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; providing a toll-free hotline for trafficking 
1.10 	victims; requiring best practices for handling death scene investigations; creating 
1.11 	the Forensic Laboratory Advisory Board; requiring reporting of forensic analyses 
1.12 	professional negligence or misconduct; requiring law enforcement to take 
1.13 	missing person reports; requiring address change notification for regulated 
1.14 	animals; enhancing penalties for failing to control regulated animals when harm 
1.15 	results; requiring each county to have a coroner or medical examiner; providing 
1.16 	professional requirements for coroners and medical examiners; providing a 
1.17 	procedure to select the Hennepin County medical examiner; providing for 
1.18 	medical examiner and coroner staff; requiring coroner or medical examiner 
1.19 	investigation of certain deaths; authorizing autopsies by coroners or medical 
1.20 	examiners; authorizing burial disposition and property release by coroner or 
1.21 	medical examiners; providing for cause of death records to be prepared by 
1.22 	coroners or medical examiners in the case of suicidal, homicidal, or other 
1.23 	mysterious deaths; authorizing coroners or medical examiners, upon request 
1.24 	by the district court, county attorney, law enforcement agency, or defense 
1.25 	counsel, to make physical examinations; applying Blakely provisions to criminal 
1.26 	prosecutions involving fire arms; requiring mandatory sentences for certain 
1.27 	defined engrained offenders; increasing certain monetary thresholds for theft, 
1.28 	dishonored checks, and damage to property offenses; creating a crime of unlawful 
1.29 	conduct relating to telephone records; requiring conditional release terms for 
1.30 	certain persons convicted of sexual performance crimes; establishing a collateral 
1.31 	consequences committee to identify collateral consequences of convictions and to 
1.32 	recommend legislative changes; requiring the Bureau of Criminal Apprehension 
1.33 	to address missing person and unidentified bodies backlog and to develop a 
1.34 	model policy addressing law enforcement duties regarding missing persons; 
1.35 	adopting, rejecting, and modifying certain Sentencing Guidelines Commission 
1.36 	changes; appropriating money; amending Minnesota Statutes 2004, sections 
1.37 	144.445, subdivision 1; 144.7401, by adding a subdivision; 152.01, subdivision 
1.38 	18; 152.093; 152.18, subdivision 1; 169A.24, subdivision 1; 181.973; 241.016, 
2.1 	subdivision 1; 299F.011, subdivision 5; 346.155, subdivisions 1, 4, 5, 10, by 
2.2 	adding a subdivision; 390.005; 390.01; 390.04; 390.11; 390.111; 390.15; 390.21; 
2.3 	390.221; 390.23; 390.25; 609.11, subdivision 7; 609.2231, subdivision 6; 
2.4 	609.495, by adding a subdivision; 609.52, subdivision 3; 609.535, subdivision 
2.5 	2a; 609.595, subdivisions 1, 2; 611A.0315; 617.246, by adding a subdivision; 
2.6 	617.247, by adding a subdivision; 624.22, subdivision 8; 631.425, subdivision 3; 
2.7 	641.265, subdivision 2; Minnesota Statutes 2005 Supplement, sections 171.18, 
2.8 	subdivision 1; 241.06, by adding a subdivision; 243.166, subdivisions 1b, 6; 
2.9 	244.055, subdivisions 10, 11; 244.10, subdivisions 5, 6, 7; 299C.105, subdivision 
2.10 	3; 299C.40, subdivision 1; 299C.405; 299C.65, subdivision 2; 390.05; 609.1095, 
2.11 	subdivision 4; 609.3455, subdivisions 4, 8, by adding a subdivision;  Laws 2005, 
2.12 	chapter 136, article 16, sections 3; 4; 5; 6; proposing coding for new law in 
2.13 	Minnesota Statutes, chapters 4; 152; 241; 299A; 299C; 390; 609; repealing 
2.14 	Minnesota Statutes 2004, sections 152.094; 383A.36; 383B.225; 390.006; 
2.15 	390.06; 390.07; 390.16; 390.17; 390.19; 390.20; 390.24; 390.36; 609.108, 
2.16 	subdivision 5; 609.109, subdivisions 1, 3; Minnesota Statutes 2005 Supplement, 
2.17 	sections 609.108, subdivisions 1, 3, 4, 6, 7; 609.109, subdivisions 2, 4, 5, 6.
2.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.19 	Section 1. [4.055] GOVERNOR'S RESIDENCE EMPLOYEES AND 
2.20 	GOVERNOR APPOINTEE BACKGROUND CHECKS.
2.21 	The governor's office may request a check of:
2.22 	(1) systems accessible through the criminal justice data communications network, 
2.23 	including, but not limited to, criminal history, predatory offender registration, warrants, 
2.24 	and driver license record information from the Department of Public Safety;
2.25 	(2) the statewide supervision system maintained by the Department of Corrections; 
2.26 	and
2.27 	(3) national criminal history information maintained by the Federal Bureau of 
2.28 	Investigation;
2.29 	on candidates for positions within the governor's residence or appointment by the 
2.30 	governor. The candidate shall provide the governor's office with a written authorization 
2.31 	to conduct the check of these systems. For a check of the national criminal history 
2.32 	information, the request must also include a set of fingerprints which shall be sent to 
2.33 	the Bureau of Criminal Apprehension. The bureau has the authority to exchange the 
2.34 	fingerprints with the FBI to facilitate the national background check. The superintendent 
2.35 	may recover fees associated with the background checks from the governor's office. 

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

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

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

3.9 	Sec. 3. Minnesota Statutes 2004, section 144.7401, is amended by adding a subdivision 
3.10 	to read:
3.11 		Subd. 8.Peace officer; applicability. An individual licensed as a peace officer 
3.12 	under section 626.84, subdivision 1, is considered an emergency medical services person 
3.13 	for purposes of sections 144.7401 to 144.7415 regardless of whether the officer is engaged 
3.14 	in performing emergency services.

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

3.16 	Sec. 4. Minnesota Statutes 2004, section 152.01, subdivision 18, is amended to read:
3.17 		Subd. 18.Drug paraphernalia.  (a) Except as otherwise provided in paragraph (b), 
3.18 	"drug paraphernalia" means all equipment, products, and materials of any kind, except 
3.19 	those items used in conjunction with permitted uses of controlled substances under this 
3.20 	chapter or the Uniform Controlled Substances Act, which are knowingly or intentionally 
3.21 	used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting, 
3.22 	inhaling, or otherwise introducing into the human body a controlled substance, (3) testing 
3.23 	the strength, effectiveness, or purity of a controlled substance, or (4) enhancing the effect 
3.24 	of a controlled substance.
3.25 	(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or 
3.26 	sale of hypodermic needles or syringes in accordance with section 151.40, subdivision 2.

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

3.29 	Sec. 5. Minnesota Statutes 2004, section 152.093, is amended to read:
3.30 	152.093  MANUFACTURE OR DELIVERY SALE OF DRUG 
3.31 	PARAPHERNALIA PROHIBITED.
4.1 		Subdivision 1.Sales generally. (a) It is unlawful for any person knowingly or 
4.2 	intentionally to deliver sell drug paraphernalia or knowingly or intentionally to possess or 
4.3 	manufacture drug paraphernalia for delivery, knowing or having reason to know, that the 
4.4 	item will be used primarily to:
4.5 	(1) manufacture a controlled substance;
4.6 	(2) inject, ingest, inhale, or otherwise introduce into the human body a controlled 
4.7 	substance;
4.8 	(3) test the strength, effectiveness, or purity of a controlled substance; or 
4.9 	(4) enhance the effect of a controlled substance.
4.10 	(b) Any violation of this section subdivision is a misdemeanor.
4.11 		Subd. 2.Sales to minor. Any person 18 years of age or older who violates 
4.12 	subdivision 1 by selling drug paraphernalia to a person under 18 years of age who is at 
4.13 	least three years younger is guilty of a gross misdemeanor.

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

4.16 	Sec. 6. [152.0955] PROHIBITION ON POSSESSION OF CERTAIN ITEMS 
4.17 	ASSOCIATED WITH CONTROLLED SUBSTANCE USE.
4.18 		Subdivision 1.Definitions. As used in this section, the following terms have the 
4.19 	meanings given:
4.20 	(1) "bong" means any pipe or smoking device, commonly referred to as a bong or 
4.21 	water bong, having one tube that attaches to or is part of the pipe or device, that allows for 
4.22 	a smoked product to be drawn from a reservoir or bowl, through a quantity of water or 
4.23 	other liquid substance, or through another tube or opening on the pipe or device;
4.24 	(2) "dugout" means a storage device, commonly referred to as a dugout, designed 
4.25 	with separate reservoirs for marijuana and a one-hit pipe;
4.26 	(3) "glass pipe" means any pipe or smoking device that is made of glass and that has 
4.27 	a reservoir capable of holding controlled substances for ingestion;
4.28 	(4) "marijuana pipe" means any pipe or smoking device, except for a traditional 
4.29 	pipe, that is made of solid material, including ivory, onyx, glass, metal, stone, or any other 
4.30 	material, having a reservoir and a direct channel or a channel filtered by a screen, leading 
4.31 	to an open end, commonly known as a bowl;
4.32 	(5) "one-hit pipe" means any pipe or smoking device that consists of a reservoir on 
4.33 	one end, with a direct channel or a channel filtered by a screen that leads to the opposite 
4.34 	end, designed as a linear device, and without a separately attached bowl or reservoir; and 
5.1 	(6) "traditional pipe" means a smoking device that has a sole use for consumption of 
5.2 	tobacco, not containing a screen in the bowl section, such as a corncob pipe.
5.3 		Subd. 2.Possession prohibited. A person who knowingly possesses a bong, 
5.4 	dugout, glass pipe, marijuana pipe, or one-hit pipe is guilty of a petty misdemeanor.

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

5.7 	Sec. 7. Minnesota Statutes 2004, section 152.18, subdivision 1, is amended to read:
5.8 		Subdivision 1.Deferring prosecution for certain first time drug offenders. If any 
5.9 	person who has not previously participated in or completed a diversion program authorized 
5.10 	under section  401.065 or who has not previously been placed on probation without a 
5.11 	judgment of guilty and thereafter been discharged from probation under this section is 
5.12 	found guilty of a violation of section  152.024, subdivision 2,  152.025, subdivision 2, or  
5.13 	152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial or upon 
5.14 	a plea of guilty, and the court determines that the violation does not qualify as a subsequent 
5.15 	controlled substance conviction under section  152.01, subdivision 16a, the court may shall, 
5.16 	without entering a judgment of guilty and with the consent of the person, either (1) defer 
5.17 	further proceedings and place the person on probation upon such reasonable conditions 
5.18 	as it may require and for a period, not to exceed the maximum sentence provided for the 
5.19 	violation. The court or (2) state in writing the reason why a deferral is inappropriate. If the 
5.20 	court grants a deferral, it may give the person the opportunity to attend and participate 
5.21 	in an appropriate program of education regarding the nature and effects of alcohol and 
5.22 	drug abuse as a stipulation of probation. Upon violation of a condition of the probation, 
5.23 	the court may enter an adjudication of guilt and proceed as otherwise provided. The 
5.24 	court may, in its discretion, dismiss the proceedings against the person and discharge the 
5.25 	person from probation before the expiration of the maximum period prescribed for the 
5.26 	person's probation. If during the period of probation the person does not violate any of the 
5.27 	conditions of the probation, then upon expiration of the period the court shall discharge the 
5.28 	person and dismiss the proceedings against that person. Discharge and dismissal under this 
5.29 	subdivision shall be without court adjudication of guilt, but a not public record of it shall 
5.30 	be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts 
5.31 	in determining the merits of subsequent proceedings against the person. The not public 
5.32 	record may also be opened only upon court order for purposes of a criminal investigation, 
5.33 	prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections 
5.34 	authorities, the bureau shall notify the requesting party of the existence of the not public 
5.35 	record and the right to seek a court order to open it pursuant to this section. The court shall 
6.1 	forward a record of any discharge and dismissal under this subdivision to the bureau which 
6.2 	shall make and maintain the not public record of it as provided under this subdivision. The 
6.3 	discharge or dismissal shall not be deemed a conviction for purposes of disqualifications 
6.4 	or disabilities imposed by law upon conviction of a crime or for any other purpose. 
6.5 	For purposes of this subdivision, "not public" has the meaning given in section  
6.6 	13.02, subdivision 8a. 

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

6.8 	Sec. 8. Minnesota Statutes 2004, section 169A.24, subdivision 1, is amended to read:
6.9 		Subdivision 1.Degree described. A person who violates section  169A.20 (driving 
6.10 	while impaired) is guilty of first-degree driving while impaired if the person: 
6.11 	(1) commits the violation within ten years of the first of three or more qualified 
6.12 	prior impaired driving incidents; or
6.13 	(2) has previously been convicted of a felony under this section; or
6.14 	(3) has previously been convicted of a felony under section 609.21, subdivision 1, 
6.15 	clause (2), (3), (4), (5), or (6); subdivision 2, clause (2), (3), (4), (5), or (6); subdivision 2a, 
6.16 	clause (2), (3), (4), (5), or (6); subdivision 3, clause (2), (3), (4), (5), or (6); or subdivision 
6.17 	4, clause (2), (3), (4), (5), or (6).

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

6.20 	Sec. 9. Minnesota Statutes 2005 Supplement, section 171.18, subdivision 1, is 
6.21 	amended to read:
6.22 		Subdivision 1.Offenses. (a) The commissioner may suspend the license of a driver 
6.23 	without preliminary hearing upon a showing by department records or other sufficient 
6.24 	evidence that the licensee:
6.25 	(1) has committed an offense for which mandatory revocation of license is required 
6.26 	upon conviction;
6.27 	(2) has been convicted by a court for violating a provision of chapter 169 or 
6.28 	an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and 
6.29 	department records show that the violation contributed in causing an accident resulting in 
6.30 	the death or personal injury of another, or serious property damage;
6.31 	(3) is an habitually reckless or negligent driver of a motor vehicle;
6.32 	(4) is an habitual violator of the traffic laws;
6.33 	(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
7.1 	(6) has permitted an unlawful or fraudulent use of the license;
7.2 	(7) has committed an offense in another state that, if committed in this state, would 
7.3 	be grounds for suspension;
7.4 	(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), 
7.5 	within five years of a prior conviction under that section;
7.6 	(9) has committed a violation of section 171.22, except that the commissioner may 
7.7 	not suspend a person's driver's license based solely on the fact that the person possessed a 
7.8 	fictitious or fraudulently altered Minnesota identification card;
7.9 	(10) has failed to appear in court as provided in section 169.92, subdivision 4;
7.10 	(11) has failed to report a medical condition that, if reported, would have resulted in 
7.11 	cancellation of driving privileges;
7.12 	(12) has been found to have committed an offense under section 169A.33; or
7.13 	(13) has paid or attempted to pay a fee required under this chapter for a license or 
7.14 	permit by means of a dishonored check issued to the state or a driver's license agent, 
7.15 	which must be continued until the registrar determines or is informed by the agent that 
7.16 	the dishonored check has been paid in full.
7.17 	However, an action taken by the commissioner under clause (2) or (5) must conform to 
7.18 	the recommendation of the court when made in connection with the prosecution of the 
7.19 	licensee.
7.20 	(b) The commissioner may not suspend the driver's license of an individual under 
7.21 	paragraph (a) who was convicted of a violation of section 171.24, subdivision 1, whose 
7.22 	license was under suspension at the time solely because of the individual's failure to 
7.23 	appear in court or failure to pay a fine.

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

7.25 	Sec. 10. Minnesota Statutes 2004, section 181.973, is amended to read:
7.26 	181.973 EMPLOYEE PUBLIC SAFETY PEER COUNSELING AND 
7.27 	DEBRIEFING.
7.28 	A person engaged in a public safety peer counseling or a public safety peer debriefing 
7.29 	shall not, without the permission of the person being debriefed or counseled, be allowed to 
7.30 	disclose any information or opinion which the peer group member or peer counselor has 
7.31 	acquired during the debriefing process. However, this does not prohibit a peer counselor 
7.32 	from disclosing information the peer counselor reasonably believes indicates that the 
7.33 	person may be a danger to self or others, if the information is used only for the purpose of 
7.34 	eliminating the danger to the person or others. Any information or opinion disclosed in 
8.1 	violation of this paragraph is not admissible as evidence in any personnel or occupational 
8.2 	licensing matter involving the person being debriefed or counseled.
8.3 	For purposes of this paragraphsection, "public safety peer counseling or debriefing" 
8.4 	means a group process oriented debriefing session, or one-to-one contact with a peer 
8.5 	counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, 
8.6 	or other persons involved with public safety emergency services, that is established by 
8.7 	any agency providing public safety emergency services and is designed to help a person 
8.8 	who has suffered an occupation-related traumatic event trauma, illness, or stress begin 
8.9 	the process of healing and effectively dealing with posttraumatic stress the person's 
8.10 	problems or the use of the peer counselor for direction with referrals to better service 
8.11 	these occupation-related issues. A "peer counselor" means someone so designated by 
8.12 	that agency.

