1.1 	A bill for an act
1.2 	relating to public safety; establishing, modifying, and regulating public safety, 
1.3 	criminal justice, law enforcement, victim services, and corrections policies, 
1.4 	programs, reports, activities, or practices; providing background checks for 
1.5 	governor appointees; defining and modifying provisions regulating sale and 
1.6 	possession of prohibited drug paraphernalia; requiring access to chemical 
1.7 	dependency treatment programs and review of substance abuse assessment 
1.8 	process; removing sunset from Blakely sentencing hearings and applying Blakely 
1.9 	to other sentencing enhancements; requiring best practices for handling death 
1.10 	scene investigations; creating the Forensic Laboratory Advisory Board; requiring 
1.11 	reporting of forensic analyses professional negligence or misconduct; requiring 
1.12 	law enforcement to take missing person reports; enhancing penalties for failing 
1.13 	to control regulated animals when harm results; providing for enforcement of 
1.14 	foreign protective orders; amending labor and sex trafficking law; modifying 
1.15 	certain controlled substance, DWI, and traffic safety provisions; requiring persons 
1.16 	operating vessels or facilities storing hazardous substances to take security 
1.17 	measures and develop security plans; requiring installation of carbon monoxide 
1.18 	alarms in dwellings; providing for inmate health care decisions; requiring 
1.19 	each county to have a coroner or medical examiner; providing professional 
1.20 	requirements for coroners and medical examiners; providing a procedure to 
1.21 	select the Hennepin County medical examiner; providing for medical examiner 
1.22 	and coroner staff; requiring coroner or medical examiner investigation of certain 
1.23 	deaths; authorizing autopsies by coroners or medical examiners; authorizing 
1.24 	burial disposition and property release by coroner or medical examiners; 
1.25 	providing for cause of death records to be prepared by coroners or medical 
1.26 	examiners in the case of suicidal, homicidal, or other mysterious deaths; 
1.27 	authorizing coroners or medical examiners, upon request by the district court, 
1.28 	county attorney, law enforcement agency, or defense counsel, to make physical 
1.29 	examinations; applying Blakely provisions to criminal prosecutions involving 
1.30 	fire arms; requiring mandatory sentences for certain defined engrained offenders; 
1.31 	increasing certain monetary thresholds for theft, dishonored checks, and damage 
1.32 	to property offenses; creating a crime of unlawful conduct relating to telephone 
1.33 	records; requiring conditional release terms for certain persons convicted of 
1.34 	sexual performance crimes; establishing a collateral consequences committee 
1.35 	to identify collateral consequences of convictions and to recommend legislative 
1.36 	changes; adopting, rejecting, and modifying certain Sentencing Guidelines 
1.37 	Commission changes; appropriating money; amending Minnesota Statutes 2004, 
1.38 	sections 13.6905, by adding a subdivision; 115E.01, subdivisions 5, 6, 7, 13, by 
2.1 	adding subdivisions; 115E.04, subdivision 2, by adding subdivisions; 115E.05, 
2.2 	subdivisions 1, 2; 115E.08, subdivision 3; 144.445, subdivision 1; 144.7401, by 
2.3 	adding a subdivision; 152.01, subdivision 18; 152.093; 152.18, subdivision 1; 
2.4 	169A.24, subdivision 1; 169A.70, by adding a subdivision; 181.973; 241.016, 
2.5 	subdivision 1; 299F.011, subdivision 5; 346.155, subdivisions 1, 4, 5, 10, by 
2.6 	adding a subdivision; 390.005; 390.01; 390.04; 390.11; 390.111; 390.15; 390.21; 
2.7 	390.221; 390.23; 390.25; 488A.03, subdivisions 6, 11; 518B.01, subdivision 
2.8 	14, by adding a subdivision; 609.11, subdivision 7; 609.153, subdivision 1; 
2.9 	609.2231, subdivision 6; 609.224, subdivisions 2, 4; 609.2242, subdivisions 2, 4; 
2.10 	609.495, by adding a subdivision; 609.52, subdivision 3; 609.535, subdivision 
2.11 	2a; 609.595, subdivisions 1, 2; 609.748, subdivision 6; 609.749, subdivision 4; 
2.12 	611A.0315; 617.246, by adding a subdivision; 617.247, by adding a subdivision; 
2.13 	624.22, subdivision 8; 631.425, subdivision 3; 641.265, subdivision 2; Minnesota 
2.14 	Statutes 2005 Supplement, sections 171.18, subdivision 1; 241.06, by adding a 
2.15 	subdivision; 243.166, subdivisions 1b, 6; 244.055, subdivisions 10, 11; 244.10, 
2.16 	subdivisions 5, 6, 7; 299C.105, subdivision 3; 299C.40, subdivision 1; 299C.405; 
2.17 	299C.65, subdivision 2; 390.05; 518B.01, subdivision 22; 609.02, subdivision 
2.18 	16; 609.282; 609.283; 609.3455, subdivisions 4, 8, by adding a subdivision;  
2.19 	Laws 2005, chapter 136, article 1, section 13, subdivision 3; article 16, sections 
2.20 	3; 4; 5; 6; proposing coding for new law in Minnesota Statutes, chapters 4; 115E; 
2.21 	152; 241; 299A; 299C; 299F; 390; 609; repealing Minnesota Statutes 2004, 
2.22 	sections 152.094; 383A.36; 383B.225, subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 
2.23 	11, 12, 13; 390.006; 390.06; 390.07; 390.16; 390.17; 390.19; 390.20; 390.24; 
2.24 	390.36; 488A.03, subdivision 11b; 609.108, subdivision 5; 609.109, subdivisions 
2.25 	1, 3; Minnesota Statutes 2005 Supplement, sections 383B.225, subdivision 5; 
2.26 	609.108, subdivisions 1, 3, 4, 6, 7; 609.109, subdivisions 2, 4, 5, 6.
2.27 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.28 	ARTICLE 1
2.29 	GENERAL CRIMINAL AND SENTENCING PROVISIONS

2.30 	Section 1. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 5, is 
2.31 	amended to read:
2.32 		Subd. 5.Procedures in cases where state intends to seek an aggravated 
2.33 	departure. (a) When the prosecutor provides reasonable notice under subdivision 4, the 
2.34 	district court shall allow the state to prove beyond a reasonable doubt to a jury of 12 
2.35 	members the factors in support of the state's request for an aggravated departure from 
2.36 	the Sentencing Guidelines or the state's request for an aggravated sentence under any 
2.37 	sentencing enhancement statute or the state's request for a mandatory minimum under 
2.38 	section 609.11 as provided in paragraph (b) or (c).
2.39 	(b) The district court shall allow a unitary trial and final argument to a jury regarding 
2.40 	both evidence in support of the elements of the offense and evidence in support of 
2.41 	aggravating factors when the evidence in support of the aggravating factors:
2.42 	(1) would be admissible as part of the trial on the elements of the offense; or
2.43 	(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. Minnesota Statutes 2004, section 346.155, subdivision 1, is amended to read:
4.7 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
4.8 	section.
4.9 	(b) "Person" means any natural person, firm, partnership, corporation, or association, 
4.10 	however organized.
4.11 	(c) "Wildlife sanctuary" means a 501(c)(3) nonprofit organization that:
4.12 	(1) operates a place of refuge where abused, neglected, unwanted, impounded, 
4.13 	abandoned, orphaned, or displaced wildlife are provided care for their lifetime;
4.14 	(2) does not conduct any commercial activity with respect to any animal of which 
4.15 	the organization is an owner; and
4.16 	(3) does not buy, sell, trade, auction, lease, loan, or breed any animal of which the 
4.17 	organization is an owner, except as an integral part of the species survival plan of the 
4.18 	American Zoo and Aquarium Association.
4.19 	(d) "Possess" means to own, care for, have custody of, or control.
4.20 	(e) "Regulated animal" means:
4.21 	(1) all members of the Felidae family including, but not limited to, lions, tigers, 
4.22 	cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats 
4.23 	recognized as a domestic breed, registered as a domestic breed, and shown as a domestic 
4.24 	breed by a national or international multibreed cat registry association;
4.25 	(2) bears; and
4.26 	(3) all nonhuman primates, including, but not limited to, lemurs, monkeys, 
4.27 	chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.
4.28 	Regulated animal includes any hybrid or cross between an animal listed in clause 
4.29 	(1), (2), or (3) and a domestic animal and offspring from all subsequent generations of 
4.30 	those crosses or hybrids.
4.31 	(f) "Local animal control authority" means an agency of the state, county, 
4.32 	municipality, or other governmental subdivision of the state that is responsible for animal 
4.33 	control operations in its jurisdiction.
4.34 	(g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the 
4.35 	meanings given them in section 609.02.

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

5.3 	Sec. 5. Minnesota Statutes 2004, section 346.155, subdivision 4, is amended to read:
5.4 		Subd. 4.Requirements. (a) A person who possesses a regulated animal must 
5.5 	maintain health and ownership records on each animal and must maintain the records 
5.6 	for the life of the animal. If possession of the regulated animal is transferred to another 
5.7 	person, a copy of the health and ownership records must accompany the animal.
5.8 	(b) A person who possesses a regulated animal must maintain an ongoing program 
5.9 	of veterinary care which includes a veterinary visit to the premises at least annually.
5.10 	(c) A person who possesses a regulated animal must notify the local animal control 
5.11 	authority in writing within ten days of a change in address or location where the regulated 
5.12 	animal is kept. The notification of change in address or location form must be prepared by 
5.13 	the Minnesota Animal Control Association and approved by the Board of Animal Health. 
5.14 	(d) A person with a United States Department of Agriculture license for regulated 
5.15 	animals shall forward a copy of the United States Department of Agriculture inspection 
5.16 	report to the local animal control authority within 30 days of receipt of the inspection 
5.17 	report.
5.18 	(e) A person who possesses a regulated animal shall prominently display a sign on 
5.19 	the structure where the animal is housed indicating that a dangerous  regulated animal 
5.20 	is on the premises.
5.21 	(f) A person who possesses a regulated animal must notify, as soon as practicable, 
5.22 	local law enforcement officials of any escape of a regulated animal. The person who 
5.23 	possesses the regulated animal is liable for any costs incurred by any person, city, county, 
5.24 	or state agency resulting from the escape of a regulated animal unless the escape is due to 
5.25 	a criminal act by another person or a natural event.
5.26 	(g) A person who possesses a regulated animal must maintain a written recovery 
5.27 	plan in the event of the escape of a regulated animal. The person must maintain live traps, 
5.28 	or other equipment necessary to assist in the recovery of the regulated animal.
5.29 	(h) If requested by the local animal control authority, A person may not move a 
5.30 	regulated animal from its location unless the person notifies the local animal control 
5.31 	authority prior to moving the animal. The notification must include the date and the 
5.32 	location where the animal is  to be moved. This paragraph does not apply to a regulated 
5.33 	animal transported to a licensed veterinarian.
5.34 	(i) If a person who possesses a regulated animal can no longer care for the animal, 
5.35 	the person shall take steps to find long-term placement for the regulated animal.

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

6.2 	Sec. 6. Minnesota Statutes 2004, section 346.155, subdivision 5, is amended to read:
6.3 		Subd. 5.Seizure. (a) The local animal control authority, upon issuance of a 
6.4 	notice of inspection, must be granted access at reasonable times to sites where the local 
6.5 	animal control authority has reason to believe a violation of this chapter is occurring or 
6.6 	has occurred.
6.7 	(b) If a person who possesses a regulated animal is not in compliance with the 
6.8 	requirements of this section, the local animal control authority shall take possession of the 
6.9 	animal for custody and care, provided that the procedures in this subdivision are followed.
6.10 	(c) Upon request of a person possessing a regulated animal, the local animal control 
6.11 	authority may allow the animal to remain in the physical custody of the owner for 30 days, 
6.12 	during which time the owner shall take all necessary actions to come in compliance with 
6.13 	this section. During the 30-day period, the local animal control authority may inspect, at 
6.14 	any reasonable time, the premises where the animal is kept.
6.15 	(d) If a person who possesses a regulated animal is not in compliance with this 
6.16 	section following the 30-day period described in paragraph (c), the local animal control 
6.17 	authority shall seize the animal and place it in a holding facility that is appropriate for the 
6.18 	species for up to ten days. 
6.19 	(e) The authority taking custody of an animal under this section shall provide a 
6.20 	notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at 
6.21 	the place where the animal is taken into custody, or by delivering it to a person residing 
6.22 	on the property. The notice must include:
6.23 	(1) a description of the animal seized; the authority for and purpose of the seizure; 
6.24 	the time, place, and circumstances under which the animal was seized; and a contact 
6.25 	person and telephone number;
6.26 	(2) a statement that a person from whom a regulated animal was seized may post 
6.27 	security to prevent disposition of the animal and may request a hearing concerning the 
6.28 	seizure and that failure to do so within five business days of the date of the notice will 
6.29 	result in disposition of the animal;
6.30 	(3) a statement that actual costs of the care, keeping, and disposal of the regulated 
6.31 	animal are the responsibility of the person from whom the animal was seized, except to 
6.32 	the extent that a court or hearing officer finds that the seizure or impoundment was not 
6.33 	substantially justified by law; and
6.34 	(4) a form that can be used by a person from whom a regulated animal was seized 
6.35 	for requesting a hearing under this subdivision.
7.1 	(e) (f) If a person from whom the regulated animal was seized makes a request 
7.2 	within five business days of the seizure, a hearing must be held within five business days 
7.3 	of the request to determine the validity of the seizure and disposition of the animal. The 
7.4 	judge or hearing officer may authorize the return of the animal to the person from whom 
7.5 	the animal was seized if the judge or hearing officer finds:
7.6 	(1) that the person can and will provide the care required by law for the regulated 
7.7 	animal; and
7.8 	(2) the regulated animal is physically fit.
7.9 	(f) (g) If a judge or hearing officer orders a permanent disposition of the regulated 
7.10 	animal, the local animal control authority may take steps to find long-term placement for 
7.11 	the animal with a wildlife sanctuary, persons authorized by the Department of Natural 
7.12 	Resources, or an appropriate United States Department of Agriculture licensed facility.
7.13 	(g) (h) A person from whom a regulated animal is seized is liable for all actual costs 
7.14 	of care, keeping, and disposal of the animal, except to the extent that a court or hearing 
7.15 	officer finds that the seizure was not substantially justified by law. The costs must be paid 
7.16 	in full or a mutually satisfactory arrangement for payment must be made between the 
7.17 	local animal control authority and the person claiming an interest in the animal before 
7.18 	return of the animal to the person.
7.19 	(h) (i) A person from whom a regulated animal has been seized under this 
7.20 	subdivision may prevent disposition of the animal by posting security in the amount 
7.21 	sufficient to provide for the actual costs of care and keeping of the animal. The security 
7.22 	must be posted within five business days of the seizure, inclusive of the day of the seizure.
7.23 	(i) (j) If circumstances exist threatening the life of a person or the life of any animal, 
7.24 	local law enforcement or the local animal control authority shall may seize a regulated 
7.25 	animal without an opportunity for hearing or court order, or destroy the animal.

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

7.27 	Sec. 7. Minnesota Statutes 2004, section 346.155, is amended by adding a subdivision 
7.28 	to read:
7.29 		Subd. 9a.Confinement and control. A person violates this subdivision who 
7.30 	possesses a regulated animal and negligently fails to control the animal or keep it properly 
7.31 	confined and as a result the animal causes bodily harm, substantial bodily harm, or great 
7.32 	bodily harm to another person.

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

8.1 	Sec. 8. Minnesota Statutes 2004, section 346.155, subdivision 10, is amended to read:
8.2 		Subd. 10.Penalty.  (a) A person who knowingly violates subdivision 2, 3,  paragraph 
8.3 	(b) or (c), or 4 is guilty of a misdemeanor.
8.4 	(b) A person who knowingly violates subdivision 3, paragraph (a), is guilty of a 
8.5 	gross misdemeanor.
8.6 	(c) A person who violates subdivision 9a, resulting in bodily harm is guilty of a 
8.7 	misdemeanor and may be sentenced to imprisonment for not more than 90 days or to 
8.8 	payment of a fine of not more than $1,000, or both.
8.9 	(d) A person who violates subdivision 9a, resulting in substantial bodily harm is 
8.10 	guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
8.11 	one year or to payment of a fine of not more than $3,000, or both.
8.12 	(e) A person who violates subdivision 9a, resulting in great bodily harm or death 
8.13 	is guilty of a felony and may be sentenced to imprisonment for not more than two years 
8.14 	or to payment of a fine of not more than $5,000, or both, unless a greater penalty is 
8.15 	provided elsewhere.

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

8.18 	Sec. 9. Minnesota Statutes 2004, section 488A.03, subdivision 6, is amended to read:
8.19 		Subd. 6.Disposition of fines, fees and other money; accounts. (a) Except as 
8.20 	otherwise provided hereinwithin this subdivision and except as otherwise provided by law, 
8.21 	the court administrator shall pay to the Hennepin county treasurer all fines and penalties 
8.22 	collected by the court administrator, all fees collected by the court administrator for court 
8.23 	administrator's services, all sums forfeited to the court as hereinafter provided in this 
8.24 	subdivision, and all other money received by the court administrator. to the subdivision 
8.25 	of government entitled to it as follows on or before the 20th day after the last day of 
8.26 	the month in which the money was collected. Eighty percent of all fines and penalties 
8.27 	collected during the previous month shall be paid to the treasurer of the municipality or 
8.28 	subdivision of government where the crime was committed. The remainder of the fines 
8.29 	and penalties shall be credited to the general fund of the state. In all cases in which the 
8.30 	county attorney had charge of the prosecution, all fines and penalties shall be credited 
8.31 	to the state general fund.
8.32 	(b) The court administrator shall provide the county treasurer with identify the name 
8.33 	of the municipality or other subdivision of government where the offense was committed 
8.34 	and the name and official position of the officer who prosecuted the offense for each fine 
9.1 	or penalty, and the total amount of fines or penalties collected for each such municipality 
9.2 	or other subdivision of government, or for the county, or for the state.
9.3 	(c) At the beginning of the first day of any month the amount owing to any 
9.4 	municipality or county in the hands of the court administrator shall not exceed $5,000.
9.5 	(d) On or before the last day of each month the county treasurer shall pay over to 
9.6 	the treasurer of each municipality or subdivision of government in Hennepin County all 
9.7 	fines or penalties collected during the previous month for offenses committed within 
9.8 	such municipality or subdivision of government, except that all such fines and penalties 
9.9 	attributable to cases in which the county attorney had charge of the prosecution shall be 
9.10 	retained by the county treasurer and credited to the county general revenue fund.
9.11 	(e)  (c) Amounts represented by checks issued by the court administrator or received 
9.12 	by the court administrator which have not cleared by the end of the month may be shown 
9.13 	on the monthly account as having been paid or received, subject to adjustment on later 
9.14 	monthly accounts.
9.15 	(f) (d)  The court administrator may receive negotiable instruments in payment 
9.16 	of fines, penalties, fees or other obligations as conditional payments, and is not held 
9.17 	accountable thereforfor this until collection in cash is made and then only to the extent of 
9.18 	the net collection after deduction of the necessary expense of collection.

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

9.20 	Sec. 10. Minnesota Statutes 2004, section 488A.03, subdivision 11, is amended to read:
9.21 		Subd. 11.Fees payable to administrator. (a) The civil fees payable to the 
9.22 	administrator for services are the same in amount as the fees then payable to the District 
9.23 	Court of Hennepin County for like services. Library and filing fees are not required of 
9.24 	the defendant in an eviction action. The fees payable to the administrator for all other 
9.25 	services of the administrator or the court shall be fixed by rules promulgated by a majority 
9.26 	of the judges.
9.27 	(b) Fees are payable to the administrator in advance.
9.28 	(c) Judgments will be entered only upon written application.
9.29 	(d) The following fees shall be taxed for all charges filed in court where applicable: 
9.30 	(a) The state of Minnesota and any governmental subdivision within the jurisdictional area 
9.31 	of any district court herein established may present cases for hearing before said district 
9.32 	court; (b) In the event the court takes jurisdiction of a prosecution for the violation of a 
9.33 	statute or ordinance by the state or a governmental subdivision other than a city or town 
9.34 	in Hennepin County, all fines, penalties, and forfeitures collected shall be paid over to 
9.35 	the treasurer of the governmental subdivision which submitted charges for prosecution 
10.1 	under ordinance violation and to the county treasurer in all other charges except where 
10.2 	a different disposition is provided by law, in which case, payment shall be made to 
10.3 	the public official entitled thereto. The following fees shall be taxed to the county or 
10.4 	to the state or governmental subdivision which would be entitled to payment of the 
10.5 	fines, forfeiture or penalties in any case, and shall be paid to the court administrator for 
10.6 	disposing of the matter:
10.7 	(1) For each charge where the defendant is brought into court and pleads guilty and 
10.8 	is sentenced, or the matter is otherwise disposed of without trial .......... $5.
10.9 	(2) In arraignments where the defendant waives a preliminary examination .......... 
10.10 	$10.
10.11 	(3) For all other charges where the defendant stands trial or has a preliminary 
10.12 	examination by the court .......... $15.
10.13 	(e) This paragraph applies to the distribution of fines paid by defendants without a 
10.14 	court appearance in response to a citation. On or before the tenth day after the last day of 
10.15 	the month in which the money was collected, the county treasurer shall pay 80 percent 
10.16 	of the fines to the treasurer of the municipality or subdivision within the county where 
10.17 	the violation was committed. The remainder of the fines shall be credited to the general 
10.18 	revenue fund of the county.

