1.1 	A bill for an act
1.2 	relating to public safety; providing for public safety, courts, and corrections 
1.3 	including requirements for predatory offenders regarding registration, computer 
1.4 	access, and electronic solicitation; crime victims of criminal sexual conduct and 
1.5 	domestic abuse; domestic fatality review teams; public defenders eligibility for 
1.6 	representation, appointment, and reimbursement; courts regarding judges and 
1.7 	evidence from recording equipment in a law enforcement vehicle; driver's license 
1.8 	reinstatement diversion pilot program; corrections regarding probation, pretrial 
1.9 	release, and correctional officers, sentencing, and evidence-based practices 
1.10 	for community supervision; sentencing guidelines; emergency response team; 
1.11 	controlled substances; financial crimes; unsafe recalled toys; animal fighting; 
1.12 	public employer consideration of criminal records in hiring; peace officer and 
1.13 	public safety dispatcher employment; assault on public utility workers; trespass 
1.14 	in police cordoned-off areas; peace officer education; communications regarding 
1.15 	criminal history, background checks, warrant information, CIBRS data, criminal 
1.16 	justice data, and Statewide Radio Board; providing for boards, task forces, and 
1.17 	programs; providing for reports; providing for penalties;amending Minnesota 
1.18 	Statutes 2008, sections 12.03, by adding a subdivision; 13.87, subdivision 1; 
1.19 	122A.18, subdivision 8; 123B.03, subdivision 1; 152.02, subdivisions 6, 12; 
1.20 	243.166, subdivisions 1a, 4, 4b, 6; 244.05, subdivision 6; 246.13, subdivision 
1.21 	2; 253B.141, subdivision 1; 299A.681; 299C.115; 299C.40, subdivisions 1, 2; 
1.22 	299C.46, subdivision 1; 299C.52, subdivisions 1, 3, 4; 299C.53, subdivision 1; 
1.23 	299C.62, subdivision 1; 299C.65, subdivisions 1, 5; 299C.68, subdivision 2; 
1.24 	343.31, subdivision 1; 357.021, subdivision 6; 388.24, subdivision 4; 401.025, 
1.25 	subdivision 1; 401.065, subdivision 3a; 403.36, subdivision 2, by adding a 
1.26 	subdivision; 471.59, by adding subdivisions; 480.23; 484.91, subdivision 1; 
1.27 	491A.03, subdivision 1; 518.165, subdivision 5; 524.5-118, subdivision 2; 
1.28 	609.131, subdivision 1; 609.2231, by adding a subdivision; 609.2232; 609.352, 
1.29 	subdivision 2a; 609.605, subdivision 1; 611.17; 611.18; 611.20, subdivision 3; 
1.30 	611.21; 611.272; 611A.0315, subdivision 1; 626.843, subdivisions 1, 3; 626.845, 
1.31 	subdivision 1; 626.863; 628.69, subdivision 6; 629.34, subdivision 1; 629.341, 
1.32 	subdivision 1; Laws 1999, chapter 216, article 2, section 27, subdivisions 1, as 
1.33 	amended, 3c, as added, 4; proposing coding for new law in Minnesota Statutes, 
1.34 	chapters 12; 244; 260B; 325F; 364; 634; repealing Minnesota Statutes 2008, 
1.35 	sections 260B.199, subdivision 2; 260B.201, subdivision 3; 299C.61, subdivision 
1.36 	8; 299C.67, subdivision 3; 383B.65, subdivision 2; 403.36, subdivision 1f; Laws 
1.37 	2002, chapter 266, section 1, as amended.
1.38 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	ARTICLE 1
2.2 	PREDATORY OFFENDERS

2.3 	Section 1. Minnesota Statutes 2008, section 243.166, subdivision 1a, is amended to 
2.4 	read:
2.5 		Subd. 1a.Definitions. (a) As used in this section, unless the context clearly 
2.6 	indicates otherwise, the following terms have the meanings given them.
2.7 	(b) "Bureau" means the Bureau of Criminal Apprehension.
2.8 	(c) "Dwelling" means the building where the person lives under a formal or informal 
2.9 	agreement to do so.
2.10 	(d) "Incarceration" and "confinement" do not include electronic home monitoring.
2.11 	(e) "Instant messaging or chat room" means a program that requires a person to 
2.12 	register or create an account, a user name, or a password to become a member or registered 
2.13 	user of the program and allows members or authorized users to communicate over the 
2.14 	Internet in real time using typed text or voice, including programs associated with online 
2.15 	games, and other online communities. The term does not include an electronic mail 
2.16 	(e-mail) or message board program.
2.17 	(e) (f) "Law enforcement authority" or "authority" means, with respect to a home 
2.18 	rule charter or statutory city, the chief of police, and with respect to an unincorporated 
2.19 	area, the county sheriff.
2.20 	(f) (g) "Motor vehicle" has the meaning given in section 169.011, subdivision 92 42.
2.21 	(g) (h) "Primary address" means the mailing address of the person's dwelling. If 
2.22 	the mailing address is different from the actual location of the dwelling, primary address 
2.23 	also includes the physical location of the dwelling described with as much specificity as 
2.24 	possible.
2.25 	(h) (i) "School" includes any public or private educational institution, including any 
2.26 	secondary school, trade, or professional institution, or institution of higher education, that 
2.27 	the person is enrolled in on a full-time or part-time basis.
2.28 	(i) (j) "Secondary address" means the mailing address of any place where the person 
2.29 	regularly or occasionally stays overnight when not staying at the person's primary address. 
2.30 	If the mailing address is different from the actual location of the place, secondary address 
2.31 	also includes the physical location of the place described with as much specificity as 
2.32 	possible.
2.33 	(k) "Social networking Web site" means an Internet Web site that has a primary 
2.34 	purpose of facilitating social interaction between two or more persons for the purposes of 
2.35 	friendship, meeting other persons, or information exchanges, and allows users to create 
3.1 	Web pages or profiles that provide information about themselves and are available publicly 
3.2 	or to other users and that offers a mechanism for communication with other users, such as 
3.3 	a forum, chat room, electronic mail, or instant messaging.
3.4 	(j) (l) "Treatment facility" means a residential facility, as defined in section 244.052, 
3.5 	subdivision 1, and residential chemical dependency treatment programs and halfway 
3.6 	houses licensed under chapter 245A, including, but not limited to, those facilities directly 
3.7 	or indirectly assisted by any department or agency of the United States.
3.8 	(k) (m) "Work" includes employment that is full time or part time for a period of 
3.9 	time exceeding 14 days or for an aggregate period of time exceeding 30 days during 
3.10 	any calendar year, whether financially compensated, volunteered, or for the purpose of 
3.11 	government or educational benefit.

3.12 	EFFECTIVE DATE. This section is effective August 1, 2010, and applies to 
3.13 	predators who are required to register before, on, or after that date.

3.14 	Sec. 2. Minnesota Statutes 2008, section 243.166, subdivision 4, is amended to read:
3.15 		Subd. 4. Contents of registration. (a) The registration provided to the corrections 
3.16 	agent or law enforcement authority, must consist of a statement in writing signed by the 
3.17 	person, giving information required by the bureau, a fingerprint card, and photograph of 
3.18 	the person taken at the time of the person's release from incarceration or, if the person 
3.19 	was not incarcerated, at the time the person initially registered under this section. The 
3.20 	registration information also must include a written consent form signed by the person 
3.21 	allowing a treatment facility or residential housing unit or shelter to release information to 
3.22 	a law enforcement officer about the person's admission to, or residence in, a treatment 
3.23 	facility or residential housing unit or shelter. Registration information on adults and 
3.24 	juveniles may be maintained together notwithstanding section 260B.171, subdivision 3. 
3.25 	(b) For persons required to register under subdivision 1b, paragraph (c), following 
3.26 	commitment pursuant to a court commitment under section 253B.185 or a similar law 
3.27 	of another state or the United States, in addition to other information required by this 
3.28 	section, the registration provided to the corrections agent or law enforcement authority 
3.29 	must include the person's offense history and documentation of treatment received during 
3.30 	the person's commitment. This documentation is limited to a statement of how far the 
3.31 	person progressed in treatment during commitment. 
3.32 	(c) Within three days of receipt, the corrections agent or law enforcement authority 
3.33 	shall forward the registration information to the bureau. The bureau shall ascertain 
3.34 	whether the person has registered with the law enforcement authority in the area of the 
3.35 	person's primary address, if any, or if the person lacks a primary address, where the person 
4.1 	is staying, as required by subdivision 3a. If the person has not registered with the law 
4.2 	enforcement authority, the bureau shall send one copy to that authority. 
4.3 	(d) The corrections agent or law enforcement authority may require that a person 
4.4 	required to register under this section appear before the agent or authority to be 
4.5 	photographed. The agent or authority shall forward the photograph to the bureau. 
4.6 	(1) Except as provided in clause (2), the agent or authority shall require a person 
4.7 	required to register under this section who is classified as a level III offender under 
4.8 	section 244.052 to appear before the agent or authority at least every six months to be 
4.9 	photographed. 
4.10 	(2) The requirements of this paragraph shall not apply during any period where 
4.11 	the person to be photographed is: (i) committed to the commissioner of corrections and 
4.12 	incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the 
4.13 	commissioner of human services and receiving treatment in a secure treatment facility. 
4.14 	(e) During the period a person is required to register under this section, the following 
4.15 	provisions apply: 
4.16 	(1) Except for persons registering under subdivision 3a, the bureau shall mail a 
4.17 	verification form to the person's last reported primary address. This verification form must 
4.18 	provide notice to the offender that, if the offender does not return the verification form 
4.19 	as required, information about the offender may be made available to the public through 
4.20 	electronic, computerized, or other accessible means. For persons who are registered under 
4.21 	subdivision 3a, the bureau shall mail an annual verification form to the law enforcement 
4.22 	authority where the offender most recently reported. The authority shall provide the 
4.23 	verification form to the person at the next weekly meeting and ensure that the person 
4.24 	completes and signs the form and returns it to the bureau. Notice is sufficient under this 
4.25 	paragraph, if the verification form is sent by first class mail to the person's last reported 
4.26 	primary address, or for persons registered under subdivision 3a, to the law enforcement 
4.27 	authority where the offender most recently reported. 
4.28 	(2) The person shall mail the signed verification form back to the bureau within ten 
4.29 	days after receipt of the form, stating on the form the current and last address of the 
4.30 	person's residence and the other information required under subdivision 4a. 
4.31 	(3) In addition to the requirements listed in this section, a person who is assigned 
4.32 	to risk level II or III under section 244.052, and who is no longer under correctional 
4.33 	supervision for a registration offense, or a failure to register offense, but who resides, 
4.34 	works, or attends school in Minnesota, shall have an annual in-person contact with a law 
4.35 	enforcement authority as provided in this section. If the person resides in Minnesota, the 
4.36 	annual in-person contact shall be with the law enforcement authority that has jurisdiction 
5.1 	over the person's primary address or, if the person has no address, the location where the 
5.2 	person is staying. If the person does not reside in Minnesota but works or attends school 
5.3 	in this state, the person shall have an annual in-person contact with the law enforcement 
5.4 	authority or authorities with jurisdiction over the person's school or workplace. During 
5.5 	the month of the person's birth date, the person shall report to the authority to verify the 
5.6 	accuracy of the registration information and to be photographed. Within three days of this 
5.7 	contact, the authority shall enter information as required by the bureau into the predatory 
5.8 	offender registration database and submit an updated photograph of the person to the 
5.9 	bureau's predatory offender registration unit. 
5.10 	(4) If the person fails to mail the completed and signed verification form to the 
5.11 	bureau within ten days after receipt of the form, or if the person fails to report to the 
5.12 	law enforcement authority during the month of the person's birth date, the person is in 
5.13 	violation of this section. 
5.14 	(5) For any person who fails to mail the completed and signed verification form to 
5.15 	the bureau within ten days after receipt of the form and who has been determined to be 
5.16 	a risk level III offender under section 244.052, the bureau shall immediately investigate 
5.17 	and notify local law enforcement authorities to investigate the person's location and to 
5.18 	ensure compliance with this section. The bureau also shall immediately give notice of the 
5.19 	person's violation of this section to the law enforcement authority having jurisdiction over 
5.20 	the person's last registered address or addresses. 
5.21 	(6) Persons required to register under this section and who are also on intensive 
5.22 	supervised release under section 244.05, subdivision 6, shall not access, or create or 
5.23 	maintain a personal Web page, profile, account, password, or user name for: (i) a social 
5.24 	networking Web site; or (ii) an instant messaging or chat room program, that permits 
5.25 	persons under the age of 18 to become a member or to create or maintain a personal 
5.26 	Web page.
5.27 	For persons required to register under subdivision 1b, paragraph (c), following 
5.28 	commitment pursuant to a court commitment under section 253B.185 or a similar law of 
5.29 	another state or the United States, the bureau shall comply with clause (1) at least four 
5.30 	times each year. For persons who, under section 244.052, are assigned to risk level III and 
5.31 	who are no longer under correctional supervision for a registration offense or a failure to 
5.32 	register offense, the bureau shall comply with clause (1) at least two times each year. For 
5.33 	all other persons required to register under this section, the bureau shall comply with clause 
5.34 	(1) each year within 30 days of the anniversary date of the person's initial registration. 
5.35 	(f) When sending out a verification form, the bureau shall determine whether the 
5.36 	person to whom the verification form is being sent has signed a written consent form 
6.1 	as provided for in paragraph (a). If the person has not signed such a consent form, the 
6.2 	bureau shall send a written consent form to the person along with the verification form. 
6.3 	A person who receives this written consent form shall sign and return it to the bureau 
6.4 	at the same time as the verification form. 

6.5 	EFFECTIVE DATE. This section is effective August 1, 2010, and applies to 
6.6 	predatory offenders who are required to register before, on, or after that date.

6.7 	Sec. 3. Minnesota Statutes 2008, section 243.166, subdivision 4b, is amended to read:
6.8 		Subd. 4b.Health care facility; notice of status. (a) For the purposes of this 
6.9 	subdivision, "health care facility" means a facility licensed by:
6.10 	(1) licensed by the commissioner of health as a hospital, boarding care home or 
6.11 	supervised living facility under sections 144.50 to 144.58, or a nursing home under 
6.12 	chapter 144A;
6.13 	(2) registered by the commissioner of health as a housing with services establishment 
6.14 	as defined in section 144D.01; or
6.15 	(2) (3) licensed by the commissioner of human services as a residential facility 
6.16 	under chapter 245A to provide adult foster care, adult mental health treatment, chemical 
6.17 	dependency treatment to adults, or residential services to persons with developmental 
6.18 	disabilities.
6.19 	(b) Prior to admission to a health care facility, a person required to register under 
6.20 	this section shall disclose to:
6.21 	(1) the health care facility employee processing the admission the person's status 
6.22 	as a registered predatory offender under this section; and
6.23 	(2) the person's corrections agent, or if the person does not have an assigned 
6.24 	corrections agent, the law enforcement authority with whom the person is currently 
6.25 	required to register, that inpatient admission will occur.
6.26 	(c) A law enforcement authority or corrections agent who receives notice under 
6.27 	paragraph (b) or who knows that a person required to register under this section is 
6.28 	planning to be admitted and receive, or has been admitted and is receiving health care 
6.29 	at a health care facility shall notify the administrator of the facility and deliver a fact 
6.30 	sheet to the administrator containing the following information: (1) name and physical 
6.31 	description of the offender; (2) the offender's conviction history, including the dates of 
6.32 	conviction; (3) the risk level classification assigned to the offender under section 244.052, 
6.33 	if any; and (4) the profile of likely victims.
6.34 	(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care 
6.35 	facility receives a fact sheet under paragraph (c) that includes a risk level classification for 
7.1 	the offender, and if the facility admits the offender, the facility shall distribute the fact 
7.2 	sheet to all residents at the facility. If the facility determines that distribution to a resident 
7.3 	is not appropriate given the resident's medical, emotional, or mental status, the facility 
7.4 	shall distribute the fact sheet to the patient's next of kin or emergency contact.

7.5 	EFFECTIVE DATE. This section is effective August 1, 2010, and applies to 
7.6 	predatory offenders who are required to register before, on, or after that date.

7.7 	Sec. 4. Minnesota Statutes 2008, section 243.166, subdivision 6, is amended to read:
7.8 		Subd. 6.Registration period. (a) Notwithstanding the provisions of section 
7.9 	609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person 
7.10 	required to register under this section shall continue to comply with this section until ten 
7.11 	years have elapsed since the person initially registered in connection with the offense, or 
7.12 	until the probation, supervised release, or conditional release period expires, whichever 
7.13 	occurs later. For a person required to register under this section who is committed under 
7.14 	section 253B.18 or 253B.185, the ten-year registration period does not include the period 
7.15 	of commitment.
7.16 	(b) If a person required to register under this section fails to provide the person's 
7.17 	primary address as required by subdivision 3, paragraph (b), fails to comply with the 
7.18 	requirements of subdivision 3a, fails to provide information as required by subdivision 
7.19 	4a, or fails to return the verification form referenced in subdivision 4 within ten days, 
7.20 	the commissioner of public safety may require the person to continue to register for an 
7.21 	additional period of five years. This five-year period is added to the end of the offender's 
7.22 	registration period.
7.23 	(c) If a person required to register under this section is subsequently incarcerated 
7.24 	following a conviction arrested for any new offenses or any probation, parole, supervised 
7.25 	release, or conditional release violations prior to the end of the person's registration period 
7.26 	and is convicted of and incarcerated for aany new offense or followingis incarcerated 
7.27 	for a revocation of probation, parole, supervised release, or conditional release for any 
7.28 	offense, the person shall continue to register until ten years have elapsed since the person 
7.29 	was last released from incarceration or until the person's probation, supervised release, or 
7.30 	conditional release period expires, whichever occurs later. For the purposes of this section, 
7.31 	incarcerated includes credit for time served prior to the conviction or revocation.
7.32 	(d) A person shall continue to comply with this section for the life of that person:
7.33 	(1) if the person is convicted of or adjudicated delinquent for any offense for which 
7.34 	registration is required under subdivision 1b, or any offense from another state or any 
7.35 	federal offense similar to the offenses described in subdivision 1b, and the person has a 
8.1 	prior conviction or adjudication for an offense for which registration was or would have 
8.2 	been required under subdivision 1b, or an offense from another state or a federal offense 
8.3 	similar to an offense described in subdivision 1b;
8.4 	(2) if the person is required to register based upon a conviction or delinquency 
8.5 	adjudication for an offense under section 609.185, clause (2), or a similar statute from 
8.6 	another state or the United States;
8.7 	(3) if the person is required to register based upon a conviction for an offense under 
8.8 	section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
8.9 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); 
8.10 	or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the 
8.11 	United States similar to the offenses described in this clause; or
8.12 	(4) if the person is required to register under subdivision 1b, paragraph (c), following 
8.13 	commitment pursuant to a court commitment under section 253B.185 or a similar law of 
8.14 	another state or the United States.
8.15 	(e) A person described in subdivision 1b, paragraph (b), who is required to register 
8.16 	under the laws of a state in which the person has been previously convicted or adjudicated 
8.17 	delinquent, shall register under this section for the time period required by the state of 
8.18 	conviction or adjudication unless a longer time period is required elsewhere in this section.