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

8.14 	Sec. 11. Minnesota Statutes 2004, section 241.016, subdivision 1, is amended to read:
8.15 		Subdivision 1.Biennial report. (a) The Department of Corrections shall submit a 
8.16 	performance report to the chairs and ranking minority members of the senate and house 
8.17 	committees and divisions having jurisdiction over criminal justice funding by January 
8.18 	15, 2005, and every other year thereafter. The issuance and content of the report must 
8.19 	include the following:
8.20 	(1) department strategic mission, goals, and objectives;
8.21 	(2) the department-wide per diem, adult facility-specific per diems, and an average 
8.22 	per diem, reported in a standard calculated method as outlined in the departmental policies 
8.23 	and procedures; and
8.24 	(3) department annual statistics as outlined in the departmental policies and 
8.25 	procedures; and
8.26 	(4) information about prison-based mental health programs, including, but not 
8.27 	limited to, the availability of these programs, participation rates, and completion rates.
8.28 	(b) The department shall maintain recidivism rates for adult facilities on an annual 
8.29 	basis. In addition, each year the department shall, on an alternating basis, complete a 
8.30 	recidivism analysis of adult facilities, juvenile services, and the community services 
8.31 	divisions and include a three-year recidivism analysis in the report described in paragraph 
8.32 	(a). When appropriate, the recidivism analysis must include education programs, 
8.33 	vocational programs, treatment programs, including mental health programs, industry, 
8.34 	and employment. In addition, when reporting recidivism for the department's adult and 
8.35 	juvenile facilities, the department shall report on the extent to which offenders it has 
9.1 	assessed as chemically dependent commit new offenses, with separate recidivism rates 
9.2 	reported for persons completing and not completing the department's treatment programs.

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

9.4 	Sec. 12. [241.0222] CONTRACTS WITH NEWLY CONSTRUCTED JAIL 
9.5 	FACILITIES THAT PROVIDE ACCESS TO CHEMICAL DEPENDENCY 
9.6 	TREATMENT PROGRAMS.
9.7 	Notwithstanding section 16C.05, subdivision 2, the commissioner may enter into 
9.8 	contracts, up to five years in duration, with a county or group of counties to house inmates 
9.9 	committed to the custody of the commissioner in newly constructed county or regional jail 
9.10 	facilities that provide inmates access to chemical dependency treatment programs licensed 
9.11 	by the Department of Human Services. A contract entered into under this section may 
9.12 	contain an option to renew the contract for a term of up to five years.

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

9.14 	Sec. 13. Minnesota Statutes 2005 Supplement, section 241.06, is amended by adding a 
9.15 	subdivision to read:
9.16 		Subd. 3.Substance abuse information provided to supervising corrections 
9.17 	agency.  When an offender is being released from prison, the commissioner shall provide 
9.18 	to the corrections agency that will supervise the offender prison records relating to that 
9.19 	offender's prison-based substance abuse assessments, treatment, and any other substance 
9.20 	abuse-related services provided to the offender. If the offender did not participate in 
9.21 	the prison-based substance abuse program to which the offender was directed, the 
9.22 	commissioner shall provide the supervising agency with an explanation of the reasons.

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

9.24 	Sec. 14. [241.40] PERIODIC REVIEWS OF SUBSTANCE ABUSE 
9.25 	ASSESSMENT PROCESS.
9.26 	By January 15, 2007, and at least once every three years thereafter, the commissioner 
9.27 	shall ensure that an outside entity conducts an independent review of the department's 
9.28 	prison-based substance abuse assessment activities.

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

9.30 	Sec. 15. [241.415] RELEASE PLANS; SUBSTANCE ABUSE.
10.1 	The commissioner shall cooperate with community-based corrections agencies to 
10.2 	determine how best to address the substance abuse treatment needs of offenders who are 
10.3 	being released from prison. The commissioner shall ensure that an offender's prison 
10.4 	release plan adequately addresses the offender's needs for substance abuse assessment, 
10.5 	treatment, or other services following release, within the limits of available resources.

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

10.7 	Sec. 16. [241.416] SUBSTANCE ABUSE PROGRAMS; RECORD KEEPING.
10.8 	The commissioner shall keep adequate records regarding inmate participation in 
10.9 	substance abuse treatment programs. For inmates who did not comply with directives to 
10.10 	participate in substance abuse treatment programs, these records must include the reasons 
10.11 	why the inmate did not do so.

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

10.13 	Sec. 17. [241.75] INMATE HEALTH CARE DECISIONS.
10.14 		Subdivision 1.Definitions. (a) Except as provided in paragraph (b), the definitions 
10.15 	in chapter 145C apply to this section.
10.16 	(b) "Health care" means any care, treatment, service, or procedure to maintain, 
10.17 	diagnose, or otherwise affect a person's physical or mental condition.
10.18 		Subd. 2.Health care decisions. The medical director of the Department of 
10.19 	Corrections may make a health care decision for an inmate incarcerated in a state 
10.20 	correctional facility if the inmate's attending physician determines that the inmate lacks 
10.21 	decision-making capacity and:
10.22 	(1) there is not a documented health care agent designated by the inmate or the 
10.23 	health care agent is not reasonably available to make the health care decision;
10.24 	(2) if there is a documented health care directive, the decision is consistent with 
10.25 	that directive;
10.26 	(3) the decision is consistent with reasonable medical practice and other applicable 
10.27 	law; and
10.28 	(4) the medical director has made a good-faith attempt to consult with the inmate's 
10.29 	next of kin or emergency contact person in making the decision, to the extent those 
10.30 	persons are reasonably available.
10.31 		Subd. 3.Disagreement regarding health care; guardianship petition. If the 
10.32 	medical director consults with an inmate's next of kin under subdivision 2, clause (4), and 
10.33 	the inmate's next of kin and the medical director are not in agreement with respect to a 
11.1 	health care decision, the commissioner may bring a petition under section 524.5-303 for 
11.2 	appointment of a guardian with authority to make health care decisions for the inmate.

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

11.4 	Sec. 18. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 1b, 
11.5 	is amended to read:
11.6 		Subd. 1b.Registration required. (a) A person shall register under this section if:
11.7 	(1) the person was charged with or petitioned for a felony violation of or attempt to 
11.8 	violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
11.9 	of or adjudicated delinquent for that offense or another offense arising out of the same 
11.10 	set of circumstances:
11.11 	(i) murder under section 609.185, clause (2);
11.12 	(ii) kidnapping under section 609.25;
11.13 	(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 
11.14 	609.3451, subdivision 3; or 609.3453; or
11.15 	(iv) indecent exposure under section 617.23, subdivision 3;
11.16 	(2) the person was charged with or petitioned for a violation of, or attempt to 
11.17 	violate, or aiding, abetting, or conspiracy to commit false imprisonment in violation of 
11.18 	section 609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of 
11.19 	section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of 
11.20 	section 609.352; using a minor in a sexual performance in violation of section 617.246; 
11.21 	or possessing pornographic work involving a minor in violation of section 617.247, and 
11.22 	convicted of or adjudicated delinquent for that offense or another offense arising out 
11.23 	of the same set of circumstances;
11.24 	(3) the person was sentenced as a patterned sex offender under section 609.108; or
11.25 	(4) the person was convicted of or adjudicated delinquent for, including pursuant 
11.26 	to a court martial, violating a law of the United States, including the Uniform Code of 
11.27 	Military Justice, similar to the offenses described in clause (1), (2), or (3).
11.28 	(b) A person also shall register under this section if:
11.29 	(1) the person was convicted of or adjudicated delinquent in another state for an 
11.30 	offense that would be a violation of a law described in paragraph (a) if committed in 
11.31 	this state;
11.32 	(2) the person enters this state to reside, work, or attend school, or enters this state 
11.33 	and remains for 14 days or longer; and
11.34 	(3) ten years have not elapsed since the person was released from confinement 
11.35 	or, if the person was not confined, since the person was convicted of or adjudicated 
12.1 	delinquent for the offense that triggers registration, unless the person is subject to lifetime 
12.2 	registration, in which case. If the person is required to register for life under Minnesota 
12.3 	law or the law of any other state in which the person has been convicted, adjudicated, or 
12.4 	required to register, the person shall register for life regardless of when the person was 
12.5 	released from confinement, convicted, or adjudicated delinquent.
12.6 	(c) A person also shall register under this section if the person was committed 
12.7 	pursuant to a court commitment order under section 253B.185 or Minnesota Statutes 
12.8 	1992, section 526.10, or a similar law of another state or the United States, regardless of 
12.9 	whether the person was convicted of any offense.
12.10 	(d) A person also shall register under this section if:
12.11 	(1) the person was charged with or petitioned for a felony violation or attempt to 
12.12 	violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another 
12.13 	state or the United States, or the person was charged with or petitioned for a violation of 
12.14 	any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or 
12.15 	the United States;
12.16 	(2) the person was found not guilty by reason of mental illness or mental deficiency 
12.17 	after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
12.18 	states with a guilty but mentally ill verdict; and
12.19 	(3) the person was committed pursuant to a court commitment order under section 
12.20 	253B.18 or a similar law of another state or the United States.

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

12.23 	Sec. 19. Minnesota Statutes 2005 Supplement, section 243.166, subdivision 6, is 
12.24 	amended to read:
12.25 		Subd. 6.Registration period. (a) Notwithstanding the provisions of section 
12.26 	609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person 
12.27 	required to register under this section shall continue to comply with this section until ten 
12.28 	years have elapsed since the person initially registered in connection with the offense, or 
12.29 	until the probation, supervised release, or conditional release period expires, whichever 
12.30 	occurs later. For a person required to register under this section who is committed under 
12.31 	section 253B.18 or 253B.185, the ten-year registration period does not include the period 
12.32 	of commitment.
12.33 	(b) If a person required to register under this section fails to provide the person's 
12.34 	primary address as required by subdivision 3, paragraph (b), fails to comply with the 
12.35 	requirements of subdivision 3a, fails to provide information as required by subdivision 
13.1 	4a, or fails to return the verification form referenced in subdivision 4 within ten days, 
13.2 	the commissioner of public safety may require the person to continue to register for an 
13.3 	additional period of five years. This five-year period is added to the end of the offender's 
13.4 	registration period.
13.5 	(c) If a person required to register under this section is subsequently incarcerated 
13.6 	following a conviction for a new offense or following a revocation of probation, 
13.7 	supervised release, or conditional release for any offense, the person shall continue to 
13.8 	register until ten years have elapsed since the person was last released from incarceration 
13.9 	or until the person's probation, supervised release, or conditional release period expires, 
13.10 	whichever occurs later.
13.11 	(d) A person shall continue to comply with this section for the life of that person:
13.12 	(1) if the person is convicted of or adjudicated delinquent for any offense for which 
13.13 	registration is required under subdivision 1b, or any offense from another state or any 
13.14 	federal offense similar to the offenses described in subdivision 1b, and the person has a 
13.15 	prior conviction or adjudication for an offense for which registration was or would have 
13.16 	been required under subdivision 1b, or an offense from another state or a federal offense 
13.17 	similar to an offense described in subdivision 1b;
13.18 	(2) if the person is required to register based upon a conviction or delinquency 
13.19 	adjudication for an offense under section 609.185, clause (2), or a similar statute from 
13.20 	another state or the United States;
13.21 	(3) if the person is required to register based upon a conviction for an offense under 
13.22 	section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
13.23 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); 
13.24 	or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the 
13.25 	United States similar to the offenses described in this clause; or
13.26 	(4) if the person is required to register under subdivision 1b, paragraph (c), following 
13.27 	commitment pursuant to a court commitment under section 253B.185 or a similar law 
13.28 	of another state or the United States; or 
13.29 	(5) if the person is required to register for life under the law of any other state in 
13.30 	which the person has been previously convicted, adjudicated, or required to register.

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

13.33 	Sec. 20. Minnesota Statutes 2005 Supplement, section 244.055, subdivision 10, 
13.34 	is amended to read:
14.1 		Subd. 10.Notice. Upon receiving an offender's petition for release under 
14.2 	subdivision 2, the commissioner shall notify the prosecuting authority responsible for the 
14.3 	offender's conviction and the sentencing court. The commissioner shall give the authority 
14.4 	and court a reasonable opportunity to comment on the offender's potential release. If the 
14.5 	authority or court elects to comment, the comments must specify the reasons for the 
14.6 	authority or court's position. This subdivision applies only to offenders sentenced before 
14.7 	July 1, 2005.

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

14.9 	Sec. 21. Minnesota Statutes 2005 Supplement, section 244.055, subdivision 11, 
14.10 	is amended to read:
14.11 		Subd. 11.Sunset. This section expires July 1, 2007 2009.

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

14.13 	Sec. 22. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 5, is 
14.14 	amended to read:
14.15 		Subd. 5.Procedures in cases where state intends to seek an aggravated 
14.16 	departure. (a) When the prosecutor provides reasonable notice under subdivision 4, the 
14.17 	district court shall allow the state to prove beyond a reasonable doubt to a jury of 12 
14.18 	members the factors in support of the state's request for an aggravated departure from 
14.19 	the Sentencing Guidelines or the state's request for an aggravated sentence under any 
14.20 	sentencing enhancement statute or the state's request for a mandatory minimum under 
14.21 	section 609.11 as provided in paragraph (b) or (c).
14.22 	(b) The district court shall allow a unitary trial and final argument to a jury regarding 
14.23 	both evidence in support of the elements of the offense and evidence in support of 
14.24 	aggravating factors when the evidence in support of the aggravating factors:
14.25 	(1) would be admissible as part of the trial on the elements of the offense; or
14.26 	(2) would not result in unfair prejudice to the defendant.
14.27 	The existence of each aggravating factor shall be determined by use of a special 
14.28 	verdict form.
14.29 	Upon the request of the prosecutor, the court shall allow bifurcated argument and 
14.30 	jury deliberations.
14.31 	(c) The district court shall bifurcate the proceedings, or impanel a resentencing jury, 
14.32 	to allow for the production of evidence, argument, and deliberations on the existence of 
15.1 	factors in support of an aggravated departure after the return of a guilty verdict when the 
15.2 	evidence in support of an aggravated departure:
15.3 	(1) includes evidence that is otherwise inadmissible at a trial on the elements of 
15.4 	the offense; and
15.5 	(2) would result in unfair prejudice to the defendant.

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

15.9 	Sec. 23. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 6, is 
15.10 	amended to read:
15.11 		Subd. 6.Defendants to present evidence and argument. In either a unitary or 
15.12 	bifurcated trial under subdivision 5, a defendant shall be allowed to present evidence 
15.13 	and argument to the jury or factfinder regarding whether facts exist that would justify 
15.14 	an aggravated durational departure or an aggravated sentence under any sentencing 
15.15 	enhancement statute or a mandatory minimum sentence under section 609.11. A defendant 
15.16 	is not allowed to present evidence or argument to the jury or factfinder regarding facts in 
15.17 	support of a mitigated departure during the trial, but may present evidence and argument 
15.18 	in support of a mitigated departure to the judge as factfinder during a sentencing hearing.

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

15.22 	Sec. 24. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 7, is 
15.23 	amended to read:
15.24 		Subd. 7.Waiver of jury determination. The defendant may waive the right to a 
15.25 	jury determination of whether facts exist that would justify an aggravated sentence. Upon 
15.26 	receipt of a waiver of a jury trial on this issue, the district court shall determine beyond 
15.27 	a reasonable doubt whether the factors in support of the state's motion for aggravated 
15.28 	departure or an aggravated sentence under any sentencing enhancement statute or a 
15.29 	mandatory minimum sentence under section 609.11 exist.

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

16.1 	Sec. 25. [299A.79] TOLL-FREE HOTLINE FOR TRAFFICKING VICTIMS.
16.2 	(a) As used in this section, "trafficking victim" has the meaning given in section 
16.3 	299A.78, subdivision 1.
16.4 	(b) The commissioner of public safety shall contract with a nonprofit organization 
16.5 	that provides legal services to domestic and international trafficking victims to maintain a 
16.6 	toll-free telephone hotline for trafficking victims. 
16.7 	The hotline must be in place by January 1, 2007, and must be operated 24 hours 
16.8 	a day, 365 days a year. The hotline must offer language interpreters for languages 
16.9 	commonly spoken in Minnesota, including, but not limited to, Spanish, Vietnamese, 
16.10 	Hmong, and Somali. At a minimum, the hotline must screen trafficking victims, both 
16.11 	domestic and international, and provide appropriate referrals to attorneys and victims' 
16.12 	services organizations.