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

10.20 	Sec. 11. Minnesota Statutes 2004, section 518B.01, subdivision 14, is amended to read:
10.21 		Subd. 14.Violation of an order for protection. (a) A person who violates an 
10.22 	order for protection issued by a judge or referee is subject to the penalties provided 
10.23 	in paragraphs (b) to (d).
10.24 	(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for 
10.25 	protection is granted by a judge or referee or pursuant to a similar law of another state, 
10.26 	the United States, the District of Columbia, tribal lands, or United States territories, and 
10.27 	the respondent or person to be restrained knows of the existence of the order, violation of 
10.28 	the order for protection is a misdemeanor. Upon a misdemeanor conviction under this 
10.29 	paragraph, the defendant must be sentenced to a minimum of three days imprisonment and 
10.30 	must be ordered to participate in counseling or other appropriate programs selected by 
10.31 	the court. If the court stays imposition or execution of the jail sentence and the defendant 
10.32 	refuses or fails to comply with the court's treatment order, the court must impose and 
10.33 	execute the stayed jail sentence. A violation of an order for protection shall also constitute 
10.34 	contempt of court and be subject to the penalties provided in chapter 588.
11.1 	(c) A person is guilty of a gross misdemeanor who knowingly violates this 
11.2 	subdivision during the time period betweenwithin ten years of  a previous qualified 
11.3 	domestic violence-related offense conviction and the end of the five years following 
11.4 	discharge from sentence for that offense or adjudication of delinquency. Upon a gross 
11.5 	misdemeanor conviction under this paragraph, the defendant must be sentenced to a 
11.6 	minimum of ten days imprisonment and must be ordered to participate in counseling or 
11.7 	other appropriate programs selected by the court. Notwithstanding section  609.135, the 
11.8 	court must impose and execute the minimum sentence provided in this paragraph for 
11.9 	gross misdemeanor convictions. 
11.10 	(d) A person is guilty of a felony and may be sentenced to imprisonment for not 
11.11 	more than five years or to payment of a fine of not more than $10,000, or both, if the 
11.12 	person knowingly violates this subdivision:
11.13 	(1) during the time period betweenwithin ten years of  the first of two or more 
11.14 	previous qualified domestic violence-related offense convictions and the end of the five 
11.15 	years following discharge from sentence for that offense or adjudications of delinquency; 
11.16 	or
11.17 	(2) while possessing a dangerous weapon, as defined in section  609.02, subdivision 6. 
11.18 	Upon a felony conviction under this paragraph in which the court stays imposition or 
11.19 	execution of sentence, the court shall impose at least a 30-day period of incarceration 
11.20 	as a condition of probation. The court also shall order that the defendant participate in 
11.21 	counseling or other appropriate programs selected by the court. Notwithstanding section  
11.22 	609.135, the court must impose and execute the minimum sentence provided in this 
11.23 	paragraph for felony convictions. 
11.24 	(e) A peace officer shall arrest without a warrant and take into custody a person 
11.25 	whom the peace officer has probable cause to believe has violated an order granted 
11.26 	pursuant to this section or a similar law of another state, the United States, the District of 
11.27 	Columbia, tribal lands, or United States territories restraining the person or excluding the 
11.28 	person from the residence or the petitioner's place of employment, even if the violation 
11.29 	of the order did not take place in the presence of the peace officer, if the existence of the 
11.30 	order can be verified by the officer. The probable cause required under this paragraph 
11.31 	includes probable cause that the person knows of the existence of the order. If the order 
11.32 	has not been served, the officer shall immediately serve the order whenever reasonably 
11.33 	safe and possible to do so. An order for purposes of this subdivision, includes the short 
11.34 	form order described in subdivision 8a. When the order is first served upon the person 
11.35 	at a location at which, under the terms of the order, the person's presence constitutes a 
11.36 	violation, the person shall not be arrested for violation of the order without first being 
12.1 	given a reasonable opportunity to leave the location in the presence of the peace officer. 
12.2 	A person arrested under this paragraph shall be held in custody for at least 36 hours, 
12.3 	excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by 
12.4 	a judge or judicial officer. A peace officer acting in good faith and exercising due care 
12.5 	in making an arrest pursuant to this paragraph is immune from civil liability that might 
12.6 	result from the officer's actions.
12.7 	(f) If the court finds that the respondent has violated an order for protection and 
12.8 	that there is reason to believe that the respondent will commit a further violation of the 
12.9 	provisions of the order restraining the respondent from committing acts of domestic abuse 
12.10 	or excluding the respondent from the petitioner's residence, the court may require the 
12.11 	respondent to acknowledge an obligation to comply with the order on the record. The court 
12.12 	may require a bond sufficient to deter the respondent from committing further violations 
12.13 	of the order for protection, considering the financial resources of the respondent, and not 
12.14 	to exceed $10,000. If the respondent refuses to comply with an order to acknowledge the 
12.15 	obligation or post a bond under this paragraph, the court shall commit the respondent to 
12.16 	the county jail during the term of the order for protection or until the respondent complies 
12.17 	with the order under this paragraph. The warrant must state the cause of commitment, 
12.18 	with the sum and time for which any bond is required. If an order is issued under this 
12.19 	paragraph, the court may order the costs of the contempt action, or any part of them, to be 
12.20 	paid by the respondent. An order under this paragraph is appealable.
12.21 	(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested 
12.22 	party designated by the court, alleging that the respondent has violated any order for 
12.23 	protection granted pursuant to this section or a similar law of another state, the United 
12.24 	States, the District of Columbia, tribal lands, or United States territories, the court may 
12.25 	issue an order to the respondent, requiring the respondent to appear and show cause within 
12.26 	14 days why the respondent should not be found in contempt of court and punished 
12.27 	therefor. The hearing may be held by the court in any county in which the petitioner or 
12.28 	respondent temporarily or permanently resides at the time of the alleged violation, or in 
12.29 	the county in which the alleged violation occurred, if the petitioner and respondent do not 
12.30 	reside in this state. The court also shall refer the violation of the order for protection to the 
12.31 	appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).
12.32 	(h) If it is alleged that the respondent has violated an order for protection issued under 
12.33 	subdivision 6 or a similar law of another state, the United States, the District of Columbia, 
12.34 	tribal lands, or United States territories, and the court finds that the order has expired 
12.35 	between the time of the alleged violation and the court's hearing on the violation, the court 
12.36 	may grant a new order for protection under subdivision 6 based solely on the respondent's 
13.1 	alleged violation of the prior order, to be effective until the hearing on the alleged violation 
13.2 	of the prior order. If the court finds that the respondent has violated the prior order, the 
13.3 	relief granted in the new order for protection shall be extended for a fixed period, not to 
13.4 	exceed one year, except when the court determines a longer fixed period is appropriate.
13.5 	(i) The admittance into petitioner's dwelling of an abusing party excluded from the 
13.6 	dwelling under an order for protection is not a violation by the petitioner of the order 
13.7 	for protection.
13.8 	A peace officer is not liable under section  609.43, clause (1), for a failure to perform 
13.9 	a duty required by paragraph (e). 
13.10 	(j) When a person is convicted under paragraph (b) or (c) of violating an order for 
13.11 	protection and the court determines that the person used a firearm in any way during 
13.12 	commission of the violation, the court may order that the person is prohibited from 
13.13 	possessing any type of firearm for any period longer than three years or for the remainder 
13.14 	of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. 
13.15 	At the time of the conviction, the court shall inform the defendant whether and for 
13.16 	how long the defendant is prohibited from possessing a firearm and that it is a gross 
13.17 	misdemeanor to violate this paragraph. The failure of the court to provide this information 
13.18 	to a defendant does not affect the applicability of the firearm possession prohibition or the 
13.19 	gross misdemeanor penalty to that defendant.
13.20 	(k) Except as otherwise provided in paragraph (j), when a person is convicted 
13.21 	under paragraph (b) or (c) of violating an order for protection, the court shall inform 
13.22 	the defendant that the defendant is prohibited from possessing a pistol for three years 
13.23 	from the date of conviction and that it is a gross misdemeanor offense to violate this 
13.24 	prohibition. The failure of the court to provide this information to a defendant does not 
13.25 	affect the applicability of the pistol possession prohibition or the gross misdemeanor 
13.26 	penalty to that defendant.
13.27 	(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess a 
13.28 	pistol if the person has been convicted under paragraph (b) or (c) after August 1, 1996, 
13.29 	of violating an order for protection, unless three years have elapsed from the date of 
13.30 	conviction and, during that time, the person has not been convicted of any other violation 
13.31 	of this section. Property rights may not be abated but access may be restricted by the 
13.32 	courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross 
13.33 	misdemeanor.
13.34 	(m) If the court determines that a person convicted under paragraph (b) or (c) of 
13.35 	violating an order for protection owns or possesses a firearm and used it in any way during 
14.1 	the commission of the violation, it shall order that the firearm be summarily forfeited 
14.2 	under section  609.5316, subdivision 3. 

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. 12. Minnesota Statutes 2004, section 518B.01, is amended by adding a 
14.6 	subdivision to read:
14.7 		Subd. 19a.Entry and enforcement of foreign protective orders. (a) As used in 
14.8 	this subdivision, "foreign protective order" means an order for protection entered by a 
14.9 	court of another state; an order by an Indian tribe or United States territory that would be a 
14.10 	protective order entered under this chapter; a temporary or permanent order or protective 
14.11 	order to exclude a respondent from a dwelling; or an order that establishes conditions of 
14.12 	release or is a protective order or sentencing order in a criminal prosecution arising from a 
14.13 	domestic abuse assault if it had been entered in Minnesota.
14.14 	(b) A person for whom a foreign protection order has been issued or the issuing court 
14.15 	or tribunal may provide a certified or authenticated copy of a foreign protective order to the 
14.16 	court administrator in any county that would have venue if the original action was being 
14.17 	commenced in this state or in which the person in whose favor the order was entered may 
14.18 	be present, for filing and entering of the same into the state order for protection database.
14.19 	(c) The court administrator shall file and enter foreign protective orders that are 
14.20 	not certified or authenticated, if supported by an affidavit of a person with personal 
14.21 	knowledge, subject to the penalties for perjury. The person protected by the order may 
14.22 	provide this affidavit.
14.23 	(d) The court administrator shall provide copies of the order as required by this 
14.24 	section.
14.25 	(e) A valid foreign protective order has the same effect and shall be enforced in the 
14.26 	same manner as an order for protection issued in this state whether or not filed with a court 
14.27 	administrator or otherwise entered in the state order for protection database.
14.28 	(f) A foreign protective order is presumed valid if it meets all of the following:
14.29 	(1) the order states the name of the protected individual and the individual against 
14.30 	whom enforcement is sought;
14.31 	(2) the order has not expired;
14.32 	(3) the order was issued by a court or tribunal that had jurisdiction over the parties 
14.33 	and subject matter under the law of the foreign jurisdiction; and
14.34 	(4) the order was issued in accordance with the respondent's due process rights, 
14.35 	either after the respondent was provided with reasonable notice and an opportunity to be 
15.1 	heard before the court or tribunal that issued the order, or in the case of an ex parte order, 
15.2 	the respondent was granted notice and an opportunity to be heard within a reasonable 
15.3 	time after the order was issued.
15.4 	(g) Proof that a foreign protective order failed to meet all of the factors listed in 
15.5 	paragraph (f) is an affirmative defense in any action seeking enforcement of the order.
15.6 	(h) A peace officer shall treat a foreign protective order as a valid legal document 
15.7 	and shall make an arrest for a violation of the foreign protective order in the same manner 
15.8 	that a peace officer would make an arrest for a violation of a protective order issued 
15.9 	within this state.
15.10 	(i) The fact that a foreign protective order has not been filed with the court 
15.11 	administrator or otherwise entered into the state order for protection database shall not be 
15.12 	grounds to refuse to enforce the terms of the order unless it is apparent to the officer that 
15.13 	the order is invalid on its face.
15.14 	(j) A peace officer acting reasonably and in good faith in connection with the 
15.15 	enforcement of a foreign protective order is immune from civil and criminal liability in 
15.16 	any action arising in connection with the enforcement.
15.17 	(k) Filing and service costs in connection with foreign protective orders are waived.

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

15.19 	Sec. 13. Minnesota Statutes 2005 Supplement, section 518B.01, subdivision 22, 
15.20 	is amended to read:
15.21 		Subd. 22.Domestic abuse no contact order. (a) A domestic abuse no contact order 
15.22 	is an order issued by a court against a defendant in a criminal proceeding for:
15.23 	(1) domestic abuse;
15.24 	(2) harassment or stalking charged under section 609.749 and committed against 
15.25 	a family or household member;
15.26 	(3) violation of an order for protection charged under subdivision 14; or
15.27 	(4) violation of a prior domestic abuse no contact order charged under this 
15.28 	subdivision.
15.29 	It includes pretrial orders before final disposition of the case and probationary orders 
15.30 	after sentencing.
15.31 	(b) A person who knows of the existence of a domestic abuse no contact order issued 
15.32 	against the person and violates the order is guilty of a misdemeanor.
16.1 	(c) A person is guilty of a gross misdemeanor who knowingly violates this 
16.2 	subdivision within ten years of a previous qualified domestic violence-related offense 
16.3 	conviction or adjudication of delinquency.
16.4 	(d) A peace officer shall arrest without a warrant and take into custody a person 
16.5 	whom the peace officer has probable cause to believe has violated a domestic abuse no 
16.6 	contact order, even if the violation of the order did not take place in the presence of the 
16.7 	peace officer, if the existence of the order can be verified by the officer. The person shall 
16.8 	be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, 
16.9 	unless the person is released earlier by a judge or judicial officer. A peace officer acting 
16.10 	in good faith and exercising due care in making an arrest pursuant to this paragraph is 
16.11 	immune from civil liability that might result from the officer's actions.

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

16.14 	Sec. 14. Minnesota Statutes 2005 Supplement, section 609.02, subdivision 16, is 
16.15 	amended to read:
16.16 		Subd. 16.Qualified domestic violence-related offense. "Qualified domestic 
16.17 	violence-related offense" includes the following offenses: sections 518B.01, subdivision 
16.18 	14 (violation of domestic abuse order for protection); 518B.01, subdivision 22 
16.19 	(violation of domestic abuse no contact order); 609.221 (first-degree assault); 609.222
16.20 	(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 
16.21 	609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic assault 
16.22 	by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree 
16.23 	criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
16.24 	(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 
16.25 	609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining 
16.26 	order); and609.749 (harassment/stalking); and 609.78, subdivision 2 (interference with 
16.27 	an emergency call); and similar laws of other states, the United States, the District of 
16.28 	Columbia, tribal lands, and United States territories.

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

16.31 	Sec. 15. Minnesota Statutes 2004, section 609.11, subdivision 7, is amended to read:
16.32 		Subd. 7.Prosecutor shall establish. Whenever reasonable grounds exist to believe 
16.33 	that the defendant or an accomplice used a firearm or other dangerous weapon or had in 
17.1 	possession a firearm, at the time of commission of an offense listed in subdivision 9, 
17.2 	the prosecutor shall, at the time of trial or at the plea of guilty, present on the record 
17.3 	all evidence tending to establish that fact unless it is otherwise admitted on the record.
17.4 	The question of whether the defendant or an accomplice, at the time of commission of 
17.5 	an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
17.6 	in possession a firearm shall be determined by the court on the record factfinder at the 
17.7 	time of a verdict or finding of guilt at trial or the entry of a plea of guilty based upon the 
17.8 	record of the trial or the plea of guilty. The courtfactfinder shall also determine on the 
17.9 	record at the time of sentencing whether the defendant has been convicted of a second or 
17.10 	subsequent offense in which the defendant or an accomplice, at the time of commission 
17.11 	of an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
17.12 	in possession a firearm.

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

17.15 	Sec. 16. Minnesota Statutes 2004, section 609.153, subdivision 1, is amended to read:
17.16 		Subdivision 1.Application. This section applies to the following misdemeanor-level 
17.17 	crimes: sections  152.093 (manufacture or delivery of drug paraphernalia prohibited); 
17.18 	152.095 (advertisement of drug paraphernalia prohibited); 609.324 (prostitution);  
17.19 	609.3243 (loitering with intent to participate in prostitution); 609.546 (motor vehicle 
17.20 	tampering);  609.595 (damage to property); and  609.66 (dangerous weapons); 
17.21 	misdemeanor-level violations of section 609.605 (trespass); and violations of local 
17.22 	ordinances prohibiting the unlawful sale or possession of controlled substances. 

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

17.25 	Sec. 17. Minnesota Statutes 2004, section 609.2231, subdivision 6, is amended to read:
17.26 		Subd. 6.Public employees with mandated duties. A person is guilty of a gross 
17.27 	misdemeanor who:
17.28 	(1) assaults an agricultural inspector, occupational safety and health investigator, 
17.29 	child protection worker, public health nurse, animal control officer, or probation or parole 
17.30 	officer while the employee is engaged in the performance of a duty mandated by law, 
17.31 	court order, or ordinance;
17.32 	(2) knows that the victim is a public employee engaged in the performance of the 
17.33 	official public duties of the office; and
18.1 	(3) inflicts demonstrable bodily harm.

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

18.4 	Sec. 18. Minnesota Statutes 2004, section 609.224, subdivision 2, is amended to read:
18.5 		Subd. 2.Gross misdemeanor. (a) Whoever violates the provisions of subdivision 
18.6 	1 against the same victim during the time period betweenwithin ten years of  a previous 
18.7 	qualified domestic violence-related offense conviction or adjudication of delinquency and 
18.8 	the end of the five years following discharge from sentence or disposition for that offense,
18.9 	is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
18.10 	one year or to payment of a fine of not more than $3,000, or both.
18.11 	(b) Whoever violates the provisions of subdivision 1 within two three years of 
18.12 	a previous qualified domestic violence-related offense conviction or adjudication of 
18.13 	delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for 
18.14 	not more than one year or to payment of a fine of not more than $3,000, or both.
18.15 	(c) A caregiver, as defined in section  609.232, who is an individual and who violates 
18.16 	the provisions of subdivision 1 against a vulnerable adult, as defined in section  609.232, is 
18.17 	guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
18.18 	one year or to payment of a fine of not more than $3,000, or both. 

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

18.21 	Sec. 19. Minnesota Statutes 2004, section 609.224, subdivision 4, is amended to read:
18.22 		Subd. 4.Felony. (a) Whoever violates the provisions of subdivision 1 against 
18.23 	the same victim during the time period betweenwithin ten years of  the first of any 
18.24 	combination of two or more previous qualified domestic violence-related offense 
18.25 	convictions or adjudications of delinquency and the end of the five years following 
18.26 	discharge from sentence or disposition for that offense is guilty of a felony and may be 
18.27 	sentenced to imprisonment for not more than five years or payment of a fine of not more 
18.28 	than $10,000, or both.
18.29 	(b) Whoever violates the provisions of subdivision 1 within three years of the first 
18.30 	of any combination of two or more previous qualified domestic violence-related offense 
18.31 	convictions or adjudications of delinquency is guilty of a felony and may be sentenced 
18.32 	to imprisonment for not more than five years or to payment of a fine of not more than 
18.33 	$10,000, or both.

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

19.3 	Sec. 20. Minnesota Statutes 2004, section 609.2242, subdivision 2, is amended to read:
19.4 		Subd. 2.Gross misdemeanor. Whoever violates subdivision 1 during the time 
19.5 	period betweenwithin ten years of  a previous qualified domestic violence-related 
19.6 	offense conviction or adjudication of delinquency against a family or household member 
19.7 	as defined in section  518B.01, subdivision 2, and the end of the five years following 
19.8 	discharge from sentence or disposition for that offense is guilty of a gross misdemeanor 
19.9 	and may be sentenced to imprisonment for not more than one year or to payment of a fine 
19.10 	of not more than $3,000, or both. 

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

19.13 	Sec. 21. Minnesota Statutes 2004, section 609.2242, subdivision 4, is amended to read:
19.14 		Subd. 4.Felony. Whoever violates the provisions of this section or section  609.224, 
19.15 	subdivision 1, against the same victim during the time period between within ten years of
19.16 	the first of any combination of two or more previous qualified domestic violence-related 
19.17 	offense convictions or adjudications of delinquency and the end of the five years following 
19.18 	discharge from sentence or disposition for that offense is guilty of a felony and may be 
19.19 	sentenced to imprisonment for not more than five years or payment of a fine of not more 
19.20 	than $10,000, or both. 

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

19.23 	Sec. 22. Minnesota Statutes 2005 Supplement, section 609.282, is amended to read:
19.24 	609.282 LABOR TRAFFICKING.
19.25 		Subdivision 1. Individuals under age 18.  Whoever knowingly engages in the 
19.26 	labor trafficking of an individual who is under the age of 18 is guilty of a crime and 
19.27 	may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 
19.28 	not more than $40,000, or both.
19.29 		Subd. 2. Other offenses.  Whoever knowingly engages in the labor trafficking of 
19.30 	another is guilty of a crime and may be sentenced to imprisonment for not more than 15 
19.31 	years or to payment of a fine of not more than $30,000, or both. 
20.1 		Subd. 3. Consent or age of victim not a defense.  In a prosecution under this 
20.2 	section the consent or age of the victim is not a defense.

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

20.5 	Sec. 23. Minnesota Statutes 2005 Supplement, section 609.283, is amended to read:
20.6 	609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN 
20.7 	FURTHERANCE OF LABOR OR SEX TRAFFICKING.
20.8 		Subdivision 1. Crime defined.  Unless the person's conduct constitutes a violation 
20.9 	of section 609.282, a person who knowingly destroys, conceals, removes, confiscates, or 
20.10 	possesses any actual or purported passport or other immigration document, or any other 
20.11 	actual or purported government identification document, of another person:
20.12 	(1) in the course of a violation of section 609.282 or 609.322;
20.13 	(2) with intent to violate section 609.282 or 609.322; or
20.14 	(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, 
20.15 	a person's liberty to move or travel, in order to maintain the labor or services of that person, 
20.16 	when the person is or has been a victim of a violation of section 609.282 or 609.322;
20.17 	is guilty of a crime and may be sentenced as provided in subdivision 2. 
20.18 		Subd. 2. Penalties.  A person who violates subdivision 1 may be sentenced as 
20.19 	follows: 
20.20 	(1) if the crime involves a victim under the age of 18, to imprisonment for not more 
20.21 	than ten years or to payment of a fine of $20,000, or both; or 
20.22 	(2) in other cases, to imprisonment for not more than five years or to payment of 
20.23 	a fine of not more than $10,000, or both. 
20.24 		Subd. 3. Consent or age of victim not a defense.  In a prosecution under this 
20.25 	section the consent or age of the victim is not a defense.

