1.1 	A bill for an act
1.2 	relating to public safety; amending statutes to reflect organizational changes in 
1.3 	Bureau of Criminal Apprehension; changing the Financial Crimes Oversight 
1.4 	Council to an advisory board; clarifying authority of apprehension and detention 
1.5 	orders outside county that issued the order; specifying a retention time period for 
1.6 	methamphetamine precursor drug logs maintained by retailers and providing that 
1.7 	the logs are open to law enforcement inspection; expanding the solicitation of 
1.8 	children crime to more comprehensively include soliciting through the use of 
1.9 	newer technologies; authorizing arrest of a person who escapes from custody on 
1.10 	an allegation or adjudication of a delinquent act; addressing the consideration of 
1.11 	a job applicant's criminal history during the public employment hiring process; 
1.12 	providing an exception for an applicant excluded from a C occupational license 
1.13 	in horse racing; describing certain situations where aggravating factors could 
1.14 	result in deviation from the sentencing guidelines; creating pilot program for 
1.15 	driver's license reinstatement diversion for individuals charged with driving 
1.16 	without valid license; providing the Fourth Judicial District with fiscal flexibility 
1.17 	as to the location of court facilities; authorizing continuation of the existing 
1.18 	domestic fatality review team in the fourth judicial district and permitting all 
1.19 	judicial districts to create domestic fatality review teams; designating Statewide 
1.20 	Radio Board as Minnesota's State Interoperability Executive Committee; 
1.21 	expanding the time frame in which a peace officer can arrest a person who has 
1.22 	committed domestic abuse; requiring crime alerts to be distributed in a format 
1.23 	that disabled citizens can access; limiting admission of criminal history evidence 
1.24 	in actions against private employers; expanding the trespass crime to prohibit 
1.25 	entry into areas cordoned off by peace officers; making it a crime for a peace 
1.26 	officer to authorize or knowingly allow another to engage in unauthorized law 
1.27 	enforcement practices; expanding the criminal sexual conduct law's definition of 
1.28 	sexual contact; clarifying the statute of limitations for certain criminal sexual 
1.29 	conduct crimes; clarifying the powers and duties of the POST Board; authorizing 
1.30 	courts to include pets and companion animals in protective orders; requiring 
1.31 	development of pilot project for short-term offender commitments; authorizing 
1.32 	counties to develop proposals for secure residential facility pilot projects; 
1.33 	authorizing the state, MNSCU, the University of Minnesota, and cities to adopt a 
1.34 	program requiring certain hiring practices in construction and services contracts;
1.35 	amending Minnesota Statutes 2008, sections 13.87, subdivision 1; 13.871, by 
1.36 	adding a subdivision; 84.027, subdivision 17; 122A.18, subdivision 8; 123B.03, 
1.37 	subdivision 1; 136F.581, by adding a subdivision; 152.02, subdivision 6; 240.08, 
1.38 	by adding a subdivision; 244.10, by adding a subdivision; 244.195, subdivisions 
1.39 	2, 3, 4; 246.13, subdivision 2; 253B.141, subdivision 1; 299A.681; 299C.115; 
2.1 	299C.40, subdivision 1; 299C.46, subdivision 1; 299C.52, subdivisions 1, 3, 
2.2 	4; 299C.53, subdivision 1; 299C.62, subdivision 1; 299C.65, subdivisions 
2.3 	1, 5; 299C.68, subdivision 2; 388.24, subdivision 4; 401.025, subdivision 
2.4 	1; 401.065, subdivision 3a; 403.36, subdivision 2, by adding a subdivision; 
2.5 	480.23; 484.91, subdivision 1; 518.165, subdivision 5; 518B.01, subdivisions 
2.6 	6, 7; 524.5-118, subdivision 2; 609.341, subdivision 11; 609.352, subdivision 
2.7 	2a; 609.605, subdivision 1; 611.272; 626.843, subdivisions 1, 3; 626.845, 
2.8 	subdivision 1; 626.863; 628.26; 628.69, subdivision 6; 629.34, subdivision 1; 
2.9 	629.341, subdivision 1; proposing coding for new law in Minnesota Statutes, 
2.10 	chapters 16C; 137; 181; 364; 471; 611A; repealing Minnesota Statutes 2008, 
2.11 	sections 244.195, subdivision 5; 299C.61, subdivision 8; 299C.67, subdivision 
2.12 	3; 383B.65, subdivision 2; 403.36, subdivision 1f.
2.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.14 	Section 1. Minnesota Statutes 2008, section 13.87, subdivision 1, is amended to read:
2.15 		Subdivision 1.Criminal history data. (a) Definition. For purposes of this 
2.16 	subdivision, "criminal history data" means all data maintained in criminal history 
2.17 	records compiled by the Bureau of Criminal Apprehension and disseminated through 
2.18 	the criminal justice information system, including, but not limited to fingerprints, 
2.19 	photographs, identification data, arrest data, prosecution data, criminal court data, custody 
2.20 	and supervision data. 
2.21 	(b)  Classification. Criminal history data maintained by agencies, political 
2.22 	subdivisions and statewide systems are classified as private, pursuant to section 13.02, 
2.23 	subdivision 12, except that data created, collected, or maintained by the Bureau of 
2.24 	Criminal Apprehension that identify an individual who was convicted of a crime, the 
2.25 	offense of which the individual was convicted, associated court disposition and sentence 
2.26 	information, controlling agency, and confinement information are public data for 15 years 
2.27 	following the discharge of the sentence imposed for the offense. If an individual's name 
2.28 	or other identifying information is erroneously associated with a criminal history and a 
2.29 	determination is made through a fingerprint verification that the individual is not the 
2.30 	subject of the criminal history, the name or other identifying information must be redacted 
2.31 	from the public criminal history data. The name and other identifying information must be 
2.32 	retained in the criminal history and are classified as private data.
2.33 	The Bureau of Criminal Apprehension shall provide to the public at the central office 
2.34 	of the bureau the ability to inspect in person, at no charge, through a computer monitor the 
2.35 	criminal conviction data classified as public under this subdivision.
2.36 	(c)  Limitation. Nothing in paragraph (a) or (b) shall limit public access to data 
2.37 	made public by section 13.82. 

3.1 	Sec. 2. Minnesota Statutes 2008, section 13.871, is amended by adding a subdivision 
3.2 	to read:
3.3 		Subd. 12.Crime alert access request. Data regarding contact information provided 
3.4 	by a citizen requesting a crime alert are classified under section 611A.0393.

3.5 	Sec. 3. [16C.092] HIRING REQUIREMENTS IN CERTAIN PROCUREMENT 
3.6 	CONTRACTS.
3.7 	The commissioner may adopt rules under section 16C.03, that require persons 
3.8 	or entities that contract with the state for construction or services contracts to employ 
3.9 	a minimum number or percentage of low-income persons or former offenders in the 
3.10 	performance of the contract and for the duration of the contract unless the employee is 
3.11 	terminated for cause. At a minimum, the rules must state the type of contracts covered, 
3.12 	the minimum dollar amount of the contract to which the hiring requirement applies, a 
3.13 	definition of "low-income" if the policy applies to hiring of low-income persons, how the 
3.14 	required number or percentage of persons employed may be calculated, and the extent 
3.15 	to which the rules may be met by existing employees of the contractor or new hires by 
3.16 	the contractor. The rules may provide for penalties to be imposed on the contractor for 
3.17 	failure to comply with the hiring requirements of the policy including, but not limited to, 
3.18 	civil penalties and restrictions on future contractual agreements with the contractor. This 
3.19 	section does not apply to contracts between the state and an exclusive representative of 
3.20 	state employees. For the purposes of this section, "former offender" means an individual 
3.21 	who is not currently incarcerated but who has previously been convicted of a felony, 
3.22 	regardless of whether the individual is currently under correctional supervision.

3.23 	Sec. 4. Minnesota Statutes 2008, section 84.027, subdivision 17, is amended to read:
3.24 		Subd. 17.Background checks for volunteer instructors. (a) The commissioner 
3.25 	may conduct background checks for volunteer instructor applicants for department safety 
3.26 	training and education programs, including the programs established under sections 
3.27 	84.791 (youth off-highway motorcycle safety education and training), 84.86 and 84.862
3.28 	(youth and adult snowmobile safety training), 84.925 (youth all-terrain vehicle safety 
3.29 	education and training), 97B.015 (youth firearms safety training), and 97B.025 (hunter 
3.30 	and trapper education and training).
3.31 	(b) The commissioner shall perform the background check by retrieving criminal 
3.32 	history data as defined in section 13.87 maintained in the criminal justice information 
3.33 	system (CJIS) by the Bureau of Criminal Apprehension in the Department of Public 
3.34 	Safety and other data sources.
4.1 	(c) The commissioner shall develop a standardized form to be used for requesting a 
4.2 	background check, which must include:
4.3 	(1) a notification to the applicant that the commissioner will conduct a background 
4.4 	check under this section;
4.5 	(2) a notification to the applicant of the applicant's rights under paragraph (d); and
4.6 	(3) a signed consent by the applicant to conduct the background check expiring one 
4.7 	year from the date of signature.
4.8 	(d) The volunteer instructor applicant who is the subject of a background check 
4.9 	has the right to:
4.10 	(1) be informed that the commissioner will request a background check on the 
4.11 	applicant;
4.12 	(2) be informed by the commissioner of the results of the background check and 
4.13 	obtain a copy of the background check;
4.14 	(3) obtain any record that forms the basis for the background check and report;
4.15 	(4) challenge the accuracy and completeness of the information contained in the 
4.16 	report or a record; and
4.17 	(5) be informed by the commissioner if the applicant is rejected because of the 
4.18 	result of the background check.

4.19 	Sec. 5. Minnesota Statutes 2008, section 122A.18, subdivision 8, is amended to read:
4.20 		Subd. 8.Background checks. (a) The Board of Teaching and the commissioner 
4.21 	of education must request a criminal history background check from the superintendent 
4.22 	of the Bureau of Criminal Apprehension on all applicants for initial licenses under their 
4.23 	jurisdiction. An application for a license under this section must be accompanied by:
4.24 	(1) an executed criminal history consent form, including fingerprints; and
4.25 	(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension 
4.26 	for the fee for conducting the criminal history background check.
4.27 	(b) The superintendent of the Bureau of Criminal Apprehension shall perform 
4.28 	the background check required under paragraph (a) by retrieving criminal history data 
4.29 	maintained in the criminal justice information system computersas defined in section 
4.30 	13.87 and shall also conduct a search of the national criminal records repository, including 
4.31 	the criminal justice data communications network. The superintendent is authorized to 
4.32 	exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal 
4.33 	history check. The superintendent shall recover the cost to the bureau of a background 
4.34 	check through the fee charged to the applicant under paragraph (a).
5.1 	(c) The Board of Teaching or the commissioner of education may issue a license 
5.2 	pending completion of a background check under this subdivision, but must notify 
5.3 	the individual that the individual's license may be revoked based on the result of the 
5.4 	background check.

5.5 	Sec. 6. Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:
5.6 		Subdivision 1.Background check required. (a) A school hiring authority shall 
5.7 	request a criminal history background check from the superintendent of the Bureau of 
5.8 	Criminal Apprehension on all individuals who are offered employment in a school and 
5.9 	on all individuals, except enrolled student volunteers, who are offered the opportunity to 
5.10 	provide athletic coaching services or other extracurricular academic coaching services to a 
5.11 	school, regardless of whether any compensation is paid. In order for an individual to be 
5.12 	eligible for employment or to provide the services, the individual must provide an executed 
5.13 	criminal history consent form and a money order or check payable to either the Bureau of 
5.14 	Criminal Apprehension or the school hiring authority, at the discretion of the school hiring 
5.15 	authority, in an amount equal to the actual cost to the Bureau of Criminal Apprehension 
5.16 	and the school district of conducting the criminal history background check. A school 
5.17 	hiring authority deciding to receive payment may, at its discretion, accept payment in the 
5.18 	form of a negotiable instrument other than a money order or check and shall pay the 
5.19 	superintendent of the Bureau of Criminal Apprehension directly to conduct the background 
5.20 	check. The superintendent of the Bureau of Criminal Apprehension shall conduct the 
5.21 	background check by retrieving criminal history data maintained in the criminal justice 
5.22 	information system computers as defined in section 13.87. A school hiring authority, 
5.23 	at its discretion, may decide not to request a criminal history background check on an 
5.24 	individual who holds an initial entrance license issued by the State Board of Teaching or 
5.25 	the commissioner of education within the 12 months preceding an offer of employment.
5.26 	(b) A school hiring authority may use the results of a criminal background check 
5.27 	conducted at the request of another school hiring authority if:
5.28 	(1) the results of the criminal background check are on file with the other school 
5.29 	hiring authority or otherwise accessible;
5.30 	(2) the other school hiring authority conducted a criminal background check within 
5.31 	the previous 12 months;
5.32 	(3) the individual who is the subject of the criminal background check executes a 
5.33 	written consent form giving a school hiring authority access to the results of the check; and
5.34 	(4) there is no reason to believe that the individual has committed an act subsequent 
5.35 	to the check that would disqualify the individual for employment.
6.1 	(c) A school hiring authority may, at its discretion, request a criminal history 
6.2 	background check from the superintendent of the Bureau of Criminal Apprehension on 
6.3 	any individual who seeks to enter a school or its grounds for the purpose of serving as a 
6.4 	school volunteer or working as an independent contractor or student employee. In order 
6.5 	for an individual to enter a school or its grounds under this paragraph when the school 
6.6 	hiring authority decides to request a criminal history background check on the individual, 
6.7 	the individual first must provide an executed criminal history consent form and a money 
6.8 	order, check, or other negotiable instrument payable to the school district in an amount 
6.9 	equal to the actual cost to the Bureau of Criminal Apprehension and the school district 
6.10 	of conducting the criminal history background check. Notwithstanding section 299C.62, 
6.11 	subdivision 1, the cost of the criminal history background check under this paragraph is 
6.12 	the responsibility of the individual.
6.13 	(d) For all nonstate residents who are offered employment in a school, a school 
6.14 	hiring authority shall request a criminal history background check on such individuals 
6.15 	from the superintendent of the Bureau of Criminal Apprehension and from the government 
6.16 	agency performing the same function in the resident state or, if no government entity 
6.17 	performs the same function in the resident state, from the Federal Bureau of Investigation. 
6.18 	Such individuals must provide an executed criminal history consent form and a money 
6.19 	order, check, or other negotiable instrument payable to the school hiring authority in an 
6.20 	amount equal to the actual cost to the government agencies and the school district of 
6.21 	conducting the criminal history background check. Notwithstanding section 299C.62, 
6.22 	subdivision 1, the cost of the criminal history background check under this paragraph is 
6.23 	the responsibility of the individual.
6.24 	(e) At the beginning of each school year or when a student enrolls, a school hiring 
6.25 	authority must notify parents and guardians about the school hiring authority's policy 
6.26 	requiring a criminal history background check on employees and other individuals who 
6.27 	provide services to the school, and identify those positions subject to a background check 
6.28 	and the extent of the hiring authority's discretion in requiring a background check. The 
6.29 	school hiring authority may include the notice in the student handbook, a school policy 
6.30 	guide, or other similar communication. Nothing in this paragraph affects a school hiring 
6.31 	authority's ability to request a criminal history background check on an individual under 
6.32 	paragraph (c).