8.19 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
8.20 	predatory offenders who are required to register before, on, or after that date.

8.21 	Sec. 5. Minnesota Statutes 2008, section 244.05, subdivision 6, is amended to read:
8.22 		Subd. 6.Intensive supervised release. The commissioner may order that an 
8.23 	inmate be placed on intensive supervised release for all or part of the inmate's supervised 
8.24 	release or parole term if the commissioner determines that the action will further the 
8.25 	goals described in section 244.14, subdivision 1, clauses (2), (3), and (4). In addition, the 
8.26 	commissioner may order that an inmate be placed on intensive supervised release for all 
8.27 	of the inmate's conditional or supervised release term if the inmate was convicted of 
8.28 	a sex offense under section 609.342, 609.343, 609.344, 609.345, or 609.3453 or was 
8.29 	sentenced under the provisions of section 609.3455, subdivision 3a. The commissioner 
8.30 	shall order that all level III predatory offenders be placed on intensive supervised release 
8.31 	for the entire supervised release, conditional release, or parole term. The commissioner 
8.32 	may impose appropriate conditions of release on the inmate including but not limited to 
8.33 	unannounced searches of the inmate's person, vehicle, or premises, computer, or other 
8.34 	electronic devices capable of accessing the Internet by an intensive supervision agent; 
8.35 	compliance with court-ordered restitution, if any; random drug testing; house arrest; daily 
9.1 	curfews; frequent face-to-face contacts with an assigned intensive supervision agent; 
9.2 	work, education, or treatment requirements; and electronic surveillance. In addition, any 
9.3 	sex offender placed on intensive supervised release may be ordered to participate in an 
9.4 	appropriate sex offender program as a condition of release. If the inmate violates the 
9.5 	conditions of the intensive supervised release, the commissioner shall impose sanctions as 
9.6 	provided in subdivision 3 and section 609.3455.

9.7 	EFFECTIVE DATE. This section is effective August 1, 2010, and applies to 
9.8 	predatory offenders who are required to register before, on, or after that date.

9.9 	Sec. 6. Minnesota Statutes 2008, section 609.352, subdivision 2a, is amended to read:
9.10 		Subd. 2a.Internet or computer Electronic solicitation of children. A person 
9.11 	18 years of age or older who uses the Internet or, a computer, computer program, 
9.12 	computer network, or computer system, an electronic communications system, or a 
9.13 	telecommunications, wire, or radio communications system, or other electronic device 
9.14 	capable of electronic data storage or transmission to commit any of the following acts, 
9.15 	with the intent to arouse the sexual desire of any person, is guilty of a felony and may be 
9.16 	sentenced as provided in subdivision 4:
9.17 	(1) soliciting a child or someone the person reasonably believes is a child to engage 
9.18 	in sexual conduct;
9.19 	(2) engaging in communication relating to or describing sexual conduct with a 
9.20 	child or someone the person reasonably believes is a child, relating to or describing 
9.21 	sexual conduct; or
9.22 	(3) distributing any material, language, or communication, including a photographic 
9.23 	or video image, that relates to or describes sexual conduct to a child or someone the 
9.24 	person reasonably believes is a child.

9.25 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to crimes 
9.26 	committed on or after that date.

9.27 	ARTICLE 2
9.28 	CRIME VICTIMS

9.29 	Section 1. Minnesota Statutes 2008, section 611A.0315, subdivision 1, is amended to 
9.30 	read:
9.31 		Subdivision 1.Notice of decision not to prosecute. (a) A prosecutor shall make 
9.32 	every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct 
9.33 	offense, or harassment that the prosecutor has decided to decline prosecution of the case 
10.1 	or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim 
10.2 	should include, in order of priority: (1) contacting the victim or a person designated by the 
10.3 	victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody, 
10.4 	the notification attempt shall be made before the suspect is released from custody.
10.5 	(b) Whenever a prosecutor dismisses criminal charges against a person accused of 
10.6 	domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made 
10.7 	of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the 
10.8 	witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
10.9 	(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual 
10.10 	conduct, or harassment under this section, the prosecutor shall also inform the victim of 
10.11 	the method and benefits of seeking an order for protection under section 518B.01 or a 
10.12 	restraining order under section 609.748 and that the victim may seek an order without 
10.13 	paying a fee. 

10.14 	EFFECTIVE DATE. This section is effective July 1, 2009.

10.15 	Sec. 2. Minnesota Statutes 2008, section 629.341, subdivision 1, is amended to read:
10.16 		Subdivision 1.Arrest. Notwithstanding section 629.34 or any other law or rule, a 
10.17 	peace officer may arrest a person anywhere without a warrant, including at the person's 
10.18 	residence, if the peace officer has probable cause to believe that within the preceding 
10.19 	12 24 hours the person has committed domestic abuse, as defined in section 518B.01, 
10.20 	subdivision 2. The arrest may be made even though the assault did not take place in 
10.21 	the presence of the peace officer.  

10.22 	EFFECTIVE DATE. This section is effective July 1, 2009.

10.23 	Sec. 3. Laws 1999, chapter 216, article 2, section 27, subdivision 1, as amended by 
10.24 	Laws 2000, chapter 468, section 29, is amended to read:
10.25 		Subdivision 1.Pilot project authorized Domestic fatality review teams; purpose.
 10.26 	The fourth A judicial district may establish a domestic fatality review team as a 30-month 
10.27 	pilot project to review domestic violence deaths that have occurred in the district. The 
10.28 	team may review cases in which prosecution has been completed or the prosecutorial 
10.29 	authority has decided not to pursue the case. The purpose of the review team is to 
10.30 	assess domestic violence deaths in order to develop recommendations for policies and 
10.31 	protocols for community prevention and intervention initiatives to reduce and eliminate 
10.32 	the incidence of domestic violence and resulting fatalities.

10.33 	EFFECTIVE DATE. This section is effective July 1, 2009.

11.1 	Sec. 4. Laws 1999, chapter 216, article 2, section 27, subdivision 3c, as added by Laws 
11.2 	2000, chapter 468, section 32, is amended to read:
11.3 		Subd. 3c.Immunity. Members of the fourth judicial district domestic fatality 
11.4 	advisory board, members of the domestic fatality review team, and members of each 
11.5 	review panel, as well as their agents or employees, are immune from claims and are 
11.6 	not subject to any suits, liability, damages, or any other recourse, civil or criminal, 
11.7 	arising from any act, proceeding, decision, or determination undertaken or performed or 
11.8 	recommendation made by the domestic fatality review team, provided they acted in good 
11.9 	faith and without malice in carrying out their responsibilities. Good faith is presumed until 
11.10 	proven otherwise and the complainant has the burden of proving malice or a lack of good 
11.11 	faith. No organization, institution, or person furnishing information, data, testimony, 
11.12 	reports, or records to the domestic fatality review team as part of an investigation is civilly 
11.13 	or criminally liable or subject to any other recourse for providing the information.

11.14 	EFFECTIVE DATE. This section is effective July 1, 2009.

11.15 	Sec. 5. Laws 1999, chapter 216, article 2, section 27, subdivision 4, is amended to read:
11.16 		Subd. 4.Evaluation and report. (a) The Each domestic fatality review team 
11.17 	shall develop a system for evaluating the effectiveness of its program and shall focus on 
11.18 	identifiable goals and outcomes. An evaluation must include data components as well as 
11.19 	input from individuals involved in the review process.
11.20 	(b) The Each domestic fatality review team shall issue two an annual reports report
11.21 	to the legislature during the pilot project; one on or before December 31, 2000, and one on 
11.22 	or before December 31, 2001. The reportsreport must consist of the written aggregate 
11.23 	recommendations of the domestic fatality review team without reference to specific cases. 
11.24 	The December 31, 2001, report must include recommendations for legislation. The reports
11.25 	report must be available upon request and distributed to the governor, attorney general, 
11.26 	supreme court, county board, and district court.

11.27 	EFFECTIVE DATE. This section is effective July 1, 2009.

11.28 	Sec. 6. REPEALER.
 11.29 	Laws 2002, chapter 266, section 1, as amended by Laws 2004, chapter 290, section 
11.30 	38, and Laws 2006, chapter 260, article 5, section 53, is repealed.

11.31 	EFFECTIVE DATE. This section is effective July 1, 2009.

12.1 	ARTICLE 3
12.2 	COURTS AND PUBLIC DEFENDER

12.3 	Section 1. [260B.002] POLICY ON DISPROPORTIONATE MINORITY 
12.4 	CONTACT.
12.5 	It is the policy of the state of Minnesota to identify and eliminate barriers to racial, 
12.6 	ethnic, and gender fairness within the criminal justice, juvenile justice, corrections, and 
12.7 	judicial systems, in support of the fundamental principle of fair and equitable treatment 
12.8 	under law.

12.9 	Sec. 2. Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:
12.10 		Subdivision 1.Establishment. Misdemeanor violations bureaus in the Fourth 
12.11 	Judicial District shall be established in Minneapolis, a southern suburb location, and at 
12.12 	any other northern and western suburban locations dispersed throughout the county as 
12.13 	may be designated by a majority of the judges of the court.

12.14 	Sec. 3. Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read:
12.15 		Subdivision 1.Judges; referees. The judges of district court shall may serve as 
12.16 	judges of conciliation court. In the Second and Fourth Judicial Districts, a majority of 
12.17 	the judges The chief judge of the district may appoint one or more suitable persons to act 
12.18 	as referees in conciliation court; a majority of the judges the chief judge of the district 
12.19 	shall establish qualifications for the office, specify the duties and length of service of 
12.20 	referees, and fix their compensation not to exceed an amount per day determined by the 
12.21 	chief judge of the judicial district.

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

12.23 	Sec. 4. Minnesota Statutes 2008, section 609.131, subdivision 1, is amended to read:
12.24 		Subdivision 1.General rule. Except as provided in subdivision 2, an alleged 
12.25 	misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney 
12.26 	believes that it is in the interest of justice that the defendant not be imprisoned if convicted 
12.27 	and certifies that belief to the court at or before the time of arraignment or pretrial 
12.28 	hearing, and the court approves of the certification motion. The defendant's consent to the 
12.29 	certification is not required. When an offense is certified as a petty misdemeanor under 
12.30 	this section, the defendant's eligibility for court-appointed counsel must be evaluated 
12.31 	as though the offense were a petty misdemeanor and the defendant will not be eligible 
12.32 	for the appointment of a public defender.

13.1 	EFFECTIVE DATE. This section is effective July 1, 2009.

13.2 	Sec. 5. Minnesota Statutes 2008, section 611.17, is amended to read:
13.3 	611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT; 
13.4 	STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
13.5 	(a) Each judicial district must screen requests for representation by the district public 
13.6 	defender. A defendant is financially unable to obtain counsel if:
13.7 	(1) the defendant, or any dependent of the defendant who resides in the same 
13.8 	household as the defendant, receives means-tested governmental benefits; or is charged 
13.9 	with a misdemeanor, has no liquid assets, and has an annual income not greater than 150 
13.10 	percent of the poverty guidelines updated periodically in the Federal Register by the 
13.11 	United States Department of Health and Human Services under the authority of United 
13.12 	States Code, title 42, section 9902(2);
13.13 	(2) the defendant is charged with a gross misdemeanor, has no liquid assets, and 
13.14 	has an annual income not greater than 175 percent of the poverty guidelines updated 
13.15 	periodically in the Federal Register by the United States Department of Health and Human 
13.16 	Services under the authority of United States Code, title 42, section 9902(2);
13.17 	(3) the defendant is charged with a felony, has no liquid assets, and has an annual 
13.18 	income not greater than 200 percent of the poverty guidelines updated periodically in the 
13.19 	Federal Register by the United States Department of Health and Human Services under 
13.20 	the authority of United States Code, title 42, section 9902(2); or
13.21 	(4) the defendant, through any combination of liquid assets and current income, 
13.22 	would be unable to pay the reasonable costs charged by private counsel in that judicial 
13.23 	district for a defense of the same matter.
13.24 	(b) Upon a request for the appointment of counsel, the court shall make appropriate 
13.25 	inquiry into the financial circumstances of the applicant, who shall submit a financial 
13.26 	statement under oath or affirmation setting forth the applicant's assets and liabilities, 
13.27 	including the value of any real property owned by the applicant, whether homestead or 
13.28 	otherwise, less the amount of any encumbrances on the real property, the source or sources 
13.29 	of income, and any other information required by the court. The applicant shall be under 
13.30 	a continuing duty while represented by a public defender to disclose any changes in the 
13.31 	applicant's financial circumstances that might be relevant to the applicant's eligibility for a 
13.32 	public defender. The state public defender shall furnish appropriate forms for the financial 
13.33 	statements. The forms must contain conspicuous notice of the applicant's continuing duty 
13.34 	to disclose to the court changes in the applicant's financial circumstances. The forms must 
13.35 	also contain conspicuous notice of the applicant's obligation to make a co-payment for the 
14.1 	services of the district public defender, as specified under paragraph (c). The information 
14.2 	contained in the statement shall be confidential and for the exclusive use of the court 
14.3 	and the public defender appointed by the court to represent the applicant except for any 
14.4 	prosecution under section 609.48. A refusal to execute the financial statement or produce 
14.5 	financial records constitutes a waiver of the right to the appointment of a public defender. 
14.6 	The court shall not appoint a district public defender to a defendant who is financially able 
14.7 	to retain private counsel but refuses to do so. 
14.8 	An inquiry to determine financial eligibility of a defendant for the appointment of 
14.9 	the district public defender shall be made whenever possible prior to the court appearance 
14.10 	and by such persons as the court may direct. This inquiry may be combined with the 
14.11 	prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02, 
14.12 	subdivision 3. In no case shall the district public defender be required to perform this 
14.13 	inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to 
14.14 	conduct a financial inquiry. The inquiry must include the following: 
14.15 	(1) the liquidity of real estate assets, including the defendant's homestead;
14.16 	(2) any assets that can be readily converted to cash or used to secure a debt;
14.17 	(3) the determination of whether the transfer of an asset is voidable as a fraudulent 
14.18 	conveyance; and
14.19 	(4) the value of all property transfers occurring on or after the date of the alleged 
14.20 	offense. The burden is on the accused to show that he or she is financially unable to afford 
14.21 	counsel. Defendants who fail to provide information necessary to determine eligibility 
14.22 	shall be deemed ineligible. The court must not appoint the district public defender as 
14.23 	advisory counsel.
14.24 	(c) Upon disposition of the case, an individual who has received public defender 
14.25 	services shall pay to the court a $28 co-payment for representation provided by a public 
14.26 	defender, unless the co-payment is, or has been, waived by the court.
14.27 	The co-payment must be credited to the general fund. If a term of probation is 
14.28 	imposed as a part of an offender's sentence, the co-payment required by this section must 
14.29 	not be made a condition of probation. The co-payment required by this section is a civil 
14.30 	obligation and must not be made a condition of a criminal sentence.

14.31 	EFFECTIVE DATE. This section is effective July 1, 2009.

14.32 	Sec. 6. Minnesota Statutes 2008, section 611.18, is amended to read:
14.33 	611.18 APPOINTMENT OF PUBLIC DEFENDER.
15.1 	If it appears to a court that a person requesting the appointment of counsel satisfies 
15.2 	the requirements of this chapter, the court shall order the appropriate public defender to 
15.3 	represent the person at all further stages of the proceeding through appeal, if any. For a 
15.4 	person appealing from a conviction, or a person pursuing a postconviction proceeding 
15.5 	and who has not already had a direct appeal of the conviction, according to the standards 
15.6 	of sections 611.14, clause (2), and 611.25, subdivision 1, paragraph (a), clause (2), the 
15.7 	state chief appellate public defender shall be appointed. For a person covered by section 
15.8 	611.14, clause (1), (3), or (4), a district public defender shall be appointed to represent 
15.9 	that person. If (a) conflicting interests exist, (b) the district public defender for any other 
15.10 	reason is unable to act, or (c) the interests of justice require, the state public defender 
15.11 	may be ordered to represent a person. When the state public defender is directed by a 
15.12 	court to represent a defendant or other person, the state public defender may assign the 
15.13 	representation to any district public defender. If at any stage of the proceedings, including 
15.14 	an appeal, the court finds that the defendant is financially unable to pay counsel whom the 
15.15 	defendant had retained, the court may appoint the appropriate public defender to represent 
15.16 	the defendant, as provided in this section. Prior to any court appearance, a public defender 
15.17 	may represent a person accused of violating the law, who appears to be financially unable 
15.18 	to obtain counsel, and shall continue to represent the person unless it is subsequently 
15.19 	determined that the person is financially able to obtain counsel. The representation may 
15.20 	be made available at the discretion of the public defender, upon the request of the person 
15.21 	or someone on the person's behalf. Any law enforcement officer may notify the public 
15.22 	defender of the arrest of any such person.  