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

16.14 	Sec. 26. [299A.81] MENTORING PROGRAMS; CRIMINAL BACKGROUND 
16.15 	CHECKS.
16.16 		Subdivision 1.Definition. For purposes of this section, "mentoring" means a 
16.17 	commitment between an adult and youth focused on developing the character and 
16.18 	capabilities of the young person and involving regular, personal, and/or face-to-face 
16.19 	meetings.
16.20 		Subd. 2.Background check requests. To screen for safety risks, an organization 
16.21 	providing mentor services may request the Bureau of Criminal Apprehension to perform 
16.22 	a criminal background check on persons volunteering to become a mentor under the 
16.23 	organization's supervision.
16.24 		Subd. 3.Background checks. The superintendent of the Bureau of Criminal 
16.25 	Apprehension shall provide up to 15,000 background checks upon request for background 
16.26 	checks by organizations specified in subdivision 2.

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

16.28 	Sec. 27. [299A.85] REPORTING OF UNIDENTIFIED PERSONS/HUMAN 
16.29 	REMAINS.
16.30 		Subdivision 1.Handling of death scene investigations. (a) The Department of 
16.31 	Public Safety shall provide information to local law enforcement agencies about best 
16.32 	practices for handling death scene investigations.
17.1 	(b) The Department of Public Safety shall identify any publications or training 
17.2 	opportunities that may be available to local law enforcement agencies or law enforcement 
17.3 	officers concerning the handling of death scene investigations.
17.4 		Subd. 2.Law enforcement reports. (a) After performing any death scene 
17.5 	investigation considered appropriate under the circumstances, the official with custody of 
17.6 	the human remains shall ensure that the human remains are delivered to the appropriate 
17.7 	medical examiner.
17.8 	(b) A person with custody of human remains that are not identified within 24 hours 
17.9 	of discovery shall promptly notify the Department of Public Safety of the location of 
17.10 	those remains.
17.11 	(c) A person with custody of remains who cannot determine whether or not the 
17.12 	remains found are human shall notify the Department of Public Safety of the existence of 
17.13 	possible human remains.

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

17.15 	Sec. 28. Minnesota Statutes 2005 Supplement, section 299C.105, subdivision 3, 
17.16 	is amended to read:
17.17 		Subd. 3.Bureau duty. (a) The bureau shall destroy the biological specimen and 
17.18 	return all records to a person who submitted a biological specimen under subdivision 1 
17.19 	but who was found not guilty of a felony. Upon the request of a person who submitted a 
17.20 	biological specimen under subdivision 1 but where was either found not guilty of a felony 
17.21 	or the charge against the person was later dismissed, the bureau shall destroy the person's 
17.22 	biological specimen and return all records to the individual.
17.23 	(b) If the bureau destroys a biological specimen under paragraph (a), the bureau shall 
17.24 	also remove the person's information from the bureau's combined DNA index system and 
17.25 	return all related records and all copies or duplicates of them.

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

17.27 	Sec. 29. [299C.156] FORENSIC LABORATORY ADVISORY BOARD.
17.28 		Subdivision 1.Membership. (a) The Forensic Laboratory Advisory Board consists 
17.29 	of the following:
17.30 	(1) the superintendent of the Bureau of Criminal Apprehension or the 
17.31 	superintendent's designee;
17.32 	(2) the commissioner of public safety or the commissioner's designee;
17.33 	(3) the commissioner of corrections or the commissioner's designee;
18.1 	(4) an individual with expertise in the field of forensic science, selected by the 
18.2 	governor;
18.3 	(5) an individual with expertise in the field of forensic science, selected by the 
18.4 	attorney general;
18.5 	(6) a faculty member of the University of Minnesota, selected by the president of 
18.6 	the university;
18.7 	(7) the state public defender or a designee;
18.8 	(8) a prosecutor, selected by the Minnesota County Attorneys Association;
18.9 	(9) a sheriff, selected by the Minnesota Sheriffs Association;
18.10 	(10) a police chief, selected by the Minnesota Chiefs of Police Association;
18.11 	(11) a judge or court administrator, selected by the chief justice of the Supreme 
18.12 	Court; and 
18.13 	(12) a criminal defense attorney, selected by the Minnesota State Bar Association.
18.14 	(b) The board shall select a chair from among its members.
18.15 	(c) Board members serve four-year terms and may be reappointed.
18.16 	(d) The board may employ staff necessary to carry out its duties.
18.17 		Subd. 2.Duties. The board may:
18.18 	(1) develop and implement a reporting system through which laboratories, facilities, 
18.19 	or entities that conduct forensic analyses report professional negligence or misconduct 
18.20 	that substantially affects the integrity of the forensic results committed by employees 
18.21 	or contractors;
18.22 	(2) encourage all laboratories, facilities, or entities that conduct forensic analyses to 
18.23 	report professional negligence or misconduct that substantially affects the integrity of the 
18.24 	forensic results committed by employees or contractors to the board; 
18.25 	(3) investigate, in a timely manner, any allegation of professional negligence or 
18.26 	misconduct that would substantially affect the integrity of the results of a forensic analysis 
18.27 	conducted by a laboratory, facility, or entity; and 
18.28 	(4) encourage laboratories, facilities, and entities that conduct forensic analyses to 
18.29 	become accredited by the American Society of Crime Laboratory Directors/Laboratory 
18.30 	Accreditation Board (ALCLD/LAB) or other appropriate accrediting body and develop 
18.31 	and implement a process for those entities to report their accreditation status to the board. 
18.32 		Subd. 3.Investigations. An investigation under subdivision 2, clause (3):
18.33 	(1) may include the preparation of a written report that identifies and describes the 
18.34 	methods and procedures used to identify:
18.35 	(i) the alleged negligence or misconduct;
18.36 	(ii) whether negligence or misconduct occurred; and
19.1 	(iii) any corrective action required of the laboratory, facility, or entity; and
19.2 	(2) may include one or more:
19.3 	(i) retrospective reexaminations of other forensic analyses conducted by the 
19.4 	laboratory, facility, or entity that may involve the same kind of negligence or misconduct; 
19.5 	and
19.6 	(ii) follow-up evaluations of the laboratory, facility, or entity to review:
19.7 	(A) the implementation of any corrective action required under clause (1), item 
19.8 	(iii); or
19.9 	(B) the conclusion of any retrospective reexamination under this clause, item (i).
19.10 		Subd. 4.Delegation of duties. The board by contract may delegate the duties 
19.11 	described in subdivision 2, clauses (1) and (3), to any person or entity that the board 
19.12 	determines to be qualified to assume those duties.
19.13 		Subd. 5.Reviews and reports are public. The board shall make all investigation 
19.14 	reports completed under subdivision 3, clause (1), available to the public. A report 
19.15 	completed under subdivision 3, clause (1), in a subsequent civil or criminal proceeding is 
19.16 	not prima facie evidence of the information or findings contained in the report.
19.17 		Subd. 6.Reports to legislature. By January 15 of each year, the board shall submit 
19.18 	any report prepared under subdivision 3, clause (1), during the preceding calendar year to 
19.19 	the governor and the legislature.
19.20 		Subd. 7.Forensic analysis processing time period guidelines. (a) By July 1, 2007, 
19.21 	the board shall recommend forensic analysis processing time period guidelines applicable 
19.22 	to the Bureau of Criminal Apprehension and other laboratories, facilities, and entities that 
19.23 	conduct forensic analyses. When adopting and recommending these guidelines and when 
19.24 	making other related decisions, the board shall consider the goals and priorities identified 
19.25 	by the presidential DNA initiative. The board shall consider the feasibility of the Bureau 
19.26 	of Criminal Apprehension completing the processing of forensic evidence submitted to it 
19.27 	by sheriffs, chiefs of police, or state or local corrections authorities. 
19.28 		Subd. 8.Forensic evidence processing deadline. The board may recommend 
19.29 	reasonable standards and deadlines for the Bureau of Criminal Apprehension to test and 
19.30 	catalog forensic evidence samples relating to alleged crimes committed, including DNA 
19.31 	analysis, in their control and possession.
19.32 		Subd. 9.Office space. The commissioner of public safety may provide adequate 
19.33 	office space and administrative services to the board.
19.34 		Subd. 10.Expenses. Section 15.059 applies to the board.
19.35 		Subd. 11.Definition. As used in this section, "forensic analysis" means a medical, 
19.36 	chemical, toxicologic, ballistic, or other expert examination or test performed on physical 
20.1 	evidence, including DNA evidence, for the purpose of determining the connection of 
20.2 	the evidence to a criminal action.

20.3 	Sec. 30. Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is 
20.4 	amended to read:
20.5 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
20.6 	section.
20.7 	(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located 
20.8 	in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, 
20.9 	Criminal Justice Information Systems Section. A reference in this section to "CIBRS" 
20.10 	includes the Bureau of Criminal Apprehension.
20.11 	(c) "Law enforcement agency" means a Minnesota municipal police department, 
20.12 	the Metropolitan Transit Police, the Metropolitan Airports Police, the University of 
20.13 	Minnesota Police Department, the Department of Corrections' Fugitive Apprehension 
20.14 	Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 
20.15 	the Minnesota State Patrol.

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

20.17 	Sec. 31. Minnesota Statutes 2005 Supplement, section 299C.405, is amended to read:
20.18 	299C.405 SUBSCRIPTION SERVICE.
20.19 	(a) For the purposes of this section "subscription service" means a process by which 
20.20 	law enforcement agency personnel may obtain ongoing, automatic electronic notice of any 
20.21 	contacts an individual has with any criminal justice agency.
20.22 	(b) The Department of Public Safety must not establish a subscription service 
20.23 	without prior legislative authorization; except that, the Bureau of Criminal Apprehension 
20.24 	may employ under section 299C.40 a secure subscription service designed to promote 
20.25 	and enhance officer safety during tactical operations by and between federal, state, and 
20.26 	local law enforcement agencies by notifying law enforcement agencies of conflicts where 
20.27 	multiple law enforcement operations may be occurring on the same subject or vehicle or on 
20.28 	or near the same location. The notification may include warrant executions, surveillance 
20.29 	activities, SWAT activities, undercover operations, and other investigative operations.

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

20.31 	Sec. 32. [299C.565] MISSING PERSON REPORT.
21.1 	The local law enforcement agency having jurisdiction over the location where a 
21.2 	person has been missing or was last seen has the responsibility to take a missing person 
21.3 	report from an interested party. If this location cannot be clearly and easily established, 
21.4 	the local law enforcement agency having jurisdiction over the last verified location where 
21.5 	the missing person last resided has the responsibility to take the report. 

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

21.7 	Sec. 33. Minnesota Statutes 2005 Supplement, section 299C.65, subdivision 2, is 
21.8 	amended to read:
21.9 		Subd. 2.Task force. The policy group shall appoint a task force to assist them 
21.10 	in their duties. The task force shall monitor, review, and report to the policy group on 
21.11 	CriMNet-related projects and provide oversight to ongoing operations as directed by the 
21.12 	policy group. The task force shall consist of the following members:
21.13 	(1) two sheriffs recommended by the Minnesota Sheriffs Association;
21.14 	(2) two police chiefs recommended by the Minnesota Chiefs of Police Association;
21.15 	(3) two county attorneys recommended by the Minnesota County Attorneys 
21.16 	Association;
21.17 	(4) two city attorneys recommended by the Minnesota League of Cities;
21.18 	(5) two public defenders appointed by the Board of Public Defense;
21.19 	(6) two district judges appointed by the Conference of Chief Judges, one of whom is 
21.20 	currently assigned to the juvenile court;
21.21 	(7) two community corrections administrators recommended by the Minnesota 
21.22 	Association of Counties, one of whom represents a community corrections act county;
21.23 	(8) two probation officers;
21.24 	(9) four public members, one of whom has been a victim of crime, and two who 
21.25 	are representatives of the private business community who have expertise in integrated 
21.26 	information systems and who for the purpose of meetings of the full task force may be 
21.27 	compensated pursuant to section 15.059;
21.28 	(10) two court administrators;
21.29 	(11) one member of the house of representatives appointed by the speaker of the 
21.30 	house;
21.31 	(12) one member of the senate appointed by the majority leader;
21.32 	(13) the attorney general or a designee;
21.33 	(14) two individuals recommended by the Minnesota League of Cities, one of 
21.34 	whom works or resides in greater Minnesota and one of whom works or resides in the 
21.35 	seven-county metropolitan area;
22.1 	(15) two individuals recommended by the Minnesota Association of Counties, one 
22.2 	of whom works or resides in greater Minnesota and one of whom works or resides in the 
22.3 	seven-county metropolitan area;
22.4 	(16) the director of the Sentencing Guidelines Commission;
22.5 	(17) one member appointed by the state chief information officer;
22.6 	(17) (18) one member appointed by the commissioner of public safety;
22.7 	(18) (19) one member appointed by the commissioner of corrections;
22.8 	(19) (20) one member appointed by the commissioner of administration; and
22.9 	(20) (21) one member appointed by the chief justice of the Supreme Court.
22.10 	In making these appointments, the appointing authority shall select members with 
22.11 	expertise in integrated data systems or best practices.
22.12 	The commissioner of public safety may appoint additional, nonvoting members to 
22.13 	the task force as necessary from time to time.

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

22.15 	Sec. 34. Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to read:
22.16 		Subd. 5.Appeal policy; variance. Upon application, the state fire marshal may 
22.17 	grant variances from the minimum requirements specified in the code if there is substantial 
22.18 	compliance with the provisions of the code, the safety of the public and occupants of 
22.19 	such building will not be jeopardized, and undue hardship will result to the applicant 
22.20 	unless such variance is granted. No appeal to the state fire marshal for a variance from 
22.21 	orders issued by a local fire official from the Uniform Fire Code shall be accepted until 
22.22 	the applicant has first made application to the local governing body and the local unit has 
22.23 	acted on the application. The state fire marshal shall consider the decisionany decisions 
22.24 	or recommendations of the local governing body. Any person aggrieved by a decision 
22.25 	made by the fire marshal under this subdivision may proceed before the fire marshal as 
22.26 	with a contested case in accordance with the Administrative Procedure Act.

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

22.28 	Sec. 35. Minnesota Statutes 2004, section 346.155, subdivision 1, is amended to read:
22.29 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
22.30 	section.
22.31 	(b) "Person" means any natural person, firm, partnership, corporation, or association, 
22.32 	however organized.
22.33 	(c) "Wildlife sanctuary" means a 501(c)(3) nonprofit organization that:
23.1 	(1) operates a place of refuge where abused, neglected, unwanted, impounded, 
23.2 	abandoned, orphaned, or displaced wildlife are provided care for their lifetime;
23.3 	(2) does not conduct any commercial activity with respect to any animal of which 
23.4 	the organization is an owner; and
23.5 	(3) does not buy, sell, trade, auction, lease, loan, or breed any animal of which the 
23.6 	organization is an owner, except as an integral part of the species survival plan of the 
23.7 	American Zoo and Aquarium Association.
23.8 	(d) "Possess" means to own, care for, have custody of, or control.
23.9 	(e) "Regulated animal" means:
23.10 	(1) all members of the Felidae family including, but not limited to, lions, tigers, 
23.11 	cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats 
23.12 	recognized as a domestic breed, registered as a domestic breed, and shown as a domestic 
23.13 	breed by a national or international multibreed cat registry association;
23.14 	(2) bears; and
23.15 	(3) all nonhuman primates, including, but not limited to, lemurs, monkeys, 
23.16 	chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.
23.17 	Regulated animal includes any hybrid or cross between an animal listed in clause 
23.18 	(1), (2), or (3) and a domestic animal and offspring from all subsequent generations of 
23.19 	those crosses or hybrids.
23.20 	(f) "Local animal control authority" means an agency of the state, county, 
23.21 	municipality, or other governmental subdivision of the state that is responsible for animal 
23.22 	control operations in its jurisdiction.
23.23 	(g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the 
23.24 	meanings given them in section 609.02.

