes 2004, section 13.82, is amended by adding a subdivision to 
46.3 	read:
46.4 		Subd. 29.Juvenile offender photographs. Notwithstanding section 260B.171, 
46.5 	chapter 609A, or other law to the contrary, photographs or electronically produced images 
46.6 	of children adjudicated delinquent under chapter 260B shall not be expunged from law 
46.7 	enforcement records or databases.

46.8 	EFFECTIVE DATE. This section is effective July 1, 2006.

46.9 	Sec. 3. Minnesota Statutes 2004, section 13.87, is amended by adding a subdivision to 
46.10 	read:
46.11 		Subd. 4. Name and index service; data classification. (a) For purposes of this 
46.12 	section, "name and event index service" means the data held by the Bureau of Criminal 
46.13 	Apprehension that link data about an individual that are stored in one or more databases 
46.14 	maintained in criminal justice agencies, as defined in section 299C.46, subdivision 2, 
46.15 	and in the judiciary.
46.16 	(b) Data collected, created, or maintained by the name and event index service 
46.17 	are classified as private data, pursuant to section 13.02, subdivision 12, and become 
46.18 	confidential data, pursuant to section 13.02, subdivision 3, when the data links private 
46.19 	or public data about a specific individual to any confidential data about that individual. 
46.20 	The data in the name and event index service revert to the private data classification when 
46.21 	no confidential data about a specific individual are maintained in the databases. The 
46.22 	classification of data in the name and event index service does not change the classification 
46.23 	of the data held in the databases linked by the service.

46.24 	EFFECTIVE DATE. This section is effective July 1, 2006.

46.25 	Sec. 4. Minnesota Statutes 2004, section 144.7401, is amended by adding a subdivision 
46.26 	to read:
46.27 		Subd. 8.Peace officer; applicability. An individual licensed as a peace officer 
46.28 	under section 626.84, subdivision 1, is considered an emergency medical services person 
46.29 	for purposes of sections 144.7401 to 144.7415 regardless of whether the officer is engaged 
46.30 	in performing emergency services.

46.31 	EFFECTIVE DATE. This section is effective July 1, 2006.

47.1 	Sec. 5. Minnesota Statutes 2004, section 155A.07, is amended by adding a subdivision 
47.2 	to read:
47.3 		Subd 2a. Licensing; felons.  The board shall adopt rules to establish a uniform 
47.4 	process and criteria by which an applicant who has been convicted of a felony shall be 
47.5 	considered for licensing. 

47.6 	EFFECTIVE DATE. This section is effective July 1, 2006.

47.7 	Sec. 6. Minnesota Statutes 2004, section 181.973, is amended to read:
47.8 	181.973 EMPLOYEE PUBLIC SAFETY PEER COUNSELING AND 
47.9 	DEBRIEFING.
47.10 	A person engaged in a public safety peer counseling or a public safety peer debriefing 
47.11 	shall not, without the permission of the person being debriefed or counseled, be allowed to 
47.12 	disclose any information or opinion which the peer group member or peer counselor has 
47.13 	acquired during the debriefing process. However, this does not prohibit a peer counselor 
47.14 	from disclosing information the peer counselor reasonably believes indicates that the 
47.15 	person may be a danger to self or others, if the information is used only for the purpose of 
47.16 	eliminating the danger to the person or others. Any information or opinion disclosed in 
47.17 	violation of this paragraph is not admissible as evidence in any personnel or occupational 
47.18 	licensing matter involving the person being debriefed or counseled.
47.19 	For purposes of this paragraphsection, "public safety peer counseling or debriefing" 
47.20 	means a group process oriented debriefing session, or one-to-one contact with a peer 
47.21 	counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, 
47.22 	or other persons involved with public safety emergency services, that is established by 
47.23 	any agency providing public safety emergency services and is designed to help a person 
47.24 	who has suffered an occupation-related traumatic event trauma, illness, or stress begin 
47.25 	the process of healing and effectively dealing with posttraumatic stress the person's 
47.26 	problems or the use of the peer counselor for direction with referrals to better service 
47.27 	these occupation-related issues. A "peer counselor" means someone so designated by 
47.28 	that agency.

47.29 	EFFECTIVE DATE. This section is effective July 1, 2006.

47.30 	Sec. 7. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 1b, is 
47.31 	amended to read:
47.32 		Subd. 1b.Registration required. (a) A person shall register under this section if:
48.1 	(1) the person was charged with or petitioned for a felony violation of or attempt to 
48.2 	violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
48.3 	of or adjudicated delinquent for that offense or another offense arising out of the same 
48.4 	set of circumstances:
48.5 	(i) murder under section 609.185, clause (2);
48.6 	(ii) kidnapping under section 609.25;
48.7 	(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 
48.8 	609.3451, subdivision 3; or 609.3453; or
48.9 	(iv) indecent exposure under section 617.23, subdivision 3;
48.10 	(2) the person was charged with or petitioned for a violation of, or attempt to 
48.11 	violate, or aiding, abetting, or conspiracy to commit false imprisonment in violation of 
48.12 	section 609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of 
48.13 	section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of 
48.14 	section 609.352; using a minor in a sexual performance in violation of section 617.246; 
48.15 	or possessing pornographic work involving a minor in violation of section 617.247, and 
48.16 	convicted of or adjudicated delinquent for that offense or another offense arising out 
48.17 	of the same set of circumstances;
48.18 	(3) the person was sentenced as a patterned sex offender under section 609.108; or
48.19 	(4) the person was convicted of or adjudicated delinquent for, including pursuant 
48.20 	to a court martial, violating a law of the United States, including the Uniform Code of 
48.21 	Military Justice, similar to the offenses described in clause (1), (2), or (3).
48.22 	(b) A person also shall register under this section if:
48.23 	(1) the person was convicted of or adjudicated delinquent in another state for an 
48.24 	offense that would be a violation of a law described in paragraph (a) if committed in 
48.25 	this state;
48.26 	(2) the person enters this state to reside, work, or attend school, or enters this state 
48.27 	and remains for 14 days or longer; and
48.28 	(3) ten years have not elapsed since the person was released from confinement 
48.29 	or, if the person was not confined, since the person was convicted of or adjudicated 
48.30 	delinquent for the offense that triggers registration, unless the person is subject to a longer 
48.31 	registration period under the laws of another state in which the person has been convicted 
48.32 	or adjudicated, or is subject to lifetime registration, in which case.
48.33 	If a person described in this paragraph is subject to a longer registration period in 
48.34 	another state or is subject to lifetime registration, the person shall register for lifethat 
48.35 	time period regardless of when the person was released from confinement, convicted, or 
48.36 	adjudicated delinquent.
49.1 	(c) A person also shall register under this section if the person was committed 
49.2 	pursuant to a court commitment order under section 253B.185 or Minnesota Statutes 
49.3 	1992, section 526.10, or a similar law of another state or the United States, regardless of 
49.4 	whether the person was convicted of any offense.
49.5 	(d) A person also shall register under this section if:
49.6 	(1) the person was charged with or petitioned for a felony violation or attempt to 
49.7 	violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another 
49.8 	state or the United States, or the person was charged with or petitioned for a violation of 
49.9 	any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or 
49.10 	the United States;
49.11 	(2) the person was found not guilty by reason of mental illness or mental deficiency 
49.12 	after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
49.13 	states with a guilty but mentally ill verdict; and
49.14 	(3) the person was committed pursuant to a court commitment order under section 
49.15 	253B.18 or a similar law of another state or the United States.

49.16 	EFFECTIVE DATE. This section is effective the day following final enactment 
49.17 	and applies to offenders residing in Minnesota on or after that date.

49.18 	Sec. 8. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4, is 
49.19 	amended to read:
49.20 		Subd. 4.Contents of registration. (a) The registration provided to the corrections 
49.21 	agent or law enforcement authority, must consist of a statement in writing signed by the 
49.22 	person, giving information required by the bureau, a fingerprint card, and photograph of 
49.23 	the person taken at the time of the person's release from incarceration or, if the person 
49.24 	was not incarcerated, at the time the person initially registered under this section. The 
49.25 	registration information also must include a written consent form signed by the person 
49.26 	allowing a treatment facility or residential housing unit or shelter to release information to 
49.27 	a law enforcement officer about the person's admission to, or residence in, a treatment 
49.28 	facility or residential housing unit or shelter. Registration information on adults and 
49.29 	juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.
49.30 	(b) For persons required to register under subdivision 1b, paragraph (c), following 
49.31 	commitment pursuant to a court commitment under section 253B.185 or a similar law 
49.32 	of another state or the United States, in addition to other information required by this 
49.33 	section, the registration provided to the corrections agent or law enforcement authority 
49.34 	must include the person's offense history and documentation of treatment received during 
50.1 	the person's commitment. This documentation is limited to a statement of how far the 
50.2 	person progressed in treatment during commitment.
50.3 	(c) Within three days of receipt, the corrections agent or law enforcement authority 
50.4 	shall forward the registration information to the bureau. The bureau shall ascertain 
50.5 	whether the person has registered with the law enforcement authority in the area of the 
50.6 	person's primary address, if any, or if the person lacks a primary address, where the person 
50.7 	is staying, as required by subdivision 3a. If the person has not registered with the law 
50.8 	enforcement authority, the bureau shall send one copy to that authority.
50.9 	(d) The corrections agent or law enforcement authority may require that a person 
50.10 	required to register under this section appear before the agent or authority to be 
50.11 	photographed. The agent or authority shall forward the photograph to the bureau.
50.12 	(1) Except as provided in clause (2), the agent or authority shall require a person 
50.13 	required to register under this section who is classified as a level III offender under 
50.14 	section 244.052 to appear before the agent or authority at least every six months to be 
50.15 	photographed.
50.16 	(2) The requirements of this paragraph shall not apply during any period where the 
50.17 	person to be photographed is: (i) committed to the commissioner of corrections and 
50.18 	incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the 
50.19 	commissioner of human services and receiving treatment in a secure treatment facility.
50.20 	(e) During the period a person is required to register under this section, the following 
50.21 	provisions apply:
50.22 	(1) Except for persons registering under subdivision 3a, the bureau shall mail a 
50.23 	verification form to the person's last reported primary address. This verification form must 
50.24 	provide notice to the offender that, if the offender does not return the verification form 
50.25 	as required, information about the offender may be made available to the public through 
50.26 	electronic, computerized, or other accessible means. For persons who are registered under 
50.27 	subdivision 3a, the bureau shall mail an annual verification form to the law enforcement 
50.28 	authority where the offender most recently reported. The authority shall provide the 
50.29 	verification form to the person at the next weekly meeting and ensure that the person 
50.30 	completes and signs the form and returns it to the bureau.
50.31 	(2) The person shall mail the signed verification form back to the bureau within ten 
50.32 	days after receipt of the form, stating on the form the current and last address of the 
50.33 	person's residence and the other information required under subdivision 4a.
50.34 	(3) In addition to the requirements listed in this section, a person who is assigned 
50.35 	to risk level II or III under section 244.052, and who is no longer under correctional 
50.36 	supervision for a registration offense, or a failure to register offense, but who resides, 
51.1 	works, or attends school in Minnesota, shall have an annual in-person contact with a law 
51.2 	enforcement authority as provided in this section. If the person resides in Minnesota, the 
51.3 	annual in-person contact shall be with the law enforcement authority that has jurisdiction 
51.4 	over the person's primary address or, if the person has no address, the location where the 
51.5 	person is staying. If the person does not reside in Minnesota but works or attends school 
51.6 	in this state, the person shall have an annual in-person contact with the law enforcement 
51.7 	authority or authorities with jurisdiction over the person's school or workplace. During 
51.8 	the month of the person's birth date, the person shall report to the authority to verify the 
51.9 	accuracy of the registration information and to be photographed. Within three days of this 
51.10 	contact, the authority shall enter information as required by the bureau into the predatory 
51.11 	offender registration database and submit an updated photograph of the person to the 
51.12 	bureau's predatory offender registration unit.
51.13 	(4) If the person fails to mail the completed and signed verification form to the 
51.14 	bureau within ten days after receipt of the form, or if the person fails to report to the 
51.15 	law enforcement authority during the month of the person's birth date, the person is in 
51.16 	violation of this section.
51.17 	(5) For any person who fails to mail the completed and signed verification form to 
51.18 	the bureau within ten days after receipt of the form and who has been determined to be 
51.19 	a risk level III offender under section 244.052, the bureau shall immediately investigate 
51.20 	and notify local law enforcement authorities to investigate the person's location and to 
51.21 	ensure compliance with this section. The bureau also shall immediately give notice of the 
51.22 	person's violation of this section to the law enforcement authority having jurisdiction over 
51.23 	the person's last registered address or addresses.
51.24 	For persons required to register under subdivision 1b, paragraph (c), following 
51.25 	commitment pursuant to a court commitment under section 253B.185 or a similar law of 
51.26 	another state or the United States, the bureau shall comply with clause (1) at least four 
51.27 	times each year. For persons who, under section 244.052, are assigned to risk level III and 
51.28 	who are no longer under correctional supervision for a registration offense or a failure to 
51.29 	register offense, the bureau shall comply with clause (1) at least two times each year. For 
51.30 	all other persons required to register under this section, the bureau shall comply with clause 
51.31 	(1) each year within 30 days of the anniversary date of the person's initial registration.
51.32 	(f) When sending out a verification form, the bureau shall determine whether the 
51.33 	person to whom the verification form is being sent has signed a written consent form 
51.34 	as provided for in paragraph (a). If the person has not signed such a consent form, the 
51.35 	bureau shall send a written consent form to the person along with the verification form. 
52.1 	A person who receives this written consent form shall sign and return it to the bureau 
52.2 	at the same time as the verification form.

52.3 	EFFECTIVE DATE. This section is effective July 1, 2006.

52.4 	Sec. 9. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4b, is 
52.5 	amended to read:
52.6 		Subd. 4b.Health care facility; notice of status. (a) For the purposes of this 
52.7 	subdivision, "health care facility" means a facility licensed by:
52.8 	(1) the commissioner of health as a hospital, boarding care home or supervised 
52.9 	living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A; or
52.10 	(2) the commissioner of human services as a residential facility under chapter 245A 
52.11 	to provide adult foster care, adult mental health treatment, chemical dependency treatment 
52.12 	to adults, or residential services to persons with developmental disabilities.
52.13 	(b) Upon admittance Prior to admission  to a health care facility, a person required to 
52.14 	register under this section shall disclose to:
52.15 	(1) the health care facility employee processing the admission the person's status 
52.16 	as a registered predatory offender under this section; and
52.17 	(2) the person's corrections agent, or if the person does not have an assigned 
52.18 	corrections agent, the law enforcement authority with whom the person is currently 
52.19 	required to register, that inpatient admission has occurred will occur.
52.20 	(c) A law enforcement authority or corrections agent who receives notice under 
52.21 	paragraph (b) or who knows that a person required to register under this section is 
52.22 	planning to be admitted and receive, or has been admitted and is receiving health care 
52.23 	at a health care facility shall notify the administrator of the facility and deliver a fact 
52.24 	sheet to the administrator containing the following information: (1) name and physical 
52.25 	description of the offender; (2) the offender's conviction history, including the dates of 
52.26 	conviction; (3) the risk level classification assigned to the offender under section 244.052, 
52.27 	if any; and (4) the profile of likely victims.
52.28 	(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health 
52.29 	care facility that receives notice under this subdivision that a predatory offender has 
52.30 	been admitted to the facility a fact sheet under paragraph (c) that includes a risk level 
52.31 	classification for the offender, and if the facility admits the offender, the facility  shall 
52.32 	notify other distribute the fact sheet to all  residents at the facility of this fact. If the facility 
52.33 	determines that notice distribution  to a resident is not appropriate given the resident's 
52.34 	medical, emotional, or mental status, the facility shall notify distribute the fact sheet to  the 
52.35 	patient's next of kin or emergency contact.

53.1 	EFFECTIVE DATE. This section is effective July 1, 2006.

53.2 	Sec. 10. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 6, is 
53.3 	amended to read:
53.4 		Subd. 6.Registration period. (a) Notwithstanding the provisions of section 
53.5 	609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person 
53.6 	required to register under this section shall continue to comply with this section until ten 
53.7 	years have elapsed since the person initially registered in connection with the offense, or 
53.8 	until the probation, supervised release, or conditional release period expires, whichever 
53.9 	occurs later. For a person required to register under this section who is committed under 
53.10 	section 253B.18 or 253B.185, the ten-year registration period does not include the period 
53.11 	of commitment.
53.12 	(b) If a person required to register under this section fails to provide the person's 
53.13 	primary address as required by subdivision 3, paragraph (b), fails to comply with the 
53.14 	requirements of subdivision 3a, fails to provide information as required by subdivision 
53.15 	4a, or fails to return the verification form referenced in subdivision 4 within ten days, 
53.16 	the commissioner of public safety may require the person to continue to register for an 
53.17 	additional period of five years. This five-year period is added to the end of the offender's 
53.18 	registration period.
53.19 	(c) If a person required to register under this section is subsequently incarcerated 
53.20 	following a conviction for a new offense or following a revocation of probation, 
53.21 	supervised release, or conditional release for any offense, the person shall continue to 
53.22 	register until ten years have elapsed since the person was last released from incarceration 
53.23 	or until the person's probation, supervised release, or conditional release period expires, 
53.24 	whichever occurs later.
53.25 	(d) A person shall continue to comply with this section for the life of that person:
53.26 	(1) if the person is convicted of or adjudicated delinquent for any offense for which 
53.27 	registration is required under subdivision 1b, or any offense from another state or any 
53.28 	federal offense similar to the offenses described in subdivision 1b, and the person has a 
53.29 	prior conviction or adjudication for an offense for which registration was or would have 
53.30 	been required under subdivision 1b, or an offense from another state or a federal offense 
53.31 	similar to an offense described in subdivision 1b;
53.32 	(2) if the person is required to register based upon a conviction or delinquency 
53.33 	adjudication for an offense under section 609.185, clause (2), or a similar statute from 
53.34 	another state or the United States;
54.1 	(3) if the person is required to register based upon a conviction for an offense under 
54.2 	section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
54.3 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); 
54.4 	or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the 
54.5 	United States similar to the offenses described in this clause; or
54.6 	(4) if the person is required to register under subdivision 1b, paragraph (c), following 
54.7 	commitment pursuant to a court commitment under section 253B.185 or a similar law of 
54.8 	another state or the United States.
54.9 	(e) A person described in subdivision 1b, paragraph (b), who is required to register 
54.10 	under the laws of a state in which the person has been previously convicted or adjudicated 
54.11 	delinquent, shall register under this section for the time period required by the state of 
54.12 	conviction or adjudication unless a longer time period is required elsewhere in this section.

54.13 	EFFECTIVE DATE. This section is effective the day following final enactment 
54.14 	and applies to offenders residing in Minnesota on or after that date.

54.15 	Sec. 11. Minnesota Statutes 2005 Supplement, section 244.052, subdivision 4, is 
54.16 	amended to read:
54.17 		Subd. 4.Law enforcement agency; disclosure of information to public. (a) 
54.18 	The law enforcement agency in the area where the predatory offender resides, expects 
54.19 	to reside, is employed, or is regularly found, shall disclose to the public any information 
54.20 	regarding the offender contained in the report forwarded to the agency under subdivision 
54.21 	3, paragraph (f), that is relevant and necessary to protect the public and to counteract the 
54.22 	offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of 
54.23 	the information disclosed and the community to whom disclosure is made must relate to 
54.24 	the level of danger posed by the offender, to the offender's pattern of offending behavior, 
54.25 	and to the need of community members for information to enhance their individual and 
54.26 	collective safety.
54.27 	(b) The law enforcement agency shall employ the following guidelines in 
54.28 	determining the scope of disclosure made under this subdivision:
54.29 	(1) if the offender is assigned to risk level I, the agency may maintain information 
54.30 	regarding the offender within the agency and may disclose it to other law enforcement 
54.31 	agencies. Additionally, the agency may disclose the information to any victims of or 
54.32 	witnesses to the offense committed by the offender. The agency shall disclose the 
54.33 	information to victims of the offense committed by the offender who have requested 
54.34 	disclosure and to adult members of the offender's immediate household;
55.1 	(2) if the offender is assigned to risk level II, the agency also may disclose the 
55.2 	information to agencies and groups that the offender is likely to encounter for the purpose 
55.3 	of securing those institutions and protecting individuals in their care while they are on or 
55.4 	near the premises of the institution. These agencies and groups include the staff members 
55.5 	of public and private educational institutions, day care establishments, and establishments 
55.6 	and organizations that primarily serve individuals likely to be victimized by the offender. 
55.7 	The agency also may disclose the information to individuals the agency believes are likely 
55.8 	to be victimized by the offender. The agency's belief shall be based on the offender's 
55.9 	pattern of offending or victim preference as documented in the information provided by 
55.10 	the department of corrections or human services;
55.11 	(3) if the offender is assigned to risk level III, the agency shall disclose the 
55.12 	information to the persons and entities described in clauses (1) and (2) and to other 
55.13 	members of the community whom the offender is likely to encounter, unless the law 
55.14 	enforcement agency determines that public safety would be compromised by the disclosure 
55.15 	or that a more limited disclosure is necessary to protect the identity of the victim.
55.16 	Notwithstanding the assignment of a predatory offender to risk level II or III, a law 
55.17 	enforcement agency may not make the disclosures permitted or required by clause (2) or 
55.18 	(3), if: the offender is placed or resides in a residential facility. However, if an offender is 
55.19 	placed or resides in a residential facility, the offender and the head of the facility shall 
55.20 	designate the offender's likely residence upon release from the facility and the head of 
55.21 	the facility shall notify the commissioner of corrections or the commissioner of human 
55.22 	services of the offender's likely residence at least 14 days before the offender's scheduled 
55.23 	release date. The commissioner shall give this information to the law enforcement agency 
55.24 	having jurisdiction over the offender's likely residence. The head of the residential facility 
55.25 	also shall notify the commissioner of corrections or human services within 48 hours 
55.26 	after finalizing the offender's approved relocation plan to a permanent residence. Within 
55.27 	five days after receiving this notification, the appropriate commissioner shall give to 
55.28 	the appropriate law enforcement agency all relevant information the commissioner has 
55.29 	concerning the offender, including information on the risk factors in the offender's history 
55.30 	and the risk level to which the offender was assigned. After receiving this information, 
55.31 	the law enforcement agency shall make the disclosures permitted or required by clause 
55.32 	(2) or (3), as appropriate.
55.33 	(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
55.34 	(1) the organizations or community members are in a location or in close proximity 
55.35 	to a location where the offender lives or is employed, or which the offender visits or 
56.1 	is likely to visit on a regular basis, other than the location of the offender's outpatient 
56.2 	treatment program; and
56.3 	(2) the types of interaction which ordinarily occur at that location and other 
56.4 	circumstances indicate that contact with the offender is reasonably certain.
56.5 	(d) A law enforcement agency or official who discloses information under this 
56.6 	subdivision shall make a good faith effort to make the notification within 14 days of receipt 
56.7 	of a confirmed address from the Department of Corrections indicating that the offender 
56.8 	will be, or has been, released from confinement, or accepted for supervision, or has moved 
56.9 	to a new address and will reside at the address indicated. If a change occurs in the release 
56.10 	plan, this notification provision does not require an extension of the release date.
56.11 	(e) A law enforcement agency or official who discloses information under this 
56.12 	subdivision shall not disclose the identity or any identifying characteristics of the victims 
56.13 	of or witnesses to the offender's offenses.
56.14 	(f) A law enforcement agency shall continue to disclose information on an offender 
56.15 	as required by this subdivision for as long as the offender is required to register under 
56.16 	section 243.166. This requirement on a law enforcement agency to continue to disclose 
56.17 	information also applies to an offender who lacks a primary address and is registering 
56.18 	under section 243.166, subdivision 3a.
56.19 	(g) A law enforcement agency that is disclosing information on an offender assigned 
56.20 	to risk level III to the public under this subdivision shall inform the commissioner of 
56.21 	corrections what information is being disclosed and forward this information to the 
56.22 	commissioner within two days of the agency's determination. The commissioner shall 
56.23 	post this information on the Internet as required in subdivision 4b.
56.24 	(h) A city council may adopt a policy that addresses when information disclosed 
56.25 	under this subdivision must be presented in languages in addition to English. The policy 
56.26 	may address when information must be presented orally, in writing, or both in additional 
56.27 	languages by the law enforcement agency disclosing the information. The policy may 
56.28 	provide for different approaches based on the prevalence of non-English languages in 
56.29 	different neighborhoods.
56.30 	(i) An offender who is the subject of a community notification meeting held pursuant 
56.31 	to this section may not attend the meeting.
56.32 	(j) When a school, day care facility, or other entity or program that primarily 
56.33 	educates or serves children receives notice under paragraph (b), clause (3), that a level III 
56.34 	predatory offender resides or works in the surrounding community, notice to parents must 
56.35 	be made as provided in this paragraph. If the predatory offender identified in the notice is 
56.36 	participating in programs offered by the facility that require or allow the person to interact 
57.1 	with children other than the person's children, the principal or head of the entity must 
57.2 	notify parents with children at the facility of the contents of the notice received pursuant 
57.3 	to this section. The immunity provisions of subdivision 7 apply to persons disclosing 
57.4 	information under this paragraph.

57.5 	EFFECTIVE DATE. This section is effective July 1, 2006.

57.6 	Sec. 12. [299A.85] DEATH SCENE INVESTIGATIONS.
57.7 	(a) The Department of Public Safety shall provide information to local law 
57.8 	enforcement agencies about best practices for handling death scene investigations.
57.9 	(b) The Department of Public Safety shall identify any publications or training 
57.10 	opportunities that may be available to local law enforcement agencies or law enforcement 
57.11 	officers concerning the handling of death scene investigations.

57.12 	EFFECTIVE DATE. This section is effective August 1, 2006.

57.13 	Sec. 13. [299C.156] FORENSIC LABORATORY ADVISORY BOARD.
57.14 		Subdivision 1.Membership. (a) The Forensic Laboratory Advisory Board consists 
57.15 	of the following:
57.16 	(1) the superintendent of the Bureau of Criminal Apprehension or the 
57.17 	superintendent's designee;
57.18 	(2) the commissioner of public safety or the commissioner's designee;
57.19 	(3) the commissioner of corrections or the commissioner's designee;
57.20 	(4) an individual with expertise in the field of forensic science, selected by the 
57.21 	governor;
57.22 	(5) an individual with expertise in the field of forensic science, selected by the 
57.23 	attorney general;
57.24 	(6) a faculty member of the University of Minnesota, selected by the president of 
57.25 	the university;
57.26 	(7) the state public defender or a designee;
57.27 	(8) a prosecutor, selected by the Minnesota County Attorneys Association;
57.28 	(9) a sheriff, selected by the Minnesota Sheriffs Association;
57.29 	(10) a police chief, selected by the Minnesota Chiefs of Police Association;
57.30 	(11) a judge or court administrator, selected by the chief justice of the Supreme 
57.31 	Court; and 
57.32 	(12) a criminal defense attorney, selected by the Minnesota State Bar Association.
57.33 	(b) The board shall select a chair from among its members.
58.1 	(c) Board members serve four-year terms and may be reappointed.
58.2 	(d) The board may employ staff necessary to carry out its duties.
58.3 		Subd. 2.Duties. The board may:
58.4 	(1) develop and implement a reporting system through which laboratories, facilities, 
58.5 	or entities that conduct forensic analyses report professional negligence or misconduct 
58.6 	that substantially affects the integrity of the forensic results committed by employees 
58.7 	or contractors;
58.8 	(2) encourage all laboratories, facilities, or entities that conduct forensic analyses to 
58.9 	report professional negligence or misconduct that substantially affects the integrity of the 
58.10 	forensic results committed by employees or contractors to the board; 
58.11 	(3) investigate, in a timely manner, any allegation of professional negligence or 
58.12 	misconduct that would substantially affect the integrity of the results of a forensic analysis 
58.13 	conducted by a laboratory, facility, or entity; and 
58.14 	(4) encourage laboratories, facilities, and entities that conduct forensic analyses to 
58.15 	become accredited by the American Society of Crime Laboratory Directors/Laboratory 
58.16 	Accreditation Board (ALCLD/LAB) or other appropriate accrediting body and develop 
58.17 	and implement a process for those entities to report their accreditation status to the board. 
58.18 		Subd. 3.Investigations. (a) An investigation under subdivision 2, clause (3):
58.19 	(1) may include the preparation of a written report that identifies and describes the 
58.20 	methods and procedures used to identify:
58.21 	(i) the alleged negligence or misconduct;
58.22 	(ii) whether negligence or misconduct occurred; and
58.23 	(iii) any corrective action required of the laboratory, facility, or entity; and
58.24 	(2) may include one or more:
58.25 	(i) retrospective reexaminations of other forensic analyses conducted by the 
58.26 	laboratory, facility, or entity that may involve the same kind of negligence or misconduct; 
58.27 	and
58.28 	(ii) follow-up evaluations of the laboratory, facility, or entity to review:
58.29 	(A) the implementation of any corrective action required under clause (1), item 
58.30 	(iii); or
58.31 	(B) the conclusion of any retrospective reexamination under this clause, item (i).
58.32 	(b) The costs of an investigation under this section must be borne by the laboratory, 
58.33 	facility, or entity being investigated.
58.34 		Subd. 4.Delegation of duties. The board by contract may delegate the duties 
58.35 	described in subdivision 2, clauses (1) and (3), to any person or entity that the board 
58.36 	determines to be qualified to assume those duties.
59.1 		Subd. 5.Reviews and reports are public. The board shall make all investigation 
59.2 	reports completed under subdivision 3, clause (1), available to the public. A report 
59.3 	completed under subdivision 3, clause (1), in a subsequent civil or criminal proceeding is 
59.4 	not prima facie evidence of the information or findings contained in the report.
59.5 		Subd. 6.Reports to legislature. By January 15 of each year, the board shall submit 
59.6 	any report prepared under subdivision 3, clause (1), during the preceding calendar year to 
59.7 	the governor and the legislature.
59.8 		Subd. 7.Forensic analysis processing time period guidelines. (a) By July 1, 2007, 
59.9 	the board shall recommend forensic analysis processing time period guidelines applicable 
59.10 	to the Bureau of Criminal Apprehension and other laboratories, facilities, and entities that 
59.11 	conduct forensic analyses. When adopting and recommending these guidelines and when 
59.12 	making other related decisions, the board shall consider the goals and priorities identified 
59.13 	by the presidential DNA initiative. The board shall consider the feasibility of the Bureau 
59.14 	of Criminal Apprehension completing the processing of forensic evidence submitted to it 
59.15 	by sheriffs, chiefs of police, or state or local corrections authorities. 
59.16 	(b) The bureau shall provide information to the board in the time, form, and manner 
59.17 	determined by the board and keep it informed of the most up-to-date data on the actual 
59.18 	forensic analysis processing turn around time periods. By January 15 of each year, the 
59.19 	board shall report to the legislature on these issues, including the recommendations made 
59.20 	by the board to improve turnaround times.
59.21 		Subd. 8.Forensic evidence processing deadline. The board may recommend 
59.22 	reasonable standards and deadlines for the Bureau of Criminal Apprehension to test and 
59.23 	catalog forensic evidence samples relating to alleged crimes committed, including DNA 
59.24 	analysis, in their control and possession.
59.25 		Subd. 9.Office space. The commissioner of public safety may provide adequate 
59.26 	office space and administrative services to the board.
59.27 		Subd. 10.Expenses. Section 15.059 applies to the board.
59.28 		Subd. 11.Definition. As used in this section, "forensic analysis" means a medical, 
59.29 	chemical, toxicologic, ballistic, or other expert examination or test performed on physical 
59.30 	evidence, including DNA evidence, for the purpose of determining the connection of 
59.31 	the evidence to a criminal action.