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

20.28 	Sec. 24. Minnesota Statutes 2005 Supplement, section 609.3455, is amended by adding 
20.29 	a subdivision to read:
20.30 		Subd. 3a. Mandatory sentence for certain engrained offenders.  (a) A court shall 
20.31 	commit a person to the commissioner of corrections for a period of time that is not less 
20.32 	than double the presumptive sentence under the sentencing guidelines and not more than 
21.1 	the statutory maximum, or if the statutory maximum is less than double the presumptive 
21.2 	sentence, for a period of time that is equal to the statutory maximum, if:
21.3 	(1) the court is imposing an executed sentence on a person convicted of committing 
21.4 	or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or 
21.5 	609.3453; 
21.6 	(2) the factfinder determines that the offender is a danger to public safety; and 
21.7 	(3) the factfinder determines that the offender's criminal sexual behavior is so 
21.8 	engrained that the risk of reoffending is great without intensive psychotherapeutic 
21.9 	intervention or other long-term treatment or supervision extending beyond the presumptive 
21.10 	term of imprisonment and supervised release.
21.11 	(b) The factfinder shall base its determination that the offender is a danger to public 
21.12 	safety on any of the following factors:
21.13 	(1) the crime involved an aggravating factor that would justify a durational departure 
21.14 	from the presumptive sentence under the sentencing guidelines;
21.15 	(2) the offender previously committed or attempted to commit a predatory crime 
21.16 	or a violation of section 609.224 or 609.2242, including:
21.17 	(i) an offense committed as a juvenile that would have been a predatory crime or a 
21.18 	violation of section 609.224 or 609.2242 if committed by an adult; or 
21.19 	(ii) a violation or attempted violation of a similar law of any other state or the United 
21.20 	States; or
21.21 	(3) the offender planned or prepared for the crime prior to its commission.
21.22 	(c) As used in this section, "predatory crime" has the meaning given in section 
21.23 	609.341, subdivision 22.

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

21.26 	Sec. 25. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 4, 
21.27 	is amended to read:
21.28 		Subd. 4.Mandatory life sentence; repeat offenders. (a) Notwithstanding the 
21.29 	statutory maximum penalty otherwise applicable to the offense, the court shall sentence a 
21.30 	person to imprisonment for life if the person is convicted of violating section 609.342, 
21.31 	609.343, 609.344, 609.345, or 609.3453 and:
21.32 	(1) the person has two previous sex offense convictions;
21.33 	(2) the person has a previous sex offense conviction and:
21.34 	(i) the factfinder determines that the present offense involved an aggravating factor 
21.35 	that would provide grounds for an upward durational departure under the sentencing 
22.1 	guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
22.2 	convictions;
22.3 	(ii) the person received an upward durational departure from the sentencing 
22.4 	guidelines for the previous sex offense conviction; or
22.5 	(iii) the person was sentenced under this section or section 609.108 for the previous 
22.6 	sex offense conviction; or
22.7 	(3) the person has two prior sex offense convictions, and the factfinder determines 
22.8 	that the prior convictions and present offense involved at least three separate victims, and:
22.9 	(i) the factfinder determines that the present offense involved an aggravating factor 
22.10 	that would provide grounds for an upward durational departure under the sentencing 
22.11 	guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
22.12 	convictions;
22.13 	(ii) the person received an upward durational departure from the sentencing 
22.14 	guidelines for one of the prior sex offense convictions; or
22.15 	(iii) the person was sentenced under this section or section 609.108 for one of the 
22.16 	prior sex offense convictions.
22.17 	(b) Notwithstanding paragraph (a), a court may not sentence a person to 
22.18 	imprisonment for life for a violation of section 609.345, unless the person's previous or 
22.19 	prior sex offense convictions that are being used as the basis for the sentence are for 
22.20 	violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute of the 
22.21 	United States, this state, or any other state.

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

22.24 	Sec. 26. Minnesota Statutes 2004, section 609.495, is amended by adding a subdivision 
22.25 	to read:
22.26 		Subd. 5.Venue. An offense committed under subdivision 1 or 3 may be prosecuted 
22.27 	in:
22.28 	(1) the county where the aiding or obstructing behavior occurred; or 
22.29 	(2) the county where the underlying criminal act occurred. 

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

22.31 	Sec. 27. Minnesota Statutes 2004, section 609.52, subdivision 3, is amended to read:
22.32 		Subd. 3.Sentence. Whoever commits theft may be sentenced as follows:
23.1 	(1) to imprisonment for not more than 20 years or to payment of a fine of not more 
23.2 	than $100,000, or both, if the property is a firearm, or the value of the property or services 
23.3 	stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause 
23.4 	(3), (4), (15), or (16); or
23.5 	(2) to imprisonment for not more than ten years or to payment of a fine of not more 
23.6 	than $20,000, or both, if the value of the property or services stolen exceeds $2,500
23.7 	$5,000, or if the property stolen was an article representing a trade secret, an explosive or 
23.8 	incendiary device, or a controlled substance listed in schedule I or II pursuant to section  
23.9 	152.02 with the exception of marijuana; or 
23.10 	(3) to imprisonment for not more than five years or to payment of a fine of not 
23.11 	more than $10,000, or both, if:
23.12 	(a) the value of the property or services stolen is more than $500 $1,000 but not 
23.13 	more than $2,500 $5,000; or
23.14 	(b) the property stolen was a controlled substance listed in schedule III, IV, or V 
23.15 	pursuant to section  152.02; or 
23.16 	(c) the value of the property or services stolen is more than $250 $500 but not more 
23.17 	than $500 $1,000 and the person has been convicted within the preceding five years for an 
23.18 	offense under this section, section  256.98;  268.182;  609.24;  609.245;  609.53;  609.582, 
23.19 	subdivision 1, 2, or 3;  609.625;  609.63;  609.631; or  609.821, or a statute from another 
23.20 	state, the United States, or a foreign jurisdiction, in conformity with any of those sections, 
23.21 	and the person received a felony or gross misdemeanor sentence for the offense, or a 
23.22 	sentence that was stayed under section  609.135 if the offense to which a plea was entered 
23.23 	would allow imposition of a felony or gross misdemeanor sentence; or 
23.24 	(d) the value of the property or services stolen is not more than $500 $1,000, and 
23.25 	any of the following circumstances exist:
23.26 	(i) the property is taken from the person of another or from a corpse, or grave or 
23.27 	coffin containing a corpse; or
23.28 	(ii) the property is a record of a court or officer, or a writing, instrument or record 
23.29 	kept, filed or deposited according to law with or in the keeping of any public officer or 
23.30 	office; or
23.31 	(iii) the property is taken from a burning, abandoned, or vacant building or upon its 
23.32 	removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, 
23.33 	or the proximity of battle; or
23.34 	(iv) the property consists of public funds belonging to the state or to any political 
23.35 	subdivision or agency thereof; or
23.36 	(v) the property stolen is a motor vehicle; or
24.1 	(4) to imprisonment for not more than one year or to payment of a fine of not more 
24.2 	than $3,000, or both, if the value of the property or services stolen is more than $250 $500
24.3 	but not more than $500 $1,000; or
24.4 	(5) in all other cases where the value of the property or services stolen is $250
24.5 	$500 or less, to imprisonment for not more than 90 days or to payment of a fine of not 
24.6 	more than $1,000, or both, provided, however, in any prosecution under subdivision 2, 
24.7 	clauses (1), (2), (3), (4), and (13), the value of the money or property or services received 
24.8 	by the defendant in violation of any one or more of the above provisions within any 
24.9 	six-month period may be aggregated and the defendant charged accordingly in applying 
24.10 	the provisions of this subdivision; provided that when two or more offenses are committed 
24.11 	by the same person in two or more counties, the accused may be prosecuted in any county 
24.12 	in which one of the offenses was committed for all of the offenses aggregated under 
24.13 	this paragraph.

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

24.16 	Sec. 28. Minnesota Statutes 2004, section 609.535, subdivision 2a, is amended to read:
24.17 		Subd. 2a.Penalties. (a) A person who is convicted of issuing a dishonored check 
24.18 	under subdivision 2 may be sentenced as follows:
24.19 	(1) to imprisonment for not more than five years or to payment of a fine of not more 
24.20 	than $10,000, or both, if the value of the dishonored check, or checks aggregated under 
24.21 	paragraph (b), is more than $500 $1,000;
24.22 	(2) to imprisonment for not more than one year or to payment of a fine of not more 
24.23 	than $3,000, or both, if the value of the dishonored check, or checks aggregated under 
24.24 	paragraph (b), is more than $250 $500 but not more than $500 $1,000; or
24.25 	(3) to imprisonment for not more than 90 days or to payment of a fine of not more 
24.26 	than $1,000, or both, if the value of the dishonored check, or checks aggregated under 
24.27 	paragraph (b), is not more than $250 $500.
24.28 	(b) In a prosecution under this subdivision, the value of dishonored checks issued 
24.29 	by the defendant in violation of this subdivision within any six-month period may be 
24.30 	aggregated and the defendant charged accordingly in applying this section. When two or 
24.31 	more offenses are committed by the same person in two or more counties, the accused 
24.32 	may be prosecuted in any county in which one of the dishonored checks was issued for all 
24.33 	of the offenses aggregated under this paragraph.

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

25.3 	Sec. 29. Minnesota Statutes 2004, section 609.595, subdivision 1, is amended to read:
25.4 		Subdivision 1.Criminal damage to property in the first degree. Whoever 
25.5 	intentionally causes damage to physical property of another without the latter's consent 
25.6 	may be sentenced to imprisonment for not more than five years or to payment of a fine of 
25.7 	not more than $10,000, or both, if:
25.8 	(1) the damage to the property caused a reasonably foreseeable risk of bodily 
25.9 	harm; or
25.10 	(2) the property damaged belongs to a common carrier and the damage impairs the 
25.11 	service to the public rendered by the carrier; or
25.12 	(3) the damage reduces the value of the property by more than $500 $1,000 measured 
25.13 	by the cost of repair and replacement; or
25.14 	(4) the damage reduces the value of the property by more than $250 $500 measured 
25.15 	by the cost of repair and replacement and the defendant has been convicted within the 
25.16 	preceding three years of an offense under this subdivision or subdivision 2.
25.17 	In any prosecution under clause (3), the value of any property damaged by the 
25.18 	defendant in violation of that clause within any six-month period may be aggregated and 
25.19 	the defendant charged accordingly in applying the provisions of this section; provided that 
25.20 	when two or more offenses are committed by the same person in two or more counties, the 
25.21 	accused may be prosecuted in any county in which one of the offenses was committed for 
25.22 	all of the offenses aggregated under this paragraph.

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

25.25 	Sec. 30. Minnesota Statutes 2004, section 609.595, subdivision 2, is amended to read:
25.26 		Subd. 2.Criminal damage to property in the third degree. (a) Except as 
25.27 	otherwise provided in subdivision 1a, whoever intentionally causes damage to another 
25.28 	person's physical property without the other person's consent may be sentenced to 
25.29 	imprisonment for not more than one year or to payment of a fine of not more than $3,000, 
25.30 	or both, if the damage reduces the value of the property by more than $250 $500 but not 
25.31 	more than $500 $1,000 as measured by the cost of repair and replacement.
25.32 	(b) Whoever intentionally causes damage to another person's physical property 
25.33 	without the other person's consent because of the property owner's or another's actual 
25.34 	or perceived race, color, religion, sex, sexual orientation, disability as defined in section  
26.1 	363A.03, age, or national origin may be sentenced to imprisonment for not more than one 
26.2 	year or to payment of a fine of not more than $3,000, or both, if the damage reduces the 
26.3 	value of the property by not more than $250 $500. 
26.4 	(c) In any prosecution under paragraph (a), the value of property damaged by the 
26.5 	defendant in violation of that paragraph within any six-month period may be aggregated 
26.6 	and the defendant charged accordingly in applying this section. When two or more 
26.7 	offenses are committed by the same person in two or more counties, the accused may 
26.8 	be prosecuted in any county in which one of the offenses was committed for all of the 
26.9 	offenses aggregated under this paragraph.

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

26.12 	Sec. 31. Minnesota Statutes 2004, section 609.748, subdivision 6, is amended to read:
26.13 		Subd. 6.Violation of restraining order. (a) A person who violates a restraining 
26.14 	order issued under this section is subject to the penalties provided in paragraphs (b) to (d).
26.15 	(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary 
26.16 	restraining order or a restraining order is granted under this section and the respondent 
26.17 	knows of the order, violation of the order is a misdemeanor.
26.18 	(c) A person is guilty of a gross misdemeanor who knowingly violates the order 
26.19 	during the time period betweenwithin ten years of  a previous qualified domestic 
26.20 	violence-related offense conviction and the end of the five years following discharge from 
26.21 	sentence for that offense or adjudication of delinquency.
26.22 	(d) A person is guilty of a felony and may be sentenced to imprisonment for not 
26.23 	more than five years or to payment of a fine of not more than $10,000, or both, if the 
26.24 	person knowingly violates the order:
26.25 	(1) during the time period betweenwithin ten years of  the first of two or more 
26.26 	previous qualified domestic violence-related offense convictions and the end of the five 
26.27 	years following discharge from sentence for that offense or adjudications of delinquency;
26.28 	(2) because of the victim's or another's actual or perceived race, color, religion, sex, 
26.29 	sexual orientation, disability as defined in section  363A.03, age, or national origin; 
26.30 	(3) by falsely impersonating another;
26.31 	(4) while possessing a dangerous weapon;
26.32 	(5) with an intent to influence or otherwise tamper with a juror or a judicial 
26.33 	proceeding or with intent to retaliate against a judicial officer, as defined in section  
26.34 	609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's 
26.35 	performance of official duties in connection with a judicial proceeding; or 
27.1 	(6) against a victim under the age of 18, if the respondent is more than 36 months 
27.2 	older than the victim.
27.3 	(e) A peace officer shall arrest without a warrant and take into custody a person 
27.4 	whom the peace officer has probable cause to believe has violated an order issued under 
27.5 	subdivision 4 or 5 if the existence of the order can be verified by the officer.
27.6 	(f) A violation of a temporary restraining order or restraining order shall also 
27.7 	constitute contempt of court.
27.8 	(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested 
27.9 	party designated by the court, alleging that the respondent has violated an order issued 
27.10 	under subdivision 4 or 5, the court may issue an order to the respondent requiring the 
27.11 	respondent to appear within 14 days and show cause why the respondent should not be 
27.12 	held in contempt of court. The court also shall refer the violation of the order to the 
27.13 	appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).

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

27.16 	Sec. 32. Minnesota Statutes 2004, section 609.749, subdivision 4, is amended to read:
27.17 		Subd. 4.Second or subsequent violations; felony. (a) A person is guilty of a 
27.18 	felony who violates any provision of subdivision 2 during the time period between
27.19 	within ten years of a previous qualified domestic violence-related offense conviction 
27.20 	or adjudication of delinquency and the end of the ten years following discharge from 
27.21 	sentence or disposition for that offense, and may be sentenced to imprisonment for not 
27.22 	more than five years or to payment of a fine of not more than $10,000, or both.
27.23 	(b) A person is guilty of a felony who violates any provision of subdivision 2 during 
27.24 	the time period betweenwithin ten years of the first of two or more previous qualified 
27.25 	domestic violence-related offense convictions or adjudications of delinquency and the 
27.26 	end of ten years following discharge from sentence or disposition for that offense, and 
27.27 	may be sentenced to imprisonment for not more than ten years or to payment of a fine of 
27.28 	not more than $20,000, or both.

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

27.31 	Sec. 33. [609.8935] UNLAWFUL CONDUCT RELATING TO TELEPHONE 
27.32 	RECORDS.
28.1 		Subdivision 1.Definitions. (a) As used in this section, the following terms have 
28.2 	the meanings given. 
28.3 	(b) "Customer" means a person or other entity that subscribes to telephone service 
28.4 	from a telephone company. 
28.5 	(c) "Procure" means to obtain by any means, whether electronically, in writing, or in 
28.6 	oral form, with or without consideration. 
28.7 	(d) "Telephone company" means any person or other entity that provides commercial 
28.8 	telephone service to a customer, irrespective of the communications technology used to 
28.9 	provide the service, including, but not limited to, traditional wireline or cable telephone 
28.10 	service; cellular, broadband PCS, or other wireless telephone service; microwave, satellite, 
28.11 	or other terrestrial telephone service; and voice over Internet telephone service. 
28.12 	(e) "Telephone records" include information retained by a telephone company that 
28.13 	relates to the telephone number dialed from a customer's telephone, or the incoming call 
28.14 	directed to a customer's telephone, or other data related to calls typically contained on 
28.15 	a customer's telephone bill, including, but not limited to, the time the call started and 
28.16 	ended, the duration of the call, the time of day the call was made, and any charges applied. 
28.17 	However, for the purposes of this section, any information collected and retained by 
28.18 	customers utilizing caller ID, or other similar technology, does not constitute a telephone 
28.19 	record. 
28.20 		Subd. 2.Crime defined; penalty.  (a) A person commits the crime of unlawful 
28.21 	conduct relating to telephone records if the person: 
28.22 	(1) knowingly procures a telephone record of another without that person's 
28.23 	authorization or by fraudulent, deceptive, or false means; 
28.24 	(2) knowingly sells a telephone record of another without that person's authorization; 
28.25 	or 
28.26 	(3) receives a telephone record of another knowing that the record has been obtained 
28.27 	without that person's authorization or by fraudulent, deceptive, or false means. 
28.28 	(b) A person who violates this subdivision may be sentenced to: 
28.29 	(1) imprisonment for not more than one year or to payment of a fine of not more 
28.30 	than $3,000, or both, if the violation involves a single telephone record; 
28.31 	(2) imprisonment for not more than two years or to payment of a fine of not more 
28.32 	than $20,000, or both, if the violation involves at least two and no more than ten telephone 
28.33 	records; or 
28.34 	(3) imprisonment for not more than five years or to payment of a fine of not more 
28.35 	than $50,000, or both, if the violation involves more than ten telephone records. 
28.36 		Subd. 3.Exceptions.  The penalties in this section do not apply to: 
29.1 	(1) peace officers or employees or agents of law enforcement agencies acting in 
29.2 	the official course of their duties; 
29.3 	(2) individuals acting pursuant to a valid court order, warrant, or subpoena; 
29.4 	(3) employees or agents of telephone companies acting: 
29.5 	(i) as otherwise authorized by law; 
29.6 	(ii) with the lawful consent of the customer; 
29.7 	(iii) as may be necessarily incident to the rendition of the service to initiate, render, 
29.8 	bill, and collect customer charges, or to the protection of the rights or property of the 
29.9 	provider of that service, or to protect users of those services and other companies from 
29.10 	fraudulent, abusive, or unlawful use of, or subscription to, these services; 
29.11 	(iv) in cooperation with a governmental entity, if the telephone company reasonably 
29.12 	believes that an emergency involving immediate danger of death or serious physical injury 
29.13 	to any person justifies disclosure of the information;
29.14 	(v) in cooperation with the National Center for Missing and Exploited Children, 
29.15 	in connection with a report submitted to it under United States Code, title 42, section 
29.16 	13032; or
29.17 	(vi) in connection with the sale or transfer of all or part of the company's business, 
29.18 	or the purchase or acquisition of a portion or all of a business, or the migration of a 
29.19 	customer from one company to another.

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

29.22 	Sec. 34. Minnesota Statutes 2004, section 611A.0315, is amended to read:
29.23 	611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; 
29.24 	HARASSMENT.
29.25 		Subdivision 1.Notice of decision not to prosecute. (a) A prosecutor shall make 
29.26 	every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct 
29.27 	offense, or harassment that the prosecutor has decided to decline prosecution of the case 
29.28 	or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim 
29.29 	should include, in order of priority: (1) contacting the victim or a person designated by the 
29.30 	victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody, 
29.31 	the notification attempt shall be made before the suspect is released from custody.
29.32 	(b) Whenever a prosecutor dismisses criminal charges against a person accused of 
29.33 	domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made 
30.1 	of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the 
30.2 	witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
30.3 	(c) Whenever a prosecutor notifies a victim of domestic assault or harassment under 
30.4 	this section, the prosecutor shall also inform the victim of the method and benefits of 
30.5 	seeking an order for protection under section  518B.01 or a restraining order under section  
30.6 	609.748 and that the victim may seek an order without paying a fee. 
30.7 		Subd. 2.Definitions. For the purposes of this section, the following terms have 
30.8 	the meanings given them.
30.9 	(a) "Assault" has the meaning given it in section  609.02, subdivision 10. 
30.10 	(b) "Domestic assault" means an assault committed by the actor against a family or 
30.11 	household member.
30.12 	(c) "Family or household member" has the meaning given it in section  518B.01, 
30.13 	subdivision 2.
30.14 	(d) "Harassment" means a violation of section  609.749. 
30.15 	(e) "Criminal sexual conduct" means a violation of sections 609.342 to 609.3453.

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

30.17 	Sec. 35. Minnesota Statutes 2004, section 617.246, is amended by adding a subdivision 
30.18 	to read:
30.19 		Subd. 7.Conditional release term. Notwithstanding the statutory maximum 
30.20 	sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 
30.21 	when a court commits a person to the custody of the commissioner of corrections for 
30.22 	violating this section, the court shall provide that after the person has completed the 
30.23 	sentence imposed, the commissioner shall place the person on conditional release for 
30.24 	five years, minus the time the offender served on supervised release. If the person has 
30.25 	previously been convicted of a violation of this section, section 609.342, 609.343, 
30.26 	609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United 
30.27 	States, this state, or any state, the commissioner shall place the person on conditional 
30.28 	release for ten years, minus the time the offender served on supervised release. The terms 
30.29 	of conditional release are governed by section 609.3455, subdivision 8.

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

30.32 	Sec. 36. Minnesota Statutes 2004, section 617.247, is amended by adding a subdivision 
30.33 	to read:
31.1 		Subd. 9.Conditional release term. Notwithstanding the statutory maximum 
31.2 	sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 
31.3 	when a court commits a person to the custody of the commissioner of corrections for 
31.4 	violating this section, the court shall provide that after the person has completed the 
31.5 	sentence imposed, the commissioner shall place the person on conditional release for 
31.6 	five years, minus the time the offender served on supervised release. If the person has 
31.7 	previously been convicted of a violation of this section, section 609.342, 609.343, 
31.8 	609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United 
31.9 	States, this state, or any state, the commissioner shall place the person on conditional 
31.10 	release for ten years, minus the time the offender served on supervised release. The terms 
31.11 	of conditional release are governed by section 609.3455, subdivision 8.

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

31.14 	Sec. 37. Laws 2005, chapter 136, article 16, section 3, the effective date, is amended to 
31.15 	read:
31.16 	EFFECTIVE DATE. This section is effective the day  following final enactment 
31.17 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
31.18 	sought on or  after that date.  This section expires February 1, 2007. 

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

31.20 	Sec. 38. Laws 2005, chapter 136, article 16, section 4, the effective date, is amended to 
31.21 	read:
31.22 	EFFECTIVE DATE. This section is effective the day  following final enactment 
31.23 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
31.24 	sought on or  after that date.  This section expires February 1, 2007. 