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

23.27 	Sec. 36. Minnesota Statutes 2004, section 346.155, subdivision 4, is amended to read:
23.28 		Subd. 4.Requirements. (a) A person who possesses a regulated animal must 
23.29 	maintain health and ownership records on each animal and must maintain the records 
23.30 	for the life of the animal. If possession of the regulated animal is transferred to another 
23.31 	person, a copy of the health and ownership records must accompany the animal.
23.32 	(b) A person who possesses a regulated animal must maintain an ongoing program 
23.33 	of veterinary care which includes a veterinary visit to the premises at least annually.
23.34 	(c) A person who possesses a regulated animal must notify the local animal control 
23.35 	authority in writing within ten days of a change in address or location where the regulated 
24.1 	animal is kept. The notification of change in address or location form must be prepared by 
24.2 	the Minnesota Animal Control Association and approved by the Board of Animal Health. 
24.3 	(d) A person with a United States Department of Agriculture license for regulated 
24.4 	animals shall forward a copy of the United States Department of Agriculture inspection 
24.5 	report to the local animal control authority within 30 days of receipt of the inspection 
24.6 	report.
24.7 	(e) A person who possesses a regulated animal shall prominently display a sign on 
24.8 	the structure where the animal is housed indicating that a dangerous  regulated animal 
24.9 	is on the premises.
24.10 	(f) A person who possesses a regulated animal must notify, as soon as practicable, 
24.11 	local law enforcement officials of any escape of a regulated animal. The person who 
24.12 	possesses the regulated animal is liable for any costs incurred by any person, city, county, 
24.13 	or state agency resulting from the escape of a regulated animal unless the escape is due to 
24.14 	a criminal act by another person or a natural event.
24.15 	(g) A person who possesses a regulated animal must maintain a written recovery 
24.16 	plan in the event of the escape of a regulated animal. The person must maintain live traps, 
24.17 	or other equipment necessary to assist in the recovery of the regulated animal.
24.18 	(h) If requested by the local animal control authority, A person may not move a 
24.19 	regulated animal from its location unless the person notifies the local animal control 
24.20 	authority prior to moving the animal. The notification must include the date and the 
24.21 	location where the animal is  to be moved. This paragraph does not apply to a regulated 
24.22 	animal transported to a licensed veterinarian.
24.23 	(i) If a person who possesses a regulated animal can no longer care for the animal, 
24.24 	the person shall take steps to find long-term placement for the regulated animal.

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

24.26 	Sec. 37. Minnesota Statutes 2004, section 346.155, subdivision 5, is amended to read:
24.27 		Subd. 5.Seizure. (a) The local animal control authority, upon issuance of a 
24.28 	notice of inspection, must be granted access at reasonable times to sites where the local 
24.29 	animal control authority has reason to believe a violation of this chapter is occurring or 
24.30 	has occurred.
24.31 	(b) If a person who possesses a regulated animal is not in compliance with the 
24.32 	requirements of this section, the local animal control authority shall take possession of the 
24.33 	animal for custody and care, provided that the procedures in this subdivision are followed.
24.34 	(c) Upon request of a person possessing a regulated animal, the local animal control 
24.35 	authority may allow the animal to remain in the physical custody of the owner for 30 days, 
25.1 	during which time the owner shall take all necessary actions to come in compliance with 
25.2 	this section. During the 30-day period, the local animal control authority may inspect, at 
25.3 	any reasonable time, the premises where the animal is kept.
25.4 	(d) If a person who possesses a regulated animal is not in compliance with this 
25.5 	section following the 30-day period described in paragraph (c), the local animal control 
25.6 	authority shall seize the animal and place it in a holding facility that is appropriate for the 
25.7 	species for up to ten days. 
25.8 	(e) The authority taking custody of an animal under this section shall provide a 
25.9 	notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at 
25.10 	the place where the animal is taken into custody, or by delivering it to a person residing 
25.11 	on the property. The notice must include:
25.12 	(1) a description of the animal seized; the authority for and purpose of the seizure; 
25.13 	the time, place, and circumstances under which the animal was seized; and a contact 
25.14 	person and telephone number;
25.15 	(2) a statement that a person from whom a regulated animal was seized may post 
25.16 	security to prevent disposition of the animal and may request a hearing concerning the 
25.17 	seizure and that failure to do so within five business days of the date of the notice will 
25.18 	result in disposition of the animal;
25.19 	(3) a statement that actual costs of the care, keeping, and disposal of the regulated 
25.20 	animal are the responsibility of the person from whom the animal was seized, except to 
25.21 	the extent that a court or hearing officer finds that the seizure or impoundment was not 
25.22 	substantially justified by law; and
25.23 	(4) a form that can be used by a person from whom a regulated animal was seized 
25.24 	for requesting a hearing under this subdivision.
25.25 	(e) (f) If a person from whom the regulated animal was seized makes a request 
25.26 	within five business days of the seizure, a hearing must be held within five business days 
25.27 	of the request to determine the validity of the seizure and disposition of the animal. The 
25.28 	judge or hearing officer may authorize the return of the animal to the person from whom 
25.29 	the animal was seized if the judge or hearing officer finds:
25.30 	(1) that the person can and will provide the care required by law for the regulated 
25.31 	animal; and
25.32 	(2) the regulated animal is physically fit.
25.33 	(f) (g) If a judge or hearing officer orders a permanent disposition of the regulated 
25.34 	animal, the local animal control authority may take steps to find long-term placement for 
25.35 	the animal with a wildlife sanctuary, persons authorized by the Department of Natural 
25.36 	Resources, or an appropriate United States Department of Agriculture licensed facility.
26.1 	(g) (h) A person from whom a regulated animal is seized is liable for all actual costs 
26.2 	of care, keeping, and disposal of the animal, except to the extent that a court or hearing 
26.3 	officer finds that the seizure was not substantially justified by law. The costs must be paid 
26.4 	in full or a mutually satisfactory arrangement for payment must be made between the 
26.5 	local animal control authority and the person claiming an interest in the animal before 
26.6 	return of the animal to the person.
26.7 	(h) (i) A person from whom a regulated animal has been seized under this 
26.8 	subdivision may prevent disposition of the animal by posting security in the amount 
26.9 	sufficient to provide for the actual costs of care and keeping of the animal. The security 
26.10 	must be posted within five business days of the seizure, inclusive of the day of the seizure.
26.11 	(i) (j) If circumstances exist threatening the life of a person or the life of any animal, 
26.12 	local law enforcement or the local animal control authority shall may seize a regulated 
26.13 	animal without an opportunity for hearing or court order, or destroy the animal.

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

26.15 	Sec. 38. Minnesota Statutes 2004, section 346.155, is amended by adding a subdivision 
26.16 	to read:
26.17 		Subd. 9a.Confinement and control. A person violates this subdivision who 
26.18 	possesses a regulated animal and negligently fails to control the animal or keep it properly 
26.19 	confined and as a result the animal causes bodily harm, substantial bodily harm, or great 
26.20 	bodily harm to another person.

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

26.23 	Sec. 39. Minnesota Statutes 2004, section 346.155, subdivision 10, is amended to read:
26.24 		Subd. 10.Penalty.  (a) A person who knowingly violates subdivision 2, 3,  paragraph 
26.25 	(b) or (c), or 4 is guilty of a misdemeanor.
26.26 	(b) A person who knowingly violates subdivision 3, paragraph (a), is guilty of a 
26.27 	gross misdemeanor.
26.28 	(c) A person who violates subdivision 9a, resulting in bodily harm is guilty of a 
26.29 	misdemeanor and may be sentenced to imprisonment for not more than 90 days or to 
26.30 	payment of a fine of not more than $1,000, or both.
26.31 	(d) A person who violates subdivision 9a, resulting in substantial bodily harm is 
26.32 	guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
26.33 	one year or to payment of a fine of not more than $3,000, or both.
27.1 	(e) A person who violates subdivision 9a, resulting in great bodily harm or death 
27.2 	is guilty of a felony and may be sentenced to imprisonment for not more than two years 
27.3 	or to payment of a fine of not more than $5,000, or both, unless a greater penalty is 
27.4 	provided elsewhere.

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

27.7 	Sec. 40. Minnesota Statutes 2004, section 390.005, is amended to read:
27.8 	390.005 ELECTION OR APPOINTMENT, ELIGIBILITY; VACANCIES; 
27.9 	REMOVAL.
27.10 		Subdivision 1.County election Selection of coroner or medical examiner. Each 
27.11 	county must have a coroner or medical examiner. A coroner shall may be elected in each 
27.12 	county, as prescribed by section  382.01, except as provided in this section or appointed in 
27.13 	each county. A medical examiner must be appointed by the county board. The term of an 
27.14 	appointed coroner or medical examiner must not be longer than four years.
27.15 		Subd. 2.Appointment by resolution. In a county where the office of coroner has 
27.16 	not been abolished, The board of county commissioners may, by resolution, state its 
27.17 	intention to fill the office of coroner by appointment. The resolution must be adopted at 
27.18 	least six months before the end of the term of the incumbent coroner, if elected. After the 
27.19 	resolution is adopted, the board shall fill the office by appointing a person not less than 
27.20 	30 days before the end of the incumbent's term. The appointed coroner shall serve for a 
27.21 	term of office determined by the board beginning upon the expiration of the term of the 
27.22 	incumbent. The term must not be longer than four years.
27.23 	If there is a vacancy in the elected office in the county, the board may by resolution, 
27.24 	state its intention to fill the office by appointment. When the resolution is adopted, the 
27.25 	board shall fill the office by appointment immediately. The coroner shall serve for a term 
27.26 	determined by the board. The term must not be longer than four years.
27.27 		Subd. 3.Educational requirements Qualifications. A coroner must have 
27.28 	successfully completed academic courses in pharmacology, surgery, pathology, toxicology, 
27.29 	and physiology. However, if a board of county commissioners determines that the office 
27.30 	of coroner shall not be elective and it cannot appoint any person meeting the educational 
27.31 	qualifications as coroner, the board may:
27.32 	(1) appoint any qualified person, whether or not a resident of the county; or
27.33 	(2) if no qualified person can be found, appoint a person who is serving or has served 
27.34 	as deputy coroner, whether or not a resident of the county. (a) The medical examiner must 
28.1 	be a forensic pathologist who is certified or eligible for certification by the American 
28.2 	Board of Pathology.  The medical examiner is an appointed public official in a system of 
28.3 	death investigation in which the administrative control, the determination of the extent 
28.4 	of the examination, need for autopsy, and the filing of the cause and manner of death 
28.5 	information with the state registrar pursuant to section 144.221 are all under the control 
28.6 	of the medical examiner.  
28.7 	(b) The coroner must be a physician with a valid license in good standing under 
28.8 	chapter 147, to practice medicine as defined under section 147.081, subdivision 3.  The 
28.9 	coroner is a public official, elected or appointed, whose duty is to make inquiry into deaths 
28.10 	in certain categories, determine the cause and manner of death, and file the information 
28.11 	with the state registrar pursuant to section 144.221. The coroner must obtain additional 
28.12 	training in medicolegal death investigation, such as training by the American Board of 
28.13 	Medicolegal Death Investigators, within four years of taking office, unless the coroner 
28.14 	has already obtained this training.
28.15 	(c) The coroner or medical examiner need not be a resident of the county.
28.16 		Subd. 4.Certain incumbents. An incumbent coroner or medical examiner in 
28.17 	office on July 1, 1965 meetsthe effective date of this section is hereby deemed to meet 
28.18 	the qualifications prescribed by this section for the purpose of continuance in, reelection 
28.19 	to, or appointment to the office of coroner until the end of the current term of office, 
28.20 	after which this statute will apply.
28.21 		Subd. 5.Vacancies, removal. Vacancies in the office of coroner or medical 
28.22 	examiner shall be filled according to sections  375.08 and  382.02, or under subdivision 1. 
28.23 	A The medical examiner or appointed coroner may be removed from office as provided 
28.24 	by law. by the county board during a term of office for cause shown after a hearing upon 
28.25 	due notice of written charges. The hearing shall be conducted in accordance with that 
28.26 	county's human resources policy.

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

28.28 	Sec. 41. [390.0065] HENNEPIN COUNTY MEDICAL EXAMINER; 
28.29 	SELECTION AND TERM.
28.30 	Hennepin County shall use the following procedure to select the Hennepin County 
28.31 	medical examiner: the Hennepin County Board shall designate three licensed physicians 
28.32 	who shall constitute a Medical Examiner Board.  One member shall be a dean or professor 
28.33 	of the Department of Pathology of a Class A medical school as designated by the American 
28.34 	Medical Association.  Another member of the board shall be a member of the Minnesota 
28.35 	Society of Pathologists.  The third member shall be designated by the Hennepin County 
29.1 	Medical Association from its membership.  The Medical Examiner Board shall accept 
29.2 	applications for the position of Hennepin County medical examiner when a vacancy exists 
29.3 	in the office.  Applications therefore shall be considered from doctors of medicine who 
29.4 	are:  (1) graduates of a medical school recognized by the American Medical Association 
29.5 	or American Osteopathic Association, (2) members in good standing in the medical 
29.6 	profession, (3) eligible for appointment to the staff of the Hennepin County Medical 
29.7 	Center, and (4) certified or eligible for certification in forensic pathology by the American 
29.8 	Board of Pathology.  The Medical Examiner Board shall review the qualifications of the 
29.9 	applicants and shall rank the applicants deemed qualified for the position and provide 
29.10 	to the county board a report of the seven highest ranked applicants together with their 
29.11 	qualifications.  The county board shall appoint a county medical examiner from those 
29.12 	listed in the report.  The term of the examiner shall continue for four years from the date of 
29.13 	appointment.  Reappointment shall be made at least 90 days prior to the expiration of the 
29.14 	term.  If a vacancy requires a temporary appointment, the board of commissioners shall 
29.15 	appoint a medical doctor on the staff of the county medical examiner's office to assume 
29.16 	the duties of the medical examiner until an appointment can be made in compliance with 
29.17 	the specified selection procedure.  Actual and necessary expenses of the Medical Examiner 
29.18 	Board shall be paid in accordance with sections 471.38 to 471.415.  

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

29.20 	Sec. 42. Minnesota Statutes 2004, section 390.01, is amended to read:
29.21 	390.01 BOND AND INDEMNIFICATION .
29.22 	Before taking office, the coroner shall post bond to the state in a penal sum set by the 
29.23 	county board, not less than $500 nor more than $10,000. The coroner's bond is subject 
29.24 	to the same conditions in substance as in the bond required by law to be given by the 
29.25 	sheriff, except as to the description of the office. The coroner or medical examiner shall 
29.26 	be included in the bond held by the county for all appointed and elected county officials 
29.27 	and shall be defended and indemnified, pursuant to section 466.07. The bond and oath of 
29.28 	office shall be recorded and filed with the county recorder.

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

29.30 	Sec. 43. [390.011] AUTONOMY.
29.31 	The coroner or medical examiner is an independent official of the county, subject 
29.32 	only to appointment, removal, and budgeting by the county board.

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

30.2 	Sec. 44. [390.012] JURISDICTION.
30.3 	The coroner or medical examiner of the county in which a person dies or is 
30.4 	pronounced dead shall have jurisdiction over the death, regardless of where any injury that 
30.5 	resulted in the death occurred.  The place where death is pronounced is deemed to be the 
30.6 	place where death occurred.  If the place of death is unknown but the dead body is found in 
30.7 	Minnesota, the place where the body is found is considered the place of death.  If the date 
30.8 	of death is unknown, the date the body is found is considered the date of death, but only for 
30.9 	purposes of this chapter. When a death occurs in a moving conveyance and the body is first 
30.10 	removed in Minnesota, documentation of death must be filed in Minnesota and the place 
30.11 	of death is considered the place where the body is first removed from the conveyance.

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

30.13 	Sec. 45. Minnesota Statutes 2004, section 390.04, is amended to read:
30.14 	390.04 TO ACT WHEN SHERIFF A PARTY TO AN ACTION PROVISION 
30.15 	FOR TRANSFER OF JURISDICTION.
30.16 	When the sheriff is a party to an action or when a party, or a party's agent or 
30.17 	attorney, files with the court administrator of the district court an affidavit stating that the 
30.18 	party believes the sheriff,coroner or medical examiner, because of partiality, prejudice, 
30.19 	consanguinity, or interest, will is not faithfully able to perform the sheriff's  coroner's or 
30.20 	medical examiner's duties in an action commenced, or about to be commenced, the clerk 
30.21 	shall direct process in the action to the coroner. The coroner shall perform the duties of 
30.22 	the sheriff relative to the action in the same manner required for a sheriff., the coroner or 
30.23 	medical examiner shall have the authority to transfer jurisdiction to another coroner or 
30.24 	medical examiner, as arranged by the county board.