6.33 	Sec. 7. Minnesota Statutes 2008, section 136F.581, is amended by adding a subdivision 
6.34 	to read:
7.1 		Subd. 5. Hiring requirements in certain procurement contracts. The board may 
7.2 	develop policies and procedures consistent with this section that require persons or entities 
7.3 	that contract with the board or the colleges and universities for construction or services 
7.4 	contracts to employ a minimum number or percentage of low-income persons or former 
7.5 	offenders in the performance of the contract and for the duration of the contract unless the 
7.6 	employee is terminated for cause. At a minimum, the policies and procedures must state 
7.7 	the type of contracts covered, the minimum dollar amount of the contract to which the 
7.8 	hiring requirement applies, a definition of "low-income" if the policies and procedures 
7.9 	apply to hiring of low-income persons, how the required number or percentage of persons 
7.10 	employed may be calculated, and the extent to which the requirements may be met by 
7.11 	existing employees of the contractor or new hires by the contractor. The policies and 
7.12 	procedures may provide for penalties to be imposed on the contractor for failure to comply 
7.13 	with the hiring requirements of the policies and procedures including, but not limited to, 
7.14 	civil penalties and restrictions on future contractual agreements between the university and 
7.15 	the contractor. This section does not apply to contracts between the board and the colleges 
7.16 	and universities and an exclusive representative of their employees. For the purposes of 
7.17 	this section, "former offender" means an individual who is not currently incarcerated but 
7.18 	who has previously been convicted of a felony, regardless of whether the individual is 
7.19 	currently under correctional supervision. 

7.20 	Sec. 8. [137.32] HIRING REQUIREMENTS IN CERTAIN PROCUREMENT 
7.21 	CONTRACTS.
7.22 	The Regents of the University of Minnesota may adopt a policy that persons 
7.23 	or entities that contract with the university for construction or services contracts be 
7.24 	required to employ a minimum number or percentage of low-income persons or former 
7.25 	offenders in the performance of the contract and for the duration of the contract unless 
7.26 	the employee is terminated for cause. The regents shall establish procurement rules to 
7.27 	govern the program authorized by this section. At a minimum, the rules must state the 
7.28 	type of contracts covered, the minimum dollar amount of the contract to which the hiring 
7.29 	requirement applies, a definition of "low-income" if the ordinance applies to hiring of 
7.30 	low-income persons, how the required number or percentage of persons employed may be 
7.31 	calculated, and the extent to which the requirements may be met by existing employees 
7.32 	of the contractor or new hires by the contractor. The rules may provide for penalties to 
7.33 	be imposed on the contractor for failure to comply with the hiring requirements of the 
7.34 	rules including, but not limited to, civil penalties and restrictions on future contractual 
7.35 	agreements between the university and the contractor. This section does not apply to 
8.1 	contracts between the university and an exclusive representative of university employees. 
8.2 	For the purposes of this section, "former offender" means an individual who is not 
8.3 	currently incarcerated but who has previously been convicted of a felony, regardless of 
8.4 	whether the individual is currently under correctional supervision. 

8.5 	Sec. 9. Minnesota Statutes 2008, section 152.02, subdivision 6, is amended to read:
8.6 		Subd. 6.Schedule V; restrictions on methamphetamine precursor drugs. (a) As 
8.7 	used in this subdivision, the following terms have the meanings given:
8.8 	(1) "methamphetamine precursor drug" means any compound, mixture, or 
8.9 	preparation intended for human consumption containing ephedrine or pseudoephedrine as 
8.10 	its sole active ingredient or as one of its active ingredients; and
8.11 	(2) "over-the-counter sale" means a retail sale of a drug or product but does not 
8.12 	include the sale of a drug or product pursuant to the terms of a valid prescription.
8.13 	(b) The following items are listed in Schedule V:
8.14 	(1) any compound, mixture, or preparation containing any of the following limited 
8.15 	quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal 
8.16 	ingredients in sufficient proportion to confer upon the compound, mixture or preparation 
8.17 	valuable medicinal qualities other than those possessed by the narcotic drug alone:
8.18 	(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 
8.19 	grams;
8.20 	(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 
8.21 	grams;
8.22 	(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms 
8.23 	of atropine sulfate per dosage unit; or
8.24 	(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per 
8.25 	100 grams; and
8.26 	(2) any compound, mixture, or preparation containing ephedrine or pseudoephedrine 
8.27 	as its sole active ingredient or as one of its active ingredients.
8.28 	(c) No person may sell in a single over-the-counter sale more than two packages of a 
8.29 	methamphetamine precursor drug or a combination of methamphetamine precursor drugs 
8.30 	or any combination of packages exceeding a total weight of six grams.
8.31 	(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
8.32 	(1) packages containing not more than a total of three grams of one or 
8.33 	more methamphetamine precursor drugs, calculated in terms of ephedrine base or 
8.34 	pseudoephedrine base; or
9.1 	(2) for nonliquid products, sales in blister packs, where each blister contains not 
9.2 	more than two dosage units, or, if the use of blister packs is not technically feasible, sales 
9.3 	in unit dose packets or pouches.
9.4 	(e) A business establishment that offers for sale methamphetamine precursor drugs 
9.5 	in an over-the-counter sale shall ensure that all packages of the drugs are displayed 
9.6 	behind a checkout counter where the public is not permitted and are offered for sale only 
9.7 	by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The 
9.8 	establishment shall ensure that the person making the sale requires the buyer:
9.9 	(1) to provide photographic identification showing the buyer's date of birth; and
9.10 	(2) to sign a written or electronic document detailing the date of the sale, the name 
9.11 	of the buyer, and the amount of the drug sold. 
9.12 	A document described under clause (2) must be retained by the establishment for 
9.13 	at least three years and must at all reasonable times be open to the inspection of any 
9.14 	law enforcement agency.
9.15 	Nothing in this paragraph requires the buyer to obtain a prescription for the drug's 
9.16 	purchase.
9.17 	(f) No person may acquire through over-the-counter sales more than six grams of 
9.18 	methamphetamine precursor drugs within a 30-day period.
9.19 	(g) No person may sell in an over-the-counter sale a methamphetamine precursor 
9.20 	drug to a person under the age of 18 years. It is an affirmative defense to a charge under 
9.21 	this paragraph if the defendant proves by a preponderance of the evidence that the 
9.22 	defendant reasonably and in good faith relied on proof of age as described in section 
9.23 	340A.503, subdivision 6.
9.24 	(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of 
9.25 	a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to 
9.26 	payment of a fine of not more than $1,000, or both.
9.27 	(i) An owner, operator, supervisor, or manager of a business establishment that 
9.28 	offers for sale methamphetamine precursor drugs whose employee or agent is convicted of 
9.29 	or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal 
9.30 	penalties for violating any of those paragraphs if the person:
9.31 	(1) did not have prior knowledge of, participate in, or direct the employee or agent to 
9.32 	commit the violation; and
9.33 	(2) documents that an employee training program was in place to provide the 
9.34 	employee or agent with information on the state and federal laws and regulations regarding 
9.35 	methamphetamine precursor drugs.
10.1 	(j) Any person employed by a business establishment that offers for sale 
10.2 	methamphetamine precursor drugs who sells such a drug to any person in a suspicious 
10.3 	transaction shall report the transaction to the owner, supervisor, or manager of the 
10.4 	establishment. The owner, supervisor, or manager may report the transaction to local law 
10.5 	enforcement. A person who reports information under this subdivision in good faith is 
10.6 	immune from civil liability relating to the report.
10.7 	(k) Paragraphs (b) to (j) do not apply to:
10.8 	(1) pediatric products labeled pursuant to federal regulation primarily intended for 
10.9 	administration to children under 12 years of age according to label instructions;
10.10 	(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as 
10.11 	being manufactured in a manner that prevents the drug from being used to manufacture 
10.12 	methamphetamine;
10.13 	(3) methamphetamine precursor drugs in gel capsule or liquid form; or
10.14 	(4) compounds, mixtures, or preparations in powder form where pseudoephedrine 
10.15 	constitutes less than one percent of its total weight and is not its sole active ingredient.
10.16 	(l) The Board of Pharmacy, in consultation with the Department of Public Safety, 
10.17 	shall certify methamphetamine precursor drugs that meet the requirements of paragraph 
10.18 	(k), clause (2), and publish an annual listing of these drugs.
10.19 	(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy 
10.20 	pursuant to sections 151.42 to 151.51 and registered with and regulated by the United 
10.21 	States Drug Enforcement Administration are exempt from the methamphetamine precursor 
10.22 	drug storage requirements of this section.
10.23 	(n) This section preempts all local ordinances or regulations governing the sale 
10.24 	by a business establishment of over-the-counter products containing ephedrine or 
10.25 	pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.

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

10.27 	Sec. 10. [181.986] EMPLOYMENT OF INDIVIDUAL WITH CRIMINAL 
10.28 	HISTORY; LIMITATION ON ADMISSIBILITY OF EVIDENCE.
10.29 		Subdivision 1.Limitation on admissibility of criminal history. Information 
10.30 	regarding a criminal history record of an employee or former employee may not be 
10.31 	introduced as evidence in a civil action against a private employer or its employees or 
10.32 	agents that is based on the conduct of the employee or former employee, if:
10.33 	(1) the duties of the position of employment did not expose members of the public to 
10.34 	a greater degree of risk than that created by the employee or former employee interacting 
11.1 	with the public outside of the duties of the position or that might be created by being 
11.2 	employed in general;
11.3 	(2) before the occurrence of the act giving rise to the civil action, a court order sealed 
11.4 	any record of the criminal case or the employee or former employee received a pardon; or
11.5 	(3) the record is of an arrest or charge that did not result in a criminal conviction.
11.6 		Subd. 2.Relation to other law. This section does not supersede a statutory 
11.7 	requirement to conduct a criminal history background investigation or consider criminal 
11.8 	history records in hiring for particular types of employment.

11.9 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
11.10 	actions commenced on or after that date.

11.11 	Sec. 11. Minnesota Statutes 2008, section 240.08, is amended by adding a subdivision 
11.12 	to read:
11.13 		Subd. 2a.Certain occupational licenses. The commission may issue a license to 
11.14 	an applicant otherwise disqualified pursuant to subdivision 2, clause (b), for an occupation 
11.15 	that does not involve gaming operations, security, surveillance, or the handling of 
11.16 	pari-mutuel or card club revenues provided that the applicant has not been convicted of a 
11.17 	felony or a crime involving fraud or misrepresentation within ten years of application, 
11.18 	has never been convicted of a gambling-related offense, does not have a felony charge 
11.19 	pending, has been discharged from any supervision related to the disqualifying offense for 
11.20 	a period of at least five years, and is not required to register pursuant to section 243.166.

11.21 	Sec. 12. Minnesota Statutes 2008, section 244.10, is amended by adding a subdivision 
11.22 	to read:
11.23 		Subd. 5a.Aggravating factors. (a) As used in this section, "aggravating factors" 
11.24 	include, but are not limited to, situations where:
11.25 	(1) the victim was particularly vulnerable due to age, infirmity, or reduced physical 
11.26 	or mental capacity, which was known or should have been known to the offender;
11.27 	(2) the victim was treated with particular cruelty for which the offender should 
11.28 	be held responsible;
11.29 	(3) the current conviction is for a criminal sexual conduct offense or an offense 
11.30 	in which the victim was otherwise injured and there is a prior felony conviction for a 
11.31 	criminal sexual conduct offense or an offense in which the victim was otherwise injured;
11.32 	(4) the offense was a major economic offense, identified as an illegal act or series 
11.33 	of illegal acts committed by other than physical means and by concealment or guile to 
11.34 	obtain money or property, to avoid payment or loss of money or property, or to obtain 
12.1 	business or professional advantage. The presence of two or more of the circumstances 
12.2 	listed below are aggravating factors with respect to the offense:
12.3 	(i) the offense involved multiple victims or multiple incidents per victim;
12.4 	(ii) the offense involved an attempted or actual monetary loss substantially greater 
12.5 	than the usual offense or substantially greater than the minimum loss specified in the 
12.6 	statutes;
12.7 	(iii) the offense involved a high degree of sophistication or planning or occurred 
12.8 	over a lengthy period of time;
12.9 	(iv) the offender used the offender's position or status to facilitate the commission of 
12.10 	the offense, including positions of trust, confidence, or fiduciary relationships; or
12.11 	(v) the offender had been involved in other conduct similar to the current offense 
12.12 	as evidenced by the findings of civil or administrative law proceedings or the imposition 
12.13 	of professional sanctions;
12.14 	(5) the offense was a major controlled substance offense, identified as an offense or 
12.15 	series of offenses related to trafficking in controlled substances under circumstances more 
12.16 	onerous than the usual offense. The presence of two or more of the circumstances listed 
12.17 	below are aggravating factors with respect to the offense:
12.18 	(i) the offense involved at least three separate transactions in which controlled 
12.19 	substances were sold, transferred, or possessed with intent to do so;
12.20 	(ii) the offense involved an attempted or actual sale or transfer of controlled 
12.21 	substances in quantities substantially larger than for personal use;
12.22 	(iii) the offense involved the manufacture of controlled substances for use by 
12.23 	other parties;
12.24 	(iv) the offender knowingly possessed a firearm during the commission of the 
12.25 	offense;
12.26 	(v) the circumstances of the offense reveal the offender to have occupied a high 
12.27 	position in the drug distribution hierarchy;
12.28 	(vi) the offense involved a high degree of sophistication or planning or occurred 
12.29 	over a lengthy period of time or involved a broad geographic area of disbursement; or
12.30 	(vii) the offender used the offender's position or status to facilitate the commission 
12.31 	of the offense, including positions of trust, confidence, or fiduciary relationships;
12.32 	(6) the offender committed, for hire, a crime against the person;
12.33 	(7) the offender is sentenced according to section 609.3455, subdivision 3a;
12.34 	(8) the offender is a dangerous offender who committed a third violent crime, as 
12.35 	described in section 609.1095, subdivision 2;
12.36 	(9) the offender is a career offender as described in section 609.1095, subdivision 4;
13.1 	(10) the offender committed the crime as part of a group of three or more persons 
13.2 	who all actively participated in the crime;
13.3 	(11) the offender intentionally selected the victim or the property against which the 
13.4 	offense was committed, in whole or in part, because of the victim's, the property owner's, 
13.5 	or another's actual or perceived race, color, religion, sex, sexual orientation, disability, 
13.6 	age, or national origin;
13.7 	(12) the offender used another's identity without authorization to commit a crime. 
13.8 	This aggravating factor may not be used when the use of another's identity is an element 
13.9 	of the offense;
13.10 	(13) the offense was committed in the presence of a child; and
13.11 	(14) the offense was committed in a location in which the victim had an expectation 
13.12 	of privacy.
13.13 	(b) Notwithstanding section 609.04 or 609.035, or other law to the contrary, when a 
13.14 	court sentences an offender for a felony conviction, the court may order an aggravated 
13.15 	sentence beyond the range specified in the sentencing guidelines grid based on any 
13.16 	aggravating factor arising from the same course of conduct.
13.17 	(c) Nothing in this section limits a court from ordering an aggravated sentence based 
13.18 	on an aggravating factor not described in paragraph (a). 