59.32 	EFFECTIVE DATE. This section is effective July 1, 2006.

59.33 	Sec. 14. Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is 
59.34 	amended to read:
60.1 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
60.2 	section.
60.3 	(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located 
60.4 	in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, 
60.5 	Criminal Justice Information Systems Section. A reference in this section to "CIBRS" 
60.6 	includes the Bureau of Criminal Apprehension.
60.7 	(c) "Law enforcement agency" means a Minnesota municipal police department, 
60.8 	the Metropolitan Transit Police, the Metropolitan Airports Police, the University of 
60.9 	Minnesota Police Department, the Department of Corrections' Fugitive Apprehension 
60.10 	Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 
60.11 	the Minnesota State Patrol.

60.12 	EFFECTIVE DATE. This section is effective July 1, 2006.

60.13 	Sec. 15. Minnesota Statutes 2005 Supplement, section 299C.405, is amended to read:
60.14 	299C.405 SUBSCRIPTION SERVICE.
60.15 	(a) For the purposes of this section "subscription service" means a process by which 
60.16 	law enforcement agency personnel may obtain ongoing, automatic electronic notice of any 
60.17 	contacts an individual has with any criminal justice agency.
60.18 	(b) The Department of Public Safety must not establish a subscription service 
60.19 	without prior legislative authorization; except that, the Bureau of Criminal Apprehension 
60.20 	may employ under section 299C.40 a secure subscription service designed to promote 
60.21 	and enhance officer safety during tactical operations by and between federal, state, and 
60.22 	local law enforcement agencies by notifying law enforcement agencies of conflicts where 
60.23 	multiple law enforcement operations may be occurring on the same subject or vehicle or on 
60.24 	or near the same location. The notification may include warrant executions, surveillance 
60.25 	activities, SWAT activities, undercover operations, and other investigative operations.

60.26 	EFFECTIVE DATE. This section is effective July 1, 2006.

60.27 	Sec. 16. [299C.565] MISSING PERSON REPORT.
60.28 	The local law enforcement agency having jurisdiction over the location where a 
60.29 	person has been missing or was last seen has the responsibility to take a missing person 
60.30 	report from an interested party. If this location cannot be clearly and easily established, 
60.31 	the local law enforcement agency having jurisdiction over the last verified location where 
60.32 	the missing person last resided has the responsibility to take the report. 

61.1 	EFFECTIVE DATE. This section is effective August 1, 2006.

61.2 	Sec. 17. Minnesota Statutes 2005 Supplement, section 299C.65, subdivision 2, is 
61.3 	amended to read:
61.4 		Subd. 2.Task force. The policy group shall appoint a task force to assist them 
61.5 	in their duties. The task force shall monitor, review, and report to the policy group on 
61.6 	CriMNet-related projects and provide oversight to ongoing operations as directed by the 
61.7 	policy group. The task force shall consist of the following members:
61.8 	(1) two sheriffs recommended by the Minnesota Sheriffs Association;
61.9 	(2) two police chiefs recommended by the Minnesota Chiefs of Police Association;
61.10 	(3) two county attorneys recommended by the Minnesota County Attorneys 
61.11 	Association;
61.12 	(4) two city attorneys recommended by the Minnesota League of Cities;
61.13 	(5) two public defenders appointed by the Board of Public Defense;
61.14 	(6) two district judges appointed by the Conference of Chief Judges Judicial Council, 
61.15 	one of whom is currently assigned to the juvenile court;
61.16 	(7) two community corrections administrators recommended by the Minnesota 
61.17 	Association of Counties, one of whom represents a community corrections act county;
61.18 	(8) two probation officers;
61.19 	(9) four public members, one of whom has been a victim of crime, and two who 
61.20 	are representatives of the private business community who have expertise in integrated 
61.21 	information systems and who for the purpose of meetings of the full task force may be 
61.22 	compensated pursuant to section 15.059;
61.23 	(10) two court administrators;
61.24 	(11) one member of the house of representatives appointed by the speaker of the 
61.25 	house;
61.26 	(12) one member of the senate appointed by the majority leader;
61.27 	(13) the attorney general or a designee;
61.28 	(14) two individuals recommended by the Minnesota League of Cities, one of 
61.29 	whom works or resides in greater Minnesota and one of whom works or resides in the 
61.30 	seven-county metropolitan area;
61.31 	(15) two individuals recommended by the Minnesota Association of Counties, one 
61.32 	of whom works or resides in greater Minnesota and one of whom works or resides in the 
61.33 	seven-county metropolitan area;
61.34 	(16) the director of the Sentencing Guidelines Commission;
61.35 	(17) one member appointed by the state chief information officer;
62.1 	(17) (18) one member appointed by the commissioner of public safety;
62.2 	(18) (19) one member appointed by the commissioner of corrections;
62.3 	(19) (20) one member appointed by the commissioner of administration; and
62.4 	(20) (21) one member appointed by the chief justice of the Supreme Court.
62.5 	In making these appointments, the appointing authority shall select members with 
62.6 	expertise in integrated data systems or best practices.
62.7 	The commissioner of public safety may appoint additional, nonvoting members to 
62.8 	the task force as necessary from time to time.

62.9 	EFFECTIVE DATE. This section is effective July 1, 2006.

62.10 	Sec. 18. Minnesota Statutes 2004, section 299E.01, subdivision 2, is amended to read:
62.11 		Subd. 2.Responsibilities. The division shall be responsible and shall utilize 
62.12 	state employees for security and public information services in the Capitol complex of
62.13 	state-owned buildings and state leased to own buildings in the Capitol area, as described 
62.14 	in section 15B.02; it shall provide such personnel as are required by the circumstances to 
62.15 	insure the orderly conduct of state business and the convenience of the public.

62.16 	EFFECTIVE DATE. This section is effective July 1, 2007.

62.17 	Sec. 19. Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to read:
62.18 		Subd. 5.Appeal policy; variance. Upon application, the state fire marshal may 
62.19 	grant variances from the minimum requirements specified in the code if there is substantial 
62.20 	compliance with the provisions of the code, the safety of the public and occupants of 
62.21 	such building will not be jeopardized, and undue hardship will result to the applicant 
62.22 	unless such variance is granted. No appeal to the state fire marshal for a variance from 
62.23 	orders issued by a local fire official from the Uniform Fire Code shall be accepted until 
62.24 	the applicant has first made application to the local governing body and the local unit has 
62.25 	acted on the application. The state fire marshal shall consider the decisionany decisions 
62.26 	or recommendations of the local governing body. Any person aggrieved by a decision 
62.27 	made by the fire marshal under this subdivision may proceed before the fire marshal as 
62.28 	with a contested case in accordance with the Administrative Procedure Act.

62.29 	EFFECTIVE DATE. This section is effective July 1, 2006.

62.30 	Sec. 20. [299F.50] DEFINITIONS.
63.1 		Subdivision 1.Scope. As used in sections 299F.50 to 299F.52, the terms defined in 
63.2 	this section have the meanings given them.
63.3 		Subd. 2.Installed. "Installed" means that an approved carbon monoxide alarm is 
63.4 	hard-wired into the electrical wiring, directly plugged into an electrical outlet without a 
63.5 	switch, or, if the alarm is battery-powered, attached to the wall of the dwelling.
63.6 		Subd. 3.Single and multifamily dwelling. "Single and multifamily dwelling" 
63.7 	means any building or structure which is wholly or partly used or intended to be used 
63.8 	for living or sleeping by human occupants.
63.9 		Subd. 4.Dwelling unit. "Dwelling unit" means an area meant for living or sleeping 
63.10 	by human occupants.
63.11 		Subd. 5.Approved carbon monoxide alarm. "Approved carbon monoxide alarm" 
63.12 	means a device meant for the purpose of detecting carbon monoxide that is certified by a 
63.13 	nationally recognized testing laboratory to conform to the latest Underwriters Laboratories 
63.14 	Standards (known as UL2034 standards).
63.15 		Subd. 6.Operational. "Operational" means working and in service.

63.16 	EFFECTIVE DATE. This section is effective January 1, 2007, for all newly 
63.17 	constructed single family and multifamily dwelling units for which building permits were 
63.18 	issued on or after January 1, 2007; August 1, 2008, for all existing single family dwelling 
63.19 	units; and August 1, 2009, for all multifamily dwelling units.

63.20 	Sec. 21. [299F.51] REQUIREMENTS FOR CARBON MONOXIDE ALARMS.
63.21 		Subdivision 1.Generally. Every single family dwelling and every dwelling unit in 
63.22 	a multifamily dwelling must have an approved and operational carbon monoxide alarm 
63.23 	installed  within ten feet of each room lawfully used for sleeping purposes.
63.24 		Subd. 2.Owner's duties. The owner of a multifamily dwelling unit which is 
63.25 	required to be equipped with one or more approved carbon monoxide alarms must:
63.26 	(1) provide and install one approved and operational carbon monoxide alarm within 
63.27 	ten feet of each room lawfully used for sleeping; and 
63.28 	(2) replace any required carbon monoxide alarm that has been stolen, removed, 
63.29 	found missing, or rendered inoperable during a prior occupancy of the dwelling unit 
63.30 	and which has not been replaced by the prior occupant prior to the commencement of a 
63.31 	new occupancy of a dwelling unit.
63.32 		Subd. 3.Occupant's duties. The occupant of each dwelling unit in a multifamily 
63.33 	dwelling in which an approved and operational carbon monoxide alarm has been provided 
63.34 	and installed by the owner must:
63.35 	(1) keep and maintain the device in good repair; and
64.1 	(2) replace any device that is stolen, removed, missing, or rendered inoperable 
64.2 	during the occupancy of the dwelling unit.
64.3 		Subd. 4.Battery removal prohibited. No person shall remove batteries from, or in 
64.4 	any way render inoperable, a required carbon monoxide alarm.
64.5 		Subd. 5.Exceptions; certain multifamily dwellings and state-operated facilities.
 64.6 	(a) In lieu of requirements of subdivision 1, multifamily dwellings may have approved and 
64.7 	operational carbon monoxide alarms installed between 15 and 25 feet of carbon monoxide 
64.8 	producing central fixtures and equipment provided there is a centralized alarm system or 
64.9 	other mechanism for responsible parties to hear the alarm at all times. 
64.10 	(b) An owner of a multifamily dwelling that contains minimal or no sources of 
64.11 	carbon monoxide may be exempted from the requirements of subdivision 1, provided that 
64.12 	such owner certifies to the commissioner of public safety that such multifamily dwelling 
64.13 	poses no foreseeable carbon monoxide risk to the health and safety to the  dwelling units. 
64.14 	(c) The requirements of this section do not apply to facilities owned or operated 
64.15 	by the state of Minnesota.

64.16 	EFFECTIVE DATE. This section is effective January 1, 2007, for all newly 
64.17 	constructed single family and multifamily dwelling units for which building permits were 
64.18 	issued on or after January 1, 2007; August 1, 2008, for all existing single family dwelling 
64.19 	units; and August 1, 2009, for all multifamily dwelling units.

64.20 	Sec. 22. Minnesota Statutes 2004, section 525.9214, is amended to read:
64.21 	525.9214 ROUTINE INQUIRY AND REQUIRED REQUEST; SEARCH AND 
64.22 	NOTIFICATION.
64.23 	(a) If, at or near the time of death of a patient, there is no documentation in the 
64.24 	medical record that the patient has made or refused to make an anatomical gift, the hospital 
64.25 	administrator or a representative designated by the administrator shall discuss with the 
64.26 	patient or a relative of the patient the option to make or refuse to make an anatomical 
64.27 	gift and may request the making of an anatomical gift pursuant to section  525.9211 or  
64.28 	525.9212. The request must be made with reasonable discretion and sensitivity to the 
64.29 	circumstances of the family. A request is not required if the gift is not suitable, based 
64.30 	upon accepted medical standards, for a purpose specified in section  525.9215. An entry 
64.31 	must be made in the medical record of the patient, stating the name of the individual 
64.32 	making the request, and the name, response, and relationship to the patient of the person 
64.33 	to whom the request was made. 
65.1 	(b) The following persons shall make a reasonable search for a document of gift or 
65.2 	other information identifying the bearer as a donor or as an individual who has refused to 
65.3 	make an anatomical gift:
65.4 	(1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer 
65.5 	finding an individual who the searcher believes is dead or near death;
65.6 	(2) a hospital or emergency care facility, upon the admission or presentation of an 
65.7 	individual at or near the time of death, if there is not immediately available any other 
65.8 	source of that information; and
65.9 	(3) a medical examiner or coroner upon receipt of a body.
65.10 	(c) If a document of gift or evidence of refusal to make an anatomical gift is located 
65.11 	by the search required by paragraph (b), clause (1), and the individual or body to whom it 
65.12 	relates is taken to a hospital, the hospital must be notified of the contents and the document 
65.13 	or other evidence must be sent to the hospital. If a body is taken to a morgue, the person 
65.14 	who discovered the body must notify the person's dispatcher. A dispatcher notified under 
65.15 	this section must notify the state's federally designated organ procurement organization 
65.16 	and inform the organization of the deceased's name, donor status, and location.
65.17 	(d) If, at or near the time of death of a patient, a hospital knows that an anatomical 
65.18 	gift has been made pursuant to section  525.9212, paragraph (a), or a release and removal 
65.19 	of a part has been permitted pursuant to section  525.9213, or that a patient or an individual 
65.20 	identified as in transit to the hospital is a donor, the hospital shall notify the donee if one 
65.21 	is named and known to the hospital; if not, it shall notify an appropriate procurement 
65.22 	organization. The hospital shall cooperate in the implementation of the anatomical gift 
65.23 	or release and removal of a part. 
65.24 	(e) A person who fails to discharge the duties imposed by this section is not subject 
65.25 	to criminal or civil liability.

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

65.27 	Sec. 23. Minnesota Statutes 2004, section 611A.0315, is amended to read:
65.28 	611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; 
65.29 	HARASSMENT.
65.30 		Subdivision 1.Notice of decision not to prosecute. (a) A prosecutor shall make 
65.31 	every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct 
65.32 	offense, or harassment that the prosecutor has decided to decline prosecution of the case 
65.33 	or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim 
65.34 	should include, in order of priority: (1) contacting the victim or a person designated by the 
66.1 	victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody, 
66.2 	the notification attempt shall be made before the suspect is released from custody.
66.3 	(b) Whenever a prosecutor dismisses criminal charges against a person accused of 
66.4 	domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made 
66.5 	of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the 
66.6 	witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
66.7 	(c) Whenever a prosecutor notifies a victim of domestic assault or harassment under 
66.8 	this section, the prosecutor shall also inform the victim of the method and benefits of 
66.9 	seeking an order for protection under section  518B.01 or a restraining order under section  
66.10 	609.748 and that the victim may seek an order without paying a fee. 
66.11 		Subd. 2.Definitions. For the purposes of this section, the following terms have 
66.12 	the meanings given them.
66.13 	(a) "Assault" has the meaning given it in section  609.02, subdivision 10. 
66.14 	(b) "Domestic assault" means an assault committed by the actor against a family or 
66.15 	household member.
66.16 	(c) "Family or household member" has the meaning given it in section  518B.01, 
66.17 	subdivision 2.
66.18 	(d) "Harassment" means a violation of section  609.749. 
66.19 	(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to 
66.20 	609.3453.

66.21 	EFFECTIVE DATE. This section is effective July 1, 2006.

66.22 	Sec. 24. Minnesota Statutes 2004, section 624.22, subdivision 8, is amended to read:
66.23 		Subd. 8.Suspension, revocation, or refusal to renew certification. (a) The state 
66.24 	fire marshal may suspend, revoke, or refuse to renew certification of an operator if the 
66.25 	operator has:
66.26 	(1) submitted a fraudulent application;
66.27 	(2) caused or permitted a fire or safety hazard to exist or occur during the storage, 
66.28 	transportation, handling, preparation, or use of fireworks;
66.29 	(3) conducted a display of fireworks without receipt of a permit required by the 
66.30 	state or a political subdivision;
66.31 	(4) conducted a display of fireworks with assistants who were not at least 18 years of 
66.32 	age, properly instructed, and continually supervised; or
66.33 	(5) otherwise failed to comply with any federal or state law or regulation, or the 
66.34 	guidelines, relating to fireworks.
67.1 	(b) Any person aggrieved by a decision made by the state fire marshal under this 
67.2 	subdivision may petition the state fire marshal in writing to reconsider the decision. The 
67.3 	state fire marshal shall render a decision in writing within 30 days of receipt of the 
67.4 	written request for reconsideration. Following reconsideration, the person may appeal 
67.5 	the decision to the district court.

67.6 	EFFECTIVE DATE. This section is effective July 1, 2006. 

67.7 	Sec. 25. Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended to 
67.8 	read:

67.9	Subd. 3.  Community Services
 		103,556,000
		103,369,000

67.10	 Summary by Fund  
	
67.11	General Fund 
	103,456,000
	103,269,000
	
67.12	Special Revenue
	 100,000
	100,000

67.13 	SHORT-TERM OFFENDERS. $1,207,000 
67.14 	each  year is for costs associated with the  
67.15 	housing and care of short-term  offenders.  
67.16 	The commissioner may use up  to 20 percent 
67.17 	of the total amount of  the appropriation 
67.18 	for inpatient medical  care for short-term 
67.19 	offenders with less  than six months to 
67.20 	serve as affected by  the changes made to 
67.21 	Minnesota Statutes,  section 609.105, in 
67.22 	2003.  All funds  remaining at the end of 
67.23 	the fiscal year  not expended for inpatient 
67.24 	medical care  shall be added to and distributed 
67.25 	with  the housing funds.  These funds shall  
67.26 	be distributed proportionately based on  the 
67.27 	total number of days short-term  offenders are 
67.28 	placed locally, not to  exceed $70 per day.  
67.29 	Short-term  offenders may be housed in a 
67.30 	state  correctional facility at the discretion  of 
67.31 	the commissioner.  
68.1 	The Department of Corrections is exempt  
68.2 	from the state contracting process for  the 
68.3 	purposes of Minnesota Statutes,  section 
68.4 	609.105, as amended by Laws  2003, First 
68.5 	Special Session chapter 2,  article 5, sections 
68.6 	7 to 9.  
68.7 	GPS MONITORING OF SEX 
68.8 	OFFENDERS.  $500,000 the first 
68.9 	year and $162,000  the second year are for the 
68.10 	acquisition  and service of bracelets equipped 
68.11 	with  tracking devices designed to track 
68.12 	and  monitor the movement and location of  
68.13 	criminal offenders.  The commissioner  shall 
68.14 	use the bracelets to monitor  high-risk sex 
68.15 	offenders who are on  supervised release, 
68.16 	conditional  release, parole, or probation to 
68.17 	help  ensure that the offenders do not  violate 
68.18 	conditions of their release or  probation.  
68.19 	END OF CONFINEMENT REVIEWS.
68.20 	$94,000  each year is for end of confinement  
68.21 	reviews.  
68.22 	COMMUNITY SURVEILLANCE AND  
68.23 	SUPERVISION. $1,370,000 each year is  
68.24 	to provide housing options to maximize  
68.25 	community surveillance and supervision.  
68.26 	INCREASE IN INTENSIVE 
68.27 	SUPERVISED  RELEASE SERVICES.
68.28 	$1,800,000 each year  is to increase intensive 
68.29 	supervised  release services.  
68.30 	SEX OFFENDER ASSESSMENT  
68.31 	REIMBURSEMENTS. $350,000 each year 
68.32 	is  to provide grants to reimburse counties or 
68.33 	their designees, or courts for  reimbursements
68.34 	for sex offender  assessments as required 
68.35 	under Minnesota  Statutes, section 609.3452, 
69.1 	subdivision  1, which is being renumbered as 
69.2 	section  609.3457.  
69.3 	SEX OFFENDER TREATMENT AND  
69.4 	POLYGRAPHS. $1,250,000 each year 
69.5 	is to  provide treatment for sex offenders 
69.6 	on  community supervision and to pay for  
69.7 	polygraph testing.  
69.8 	INCREASED SUPERVISION OF SEX  
69.9 	OFFENDERS, DOMESTIC VIOLENCE 
69.10 	OFFENDERS,  AND OTHER VIOLENT 
69.11 	OFFENDERS.  $1,500,000 each year is for 
69.12 	the  increased supervision of sex offenders  
69.13 	and other violent offenders, including  
69.14 	those convicted of domestic abuse.  These 
69.15 	appropriations may not be used to  supplant 
69.16 	existing state or county  probation officer 
69.17 	positions.  
69.18 	The commissioner shall distribute  $1,050,000 
69.19 	in grants each year to  Community Corrections 
69.20 	Act counties and  $450,000 each year to the 
69.21 	Department of  Corrections Probation and 
69.22 	Supervised  Release Unit.  The commissioner 
69.23 	shall  distribute the funds to the Community  
69.24 	Corrections Act counties according to  the 
69.25 	formula contained in Minnesota  Statutes, 
69.26 	section 401.10.  
69.27 	Prior to the distribution of these  funds, each 
69.28 	Community Corrections Act  jurisdiction and 
69.29 	the Department of  Corrections Probation 
69.30 	and Supervised  Release Unit shall submit 
69.31 	to the  commissioner an analysis of need 
69.32 	along  with a plan to meet their needs and  
69.33 	reduce the number of sex offenders and  other 
69.34 	violent offenders, including  domestic abuse 
69.35 	offenders, on probation  officer caseloads.  
70.1 	COUNTY PROBATION OFFICERS.
70.2 	$500,000  each year is to increase county  
70.3 	probation officer reimbursements.  
70.4 	INTENSIVE SUPERVISION AND 
70.5 	AFTERCARE  FOR CONTROLLED 
70.6 	SUBSTANCES OFFENDERS;  REPORT.
70.7 	$600,000 each year is for  intensive 
70.8 	supervision and aftercare  services for 
70.9 	controlled substances  offenders released 
70.10 	from prison under  Minnesota Statutes, 
70.11 	section 244.055.  These appropriations are 
70.12 	not added to  the department's base budget.  
70.13 	By  January 15, 2008, the commissioner  
70.14 	shall report to the chairs and ranking  
70.15 	minority members of the senate and  house 
70.16 	of representatives committees and  divisions 
70.17 	having jurisdiction over  criminal justice 
70.18 	policy and funding on  how this appropriation 
70.19 	was spent.  
70.20 	REPORT ON ELECTRONIC 
70.21 	MONITORING OF SEX  OFFENDERS.
70.22 	By March 1, 2006, the  commissioner shall 
70.23 	report to the chairs  and ranking minority 
70.24 	members of the  senate and house of 
70.25 	representatives  committees and divisions 
70.26 	having  jurisdiction over criminal justice  
70.27 	policy and funding on implementing an  
70.28 	electronic monitoring system for sex  
70.29 	offenders who are under community  
70.30 	supervision.  The report must address  the 
70.31 	following:  
70.32 	(1) the advantages and disadvantages in  
70.33 	implementing this system, including the  
70.34 	impact on public safety;  
71.1 	(2) the types of sex offenders who  should be 
71.2 	subject to the monitoring;  
71.3 	(3) the time period that offenders  should be 
71.4 	subject to the monitoring;  
71.5 	(4) the financial costs associated with  the 
71.6 	monitoring and who should be  responsible 
71.7 	for these costs; and  
71.8 	(5) the technology available for the  
71.9 	monitoring.  

71.10 	EFFECTIVE DATE. This section is effective July 1, 2006.

71.11 	Sec. 26. RICHFIELD DISABLED FIREFIGHTER HEALTH CARE 
71.12 	ELIGIBILITY REVIEW.
 71.13 		Subdivision 1. Authorization.  An eligible individual specified in subdivision 2 is 
71.14 	authorized to have a review of health care coverage eligibility as specified in subdivision 3. 
71.15 		Subd. 2.Eligibility. An eligible person is an individual who:
71.16 	(1) was a member of the Public Employees Retirement Association police and fire 
71.17 	plan due to employment as a firefighter with the city of Richfield;
71.18 	(2) became disabled and was granted a duty-related disability benefit from the Public 
71.19 	Employees Retirement Association police and fire plan on November 20, 2002; and
71.20 	(3) is not receiving employer-paid health care coverage under the program 
71.21 	established by Minnesota Statutes, section 299A.465, due to a determination by the city 
71.22 	of Richfield that the individual does not satisfy all eligibility requirements for inclusion 
71.23 	under that program.
71.24 		Subd. 3.Treatment. Notwithstanding that the disability benefit was granted 
71.25 	before the creation of the review panel, and notwithstanding Minnesota Statutes, section 
71.26 	299A.465, subdivision 6, which requires that applications for review by the panel 
71.27 	created under that section be submitted to the panel within 90 days of approval of a 
71.28 	disability benefit application by the applicable retirement plan, an eligible individual 
71.29 	under subdivision 2 may submit an application to the panel within 90 days of the effective 
71.30 	date of this section. The panel shall make a determination of whether the firefighter meets 
71.31 	the requirements of Minnesota Statutes, section 299A.465, subdivision 1, paragraph (a), 
71.32 	clause (2). The panel's final determination is binding on the applicant and the employer, 
71.33 	subject to any right of judicial review.

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

72.2 	Sec. 27. MISSING ADULTS MODEL POLICY.
 72.3 	The superintendent of the Bureau of Criminal Apprehension, in consultation with 
72.4 	the Minnesota Sheriffs Association and the Minnesota Chiefs of Police Association, shall 
72.5 	develop a model policy to address law enforcement efforts and duties regarding missing 
72.6 	adults and provide training to local law enforcement agencies on this model policy. 
72.7 	By February 1, 2007, the superintendent shall report to the chairs and ranking 
72.8 	minority members of the senate and house committees and divisions having jurisdiction 
72.9 	over criminal justice policy and funding on the model policy and training.

72.10 	EFFECTIVE DATE. This section is effective July 1, 2006.

72.11 	ARTICLE 4
72.12 	CORRECTIONS

72.13 	Section 1. Minnesota Statutes 2004, section 43A.08, subdivision 1, is amended to read:
72.14 		 Subdivision 1.Unclassified positions.  Unclassified positions are held by employees 
72.15 	who are:
72.16 	 (1) chosen by election or appointed to fill an elective office;
72.17 	 (2) heads of agencies required by law to be appointed by the governor or other 
72.18 	elective officers, and the executive or administrative heads of departments, bureaus, 
72.19 	divisions, and institutions specifically established by law in the unclassified service;
72.20 	 (3) deputy and assistant agency heads and one confidential secretary in the agencies 
72.21 	listed in subdivision 1a and in the Office of Strategic and Long-Range Planning;
72.22 	 (4) the confidential secretary to each of the elective officers of this state and, for the 
72.23 	secretary of state and state auditor, an additional deputy, clerk, or employee;
72.24 	 (5) intermittent help employed by the commissioner of public safety to assist in 
72.25 	the issuance of vehicle licenses;
72.26 	 (6) employees in the offices of the governor and of the lieutenant governor and one 
72.27 	confidential employee for the governor in the Office of the Adjutant General;
72.28 	 (7) employees of the Washington, D.C., office of the state of Minnesota;
72.29 	 (8) employees of the legislature and of legislative committees or commissions; 
72.30 	provided that employees of the Legislative Audit Commission, except for the legislative 
72.31 	auditor, the deputy legislative auditors, and their confidential secretaries, shall be 
72.32 	employees in the classified service;
73.1 	 (9) presidents, vice-presidents, deans, other managers and professionals in 
73.2 	academic and academic support programs, administrative or service faculty, teachers, 
73.3 	research assistants, and student employees eligible under terms of the federal Economic 
73.4 	Opportunity Act work study program in the Perpich Center for Arts Education and the 
73.5 	Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance 
73.6 	employees, or any professional or managerial employee performing duties in connection 
73.7 	with the business administration of these institutions;
73.8 	 (10) officers and enlisted persons in the National Guard;
73.9 	 (11) attorneys, legal assistants, and three confidential employees appointed by the 
73.10 	attorney general or employed with the attorney general's authorization;
73.11 	 (12) judges and all employees of the judicial branch, referees, receivers, jurors, and 
73.12 	notaries public, except referees and adjusters employed by the Department of Labor 
73.13 	and Industry;
73.14 	 (13) members of the State Patrol; provided that selection and appointment of State 
73.15 	Patrol troopers must be made in accordance with applicable laws governing the classified 
73.16 	service;
73.17 	 (14) chaplains employed by the state;
73.18 	(15) examination monitors and intermittent training instructors employed by the 
73.19 	Departments of Employee Relations and Commerce and by professional examining boards 
73.20 	and intermittent staff employed by the technical colleges for the administration of practical 
73.21 	skills tests and for the staging of instructional demonstrations;
73.22 	 (16) (15) student workers;
73.23 	 (17) (16) executive directors or executive secretaries appointed by and reporting to 
73.24 	any policy-making board or commission established by statute;
73.25 	 (18) (17) employees unclassified pursuant to other statutory authority;
73.26 	 (19) (18) intermittent help employed by the commissioner of agriculture to perform 
73.27 	duties relating to pesticides, fertilizer, and seed regulation;
73.28 	 (20) (19) the administrators and the deputy administrators at the State Academies 
73.29 	for the Deaf and the Blind; and
73.30 	 (21) (20) chief executive officers in the Department of Human Services.