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

31.26 	Sec. 39. Laws 2005, chapter 136, article 16, section 5, the effective date, is amended to 
31.27 	read:
31.28 	EFFECTIVE DATE. This section is effective the day  following final enactment 
31.29 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
31.30 	sought on or  after that date.  This section expires February 1, 2007. 

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

32.1 	Sec. 40. Laws 2005, chapter 136, article 16, section 6, the effective date, is amended to 
32.2 	read:
32.3 	EFFECTIVE DATE. This section is effective the day  following final enactment 
32.4 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
32.5 	sought on or  after that date.  This section expires February 1, 2007. 

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

32.7 	Sec. 41. COLLATERAL CONSEQUENCES COMMITTEE.
 32.8 		Subdivision 1.Establishment; duties. A collateral consequences committee 
32.9 	is established to study collateral consequences of adult convictions and juvenile 
32.10 	adjudications. The committee shall identify the uses of collateral consequences of 
32.11 	convictions and adjudications and recommend any proposed changes to the legislature on 
32.12 	collateral consequences.
32.13 		Subd. 2.Resources. The Department of Corrections shall provide technical 
32.14 	assistance to the committee on request, with the assistance of the commissioner of public 
32.15 	safety and the Sentencing Guidelines Commission.
32.16 		Subd. 3.Membership. The committee consists of:
32.17 	(1) one representative from each of the following groups:
32.18 	(i) crime victim advocates, appointed by the commissioner of public safety;
32.19 	(ii) county attorneys, appointed by the Minnesota County Attorneys Association;
32.20 	(iii) city attorneys, appointed by the League of Minnesota Cities;
32.21 	(iv) district court judges, appointed by the Judicial Council;
32.22 	(v) private criminal defense attorneys, appointed by the Minnesota Association of 
32.23 	Criminal Defense Lawyers;
32.24 	(vi) probation officers, appointed by the Minnesota Association of County Probation 
32.25 	Officers; and
32.26 	(vii) the state public defender or a designee; and
32.27 	(2) the commissioner of public safety, or a designee, who shall chair the group.
32.28 		Subd. 4.Report and recommendations. The committee shall present the 
32.29 	legislature with its report and recommendations no later than January 15, 2007. The 
32.30 	report must be presented to the chairs of the senate Crime Prevention and Public Safety 
32.31 	Committee and the house Public Safety and Finance Committee.

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

32.33 	Sec. 42. SENTENCING GUIDELINES MODIFICATIONS.
 33.1 	(a) Except as provided in paragraph (b), the modifications related to sex offenses 
33.2 	proposed by the Minnesota Sentencing Guidelines Commission and described in the 
33.3 	January 2006 Report to the Legislature, pages 31 to 45, are adopted and take effect on 
33.4 	August 1, 2006.
33.5 	(b) The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1, 
33.6 	clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and (l), are rejected 
33.7 	and do not take effect.
33.8 	(c) The commission is requested to rank violations of:
33.9 	(1) Minnesota Statutes, section 609.344, subdivision 1, clauses (h), (i), and (l), 
33.10 	at severity level C; 
33.11 	(2) Minnesota Statutes, section 609.344, subdivision 1, clause (a), at severity level D;
33.12 	(3) Minnesota Statutes, section 609.345, subdivision 1, clauses (h), (i), and (l), 
33.13 	at severity level E; and 
33.14 	(4) Minnesota Statutes, section 609.345, subdivision 1, clause (a), at severity level F.
33.15 	(d) If the commission decides to make the changes requested in paragraph (c), it 
33.16 	shall ensure that the changes are effective on August 1, 2006, and publish an updated 
33.17 	version of the sentencing guidelines that include the changes by that date.

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

33.19 	Sec. 43. REVISOR'S INSTRUCTION.
 33.20 	When appropriate, the revisor of statutes shall replace statutory references to 
33.21 	Minnesota Statutes, section 609.108, with references to section 609.3455, subdivision 3a.

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

33.23 	Sec. 44.  REPEALER.
 33.24 	Minnesota Statutes 2004, sections 488A.03, subdivision 11b; 609.108, subdivision 
33.25 	5; and 609.109, subdivisions 1 and 3, and Minnesota Statutes 2005 Supplement, sections 
33.26 	609.108, subdivisions 1, 3, 4, 6, and 7; and 609.109, subdivisions 2, 4, 5, and 6, are 
33.27 	repealed.

33.28 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to 
33.29 	crimes committed on or after that date, except for the repeal of Minnesota Statutes, section 
33.30 	488A.03, subdivision 11b, which is effective July 1, 2006.

34.1 	ARTICLE 2
34.2 	CONTROLLED SUBSTANCES, DWI, AND TRAFFIC SAFETY PROVISIONS

34.3 	Section 1. Minnesota Statutes 2004, section 152.01, subdivision 18, is amended to read:
34.4 		Subd. 18.Drug paraphernalia.  (a) Except as otherwise provided in paragraph (b), 
34.5 	"drug paraphernalia" means all equipment, products, and materials of any kind, except 
34.6 	those items used in conjunction with permitted uses of controlled substances under this 
34.7 	chapter or the Uniform Controlled Substances Act, which are knowingly or intentionally 
34.8 	used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting, 
34.9 	inhaling, or otherwise introducing into the human body a controlled substance, (3) testing 
34.10 	the strength, effectiveness, or purity of a controlled substance, or (4) enhancing the effect 
34.11 	of a controlled substance.
34.12 	(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or 
34.13 	sale of hypodermic needles or syringes in accordance with section 151.40, subdivision 2.

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

34.16 	Sec. 2. Minnesota Statutes 2004, section 152.093, is amended to read:
34.17 	152.093  MANUFACTURE OR DELIVERY SALE OF DRUG 
34.18 	PARAPHERNALIA PROHIBITED.
34.19 		Subdivision 1.Sales generally. (a) It is unlawful for any person knowingly or 
34.20 	intentionally to deliver sell drug paraphernalia or knowingly or intentionally to possess or 
34.21 	manufacture drug paraphernalia for delivery, knowing or having reason to know, that the 
34.22 	item will be used primarily to:
34.23 	(1) manufacture a controlled substance;
34.24 	(2) inject, ingest, inhale, or otherwise introduce into the human body a controlled 
34.25 	substance;
34.26 	(3) test the strength, effectiveness, or purity of a controlled substance; or 
34.27 	(4) enhance the effect of a controlled substance.
34.28 	(b) Any violation of this section subdivision is a misdemeanor.
34.29 		Subd. 2.Sales to minor. Any person 18 years of age or older who violates 
34.30 	subdivision 1 by selling drug paraphernalia to a person under 18 years of age who is at 
34.31 	least three years younger is guilty of a gross misdemeanor.

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

35.1 	Sec. 3. [152.0955] PROHIBITION ON POSSESSION OF CERTAIN ITEMS 
35.2 	ASSOCIATED WITH CONTROLLED SUBSTANCE USE.
35.3 		Subdivision 1.Definitions. As used in this section, the following terms have the 
35.4 	meanings given:
35.5 	(1) "bong" means any pipe or smoking device, commonly referred to as a bong or 
35.6 	water bong, having one tube that attaches to or is part of the pipe or device, that allows for 
35.7 	a smoked product to be drawn from a reservoir or bowl, through a quantity of water or 
35.8 	other liquid substance, or through another tube or opening on the pipe or device;
35.9 	(2) "dugout" means a storage device, commonly referred to as a dugout, designed 
35.10 	with separate reservoirs for marijuana and a one-hit pipe;
35.11 	(3) "glass pipe" means any pipe or smoking device that is made of glass and that has 
35.12 	a reservoir capable of holding controlled substances for ingestion;
35.13 	(4) "marijuana pipe" means any pipe or smoking device, except for a traditional 
35.14 	pipe, that is made of solid material, including ivory, onyx, glass, metal, stone, or any other 
35.15 	material, having a reservoir and a direct channel or a channel filtered by a screen, leading 
35.16 	to an open end, commonly known as a bowl;
35.17 	(5) "one-hit pipe" means any pipe or smoking device that consists of a reservoir on 
35.18 	one end, with a direct channel or a channel filtered by a screen that leads to the opposite 
35.19 	end, designed as a linear device, and without a separately attached bowl or reservoir; and 
35.20 	(6) "traditional pipe" means a smoking device that has a sole use for consumption of 
35.21 	tobacco, not containing a screen in the bowl section, such as a corncob pipe.
35.22 		Subd. 2.Possession prohibited. A person who knowingly possesses a bong, 
35.23 	dugout, glass pipe, marijuana pipe, or one-hit pipe is guilty of a petty misdemeanor.

35.24 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to acts 
35.25 	committed on or after that date.

35.26 	Sec. 4. Minnesota Statutes 2004, section 152.18, subdivision 1, is amended to read:
35.27 		Subdivision 1.Deferring prosecution for certain first time drug offenders. If any 
35.28 	person who has not previously participated in or completed a diversion program authorized 
35.29 	under section  401.065 or who has not previously been placed on probation without a 
35.30 	judgment of guilty and thereafter been discharged from probation under this section is 
35.31 	found guilty of a violation of section  152.024, subdivision 2,  152.025, subdivision 2, or  
35.32 	152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial or upon 
35.33 	a plea of guilty, and the court determines that the violation does not qualify as a subsequent 
35.34 	controlled substance conviction under section  152.01, subdivision 16a, the court may shall, 
35.35 	without entering a judgment of guilty and with the consent of the person, either (1) defer 
36.1 	further proceedings and place the person on probation upon such reasonable conditions 
36.2 	as it may require and for a period, not to exceed the maximum sentence provided for the 
36.3 	violation. The court or (2) state in writing the reason why a deferral is inappropriate. If the 
36.4 	court grants a deferral, it may give the person the opportunity to attend and participate 
36.5 	in an appropriate program of education regarding the nature and effects of alcohol and 
36.6 	drug abuse as a stipulation of probation. Upon violation of a condition of the probation, 
36.7 	the court may enter an adjudication of guilt and proceed as otherwise provided. The 
36.8 	court may, in its discretion, dismiss the proceedings against the person and discharge the 
36.9 	person from probation before the expiration of the maximum period prescribed for the 
36.10 	person's probation. If during the period of probation the person does not violate any of the 
36.11 	conditions of the probation, then upon expiration of the period the court shall discharge the 
36.12 	person and dismiss the proceedings against that person. Discharge and dismissal under this 
36.13 	subdivision shall be without court adjudication of guilt, but a not public record of it shall 
36.14 	be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts 
36.15 	in determining the merits of subsequent proceedings against the person. The not public 
36.16 	record may also be opened only upon court order for purposes of a criminal investigation, 
36.17 	prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections 
36.18 	authorities, the bureau shall notify the requesting party of the existence of the not public 
36.19 	record and the right to seek a court order to open it pursuant to this section. The court shall 
36.20 	forward a record of any discharge and dismissal under this subdivision to the bureau which 
36.21 	shall make and maintain the not public record of it as provided under this subdivision. The 
36.22 	discharge or dismissal shall not be deemed a conviction for purposes of disqualifications 
36.23 	or disabilities imposed by law upon conviction of a crime or for any other purpose. 
36.24 	For purposes of this subdivision, "not public" has the meaning given in section  
36.25 	13.02, subdivision 8a. 

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

36.27 	Sec. 5. Minnesota Statutes 2004, section 169A.24, subdivision 1, is amended to read:
36.28 		Subdivision 1.Degree described. A person who violates section  169A.20 (driving 
36.29 	while impaired) is guilty of first-degree driving while impaired if the person: 
36.30 	(1) commits the violation within ten years of the first of three or more qualified 
36.31 	prior impaired driving incidents; or
36.32 	(2) has previously been convicted of a felony under this section; or
36.33 	(3) has previously been convicted of a felony under section 609.21, subdivision 1, 
36.34 	clause (2), (3), (4), (5), or (6); subdivision 2, clause (2), (3), (4), (5), or (6); subdivision 2a, 
37.1 	clause (2), (3), (4), (5), or (6); subdivision 3, clause (2), (3), (4), (5), or (6); or subdivision 
37.2 	4, clause (2), (3), (4), (5), or (6).

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

37.5 	Sec. 6. Minnesota Statutes 2004, section 169A.70, is amended by adding a subdivision 
37.6 	to read:
37.7 		Subd. 8. Court's authority to require assessments in other instances.  A court 
37.8 	having jurisdiction over a person in a juvenile, criminal, or civil commitment proceeding 
37.9 	may order that the person submit to a chemical use assessment under this section if the 
37.10 	court has reason to believe that the person may have a chemical dependency problem. 

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

37.13 	Sec. 7. Minnesota Statutes 2005 Supplement, section 171.18, subdivision 1, is 
37.14 	amended to read:
37.15 		Subdivision 1.Offenses. (a) The commissioner may suspend the license of a driver 
37.16 	without preliminary hearing upon a showing by department records or other sufficient 
37.17 	evidence that the licensee:
37.18 	(1) has committed an offense for which mandatory revocation of license is required 
37.19 	upon conviction;
37.20 	(2) has been convicted by a court for violating a provision of chapter 169 or 
37.21 	an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and 
37.22 	department records show that the violation contributed in causing an accident resulting in 
37.23 	the death or personal injury of another, or serious property damage;
37.24 	(3) is an habitually reckless or negligent driver of a motor vehicle;
37.25 	(4) is an habitual violator of the traffic laws;
37.26 	(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
37.27 	(6) has permitted an unlawful or fraudulent use of the license;
37.28 	(7) has committed an offense in another state that, if committed in this state, would 
37.29 	be grounds for suspension;
37.30 	(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), 
37.31 	within five years of a prior conviction under that section;
38.1 	(9) has committed a violation of section 171.22, except that the commissioner may 
38.2 	not suspend a person's driver's license based solely on the fact that the person possessed a 
38.3 	fictitious or fraudulently altered Minnesota identification card;
38.4 	(10) has failed to appear in court as provided in section 169.92, subdivision 4;
38.5 	(11) has failed to report a medical condition that, if reported, would have resulted in 
38.6 	cancellation of driving privileges;
38.7 	(12) has been found to have committed an offense under section 169A.33; or
38.8 	(13) has paid or attempted to pay a fee required under this chapter for a license or 
38.9 	permit by means of a dishonored check issued to the state or a driver's license agent, 
38.10 	which must be continued until the registrar determines or is informed by the agent that 
38.11 	the dishonored check has been paid in full.
38.12 	However, an action taken by the commissioner under clause (2) or (5) must conform to 
38.13 	the recommendation of the court when made in connection with the prosecution of the 
38.14 	licensee.
38.15 	(b) The commissioner may not suspend the driver's license of an individual under 
38.16 	paragraph (a) who was convicted of a violation of section 171.24, subdivision 1, whose 
38.17 	license was under suspension at the time solely because of the individual's failure to 
38.18 	appear in court or failure to pay a fine.

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

38.20 	Sec. 8.  REPEALER.
 38.21 	Minnesota Statutes 2004, section 152.094, is repealed.

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

38.24 	ARTICLE 3
38.25 	PUBLIC SAFETY POLICY

38.26 	Section 1. [4.055] GOVERNOR'S RESIDENCE EMPLOYEES AND 
38.27 	GOVERNOR APPOINTEE BACKGROUND CHECKS.
38.28 	The governor's office may request a check of:
38.29 	(1) systems accessible through the criminal justice data communications network, 
38.30 	including, but not limited to, criminal history, predatory offender registration, warrants, 
38.31 	and driver license record information from the Department of Public Safety;
38.32 	(2) the statewide supervision system maintained by the Department of Corrections; 
38.33 	and
39.1 	(3) national criminal history information maintained by the Federal Bureau of 
39.2 	Investigation;
39.3 	on candidates for positions within the governor's residence or appointment by the 
39.4 	governor. The candidate shall provide the governor's office with a written authorization 
39.5 	to conduct the check of these systems. For a check of the national criminal history 
39.6 	information, the request must also include a set of fingerprints which shall be sent to 
39.7 	the Bureau of Criminal Apprehension. The bureau has the authority to exchange the 
39.8 	fingerprints with the FBI to facilitate the national background check. The superintendent 
39.9 	may recover fees associated with the background checks from the governor's office. 

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

39.11 	Sec. 2. Minnesota Statutes 2004, section 13.6905, is amended by adding a subdivision 
39.12 	to read:
39.13 		Subd. 1a.Facility security assessments and plans. Hazardous substance or oil 
39.14 	facility security assessments and plans are classified under section 115E.04, subdivision 
39.15 	4b.

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

39.17 	Sec. 3. Minnesota Statutes 2004, section 115E.01, subdivision 5, is amended to read:
39.18 		Subd. 5.Facility. "Facility" means a structure, group of structures, equipment, 
39.19 	or device, other than a vessel, that is used for one or more of the following purposes: 
39.20 	exploring for, drilling for, producing, storing, handling, transferring, processing, or 
39.21 	transporting oil or a hazardous substance. Facility includes a motor vehicle, rolling stock, 
39.22 	or pipeline used for one or more of these purposes. Facility also includes a research and 
39.23 	development laboratory, which means a specially designated area used primarily for 
39.24 	research, development, and testing activity and not primarily involved in the production of 
39.25 	goods for commercial sale. A facility may be in, on, or under land, or in, on, or under 
39.26 	waters of the state as defined in section  115.01, subdivision 22. 

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

39.28 	Sec. 4. Minnesota Statutes 2004, section 115E.01, subdivision 6, is amended to read:
39.29 		Subd. 6.Hazardous substance. "Hazardous substance" has the meaning given 
39.30 	in section  115B.02, subdivision 8. In addition, hazardous substance includes the 
40.1 	substances listed under section 112r of the Clean Air Act, as provided by Code of Federal 
40.2 	Regulations, title 40, part 68.

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

40.4 	Sec. 5. Minnesota Statutes 2004, section 115E.01, subdivision 7, is amended to read:
40.5 		Subd. 7.Lead agency. "Lead agency" means:
40.6 	(1) the Department of Agriculture, with respect to agricultural chemicals; or
40.7 	(2) the Pollution Control Agency, for other hazardous substances or oil; or
40.8 	(3) the Department of Public Safety, with respect to the security planning and 
40.9 	security measures.

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

40.11 	Sec. 6. Minnesota Statutes 2004, section 115E.01, is amended by adding a subdivision 
40.12 	to read:
40.13 		Subd. 11d.Security measure. "Security measure" means an action carried out to 
40.14 	increase the security of a facility, including employee training and background checks, 
40.15 	limitation and prevention of access to controls of the facility, protection of the perimeter 
40.16 	of the facility, installation and operation of an intrusion detection sensor, or a measure to 
40.17 	increase computer or computer network security.

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

40.19 	Sec. 7. Minnesota Statutes 2004, section 115E.01, is amended by adding a subdivision 
40.20 	to read:
40.21 		Subd. 11e.Use of inherently safer technology. "Use of inherently safer 
40.22 	technology" means the use of a technology, product, raw material, or practice that, as 
40.23 	compared with the technologies, products, raw materials, or practices currently in use, 
40.24 	reduces or eliminates the possibility of a release, and reduces or eliminates the threats to the 
40.25 	public health or safety and environment associated with the release or threatened release.

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

40.27 	Sec. 8. Minnesota Statutes 2004, section 115E.01, subdivision 13, is amended to read:
40.28 		Subd. 13.Worst case discharge. "Worst case discharge" means:
40.29 	(1) in the case of a vessel, sudden loss of the entire contents of the vessel in weather 
40.30 	conditions that impede cleanup;
41.1 	(2) for each tank of a storage tank facility, sudden loss of the entire contents of the 
41.2 	tank in weather conditions that impede cleanup;
41.3 	(3) in the case of railroad rolling stock facilities, sudden loss of the contents of the 
41.4 	maximum expected number of the rail cars containing oil or hazardous substance of a train 
41.5 	onto land or into water in weather conditions that impede cleanup;
41.6 	(4) in the case of truck and trailer rolling stock facilities, sudden loss of the entire 
41.7 	contents of the truck or trailer onto land or into water in weather conditions that impede 
41.8 	cleanup;
41.9 	(5) in the case of a pipeline facility, sudden loss of the contents of the pipeline 
41.10 	which would be expected from complete failure of the pipeline onto land or into water in 
41.11 	weather conditions that impede cleanup;
41.12 	(6) in the case of oil or hazardous substance transfer facilities, sudden loss of the 
41.13 	largest volume which could occur during transfer into or out of a facility; or
41.14 	(7) in the case of a facility with more than the threshold quantity of any substance 
41.15 	listed in Code of Federal Regulations, title 40, part 68, under section 112r of the Clean 
41.16 	Air Act, on the property at any point in the year, sudden loss of the maximum expected 
41.17 	inventory of the substances; or
41.18 	(8) the worst case discharge for the facility as described by regulations under the 
41.19 	Oil Pollution Act of 1990 if the regulations, when adopted, describe a discharge worse 
41.20 	than one described in clauses (1) to (6) (7).

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

41.22 	Sec. 9. [115E.025] DUTY TO SECURE FACILITIES.
41.23 		Subdivision 1.General security. A person who owns or operates a vessel or 
41.24 	facility transporting, storing, or otherwise handling hazardous substances or oil, or who 
41.25 	is otherwise in control of hazardous substances or oil, shall take reasonable security 
41.26 	measures to prevent the unauthorized access of persons to the facilities or to the control 
41.27 	mechanisms of the facility.
41.28 		Subd. 2.Specific security measures. The following persons shall comply with the 
41.29 	specific requirements of section 115E.04, subdivision 1a:
41.30 	(1) persons who own or operate facilities subject to Code of Federal Regulations, 
41.31 	title 40, part 68, under section 112r of the Clean Air Act, except for retail facilities at 
41.32 	which more than one-half of the income is obtained from direct sales of ammonia or 
41.33 	propane to end users; and
41.34 	(2) persons who own or operate facilities containing 1,000,000 gallons or more of 
41.35 	oil or hazardous substance in tank storage at any time.