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

30.26 	Sec. 46. Minnesota Statutes 2005 Supplement, section 390.05, is amended to read:
30.27 	390.05 DEPUTIES MEDICAL EXAMINER OR CORONER STAFF.
30.28 	A The coroner shall or medical examiner may appoint one or more deputies.
30.29 	assistant coroners or assistant medical examiners, as necessary to fulfill the duties of the 
30.30 	office, subject to authorization by the county board.  Such assistants shall have the same 
30.31 	qualifications as a coroner or medical examiner. When the coroner or medical examiner is 
30.32 	absent or unable to act, deputies assistants shall have the same powers and duties and are 
31.1 	subject to the same liabilities as coroners. A deputy shall be appointed in writing. The 
31.2 	oath and appointment shall be recorded with the county recorder. The deputy shall act by 
31.3 	name as deputy coroner and hold office at the same time as the coroner. limitations as the 
31.4 	coroner or medical examiner. The assistants shall be appointed in writing, shall take an 
31.5 	oath that shall be recorded and filed with the county recorder, and shall be included in the 
31.6 	county bond. The assistant shall act by name as assistant coroner or medical examiner and 
31.7 	hold office at the pleasure of the coroner or medical examiner.
31.8 	A coroner or medical examiner may appoint one or more investigators, with such 
31.9 	qualifications as the coroner or medical examiner deems appropriate. Such investigators 
31.10 	shall have the powers and duties that are delegated to them by the coroner or medical 
31.11 	examiner. Unless they are public employees of that county, investigators shall be 
31.12 	appointed in writing and take an oath, shall be included in the county bond, and the 
31.13 	oath and appointment shall be recorded and filed with the county recorder. Subject to 
31.14 	authorization of the county board, assistants may be appointed to the unclassified service 
31.15 	and investigators to the classified service of the county.

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

31.17 	Sec. 47. [390.061] MORGUE.
31.18 	Every county need not have a morgue, but there must be a system or process for 
31.19 	receiving, storing, and releasing all dead bodies subject to this statute.

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

31.21 	Sec. 48. Minnesota Statutes 2004, section 390.11, is amended to read:
31.22 	390.11 INVESTIGATIONS AND INQUESTS.
31.23 		Subdivision 1.Deaths requiring inquests and investigations Reports of death.
 31.24 	Except as provided in subdivision 1a, the coroner shall investigate and may conduct 
31.25 	inquests in all human deaths of the following types: All sudden or unexpected deaths 
31.26 	and all deaths that may be due entirely or in part to any factor other than natural disease 
31.27 	processes must be promptly reported to the coroner or medical examiner for evaluation. 
31.28 	Sufficient information must be provided to the coroner or medical examiner.  Reportable 
31.29 	deaths include, but are not limited to:
31.30 	(1) unnatural deaths, including violent deaths, whether apparently homicidal, 
31.31 	suicidal, or accidental, including but not limited to deaths due to thermal, chemical, 
31.32 	electrical, or radiational injury, and deaths due to criminal abortion, whether apparently 
31.33 	self induced or not; arising from homicide, suicide, or accident;
32.1 	(2) deaths due to a fire or associated with burns or chemical, electrical, or radiation 
32.2 	injury;
32.3 	(3) unexplained or unexpected perinatal and postpartum maternal deaths;
32.4 	(2) (4) deaths under suspicious, unusual, or mysterious unexpected circumstances;
32.5 	(3) (5) deaths of persons whose bodies are to be cremated, dissected, buried at sea,
32.6 	or otherwise disposed of so that the bodies will later be unavailable for examination; and
32.7 	(4) (6) deaths of inmates of public institutions and persons in custody of law 
32.8 	enforcement officers who are have not been hospitalized primarily for organic disease and 
32.9 	whose deaths are not of any type referred to in clause (1) or (2).;
32.10 	(7) deaths that occur during, in association with, or as the result of diagnostic, 
32.11 	therapeutic, or anesthetic procedures; 
32.12 	(8) deaths due to culpable neglect;   
32.13 	(9) stillbirths of 20 weeks or longer gestation unattended by a physician;
32.14 	(10) sudden deaths of persons not affected by recognizable disease; 
32.15 	(11) unexpected deaths of persons notwithstanding a history of underlying disease;
32.16 	(12) deaths in which a fracture of a major bone such as a femur, humerus, or tibia 
32.17 	has occurred within the past six months;
32.18 	(13) deaths unattended by a physician occurring outside of a licensed health care 
32.19 	facility or licensed residential hospice program;
32.20 	(14) deaths of persons not seen by their physician within 120 days of demise;
32.21 	(15) deaths of persons occurring in an emergency department;
32.22 	(16) stillbirths or deaths of newborn infants in which there has been maternal use of 
32.23 	or exposure to unprescribed controlled substances including street drugs or in which there 
32.24 	is history or evidence of maternal trauma;
32.25 	(17) unexpected deaths of children;
32.26 	(18) solid organ donors;
32.27 	(19) unidentified bodies;
32.28 	(20) skeletonized remains;
32.29 	(21) deaths occurring within 24 hours of arrival at a health care facility if death 
32.30 	is unexpected; 
32.31 	(22) deaths associated with the decedent's employment;
32.32 	(23) deaths of nonregistered hospice patients or patients in nonlicensed hospice 
32.33 	programs; and
32.34 	(24) deaths attributable to acts of terrorism. 
32.35 	The coroner or medical examiner shall determine the extent of the coroner's or medical 
32.36 	examiner's investigation, including whether additional investigation is needed by the 
33.1 	coroner or medical examiner, jurisdiction is assumed, or an autopsy will be performed, 
33.2 	notwithstanding any other statute.   
33.3 		Subd. 1a.Commissioner of corrections; investigation of deaths. The 
33.4 	commissioner of corrections may require that all Department of Corrections incarcerated 
33.5 	deaths be reviewed by an independent, contracted, board-certified forensic pathologist.
33.6 	For deaths occurring within a facility licensed by the Department of Corrections, the 
33.7 	coroner or medical examiner shall ensure that a forensic pathologist who is certified by 
33.8 	the American Board of Pathology reviews each death and performs an autopsy on all 
33.9 	unnatural, unattended, or unexpected deaths and others as necessary. 
33.10 		Subd. 1b.Hospice registration. Each coroner and medical examiner shall establish 
33.11 	a registration policy regarding hospice patients.  If a hospice patient is determined to be 
33.12 	properly preregistered, the coroner or medical examiner may treat the death as attended 
33.13 	by a physician.
33.14 		Subd. 2.Violent or mysterious deaths; Autopsies. The coroner or medical 
33.15 	examiner may conduct order an autopsy, at the coroner's or medical examiner's sole 
33.16 	discretion, in the case of any human death referred to in subdivision 1, clause (1) or (2),
33.17 	when, in the judgment of the coroner judges that or medical examiner the public interest 
33.18 	requireswould be served by an autopsy, except that an autopsy must be conducted in all 
33.19 	unattended inmate deaths that occur in a state correctional facility. The autopsy shall be 
33.20 	performed without unnecessary delay.   A report of the facts developed by the autopsy 
33.21 	and findings of the person performing the autopsy shall be made promptly and filed in 
33.22 	the office of the coroner or medical examiner.  When further investigation is deemed 
33.23 	advisable, a copy of the report shall be delivered to the county attorney.  Every autopsy 
33.24 	performed pursuant to this subdivision shall, whenever practical, be performed in the 
33.25 	county morgue.  Nothing herein shall require the coroner or medical examiner to order an 
33.26 	autopsy upon the body of a deceased person if the person died of known or ascertainable 
33.27 	causes or had been under the care of a licensed physician immediately prior to death or if 
33.28 	the coroner or medical examiner determines the autopsy to be unnecessary.
33.29 	Autopsies performed pursuant to this subdivision may include the removal, 
33.30 	retention, testing, or use of organs, parts of organs, fluids or tissues, at the discretion of 
33.31 	the coroner or medical examiner, when removal, retention, testing, or use may be useful 
33.32 	in determining or confirming the cause of death, mechanism of death, manner of death, 
33.33 	identification of the deceased, presence of disease or injury, or preservation of evidence. 
33.34 	Such tissue retained by the coroner or medical examiner pursuant to this subdivision shall 
33.35 	be disposed of in accordance with standard biohazardous hospital and/or surgical material 
33.36 	and does not require specific consent or notification of the legal next of kin.  When 
34.1 	removal, retention, testing, and use of organs, parts of organs, fluids, or tissues is deemed 
34.2 	beneficial, and is done only for research or the advancement of medical knowledge and 
34.3 	progress, written consent or documented oral consent shall be obtained from the legal next 
34.4 	of kin, if any, of the deceased person prior to the removal, retention, testing, or use. 
34.5 		Subd. 2a.Deaths caused by fire; autopsies. The coroner shall conduct an autopsy 
34.6 	in the case of any human death reported to the coroner by the state fire marshal or a chief 
34.7 	officer under section  299F.04, subdivision 5, and apparently caused by fire. The coroner 
34.8 	or medical examiner shall conduct an autopsy or require that one be performed in the 
34.9 	case of a death reported to the coroner or medical examiner by the state fire marshal or a 
34.10 	chief officer under section 299F.04, subdivision 5, and apparently caused by fire, and in 
34.11 	which the decedent is pronounced dead outside of a hospital or in which identification 
34.12 	of the decedent has not been confirmed. If the decedent has died in a hospital and 
34.13 	identification is not in question, an autopsy may be performed or ordered by the coroner or 
34.14 	medical examiner.
34.15 		Subd. 3.Other deaths; autopsies; Exhumation; consent disinterment. The 
34.16 	coroner may conduct an autopsy in the case of any human death referred to in subdivision 
34.17 	1, clause (3) or (4), or  medical examiner may exhume any human body and perform 
34.18 	an autopsy on it in the case of any human death referred to in subdivision 1 when the 
34.19 	coroner or medical examiner judges that the public interest requires an autopsy. No 
34.20 	autopsy exhumation shall be conducted unless the surviving spouse, or legal next of kin 
34.21 	if there is no surviving spouse, consents to it, or the district court of the county where the 
34.22 	body is located or buried, upon notice as the court directs, enters an order authorizing an 
34.23 	autopsy or an exhumation and autopsyorders it. Notice of such exhumation shall be given 
34.24 	as directed by the district court. Application for an order may be made by the coroner, 
34.25 	medical examiner, or by the county attorney of the county where the body is located or 
34.26 	buried, and shall be granted upon a showing that the court deems appropriate.
34.27 		Subd. 4.Assistance of medical specialists. If during an investigation the coroner or 
34.28 	medical examiner believes the assistance of pathologists, toxicologists, deputy coroners,
34.29 	laboratory technicians, or other medical, scientific, or forensic experts is necessary to 
34.30 	determine or confirm the cause or manner of death, identification, time of death, or to 
34.31 	address other issues requiring expert opinion, the coroner shall or medical examiner may
34.32 	obtain their assistance.
34.33 		Subd. 5.Inquest. An inquest into a death may be held at the request of the medical 
34.34 	examiner and the county attorney or the coroner and the county attorney.  An inquest is 
34.35 	optional and the coroner or medical examiner may investigate and certify a death without 
34.36 	one.  The coroner or medical examiner and county attorney may decide how to empanel 
35.1 	the inquest.  Inquest records will be made public, but the record and report of the inquest 
35.2 	proceedings may not be used in evidence in any civil action arising out of the death for 
35.3 	which an inquest was ordered. Before an inquest is held, the coroner shall notify the 
35.4 	county attorney to appear and examine witnesses at the inquest.
35.5 	Whenever the decision is made to hold an inquest, the county attorney may issue 
35.6 	subpoenas for witnesses and enforce their attendance.  The persons served with subpoenas 
35.7 	shall be allowed the same compensation and be subject to the same enforcement and 
35.8 	penalties as provided by Rule 22 of the Minnesota Rules of Criminal Procedure.
35.9 		Subd. 6.Records kept by coroner or medical examiner. The coroner or medical 
35.10 	examiner shall keep full and complete records, properly indexed records, giving the name, 
35.11 	if known, of every person whose death is investigated, the place where the body was 
35.12 	found, the date, cause, and manner of death, and all other relevant available information 
35.13 	concerning the death. that the coroner or medical examiner considers pertinent.   These 
35.14 	records of the coroner or medical examiner are the property of the county and subject to 
35.15 	chapter 13. These records shall be kept at the coroner's or medical examiner's office, 
35.16 	unless no storage space is available. They shall then be kept with official county records 
35.17 	and only released in accordance with the Data Practices Act. Records shall be kept in 
35.18 	accordance with section 15.17.
35.19 		Subd. 7.Reports Duty to report. (a) Deaths of the types described in this section 
35.20 	must be promptly reported for investigation to the coroner or medical examiner and, when 
35.21 	appropriate, to the law enforcement agency with jurisdiction, by the law enforcement 
35.22 	officer, attending physician, health care professional, mortician or funeral director, person 
35.23 	in charge of the public institutions referred to in subdivision 1, or other person with 
35.24 	knowledge of the death. anyone who discovers a deceased person. In a case in which a 
35.25 	crime may be involved, the coroner or medical examiner shall promptly notify the law 
35.26 	enforcement agency with jurisdiction over a criminal investigation of the death.
35.27 		Subd. 7a.Records and other material available to coroner or medical examiner.
 35.28 	(b) For the purposes of this section, health-related records or data on a decedent, Except 
35.29 	for health data defined in section  13.3805, subdivision 1, paragraph (a), clause (2), 
35.30 	health-related records or data on a decedent whose death is being investigated under 
35.31 	this section, whether the records or data are recorded or unrecorded, including but not 
35.32 	limited to those concerning medical, surgical, psychiatric, psychological, or any other 
35.33 	consultation, diagnosis, or treatment, including medical imaging, shall be made promptly 
35.34 	available to the coroner or medical examiner, upon the coroner's or medical examiner's 
35.35 	written request, by a any person, agency, entity, or organization having custody of, 
35.36 	possession of, access to, or knowledge of the records or data. This provision includes 
36.1 	records and data, whether recorded or unrecorded, including but not limited to, records and 
36.2 	data, including medical imaging, concerning medical, surgical, psychiatric, psychological, 
36.3 	chemical dependency, or any other consultation, diagnosis, or treatment.   In cases involving 
36.4 	a stillborn infant or the death of a fetus or infant less than one year of age, the prenatal 
36.5 	records on the decedent's mother may be subpoenaed by the coroner or medical examiner. 
36.6 	The coroner or medical examiner shall pay the reasonable costs of copies of records or 
36.7 	data so  provided to the coroner under this section. Data collected or created pursuant to 
36.8 	this subdivision relating to any psychiatric, psychological, or mental health consultation 
36.9 	with, diagnosis of, or treatment of the decedent whose death is being investigated shall 
36.10 	remain confidential or protected nonpublic data, except that the coroner's or medical 
36.11 	examiner's final summary report may contain a summary of, or references to, such data. 
36.12 	Where records of a decedent become part of the medical examiner's or coroner's file, they 
36.13 	are not subject to subpoena or a request for production directed to the medical examiner or 
36.14 	coroner.  Body fluids, slides, tissue, organ specimens, radiographs, monitor records, video 
36.15 	or other recordings, and any other material or article of diagnostic value obtained from 
36.16 	the decedent prior to death, shall be made available to the coroner or medical examiner 
36.17 	upon request.  Notwithstanding the provisions of sections 13.384 and 595.02, the coroner 
36.18 	or medical examiner shall have the power to subpoena any and all documents, records, 
36.19 	including medical records, and papers deemed useful in the investigation of a death.
36.20 		Subd. 7b.Records released by coroner or medical examiner. Records and 
36.21 	reports, including those of autopsies performed, generated, and certified by the coroner or 
36.22 	medical examiner shall be admissible as evidence in any court or grand jury proceeding. 
36.23 	The admissibility of such evidence under this subdivision shall not include statements 
36.24 	made by witnesses or other persons unless otherwise admissible. 
36.25 		Subd. 8.Investigation procedure; coroner or medical examiner in charge of 
36.26 	body. Upon notification of a the death subject toof any person as defined in this section, 
36.27 	the coroner or deputy shall medical examiner staff or their designee may proceed to the 
36.28 	body, take charge of it, and, arrange for transfer of it, when appropriate.  This provision 
36.29 	also applies to bones, body parts, and specimens that may be human remains.  Discovery 
36.30 	of such bones, body parts, and specimens must be promptly reported to the coroner or 
36.31 	medical examiner. When necessary, the coroner or medical examiner staff, in coordination 
36.32 	with the applicable law enforcement agency, may order that there be no interference with 
36.33 	or compromise of the body or the scene of death. In the event a person is transported to 
36.34 	an emergency vehicle or facility and pronounced dead, the scene of death shall include 
36.35 	the original location of the decedent when first discovered to be ill, unresponsive, or 
36.36 	stricken prior to removal by emergency medical personnel.  Any person violating such 
37.1 	an order is guilty of a gross misdemeanor. The coroner or medical examiner staff shall 
37.2 	make inquiry regarding the cause and manner of death and, in cases that fall under the 
37.3 	medical examiner's or coroner's jurisdiction, prepare written findings together with the 
37.4 	report of death and its circumstances, which shall be filed in the office of the coroner or 
37.5 	medical examiner.
37.6 		Subd. 9.Criminal act report. On coming to believe that the death may have 
37.7 	resulted from a criminal act, The coroner or deputy medical examiner shall deliver a 
37.8 	signed copy of the report of investigation or inquest to the county attorney.to the county 
37.9 	attorney copies of reports or other information created by the coroner's or medical 
37.10 	examiner's office in any cases of a potential criminal nature.  
37.11 		Subd. 10.Sudden Infant death. If a child under the age of two years dies suddenly 
37.12 	and unexpectedly under circumstances indicating that the death may have been caused 
37.13 	by sudden infant death syndrome, the coroner, medical examiner, or personal physician 
37.14 	shall notify the child's parents or guardian that an autopsy is essential to establish the 
37.15 	cause of death as sudden infant death syndrome. If an autopsy reveals that sudden infant 
37.16 	death syndrome is the cause of death, that fact must be stated in the autopsy report., the 
37.17 	parents or guardian of the child shall be promptly notified of the cause of death and of the
37.18 	availability of counseling services.
37.19 		Subd. 11.Autopsy fees. The coroner may charge a reasonable fee to a person 
37.20 	requesting an autopsy if the autopsy would not otherwise be conducted under subdivision 
37.21 	1, 2, or 3.
37.22 		Subd. 12.Authorized removal of the brain. If the coroner or medical examiner is 
37.23 	informed by a physician or pathologist that a dead person decedent is suspected of having 
37.24 	had Alzheimer's disease, the coroner shall or medical examiner may authorize the removal 
37.25 	of the brain of the dead person for the purposes of sections  145.131 and  145.132. 