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

13.21 	Sec. 13. Minnesota Statutes 2008, section 244.195, subdivision 2, is amended to read:
13.22 		Subd. 2.Detention pending hearing. When it appears necessary to enforce 
13.23 	discipline or to prevent a person on conditional release from escaping or absconding from 
13.24 	supervision, a court services director has the authority to issue a written order directing 
13.25 	any peace officer in the county or any county probation officer in the state serving the 
13.26 	district and juvenile courts of the county to detain and bring the person before the court 
13.27 	or the commissioner, whichever is appropriate, for disposition. This written order is 
13.28 	sufficient authority for the peace officer or probation officer to detain the person for not 
13.29 	more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing 
13.30 	before the court or the commissioner.

13.31 	Sec. 14. Minnesota Statutes 2008, section 244.195, subdivision 3, is amended to read:
13.32 		Subd. 3.Release before hearing. A court services director has the authority to 
13.33 	issue a written order directing a countyany peace officer or probation officer serving the 
13.34 	district and juvenile courts of the countyin the state to release a person detained under 
14.1 	subdivision 2 within 72 hours, excluding Saturdays, Sundays, and holidays, without an 
14.2 	appearance before the court or the commissioner. This written order is sufficient authority 
14.3 	for the countypeace officer or probation officer to release the detained person.

14.4 	Sec. 15. Minnesota Statutes 2008, section 244.195, subdivision 4, is amended to read:
14.5 		Subd. 4.Detention of pretrial releasee. A court services director has the authority 
14.6 	to issue a written order directing any peace officer in the county or any probation officer 
14.7 	serving the district and juvenile courts of the countyin the state to detain any person on 
14.8 	court-ordered pretrial release who absconds from pretrial release or fails to abide by the 
14.9 	conditions of pretrial release. A written order issued under this subdivision is sufficient 
14.10 	authority for the peace officer or probation officer to detain the person.

14.11 	Sec. 16. Minnesota Statutes 2008, section 246.13, subdivision 2, is amended to read:
14.12 		Subd. 2.Definitions; risk assessment and management. (a) As used in this 
14.13 	section:
14.14 	(1) "appropriate and necessary medical and other records" includes patient medical 
14.15 	records and other protected health information as defined by Code of Federal Regulations, 
14.16 	title 45, section 164.501, relating to a patient in a state-operated services facility including, 
14.17 	but not limited to, the patient's treatment plan and abuse prevention plan that is pertinent 
14.18 	to the patient's ongoing care, treatment, or placement in a community-based treatment 
14.19 	facility or a health care facility that is not operated by state-operated services, and 
14.20 	includes information describing the level of risk posed by a patient when the patient 
14.21 	enters the facility;
14.22 	(2) "community-based treatment" means the community support services listed in 
14.23 	section 253B.02, subdivision 4b;
14.24 	(3) "criminal history data" means those data maintained or used by the Departments 
14.25 	of Corrections and Public Safety and by the supervisory authorities listed in section 
14.26 	13.84, subdivision 1, that relate to an individual's criminal history or propensity for 
14.27 	violence, including data in the Corrections Offender Management System (COMS) 
14.28 	and Statewide Supervision System (S3) maintained by the Department of Corrections; 
14.29 	the Criminal Justice Information System (CJIS) and criminal history data as defined in 
14.30 	section 13.87, Integrated Search Service as defined in section 13.873, and the Predatory 
14.31 	Offender Registration (POR) system maintained by the Department of Public Safety; 
14.32 	and the CriMNet system;
14.33 	(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;
15.1 	(5) "law enforcement agency" means the law enforcement agency having primary 
15.2 	jurisdiction over the location where the offender expects to reside upon release;
15.3 	(6) "predatory offender" and "offender" mean a person who is required to register as 
15.4 	a predatory offender under section 243.166; and
15.5 	(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.
15.6 	(b) To promote public safety and for the purposes and subject to the requirements of 
15.7 	this paragraph, the commissioner or the commissioner's designee shall have access to, and 
15.8 	may review and disclose, medical and criminal history data as provided by this section, as 
15.9 	necessary to comply with Minnesota Rules, part 1205.0400:
15.10 	(1) to determine whether a patient is required under state law to register as a 
15.11 	predatory offender according to section 243.166;
15.12 	(2) to facilitate and expedite the responsibilities of the special review board and 
15.13 	end-of-confinement review committees by corrections institutions and state treatment 
15.14 	facilities;
15.15 	(3) to prepare, amend, or revise the abuse prevention plans required under section 
15.16 	626.557, subdivision 14, and individual patient treatment plans required under section 
15.17 	253B.03, subdivision 7;
15.18 	(4) to facilitate the custody, supervision, and transport of individuals transferred 
15.19 	between the Department of Corrections and the Department of Human Services; or
15.20 	(5) to effectively monitor and supervise individuals who are under the authority of 
15.21 	the Department of Corrections, the Department of Human Services, and the supervisory 
15.22 	authorities listed in section 13.84, subdivision 1.
15.23 	(c) The state-operated services treatment facility must make a good faith effort 
15.24 	to obtain written authorization from the patient before releasing information from the 
15.25 	patient's medical record.
15.26 	(d) If the patient refuses or is unable to give informed consent to authorize the 
15.27 	release of information required above, the chief executive officer for state-operated 
15.28 	services shall provide the appropriate and necessary medical and other records. The chief 
15.29 	executive officer shall comply with the minimum necessary requirements.
15.30 	(e) The commissioner may have access to the National Crime Information Center 
15.31 	(NCIC) database, through the Department of Public Safety, in support of the law 
15.32 	enforcement functions described in paragraph (b).

15.33 	Sec. 17. Minnesota Statutes 2008, section 253B.141, subdivision 1, is amended to read:
15.34 		Subdivision 1.Report of absence. (a) If a patient committed under this chapter or 
15.35 	detained under a judicial hold is absent without authorization, and either: (1) does not 
16.1 	return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is 
16.2 	considered by the head of the treatment facility to be a danger to self or others, then the 
16.3 	head of the treatment facility shall report the absence to the local law enforcement agency. 
16.4 	The head of the treatment facility shall also notify the committing court that the patient is 
16.5 	absent and that the absence has been reported to the local law enforcement agency. The 
16.6 	committing court may issue an order directing the law enforcement agency to transport the 
16.7 	patient to an appropriate facility.
16.8 	(b) Upon receiving a report that a patient subject to this section is absent without 
16.9 	authorization, the local law enforcement agency shall enter information on the patient 
16.10 	through the criminal justice information system into the missing persons file of the 
16.11 	National Crime Information Center computer according to the missing persons practices.

16.12 	Sec. 18. Minnesota Statutes 2008, section 299A.681, is amended to read:
16.13 	299A.681 FINANCIAL CRIMES OVERSIGHT COUNCILADVISORY 
16.14 	BOARD AND TASK FORCE.
16.15 		Subdivision 1.Oversight Council Advisory board. The Minnesota Financial 
16.16 	Crimes Oversight CouncilAdvisory Board shall provide guidanceadvice to the 
16.17 	commissioner of public safety related to the investigation and prosecution of identity 
16.18 	theft and financial crime.
16.19 		Subd. 2.Membership. The Oversight Counciladvisory board consists of the 
16.20 	following individuals, or their designees:
16.21 	(1) the commissioner of public safety;
16.22 	(2) the attorney general;
16.23 	(3) two chiefs of police, selected by the Minnesota Chiefs of Police Association 
16.24 	from police departments that participate in the Minnesota Financial Crimes Task Force;
16.25 	(4) two sheriffs, selected by the Minnesota Sheriffs Association from sheriff 
16.26 	departments that participate in the task force;
16.27 	(5) the United States attorney for the district of Minnesota;
16.28 	(6) a county attorney, selected by the Minnesota County Attorneys Association;
16.29 	(7) a representative from the United States Postal Inspector's Office, selected by the 
16.30 	oversight council;
16.31 	(8) a representative from a not-for-profit retail merchants industry, selected by the 
16.32 	oversight council;
16.33 	(9) a representative from a not-for-profit banking and credit union industry, selected 
16.34 	by the oversight council;
17.1 	(10) a representative from a not-for-profit association representing senior citizens, 
17.2 	selected by the oversight council;
17.3 	(11) (7) a representative from the Board of Public Defense, selected by that board;
17.4 	(8) a representative from a federal law enforcement agency, selected by the advisory 
17.5 	board;
17.6 	(9) a representative from the retail merchants industry, selected by the advisory 
17.7 	board;
17.8 	(10) a representative from the banking and credit union industry, selected by the 
17.9 	advisory board;
17.10 	(11) a representative on behalf of senior citizens, selected by the advisory board;
17.11 	(12) the statewide commander of the task force;
17.12 	(12) a representative from the Board of Public Defense, selected by the board; 
17.13 	(13) two additional members selected by the oversight council advisory board;
17.14 	(14) a senator who serves on the committee having jurisdiction over criminal justice 
17.15 	policy, chosen by the Subcommittee on Committees of the senate Committee on Rules 
17.16 	and Administration; and
17.17 	(15) a representative who serves on the committee having jurisdiction over criminal 
17.18 	justice policy, chosen by the speaker of the house.
17.19 	The oversight council advisory board may adopt procedures to govern its conduct and 
17.20 	shall select a chair from among its members. The legislative members of the council
17.21 	advisory board may not vote on matters before the council board.
17.22 		Subd. 3.Duties. The oversight council shall develop advisory board shall offer 
17.23 	advice to the commissioner on the development of an overall strategy to ameliorate the 
17.24 	harm caused to the public by identity theft and financial crime within Minnesota. The 
17.25 	strategy may include the development of protocols and procedures to investigate financial 
17.26 	crimes and a structure for best addressing these issues on a statewide basis and in a 
17.27 	multijurisdictional manner. Additionally, the oversight council The commissioner shall:
17.28 	(1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force 
17.29 	to investigate major financial crimes;
17.30 	(2) with advice from the advisory board, select a statewide commander of the task 
17.31 	force who serves at the pleasure of the oversight council commissioner;
17.32 	(3) assist the Department of Public Safety in developing develop an objective grant 
17.33 	review application process that is free from conflicts of interest;
17.34 	(4) make funding recommendations to the commissioner of public safety on with 
17.35 	advice from the advisory board, issue grants to support efforts to combat identity theft 
17.36 	and financial crime;
18.1 	(5) with advice from the advisory board, assist law enforcement agencies and victims 
18.2 	in developing a process to collect and share information to improve the investigation and 
18.3 	prosecution of identity theft and financial crime;
18.4 	(6) with advice from the advisory board, develop and approve an operational budget 
18.5 	for the office of the statewide commander and the oversight council Minnesota Financial 
18.6 	Crimes Task Force; and
18.7 	(7) enter into any contracts necessary to establish and maintain a relationship with 
18.8 	retailers, financial institutions, and other businesses to deal effectively with identity theft 
18.9 	and financial crime.
18.10 	The task force described in clause (1) may consist of members from local law enforcement 
18.11 	agencies, federal law enforcement agencies, state and federal prosecutors' offices, the 
18.12 	Board of Public Defense, and representatives from elderly victims, retail businesses, 
18.13 	financial institutions, and not-for-profit organizations.
18.14 		Subd. 4.Statewide commander. (a) The Minnesota Financial Crimes Task Force 
18.15 	commander under Minnesota Statutes 2004, section 299A.68, shall oversee the transition 
18.16 	of that task force into the task force described in subdivision 3 and remain in place as its 
18.17 	commander until July 1, 2008. On that date, The commissioner of public safety shall 
18.18 	appoint as a statewide commander the individual selected by the oversight council under 
18.19 	subdivision 3.
18.20 	(b) The commander shall:
18.21 	(1) coordinate and monitor all multijurisdictional identity theft and financial crime 
18.22 	enforcement activities;
18.23 	(2) facilitate local efforts and ensure statewide coordination with efforts to combat 
18.24 	identity theft and financial crime;
18.25 	(3) facilitate training for law enforcement and other personnel;
18.26 	(4) monitor compliance with investigative protocols;
18.27 	(5) implement an outcome evaluation and data quality control process;
18.28 	(6) be responsible for the selection and for cause removal of assigned task force 
18.29 	investigators who are designated participants under a memorandum of understanding or 
18.30 	who receive grant funding;
18.31 	(7) provide supervision of assigned task force investigators;
18.32 	(8) submit a task force operational budget to the oversight council commissioner of 
18.33 	public safety for approval; and
18.34 	(9) submit quarterly task force activity reports to the oversight council advisory 
18.35 	board.
19.1 		Subd. 5.Participating officers; employment status. All law enforcement officers 
19.2 	selected to participate in the task force must be licensed peace officers as defined in section 
19.3 	626.84, subdivision 1, or qualified federal law enforcement officers as defined in section 
19.4 	626.8453. Participating officers remain employees of the same entity that employed them 
19.5 	before joining any multijurisdictional entity established under this section. Participating 
19.6 	officers are not employees of the state.
19.7 		Subd. 6.Jurisdiction and powers. Law enforcement officers participating in any 
19.8 	multijurisdictional entity established under this section have statewide jurisdiction to 
19.9 	conduct criminal investigations and have the same powers of arrest as those possessed 
19.10 	by a sheriff. The task force shall retain from its predecessor the assigned originating 
19.11 	reporting number for case reporting purposes.
19.12 		Subd. 7.Grants authorized. The commissioner of public safety, upon 
19.13 	recommendation of the oversight council with advice from the advisory board, shall 
19.14 	make grants to state and local units of government to combat identity theft and financial 
19.15 	crime. The commander, as funding permits, may prepare a budget to establish four 
19.16 	regional districts and funding grant allocations programs outside the counties of Hennepin, 
19.17 	Ramsey, Anoka, Washington, and Dakota. The budget must be reviewed and approved by 
19.18 	the oversight council and recommended to the commissioner to support these efforts.
19.19 		Subd. 8.Victims assistance program. (a) The oversight council commissioner
19.20 	may establish a victims' assistance program to assist victims of economic crimes and 
19.21 	provide prevention and awareness programs. The oversight council commissioner may 
19.22 	retain the services of not-for-profit organizations to assist in the development and delivery 
19.23 	systems in aiding victims of financial crime. The program may not provide any financial 
19.24 	assistance to victims, but may assist victims in obtaining police assistance and advise 
19.25 	victims in how to protect personal accounts and identities. Services may include a victim 
19.26 	toll-free telephone number, fax number, Web site, Monday through Friday telephone 
19.27 	service, e-mail response, and interfaces to other helpful Web sites. Victims' information 
19.28 	compiled are governed under chapter 13.
19.29 	(b) The oversight council commissioner may post or communicate through public 
19.30 	service announcements in newspapers, radio, television, cable access, billboards, Internet, 
19.31 	Web sites, and other normal advertising channels, a financial reward of up to $2,000 for 
19.32 	tips leading to the apprehension and successful prosecution of individuals committing 
19.33 	economic crime. All rewards must meet the oversight council's standards be approved by 
19.34 	the commissioner. The release of funds must be made to an individual whose information 
19.35 	leads to the apprehension and prosecution of offenders committing economic or financial 
19.36 	crimes against citizens or businesses in Minnesota. All rewards paid to an individual must 
20.1 	be reported to the Department of Revenue along with the individual's Social Security 
20.2 	number.
20.3 		Subd. 9.Oversight council Advisory board and task force are permanent.
 20.4 	Notwithstanding section 15.059, this section does not expire.
20.5 		Subd. 10.Funding. The oversight council commissioner may accept lawful grants 
20.6 	and in-kind contributions from any federal, state, or local source or legal business or 
20.7 	individual not funded by this section for general operation support, including personnel 
20.8 	costs. These grants or in-kind contributions are not to be directed toward the case of a 
20.9 	particular victim or business. The oversight council's task force's fiscal agent shall handle 
20.10 	all funds approved by the oversight council commissioner, including in-kind contributions.
20.11 		Subd. 11.Forfeiture. Property seized by the task force is subject to forfeiture 
20.12 	pursuant to sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be 
20.13 	established. The council task force shall receive the proceeds from the sale of all property 
20.14 	properly seized and forfeited.
20.15 		Subd. 12.Transfer equipment from current task force. All equipment possessed 
20.16 	by the task force described in Minnesota Statutes 2004, section 299A.68, is transferred to 
20.17 	the oversight council for use by the task force described in this section.
20.18 		Subd. 13.Report required. By February 1 of each year, the oversight council
20.19 	commissioner shall report to the chairs and ranking minority members of the senate and 
20.20 	house of representatives committees and divisions having jurisdiction over criminal 
20.21 	justice policy and funding on the activities of the council and task force. At a minimum, 
20.22 	this annual report must include:
20.23 	(1) a description of the council's and task force's goals for the previous year and 
20.24 	for the coming year;
20.25 	(2) a description of the outcomes the council and task force achieved or did not 
20.26 	achieve during the preceding year and a description of the outcomes they will seek to 
20.27 	achieve during the coming year;
20.28 	(3) any legislative recommendations the council or task force advisory board or 
20.29 	commissioner has including, where necessary, a description of the specific legislation 
20.30 	needed to implement the recommendations;
20.31 	(4) a detailed accounting of how appropriated money, grants, and in-kind 
20.32 	contributions were spent; and 
20.33 	(5) a detailed accounting of the grants awarded under this section.