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

42.2 	Sec. 10. Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision 
42.3 	to read:
42.4 		Subd. 1a.Security plan. Persons required to show specific security measures 
42.5 	under section 115E.025, subdivision 2, shall prepare and maintain a facility security 
42.6 	plan. The security plan must be completed in consultation with local law enforcement 
42.7 	agencies. The security plan must:
42.8 	(1) summarize the methods used and results of an assessment of vulnerability of 
42.9 	the facility to a terrorist attack or other unauthorized entry and release, the expertise 
42.10 	and affiliation of the evaluators, and any direct or indirect relationship between the 
42.11 	vulnerability evaluators and the owner or operator of the facility;
42.12 	(2) provide an inventory of the hazardous substance or oil subject to the security 
42.13 	plan, with ranges of the quantity of each substance expected to be in the facility and 
42.14 	entering and leaving the facility during the course of a year;
42.15 	(3) assess the use of inherently safer technology in reducing or eliminating the 
42.16 	vulnerability of the facility and the possibility of an unauthorized release;
42.17 	(4) describe actions and procedures, including safer design and maintenance of 
42.18 	the facility, use of inherently safer technology, and all appropriate security measures 
42.19 	undertaken to eliminate or significantly lessen the vulnerability to an unauthorized entry to 
42.20 	the facility or an unauthorized release of oil or a hazardous substance; and 
42.21 	(5) list the names of all insurance carriers underwriting the facility's environmental 
42.22 	liability and workers' compensation insurance policies and the scope of the policies, 
42.23 	including any limitations and exclusions.
42.24 	A plan submitted to the federal government under the Oil Pollution Act of 1990 or 
42.25 	prepared under any other law may be used to satisfy the security plan requirement, if the 
42.26 	information required by this subdivision is included in the plan. A community water 
42.27 	system vulnerability assessment and emergency response plan prepared under the Public 
42.28 	Health Security and Bioterrorism Preparedness and Response Act of 2002 may be used 
42.29 	to satisfy the security plan requirement.

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

42.31 	Sec. 11. Minnesota Statutes 2004, section 115E.04, subdivision 2, is amended to read:
42.32 		Subd. 2.Timing. (a) A person required to be prepared under section  115E.03, other 
42.33 	than a person who owns or operates a motor vehicle, rolling stock, or a facility that stores 
42.34 	less than 250,000 gallons of oil or a hazardous substance, shall complete the response plan 
43.1 	required by this section by March 1, 1993, unless one of the commissioners orders the 
43.2 	person to demonstrate preparedness at an earlier date under section  115E.05. 
43.3 	(b) A person who owns or operates a motor vehicle, rolling stock, or a facility 
43.4 	that stores less than 250,000 gallons of oil or a hazardous substance shall complete the 
43.5 	response plan required by this section by January 1, 1994.
43.6 	(c) A person required to prepare a security plan shall complete it within 90 days of the 
43.7 	effective date of this act. The security plan must be amended following significant change 
43.8 	in the security measures, vulnerability, or presence of hazardous substances on the facility.
43.9 	(d) Plans required under section  115E.04 or  115E.045 must be updated every three 
43.10 	years. Plans must be updated before three years following a significant discharge, upon 
43.11 	significant change in vessel or facility operation or ownership, upon significant change in 
43.12 	the national or area contingency plans under the Oil Pollution Act of 1990, or upon change 
43.13 	in the capabilities or role of a person named in a plan who has an important response role. 

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

43.15 	Sec. 12. Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision 
43.16 	to read:
43.17 		Subd. 4a.Review of security plans. (a) A person required to complete a security 
43.18 	plan under section 115E.025, subdivision 2, must submit a copy of the security plan to the 
43.19 	Department of Public Safety within five business days of its completion.
43.20 	(b) Authorized staff of the Department of Public Safety must be granted access to 
43.21 	the facility for the purpose of inspecting security measures.
43.22 	(c) Upon the request of authorized staff of the Department of Public Safety, a person 
43.23 	shall demonstrate the adequacy of the security plan and security measures by conducting 
43.24 	announced or unannounced drills, calling persons and organizations named in a security 
43.25 	plan and verifying roles and capabilities, locating and testing security measure procedures 
43.26 	or equipment, questioning facility personnel, or other means that in the judgment of the 
43.27 	commissioner or sheriff demonstrate security. Before requesting an unannounced security 
43.28 	drill, the commissioner of public safety or authorized person shall invite the county sheriff 
43.29 	to participate in or witness the drill. If an announced drill is conducted to the satisfaction 
43.30 	of the commissioner, the person conducting the security drill may not be required to 
43.31 	conduct an additional unannounced security drill in the same calendar year.

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

44.1 	Sec. 13. Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision 
44.2 	to read:
44.3 		Subd. 4b.Data. Assessments and plans prepared under this section and material 
44.4 	specifically related to preparation, review, or approval of a plan are nonpublic data as 
44.5 	defined in section 13.02, except that the data may be provided to law enforcement, 
44.6 	firefighters, members of the National Guard, or other representatives of a government 
44.7 	entity responding to a request for services at a facility that is the subject of the assessment 
44.8 	and plan.

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

44.10 	Sec. 14. Minnesota Statutes 2004, section 115E.05, subdivision 1, is amended to read:
44.11 		Subdivision 1.Amendment to plan. If one or more of the commissioners finds 
44.12 	the prevention and response plans or preparedness measures of a person do not meet the 
44.13 	requirements of this chapter, or if the commissioner of public safety finds that the security 
44.14 	plan does not meet the requirements of this chapter, the commissioner or commissioners 
44.15 	making the finding may by order require that reasonable amendments to the plan or 
44.16 	reasonable additional preventive or,  preparedness, or security  measures be implemented 
44.17 	in a timely fashion. If more than one commissioner makes the finding, the order must 
44.18 	be a joint order.

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

44.20 	Sec. 15. Minnesota Statutes 2004, section 115E.05, subdivision 2, is amended to read:
44.21 		Subd. 2.Compliance. If oil or a hazardous substance is discharged while it is 
44.22 	under the control of a person not identified in section  115E.03, subdivision 2, or in 
44.23 	section 115E.025, any one of the commissioners with appropriate jurisdiction may by 
44.24 	order require the person to comply with the prevention and response plan or security plan 
44.25 	requirements of sections  115E.03 and  115E.04 in a timely manner if: 
44.26 	(1) land, water, or air of the state is polluted or threatened; or
44.27 	(2) human life, safety, health, natural resources, or property is damaged or threatened.

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

44.29 	Sec. 16. Minnesota Statutes 2004, section 115E.08, subdivision 3, is amended to read:
44.30 		Subd. 3.Jurisdiction. Except as otherwise provided, the following agencies have 
44.31 	primary responsibility for the specified areas in carrying out the duties and authorities 
44.32 	of this chapter:
45.1 	(1) the Department of Agriculture, for agricultural chemicals;
45.2 	(2) the Department of Public Safety, for public safety and,  protection of property, 
45.3 	and security measures;
45.4 	(3) the Department of Natural Resources, for assessment and rehabilitation of water 
45.5 	resources;
45.6 	(4) the Pollution Control Agency, for all other matters subject to this chapter; and
45.7 	(5) the Department of Transportation, with respect to requirements related to the 
45.8 	packaging, labeling, placarding, routing, and written reporting on releases of hazardous 
45.9 	materials that are being transported.

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

45.11 	Sec. 17. Minnesota Statutes 2004, section 144.7401, is amended by adding a 
45.12 	subdivision to read:
45.13 		Subd. 8.Peace officer; applicability. An individual licensed as a peace officer 
45.14 	under section 626.84, subdivision 1, is considered an emergency medical services person 
45.15 	for purposes of sections 144.7401 to 144.7415 regardless of whether the officer is engaged 
45.16 	in performing emergency services.

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

45.18 	Sec. 18. Minnesota Statutes 2004, section 181.973, is amended to read:
45.19 	181.973 EMPLOYEE PUBLIC SAFETY PEER COUNSELING AND 
45.20 	DEBRIEFING.
45.21 	A person engaged in a public safety peer counseling or a public safety peer debriefing 
45.22 	shall not, without the permission of the person being debriefed or counseled, be allowed to 
45.23 	disclose any information or opinion which the peer group member or peer counselor has 
45.24 	acquired during the debriefing process. However, this does not prohibit a peer counselor 
45.25 	from disclosing information the peer counselor reasonably believes indicates that the 
45.26 	person may be a danger to self or others, if the information is used only for the purpose of 
45.27 	eliminating the danger to the person or others. Any information or opinion disclosed in 
45.28 	violation of this paragraph is not admissible as evidence in any personnel or occupational 
45.29 	licensing matter involving the person being debriefed or counseled.
45.30 	For purposes of this paragraphsection, "public safety peer counseling or debriefing" 
45.31 	means a group process oriented debriefing session, or one-to-one contact with a peer 
45.32 	counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, 
45.33 	or other persons involved with public safety emergency services, that is established by 
46.1 	any agency providing public safety emergency services and is designed to help a person 
46.2 	who has suffered an occupation-related traumatic event trauma, illness, or stress begin 
46.3 	the process of healing and effectively dealing with posttraumatic stress the person's 
46.4 	problems or the use of the peer counselor for direction with referrals to better service 
46.5 	these occupation-related issues. A "peer counselor" means someone so designated by 
46.6 	that agency.

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

46.8 	Sec. 19. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 1b, 
46.9 	is amended to read:
46.10 		Subd. 1b.Registration required. (a) A person shall register under this section if:
46.11 	(1) the person was charged with or petitioned for a felony violation of or attempt to 
46.12 	violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
46.13 	of or adjudicated delinquent for that offense or another offense arising out of the same 
46.14 	set of circumstances:
46.15 	(i) murder under section 609.185, clause (2);
46.16 	(ii) kidnapping under section 609.25;
46.17 	(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 
46.18 	609.3451, subdivision 3; or 609.3453; or
46.19 	(iv) indecent exposure under section 617.23, subdivision 3;
46.20 	(2) the person was charged with or petitioned for a violation of, or attempt to 
46.21 	violate, or aiding, abetting, or conspiracy to commit false imprisonment in violation of 
46.22 	section 609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of 
46.23 	section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of 
46.24 	section 609.352; using a minor in a sexual performance in violation of section 617.246; 
46.25 	or possessing pornographic work involving a minor in violation of section 617.247, and 
46.26 	convicted of or adjudicated delinquent for that offense or another offense arising out 
46.27 	of the same set of circumstances;
46.28 	(3) the person was sentenced as a patterned sex offender under section 609.108; or
46.29 	(4) the person was convicted of or adjudicated delinquent for, including pursuant 
46.30 	to a court martial, violating a law of the United States, including the Uniform Code of 
46.31 	Military Justice, similar to the offenses described in clause (1), (2), or (3).
46.32 	(b) A person also shall register under this section if:
46.33 	(1) the person was convicted of or adjudicated delinquent in another state for an 
46.34 	offense that would be a violation of a law described in paragraph (a) if committed in 
46.35 	this state;
47.1 	(2) the person enters this state to reside, work, or attend school, or enters this state 
47.2 	and remains for 14 days or longer; and
47.3 	(3) ten years have not elapsed since the person was released from confinement 
47.4 	or, if the person was not confined, since the person was convicted of or adjudicated 
47.5 	delinquent for the offense that triggers registration, unless the person is subject to lifetime 
47.6 	registration, in which case. If the person is required to register for life under Minnesota 
47.7 	law or the law of any other state in which the person has been convicted, adjudicated, or 
47.8 	required to register, the person shall register for life regardless of when the person was 
47.9 	released from confinement, convicted, or adjudicated delinquent.
47.10 	(c) A person also shall register under this section if the person was committed 
47.11 	pursuant to a court commitment order under section 253B.185 or Minnesota Statutes 
47.12 	1992, section 526.10, or a similar law of another state or the United States, regardless of 
47.13 	whether the person was convicted of any offense.
47.14 	(d) A person also shall register under this section if:
47.15 	(1) the person was charged with or petitioned for a felony violation or attempt to 
47.16 	violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another 
47.17 	state or the United States, or the person was charged with or petitioned for a violation of 
47.18 	any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or 
47.19 	the United States;
47.20 	(2) the person was found not guilty by reason of mental illness or mental deficiency 
47.21 	after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
47.22 	states with a guilty but mentally ill verdict; and
47.23 	(3) the person was committed pursuant to a court commitment order under section 
47.24 	253B.18 or a similar law of another state or the United States.

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

47.27 	Sec. 20. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 6, is 
47.28 	amended to read:
47.29 		Subd. 6.Registration period. (a) Notwithstanding the provisions of section 
47.30 	609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person 
47.31 	required to register under this section shall continue to comply with this section until ten 
47.32 	years have elapsed since the person initially registered in connection with the offense, or 
47.33 	until the probation, supervised release, or conditional release period expires, whichever 
47.34 	occurs later. For a person required to register under this section who is committed under 
48.1 	section 253B.18 or 253B.185, the ten-year registration period does not include the period 
48.2 	of commitment.
48.3 	(b) If a person required to register under this section fails to provide the person's 
48.4 	primary address as required by subdivision 3, paragraph (b), fails to comply with the 
48.5 	requirements of subdivision 3a, fails to provide information as required by subdivision 
48.6 	4a, or fails to return the verification form referenced in subdivision 4 within ten days, 
48.7 	the commissioner of public safety may require the person to continue to register for an 
48.8 	additional period of five years. This five-year period is added to the end of the offender's 
48.9 	registration period.
48.10 	(c) If a person required to register under this section is subsequently incarcerated 
48.11 	following a conviction for a new offense or following a revocation of probation, 
48.12 	supervised release, or conditional release for any offense, the person shall continue to 
48.13 	register until ten years have elapsed since the person was last released from incarceration 
48.14 	or until the person's probation, supervised release, or conditional release period expires, 
48.15 	whichever occurs later.
48.16 	(d) A person shall continue to comply with this section for the life of that person:
48.17 	(1) if the person is convicted of or adjudicated delinquent for any offense for which 
48.18 	registration is required under subdivision 1b, or any offense from another state or any 
48.19 	federal offense similar to the offenses described in subdivision 1b, and the person has a 
48.20 	prior conviction or adjudication for an offense for which registration was or would have 
48.21 	been required under subdivision 1b, or an offense from another state or a federal offense 
48.22 	similar to an offense described in subdivision 1b;
48.23 	(2) if the person is required to register based upon a conviction or delinquency 
48.24 	adjudication for an offense under section 609.185, clause (2), or a similar statute from 
48.25 	another state or the United States;
48.26 	(3) if the person is required to register based upon a conviction for an offense under 
48.27 	section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
48.28 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); 
48.29 	or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the 
48.30 	United States similar to the offenses described in this clause; or
48.31 	(4) if the person is required to register under subdivision 1b, paragraph (c), following 
48.32 	commitment pursuant to a court commitment under section 253B.185 or a similar law 
48.33 	of another state or the United States; or 
48.34 	(5) if the person is required to register for life under the law of any other state in 
48.35 	which the person has been previously convicted, adjudicated, or required to register.

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

49.3 	Sec. 21. [299A.85] DEATH SCENE INVESTIGATIONS.
49.4 	(a) The Department of Public Safety shall provide information to local law 
49.5 	enforcement agencies about best practices for handling death scene investigations.
49.6 	(b) The Department of Public Safety shall identify any publications or training 
49.7 	opportunities that may be available to local law enforcement agencies or law enforcement 
49.8 	officers concerning the handling of death scene investigations.

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

49.10 	Sec. 22. Minnesota Statutes 2005 Supplement, section 299C.105, subdivision 3, 
49.11 	is amended to read:
49.12 		Subd. 3.Bureau duty. (a) The bureau shall destroy the biological specimen and 
49.13 	return all records to a person who submitted a biological specimen under subdivision 1 
49.14 	but who was found not guilty of a felony. Upon the request of a person who submitted a 
49.15 	biological specimen under subdivision 1 but where was either found not guilty of a felony 
49.16 	or the charge against the person was later dismissed, the bureau shall destroy the person's 
49.17 	biological specimen and return all records to the individual.
49.18 	(b) If the bureau destroys a biological specimen under paragraph (a), the bureau shall 
49.19 	also remove the person's information from the bureau's combined DNA index system and 
49.20 	return all related records and all copies or duplicates of them.

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

49.22 	Sec. 23. [299C.156] FORENSIC LABORATORY ADVISORY BOARD.
49.23 		Subdivision 1.Membership. (a) The Forensic Laboratory Advisory Board consists 
49.24 	of the following:
49.25 	(1) the superintendent of the Bureau of Criminal Apprehension or the 
49.26 	superintendent's designee;
49.27 	(2) the commissioner of public safety or the commissioner's designee;
49.28 	(3) the commissioner of corrections or the commissioner's designee;
49.29 	(4) an individual with expertise in the field of forensic science, selected by the 
49.30 	governor;
49.31 	(5) an individual with expertise in the field of forensic science, selected by the 
49.32 	attorney general;
50.1 	(6) a faculty member of the University of Minnesota, selected by the president of 
50.2 	the university;
50.3 	(7) the state public defender or a designee;
50.4 	(8) a prosecutor, selected by the Minnesota County Attorneys Association;
50.5 	(9) a sheriff, selected by the Minnesota Sheriffs Association;
50.6 	(10) a police chief, selected by the Minnesota Chiefs of Police Association;
50.7 	(11) a judge or court administrator, selected by the chief justice of the Supreme 
50.8 	Court; and 
50.9 	(12) a criminal defense attorney, selected by the Minnesota State Bar Association.
50.10 	(b) The board shall select a chair from among its members.
50.11 	(c) Board members serve four-year terms and may be reappointed.
50.12 	(d) The board may employ staff necessary to carry out its duties.
50.13 		Subd. 2.Duties. The board may:
50.14 	(1) develop and implement a reporting system through which laboratories, facilities, 
50.15 	or entities that conduct forensic analyses report professional negligence or misconduct 
50.16 	that substantially affects the integrity of the forensic results committed by employees 
50.17 	or contractors;
50.18 	(2) encourage all laboratories, facilities, or entities that conduct forensic analyses to 
50.19 	report professional negligence or misconduct that substantially affects the integrity of the 
50.20 	forensic results committed by employees or contractors to the board; 
50.21 	(3) investigate, in a timely manner, any allegation of professional negligence or 
50.22 	misconduct that would substantially affect the integrity of the results of a forensic analysis 
50.23 	conducted by a laboratory, facility, or entity; and 
50.24 	(4) encourage laboratories, facilities, and entities that conduct forensic analyses to 
50.25 	become accredited by the American Society of Crime Laboratory Directors/Laboratory 
50.26 	Accreditation Board (ALCLD/LAB) or other appropriate accrediting body and develop 
50.27 	and implement a process for those entities to report their accreditation status to the board. 
50.28 		Subd. 3.Investigations. An investigation under subdivision 2, clause (3):
50.29 	(1) may include the preparation of a written report that identifies and describes the 
50.30 	methods and procedures used to identify:
50.31 	(i) the alleged negligence or misconduct;
50.32 	(ii) whether negligence or misconduct occurred; and
50.33 	(iii) any corrective action required of the laboratory, facility, or entity; and
50.34 	(2) may include one or more:
51.1 	(i) retrospective reexaminations of other forensic analyses conducted by the 
51.2 	laboratory, facility, or entity that may involve the same kind of negligence or misconduct; 
51.3 	and
51.4 	(ii) follow-up evaluations of the laboratory, facility, or entity to review:
51.5 	(A) the implementation of any corrective action required under clause (1), item 
51.6 	(iii); or
51.7 	(B) the conclusion of any retrospective reexamination under this clause, item (i).
51.8 		Subd. 4.Delegation of duties. The board by contract may delegate the duties 
51.9 	described in subdivision 2, clauses (1) and (3), to any person or entity that the board 
51.10 	determines to be qualified to assume those duties.
51.11 		Subd. 5.Reviews and reports are public. The board shall make all investigation 
51.12 	reports completed under subdivision 3, clause (1), available to the public. A report 
51.13 	completed under subdivision 3, clause (1), in a subsequent civil or criminal proceeding is 
51.14 	not prima facie evidence of the information or findings contained in the report.
51.15 		Subd. 6.Reports to legislature. By January 15 of each year, the board shall submit 
51.16 	any report prepared under subdivision 3, clause (1), during the preceding calendar year to 
51.17 	the governor and the legislature.
51.18 		Subd. 7.Forensic analysis processing time period guidelines. (a) By July 1, 2007, 
51.19 	the board shall recommend forensic analysis processing time period guidelines applicable 
51.20 	to the Bureau of Criminal Apprehension and other laboratories, facilities, and entities that 
51.21 	conduct forensic analyses. When adopting and recommending these guidelines and when 
51.22 	making other related decisions, the board shall consider the goals and priorities identified 
51.23 	by the presidential DNA initiative. The board shall consider the feasibility of the Bureau 
51.24 	of Criminal Apprehension completing the processing of forensic evidence submitted to it 
51.25 	by sheriffs, chiefs of police, or state or local corrections authorities. 
51.26 	(b) The bureau shall provide information to the board in the time, form, and manner 
51.27 	determined by the board and keep it informed of the most up-to-date data on the actual 
51.28 	forensic analysis processing turn around time periods. By January 15 of each year, the 
51.29 	board shall report to the legislature on these issues, including the recommendations made 
51.30 	by the board to improve turnaround times.
51.31 		Subd. 8.Forensic evidence processing deadline. The board may recommend 
51.32 	reasonable standards and deadlines for the Bureau of Criminal Apprehension to test and 
51.33 	catalog forensic evidence samples relating to alleged crimes committed, including DNA 
51.34 	analysis, in their control and possession.
51.35 		Subd. 9.Office space. The commissioner of public safety may provide adequate 
51.36 	office space and administrative services to the board.
52.1 		Subd. 10.Expenses. Section 15.059 applies to the board.
52.2 		Subd. 11.Definition. As used in this section, "forensic analysis" means a medical, 
52.3 	chemical, toxicologic, ballistic, or other expert examination or test performed on physical 
52.4 	evidence, including DNA evidence, for the purpose of determining the connection of 
52.5 	the evidence to a criminal action.

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

52.7 	Sec. 24. Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is 
52.8 	amended to read:
52.9 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
52.10 	section.
52.11 	(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located 
52.12 	in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, 
52.13 	Criminal Justice Information Systems Section. A reference in this section to "CIBRS" 
52.14 	includes the Bureau of Criminal Apprehension.
52.15 	(c) "Law enforcement agency" means a Minnesota municipal police department, 
52.16 	the Metropolitan Transit Police, the Metropolitan Airports Police, the University of 
52.17 	Minnesota Police Department, the Department of Corrections' Fugitive Apprehension 
52.18 	Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 
52.19 	the Minnesota State Patrol.

