1.1 	A bill for an act
1.2 	relating to public safety; encouraging legal immigration; establishing a human 
1.3 	trafficking task force; increasing penalties for trafficking crimes; increasing 
1.4 	penalties for unlawful acts relating to drivers' licenses; creating the crime of 
1.5 	fraudulent identification cards; establishing a special crimes unit to implement 
1.6 	an illegal immigration enforcement strategy; requiring law enforcement to 
1.7 	collect citizenship and immigration status data; requiring the Bureau of Criminal 
1.8 	Apprehension to maintain citizenship and immigration data in the bureau's 
1.9 	criminal history database; requiring the Bureau of Criminal Apprehension 
1.10 	superintendent to periodically supply the special crimes unit with statistics 
1.11 	on crimes committed by individuals with illegal alien status; providing tax 
1.12 	credits for immigrants seeking citizenship; providing a fine against a Minnesota 
1.13 	employer found to have knowingly hired an illegal immigrant for employment; 
1.14 	providing criminal penalties for concealing the commission of crimes by use 
1.15 	of encryption, gaining unauthorized access through a computer to financial 
1.16 	personal data, and facilitating access to computer security systems for purposes 
1.17 	of aiding another to commit a crime; establishing an immigration task force 
1.18 	to examine immigration data, determine service needs and crimes committed 
1.19 	by illegal immigrants, and recommend law enforcement's role in enforcing 
1.20 	federal immigration laws, and to make a report; appropriating money; amending 
1.21 	Minnesota Statutes 2004, sections 299C.10, by adding a subdivision; 609.527, 
1.22 	by adding a subdivision; 609.652, subdivisions 1, 2, 3; 609.87, subdivisions 1, 
1.23 	11, by adding subdivisions; 609.891, subdivisions 1, 3; Minnesota Statutes 2005 
1.24 	Supplement, sections 299A.78, subdivisions 1, 2, 3; 299C.10, subdivision 1; 
1.25 	299C.11, subdivision 1; 609.282; 609.283; 609.527, subdivision 1; proposing 
1.26 	coding for new law in Minnesota Statutes, chapters 181; 290; 299A; 299C; 609.
1.27 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.28 	ARTICLE 1
1.29 	HUMAN TRAFFICKING TASK FORCE AND PENALTY ENHANCEMENTS

1.30 	Section 1. Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 1, 
1.31 	is amended to read:
2.1 		Subdivision 1.Definitions. For purposes of sections 299A.78 to 299A.785
2.2 	299A.786, the following definitions apply:
2.3 	(a) "Commissioner" means the commissioner of the Department of Public Safety.
2.4 	(b) "Nongovernmental organizations" means nonprofit, nongovernmental 
2.5 	organizations that provide legal, social, or other community services.
2.6 	(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
2.7 	(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
2.8 	(e) "Forced labor or services" has the meaning given in section 609.281, subdivision 
2.9 	4.
2.10 	(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
2.11 	(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision 
2.12 	6.
2.13 	(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
2.14 	(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
2.15 	(j) "Trafficking" includes "labor trafficking" and "sex trafficking."
2.16 	(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking 
2.17 	victim."

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

2.19 	Sec. 2. Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 2, is 
2.20 	amended to read:
2.21 		Subd. 2.General duties. The commissioner of public safety, in cooperation with 
2.22 	local authorities, shall:
2.23 	(1) collect, share, and compile trafficking data among government agencies to assess 
2.24 	the nature and extent of trafficking in Minnesota; and
2.25 	(2) analyze collected data to develop a statewide strategy on human trafficking.

2.26 	Sec. 3. Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 3, is 
2.27 	amended to read:
2.28 		Subd. 3.Outside services. As provided for in section 15.061, the commissioner of 
2.29 	public safety may contract with professional or technical services in connection with the 
2.30 	duties to be performed under section sections299A.785 and 299A.786. The commissioner 
2.31 	may also contract with other outside organizations to assist with the duties to be performed 
2.32 	under section sections299A.785 and 299A.786.

3.1 	Sec. 4. [299A.786] HUMAN TRAFFICKING TASK FORCE; CREATION; 
3.2 	DUTIES.
3.3 		Subdivision 1.Establishment. A human trafficking task force is established to 
3.4 	review the report required under section 299A.785 and develop a statewide strategy on 
3.5 	human trafficking.
3.6 		Subd. 2.Membership. The task force shall consist of the following individuals 
3.7 	or their designees:
3.8 	(1) a representative of the Minnesota County Attorneys Association;
3.9 	(2) a representative of the Bureau of Criminal Apprehension;
3.10 	(3) a representative of the Office of the United States Attorney for the district 
3.11 	of Minnesota;
3.12 	(4) a representative of the Minnesota Sheriffs' Association;
3.13 	(5) a representative of the Minnesota Chiefs of Police Association;
3.14 	(6) a representative of the Department of Public Safety's Office of Justice programs; 
3.15 	and
3.16 	(7) a representative from a nongovernmental organization that provides victim 
3.17 	services.
3.18 		Subd. 3.Duties. The task force shall develop an overall strategy to identify, track, 
3.19 	and prosecute individuals and organizations involved in human trafficking. The strategy 
3.20 	must include provisions for providing training to law enforcement, prosecutors, social 
3.21 	services, and other relevant officials in addressing trafficking.
3.22 		Subd. 4.Report. By February 1, 2007, the commissioner shall report to the chairs 
3.23 	of the senate and house of representatives committees and divisions having jurisdiction 
3.24 	over criminal justice policy and funding a summary of the task force's overall strategy.
3.25 		Subd. 5.Expires. Notwithstanding section 15.059, the task force expires 30 days 
3.26 	after submitting its report as referenced in subdivision 4.