15.23 	EFFECTIVE DATE. This section is effective July 1, 2009.

15.24 	Sec. 7. Minnesota Statutes 2008, section 611.20, subdivision 3, is amended to read:
15.25 		Subd. 3.Reimbursement. In each fiscal year, the commissioner of finance shall 
15.26 	deposit the payments in the general fund and credit them to a separate account with the 
15.27 	Board of Public Defense. The amount credited to this account is appropriated to the Board 
15.28 	of Public Defense, except that reimbursements collected in the Fourth Judicial District 
15.29 	shall be returned to Hennepin County to offset the county's contribution to pay for the 
15.30 	public defender system under section 611.26, subdivision 3a, paragraph (c).
15.31 	The balance of this account does not cancel but is available until expended. 
15.32 	Expenditures by the board from this account for each judicial district public defense office 
15.33 	must be based on the amount of the payments received by the state from the courts in 
15.34 	each judicial district. A district public defender's office that receives money under this 
15.35 	subdivision shall use the money to supplement office overhead payments to part-time 
16.1 	attorneys providing public defense services in the district. By January 15 of each year, 
16.2 	the Board of Public Defense shall report to the chairs and ranking minority members of 
16.3 	the senate and house of representatives divisions having jurisdiction over criminal justice 
16.4 	funding on the amount appropriated under this subdivision, the number of cases handled 
16.5 	by each district public defender's office, the number of cases in which reimbursements 
16.6 	were ordered, the average amount of reimbursement ordered, and the average amount of 
16.7 	money received by part-time attorneys under this subdivision.

16.8 	EFFECTIVE DATE. This section is effective July 1, 2009.

16.9 	Sec. 8. Minnesota Statutes 2008, section 611.21, is amended to read:
16.10 	611.21 SERVICES OTHER THAN COUNSEL.
16.11 	(a) Counsel For purposes of this section, "counsel" means a public defender
16.12 	appointed by the court for an indigent defendant, or an attorney who is working for a 
16.13 	public defense corporation under section 611.216 and is representing a defendant who, at 
16.14 	the outset of the prosecution, has an annual income not greater than 125 percent of the 
16.15 	poverty line established under United States Code, title 42, section 9902(2),.
16.16 	(b) Counsel may file an ex parte application requesting investigative, expert, or other 
16.17 	services necessary to an adequate defense in the case. Upon finding, after appropriate 
16.18 	inquiry in an ex parte proceeding, that the services are necessary and that the defendant is 
16.19 	financially unable to obtain them, the court shall authorize counsel to obtain the services 
16.20 	on behalf of the defendant. The court may establish a limit on the amount which may 
16.21 	be expended or promised for such services. The court may, in the interests of justice, 
16.22 	and upon a finding that timely procurement of necessary services could not await prior 
16.23 	authorization, ratify such services after they have been obtained, but such ratification shall 
16.24 	be given only in unusual situations. The court shall determine reasonable compensation 
16.25 	for the services and direct payment by the county in which the prosecution originated, to 
16.26 	the organization or person who rendered them, upon the filing of a claim for compensation 
16.27 	supported by an affidavit specifying the time expended, services rendered, and expenses 
16.28 	incurred on behalf of the defendant, and the compensation received in the same case or for 
16.29 	the same services from any other source.
16.30 	(b) (c) The compensation to be paid to a person for such service rendered to a 
16.31 	defendant under this section, or to be paid to an organization for such services rendered by 
16.32 	an employee, may not exceed $1,000, exclusive of reimbursement for expenses reasonably 
16.33 	incurred, unless payment in excess of that limit is certified by the court as necessary to 
16.34 	provide fair compensation for services of an unusual character or duration and the amount 
17.1 	of the excess payment is approved by the chief judge of the district. The chief judge of the 
17.2 	judicial district may delegate approval authority to an active district judge.
17.3 	(c) (d) If the court denies authorizing counsel to obtain services on behalf of the 
17.4 	defendant, the court shall make written findings of fact and conclusions of law that state 
17.5 	the basis for determining that counsel may not obtain services on behalf of the defendant. 
17.6 	When the court issues an order denying counsel the authority to obtain services, the 
17.7 	defendant may appeal immediately from that order to the Court of Appeals and may 
17.8 	request an expedited hearing.

17.9 	EFFECTIVE DATE. This section is effective July 1, 2009.

17.10 	Sec. 9. [634.36] EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER 
17.11 	RECORDINGS.
17.12 	In any hearing or trial of a criminal offense or petty misdemeanor or proceeding 
17.13 	pursuant to section 169A.53, subdivision 3, evidence of a videotape, audiotape, or 
17.14 	electronic or digital recording prepared by a peace officer, using recording equipment in a 
17.15 	law enforcement vehicle while in the performance of official duties, shall not be excluded 
17.16 	on the ground that a written transcript of the recording was not prepared and available at 
17.17 	or prior to trial. As used in this section, "peace officer" has the meaning given in section 
17.18 	169A.03, subdivision 18.

17.19 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to trials and 
17.20 	hearings beginning on or after that date.

17.21 	Sec. 10. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
 17.22 		Subdivision 1.Establishment. An eligible city may establish a license reinstatement 
17.23 	diversion pilot program for holders of class D drivers' licenses who have been charged 
17.24 	with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but have not yet 
17.25 	entered a plea in the proceedings. An individual charged with driving after revocation 
17.26 	under Minnesota Statutes, section 171.24, subdivision 2, is eligible for diversion only if 
17.27 	the revocation was due to a violation of Minnesota Statutes, section 169.791; 169.797; 
17.28 	169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). An individual 
17.29 	who is a holder of a commercial driver's license or who has committed an offense in a 
17.30 	commercial motor vehicle is ineligible for participation in the diversion pilot program.
17.31 		Subd. 2.Eligible cities. Each of the cities of Duluth, St. Paul, South St. Paul, 
17.32 	West St. Paul, and Inver Grove Heights is eligible to establish the license reinstatement 
17.33 	diversion pilot program within its city.
18.1 		Subd. 3.Contract. Notwithstanding any law or ordinance to the contrary, an 
18.2 	eligible city may contract with a third party to create and administer the diversion program.
18.3 		Subd. 4.Diversion of individual. A prosecutor for a participating city may 
18.4 	determine whether to accept an individual for diversion, and in doing so shall consider:
18.5 	(1) whether the individual has a record of driving without a valid license or other 
18.6 	criminal record, or has previously participated in a diversion program;
18.7 	(2) the strength of the evidence against the individual, along with any mitigating 
18.8 	factors; and
18.9 	(3) the apparent ability and willingness of the individual to participate in the 
18.10 	diversion program and comply with its requirements.
18.11 		Subd. 5.Diversion driver's license. (a) Notwithstanding any law to the contrary, 
18.12 	the commissioner of public safety may issue a diversion driver's license to a person who 
18.13 	is a participant in a pilot program for diversion, following receipt of an application and 
18.14 	payment of:
18.15 	(1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by 
18.16 	a participant whose driver's license has been suspended;
18.17 	(2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2, 
18.18 	paragraph (a), by a participant whose driver's license has been revoked under Minnesota 
18.19 	Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or
18.20 	(3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2, 
18.21 	paragraph (a), by a participant whose driver's license has been revoked under Minnesota 
18.22 	Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which 
18.23 	are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also 
18.24 	must be paid during the course of, and as a condition of, the diversion program.
18.25 	The diversion driver's license may bear restrictions imposed by the commissioner suitable 
18.26 	to the licensee's driving ability or other restrictions applicable to the licensee as the 
18.27 	commissioner may determine to be appropriate to assure the safe operation of a motor 
18.28 	vehicle by the licensee.
18.29 	(b) Payments by participants in the diversion program of the reinstatement fee and 
18.30 	surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be 
18.31 	applied first toward payment of the reinstatement fee, and after the reinstatement fee has 
18.32 	been fully paid, toward payment of the surcharge. Each payment that is applied toward 
18.33 	the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29, 
18.34 	subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must 
18.35 	be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs 
18.36 	(c) and (d).
19.1 		Subd. 6.Components of program. (a) At a minimum, the diversion program 
19.2 	must require individuals to:
19.3 	(1) successfully attend and complete, at the individual's expense, educational classes 
19.4 	that provide, among other things, information on drivers' licensure;
19.5 	(2) pay, according to a schedule approved by the prosecutor, all required fees, 
19.6 	fines, and charges, including applicable statutory license reinstatement fees and costs 
19.7 	of participation in the program;
19.8 	(3) comply with all traffic laws; and
19.9 	(4) demonstrate compliance with vehicle insurance requirements.
19.10 	(b) An individual who is accepted into the pilot program is eligible to apply for a 
19.11 	diversion driver's license.
19.12 		Subd. 7.Termination of participation in diversion program. (a) An individual's 
19.13 	participation in the diversion program may terminate when:
19.14 	(1) during participation in the program, the individual is guilty of a moving traffic 
19.15 	violation or failure to provide vehicle insurance;
19.16 	(2) the third-party administrator of the diversion program informs the court and the 
19.17 	commissioner of public safety that the individual is no longer satisfying the conditions 
19.18 	of the diversion; or
19.19 	(3) the third-party administrator informs the court, the prosecutor, and the 
19.20 	commissioner of public safety that the individual has met all conditions of the diversion 
19.21 	program including, at a minimum, satisfactory fulfillment of the components in subdivision 
19.22 	6, whereupon the court shall dismiss the charge or the prosecutor shall decline to prosecute.
19.23 	(b) Upon termination of an individual's participation in the diversion program, the 
19.24 	commissioner shall cancel the individual's diversion driver's license.
19.25 	(c) The original charge against the individual of a violation of Minnesota Statutes, 
19.26 	section 171.24, may be reinstated against an individual whose participation in the 
19.27 	diversion program terminates under paragraph (a), clause (1) or (2).
19.28 	(d) The commissioner shall reinstate the driver's license of an individual whose 
19.29 	participation in the diversion program terminates under paragraph (a), clause (3).
19.30 		Subd. 8.Report. (a) By February 1, 2011, the commissioner of public safety and 
19.31 	each eligible city that participates in the diversion program shall report to the legislative 
19.32 	committees with jurisdiction over transportation and the judiciary concerning the results 
19.33 	of the program. The report must include, without limitation, the effect of the program on:
19.34 	(1) recidivism rates for participants in the diversion pilot program;
19.35 	(2) the number of unlicensed drivers who continue to drive in violation of Minnesota 
19.36 	Statutes, section 171.24;
20.1 	(3) payment of the fees and fines collected in the diversion pilot program to cities, 
20.2 	counties, and the state;
20.3 	(4) educational support provided to participants in the diversion pilot program; and 
20.4 	(5) the total number of participants in the diversion pilot program and the number of 
20.5 	participants who have terminated from the pilot program under subdivision 7, paragraph 
20.6 	(a), clauses (1) to (3).
20.7 	(b) The report must include recommendations regarding the future of the program 
20.8 	and any necessary legislative changes.
20.9 		Subd. 9.Sunset. The pilot project under this section expires June 30, 2011.

20.10 	EFFECTIVE DATE. This section is effective July 1, 2009.

20.11 	Sec. 11.  REPEALER.
 20.12 	Minnesota Statutes 2008, section 383B.65, subdivision 2, is repealed.

20.13 	ARTICLE 4
20.14 	CORRECTIONS AND SENTENCING GUIDELINES

20.15 	Section 1. [244.1951] COURT-ORDERED PROBATION OR PRETRIAL 
20.16 	RELEASE; SEARCHES AUTHORIZED.
20.17 		Subdivision 1.Purpose. The purpose of this section is to assist probation officers 
20.18 	and pretrial release agents in monitoring compliance with the conditions imposed on 
20.19 	persons placed upon court-ordered probation or pretrial release.
20.20 		Subd. 2.Condition of release. A court may condition the release of a person placed 
20.21 	upon court-ordered probation or pretrial release on the person's stipulation to submit 
20.22 	to warrantless searches of the person or vehicle or any portion of a premises under the 
20.23 	person's control by, or at the direction of, any probation officer or pretrial release agent 
20.24 	for the purpose of determining compliance with the person's conditions of probation 
20.25 	or pretrial release.

20.26 	EFFECTIVE DATE. This section is effective July 1, 2009.

20.27 	Sec. 2. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
20.28 		Subd. 6.Surcharges on criminal and traffic offenders. (a) Except as provided 
20.29 	in this paragraph, the court shall impose and the court administrator shall collect a $75 
20.30 	surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 
20.31 	petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle 
20.32 	parking, for which there shall be a $4 surcharge. In the Second Judicial District, the 
21.1 	court shall impose, and the court administrator shall collect, an additional $1 surcharge 
21.2 	on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty 
21.3 	misdemeanor offense, including a violation of a law or ordinance relating to vehicle 
21.4 	parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The 
21.5 	surcharge shall be imposed whether or not the person is sentenced to imprisonment or the 
21.6 	sentence is stayed. The surcharge shall not be imposed when a person is convicted of a 
21.7 	petty misdemeanor for which no fine is imposed.
21.8 	(b) If the court fails to impose a surcharge as required by this subdivision, the court 
21.9 	administrator shall show the imposition of the surcharge, collect the surcharge, and 
21.10 	correct the record.
21.11 	(c) The court may not waive payment of the surcharge required under this 
21.12 	subdivision. Upon a showing of indigency or undue hardship upon the convicted person 
21.13 	or the convicted person's immediate family, the sentencing court may authorize payment 
21.14 	of the surcharge in installments.
21.15 	(d) The court administrator or other entity collecting a surcharge shall forward it 
21.16 	to the commissioner of finance.
21.17 	(e) If the convicted person is sentenced to imprisonment and has not paid the 
21.18 	surcharge before the term of imprisonment begins, the chief executive officer of the 
21.19 	correctional facility in which the convicted person is incarcerated shall collect the 
21.20 	surcharge from any earnings the inmate accrues from work performed in the facility 
21.21 	or while on conditional release. The chief executive officer shall forward the amount 
21.22 	collected to the commissioner of finance court administrator or other entity collecting the 
21.23 	surcharge imposed by the court.

21.24 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to 
21.25 	surcharges collected by the chief executive officer of a correctional facility on or after 
21.26 	that date.

21.27 	Sec. 3. Minnesota Statutes 2008, section 401.025, subdivision 1, is amended to read:
21.28 		Subdivision 1.Peace officers and probation officers serving CCA counties. (a) 
21.29 	When it appears necessary to enforce discipline or to prevent a person on conditional 
21.30 	release from escaping or absconding from supervision, the chief executive officer or 
21.31 	designee of a community corrections agency in a CCA county has the authority to issue 
21.32 	a written order directing any peace officer in the county or any probation officer in the 
21.33 	state serving the district and juvenile courts of the county to detain and bring the person 
21.34 	before the court or the commissioner, whichever is appropriate, for disposition. This 
21.35 	written order is sufficient authority for the peace officer or probation officer to detain the 
22.1 	person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a 
22.2 	hearing before the court or the commissioner.
22.3 	(b) The chief executive officer or designee of a community corrections agency in a 
22.4 	CCA county has the authority to issue a written order directing a peace officer or probation 
22.5 	officer serving the district and juvenile courts of the county to release a person detained 
22.6 	under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without 
22.7 	an appearance before the court or the commissioner. This written order is sufficient 
22.8 	authority for the peace officer or probation officer to release the detained person.
22.9 	(c) The chief executive officer or designee of a community corrections agency in a 
22.10 	CCA county has the authority to issue a written order directing any peace officer in the 
22.11 	county or any probation officer serving the district and juvenile courts of the county to 
22.12 	detain any person on court-ordered pretrial release who absconds from pretrial release 
22.13 	or fails to abide by the conditions of pretrial release. A written order issued under this 
22.14 	paragraph is sufficient authority for the peace officer or probation officer to detain the 
22.15 	person.

22.16 	EFFECTIVE DATE. This section is effective July 1, 2009.

22.17 	Sec. 4. Minnesota Statutes 2008, section 471.59, is amended by adding a subdivision 
22.18 	to read:
22.19 		Subd. 12b.Correctional officers. If there is an agreement, merger, or consolidation 
22.20 	between two or more local correctional or detention facilities, a correctional officer who 
22.21 	becomes employed by a new entity created by the agreement, merger, or consolidation 
22.22 	must receive credit for accumulated vacation and sick leave time earned by the correctional 
22.23 	officer during the officer's employment with a governmental unit immediately preceding 
22.24 	the creation of the new entity. If a correctional officer working pursuant to an agreement, 
22.25 	merger, or consolidation becomes employed by the new entity, the correctional officer is 
22.26 	considered to have begun employment with the new entity on the first day of employment 
22.27 	with the governmental unit employing the correctional officer immediately preceding the 
22.28 	creation of the new entity and must be credited with all previously accumulated vacation 
22.29 	and sick leave time.