20.34 	Sec. 19. Minnesota Statutes 2008, section 299C.115, is amended to read:
20.35 	299C.115 WARRANT INFORMATION PROVIDED TO STATE.
21.1 	(a) By January 1, 1996, every county shall, in the manner provided in either clause 
21.2 	(1) or (2), make warrant information available to other users of the Minnesota criminal 
21.3 	justice information system criminal justice data communications network as defined 
21.4 	in section 299C.46:
21.5 	(1) the county shall enter the warrant information in the warrant file of the Minnesota 
21.6 	criminal justice information system maintained by the Bureau of Criminal Apprehension 
21.7 	in the Department of Public Safety; or
21.8 	(2) the county, at no charge to the state, shall make the warrant information that 
21.9 	is maintained in the county's computer accessible by means of a single query to the 
21.10 	Minnesota criminal justice information system made through the Bureau of Criminal 
21.11 	Apprehension in the Department of Public Safety.
21.12 	(b) As used in this section, "warrant information" means information on all 
21.13 	outstanding felony, gross misdemeanor, and misdemeanor warrants for adults and 
21.14 	juveniles that are issued within the county.

21.15 	Sec. 20. Minnesota Statutes 2008, section 299C.40, subdivision 1, is amended to read:
21.16 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
21.17 	section.
21.18 	(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located 
21.19 	in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, 
21.20 	Criminal Justice Information Systems Section. A reference in this section to "CIBRS" 
21.21 	includes the Bureau of Criminal Apprehension.
21.22 	(c) "Law enforcement agency" means a Minnesota municipal police department, 
21.23 	the Metropolitan Transit Police, the Metropolitan Airports Police, the University of 
21.24 	Minnesota Police Department, the Department of Corrections Fugitive Apprehension 
21.25 	Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or 
21.26 	the Minnesota State Patrol.

21.27 	Sec. 21. Minnesota Statutes 2008, section 299C.46, subdivision 1, is amended to read:
21.28 		Subdivision 1.Establishment; interconnection. The commissioner of public 
21.29 	safety shall establish a criminal justice data communications network which will enable 
21.30 	the interconnection of the criminal justice agencies within the state into a unified criminal 
21.31 	justice information system. The commissioner of public safety is authorized to lease 
21.32 	or purchase facilities and equipment as may be necessary to establish and maintain the 
21.33 	data communications network.

22.1 	Sec. 22. Minnesota Statutes 2008, section 299C.52, subdivision 1, is amended to read:
22.2 		Subdivision 1.Definitions. As used in sections 299C.52 to 299C.56, the following 
22.3 	terms have the meanings given them:  
22.4 	(a) "Child" means any person under the age of 18 years or any person certified or 
22.5 	known to be mentally incompetent.
22.6 	(b) "CJIS" means Minnesota criminal justice information system.
22.7 	(c) "Missing" means the status of a child after a law enforcement agency that 
22.8 	has received a report of a missing child has conducted a preliminary investigation and 
22.9 	determined that the child cannot be located.
22.10 	(d) (c) "NCIC" means National Crime Information Center.
22.11 	(e) (d) "Endangered" means that a law enforcement official has received sufficient 
22.12 	evidence that the child is with a person who presents a threat of immediate physical injury 
22.13 	to the child or physical or sexual abuse of the child.

22.14 	Sec. 23. Minnesota Statutes 2008, section 299C.52, subdivision 3, is amended to read:
22.15 		Subd. 3.Computer equipment and programs. The commissioner shall provide 
22.16 	the necessary computer hardware and computer programs to enter, modify, and cancel 
22.17 	information on missing children in the NCIC computer through the CJIS. These programs 
22.18 	must provide for search and retrieval of information using the following identifiers: 
22.19 	physical description, name and date of birth, name and Social Security number, name 
22.20 	and driver's license number, vehicle license number, and vehicle identification number. 
22.21 	The commissioner shall also provide a system for regional, statewide, multistate, and 
22.22 	nationwide broadcasts of information on missing children. These broadcasts shall be 
22.23 	made by local law enforcement agencies where possible or, in the case of statewide or 
22.24 	nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of the local 
22.25 	law enforcement agency.

22.26 	Sec. 24. Minnesota Statutes 2008, section 299C.52, subdivision 4, is amended to read:
22.27 		Subd. 4.Authority to enter or retrieve information. Only law enforcement 
22.28 	agencies may enter missing child information through the CJIS into the NCIC computer or 
22.29 	retrieve information through the CJIS from the NCIC computer.

22.30 	Sec. 25. Minnesota Statutes 2008, section 299C.53, subdivision 1, is amended to read:
22.31 		Subdivision 1.Investigation and entry of information. Upon receiving a report 
22.32 	of a child believed to be missing, a law enforcement agency shall conduct a preliminary 
22.33 	investigation to determine whether the child is missing. If the child is initially determined 
23.1 	to be missing and endangered, the agency shall immediately consult the Bureau of 
23.2 	Criminal Apprehension during the preliminary investigation, in recognition of the fact 
23.3 	that the first two hours are critical. If the child is determined to be missing, the agency 
23.4 	shall immediately enter identifying and descriptive information about the child through 
23.5 	the CJIS into the NCIC computer. Law enforcement agencies having direct access to the 
23.6 	CJIS and the NCIC computer shall enter and retrieve the data directly and shall cooperate 
23.7 	in the entry and retrieval of data on behalf of law enforcement agencies which do not 
23.8 	have direct access to the systems.

23.9 	Sec. 26. Minnesota Statutes 2008, section 299C.62, subdivision 1, is amended to read:
23.10 		Subdivision 1.Generally. The superintendent shall develop procedures to enable a 
23.11 	children's service provider to request a background check to determine whether a children's 
23.12 	service worker is the subject of any reported conviction for a background check crime. 
23.13 	The superintendent shall perform the background check by retrieving and reviewing data 
23.14 	on background check crimes maintained in the CJIS computers. The superintendent is 
23.15 	authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes 
23.16 	of a criminal history check. The superintendent shall recover the cost of a background 
23.17 	check through a fee charged the children's service provider.

23.18 	Sec. 27. Minnesota Statutes 2008, section 299C.65, subdivision 1, is amended to read:
23.19 		Subdivision 1.Membership, duties. (a) The Criminal and Juvenile Justice 
23.20 	Information Policy Group consists of the commissioner of corrections, the commissioner 
23.21 	of public safety, the state chief information officer, the commissioner of finance, four 
23.22 	members of the judicial branch appointed by the chief justice of the Supreme Court, 
23.23 	and the chair and first vice-chair of the Criminal and Juvenile Justice Information Task 
23.24 	Force. The policy group may appoint additional, nonvoting members as necessary from 
23.25 	time to time.
23.26 	(b) The commissioner of public safety is designated as the chair of the policy group. 
23.27 	The commissioner and the policy group have overall responsibility for the successful 
23.28 	completion integration of statewide criminal justice information system integration 
23.29 	(CriMNet) systems. This integration effort shall be known as CriMNet. The policy group 
23.30 	may hire an executive director to manage the CriMNet projects and to be responsible for 
23.31 	the day-to-day operations of CriMNet. The executive director shall serve at the pleasure 
23.32 	of the policy group in unclassified service. The policy group must ensure that generally 
23.33 	accepted project management techniques are utilized for each CriMNet project, including:
23.34 	(1) clear sponsorship;
24.1 	(2) scope management;
24.2 	(3) project planning, control, and execution;
24.3 	(4) continuous risk assessment and mitigation;
24.4 	(5) cost management;
24.5 	(6) quality management reviews;
24.6 	(7) communications management;
24.7 	(8) proven methodology; and
24.8 	(9) education and training.
24.9 	(c) Products and services for CriMNet project management, system design, 
24.10 	implementation, and application hosting must be acquired using an appropriate 
24.11 	procurement process, which includes:
24.12 	(1) a determination of required products and services;
24.13 	(2) a request for proposal development and identification of potential sources;
24.14 	(3) competitive bid solicitation, evaluation, and selection; and
24.15 	(4) contract administration and close-out.
24.16 	(d) The policy group shall study and make recommendations to the governor, the 
24.17 	Supreme Court, and the legislature on:
24.18 	(1) a framework for integrated criminal justice information systems, including the 
24.19 	development and maintenance of a community data model for state, county, and local 
24.20 	criminal justice information;
24.21 	(2) the responsibilities of each entity within the criminal and juvenile justice systems 
24.22 	concerning the collection, maintenance, dissemination, and sharing of criminal justice 
24.23 	information with one another;
24.24 	(3) actions necessary to ensure that information maintained in the criminal justice 
24.25 	information systems is accurate and up-to-date;
24.26 	(4) the development of an information system containing criminal justice 
24.27 	information on gross misdemeanor-level and felony-level juvenile offenders that is part of 
24.28 	the integrated criminal justice information system framework;
24.29 	(5) the development of an information system containing criminal justice 
24.30 	information on misdemeanor arrests, prosecutions, and convictions that is part of the 
24.31 	integrated criminal justice information system framework;
24.32 	(6) comprehensive training programs and requirements for all individuals in criminal 
24.33 	justice agencies to ensure the quality and accuracy of information in those systems;
24.34 	(7) continuing education requirements for individuals in criminal justice agencies 
24.35 	who are responsible for the collection, maintenance, dissemination, and sharing of 
24.36 	criminal justice data;
25.1 	(8) a periodic audit process to ensure the quality and accuracy of information 
25.2 	contained in the criminal justice information systems;
25.3 	(9) the equipment, training, and funding needs of the state and local agencies that 
25.4 	participate in the criminal justice information systems;
25.5 	(10) the impact of integrated criminal justice information systems on individual 
25.6 	privacy rights;
25.7 	(11) the impact of proposed legislation on the criminal justice system, including any 
25.8 	fiscal impact, need for training, changes in information systems, and changes in processes;
25.9 	(12) the collection of data on race and ethnicity in criminal justice information 
25.10 	systems;
25.11 	(13) the development of a tracking system for domestic abuse orders for protection;
25.12 	(14) processes for expungement, correction of inaccurate records, destruction of 
25.13 	records, and other matters relating to the privacy interests of individuals; and
25.14 	(15) the development of a database for extended jurisdiction juvenile records and 
25.15 	whether the records should be public or private and how long they should be retained.