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

37.27 	Sec. 49. Minnesota Statutes 2004, section 390.111, is amended to read:
37.28 	390.111 EXPENSES AND COMPENSATION.
37.29 	The county board may allowis responsible for the reasonable and necessary 
37.30 	compensation and expenses of the coroner or deputies incurred for telephone tolls, 
37.31 	telegrams, postage, the cost of transcribing the testimony taken at an inquest, and other 
37.32 	expenses incurred solely for the officers' official business under this chapter. medical 
37.33 	examiner, assistants, investigators, and other medical specialists.

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

38.1 	Sec. 50. Minnesota Statutes 2004, section 390.15, is amended to read:
38.2 	390.15 WITNESSES; FEES.
38.3 	The coroner or medical examiner may issue subpoenas for witnesses, returnable 
38.4 	immediately or at a specified time and place. The persons served with the subpoenas shall 
38.5 	be allowed the fees, the coroner shall enforce their attendance, and they shall be subject 
38.6 	to the penalties provided by statute or the Rules of Criminal Procedure. charge a fee for 
38.7 	cremation approval, duplication of reports, and other administrative functions to recover 
38.8 	reasonable expenses, subject to county board approval.

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

38.10 	Sec. 51. [390.151] ORGAN AND TISSUE DONATION.
38.11 	The coroner or medical examiner may facilitate donation of organs and tissues in 
38.12 	compliance with the Uniform Anatomical Gift Act, sections 525.921 to 525.9224.

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

38.14 	Sec. 52. [390.152] CREMATION APPROVAL.
38.15 	After investigating deaths of persons who are to be cremated, the coroner or medical 
38.16 	examiner may give approval for cremation and shall record such approval by either 
38.17 	signing a cremation authorization form, or electronically through the centralized electronic 
38.18 	system for the processing of death records established by the state registrar.  It shall be a 
38.19 	misdemeanor to perform a cremation without such approval.

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

38.21 	Sec. 53. Minnesota Statutes 2004, section 390.21, is amended to read:
38.22 	390.21 DISPOSITION; BURIAL.
38.23 	When a coroner holds an inquest upon view of the dead body of any person 
38.24 	unknown, or, being called for that purpose, does not think it necessary, on view of 
38.25 	the body, that an inquest be held, the coroner shall have the body decently buried. All 
38.26 	expenses of the inquisition and burial shall be paid by the county where the dead body is 
38.27 	found.  After an investigation has been completed, including an autopsy if one is done, the 
38.28 	body shall be released promptly to the person or persons who have the right to control the 
38.29 	disposition of the body. Section 149A.80, subdivision 2, shall control. If the identity of 
38.30 	the deceased person is unknown, or if the body is unclaimed, the medical examiner or 
38.31 	coroner shall provide for dignified burial or storage of the remains. Dignified burial shall 
39.1 	not include cremation, donation for anatomic dissection, burial at sea, or other disposition 
39.2 	that will make the body later unavailable. The county where the dead body is found shall 
39.3 	pay reasonable expenses of the burial. If an estate is opened within six years and claim 
39.4 	made for the property or proceeds of the sale of the property of the decedent, the county 
39.5 	shall be reimbursed the amount spent on burial, with interest at the statutory rate.

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

39.7 	Sec. 54. Minnesota Statutes 2004, section 390.221, is amended to read:
39.8 	390.221 BODIES; EFFECTS; CUSTODY.
39.9 	A person may not removemove, interfere with, or handle the body or the effects 
39.10 	of any person a decedent subject to an investigation by the county coroner or medical 
39.11 	examiner except upon order of the coroner or, medical examiner, assistant, or deputy
39.12 	authorized investigator. The coroner or medical examiner shall take charge of the effects 
39.13 	found on or near the body of a deceased person and dispose of them as the district 
39.14 	court directs by written order directed under section 390.225. If a crime is suspected 
39.15 	in connection with the death of a deceased person is suspected, the coroner or medical 
39.16 	examiner may prevent any person, except law enforcement personnel, from entering the 
39.17 	premises, rooms, or buildings, and shall have the custody of objects that the coroner or 
39.18 	examiner deems material evidence in the case. The coroner or medical examiner shall 
39.19 	release any property or articles needed for any criminal investigation to law enforcement 
39.20 	officers conducting the investigation, except as noted in section 390.225, subdivision 2. A 
39.21 	willful knowing violation of this section is a gross misdemeanor.

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

39.23 	Sec. 55. [390.225] PROPERTY.
39.24 		Subdivision 1.Procedure. The coroner or medical examiner may take possession of 
39.25 	all articles that may be useful in establishing the cause or manner of death, identification, 
39.26 	or next of kin of the deceased, and, if taken, mark them for identification, make an 
39.27 	inventory, and retain them securely until they are no longer needed for evidence or 
39.28 	investigation. Except as noted in subdivision 2, the coroner or medical examiner shall 
39.29 	release any property or articles needed for any criminal investigation to law enforcement 
39.30 	officers conducting the investigation.
39.31 		Subd. 2.Retention of property. When a reasonable basis exists for not releasing 
39.32 	property or articles to law enforcement officers, the coroner or medical examiner shall 
39.33 	consult with the county attorney.  If the county attorney determines that a reasonable basis 
40.1 	exists for not releasing the property or articles, the coroner or medical examiner may 
40.2 	retain them.  The coroner or medical examiner shall obtain written confirmation of this 
40.3 	opinion and keep a copy in the decedent's file.
40.4 		Subd. 3.Release of property. With the exception of firearms, when property or 
40.5 	articles are no longer needed for the investigation or as evidence, the coroner or medical 
40.6 	examiner shall release such property or articles to the person or persons entitled to them. 
40.7 	Personal property, including wearing apparel, may be released to the person entitled to 
40.8 	control the disposition of the body of the decedent or to the personal representative of the 
40.9 	decedent. Personal property not otherwise released pursuant to this subdivision must be 
40.10 	disposed of pursuant to section 525.393. 
40.11 		Subd. 4.Firearms. The coroner or medical examiner shall release all firearms, 
40.12 	when no longer needed, to the law enforcement agency handling the investigation. 
40.13 		Subd. 5.Property of unknown decedents. If the name of the decedent is not 
40.14 	known, the coroner or medical examiner shall release such property to the county for 
40.15 	disposal or sale.  If the unknown decedent's identity is established and if a representative 
40.16 	shall qualify within six years from the time of such sale, the county administrator, or a 
40.17 	designee, shall pay the amount of the proceeds of the sale to the representative on behalf 
40.18 	of the estate upon order of the court.  If no order is made within six years, the proceeds of 
40.19 	the sale shall become a part of the general revenue of the county.

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

40.21 	Sec. 56. Minnesota Statutes 2004, section 390.23, is amended to read:
40.22 	390.23 DEATH RECORDS OF VIOLENT OR MYSTERIOUS DEATH.
40.23 	No person, other than the county coroner, or medical examiner, judge exercising 
40.24 	probate jurisdiction, or Department of Corrections' independent, contracted, 
40.25 	board-certified forensic pathologist,or, for deaths occurring within a facility licensed by 
40.26 	the Department of Corrections, the forensic pathologist who reviewed the death, shall issue 
40.27 	a record file or amend the cause or manner of death information with the state registrar in 
40.28 	cases of likely or suspected accidental, suicidal, homicidal, violent, or mysterious deaths, 
40.29 	including suspected homicides, occurring in the county. The Department of Corrections' 
40.30 	independent, contracted, board-certified forensic pathologist must issue the certificate of 
40.31 	death in all Department of Corrections-incarcerated deaths. The forensic pathologist who 
40.32 	reviewed the death of an incarcerated person within a facility licensed by the Department 
40.33 	of Corrections may file or amend the cause or manner of death information with the state 
40.34 	registrar. If there is reasonable proof that a death has occurred, but no body has been 
41.1 	found, a judge may direct the state registrar to register the death with the fact of death 
41.2 	information provided by the court order according to section 144.221, subdivision 3.

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

41.4 	Sec. 57. Minnesota Statutes 2004, section 390.25, is amended to read:
41.5 	390.25 FINGERPRINTING OF UNIDENTIFIED DECEASED PERSON
41.6 	PERSONS.
41.7 		Subdivision 1.Attempts to identify. Each coroner shall have fingerprinted all 
41.8 	deceased persons in the county whose identity is not immediately established. Within 
41.9 	24 hours after the body is found, the coroner shall forward to the Bureau of Criminal 
41.10 	Apprehension the fingerprints, fingerprint records, and other identification data. The 
41.11 	superintendent of the bureau shall prescribe the form of these reports. The duties are in 
41.12 	addition to those imposed on the coroner by section  525.393. The coroner or medical 
41.13 	examiner shall make reasonable attempts to identify the deceased person promptly.  These 
41.14 	actions may include obtaining: photographs of the body; fingerprints from the body, if 
41.15 	possible; formal dental examination by a dentist with forensic training, with charting and 
41.16 	radiographs; full body radiographs; specimens such as tissue, blood, bone, teeth, and/or 
41.17 	hair, suitable for DNA analysis or other identification techniques; blood type; photographs 
41.18 	of items such as clothing and property found on and with the body; and anthropological 
41.19 	determination of age, race, sex, and stature, if appropriate.  All of these actions shall be 
41.20 	taken prior to the disposition of any unidentified deceased person.
41.21 		Subd. 2.Report to BCA. After 60 days, the coroner or medical examiner 
41.22 	shall provide to the Bureau of Criminal Apprehension missing persons clearinghouse 
41.23 	information to be entered into federal and state databases that can aid in the identification, 
41.24 	including the National Crime Information Center database.  The coroner or medical 
41.25 	examiner shall provide to the Bureau of Criminal Apprehension specimens suitable for 
41.26 	DNA analysis.  DNA profiles and information shall be entered by the Bureau of Criminal 
41.27 	Apprehension into federal and state DNA databases within five business days after the 
41.28 	completion of the DNA analysis and procedures necessary for the entry of the DNA profile.
41.29 		Subd. 3.Other efforts to identify. Nothing in this section shall be interpreted 
41.30 	to preclude any medical examiner or coroner from pursuing other efforts to identify 
41.31 	unidentified deceased persons, including publicizing information, descriptions, or 
41.32 	photographs that may aid in the identification, allowing family members to identify 
41.33 	missing persons, and seeking to protect the dignity of the missing persons.
42.1 		Subd. 4.Preservation of data. The coroner or medical examiner may preserve 
42.2 	and retain photographs, specimens, documents, and other data such as dental records, 
42.3 	radiographs, fingerprints, or DNA, for establishing or confirming the identification of 
42.4 	bodies or for other forensic purposes deemed appropriate under the jurisdiction of 
42.5 	the office.  Upon request by an appropriate agency, or upon the coroner's or medical 
42.6 	examiner's own initiative, the coroner or medical examiner may make the information 
42.7 	available to aid in the establishment of the identity of a deceased person.
42.8 		Subd. 5.Notice to state archaeologist. After the coroner or medical examiner 
42.9 	has completed the investigation, the coroner or medical examiner shall notify the state 
42.10 	archaeologist, according to section 307.08, of all unidentified human remains found 
42.11 	outside of platted, recorded, or identified cemeteries and in contexts which indicate 
42.12 	antiquity of greater than 50 years.

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

42.14 	Sec. 58. [390.251] REQUEST FOR EXAMINATIONS.
42.15 	The coroner or medical examiner may, when requested, make physical examinations 
42.16 	and tests incident to any matter of a criminal nature under consideration by the district 
42.17 	court or county attorney, law enforcement agency, or publicly appointed criminal defense 
42.18 	counsel, and shall deliver a copy of a report of such tests and examinations to the person 
42.19 	making the request.  Such an examination does not establish a doctor-patient relationship. 
42.20 	The person making the request shall pay the cost of such examinations and tests.

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

42.22 	Sec. 59. [390.252] CONTRACTS FOR SERVICES.
42.23 	A county board may contract to perform coroner or medical examiner services 
42.24 	with other units of government or their agencies under a schedule of fees approved by 
42.25 	that board.

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

42.27 	Sec. 60. Minnesota Statutes 2005 Supplement, section 609.1095, subdivision 4, 
42.28 	is amended to read:
42.29 		Subd. 4.Increased sentence for offender who commits a sixth felony. Whenever 
42.30 	a person is convicted of a felony, and the judge is imposing an executed sentence based 
42.31 	on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose 
42.32 	an aggravated durational departure from the presumptive sentence up to the statutory 
43.1 	maximum sentence if the factfinder determines that the offender has five or more prior 
43.2 	felony convictions and that the present offense is a felony that was committed as part 
43.3 	of a pattern of criminal conduct.

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

43.6 	Sec. 61. Minnesota Statutes 2004, section 609.11, subdivision 7, is amended to read:
43.7 		Subd. 7.Prosecutor shall establish. Whenever reasonable grounds exist to believe 
43.8 	that the defendant or an accomplice used a firearm or other dangerous weapon or had in 
43.9 	possession a firearm, at the time of commission of an offense listed in subdivision 9, 
43.10 	the prosecutor shall, at the time of trial or at the plea of guilty, present on the record 
43.11 	all evidence tending to establish that fact unless it is otherwise admitted on the record.
43.12 	The question of whether the defendant or an accomplice, at the time of commission of 
43.13 	an offense listed in subdivision 9, used a firearm or other dangerous weapon or had 
43.14 	in possession a firearm shall be determined by the court on the record factfinder at the 
43.15 	time of a verdict or finding of guilt at trial or the entry of a plea of guilty based upon the 
43.16 	record of the trial or the plea of guilty. The courtfactfinder shall also determine on the 
43.17 	record at the time of sentencing whether the defendant has been convicted of a second or 
43.18 	subsequenta prior conviction for an offense in which the defendant or an accomplice, 
43.19 	at the time of commission of an offense listed in subdivision 9, used a firearm or other 
43.20 	dangerous weapon or had in possession a firearm.

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

43.23 	Sec. 62. Minnesota Statutes 2004, section 609.2231, subdivision 6, is amended to read:
43.24 		Subd. 6.Public employees with mandated duties. A person is guilty of a gross 
43.25 	misdemeanor who:
43.26 	(1) assaults an agricultural inspector, occupational safety and health investigator, 
43.27 	child protection worker, public health nurse, animal control officer, or probation or parole 
43.28 	officer while the employee is engaged in the performance of a duty mandated by law, 
43.29 	court order, or ordinance;
43.30 	(2) knows that the victim is a public employee engaged in the performance of the 
43.31 	official public duties of the office; and
43.32 	(3) inflicts demonstrable bodily harm.

