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Office of the Revisor of Statutes

SF 2738 Senate Long Description

1E Relating to public safety

ARTICLE 1 - GENERAL CRIMINAL AND SENTENCING PROVISIONS

Modifying certain provisions providing for the sentencing of career offenders; modifying certain restrictions on ownership and possession of regulated animals; requiring preparation of address or location change notice forms by the Minnesota animal control association and approval by the board of animal health; prescribing criminal penalties for certain violations; modifying the distribution of Hennepin county fines; creating enhanced penalties for the crime of violating a domestic abuse no contact order, assault in the fifth degree, domestic assault, violating a harassment restraining order and harassment and stalking; adding the crime of violating a domestic abuse no contact order to the list of qualified domestic violence related offenses; providing for enforcement of domestic abuse foreign protective orders; adding the crime of violating a domestic abuse no contact order to the list of qualified domestic violence related offenses; expanding the penalty for misdemeanor level crimes relating to manufacture or delivery of drug paraphernalia, advertisement of drug paraphernalia, loitering with intent to participate in prostitution, motor vehicle tampering, damage to property, dangerous weapons and trespass; increasing penalties for certain assaults on animal control officers; enhancing penalties for labor trafficking crimes and unlawful conduct with respect to documents in furtherance of labor or sex trafficking involving minors; providing a mandatory sentence for certain engrained offenders under certain conditions; providing for venue for the crime of aiding an offender; modifying penalties for theft, issuance of dishonored checks and damage to property; creating the crime of unlawful conduct relating to telephone records; defining certain terms; specifying certain exceptions; penalty; expanding prosecutor notification requirements to include notifying a victim of a criminal sexual conduct offense upon decision of not to prosecute or the dismissal of charges; defining criminal sexual conduct; imposing conditional release terms on child pornography offenders released from prison; creating a collateral consequences committee to study collateral consequences of adult conviction and juvenile adjudications, requiring a report to the legislature by a certain date; adopting certain modifications recommended by the sentencing guidelines commission

ARTICLE 2 - CONTROLLED SUBSTANCES, DWI AND TRAFFIC SAFETY PROVISIONS

Modifying the drug paraphernalia crime to change the mental state requirement and to specifically address sales of drug paraphernalia; imposing criminal penalties for sales to minors; prohibiting the possession of certain items associated with controlled substance use, defining certain terms, imposing criminal penalties; requiring participation in diversionary programs for certain persons convicted of certain controlled substance offenses; creating a felony penalty for DWI (driving while impaired) following a prior conviction for criminal vehicular homicide involving impaired driving; authorizing the court to order an assessment based on the belief of the existence of a chemical dependency problem; prohibiting the commissioner from suspending drivers license of an individual for failure to appear in court or failure to pay a fine

ARTICLE 3 - PUBLIC SAFETY POLICY

Authorizing the office of the governor to request background checks on candidates for positions within the governors residence or appointment by the governor; classifying facility security plans data; modifying certain definitions and defining certain terms relating to facilities controlling hazardous substances; specifying the duty of owners or operators of vessels or facilities transporting storing or handling hazardous substances to take reasonable security measurers to prevent unauthorized access of persons to the facilities or the control mechanisms of facilities, specifying certain security measures and plans; specifying timing requirements; providing for review of security plans; classifying data; defining a peace officer as an emergency medical services person under certain conditions; modifying certain public safety peer counseling and debriefing procedures; clarifying registration requirements for predatory offenders; providing for continued registration for predatory offenders required to be registered in any other state; requiring the department of public safety to provide information and publication or training publications available to local law enforcement agencies and officers relating to the best practices for handling death scene investigations; modifying certain duties of the bureau of criminal apprehension (BCA) for DNA data and disposal requirements; requiring the arrestee to request destruction of a biological specimen for DNA analysis upon acquittal of a felony; establishing the forensic laboratory advisory board, specifying membership and duties; authorizing access to data in the comprehensive incident based reporting system (CIBRS) by the department of corrections fugitive apprehension unit; allowing the BCA to employ a subscription service to enhance officer safety during tactical operations; clarifying responsibility for receiving missing persons reports; giving local law enforcement in the area where a person has been missing jurisdiction over taking missing persons report; modifying membership of the criminal and juvenile justice information policy group; modifying certain appeal provisions relating to the uniform fire code; requiring the installation of certain approved and operational carbon monoxide alarms in single and multifamily dwellings, specifying certain duties of multifamily dwelling owners and occupants; prohibiting battery removal; providing for enforcement; providing for appeal of the state fire marshal decision to suspend, revoke or refuse fireworks operator permit; requiring the superintendent of the BCA in consultation with the sheriffs association and the chiefs of police association to develop a model policy to address law enforcement efforts and duties regarding missing adults and to provide training to local law enforcement agencies, requiring a report to the legislature by a certain date; requiring the post officer standards and training board (POST) to conduct a training audit of practitioners, training topics to include immigrant community and racial profiling