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

3.28 	Sec. 5. Minnesota Statutes 2005 Supplement, section 609.282, is amended to read:
3.29 	609.282 LABOR TRAFFICKING.
3.30 		Subdivision 1.Individuals under age 18. Whoever knowingly engages in the 
3.31 	labor trafficking of an individual who is under the age of 18 is guilty of a crime and 
3.32 	may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 
3.33 	not more than $40,000, or both.
4.1 		Subd. 2.Other offenses. Whoever knowingly engages in the labor trafficking of 
4.2 	another is guilty of a crime and may be sentenced to imprisonment for not more than 15 
4.3 	years or to payment of a fine of not more than $30,000, or both. 
4.4 		Subd. 3.Consent or age of victim not a defense. In a prosecution under this 
4.5 	section the consent or age of the victim is not a defense.

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

4.8 	Sec. 6. Minnesota Statutes 2005 Supplement, section 609.283, is amended to read:
4.9 	609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN 
4.10 	FURTHERANCE OF LABOR OR SEX TRAFFICKING.
4.11 		Subdivision 1.Crime defined. Unless the person's conduct constitutes a violation 
4.12 	of section 609.282, a person who knowingly destroys, conceals, removes, confiscates, or 
4.13 	possesses any actual or purported passport or other immigration document, or any other 
4.14 	actual or purported government identification document, of another person:
4.15 	(1) in the course of a violation of section 609.282 or 609.322;
4.16 	(2) with intent to violate section 609.282 or 609.322; or
4.17 	(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, 
4.18 	a person's liberty to move or travel, in order to maintain the labor or services of that person, 
4.19 	when the person is or has been a victim of a violation of section 609.282 or 609.322;
4.20 	is guilty of a crime and may be sentenced to imprisonment for not more than five years or 
4.21 	to payment of a fine of not more than $10,000, or both as provided in subdivision 2. 
4.22 		Subd. 2.Penalties. A person who violates subdivision 1 may be sentenced as 
4.23 	follows:
4.24 	(1) if the crime involves a victim under the age of 18, to imprisonment for not more 
4.25 	than ten years or to payment of a fine of $20,000, or both; or
4.26 	(2) in other cases,  to imprisonment for not more than five years or to payment of 
4.27 	a fine of not more than $10,000, or both.
4.28 		Subd. 3.Consent or age of victim not a defense. In a prosecution under this 
4.29 	section the consent or age of the victim is not a defense.

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

5.1 	ARTICLE 2
5.2 	FRAUDULENT IDENTITY DOCUMENTS

5.3 	Section 1. Minnesota Statutes 2005 Supplement, section 609.527, subdivision 1, 
5.4 	is amended to read:
5.5 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
5.6 	meanings given them in this subdivision.
5.7 	(b) "Direct victim" means any person or entity described in section 611A.01, 
5.8 	paragraph (b), whose identity has been transferred, used, or possessed in violation of 
5.9 	this section.
5.10 	(c) "False pretense" means any false, fictitious, misleading, or fraudulent information 
5.11 	or pretense or pretext depicting or including or deceptively similar to the name, logo, Web 
5.12 	site address, e-mail address, postal address, telephone number, or any other identifying 
5.13 	information of a for-profit or not-for-profit business or organization or of a government 
5.14 	agency, to which the user has no legitimate claim of right.
5.15 	(d) "Identification document" means any document or card issued to an individual 
5.16 	by a government agency or by the authority of a government agency containing the name 
5.17 	of a person and a description of the person or the person's photograph, or both, including 
5.18 	any of the following: a passport, visa, birth certificate, military identification card, Social 
5.19 	Security card, driver's license, or an identification card.
5.20 	(e) "Identity" means any name, number, or data transmission that may be used, alone 
5.21 	or in conjunction with any other information, to identify a specific individual or entity, 
5.22 	including any of the following:
5.23 	(1) a name, Social Security number, date of birth, official government-issued 
5.24 	driver's license or identification number, government passport number, or employer or 
5.25 	taxpayer identification number;
5.26 	(2) unique electronic identification number, address, account number, or routing 
5.27 	code; or
5.28 	(3) telecommunication identification information or access device.
5.29 	(e)(f) "Indirect victim" means any person or entity described in section 611A.01, 
5.30 	paragraph (b), other than a direct victim.
5.31 	(f)(g) "Loss" means value obtained, as defined in section 609.52, subdivision 1, 
5.32 	clause (3), and expenses incurred by a direct or indirect victim as a result of a violation 
5.33 	of this section.
5.34 	(g)(h) "Unlawful activity" means:
6.1 	(1) any felony violation of the laws of this state or any felony violation of a similar 
6.2 	law of another state or the United States; and
6.3 	(2) any nonfelony violation of the laws of this state involving theft, theft by swindle, 
6.4 	forgery, fraud, or giving false information to a public official, or any nonfelony violation 
6.5 	of a similar law of another state or the United States.