73.31 	EFFECTIVE DATE. This section is effective July 1, 2006. 

73.32 	Sec. 2. Minnesota Statutes 2004, section 144.445, subdivision 1, is amended to read:
73.33 		Subdivision 1.Screening of inmates. (a) All persons detained or confined for 14 
73.34 	consecutive days or more in facilities operated, licensed, or inspected by the Department 
73.35 	of Corrections shall be screened for tuberculosis with either a Mantoux test or a chest 
74.1 	roentgenogram (x-ray) as consistent with screening and follow-up practices recommended 
74.2 	by the United States Public Health Service or the Department of Health, as determined by 
74.3 	the commissioner of health. Administration of the Mantoux test or chest roentgenogram 
74.4 	(x-ray) must take place on or before the 14th day of detention or confinement.
74.5 	(b) If an inmate refuses to submit to an annual test as specified in paragraph (a), the 
74.6 	commissioner of corrections may order the inmate to be tested.

74.7 	EFFECTIVE DATE. This section is effective July 1, 2006.

74.8 	Sec. 3. Minnesota Statutes 2004, section 241.016, subdivision 1, is amended to read:
74.9 		Subdivision 1.Biennial report. (a) The Department of Corrections shall submit a 
74.10 	performance report to the chairs and ranking minority members of the senate and house 
74.11 	committees and divisions having jurisdiction over criminal justice funding by January 
74.12 	15, 2005, and every other year thereafter. The issuance and content of the report must 
74.13 	include the following:
74.14 	(1) department strategic mission, goals, and objectives;
74.15 	(2) the department-wide per diem, adult facility-specific per diems, and an average 
74.16 	per diem, reported in a standard calculated method as outlined in the departmental policies 
74.17 	and procedures; and
74.18 	(3) department annual statistics as outlined in the departmental policies and 
74.19 	procedures; and
74.20 	(4) information about prison-based mental health programs, including, but not 
74.21 	limited to, the availability of these programs, participation rates, and completion rates.
74.22 	(b) The department shall maintain recidivism rates for adult facilities on an annual 
74.23 	basis. In addition, each year the department shall, on an alternating basis, complete a 
74.24 	recidivism analysis of adult facilities, juvenile services, and the community services 
74.25 	divisions and include a three-year recidivism analysis in the report described in paragraph 
74.26 	(a). When appropriate, the recidivism analysis must include education programs, 
74.27 	vocational programs, treatment programs, including mental health programs, industry, 
74.28 	and employment. In addition, when reporting recidivism for the department's adult and 
74.29 	juvenile facilities, the department shall report on the extent to which offenders it has 
74.30 	assessed as chemically dependent commit new offenses, with separate recidivism rates 
74.31 	reported for persons completing and not completing the department's treatment programs.

74.32 	EFFECTIVE DATE. This section is effective July 1, 2006.

75.1 	Sec. 4. [241.0222] CONTRACTS WITH NEWLY CONSTRUCTED JAIL 
75.2 	FACILITIES THAT PROVIDE ACCESS TO CHEMICAL DEPENDENCY 
75.3 	TREATMENT PROGRAMS.
75.4 	Notwithstanding section 16C.05, subdivision 2, the commissioner may enter into 
75.5 	contracts, up to five years in duration, with a county or group of counties to house inmates 
75.6 	committed to the custody of the commissioner in newly constructed county or regional jail 
75.7 	facilities that provide inmates access to chemical dependency treatment programs licensed 
75.8 	by the Department of Human Services. A contract entered into under this section may 
75.9 	contain an option to renew the contract for a term of up to five years.

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

75.11 	Sec. 5. Minnesota Statutes 2005 Supplement, section 241.06, is amended by adding a 
75.12 	subdivision to read:
75.13 		Subd. 3.Substance abuse information provided to supervising corrections 
75.14 	agency.  When an offender is being released from prison, the commissioner shall provide 
75.15 	to the corrections agency that will supervise the offender prison records relating to that 
75.16 	offender's prison-based substance abuse assessments, treatment, and any other substance 
75.17 	abuse-related services provided to the offender. If the offender did not participate in 
75.18 	the prison-based substance abuse program to which the offender was directed, the 
75.19 	commissioner shall provide the supervising agency with an explanation of the reasons.

75.20 	EFFECTIVE DATE. This section is effective July 1, 2006.

75.21 	Sec. 6. [241.105] SOCIAL SECURITY ADMINISTRATION INCENTIVE 
75.22 	PAYMENTS; INMATE DISCHARGE PLANNING.
75.23 	Money received by the commissioner of corrections from the Social Security 
75.24 	Administration as a result of the incentive payment agreement under the Personal 
75.25 	Responsibility and Work Opportunity Reconciliation Act, Public Law 104-193, 
75.26 	section 1611(e)(1), and Public Law 106-170, section 202(x)(3), is appropriated to the 
75.27 	commissioner of corrections for discharge planning for inmates with mental illness.

75.28 	EFFECTIVE DATE. This section is effective July 1, 2007.

75.29 	Sec. 7. [241.40] PERIODIC REVIEWS OF SUBSTANCE ABUSE ASSESSMENT 
75.30 	PROCESS.
76.1 	By January 15, 2007, and at least once every three years thereafter, the commissioner 
76.2 	shall ensure that an outside entity conducts an independent review of the department's 
76.3 	prison-based substance abuse assessment activities.

76.4 	EFFECTIVE DATE. This section is effective July 1, 2006.

76.5 	Sec. 8. [241.415] RELEASE PLANS; SUBSTANCE ABUSE.
76.6 	The commissioner shall cooperate with community-based corrections agencies to 
76.7 	determine how best to address the substance abuse treatment needs of offenders who are 
76.8 	being released from prison. The commissioner shall ensure that an offender's prison 
76.9 	release plan adequately addresses the offender's needs for substance abuse assessment, 
76.10 	treatment, or other services following release, within the limits of available resources.

76.11 	EFFECTIVE DATE. This section is effective July 1, 2006.

76.12 	Sec. 9. [241.416] SUBSTANCE ABUSE PROGRAMS; RECORD KEEPING.
76.13 	The commissioner shall keep adequate records regarding inmate participation in 
76.14 	substance abuse treatment programs. For inmates who did not comply with directives to 
76.15 	participate in substance abuse treatment programs, these records must include the reasons 
76.16 	why the inmate did not do so.

76.17 	EFFECTIVE DATE. This section is effective July 1, 2006.

76.18 	Sec. 10. [241.75] INMATE HEALTH CARE DECISIONS.
76.19 		Subdivision 1.Definitions. (a) Except as provided in paragraph (b), the definitions 
76.20 	in chapter 145C apply to this section.
76.21 	(b) "Health care" means any care, treatment, service, or procedure to maintain, 
76.22 	diagnose, or otherwise affect a person's physical or mental condition.
76.23 		Subd. 2.Health care decisions. The medical director of the Department of 
76.24 	Corrections may make a health care decision for an inmate incarcerated in a state 
76.25 	correctional facility if the inmate's attending physician determines that the inmate lacks 
76.26 	decision-making capacity and:
76.27 	(1) there is not a documented health care agent designated by the inmate or the 
76.28 	health care agent is not reasonably available to make the health care decision;
76.29 	(2) if there is a documented health care directive, the decision is consistent with 
76.30 	that directive;
76.31 	(3) the decision is consistent with reasonable medical practice and other applicable 
76.32 	law; and
77.1 	(4) the medical director has made a good-faith attempt to consult with the inmate's 
77.2 	next of kin or emergency contact person in making the decision, to the extent those 
77.3 	persons are reasonably available.
77.4 		Subd. 3.Disagreement regarding health care; guardianship petition. If the 
77.5 	medical director consults with an inmate's next of kin under subdivision 2, clause (4), and 
77.6 	the inmate's next of kin and the medical director are not in agreement with respect to a 
77.7 	health care decision, the commissioner may bring a petition under section 524.5-303 for 
77.8 	appointment of a guardian with authority to make health care decisions for the inmate.

77.9 	EFFECTIVE DATE. This section is effective July 1, 2006.

77.10 	Sec. 11. Minnesota Statutes 2005 Supplement, section 244.055, subdivision 10, 
77.11 	is amended to read:
77.12 		Subd. 10.Notice. Upon receiving an offender's petition for release under 
77.13 	subdivision 2, the commissioner shall notify the prosecuting authority responsible for the 
77.14 	offender's conviction and the sentencing court. The commissioner shall give the authority 
77.15 	and court a reasonable opportunity to comment on the offender's potential release. If the 
77.16 	authority or court elects to comment, the comments must specify the reasons for the 
77.17 	authority or court's position. This subdivision applies only to offenders sentenced before 
77.18 	July 1, 2005.

77.19 	EFFECTIVE DATE. This section is effective July 1, 2006.

77.20 	Sec. 12. Minnesota Statutes 2005 Supplement, section 244.055, subdivision 11, 
77.21 	is amended to read:
77.22 		Subd. 11.Sunset. This section expires July 1, 2007 2009.

77.23 	EFFECTIVE DATE. This section is effective July 1, 2006.

77.24 	Sec. 13. Minnesota Statutes 2004, section 609.102, subdivision 2, is amended to read:
77.25 		Subd. 2.Imposition of fee. When a court sentences places a person convicted of 
77.26 	a crime,and places the person under the supervision and control of a local correctional 
77.27 	agency, that agency may collect a local correctional fee based on the local correctional 
77.28 	agency's fee schedule adopted under section  244.18. 

77.29 	EFFECTIVE DATE. This section is effective July 1, 2006.

78.1 	Sec. 14. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 8, 
78.2 	is amended to read:
78.3 		Subd. 8.Terms of conditional release; applicable to all sex offenders. (a) The 
78.4 	provisions of this subdivision relating to conditional release apply to all sex offenders 
78.5 	sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or 
78.6 	609.3453. Except as provided in this subdivision, conditional release of sex offenders is 
78.7 	governed by provisions relating to supervised release. The commissioner of corrections 
78.8 	may not dismiss an offender on conditional release from supervision until the offender's 
78.9 	conditional release term expires.
78.10 	(b) The conditions of release may include successful completion of treatment and 
78.11 	aftercare in a program approved by the commissioner, satisfaction of the release conditions 
78.12 	specified in section 244.05, subdivision 6, and any other conditions the commissioner 
78.13 	considers appropriate. The commissioner shall develop a plan to pay the cost of treatment 
78.14 	of a person released under this subdivision. The plan may include co-payments from 
78.15 	offenders, third-party payers, local agencies, or other funding sources as they are identified. 
78.16 	This section does not require the commissioner to accept or retain an offender in a 
78.17 	treatment program. Before the offender is placed on conditional release, the commissioner 
78.18 	shall notify the sentencing court and the prosecutor in the jurisdiction where the offender 
78.19 	was sentenced of the terms of the offender's conditional release. The commissioner also 
78.20 	shall make reasonable efforts to notify the victim of the offender's crime of the terms of 
78.21 	the offender's conditional release. If the offender fails to meet any condition of release, the 
78.22 	commissioner may revoke the offender's conditional release and order that the offender 
78.23 	serve all or a part of the remaining portion of the conditional release term in prison.

78.24 	EFFECTIVE DATE. This section is effective August 1, 2006.

78.25 	Sec. 15. Minnesota Statutes 2004, section 631.425, subdivision 3, is amended to read:
78.26 		Subd. 3.Continuation of employment. If the person committed under this 
78.27 	section has been regularly employed, the sheriff shall arrange for a continuation of the 
78.28 	employment insofar as possible without interruption. If the person is not employed, the 
78.29 	court may designate a suitable person or agency to make reasonable efforts to secure some 
78.30 	suitable employment for that person. An inmate employed under this section must be paid 
78.31 	a fair and reasonable wage for work performed and must work at fair and reasonable hours 
78.32 	per day and per week. There must not be a fee or charge for the inmate to participate in 
78.33 	any employment under this section if the inmate is paying for the cost of the inmate's 
78.34 	maintenance under subdivision 5.

79.1 	EFFECTIVE DATE. This section is effective July 1, 2006.

79.2 	Sec. 16. TRANSITION.
 79.3 	The incumbent of a position that is transferred from the unclassified to the classified 
79.4 	service under section 1 is appointed to the newly classified position.

79.5 	EFFECTIVE DATE. This section is effective July 1, 2006. 

79.6 	Sec. 17. SUBSTANCE ABUSE TREATMENT; RECOMMENDATIONS, 
79.7 	REPORT.
 79.8 	(a) The commissioner of corrections shall make recommendations to:
79.9 	(1) improve the availability of prison-based substance abuse treatment programming 
79.10 	and related services; and
79.11 	(2) better ensure that offenders released from prison receive appropriate 
79.12 	community-based substance abuse treatment and services.
79.13 	These recommendations must include an estimate of the financial costs associated with 
79.14 	implementing them.
79.15 	(b) The commissioner shall recommend changes in prison-based programs or release 
79.16 	plans to improve the postprison release outcomes of:
79.17 	(1) inmates who are directed to complete prison-based short-term substance abuse 
79.18 	programs; and
79.19 	(2) inmates who fail the prison-based substance abuse programs they start.
79.20 	(c) By January 15, 2007, the commissioner shall report to the chairs and ranking 
79.21 	minority members of the senate and house committees and divisions having jurisdiction 
79.22 	over criminal justice policy and funding on the commissioner's recommendations under 
79.23 	paragraphs (a) and (b).

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

79.25 	ARTICLE 5
79.26 	COURTS

79.27 	Section 1. Minnesota Statutes 2004, section 13.84, subdivision 1, is amended to read:
79.28 		Subdivision 1.Definition. As used in this section "court services data" means data 
79.29 	that are created, collected, used or maintained by a court services department, parole 
79.30 	or probation authority, correctional agency, or by an agent designated by the court to 
79.31 	perform studies or other duties and that are on individuals who are or were defendants, 
79.32 	parolees or probationers of a municipal, district or county court, participants in diversion 
80.1 	programs, petitioners or respondents to a family court, or juveniles adjudicated delinquent 
80.2 	and committed, detained prior to a court hearing or hearings, or found to be dependent or 
80.3 	neglected and placed under the supervision of the court.

80.4 	EFFECTIVE DATE. This section is effective July 1, 2006. 

80.5 	Sec. 2. Minnesota Statutes 2004, section 13.84, subdivision 2, is amended to read:
80.6 		Subd. 2.General. Unless the data is summary data or a statute, including sections  
80.7 	609.115 and  257.70, specifically provides a different classification, the following court 
80.8 	services data are classified as private pursuant to section  13.02, subdivision 12: 
80.9 	(a) Court services data on individuals gathered at the request of a municipal, district 
80.10 	or county court to determine the need for any treatment, rehabilitation, counseling, or any 
80.11 	other need of a defendant, parolee, probationer, or participant in a diversion program, 
80.12 	and used by the court to assist in assigning an appropriate sentence or other disposition 
80.13 	in a case;
80.14 	(b) Court services data on petitioners or respondents to a family court gathered at 
80.15 	the request of the court for purposes of, but not limited to, individual, family, marriage, 
80.16 	chemical dependency and marriage dissolution adjustment counseling, including 
80.17 	recommendations to the court as to the custody of minor children in marriage dissolution 
80.18 	cases;
80.19 	(c) Court services data on individuals gathered by psychologists in the course 
80.20 	of providing the court or its staff with psychological evaluations or in the course of 
80.21 	counseling individual clients referred by the court for the purpose of assisting them with 
80.22 	personal conflicts or difficulties.

80.23 	EFFECTIVE DATE. This section is effective July 1, 2006. 

80.24 	Sec. 3. Minnesota Statutes 2004, section 16D.04, subdivision 2, is amended to read:
80.25 		Subd. 2.Agency participation. (a) A statereferring agency may, at its option, 
80.26 	refer debts to the commissioner for collection. The ultimate responsibility for the debt, 
80.27 	including the reporting of the debt to the commissioner of finance and the decision 
80.28 	with regard to the continuing collection and uncollectibility of the debt, remains with 
80.29 	the referring state agency.
80.30 	(b) When a debt owed to a state agency becomes 121 days past due, the state agency 
80.31 	must refer the debt to the commissioner for collection. This requirement does not apply 
80.32 	if there is a dispute over the amount or validity of the debt, if the debt is the subject of 
80.33 	legal action or administrative proceedings, or the agency determines that the debtor is 
81.1 	adhering to acceptable payment arrangements. The commissioner, in consultation with the 
81.2 	commissioner of finance, may provide that certain types of debt need not be referred to the 
81.3 	commissioner for collection under this paragraph. Methods and procedures for referral 
81.4 	must follow internal guidelines prepared by the commissioner of finance.
81.5 	(c) If the referring agency is a court, the court must furnish a debtor's Social Security 
81.6 	number to the commissioner when the court refers the debt.

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

81.8 	Sec. 4. Minnesota Statutes 2004, section 48A.10, subdivision 3, is amended to read:
81.9 		Subd. 3.Order. Upon finding that the applicant is authorized to exercise fiduciary 
81.10 	powers, the district court shall enter an order substituting the applicant bank or trust 
81.11 	company in every fiduciary capacity held by the affiliated bank or other bank or trust 
81.12 	company for which substitution is sought and which joined in the application, except as 
81.13 	may be otherwise specified in the application, and except for fiduciary capacities in any 
81.14 	account with respect to which a person beneficially interested in the account has filed 
81.15 	objection to the substitution and has appeared and been heard in support of the objection. 
81.16 	Upon entry of the order, or at a later date as may be specified in the order, the applicant 
81.17 	bank or trust company is substituted in every fiduciary capacity to which the order extends. 
81.18 	The substitution may be made a matter of record in any county of this state by filing a 
81.19 	certified copy of the order of substitution in the office of the court administrator of a district 
81.20 	or county court, or by filing a certified copy of the order in the office of the county recorder.

81.21 	EFFECTIVE DATE. This section is effective July 1, 2006. 

81.22 	Sec. 5. Minnesota Statutes 2004, section 219.97, subdivision 13, is amended to read:
81.23 		Subd. 13.Violation of provision for stopping train at crossing. Upon the 
81.24 	complaint of any person, a company operating a railroad violating section  219.93 shall 
81.25 	forfeit not less than $20 nor more than $100 to be recovered in a civil action before a 
81.26 	county or municipal judge of the county in which the violation occurs. One-half of 
81.27 	the forfeiture must go to the complainant and one-half to the school district where the 
81.28 	violation occurs. 

81.29 	EFFECTIVE DATE. This section is effective July 1, 2006. 

82.1 	Sec. 6. Minnesota Statutes 2005 Supplement, section 270C.545, is amended to read:
82.2 	270C.545 FEDERAL TAX REFUND OFFSET FEES; TIME LIMIT FOR 
82.3 	SUBMITTING CLAIMS FOR OFFSET.
82.4 	For fees charged by the Department of the Treasury of the United States for the 
82.5 	offset of federal tax refunds that are deducted from the refund amounts remitted to the 
82.6 	commissioner, the unpaid debts of the taxpayers whose refunds are being offset to satisfy 
82.7 	the debts are reduced only by the actual amount of the refund payments received by the 
82.8 	commissioner. Notwithstanding any other provision of law to the contrary, a claim for 
82.9 	the offset of a federal tax refund must be submitted to the Department of the Treasury of 
82.10 	the United States within ten years after the date of the assessment of the tax owed by the 
82.11 	taxpayer whose refund is to be offset to satisfy the debt. For court debts referred to the 
82.12 	commissioner under section 16D.04, subdivision 2, paragraph (a), the federal refund offset 
82.13 	fees are deducted as provided in this section, but the ten-year time limit prescribed in 
82.14 	this section for tax debts does not apply. 

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

82.16 	Sec. 7. Minnesota Statutes 2004, section 346.09, subdivision 1, is amended to read:
82.17 		Subdivision 1.Notice; appraisers. The person distraining shall give notice to 
82.18 	the owner of the beast, if known to the distrainer, within 24 hours if the owner resides 
82.19 	in the same town, and within 48 hours if the owner resides in another town in the same 
82.20 	county, Sundays excepted. The notice shall specify the time when and the place where 
82.21 	distrained, the number of beasts, and the place of their detention, and that at a time and 
82.22 	place stated therein, which shall not be less than 12 hours after the service of the notice, 
82.23 	nor more than three days after the distress, the distrainer will apply to a designated 
82.24 	county or municipal judge of the county for the appointment of appraisers to appraise the 
82.25 	damages. If the owner is unknown or does not reside in the county, the distraining person 
82.26 	shall apply for the appointment of appraisers within 24 hours after the distress without 
82.27 	notice. After the application, the judge shall appoint three disinterested residents of the 
82.28 	town to appraise the damages.

82.29 	EFFECTIVE DATE. This section is effective July 1, 2006. 

82.30 	Sec. 8. Minnesota Statutes 2004, section 347.04, is amended to read:
82.31 	347.04 PUBLIC NUISANCE.
82.32 	Any dog that habitually worries, chases, or molests teams or persons traveling 
82.33 	peaceably on the public road is a public nuisance. Upon complaint in writing to a county 
83.1 	or municipal district court judge containing a description of the dog, including the name 
83.2 	of the dog and its owner, or stating that the name or names are not known, and alleging 
83.3 	that the dog is a public nuisance, the judge shall issue a summons, if the owner is known, 
83.4 	commanding the owner to appear before the judge at a specified time, not less than six 
83.5 	nor more than ten days from the date of the summons, to answer the complaint. The 
83.6 	summons shall be served not less than six days before the day of the hearing in the same 
83.7 	manner as other district court summonses.

83.8 	EFFECTIVE DATE. This section is effective July 1, 2006. 

83.9 	Sec. 9. Minnesota Statutes 2004, section 375A.13, subdivision 1, is amended to read:
83.10 		Subdivision 1.Appointment by county district judge. A county government 
83.11 	study commission hereinafter called "the commission" may be established in any county 
83.12 	as provided in this section to study the form and structure of county government in the 
83.13 	county and other counties both within and outside this state and, if deemed advisable by 
83.14 	the commission, recommend to the voters of the county the adoption of any of the optional 
83.15 	forms of county government contained in sections  375A.01 to  375A.13. The commission 
83.16 	shall be established upon presentation of a petition requesting such action signed by voters 
83.17 	equal in number to five percent of the electors voting at the last previous election for the 
83.18 	office of governor or a resolution of the board of county commissioners of the county 
83.19 	requesting such action. Appointments to the commission shall be made by order filed 
83.20 	with the court administrator of the district court of the county and shall be made by the 
83.21 	senior county judge having chambers in the county. If there be no judge having chambers 
83.22 	in the county, appointments shall be made by the chief judge of the judicial district. The 
83.23 	number on the study commission shall be set by the appointing judge but not to exceed 
83.24 	15. A noncommissioner from each commissioner district shall be appointed to a study 
83.25 	commission. In addition three members shall be county commissioners and two shall be 
83.26 	elected county officials. An appointee who neglects to file with the court administrator 
83.27 	within 15 days a written acceptance shall be deemed to have declined the appointment 
83.28 	and the place shall be filled as though the appointee had resigned. Vacancies in the 
83.29 	commission shall be filled as in the case of original appointments. The county board, the 
83.30 	commission, or the petitioners requesting the appointment of the commission may submit 
83.31 	to the appointing judge the names of eligible nominees which the appointing judge may 
83.32 	consider in making appointments to the commission. 

83.33 	EFFECTIVE DATE. This section is effective July 1, 2006. 

84.1 	Sec. 10. Minnesota Statutes 2004, section 383B.65, subdivision 2, is amended to read:
84.2 		Subd. 2.May relocate Bloomington court. Notwithstanding the provisions 
84.3 	of section  488A.01, subdivision 9, the county of Hennepin may relocate the municipal
84.4 	district court serving the city of Bloomington and thereupon shall provide suitable quarters 
84.5 	for the holding of regular terms of court in a southern suburban location within the county 
84.6 	as may be designated by a majority of the judges of the court. All functions of the court 
84.7 	may be discharged, including both court and jury trials of civil and criminal matters, at the 
84.8 	location designated pursuant to this section. Nothing in this section shall be construed to 
84.9 	reduce the level of services to the residents of the city of Bloomington. 

84.10 	EFFECTIVE DATE. This section is effective July 1, 2006. 

84.11 	Sec. 11. Minnesota Statutes 2004, section 390.20, is amended to read:
84.12 	390.20 PERSON CHARGED ARRESTED.
84.13 	If any person charged by the inquest with having committed the offense is not in 
84.14 	custody, the coroner shall have the same power as a county or municipal district court judge 
84.15 	to issue process for the person's apprehension. The warrant shall be returnable before any 
84.16 	court having jurisdiction in the case and the court shall proceed as in similar cases.

84.17 	EFFECTIVE DATE. This section is effective July 1, 2006. 

84.18 	Sec. 12. Minnesota Statutes 2004, section 390.33, subdivision 2, is amended to read:
84.19 		Subd. 2.Subpoena power. The judge exercising probate jurisdiction may issue 
84.20 	subpoenas for witnesses, returnable immediately or at a time and place the judge directs. 
84.21 	The persons served with subpoenas shall be allowed the same fees, the sheriff shall enforce 
84.22 	their attendance in the same manner, and they shall be subject to the same penalties as if 
84.23 	they had been served with a subpoena in behalf of the state in a criminal case before a 
84.24 	county or municipal district court judge.

84.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

84.26 	Sec. 13. Minnesota Statutes 2004, section 480.181, subdivision 1, is amended to read:
84.27 		Subdivision 1.State employees; compensation. (a) District court referees, judicial 
84.28 	officers, court reporters, law clerks, district administration staff, other than district 
84.29 	administration staff in the Second and Fourth Judicial Districts, guardian ad litem program 
84.30 	coordinators and staff, staff court interpreters in the Second Judicial District, court 
84.31 	psychological services staff in the Fourth Judicial District, and other court employees 
85.1 	under paragraph (b), are state employees and are governed by the judicial branch 
85.2 	personnel rules adopted by the Supreme Court. The Supreme Court, in consultation with 
85.3 	the conference of chief judges Judicial Council, shall establish the salary range of these 
85.4 	employees under the judicial branch personnel rules. In establishing the salary ranges, the 
85.5 	Supreme Court shall consider differences in the cost of living in different areas of the state.
85.6 	(b) The court administrator and employees of the court administrator who are 
85.7 	in the Fifth, Seventh, Eighth, or Ninth Judicial District are state employees. The court 
85.8 	administrator and employees of the court administrator in the remaining judicial districts 
85.9 	become state employees as follows:
85.10 	(1) effective July 1, 2003, for the Second and Fourth Judicial Districts;
85.11 	(2) effective July 1, 2004, for the First and Third Judicial Districts; and
85.12 	(3) effective July 1, 2005, for the Sixth and Tenth Judicial Districts.

85.13 	EFFECTIVE DATE. This section is effective July 1, 2006. 

85.14 	Sec. 14. Minnesota Statutes 2004, section 480.181, subdivision 2, is amended to read:
85.15 		Subd. 2.Election to retain insurance and benefits; retirement. (a) Before a 
85.16 	person is transferred to state employment under this section, the person may elect to do 
85.17 	either or both of the following:
85.18 	(1) keep life insurance; hospital, medical, and dental insurance; and vacation and 
85.19 	sick leave benefits and accumulated time provided by the county instead of receiving 
85.20 	benefits from the state under the judicial branch personnel rules; or
85.21 	(2) remain a member of the Public Employees Retirement Association or the 
85.22 	Minneapolis employees retirement fund instead of joining the Minnesota State Retirement 
85.23 	System.
85.24 	Employees who make an election under clause (1) remain on the county payroll, 
85.25 	but the state shall reimburse the county on a quarterly basis for the salary and cost of the 
85.26 	benefits provided by the county. The state shall make the employer contribution to the 
85.27 	Public Employees Retirement Association or the employer contribution under section  
85.28 	422A.101, subdivision 1a, to the Minneapolis Employees Retirement Fund on behalf of 
85.29 	employees who make an election under clause (2). 
85.30 	(b) An employee who makes an election under paragraph (a), clause (1), may revoke 
85.31 	the election, once, at any time, but if the employee revokes the election, the employee 
85.32 	cannot make another election. An employee who makes an election under paragraph (a), 
85.33 	clause (2), may revoke the election at any time within six months after the person becomes 
85.34 	a state employee. Once an employee revokes this election, the employee cannot make 
85.35 	another election.
86.1 	(c) The Supreme Court, after consultation with the conference of chief judges
86.2 	Judicial Council, the commissioner of employee relations, and the executive directors 
86.3 	of the Public Employees Retirement Association and the Minnesota State Retirement 
86.4 	Association, shall adopt procedures for making elections under this section.
86.5 	(d) The Supreme Court shall notify all affected employees of the options available 
86.6 	under this section. The executive directors of the Public Employees Retirement 
86.7 	Association and the Minnesota State Retirement System shall provide counseling to 
86.8 	affected employees on the effect of making an election to remain a member of the Public 
86.9 	Employees Retirement Association.