22.30 	EFFECTIVE DATE. This section is effective July 1, 2009.

22.31 	Sec. 5. Minnesota Statutes 2008, section 609.2232, is amended to read:
22.32 	609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY 
22.33 	STATE PRISON INMATES.
23.1 	If an inmate of a state correctional facility is convicted of violating section 609.221, 
23.2 	609.222, 609.223, 609.2231, or 609.224, while confined in the facility, the sentence 
23.3 	imposed for the assault shall be executed and shall run consecutively, not concurrently,
23.4 	to any unexpired portion of the offender's earlier sentence. The inmate is not entitled to 
23.5 	credit against the sentence imposed for the assault for time served in confinement for the 
23.6 	earlier sentence. The inmate shall serve the sentence for the assault in a state correctional 
23.7 	facility even if the assault conviction was for a misdemeanor or gross misdemeanor.

23.8 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to offenses 
23.9 	committed on or after that date.

23.10 	Sec. 6. Minnesota Statutes 2008, section 629.34, subdivision 1, is amended to read:
23.11 		Subdivision 1.Peace officers. (a) A peace officer, as defined in section 626.84, 
23.12 	subdivision 1, clause (c), who is on or off duty within the jurisdiction of the appointing 
23.13 	authority, or on duty outside the jurisdiction of the appointing authority pursuant to section 
23.14 	629.40, may arrest a person without a warrant as provided under paragraph (c). 
23.15 	(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d), 
23.16 	who is on duty within the jurisdiction of the appointing authority, or on duty outside the 
23.17 	jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person 
23.18 	without a warrant as provided under paragraph (c). 
23.19 	(c) A peace officer or part-time peace officer who is authorized under paragraph (a) 
23.20 	or (b) to make an arrest without a warrant may do so under the following circumstances:
23.21 	(1) when a public offense has been committed or attempted in the officer's presence;
23.22 	(2) when the person arrested has committed a felony, although not in the officer's 
23.23 	presence;
23.24 	(3) when a felony has in fact been committed, and the officer has reasonable cause 
23.25 	for believing the person arrested to have committed it;
23.26 	(4) upon a charge based upon reasonable cause of the commission of a felony by 
23.27 	the person arrested;
23.28 	(5) under the circumstances described in clause (2), (3), or (4), when the offense is a 
23.29 	gross misdemeanor violation of section 609.52, 609.595, 609.631, 609.749, or 609.821; or
23.30 	(6) under circumstances described in clause (2), (3), or (4), when the offense is a 
23.31 	nonfelony violation of a restraining order or no contact order previously issued by a 
23.32 	court.; or
23.33 	(7) under the circumstances described in clause (2), (3), or (4), when the offense is 
23.34 	a gross misdemeanor violation of section 609.485 and the person arrested is a juvenile 
23.35 	committed to the custody of the commissioner of corrections.
24.1 	(d) To make an arrest authorized under this subdivision, the officer may break open 
24.2 	an outer or inner door or window of a dwelling house if, after notice of office and purpose, 
24.3 	the officer is refused admittance.

24.4 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
24.5 	persons escaping from custody on or after that date.

24.6 	Sec. 7. SENTENCING GUIDELINES COMMISSION; CONSOLIDATION OF 
24.7 	REPORTS.
 24.8 	The Sentencing Guidelines Commission may consolidate legislatively mandated 
24.9 	reports to achieve administrative efficiencies or fiscal savings or to reduce the burden of 
24.10 	reporting requirements. The Sentencing Guidelines Commission may not eliminate a 
24.11 	legislatively mandated reporting requirement without prior legislative approval.

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

24.13 	Sec. 8. STUDY OF EVIDENCE-BASED PRACTICES IN MINNESOTA; 
24.14 	REPORT TO THE LEGISLATURE.
 24.15 		Subdivision 1.Direction. The Department of Correction's Minnesota Information 
24.16 	and Supervision Services Committee's Evidence-Based Practices Policy Team shall 
24.17 	undertake an assessment of the use of evidence-based practices for community supervision 
24.18 	in Minnesota and opportunities for greater implementation of evidence-based practices.
24.19 		Subd. 2.Subject matter. (a) The policy team must review, assess, and make 
24.20 	specific recommendations with regard to the following areas:
24.21 	(1) implementation of evidence-based practices intended to reduce recidivism;
24.22 	(2) improvement of policies and practices for crime victims;
24.23 	(3) establishment of an earned compliance credit program;
24.24 	(4) performance measures for community supervision agencies;
24.25 	(5) potential performance incentives for community supervision agencies; and
24.26 	(6) any other topic related to evidence-based practices that the committee deems 
24.27 	appropriate for inclusion.
24.28 	(b) In assessing the topics listed in paragraph (a), the policy team must address 
24.29 	the following:
24.30 	(1) the extent to which evidence-based practices are currently used in Minnesota;
24.31 	(2) fiscal barriers to further implementation of evidence-based practices;
24.32 	(3) structural barriers to further implementation of evidence-based practices;
24.33 	(4) statutory barriers to further implementation of evidence-based practices;
25.1 	(5) potential solutions that address the identified barriers; and
25.2 	(6) any other factor that the committee deems necessary to fully assess the state 
25.3 	of evidence-based practices in Minnesota.
25.4 		Subd. 3.Report to legislature. The policy team shall report its findings 
25.5 	and recommendations to the chairs and ranking minority members of the house of 
25.6 	representatives and senate committees and divisions with jurisdiction over criminal justice 
25.7 	policy and funding by January 15, 2011.

25.8 	EFFECTIVE DATE. This section is effective July 1, 2009.

25.9 	Sec. 9.  REPEALER.
 25.10 	Minnesota Statutes 2008, sections 260B.199, subdivision 2; and 260B.201, 
25.11 	subdivision 3, are repealed.

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

25.13 	ARTICLE 5
25.14 	PUBLIC SAFETY

25.15 	Section 1. Minnesota Statutes 2008, section 12.03, is amended by adding a subdivision 
25.16 	to read:
25.17 		Subd. 9b.Specialized emergency response team. "Specialized emergency 
25.18 	response team" means a team that has been approved by the state director of the Division 
25.19 	of Homeland Security and Emergency Management for the purpose of supplementing 
25.20 	state or local resources for responding to an emergency or disaster.

25.21 	EFFECTIVE DATE. This section is effective August 1, 2009.

25.22 	Sec. 2. [12.351] SPECIALIZED EMERGENCY RESPONSE TEAM.
25.23 	The state director of the Division of Homeland Security and Emergency Management 
25.24 	shall determine if, in response to an emergency or disaster, activation of a specialized 
25.25 	emergency response team for deployment to any political subdivision is in the public 
25.26 	interest. If so, the state director may activate a team. When activated by the state director, 
25.27 	team members not employed by any political subdivision struck by the emergency or 
25.28 	disaster are deemed employees of the state for purposes of workers' compensation and tort 
25.29 	claim defense and indemnification. The provisions of chapter 176 and other applicable 
25.30 	statutes must be followed for purposes of calculating workers' compensation benefits.

25.31 	EFFECTIVE DATE. This section is effective August 1, 2009.

26.1 	Sec. 3. Minnesota Statutes 2008, section 152.02, subdivision 6, is amended to read:
26.2 		Subd. 6.Schedule V; restrictions on methamphetamine precursor drugs. (a) As 
26.3 	used in this subdivision, the following terms have the meanings given:
26.4 	(1) "methamphetamine precursor drug" means any compound, mixture, or 
26.5 	preparation intended for human consumption containing ephedrine or pseudoephedrine as 
26.6 	its sole active ingredient or as one of its active ingredients; and
26.7 	(2) "over-the-counter sale" means a retail sale of a drug or product but does not 
26.8 	include the sale of a drug or product pursuant to the terms of a valid prescription.
26.9 	(b) The following items are listed in Schedule V:
26.10 	(1) any compound, mixture, or preparation containing any of the following limited 
26.11 	quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal 
26.12 	ingredients in sufficient proportion to confer upon the compound, mixture or preparation 
26.13 	valuable medicinal qualities other than those possessed by the narcotic drug alone:
26.14 	(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 
26.15 	grams;
26.16 	(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 
26.17 	grams;
26.18 	(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms 
26.19 	of atropine sulfate per dosage unit; or
26.20 	(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per 
26.21 	100 grams; and
26.22 	(2) any compound, mixture, or preparation containing ephedrine or pseudoephedrine 
26.23 	as its sole active ingredient or as one of its active ingredients.
26.24 	(c) No person may sell in a single over-the-counter sale more than two packages of a 
26.25 	methamphetamine precursor drug or a combination of methamphetamine precursor drugs 
26.26 	or any combination of packages exceeding a total weight of six grams.
26.27 	(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
26.28 	(1) packages containing not more than a total of three grams of one or 
26.29 	more methamphetamine precursor drugs, calculated in terms of ephedrine base or 
26.30 	pseudoephedrine base; or
26.31 	(2) for nonliquid products, sales in blister packs, where each blister contains not 
26.32 	more than two dosage units, or, if the use of blister packs is not technically feasible, sales 
26.33 	in unit dose packets or pouches.
26.34 	(e) A business establishment that offers for sale methamphetamine precursor drugs 
26.35 	in an over-the-counter sale shall ensure that all packages of the drugs are displayed 
26.36 	behind a checkout counter where the public is not permitted and are offered for sale only 
27.1 	by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The 
27.2 	establishment shall ensure that the person making the sale requires the buyer:
27.3 	(1) to provide photographic identification showing the buyer's date of birth; and
27.4 	(2) to sign a written or electronic document detailing the date of the sale, the name 
27.5 	of the buyer, and the amount of the drug sold. 
27.6 	A document described under clause (2) must be retained by the establishment for 
27.7 	at least five years and must at all reasonable times be open to the inspection of any law 
27.8 	enforcement agency.
27.9 	Nothing in this paragraph requires the buyer to obtain a prescription for the drug's 
27.10 	purchase.
27.11 	(f) No person may acquire through over-the-counter sales more than six grams of 
27.12 	methamphetamine precursor drugs within a 30-day period.
27.13 	(g) No person may sell in an over-the-counter sale a methamphetamine precursor 
27.14 	drug to a person under the age of 18 years. It is an affirmative defense to a charge under 
27.15 	this paragraph if the defendant proves by a preponderance of the evidence that the 
27.16 	defendant reasonably and in good faith relied on proof of age as described in section 
27.17 	340A.503, subdivision 6.
27.18 	(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of 
27.19 	a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to 
27.20 	payment of a fine of not more than $1,000, or both.
27.21 	(i) An owner, operator, supervisor, or manager of a business establishment that 
27.22 	offers for sale methamphetamine precursor drugs whose employee or agent is convicted of 
27.23 	or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal 
27.24 	penalties for violating any of those paragraphs if the person:
27.25 	(1) did not have prior knowledge of, participate in, or direct the employee or agent to 
27.26 	commit the violation; and
27.27 	(2) documents that an employee training program was in place to provide the 
27.28 	employee or agent with information on the state and federal laws and regulations regarding 
27.29 	methamphetamine precursor drugs.
27.30 	(j) Any person employed by a business establishment that offers for sale 
27.31 	methamphetamine precursor drugs who sells such a drug to any person in a suspicious 
27.32 	transaction shall report the transaction to the owner, supervisor, or manager of the 
27.33 	establishment. The owner, supervisor, or manager may report the transaction to local law 
27.34 	enforcement. A person who reports information under this subdivision in good faith is 
27.35 	immune from civil liability relating to the report.
27.36 	(k) Paragraphs (b) to (j) do not apply to:
28.1 	(1) pediatric products labeled pursuant to federal regulation primarily intended for 
28.2 	administration to children under 12 years of age according to label instructions;
28.3 	(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as 
28.4 	being manufactured in a manner that prevents the drug from being used to manufacture 
28.5 	methamphetamine;
28.6 	(3) methamphetamine precursor drugs in gel capsule or liquid form; or
28.7 	(4) compounds, mixtures, or preparations in powder form where pseudoephedrine 
28.8 	constitutes less than one percent of its total weight and is not its sole active ingredient.
28.9 	(l) The Board of Pharmacy, in consultation with the Department of Public Safety, 
28.10 	shall certify methamphetamine precursor drugs that meet the requirements of paragraph 
28.11 	(k), clause (2), and publish an annual listing of these drugs.
28.12 	(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy 
28.13 	pursuant to sections 151.42 to 151.51 and registered with and regulated by the United 
28.14 	States Drug Enforcement Administration are exempt from the methamphetamine precursor 
28.15 	drug storage requirements of this section.
28.16 	(n) This section preempts all local ordinances or regulations governing the sale 
28.17 	by a business establishment of over-the-counter products containing ephedrine or 
28.18 	pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.

28.19 	EFFECTIVE DATE. This section is effective August 1, 2009.

28.20 	Sec. 4. Minnesota Statutes 2008, section 152.02, subdivision 12, is amended to read:
28.21 		Subd. 12.Coordination of controlled substance regulation with federal law and 
28.22 	state statute. If any substance is designated, rescheduled, or deleted as a controlled 
28.23 	substance under federal law and notice thereof is given to the state Board of Pharmacy, the 
28.24 	state Board of Pharmacy shall similarly control the substance under this chapter, after the 
28.25 	expiration of 30 days from publication in the Federal Register of a final order designating 
28.26 	a substance as a controlled substance or rescheduling or deleting a substance. Such order 
28.27 	shall be filed with the secretary of state. If within that 30-day period, the state Board of 
28.28 	Pharmacy objects to inclusion, rescheduling, or deletion, it shall publish the reasons for 
28.29 	objection and afford all interested parties an opportunity to be heard. At the conclusion of 
28.30 	the hearing, the state Board of Pharmacy shall publish its decision, which shall be subject 
28.31 	to the provisions of chapter 14.
28.32 	In exercising the authority granted by this chapter, the state Board of Pharmacy shall 
28.33 	be subject to the provisions of chapter 14. The state Board of Pharmacy shall provide 
28.34 	copies of any proposed rule under this chapter to the advisory council on controlled 
28.35 	substances at least 30 days prior to any hearing required by section 14.14, subdivision 1. 
29.1 	The state Board of Pharmacy shall consider the recommendations of the advisory council 
29.2 	on controlled substances, which may be made prior to or at the hearing.
29.3 	The state Board of Pharmacy shall annually submit a report to the legislature on or 
29.4 	before December 1 that specifies what changes the board made to the controlled substance 
29.5 	schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in 
29.6 	the preceding 12 months. The report must include specific recommendations for amending 
29.7 	the controlled substance schedules contained in subdivisions 2 to 6, so that they conform 
29.8 	with the controlled substance schedules maintained by the board in Minnesota Rules, 
29.9 	parts 6800.4210 to 6800.4250.