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

44.3 	Sec. 63. Minnesota Statutes 2005 Supplement, section 609.3455, is amended by adding 
44.4 	a subdivision to read:
44.5 		Subd. 3a. Mandatory sentence for certain engrained offenders.  (a) A court shall 
44.6 	commit a person to the commissioner of corrections for a period of time that is not less 
44.7 	than double the presumptive sentence under the sentencing guidelines and not more than 
44.8 	the statutory maximum, or if the statutory maximum is less than double the presumptive 
44.9 	sentence, for a period of time that is equal to the statutory maximum, if:
44.10 	(1) the court is imposing an executed sentence on a person convicted of committing 
44.11 	or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or 
44.12 	609.3453; 
44.13 	(2) the factfinder determines that the offender is a danger to public safety; and 
44.14 	(3) the factfinder determines that the offender's criminal sexual behavior is so 
44.15 	engrained that the risk of reoffending is great without intensive psychotherapeutic 
44.16 	intervention or other long-term treatment or supervision extending beyond the presumptive 
44.17 	term of imprisonment and supervised release.
44.18 	(b) The factfinder shall base its determination that the offender is a danger to public 
44.19 	safety on any of the following factors:
44.20 	(1) the crime involved an aggravating factor that would justify a durational departure 
44.21 	from the presumptive sentence under the sentencing guidelines;
44.22 	(2) the offender previously committed or attempted to commit a predatory crime 
44.23 	or a violation of section 609.224 or 609.2242, including:
44.24 	(i) an offense committed as a juvenile that would have been a predatory crime or a 
44.25 	violation of section 609.224 or 609.2242 if committed by an adult; or 
44.26 	(ii) a violation or attempted violation of a similar law of any other state or the United 
44.27 	States; or
44.28 	(3) the offender planned or prepared for the crime prior to its commission.
44.29 	(c) As used in this section, "predatory crime" has the meaning given in section 
44.30 	609.341, subdivision 22.

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

44.33 	Sec. 64.  Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 4, 
44.34 	is amended to read:
45.1 		Subd. 4.Mandatory life sentence; repeat offenders. (a) Notwithstanding the 
45.2 	statutory maximum penalty otherwise applicable to the offense, the court shall sentence a 
45.3 	person to imprisonment for life if the person is convicted of violating section 609.342, 
45.4 	609.343, 609.344, 609.345, or 609.3453 and:
45.5 	(1) the person has two previous sex offense convictions;
45.6 	(2) the person has a previous sex offense conviction and:
45.7 	(i) the factfinder determines that the present offense involved an aggravating factor 
45.8 	that would provide grounds for an upward durational departure under the sentencing 
45.9 	guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
45.10 	convictions;
45.11 	(ii) the person received an upward durational departure from the sentencing 
45.12 	guidelines for the previous sex offense conviction; or
45.13 	(iii) the person was sentenced under this section or section 609.108 for the previous 
45.14 	sex offense conviction; or
45.15 	(3) the person has two prior sex offense convictions, and the factfinder determines 
45.16 	that the prior convictions and present offense involved at least three separate victims, and:
45.17 	(i) the factfinder determines that the present offense involved an aggravating factor 
45.18 	that would provide grounds for an upward durational departure under the sentencing 
45.19 	guidelines other than the aggravating factor applicable to repeat criminal sexual conduct 
45.20 	convictions;
45.21 	(ii) the person received an upward durational departure from the sentencing 
45.22 	guidelines for one of the prior sex offense convictions; or
45.23 	(iii) the person was sentenced under this section or section 609.108 for one of the 
45.24 	prior sex offense convictions.
45.25 	(b) Notwithstanding paragraph (a), a court may not sentence a person to 
45.26 	imprisonment for life for a violation of section 609.345, unless the person's previous or 
45.27 	prior sex offense convictions that are being used as the basis for the sentence are for 
45.28 	violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute of the 
45.29 	United States, this state, or any other state.

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

45.32 	Sec. 65. Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 8, 
45.33 	is amended to read:
45.34 		Subd. 8.Terms of conditional release; applicable to all sex offenders. (a) The 
45.35 	provisions of this subdivision relating to conditional release apply to all sex offenders 
46.1 	sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or 
46.2 	609.3453. Except as provided in this subdivision, conditional release of sex offenders is 
46.3 	governed by provisions relating to supervised release. The commissioner of corrections 
46.4 	may not dismiss an offender on conditional release from supervision until the offender's 
46.5 	conditional release term expires.
46.6 	(b) The conditions of release may include successful completion of treatment and 
46.7 	aftercare in a program approved by the commissioner, satisfaction of the release conditions 
46.8 	specified in section 244.05, subdivision 6, and any other conditions the commissioner 
46.9 	considers appropriate. The commissioner shall develop a plan to pay the cost of treatment 
46.10 	of a person released under this subdivision. The plan may include co-payments from 
46.11 	offenders, third-party payers, local agencies, or other funding sources as they are identified. 
46.12 	This section does not require the commissioner to accept or retain an offender in a 
46.13 	treatment program. Before the offender is placed on conditional release, the commissioner 
46.14 	shall notify the sentencing court and the prosecutor in the jurisdiction where the offender 
46.15 	was sentenced of the terms of the offender's conditional release. The commissioner also 
46.16 	shall make reasonable efforts to notify the victim of the offender's crime of the terms of 
46.17 	the offender's conditional release. If the offender fails to meet any condition of release, the 
46.18 	commissioner may revoke the offender's conditional release and order that the offender 
46.19 	serve all or a part of the remaining portion of the conditional release term in prison.

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

46.21 	Sec. 66. Minnesota Statutes 2004, section 609.495, is amended by adding a subdivision 
46.22 	to read:
46.23 		Subd. 5.Venue. Notwithstanding anything to the contrary in section 627.01, an 
46.24 	offense committed under subdivision 1 or 3 may be prosecuted in:
46.25 	(1) the county where the aiding or obstructing behavior occurred; or
46.26 	(2) the county where the underlying criminal act occurred.

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

46.28 	Sec. 67. Minnesota Statutes 2004, section 609.52, subdivision 3, is amended to read:
46.29 		Subd. 3.Sentence. Whoever commits theft may be sentenced as follows:
46.30 	(1) to imprisonment for not more than 20 years or to payment of a fine of not more 
46.31 	than $100,000, or both, if the property is a firearm, or the value of the property or services 
46.32 	stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause 
46.33 	(3), (4), (15), or (16); or
47.1 	(2) to imprisonment for not more than ten years or to payment of a fine of not more 
47.2 	than $20,000, or both, if the value of the property or services stolen exceeds $2,500
47.3 	$5,000, or if the property stolen was an article representing a trade secret, an explosive or 
47.4 	incendiary device, or a controlled substance listed in schedule I or II pursuant to section  
47.5 	152.02 with the exception of marijuana; or 
47.6 	(3) to imprisonment for not more than five years or to payment of a fine of not 
47.7 	more than $10,000, or both, if:
47.8 	(a) the value of the property or services stolen is more than $500 $1,000 but not 
47.9 	more than $2,500 $5,000; or
47.10 	(b) the property stolen was a controlled substance listed in schedule III, IV, or V 
47.11 	pursuant to section  152.02; or 
47.12 	(c) the value of the property or services stolen is more than $250 $500 but not more 
47.13 	than $500 $1,000 and the person has been convicted within the preceding five years for an 
47.14 	offense under this section, section  256.98;  268.182;  609.24;  609.245;  609.53;  609.582, 
47.15 	subdivision 1, 2, or 3;  609.625;  609.63;  609.631; or  609.821, or a statute from another 
47.16 	state, the United States, or a foreign jurisdiction, in conformity with any of those sections, 
47.17 	and the person received a felony or gross misdemeanor sentence for the offense, or a 
47.18 	sentence that was stayed under section  609.135 if the offense to which a plea was entered 
47.19 	would allow imposition of a felony or gross misdemeanor sentence; or 
47.20 	(d) the value of the property or services stolen is not more than $500 $1,000, and 
47.21 	any of the following circumstances exist:
47.22 	(i) the property is taken from the person of another or from a corpse, or grave or 
47.23 	coffin containing a corpse; or
47.24 	(ii) the property is a record of a court or officer, or a writing, instrument or record 
47.25 	kept, filed or deposited according to law with or in the keeping of any public officer or 
47.26 	office; or
47.27 	(iii) the property is taken from a burning, abandoned, or vacant building or upon its 
47.28 	removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, 
47.29 	or the proximity of battle; or
47.30 	(iv) the property consists of public funds belonging to the state or to any political 
47.31 	subdivision or agency thereof; or
47.32 	(v) the property stolen is a motor vehicle; or
47.33 	(4) to imprisonment for not more than one year or to payment of a fine of not more 
47.34 	than $3,000, or both, if the value of the property or services stolen is more than $250 $500
47.35 	but not more than $500 $1,000; or
48.1 	(5) in all other cases where the value of the property or services stolen is $250
48.2 	$500 or less, to imprisonment for not more than 90 days or to payment of a fine of not 
48.3 	more than $1,000, or both, provided, however, in any prosecution under subdivision 2, 
48.4 	clauses (1), (2), (3), (4), and (13), the value of the money or property or services received 
48.5 	by the defendant in violation of any one or more of the above provisions within any 
48.6 	six-month period may be aggregated and the defendant charged accordingly in applying 
48.7 	the provisions of this subdivision; provided that when two or more offenses are committed 
48.8 	by the same person in two or more counties, the accused may be prosecuted in any county 
48.9 	in which one of the offenses was committed for all of the offenses aggregated under 
48.10 	this paragraph.

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

48.13 	Sec. 68. Minnesota Statutes 2004, section 609.535, subdivision 2a, is amended to read:
48.14 		Subd. 2a.Penalties. (a) A person who is convicted of issuing a dishonored check 
48.15 	under subdivision 2 may be sentenced as follows:
48.16 	(1) to imprisonment for not more than five years or to payment of a fine of not more 
48.17 	than $10,000, or both, if the value of the dishonored check, or checks aggregated under 
48.18 	paragraph (b), is more than $500 $1,000;
48.19 	(2) to imprisonment for not more than one year or to payment of a fine of not more 
48.20 	than $3,000, or both, if the value of the dishonored check, or checks aggregated under 
48.21 	paragraph (b), is more than $250 $500 but not more than $500 $1,000; or
48.22 	(3) to imprisonment for not more than 90 days or to payment of a fine of not more 
48.23 	than $1,000, or both, if the value of the dishonored check, or checks aggregated under 
48.24 	paragraph (b), is not more than $250 $500.
48.25 	(b) In a prosecution under this subdivision, the value of dishonored checks issued 
48.26 	by the defendant in violation of this subdivision within any six-month period may be 
48.27 	aggregated and the defendant charged accordingly in applying this section. When two or 
48.28 	more offenses are committed by the same person in two or more counties, the accused 
48.29 	may be prosecuted in any county in which one of the dishonored checks was issued for all 
48.30 	of the offenses aggregated under this paragraph.

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

48.33 	Sec. 69. Minnesota Statutes 2004, section 609.595, subdivision 1, is amended to read:
49.1 		Subdivision 1.Criminal damage to property in the first degree. Whoever 
49.2 	intentionally causes damage to physical property of another without the latter's consent 
49.3 	may be sentenced to imprisonment for not more than five years or to payment of a fine of 
49.4 	not more than $10,000, or both, if:
49.5 	(1) the damage to the property caused a reasonably foreseeable risk of bodily 
49.6 	harm; or
49.7 	(2) the property damaged belongs to a common carrier and the damage impairs the 
49.8 	service to the public rendered by the carrier; or
49.9 	(3) the damage reduces the value of the property by more than $500 $1,000 measured 
49.10 	by the cost of repair and replacement; or
49.11 	(4) the damage reduces the value of the property by more than $250 $500 measured 
49.12 	by the cost of repair and replacement and the defendant has been convicted within the 
49.13 	preceding three years of an offense under this subdivision or subdivision 2.
49.14 	In any prosecution under clause (3), the value of any property damaged by the 
49.15 	defendant in violation of that clause within any six-month period may be aggregated and 
49.16 	the defendant charged accordingly in applying the provisions of this section; provided that 
49.17 	when two or more offenses are committed by the same person in two or more counties, the 
49.18 	accused may be prosecuted in any county in which one of the offenses was committed for 
49.19 	all of the offenses aggregated under this paragraph.

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

49.22 	Sec. 70. Minnesota Statutes 2004, section 609.595, subdivision 2, is amended to read:
49.23 		Subd. 2.Criminal damage to property in the third degree. (a) Except as 
49.24 	otherwise provided in subdivision 1a, whoever intentionally causes damage to another 
49.25 	person's physical property without the other person's consent may be sentenced to 
49.26 	imprisonment for not more than one year or to payment of a fine of not more than $3,000, 
49.27 	or both, if the damage reduces the value of the property by more than $250 $500 but not 
49.28 	more than $500 $1,000 as measured by the cost of repair and replacement.
49.29 	(b) Whoever intentionally causes damage to another person's physical property 
49.30 	without the other person's consent because of the property owner's or another's actual 
49.31 	or perceived race, color, religion, sex, sexual orientation, disability as defined in section  
49.32 	363A.03, age, or national origin may be sentenced to imprisonment for not more than one 
49.33 	year or to payment of a fine of not more than $3,000, or both, if the damage reduces the 
49.34 	value of the property by not more than $250 $500. 
50.1 	(c) In any prosecution under paragraph (a), the value of property damaged by the 
50.2 	defendant in violation of that paragraph within any six-month period may be aggregated 
50.3 	and the defendant charged accordingly in applying this section. When two or more 
50.4 	offenses are committed by the same person in two or more counties, the accused may 
50.5 	be prosecuted in any county in which one of the offenses was committed for all of the 
50.6 	offenses aggregated under this paragraph.

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

50.9 	Sec. 71. [609.8935] UNLAWFUL CONDUCT RELATING TO TELEPHONE 
50.10 	RECORDS.
50.11 		Subdivision 1.Definitions. (a) As used in this section, the following terms have 
50.12 	the meanings given. 
50.13 	(b) "Customer" means a person or other entity that subscribes to telephone service 
50.14 	from a telephone company. 
50.15 	(c) "Procure" means to obtain by any means, whether electronically, in writing, or in 
50.16 	oral form, with or without consideration. 
50.17 	(d) "Telephone company" means any person or other entity that provides commercial 
50.18 	telephone service to a customer, irrespective of the communications technology used to 
50.19 	provide the service, including, but not limited to, traditional wireline or cable telephone 
50.20 	service; cellular, broadband PCS, or other wireless telephone service; microwave, satellite, 
50.21 	or other terrestrial telephone service; and voice over Internet telephone service. 
50.22 	(e) "Telephone records" include information retained by a telephone company that 
50.23 	relates to the telephone number dialed from a customer's telephone, or the incoming call 
50.24 	directed to a customer's telephone, or other data related to calls typically contained on 
50.25 	a customer's telephone bill, including, but not limited to, the time the call started and 
50.26 	ended, the duration of the call, the time of day the call was made, and any charges applied. 
50.27 	However, for the purposes of this section, any information collected and retained by 
50.28 	customers utilizing caller ID, or other similar technology, does not constitute a telephone 
50.29 	record. 
50.30 		Subd. 2.Crime defined; penalty.  (a) A person commits the crime of unlawful 
50.31 	conduct relating to telephone records if the person: 
50.32 	(1) knowingly procures a telephone record of another without that person's 
50.33 	authorization or by fraudulent, deceptive, or false means; 
50.34 	(2) knowingly sells a telephone record of another without that person's authorization; 
50.35 	or 
51.1 	(3) receives a telephone record of another knowing that the record has been obtained 
51.2 	without that person's authorization or by fraudulent, deceptive, or false means. 
51.3 	(b) A person who violates this subdivision may be sentenced to: 
51.4 	(1) imprisonment for not more than one year or to payment of a fine of not more 
51.5 	than $3,000, or both, if the violation involves a single telephone record; 
51.6 	(2) imprisonment for not more than two years or to payment of a fine of not more 
51.7 	than $20,000, or both, if the violation involves at least two and no more than ten telephone 
51.8 	records; or 
51.9 	(3) imprisonment for not more than five years or to payment of a fine of not more 
51.10 	than $50,000, or both, if the violation involves more than ten telephone records. 
51.11 		Subd. 3.Exceptions.  The penalties in this section do not apply to: 
51.12 	(1) peace officers or employees or agents of law enforcement agencies acting in 
51.13 	the official course of their duties; 
51.14 	(2) individuals acting pursuant to a valid court order, warrant, or subpoena; 
51.15 	(3) employees or agents of telephone companies acting: 
51.16 	(i) as otherwise authorized by law; 
51.17 	(ii) with the lawful consent of the customer; 
51.18 	(iii) as may be necessarily incident to the rendition of the service to initiate, render, 
51.19 	bill, and collect customer charges, or to the protection of the rights or property of the 
51.20 	provider of that service, or to protect users of those services and other companies from 
51.21 	fraudulent, abusive, or unlawful use of, or subscription to, these services; 
51.22 	(iv) in cooperation with a governmental entity, if the telephone company reasonably 
51.23 	believes that an emergency involving immediate danger of death or serious physical injury 
51.24 	to any person justifies disclosure of the information;
51.25 	(v) in cooperation with the National Center for Missing and Exploited Children, 
51.26 	in connection with a report submitted to it under United States Code, title 42, section 
51.27 	13032; or
51.28 	(vi) in connection with the sale or transfer of all or part of the company's business, 
51.29 	or the purchase or acquisition of a portion or all of a business, or the migration of a 
51.30 	customer from one company to another.