86.10 	EFFECTIVE DATE. This section is effective July 1, 2006. 

86.11 	Sec. 15. Minnesota Statutes 2004, section 480.182, is amended to read:
86.12 	480.182 STATE ASSUMPTION OF CERTAIN COURT COSTS.
86.13 	(a) Notwithstanding any law to the contrary, the state courts will pay for the 
86.14 	following court-related programs and costs:
86.15 	(1) court interpreter program costs, including the costs of hiring court interpreters;
86.16 	(2) guardian ad litem program and personnel costs;
86.17 	(3) examination costs, not including hospitalization or treatment costs, for mental 
86.18 	commitments and related proceedings under chapter 253B;
86.19 	(4) examination costs under rule 20 of the Rules of Criminal Procedure;
86.20 	(5) in forma pauperis costs;
86.21 	(6) costs for transcripts mandated by statute, except in appeal cases and 
86.22 	postconviction cases handled by the Board of Public Defense; and
86.23 	(7) jury program costs, not including personnel.; and
86.24 	(b) In counties in a judicial district under section  480.181, subdivision 1, paragraph 
86.25 	(b), the state courts shall pay the (8) witness fees and mileage fees specified in sections  
86.26 	253B.23, subdivision 1;  260B.152, subdivision 2;  260C.152, subdivision 2;  260B.331, 
86.27 	subdivision 3, clause (a);  260C.331, subdivision 3, clause (a);  357.24;  357.32;  525.012, 
86.28 	subdivision 5; and  627.02. 

86.29 	EFFECTIVE DATE. This section is effective July 1, 2006. 

86.30 	Sec. 16. Minnesota Statutes 2004, section 484.01, subdivision 1, is amended to read:
86.31 		Subdivision 1.General. The district courts shall have original jurisdiction in the 
86.32 	following cases:
86.33 	(1) all civil actions within their respective districts,;
87.1 	(2)  in all cases of crime committed or triable therein,;
87.2 	(3) in all special proceedings not exclusively cognizable by some other court or 
87.3 	tribunal, and;
87.4 	(4) in law and equity for the administration of estates of deceased persons and all 
87.5 	guardianship and incompetency proceedings;
87.6 	(5) the jurisdiction of a juvenile court as provided in chapter 260;
87.7 	(6) proceedings for the management of the property of persons who have 
87.8 	disappeared, and actions relating thereto, as provided in chapter 576; and
87.9 	(7) in all other cases wherein such jurisdiction is especially conferred upon them 
87.10 	by law.
87.11 	They shall also have appellate jurisdiction in every case in which an appeal thereto 
87.12 	is allowed by law from any other court, officer, or body.

87.13 	EFFECTIVE DATE. This section is effective July 1, 2006. 

87.14 	Sec. 17. Minnesota Statutes 2004, section 484.011, is amended to read:
87.15 	484.011 JURISDICTION IN SECOND AND FOURTH JUDICIAL 
87.16 	DISTRICTS.
87.17 	In the Second and Fourth Judicial Districts The district court shall also be a probate 
87.18 	court.

87.19 	EFFECTIVE DATE. This section is effective July 1, 2006. 

87.20 	Sec. 18. Minnesota Statutes 2004, section 484.012, is amended to read:
87.21 	484.012 COURT ADMINISTRATOR OF PROBATE COURT, SECOND 
87.22 	JUDICIAL DISTRICT.
87.23 	Notwithstanding section  525.09 the judicial district administrator in the Second 
87.24 	Judicial District may appoint a court administrator of the Probate Court for the district 
87.25 	subject to the approval of the chief judge and assistant chief judge who shall serve at 
87.26 	the pleasure of the judges of the district, and who shall be supervised by the judicial 
87.27 	district administrator, and whose salary shall be fixed by the Ramsey County Board of 
87.28 	Commissioners. 

87.29 	EFFECTIVE DATE. This section is effective July 1, 2006. 

87.30 	Sec. 19. Minnesota Statutes 2004, section 484.45, is amended to read:
87.31 	484.45 COURTHOUSE; JAIL; EXPENSES; ST. LOUIS COUNTY.
88.1 	It is hereby made the duty of the board of county commissioners of the county of 
88.2 	St. Louis to furnish and maintain adequate accommodations for the holding of terms of 
88.3 	the district court at the city of Hibbing, and the city of Virginia, proper offices for these 
88.4 	deputies and a proper place for the confinement and maintenance of the prisoners at the 
88.5 	city of Hibbing and the city of Virginia.
88.6 	The county shall reimburse the court administrator and deputies as herein provided 
88.7 	for and the county attorney and assistants and the district judges of the district and the 
88.8 	official court reporter for their traveling expenses actually and necessarily incurred in the 
88.9 	performance of their respective official duties.

88.10 	EFFECTIVE DATE. This section is effective July 1, 2006. 

88.11 	Sec. 20. Minnesota Statutes 2004, section 484.54, subdivision 3, is amended to read:
88.12 		Subd. 3.Reimbursement filings. Each judge claiming reimbursement for allowable 
88.13 	expenses may file with the supreme court monthly and shall file not later than 90 days after 
88.14 	the expenses are incurred, an itemized statement, verified by the judge, of all allowable 
88.15 	expenses actually paid by the judge. All statements shall be audited by the Supreme Court 
88.16 	and, if approved by the Supreme Court, shall be paid by the commissioner of finance from 
88.17 	appropriations for this purpose.

88.18 	EFFECTIVE DATE. This section is effective July 1, 2006. 

88.19 	Sec. 21. Minnesota Statutes 2004, section 484.545, subdivision 1, is amended to read:
88.20 		Subdivision 1.Law clerk appointments. The Each district judges regularly 
88.21 	assigned to hold court in each judicial district except for the Second, Fourth, and Tenth 
88.22 	Judicial Districts may by orders filed with the court administrator and county auditor of 
88.23 	each county in the district judge may appoint a competent law clerk for every two district 
88.24 	court judges of the judicial district. The district judges regularly assigned to hold court 
88.25 	in the First and Tenth Judicial Districts may by orders filed with the court administrator 
88.26 	and county auditor of each county in the district appoint a competent law clerk for each 
88.27 	district court judge of the district.

88.28 	EFFECTIVE DATE. This section is effective July 1, 2006. 

88.29 	Sec. 22. Minnesota Statutes 2004, section 484.64, subdivision 3, is amended to read:
88.30 		Subd. 3.Chambers and supplies. The Board of County Commissioners of Ramsey 
88.31 	County shall provide suitable chambers and courtroom space, clerks, and bailiffs, and 
88.32 	other personnel to assist said judge, together with necessary library, supplies, stationery 
89.1 	and other expenses necessary thereto. The state shall provide referees, court reporters, law 
89.2 	clerks, and guardian ad litem program coordinators and staff.

89.3 	EFFECTIVE DATE. This section is effective July 1, 2006. 

89.4 	Sec. 23. Minnesota Statutes 2004, section 484.65, subdivision 3, is amended to read:
89.5 		Subd. 3.Space; personnel; supplies. The Board of County Commissioners of 
89.6 	Hennepin County shall provide suitable chambers and courtroom space, clerks, and
89.7 	bailiffs, and other personnel to assist said judge, together with necessary library, supplies, 
89.8 	stationery and other expenses necessary thereto. The state shall provide referees, court 
89.9 	reporters, law clerks, and guardian ad litem program coordinators and staff.

89.10 	EFFECTIVE DATE. This section is effective July 1, 2006. 

89.11 	Sec. 24. Minnesota Statutes 2004, section 484.68, subdivision 1, is amended to read:
89.12 		Subdivision 1.Appointment. By November 1, 1977, The chief judge of the judicial 
89.13 	district in each judicial district shall appoint a single district administrator, subject to the 
89.14 	approval of the Supreme Court, with the advice of the judges of the judicial district.
89.15 	The district administrator shall serve at the pleasure of a majority of the judges of 
89.16 	the judicial district.

89.17 	EFFECTIVE DATE. This section is effective July 1, 2006. 

89.18 	Sec. 25. Minnesota Statutes 2004, section 484.702, subdivision 5, is amended to read:
89.19 		Subd. 5.Rules. The Supreme Court, in consultation with the conference of chief 
89.20 	judges, shall adopt rules to implement the expedited child support hearing process under 
89.21 	this section.

89.22 	EFFECTIVE DATE. This section is effective July 1, 2006. 

89.23 	Sec. 26. [484.80] LOCATION OF TRIAL RULE.
89.24 	If a municipality is located in more than one county or district, the county in which 
89.25 	the city hall of the municipality is located determines the county or district in which the 
89.26 	municipality shall be deemed located for the purposes of this chapter provided, however, 
89.27 	that the municipality by ordinance enacted may designate, for those purposes, some other 
89.28 	county or district in which a part of the municipality is located.

89.29 	EFFECTIVE DATE. This section is effective July 1, 2006. 

90.1 	Sec. 27. [484.81] PLEADING; PRACTICE; PROCEDURE.
90.2 		Subdivision 1.General. Pleading, practice, procedure, and forms in civil actions 
90.3 	shall be governed by Rules of Civil Procedure which shall be adopted by the Supreme 
90.4 	Court.
90.5 		Subd. 2.Court rules. The court may adopt rules governing pleading, practice, 
90.6 	procedure, and forms for civil actions which are not inconsistent with the provisions of 
90.7 	governing statutes.

90.8 	EFFECTIVE DATE. This section is effective July 1, 2006. 

90.9 	Sec. 28. [484.82] MISDEMEANOR OFFENSES.
90.10 	A person who receives a misdemeanor citation shall proceed as follows: when a 
90.11 	fine is not paid, the person charged must appear before the court at the time specified in 
90.12 	the citation. If appearance before a misdemeanor bureau is designated in the citation, the 
90.13 	person charged must appear within the time specified in the citation and arrange a date for 
90.14 	arraignment in the district court.

90.15 	EFFECTIVE DATE. This section is effective July 1, 2006. 

90.16 	Sec. 29. [484.83] REINSTATEMENT OF FORFEITED SUMS.
90.17 	A district court judge may order any sums forfeited to be reinstated and the 
90.18 	commissioner of finance shall then refund accordingly. The commissioner of finance shall 
90.19 	reimburse the court administrator if the court administrator refunds the deposit upon a 
90.20 	judge's order and obtains a receipt to be used as a voucher.

90.21 	EFFECTIVE DATE. This section is effective July 1, 2006.

90.22 	Sec. 30. [484.84] DISPOSITION OF FINES, FEES, AND OTHER MONEY 
90.23 	ACCOUNTS; HENNEPIN COUNTY DISTRICT COURT.
90.24 		Subdivision 1.Disposition of fines, fees and other money; accounts.  (a) Except 
90.25 	as otherwise provided within this subdivision, and except as otherwise provided by law, 
90.26 	the court administrator shall pay to the Hennepin county treasurer all fines and penalties 
90.27 	collected by the court administrator, all fees collected by the court administrator for court 
90.28 	administrator's services, all sums forfeited to the court as provided in this subdivision, 
90.29 	and all other money received by the court administrator. 
90.30 	(b) The court administrator shall provide the county treasurer with the name of the 
90.31 	municipality or other subdivision of government where the offense was committed and 
90.32 	the name and official position of the officer who prosecuted the offense for each fine or 
91.1 	penalty, and the total amount of fines or penalties collected for each municipality or other 
91.2 	subdivision of government or for the county.
91.3 	(c) At the beginning of the first day of any month the amount owing to any 
91.4 	municipality or county in the hands of the court administrator shall not exceed $5,000. 	
91.5 	(d) On or before the last day of each month the county treasurer shall pay over to 
91.6 	the treasurer of each municipality or subdivision of government in Hennepin County all 
91.7 	fines or penalties collected during the previous month for offenses committed within 
91.8 	such municipality or subdivision of government, except that all such fines and penalties 
91.9 	attributable to cases in which the county attorney had charge of the prosecution shall be 
91.10 	retained by the county treasurer and credited to the county general revenue fund. 	
91.11 	(e) Amounts represented by checks issued by the court administrator or received by 
91.12 	the court administrator which have not cleared by the end of the month may be shown 
91.13 	on the monthly account as having been paid or received, subject to adjustment on later 
91.14 	monthly accounts. 	
91.15 	(f) The court administrator may receive negotiable instruments in payment of fines, 
91.16 	penalties, fees or other obligations as conditional payments, and is not held accountable 
91.17 	for this until collection in cash is made and then only to the extent of the net collection 
91.18 	after deduction of the necessary expense of collection.
91.19 		Subd. 2. Fees payable to administrator.   (a) The civil fees payable to the 
91.20 	administrator for services are the same in amount as the fees then payable to the District 
91.21 	Court of Hennepin County for like services.  Library and filing fees are not required of 
91.22 	the defendant in an eviction action.  The fees payable to the administrator for all other 
91.23 	services of the administrator or the court shall be fixed by rules promulgated by a majority 
91.24 	of the judges. 	
91.25 	(b) Fees are payable to the administrator in advance. 	
91.26 	(c) Judgments will be entered only upon written application. 	
91.27 	(d) The following fees shall be taxed for all charges filed in court where applicable: 
91.28 	(1) the state of Minnesota and any governmental subdivision within the jurisdictional 
91.29 	area of any district court herein established may present cases for hearing before said 
91.30 	district court; 
91.31 	(2) in the event the court takes jurisdiction of a prosecution for the violation of a 
91.32 	statute or ordinance by the state or a governmental subdivision other than a city or town 
91.33 	in Hennepin County, all fines, penalties, and forfeitures collected shall be paid over to 
91.34 	the treasurer of the governmental subdivision which submitted charges for prosecution 
91.35 	under ordinance violation and to the county treasurer in all other charges except where 
92.1 	a different disposition is provided by law, in which case, payment shall be made to the 
92.2 	public official entitled thereto.
92.3 	(e) The following fees shall be taxed to the county or to the state or governmental 
92.4 	subdivision which would be entitled to payment of the fines, forfeiture or penalties in any 
92.5 	case, and shall be paid to the court administrator for disposing of the matter: 	
92.6 	(1) For each charge where the defendant is brought into court and pleads guilty and 
92.7 	is sentenced, or the matter is otherwise disposed of without trial, $5. 	
92.8 	(2) In arraignments where the defendant waives a preliminary examination, $10. 	
92.9 	(3) For all other charges where the defendant stands trial or has a preliminary 
92.10 	examination by the court, $15. 	
92.11 	(f) This paragraph applies to the distribution of fines paid by defendants without a 
92.12 	court appearance in response to a citation.  On or before the tenth day after the last day of 
92.13 	the month in which the money was collected, the county treasurer shall pay 80 percent 
92.14 	of the fines to the treasurer of the municipality or subdivision within the county where 
92.15 	the violation was committed.  The remainder of the fines shall be credited to the general 
92.16 	revenue fund of the county.      

92.17 	EFFECTIVE DATE AND SUNSET. This section is effective July 1, 2006, and 
92.18 	expires June 30, 2007.

92.19 	Sec. 31. [484.841] DISPOSITION OF FINES, FEES, AND OTHER MONEY 
92.20 	ACCOUNTS; HENNEPIN COUNTY DISTRICT COURT.
92.21 		Subdivision 1.Disposition of fines, fees and other money; accounts.  (a) Except as 
92.22 	otherwise provided within this subdivision, and except as otherwise provided by law, the 
92.23 	court administrator shall pay all fines and penalties collected by the court administrator, 
92.24 	all fees collected by the court administrator for court administrator's services, all sums 
92.25 	forfeited to the court as provided in this subdivision, and all other money received by 
92.26 	the court administrator to the subdivision of government entitled to it as follows on or 
92.27 	before the 20th day after the last day of the month in which the money was collected. 
92.28 	Eighty percent of all fines and penalties collected during the previous month shall be paid 
92.29 	to the treasurer of the municipality or subdivision of government where the crime was 
92.30 	committed. The remainder of the fines and penalties shall be credited to the general fund 
92.31 	of the state. In all cases in which the county attorney had charge of the prosecution, all 
92.32 	fines and penalties shall be credited to the state general fund. 
92.33 	(b) The court administrator shall identify the name of the municipality or other 
92.34 	subdivision of government where the offense was committed and the total amount of fines 
93.1 	or penalties collected for each municipality or other subdivision of government, for the 
93.2 	county, or for the state.
93.3 	(c) Amounts represented by checks issued by the court administrator or received by 
93.4 	the court administrator which have not cleared by the end of the month may be shown 
93.5 	on the monthly account as having been paid or received, subject to adjustment on later 
93.6 	monthly accounts. 	
93.7 	(d) The court administrator may receive negotiable instruments in payment of fines, 
93.8 	penalties, fees or other obligations as conditional payments, and is not held accountable 
93.9 	for this until collection in cash is made and then only to the extent of the net collection 
93.10 	after deduction of the necessary expense of collection.
93.11 		Subd. 2. Fees payable to administrator.   (a) The civil fees payable to the 
93.12 	administrator for services are the same in amount as the fees then payable to the District 
93.13 	Court of Hennepin County for like services.  Library and filing fees are not required of 
93.14 	the defendant in an eviction action.  The fees payable to the administrator for all other 
93.15 	services of the administrator or the court shall be fixed by rules promulgated by a majority 
93.16 	of the judges. 	
93.17 	(b) Fees are payable to the administrator in advance. 	
93.18 	(c) Judgments will be entered only upon written application. 	

93.19 	EFFECTIVE DATE. This section is effective July 1, 2007.

93.20 	Sec. 32. [484.85] DISPOSITION OF FINES, FEES, AND OTHER MONEY; 
93.21 	ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
93.22 	(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution 
93.23 	for the violation of a statute or ordinance by the state or a governmental subdivision other 
93.24 	than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be 
93.25 	paid over to the county treasurer except where a different disposition is provided by law, 
93.26 	and the following fees shall be taxed to the state or governmental subdivision other than 
93.27 	a city or town within Ramsey County which would be entitled to payment of the fines, 
93.28 	forfeitures, or penalties in any case, and shall be paid to the administrator of the court for 
93.29 	disposal of the matter. The administrator shall deduct the fees from any fine collected for 
93.30 	the state of Minnesota or a governmental subdivision other than a city or town within 
93.31 	Ramsey County and transmit the balance in accordance with the law, and the deduction of 
93.32 	the total of the fees each month from the total of all the fines collected is hereby expressly 
93.33 	made an appropriation of funds for payment of the fees: 
93.34 	(1) in all cases where the defendant is brought into court and pleads guilty and is 
93.35 	sentenced, or the matter is otherwise disposed of without a trial, $5;
94.1 	(2) in arraignments where the defendant waives a preliminary examination, $10;
94.2 	(3) in all other cases where the defendant stands trial or has a preliminary 
94.3 	examination by the court, $15; and 
94.4 	(4) the court shall have the authority to waive the collection of fees in any particular 
94.5 	case.
94.6 	(b) On or before the last day of each month, the county treasurer shall pay over 
94.7 	to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures 
94.8 	collected and to the treasurer of each other municipality or subdivision of government in 
94.9 	Ramsey County one-half of all fines or penalties collected during the previous month from 
94.10 	those imposed for offenses committed within the treasurer's municipality or subdivision 
94.11 	of government in violation of a statute; an ordinance; or a charter provision, rule, or 
94.12 	regulation of a city. All other fines and forfeitures and all fees and costs collected by the 
94.13 	district court shall be paid to the treasurer of Ramsey County, who shall dispense the 
94.14 	same as provided by law. 

94.15 	EFFECTIVE DATE. This section is effective July 1, 2006. 

94.16 	Sec. 33. [484.86] COURT DIVISIONS.
94.17 		Subdivision 1.Authority. Subject to the provisions of section 244.19 and rules of 
94.18 	the Supreme Court, a court may establish a probate division, a family court division, 
94.19 	juvenile division, and a civil and criminal division which shall include a conciliation 
94.20 	court, and may establish within the civil and criminal division a traffic and ordinance 
94.21 	violations bureau.
94.22 		Subd. 2.Establishment. The court may establish, consistent with Rule 23 of the 
94.23 	Rules of Criminal Procedure, misdemeanor violations bureaus at the places it determines.

94.24 	EFFECTIVE DATE. This section is effective July 1, 2006. 

94.25 	Sec. 34. [484.87] PLEADING, PRACTICE, PROCEDURE, AND FORMS IN 
94.26 	CRIMINAL PROCEEDINGS.
94.27 		Subdivision 1.Right to jury trial. In any prosecution brought in a district court in 
94.28 	which conviction of the defendant for the offense charged could result in imprisonment, 
94.29 	the defendant has the right to a jury trial.
94.30 		Subd. 2.Prosecuting attorneys in Hennepin and Ramsey Counties. In the 
94.31 	counties of Hennepin and Ramsey, except as otherwise provided in this subdivision and 
94.32 	section 388.051, subdivision 2, the attorney of the municipality in which the violation is 
94.33 	alleged to have occurred has charge of the prosecution of all violations of the state laws, 
95.1 	including violations which are gross misdemeanors, and municipal charter provisions, 
95.2 	ordinances, rules, and regulations triable in the district court, and shall prepare complaints 
95.3 	for the violations. The county attorney has charge of the prosecution of a violation triable 
95.4 	in district court and shall prepare a complaint for the violation:
95.5 	(1) if the county attorney is specifically designated by law as the prosecutor for the 
95.6 	particular violation charged; or
95.7 	(2) if the alleged violation is of state law and is alleged to have occurred in a 
95.8 	municipality or other subdivision of government whose population according to the most 
95.9 	recent federal decennial census is less than 2,500 and whose governing body, or the town 
95.10 	board in the case of a town, has accepted this clause by majority vote, and if the defendant 
95.11 	is cited or arrested by a member of the staff of the sheriff of Hennepin County or by a 
95.12 	member of the State Patrol.
95.13 	Clause (2) shall not apply to a municipality or other subdivision of government 
95.14 	whose population according to the most recent federal decennial census is 2,500 or more, 
95.15 	regardless of whether or not it has previously accepted clause (2).
95.16 		Subd. 3.Prosecuting attorneys.  Except as provided in subdivision 2 and as 
95.17 	otherwise provided by law, violations of state law that are petty misdemeanors or 
95.18 	misdemeanors must be prosecuted by the attorney of the statutory or home rule charter 
95.19 	city where the violation is alleged to have occurred, if the city has a population greater 
95.20 	than 600. If a city has a population of 600 or less, it may, by resolution of the city council, 
95.21 	and with the approval of the board of county commissioners, give the duty to the county 
95.22 	attorney. In cities of the first, second, and third class, gross misdemeanor violations of 
95.23 	sections  609.52,  609.535,  609.595,  609.631, and 609.821 must be prosecuted by the 
95.24 	attorney of the city where the violation is alleged to have occurred. The statutory or 
95.25 	home rule charter city may enter into an agreement with the county board and the 
95.26 	county attorney to provide prosecution services for any criminal offense. All other petty 
95.27 	misdemeanors, misdemeanors, and gross misdemeanors must be prosecuted by the 
95.28 	county attorney of the county in which the alleged violation occurred. All violations of 
95.29 	a municipal ordinance, charter provision, rule, or regulation must be prosecuted by the 
95.30 	attorney for the governmental unit that promulgated the municipal ordinance, charter 
95.31 	provision, rule, or regulation, regardless of its population, or by the county attorney with 
95.32 	whom it has contracted to prosecute these matters.
95.33 	In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of 
95.34 	state law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as 
95.35 	provided in section  388.051, subdivision 2, must be prosecuted by the attorney of the 
95.36 	statutory or home rule charter city where the violation is alleged to have occurred. The 
96.1 	statutory or home rule charter city may enter into an agreement with the county board and 
96.2 	the county attorney to provide prosecution services for any criminal offense. All other 
96.3 	petty misdemeanors, misdemeanors, or gross misdemeanors must be prosecuted by the 
96.4 	county attorney of the county in which the alleged violation occurred. All violations of 
96.5 	a municipal ordinance, charter provision, rule, or regulation must be prosecuted by the 
96.6 	attorney for the governmental unit that promulgated the municipal ordinance, charter 
96.7 	provision, rule, or regulation or by the county attorney with whom it has contracted to 
96.8 	prosecute these matters.
96.9 		Subd. 4.Presumption of innocence; conviction of lowest degree. In an action 
96.10 	or proceeding charging a violation of an ordinance of any subdivision of government in 
96.11 	Hennepin County, if such ordinance is the same or substantially the same as a state law, 
96.12 	the provisions of section 611.02 shall apply.
96.13 		Subd. 5. Assistance of attorney general.  An attorney for a statutory or home 
96.14 	rule charter city in the metropolitan area, as defined in section  473.121, subdivision 2, 
96.15 	may request, and the attorney general may provide, assistance in prosecuting nonfelony 
96.16 	violations of section  609.66, subdivision 1;  609.666;  624.713, subdivision 2;  624.7131, 
96.17 	subdivision 11;  624.7132, subdivision 15;  624.714, subdivision 1 or 10;  624.7162, 
96.18 	subdivision 3; or  624.7181, subdivision 2.

96.19 	EFFECTIVE DATE. This section is effective July 1, 2006. 

96.20 	Sec. 35. [484.88] COUNTY ATTORNEY AS PROSECUTOR; NOTICE TO 
96.21 	COUNTY.
96.22 	A municipality or other subdivision of government seeking to use the county 
96.23 	attorney for violations enumerated in section 484.87, subdivision 2, shall notify the county 
96.24 	board of its intention to use the services of the county attorney at least 60 days prior to 
96.25 	the adoption of the board's annual budget each year. A municipality may enter into an 
96.26 	agreement with the county board and the county attorney to provide prosecution services 
96.27 	for any criminal offense on a case-by-case basis.

96.28 	EFFECTIVE DATE. This section is effective July 1, 2006. 

96.29 	Sec. 36. [484.89] ORDER FOR PRISON RELEASE.
96.30 	When a person is confined to the Hennepin County Adult Correctional Facility and a 
96.31 	fine is remitted or a sentence is stayed or suspended, the person released on parole, or the 
96.32 	release of the person secured by payment of the fine in default of which the person was 
96.33 	committed, the prisoner shall not be released except upon order of the court. A written 
97.1 	transcript of such order signed by the court administrator and under the court's seal shall 
97.2 	be furnished to the superintendent of the Hennepin County Adult Correctional Facility. 
97.3 	All cost of confinement or imprisonment in any jail or correctional facility shall be paid by 
97.4 	the municipality or subdivision of government in Hennepin County in which the violation 
97.5 	occurred, except that the county shall pay all costs of confinement or imprisonment 
97.6 	incurred as a result of a prosecution of a gross misdemeanor.

97.7 	EFFECTIVE DATE. This section is effective July 1, 2006. 

97.8 	Sec. 37. [484.90] FEES PAYABLE TO COURT ADMINISTRATOR.
97.9 		Subdivision 1.Fees. The fees payable to the court administrator for the following 
97.10 	services in petty misdemeanors or criminal actions are governed by the following 
97.11 	provisions:
97.12 	In the event the court takes jurisdiction of a prosecution for the violation of a statute 
97.13 	or ordinance by the state or a governmental subdivision other than a city or town within 
97.14 	the county court district; all fines, penalties and forfeitures collected shall be paid over 
97.15 	to the treasurer of the governmental subdivision which submitted a case for prosecution 
97.16 	except where a different disposition is provided by law, in which case payment shall 
97.17 	be made to the public official entitled thereto. The following fees for services in petty 
97.18 	misdemeanor or criminal actions shall be taxed to the state or governmental subdivision 
97.19 	which would be entitled to payment of the fines, forfeiture or penalties in any case, and 
97.20 	shall be retained by the court administrator for disposing of the matter but in no case shall 
97.21 	the fee that is taxed exceed the fine that is imposed. The court administrator shall deduct 
97.22 	the fees from any fine collected and transmit the balance in accordance with the law, and 
97.23 	the deduction of the total of such fees each month from the total of all such fines collected 
97.24 	is hereby expressly made an appropriation of funds for payment of such fees:
97.25 	(1) in all cases where the defendant pleads guilty at or prior to first appearance and 
97.26 	sentence is imposed or the matter is otherwise disposed of without a trial, $5;
97.27 	(2) where the defendant pleads guilty after first appearance or prior to trial, $10;
97.28 	(3) in all other cases where the defendant is found guilty by the court or jury or 
97.29 	pleads guilty during trial, $15; and
97.30 	(4) the court shall have the authority to waive the collection of fees in any particular 
97.31 	case.
97.32 	The fees set forth in this subdivision shall not apply to parking violations for which 
97.33 	complaints and warrants have not been issued.
97.34 		Subd. 2.Miscellaneous fees. Fees payable to the court administrator for all other 
97.35 	services shall be fixed by court rule.
98.1 		Subd. 3.Payment in advance. Except as provided in subdivision 1, fees are 
98.2 	payable to the court administrator in advance.
98.3 		Subd. 4.Fines paid by check.  Amounts represented by checks issued by the court 
98.4 	administrator or received by the court administrator which have not cleared by the end of 
98.5 	the month may be shown on the monthly account as having been paid or received, subject 
98.6 	to adjustment on later monthly accounts. 
98.7 		Subd. 5. Checks.  	The court administrator may receive checks in payment of fines, 
98.8 	penalties, fees or other obligations as conditional payments, and is not held accountable 
98.9 	therefor until collection in cash is made and then only to the extent of the net collection 
98.10 	after deduction of the necessary expense of collection. 	
98.11 		Subd. 6. Allocation.  The court administrator shall provide the county treasurer with 
98.12 	the name of the municipality or other subdivision of government where the offense was 
98.13 	committed which employed or provided by contract the arresting or apprehending officer 
98.14 	and the name of the municipality or other subdivision of government which employed the 
98.15 	prosecuting attorney or otherwise provided for prosecution of the offense for each fine or 
98.16 	penalty and the total amount of fines or penalties collected for each municipality or other 
98.17 	subdivision of government.  On or before the last day of each month, the county treasurer 
98.18 	shall pay over to the treasurer of each municipality or subdivision of government within 
98.19 	the county all fines or penalties for parking violations for which complaints and warrants 
98.20 	have not been issued and one third of all fines or penalties collected during the previous 
98.21 	month for offenses committed within the municipality or subdivision of government 
98.22 	from persons arrested or issued citations by officers employed by the municipality or 
98.23 	subdivision or provided by the municipality or subdivision by contract.  An additional one 
98.24 	third of all fines or penalties shall be paid to the municipality or subdivision of government 
98.25 	providing prosecution of offenses of the type for which the fine or penalty is collected 
98.26 	occurring within the municipality or subdivision, imposed for violations of state statute 
98.27 	or of an ordinance, charter provision, rule, or regulation of a city whether or not a guilty 
98.28 	plea is entered or bail is forfeited.  Except as provided in section 299D.03, subdivision 5, 
98.29 	or as otherwise provided by law, all other fines and forfeitures and all fees and statutory 
98.30 	court costs collected by the court administrator shall be paid to the county treasurer of the 
98.31 	county in which the funds were collected who shall dispense them as provided by law. 
98.32 	In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), all 
98.33 	other fines, forfeitures, fees, and statutory court costs must be paid to the commissioner of 
98.34 	finance for deposit in the state treasury and credited to the general fund.