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

6.8 	Sec. 2. Minnesota Statutes 2004, section 609.527, is amended by adding a subdivision 
6.9 	to read:
6.10 		Subd. 5b.Fraudulent identification cards; crime. (a) A person who (1) knowingly 
6.11 	possesses, displays, or uses any false, fictitious, fraudulent, or altered identification 
6.12 	document, or (2) displays or represents as one's own an identification document not issued 
6.13 	to that person, is guilty of a  misdemeanor.
6.14 	(b) A person convicted of a second or subsequent violation of paragraph (a) is 
6.15 	guilty of a gross misdemeanor.

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

6.18 	Sec. 3. Minnesota Statutes 2004, section 609.652, subdivision 1, is amended to read:
6.19 		Subdivision 1.Definitions. For purposes of this section:
6.20 	(1) "driver's license or identification card" means a driver's license or identification 
6.21 	card issued by the Driver and Vehicle Services Division of the Department of Public 
6.22 	Safety or receipts issued by its authorized agents or those of any state as defined in section 
6.23 	171.01 that issues licenses recognized in this state for the operation of a motor vehicle 
6.24 	or that issues identification cards recognized in this state for the purpose of indicating a 
6.25 	person's legal name and age; "identification document" has the meaning given it in section 
6.26 	609.527, subdivision 1, paragraph (d); 
6.27 	(2) "fraudulent driver's license or identification card" means a document purporting 
6.28 	to be a driver's license or identification card, but that is not authentic; and "fraudulent 
6.29 	identification document" means a document purporting to be an identification document, 
6.30 	but that is not authentic; and 
6.31 	(3) "sell" means to sell, barter, deliver, exchange, distribute, or dispose of to another.

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

7.1 	Sec. 4. Minnesota Statutes 2004, section 609.652, subdivision 2, is amended to read:
7.2 		Subd. 2.Criminal acts. (a) A person who does any of the following for 
7.3 	consideration and with intent to manufacture, sell, issue, publish, or pass more than one 
7.4 	fraudulent driver's license or identification card document or to cause or permit any of the 
7.5 	items listed in clauses (1) to (5) to be used in forging or making more than one false or 
7.6 	counterfeit driver's license or identification card document is guilty of a crime:
7.7 	(1) has in control, custody, or possession any plate, block, press, stone, digital image, 
7.8 	computer software program, encoding equipment, computer optical scanning equipment, 
7.9 	or digital photo printer, or other implement, or any part of such an item, designed to assist 
7.10 	in making a fraudulent driver's license or identification card document;
7.11 	(2) engraves, makes, or amends, or begins to engrave, make, or amend, any plate, 
7.12 	block, press, stone, or other implement for the purpose of producing a fraudulent driver's 
7.13 	license or identification card document;
7.14 	(3) uses a photocopier, digital camera, photographic image, or computer software to 
7.15 	generate a fraudulent driver's license or identification card document;
7.16 	(4) has in control, custody, or possession or makes or provides paper or other 
7.17 	material adapted and designed for the making of a fraudulent driver's license or
7.18 	identification card document; or
7.19 	(5) prints, photographs, or in any manner makes or executes an engraved photograph, 
7.20 	print, or impression purporting to be a driver's license or identification card document.
7.21 	(b) Notwithstanding section  171.22, a person who manufacturers or possesses 
7.22 	more than one fraudulent driver's license or identification card document  with intent to 
7.23 	sell is guilty of a crime. 

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

7.26 	Sec. 5. Minnesota Statutes 2004, section 609.652, subdivision 3, is amended to read:
7.27 		Subd. 3.Penalties. (a) A person who commits any act described in subdivision 2 
7.28 	is guilty of a gross misdemeanor felony and may be sentenced to imprisonment for not 
7.29 	more than two years or to payment of a fine of not more than $10,000, or both. A person 
7.30 	convicted of a second or subsequent offense of this subdivision may be sentenced to 
7.31 	imprisonment for not more than five years or to payment of a fine of not more than 
7.32 	$10,000 $20,000, or both.
7.33 	(b) If the crime committed in subdivision 2 involves more than three identities, the 
7.34 	statutory maximum for the crime is five years longer than the statutory maximum for the 
7.35 	underlying crime.