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

52.1 	Sec. 72. Minnesota Statutes 2004, section 611A.0315, is amended to read:
52.2 	611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; 
52.3 	HARASSMENT.
52.4 		Subdivision 1.Notice of decision not to prosecute. (a) A prosecutor shall make 
52.5 	every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct 
52.6 	offense, or harassment that the prosecutor has decided to decline prosecution of the case 
52.7 	or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim 
52.8 	should include, in order of priority: (1) contacting the victim or a person designated by the 
52.9 	victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody, 
52.10 	the notification attempt shall be made before the suspect is released from custody.
52.11 	(b) Whenever a prosecutor dismisses criminal charges against a person accused of 
52.12 	domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made 
52.13 	of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the 
52.14 	witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
52.15 	(c) Whenever a prosecutor notifies a victim of domestic assault or harassment under 
52.16 	this section, the prosecutor shall also inform the victim of the method and benefits of 
52.17 	seeking an order for protection under section  518B.01 or a restraining order under section  
52.18 	609.748 and that the victim may seek an order without paying a fee. 
52.19 		Subd. 2.Definitions. For the purposes of this section, the following terms have 
52.20 	the meanings given them.
52.21 	(a) "Assault" has the meaning given it in section  609.02, subdivision 10. 
52.22 	(b) "Domestic assault" means an assault committed by the actor against a family or 
52.23 	household member.
52.24 	(c) "Family or household member" has the meaning given it in section  518B.01, 
52.25 	subdivision 2.
52.26 	(d) "Harassment" means a violation of section  609.749. 
52.27 	(e) "Criminal sexual conduct" means a violation of sections 609.342 to 609.3453.

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

52.29 	Sec. 73. Minnesota Statutes 2004, section 617.246, is amended by adding a subdivision 
52.30 	to read:
52.31 		Subd. 7.Conditional release term. Notwithstanding the statutory maximum 
52.32 	sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 
52.33 	when a court commits a person to the custody of the commissioner of corrections for 
52.34 	violating this section, the court shall provide that after the person has completed the 
53.1 	sentence imposed, the commissioner shall place the person on conditional release for 
53.2 	five years, minus the time the offender served on supervised release. If the person has 
53.3 	previously been convicted of a violation of this section, section 609.342, 609.343, 
53.4 	609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United 
53.5 	States, this state, or any state, the commissioner shall place the person on conditional 
53.6 	release for ten years, minus the time the offender served on supervised release. The terms 
53.7 	of conditional release are governed by section 609.3455, subdivision 8.

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

53.10 	Sec. 74. Minnesota Statutes 2004, section 617.247, is amended by adding a subdivision 
53.11 	to read:
53.12 		Subd. 9.Conditional release term. Notwithstanding the statutory maximum 
53.13 	sentence otherwise applicable to the offense or any provision of the sentencing guidelines, 
53.14 	when a court commits a person to the custody of the commissioner of corrections for 
53.15 	violating this section, the court shall provide that after the person has completed the 
53.16 	sentence imposed, the commissioner shall place the person on conditional release for 
53.17 	five years, minus the time the offender served on supervised release. If the person has 
53.18 	previously been convicted of a violation of this section, section 609.342, 609.343, 
53.19 	609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United 
53.20 	States, this state, or any state, the commissioner shall place the person on conditional 
53.21 	release for ten years, minus the time the offender served on supervised release. The terms 
53.22 	of conditional release are governed by section 609.3455, subdivision 8.

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

53.25 	Sec. 75. Minnesota Statutes 2004, section 624.22, subdivision 8, is amended to read:
53.26 		Subd. 8.Suspension, revocation, or refusal to renew certification. (a) The state 
53.27 	fire marshal may suspend, revoke, or refuse to renew certification of an operator if the 
53.28 	operator has:
53.29 	(1) submitted a fraudulent application;
53.30 	(2) caused or permitted a fire or safety hazard to exist or occur during the storage, 
53.31 	transportation, handling, preparation, or use of fireworks;
53.32 	(3) conducted a display of fireworks without receipt of a permit required by the 
53.33 	state or a political subdivision;
54.1 	(4) conducted a display of fireworks with assistants who were not at least 18 years of 
54.2 	age, properly instructed, and continually supervised; or
54.3 	(5) otherwise failed to comply with any federal or state law or regulation, or the 
54.4 	guidelines, relating to fireworks.
54.5 	(b) Any person aggrieved by a decision made by the state fire marshal under this 
54.6 	subdivision may petition the state fire marshal in writing to reconsider the decision. The 
54.7 	state fire marshal shall render a decision in writing within 30 days of receipt of the 
54.8 	written request for reconsideration. Following reconsideration, the person may appeal 
54.9 	the decision to the district court.

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

54.11 	Sec. 76. Minnesota Statutes 2004, section 631.425, subdivision 3, is amended to read:
54.12 		Subd. 3.Continuation of employment. If the person committed under this 
54.13 	section has been regularly employed, the sheriff shall arrange for a continuation of the 
54.14 	employment insofar as possible without interruption. If the person is not employed, the 
54.15 	court may designate a suitable person or agency to make reasonable efforts to secure some 
54.16 	suitable employment for that person. An inmate employed under this section must be paid 
54.17 	a fair and reasonable wage for work performed and must work at fair and reasonable hours 
54.18 	per day and per week. There must not be a fee or charge for the inmate to participate in 
54.19 	any employment under this section if the inmate is paying for the cost of the inmate's 
54.20 	maintenance under subdivision 5.

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

54.22 	Sec. 77. Minnesota Statutes 2004, section 641.265, subdivision 2, is amended to read:
54.23 		Subd. 2.Withdrawal. A county board may withdraw from cooperation in a regional 
54.24 	jail system if the county boards of all of the other cooperating counties decide, by majority 
54.25 	vote, to allow the withdrawal in accordance with the terms of a joint powers agreement. 
54.26 	With the approval of the county board of each cooperating county, the regional jail board 
54.27 	shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital 
54.28 	cost, debt service, or lease rental payments made by the county prior to withdrawal, in 
54.29 	excess of its proportionate share of benefits from the regional jail prior to withdrawal, and 
54.30 	the time and manner of making the payments. The payments shall be deemed additional 
54.31 	payments of capital cost, debt service, or lease rentals to be made proportionately by the 
54.32 	remaining counties and, when received, shall be deposited in and paid from the regional 
54.33 	jail fund; provided that:
55.1 	(a) (1) payments shall not be made from any amounts in the regional jail fund 
55.2 	which are needed for maintenance and operation expenses or lease rentals currently due 
55.3 	and payable; and
55.4 	(b) (2) the withdrawing county shall remain obligated for the payment of its 
55.5 	proportionate share of any lease rentals due and payable after its withdrawal, in the 
55.6 	event and up to the amount of any lease payment not made when due by one or more of 
55.7 	the other cooperating counties.

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

55.9 	Sec. 78. Laws 2005, chapter 136, article 16, section 3, the effective date, is amended to 
55.10 	read:
55.11 	EFFECTIVE DATE. This section is effective the day  following final enactment 
55.12 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
55.13 	sought on or  after that date.  This section expires February 1, 2007. 

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

55.15 	Sec. 79. Laws 2005, chapter 136, article 16, section 4, the effective date, is amended to 
55.16 	read:
55.17 	EFFECTIVE DATE. This section is effective the day  following final enactment 
55.18 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
55.19 	sought on or  after that date.  This section expires February 1, 2007. 

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

55.21 	Sec. 80. Laws 2005, chapter 136, article 16, section 5, the effective date, is amended to 
55.22 	read:
55.23 	EFFECTIVE DATE. This section is effective the day  following final enactment 
55.24 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
55.25 	sought on or  after that date.  This section expires February 1, 2007. 

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

55.27 	Sec. 81. Laws 2005, chapter 136, article 16, section 6, the effective date, is amended to 
55.28 	read:
56.1 	EFFECTIVE DATE. This section is effective the day  following final enactment 
56.2 	and applies to sentencing hearings,  resentencing hearings, and sentencing departures 
56.3 	sought on or  after that date.  This section expires February 1, 2007. 

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

56.5 	Sec. 82. COLLATERAL CONSEQUENCES COMMITTEE.
 56.6 		Subdivision 1.Establishment; duties. A collateral consequences committee 
56.7 	is established to study collateral consequences of adult convictions and juvenile 
56.8 	adjudications. The committee shall identify the uses of collateral consequences of 
56.9 	convictions and adjudications and recommend any proposed changes to the legislature on 
56.10 	collateral consequences.
56.11 		Subd. 2.Resources. The Department of Corrections shall provide technical 
56.12 	assistance to the committee on request, with the assistance of the commissioner of public 
56.13 	safety and the Sentencing Guidelines Commission.
56.14 		Subd. 3.Membership. The committee consists of:
56.15 	(1) one representative from each of the following groups:
56.16 	(i) crime victim advocates, appointed by the commissioner of public safety;
56.17 	(ii) county attorneys, appointed by the Minnesota County Attorneys Association;
56.18 	(iii) city attorneys, appointed by the League of Minnesota Cities;
56.19 	(iv) district court judges, appointed by the Judicial Council;
56.20 	(v) private criminal defense attorneys, appointed by the Minnesota Association of 
56.21 	Criminal Defense Lawyers;
56.22 	(vi) probation officers, appointed by the Minnesota Association of County Probation 
56.23 	Officers; and
56.24 	(vii) the state public defender or a designee; and
56.25 	(2) the commissioner of public safety, or a designee, who shall chair the group.
56.26 		Subd. 4.Report and recommendations. The committee shall present the 
56.27 	legislature with its report and recommendations no later than January 15, 2007. The 
56.28 	report must be presented to the chairs of the senate Crime Prevention and Public Safety 
56.29 	Committee and the house Public Safety and Finance Committee.

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

56.31 	Sec. 83. MISSING PERSONS, UNIDENTIFIED BODIES; RECORDS AND 
56.32 	DATA ENTERING BACKLOG.
 57.1 		Subdivision 1.Bureau of Criminal Apprehension to address backlog. The 
57.2 	superintendent of the Bureau of Criminal Apprehension shall coordinate with federal and 
57.3 	local units of government; federal, state, and local law enforcement agencies; medical 
57.4 	examiners; coroners; odontologists; and other entities to reduce the state's reporting, data 
57.5 	entry, and record keeping backlog relating to missing persons and unidentified bodies. To 
57.6 	the degree feasible, the superintendent shall ensure that all necessary data and samples, 
57.7 	including, but not limited to, DNA samples and dental records get entered into all relevant 
57.8 	federal and state databases.
57.9 		Subd. 2.Report to legislature.  By February 1, 2007, the superintendent shall 
57.10 	report to the chairs and ranking minority members of the senate and house committees and 
57.11 	divisions having jurisdiction over criminal justice policy and funding on the efforts under 
57.12 	subdivision 1 to reduce the state's backlog. The report must give detailed information on 
57.13 	how the appropriation in section 87, subdivision 2, was spent and how this affected the 
57.14 	backlog. In addition, the report must make recommendations for changes to state law, 
57.15 	including suggested legislative language, to improve reporting, data entry, and record 
57.16 	keeping relating to future cases involving missing persons and unidentified bodies. 

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

57.18 	Sec. 84. MODEL POLICY; REPORT.
 57.19 		Subdivision 1.Model policy.  The superintendent of the Bureau of Criminal 
57.20 	Apprehension, in consultation with the Minnesota Sheriffs Association and the Minnesota 
57.21 	Chiefs of Police Association, shall develop a model policy to address law enforcement 
57.22 	efforts and duties regarding missing adults and provide training to local law enforcement 
57.23 	agencies on this model policy. 
57.24 		Subd. 2.Report.  By February 1, 2007, the superintendent shall report to the chairs 
57.25 	and ranking minority members of the senate and house committees and divisions having 
57.26 	jurisdiction over criminal justice policy and funding on the model policy and training 
57.27 	described in subdivision 1. 

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

57.29 	Sec. 85. SENTENCING GUIDELINES MODIFICATIONS.
 57.30 	(a) Except as provided in paragraph (b), the modifications related to sex offenses 
57.31 	proposed by the Minnesota Sentencing Guidelines Commission and described in the 
57.32 	January 2006 Report to the Legislature, pages 31 to 45, are adopted and take effect on 
57.33 	August 1, 2006.
58.1 	(b) The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1, 
58.2 	clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and (l), are rejected 
58.3 	and do not take effect.
58.4 	(c) The commission is requested to rank violations of:
58.5 	(1) Minnesota Statutes, section 609.344, subdivision 1, clauses (h), (i), and (l), 
58.6 	at severity level C; 
58.7 	(2) Minnesota Statutes, section 609.344, subdivision 1, clause (a), at severity level D;
58.8 	(3) Minnesota Statutes, section 609.345, subdivision 1, clauses (h), (i), and (l), 
58.9 	at severity level E; and 
58.10 	(4) Minnesota Statutes, section 609.345, subdivision 1, clause (a), at severity level F.
58.11 	(d) If the commission decides to make the changes requested in paragraph (c), it 
58.12 	shall ensure that the changes are effective on August 1, 2006, and publish an updated 
58.13 	version of the sentencing guidelines that include the changes by that date.

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

58.15 	Sec. 86. SUBSTANCE ABUSE TREATMENT; RECOMMENDATIONS, 
58.16 	REPORT.
 58.17 	(a) The commissioner of corrections shall make recommendations to:
58.18 	(1) improve the availability of prison-based substance abuse treatment programming 
58.19 	and related services; and
58.20 	(2) better ensure that offenders released from prison receive appropriate 
58.21 	community-based substance abuse treatment and services.
58.22 	These recommendations must include an estimate of the financial costs associated with 
58.23 	implementing them.
58.24 	(b) The commissioner shall recommend changes in prison-based programs or release 
58.25 	plans to improve the postprison release outcomes of:
58.26 	(1) inmates who are directed to complete prison-based short-term substance abuse 
58.27 	programs; and
58.28 	(2) inmates who fail the prison-based substance abuse programs they start.
58.29 	(c) By January 15, 2007, the commissioner shall report to the chairs and ranking 
58.30 	minority members of the senate and house committees and divisions having jurisdiction 
58.31 	over criminal justice policy and funding on the commissioner's recommendations under 
58.32 	paragraphs (a) and (b).

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

59.1 	Sec. 87. APPROPRIATIONS.
 59.2 		Subdivision 1. Public safety. (a) $....... is appropriated to the commissioner of 
59.3 	public safety from the general fund for the fiscal year ending June 30, 2007, to implement 
59.4 	the toll-free hotline for trafficking victims described in section 25.
59.5 	(b) $623,000 is appropriated to the commissioner of public safety from the general 
59.6 	fund for the fiscal year ending June 30, 2007, to provide the mentor criminal background 
59.7 	checks as provided in section 26.
59.8 		Subd. 2.Bureau of Criminal Apprehension.  (a) $....... is appropriated to the 
59.9 	superintendent of the Bureau of Criminal Apprehension from the general fund for the 
59.10 	fiscal year ending June 30, 2007, to implement section 83 relating to the missing persons 
59.11 	and unidentified bodies backlog. This is a onetime appropriation. 
59.12 	(b) $....... is appropriated to the superintendent of the Bureau of Criminal 
59.13 	Apprehension from the general fund for the fiscal year ending June 30, 2007, to implement 
59.14 	the Forensic Laboratory Advisory Board in Minnesota Statutes, section 299C.156.

59.15 	Sec. 88. REVISOR'S INSTRUCTION.
 59.16 	When appropriate, the revisor of statutes shall replace statutory references to 
59.17 	Minnesota Statutes, section 609.108, with references to section 609.3455, subdivision 3a.

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

59.19 	Sec. 89.  REPEALER.
 59.20 	Minnesota Statutes 2004, sections 152.094; 383A.36; 383B.225; 390.006; 390.06; 
59.21 	390.07; 390.16; 390.17; 390.19; 390.20; 390.24; 390.36; 609.108, subdivision 5; and 
59.22 	609.109, subdivisions 1 and 3, and Minnesota Statutes 2005 Supplement, sections 609.108, 
59.23 	subdivisions 1, 3, 4, 6, and 7; and 609.109, subdivisions 2, 4, 5, and 6, are repealed.

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