98.35 	EFFECTIVE DATE. This section is effective July 1, 2006. 

99.1 	Sec. 38. [484.91] MISDEMEANOR VIOLATIONS BUREAUS.
99.2 		Subdivision 1.Establishment. Misdemeanor violations bureaus shall be established 
99.3 	in Minneapolis, a southern suburb location, and at any other northern and western 
99.4 	suburban locations dispersed throughout the county as may be designated by a majority of 
99.5 	the judges of the court.
99.6 		Subd. 2.Supervision. The court shall supervise and the court administrator 
99.7 	shall operate the misdemeanor violations bureaus in accordance with Rule 23 of the 
99.8 	Rules of Criminal Procedure. Subject to approval by a majority of the judges, the court 
99.9 	administrator shall assign one or more deputy court administrators to discharge and 
99.10 	perform the duties of the bureau.
99.11 		Subd. 3.Uniform traffic ticket. The Hennepin County Board may alter by deletion 
99.12 	or addition the uniform traffic ticket, provided in section 169.99, in such manner as it 
99.13 	deems advisable for use in Hennepin County.
99.14 		Subd. 4.Procedure by person receiving misdemeanor citation. A person who 
99.15 	receives a misdemeanor or petty misdemeanor citation shall proceed as follows:
99.16 	(a) If a fine for the violation may be paid at the bureau without appearance before a 
99.17 	judge, the person charged may pay the fine in person or by mail to the bureau within the 
99.18 	time specified in the citation. Payment of the fine shall be deemed to be the entry of a 
99.19 	plea of guilty to the violation charged and a consent to the imposition of a sentence for the 
99.20 	violation in the amount of the fine paid. A receipt shall be issued to evidence the payment 
99.21 	and the receipt shall be satisfaction for the violation charged in that citation.
99.22 	(b) When a fine is not paid, the person charged must appear at a bureau within the 
99.23 	time specified in the citation, state whether the person desires to enter a plea of guilty or 
99.24 	not guilty, arrange for a date for arraignment in court and appear in court for arraignment 
99.25 	on the date set by the bureaus.

99.26 	EFFECTIVE DATE. This section is effective July 1, 2006. 

99.27 	Sec. 39. [484.92] ADDITIONAL EMPLOYEES.
99.28 		Subdivision 1.Bailiffs.  The sheriff of a county shall furnish to the district court 
99.29 	deputies to serve as bailiffs within the county as the court may request.  The county board 
99.30 	may, with the approval of the chief judge of the district, contract with any municipality, 
99.31 	upon terms agreed upon, for the services of police officers of the municipality to act as 
99.32 	bailiffs in the county district court.
99.33 	Nothing contained herein shall be construed to limit the authority of the court to 
99.34 	employ probation officers with the powers and duties prescribed in section 244.19. 
100.1 		Subd. 2. Transcription of court proceedings.  Electronic recording equipment may 
100.2 	be used for the purposes of Laws 1971, chapter 951, to record court proceedings in lieu of 
100.3 	a court reporter.  However, at the request of any party to any proceedings the court may in 
100.4 	its discretion require the proceedings to be recorded by a competent court reporter who 
100.5 	shall perform such additional duties as the court directs.  The salary of a reporter shall be 
100.6 	set in accordance with the procedure provided by sections 486.05 and 486.06.

100.7 	EFFECTIVE DATE. This section is effective July 1, 2006. 

100.8 	Sec. 40. Minnesota Statutes 2005 Supplement, section 485.01, is amended to read:
100.9 	485.01 APPOINTMENT; BOND; DUTIES.
100.10 	A clerk of the district court for each county within the judicial district, who shall be 
100.11 	known as the court administrator, shall be appointed by a majority of the district court 
100.12 	judges in the district. The clerk, before entering upon the duties of office, shall give bond 
100.13 	to the state, to be approved by the chief judge of the judicial district, conditioned for the 
100.14 	faithful discharge of official duties. The bond, with An oath of office, shall be recorded 
100.15 	with the county recorder court administrator. The clerk court administrator shall perform 
100.16 	all duties assigned by law and by the rules of the court. The clerk court administrator
100.17 	and all deputy clerks deputies must not practice as attorneys in the court in which they 
100.18 	are employed.
100.19 	The duties, functions, and responsibilities which have been and may be required 
100.20 	by law or rule to be performed by the clerk of district court shall be performed by the 
100.21 	court administrator.

100.22 	EFFECTIVE DATE. This section is effective July 1, 2006. 

100.23 	Sec. 41. Minnesota Statutes 2004, section 485.018, subdivision 5, is amended to read:
100.24 		Subd. 5.Collection of fees. The court administrator of district court shall charge and 
100.25 	collect all fees as prescribed by law and all such fees collected by the court administrator 
100.26 	as court administrator of district court shall be paid to the county treasurer Department of 
100.27 	Finance. Except for those portions of forfeited bail paid to victims pursuant to existing 
100.28 	law, the county treasurer court administrator shall forward all revenue from fees and 
100.29 	forfeited bail collected under chapters 357, 487, and 574 to the commissioner of finance 
100.30 	for deposit in the state treasury and credit to the general fund, unless otherwise provided in 
100.31 	chapter 611A or other law, in the manner and at the times prescribed by the commissioner 
100.32 	of finance, but not less often than once each month. If the defendant or probationer 
100.33 	is located after forfeited bail proceeds have been forwarded to the commissioner of 
101.1 	finance, the commissioner of finance shall reimburse the county, on request, for actual 
101.2 	costs expended for extradition, transportation, or other costs necessary to return the 
101.3 	defendant or probationer to the jurisdiction where the bail was posted, in an amount not 
101.4 	more than the amount of forfeited bail. The court administrator of district court shall not 
101.5 	retain any additional compensation, per diem or other emolument for services as court 
101.6 	administrator of district court, but may receive and retain mileage and expense allowances 
101.7 	as prescribed by law.

101.8 	EFFECTIVE DATE. This section is effective July 1, 2006. 

101.9 	Sec. 42. Minnesota Statutes 2004, section 485.021, is amended to read:
101.10 	485.021 INVESTMENT OF FUNDS DEPOSITED WITH COURT 
101.11 	ADMINISTRATOR.
101.12 	When money is paid into court pursuant to court order, the court administrator of 
101.13 	district court, unless the court order specifies otherwise, may place such moneys with the 
101.14 	county treasurer Department of Finance for investment, as provided by law. When such 
101.15 	moneys are subsequently released, or otherwise treated, by court order, the same shall be 
101.16 	immediately paid over by the county treasurer to the court administrator of district court 
101.17 	who shall then fulfill the direction of the court order relative to such moneys.

101.18 	EFFECTIVE DATE. This section is effective July 1, 2006. 

101.19 	Sec. 43. Minnesota Statutes 2005 Supplement, section 485.03, is amended to read:
101.20 	485.03 DEPUTIES.
101.21 	(a) The county board shall determine the number of permanent full time deputies, 
101.22 	clerks and other employees in the office of the court administrator of district court and 
101.23 	shall fix the compensation for each position. The county board shall also budget for 
101.24 	temporary deputies and other employees and shall fix their rates of compensation. 
101.25 	This paragraph does not apply to a county in a judicial district under section 480.181, 
101.26 	subdivision 1, paragraph (b).
101.27 	(b) The court administrator shall appoint in writing the deputies and other 
101.28 	employees, for whose acts the court administrator shall be responsible, and whom the 
101.29 	court administrator may remove at pleasure. Before each enters upon official duties, 
101.30 	the appointment and oath of each shall be recorded with the county recorder court 
101.31 	administrator.

101.32 	EFFECTIVE DATE. This section is effective July 1, 2006. 

102.1 	Sec. 44. Minnesota Statutes 2005 Supplement, section 485.05, is amended to read:
102.2 	485.05 DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY.
102.3 	In all counties in the state now or hereafter having a population of more than 150,000 
102.4 	and wherein regular terms of the district court are held in three or more places, the court 
102.5 	administrator of the district court therein, by an instrument in writing, under the court 
102.6 	administrator's hand and seal, and with the approval of the district judge of the judicial 
102.7 	district in which said county is situated, or, if there be more than one such district judge, 
102.8 	with the approval of a majority thereof, may appoint deputies for whose acts the court 
102.9 	administrator shall be responsible, such deputies to hold office as such until they shall 
102.10 	be removed therefrom, which removal shall not be made except with the approval of the 
102.11 	district judge or judges. The appointment and oath of every such deputy shall be recorded 
102.12 	with the county recorder court administrator.

102.13 	EFFECTIVE DATE. This section is effective July 1, 2006. 

102.14 	Sec. 45. Minnesota Statutes 2004, section 485.11, is amended to read:
102.15 	485.11 PRINTED CALENDARS.
102.16 	The court administrator of the district court in each of the several counties of this 
102.17 	state shall provide calendars either printed or otherwise duplicated of the cases to be tried 
102.18 	at the general terms thereof at the expense of the counties where such court is held. This 
102.19 	section shall not apply to a county where only one term of court is held each year.

102.20 	EFFECTIVE DATE. This section is effective July 1, 2006. 

102.21 	Sec. 46. Minnesota Statutes 2004, section 517.041, is amended to read:
102.22 	517.041 POWER TO APPOINT COURT COMMISSIONER; DUTY.
102.23 	The county court of the combined county court district of Benton and Stearns may 
102.24 	appoint as court commissioner a person who was formerly employed by that county court 
102.25 	district as a court commissioner.
102.26 	The county court of the Third or Fifth Judicial Districts District  may appoint as court 
102.27 	commissioner for Brown, Dodge, Fillmore and Olmsted Counties respectively a person 
102.28 	who was formerly employed by those counties as a court commissioner.
102.29 	The sole duty of an appointed court commissioner is to solemnize marriages.

102.30 	EFFECTIVE DATE. This section is effective July 1, 2006. 

102.31 	Sec. 47. Minnesota Statutes 2004, section 518.157, subdivision 2, is amended to read:
103.1 		Subd. 2.Minimum standards; plan. The Minnesota Supreme Court should 
103.2 	promulgate minimum standards for the implementation and administration of a parent 
103.3 	education program. The chief judge of each judicial district or a designee shall submit 
103.4 	a plan to the Minnesota conference of chief judges for their approval that is designed to 
103.5 	implement and administer a parent education program in the judicial district. The plan 
103.6 	must be consistent with the minimum standards promulgated by the Minnesota Supreme 
103.7 	Court.

103.8 	EFFECTIVE DATE. This section is effective July 1, 2006. 

103.9 	Sec. 48. Minnesota Statutes 2004, section 518B.01, is amended by adding a 
103.10 	subdivision to read:
103.11 		Subd. 19a.Entry and enforcement of foreign protective orders. (a) As used in 
103.12 	this subdivision, "foreign protective order" means an order for protection entered by a 
103.13 	court of another state; an order by an Indian tribe or United States territory that would be a 
103.14 	protective order entered under this chapter; a temporary or permanent order or protective 
103.15 	order to exclude a respondent from a dwelling; or an order that establishes conditions of 
103.16 	release or is a protective order or sentencing order in a criminal prosecution arising from a 
103.17 	domestic abuse assault if it had been entered in Minnesota.
103.18 	(b) A person for whom a foreign protection order has been issued or the issuing court 
103.19 	or tribunal may provide a certified or authenticated copy of a foreign protective order to the 
103.20 	court administrator in any county that would have venue if the original action was being 
103.21 	commenced in this state or in which the person in whose favor the order was entered may 
103.22 	be present, for filing and entering of the same into the state order for protection database.
103.23 	(c) The court administrator shall file and enter foreign protective orders that are 
103.24 	not certified or authenticated, if supported by an affidavit of a person with personal 
103.25 	knowledge, subject to the penalties for perjury. The person protected by the order may 
103.26 	provide this affidavit.
103.27 	(d) The court administrator shall provide copies of the order as required by this 
103.28 	section.
103.29 	(e) A valid foreign protective order has the same effect and shall be enforced in the 
103.30 	same manner as an order for protection issued in this state whether or not filed with a court 
103.31 	administrator or otherwise entered in the state order for protection database.
103.32 	(f) A foreign protective order is presumed valid if it meets all of the following:
103.33 	(1) the order states the name of the protected individual and the individual against 
103.34 	whom enforcement is sought;
103.35 	(2) the order has not expired;
104.1 	(3) the order was issued by a court or tribunal that had jurisdiction over the parties 
104.2 	and subject matter under the law of the foreign jurisdiction; and
104.3 	(4) the order was issued in accordance with the respondent's due process rights, 
104.4 	either after the respondent was provided with reasonable notice and an opportunity to be 
104.5 	heard before the court or tribunal that issued the order, or in the case of an ex parte order, 
104.6 	the respondent was granted notice and an opportunity to be heard within a reasonable 
104.7 	time after the order was issued.
104.8 	(g) Proof that a foreign protective order failed to meet all of the factors listed in 
104.9 	paragraph (f) is an affirmative defense in any action seeking enforcement of the order.
104.10 	(h) A peace officer shall treat a foreign protective order as a valid legal document 
104.11 	and shall make an arrest for a violation of the foreign protective order in the same manner 
104.12 	that a peace officer would make an arrest for a violation of a protective order issued 
104.13 	within this state.
104.14 	(i) The fact that a foreign protective order has not been filed with the court 
104.15 	administrator or otherwise entered into the state order for protection database shall not be 
104.16 	grounds to refuse to enforce the terms of the order unless it is apparent to the officer that 
104.17 	the order is invalid on its face.
104.18 	(j) A peace officer acting reasonably and in good faith in connection with the 
104.19 	enforcement of a foreign protective order is immune from civil and criminal liability in 
104.20 	any action arising in connection with the enforcement.
104.21 	(k) Filing and service costs in connection with foreign protective orders are waived.

104.22 	EFFECTIVE DATE. This section is effective July 1, 2006.

104.23 	Sec. 49. Minnesota Statutes 2004, section 546.27, subdivision 2, is amended to read:
104.24 		Subd. 2.Board of judicial standards review. At least annually, the board on 
104.25 	judicial standards shall review the compliance of each district, county, or municipal judge 
104.26 	with the provisions of subdivision 1. To facilitate this review, the director of the state 
104.27 	judicial information system shall notify the executive secretary of the state board on 
104.28 	judicial standards when a matter exceeds 90 days without a disposition. The board shall 
104.29 	notify the commissioner of finance of each judge not in compliance. If the board finds that 
104.30 	a judge has compelling reasons for noncompliance, it may decide not to issue the notice. 
104.31 	Upon notification that a judge is not in compliance, the commissioner of finance shall 
104.32 	not pay the salary of that judge. The board may cancel a notice of noncompliance upon 
104.33 	finding that a judge is in compliance, but in no event shall a judge be paid a salary for the 
104.34 	period in which the notification of noncompliance was in effect.

105.1 	EFFECTIVE DATE. This section is effective July 1, 2006. 

105.2 	Sec. 50. Minnesota Statutes 2004, section 609.101, subdivision 4, is amended to read:
105.3 		Subd. 4.Minimum fines; other crimes. Notwithstanding any other law:
105.4 	(1) when a court sentences a person convicted of a felony that is not listed in 
105.5 	subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine 
105.6 	authorized by law nor more than the maximum fine authorized by law; and
105.7 	(2) when a court sentences a person convicted of a gross misdemeanor or 
105.8 	misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than 
105.9 	30 percent of the maximum fine authorized by law nor more than the maximum fine 
105.10 	authorized by law, unless the fine is set at a lower amount on a uniform fine schedule 
105.11 	established by the conference of chief judges Judicial Council in consultation with affected 
105.12 	state and local agencies. This schedule shall be promulgated not later than September 1 of 
105.13 	each year and shall become effective on January 1 of the next year unless the legislature, 
105.14 	by law, provides otherwise.
105.15 	The minimum fine required by this subdivision is in addition to the surcharge or 
105.16 	assessment required by section  357.021, subdivision 6, and is in addition to any sentence 
105.17 	of imprisonment or restitution imposed or ordered by the court. 
105.18 	The court shall collect the fines mandated in this subdivision and, except for fines for 
105.19 	traffic and motor vehicle violations governed by section  169.871 and section  299D.03 and 
105.20 	fish and game violations governed by section  97A.065, forward 20 percent of the revenues 
105.21 	to the commissioner of finance for deposit in the general fund. 

105.22 	EFFECTIVE DATE. This section is effective July 1, 2006. 

105.23 	Sec. 51. Minnesota Statutes 2004, section 629.74, is amended to read:
105.24 	629.74 PRETRIAL BAIL EVALUATION.
105.25 	The local corrections department or its designee shall conduct a pretrial bail 
105.26 	evaluation of each defendant arrested and detained for committing a crime of violence 
105.27 	as defined in section  624.712, subdivision 5, a gross misdemeanor violation of section  
105.28 	609.224 or  609.2242, or a nonfelony violation of section  518B.01,  609.2231,  609.3451,  
105.29 	609.748, or  609.749. In cases where the defendant requests appointed counsel, the 
105.30 	evaluation shall include completion of the financial statement required by section  
105.31 	611.17. The local corrections department shall be reimbursed $25 by the Department of 
105.32 	Corrections for each evaluation performed. The conference of chief judges, Judicial 
106.1 	Council in consultation with the Department of Corrections, shall approve the pretrial 
106.2 	evaluation form to be used in each county. 

106.3 	EFFECTIVE DATE. This section is effective July 1, 2006. 

106.4 	Sec. 52. Minnesota Statutes 2004, section 641.25, is amended to read:
106.5 	641.25 DISTRICT JAILS; HOW DESIGNATED.
106.6 	The commissioner of corrections, with the consent of the county board, may 
106.7 	designate any suitable jail in the state as a district jail, to be used for the detention of 
106.8 	prisoners from other counties in addition to those of its own. If the jail or its management 
106.9 	becomes unfit for that purpose, the commissioner may rescind its designation. Whenever 
106.10 	there is no sufficient jail in any county, the examining county or municipal judge, or upon 
106.11 	the judge's own motion, or the judge of the district court, upon application of the sheriff, 
106.12 	may order any person charged with a criminal offense committed to a sufficient jail in 
106.13 	some other county. If there is a district jail in the judicial district, the charged person shall 
106.14 	be sent to it, or to any other nearer district jail designated by the judge. The sheriff of the 
106.15 	county containing the district jail, on presentation of the order, shall receive, keep in 
106.16 	custody, and deliver the charged person up upon the order of the court or a judge.

106.17 	EFFECTIVE DATE. This section is effective July 1, 2006. 

106.18 	Sec. 53. Laws 2002, chapter 266, section 1,  as amended by Laws 2004, chapter 290, 
106.19 	section 38, is amended to read:
106.20 	Section 1.  DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT 
106.21 	EXTENSION.
106.22 	
106.23 	The fourth judicial district may extend the duration of the  pilot project authorized 
106.24 	by Laws 1999, chapter 216, article 2,  section 27, and Laws 2000, chapter 468, sections 
106.25 	29 to 32, until  December 31,  2006 2008.  If the pilot project is extended, the  domestic 
106.26 	fatality review team shall submit a report on the  project to the legislature by January 
106.27 	15,  2007 2009.  

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

106.29 	Sec. 54.  REPEALER.
 106.30 	Minnesota Statutes 2004, sections 484.013, subdivision 8; 484.545, subdivisions 2 
106.31 	and 3; 484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, and 8; 485.12; 
107.1 	487.01; 487.02; 487.03; 487.04; 487.07; 487.10; 487.11; 487.13; 487.14; 487.15; 487.16; 
107.2 	487.17; 487.18; 487.19; 487.191; 487.20; 487.21; 487.23; 487.24; 487.25; 487.26; 
107.3 	487.27; 487.28; 487.29; 487.31; 487.32; 487.33; 487.34; 487.36; 487.37; 487.38; 487.40; 
107.4 	488A.01; 488A.021; 488A.025; 488A.03; 488A.035; 488A.04; 488A.08; 488A.09; 
107.5 	488A.10; 488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; 
107.6 	488A.18; 488A.19; 488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27; 488A.28; 
107.7 	488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 525.014; 
107.8 	525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08; 525.081; 
107.9 	525.082; 525.09; and 625.09, and Minnesota Statutes 2005 Supplement, sections 353.027; 
107.10 	and 485.03, are repealed.

107.11 	EFFECTIVE DATE. This section is effective July 1, 2006.

107.12 	ARTICLE 6
107.13 	EMERGENCY COMMUNICATIONS

107.14 	Section 1. Minnesota Statutes 2004, section 237.49, is amended to read:
107.15 	237.49 COMBINED LOCAL ACCESS SURCHARGE.
107.16 	Each local telephone company shall collect from each subscriber an amount per 
107.17 	telephone access line representing the total of the surcharges required under sections  
107.18 	237.52,  237.70, and  403.11. Amounts collected must be remitted to the commissioner 
107.19 	of public safety in the manner prescribed in section  403.11. The commissioner of public 
107.20 	safety shall divide the amounts received proportional to the individual surcharges and 
107.21 	deposit them in the appropriate accounts. The commissioner of public safety may recover 
107.22 	from the agencies receiving the surcharges the personnel and administrative costs to 
107.23 	collect and distribute the surcharge. A company or the billing agent for a company shall 
107.24 	list the surcharges as one amount on a billing statement sent to a subscriber. 

107.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

107.26 	Sec. 2. Minnesota Statutes 2004, section 403.02, is amended by adding a subdivision 
107.27 	to read:
107.28 		Subd. 19a.Secondary public safety answering point. "Secondary public safety 
107.29 	answering point" means a communications facility that: (1) is operated on a 24-hour basis, 
107.30 	in which a minimum of three public safety answering points (PSAP's) route calls for 
107.31 	postdispatch or prearrival instructions; (2) receives calls directly from medical facilities to 
107.32 	reduce call volume at the PSAP's; and (3) is able to receive 911 calls routed to it from a 
107.33 	PSAP when the PSAP is unable to receive or answer 911 calls.

108.1 	EFFECTIVE DATE. This section is effective July 1, 2006.

108.2 	Sec. 3. Minnesota Statutes 2005 Supplement, section 403.025, subdivision 7, is 
108.3 	amended to read:
108.4 		Subd. 7.Contractual requirements. (a) The state, together shall contract with 
108.5 	the county or other governmental agencies operating public safety answering points, 
108.6 	shall contract and with the appropriate wire-line telecommunications service providers or 
108.7 	other entities determined by the commissioner to be capable of providing effective and 
108.8 	efficient components of the 911 system for the operation, maintenance, enhancement, 
108.9 	and expansion of the 911 system.
108.10 	(b) The state shall contract with the appropriate wireless telecommunications service 
108.11 	providers for maintaining, enhancing, and expanding the 911 system.
108.12 	(c) The contract language or subsequent amendments to the contract must include 
108.13 	a description of the services to be furnished to the county or other governmental 
108.14 	agencies operating public safety answering points. The contract language or subsequent 
108.15 	amendments must include the terms of compensation based on the effective tariff or price 
108.16 	list filed with the Public Utilities Commission or the prices agreed to by the parties.
108.17 	(d) The contract language or subsequent amendments to contracts between the 
108.18 	parties must contain a provision for resolving disputes.

108.19 	EFFECTIVE DATE. This section is effective July 1, 2006. 

108.20 	Sec. 4. Minnesota Statutes 2005 Supplement, section 403.05, subdivision 3, is 
108.21 	amended to read:
108.22 		Subd. 3.Agreements for service. Each county and or any other governmental 
108.23 	agency shall contract with the state and wire-line telecommunications service providers or 
108.24 	other entities determined by the commissioner to be capable of providing effective and 
108.25 	efficient components of the 911 system for the recurring and nonrecurring costs associated 
108.26 	with operating and maintaining 911 emergency communications systems. If requested by 
108.27 	the county or other governmental agency, the county or agency is entitled to be a party to 
108.28 	any contract between the state and any wire-line telecommunications service provider or 
108.29 	911 emergency telecommunications service provider providing components of the 911 
108.30 	system within the county.

108.31 	EFFECTIVE DATE. This section is effective July 1, 2006. 

108.32 	Sec. 5. Minnesota Statutes 2004, section 403.08, subdivision 7, is amended to read:
109.1 		Subd. 7.Duties. Each wireless telecommunications service provider shall cooperate 
109.2 	in planning and implementing integration with enhanced 911 systems operating in 
109.3 	their service territories to meet Federal Communications Commission-enhanced 911 
109.4 	standards. By August 1, 1997, each 911 emergency telecommunications service 
109.5 	provider operating enhanced 911 systems, in cooperation with each involved Each
109.6 	wireless telecommunications service provider, shall annually develop and provide to the 
109.7 	commissioner good-faith estimates of installation and recurring expenses to integrate 
109.8 	wireless 911 service into the enhanced 911 networks to meet Federal Communications 
109.9 	Commission phase one wireless enhanced 911 standards. The commissioner shall 
109.10 	coordinate with counties and affected public safety agency representatives in developing a 
109.11 	statewide design and plan for implementation.

109.12 	EFFECTIVE DATE. This section is effective July 1, 2006. 

109.13 	Sec. 6. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 1, is 
109.14 	amended to read:
109.15 		Subdivision 1.Emergency telecommunications service fee; account. (a) Each 
109.16 	customer of a wireless or wire-line switched or packet-based telecommunications service 
109.17 	provider connected to the public switched telephone network that furnishes service capable 
109.18 	of originating a 911 emergency telephone call is assessed a fee based upon the number 
109.19 	of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 
109.20 	maintenance and related improvements for trunking and central office switching equipment 
109.21 	for 911 emergency telecommunications service, plus to offset administrative and staffing 
109.22 	costs of the commissioner related to managing the 911 emergency telecommunications 
109.23 	service program. Recurring charges by a wire-line telecommunications service provider 
109.24 	for updating the information required by section 403.07, subdivision 3, must be paid by 
109.25 	the commissioner if the wire-line telecommunications service provider is included in an 
109.26 	approved 911 plan and the charges are made pursuant to contract. The fee assessed under 
109.27 	this section must also be used for the purpose of offsetting, to make distributions provided 
109.28 	for in section 403.113, and to offset  the costs, including administrative and staffing costs, 
109.29 	incurred by the State Patrol Division of the Department of Public Safety in handling 911 
109.30 	emergency calls made from wireless phones.
109.31 	(b) Money remaining in the 911 emergency telecommunications service account 
109.32 	after all other obligations are paid must not cancel and is carried forward to subsequent 
109.33 	years and may be appropriated from time to time to the commissioner to provide financial 
109.34 	assistance to counties for the improvement of local emergency telecommunications 
109.35 	services. The improvements may include providing access to 911 service for 
110.1 	telecommunications service subscribers currently without access and upgrading existing 
110.2 	911 service to include automatic number identification, local location identification, 
110.3 	automatic location identification, and other improvements specified in revised county 
110.4 	911 plans approved by the commissioner.
110.5 	(c) The fee may not be less than eight cents nor more than 65 cents a month for 
110.6 	each customer access line or other basic access service, including trunk equivalents as 
110.7 	designated by the Public Utilities Commission for access charge purposes and including 
110.8 	wireless telecommunications services. With the approval of the commissioner of finance, 
110.9 	the commissioner of public safety shall establish the amount of the fee within the limits 
110.10 	specified and inform the companies and carriers of the amount to be collected. When the 
110.11 	revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or 
110.12 	defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is 
110.13 	no longer needed. The commissioner shall provide companies and carriers a minimum of 
110.14 	45 days' notice of each fee change. The fee must be the same for all customers.
110.15 	(d) The fee must be collected by each wireless or wire-line telecommunications 
110.16 	service provider subject to the fee. Fees are payable to and must be submitted to the 
110.17 	commissioner monthly before the 25th of each month following the month of collection, 
110.18 	except that fees may be submitted quarterly if less than $250 a month is due, or annually if 
110.19 	less than $25 a month is due. Receipts must be deposited in the state treasury and credited 
110.20 	to a 911 emergency telecommunications service account in the special revenue fund. The 
110.21 	money in the account may only be used for 911 telecommunications services.
110.22 	(e) This subdivision does not apply to customers of interexchange carriers.
110.23 	(f) The installation and recurring charges for integrating wireless 911 calls into 
110.24 	enhanced 911 systems must be paid are eligible for payment by the commissioner if the 
110.25 	911 service provider is included in the statewide design plan and the charges are made 
110.26 	pursuant to contract.
110.27 	(g) Competitive local exchanges carriers holding certificates of authority from the 
110.28 	Public Utilities Commission are eligible to receive payment for recurring 911 services.

110.29 	EFFECTIVE DATE. This section is effective July 1, 2006. 

110.30 	Sec. 7. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3, is 
110.31 	amended to read:
110.32 		Subd. 3.Method of payment. (a) Any wireless or wire-line telecommunications 
110.33 	service provider incurring reimbursable costs under subdivision 1 shall submit an 
110.34 	invoice itemizing rate elements by county or service area to the commissioner for 911 
110.35 	services furnished under contract. Any wireless or wire-line telecommunications service 
111.1 	provider is eligible to receive payment for 911 services rendered according to the terms 
111.2 	and conditions specified in the contract. Competitive local exchange carriers holding 
111.3 	certificates of authority from the Public Utilities Commission are eligible to receive 
111.4 	payment for recurring 911 services provided after July 1, 2001. The commissioner shall 
111.5 	pay the invoice within 30 days following receipt of the invoice unless the commissioner 
111.6 	notifies the service provider that the commissioner disputes the invoice.
111.7 	(b) The commissioner shall estimate the amount required to reimburse 
111.8 	911 emergency telecommunications service providers and wireless and wire-line 
111.9 	telecommunications service providers for the state's obligations under subdivision 1 and 
111.10 	the governor shall include the estimated amount in the biennial budget request.