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

8.3 	ARTICLE 3
8.4 	CITIZENSHIP TAX CREDIT

8.5 	Section 1. [290.0677] CITIZENSHIP CREDIT.
8.6 		Subdivision 1.Credit. A taxpayer who is not a dependent as defined in sections 151 
8.7 	and 152 of the Internal Revenue Code is allowed a credit against the tax imposed by this 
8.8 	chapter in the amount of qualified citizenship expenses incurred for a qualified individual.
8.9 		Subd. 2.Limitations on credit. The maximum credit allowed a taxpayer and the 
8.10 	taxpayer's spouse under this section is $300 per year. The credit is not allowed if the sum 
8.11 	of a taxpayer's income and taxpayer's spouse's income, as defined in section 290.067, 
8.12 	subdivision 2a, exceeds $30,000. For a taxpayer who is not a Minnesota resident for the 
8.13 	entire year, the maximum credit must be allocated using the percentage calculated in 
8.14 	section 290.06, subdivision 2c, paragraph (e).
8.15 		Subd. 3.Qualified individual. A "qualified individual" is the taxpayer, the 
8.16 	taxpayer's spouse, or an individual who qualifies as a dependent of the taxpayer under 
8.17 	sections 151 and 152 of the Internal Revenue Code. These individuals are only qualified 
8.18 	individuals from the time the individual submits an I-485 application to register permanent 
8.19 	residence or at the time the individual enters the United States on an immigrant visa, to the 
8.20 	time the individual becomes a naturalized United States citizen.
8.21 		Subd. 4.Qualified citizenship expenses. Qualified citizenship expenses are limited 
8.22 	to:
8.23 	(1) filing fees, including both application and biometric fingerprint fees, paid to 
8.24 	the United States Citizenship and Immigration Services in connection with an N-400 
8.25 	naturalization application for a qualified individual; and 
8.26 	(2) amounts paid for enrollment of a qualified individual over the age of 18 at the 
8.27 	beginning of the year in an English language class offered by a school district in Minnesota 
8.28 	or a school that has been approved as a licensed school by the state of Minnesota.
8.29 		Subd. 5.Credit to be refundable. If the amount of credit that the taxpayer is 
8.30 	eligible to receive under this section exceeds the taxpayer's tax liability under this chapter, 
8.31 	the commissioner of revenue shall refund the excess to the taxpayer.
8.32 		Subd. 6.Appropriation. An amount sufficient to pay the refunds required by this 
8.33 	section is appropriated to the commissioner of revenue from the general fund.

9.1 	EFFECTIVE DATE. This section is effective for tax years beginning after 
9.2 	December 31, 2005.

9.3 	ARTICLE 4
9.4 	LAW ENFORCEMENT

9.5 	Section 1. [299A.69] ILLEGAL IMMIGRATION ENFORCEMENT.
9.6 		Subdivision 1.Memorandums of understanding. The commissioner of public 
9.7 	safety may enter into memorandums of understanding or otherwise coordinate with the 
9.8 	United States Department of Justice and the United States Department of Homeland 
9.9 	Security to have state law enforcement officers enforce federal immigration laws in the 
9.10 	state. State law enforcement officers designated to enforce federal immigration laws must 
9.11 	participate in the preassignment training established under subdivision 2.
9.12 		Subd. 2.Immigration enforcement training. The commissioner of public safety, 
9.13 	in consultation with representatives of the United States Department of Justice and the 
9.14 	United States Department of Homeland Security, shall develop a course to train state 
9.15 	law enforcement officers who are assigned to the special crimes unit to enforce federal 
9.16 	immigration laws. The course must comply with applicable federal training guidelines 
9.17 	and cover immigration law, immigrant questioning, immigrant detention and arrest, civil 
9.18 	rights, public complaint procedures, antiracial profiling procedures, and other topics 
9.19 	necessary to prepare state law enforcement officers to enforce federal immigration laws.
9.20 		Subd. 3.Special crimes unit.  The special crimes unit is established. The 
9.21 	commissioner of public safety shall convene and direct the unit. The unit shall be 
9.22 	comprised of at least ten law enforcement officers who have completed the course the 
9.23 	commissioner develops under subdivision 2. The commissioner shall develop, and use 
9.24 	the unit to implement, an illegal immigration enforcement strategy for state and local law 
9.25 	enforcement agencies. The unit shall focus its time and resources on identifying and 
9.26 	apprehending illegal immigrants who are involved in felony level criminal activity. Upon 
9.27 	request from a law enforcement agency, the unit may assist the agency in investigating 
9.28 	and apprehending illegal immigrants involved in felony level criminal activity.