29.10 	EFFECTIVE DATE. This section is effective August 1, 2009.

29.11 	Sec. 5. Minnesota Statutes 2008, section 299A.681, is amended to read:
29.12 	299A.681 FINANCIAL CRIMES OVERSIGHT COUNCILADVISORY 
29.13 	BOARD AND TASK FORCE.
29.14 		Subdivision 1.Oversight council Advisory board. The Minnesota Financial 
29.15 	Crimes Oversight CouncilAdvisory Board shall provide guidanceadvice to the 
29.16 	commissioner of public safety related to the investigation and prosecution of identity 
29.17 	theft and financial crime.
29.18 		Subd. 2.Membership. The oversight counciladvisory board consists of the 
29.19 	following individuals, or their designees:
29.20 	(1) the commissioner of public safety;
29.21 	(2) the attorney general;
29.22 	(3) two chiefs of police, selected by the Minnesota Chiefs of Police Association 
29.23 	from police departments that participate in the Minnesota Financial Crimes Task Force;
29.24 	(4) two sheriffs, selected by the Minnesota Sheriffs Association from sheriff 
29.25 	departments that participate in the task force;
29.26 	(5) the United States attorney for the district of Minnesota;
29.27 	(6) a county attorney, selected by the Minnesota County Attorneys Association;
29.28 	(7) a representative from the United States Postal Inspector's Office, selected by the 
29.29 	oversight council;
29.30 	(8) a representative from a not-for-profit retail merchants industry, selected by the 
29.31 	oversight council;
29.32 	(9) a representative from a not-for-profit banking and credit union industry, selected 
29.33 	by the oversight council;
30.1 	(10) a representative from a not-for-profit association representing senior citizens, 
30.2 	selected by the oversight council;
30.3 	(7) a representative from the Board of Public Defense, selected by that board;
30.4 	(8) a representative from a federal law enforcement agency, selected by the advisory 
30.5 	board;
30.6 	(9) a representative from the retail merchants industry, selected by the advisory 
30.7 	board;
30.8 	(10) a representative from the banking and credit union industry, selected by the 
30.9 	advisory board;
30.10 	(11) a representative on behalf of senior citizens, selected by the advisory board;
30.11 	(11) (12) the statewide commander of the task force;
30.12 	(12) a representative from the Board of Public Defense, selected by the board; 
30.13 	(13) two additional members selected by the oversight council advisory board;
30.14 	(14) a senator who serves on the committee having jurisdiction over criminal justice 
30.15 	policy, chosen by the Subcommittee on Committees of the senate Committee on Rules 
30.16 	and Administration; and
30.17 	(15) a representative who serves on the committee having jurisdiction over criminal 
30.18 	justice policy, chosen by the speaker of the house.
30.19 	The oversight council advisory board may adopt procedures to govern its conduct and 
30.20 	shall select a chair from among its members. The legislative members of the council
30.21 	advisory board may not vote on matters before the council board.
30.22 		Subd. 3.Duties. The oversight council shall develop advisory board shall offer 
30.23 	advice to the commissioner on the development of an overall strategy to ameliorate the 
30.24 	harm caused to the public by identity theft and financial crime within Minnesota. The 
30.25 	strategy may include the development of protocols and procedures to investigate financial 
30.26 	crimes and a structure for best addressing these issues on a statewide basis and in a 
30.27 	multijurisdictional manner. Additionally, the oversight council The commissioner shall:
30.28 	(1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force 
30.29 	to investigate major financial crimes;
30.30 	(2) with advice from the advisory board, select a statewide commander of the task 
30.31 	force who serves at the pleasure of the oversight council commissioner;
30.32 	(3) assist the Department of Public Safety in developing develop an objective grant 
30.33 	review application process that is free from conflicts of interest;
30.34 	(4) make funding recommendations to the commissioner of public safety on with 
30.35 	advice from the advisory board, issue grants to support efforts to combat identity theft 
30.36 	and financial crime;
31.1 	(5) with advice from the advisory board, assist law enforcement agencies and victims 
31.2 	in developing a process to collect and share information to improve the investigation and 
31.3 	prosecution of identity theft and financial crime;
31.4 	(6) with advice from the advisory board, develop and approve an operational budget 
31.5 	for the office of the statewide commander and the oversight council Minnesota Financial 
31.6 	Crimes Task Force; and
31.7 	(7) enter into any contracts necessary to establish and maintain a relationship with 
31.8 	retailers, financial institutions, and other businesses to deal effectively with identity theft 
31.9 	and financial crime.
31.10 	The task force described in clause (1) may consist of members from local law enforcement 
31.11 	agencies, federal law enforcement agencies, state and federal prosecutors' offices, the 
31.12 	Board of Public Defense, and representatives from elderly victims, retail businesses, 
31.13 	financial institutions, and not-for-profit organizations.
31.14 		Subd. 4.Statewide commander. (a) The Minnesota Financial Crimes Task Force 
31.15 	commander under Minnesota Statutes 2004, section 299A.68, shall oversee the transition 
31.16 	of that task force into the task force described in subdivision 3 and remain in place as its 
31.17 	commander until July 1, 2008. On that date, The commissioner of public safety shall 
31.18 	appoint as a statewide commander the individual selected by the oversight council under 
31.19 	subdivision 3.
31.20 	(b) The commander shall:
31.21 	(1) coordinate and monitor all multijurisdictional identity theft and financial crime 
31.22 	enforcement activities;
31.23 	(2) facilitate local efforts and ensure statewide coordination with efforts to combat 
31.24 	identity theft and financial crime;
31.25 	(3) facilitate training for law enforcement and other personnel;
31.26 	(4) monitor compliance with investigative protocols;
31.27 	(5) implement an outcome evaluation and data quality control process;
31.28 	(6) be responsible for the selection and for cause removal of assigned task force 
31.29 	investigators who are designated participants under a memorandum of understanding or 
31.30 	who receive grant funding;
31.31 	(7) provide supervision of assigned task force investigators;
31.32 	(8) submit a task force operational budget to the oversight council commissioner of 
31.33 	public safety for approval; and
31.34 	(9) submit quarterly task force activity reports to the oversight council advisory 
31.35 	board.
32.1 		Subd. 5.Participating officers; employment status. All law enforcement officers 
32.2 	selected to participate in the task force must be licensed peace officers as defined in section 
32.3 	626.84, subdivision 1, or qualified federal law enforcement officers as defined in section 
32.4 	626.8453. Participating officers remain employees of the same entity that employed them 
32.5 	before joining any multijurisdictional entity established under this section. Participating 
32.6 	officers are not employees of the state.
32.7 		Subd. 6.Jurisdiction and powers. Law enforcement officers participating in any 
32.8 	multijurisdictional entity established under this section have statewide jurisdiction to 
32.9 	conduct criminal investigations and have the same powers of arrest as those possessed 
32.10 	by a sheriff. The task force shall retain from its predecessor the assigned originating 
32.11 	reporting number for case reporting purposes.
32.12 		Subd. 7.Grants authorized. The commissioner of public safety, upon 
32.13 	recommendation of the oversight council with advice from the advisory board, shall 
32.14 	make grants to state and local units of government to combat identity theft and financial 
32.15 	crime. The commander, as funding permits, may prepare a budget to establish four 
32.16 	regional districts and funding grant allocations programs outside the counties of Hennepin, 
32.17 	Ramsey, Anoka, Washington, and Dakota. The budget must be reviewed and approved by 
32.18 	the oversight council and recommended to the commissioner to support these efforts.
32.19 		Subd. 8.Victims assistance program. (a) The oversight council commissioner
32.20 	may establish a victims' assistance program to assist victims of economic crimes and 
32.21 	provide prevention and awareness programs. The oversight council commissioner may 
32.22 	retain the services of not-for-profit organizations to assist in the development and delivery 
32.23 	systems in aiding victims of financial crime. The program may not provide any financial 
32.24 	assistance to victims, but may assist victims in obtaining police assistance and advise 
32.25 	victims in how to protect personal accounts and identities. Services may include a victim 
32.26 	toll-free telephone number, fax number, Web site, Monday through Friday telephone 
32.27 	service, e-mail response, and interfaces to other helpful Web sites. Victims' information 
32.28 	compiled are governed under chapter 13.
32.29 	(b) The oversight council commissioner may post or communicate through public 
32.30 	service announcements in newspapers, radio, television, cable access, billboards, Internet, 
32.31 	Web sites, and other normal advertising channels, a financial reward of up to $2,000 for 
32.32 	tips leading to the apprehension and successful prosecution of individuals committing 
32.33 	economic crime. All rewards must meet the oversight council's standards be approved by 
32.34 	the commissioner. The release of funds must be made to an individual whose information 
32.35 	leads to the apprehension and prosecution of offenders committing economic or financial 
32.36 	crimes against citizens or businesses in Minnesota. All rewards paid to an individual must 
33.1 	be reported to the Department of Revenue along with the individual's Social Security 
33.2 	number.
33.3 		Subd. 9.Oversight council Advisory board and task force are permanent.
 33.4 	Notwithstanding section 15.059, this section does not expire.
33.5 		Subd. 10.Funding. The oversight council commissioner may accept lawful grants 
33.6 	and in-kind contributions from any federal, state, or local source or legal business or 
33.7 	individual not funded by this section for general operation support, including personnel 
33.8 	costs. These grants or in-kind contributions are not to be directed toward the case of a 
33.9 	particular victim or business. The oversight council's task force's fiscal agent shall handle 
33.10 	all funds approved by the oversight council commissioner, including in-kind contributions.
33.11 		Subd. 11.Forfeiture. Property seized by the task force is subject to forfeiture 
33.12 	pursuant to sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be 
33.13 	established. The council task force shall receive the proceeds from the sale of all property 
33.14 	properly seized and forfeited.
33.15 		Subd. 12.Transfer equipment from current task force. All equipment possessed 
33.16 	by the task force described in Minnesota Statutes 2004, section 299A.68, is transferred to 
33.17 	the oversight council for use by the task force described in this section.
33.18 		Subd. 13.Report required. By February 1 of each year, the oversight council
33.19 	commissioner shall report to the chairs and ranking minority members of the senate and 
33.20 	house of representatives committees and divisions having jurisdiction over criminal 
33.21 	justice policy and funding on the activities of the council and task force. At a minimum, 
33.22 	this annual report must include:
33.23 	(1) a description of the council's and task force's goals for the previous year and 
33.24 	for the coming year;
33.25 	(2) a description of the outcomes the council and task force achieved or did not 
33.26 	achieve during the preceding year and a description of the outcomes they will seek to 
33.27 	achieve during the coming year;
33.28 	(3) any legislative recommendations the council or task force advisory board or 
33.29 	commissioner has including, where necessary, a description of the specific legislation 
33.30 	needed to implement the recommendations;
33.31 	(4) a detailed accounting of how appropriated money, grants, and in-kind 
33.32 	contributions were spent; and 
33.33 	(5) a detailed accounting of the grants awarded under this section.

33.34 	EFFECTIVE DATE. This section is effective July 1, 2009.

33.35 	Sec. 6. Minnesota Statutes 2008, section 299C.40, subdivision 2, is amended to read:
34.1 		Subd. 2.Purpose. CIBRS is a statewide system containing data from law 
34.2 	enforcement agencies. Data in CIBRS must be made available to law enforcement 
34.3 	agencies in order to:
34.4 	(1) prepare a case against a person, whether known or unknown, for the commission 
34.5 	of a crime or other offense for which the agency has investigative authority, or for 
34.6 	purposes of;
34.7 	(2) serve process in a criminal case;
34.8 	(3) inform law enforcement officers of possible safety issues prior to service of 
34.9 	process;
34.10 	(4) enforce no contact orders;
34.11 	(5) locate missing persons; or
34.12 	(6) conduct background investigations required by section 626.87.

34.13 	EFFECTIVE DATE. This section is effective July 1, 2009.

34.14 	Sec. 7. [325F.135] UNSAFE RECALLED TOYS; PROHIBITION ON SALE.
34.15 	(a) No commercial retailer shall sell in this state a toy that the commercial retailer 
34.16 	knows at the time of the sale has been recalled for any safety-related reason by an agency 
34.17 	of the federal government or by the toy's manufacturer, wholesaler, distributor, or importer.
34.18 	(b) For purposes of this section, "toy" means an item designed primarily for the 
34.19 	purpose of play activity by children under the age of 12 years and "recalled" excludes 
34.20 	corrective actions that involve safety alerts, parts replacement, or consumer repairs.
34.21 	(c) This section shall be enforced under sections 325F.14 to 325F.16.

34.22 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
34.23 	violations occurring on or after that date.

34.24 	Sec. 8. Minnesota Statutes 2008, section 343.31, subdivision 1, is amended to read:
34.25 		Subdivision 1.Penalty for animal fighting; attending animal fight. (a) Whoever 
34.26 	does any of the following is guilty of a felony:
34.27 	(1) promotes, engages in, or is employed in the activity of cockfighting, dogfighting, 
34.28 	or violent pitting of one pet or companion animal as defined in section 346.36 , subdivision 
34.29 	6, against another of the same or a different kind;
34.30 	(2) receives money for the admission of a person to a place used, or about to be 
34.31 	used, for that activity;
34.32 	(3) willfully permits a person to enter or use for that activity premises of which the 
34.33 	permitter is the owner, agent, or occupant; or
35.1 	(4) uses, trains, or possesses a dog or other animal for the purpose of participating 
35.2 	in, engaging in, or promoting that activity.
35.3 	(b) Whoever purchases a ticket of admission or otherwise gains admission to the 
35.4 	activity of cockfighting, dogfighting, or violent pitting of one pet or companion animal as 
35.5 	defined in section 346.36, subdivision 6, against another of the same or a different kind is 
35.6 	guilty of a gross misdemeanor.
35.7 	(c) Whoever possesses any device or substance with intent to use or permit the use 
35.8 	of the same to enhance an animal's ability to fight is guilty of a gross misdemeanor.
35.9 	(c) (d) This subdivision shall not apply to the taking of a wild animal by hunting.

35.10 	Sec. 9. [364.021] PUBLIC EMPLOYMENT; CONSIDERATION OF CRIMINAL 
35.11 	RECORDS.
35.12 	(a) A public employer may not inquire into or consider the criminal record or 
35.13 	criminal history of an applicant for public employment until the applicant has been 
35.14 	selected for an interview by the employer.
35.15 	(b) This section does not apply to the Department of Corrections or to public 
35.16 	employers who have a statutory duty to conduct a criminal history background check 
35.17 	or otherwise take into consideration a potential employee's criminal history during the 
35.18 	hiring process.
35.19 	(c) This section does not prohibit a public employer from notifying applicants that 
35.20 	law or the employer's policy will disqualify an individual with a particular criminal history 
35.21 	background from employment in particular positions.

35.22 	Sec. 10. Minnesota Statutes 2008, section 471.59, is amended by adding a subdivision 
35.23 	to read:
35.24 		Subd. 12a.Joint exercise of police power; employees. If an agreement, 
35.25 	merger, or consolidation authorizes the exercise of peace officer or police powers by an 
35.26 	officer appointed by one of the governmental units within the jurisdiction of the other 
35.27 	governmental unit, a peace officer or public safety dispatcher, working pursuant to or as a 
35.28 	result of that agreement, merger, or consolidation, must receive credit for accumulated 
35.29 	vacation and sick leave time earned within the governmental unit employing the peace 
35.30 	officer or public safety dispatcher immediately preceding the agreement, merger, or 
35.31 	consolidation. If a peace officer or public safety dispatcher working pursuant to an 
35.32 	agreement, merger, or consolidation becomes employed by the new entity, that peace 
35.33 	officer or public safety dispatcher is considered to have begun employment with the new 
35.34 	entity on the first day of employment by the governmental unit employing the peace 
36.1 	officer or public safety dispatcher immediately preceding the creation of the new entity 
36.2 	and must be credited with all previously accumulated vacation and sick leave time.

36.3 	EFFECTIVE DATE. This section is effective July 1, 2009.

36.4 	Sec. 11. Minnesota Statutes 2008, section 609.2231, is amended by adding a 
36.5 	subdivision to read:
36.6 		Subd. 8.Public utility employees and contractors. (a) A person is guilty of a 
36.7 	gross misdemeanor who:
36.8 	(1) assaults an employee or contractor of a utility while the employee or contractor 
36.9 	is engaged in the performance of the employee's or contractor's duties;
36.10 	(2) knows that the victim is a utility employee or contractor (i) performing duties of 
36.11 	the victim's employment or (ii) fulfilling the victim's contractual obligations; and
36.12 	(3) inflicts demonstrable bodily harm.
36.13 	(b) As used in this subdivision, "utility" has the meaning given it in section 609.594, 
36.14 	subdivision 1, clause (3).

36.15 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to crimes 
36.16 	committed on or after that date.

36.17 	Sec. 12. Minnesota Statutes 2008, section 609.605, subdivision 1, is amended to read:
36.18 		Subdivision 1.Misdemeanor. (a) The following terms have the meanings given 
36.19 	them for purposes of this section.
36.20 	(1) "Premises" means real property and any appurtenant building or structure.
36.21 	(2) "Dwelling" means the building or part of a building used by an individual as a 
36.22 	place of residence on either a full-time or a part-time basis. A dwelling may be part of a 
36.23 	multidwelling or multipurpose building, or a manufactured home as defined in section 
36.24 	168.002, subdivision 16.
36.25 	(3) "Construction site" means the site of the construction, alteration, painting, or 
36.26 	repair of a building or structure.
36.27 	(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the 
36.28 	person on whose behalf a building or dwelling is being constructed, altered, painted, or 
36.29 	repaired and the general contractor or subcontractor engaged in that work.
36.30 	(5) "Posted," as used:
36.31 	(i) in paragraph (b), clause (9), means the placement of a sign at least 11 inches 
36.32 	square in a conspicuous place on the exterior of the building that is under construction, 
36.33 	alteration, or repair, and additional signs in at least two conspicuous places for each ten 
37.1 	acres being protected. The sign must carry an appropriate notice and the name of the 
37.2 	person giving the notice, followed by the word "owner" if the person giving the notice 
37.3 	is the holder of legal title to the land on which the construction site is located or by the 
37.4 	word "occupant" if the person giving the notice is not the holder of legal title but is a 
37.5 	lawful occupant of the land; and
37.6 	(ii) in paragraph (b), clause (10), means the placement of signs that:
37.7 	(A) state "no trespassing" or similar terms;
37.8 	(B) display letters at least two inches high;
37.9 	(C) state that Minnesota law prohibits trespassing on the property; and
37.10 	(D) are posted in a conspicuous place and at intervals of 500 feet or less.
37.11 	(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative 
37.12 	of a building trades labor or management organization.
37.13 	(7) "Building" has the meaning given in section 609.581, subdivision 2.
37.14 	(b) A person is guilty of a misdemeanor if the person intentionally:
37.15 	(1) permits domestic animals or fowls under the actor's control to go on the land 
37.16 	of another within a city;
37.17 	(2) interferes unlawfully with a monument, sign, or pointer erected or marked to 
37.18 	designate a point of a boundary, line or a political subdivision, or of a tract of land;
37.19 	(3) trespasses on the premises of another and, without claim of right, refuses to 
37.20 	depart from the premises on demand of the lawful possessor;
37.21 	(4) occupies or enters the dwelling or locked or posted building of another, without 
37.22 	claim of right or consent of the owner or the consent of one who has the right to give 
37.23 	consent, except in an emergency situation;
37.24 	(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or 
37.25 	vegetables growing on the premises, without the permission of the owner or occupant;
37.26 	(6) enters or is found on the premises of a public or private cemetery without 
37.27 	authorization during hours the cemetery is posted as closed to the public;
37.28 	(7) returns to the property of another with the intent to abuse, disturb, or cause 
37.29 	distress in or threaten another, after being told to leave the property and not to return, if the 
37.30 	actor is without claim of right to the property or consent of one with authority to consent;
37.31 	(8) returns to the property of another within one year after being told to leave the 
37.32 	property and not to return, if the actor is without claim of right to the property or consent 
37.33 	of one with authority to consent;
37.34 	(9) enters the locked or posted construction site of another without the consent of the 
37.35 	owner or lawful possessor, unless the person is a business licensee; or
38.1 	(10) enters the locked or posted aggregate mining site of another without the consent 
38.2 	of the owner or lawful possessor, unless the person is a business licensee.; or
38.3 	(11) crosses into or enters any public or private area lawfully cordoned off by or at 
38.4 	the direction of a peace officer engaged in the performance of official duties. As used in 
38.5 	this clause: (i) an area may be "cordoned off" through the use of tape, barriers, or other 
38.6 	means conspicuously placed and identifying the area as being restricted by the police; 
38.7 	and (ii) "peace officer" has the meaning given in section 626.84, subdivision 1. It is an 
38.8 	affirmative defense to a charge under this clause that a peace officer permitted entry into 
38.9 	the restricted area.

38.10 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to crimes 
38.11 	committed on or after that date.