111.11 	EFFECTIVE DATE. This section is effective July 1, 2006. 

111.12 	Sec. 8. Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3a, is 
111.13 	amended to read:
111.14 		Subd. 3a.Timely certification invoices. A certification An invoice for services 
111.15 	provided for in the contract with a wireless or wire-line telecommunications service 
111.16 	provider must be submitted to the commissioner no later than one year 90 days after 
111.17 	commencing a new or additional eligible 911 service. Each applicable contract must 
111.18 	provide that, if certified expenses under the contract deviate from estimates in the contract 
111.19 	by more than ten percent, the commissioner may reduce the level of service without 
111.20 	incurring any termination fees.

111.21 	EFFECTIVE DATE. This section is effective July 1, 2006. 

111.22 	Sec. 9. Minnesota Statutes 2004, section 403.11, subdivision 3b, is amended to read:
111.23 		Subd. 3b.Certification Declaration. All If the commissioner disputes an 
111.24 	invoice, the wireless and wire-line telecommunications service providers shall submit 
111.25 	a self-certification form declaration under section 16A.41 signed by an officer of the 
111.26 	company to the commissioner with the invoices for payment of an initial or changed
111.27 	service described in the service provider's 911 contract. The self-certification shallsworn 
111.28 	declaration must specifically describe and affirm that the 911 service contracted for is being 
111.29 	provided and the costs invoiced for the service are true and correct. All certifications are 
111.30 	subject to verification and audit. When a wireless or wire-line telecommunications service 
111.31 	provider fails to provide a sworn declaration within 90 days of notice by the commissioner 
111.32 	that the invoice is disputed, the disputed amount of the invoice must be disallowed.

111.33 	EFFECTIVE DATE. This section is effective July 1, 2006. 

112.1 	Sec. 10. Minnesota Statutes 2004, section 403.11, subdivision 3c, is amended to read:
112.2 		Subd. 3c.Audit. If the commissioner determines that an audit is necessary to 
112.3 	document the certification described invoice and sworn declaration in subdivision 3b, 
112.4 	the wireless or wire-line telecommunications service provider must contract with an 
112.5 	independent certified public accountant to conduct the audit. The audit must be conducted 
112.6 	according to generally accepted accounting principles. The wireless or wire-line 
112.7 	telecommunications service provider is responsible for any costs associated with the audit.

112.8 	EFFECTIVE DATE. This section is effective July 1, 2006. 

112.9 	Sec. 11. Minnesota Statutes 2005 Supplement, section 403.113, subdivision 1, is 
112.10 	amended to read:
112.11 		Subdivision 1.Fee. (a) Each customer receiving service from a wireless or 
112.12 	wire-line switched or packet-based telecommunications service provider connected to the 
112.13 	public telephone network that furnishes service capable of originating a 911 emergency 
112.14 	telephone call is assessed a feeA portion of the fee collected under section 403.11 must be 
112.15 	used to fund implementation, operation, maintenance, enhancement, and expansion of 
112.16 	enhanced 911 service, including acquisition of necessary equipment and the costs of the 
112.17 	commissioner to administer the program. The actual fee assessed under section 403.11
112.18 	and the enhanced 911 service fee must be collected as one amount and may not exceed the 
112.19 	amount specified in section 403.11, subdivision 1, paragraph (c).
112.20 	(b) The enhanced 911 service fee must be collected and deposited in the same 
112.21 	manner as the fee in section 403.11 and used solely for the purposes of paragraph (a) 
112.22 	and subdivision 3.
112.23 	(c) The commissioner, in consultation with counties and 911 system users, shall 
112.24 	determine the amount of the enhanced 911 service fee. The commissioner shall inform 
112.25 	wireless and wire-line telecommunications service providers that provide service capable 
112.26 	of originating a 911 emergency telephone call of the total amount of the 911 service fees 
112.27 	in the same manner as provided in section 403.11.

112.28 	EFFECTIVE DATE. This section is effective July 1, 2006. 

112.29 	Sec. 12. Minnesota Statutes 2004, section 403.113, subdivision 3, is amended to read:
112.30 		Subd. 3.Local expenditures. (a) Money distributed under subdivision 2 for 
112.31 	enhanced 911 service may be spent on enhanced 911 system costs for the purposes 
112.32 	stated in subdivision 1, paragraph (a). In addition, money may be spent to lease, 
112.33 	purchase, lease-purchase, or maintain enhanced 911 equipment, including telephone 
113.1 	equipment; recording equipment; computer hardware; computer software for database 
113.2 	provisioning, addressing, mapping, and any other software necessary for automatic 
113.3 	location identification or local location identification; trunk lines; selective routing 
113.4 	equipment; the master street address guide; dispatcher public safety answering point 
113.5 	equipment proficiency and operational skills; pay for long-distance charges incurred due 
113.6 	to transferring 911 calls to other jurisdictions; and the equipment necessary within the 
113.7 	public safety answering point for community alert systems and to notify and communicate 
113.8 	with the emergency services requested by the 911 caller.
113.9 	(b) Money distributed for enhanced 911 service may not be spent on:
113.10 	(1) purchasing or leasing of real estate or cosmetic additions to or remodeling of 
113.11 	communications centers;
113.12 	(2) mobile communications vehicles, fire engines, ambulances, law enforcement 
113.13 	vehicles, or other emergency vehicles;
113.14 	(3) signs, posts, or other markers related to addressing or any costs associated with 
113.15 	the installation or maintenance of signs, posts, or markers.

113.16 	EFFECTIVE DATE. This section is effective July 1, 2006. 

113.17 	Sec. 13. Minnesota Statutes 2004, section 403.21, subdivision 2, is amended to read:
113.18 		Subd. 2.Board. "Board" or "radio board" or "Metropolitan Radio Board" means the 
113.19 	Metropolitan Statewide Radio Board or its successor regional radio board.

113.20 	EFFECTIVE DATE. This section is effective July 1, 2006. 

113.21 	Sec. 14. Minnesota Statutes 2004, section 403.21, subdivision 7, is amended to read:
113.22 		Subd. 7.Plan. "Plan" or "regionwide public safety radio system communication 
113.23 	plan" means the a plan adopted by the Metropolitan Radio Board for a regionwide public 
113.24 	safety radio communications system. a regional radio board.

113.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

113.26 	Sec. 15. Minnesota Statutes 2005 Supplement, section 403.21, subdivision 8, is 
113.27 	amended to read:
113.28 		Subd. 8.Subsystems. "Subsystems" or "public safety radio subsystems" means 
113.29 	systems identified in the plan or a plan developed under section 403.36 as subsystems 
113.30 	interconnected by the system backbone and operated by the Metropolitan Radio Board, a 
113.31 	regional radio board, or local government units for their own internal operations.

114.1 	EFFECTIVE DATE. This section is effective July 1, 2006. 

114.2 	Sec. 16. Minnesota Statutes 2004, section 403.21, subdivision 9, is amended to read:
114.3 		Subd. 9.System backbone. "System backbone" or "backbone" means a public 
114.4 	safety radio communication system that consists of a shared, trunked, communication, 
114.5 	and interoperability infrastructure network, including, but not limited to, radio towers and 
114.6 	associated structures and equipment, the elements of which are identified in the regionwide 
114.7 	public safety radio communication system plan under section  403.23, subdivision 6, and 
114.8 	the statewide radio communication plan under section  403.36. 

114.9 	Sec. 17. Minnesota Statutes 2004, section 403.33, is amended to read:
114.10 	403.33 LOCAL PLANNING.
114.11 		Subdivision 1.County planning process. (a) No later than two years from May 
114.12 	22, 1995, each metropolitan county shall undertake and complete a planning process 
114.13 	for its public safety radio subsystem to ensure participation by representatives of local 
114.14 	government units, quasi-public service organizations, and private entities eligible to use 
114.15 	the regional public safety radio system and to ensure coordination and planning of the 
114.16 	local subsystems. Local governments and other eligible users shall cooperate with the 
114.17 	county in its preparation of the subsystem plan to ensure that local needs are met.
114.18 	(b) The regional radio board for the metropolitan area shall encourage the 
114.19 	establishment by each metropolitan county of local public safety radio subsystem 
114.20 	committees composed of representatives of local governments and other eligible users 
114.21 	for the purposes of:
114.22 	(1) establishing a plan for coordinated and timely use of the regionwide public safety 
114.23 	radio system by the local governments and other eligible users within each metropolitan 
114.24 	county; and
114.25 	(2) assisting and advising the regional radio board for the metropolitan area in its 
114.26 	implementation of the regional public safety radio plan by identification of local service 
114.27 	needs and objectives.
114.28 	(c) The regional radio board for the metropolitan area shall also encourage the 
114.29 	establishment of joint or multicounty planning for the regionwide public safety radio 
114.30 	system and subsystems.
114.31 	(d) The regional radio board for the metropolitan area may provide local boards with 
114.32 	whatever assistance it deems necessary and appropriate.
115.1 	(e) No metropolitan county or city of the first class shall be required to undertake a 
115.2 	technical subsystem design to meet the planning process requirements of this subdivision 
115.3 	or subdivision 2.
115.4 		Subd. 2.Cities of first class; planning process. Each city of the first class in the 
115.5 	metropolitan counties shall have the option to participate in the county public safety radio 
115.6 	subsystem planning process or develop its own plan.
115.7 		Subd. 3.Submission of plans to board. Each metropolitan county and each city 
115.8 	of the first class in the metropolitan area which has chosen to develop its own plan shall 
115.9 	submit the plan to the regional radio board for the metropolitan area for the board's review 
115.10 	and approval.
115.11 		Subd. 4.Local government joinder. Local government units, except for cities of 
115.12 	the first class, quasi-public service organizations, and private entities eligible to use the 
115.13 	regional public safety radio system cannot join the system until its county plan has been 
115.14 	approved by the regional radio board for the metropolitan area.

115.15 	EFFECTIVE DATE. This section is effective July 1, 2006. 

115.16 	Sec. 18. Minnesota Statutes 2004, section 403.34, is amended to read:
115.17 	403.34 OPTIONAL LOCAL USE OF REGIONAL STATEWIDE SYSTEM.
115.18 		Subdivision 1.Options. Use of the regionalstatewide public safety radio system 
115.19 	by local governments, quasi-public service organizations, and private entities eligible to 
115.20 	use the system shall be optional and no local government or other eligible user of the 
115.21 	system shall be required to abandon or modify current public safety radio communication 
115.22 	systems or purchase new equipment until the local government or other eligible user 
115.23 	elects to join the system. Public safety radio communication service to local governments 
115.24 	and other eligible users who do not initially join the system shall not be interrupted. No 
115.25 	local government or other eligible users who do not join the system shall be charged a 
115.26 	user fee for the use of the system.
115.27 		Subd. 2.Requirements to join. Local governments and other entities eligible to 
115.28 	join the regionalstatewide  public safety radio system which elect to join the system must 
115.29 	do so in accordance with and meet the requirements of the provisions of the plan adopted 
115.30 	by the radio board as provided in section  403.23, subdivision 2 403.36. 

115.31 	EFFECTIVE DATE. This section is effective July 1, 2006. 

115.32 	Sec. 19. Minnesota Statutes 2005 Supplement, section 403.36, subdivision 1, is 
115.33 	amended to read:
116.1 		Subdivision 1.Membership. (a) The commissioner of public safety shall convene 
116.2 	and chair the Statewide Radio Board to develop a project plan for a statewide, shared, 
116.3 	trunked public safety radio communication system. The system may be referred to as 
116.4 	"Allied Radio Matrix for Emergency Response," or "ARMER."
116.5 	(b) The board consists of the following members or their designees:
116.6 	(1) the commissioner of public safety;
116.7 	(2) the commissioner of transportation;
116.8 	(3) the state chief information officer;
116.9 	(4) the commissioner of natural resources;
116.10 	(5) the chief of the Minnesota State Patrol;
116.11 	(6) the commissioner of health;
116.12 	(7)(6) the commissioner of finance;
116.13 	(7) the chair of the Metropolitan Council;
116.14 	(8) two elected city officials, one from the nine-county metropolitan area and one 
116.15 	from Greater Minnesota, appointed by the governing body of the League of Minnesota 
116.16 	Cities;
116.17 	(9) two elected county officials, one from the nine-county metropolitan area and 
116.18 	one from Greater Minnesota, appointed by the governing body of the Association of 
116.19 	Minnesota Counties;
116.20 	(10) two sheriffs, one from the nine-county metropolitan area and one from Greater 
116.21 	Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
116.22 	(11) two chiefs of police, one from the nine-county metropolitan area and one from 
116.23 	Greater Minnesota, appointed by the governor after considering recommendations made 
116.24 	by the Minnesota Chiefs' of Police Association;
116.25 	(12) two fire chiefs, one from the nine-county metropolitan area and one from 
116.26 	Greater Minnesota, appointed by the governor after considering recommendations made 
116.27 	by the Minnesota Fire Chiefs' Association;
116.28 	(13) two representatives of emergency medical service providers, one from the 
116.29 	nine-county metropolitan area and one from Greater Minnesota, appointed by the governor 
116.30 	after considering recommendations made by the Minnesota Ambulance Association;
116.31 	(14) the chair of the Metropolitan regional  radio board for the metropolitan area; and
116.32 	(15) a representative of Greater Minnesota elected by those units of government in 
116.33 	phase three and any subsequent phase of development as defined in the statewide, shared 
116.34 	radio and communication plan, who have submitted a plan to the Statewide Radio Board 
116.35 	and where development has been initiated.
117.1 	(c) The Statewide Radio Board shall coordinate the appointment of board members 
117.2 	representing Greater Minnesota with the appointing authorities and may designate the 
117.3 	geographic region or regions from which an appointed board member is selected where 
117.4 	necessary to provide representation from throughout the state.

117.5 	EFFECTIVE DATE. This section is effective July 1, 2006. 

117.6 	Sec. 20. Minnesota Statutes 2004, section 403.36, subdivision 1f, is amended to read:
117.7 		Subd. 1f.Advisory groups. (a) The Statewide Radio Board shall establish one or 
117.8 	more advisory groups for the purpose of advising on the plan, design, implementation, and 
117.9 	administration of the statewide, shared trunked radio and communication system.
117.10 	(b) At least one such group must consist of the following members:
117.11 	(1) the chair of the Metropolitan Radio Board and the chair of each regional radio 
117.12 	board or, if no regional radio board has been formed, a representative of each region of 
117.13 	development as defined in the statewide, shared, trunked radio and communication plan, 
117.14 	once planning and development have been initiated for the region, or a designee;
117.15 	(2) the chief of the Minnesota State Patrol or a designee;
117.16 	(3) a representative of the Minnesota State Sheriffs' Association;
117.17 	(4) a representative of the Minnesota Chiefs of Police Association;
117.18 	(5) a representative of the Minnesota Fire Chiefs' Association; and
117.19 	(6) a representative of the Emergency Medical Services Board.

117.20 	EFFECTIVE DATE. This section is effective July 1, 2006. 

117.21 	Sec. 21.  REPEALER.
 117.22 	Minnesota Statutes 2004, sections 403.08, subdivision 8; 403.22; 403.23; 403.24; 
117.23 	403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, and 3; 403.30, subdivisions 2 and 4; 
117.24 	and 403.35  are repealed.

117.25 	EFFECTIVE DATE. This section is effective July 1, 2006. 

117.26 	ARTICLE 7
117.27 	FRAUDULENT OR IMPROPER FINANCING STATEMENTS

117.28 	Section 1. Minnesota Statutes 2004, section 358.41, is amended to read:
117.29 	358.41 DEFINITIONS.
117.30 	As used in sections  358.41 to  358.49: 
118.1 	(1) "Notarial act" means any act that a notary public of this state is authorized to 
118.2 	perform, and includes taking an acknowledgment, administering an oath or affirmation, 
118.3 	taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying 
118.4 	or attesting a copy, and noting a protest of a negotiable instrument. A notary public may 
118.5 	perform a notarial act by electronic means.
118.6 	(2) "Acknowledgment" means a declaration by a person that the person has executed 
118.7 	an instrument or electronic record  for the purposes stated therein and, if the instrument
118.8 	or electronic record is executed in a representative capacity, that the person signed 
118.9 	the instrument with proper authority and executed it as the act of the person or entity 
118.10 	represented and identified therein.
118.11 	(3) "Verification upon oath or affirmation" means a declaration that a statement is 
118.12 	true made by a person upon oath or affirmation.
118.13 	(4) "In a representative capacity" means:
118.14 	(i) for and on behalf of a corporation, partnership, trust, or other entity, as an 
118.15 	authorized officer, agent, partner, trustee, or other representative;
118.16 	(ii) as a public officer, personal representative, guardian, or other representative, 
118.17 	in the capacity recited in the instrument;
118.18 	(iii) as an attorney in fact for a principal; or
118.19 	(iv) in any other capacity as an authorized representative of another.
118.20 	(5) "Notarial officer" means a notary public or other officer authorized to perform 
118.21 	notarial acts.
118.22 	(6) "Electronic signature" means an electronic sound, symbol, or process attached 
118.23 	to or logically associated with a record and executed or adopted by a person with the 
118.24 	intent to sign the record.
118.25 	(7) "Electronic record" means a record created, generated, sent, communicated, 
118.26 	received, or stored by electronic means.

118.27 	EFFECTIVE DATE. This section is effective July 1, 2006.

118.28 	Sec. 2. Minnesota Statutes 2004, section 358.42, is amended to read:
118.29 	358.42 NOTARIAL ACTS.
118.30 	(a) In taking an acknowledgment, the notarial officer must determine, either from 
118.31 	personal knowledge or from satisfactory evidence, that the person appearing before the 
118.32 	officer and making the acknowledgment is the person whose true signature is on the 
118.33 	instrument or electronic record.
119.1 	(b) In taking a verification upon oath or affirmation, the notarial officer must 
119.2 	determine, either from personal knowledge or from satisfactory evidence, that the person 
119.3 	appearing before the officer and making the verification is the person whose true signature 
119.4 	is on the statement verified.
119.5 	(c) In witnessing or attesting a signature the notarial officer must determine, either 
119.6 	from personal knowledge or from satisfactory evidence, that the signature is that of the 
119.7 	person appearing before the officer and named therein.
119.8 	(d) In certifying or attesting a copy of a document, electronic record, or other item, 
119.9 	the notarial officer must determine that the proffered copy is a full, true, and accurate 
119.10 	transcription or reproduction of that which was copied.
119.11 	(e) In making or noting a protest of a negotiable instrument or electronic record the 
119.12 	notarial officer must determine the matters set forth in section  336.3-505. 
119.13 	(f) A notarial officer has satisfactory evidence that a person is the person whose true 
119.14 	signature is on a document or electronic record if that person (i) is personally known to 
119.15 	the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness 
119.16 	personally known to the notarial officer, or (iii) is identified on the basis of identification 
119.17 	documents.

119.18 	EFFECTIVE DATE. This section is effective July 1, 2006.

119.19 	Sec. 3. Minnesota Statutes 2004, section 358.47, is amended to read:
119.20 	358.47 CERTIFICATE OF NOTARIAL ACTS.
119.21 	(a) A notarial act must be evidenced by a certificate physically or electronically
119.22 	signed and dated by a notarial officer in a manner that attributes such signature to the 
119.23 	notary public identified on the commission. The certificate must include identification 
119.24 	of the jurisdiction in which the notarial act is performed and the title of the office of 
119.25 	the notarial officer and may include the official stamp or seal of office, or the notary's 
119.26 	electronic seal. If the officer is a notary public, the certificate must also indicate the date 
119.27 	of expiration, if any, of the commission of office, but omission of that information may 
119.28 	subsequently be corrected. If the officer is a commissioned officer on active duty in the 
119.29 	military service of the United States, it must also include the officer's rank.
119.30 	(b) A certificate of a notarial act is sufficient if it meets the requirements of 
119.31 	subsection (a) and it:
119.32 	(1) is in the short form set forth in section  358.48; 
119.33 	(2) is in a form otherwise prescribed by the law of this state;
120.1 	(3) is in a form prescribed by the laws or regulations applicable in the place in 
120.2 	which the notarial act was performed; or
120.3 	(4) sets forth the actions of the notarial officer and those are sufficient to meet the 
120.4 	requirements of the designated notarial act.
120.5 	(c) By executing a certificate of a notarial act, the notarial officer certifies that the 
120.6 	officer has made the determinations required by section  358.42. 

120.7 	EFFECTIVE DATE. This section is effective July 1, 2006.

120.8 	Sec. 4. Minnesota Statutes 2004, section 358.50, is amended to read:
120.9 	358.50 EFFECT OF ACKNOWLEDGMENT.
120.10 	An acknowledgment made in a representative capacity for and on behalf of a 
120.11 	corporation, partnership, trust, or other entity and certified substantially in the form 
120.12 	prescribed in this chapter is prima facie evidence that the instrument or electronic record
120.13 	was executed and delivered with proper authority.

120.14 	EFFECTIVE DATE. This section is effective July 1, 2006.

120.15 	Sec. 5. Minnesota Statutes 2004, section 359.01, is amended by adding a subdivision 
120.16 	to read:
120.17 		Subd. 5.Registration to perform electronic notarizations.  Before performing 
120.18 	electronic notarial acts, a notary public shall register the capability to notarize 
120.19 	electronically with the secretary of state. Before performing electronic notarial acts after 
120.20 	recommissioning, a notary public shall reregister with the secretary of state.

120.21 	EFFECTIVE DATE. This section is effective July 1, 2006.

120.22 	Sec. 6. Minnesota Statutes 2004, section 359.03, subdivision 3, is amended to read:
120.23 		Subd. 3.Specifications. The seal of every notary public may be affixed by a stamp 
120.24 	that will print a seal which legibly reproduces under photographic methods the seal of 
120.25 	the state of Minnesota, the name of the notary, the words "Notary Public," and the words 
120.26 	"My commission expires ...............," with the expiration date shown thereon or may be 
120.27 	an electronic form. The A physical seal used to authenticate a paper document shall be 
120.28 	a rectangular form of not more than three-fourths of an inch vertically by 2-1/2 inches 
120.29 	horizontally, with a serrated or milled edge border, and shall contain the information 
120.30 	required by this subdivision.

120.31 	EFFECTIVE DATE. This section is effective July 1, 2006.

121.1 	Sec. 7. Minnesota Statutes 2004, section 359.03, is amended by adding a subdivision 
121.2 	to read:
121.3 		Subd. 4.Electronic seal. A notary's electronic seal shall contain the notary's name, 
121.4 	jurisdiction, and commission expiration date, and shall be logically and securely affixed to 
121.5 	or associated with the electronic record being notarized.

121.6 	EFFECTIVE DATE. This section is effective July 1, 2006.

121.7 	Sec. 8. Minnesota Statutes 2004, section 359.04, is amended to read:
121.8 	359.04 POWERS.
121.9 	Every notary public so appointed, commissioned, and qualified shall have power 
121.10 	throughout this state to administer all oaths required or authorized to be administered in 
121.11 	this state; to take and certify all depositions to be used in any of the courts of this state; 
121.12 	to take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, 
121.13 	and other instruments in writing or electronic records; and to receive, make out, and 
121.14 	record notarial protests.

121.15 	EFFECTIVE DATE. This section is effective July 1, 2006.

121.16 	Sec. 9. Minnesota Statutes 2004, section 359.05, is amended to read:
121.17 	359.05 DATE OF EXPIRATION OF COMMISSION AND NAME TO BE 
121.18 	ENDORSED.
121.19 	Every notary public, except in cases provided in section  359.03, subdivision 3, 
121.20 	taking an acknowledgment of an instrument, taking a deposition, administering an oath, or 
121.21 	making a notarial protest, shall, immediately following the notary's physical or electronic
121.22 	signature to the jurat or certificate of acknowledgment, endorse the date of the expiration 
121.23 	of the commission; such endorsement may be legibly written, stamped, or printed upon 
121.24 	the instrument, but must be disconnected from the seal, and shall be substantially in the 
121.25 	following form: "My commission expires ............, ....." Except in cases provided in section  
121.26 	359.03, subdivision 3, every notary public, in addition to signing the jurat or certificate of 
121.27 	acknowledgment, shall, immediately following the signature and immediately preceding 
121.28 	the official description, endorse thereon the notary's name with a typewriter or, print the 
121.29 	same legibly with a stamp or, with pen and ink, or affix by electronic means; provided 
121.30 	that the failure so to endorse or print the name shall not invalidate any jurat or certificate 
121.31 	of acknowledgment. 

121.32 	EFFECTIVE DATE. This section is effective July 1, 2006.

122.1 	Sec. 10. Minnesota Statutes 2004, section 359.085, is amended to read:
122.2 	359.085 STANDARDS OF CONDUCT FOR NOTARIAL ACTS.
122.3 		Subdivision 1.Acknowledgments. In taking an acknowledgment, the notarial 
122.4 	officer must determine, either from personal knowledge or from satisfactory evidence, 
122.5 	that the person appearing before the officer and making the acknowledgment is the person 
122.6 	whose true signature is on the instrument or electronic record.
122.7 		Subd. 2.Verifications. In taking a verification upon oath or affirmation, the notarial 
122.8 	officer must determine, either from personal knowledge or from satisfactory evidence, that 
122.9 	the person appearing before the officer and making the verification is the person whose 
122.10 	true signature is on the statement verified.
122.11 		Subd. 3.Witnessing or attesting signatures. In witnessing or attesting a signature, 
122.12 	the notarial officer must determine, either from personal knowledge or from satisfactory 
122.13 	evidence, that the signature is that of the person appearing before the officer and named in 
122.14 	the document or electronic record.
122.15 		Subd. 4.Certifying or attesting documents. In certifying or attesting a copy of a 
122.16 	document, electronic record, or other item, the notarial officer must determine that the 
122.17 	proffered copy is a full, true, and accurate transcription or reproduction of that which 
122.18 	was copied.
122.19 		Subd. 5.Making or noting protests of negotiable instruments. In making or 
122.20 	noting a protest of a negotiable instrument or electronic record, the notarial officer must 
122.21 	determine the matters set forth in section  336.3-505. 
122.22 		Subd. 6.Satisfactory evidence. A notarial officer has satisfactory evidence that 
122.23 	a person is the person whose true signature is on a document or electronic record if that 
122.24 	person (i) is personally known to the notarial officer, (ii) is identified upon the oath 
122.25 	or affirmation of a credible witness personally known to the notarial officer, or (iii) is 
122.26 	identified on the basis of identification documents.
122.27 		Subd. 7.Prohibited acts. A notarial officer may not acknowledge, witness or attest 
122.28 	to the officer's own signature, or take a verification of the officer's own oath or affirmation.
122.29 		Subd. 8.Failure to appear before notary. A notarial officer may not notarize the 
122.30 	physical or electronic signature of any signer who is not in the presence of the notary at 
122.31 	the time of notarization.