9.29 	Sec. 2. Minnesota Statutes 2005 Supplement, section 299C.10, subdivision 1, is 
9.30 	amended to read:
9.31 		Subdivision 1.Required fingerprinting. (a) Sheriffs, peace officers, and 
9.32 	community corrections agencies operating secure juvenile detention facilities shall take 
9.33 	or cause to be taken immediately finger and thumb prints, photographs, distinctive 
9.34 	physical mark identification data, information on any known aliases or street names, 
10.1 	citizenship and immigration status, and other identification data requested or required by 
10.2 	the superintendent of the bureau, of the following:
10.3 	(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, 
10.4 	gross misdemeanor, or targeted misdemeanor;
10.5 	(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent 
10.6 	for, or alleged to have committed felonies or gross misdemeanors as distinguished from 
10.7 	those committed by adult offenders;
10.8 	(3) persons reasonably believed by the arresting officer to be fugitives from justice;
10.9 	(4) persons in whose possession, when arrested, are found concealed firearms or 
10.10 	other dangerous weapons, burglar tools or outfits, high-power explosives, or articles, 
10.11 	machines, or appliances usable for an unlawful purpose and reasonably believed by the 
10.12 	arresting officer to be intended for such purposes;
10.13 	(5) juveniles referred by a law enforcement agency to a diversion program for a 
10.14 	felony or gross misdemeanor offense; and
10.15 	(6) persons currently involved in the criminal justice process, on probation, on 
10.16 	parole, or in custody for the offenses in suspense whom the superintendent of the bureau 
10.17 	identifies as being the subject of a court disposition record which cannot be linked to an 
10.18 	arrest record, and whose fingerprints are necessary in order to maintain and ensure the 
10.19 	accuracy of the bureau's criminal history files, to reduce the number of suspense files, or 
10.20 	to comply with the mandates of section 299C.111, relating to the reduction of the number 
10.21 	of suspense files. This duty to obtain fingerprints for the offenses in suspense at the 
10.22 	request of the bureau shall include the requirement that fingerprints be taken in post-arrest 
10.23 	interviews, while making court appearances, while in custody, or while on any form of 
10.24 	probation, diversion, or supervised release.
10.25 	(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours 
10.26 	the fingerprint records and other identification data specified under paragraph (a) must 
10.27 	be forwarded to the bureau on such forms and in such manner as may be prescribed by 
10.28 	the superintendent.
10.29 	(c) Prosecutors, courts, and probation officers and their agents, employees, and 
10.30 	subordinates shall attempt to ensure that the required identification data is taken on a 
10.31 	person described in paragraph (a). Law enforcement may take fingerprints of an individual 
10.32 	who is presently on probation.
10.33 	(d) For purposes of this section, a targeted misdemeanor is a misdemeanor violation 
10.34 	of section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 
10.35 	609.224 (fifth degree assault), 609.2242 (domestic assault), 609.746 (interference with 
11.1 	privacy), 609.748 (harassment or restraining order violation), or 617.23 (indecent 
11.2 	exposure).

11.3 	Sec. 3. Minnesota Statutes 2004, section 299C.10, is amended by adding a subdivision 
11.4 	to read:
11.5 		Subd. 1b.Citizenship data maintenance requirements. The law enforcement 
11.6 	officer who collects arrestee information under subdivision 1 shall request from each 
11.7 	arrestee primary identification documents to establish the person's citizenship and 
11.8 	immigration status. The officer may rely upon a valid Minnesota driver's license or 
11.9 	identification card as proof of citizenship and immigration status. If an arrestee's driver's 
11.10 	license or identification card is labeled status check or if the officer is unable to verify an 
11.11 	arrestee's citizenship or immigration status, the officer must contact federal immigration 
11.12 	authorities and request an immigration status check. When transferring identification data 
11.13 	to the bureau under section 299C.11, the sheriff or chief of police shall identify each 
11.14 	arrestee's citizenship and immigration status. If the person is not a United States citizen, 
11.15 	arrestee immigration status must be coded as one of the following:
11.16 	(1) legal immigrant;
11.17 	(2) legal visa-holder;
11.18 	(3) status uncertain; or
11.19 	(4) illegal alien.

11.20 	Sec. 4. Minnesota Statutes 2005 Supplement, section 299C.11, subdivision 1, is 
11.21 	amended to read:
11.22 		Subdivision 1.Identification data other than DNA. (a) Each sheriff and chief of 
11.23 	police shall furnish the bureau, upon such form as the superintendent shall prescribe, with 
11.24 	such finger and thumb prints, photographs, distinctive physical mark identification data, 
11.25 	information on known aliases and street names, citizenship and immigration status data, 
11.26 	and other identification data as may be requested or required by the superintendent of the 
11.27 	bureau, which must be taken under the provisions of section 299C.10. In addition, sheriffs 
11.28 	and chiefs of police shall furnish this identification data to the bureau for individuals found 
11.29 	to have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within 
11.30 	the ten years immediately preceding their arrest. When the bureau learns that an individual 
11.31 	who is the subject of a background check has used, or is using, identifying information, 
11.32 	including, but not limited to, name and date of birth, other than those listed on the criminal 
11.33 	history, the bureau may add the new identifying information to the criminal history when 
11.34 	supported by fingerprints.
12.1 	(b) No petition under chapter 609A is required if the person has not been convicted 
12.2 	of any felony or gross misdemeanor, either within or without the state, within the period 
12.3 	of ten years immediately preceding the determination of all pending criminal actions or 
12.4 	proceedings in favor of the arrested person, and either of the following occurred:
12.5 	(1) all charges were dismissed prior to a determination of probable cause; or
12.6 	(2) the prosecuting authority declined to file any charges and a grand jury did not 
12.7 	return an indictment.
12.8 	Where these conditions are met, the bureau or agency shall, upon demand, return to 
12.9 	the arrested person finger and thumb prints, photographs, distinctive physical mark 
12.10 	identification data, information on known aliases and street names, and other identification 
12.11 	data, and all copies and duplicates of them.
12.12 	(c) Except as otherwise provided in paragraph (b), upon the determination of all 
12.13 	pending criminal actions or proceedings in favor of the arrested person, and the granting 
12.14 	of the petition of the arrested person under chapter 609A, the bureau shall seal finger and 
12.15 	thumb prints, photographs, distinctive physical mark identification data, information on 
12.16 	known aliases and street names, and other identification data, and all copies and duplicates 
12.17 	of them if the arrested person has not been convicted of any felony or gross misdemeanor, 
12.18 	either within or without the state, within the period of ten years immediately preceding 
12.19 	such determination.