25.16 	Sec. 28. Minnesota Statutes 2008, section 299C.65, subdivision 5, is amended to read:
25.17 		Subd. 5.Review of funding and grant requests. (a) The Criminal and Juvenile 
25.18 	Justice Information Policy Group shall review the funding requests for criminal justice 
25.19 	information systems from state, county, and municipal government agencies. The 
25.20 	policy group shall review the requests for compatibility to statewide criminal justice 
25.21 	information system standards. The review shall be forwarded to the chairs and ranking 
25.22 	minority members of the house of representatives and senate committees and divisions 
25.23 	with jurisdiction over criminal justice funding and policy.
25.24 	(b) The CriMNet program office executive director, in consultation with the 
25.25 	Criminal and Juvenile Justice Information Task Force and with the approval of the policy 
25.26 	group, shall create the requirements for any grant request and determine the integration 
25.27 	priorities for the grant period. The CriMNet program office executive director shall also 
25.28 	review the requests submitted for compatibility to statewide criminal justice information 
25.29 	systems standards.
25.30 	(c) The task force shall review funding requests for criminal justice information 
25.31 	systems grants and make recommendations to the policy group. The policy group shall 
25.32 	review the recommendations of the task force and shall make a final recommendation 
25.33 	for criminal justice information systems grants to be made by the commissioner of 
25.34 	public safety. Within the limits of available state appropriations and federal grants, the 
26.1 	commissioner of public safety shall make grants for projects that have been recommended 
26.2 	by the policy group.
26.3 	(d) The policy group may approve grants only if the applicant provides an 
26.4 	appropriate share of matching funds as determined by the policy group to help pay up to 
26.5 	one-half of the costs of the grant request. The matching requirement must be constant for 
26.6 	all applicants within each grant offering. The policy group shall adopt policies concerning 
26.7 	the use of in-kind resources to satisfy the match requirement and the sources from which 
26.8 	matching funds may be obtained. Local operational or technology staffing costs may be 
26.9 	considered as meeting this match requirement. Each grant recipient shall certify to the 
26.10 	policy group that it has not reduced funds from local, county, federal, or other sources 
26.11 	which, in the absence of the grant, would have been made available to the grant recipient 
26.12 	to improve or integrate criminal justice technology.
26.13 	(e) All grant recipients shall submit to the CriMNet program office executive 
26.14 	director all requested documentation including grant status, financial reports, and a final 
26.15 	report evaluating how the grant funds improved the agency's criminal justice integration 
26.16 	priorities. The CriMNet program office executive director shall establish the recipient's 
26.17 	reporting dates at the time funds are awarded.

26.18 	Sec. 29. Minnesota Statutes 2008, section 299C.68, subdivision 2, is amended to read:
26.19 		Subd. 2.Procedures. The superintendent shall develop procedures to enable an 
26.20 	owner to request a background check to determine whether a manager is the subject of 
26.21 	a reported conviction for a background check crime. The superintendent shall perform 
26.22 	the background check by retrieving and reviewing data on background check crimes 
26.23 	maintained in the CJIS computers. The superintendent shall notify the owner in writing 
26.24 	of the results of the background check. If the manager has resided in Minnesota for 
26.25 	less than ten years or upon request of the owner, the superintendent shall also either: 
26.26 	(1) conduct a search of the national criminal records repository, including the criminal 
26.27 	justice data communications network; or (2) conduct a search of the criminal justice data 
26.28 	communications network records in the state or states where the manager has resided 
26.29 	for the preceding ten years. The superintendent is authorized to exchange fingerprints 
26.30 	with the Federal Bureau of Investigation for purposes of the criminal history check. 
26.31 	The superintendent shall recover the cost of a background check through a fee charged 
26.32 	to the owner.

26.33 	Sec. 30. [364.021] PUBLIC EMPLOYMENT; CONSIDERATION OF 
26.34 	CRIMINAL RECORDS.
27.1 	(a) A public employer may not inquire into or consider the criminal record or 
27.2 	criminal history of an applicant for public employment until the applicant has been 
27.3 	selected for an interview by the employer.
27.4 	(b) This section does not apply to the Department of Corrections or to public 
27.5 	employers who have a statutory duty to conduct a criminal history background check 
27.6 	or otherwise take into consideration a potential employee's criminal history during the 
27.7 	hiring process.
27.8 	(c) This section does not prohibit a public employer from notifying applicants that 
27.9 	law or the employer's policy will disqualify an individual with a particular criminal history 
27.10 	background from employment in particular positions.

27.11 	Sec. 31. Minnesota Statutes 2008, section 388.24, subdivision 4, is amended to read:
27.12 		Subd. 4.Reporting of data to criminal justice information system (CJIS)
27.13 	Bureau of Criminal Apprehension. Effective August 1, 1997, every county attorney who 
27.14 	establishes a diversion program under this section shall report the following information 
27.15 	to the Bureau of Criminal Apprehension:
27.16 	(1) the name and date of birth of each diversion program participant and any other 
27.17 	identifying information the superintendent considers necessary;
27.18 	(2) the date on which the individual began to participate in the diversion program;
27.19 	(3) the date on which the individual is expected to complete the diversion program;
27.20 	(4) the date on which the individual successfully completed the diversion program, 
27.21 	where applicable; and
27.22 	(5) the date on which the individual was removed from the diversion program for 
27.23 	failure to successfully complete the individual's goals, where applicable.
27.24 	The superintendent shall cause the information described in this subdivision to be 
27.25 	entered into and maintained in the criminal history file of the Minnesota Criminal Justice 
27.26 	Information System as defined in section 13.87.

27.27 	Sec. 32. Minnesota Statutes 2008, section 401.025, subdivision 1, is amended to read:
27.28 		Subdivision 1.Peace officers and probation officers serving CCA counties. (a) 
27.29 	When it appears necessary to enforce discipline or to prevent a person on conditional 
27.30 	release from escaping or absconding from supervision, the chief executive officer or 
27.31 	designee of a community corrections agency in a CCA county has the authority to issue 
27.32 	a written order directing any peace officer in the county or any probation officer in the 
27.33 	state serving the district and juvenile courts of the county to detain and bring the person 
27.34 	before the court or the commissioner, whichever is appropriate, for disposition. This 
28.1 	written order is sufficient authority for the peace officer or probation officer to detain the 
28.2 	person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a 
28.3 	hearing before the court or the commissioner.
28.4 	(b) The chief executive officer or designee of a community corrections agency in a 
28.5 	CCA county has the authority to issue a written order directing a peace officer or probation 
28.6 	officer serving the district and juvenile courts of the county to release a person detained 
28.7 	under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without 
28.8 	an appearance before the court or the commissioner. This written order is sufficient 
28.9 	authority for the peace officer or probation officer to release the detained person.
28.10 	(c) The chief executive officer or designee of a community corrections agency in a 
28.11 	CCA county has the authority to issue a written order directing any peace officer in the 
28.12 	county or any probation officer serving the district and juvenile courts of the county to 
28.13 	detain any person on court-ordered pretrial release who absconds from pretrial release 
28.14 	or fails to abide by the conditions of pretrial release. A written order issued under this 
28.15 	paragraph is sufficient authority for the peace officer or probation officer to detain the 
28.16 	person.

28.17 	Sec. 33. Minnesota Statutes 2008, section 401.065, subdivision 3a, is amended to read:
28.18 		Subd. 3a.Reporting of data to criminal justice information system (CJIS)
28.19 	Bureau of Criminal Apprehension. (a) Every county attorney who establishes a 
28.20 	diversion program under this section shall report the following information to the Bureau 
28.21 	of Criminal Apprehension:
28.22 	(1) the name and date of birth of each diversion program participant and any other 
28.23 	identifying information the superintendent considers necessary;
28.24 	(2) the date on which the individual began to participate in the diversion program;
28.25 	(3) the date on which the individual is expected to complete the diversion program;
28.26 	(4) the date on which the individual successfully completed the diversion program, 
28.27 	where applicable; and
28.28 	(5) the date on which the individual was removed from the diversion program for 
28.29 	failure to successfully complete the individual's goals, where applicable.
28.30 	The superintendent shall cause the information described in this subdivision to be 
28.31 	entered into and maintained in the criminal history file of the Minnesota criminal justice 
28.32 	information system as defined in section 13.87.
28.33 	(b) Effective August 1, 1997, the reporting requirements of this subdivision shall 
28.34 	apply to misdemeanor offenses.

29.1 	Sec. 34. Minnesota Statutes 2008, section 403.36, is amended by adding a subdivision 
29.2 	to read:
29.3 		Subd. 1g.State Interoperability Executive Committee. (a) In addition to 
29.4 	responsibilities provided for in subdivision 1e, the Statewide Radio Board is designated as 
29.5 	Minnesota's State Interoperability Executive Committee.
29.6 	(b) As Minnesota's State Interoperability Executive Committee, the Statewide 
29.7 	Radio Board shall:
29.8 	(1) develop and maintain a statewide plan for local and private public safety 
29.9 	communications interoperability that integrates with the Minnesota emergency operation 
29.10 	plan;
29.11 	(2) develop and adopt guidelines and operational standards for local and private 
29.12 	public safety communications interoperability within Minnesota;
29.13 	(3) promote coordination and cooperation among local, state, federal, and 
29.14 	tribal public safety agencies in addressing statewide public safety communications 
29.15 	interoperability within Minnesota;
29.16 	(4) advise the commissioner of the Department of Public Safety on public safety 
29.17 	communications interoperability and on the allocation and use of funds made available to 
29.18 	Minnesota to support public safety communications interoperability;
29.19 	(5) to the extent permitted by federal law, Federal Communications Commission 
29.20 	regulations, and the National Telecommunications and Information Administration, 
29.21 	develop guidelines and standards for the efficient use of interoperability frequencies on all 
29.22 	frequency spectrums assigned to public safety users; and
29.23 	(6) to the extent permitted by federal law and treaties with Canada, develop 
29.24 	guidelines and standards that support interoperability with adjoining states and provinces 
29.25 	of Canada along Minnesota's northern border.

29.26 	Sec. 35. Minnesota Statutes 2008, section 403.36, subdivision 2, is amended to read:
29.27 		Subd. 2.Plan contents. (a) The statewide, shared radio and communication system 
29.28 	project plan must include:
29.29 	(1) standards, guidelines, and comprehensive design for the system, including use 
29.30 	and integration of existing public and private communications infrastructure;
29.31 	(2) proposed project implementation schedule, phases, and estimated costs for each 
29.32 	phase of the plan;
29.33 	(3) recommended statutory changes required for effective implementation and 
29.34 	administration of the statewide, shared trunked radio and communication system; and
30.1 	(4) an interoperability committee to make recommendations on the statewide plan 
30.2 	for local and private public safety communications interoperability and on guidelines and 
30.3 	operational standards necessary to promote public safety communications interoperability 
30.4 	within Minnesota; and
30.5 	(4) (5) a policy for the lease of excess space or capacity on systems constructed under 
30.6 	the project plan, consistent with section 174.70, subdivision 2, with priority given first to 
30.7 	local units of government for public safety communication transmission needs and second 
30.8 	to any other communications transmission needs of either the public or private sector.
30.9 	(b) The Statewide Radio Board must ensure that generally accepted project 
30.10 	management techniques are utilized for each project or phase of the backbone of the 
30.11 	statewide, shared radio and communication system consistent with guidelines of the 
30.12 	Project Management Office of the Office of Enterprise Technology:
30.13 	(1) clear sponsorship;
30.14 	(2) scope management;
30.15 	(3) project planning, control, and execution;
30.16 	(4) continuous risk assessment and mitigation;
30.17 	(5) cost management;
30.18 	(6) quality management reviews;
30.19 	(7) communications management; and
30.20 	(8) proven methodology.

30.21 	Sec. 36. [471.347] HIRING REQUIREMENTS AUTHORIZED IN CITY 
30.22 	CONTRACTS.
30.23 	A statutory or home rule charter city may provide by ordinance that persons or 
30.24 	entities that contract with the city for construction or services contracts be required to 
30.25 	employ a minimum number or percentage of city residents, low-income city residents, or 
30.26 	former offenders in the performance of the contract and for the duration of the contract 
30.27 	unless the employee is terminated for cause. At a minimum, the ordinance must state 
30.28 	the type of contracts covered, the minimum dollar amount of the contract to which the 
30.29 	hiring requirement applies, a definition of "low-income" if the ordinance applies to 
30.30 	hiring of low-income city residents, how the required number or percentage of persons 
30.31 	employed may be calculated, and the extent to which the requirements may be met by 
30.32 	existing employees of the contractor or new hires by the contractor. The ordinance may 
30.33 	provide for penalties to be imposed on the contractor for failure to comply with the 
30.34 	hiring requirements of the city ordinance including, but not limited to, civil penalties and 
30.35 	restrictions on future contractual agreements between the city and the contractor. This 
31.1 	section does not apply to contracts between the city and an exclusive representative of city 
31.2 	employees. For the purposes of this section, "former offender" means an individual who is 
31.3 	not currently incarcerated but who has previously been convicted of a felony, regardless of 
31.4 	whether the individual is currently under correctional supervision. 

31.5 	Sec. 37. Minnesota Statutes 2008, section 480.23, is amended to read:
31.6 	480.23 COMPUTER ACQUISITION BY COURTS.
31.7 	In order to facilitate the effective management and coordination of the Minnesota 
31.8 	courts system, an appropriate official of any court or of a local governmental unit in 
31.9 	providing services to any court, if authorized by the state court administrator and with the 
31.10 	concurrence of the contracting vendor, may acquire electronic data processing equipment 
31.11 	or services through an existing contract originated by the Supreme Court. The state court 
31.12 	administrator shall grant this authority only pursuant to the implementation of justice 
31.13 	information systems compatible with systems participating on the Minnesota Criminal 
31.14 	Justice Information Systems Communications Network administered by the Bureau of 
31.15 	Criminal Apprehension in the Department of Public Safety.

31.16 	Sec. 38. Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:
31.17 		Subdivision 1.Establishment. Misdemeanor violations bureaus in the Fourth 
31.18 	Judicial District shall be established in Minneapolis, a southern suburb location, and at 
31.19 	any other northern and western suburban locations dispersed throughout the county as 
31.20 	may be designated by a majority of the judges of the court.