122.32 	EFFECTIVE DATE. This section is effective July 1, 2006.

122.33 	Sec. 11. [545.05] EXPEDITED PROCESS TO REVIEW AND DETERMINE 
122.34 	THE EFFECTIVENESS OF FINANCING STATEMENTS.
123.1 		Subdivision 1. Definitions. (a) As used in this section, a financing statement or 
123.2 	other record is fraudulent or otherwise improper if it is filed without the authorization of 
123.3 	the obligor, person named as debtor, or owner of collateral described or indicated in 
123.4 	the financing statement or other record, or by consent of an agent, fiduciary, or other 
123.5 	representative of that person or without the consent of the secured party of record in 
123.6 	the case of an amendment or termination.
123.7 	(b) As used in this section, filing office or filing officer refers to the office or officer 
123.8 	where a financing statement or other record is appropriately filed or recorded as provided 
123.9 	by law, including, but not limited to, the county recorder, the secretary of state, and other 
123.10 	related filing officers.
123.11 		Subd. 2. Motion. An obligor, person named as a debtor, or owner of collateral 
123.12 	described or indicated in a financing statement or other record filed under sections 
123.13 	336.9-101 to 336.9-709 (Uniform Commercial Code - Secured Transactions), who 
123.14 	has reason to believe that the financing statement or other record is fraudulent or 
123.15 	otherwise improper may complete and file at any time a motion for judicial review of the 
123.16 	effectiveness of the financing statement or other record. A secured party of record who 
123.17 	believes that an amendment or termination of a financing statement or other record is 
123.18 	fraudulent or otherwise improper may also file a motion. 
123.19 		Subd. 3.Service and filing. (a) The motion under subdivision 2 must be mailed 
123.20 	by certified United States mail to the person who is indicated as the secured party on 
123.21 	the allegedly fraudulent or improper record at the address listed on the record or, in the 
123.22 	case of a filing by the secured party of record, to the address of the person who filed 
123.23 	the amendment or termination in question, as listed on the record. The motion must be 
123.24 	accompanied by a copy of the record in question, an affidavit of mailing, the form for 
123.25 	responding to the motion under subdivision 6, and a copy of the text of this section.
123.26 	(b) On the day the motion is mailed, a copy of the materials must be filed with the 
123.27 	district court of the county in which the financing statement or other record has been filed 
123.28 	or in the county of residence of the moving party.  The motion must be supported by 
123.29 	the affidavit of the moving party or the moving party's attorney setting forth a concise 
123.30 	statement of the facts upon which the claim for relief is based. There is no filing fee for a 
123.31 	motion or a response filed under this section. 
123.32 		Subd. 4.Motion form.  The motion must be in substantially the following form:
123.33 	 In Re:  A Purported  Financing Statement in the district court of                     ............. County, 
123.34 	       Minnesota,  Against  [Name of person who filed the financing statement] 
123.35 	MOTION FOR JUDICIAL REVIEW OF A FINANCING STATEMENT FILED 
123.36 	UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS 
124.1 	 .................................... (name of moving party) files this motion requesting a judicial 
124.2 	determination of the effectiveness of a financing statement or other record filed under the 
124.3 	Uniform Commercial Code - Secured Transactions in the office of the ............... (filing 
124.4 	office and location) and in support of the motion provides as follows:
124.5 	I.
124.6 	 ................. (name), the moving party, is the [obligor, person named as a debtor, or 
124.7 	owner of collateral described or indicated in] [secured party of record listed in] a financing 
124.8 	statement or other record filed under the Uniform Commercial Code.
124.9 	II.
124.10 	 On ............. (date), in the exercise of the filing officer's official duties as .................. 
124.11 	(filing officer's position), the filing officer received and filed or recorded the financing 
124.12 	statement or other record, a copy which is attached, that purports to [perfect a security 
124.13 	interest against the obligor, person named as debtor, or the owner of collateral described or 
124.14 	indicated in the financing statement or other record] or [amend or terminate the financing 
124.15 	statement in which the moving party is listed as the secured party of record].
124.16 	III.
124.17 	The moving party alleges that the financing statement or other record is fraudulent 
124.18 	or otherwise improper and that this court should declare the financing statement or other 
124.19 	record ineffective.
124.20 	IV.
124.21 	The moving party attests that the assertions in this motion are true and correct.
124.22 	V.
124.23 	The moving party does not request the court to make a finding as to any underlying 
124.24 	claim of the parties involved and acknowledges that this motion does not seek review of 
124.25 	an effective financing statement.  The moving party further acknowledges that the moving 
124.26 	party may be subject to sanctions if this motion is determined to be frivolous.  The moving 
124.27 	party may be contacted by the respondent at:
124.28 	Mailing Address: (required) 
124.29 	Telephone Number:
124.30 	Facsimile Number: (either facsimile or e-mail contact is required) 
124.31 	E-Mail Address: (either facsimile or e-mail contact is required) 
124.32 	REQUEST FOR RELIEF
124.33 	The moving party requests the court to review the attached documentation and enter 
124.34 	an order finding that the financing statement or other record is ineffective together with 
124.35 	other findings as the court deems appropriate.
124.36 	Respectfully submitted, .......................... (Signature and typed name and address).
125.1 		Subd. 5.Motion acknowledgment form. The form for the certificate of 
125.2 	acknowledgment must be substantially as follows:
125.3 	AFFIDAVIT 
125.4 	THE STATE OF MINNESOTA    COUNTY OF .......
125.5 	BEFORE ME, the undersigned authority, personally appeared ........., who, being by 
125.6 	me duly sworn, deposed as follows:
125.7 	"My name is ...............  I am over 18 years of age, of sound mind, with personal 
125.8 	knowledge of the following facts, and fully competent to testify.
125.9 	I attest that the assertions contained in the accompanying motion are true and 
125.10 	correct." 
125.11 	SUBSCRIBED and SWORN TO before me, this ..... day of ..................
125.12 	NOTARY PUBLIC, State of [state name] 
125.13 	Notary's printed name:  .........................
125.14 	My commission expires:  .........................
125.15 	The motion must be supported by the affidavit of the moving party or the moving 
125.16 	party's attorney setting forth a concise statement of the facts upon which the claim for 
125.17 	relief is based.
125.18 		Subd. 6.Motion affidavit of mailing form. The moving party shall complete an 
125.19 	affidavit of mailing the motion to the court and to the respondent in substantially the 
125.20 	following form:
125.21 	State of Minnesota  
125.22 	County of .......... 
125.23 	............................, the moving party, being duly sworn, on oath, deposes and says 
125.24 	that on the ..... day of .........., ......., the moving party mailed the motion to the court and 
125.25 	the respondent by placing a true and correct copy of the motion in an envelope addressed 
125.26 	to them as shown by certified United States mail at ............................, Minnesota.
125.27 	Subscribed and sworn to before me this ..... day of ...................., .......
125.28 		Subd. 7.Response form. The person listed as [the secured party in] [filing] the 
125.29 	record for which the moving party has requested review may respond to the motion and 
125.30 	accompanying materials to request an actual hearing within 20 days from the mailing by 
125.31 	certified United States mail by the moving party. The form for use by the person listed as 
125.32 	[the secured party in] [filing] the record in question to respond to the motion for judicial 
125.33 	review must be in substantially the following form:
125.34 	In Re:  A Purported  Financing Statement in the district court                              of ............. County, 
125.35 	       Minnesota,  Against  [Name of person who filed the financing statement] 
126.1 	RESPONSE TO MOTION FOR JUDICIAL REVIEW OF A FINANCING 
126.2 	STATEMENT FILED UNDER THE UNIFORM COMMERCIAL CODE 
126.3 	- SECURED TRANSACTIONS 
126.4 	 ............................ (name) files this response to a motion requesting a judicial 
126.5 	determination of the effectiveness of a financing statement or other record filed under the 
126.6 	Uniform Commercial Code - Secured Transactions in the office of the ............... (filing 
126.7 	office and location) and in support of the motion provides as follows:
126.8 	I.
126.9 	 ................. (name), the respondent, is the person listed as [the secured party in] 
126.10 	[filing] the record for which review has been requested by the moving party.
126.11 	II.
126.12 	On ............. (date), in the exercise of the filing officer's official duties as .................. 
126.13 	(filing officer's position), the filing officer received and filed or recorded the financing 
126.14 	statement or other record, a copy which is attached, that purports to [perfect a security 
126.15 	interest against] [amend or terminate a record filed by] the moving party.
126.16 	III.
126.17 	Respondent states that the financing statement or other record is not fraudulent 
126.18 	or otherwise improper and that this court should not declare the financing statement or 
126.19 	other record ineffective.
126.20 	IV.
126.21 	Respondent attests that assertions in this response are true and correct.
126.22 	V.
126.23 	Respondent does not request the court to make a finding as to any underlying claim 
126.24 	of the parties involved.  Respondent further acknowledges that respondent may be subject 
126.25 	to sanctions if this response is determined to be frivolous.
126.26 	REQUEST FOR RELIEF
126.27 	Respondent requests the court to review the attached documentation, to set a hearing 
126.28 	for no later than five days after the date of this response or as soon after that as the court 
126.29 	shall order and to enter an order finding that the financing statement or other record is 
126.30 	not ineffective together with other findings as the court deems appropriate. Respondent 
126.31 	may be contacted at:
126.32 	 Mailing Address: (required) 
126.33 	 Telephone Number:
126.34 	 Facsimile Number: (either facsimile or e-mail contact is required) 
126.35 	 E-Mail Address: (either facsimile or e-mail contact is required) 
126.36 	 Respectfully submitted, .........................
127.1 	 (Signature and typed name and address).
127.2 		Subd. 8.Response acknowledgment form. The form for the certificate of 
127.3 	acknowledgment must be substantially as follows:
127.4 	AFFIDAVIT 
127.5 	THE STATE OF MINNESOTA    COUNTY OF .......
127.6 	BEFORE ME, the undersigned authority, personally appeared ........., who, being by 
127.7 	me duly sworn, deposed as follows:
127.8 	"My name is ...............  I am over 18 years of age, of sound mind, with personal 
127.9 	knowledge of the following facts, and fully competent to testify.
127.10 	I attest that the assertions contained in the accompanying motion are true and 
127.11 	correct." 
127.12 	SUBSCRIBED and SWORN TO before me, this ..... day of ..................
127.13 	NOTARY PUBLIC, State of [state name] 
127.14 	Notary's printed name:  .........................
127.15 	My commission expires:  .........................
127.16 		Subd. 9.Response affidavit of mailing form. Respondent shall submit the 
127.17 	response by United States mail to both the court and the moving party, and also by either 
127.18 	e-mail or facsimile as provided by the moving party. The respondent shall complete an 
127.19 	affidavit of mailing the response to the court and to the moving party in substantially 
127.20 	the following form:
127.21 	State of Minnesota
127.22 	County of .......... 
127.23 	 ............................, being the responding party, being duly sworn, on oath, deposes 
127.24 	and says that on the ..... day of .........., ......., respondent mailed the response to court 
127.25 	and the moving party by placing a true and correct copy of the response in an envelope 
127.26 	addressed to them as shown depositing the same with postage prepaid, in the U.S. Mail 
127.27 	at ............................, Minnesota.
127.28 	Subscribed and sworn to before me this ..... day of ...................., .......
127.29 		Subd. 10.Hearing. (a) If a hearing is timely requested, the court shall hold that 
127.30 	hearing within five days after the mailing of the response by the respondent or as soon 
127.31 	after that as ordered by the court.  After the hearing, the court shall enter appropriate 
127.32 	findings of fact and conclusions of law regarding the financing statement or other record 
127.33 	filed under the Uniform Commercial Code. 
127.34 	 (b) If a hearing request under subdivision 7 is not received by the court by the 
127.35 	20th day following the mailing of the original motion, the court's finding may be made 
128.1 	solely on a review of the documentation attached to the motion and without hearing any 
128.2 	testimonial evidence.  After that review, which must be conducted no later than five days 
128.3 	after the 20-day period has expired, the court shall enter appropriate findings of fact and 
128.4 	conclusions of law as provided in subdivision 11 regarding the financing statement or 
128.5 	other record filed under the Uniform Commercial Code. 
128.6 	(c) A copy of the findings of fact and conclusions of law must be sent to the moving 
128.7 	party, the respondent, and the person who filed the financing statement or other record at 
128.8 	the address listed in the motion or response of each person within seven days of the date 
128.9 	that the findings of fact and conclusions of law are issued by the court.
128.10 	(d) In all cases, the moving party shall file or record an attested copy of the findings 
128.11 	of fact and conclusions of law in the filing office in the appropriate class of records in 
128.12 	which the original financing statement or other record was filed or recorded.  The filing 
128.13 	officer shall not collect a filing fee for filing a court's finding of fact and conclusion of 
128.14 	law as provided in this section except as specifically directed by the court in its findings 
128.15 	and conclusions.  
128.16 		Subd. 11.Order form; no hearing. The findings of fact and conclusion of law 
128.17 	for an expedited review where no hearing has been requested must be in substantially 
128.18 	the following form:
128.19 	MISCELLANEOUS DOCKET No.  ...........
128.20 	In Re:  A purported  Financing Statement in the district court of ........... ................ 
128.21 	County,                           Minnesota, Against  [Name of person who filed financing statement] 
128.22 	Judicial Finding of Fact and Conclusion of Law Regarding a Financing Statement or 
128.23 	Other Record Filed Under the Uniform Commercial Code - Secured Transactions 
128.24 	On the (number) day of (month), (year), in the above entitled and numbered cause, 
128.25 	this court reviewed a motion, verified by affidavit, of (name) and the documentation 
128.26 	attached.  The respondent did not respond within the required 20-day period.  No testimony 
128.27 	was taken from any party, nor was there any notice of the court's review, the court 
128.28 	having made the determination that a decision could be made solely on review of the 
128.29 	documentation as provided in Minnesota Statutes, section 545.05.
128.30 	The court finds as follows (only an item or subitem checked and initialed is a valid 
128.31 	court ruling):
128.32 	[..] The documentation attached to the motion IS filed or recorded with the 
128.33 	authorization of the obligor, person named as debtor, or owner of collateral described or 
128.34 	indicated in the financing statement or other record, or by consent of an agent, fiduciary, or 
128.35 	other representative of that person, or with the authorization of the secured party of record 
128.36 	in the case of an amendment or termination.
129.1 	[..] The documentation attached to the motion IS NOT filed or recorded with the 
129.2 	authorization of the obligor, person named as debtor, or owner of collateral described or 
129.3 	indicated in the documentation, or by consent of an agent, fiduciary, or other representative 
129.4 	of that person, or with the authorization of the secured party of record in the case of an 
129.5 	amendment or termination and, IS NOT an effective financing statement or other record 
129.6 	under the Uniform Commercial Code - Secured Transactions law of this state.
129.7 	[..] This court makes no finding as to any underlying claims of the parties involved 
129.8 	and expressly limits its findings of fact and conclusions of law to the review of a 
129.9 	ministerial act. The filing officer shall remove the subject financing statement or other 
129.10 	record so that the record is not reflected in or obtained as a result of any search, standard 
129.11 	or otherwise, conducted of those records, but shall retain them and these findings of fact 
129.12 	and conclusions of law in the filing office for the duration of the period for which they 
129.13 	would have otherwise been filed.
129.14 	SIGNED ON THIS THE ...... DAY of .......
129.15 	............. District Judge 
129.16 	............. District 
129.17 	............. County, Minnesota 
129.18 		Subd. 12.Hearing determination. If a determination is made after a hearing, the 
129.19 	court may award the prevailing party all costs related to the entire review, including, but 
129.20 	not limited to, filing fees, attorney fees, administrative costs, and other costs. 
129.21 		Subd. 13.Subsequent motion. If the moving party files a subsequent motion under 
129.22 	this section against a person filing a financing statement or other record that is reviewed 
129.23 	under this section and found to be filed or recorded with the authorization of the obligor, 
129.24 	person named as debtor, or owner of collateral described or indicated in the financing 
129.25 	statement or other record, or by consent of an agent, fiduciary, or other representative of 
129.26 	that person, or with the authorization of the secured party of record in the case of an 
129.27 	amendment or termination, the court may, in addition to assessing costs, order other 
129.28 	equitable relief against the moving party or enter other sanctions against the moving party.
129.29 		Subd. 14.Judicial officers. The chief judge of a district court may order that any 
129.30 	or all proceedings under this section be conducted and heard by other judicial officers of 
129.31 	that district court.

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

129.33 	Sec. 12. [604.18] CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE 
129.34 	IMPROPER FINANCING STATEMENTS.
130.1 		Subdivision 1.Definitions. For purposes of this section:
130.2 	(1) "financing statement" has the meaning given in section 336.9-102(a) of the 
130.3 	Uniform Commercial Code; and 
130.4 	(2) "filing officer" is defined as Uniform Commercial Code filing officer in each 
130.5 	jurisdiction.
130.6 		Subd. 2.Liability. (a) A person shall not knowingly cause to be presented for filing 
130.7 	or promote the filing of a financing statement that the person knows:
130.8 	(1) is forged;
130.9 	(2) is not:
130.10 	(i) related to a valid lien or security agreement; or 
130.11 	(ii) filed pursuant to section 336.9-502(d); and 
130.12 	(3) is for an improper purpose or purposes, such as to harass, hinder, defraud, or 
130.13 	otherwise interfere with any person.
130.14 	(b) A person who violates paragraph (a) is liable to each injured person for:
130.15 	(1) the greater of:
130.16 	(i) nominal damages up to $10,000; or 
130.17 	(ii) the actual damages caused by the violation;
130.18 	(2) court costs;
130.19 	(3) reasonable attorney fees;
130.20 	(4) related expenses of bringing the action, including investigative expenses; and 
130.21 	(5) exemplary damages in the amount determined by the court.
130.22 		Subd. 3.Cause of action. (a) The following persons may bring an action to enjoin 
130.23 	violation of this section or to recover damages under this section:
130.24 	(1) the obligor, the person named as the debtor, any person who owns an interest 
130.25 	in the collateral described or indicated in the financing statement, or any person harmed 
130.26 	by the filing of the financing statement;
130.27 	(2) the attorney general;
130.28 	(3) a county attorney;
130.29 	(4) a city attorney; and 
130.30 	(5) a person who has been damaged as a result of an action taken in reliance on the 
130.31 	filed financing statement.
130.32 	(b) A filing officer may refer a matter to the attorney general or other appropriate 
130.33 	person for filing the legal actions under this section.
130.34 		Subd. 4.Venue. An action under this section may be brought in any district court in 
130.35 	the county in which the financing statement is presented for filing or in a county where 
130.36 	any of the persons named in subdivision 3, paragraph (a), clause (1), resides.
131.1 		Subd. 5.Filing fee. (a) The fee for filing an action under this chapter is $.......  The 
131.2 	plaintiff must pay the fee to the clerk of the court in which the action is filed.  Except as 
131.3 	provided by paragraph (b), the plaintiff may not be assessed any other fee, cost, charge, or 
131.4 	expense by the clerk of the court or other public official in connection with the action.
131.5 	(b) The fee for service of notice of an action under this section charged to the 
131.6 	plaintiff may not exceed:
131.7 	(1) $....... if the notice is delivered in person; or 
131.8 	(2) the cost of postage if the service is by registered or certified mail.
131.9 	(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file 
131.10 	with the court an affidavit of inability to pay under the Minnesota Rules of Civil Procedure.
131.11 	(d) If the fee imposed under paragraph (a) is less than the filing fee the court imposes 
131.12 	for filing other similar actions and the plaintiff prevails in the action, the court may order a 
131.13 	defendant to pay to the court the differences between the fee paid under paragraph (a) and 
131.14 	the filing fee the court imposes for filing other similar actions.
131.15 		Subd. 6.Other remedies. (a) An obligor, person named as a debtor,  owner of 
131.16 	collateral, or any other person harmed by the filing of a financing statement in violation of 
131.17 	subdivision 2, paragraph (a), also may request specific relief, including, but not limited 
131.18 	to, terminating the financing statement and removing the debtor named in the financing 
131.19 	statement from the index under the provisions of section 545.05, paragraph (c), such that it 
131.20 	will not appear in a search under that debtor name.
131.21 	(b) This law is cumulative of other law under which a person may obtain judicial 
131.22 	relief with respect to any filed or recorded document.

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

131.24 	Sec. 13. [609.7475] FRAUDULENT OR OTHERWISE IMPROPER FINANCING 
131.25 	STATEMENTS.
131.26 		Subdivision 1.Definition. As used in this section, "record" has the meaning given 
131.27 	in section 336.9-102.
131.28 		Subd. 2.Crime described.  A person who: 
131.29 	(1) knowingly causes to be presented for filing or promotes the filing of a record that:
131.30 	(i) is not:
131.31 	(A)  related to a valid lien or security agreement; or
131.32 	(B) filed pursuant to section 336.9-502(d); or
131.33 	(ii) contains a forged signature or is based upon a document containing a forged 
131.34 	signature; or
132.1 	(2) presents for filing or causes to be presented for filing a record with the intent that 
132.2 	it be used to harass or defraud any other person;
132.3 	is guilty of a crime and may be sentenced as provided in subdivision 3.
132.4 		Subd. 3.Penalties. (a) Except as provided in paragraph (b), a person who violates 
132.5 	subdivision 2 is guilty of a gross misdemeanor.
132.6 	(b) A person who violates subdivision 2 is guilty of a felony and may be sentenced 
132.7 	to imprisonment for not more than five years or to payment of a fine of not more than 
132.8 	$10,000, or both, if the person: 
132.9 	(1) commits the offense with intent to influence or otherwise tamper with a juror or a 
132.10 	judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 
132.11 	609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's 
132.12 	performance of official duties in connection with a judicial proceeding; or
132.13 	(2) commits the offense after having been previously convicted of a violation 
132.14 	of this section.
132.15 		Subd. 4.Venue. A violation of this section may be prosecuted in either the county 
132.16 	of residence of the individual listed as debtor or the county in which the filing is made.

132.17 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
132.18 	committed on or after that date.

132.19 	ARTICLE 8
132.20 	CORONERS AND MEDICAL EXAMINERS

132.21 	Section 1. Minnesota Statutes 2004, section 390.005, is amended to read:
132.22 	390.005 ELECTION OR APPOINTMENT, ELIGIBILITY; VACANCIES; 
132.23 	REMOVAL.
132.24 		Subdivision 1.County election Selection of coroner or medical examiner. Each 
132.25 	county must have a coroner or medical examiner. A coroner shall may be elected in each 
132.26 	county, as prescribed by section  382.01, except as provided in this section or appointed in 
132.27 	each county. A medical examiner must be appointed by the county board. The term of an 
132.28 	appointed coroner or medical examiner must not be longer than four years.
132.29 		Subd. 2.Appointment by resolution. In a county where the office of coroner has 
132.30 	not been abolished, The board of county commissioners may, by resolution, state its 
132.31 	intention to fill the office of coroner by appointment. The resolution must be adopted at 
132.32 	least six months before the end of the term of the incumbent coroner, if elected. After the 
132.33 	resolution is adopted, the board shall fill the office by appointing a person not less than 
132.34 	30 days before the end of the incumbent's term. The appointed coroner shall serve for a 
133.1 	term of office determined by the board beginning upon the expiration of the term of the 
133.2 	incumbent. The term must not be longer than four years.
133.3 	If there is a vacancy in the elected office in the county, the board may by resolution, 
133.4 	state its intention to fill the office by appointment. When the resolution is adopted, the 
133.5 	board shall fill the office by appointment immediately. The coroner shall serve for a term 
133.6 	determined by the board. The term must not be longer than four years.
133.7 		Subd. 3.Educational requirements Qualifications. A coroner must have 
133.8 	successfully completed academic courses in pharmacology, surgery, pathology, toxicology, 
133.9 	and physiology. However, if a board of county commissioners determines that the office 
133.10 	of coroner shall not be elective and it cannot appoint any person meeting the educational 
133.11 	qualifications as coroner, the board may:
133.12 	(1) appoint any qualified person, whether or not a resident of the county; or
133.13 	(2) if no qualified person can be found, appoint a person who is serving or has served 
133.14 	as deputy coroner, whether or not a resident of the county. (a) The medical examiner must 
133.15 	be a forensic pathologist who is certified or eligible for certification by the American 
133.16 	Board of Pathology.  The medical examiner is an appointed public official in a system of 
133.17 	death investigation in which the administrative control, the determination of the extent 
133.18 	of the examination, need for autopsy, and the filing of the cause and manner of death 
133.19 	information with the state registrar pursuant to section 144.221 are all under the control 
133.20 	of the medical examiner.  
133.21 	(b) The coroner must be a physician with a valid license in good standing under 
133.22 	chapter 147, to practice medicine as defined under section 147.081, subdivision 3.  The 
133.23 	coroner is a public official, elected or appointed, whose duty is to make inquiry into deaths 
133.24 	in certain categories, determine the cause and manner of death, and file the information 
133.25 	with the state registrar pursuant to section 144.221. The coroner must obtain additional 
133.26 	training in medicolegal death investigation, such as training by the American Board of 
133.27 	Medicolegal Death Investigators, within four years of taking office, unless the coroner 
133.28 	has already obtained this training. 
133.29 	(c) The coroner or medical examiner need not be a resident of the county.
133.30 		Subd. 4.Certain incumbents. An incumbent coroner or medical examiner in 
133.31 	office on July 1, 1965 meetsthe effective date of this section is hereby deemed to meet 
133.32 	the qualifications prescribed by this section for the purpose of continuance in, reelection 
133.33 	to, or appointment to the office of coroner until the end of the current term of office, 
133.34 	after which this statute will apply.
133.35 		Subd. 5.Vacancies, removal. Vacancies in the office of coroner or medical 
133.36 	examiner shall be filled according to sections  375.08 and  382.02, or under subdivision 1. 
134.1 	A The medical examiner or appointed coroner may be removed from office as provided 
134.2 	by law. by the county board during a term of office for cause shown after a hearing upon 
134.3 	due notice of written charges. The hearing shall be conducted in accordance with that 
134.4 	county's human resources policy.

134.5 	EFFECTIVE DATE. This section is effective July 1, 2006.

134.6 	Sec. 2. [390.0065] HENNEPIN COUNTY MEDICAL EXAMINER; SELECTION 
134.7 	AND TERM.
134.8 	Hennepin County shall use the following procedure to select the Hennepin County 
134.9 	medical examiner: the Hennepin County Board shall designate three licensed physicians 
134.10 	who shall constitute a Medical Examiner Board.  One member shall be a dean or professor 
134.11 	of the Department of Pathology of a Class A medical school as designated by the American 
134.12 	Medical Association.  Another member of the board shall be a member of the Minnesota 
134.13 	Society of Pathologists.  The third member shall be designated by the Hennepin County 
134.14 	Medical Association from its membership.  The Medical Examiner Board shall accept 
134.15 	applications for the position of Hennepin County medical examiner when a vacancy exists 
134.16 	in the office.  Applications therefore shall be considered from doctors of medicine who 
134.17 	are:  (1) graduates of a medical school recognized by the American Medical Association 
134.18 	or American Osteopathic Association, (2) members in good standing in the medical 
134.19 	profession, (3) eligible for appointment to the staff of the Hennepin County Medical 
134.20 	Center, and (4) certified or eligible for certification in forensic pathology by the American 
134.21 	Board of Pathology.  The Medical Examiner Board shall review the qualifications of the 
134.22 	applicants and shall rank the applicants deemed qualified for the position and provide 
134.23 	to the county board a report of the seven highest ranked applicants together with their 
134.24 	qualifications.  The county board shall appoint a county medical examiner from those 
134.25 	listed in the report.  The term of the examiner shall continue for four years from the date of 
134.26 	appointment.  Reappointment shall be made at least 90 days prior to the expiration of the 
134.27 	term.  If a vacancy requires a temporary appointment, the board of commissioners shall 
134.28 	appoint a medical doctor on the staff of the county medical examiner's office to assume 
134.29 	the duties of the medical examiner until an appointment can be made in compliance with 
134.30 	the specified selection procedure.  Actual and necessary expenses of the Medical Examiner 
134.31 	Board shall be paid in accordance with sections 471.38 to 471.415.  

134.32 	EFFECTIVE DATE. This section is effective July 1, 2006.

135.1 	Sec. 3. Minnesota Statutes 2004, section 390.01, is amended to read:
135.2 	390.01 BOND AND INDEMNIFICATION.
135.3 	Before taking office, the coroner shall post bond to the state in a penal sum set by the 
135.4 	county board, not less than $500 nor more than $10,000. The coroner's bond is subject 
135.5 	to the same conditions in substance as in the bond required by law to be given by the 
135.6 	sheriff, except as to the description of the office. The coroner or medical examiner shall 
135.7 	be included in the bond held by the county for all appointed and elected county officials 
135.8 	and shall be defended and indemnified, pursuant to section 466.07. The bond and oath of 
135.9 	office shall be recorded and filed with the county recorder.

135.10 	EFFECTIVE DATE. This section is effective July 1, 2006.

135.11 	Sec. 4. [390.011] AUTONOMY.
135.12 	The coroner or medical examiner is an independent official of the county, subject 
135.13 	only to appointment, removal, and budgeting by the county board.

135.14 	EFFECTIVE DATE. This section is effective July 1, 2006.

135.15 	Sec. 5. [390.012] JURISDICTION.
135.16 	The coroner or medical examiner of the county in which a person dies or is 
135.17 	pronounced dead shall have jurisdiction over the death, regardless of where any injury that 
135.18 	resulted in the death occurred.  The place where death is pronounced is deemed to be the 
135.19 	place where death occurred.  If the place of death is unknown but the dead body is found in 
135.20 	Minnesota, the place where the body is found is considered the place of death.  If the date 
135.21 	of death is unknown, the date the body is found is considered the date of death, but only for 
135.22 	purposes of this chapter. When a death occurs in a moving conveyance and the body is first 
135.23 	removed in Minnesota, documentation of death must be filed in Minnesota and the place 
135.24 	of death is considered the place where the body is first removed from the conveyance.

135.25 	EFFECTIVE DATE. This section is effective July 1, 2006.

135.26 	Sec. 6. Minnesota Statutes 2004, section 390.04, is amended to read:
135.27 	390.04 TO ACT WHEN SHERIFF A PARTY TO AN ACTION PROVISION 
135.28 	FOR TRANSFER OF JURISDICTION.
135.29 	When the sheriff is a party to an action or when a party, or a party's agent or 
135.30 	attorney, files with the court administrator of the district court an affidavit stating that the 
135.31 	party believes the sheriff,coroner or medical examiner, because of partiality, prejudice, 
136.1 	consanguinity, or interest, will is not faithfully able to perform the sheriff's  coroner or 
136.2 	medical examiner's duties in an action commenced, or about to be commenced, the clerk 
136.3 	shall direct process in the action to the coroner. The coroner shall perform the duties of 
136.4 	the sheriff relative to the action in the same manner required for a sheriff., the coroner or 
136.5 	medical examiner shall have the authority to transfer jurisdiction to another coroner or 
136.6 	medical examiner, as arranged by the county board.

136.7 	EFFECTIVE DATE. This section is effective July 1, 2006.

136.8 	Sec. 7. Minnesota Statutes 2005 Supplement, section 390.05, is amended to read:
136.9 	390.05 DEPUTIES MEDICAL EXAMINER OR CORONER STAFF.
136.10 	A The coroner shall or medical examiner may appoint one or more deputies.
136.11 	assistant coroners or assistant medical examiners, as necessary to fulfill the duties of the 
136.12 	office, subject to authorization by the county board.  Such assistants shall have the same 
136.13 	qualifications as a coroner or medical examiner. When the coroner or medical examiner is 
136.14 	absent or unable to act, deputies assistants shall have the same powers and duties and are 
136.15 	subject to the same liabilities as coroners. A deputy shall be appointed in writing. The 
136.16 	oath and appointment shall be recorded with the county recorder. The deputy shall act by 
136.17 	name as deputy coroner and hold office at the same time as the coroner. limitations as the 
136.18 	coroner or medical examiner. The assistants shall be appointed in writing, shall take an 
136.19 	oath that shall be recorded and filed with the county recorder, and shall be included in the 
136.20 	county bond. The assistant shall act by name as assistant coroner or medical examiner and 
136.21 	hold office at the pleasure of the coroner or medical examiner.
136.22 	A coroner or medical examiner may appoint one or more investigators, with such 
136.23 	qualifications as the coroner or medical examiner deems appropriate. Such investigators 
136.24 	shall have the powers and duties that are delegated to them by the coroner or medical 
136.25 	examiner. Unless they are public employees of that county, investigators shall be 
136.26 	appointed in writing and take an oath, shall be included in the county bond, and the 
136.27 	oath and appointment shall be recorded and filed with the county recorder. Subject to 
136.28 	authorization of the county board, assistants may be appointed to the unclassified service 
136.29 	and investigators to the classified service of the county.

136.30 	EFFECTIVE DATE. This section is effective July 1, 2006.

136.31 	Sec. 8. [390.061] MORGUE.
136.32 	Every county need not have a morgue, but there must be a system or process for 
136.33 	receiving, storing, and releasing all dead bodies subject to this statute.