12.20 	Sec. 5. [299C.146] CITIZENSHIP AND IMMIGRATION DATA.
12.21 	(a) The superintendent of the Bureau of Criminal Apprehension shall maintain both 
12.22 	citizenship and immigration status data  in the bureau's criminal history database. Each 
12.23 	offender file entered or updated on or after July 1, 2007, must have the citizenship data 
12.24 	completed and, if the person is not a United States citizen, the immigration status data 
12.25 	completed with one of the following designations: legal immigrant, legal visa-holder, 
12.26 	status uncertain, or illegal alien.
12.27 	(b) To the degree feasible, the superintendent shall maintain, update, and correct 
12.28 	citizenship and immigration information required under section 299C.10, subdivision 
12.29 	1b, and facilitate appropriate criminal justice access to this data. The special crimes 
12.30 	unit established in section 299A.69 shall assist the superintendent in development and 
12.31 	maintenance of the citizenship and immigration status data.
12.32 	(c) The superintendent shall periodically supply the special crimes unit with data 
12.33 	statistics concerning the number of crimes committed by individuals with uncertain or 
12.34 	illegal alien status as reported to the bureau under section 299C.11, subdivision 1. The 
13.1 	special crimes unit may use the "status uncertain" designation as a potential indicator of 
13.2 	illegal immigration status during investigations.
13.3 	(d) The Bureau of Criminal Apprehension is immune from any civil or criminal 
13.4 	liability that might otherwise arise under this section, based on the accuracy or 
13.5 	completeness of any records it receives from law enforcement agencies, if the bureau 
13.6 	acts in good faith.
13.7 	(e) Data collected under this subdivision is regulated by section 13.87.

13.8 	ARTICLE 5
13.9 	COMPUTER CRIMES

13.10 	Section 1. Minnesota Statutes 2004, section 609.87, subdivision 1, is amended to read:
13.11 		Subdivision 1.Applicability. For purposes of sections  609.87 to  609.89, 609.891
13.12 	and section 609.891  609.8912 to 609.8913, the terms defined in this section have the 
13.13 	meanings given them. 

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

13.16 	Sec. 2. Minnesota Statutes 2004, section 609.87, subdivision 11, is amended to read:
13.17 		Subd. 11.Computer security system. "Computer security system" means a 
13.18 	software program or computer device that:
13.19 	(1) is intended to protect the confidentiality and secrecy of data and information 
13.20 	stored in or accessible through the computer system; and
13.21 	(2) displays a conspicuous warning to a user that the user is entering a secure system 
13.22 	or requires a person seeking access to knowingly respond by use of an authorized code to 
13.23 	the program or device in order to gain access.

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

13.26 	Sec. 3. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
13.27 	to read:
13.28 		Subd. 13.Encryption. "Encryption" means any protective or disruptive measure, 
13.29 	including but not limited to, cryptography, enciphering, or encoding that:
13.30 	(1) causes or makes any data, information, image, program, signal, or sound 
13.31 	unintelligible or unusable; or
14.1 	(2) prevents, impedes, delays, or disrupts access to any data, information, image, 
14.2 	program, signal, or sound.

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

14.5 	Sec. 4. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
14.6 	to read:
14.7 		Subd. 14.Personal data. "Personal data" means any computer property or 
14.8 	computer program which contains records of the employment, salary, credit, or other 
14.9 	financial or personal information relating to another person.

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

14.12 	Sec. 5. Minnesota Statutes 2004, section 609.891, subdivision 1, is amended to read:
14.13 		Subdivision 1.Crime. A person is guilty of unauthorized computer access if the 
14.14 	person intentionally and without authorityauthorization attempts to or does penetrate a 
14.15 	computer security system.