31.21 	Sec. 39. Minnesota Statutes 2008, section 518.165, subdivision 5, is amended to read:
31.22 		Subd. 5.Procedure, criminal history, and maltreatment records background 
31.23 	study. (a) When the court requests a background study under subdivision 4, paragraph 
31.24 	(a), the request shall be submitted to the Department of Human Services through the 
31.25 	department's electronic online background study system.
31.26 	(b) When the court requests a search of the National Criminal Records Repository, 
31.27 	the court must provide a set of classifiable fingerprints of the subject of the study on a 
31.28 	fingerprint card provided by the commissioner of human services.
31.29 	(c) The commissioner of human services shall provide the court with information
31.30 	criminal history data as defined in section 13.87 from the Bureau of Criminal 
31.31 	Apprehension's Criminal Justice Information System Apprehension in the Department of 
31.32 	Public Safety, other criminal history data held by the commissioner of human services, 
31.33 	and data regarding substantiated maltreatment of a minor under section 626.556, and 
32.1 	substantiated maltreatment of a vulnerable adult under section 626.557, within 15 
32.2 	working days of receipt of a request. If the subject of the study has been determined by 
32.3 	the Department of Human Services or the Department of Health to be the perpetrator 
32.4 	of substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the 
32.5 	response must include a copy of the public portion of the investigation memorandum 
32.6 	under section 626.556, subdivision 10f, or the public portion of the investigation 
32.7 	memorandum under section 626.557, subdivision 12b. When the background study shows 
32.8 	that the subject has been determined by a county adult protection or child protection 
32.9 	agency to have been responsible for maltreatment, the court shall be informed of the 
32.10 	county, the date of the finding, and the nature of the maltreatment that was substantiated. 
32.11 	The commissioner shall provide the court with information from the National Criminal 
32.12 	Records Repository within three working days of the commissioner's receipt of the data. 
32.13 	When the commissioner finds no criminal history or substantiated maltreatment on a 
32.14 	background study subject, the commissioner shall make these results available to the court 
32.15 	electronically through the secure online background study system.
32.16 	(d) Notwithstanding section 626.556, subdivision 10f, or 626.557, subdivision 
32.17 	12b, if the commissioner or county lead agency has information that a person on whom 
32.18 	a background study was previously done under this section has been determined to be a 
32.19 	perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the county 
32.20 	may provide this information to the court that requested the background study.

32.21 	Sec. 40. Minnesota Statutes 2008, section 518B.01, subdivision 6, is amended to read:
32.22 		Subd. 6.Relief by court. (a) Upon notice and hearing, the court may provide 
32.23 	relief as follows:
32.24 	(1) restrain the abusing party from committing acts of domestic abuse;
32.25 	(2) exclude the abusing party from the dwelling which the parties share or from the 
32.26 	residence of the petitioner;
32.27 	(3) exclude the abusing party from a reasonable area surrounding the dwelling or 
32.28 	residence, which area shall be described specifically in the order;
32.29 	(4) award temporary custody or establish temporary parenting time with regard to 
32.30 	minor children of the parties on a basis which gives primary consideration to the safety of 
32.31 	the victim and the children. In addition to the primary safety considerations, the court 
32.32 	may consider particular best interest factors that are found to be relevant to the temporary 
32.33 	custody and parenting time award. Findings under section 257.025, 518.17, or 518.175 
32.34 	are not required with respect to the particular best interest factors not considered by the 
32.35 	court. If the court finds that the safety of the victim or the children will be jeopardized by 
33.1 	unsupervised or unrestricted parenting time, the court shall condition or restrict parenting 
33.2 	time as to time, place, duration, or supervision, or deny parenting time entirely, as needed 
33.3 	to guard the safety of the victim and the children. The court's decision on custody and 
33.4 	parenting time shall in no way delay the issuance of an order for protection granting other 
33.5 	relief provided for in this section. The court must not enter a parenting plan under section 
33.6 	518.1705 as part of an action for an order for protection;
33.7 	(5) on the same basis as is provided in chapter 518 or 518A, establish temporary 
33.8 	support for minor children or a spouse, and order the withholding of support from the 
33.9 	income of the person obligated to pay the support according to chapter 518A;
33.10 	(6) provide upon request of the petitioner counseling or other social services for the 
33.11 	parties, if married, or if there are minor children;
33.12 	(7) order the abusing party to participate in treatment or counseling services, 
33.13 	including requiring the abusing party to successfully complete a domestic abuse 
33.14 	counseling program or educational program under section 518B.02;
33.15 	(8) award temporary use and possession of property and restrain one or both parties 
33.16 	from transferring, encumbering, concealing, or disposing of property except in the usual 
33.17 	course of business or for the necessities of life, and to account to the court for all such 
33.18 	transfers, encumbrances, dispositions, and expenditures made after the order is served or 
33.19 	communicated to the party restrained in open court;
33.20 	(9) exclude the abusing party from the place of employment of the petitioner, or 
33.21 	otherwise limit access to the petitioner by the abusing party at the petitioner's place of 
33.22 	employment;
33.23 	(10) order the abusing party to have no contact with the petitioner whether in 
33.24 	person, by telephone, mail, or electronic mail or messaging, through a third party, or 
33.25 	by any other means;
33.26 	(11) order the abusing party to pay restitution to the petitioner;
33.27 	(12) order the continuance of all currently available insurance coverage without 
33.28 	change in coverage or beneficiary designation; and
33.29 	(13) order, in its discretion, other relief as it deems necessary for the protection of 
33.30 	a family or household member, including orders or directives to the sheriff or other law 
33.31 	enforcement or corrections officer as provided by this section; or
33.32 	(14) direct the care, possession, or control of a pet or companion animal owned, 
33.33 	possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent, 
33.34 	or order the respondent to have no contact with the pet or companion animal.
33.35 	(b) Any relief granted by the order for protection shall be for a period not to exceed 
33.36 	two years, except when the court determines a longer period is appropriate. When a 
34.1 	referee presides at the hearing on the petition, the order granting relief becomes effective 
34.2 	upon the referee's signature.
34.3 	(c) An order granting the relief authorized in paragraph (a), clause (1), may not be 
34.4 	vacated or modified in a proceeding for dissolution of marriage or legal separation, except 
34.5 	that the court may hear a motion for modification of an order for protection concurrently 
34.6 	with a proceeding for dissolution of marriage upon notice of motion and motion. The 
34.7 	notice required by court rule shall not be waived. If the proceedings are consolidated 
34.8 	and the motion to modify is granted, a separate order for modification of an order for 
34.9 	protection shall be issued.
34.10 	(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not 
34.11 	voided by the admittance of the abusing party into the dwelling from which the abusing 
34.12 	party is excluded.
34.13 	(e) If a proceeding for dissolution of marriage or legal separation is pending between 
34.14 	the parties, the court shall provide a copy of the order for protection to the court with 
34.15 	jurisdiction over the dissolution or separation proceeding for inclusion in its file.
34.16 	(f) An order for restitution issued under this subdivision is enforceable as civil 
34.17 	judgment.

34.18 	Sec. 41. Minnesota Statutes 2008, section 518B.01, subdivision 7, is amended to read:
34.19 		Subd. 7.Ex parte order. (a) Where an application under this section alleges an 
34.20 	immediate and present danger of domestic abuse, the court may grant an ex parte order for 
34.21 	protection and granting relief as the court deems proper, including an order:
34.22 	(1) restraining the abusing party from committing acts of domestic abuse;
34.23 	(2) excluding any party from the dwelling they share or from the residence of the 
34.24 	other except by further order of the court;
34.25 	(3) excluding the abusing party from the place of employment of the petitioner or 
34.26 	otherwise limiting access to the petitioner by the abusing party at the petitioner's place of 
34.27 	employment; 
34.28 	(4) ordering the abusing party to have no contact with the petitioner whether in 
34.29 	person, by telephone, mail, e-mail, through electronic devices, or through a third party; and
34.30 	(5) continuing all currently available insurance coverage without change in coverage 
34.31 	or beneficiary designation; or
34.32 	(6) directing the care, possession, or control of a pet or companion animal owned, 
34.33 	possessed, or kept by a party or a child of a party, or ordering the abusing party to have no 
34.34 	contact with the pet or companion animal.
35.1 	(b) A finding by the court that there is a basis for issuing an ex parte order for 
35.2 	protection constitutes a finding that sufficient reasons exist not to require notice under 
35.3 	applicable court rules governing applications for ex parte relief.
35.4 	(c) Subject to paragraph (d), an ex parte order for protection shall be effective for 
35.5 	a fixed period set by the court, as provided in subdivision 6, paragraph (b), or until 
35.6 	modified or vacated by the court pursuant to a hearing. When signed by a referee, the ex 
35.7 	parte order becomes effective upon the referee's signature. Upon request, a hearing, as 
35.8 	provided by this section, shall be set. Except as provided in paragraph (d), the respondent 
35.9 	shall be personally served forthwith a copy of the ex parte order along with a copy of 
35.10 	the petition and, if requested by the petitioner, notice of the date set for the hearing. If 
35.11 	the petitioner does not request a hearing, an order served on a respondent under this 
35.12 	subdivision must include a notice advising the respondent of the right to request a hearing, 
35.13 	must be accompanied by a form that can be used by the respondent to request a hearing 
35.14 	and must include a conspicuous notice that a hearing will not be held unless requested 
35.15 	by the respondent within five days of service of the order.
35.16 	(d) Service of the ex parte order may be made by published notice, as provided 
35.17 	under subdivision 5, provided that the petitioner files the affidavit required under that 
35.18 	subdivision. If personal service is not made or the affidavit is not filed within 14 days 
35.19 	of issuance of the ex parte order, the order expires. If the petitioner does not request a 
35.20 	hearing, the petition mailed to the respondent's residence, if known, must be accompanied 
35.21 	by the form for requesting a hearing and notice described in paragraph (c). Unless 
35.22 	personal service is completed, if service by published notice is not completed within 28 
35.23 	days of issuance of the ex parte order, the order expires.
35.24 	(e) If the petitioner seeks relief under subdivision 6 other than the relief described in 
35.25 	paragraph (a), the petitioner must request a hearing to obtain the additional relief.
35.26 	(f) Nothing in this subdivision affects the right of a party to seek modification of an 
35.27 	order under subdivision 11.

35.28 	Sec. 42. Minnesota Statutes 2008, section 524.5-118, subdivision 2, is amended to read:
35.29 		Subd. 2.Procedure; criminal history and maltreatment records background 
35.30 	check. (a) The court shall request the commissioner of human services to complete a 
35.31 	background study under section 245C.32. The request must be accompanied by the 
35.32 	applicable fee and the signed consent of the subject of the study authorizing the release of 
35.33 	the data obtained to the court. If the court is requesting a search of the National Criminal 
35.34 	Records Repository, the request must be accompanied by a set of classifiable fingerprints 
36.1 	of the subject of the study. The fingerprints must be recorded on a fingerprint card 
36.2 	provided by the commissioner of human services. 
36.3 	(b) The commissioner of human services shall provide the court with information
36.4 	criminal history data as defined in section 13.87 from the Bureau of Criminal 
36.5 	Apprehension's criminal justice information system Apprehension in the Department of 
36.6 	Public Safety, other criminal history data held by the commissioner of human services, 
36.7 	and data regarding substantiated maltreatment of vulnerable adults under section 626.557
36.8 	and substantiated maltreatment of minors under section 626.556 within 15 working days 
36.9 	of receipt of a request. If the subject of the study has been the perpetrator of substantiated 
36.10 	maltreatment of a vulnerable adult or minor, the response must include a copy of the 
36.11 	public portion of the investigation memorandum under section 626.557, subdivision 
36.12 	12b, or the public portion of the investigation memorandum under section 626.556, 
36.13 	subdivision 10f. If the court did not request a search of the National Criminal Records 
36.14 	Repository and information from the Bureau of Criminal Apprehension indicates that the 
36.15 	subject is a multistate offender or that multistate offender status is undetermined, the 
36.16 	response must include this information. The commissioner shall provide the court with 
36.17 	information from the National Criminal Records Repository within three working days 
36.18 	of the commissioner's receipt of the data. 
36.19 	(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f, if 
36.20 	the commissioner of human services or a county lead agency has information that a person 
36.21 	on whom a background study was previously done under this section has been determined 
36.22 	to be a perpetrator of maltreatment of a vulnerable adult or minor, the commissioner or the 
36.23 	county may provide this information to the court that requested the background study. The 
36.24 	commissioner may also provide the court with additional criminal history or substantiated 
36.25 	maltreatment information that becomes available after the background study is done. 

36.26 	Sec. 43. Minnesota Statutes 2008, section 609.341, subdivision 11, is amended to read:
36.27 		Subd. 11.Sexual contact. (a) "Sexual contact," for the purposes of sections 
36.28 	609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e), 
36.29 	and (h) to (o), includes any of the following acts committed without the complainant's 
36.30 	consent, except in those cases where consent is not a defense, and committed with sexual 
36.31 	or aggressive intent: 
36.32 	(i) the intentional touching by the actor of the complainant's intimate parts, or
36.33 	(ii) the touching by the complainant of the actor's, the complainant's, or another's 
36.34 	intimate parts effected by a person in a position of authority, or by coercion, or by 
36.35 	inducement if the complainant is under 13 years of age or mentally impaired, or
37.1 	(iii) the touching by another of the complainant's intimate parts effected by coercion 
37.2 	or by a person in a position of authority, or
37.3 	(iv) in any of the cases above, the touching of the clothing covering the immediate 
37.4 	area of the intimate parts, or
37.5 	(v) the intentional touching by the actor of the complainant's body or the clothing 
37.6 	covering the complainant's body with the actor's seminal fluid or sperm.
37.7 	(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g) 
37.8 	and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts 
37.9 	committed with sexual or aggressive intent: 
37.10 	(i) the intentional touching by the actor of the complainant's intimate parts;
37.11 	(ii) the touching by the complainant of the actor's, the complainant's, or another's 
37.12 	intimate parts;
37.13 	(iii) the touching by another of the complainant's intimate parts; or
37.14 	(iv) in any of the cases listed above, touching of the clothing covering the immediate 
37.15 	area of the intimate parts; or
37.16 	(v) the intentional touching by the actor of the complainant's body or the clothing 
37.17 	covering the complainant's body with the actor's seminal fluid or sperm.
37.18 	(c) "Sexual contact with a person under 13" means the intentional touching of the 
37.19 	complainant's bare genitals or anal opening by the actor's bare genitals or anal opening 
37.20 	with sexual or aggressive intent or the touching by the complainant's bare genitals or anal 
37.21 	opening of the actor's or another's bare genitals or anal opening with sexual or aggressive 
37.22 	intent.

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

37.25 	Sec. 44. Minnesota Statutes 2008, section 609.352, subdivision 2a, is amended to read:
37.26 		Subd. 2a.Internet or computer Electronic solicitation of children. A person 18 
37.27 	years of age or older who uses the Internet or, a computer, computer program, computer 
37.28 	network, or computer system, or other electronic device capable of electronic data storage 
37.29 	or transmission to commit any of the following acts, with the intent to arouse the sexual 
37.30 	desire of any person, is guilty of a felony and may be sentenced as provided in subdivision 
37.31 	4:
37.32 	(1) soliciting a child or someone the person reasonably believes is a child to engage 
37.33 	in sexual conduct;
38.1 	(2) engaging in communication relating to or describing sexual conduct with a 
38.2 	child or someone the person reasonably believes is a child, relating to or describing 
38.3 	sexual conduct; or
38.4 	(3) distributing any material, language, or communication, including a photographic 
38.5 	or video image, that relates to or describes sexual conduct to a child or someone the 
38.6 	person reasonably believes is a child.