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

52.21 	Sec. 25. Minnesota Statutes 2005 Supplement, section 299C.405, is amended to read:
52.22 	299C.405 SUBSCRIPTION SERVICE.
52.23 	(a) For the purposes of this section "subscription service" means a process by which 
52.24 	law enforcement agency personnel may obtain ongoing, automatic electronic notice of any 
52.25 	contacts an individual has with any criminal justice agency.
52.26 	(b) The Department of Public Safety must not establish a subscription service 
52.27 	without prior legislative authorization; except that, the Bureau of Criminal Apprehension 
52.28 	may employ under section 299C.40 a secure subscription service designed to promote 
52.29 	and enhance officer safety during tactical operations by and between federal, state, and 
52.30 	local law enforcement agencies by notifying law enforcement agencies of conflicts where 
52.31 	multiple law enforcement operations may be occurring on the same subject or vehicle or on 
52.32 	or near the same location. The notification may include warrant executions, surveillance 
52.33 	activities, SWAT activities, undercover operations, and other investigative operations.

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

53.2 	Sec. 26. [299C.565] MISSING PERSON REPORT.
53.3 	The local law enforcement agency having jurisdiction over the location where a 
53.4 	person has been missing or was last seen has the responsibility to take a missing person 
53.5 	report from an interested party. If this location cannot be clearly and easily established, 
53.6 	the local law enforcement agency having jurisdiction over the last verified location where 
53.7 	the missing person last resided has the responsibility to take the report. 

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

53.9 	Sec. 27. Minnesota Statutes 2005 Supplement, section 299C.65, subdivision 2, is 
53.10 	amended to read:
53.11 		Subd. 2.Task force. The policy group shall appoint a task force to assist them 
53.12 	in their duties. The task force shall monitor, review, and report to the policy group on 
53.13 	CriMNet-related projects and provide oversight to ongoing operations as directed by the 
53.14 	policy group. The task force shall consist of the following members:
53.15 	(1) two sheriffs recommended by the Minnesota Sheriffs Association;
53.16 	(2) two police chiefs recommended by the Minnesota Chiefs of Police Association;
53.17 	(3) two county attorneys recommended by the Minnesota County Attorneys 
53.18 	Association;
53.19 	(4) two city attorneys recommended by the Minnesota League of Cities;
53.20 	(5) two public defenders appointed by the Board of Public Defense;
53.21 	(6) two district judges appointed by the Conference of Chief Judges, one of whom is 
53.22 	currently assigned to the juvenile court;
53.23 	(7) two community corrections administrators recommended by the Minnesota 
53.24 	Association of Counties, one of whom represents a community corrections act county;
53.25 	(8) two probation officers;
53.26 	(9) four public members, one of whom has been a victim of crime, and two who 
53.27 	are representatives of the private business community who have expertise in integrated 
53.28 	information systems and who for the purpose of meetings of the full task force may be 
53.29 	compensated pursuant to section 15.059;
53.30 	(10) two court administrators;
53.31 	(11) one member of the house of representatives appointed by the speaker of the 
53.32 	house;
53.33 	(12) one member of the senate appointed by the majority leader;
53.34 	(13) the attorney general or a designee;
54.1 	(14) two individuals recommended by the Minnesota League of Cities, one of 
54.2 	whom works or resides in greater Minnesota and one of whom works or resides in the 
54.3 	seven-county metropolitan area;
54.4 	(15) two individuals recommended by the Minnesota Association of Counties, one 
54.5 	of whom works or resides in greater Minnesota and one of whom works or resides in the 
54.6 	seven-county metropolitan area;
54.7 	(16) the director of the Sentencing Guidelines Commission;
54.8 	(17) one member appointed by the state chief information officer;
54.9 	(17) (18) one member appointed by the commissioner of public safety;
54.10 	(18) (19) one member appointed by the commissioner of corrections;
54.11 	(19) (20) one member appointed by the commissioner of administration; and
54.12 	(20) (21) one member appointed by the chief justice of the Supreme Court.
54.13 	In making these appointments, the appointing authority shall select members with 
54.14 	expertise in integrated data systems or best practices.
54.15 	The commissioner of public safety may appoint additional, nonvoting members to 
54.16 	the task force as necessary from time to time.

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

54.18 	Sec. 28. Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to read:
54.19 		Subd. 5.Appeal policy; variance. Upon application, the state fire marshal may 
54.20 	grant variances from the minimum requirements specified in the code if there is substantial 
54.21 	compliance with the provisions of the code, the safety of the public and occupants of 
54.22 	such building will not be jeopardized, and undue hardship will result to the applicant 
54.23 	unless such variance is granted. No appeal to the state fire marshal for a variance from 
54.24 	orders issued by a local fire official from the Uniform Fire Code shall be accepted until 
54.25 	the applicant has first made application to the local governing body and the local unit has 
54.26 	acted on the application. The state fire marshal shall consider the decisionany decisions 
54.27 	or recommendations of the local governing body. Any person aggrieved by a decision 
54.28 	made by the fire marshal under this subdivision may proceed before the fire marshal as 
54.29 	with a contested case in accordance with the Administrative Procedure Act.

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

54.31 	Sec. 29. [299F.50] DEFINITIONS.
54.32 		Subdivision 1.Scope. As used in sections 299F.50 to 299F.52, the terms defined in 
54.33 	this section have the meanings given them.
55.1 		Subd. 2.Installed. "Installed" means that an approved carbon monoxide alarm is 
55.2 	hard-wired into the electrical wiring, directly plugged into an electrical outlet without a 
55.3 	switch, or, if the alarm is battery-powered, attached to the wall of the dwelling.
55.4 		Subd. 3.Single and multifamily dwelling. "Single and multifamily dwelling" 
55.5 	means any building or structure which is wholly or partly used or intended to be used 
55.6 	for living or sleeping by human occupants.
55.7 		Subd. 4.Dwelling unit. "Dwelling unit" means an area meant for living or sleeping 
55.8 	by human occupants.
55.9 		Subd. 5.Approved carbon monoxide alarm. "Approved carbon monoxide alarm" 
55.10 	means a device meant for the purpose of detecting carbon monoxide that is certified by a 
55.11 	nationally recognized testing laboratory to conform to the latest Underwriters Laboratories 
55.12 	Standards (known as UL2034 standards).
55.13 		Subd. 6.Operational. "Operational" means working and in service.

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

55.18 	Sec. 30. [299F.51] REQUIREMENTS FOR CARBON MONOXIDE ALARMS.
55.19 		Subdivision 1.Generally. Every single family dwelling and every dwelling unit in 
55.20 	a multifamily dwelling must have an approved and operational carbon monoxide alarm 
55.21 	installed  within ten feet of each room lawfully used for sleeping purposes.
55.22 		Subd. 2.Owner's duties. The owner of a multifamily dwelling unit which is 
55.23 	required to be equipped with one or more approved carbon monoxide alarms must:
55.24 	(1) provide and install one approved and operational carbon monoxide alarm within 
55.25 	ten feet of each room lawfully used for sleeping; and 
55.26 	(2) replace any required carbon monoxide alarm that has been stolen, removed, 
55.27 	found missing, or rendered inoperable during a prior occupancy of the dwelling unit 
55.28 	and which has not been replaced by the prior occupant prior to the commencement of a 
55.29 	new occupancy of a dwelling unit.
55.30 		Subd. 3.Occupant's duties. The occupant of each dwelling unit in a multifamily 
55.31 	dwelling in which an approved and operational carbon monoxide alarm has been provided 
55.32 	and installed by the owner must:
55.33 	(1) keep and maintain the device in good repair; and
55.34 	(2) replace any device that is stolen, removed, missing, or rendered inoperable 
55.35 	during the occupancy of the dwelling unit.
56.1 		Subd. 4.Battery removal prohibited. No person shall remove batteries from, or in 
56.2 	any way render inoperable, a required carbon monoxide alarm.
56.3 		Subd. 5.Exceptions; certain multifamily dwellings and state-operated facilities.
 56.4 	(a) In lieu of requirements of subdivision 1, multifamily dwellings may have approved and 
56.5 	operational carbon monoxide alarms installed between 15 and 25 feet of carbon monoxide 
56.6 	producing central fixtures and equipment provided there is a centralized alarm system or 
56.7 	other mechanism for responsible parties to hear the alarm at all times. 
56.8 	(b) An owner of a multifamily dwelling that contains minimal or no sources of 
56.9 	carbon monoxide may be exempted from the requirements of subdivision 1, provided that 
56.10 	such owner certifies to the commissioner of public safety that such multifamily dwelling 
56.11 	poses no foreseeable carbon monoxide risk to the health and safety to the  dwelling units. 
56.12 	(c) The requirements of this section do not apply to facilities owned or operated 
56.13 	by the state of Minnesota.

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

56.18 	Sec. 31. [299F.52] ENFORCEMENT.
56.19 	A violation of section 299F.50 or 299F.51 subjects the owner of the single family 
56.20 	dwelling, multifamily dwelling, or dwelling unit to the same penalty and enforcement 
56.21 	mechanism provided for violations of the Uniform Fire Code provided in section 
56.22 	299F.011, subdivision 6.

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

56.27 	Sec. 32. Minnesota Statutes 2004, section 624.22, subdivision 8, is amended to read:
56.28 		Subd. 8.Suspension, revocation, or refusal to renew certification. (a) The state 
56.29 	fire marshal may suspend, revoke, or refuse to renew certification of an operator if the 
56.30 	operator has:
56.31 	(1) submitted a fraudulent application;
56.32 	(2) caused or permitted a fire or safety hazard to exist or occur during the storage, 
56.33 	transportation, handling, preparation, or use of fireworks;
57.1 	(3) conducted a display of fireworks without receipt of a permit required by the 
57.2 	state or a political subdivision;
57.3 	(4) conducted a display of fireworks with assistants who were not at least 18 years of 
57.4 	age, properly instructed, and continually supervised; or
57.5 	(5) otherwise failed to comply with any federal or state law or regulation, or the 
57.6 	guidelines, relating to fireworks.
57.7 	(b) Any person aggrieved by a decision made by the state fire marshal under this 
57.8 	subdivision may petition the state fire marshal in writing to reconsider the decision. The 
57.9 	state fire marshal shall render a decision in writing within 30 days of receipt of the 
57.10 	written request for reconsideration. Following reconsideration, the person may appeal 
57.11 	the decision to the district court.

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

57.13 	Sec. 33. MISSING ADULTS MODEL POLICY.
 57.14 	The superintendent of the Bureau of Criminal Apprehension, in consultation with 
57.15 	the Minnesota Sheriffs Association and the Minnesota Chiefs of Police Association, shall 
57.16 	develop a model policy to address law enforcement efforts and duties regarding missing 
57.17 	adults and provide training to local law enforcement agencies on this model policy. 
57.18 	By February 1, 2007, the superintendent shall report to the chairs and ranking 
57.19 	minority members of the senate and house committees and divisions having jurisdiction 
57.20 	over criminal justice policy and funding on the model policy and training.

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

57.22 	Sec. 34. POST BOARD AUDIT.
 57.23 	The Peace Officer Standards and Training Board shall conduct a training audit of its 
57.24 	practitioners, including chiefs of police and county sheriffs, to determine what training 
57.25 	is currently offered, what new training is necessary, and how it should be implemented. 
57.26 	Training topics shall include the policing of immigrant communities and racial profiling.

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

57.28 	ARTICLE 4
57.29 	CORRECTIONS

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

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

58.11 	Sec. 2. Minnesota Statutes 2004, section 241.016, subdivision 1, is amended to read:
58.12 		Subdivision 1.Biennial report. (a) The Department of Corrections shall submit a 
58.13 	performance report to the chairs and ranking minority members of the senate and house 
58.14 	committees and divisions having jurisdiction over criminal justice funding by January 
58.15 	15, 2005, and every other year thereafter. The issuance and content of the report must 
58.16 	include the following:
58.17 	(1) department strategic mission, goals, and objectives;
58.18 	(2) the department-wide per diem, adult facility-specific per diems, and an average 
58.19 	per diem, reported in a standard calculated method as outlined in the departmental policies 
58.20 	and procedures; and
58.21 	(3) department annual statistics as outlined in the departmental policies and 
58.22 	procedures; and
58.23 	(4) information about prison-based mental health programs, including, but not 
58.24 	limited to, the availability of these programs, participation rates, and completion rates.
58.25 	(b) The department shall maintain recidivism rates for adult facilities on an annual 
58.26 	basis. In addition, each year the department shall, on an alternating basis, complete a 
58.27 	recidivism analysis of adult facilities, juvenile services, and the community services 
58.28 	divisions and include a three-year recidivism analysis in the report described in paragraph 
58.29 	(a). When appropriate, the recidivism analysis must include education programs, 
58.30 	vocational programs, treatment programs, including mental health programs, industry, 
58.31 	and employment. In addition, when reporting recidivism for the department's adult and 
58.32 	juvenile facilities, the department shall report on the extent to which offenders it has 
58.33 	assessed as chemically dependent commit new offenses, with separate recidivism rates 
58.34 	reported for persons completing and not completing the department's treatment programs.

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

59.2 	Sec. 3. [241.0222] CONTRACTS WITH NEWLY CONSTRUCTED JAIL 
59.3 	FACILITIES THAT PROVIDE ACCESS TO CHEMICAL DEPENDENCY 
59.4 	TREATMENT PROGRAMS.
59.5 	Notwithstanding section 16C.05, subdivision 2, the commissioner may enter into 
59.6 	contracts, up to five years in duration, with a county or group of counties to house inmates 
59.7 	committed to the custody of the commissioner in newly constructed county or regional jail 
59.8 	facilities that provide inmates access to chemical dependency treatment programs licensed 
59.9 	by the Department of Human Services. A contract entered into under this section may 
59.10 	contain an option to renew the contract for a term of up to five years.

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

59.12 	Sec. 4. Minnesota Statutes 2005 Supplement, section 241.06, is amended by adding a 
59.13 	subdivision to read:
59.14 		Subd. 3.Substance abuse information provided to supervising corrections 
59.15 	agency.  When an offender is being released from prison, the commissioner shall provide 
59.16 	to the corrections agency that will supervise the offender prison records relating to that 
59.17 	offender's prison-based substance abuse assessments, treatment, and any other substance 
59.18 	abuse-related services provided to the offender. If the offender did not participate in 
59.19 	the prison-based substance abuse program to which the offender was directed, the 
59.20 	commissioner shall provide the supervising agency with an explanation of the reasons.

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

59.22 	Sec. 5. [241.40] PERIODIC REVIEWS OF SUBSTANCE ABUSE ASSESSMENT 
59.23 	PROCESS.
59.24 	By January 15, 2007, and at least once every three years thereafter, the commissioner 
59.25 	shall ensure that an outside entity conducts an independent review of the department's 
59.26 	prison-based substance abuse assessment activities.

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

59.28 	Sec. 6. [241.415] RELEASE PLANS; SUBSTANCE ABUSE.
59.29 	The commissioner shall cooperate with community-based corrections agencies to 
59.30 	determine how best to address the substance abuse treatment needs of offenders who are 
59.31 	being released from prison. The commissioner shall ensure that an offender's prison 
60.1 	release plan adequately addresses the offender's needs for substance abuse assessment, 
60.2 	treatment, or other services following release, within the limits of available resources.

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

60.4 	Sec. 7. [241.416] SUBSTANCE ABUSE PROGRAMS; RECORD KEEPING.
60.5 	The commissioner shall keep adequate records regarding inmate participation in 
60.6 	substance abuse treatment programs. For inmates who did not comply with directives to 
60.7 	participate in substance abuse treatment programs, these records must include the reasons 
60.8 	why the inmate did not do so.

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

60.10 	Sec. 8. [241.75] INMATE HEALTH CARE DECISIONS.
60.11 		Subdivision 1.Definitions. (a) Except as provided in paragraph (b), the definitions 
60.12 	in chapter 145C apply to this section.
60.13 	(b) "Health care" means any care, treatment, service, or procedure to maintain, 
60.14 	diagnose, or otherwise affect a person's physical or mental condition.
60.15 		Subd. 2.Health care decisions. The medical director of the Department of 
60.16 	Corrections may make a health care decision for an inmate incarcerated in a state 
60.17 	correctional facility if the inmate's attending physician determines that the inmate lacks 
60.18 	decision-making capacity and:
60.19 	(1) there is not a documented health care agent designated by the inmate or the 
60.20 	health care agent is not reasonably available to make the health care decision;
60.21 	(2) if there is a documented health care directive, the decision is consistent with 
60.22 	that directive;
60.23 	(3) the decision is consistent with reasonable medical practice and other applicable 
60.24 	law; and
60.25 	(4) the medical director has made a good-faith attempt to consult with the inmate's 
60.26 	next of kin or emergency contact person in making the decision, to the extent those 
60.27 	persons are reasonably available.
60.28 		Subd. 3.Disagreement regarding health care; guardianship petition. If the 
60.29 	medical director consults with an inmate's next of kin under subdivision 2, clause (4), and 
60.30 	the inmate's next of kin and the medical director are not in agreement with respect to a 
60.31 	health care decision, the commissioner may bring a petition under section 524.5-303 for 
60.32 	appointment of a guardian with authority to make health care decisions for the inmate.

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

61.1 	Sec. 9. Minnesota Statutes 2005 Supplement, section 244.055, subdivision 10, is 
61.2 	amended to read:
61.3 		Subd. 10.Notice. Upon receiving an offender's petition for release under 
61.4 	subdivision 2, the commissioner shall notify the prosecuting authority responsible for the 
61.5 	offender's conviction and the sentencing court. The commissioner shall give the authority 
61.6 	and court a reasonable opportunity to comment on the offender's potential release. If the 
61.7 	authority or court elects to comment, the comments must specify the reasons for the 
61.8 	authority or court's position. This subdivision applies only to offenders sentenced before 
61.9 	July 1, 2005.

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

61.11 	Sec. 10. Minnesota Statutes 2005 Supplement, section 244.055, subdivision 11, 
61.12 	is amended to read:
61.13 		Subd. 11.Sunset. This section expires July 1, 2007 2009.

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

61.15 	Sec. 11. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 8, 
61.16 	is amended to read:
61.17 		Subd. 8.Terms of conditional release; applicable to all sex offenders. (a) The 
61.18 	provisions of this subdivision relating to conditional release apply to all sex offenders 
61.19 	sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or 
61.20 	609.3453. Except as provided in this subdivision, conditional release of sex offenders is 
61.21 	governed by provisions relating to supervised release. The commissioner of corrections 
61.22 	may not dismiss an offender on conditional release from supervision until the offender's 
61.23 	conditional release term expires.
61.24 	(b) The conditions of release may include successful completion of treatment and 
61.25 	aftercare in a program approved by the commissioner, satisfaction of the release conditions 
61.26 	specified in section 244.05, subdivision 6, and any other conditions the commissioner 
61.27 	considers appropriate. The commissioner shall develop a plan to pay the cost of treatment 
61.28 	of a person released under this subdivision. The plan may include co-payments from 
61.29 	offenders, third-party payers, local agencies, or other funding sources as they are identified. 
61.30 	This section does not require the commissioner to accept or retain an offender in a 
61.31 	treatment program. Before the offender is placed on conditional release, the commissioner 
61.32 	shall notify the sentencing court and the prosecutor in the jurisdiction where the offender 
61.33 	was sentenced of the terms of the offender's conditional release. The commissioner also 
62.1 	shall make reasonable efforts to notify the victim of the offender's crime of the terms of 
62.2 	the offender's conditional release. If the offender fails to meet any condition of release, the 
62.3 	commissioner may revoke the offender's conditional release and order that the offender 
62.4 	serve all or a part of the remaining portion of the conditional release term in prison.

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

62.6 	Sec. 12. Minnesota Statutes 2004, section 631.425, subdivision 3, is amended to read:
62.7 		Subd. 3.Continuation of employment. If the person committed under this 
62.8 	section has been regularly employed, the sheriff shall arrange for a continuation of the 
62.9 	employment insofar as possible without interruption. If the person is not employed, the 
62.10 	court may designate a suitable person or agency to make reasonable efforts to secure some 
62.11 	suitable employment for that person. An inmate employed under this section must be paid 
62.12 	a fair and reasonable wage for work performed and must work at fair and reasonable hours 
62.13 	per day and per week. There must not be a fee or charge for the inmate to participate in 
62.14 	any employment under this section if the inmate is paying for the cost of the inmate's 
62.15 	maintenance under subdivision 5.

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

62.17 	Sec. 13. Minnesota Statutes 2004, section 641.265, subdivision 2, is amended to read:
62.18 		Subd. 2.Withdrawal. A county board may withdraw from cooperation in a regional 
62.19 	jail system if the county boards of all of the other cooperating counties decide, by majority 
62.20 	vote, to allow the withdrawal in accordance with the terms of a joint powers agreement. 
62.21 	With the approval of the county board of each cooperating county, the regional jail board 
62.22 	shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital 
62.23 	cost, debt service, or lease rental payments made by the county prior to withdrawal, in 
62.24 	excess of its proportionate share of benefits from the regional jail prior to withdrawal, and 
62.25 	the time and manner of making the payments. The payments shall be deemed additional 
62.26 	payments of capital cost, debt service, or lease rentals to be made proportionately by the 
62.27 	remaining counties and, when received, shall be deposited in and paid from the regional 
62.28 	jail fund; provided that:
62.29 	(a) (1) payments shall not be made from any amounts in the regional jail fund 
62.30 	which are needed for maintenance and operation expenses or lease rentals currently due 
62.31 	and payable; and
62.32 	(b) (2) the withdrawing county shall remain obligated for the payment of its 
62.33 	proportionate share of any lease rentals due and payable after its withdrawal, in the 
63.1 	event and up to the amount of any lease payment not made when due by one or more of 
63.2 	the other cooperating counties.