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. 6. Minnesota Statutes 2004, section 609.891, subdivision 3, is amended to read:
14.19 		Subd. 3.Gross misdemeanor. (a) A person who violates subdivision 1 in a manner 
14.20 	that creates a risk to public health and safety is guilty of a gross misdemeanor and may 
14.21 	be sentenced to imprisonment for a term of not more than one year or to payment of 
14.22 	a fine of not more than $3,000, or both.
14.23 	(b) A person who violates subdivision 1 in a manner that compromises the security 
14.24 	of data that are protected under section  609.52, subdivision 2, clause (8), or are not public 
14.25 	data as defined in section  13.02, subdivision 8a, is guilty of a gross misdemeanor and may 
14.26 	be sentenced under paragraph (a). 
14.27 	(c) A person who violates subdivision 1 and gains access to personal data is guilty of 
14.28 	a gross misdemeanor and may be sentenced under paragraph (a).
14.29 	(d) A person who is convicted of a second or subsequent misdemeanor violation of 
14.30 	subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced 
14.31 	under paragraph (a).

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

15.3 	Sec. 7. [609.8912] CRIMINAL USE OF ENCRYPTION.
15.4 		Subdivision 1.Crime. Whoever intentionally uses or attempts to use encryption to 
15.5 	do any of the following is guilty of criminal use of encryption and may be sentenced as 
15.6 	provided in subdivision 2:
15.7 	(1) to commit, further, or facilitate conduct constituting a crime;
15.8 	(2) to conceal the commission of any crime;
15.9 	(3) to conceal or protect the identity of a person who has committed any crime; or
15.10 	(4) to prevent, impede, delay, or disrupt the normal operation or use of another's 
15.11 	computer, computer program, or computer system.
15.12 		Subd. 2.Penalties. (a) A person who violates subdivision 1 may be sentenced 
15.13 	to imprisonment for not more than five years or to payment of a fine of not more than 
15.14 	$10,000, or both, if:
15.15 	(1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony; or
15.16 	(2) the person has two or more prior convictions for an offense under this section, 
15.17 	section 609.88, 609.89, 609.891, or 609.8913, or similar laws of other states, the United 
15.18 	States, the District of Columbia, tribal lands, and United States territories.
15.19 	(b) A person who violates subdivision 1, under circumstances not described in 
15.20 	paragraph (a), is guilty of a gross misdemeanor and may be sentenced to imprisonment for 
15.21 	not more than one year or to payment of a fine of not more than $3,000, or both.

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

15.24 	Sec. 8. [609.8913] FACILITATING ACCESS TO A COMPUTER SECURITY 
15.25 	SYSTEM.
15.26 	A person is guilty of a gross misdemeanor if the person knows or has reason to 
15.27 	know that by facilitating access to a computer security system the person is aiding 
15.28 	another who intends to commit a crime and in fact commits a crime. For purposes of this 
15.29 	section, "facilitating access" includes the intentional disclosure of a computer password, 
15.30 	identifying code, personal information number, or other confidential information about a 
15.31 	computer security system which provides a person with the means or opportunity for the 
15.32 	commission of a crime.

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

16.3 	ARTICLE 6
16.4 	EMPLOYMENT VIOLATIONS

16.5 	Section 1. [181.981] EMPLOYER VIOLATION OF FEDERAL IMMIGRATION 
16.6 	LAW.
16.7 		Subdivision 1.Sanctions against a licensed entity. A state agency that licenses 
16.8 	a Minnesota employer may impose a fine or penalty  authorized under the licensing 
16.9 	law if the employer has been found to have knowingly hired an illegal immigrant for 
16.10 	employment in Minnesota. In taking action against the employer under this section, the 
16.11 	agency shall use the existing laws and procedures that govern the agency's authority to 
16.12 	take action against the employer. The commissioner of the Department of Labor and 
16.13 	Industry shall coordinate the enforcement of this section by state agencies. The penalty 
16.14 	under this section is as follows:
16.15 	(1) for a first occurrence, $250 to $2,000; 
16.16 	(2) for a second occurrence, $2,000 to $3,000; and 
16.17 	(3) for a third or subsequent occurrence, $3,000 to $5,000.
16.18 		Subd. 2.Violations established. This section applies to cases in which an 
16.19 	employer has been found to have knowingly hired an illegal immigrant for employment 
16.20 	in Minnesota pursuant to:
16.21 	(1) a final order or fine issued by the United States Immigration and Customs 
16.22 	Enforcement Office;
16.23 	(2) a final order following a hearing conducted by the Office of the Chief 
16.24 	Administrative Hearing Officer, Executive Office for Immigration Review, United States 
16.25 	Department of Justice; or
16.26 	(3) a criminal conviction or settlement.
16.27 		Subd. 3.Definitions. For purposes of this section, the following definitions apply.
16.28 	(a) "Employer" means any person having one or more employees in Minnesota.
16.29 	(b) "License" includes a certification, registration, permit, or other authorization 
16.30 	required for a business or employer to operate in Minnesota.
16.31 	(c) "Person" includes any individual, limited liability company, corporation, 
16.32 	partnership, incorporated or unincorporated association, sole proprietorship, joint stock 
16.33 	company, or any other legal or commercial entity.
17.1 	(d) "State agency" means the state, and any office, officer, department, division, 
17.2 	bureau, board, commissioner, authority, district, or agency of the state, including the 
17.3 	University of Minnesota and the Minnesota State Colleges and Universities system.
17.4 		Subd. 4.Exception. The commissioner may not fine an employer who is actively 
17.5 	cooperating with and using the United States Immigration and Customs Enforcement 
17.6 	Agency to screen workers.