ARTICLE 4 - CORRECTIONS

Authorizing the commissioner of corrections to order inmates to be screened for certain health conditions; requiring the commissioner of corrections to report certain information relating to prison based mental health programs to the legislature; requiring the commissioner of corrections to report separate recidivism rates for adult and juvenile facilities with chemically dependent offenders committing new offenses relative to completion of treatment programs; authorizing the commissioner to enter into contracts with counties or county groups to house inmates in newly constructed county or regional jail facilities providing access to chemical dependency treatment programs; requiring the commissioner to provide substance abuse information to supervising corrections agency for offenders released from prison; requiring periodic independent reviews of prison based substance abuse assessment activities; requiring the commissioner to cooperate with community based corrections agencies for determination of best method to address substance abuse treatment needs of offenders released from prison; requiring the commissioner to keep adequate records regarding inmate participation in substance abuse treatment programs; authorizing the medical director of the department of corrections to make health care decisions for inmates under certain conditions; modifying certain prosecuting authority or court comment provisions relating to controlled substance offenders release; extending the sunset of conditional release of nonviolent controlled substance offenders provision; modifying terms of conditional release for sex offenders; prohibiting the charging of fees for inmate participation in employment under certain conditions; modifying certain county board requirements for withdrawal of a county from a regional jail system; making a technical correction to the sex offender assessment reimbursement grant appropriation; requiring the commissioner to make recommendations to improve the availability of prison based substance abuse treatment programming and improve post prison release outcomes

ARTICLE 5 - CORONERS AND MEDICAL EXAMINERS

Relating to coroners and medical examiners; modifying and updating certain provisions; modifying certain medical examiner and coroner qualifications; specifying the procedure for Hennepin county medical examiner selection; requiring the coroner or medical examiner to be included in the bond held by the county for all appointed and elected county officials; providing for the office of the coroner or medical examiner to be an independent agency of the county; providing for the jurisdiction of the coroner or medical examiner over a person pronounced dead, providing for transfer of jurisdiction under certain conditions; modifying medical examiner or coroner staff provisions; requiring every county to have a system or process for receiving, storing and releasing dead bodies; requiring all sudden and unexpected deaths to be promptly reported to the coroner or medical examiner, specifying reportable deaths; providing for county boards to be responsible for compensation of coroner, medical examiner, assistants, investigators and other medical specialists; specifying certain county board compensation requirements for a coroner, medical examiner, investigators and medical specialists; authorizing certain medical examiner fees; authorizing coroner or medical examiner facilitation of organ and tissue donations; providing for cremation approval; modifying disposition of bodies procedures; establishing procedures for use of property of deceased; modifying death records provisions; modifying procedures for attempting to identity deceased persons, specifying certain reporting requirements; providing for request for examinations; authorizing county boards to contract to perform coroner or medical examiner services with other units of government; repealing certain provisions
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