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

63.4 	Sec. 14. Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended to 
63.5 	read:

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

63.7	 Summary by Fund  
	
63.8	General Fund 
	103,456,000
	103,269,000
	
63.9	Special Revenue
	 100,000
	100,000

63.10 	SHORT-TERM OFFENDERS. $1,207,000 
63.11 	each  year is for costs associated with the  
63.12 	housing and care of short-term  offenders.  
63.13 	The commissioner may use up  to 20 percent 
63.14 	of the total amount of  the appropriation 
63.15 	for inpatient medical  care for short-term 
63.16 	offenders with less  than six months to 
63.17 	serve as affected by  the changes made to 
63.18 	Minnesota Statutes,  section 609.105, in 
63.19 	2003.  All funds  remaining at the end of 
63.20 	the fiscal year  not expended for inpatient 
63.21 	medical care  shall be added to and distributed 
63.22 	with  the housing funds.  These funds shall  
63.23 	be distributed proportionately based on  the 
63.24 	total number of days short-term  offenders are 
63.25 	placed locally, not to  exceed $70 per day.  
63.26 	Short-term  offenders may be housed in a 
63.27 	state  correctional facility at the discretion  of 
63.28 	the commissioner.  
63.29 	The Department of Corrections is exempt  
63.30 	from the state contracting process for  the 
63.31 	purposes of Minnesota Statutes,  section 
63.32 	609.105, as amended by Laws  2003, First 
64.1 	Special Session chapter 2,  article 5, sections 
64.2 	7 to 9.  
64.3 	GPS MONITORING OF SEX 
64.4 	OFFENDERS.  $500,000 the first 
64.5 	year and $162,000  the second year are for the 
64.6 	acquisition  and service of bracelets equipped 
64.7 	with  tracking devices designed to track 
64.8 	and  monitor the movement and location of  
64.9 	criminal offenders.  The commissioner  shall 
64.10 	use the bracelets to monitor  high-risk sex 
64.11 	offenders who are on  supervised release, 
64.12 	conditional  release, parole, or probation to 
64.13 	help  ensure that the offenders do not  violate 
64.14 	conditions of their release or  probation.  
64.15 	END OF CONFINEMENT REVIEWS.
64.16 	$94,000  each year is for end of confinement  
64.17 	reviews.  
64.18 	COMMUNITY SURVEILLANCE AND  
64.19 	SUPERVISION. $1,370,000 each year is  
64.20 	to provide housing options to maximize  
64.21 	community surveillance and supervision.  
64.22 	INCREASE IN INTENSIVE 
64.23 	SUPERVISED  RELEASE SERVICES.
64.24 	$1,800,000 each year  is to increase intensive 
64.25 	supervised  release services.  
64.26 	SEX OFFENDER ASSESSMENT  
64.27 	REIMBURSEMENTS. $350,000 each year 
64.28 	is  to provide grants to reimburse counties or 
64.29 	their designees, or courts for  reimbursements
64.30 	for sex offender  assessments as required 
64.31 	under Minnesota  Statutes, section 609.3452, 
64.32 	subdivision  1, which is being renumbered as 
64.33 	section  609.3457.  
64.34 	SEX OFFENDER TREATMENT AND  
64.35 	POLYGRAPHS. $1,250,000 each year 
65.1 	is to  provide treatment for sex offenders 
65.2 	on  community supervision and to pay for  
65.3 	polygraph testing.  
65.4 	INCREASED SUPERVISION OF SEX  
65.5 	OFFENDERS, DOMESTIC VIOLENCE 
65.6 	OFFENDERS,  AND OTHER VIOLENT 
65.7 	OFFENDERS.  $1,500,000 each year is for 
65.8 	the  increased supervision of sex offenders  
65.9 	and other violent offenders, including  
65.10 	those convicted of domestic abuse.  These 
65.11 	appropriations may not be used to  supplant 
65.12 	existing state or county  probation officer 
65.13 	positions.  
65.14 	The commissioner shall distribute  $1,050,000 
65.15 	in grants each year to  Community Corrections 
65.16 	Act counties and  $450,000 each year to the 
65.17 	Department of  Corrections Probation and 
65.18 	Supervised  Release Unit.  The commissioner 
65.19 	shall  distribute the funds to the Community  
65.20 	Corrections Act counties according to  the 
65.21 	formula contained in Minnesota  Statutes, 
65.22 	section 401.10.  
65.23 	Prior to the distribution of these  funds, each 
65.24 	Community Corrections Act  jurisdiction and 
65.25 	the Department of  Corrections Probation 
65.26 	and Supervised  Release Unit shall submit 
65.27 	to the  commissioner an analysis of need 
65.28 	along  with a plan to meet their needs and  
65.29 	reduce the number of sex offenders and  other 
65.30 	violent offenders, including  domestic abuse 
65.31 	offenders, on probation  officer caseloads.  
65.32 	COUNTY PROBATION OFFICERS.
65.33 	$500,000  each year is to increase county  
65.34 	probation officer reimbursements.  
66.1 	INTENSIVE SUPERVISION AND 
66.2 	AFTERCARE  FOR CONTROLLED 
66.3 	SUBSTANCES OFFENDERS;  REPORT.
66.4 	$600,000 each year is for  intensive 
66.5 	supervision and aftercare  services for 
66.6 	controlled substances  offenders released 
66.7 	from prison under  Minnesota Statutes, 
66.8 	section 244.055.  These appropriations are 
66.9 	not added to  the department's base budget.  
66.10 	By  January 15, 2008, the commissioner  
66.11 	shall report to the chairs and ranking  
66.12 	minority members of the senate and  house 
66.13 	of representatives committees and  divisions 
66.14 	having jurisdiction over  criminal justice 
66.15 	policy and funding on  how this appropriation 
66.16 	was spent.  
66.17 	REPORT ON ELECTRONIC 
66.18 	MONITORING OF SEX  OFFENDERS.
66.19 	By March 1, 2006, the  commissioner shall 
66.20 	report to the chairs  and ranking minority 
66.21 	members of the  senate and house of 
66.22 	representatives  committees and divisions 
66.23 	having  jurisdiction over criminal justice  
66.24 	policy and funding on implementing an  
66.25 	electronic monitoring system for sex  
66.26 	offenders who are under community  
66.27 	supervision.  The report must address  the 
66.28 	following:  
66.29 	(1) the advantages and disadvantages in  
66.30 	implementing this system, including the  
66.31 	impact on public safety;  
66.32 	(2) the types of sex offenders who  should be 
66.33 	subject to the monitoring;  
66.34 	(3) the time period that offenders  should be 
66.35 	subject to the monitoring;  
67.1 	(4) the financial costs associated with  the 
67.2 	monitoring and who should be  responsible 
67.3 	for these costs; and  
67.4 	(5) the technology available for the  
67.5 	monitoring.  

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

67.7 	Sec. 15. SUBSTANCE ABUSE TREATMENT; RECOMMENDATIONS, 
67.8 	REPORT.
 67.9 	(a) The commissioner of corrections shall make recommendations to:
67.10 	(1) improve the availability of prison-based substance abuse treatment programming 
67.11 	and related services; and
67.12 	(2) better ensure that offenders released from prison receive appropriate 
67.13 	community-based substance abuse treatment and services.
67.14 	These recommendations must include an estimate of the financial costs associated with 
67.15 	implementing them.
67.16 	(b) The commissioner shall recommend changes in prison-based programs or release 
67.17 	plans to improve the postprison release outcomes of:
67.18 	(1) inmates who are directed to complete prison-based short-term substance abuse 
67.19 	programs; and
67.20 	(2) inmates who fail the prison-based substance abuse programs they start.
67.21 	(c) By January 15, 2007, the commissioner shall report to the chairs and ranking 
67.22 	minority members of the senate and house committees and divisions having jurisdiction 
67.23 	over criminal justice policy and funding on the commissioner's recommendations under 
67.24 	paragraphs (a) and (b).

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

67.26 	ARTICLE 5
67.27 	CORONERS AND MEDICAL EXAMINERS

67.28 	Section 1. Minnesota Statutes 2004, section 390.005, is amended to read:
67.29 	390.005 ELECTION OR APPOINTMENT, ELIGIBILITY; VACANCIES; 
67.30 	REMOVAL.
67.31 		Subdivision 1.County election Selection of coroner or medical examiner. Each 
67.32 	county must have a coroner or medical examiner. A coroner shall may be elected in each 
68.1 	county, as prescribed by section  382.01, except as provided in this section or appointed in 
68.2 	each county. A medical examiner must be appointed by the county board. The term of an 
68.3 	appointed coroner or medical examiner must not be longer than four years.
68.4 		Subd. 2.Appointment by resolution. In a county where the office of coroner has 
68.5 	not been abolished, The board of county commissioners may, by resolution, state its 
68.6 	intention to fill the office of coroner by appointment. The resolution must be adopted at 
68.7 	least six months before the end of the term of the incumbent coroner, if elected. After the 
68.8 	resolution is adopted, the board shall fill the office by appointing a person not less than 
68.9 	30 days before the end of the incumbent's term. The appointed coroner shall serve for a 
68.10 	term of office determined by the board beginning upon the expiration of the term of the 
68.11 	incumbent. The term must not be longer than four years.
68.12 	If there is a vacancy in the elected office in the county, the board may by resolution, 
68.13 	state its intention to fill the office by appointment. When the resolution is adopted, the 
68.14 	board shall fill the office by appointment immediately. The coroner shall serve for a term 
68.15 	determined by the board. The term must not be longer than four years.
68.16 		Subd. 3.Educational requirements Qualifications. A coroner must have 
68.17 	successfully completed academic courses in pharmacology, surgery, pathology, toxicology, 
68.18 	and physiology. However, if a board of county commissioners determines that the office 
68.19 	of coroner shall not be elective and it cannot appoint any person meeting the educational 
68.20 	qualifications as coroner, the board may:
68.21 	(1) appoint any qualified person, whether or not a resident of the county; or
68.22 	(2) if no qualified person can be found, appoint a person who is serving or has served 
68.23 	as deputy coroner, whether or not a resident of the county. (a) The medical examiner must 
68.24 	be a forensic pathologist who is certified or eligible for certification by the American 
68.25 	Board of Pathology.  The medical examiner is an appointed public official in a system of 
68.26 	death investigation in which the administrative control, the determination of the extent 
68.27 	of the examination, need for autopsy, and the filing of the cause and manner of death 
68.28 	information with the state registrar pursuant to section 144.221 are all under the control 
68.29 	of the medical examiner.  
68.30 	(b) The coroner must be a physician with a valid license in good standing under 
68.31 	chapter 147, to practice medicine as defined under section 147.081, subdivision 3.  The 
68.32 	coroner is a public official, elected or appointed, whose duty is to make inquiry into deaths 
68.33 	in certain categories, determine the cause and manner of death, and file the information 
68.34 	with the state registrar pursuant to section 144.221. The coroner must obtain additional 
68.35 	training in medicolegal death investigation, such as training by the American Board of 
69.1 	Medicolegal Death Investigators, within four years of taking office, unless the coroner 
69.2 	has already obtained this training. 
69.3 	(c) The coroner or medical examiner need not be a resident of the county.
69.4 		Subd. 4.Certain incumbents. An incumbent coroner or medical examiner in 
69.5 	office on July 1, 1965 meetsthe effective date of this section is hereby deemed to meet 
69.6 	the qualifications prescribed by this section for the purpose of continuance in, reelection 
69.7 	to, or appointment to the office of coroner until the end of the current term of office, 
69.8 	after which this statute will apply.
69.9 		Subd. 5.Vacancies, removal. Vacancies in the office of coroner or medical 
69.10 	examiner shall be filled according to sections  375.08 and  382.02, or under subdivision 1. 
69.11 	A The medical examiner or appointed coroner may be removed from office as provided 
69.12 	by law. by the county board during a term of office for cause shown after a hearing upon 
69.13 	due notice of written charges. The hearing shall be conducted in accordance with that 
69.14 	county's human resources policy.

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

69.16 	Sec. 2. [390.0065] HENNEPIN COUNTY MEDICAL EXAMINER; SELECTION 
69.17 	AND TERM.
69.18 	Hennepin County shall use the following procedure to select the Hennepin County 
69.19 	medical examiner: the Hennepin County Board shall designate three licensed physicians 
69.20 	who shall constitute a Medical Examiner Board.  One member shall be a dean or professor 
69.21 	of the Department of Pathology of a Class A medical school as designated by the American 
69.22 	Medical Association.  Another member of the board shall be a member of the Minnesota 
69.23 	Society of Pathologists.  The third member shall be designated by the Hennepin County 
69.24 	Medical Association from its membership.  The Medical Examiner Board shall accept 
69.25 	applications for the position of Hennepin County medical examiner when a vacancy exists 
69.26 	in the office.  Applications therefore shall be considered from doctors of medicine who 
69.27 	are:  (1) graduates of a medical school recognized by the American Medical Association 
69.28 	or American Osteopathic Association, (2) members in good standing in the medical 
69.29 	profession, (3) eligible for appointment to the staff of the Hennepin County Medical 
69.30 	Center, and (4) certified or eligible for certification in forensic pathology by the American 
69.31 	Board of Pathology.  The Medical Examiner Board shall review the qualifications of the 
69.32 	applicants and shall rank the applicants deemed qualified for the position and provide 
69.33 	to the county board a report of the seven highest ranked applicants together with their 
69.34 	qualifications.  The county board shall appoint a county medical examiner from those 
69.35 	listed in the report.  The term of the examiner shall continue for four years from the date of 
70.1 	appointment.  Reappointment shall be made at least 90 days prior to the expiration of the 
70.2 	term.  If a vacancy requires a temporary appointment, the board of commissioners shall 
70.3 	appoint a medical doctor on the staff of the county medical examiner's office to assume 
70.4 	the duties of the medical examiner until an appointment can be made in compliance with 
70.5 	the specified selection procedure.  Actual and necessary expenses of the Medical Examiner 
70.6 	Board shall be paid in accordance with sections 471.38 to 471.415.  

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

70.8 	Sec. 3. Minnesota Statutes 2004, section 390.01, is amended to read:
70.9 	390.01 BOND AND INDEMNIFICATION.
70.10 	Before taking office, the coroner shall post bond to the state in a penal sum set by the 
70.11 	county board, not less than $500 nor more than $10,000. The coroner's bond is subject 
70.12 	to the same conditions in substance as in the bond required by law to be given by the 
70.13 	sheriff, except as to the description of the office. The coroner or medical examiner shall 
70.14 	be included in the bond held by the county for all appointed and elected county officials 
70.15 	and shall be defended and indemnified, pursuant to section 466.07. The bond and oath of 
70.16 	office shall be recorded and filed with the county recorder.

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

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

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

70.22 	Sec. 5. [390.012] JURISDICTION.
70.23 	The coroner or medical examiner of the county in which a person dies or is 
70.24 	pronounced dead shall have jurisdiction over the death, regardless of where any injury that 
70.25 	resulted in the death occurred.  The place where death is pronounced is deemed to be the 
70.26 	place where death occurred.  If the place of death is unknown but the dead body is found in 
70.27 	Minnesota, the place where the body is found is considered the place of death.  If the date 
70.28 	of death is unknown, the date the body is found is considered the date of death, but only for 
70.29 	purposes of this chapter. When a death occurs in a moving conveyance and the body is first 
70.30 	removed in Minnesota, documentation of death must be filed in Minnesota and the place 
70.31 	of death is considered the place where the body is first removed from the conveyance.

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

71.2 	Sec. 6. Minnesota Statutes 2004, section 390.04, is amended to read:
71.3 	390.04 TO ACT WHEN SHERIFF A PARTY TO AN ACTION PROVISION 
71.4 	FOR TRANSFER OF JURISDICTION.
71.5 	When the sheriff is a party to an action or when a party, or a party's agent or 
71.6 	attorney, files with the court administrator of the district court an affidavit stating that the 
71.7 	party believes the sheriff,coroner or medical examiner, because of partiality, prejudice, 
71.8 	consanguinity, or interest, will is not faithfully able to perform the sheriff's  coroner or 
71.9 	medical examiner's duties in an action commenced, or about to be commenced, the clerk 
71.10 	shall direct process in the action to the coroner. The coroner shall perform the duties of 
71.11 	the sheriff relative to the action in the same manner required for a sheriff., the coroner or 
71.12 	medical examiner shall have the authority to transfer jurisdiction to another coroner or 
71.13 	medical examiner, as arranged by the county board.

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

71.15 	Sec. 7. Minnesota Statutes 2005 Supplement, section 390.05, is amended to read:
71.16 	390.05 DEPUTIES MEDICAL EXAMINER OR CORONER STAFF.
71.17 	A The coroner shall or medical examiner may appoint one or more deputies.
71.18 	assistant coroners or assistant medical examiners, as necessary to fulfill the duties of the 
71.19 	office, subject to authorization by the county board.  Such assistants shall have the same 
71.20 	qualifications as a coroner or medical examiner. When the coroner or medical examiner is 
71.21 	absent or unable to act, deputies assistants shall have the same powers and duties and are 
71.22 	subject to the same liabilities as coroners. A deputy shall be appointed in writing. The 
71.23 	oath and appointment shall be recorded with the county recorder. The deputy shall act by 
71.24 	name as deputy coroner and hold office at the same time as the coroner. limitations as the 
71.25 	coroner or medical examiner. The assistants shall be appointed in writing, shall take an 
71.26 	oath that shall be recorded and filed with the county recorder, and shall be included in the 
71.27 	county bond. The assistant shall act by name as assistant coroner or medical examiner and 
71.28 	hold office at the pleasure of the coroner or medical examiner.
71.29 	A coroner or medical examiner may appoint one or more investigators, with such 
71.30 	qualifications as the coroner or medical examiner deems appropriate. Such investigators 
71.31 	shall have the powers and duties that are delegated to them by the coroner or medical 
71.32 	examiner. Unless they are public employees of that county, investigators shall be 
71.33 	appointed in writing and take an oath, shall be included in the county bond, and the 
72.1 	oath and appointment shall be recorded and filed with the county recorder. Subject to 
72.2 	authorization of the county board, assistants may be appointed to the unclassified service 
72.3 	and investigators to the classified service of the county.