17.7 	ARTICLE 7
17.8 	IMMIGRATION TASK FORCE

17.9 	Section 1. IMMIGRATION TASK FORCE.
 17.10 		Subdivision 1.Establishment. The commissioner of administration shall establish 
17.11 	and convene a task force to study immigration issues. 
17.12 		Subd. 2.Membership. The task force shall consist of the following:
17.13 	(1) two members from the house of representatives, who are not in the same political 
17.14 	party, appointed by the speaker of the house in consultation with the minority leader;
17.15 	(2) two members of the senate, who are not in the same political party, appointed by 
17.16 	the majority leader in consultation with the minority leader;
17.17 	(3) the commissioner of public safety or the commissioner's designee;
17.18 	(4) a representative from the Minnesota Supreme Court;
17.19 	(5) the commissioner of the Department of Employment and Economic Development 
17.20 	or the commissioner's designee;
17.21 	(6) the commissioner of health or the commissioner's designee;
17.22 	(7) the commissioner of human services or the commissioner's designee;
17.23 	(8) the commissioner of labor and economic development or the commissioner's 
17.24 	designee;
17.25 	(9) the commissioner of human rights or the commissioner's designee;
17.26 	(10) the commissioner of corrections or the commissioner's designee;
17.27 	(11) the commissioner of education or the commissioner's designee;
17.28 	(12) the commissioner of finance or the commissioner's designee;
17.29 	(13) the commissioner of agriculture or the commissioner's designee;
17.30 	(14) a representative from the Attorney General's Office;
17.31 	(15) two members appointed by the League of Minnesota Cities, one of whom must 
17.32 	live outside of the seven-county metropolitan area;
17.33 	(16) a representative of the Minnesota Police and Peace Officer's Association;
17.34 	(17) a representative of the Police Chiefs Association;
17.35 	(18) a representative of the Sheriffs Association;
18.1 	(19) a county attorney selected by the County Attorney's Association;
18.2 	(20) a representative of the United States Attorney's Office;
18.3 	(21) a representative of the United States Department of Homeland Security;
18.4 	(22) a representative of Minnesota Advocates for Human Rights;
18.5 	(23) a representative of the Immigrant Law Center of Minnesota;
18.6 	(24) three representatives of immigrant communities appointed by the commissioner; 
18.7 	and
18.8 	(25) any other persons deemed necessary by the commissioner of administration. 
18.9 		Subd. 3.Recommendations.  The task force shall convene no later than September 
18.10 	1, 2006.  The task force shall examine and make recommendations on the following issues: 	
18.11 	(1) determine, to the extent data is available, the immigrant population and the 
18.12 	distribution of immigrants by region of the state; 
18.13 		(2) determine, to the extent data is available, the size and growth of the immigrant 
18.14 	workforce in the state, identify the industries that rely on immigrant workers, assess the 
18.15 	impact that immigrant workers have on industries that rely upon them, and otherwise 
18.16 	assess the impact of immigration on the state's economy;
18.17 	(3) determine the services that immigrants need, the cost to provide those services, 
18.18 	and the public and private sector agencies or organizations that provide the needed 
18.19 	services;
18.20 	(4) identify programs and initiatives intended to ease the integration of lawful 
18.21 	immigrants into the community, focusing on the following areas: housing, education, 
18.22 	health care, identification, and citizenship;
18.23 	(5) determine the amount of crime that is committed by illegal immigrants and the 
18.24 	cost of the crimes to the state and local units of government;
18.25 	(6) recommend the role that the state of Minnesota and state law enforcement 
18.26 	officers should play in enforcing federal immigration laws;
18.27 	(7) identify and describe the pending federal immigration reform proposals and 
18.28 	make recommendations on which proposals, or parts of the proposals, are most favorable 
18.29 	to the state; and
18.30 	(8) identify what the state can do to encourage lawful immigrants to settle in the state.
18.31 		Subd. 4.Report. The task force shall submit a report and recommendations to 
18.32 	speaker of the house, the house minority leader, the senate majority leader, the senate 
18.33 	minority leader, and the governor by February 1, 2007.

19.1 	ARTICLE 8
19.2 	APPROPRIATIONS

19.3 	Section 1. DEPARTMENT OF PUBLIC SAFETY.
 19.4 	$....... is appropriated from the general fund to the commissioner of public safety to 
19.5 	implement the provisions of articles 1 to 3 and 6 for the biennium ending June 30, 2007.

19.6 	Sec. 2. DEPARTMENT OF HEALTH.
 19.7 	$....... is appropriated from the health care access fund to the commissioner of health 
19.8 	for improving health care for immigrant families. $....... of the appropriation shall be used 
19.9 	for perinatal hepatitis B treatment and prevention and $....... for tuberculosis treatment and 
19.10 	case management for immigrants in Minnesota.