38.7 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
38.8 	offenses committed on or after that date.

38.9 	Sec. 45. Minnesota Statutes 2008, section 609.605, subdivision 1, is amended to read:
38.10 		Subdivision 1.Misdemeanor. (a) The following terms have the meanings given 
38.11 	them for purposes of this section.
38.12 	(1) "Premises" means real property and any appurtenant building or structure.
38.13 	(2) "Dwelling" means the building or part of a building used by an individual as a 
38.14 	place of residence on either a full-time or a part-time basis. A dwelling may be part of a 
38.15 	multidwelling or multipurpose building, or a manufactured home as defined in section 
38.16 	168.002, subdivision 16.
38.17 	(3) "Construction site" means the site of the construction, alteration, painting, or 
38.18 	repair of a building or structure.
38.19 	(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the 
38.20 	person on whose behalf a building or dwelling is being constructed, altered, painted, or 
38.21 	repaired and the general contractor or subcontractor engaged in that work.
38.22 	(5) "Posted," as used:
38.23 	(i) in paragraph (b), clause (9), means the placement of a sign at least 11 inches 
38.24 	square in a conspicuous place on the exterior of the building that is under construction, 
38.25 	alteration, or repair, and additional signs in at least two conspicuous places for each ten 
38.26 	acres being protected. The sign must carry an appropriate notice and the name of the 
38.27 	person giving the notice, followed by the word "owner" if the person giving the notice 
38.28 	is the holder of legal title to the land on which the construction site is located or by the 
38.29 	word "occupant" if the person giving the notice is not the holder of legal title but is a 
38.30 	lawful occupant of the land; and
38.31 	(ii) in paragraph (b), clause (10), means the placement of signs that:
38.32 	(A) state "no trespassing" or similar terms;
38.33 	(B) display letters at least two inches high;
38.34 	(C) state that Minnesota law prohibits trespassing on the property; and
38.35 	(D) are posted in a conspicuous place and at intervals of 500 feet or less.
39.1 	(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative 
39.2 	of a building trades labor or management organization.
39.3 	(7) "Building" has the meaning given in section 609.581, subdivision 2.
39.4 	(b) A person is guilty of a misdemeanor if the person intentionally:
39.5 	(1) permits domestic animals or fowls under the actor's control to go on the land 
39.6 	of another within a city;
39.7 	(2) interferes unlawfully with a monument, sign, or pointer erected or marked to 
39.8 	designate a point of a boundary, line or a political subdivision, or of a tract of land;
39.9 	(3) trespasses on the premises of another and, without claim of right, refuses to 
39.10 	depart from the premises on demand of the lawful possessor;
39.11 	(4) occupies or enters the dwelling or locked or posted building of another, without 
39.12 	claim of right or consent of the owner or the consent of one who has the right to give 
39.13 	consent, except in an emergency situation;
39.14 	(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or 
39.15 	vegetables growing on the premises, without the permission of the owner or occupant;
39.16 	(6) enters or is found on the premises of a public or private cemetery without 
39.17 	authorization during hours the cemetery is posted as closed to the public;
39.18 	(7) returns to the property of another with the intent to abuse, disturb, or cause 
39.19 	distress in or threaten another, after being told to leave the property and not to return, if the 
39.20 	actor is without claim of right to the property or consent of one with authority to consent;
39.21 	(8) returns to the property of another within one year after being told to leave the 
39.22 	property and not to return, if the actor is without claim of right to the property or consent 
39.23 	of one with authority to consent;
39.24 	(9) enters the locked or posted construction site of another without the consent of the 
39.25 	owner or lawful possessor, unless the person is a business licensee; or
39.26 	(10) enters the locked or posted aggregate mining site of another without the consent 
39.27 	of the owner or lawful possessor, unless the person is a business licensee; or
39.28 	(11) crosses into or enters any public or private area lawfully cordoned off by or 
39.29 	at the direction of a peace officer engaged in the performance of official duties. As used 
39.30 	in this clause: (i) an area may be "cordoned off" through the use of tape, barriers, or 
39.31 	other means conspicuously placed and identifying the area as being restricted by a peace 
39.32 	officer and identifying the responsible authority; and (ii) "peace officer" has the meaning 
39.33 	given in section 626.84, subdivision 1. It is an affirmative defense to a charge under this 
39.34 	clause that a peace officer permitted entry into the restricted area or there was no peace 
39.35 	officer present at the site.

40.1 	Sec. 46. Minnesota Statutes 2008, section 611.272, is amended to read:
40.2 	611.272 ACCESS TO GOVERNMENT DATA. 
40.3 	The district public defender, the state public defender, or an attorney working for 
40.4 	a public defense corporation under section 611.216 has access to the criminal justice 
40.5 	data communications network described in section 299C.46, as provided in this section. 
40.6 	Access to data under this section is limited to data necessary to prepare criminal cases in 
40.7 	which the public defender has been appointed as follows: 
40.8 	(1) access to data about witnesses in a criminal case shall be limited to records of 
40.9 	criminal convictions; and 
40.10 	(2) access to data regarding the public defender's own client which includes, but 
40.11 	is not limited to, criminal history data under section 13.87; juvenile offender data under 
40.12 	section 299C.095; warrant information data under section 299C.115; incarceration data 
40.13 	under section 299C.14; conditional release data under section 241.065; and diversion 
40.14 	program data under section 299C.46, subdivision 5. 
40.15 	The public defender has access to data under this section, whether accessed via CriMNet
40.16 	the integrated search service as defined in section 13.873 or other methods. The public 
40.17 	defender does not have access to law enforcement active investigative data under section 
40.18 	13.82, subdivision 7; data protected under section 13.82, subdivision 17; confidential 
40.19 	arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained 
40.20 	by a prosecuting attorney. The public defender has access to the data at no charge, except 
40.21 	for the monthly network access charge under section 299C.46, subdivision 3, paragraph 
40.22 	(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87, 
40.23 	subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the 
40.24 	contrary, there shall be no charge to public defenders for Internet access to the criminal 
40.25 	justice data communications network. 

40.26 	Sec. 47. [611A.0393] CRIME ALERTS; VIOLENT CRIMES; DISABLED 
40.27 	ACCESS.
40.28 	If a law enforcement agency provides a crime alert to citizens within its jurisdiction, 
40.29 	the alerts and any accompanying documents must be in a form that a disabled person 
40.30 	can access with commercially available text-based screen reader software. Any contact 
40.31 	information provided by a citizen requesting a crime alert is private data on individuals as 
40.32 	defined in section 13.02.

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

41.1 	Sec. 48. [611A.203] DOMESTIC FATALITY REVIEW TEAMS.
41.2 		Subdivision 1.Domestic fatality review teams; purpose. A judicial district may 
41.3 	establish a domestic fatality review team to review domestic violence deaths that have 
41.4 	occurred in the district. The team may review cases in which prosecution has been 
41.5 	completed or the prosecutorial authority has decided not to pursue the case. The purpose of 
41.6 	the review team is to assess domestic violence deaths in order to develop recommendations 
41.7 	for policies and protocols for community prevention and intervention initiatives to reduce 
41.8 	and eliminate the incidence of domestic violence and resulting fatalities.
41.9 		Subd. 2.Definition of domestic violence death. "Domestic violence death" means 
41.10 	a homicide or suicide under any of the following circumstances:
41.11 	(1) the alleged perpetrator and victim resided together at any time;
41.12 	(2) the alleged perpetrator and victim have a child in common, regardless of whether 
41.13 	they were married or lived together at any time;
41.14 	(3) the alleged perpetrator and victim were married, separated, or divorced;
41.15 	(4) the alleged perpetrator and victim had a sexual relationship or a significant 
41.16 	romantic relationship;
41.17 	(5) the alleged perpetrator had been stalking the victim;
41.18 	(6) the homicide victim lived in the same household, was present in the workplace 
41.19 	of, was in proximity of, or was related by blood or affinity to a victim who experienced or 
41.20 	was threatened with domestic abuse by the alleged perpetrator;
41.21 	(7) the victim or the perpetrator was a child of a person in a relationship that is 
41.22 	described within this definition; or 
41.23 	(8) any other circumstances that the domestic fatality review team decides fall 
41.24 	within the parameters of its mission.
41.25 	"Domestic violence death" must be interpreted broadly to give the domestic 
41.26 	fatality review team discretion to review fatalities that have occurred both directly and 
41.27 	peripherally to domestic relationships.
41.28 		Subd. 3.Membership. (a) The chief judge, in consultation with the family violence 
41.29 	coordinating council, shall appoint the members of the domestic fatality review team. 
41.30 	Membership must reflect a commitment to diversity and relevant professional experience. 
41.31 	The review team members must include:
41.32 	(1) the medical examiner;
41.33 	(2) a judicial court officer (judge or referee);
41.34 	(3) a county and city attorney and a public defender;
41.35 	(4) the county sheriff and a peace officer;
41.36 	(5) a representative from family court services and the Department of Corrections;
42.1 	(6) a physician familiar with domestic violence issues;
42.2 	(7) a representative from district court administration and the domestic abuse 
42.3 	service center;
42.4 	(8) a public citizen representative or a representative from a civic organization;
42.5 	(9) a mental health professional; and 
42.6 	(10) domestic violence advocates or shelter workers.
42.7 	(b) There must be at least three domestic violence advocates or shelter workers on 
42.8 	the domestic fatality review team. No two members may represent the same agency. 
42.9 	Members representing advocates or shelters must be selected by the advocacy community. 
42.10 	At least one position must be designated for a minority representative and one position 
42.11 	must rotate in order to include an advocate from the community in which the fatality 
42.12 	under review took place.
42.13 	(c) The domestic fatality review team may also invite other relevant persons to serve 
42.14 	on an ad hoc basis and participate as full members of the review team for a particular 
42.15 	review. These persons may include, but are not limited to:
42.16 	(1) individuals with particular expertise that would be helpful to the review panel; or 
42.17 	(2) representatives of organizations or agencies that had contact with or provided 
42.18 	services to the homicide victim, or to the alleged perpetrator, a victim who experienced or 
42.19 	was threatened with domestic abuse by the alleged perpetrator, or a family member of 
42.20 	one of those individuals.
42.21 		Subd. 4.Duties; access to data. (a) The domestic fatality review team shall collect, 
42.22 	review, and analyze death certificates and death data, including investigative reports, 
42.23 	medical and counseling records, victim service records, employment records, child abuse 
42.24 	reports, or other information concerning domestic violence deaths, survivor interviews 
42.25 	and surveys, and other information deemed by the team as necessary and appropriate 
42.26 	concerning the causes and manner of domestic violence deaths.
42.27 	(b) The review team has access to the following not public data, as defined in 
42.28 	section 13.02, subdivision 8a, relating to a case being reviewed by the team: inactive 
42.29 	law enforcement investigative data under section 13.82; autopsy records and coroner or 
42.30 	medical examiner investigative data under section 13.83; hospital, public health, or other 
42.31 	medical records of the victim under section 13.384; records under section 13.46, created 
42.32 	by social service agencies that provided services to the victim, the alleged perpetrator, or 
42.33 	another victim who experienced or was threatened with domestic abuse by the perpetrator; 
42.34 	and child maltreatment records under section 626.556, relating to the victim or a family or 
42.35 	household member of the victim. Access to medical records under this paragraph also 
42.36 	includes records governed by sections 144.291 to 144.298.
43.1 	(c) As part of any review, the domestic fatality review team may compel the 
43.2 	production of other records by applying to the district court for a subpoena, which will be 
43.3 	effective throughout the state according to the Rules of Civil Procedure.
43.4 		Subd. 5.Confidentiality; data privacy. A person attending a domestic fatality 
43.5 	review team meeting may not disclose what transpired at the meeting, except to carry out 
43.6 	the purposes of the review team or as otherwise provided in this subdivision. The review 
43.7 	team may disclose the names of the victims in the cases it reviewed. The proceedings and 
43.8 	records of the review team are confidential data as defined in section 13.02, subdivision 
43.9 	3, or protected nonpublic data as defined in section 13.02, subdivision 13, regardless of 
43.10 	their classification in the hands of the person who provided the data, and are not subject to 
43.11 	discovery or introduction into evidence in a civil or criminal action against a professional, 
43.12 	the state or a county agency, arising out of the matters the team is reviewing. Information, 
43.13 	documents, and records otherwise available from other sources are not immune from 
43.14 	discovery or use in a civil or criminal action solely because they were presented during 
43.15 	proceedings of the review team. This section does not limit a person who presented 
43.16 	information before the review team or who is a member of the panel from testifying about 
43.17 	matters within the person's knowledge. However, in a civil or criminal proceeding, a 
43.18 	person may not be questioned about the person's good faith presentation of information to 
43.19 	the review team or opinions formed by the person as a result of the review team meetings.
43.20 		Subd. 6.Immunity. Members of the domestic fatality advisory board, members 
43.21 	of the domestic fatality review team, and members of each review panel, as well as their 
43.22 	agents or employees, are immune from claims and are not subject to any suits, liability, 
43.23 	damages, or any other recourse, civil or criminal, arising from any act, proceeding, 
43.24 	decision, or determination undertaken or performed or recommendation made by the 
43.25 	domestic fatality review team, provided they acted in good faith and without malice in 
43.26 	carrying out their responsibilities. Good faith is presumed until proven otherwise and the 
43.27 	complainant has the burden of proving malice or a lack of good faith. No organization, 
43.28 	institution, or person furnishing information, data, testimony, reports, or records to the 
43.29 	domestic fatality review team as part of an investigation is civilly or criminally liable or 
43.30 	subject to any other recourse for providing the information.
43.31 		Subd. 7.Evaluation and report. (a) Each domestic fatality review team shall 
43.32 	develop a system for evaluating the effectiveness of its program and shall focus on 
43.33 	identifiable goals and outcomes. An evaluation must include data components as well as 
43.34 	input from individuals involved in the review process.
43.35 	(b) Each fatality review team shall issue an annual report to the chairs and ranking 
43.36 	minority members of the senate and house committees with jurisdiction over public 
44.1 	safety issues. The report must consist of the written aggregate recommendations of the 
44.2 	domestic fatality review team without reference to specific cases. The report must be 
44.3 	available upon request and distributed to the governor, attorney general, supreme court, 
44.4 	county board, and district court.