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

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

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

72.9 	Sec. 9. Minnesota Statutes 2004, section 390.11, is amended to read:
72.10 	390.11 INVESTIGATIONS AND INQUESTS.
72.11 		Subdivision 1.Deaths requiring inquests and investigations Reports of death.
 72.12 	Except as provided in subdivision 1a, the coroner shall investigate and may conduct 
72.13 	inquests in all human deaths of the following types: All sudden or unexpected deaths 
72.14 	and all deaths that may be due entirely or in part to any factor other than natural disease 
72.15 	processes must be promptly reported to the coroner or medical examiner for evaluation. 
72.16 	Sufficient information must be provided to the coroner or medical examiner.  Reportable 
72.17 	deaths include, but are not limited to:
72.18 	(1) unnatural deaths, including violent deaths, whether apparently homicidal, 
72.19 	suicidal, or accidental, including but not limited to deaths due to thermal, chemical, 
72.20 	electrical, or radiational injury, and deaths due to criminal abortion, whether apparently 
72.21 	self induced or not; arising from homicide, suicide, or accident;
72.22 	(2) deaths due to a fire or associated with burns or chemical, electrical, or radiation 
72.23 	injury;
72.24 	(3) unexplained or unexpected perinatal and postpartum maternal deaths;
72.25 	(2) (4) deaths under suspicious, unusual, or mysterious unexpected circumstances;
72.26 	(3) (5) deaths of persons whose bodies are to be cremated, dissected, buried at sea,
72.27 	or otherwise disposed of so that the bodies will later be unavailable for examination; and
72.28 	(4) (6) deaths of inmates of public institutions and persons in custody of law 
72.29 	enforcement officers who are have not been hospitalized primarily for organic disease and 
72.30 	whose deaths are not of any type referred to in clause (1) or (2).;
72.31 	(7) deaths that occur during, in association with, or as the result of diagnostic, 
72.32 	therapeutic, or anesthetic procedures; 
72.33 	(8) deaths due to culpable neglect;   
73.1 	(9) stillbirths of 20 weeks or longer gestation unattended by a physician;
73.2 	(10) sudden deaths of persons not affected by recognizable disease; 
73.3 	(11) unexpected deaths of persons notwithstanding a history of underlying disease;
73.4 	(12) deaths in which a fracture of a major bone such as a femur, humerus, or tibia 
73.5 	has occurred within the past six months;
73.6 	(13) deaths unattended by a physician occurring outside of a licensed health care 
73.7 	facility or licensed residential hospice program;
73.8 	(14) deaths of persons not seen by their physician within 120 days of demise;
73.9 	(15) deaths of persons occurring in an emergency department;
73.10 	(16) stillbirths or deaths of newborn infants in which there has been maternal use of 
73.11 	or exposure to unprescribed controlled substances including street drugs or in which there 
73.12 	is history or evidence of maternal trauma;
73.13 	(17) unexpected deaths of children;
73.14 	(18) solid organ donors;
73.15 	(19) unidentified bodies;
73.16 	(20) skeletonized remains;
73.17 	(21) deaths occurring within 24 hours of arrival at a health care facility if death 
73.18 	is unexpected; 
73.19 	(22) deaths associated with the decedent's employment;
73.20 	(23) deaths of nonregistered hospice patients or patients in nonlicensed hospice 
73.21 	programs; and
73.22 	(24) deaths attributable to acts of terrorism. 
73.23 	The coroner or medical examiner shall determine the extent of the coroner's or medical 
73.24 	examiner's investigation, including whether additional investigation is needed by the 
73.25 	coroner or medical examiner, jurisdiction is assumed, or an autopsy will be performed, 
73.26 	notwithstanding any other statute.   
73.27 		Subd. 1a.Commissioner of corrections; investigation of deaths. The 
73.28 	commissioner of corrections may require that all Department of Corrections incarcerated 
73.29 	deaths be reviewed by an independent, contracted, board-certified forensic pathologist.
73.30 	For deaths occurring within a facility licensed by the Department of Corrections, the 
73.31 	coroner or medical examiner shall ensure that a forensic pathologist who is certified by 
73.32 	the American Board of Pathology reviews each death and performs an autopsy on all 
73.33 	unnatural, unattended, or unexpected deaths and others as necessary. 
73.34 		Subd. 1b.Hospice registration. Each coroner and medical examiner shall establish 
73.35 	a registration policy regarding hospice patients.  If a hospice patient is determined to be 
74.1 	properly preregistered, the coroner or medical examiner may treat the death as attended 
74.2 	by a physician.
74.3 		Subd. 2.Violent or mysterious deaths; Autopsies. The coroner or medical 
74.4 	examiner may conduct order an autopsy, at the coroner or medical examiner's sole 
74.5 	discretion, in the case of any human death referred to in subdivision 1, clause (1) or (2),
74.6 	when, in the judgment of the coroner judges that or medical examiner the public interest 
74.7 	requireswould be served by an autopsy, except that an autopsy must be conducted in all 
74.8 	unattended inmate deaths that occur in a state correctional facility. The autopsy shall be 
74.9 	performed without unnecessary delay.   A report of the facts developed by the autopsy 
74.10 	and findings of the person performing the autopsy shall be made promptly and filed in 
74.11 	the office of the coroner or medical examiner.  When further investigation is deemed 
74.12 	advisable, a copy of the report shall be delivered to the county attorney.  Every autopsy 
74.13 	performed pursuant to this subdivision shall, whenever practical, be performed in the 
74.14 	county morgue.  Nothing herein shall require the coroner or medical examiner to order an 
74.15 	autopsy upon the body of a deceased person if the person died of known or ascertainable 
74.16 	causes or had been under the care of a licensed physician immediately prior to death or if 
74.17 	the coroner or medical examiner determines the autopsy to be unnecessary.
74.18 	Autopsies performed pursuant to this subdivision may include the removal, 
74.19 	retention, testing, or use of organs, parts of organs, fluids or tissues, at the discretion of 
74.20 	the coroner or medical examiner, when removal, retention, testing, or use may be useful 
74.21 	in determining or confirming the cause of death, mechanism of death, manner of death, 
74.22 	identification of the deceased, presence of disease or injury, or preservation of evidence. 
74.23 	Such tissue retained by the coroner or medical examiner pursuant to this subdivision shall 
74.24 	be disposed of in accordance with standard biohazardous hospital and/or surgical material 
74.25 	and does not require specific consent or notification of the legal next of kin.  When 
74.26 	removal, retention, testing, and use of organs, parts of organs, fluids, or tissues is deemed 
74.27 	beneficial, and is done only for research or the advancement of medical knowledge and 
74.28 	progress, written consent or documented oral consent shall be obtained from the legal next 
74.29 	of kin, if any, of the deceased person prior to the removal, retention, testing, or use. 
74.30 		Subd. 2a.Deaths caused by fire; autopsies. The coroner shall conduct an autopsy 
74.31 	in the case of any human death reported to the coroner by the state fire marshal or a chief 
74.32 	officer under section  299F.04, subdivision 5, and apparently caused by fire. The coroner 
74.33 	or medical examiner shall conduct an autopsy or require that one be performed in the 
74.34 	case of a death reported to the coroner or medical examiner by the state fire marshal or a 
74.35 	chief officer under section 299F.04, subdivision 5, and apparently caused by fire, and in 
74.36 	which the decedent is pronounced dead outside of a hospital or in which identification 
75.1 	of the decedent has not been confirmed. If the decedent has died in a hospital and 
75.2 	identification is not in question, an autopsy may be performed or ordered by the coroner or 
75.3 	medical examiner.
75.4 		Subd. 3.Other deaths; autopsies; Exhumation; consent disinterment. The 
75.5 	coroner may conduct an autopsy in the case of any human death referred to in subdivision 
75.6 	1, clause (3) or (4), or  medical examiner may exhume any human body and perform 
75.7 	an autopsy on it in the case of any human death referred to in subdivision 1 when the 
75.8 	coroner or medical examiner judges that the public interest requires an autopsy. No 
75.9 	autopsy exhumation shall be conducted unless the surviving spouse, or legal next of kin 
75.10 	if there is no surviving spouse, consents to it, or the district court of the county where the 
75.11 	body is located or buried, upon notice as the court directs, enters an order authorizing an 
75.12 	autopsy or an exhumation and autopsy orders it. Notice of such exhumation shall be given 
75.13 	as directed by the district court. Application for an order may be made by the coroner, 
75.14 	medical examiner, or by the county attorney of the county where the body is located or 
75.15 	buried, and shall be granted upon a showing that the court deems appropriate.
75.16 		Subd. 4.Assistance of medical specialists. If during an investigation the coroner or 
75.17 	medical examiner believes the assistance of pathologists, toxicologists, deputy coroners,
75.18 	laboratory technicians, or other medical, scientific, or forensic experts is necessary to 
75.19 	determine or confirm the cause or manner of death, identification, time of death, or to 
75.20 	address other issues requiring expert opinion, the coroner shall or medical examiner may
75.21 	obtain their assistance.
75.22 		Subd. 5.Inquest. An inquest into a death may be held at the request of the medical 
75.23 	examiner and the county attorney or the coroner and the county attorney.  An inquest is 
75.24 	optional and the coroner or medical examiner may investigate and certify a death without 
75.25 	one.  The coroner or medical examiner and county attorney may decide how to empanel 
75.26 	the inquest.  Inquest records will be made public, but the record and report of the inquest 
75.27 	proceedings may not be used in evidence in any civil action arising out of the death for 
75.28 	which an inquest was ordered. Before an inquest is held, the coroner shall notify the 
75.29 	county attorney to appear and examine witnesses at the inquest.Whenever the decision 
75.30 	is made to hold an inquest, the county attorney may issue subpoenas for witnesses and 
75.31 	enforce their attendance.  The persons served with subpoenas shall be allowed the same 
75.32 	compensation and be subject to the same enforcement and penalties as provided by Rule 
75.33 	22 of the Minnesota Rules of Criminal Procedure.
75.34 		Subd. 6.Records kept by coroner or medical examiner. The coroner or medical 
75.35 	examiner shall keep full and complete records, properly indexed records, giving the name, 
75.36 	if known, of every person whose death is investigated, the place where the body was 
76.1 	found, the date, cause, and manner of death, and all other relevant available information 
76.2 	concerning the death. that the coroner or medical examiner considers pertinent.   These 
76.3 	records of the coroner or medical examiner are the property of the county and subject to 
76.4 	chapter 13. These records shall be kept at the coroner's or medical examiner's office, 
76.5 	unless no storage space is available. They shall then be kept with official county records 
76.6 	and only released in accordance with the Data Practices Act. Records shall be kept in 
76.7 	accordance with section 15.17.
76.8 		Subd. 7.Reports Duty to report. (a) Deaths of the types described in this section 
76.9 	must be promptly reported for investigation to the coroner or medical examiner and, when 
76.10 	appropriate, to the law enforcement agency with jurisdiction, by the law enforcement 
76.11 	officer, attending physician, health care professional, mortician or funeral director, person 
76.12 	in charge of the public institutions referred to in subdivision 1, or other person with 
76.13 	knowledge of the death. anyone who discovers a deceased person. In a case in which a 
76.14 	crime may be involved, the coroner or medical examiner shall promptly notify the law 
76.15 	enforcement agency with jurisdiction over a criminal investigation of the death.
76.16 		Subd. 7a.Records and other material available to coroner or medical examiner.
 76.17 	(b) For the purposes of this section, health-related records or data on a decedent, Except 
76.18 	for health data defined in section  13.3805, subdivision 1, paragraph (a), clause (2), 
76.19 	health-related records or data on a decedent whose death is being investigated under 
76.20 	this section, whether the records or data are recorded or unrecorded, including but 
76.21 	not limited to those concerning medical, surgical, psychiatric, psychological, or any 
76.22 	other consultation, diagnosis, or treatment, including medical imaging, shall be made 
76.23 	promptly available to the coroner or medical examiner, upon the coroner's or medical 
76.24 	examiner's written request, by a any person, agency, entity, or organization having 
76.25 	custody of, possession of, access to, or knowledge of the records or data. This provision 
76.26 	includes records and data, whether recorded or unrecorded, including but not limited to, 
76.27 	records and data, including medical imaging, concerning medical, surgical, psychiatric, 
76.28 	psychological, chemical dependency, or any other consultation, diagnosis, or treatment. 
76.29 	In cases involving a stillborn infant or the death of a fetus or infant less than one year 
76.30 	of age, the prenatal records on the decedent's mother may also be subpoenaed by the 
76.31 	coroner or medical examiner. The coroner or medical examiner shall pay the reasonable 
76.32 	costs of copies of records or data so  provided to the coroner under this section. Data 
76.33 	collected or created pursuant to this subdivision relating to any psychiatric, psychological, 
76.34 	or mental health consultation with, diagnosis of, or treatment of the decedent whose 
76.35 	death is being investigated shall remain confidential or protected nonpublic data, except 
76.36 	that the coroner's or medical examiner's final summary report may contain a summary 
77.1 	of, or references to, such data. Where records of a decedent become part of the medical 
77.2 	examiner's or coroner's file, they are not subject to subpoena or a request for production 
77.3 	directed to the medical examiner or coroner.  Body fluids, slides, tissue, organ specimens, 
77.4 	radiographs, monitor records, video or other recordings, and any other material or article 
77.5 	of diagnostic value obtained from the decedent prior to death, shall be made available to 
77.6 	the coroner or medical examiner upon request.  Notwithstanding the provisions of sections 
77.7 	13.384 and 595.02, the coroner or medical examiner shall have the power to subpoena any 
77.8 	and all documents, records, including medical records, and papers deemed useful in the 
77.9 	investigation of a death.
77.10 		Subd. 7b.Records released by coroner or medical examiner. Records and 
77.11 	reports, including those of autopsies performed, generated, and certified by the coroner or 
77.12 	medical examiner shall be admissible as evidence in any court or grand jury proceeding. 
77.13 	The admissibility of such evidence under this subdivision shall not include statements 
77.14 	made by witnesses or other persons unless otherwise admissible. 
77.15 		Subd. 8.Investigation procedure; coroner or medical examiner in charge of 
77.16 	body. Upon notification of a the death subject toof any person as defined in this section, 
77.17 	the coroner or deputy shall medical examiner staff or their designee may proceed to the 
77.18 	body, take charge of it, and, arrange for transfer of it, when appropriate.  This provision 
77.19 	also applies to bones, body parts, and specimens that may be human remains.  Discovery 
77.20 	of such bones, body parts, and specimens must be promptly reported to the coroner or 
77.21 	medical examiner. When necessary, the coroner or medical examiner staff, in coordination 
77.22 	with the applicable law enforcement agency, may order that there be no interference with 
77.23 	or compromise of the body or the scene of death. In the event a person is transported to 
77.24 	an emergency vehicle or facility and pronounced dead, the scene of death shall include 
77.25 	the original location of the decedent when first discovered to be ill, unresponsive, or 
77.26 	stricken prior to removal by emergency medical personnel.  Any person violating such 
77.27 	an order is guilty of a gross misdemeanor. The coroner or medical examiner staff shall 
77.28 	make inquiry regarding the cause and manner of death and, in cases that fall under the 
77.29 	medical examiner's or coroner's jurisdiction, prepare written findings together with the 
77.30 	report of death and its circumstances, which shall be filed in the office of the coroner or 
77.31 	medical examiner.
77.32 		Subd. 9.Criminal act report. On coming to believe that the death may have 
77.33 	resulted from a criminal act, The coroner or deputy medical examiner shall deliver a 
77.34 	signed copy of the report of investigation or inquest to the county attorney.to the county 
77.35 	attorney copies of reports or other information created by the coroner's or medical 
77.36 	examiner's office in any cases of a potential criminal nature.
78.1 		Subd. 10.Sudden Infant death. If a child under the age of two years dies suddenly 
78.2 	and unexpectedly under circumstances indicating that the death may have been caused 
78.3 	by sudden infant death syndrome, the coroner, medical examiner, or personal physician 
78.4 	shall notify the child's parents or guardian that an autopsy is essential to establish the 
78.5 	cause of death as sudden infant death syndrome. If an autopsy reveals that sudden infant 
78.6 	death syndrome is the cause of death, that fact must be stated in the autopsy report., the 
78.7 	parents or guardian of the child shall be promptly notified of the cause of death and of the
78.8 	availability of counseling services.
78.9 		Subd. 11.Autopsy fees. The coroner may charge a reasonable fee to a person 
78.10 	requesting an autopsy if the autopsy would not otherwise be conducted under subdivision 
78.11 	1, 2, or 3.
78.12 		Subd. 12.Authorized removal of the brain. If the coroner or medical examiner is 
78.13 	informed by a physician or pathologist that a dead person decedent is suspected of having 
78.14 	had Alzheimer's disease, the coroner shall or medical examiner may authorize the removal 
78.15 	of the brain of the dead person for the purposes of sections  145.131 and  145.132. 

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

78.17 	Sec. 10. Minnesota Statutes 2004, section 390.111, is amended to read:
78.18 	390.111 EXPENSES AND COMPENSATION.
78.19 	The county board may allowis responsible for the reasonable and necessary 
78.20 	compensation and expenses of the coroner or deputies incurred for telephone tolls, 
78.21 	telegrams, postage, the cost of transcribing the testimony taken at an inquest, and other 
78.22 	expenses incurred solely for the officers' official business under this chapter. medical 
78.23 	examiner, assistants, investigators, and other medical specialists.

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

78.25 	Sec. 11. Minnesota Statutes 2004, section 390.15, is amended to read:
78.26 	390.15 WITNESSES; FEES.
78.27 	The coroner or medical examiner may issue subpoenas for witnesses, returnable 
78.28 	immediately or at a specified time and place. The persons served with the subpoenas shall 
78.29 	be allowed the fees, the coroner shall enforce their attendance, and they shall be subject 
78.30 	to the penalties provided by statute or the Rules of Criminal Procedure. charge a fee for 
78.31 	cremation approval, duplication of reports, and other administrative functions to recover 
78.32 	reasonable expenses, subject to county board approval.

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

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

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

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

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

79.13 	Sec. 14. Minnesota Statutes 2004, section 390.21, is amended to read:
79.14 	390.21 DISPOSITION; BURIAL.
79.15 	When a coroner holds an inquest upon view of the dead body of any person 
79.16 	unknown, or, being called for that purpose, does not think it necessary, on view of 
79.17 	the body, that an inquest be held, the coroner shall have the body decently buried. All 
79.18 	expenses of the inquisition and burial shall be paid by the county where the dead body is 
79.19 	found.  After an investigation has been completed, including an autopsy if one is done, the 
79.20 	body shall be released promptly to the person or persons who have the right to control the 
79.21 	disposition of the body. Section 149A.80, subdivision 2, shall control. If the identity of 
79.22 	the deceased person is unknown, or if the body is unclaimed, the medical examiner or 
79.23 	coroner shall provide for dignified burial or storage of the remains. Dignified burial shall 
79.24 	not include cremation, donation for anatomic dissection, burial at sea, or other disposition 
79.25 	that will make the body later unavailable. The county where the dead body is found shall 
79.26 	pay reasonable expenses of the burial. If an estate is opened within six years and claim 
79.27 	made for the property or proceeds of the sale of the property of the decedent, the county 
79.28 	shall be reimbursed the amount spent on burial, with interest at the statutory rate.

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

80.1 	Sec. 15. Minnesota Statutes 2004, section 390.221, is amended to read:
80.2 	390.221 BODIES; EFFECTS; CUSTODY.
80.3 	A person may not removemove, interfere with, or handle the body or the effects 
80.4 	of any person a decedent subject to an investigation by the county coroner or medical 
80.5 	examiner except upon order of the coroner or, medical examiner, assistant, or deputy
80.6 	authorized investigator. The coroner or medical examiner shall take charge of the effects 
80.7 	found on or near the body of a deceased person and dispose of them as the district 
80.8 	court directs by written orderdirected under section 390.225. If a crime is suspected 
80.9 	in connection with the death of a deceased person is suspected, the coroner or medical 
80.10 	examiner may prevent any person, except law enforcement personnel, from entering the 
80.11 	premises, rooms, or buildings, and shall have the custody of objects that the coroner or 
80.12 	examiner deems material evidence in the case. The coroner or medical examiner shall 
80.13 	release any property or articles needed for any criminal investigation to law enforcement 
80.14 	officers conducting the investigation, except as noted in section 390.225, subdivision 2. A 
80.15 	willful knowing violation of this section is a gross misdemeanor.

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

80.17 	Sec. 16. [390.225] PROPERTY.
80.18 		Subdivision 1.Procedure. The coroner or medical examiner may take possession of 
80.19 	all articles that may be useful in establishing the cause or manner of death, identification, 
80.20 	or next of kin of the deceased, and, if taken, mark them for identification, make an 
80.21 	inventory, and retain them securely until they are no longer needed for evidence or 
80.22 	investigation. Except as noted in subdivision 2, the coroner or medical examiner shall 
80.23 	release any property or articles needed for any criminal investigation to law enforcement 
80.24 	officers conducting the investigation.
80.25 		Subd. 2.Retention of property. When a reasonable basis exists for not releasing 
80.26 	property or articles to law enforcement officers, the coroner or medical examiner shall 
80.27 	consult with the county attorney.  If the county attorney determines that a reasonable basis 
80.28 	exists for not releasing the property or articles, the coroner or medical examiner may 
80.29 	retain them.  The coroner or medical examiner shall obtain written confirmation of this 
80.30 	opinion and keep a copy in the decedent's file.
80.31 		Subd. 3.Release of property. With the exception of firearms, when property or 
80.32 	articles are no longer needed for the investigation or as evidence, the coroner or medical 
80.33 	examiner shall release such property or articles to the person or persons entitled to them. 
80.34 	Personal property, including wearing apparel, may be released to the person entitled to 
81.1 	control the disposition of the body of the decedent or to the personal representative of the 
81.2 	decedent. Personal property not otherwise released pursuant to this subdivision must be 
81.3 	disposed of pursuant to section 525.393. 
81.4 		Subd. 4.Firearms. The coroner or medical examiner shall release all firearms, 
81.5 	when no longer needed, to the law enforcement agency handling the investigation. 
81.6 		Subd. 5.Property of unknown decedents. If the name of the decedent is not 
81.7 	known, the coroner or medical examiner shall release such property to the county for 
81.8 	disposal or sale.  If the unknown decedent's identity is established and if a representative 
81.9 	shall qualify within six years from the time of such sale, the county administrator, or a 
81.10 	designee, shall pay the amount of the proceeds of the sale to the representative on behalf 
81.11 	of the estate upon order of the court.  If no order is made within six years, the proceeds of 
81.12 	the sale shall become a part of the general revenue of the county.

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

81.14 	Sec. 17. Minnesota Statutes 2004, section 390.23, is amended to read:
81.15 	390.23 DEATH RECORDS OF VIOLENT OR MYSTERIOUS DEATH.
81.16 	No person, other than the county coroner, or  medical examiner, judge exercising 
81.17 	probate jurisdiction, or Department of Corrections' independent, contracted, 
81.18 	board-certified forensic pathologist,or, for deaths occurring within a facility licensed by 
81.19 	the Department of Corrections, the forensic pathologist who reviewed the death, shall issue 
81.20 	a record file or amend the cause or manner of death information with the state registrar in 
81.21 	cases of likely or suspected accidental, suicidal, homicidal, violent, or mysterious deaths, 
81.22 	including suspected homicides, occurring in the county. The Department of Corrections' 
81.23 	independent, contracted, board-certified forensic pathologist must issue the certificate of 
81.24 	death in all Department of Corrections-incarcerated deaths. The forensic pathologist who 
81.25 	reviewed the death of an incarcerated person within a facility licensed by the Department 
81.26 	of Corrections may file or amend the cause or manner of death information with the state 
81.27 	registrar. If there is reasonable proof that a death has occurred, but no body has been 
81.28 	found, a judge may direct the state registrar to register the death with the fact of death 
81.29 	information provided by the court order according to section 144.221, subdivision 3.

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

81.31 	Sec. 18. Minnesota Statutes 2004, section 390.25, is amended to read:
81.32 	390.25 FINGERPRINTING OF UNIDENTIFIED DECEASED PERSON
81.33 	PERSONS.
82.1 		Subdivision 1.Attempts to identify. Each coroner shall have fingerprinted all 
82.2 	deceased persons in the county whose identity is not immediately established. Within 
82.3 	24 hours after the body is found, the coroner shall forward to the Bureau of Criminal 
82.4 	Apprehension the fingerprints, fingerprint records, and other identification data. The 
82.5 	superintendent of the bureau shall prescribe the form of these reports. The duties are in 
82.6 	addition to those imposed on the coroner by section  525.393. The coroner or medical 
82.7 	examiner shall make reasonable attempts to identify the deceased person promptly.  These 
82.8 	actions may include obtaining: photographs of the body; fingerprints from the body, if 
82.9 	possible; formal dental examination by a dentist with forensic training, with charting and 
82.10 	radiographs; full body radiographs; specimens such as tissue, blood, bone, teeth, and/or 
82.11 	hair, suitable for DNA analysis or other identification techniques; blood type; photographs 
82.12 	of items such as clothing and property found on and with the body; and anthropological 
82.13 	determination of age, race, sex, and stature, if appropriate.  All of these actions shall be 
82.14 	taken prior to the disposition of any unidentified deceased person.
82.15 		Subd. 2.Report to BCA. After 60 days, the coroner or medical examiner 
82.16 	shall provide to the Bureau of Criminal Apprehension missing persons clearinghouse 
82.17 	information to be entered into federal and state databases that can aid in the identification, 
82.18 	including the National Crime Information Center database.  The coroner or medical 
82.19 	examiner shall provide to the Bureau of Criminal Apprehension specimens suitable for 
82.20 	DNA analysis.  DNA profiles and information shall be entered by the Bureau of Criminal 
82.21 	Apprehension into federal and state DNA databases within five business days after the 
82.22 	completion of the DNA analysis and procedures necessary for the entry of the DNA profile.
82.23 		Subd. 3.Other efforts to identify. Nothing in this section shall be interpreted 
82.24 	to preclude any medical examiner or coroner from pursuing other efforts to identify 
82.25 	unidentified deceased persons, including publicizing information, descriptions, or 
82.26 	photographs that may aid in the identification, allowing family members to identify 
82.27 	missing persons, and seeking to protect the dignity of the missing persons.
82.28 		Subd. 4.Preservation of data. The coroner or medical examiner may preserve 
82.29 	and retain photographs, specimens, documents, and other data such as dental records, 
82.30 	radiographs, fingerprints, or DNA, for establishing or confirming the identification of 
82.31 	bodies or for other forensic purposes deemed appropriate under the jurisdiction of the 
82.32 	office.  Upon request by an appropriate agency, or upon the coroner or medical examiner's 
82.33 	own initiative, the coroner or medical examiner may make the information available to aid 
82.34 	in the establishment of the identity of a deceased person.
82.35 		Subd. 5.Notice to state archaeologist. After the coroner or medical examiner 
82.36 	has completed the investigation, the coroner or medical examiner shall notify the state 
83.1 	archaeologist, according to section 307.08, of all unidentified human remains found 
83.2 	outside of platted, recorded, or identified cemeteries and in contexts which indicate 
83.3 	antiquity of greater than 50 years.

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

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

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

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

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

83.18 	Sec. 21.  REPEALER.
 83.19 	Minnesota Statutes 2004, sections 383A.36; 383B.225, subdivisions 1, 2, 3, 4, 6, 7, 
83.20 	8, 9, 10, 11, 12, and 13; 390.006; 390.06; 390.07; 390.16; 390.17; 390.19; 390.20; 390.24; 
83.21 	and 390.36, and Minnesota Statutes 2005 Supplement, section 383B.225, subdivision 
83.22 	5, are repealed.

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