38.12 	Sec. 13. Minnesota Statutes 2008, section 626.843, subdivision 1, is amended to read:
38.13 		Subdivision 1.Rules required. The board shall adopt rules with respect to:
38.14 	(1) the certification of peace officer training schools, programs, or courses including 
38.15 	training schools for the Minnesota State Patrol. Such schools, programs and courses 
38.16 	shall include those administered by the state, county, school district, municipality, or 
38.17 	joint or contractual combinations thereof, and shall include preparatory instruction in 
38.18 	law enforcement and minimum basic training courses postsecondary schools to provide 
38.19 	programs of professional peace officer education;
38.20 	(2) minimum courses of study, attendance requirements, and equipment and facilities 
38.21 	to be required at each certified peace officers training school located within the state;
38.22 	(3) minimum qualifications for coordinators and instructors at certified peace officer 
38.23 	training schools offering a program of professional peace officer education located within 
38.24 	this state;
38.25 	(4) minimum standards of physical, mental, and educational fitness which shall 
38.26 	govern the recruitmentadmission to professional peace officer education programs and 
38.27 	the licensing of peace officers within the state, by any state, county, municipality, or joint 
38.28 	or contractual combination thereof, including members of the Minnesota State Patrol;
38.29 	(5) board-approved continuing education courses that ensure professional 
38.30 	competence of peace officers and part-time peace officers;
38.31 	(6) minimum standards of conduct which would affect the individual's performance 
38.32 	of duties as a peace officer. These standards shall be established and published. The 
38.33 	board shall review the minimum standards of conduct described in this clause for possible 
38.34 	modification in 1998 and every three years after that time;
39.1 	(6) minimum basic training which peace officers appointed to temporary or 
39.2 	probationary terms shall complete before being eligible for permanent appointment, 
39.3 	and the time within which such basic training must be completed following any such 
39.4 	appointment to a temporary or probationary term;
39.5 	(7) minimum specialized training which part-time peace officers shall complete in 
39.6 	order to be eligible for continued employment as a part-time peace officer or permanent 
39.7 	employment as a peace officer, and the time within which the specialized training must 
39.8 	be completed;
39.9 	(8) content of minimum basic training courses required of graduates of certified law 
39.10 	enforcement training schools or programs. Such courses shall not duplicate the content 
39.11 	of certified academic or general background courses completed by a student but shall 
39.12 	concentrate on practical skills deemed essential for a peace officer. Successful completion 
39.13 	of such a course(7) a set of educational learning objectives that must be met within a 
39.14 	certified school's professional peace officer education program. These learning objectives 
39.15 	must concentrate on the knowledge, skills, and abilities deemed essential for a peace 
39.16 	officer. Education in these learning objectives shall be deemed satisfactionsatisfactory for 
39.17 	the completion of the minimum basic training requirement;
39.18 	(9) grading, reporting, attendance and other records, and certificates of attendance 
39.19 	or accomplishment;
39.20 	(10) the procedures to be followed by a part-time peace officer for notifying 
39.21 	the board of intent to pursue the specialized training for part-time peace officers who 
39.22 	desire to become peace officers pursuant to clause (7), and section 626.845, subdivision 
39.23 	1, clause (7); 
39.24 	(11)(8) the establishment and use by any political subdivision or state law 
39.25 	enforcement agency whichthat employs persons licensed by the board of procedures for 
39.26 	investigation and resolution of allegations of misconduct by persons licensed by the board. 
39.27 	The procedures shall be in writing and shall be established on or before October 1, 1984;
39.28 	(12)(9) the issues that must be considered by each political subdivision and state 
39.29 	law enforcement agency that employs persons licensed by the board in establishing 
39.30 	procedures under section 626.5532 to govern the conduct of peace officers who are in 
39.31 	pursuit of a vehicle being operated in violation of section 609.487, and requirements for 
39.32 	the training of peace officers in conducting pursuits. The adoption of specific procedures 
39.33 	and requirements is within the authority of the political subdivision or agency; 
39.34 	(13)(10) supervision of part-time peace officers and requirements for documentation 
39.35 	of hours worked by a part-time peace officer who is on active duty. These rules shall be 
39.36 	adopted by December 31, 1993;
40.1 	(14)(11) citizenship requirements for full-timepeace officers and part-time peace 
40.2 	officers;
40.3 	(15)(12) driver's license requirements for full-timepeace officers and part-time 
40.4 	peace officers; and
40.5 	(16)(13) such other matters as may be necessary consistent with sections 626.84 to 
40.6 	626.863. Rules promulgated by the attorney general with respect to these matters may be 
40.7 	continued in force by resolution of the board if the board finds the rules to be consistent 
40.8 	with sections 626.84 to 626.863. 

40.9 	EFFECTIVE DATE. This section is effective August 1, 2009.

40.10 	Sec. 14. Minnesota Statutes 2008, section 626.843, subdivision 3, is amended to read:
40.11 		Subd. 3.Board authority. The board may, in addition:
40.12 	(1) recommend studies, surveys, and reports to be made by the executive director 
40.13 	regarding the carrying out of the objectives and purposes of sections 626.841 to 626.863; 
40.14 	(2) visit and inspect any peace officer trainingcertified school approved by the 
40.15 	executive directorthat offers the professional peace officer education program or for 
40.16 	which application for such approvalcertification has been made;
40.17 	(3) make recommendations, from time to time, to the executive director, attorney 
40.18 	general, and the governor regarding the carrying out of the objectives and purposes of 
40.19 	sections 626.841 to 626.863; 
40.20 	(4) perform such other acts as may be necessary or appropriate to carry out the 
40.21 	powers and duties of the board as set forth inunder sections 626.841 to 626.863; and
40.22 	(5) cooperate with and receive financial assistance from and join in projects or 
40.23 	enter into contracts with the federal government or its agencies for the furtherance of 
40.24 	the purposes of Laws 1977, chapter 433.

40.25 	EFFECTIVE DATE. This section is effective August 1, 2009.

40.26 	Sec. 15. Minnesota Statutes 2008, section 626.845, subdivision 1, is amended to read:
40.27 		Subdivision 1.Powers and duties. The board shall have the following powers 
40.28 	and duties:
40.29 	(1) to certify peace officers' training schools or programs administered by state, 
40.30 	county and municipalities located within this state in whole or in part no later than 90 
40.31 	days after receipt of an application for certification. The reasons for noncertification of 
40.32 	any school or program or part thereof shall be transmitted to the school within 90 days 
40.33 	and shall contain a detailed explanation of the reasons for which the school or program 
41.1 	was disapproved and an explanation of what supporting material or other requirements 
41.2 	are necessary for the board to reconsider. Disapproval of a school or program shall 
41.3 	not preclude the reapplication for certification of the school or program postsecondary 
41.4 	schools to provide programs of professional peace officer education based on a set of 
41.5 	board-approved professional peace officer education learning objectives;
41.6 	(2) to issue certificates to postsecondary schools, and to revoke such certification 
41.7 	when necessary to maintain the objectives and purposes of sections 626.841 to 626.863; 
41.8 	(3) to certify, as qualified, instructors at peace officer training schools, and to issue 
41.9 	appropriate certificates to such instructors;
41.10 	(4)(3) to license peace officers who have satisfactorily completed certified 
41.11 	basic training programs,met the education and experience requirements and passed 
41.12 	examinations as required by the board;
41.13 	(4) to develop and administer licensing examinations based on the board's learning 
41.14 	objectives;
41.15 	(5) to cause studies and surveys to be made relating to the establishment, operation, 
41.16 	and approval of state, county, and municipal peace officer training schools;
41.17 	(6) (5) to consult and cooperate with state, county, and municipal peace officer 
41.18 	training schoolscontinuing education providers for the development of in-service training 
41.19 	programs for peace officers;
41.20 	(7)(6) to consult and cooperate with universities, colleges, and technical colleges
41.21 	postsecondary schools for the development of specialized courses of instruction and study 
41.22 	in the state for peace officers and part-time peace officers in police science and police 
41.23 	administration and improvement of professional peace officer education;
41.24 	(8)(7) to consult and cooperate with other departments and agencies of the state and 
41.25 	federal government concerned with peace officer standards and training;
41.26 	(9)(8) to perform such other acts as may be necessary and appropriate to carry out 
41.27 	the powers and duties as set forth in the provisions of sections 626.841 to 626.863; 
41.28 	(10) to coordinate the provision, on a regional basis, of skills oriented basic training 
41.29 	courses to graduates of certified law enforcement training schools or programs;
41.30 	(11)(9) to obtain criminal conviction data for persons seeking a license to be issued 
41.31 	or possessing a license issued by the board. The board shall have authority to obtain 
41.32 	criminal conviction data to the full extent that any other law enforcement agency, as that 
41.33 	term is defined by state or federal law, has to obtain the data;
41.34 	(12)(10) to prepare and transmit annually to the governor a report of its activities 
41.35 	with respect to allocation of moneysmoney appropriated to it for peace officers training, 
42.1 	including the name and address of each recipient of money for that purpose,and the 
42.2 	amount awarded, and the purpose of the award; and
42.3 	(13)(11) to assist and cooperate with any political subdivision or state law 
42.4 	enforcement agency whichthat employs persons licensed by the board to establish written 
42.5 	procedures for the investigation and resolution of allegations of misconduct of policies as 
42.6 	mandated by the state pertaining to persons licensed by the board, and to enforce licensing 
42.7 	sanctions for failure to implement such procedures these policies.
42.8 	In addition, the board may maintain data received from law enforcement agencies 
42.9 	under section 626.87, subdivision 5, provide the data to requesting law enforcement 
42.10 	agencies who are conducting background investigations, and maintain data on applicants 
42.11 	and licensees as part of peace officer license data. The data that may be maintained 
42.12 	include the name of the law enforcement agency conducting the investigation and data on 
42.13 	the candidate provided under section 626.87, subdivision 5, clauses (1) and (2). 

42.14 	EFFECTIVE DATE. This section is effective August 1, 2009.

42.15 	Sec. 16. Minnesota Statutes 2008, section 626.863, is amended to read:
42.16 	626.863 UNAUTHORIZED PRACTICE.
42.17 	(a) A person who is not a peace officer or part-time peace officer is guilty of a 
42.18 	misdemeanor if the person: (1) makes a representation of being a peace officer or part-time 
42.19 	peace officer, or (2) performs or attempts to perform an act, duty, or responsibility reserved 
42.20 	by law for licensed peace officers and part-time peace officers.
42.21 	(b) A peace officer who authorizes or knowingly allows a person to violate paragraph 
42.22 	(a) is guilty of a misdemeanor.
42.23 	(c) The board shall designate the appropriate law enforcement agency to investigate 
42.24 	violations of this section. The attorney general shall prosecute violations of this section.
42.25 	(d) A person who violates this section and who has previously been convicted of a 
42.26 	violation of this section is guilty of a gross misdemeanor.

42.27 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to crimes 
42.28 	committed on or after that date.

42.29 	Sec. 17. STATE BOARD OF PHARMACY; REPORT TO THE LEGISLATURE.
 42.30 	As part of the 2009 report to the legislature mandated by Minnesota Statutes, 
42.31 	section 152.02, subdivision 12, the state Board of Pharmacy shall specify all instances 
42.32 	where the controlled substance schedules contained in Minnesota Rules, parts 6800.4210 
43.1 	to 6800.4250, differ from the controlled substance schedules contained in Minnesota 
43.2 	Statutes, section 152.02, subdivisions 2 to 6.

43.3 	EFFECTIVE DATE. This section is effective August 1, 2009.

43.4 	ARTICLE 6
43.5 	EMERGENCY COMMUNICATIONS

43.6 	Section 1. Minnesota Statutes 2008, section 13.87, subdivision 1, is amended to read:
43.7 		Subdivision 1.Criminal history data. (a) Definition. For purposes of this 
43.8 	subdivision, "criminal history data" means all data maintained in criminal history 
43.9 	records compiled by the Bureau of Criminal Apprehension and disseminated through 
43.10 	the criminal justice information system, including, but not limited to fingerprints, 
43.11 	photographs, identification data, arrest data, prosecution data, criminal court data, custody 
43.12 	and supervision data. 
43.13 	(b)  Classification. Criminal history data maintained by agencies, political 
43.14 	subdivisions and statewide systems are classified as private, pursuant to section 13.02, 
43.15 	subdivision 12, except that data created, collected, or maintained by the Bureau of 
43.16 	Criminal Apprehension that identify an individual who was convicted of a crime, the 
43.17 	offense of which the individual was convicted, associated court disposition and sentence 
43.18 	information, controlling agency, and confinement information are public data for 15 years 
43.19 	following the discharge of the sentence imposed for the offense. If an individual's name 
43.20 	or other identifying information is erroneously associated with a criminal history and a 
43.21 	determination is made through a fingerprint verification that the individual is not the 
43.22 	subject of the criminal history, the name or other identifying information must be redacted 
43.23 	from the public criminal history data. The name and other identifying information must be 
43.24 	retained in the criminal history and are classified as private data.
43.25 	The Bureau of Criminal Apprehension shall provide to the public at the central office 
43.26 	of the bureau the ability to inspect in person, at no charge, through a computer monitor the 
43.27 	criminal conviction data classified as public under this subdivision.
43.28 	(c)  Limitation. Nothing in paragraph (a) or (b) shall limit public access to data 
43.29 	made public by section 13.82. 

43.30 	EFFECTIVE DATE. This section is effective August 1, 2009.

43.31 	Sec. 2. Minnesota Statutes 2008, section 122A.18, subdivision 8, is amended to read:
43.32 		Subd. 8.Background checks. (a) The Board of Teaching and the commissioner 
43.33 	of education must request a criminal history background check from the superintendent 
44.1 	of the Bureau of Criminal Apprehension on all applicants for initial licenses under their 
44.2 	jurisdiction. An application for a license under this section must be accompanied by:
44.3 	(1) an executed criminal history consent form, including fingerprints; and
44.4 	(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension 
44.5 	for the fee for conducting the criminal history background check.
44.6 	(b) The superintendent of the Bureau of Criminal Apprehension shall perform 
44.7 	the background check required under paragraph (a) by retrieving criminal history data 
44.8 	maintained in the criminal justice information system computersas defined in section 
44.9 	13.87 and shall also conduct a search of the national criminal records repository, including 
44.10 	the criminal justice data communications network. The superintendent is authorized to 
44.11 	exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal 
44.12 	history check. The superintendent shall recover the cost to the bureau of a background 
44.13 	check through the fee charged to the applicant under paragraph (a).
44.14 	(c) The Board of Teaching or the commissioner of education may issue a license 
44.15 	pending completion of a background check under this subdivision, but must notify 
44.16 	the individual that the individual's license may be revoked based on the result of the 
44.17 	background check.

44.18 	EFFECTIVE DATE. This section is effective August 1, 2009.

44.19 	Sec. 3. Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:
44.20 		Subdivision 1.Background check required. (a) A school hiring authority shall 
44.21 	request a criminal history background check from the superintendent of the Bureau of 
44.22 	Criminal Apprehension on all individuals who are offered employment in a school and 
44.23 	on all individuals, except enrolled student volunteers, who are offered the opportunity to 
44.24 	provide athletic coaching services or other extracurricular academic coaching services to a 
44.25 	school, regardless of whether any compensation is paid. In order for an individual to be 
44.26 	eligible for employment or to provide the services, the individual must provide an executed 
44.27 	criminal history consent form and a money order or check payable to either the Bureau of 
44.28 	Criminal Apprehension or the school hiring authority, at the discretion of the school hiring 
44.29 	authority, in an amount equal to the actual cost to the Bureau of Criminal Apprehension 
44.30 	and the school district of conducting the criminal history background check. A school 
44.31 	hiring authority deciding to receive payment may, at its discretion, accept payment in the 
44.32 	form of a negotiable instrument other than a money order or check and shall pay the 
44.33 	superintendent of the Bureau of Criminal Apprehension directly to conduct the background 
44.34 	check. The superintendent of the Bureau of Criminal Apprehension shall conduct the 
44.35 	background check by retrieving criminal history data maintained in the criminal justice 
45.1 	information system computers as defined in section 13.87. A school hiring authority, 
45.2 	at its discretion, may decide not to request a criminal history background check on an 
45.3 	individual who holds an initial entrance license issued by the State Board of Teaching or 
45.4 	the commissioner of education within the 12 months preceding an offer of employment.
45.5 	(b) A school hiring authority may use the results of a criminal background check 
45.6 	conducted at the request of another school hiring authority if:
45.7 	(1) the results of the criminal background check are on file with the other school 
45.8 	hiring authority or otherwise accessible;
45.9 	(2) the other school hiring authority conducted a criminal background check within 
45.10 	the previous 12 months;
45.11 	(3) the individual who is the subject of the criminal background check executes a 
45.12 	written consent form giving a school hiring authority access to the results of the check; and
45.13 	(4) there is no reason to believe that the individual has committed an act subsequent 
45.14 	to the check that would disqualify the individual for employment.
45.15 	(c) A school hiring authority may, at its discretion, request a criminal history 
45.16 	background check from the superintendent of the Bureau of Criminal Apprehension on 
45.17 	any individual who seeks to enter a school or its grounds for the purpose of serving as a 
45.18 	school volunteer or working as an independent contractor or student employee. In order 
45.19 	for an individual to enter a school or its grounds under this paragraph when the school 
45.20 	hiring authority decides to request a criminal history background check on the individual, 
45.21 	the individual first must provide an executed criminal history consent form and a money 
45.22 	order, check, or other negotiable instrument payable to the school district in an amount 
45.23 	equal to the actual cost to the Bureau of Criminal Apprehension and the school district 
45.24 	of conducting the criminal history background check. Notwithstanding section 299C.62, 
45.25 	subdivision 1, the cost of the criminal history background check under this paragraph is 
45.26 	the responsibility of the individual.
45.27 	(d) For all nonstate residents who are offered employment in a school, a school 
45.28 	hiring authority shall request a criminal history background check on such individuals 
45.29 	from the superintendent of the Bureau of Criminal Apprehension and from the government 
45.30 	agency performing the same function in the resident state or, if no government entity 
45.31 	performs the same function in the resident state, from the Federal Bureau of Investigation. 
45.32 	Such individuals must provide an executed criminal history consent form and a money 
45.33 	order, check, or other negotiable instrument payable to the school hiring authority in an 
45.34 	amount equal to the actual cost to the government agencies and the school district of 
45.35 	conducting the criminal history background check. Notwithstanding section 299C.62, 
46.1 	subdivision 1, the cost of the criminal history background check under this paragraph is 
46.2 	the responsibility of the individual.
46.3 	(e) At the beginning of each school year or when a student enrolls, a school hiring 
46.4 	authority must notify parents and guardians about the school hiring authority's policy 
46.5 	requiring a criminal history background check on employees and other individuals who 
46.6 	provide services to the school, and identify those positions subject to a background check 
46.7 	and the extent of the hiring authority's discretion in requiring a background check. The 
46.8 	school hiring authority may include the notice in the student handbook, a school policy 
46.9 	guide, or other similar communication. Nothing in this paragraph affects a school hiring 
46.10 	authority's ability to request a criminal history background check on an individual under 
46.11 	paragraph (c).