137.1 	EFFECTIVE DATE. This section is effective July 1, 2006.

137.2 	Sec. 9. Minnesota Statutes 2004, section 390.11, is amended to read:
137.3 	390.11 INVESTIGATIONS AND INQUESTS.
137.4 		Subdivision 1.Deaths requiring inquests and investigations Reports of death.
 137.5 	Except as provided in subdivision 1a, the coroner shall investigate and may conduct 
137.6 	inquests in all human deaths of the following types: All sudden or unexpected deaths 
137.7 	and all deaths that may be due entirely or in part to any factor other than natural disease 
137.8 	processes must be promptly reported to the coroner or medical examiner for evaluation. 
137.9 	Sufficient information must be provided to the coroner or medical examiner.  Reportable 
137.10 	deaths include, but are not limited to:
137.11 	(1) unnatural deaths, including violent deaths, whether apparently homicidal, 
137.12 	suicidal, or accidental, including but not limited to deaths due to thermal, chemical, 
137.13 	electrical, or radiational injury, and deaths due to criminal abortion, whether apparently 
137.14 	self induced or not; arising from homicide, suicide, or accident;
137.15 	(2) deaths due to a fire or associated with burns or chemical, electrical, or radiation 
137.16 	injury;
137.17 	(3) unexplained or unexpected perinatal and postpartum maternal deaths;
137.18 	(2) (4) deaths under suspicious, unusual, or mysterious unexpected circumstances;
137.19 	(3) (5) deaths of persons whose bodies are to be cremated, dissected, buried at sea,
137.20 	or otherwise disposed of so that the bodies will later be unavailable for examination; and
137.21 	(4) (6) deaths of inmates of public institutions and persons in custody of law 
137.22 	enforcement officers who are have not been hospitalized primarily for organic disease and 
137.23 	whose deaths are not of any type referred to in clause (1) or (2).;
137.24 	(7) deaths that occur during, in association with, or as the result of diagnostic, 
137.25 	therapeutic, or anesthetic procedures; 
137.26 	(8) deaths due to culpable neglect;   
137.27 	(9) stillbirths of 20 weeks or longer gestation unattended by a physician;
137.28 	(10) sudden deaths of persons not affected by recognizable disease; 
137.29 	(11) unexpected deaths of persons notwithstanding a history of underlying disease;
137.30 	(12) deaths in which a fracture of a major bone such as a femur, humerus, or tibia 
137.31 	has occurred within the past six months;
137.32 	(13) deaths unattended by a physician occurring outside of a licensed health care 
137.33 	facility or licensed residential hospice program;
137.34 	(14) deaths of persons not seen by their physician within 120 days of demise;
137.35 	(15) deaths of persons occurring in an emergency department;
138.1 	(16) stillbirths or deaths of newborn infants in which there has been maternal use of 
138.2 	or exposure to unprescribed controlled substances including street drugs or in which there 
138.3 	is history or evidence of maternal trauma;
138.4 	(17) unexpected deaths of children;
138.5 	(18) solid organ donors;
138.6 	(19) unidentified bodies;
138.7 	(20) skeletonized remains;
138.8 	(21) deaths occurring within 24 hours of arrival at a health care facility if death 
138.9 	is unexpected; 
138.10 	(22) deaths associated with the decedent's employment;
138.11 	(23) deaths of nonregistered hospice patients or patients in nonlicensed hospice 
138.12 	programs; and
138.13 	(24) deaths attributable to acts of terrorism. 
138.14 	The coroner or medical examiner shall determine the extent of the coroner's or medical 
138.15 	examiner's investigation, including whether additional investigation is needed by the 
138.16 	coroner or medical examiner, jurisdiction is assumed, or an autopsy will be performed, 
138.17 	notwithstanding any other statute.   
138.18 		Subd. 1a.Commissioner of corrections; investigation of deaths. The 
138.19 	commissioner of corrections may require that all Department of Corrections incarcerated 
138.20 	deaths be reviewed by an independent, contracted, board-certified forensic pathologist.
138.21 	For deaths occurring within a facility licensed by the Department of Corrections, the 
138.22 	coroner or medical examiner shall ensure that a forensic pathologist who is certified by 
138.23 	the American Board of Pathology reviews each death and performs an autopsy on all 
138.24 	unnatural, unattended, or unexpected deaths and others as necessary. 
138.25 		Subd. 1b.Hospice registration. Each coroner and medical examiner shall establish 
138.26 	a registration policy regarding hospice patients.  If a hospice patient is determined to be 
138.27 	properly preregistered, the coroner or medical examiner may treat the death as attended 
138.28 	by a physician.
138.29 		Subd. 2.Violent or mysterious deaths; Autopsies. The coroner or medical 
138.30 	examiner may conduct order an autopsy, at the coroner or medical examiner's sole 
138.31 	discretion, in the case of any human death referred to in subdivision 1, clause (1) or (2),
138.32 	when, in the judgment of the coroner judges that or medical examiner the public interest 
138.33 	requireswould be served by an autopsy, except that an autopsy must be conducted in all 
138.34 	unattended inmate deaths that occur in a state correctional facility. The autopsy shall be 
138.35 	performed without unnecessary delay.   A report of the facts developed by the autopsy 
138.36 	and findings of the person performing the autopsy shall be made promptly and filed in 
139.1 	the office of the coroner or medical examiner.  When further investigation is deemed 
139.2 	advisable, a copy of the report shall be delivered to the county attorney.  Every autopsy 
139.3 	performed pursuant to this subdivision shall, whenever practical, be performed in the 
139.4 	county morgue.  Nothing herein shall require the coroner or medical examiner to order an 
139.5 	autopsy upon the body of a deceased person if the person died of known or ascertainable 
139.6 	causes or had been under the care of a licensed physician immediately prior to death or if 
139.7 	the coroner or medical examiner determines the autopsy to be unnecessary.
139.8 	Autopsies performed pursuant to this subdivision may include the removal, 
139.9 	retention, testing, or use of organs, parts of organs, fluids or tissues, at the discretion of 
139.10 	the coroner or medical examiner, when removal, retention, testing, or use may be useful 
139.11 	in determining or confirming the cause of death, mechanism of death, manner of death, 
139.12 	identification of the deceased, presence of disease or injury, or preservation of evidence. 
139.13 	Such tissue retained by the coroner or medical examiner pursuant to this subdivision shall 
139.14 	be disposed of in accordance with standard biohazardous hospital and/or surgical material 
139.15 	and does not require specific consent or notification of the legal next of kin.  When 
139.16 	removal, retention, testing, and use of organs, parts of organs, fluids, or tissues is deemed 
139.17 	beneficial, and is done only for research or the advancement of medical knowledge and 
139.18 	progress, written consent or documented oral consent shall be obtained from the legal next 
139.19 	of kin, if any, of the deceased person prior to the removal, retention, testing, or use. 
139.20 		Subd. 2a.Deaths caused by fire; autopsies. The coroner shall conduct an autopsy 
139.21 	in the case of any human death reported to the coroner by the state fire marshal or a chief 
139.22 	officer under section  299F.04, subdivision 5, and apparently caused by fire. The coroner 
139.23 	or medical examiner shall conduct an autopsy or require that one be performed in the 
139.24 	case of a death reported to the coroner or medical examiner by the state fire marshal or a 
139.25 	chief officer under section 299F.04, subdivision 5, and apparently caused by fire, and in 
139.26 	which the decedent is pronounced dead outside of a hospital or in which identification 
139.27 	of the decedent has not been confirmed. If the decedent has died in a hospital and 
139.28 	identification is not in question, an autopsy may be performed or ordered by the coroner or 
139.29 	medical examiner.
139.30 		Subd. 3.Other deaths; autopsies; Exhumation; consent disinterment. The 
139.31 	coroner may conduct an autopsy in the case of any human death referred to in subdivision 
139.32 	1, clause (3) or (4), or  medical examiner may exhume any human body and perform 
139.33 	an autopsy on it in the case of any human death referred to in subdivision 1 when the 
139.34 	coroner or medical examiner judges that the public interest requires an autopsy. No 
139.35 	autopsy exhumation shall be conducted unless the surviving spouse, or legal next of kin 
139.36 	if there is no surviving spouse, consents to it, or the district court of the county where the 
140.1 	body is located or buried, upon notice as the court directs, enters an order authorizing an 
140.2 	autopsy or an exhumation and autopsy orders it. Notice of such exhumation shall be given 
140.3 	as directed by the district court. Application for an order may be made by the coroner, 
140.4 	medical examiner, or by the county attorney of the county where the body is located or 
140.5 	buried, and shall be granted upon a showing that the court deems appropriate.
140.6 		Subd. 4.Assistance of medical specialists. If during an investigation the coroner or 
140.7 	medical examiner believes the assistance of pathologists, toxicologists, deputy coroners,
140.8 	laboratory technicians, or other medical, scientific, or forensic experts is necessary to 
140.9 	determine or confirm the cause or manner of death, identification, time of death, or to 
140.10 	address other issues requiring expert opinion, the coroner shall or medical examiner may
140.11 	obtain their assistance.
140.12 		Subd. 5.Inquest. An inquest into a death may be held at the request of the medical 
140.13 	examiner and the county attorney or the coroner and the county attorney.  An inquest is 
140.14 	optional and the coroner or medical examiner may investigate and certify a death without 
140.15 	one.  The coroner or medical examiner and county attorney may decide how to empanel 
140.16 	the inquest.  Inquest records will be made public, but the record and report of the inquest 
140.17 	proceedings may not be used in evidence in any civil action arising out of the death for 
140.18 	which an inquest was ordered. Before an inquest is held, the coroner shall notify the 
140.19 	county attorney to appear and examine witnesses at the inquest.Whenever the decision 
140.20 	is made to hold an inquest, the county attorney may issue subpoenas for witnesses and 
140.21 	enforce their attendance.  The persons served with subpoenas shall be allowed the same 
140.22 	compensation and be subject to the same enforcement and penalties as provided by Rule 
140.23 	22 of the Minnesota Rules of Criminal Procedure.
140.24 		Subd. 6.Records kept by coroner or medical examiner. The coroner or medical 
140.25 	examiner shall keep full and complete records, properly indexed records, giving the name, 
140.26 	if known, of every person whose death is investigated, the place where the body was 
140.27 	found, the date, cause, and manner of death, and all other relevant available information 
140.28 	concerning the death. that the coroner or medical examiner considers pertinent.   These 
140.29 	records of the coroner or medical examiner are the property of the county and subject to 
140.30 	chapter 13. These records shall be kept at the coroner's or medical examiner's office, 
140.31 	unless no storage space is available. They shall then be kept with official county records 
140.32 	and only released in accordance with the Data Practices Act. Records shall be kept in 
140.33 	accordance with section 15.17.
140.34 		Subd. 7.Reports Duty to report. (a) Deaths of the types described in this section 
140.35 	must be promptly reported for investigation to the coroner or medical examiner and, when 
140.36 	appropriate, to the law enforcement agency with jurisdiction, by the law enforcement 
141.1 	officer, attending physician, health care professional, mortician or funeral director, person 
141.2 	in charge of the public institutions referred to in subdivision 1, or other person with 
141.3 	knowledge of the death. anyone who discovers a deceased person. In a case in which a 
141.4 	crime may be involved, the coroner or medical examiner shall promptly notify the law 
141.5 	enforcement agency with jurisdiction over a criminal investigation of the death.
141.6 		Subd. 7a.Records and other material available to coroner or medical examiner.
 141.7 	(b) For the purposes of this section, health-related records or data on a decedent, Except 
141.8 	for health data defined in section  13.3805, subdivision 1, paragraph (a), clause (2), 
141.9 	health-related records or data on a decedent whose death is being investigated under 
141.10 	this section, whether the records or data are recorded or unrecorded, including but 
141.11 	not limited to those concerning medical, surgical, psychiatric, psychological, or any 
141.12 	other consultation, diagnosis, or treatment, including medical imaging, shall be made 
141.13 	promptly available to the coroner or medical examiner, upon the coroner's or medical 
141.14 	examiner's written request, by a any person, agency, entity, or organization having 
141.15 	custody of, possession of, access to, or knowledge of the records or data. This provision 
141.16 	includes records and data, whether recorded or unrecorded, including but not limited to, 
141.17 	records and data, including medical imaging, concerning medical, surgical, psychiatric, 
141.18 	psychological, chemical dependency, or any other consultation, diagnosis, or treatment. 
141.19 	In cases involving a stillborn infant or the death of a fetus or infant less than one year 
141.20 	of age, the prenatal records on the decedent's mother may also be subpoenaed by the 
141.21 	coroner or medical examiner. The coroner or medical examiner shall pay the reasonable 
141.22 	costs of copies of records or data so  provided to the coroner under this section. Data 
141.23 	collected or created pursuant to this subdivision relating to any psychiatric, psychological, 
141.24 	or mental health consultation with, diagnosis of, or treatment of the decedent whose 
141.25 	death is being investigated shall remain confidential or protected nonpublic data, except 
141.26 	that the coroner's or medical examiner's final summary report may contain a summary 
141.27 	of, or references to, such data. Where records of a decedent become part of the medical 
141.28 	examiner's or coroner's file, they are not subject to subpoena or a request for production 
141.29 	directed to the medical examiner or coroner.  Body fluids, slides, tissue, organ specimens, 
141.30 	radiographs, monitor records, video or other recordings, and any other material or article 
141.31 	of diagnostic value obtained from the decedent prior to death, shall be made available to 
141.32 	the coroner or medical examiner upon request.  Notwithstanding the provisions of sections 
141.33 	13.384 and 595.02, the coroner or medical examiner shall have the power to subpoena any 
141.34 	and all documents, records, including medical records, and papers deemed useful in the 
141.35 	investigation of a death.
142.1 		Subd. 7b.Records released by coroner or medical examiner. Records and 
142.2 	reports, including those of autopsies performed, generated, and certified by the coroner or 
142.3 	medical examiner shall be admissible as evidence in any court or grand jury proceeding. 
142.4 	The admissibility of such evidence under this subdivision shall not include statements 
142.5 	made by witnesses or other persons unless otherwise admissible. 
142.6 		Subd. 8.Investigation procedure; coroner or medical examiner in charge of 
142.7 	body. Upon notification of a the death subject toof any person as defined in this section, 
142.8 	the coroner or deputy shall medical examiner staff or their designee may proceed to the 
142.9 	body, take charge of it, and, arrange for transfer of it, when appropriate.  This provision 
142.10 	also applies to bones, body parts, and specimens that may be human remains.  Discovery 
142.11 	of such bones, body parts, and specimens must be promptly reported to the coroner or 
142.12 	medical examiner. When necessary, the coroner or medical examiner staff, in coordination 
142.13 	with the applicable law enforcement agency, may order that there be no interference with 
142.14 	or compromise of the body or the scene of death. In the event a person is transported to 
142.15 	an emergency vehicle or facility and pronounced dead, the scene of death shall include 
142.16 	the original location of the decedent when first discovered to be ill, unresponsive, or 
142.17 	stricken prior to removal by emergency medical personnel.  Any person violating such 
142.18 	an order is guilty of a gross misdemeanor. The coroner or medical examiner staff shall 
142.19 	make inquiry regarding the cause and manner of death and, in cases that fall under the 
142.20 	medical examiner's or coroner's jurisdiction, prepare written findings together with the 
142.21 	report of death and its circumstances, which shall be filed in the office of the coroner or 
142.22 	medical examiner.
142.23 		Subd. 9.Criminal act report. On coming to believe that the death may have 
142.24 	resulted from a criminal act, The coroner or deputy medical examiner shall deliver a 
142.25 	signed copy of the report of investigation or inquest to the county attorney.to the county 
142.26 	attorney copies of reports or other information created by the coroner's or medical 
142.27 	examiner's office in any cases of a potential criminal nature.
142.28 		Subd. 10.Sudden Infant death. If a child under the age of two years dies suddenly 
142.29 	and unexpectedly under circumstances indicating that the death may have been caused 
142.30 	by sudden infant death syndrome, the coroner, medical examiner, or personal physician 
142.31 	shall notify the child's parents or guardian that an autopsy is essential to establish the 
142.32 	cause of death as sudden infant death syndrome. If an autopsy reveals that sudden infant 
142.33 	death syndrome is the cause of death, that fact must be stated in the autopsy report., the 
142.34 	parents or guardian of the child shall be promptly notified of the cause of death and of the
142.35 	availability of counseling services.
143.1 		Subd. 11.Autopsy fees. The coroner may charge a reasonable fee to a person 
143.2 	requesting an autopsy if the autopsy would not otherwise be conducted under subdivision 
143.3 	1, 2, or 3.
143.4 		Subd. 12.Authorized removal of the brain. If the coroner or medical examiner is 
143.5 	informed by a physician or pathologist that a dead person decedent is suspected of having 
143.6 	had Alzheimer's disease, the coroner shall or medical examiner may authorize the removal 
143.7 	of the brain of the dead person for the purposes of sections  145.131 and  145.132. 

143.8 	EFFECTIVE DATE. This section is effective July 1, 2006.

143.9 	Sec. 10. Minnesota Statutes 2004, section 390.111, is amended to read:
143.10 	390.111 EXPENSES AND COMPENSATION.
143.11 	The county board may allowis responsible for the reasonable and necessary 
143.12 	compensation and expenses of the coroner or deputies incurred for telephone tolls, 
143.13 	telegrams, postage, the cost of transcribing the testimony taken at an inquest, and other 
143.14 	expenses incurred solely for the officers' official business under this chapter. medical 
143.15 	examiner, assistants, investigators, and other medical specialists.

143.16 	EFFECTIVE DATE. This section is effective July 1, 2006.

143.17 	Sec. 11. Minnesota Statutes 2004, section 390.15, is amended to read:
143.18 	390.15 WITNESSES; FEES.
143.19 	The coroner or medical examiner may issue subpoenas for witnesses, returnable 
143.20 	immediately or at a specified time and place. The persons served with the subpoenas shall 
143.21 	be allowed the fees, the coroner shall enforce their attendance, and they shall be subject 
143.22 	to the penalties provided by statute or the Rules of Criminal Procedure. charge a fee for 
143.23 	cremation approval, duplication of reports, and other administrative functions to recover 
143.24 	reasonable expenses, subject to county board approval.

143.25 	EFFECTIVE DATE. This section is effective July 1, 2006.

143.26 	Sec. 12. [390.151] ORGAN AND TISSUE DONATION.
143.27 	The coroner or medical examiner may facilitate donation of organs and tissues in 
143.28 	compliance with the Uniform Anatomical Gift Act, sections 525.921 to 525.9224.

143.29 	EFFECTIVE DATE. This section is effective July 1, 2006.

143.30 	Sec. 13. [390.152] CREMATION APPROVAL.
144.1 	After investigating deaths of persons who are to be cremated, the coroner or medical 
144.2 	examiner may give approval for cremation and shall record such approval by either 
144.3 	signing a cremation authorization form, or electronically through the centralized electronic 
144.4 	system for the processing of death records established by the state registrar.  It shall be a 
144.5 	misdemeanor to perform a cremation without such approval.

144.6 	EFFECTIVE DATE. This section is effective July 1, 2006.

144.7 	Sec. 14. Minnesota Statutes 2004, section 390.21, is amended to read:
144.8 	390.21 DISPOSITION; BURIAL.
144.9 	When a coroner holds an inquest upon view of the dead body of any person 
144.10 	unknown, or, being called for that purpose, does not think it necessary, on view of 
144.11 	the body, that an inquest be held, the coroner shall have the body decently buried. All 
144.12 	expenses of the inquisition and burial shall be paid by the county where the dead body is 
144.13 	found.  After an investigation has been completed, including an autopsy if one is done, the 
144.14 	body shall be released promptly to the person or persons who have the right to control the 
144.15 	disposition of the body. Section 149A.80, subdivision 2, shall control. If the identity of 
144.16 	the deceased person is unknown, or if the body is unclaimed, the medical examiner or 
144.17 	coroner shall provide for dignified burial or storage of the remains. Dignified burial shall 
144.18 	not include cremation, donation for anatomic dissection, burial at sea, or other disposition 
144.19 	that will make the body later unavailable. The county where the dead body is found shall 
144.20 	pay reasonable expenses of the burial. If an estate is opened within six years and claim 
144.21 	made for the property or proceeds of the sale of the property of the decedent, the county 
144.22 	shall be reimbursed the amount spent on burial, with interest at the statutory rate.

144.23 	EFFECTIVE DATE. This section is effective July 1, 2006.

144.24 	Sec. 15. Minnesota Statutes 2004, section 390.221, is amended to read:
144.25 	390.221 BODIES; EFFECTS; CUSTODY.
144.26 	A person may not removemove, interfere with, or handle the body or the effects 
144.27 	of any person a decedent subject to an investigation by the county coroner or medical 
144.28 	examiner except upon order of the coroner or, medical examiner, assistant, or deputy
144.29 	authorized investigator. The coroner or medical examiner shall take charge of the effects 
144.30 	found on or near the body of a deceased person and dispose of them as the district 
144.31 	court directs by written orderdirected under section 390.225. If a crime is suspected 
144.32 	in connection with the death of a deceased person is suspected, the coroner or medical 
144.33 	examiner may prevent any person, except law enforcement personnel, from entering the 
145.1 	premises, rooms, or buildings, and shall have the custody of objects that the coroner or 
145.2 	examiner deems material evidence in the case. The coroner or medical examiner shall 
145.3 	release any property or articles needed for any criminal investigation to law enforcement 
145.4 	officers conducting the investigation, except as noted in section 390.225, subdivision 2. A 
145.5 	willful knowing violation of this section is a gross misdemeanor.

145.6 	EFFECTIVE DATE. This section is effective July 1, 2006.

145.7 	Sec. 16. [390.225] PROPERTY.
145.8 		Subdivision 1.Procedure. The coroner or medical examiner may take possession of 
145.9 	all articles that may be useful in establishing the cause or manner of death, identification, 
145.10 	or next of kin of the deceased, and, if taken, mark them for identification, make an 
145.11 	inventory, and retain them securely until they are no longer needed for evidence or 
145.12 	investigation. Except as noted in subdivision 2, the coroner or medical examiner shall 
145.13 	release any property or articles needed for any criminal investigation to law enforcement 
145.14 	officers conducting the investigation.
145.15 		Subd. 2.Retention of property. When a reasonable basis exists for not releasing 
145.16 	property or articles to law enforcement officers, the coroner or medical examiner shall 
145.17 	consult with the county attorney.  If the county attorney determines that a reasonable basis 
145.18 	exists for not releasing the property or articles, the coroner or medical examiner may 
145.19 	retain them.  The coroner or medical examiner shall obtain written confirmation of this 
145.20 	opinion and keep a copy in the decedent's file.
145.21 		Subd. 3.Release of property. With the exception of firearms, when property or 
145.22 	articles are no longer needed for the investigation or as evidence, the coroner or medical 
145.23 	examiner shall release such property or articles to the person or persons entitled to them. 
145.24 	Personal property, including wearing apparel, may be released to the person entitled to 
145.25 	control the disposition of the body of the decedent or to the personal representative of the 
145.26 	decedent. Personal property not otherwise released pursuant to this subdivision must be 
145.27 	disposed of pursuant to section 525.393. 
145.28 		Subd. 4.Firearms. The coroner or medical examiner shall release all firearms, 
145.29 	when no longer needed, to the law enforcement agency handling the investigation. 
145.30 		Subd. 5.Property of unknown decedents. If the name of the decedent is not 
145.31 	known, the coroner or medical examiner shall release such property to the county for 
145.32 	disposal or sale.  If the unknown decedent's identity is established and if a representative 
145.33 	shall qualify within six years from the time of such sale, the county administrator, or a 
145.34 	designee, shall pay the amount of the proceeds of the sale to the representative on behalf 
146.1 	of the estate upon order of the court.  If no order is made within six years, the proceeds of 
146.2 	the sale shall become a part of the general revenue of the county.

146.3 	EFFECTIVE DATE. This section is effective July 1, 2006.

146.4 	Sec. 17. Minnesota Statutes 2004, section 390.23, is amended to read:
146.5 	390.23 DEATH RECORDS OF VIOLENT OR MYSTERIOUS DEATH.
146.6 	No person, other than the county coroner, or  medical examiner, judge exercising 
146.7 	probate jurisdiction, or Department of Corrections' independent, contracted, 
146.8 	board-certified forensic pathologist,or, for deaths occurring within a facility licensed by 
146.9 	the Department of Corrections, the forensic pathologist who reviewed the death, shall issue 
146.10 	a record file or amend the cause or manner of death information with the state registrar in 
146.11 	cases of likely or suspected accidental, suicidal, homicidal, violent, or mysterious deaths, 
146.12 	including suspected homicides, occurring in the county. The Department of Corrections' 
146.13 	independent, contracted, board-certified forensic pathologist must issue the certificate of 
146.14 	death in all Department of Corrections-incarcerated deaths. The forensic pathologist who 
146.15 	reviewed the death of an incarcerated person within a facility licensed by the Department 
146.16 	of Corrections may file or amend the cause or manner of death information with the state 
146.17 	registrar. If there is reasonable proof that a death has occurred, but no body has been 
146.18 	found, a judge may direct the state registrar to register the death with the fact of death 
146.19 	information provided by the court order according to section 144.221, subdivision 3.

146.20 	EFFECTIVE DATE. This section is effective July 1, 2006.

146.21 	Sec. 18. Minnesota Statutes 2004, section 390.25, is amended to read:
146.22 	390.25 FINGERPRINTING OF UNIDENTIFIED DECEASED PERSON
146.23 	PERSONS.
146.24 		Subdivision 1.Attempts to identify. Each coroner shall have fingerprinted all 
146.25 	deceased persons in the county whose identity is not immediately established. Within 
146.26 	24 hours after the body is found, the coroner shall forward to the Bureau of Criminal 
146.27 	Apprehension the fingerprints, fingerprint records, and other identification data. The 
146.28 	superintendent of the bureau shall prescribe the form of these reports. The duties are in 
146.29 	addition to those imposed on the coroner by section  525.393. The coroner or medical 
146.30 	examiner shall make reasonable attempts to identify the deceased person promptly.  These 
146.31 	actions may include obtaining: photographs of the body; fingerprints from the body, if 
146.32 	possible; formal dental examination by a dentist with forensic training, with charting and 
146.33 	radiographs; full body radiographs; specimens such as tissue, blood, bone, teeth, and/or 
147.1 	hair, suitable for DNA analysis or other identification techniques; blood type; photographs 
147.2 	of items such as clothing and property found on and with the body; and anthropological 
147.3 	determination of age, race, sex, and stature, if appropriate.  All of these actions shall be 
147.4 	taken prior to the disposition of any unidentified deceased person.
147.5 		Subd. 2.Report to BCA. After 60 days, the coroner or medical examiner 
147.6 	shall provide to the Bureau of Criminal Apprehension missing persons clearinghouse 
147.7 	information to be entered into federal and state databases that can aid in the identification, 
147.8 	including the National Crime Information Center database.  The coroner or medical 
147.9 	examiner shall provide to the Bureau of Criminal Apprehension specimens suitable for 
147.10 	DNA analysis.  DNA profiles and information shall be entered by the Bureau of Criminal 
147.11 	Apprehension into federal and state DNA databases within five business days after the 
147.12 	completion of the DNA analysis and procedures necessary for the entry of the DNA profile.
147.13 		Subd. 3.Other efforts to identify. Nothing in this section shall be interpreted 
147.14 	to preclude any medical examiner or coroner from pursuing other efforts to identify 
147.15 	unidentified deceased persons, including publicizing information, descriptions, or 
147.16 	photographs that may aid in the identification, allowing family members to identify 
147.17 	missing persons, and seeking to protect the dignity of the missing persons.
147.18 		Subd. 4.Preservation of data. The coroner or medical examiner may preserve 
147.19 	and retain photographs, specimens, documents, and other data such as dental records, 
147.20 	radiographs, fingerprints, or DNA, for establishing or confirming the identification of 
147.21 	bodies or for other forensic purposes deemed appropriate under the jurisdiction of the 
147.22 	office.  Upon request by an appropriate agency, or upon the coroner or medical examiner's 
147.23 	own initiative, the coroner or medical examiner may make the information available to aid 
147.24 	in the establishment of the identity of a deceased person.
147.25 		Subd. 5.Notice to state archaeologist. After the coroner or medical examiner 
147.26 	has completed the investigation, the coroner or medical examiner shall notify the state 
147.27 	archaeologist, according to section 307.08, of all unidentified human remains found 
147.28 	outside of platted, recorded, or identified cemeteries and in contexts which indicate 
147.29 	antiquity of greater than 50 years.

147.30 	EFFECTIVE DATE. This section is effective July 1, 2006.

147.31 	Sec. 19. [390.251] REQUEST FOR EXAMINATIONS.
147.32 	The coroner or medical examiner may, when requested, make physical examinations 
147.33 	and tests incident to any matter of a criminal nature under consideration by the district 
147.34 	court or county attorney, law enforcement agency, or publicly appointed criminal defense 
147.35 	counsel, and shall deliver a copy of a report of such tests and examinations to the person 
148.1 	making the request.  Such an examination does not establish a doctor-patient relationship. 
148.2 	The person making the request shall pay the cost of such examinations and tests.

148.3 	EFFECTIVE DATE. This section is effective July 1, 2006.

148.4 	Sec. 20. [390.252] CONTRACTS FOR SERVICES.
148.5 	A county board may contract to perform coroner or medical examiner services 
148.6 	with other units of government or their agencies under a schedule of fees approved by 
148.7 	that board.

148.8 	EFFECTIVE DATE. This section is effective July 1, 2006.

148.9 	Sec. 21.  REPEALER.
 148.10 	Minnesota Statutes 2004, sections 383A.36; 383B.225, subdivisions 1, 2, 3, 4, 6, 7, 
148.11 	8, 9, 10, 11, 12, and 13; 390.006; 390.06; 390.07; 390.16; 390.17; 390.19; 390.20; 390.24; 
148.12 	and 390.36, and Minnesota Statutes 2005 Supplement, section 383B.225, subdivision 
148.13 	5, are repealed.

148.14 	EFFECTIVE DATE. This section is effective July 1, 2006.