46.12 	EFFECTIVE DATE. This section is effective August 1, 2009.

46.13 	Sec. 4. Minnesota Statutes 2008, section 246.13, subdivision 2, is amended to read:
46.14 		Subd. 2.Definitions; risk assessment and management. (a) As used in this 
46.15 	section:
46.16 	(1) "appropriate and necessary medical and other records" includes patient medical 
46.17 	records and other protected health information as defined by Code of Federal Regulations, 
46.18 	title 45, section 164.501, relating to a patient in a state-operated services facility including, 
46.19 	but not limited to, the patient's treatment plan and abuse prevention plan that is pertinent 
46.20 	to the patient's ongoing care, treatment, or placement in a community-based treatment 
46.21 	facility or a health care facility that is not operated by state-operated services, and 
46.22 	includes information describing the level of risk posed by a patient when the patient 
46.23 	enters the facility;
46.24 	(2) "community-based treatment" means the community support services listed in 
46.25 	section 253B.02, subdivision 4b;
46.26 	(3) "criminal history data" means those data maintained or used by the Departments 
46.27 	of Corrections and Public Safety and by the supervisory authorities listed in section 
46.28 	13.84, subdivision 1, that relate to an individual's criminal history or propensity for 
46.29 	violence, including data in the Corrections Offender Management System (COMS) and 
46.30 	Statewide Supervision System (S3) maintained by the Department of Corrections; the 
46.31 	Criminal Justice Information System (CJIS) criminal history data as defined in section 
46.32 	13.87, integrated search service as defined in section 13.873, and the Predatory Offender 
46.33 	Registration (POR) system maintained by the Department of Public Safety; and the 
46.34 	CriMNet system;
46.35 	(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;
47.1 	(5) "law enforcement agency" means the law enforcement agency having primary 
47.2 	jurisdiction over the location where the offender expects to reside upon release;
47.3 	(6) "predatory offender" and "offender" mean a person who is required to register as 
47.4 	a predatory offender under section 243.166; and
47.5 	(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.
47.6 	(b) To promote public safety and for the purposes and subject to the requirements of 
47.7 	this paragraph, the commissioner or the commissioner's designee shall have access to, and 
47.8 	may review and disclose, medical and criminal history data as provided by this section, as 
47.9 	necessary to comply with Minnesota Rules, part 1205.0400:
47.10 	(1) to determine whether a patient is required under state law to register as a 
47.11 	predatory offender according to section 243.166;
47.12 	(2) to facilitate and expedite the responsibilities of the special review board and 
47.13 	end-of-confinement review committees by corrections institutions and state treatment 
47.14 	facilities;
47.15 	(3) to prepare, amend, or revise the abuse prevention plans required under section 
47.16 	626.557, subdivision 14, and individual patient treatment plans required under section 
47.17 	253B.03, subdivision 7;
47.18 	(4) to facilitate the custody, supervision, and transport of individuals transferred 
47.19 	between the Department of Corrections and the Department of Human Services; or
47.20 	(5) to effectively monitor and supervise individuals who are under the authority of 
47.21 	the Department of Corrections, the Department of Human Services, and the supervisory 
47.22 	authorities listed in section 13.84, subdivision 1.
47.23 	(c) The state-operated services treatment facility must make a good faith effort 
47.24 	to obtain written authorization from the patient before releasing information from the 
47.25 	patient's medical record.
47.26 	(d) If the patient refuses or is unable to give informed consent to authorize the 
47.27 	release of information required above, the chief executive officer for state-operated 
47.28 	services shall provide the appropriate and necessary medical and other records. The chief 
47.29 	executive officer shall comply with the minimum necessary requirements.
47.30 	(e) The commissioner may have access to the National Crime Information Center 
47.31 	(NCIC) database, through the Department of Public Safety, in support of the law 
47.32 	enforcement functions described in paragraph (b).

47.33 	EFFECTIVE DATE. This section is effective August 1, 2009.

47.34 	Sec. 5. Minnesota Statutes 2008, section 253B.141, subdivision 1, is amended to read:
48.1 		Subdivision 1.Report of absence. (a) If a patient committed under this chapter or 
48.2 	detained under a judicial hold is absent without authorization, and either: (1) does not 
48.3 	return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is 
48.4 	considered by the head of the treatment facility to be a danger to self or others, then the 
48.5 	head of the treatment facility shall report the absence to the local law enforcement agency. 
48.6 	The head of the treatment facility shall also notify the committing court that the patient is 
48.7 	absent and that the absence has been reported to the local law enforcement agency. The 
48.8 	committing court may issue an order directing the law enforcement agency to transport the 
48.9 	patient to an appropriate facility.
48.10 	(b) Upon receiving a report that a patient subject to this section is absent without 
48.11 	authorization, the local law enforcement agency shall enter information on the patient 
48.12 	through the criminal justice information system into the missing persons file of the 
48.13 	National Crime Information Center computer according to the missing persons practices.

48.14 	EFFECTIVE DATE. This section is effective August 1, 2009.

48.15 	Sec. 6. Minnesota Statutes 2008, section 299C.115, is amended to read:
48.16 	299C.115 WARRANT INFORMATION PROVIDED TO STATE.
48.17 	(a) By January 1, 1996, every county shall, in the manner provided in either clause 
48.18 	(1) or (2), make warrant information available to other users of the Minnesota criminal 
48.19 	justice information system criminal justice data communications network as defined 
48.20 	in section 299C.46:
48.21 	(1) the county shall enter the warrant information in the warrant file of the Minnesota 
48.22 	criminal justice information system maintained by the Bureau of Criminal Apprehension 
48.23 	in the Department of Public Safety; or
48.24 	(2) the county, at no charge to the state, shall make the warrant information that 
48.25 	is maintained in the county's computer accessible by means of a single query to the 
48.26 	Minnesota criminal justice information system made through the Bureau of Criminal 
48.27 	Apprehension in the Department of Public Safety.
48.28 	(b) As used in this section, "warrant information" means information on all 
48.29 	outstanding felony, gross misdemeanor, and misdemeanor warrants for adults and 
48.30 	juveniles that are issued within the county.

48.31 	EFFECTIVE DATE. This section is effective August 1, 2009.

48.32 	Sec. 7. Minnesota Statutes 2008, section 299C.40, subdivision 1, is amended to read:
49.1 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
49.2 	section.
49.3 	(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located 
49.4 	in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, 
49.5 	Criminal Justice Information Systems Section. A reference in this section to "CIBRS" 
49.6 	includes the Bureau of Criminal Apprehension.
49.7 	(c) "Law enforcement agency" means a Minnesota municipal police department, 
49.8 	the Metropolitan Transit Police, the Metropolitan Airports Police, the University of 
49.9 	Minnesota Police Department, the Department of Corrections Fugitive Apprehension 
49.10 	Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 
49.11 	the Minnesota State Patrol.

49.12 	EFFECTIVE DATE. This section is effective August 1, 2009.

49.13 	Sec. 8. Minnesota Statutes 2008, section 299C.46, subdivision 1, is amended to read:
49.14 		Subdivision 1.Establishment; interconnection. The commissioner of public 
49.15 	safety shall establish a criminal justice data communications network which will enable 
49.16 	the interconnection of the criminal justice agencies within the state into a unified criminal 
49.17 	justice information system. The commissioner of public safety is authorized to lease 
49.18 	or purchase facilities and equipment as may be necessary to establish and maintain the 
49.19 	data communications network.

49.20 	EFFECTIVE DATE. This section is effective August 1, 2009.

49.21 	Sec. 9. Minnesota Statutes 2008, section 299C.52, subdivision 1, is amended to read:
49.22 		Subdivision 1.Definitions. As used in sections 299C.52 to 299C.56, the following 
49.23 	terms have the meanings given them:  
49.24 	(a) "Child" means any person under the age of 18 years or any person certified or 
49.25 	known to be mentally incompetent.
49.26 	(b) "CJIS" means Minnesota criminal justice information system.
49.27 	(c) (b) "Missing" means the status of a child after a law enforcement agency that 
49.28 	has received a report of a missing child has conducted a preliminary investigation and 
49.29 	determined that the child cannot be located.
49.30 	(d) (c) "NCIC" means National Crime Information Center.
49.31 	(e) (d) "Endangered" means that a law enforcement official has received sufficient 
49.32 	evidence that the child is with a person who presents a threat of immediate physical injury 
49.33 	to the child or physical or sexual abuse of the child.

50.1 	EFFECTIVE DATE. This section is effective August 1, 2009.

50.2 	Sec. 10. Minnesota Statutes 2008, section 299C.52, subdivision 3, is amended to read:
50.3 		Subd. 3.Computer equipment and programs. The commissioner shall provide 
50.4 	the necessary computer hardware and computer programs to enter, modify, and cancel 
50.5 	information on missing children in the NCIC computer through the CJIS. These programs 
50.6 	must provide for search and retrieval of information using the following identifiers: 
50.7 	physical description, name and date of birth, name and Social Security number, name 
50.8 	and driver's license number, vehicle license number, and vehicle identification number. 
50.9 	The commissioner shall also provide a system for regional, statewide, multistate, and 
50.10 	nationwide broadcasts of information on missing children. These broadcasts shall be 
50.11 	made by local law enforcement agencies where possible or, in the case of statewide or 
50.12 	nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of the local 
50.13 	law enforcement agency.

50.14 	EFFECTIVE DATE. This section is effective August 1, 2009.

50.15 	Sec. 11. Minnesota Statutes 2008, section 299C.52, subdivision 4, is amended to read:
50.16 		Subd. 4.Authority to enter or retrieve information. Only law enforcement 
50.17 	agencies may enter missing child information through the CJIS into the NCIC computer or 
50.18 	retrieve information through the CJIS from the NCIC computer.

50.19 	EFFECTIVE DATE. This section is effective August 1, 2009.

50.20 	Sec. 12. Minnesota Statutes 2008, section 299C.53, subdivision 1, is amended to read:
50.21 		Subdivision 1.Investigation and entry of information. Upon receiving a report 
50.22 	of a child believed to be missing, a law enforcement agency shall conduct a preliminary 
50.23 	investigation to determine whether the child is missing. If the child is initially determined 
50.24 	to be missing and endangered, the agency shall immediately consult the Bureau of 
50.25 	Criminal Apprehension during the preliminary investigation, in recognition of the fact 
50.26 	that the first two hours are critical. If the child is determined to be missing, the agency 
50.27 	shall immediately enter identifying and descriptive information about the child through 
50.28 	the CJIS into the NCIC computer. Law enforcement agencies having direct access to the 
50.29 	CJIS and the NCIC computer shall enter and retrieve the data directly and shall cooperate 
50.30 	in the entry and retrieval of data on behalf of law enforcement agencies which do not 
50.31 	have direct access to the systems.

50.32 	EFFECTIVE DATE. This section is effective August 1, 2009.

51.1 	Sec. 13. Minnesota Statutes 2008, section 299C.62, subdivision 1, is amended to read:
51.2 		Subdivision 1.Generally. The superintendent shall develop procedures to enable a 
51.3 	children's service provider to request a background check to determine whether a children's 
51.4 	service worker is the subject of any reported conviction for a background check crime. 
51.5 	The superintendent shall perform the background check by retrieving and reviewing data 
51.6 	on background check crimes maintained in the CJIS computers. The superintendent is 
51.7 	authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes 
51.8 	of a criminal history check. The superintendent shall recover the cost of a background 
51.9 	check through a fee charged the children's service provider.

51.10 	EFFECTIVE DATE. This section is effective August 1, 2009.

51.11 	Sec. 14. Minnesota Statutes 2008, section 299C.65, subdivision 1, is amended to read:
51.12 		Subdivision 1.Membership, duties. (a) The Criminal and Juvenile Justice 
51.13 	Information Policy Group consists of the commissioner of corrections, the commissioner 
51.14 	of public safety, the state chief information officer, the commissioner of finance, four 
51.15 	members of the judicial branch appointed by the chief justice of the Supreme Court, 
51.16 	and the chair and first vice-chair of the Criminal and Juvenile Justice Information Task 
51.17 	Force. The policy group may appoint additional, nonvoting members as necessary from 
51.18 	time to time.
51.19 	(b) The commissioner of public safety is designated as the chair of the policy group. 
51.20 	The commissioner and the policy group have overall responsibility for the successful 
51.21 	completion integration of statewide criminal justice information system integration 
51.22 	(CriMNet) systems. This integration effort shall be known as CriMNet. The policy group 
51.23 	may hire an executive director to manage the CriMNet projects and to be responsible for 
51.24 	the day-to-day operations of CriMNet. The executive director shall serve at the pleasure 
51.25 	of the policy group in unclassified service. The policy group must ensure that generally 
51.26 	accepted project management techniques are utilized for each CriMNet project, including:
51.27 	(1) clear sponsorship;
51.28 	(2) scope management;
51.29 	(3) project planning, control, and execution;
51.30 	(4) continuous risk assessment and mitigation;
51.31 	(5) cost management;
51.32 	(6) quality management reviews;
51.33 	(7) communications management;
51.34 	(8) proven methodology; and
51.35 	(9) education and training.
52.1 	(c) Products and services for CriMNet project management, system design, 
52.2 	implementation, and application hosting must be acquired using an appropriate 
52.3 	procurement process, which includes:
52.4 	(1) a determination of required products and services;
52.5 	(2) a request for proposal development and identification of potential sources;
52.6 	(3) competitive bid solicitation, evaluation, and selection; and
52.7 	(4) contract administration and close-out.
52.8 	(d) The policy group shall study and make recommendations to the governor, the 
52.9 	Supreme Court, and the legislature on:
52.10 	(1) a framework for integrated criminal justice information systems, including the 
52.11 	development and maintenance of a community data model for state, county, and local 
52.12 	criminal justice information;
52.13 	(2) the responsibilities of each entity within the criminal and juvenile justice systems 
52.14 	concerning the collection, maintenance, dissemination, and sharing of criminal justice 
52.15 	information with one another;
52.16 	(3) actions necessary to ensure that information maintained in the criminal justice 
52.17 	information systems is accurate and up-to-date;
52.18 	(4) the development of an information system containing criminal justice 
52.19 	information on gross misdemeanor-level and felony-level juvenile offenders that is part of 
52.20 	the integrated criminal justice information system framework;
52.21 	(5) the development of an information system containing criminal justice 
52.22 	information on misdemeanor arrests, prosecutions, and convictions that is part of the 
52.23 	integrated criminal justice information system framework;
52.24 	(6) comprehensive training programs and requirements for all individuals in criminal 
52.25 	justice agencies to ensure the quality and accuracy of information in those systems;
52.26 	(7) continuing education requirements for individuals in criminal justice agencies 
52.27 	who are responsible for the collection, maintenance, dissemination, and sharing of 
52.28 	criminal justice data;
52.29 	(8) a periodic audit process to ensure the quality and accuracy of information 
52.30 	contained in the criminal justice information systems;
52.31 	(9) the equipment, training, and funding needs of the state and local agencies that 
52.32 	participate in the criminal justice information systems;
52.33 	(10) the impact of integrated criminal justice information systems on individual 
52.34 	privacy rights;
52.35 	(11) the impact of proposed legislation on the criminal justice system, including any 
52.36 	fiscal impact, need for training, changes in information systems, and changes in processes;
53.1 	(12) the collection of data on race and ethnicity in criminal justice information 
53.2 	systems;
53.3 	(13) the development of a tracking system for domestic abuse orders for protection;
53.4 	(14) processes for expungement, correction of inaccurate records, destruction of 
53.5 	records, and other matters relating to the privacy interests of individuals; and
53.6 	(15) the development of a database for extended jurisdiction juvenile records and 
53.7 	whether the records should be public or private and how long they should be retained.

53.8 	EFFECTIVE DATE. This section is effective August 1, 2009.

53.9 	Sec. 15. Minnesota Statutes 2008, section 299C.65, subdivision 5, is amended to read:
53.10 		Subd. 5.Review of funding and grant requests. (a) The Criminal and Juvenile 
53.11 	Justice Information Policy Group shall review the funding requests for criminal justice 
53.12 	information systems from state, county, and municipal government agencies. The 
53.13 	policy group shall review the requests for compatibility to statewide criminal justice 
53.14 	information system standards. The review shall be forwarded to the chairs and ranking 
53.15 	minority members of the house of representatives and senate committees and divisions 
53.16 	with jurisdiction over criminal justice funding and policy.
53.17 	(b) The CriMNet program office executive director, in consultation with the 
53.18 	Criminal and Juvenile Justice Information Task Force and with the approval of the policy 
53.19 	group, shall create the requirements for any grant request and determine the integration 
53.20 	priorities for the grant period. The CriMNet program office executive director shall also 
53.21 	review the requests submitted for compatibility to statewide criminal justice information 
53.22 	systems standards.
53.23 	(c) The task force shall review funding requests for criminal justice information 
53.24 	systems grants and make recommendations to the policy group. The policy group shall 
53.25 	review the recommendations of the task force and shall make a final recommendation 
53.26 	for criminal justice information systems grants to be made by the commissioner of 
53.27 	public safety. Within the limits of available state appropriations and federal grants, the 
53.28 	commissioner of public safety shall make grants for projects that have been recommended 
53.29 	by the policy group.
53.30 	(d) The policy group may approve grants only if the applicant provides an 
53.31 	appropriate share of matching funds as determined by the policy group to help pay up to 
53.32 	one-half of the costs of the grant request. The matching requirement must be constant for 
53.33 	all applicants within each grant offering. The policy group shall adopt policies concerning 
53.34 	the use of in-kind resources to satisfy the match requirement and the sources from which 
53.35 	matching funds may be obtained. Local operational or technology staffing costs may be 
54.1 	considered as meeting this match requirement. Each grant recipient shall certify to the 
54.2 	policy group that it has not reduced funds from local, county, federal, or other sources 
54.3 	which, in the absence of the grant, would have been made available to the grant recipient 
54.4 	to improve or integrate criminal justice technology.
54.5 	(e) All grant recipients shall submit to the CriMNet program office executive 
54.6 	director all requested documentation including grant status, financial reports, and a final 
54.7 	report evaluating how the grant funds improved the agency's criminal justice integration 
54.8 	priorities. The CriMNet program office executive director shall establish the recipient's 
54.9 	reporting dates at the time funds are awarded.

54.10 	EFFECTIVE DATE. This section is effective August 1, 2009.

54.11 	Sec. 16. Minnesota Statutes 2008, section 299C.68, subdivision 2, is amended to read:
54.12 		Subd. 2.Procedures. The superintendent shall develop procedures to enable an 
54.13 	owner to request a background check to determine whether a manager is the subject of 
54.14 	a reported conviction for a background check crime. The superintendent shall perform 
54.15 	the background check by retrieving and reviewing data on background check crimes 
54.16 	maintained in the CJIS computers. The superintendent shall notify the owner in writing 
54.17 	of the results of the background check. If the manager has resided in Minnesota for 
54.18 	less than ten years or upon request of the owner, the superintendent shall also either: 
54.19 	(1) conduct a search of the national criminal records repository, including the criminal 
54.20 	justice data communications network; or (2) conduct a search of the criminal justice data 
54.21 	communications network records in the state or states where the manager has resided 
54.22 	for the preceding ten years. The superintendent is authorized to exchange fingerprints 
54.23 	with the Federal Bureau of Investigation for purposes of the criminal history check. 
54.24 	The superintendent shall recover the cost of a background check through a fee charged 
54.25 	to the owner.

54.26 	EFFECTIVE DATE. This section is effective August 1, 2009.

54.27 	Sec. 17. Minnesota Statutes 2008, section 388.24, subdivision 4, is amended to read:
54.28 		Subd. 4.Reporting of data to criminal justice information system (CJIS)
54.29 	Bureau of Criminal Apprehension. Effective August 1, 1997, every county attorney who 
54.30 	establishes a diversion program under this section shall report the following information 
54.31 	to the Bureau of Criminal Apprehension:
54.32 	(1) the name and date of birth of each diversion program participant and any other 
54.33 	identifying information the superintendent considers necessary;
55.1 	(2) the date on which the individual began to participate in the diversion program;
55.2 	(3) the date on which the individual is expected to complete the diversion program;
55.3 	(4) the date on which the individual successfully completed the diversion program, 
55.4 	where applicable; and
55.5 	(5) the date on which the individual was removed from the diversion program for 
55.6 	failure to successfully complete the individual's goals, where applicable.
55.7 	The superintendent shall cause the information described in this subdivision to be 
55.8 	entered into and maintained in the criminal history file of the Minnesota Criminal Justice 
55.9 	Information System as defined in section 13.87.

55.10 	EFFECTIVE DATE. This section is effective August 1, 2009.

55.11 	Sec. 18. Minnesota Statutes 2008, section 401.065, subdivision 3a, is amended to read:
55.12 		Subd. 3a.Reporting of data to criminal justice information system (CJIS)
55.13 	Bureau of Criminal Apprehension. (a) Every county attorney who establishes a 
55.14 	diversion program under this section shall report the following information to the Bureau 
55.15 	of Criminal Apprehension:
55.16 	(1) the name and date of birth of each diversion program participant and any other 
55.17 	identifying information the superintendent considers necessary;
55.18 	(2) the date on which the individual began to participate in the diversion program;
55.19 	(3) the date on which the individual is expected to complete the diversion program;
55.20 	(4) the date on which the individual successfully completed the diversion program, 
55.21 	where applicable; and
55.22 	(5) the date on which the individual was removed from the diversion program for 
55.23 	failure to successfully complete the individual's goals, where applicable.
55.24 	The superintendent shall cause the information described in this subdivision to be 
55.25 	entered into and maintained in the criminal history file of the Minnesota criminal justice 
55.26 	information system as defined in section 13.87.
55.27 	(b) Effective August 1, 1997, the reporting requirements of this subdivision shall 
55.28 	apply to misdemeanor offenses.

55.29 	EFFECTIVE DATE. This section is effective August 1, 2009.

55.30 	Sec. 19. Minnesota Statutes 2008, section 403.36, is amended by adding a subdivision 
55.31 	to read:
56.1 		Subd. 1g.State Interoperability Executive Committee. (a) In addition to 
56.2 	responsibilities provided for in subdivision 1e, the Statewide Radio Board is designated as 
56.3 	Minnesota's State Interoperability Executive Committee.
56.4 	(b) As Minnesota's State Interoperability Executive Committee, the Statewide 
56.5 	Radio Board shall:
56.6 	(1) develop and maintain a statewide plan for local and private public safety 
56.7 	communications interoperability that integrates with the Minnesota emergency operation 
56.8 	plan;
56.9 	(2) develop and adopt guidelines and operational standards for local and private 
56.10 	public safety communications interoperability within Minnesota;
56.11 	(3) promote coordination and cooperation among local, state, federal, and 
56.12 	tribal public safety agencies in addressing statewide public safety communications 
56.13 	interoperability within Minnesota;
56.14 	(4) advise the commissioner of the Department of Public Safety on public safety 
56.15 	communications interoperability and on the allocation and use of funds made available to 
56.16 	Minnesota to support public safety communications interoperability;
56.17 	(5) to the extent permitted by federal law, Federal Communications Commission 
56.18 	regulations, and the National Telecommunications and Information Administration, 
56.19 	develop guidelines and standards for the efficient use of interoperability frequencies on all 
56.20 	frequency spectrums assigned to public safety users; and
56.21 	(6) to the extent permitted by federal law and treaties with Canada, develop 
56.22 	guidelines and standards that support interoperability with adjoining states and provinces 
56.23 	of Canada along Minnesota's northern border.

56.24 	EFFECTIVE DATE. This section is effective August 1, 2009.

56.25 	Sec. 20. Minnesota Statutes 2008, section 403.36, subdivision 2, is amended to read:
56.26 		Subd. 2.Plan contents. (a) The statewide, shared radio and communication system 
56.27 	project plan must include:
56.28 	(1) standards, guidelines, and comprehensive design for the system, including use 
56.29 	and integration of existing public and private communications infrastructure;
56.30 	(2) proposed project implementation schedule, phases, and estimated costs for each 
56.31 	phase of the plan;
56.32 	(3) recommended statutory changes required for effective implementation and 
56.33 	administration of the statewide, shared trunked radio and communication system; and
56.34 	(4) an interoperability committee to make recommendations on the statewide plan 
56.35 	for local and private public safety communications interoperability and on guidelines and 
57.1 	operational standards necessary to promote public safety communications interoperability 
57.2 	within Minnesota; and
57.3 	(4) (5) a policy for the lease of excess space or capacity on systems constructed under 
57.4 	the project plan, consistent with section 174.70, subdivision 2, with priority given first to 
57.5 	local units of government for public safety communication transmission needs and second 
57.6 	to any other communications transmission needs of either the public or private sector.
57.7 	(b) The Statewide Radio Board must ensure that generally accepted project 
57.8 	management techniques are utilized for each project or phase of the backbone of the 
57.9 	statewide, shared radio and communication system consistent with guidelines of the 
57.10 	Project Management Office of the Office of Enterprise Technology:
57.11 	(1) clear sponsorship;
57.12 	(2) scope management;
57.13 	(3) project planning, control, and execution;
57.14 	(4) continuous risk assessment and mitigation;
57.15 	(5) cost management;
57.16 	(6) quality management reviews;
57.17 	(7) communications management; and
57.18 	(8) proven methodology.

57.19 	EFFECTIVE DATE. This section is effective August 1, 2009.

57.20 	Sec. 21. Minnesota Statutes 2008, section 480.23, is amended to read:
57.21 	480.23 COMPUTER ACQUISITION BY COURTS.
57.22 	In order to facilitate the effective management and coordination of the Minnesota 
57.23 	courts system, an appropriate official of any court or of a local governmental unit in 
57.24 	providing services to any court, if authorized by the state court administrator and with the 
57.25 	concurrence of the contracting vendor, may acquire electronic data processing equipment 
57.26 	or services through an existing contract originated by the Supreme Court. The state court 
57.27 	administrator shall grant this authority only pursuant to the implementation of justice 
57.28 	information systems compatible with systems participating on the Minnesota Criminal 
57.29 	Justice Information Systems Communications Network administered by the Bureau of 
57.30 	Criminal Apprehension in the Department of Public Safety.

57.31 	EFFECTIVE DATE. This section is effective August 1, 2009.

57.32 	Sec. 22. Minnesota Statutes 2008, section 518.165, subdivision 5, is amended to read:
58.1 		Subd. 5.Procedure, criminal history, and maltreatment records background 
58.2 	study. (a) When the court requests a background study under subdivision 4, paragraph 
58.3 	(a), the request shall be submitted to the Department of Human Services through the 
58.4 	department's electronic online background study system.
58.5 	(b) When the court requests a search of the National Criminal Records Repository, 
58.6 	the court must provide a set of classifiable fingerprints of the subject of the study on a 
58.7 	fingerprint card provided by the commissioner of human services.
58.8 	(c) The commissioner of human services shall provide the court with information
58.9 	criminal history data as defined in section 13.87 from the Bureau of Criminal 
58.10 	Apprehension's Criminal Justice Information System Apprehension in the Department of 
58.11 	Public Safety, other criminal history data held by the commissioner of human services, 
58.12 	and data regarding substantiated maltreatment of a minor under section 626.556, and 
58.13 	substantiated maltreatment of a vulnerable adult under section 626.557, within 15 
58.14 	working days of receipt of a request. If the subject of the study has been determined by 
58.15 	the Department of Human Services or the Department of Health to be the perpetrator 
58.16 	of substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the 
58.17 	response must include a copy of the public portion of the investigation memorandum 
58.18 	under section 626.556, subdivision 10f, or the public portion of the investigation 
58.19 	memorandum under section 626.557, subdivision 12b. When the background study shows 
58.20 	that the subject has been determined by a county adult protection or child protection 
58.21 	agency to have been responsible for maltreatment, the court shall be informed of the 
58.22 	county, the date of the finding, and the nature of the maltreatment that was substantiated. 
58.23 	The commissioner shall provide the court with information from the National Criminal 
58.24 	Records Repository within three working days of the commissioner's receipt of the data. 
58.25 	When the commissioner finds no criminal history or substantiated maltreatment on a 
58.26 	background study subject, the commissioner shall make these results available to the court 
58.27 	electronically through the secure online background study system.
58.28 	(d) Notwithstanding section 626.556, subdivision 10f, or 626.557, subdivision 
58.29 	12b, if the commissioner or county lead agency has information that a person on whom 
58.30 	a background study was previously done under this section has been determined to be a 
58.31 	perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the county 
58.32 	may provide this information to the court that requested the background study.

58.33 	EFFECTIVE DATE. This section is effective August 1, 2009.

58.34 	Sec. 23. Minnesota Statutes 2008, section 524.5-118, subdivision 2, is amended to read:
59.1 		Subd. 2.Procedure; criminal history and maltreatment records background 
59.2 	check. (a) The court shall request the commissioner of human services to complete a 
59.3 	background study under section 245C.32. The request must be accompanied by the 
59.4 	applicable fee and the signed consent of the subject of the study authorizing the release of 
59.5 	the data obtained to the court. If the court is requesting a search of the National Criminal 
59.6 	Records Repository, the request must be accompanied by a set of classifiable fingerprints 
59.7 	of the subject of the study. The fingerprints must be recorded on a fingerprint card 
59.8 	provided by the commissioner of human services. 
59.9 	(b) The commissioner of human services shall provide the court with information
59.10 	criminal history data as defined in section 13.87 from the Bureau of Criminal 
59.11 	Apprehension's criminal justice information system Apprehension in the Department of 
59.12 	Public Safety, other criminal history data held by the commissioner of human services, 
59.13 	and data regarding substantiated maltreatment of vulnerable adults under section 626.557
59.14 	and substantiated maltreatment of minors under section 626.556 within 15 working days 
59.15 	of receipt of a request. If the subject of the study has been the perpetrator of substantiated 
59.16 	maltreatment of a vulnerable adult or minor, the response must include a copy of the 
59.17 	public portion of the investigation memorandum under section 626.557, subdivision 
59.18 	12b, or the public portion of the investigation memorandum under section 626.556, 
59.19 	subdivision 10f. If the court did not request a search of the National Criminal Records 
59.20 	Repository and information from the Bureau of Criminal Apprehension indicates that the 
59.21 	subject is a multistate offender or that multistate offender status is undetermined, the 
59.22 	response must include this information. The commissioner shall provide the court with 
59.23 	information from the National Criminal Records Repository within three working days 
59.24 	of the commissioner's receipt of the data. 
59.25 	(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f, if 
59.26 	the commissioner of human services or a county lead agency has information that a person 
59.27 	on whom a background study was previously done under this section has been determined 
59.28 	to be a perpetrator of maltreatment of a vulnerable adult or minor, the commissioner or the 
59.29 	county may provide this information to the court that requested the background study. The 
59.30 	commissioner may also provide the court with additional criminal history or substantiated 
59.31 	maltreatment information that becomes available after the background study is done. 

59.32 	EFFECTIVE DATE. This section is effective August 1, 2009.

59.33 	Sec. 24. Minnesota Statutes 2008, section 611.272, is amended to read:
59.34 	611.272 ACCESS TO GOVERNMENT DATA. 
60.1 	The district public defender, the state public defender, or an attorney working for 
60.2 	a public defense corporation under section 611.216 has access to the criminal justice 
60.3 	data communications network described in section 299C.46, as provided in this section. 
60.4 	Access to data under this section is limited to data necessary to prepare criminal cases in 
60.5 	which the public defender has been appointed as follows: 
60.6 	(1) access to data about witnesses in a criminal case shall be limited to records of 
60.7 	criminal convictions; and 
60.8 	(2) access to data regarding the public defender's own client which includes, but 
60.9 	is not limited to, criminal history data under section 13.87; juvenile offender data under 
60.10 	section 299C.095; warrant information data under section 299C.115; incarceration data 
60.11 	under section 299C.14; conditional release data under section 241.065; and diversion 
60.12 	program data under section 299C.46, subdivision 5. 
60.13 	The public defender has access to data under this section, whether accessed via CriMNet
60.14 	the integrated search service as defined in section 13.873 or other methods. The public 
60.15 	defender does not have access to law enforcement active investigative data under section 
60.16 	13.82, subdivision 7; data protected under section 13.82, subdivision 17; confidential 
60.17 	arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained 
60.18 	by a prosecuting attorney. The public defender has access to the data at no charge, except 
60.19 	for the monthly network access charge under section 299C.46, subdivision 3, paragraph 
60.20 	(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87, 
60.21 	subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the 
60.22 	contrary, there shall be no charge to public defenders for Internet access to the criminal 
60.23 	justice data communications network. 

60.24 	EFFECTIVE DATE. This section is effective August 1, 2009.

60.25 	Sec. 25. Minnesota Statutes 2008, section 628.69, subdivision 6, is amended to read:
60.26 		Subd. 6.Reporting of data to criminal justice information system (CJIS)
60.27 	Bureau of Criminal Apprehension. Every county attorney who has established a pretrial 
60.28 	diversion program under this section shall report the following information to the Bureau 
60.29 	of Criminal Apprehension:
60.30 	(1) the name and date of birth of each diversion program participant, and any other 
60.31 	identifying information the superintendent considers necessary;
60.32 	(2) the date on which the individual began to participate in the diversion program;
60.33 	(3) the date on which the individual is expected to complete the diversion program;
61.1 	(4) the date on which the individual successfully completed the diversion program, 
61.2 	where applicable; and
61.3 	(5) the date on which the individual was removed from the diversion program for 
61.4 	failure to successfully complete the individual's goals, where applicable.
61.5 	The superintendent shall cause the information described in this subdivision to be 
61.6 	entered into and maintained in the criminal history file of the Minnesota Criminal Justice 
61.7 	Information System as defined in section 13.87.

61.8 	EFFECTIVE DATE. This section is effective August 1, 2009.

61.9 	Sec. 26.  REPEALER.
 61.10 	Minnesota Statutes 2008, sections 299C.61, subdivision 8; 299C.67, subdivision 3; 
61.11 	and 403.36, subdivision 1f, are repealed.

61.12 	EFFECTIVE DATE. This section is effective August 1, 2009.