44.5 	Sec. 49. Minnesota Statutes 2008, section 626.843, subdivision 1, is amended to read:
44.6 		Subdivision 1.Rules required. The board shall adopt rules with respect to:
44.7 	(1) the certification of peace officer training schools, programs, or courses including 
44.8 	training schools for the Minnesota State Patrol. Such schools, programs and courses 
44.9 	shall include those administered by the state, county, school district, municipality, or 
44.10 	joint or contractual combinations thereof, and shall include preparatory instruction in 
44.11 	law enforcement and minimum basic training courses postsecondary schools to provide 
44.12 	programs of professional peace officer education;
44.13 	(2) minimum courses of study, attendance requirements, and equipment and facilities 
44.14 	to be required at each certified peace officers training school located within the state;
44.15 	(3) minimum qualifications for coordinators and instructors at certified peace officer 
44.16 	training schools offering a program of professional peace officer education located within 
44.17 	this state;
44.18 	(4) minimum standards of physical, mental, and educational fitness which shall 
44.19 	govern the recruitmentadmission to professional peace officer education programs and 
44.20 	the licensing of peace officers within the state, by any state, county, municipality, or joint 
44.21 	or contractual combination thereof, including members of the Minnesota State Patrol;
44.22 	(5) board-approved continuing education courses that ensure professional 
44.23 	competence of peace officers and part-time peace officers;
44.24 	(6) minimum standards of conduct which would affect the individual's performance 
44.25 	of duties as a peace officer. These standards shall be established and published. The 
44.26 	board shall review the minimum standards of conduct described in this clause for possible 
44.27 	modification in 1998 and every three years after that time;
44.28 	(6) minimum basic training which peace officers appointed to temporary or 
44.29 	probationary terms shall complete before being eligible for permanent appointment, 
44.30 	and the time within which such basic training must be completed following any such 
44.31 	appointment to a temporary or probationary term;
44.32 	(7) minimum specialized training which part-time peace officers shall complete in 
44.33 	order to be eligible for continued employment as a part-time peace officer or permanent 
44.34 	employment as a peace officer, and the time within which the specialized training must 
44.35 	be completed;
45.1 	(8) content of minimum basic training courses required of graduates of certified law 
45.2 	enforcement training schools or programs. Such courses shall not duplicate the content 
45.3 	of certified academic or general background courses completed by a student but shall 
45.4 	concentrate on practical skills deemed essential for a peace officer. Successful completion 
45.5 	of such a course(7) a set of educational learning objectives that must be met within a 
45.6 	certified school's professional peace officer education program. These learning objectives 
45.7 	must concentrate on the knowledge, skills, and abilities deemed essential for a peace 
45.8 	officer. Education in these learning objectives shall be deemed satisfactionsatisfactory for 
45.9 	the completion of the minimum basic training requirement;
45.10 	(9) grading, reporting, attendance and other records, and certificates of attendance 
45.11 	or accomplishment;
45.12 	(10) the procedures to be followed by a part-time peace officer for notifying 
45.13 	the board of intent to pursue the specialized training for part-time peace officers who 
45.14 	desire to become peace officers pursuant to clause (7), and section 626.845, subdivision 
45.15 	1, clause (7); 
45.16 	(11)(8) the establishment and use by any political subdivision or state law 
45.17 	enforcement agency whichthat employs persons licensed by the board of procedures for 
45.18 	investigation and resolution of allegations of misconduct by persons licensed by the board. 
45.19 	The procedures shall be in writing and shall be established on or before October 1, 1984;
45.20 	(12)(9) the issues that must be considered by each political subdivision and state 
45.21 	law enforcement agency that employs persons licensed by the board in establishing 
45.22 	procedures under section 626.5532 to govern the conduct of peace officers who are in 
45.23 	pursuit of a vehicle being operated in violation of section 609.487, and requirements for 
45.24 	the training of peace officers in conducting pursuits. The adoption of specific procedures 
45.25 	and requirements is within the authority of the political subdivision or agency; 
45.26 	(13)(10) supervision of part-time peace officers and requirements for documentation 
45.27 	of hours worked by a part-time peace officer who is on active duty. These rules shall be 
45.28 	adopted by December 31, 1993;
45.29 	(14)(11) citizenship requirements for full-timepeace officers and part-time peace 
45.30 	officers;
45.31 	(15)(12) driver's license requirements for full-timepeace officers and part-time 
45.32 	peace officers; and
45.33 	(16)(13) such other matters as may be necessary consistent with sections 626.84 to 
45.34 	626.863. Rules promulgated by the attorney general with respect to these matters may be 
45.35 	continued in force by resolution of the board if the board finds the rules to be consistent 
45.36 	with sections 626.84 to 626.863. 

46.1 	Sec. 50. Minnesota Statutes 2008, section 626.843, subdivision 3, is amended to read:
46.2 		Subd. 3.Board authority. The board may, in addition:
46.3 	(1) recommend studies, surveys, and reports to be made by the executive director 
46.4 	regarding the carrying out of the objectives and purposes of sections 626.841 to 626.863; 
46.5 	(2) visit and inspect any peace officer trainingcertified school approved by the 
46.6 	executive directorthat offers the professional peace officer education program or for 
46.7 	which application for such approvalcertification has been made;
46.8 	(3) make recommendations, from time to time, to the executive director, attorney 
46.9 	general, and the governor regarding the carrying out of the objectives and purposes of 
46.10 	sections 626.841 to 626.863; 
46.11 	(4) perform such other acts as may be necessary or appropriate to carry out the 
46.12 	powers and duties of the board as set forth inunder sections 626.841 to 626.863; and
46.13 	(5) cooperate with and receive financial assistance from and join in projects or 
46.14 	enter into contracts with the federal government or its agencies for the furtherance of 
46.15 	the purposes of Laws 1977, chapter 433.

46.16 	Sec. 51. Minnesota Statutes 2008, section 626.845, subdivision 1, is amended to read:
46.17 		Subdivision 1.Powers and duties. The board shall have the following powers 
46.18 	and duties:
46.19 	(1) to certify peace officers' training schools or programs administered by state, 
46.20 	county and municipalities located within this state in whole or in part no later than 90 
46.21 	days after receipt of an application for certification. The reasons for noncertification of 
46.22 	any school or program or part thereof shall be transmitted to the school within 90 days 
46.23 	and shall contain a detailed explanation of the reasons for which the school or program 
46.24 	was disapproved and an explanation of what supporting material or other requirements 
46.25 	are necessary for the board to reconsider. Disapproval of a school or program shall 
46.26 	not preclude the reapplication for certification of the school or program postsecondary 
46.27 	schools to provide programs of professional peace officer education based on a set of 
46.28 	board-approved professional peace officer education learning objectives;
46.29 	(2) to issue certificates to postsecondary schools, and to revoke such certification 
46.30 	when necessary to maintain the objectives and purposes of sections 626.841 to 626.863; 
46.31 	(3) to certify, as qualified, instructors at peace officer training schools, and to issue 
46.32 	appropriate certificates to such instructors;
46.33 	(4) to license peace officers who have satisfactorily completed certified basic training 
46.34 	programs,met the education and experience requirements and passed examinations as 
46.35 	required by the board;
47.1 	(4) to develop and administer licensing examinations based on the board's learning 
47.2 	objectives;
47.3 	(5) to cause studies and surveys to be made relating to the establishment, operation, 
47.4 	and approval of state, county, and municipal peace officer training schools;
47.5 	(6) to consult and cooperate with state, county, and municipal peace officer training 
47.6 	schoolscontinuing education providers for the development of in-service training 
47.7 	programs for peace officers;
47.8 	(7)(6) to consult and cooperate with universities, colleges, and technical colleges
47.9 	postsecondary schools for the development of specialized courses of instruction and study 
47.10 	in the state for peace officers and part-time peace officers in police science and police 
47.11 	administration and improvement of professional peace officer education;
47.12 	(8)(7) to consult and cooperate with other departments and agencies of the state and 
47.13 	federal government concerned with peace officer standards and training;
47.14 	(9)(8) to perform such other acts as may be necessary and appropriate to carry out 
47.15 	the powers and duties as set forth in the provisions of sections 626.841 to 626.863; 
47.16 	(10) to coordinate the provision, on a regional basis, of skills oriented basic training 
47.17 	courses to graduates of certified law enforcement training schools or programs;
47.18 	(11)(9) to obtain criminal conviction data for persons seeking a license to be issued 
47.19 	or possessing a license issued by the board. The board shall have authority to obtain 
47.20 	criminal conviction data to the full extent that any other law enforcement agency, as that 
47.21 	term is defined by state or federal law, has to obtain the data;
47.22 	(12)(10) to prepare and transmit annually to the governor a report of its activities 
47.23 	with respect to allocation of moneysmoney appropriated to it for peace officers training, 
47.24 	including the name and address of each recipient of money for that purpose,and the 
47.25 	amount awarded, and the purpose of the award; and
47.26 	(13)(11) to assist and cooperate with any political subdivision or state law 
47.27 	enforcement agency whichthat employs persons licensed by the board to establish written 
47.28 	procedures for the investigation and resolution of allegations of misconduct of policies as 
47.29 	mandated by the state pertaining to persons licensed by the board, and to enforce licensing 
47.30 	sanctions for failure to implement such procedures these policies.
47.31 	In addition, the board may maintain data received from law enforcement agencies 
47.32 	under section 626.87, subdivision 5, provide the data to requesting law enforcement 
47.33 	agencies who are conducting background investigations, and maintain data on applicants 
47.34 	and licensees as part of peace officer license data. The data that may be maintained 
47.35 	include the name of the law enforcement agency conducting the investigation and data on 
47.36 	the candidate provided under section 626.87, subdivision 5, clauses (1) and (2). 

48.1 	Sec. 52. Minnesota Statutes 2008, section 626.863, is amended to read:
48.2 	626.863 UNAUTHORIZED PRACTICE.
48.3 	(a) A person who is not a peace officer or part-time peace officer is guilty of a 
48.4 	misdemeanor if the person: (1) makes a representation of being a peace officer or part-time 
48.5 	peace officer, or (2) performs or attempts to perform an act, duty, or responsibility reserved 
48.6 	by law for licensed peace officers and part-time peace officers.
48.7 	(b) A peace officer who authorizes or knowingly allows a person to violate paragraph 
48.8 	(a) is guilty of a misdemeanor.
48.9 	(c) The board shall designate the appropriate law enforcement agency to investigate 
48.10 	violations of this section. The attorney general shall prosecute violations of this section.
48.11 	(d) A person who violates this section and who has previously been convicted of a 
48.12 	violation of this section is guilty of a gross misdemeanor.

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

48.15 	Sec. 53. Minnesota Statutes 2008, section 628.26, is amended to read:
48.16 	628.26 LIMITATIONS.
48.17 	(a) Indictments or complaints for any crime resulting in the death of the victim may 
48.18 	be found or made at any time after the death of the person killed.
48.19 	(b) Indictments or complaints for a violation of section 609.25 may be found or 
48.20 	made at any time after the commission of the offense.
48.21 	(c) Indictments or complaints for violation of section 609.282 may be found or made 
48.22 	at any time after the commission of the offense if the victim was under the age of 18 at 
48.23 	the time of the offense.
48.24 	(d) Indictments or complaints for violation of section 609.282 where the victim 
48.25 	was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause 
48.26 	(1) or (2), shall be found or made and filed in the proper court within six years after 
48.27 	the commission of the offense.
48.28 	(e) Indictments or complaints for violation of sections 609.342 to 609.345 if the 
48.29 	victim was under the age of 18 years at the time the offense was committed, shall be found 
48.30 	or made and filed in the proper court within the later of nine years after the commission of 
48.31 	the offense or, if the victim failed to report the offense within this limitation period, within
48.32 	three years after the offense was reported to law enforcement authorities.
48.33 	(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for 
48.34 	violation of sections 609.342 to 609.344 may be found or made and filed in the proper 
49.1 	court at any time after commission of the offense, if physical evidence is collected and 
49.2 	preserved that is capable of being tested for its DNA characteristics. If this evidence is not 
49.3 	collected and preserved and the victim was 18 years old or older at the time of the offense, 
49.4 	the prosecution must be commenced within nine years after the commission of the offense.
49.5 	(g) Indictments or complaints for violation of sections 609.466 and 609.52, 
49.6 	subdivision 2, clause (3), item (iii), shall be found or made and filed in the proper court 
49.7 	within six years after the commission of the offense.
49.8 	(h) Indictments or complaints for violation of section 609.52, subdivision 2, clause 
49.9 	(3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the 
49.10 	property or services stolen is more than $35,000, shall be found or made and filed in the 
49.11 	proper court within five years after the commission of the offense.
49.12 	(i) Except for violations relating to false material statements, representations or 
49.13 	omissions, indictments or complaints for violations of section 609.671 shall be found or 
49.14 	made and filed in the proper court within five years after the commission of the offense.
49.15 	(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall 
49.16 	be found or made and filed in the proper court within five years after the commission 
49.17 	of the offense.
49.18 	(k) In all other cases, indictments or complaints shall be found or made and filed in 
49.19 	the proper court within three years after the commission of the offense.
49.20 	(l) The limitations periods contained in this section shall exclude any period of time 
49.21 	during which the defendant was not an inhabitant of or usually resident within this state.
49.22 	(m) The limitations periods contained in this section for an offense shall not include 
49.23 	any period during which the alleged offender participated under a written agreement in a 
49.24 	pretrial diversion program relating to that offense.
49.25 	(n) The limitations periods contained in this section shall not include any period 
49.26 	of time during which physical evidence relating to the offense was undergoing DNA 
49.27 	analysis, as defined in section 299C.155, unless the defendant demonstrates that the 
49.28 	prosecuting or law enforcement agency purposefully delayed the DNA analysis process in 
49.29 	order to gain an unfair advantage.

49.30 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to crimes 
49.31 	committed on or after that date, and to crimes committed before that date if the limitations 
49.32 	period for the crime did not expire before August 1, 2009.

49.33 	Sec. 54. Minnesota Statutes 2008, section 628.69, subdivision 6, is amended to read:
49.34 		Subd. 6.Reporting of data to criminal justice information system (CJIS)
49.35 	Bureau of Criminal Apprehension. Every county attorney who has established a pretrial 
50.1 	diversion program under this section shall report the following information to the Bureau 
50.2 	of Criminal Apprehension:
50.3 	(1) the name and date of birth of each diversion program participant, and any other 
50.4 	identifying information the superintendent considers necessary;
50.5 	(2) the date on which the individual began to participate in the diversion program;
50.6 	(3) the date on which the individual is expected to complete the diversion program;
50.7 	(4) the date on which the individual successfully completed the diversion program, 
50.8 	where applicable; and
50.9 	(5) the date on which the individual was removed from the diversion program for 
50.10 	failure to successfully complete the individual's goals, where applicable.
50.11 	The superintendent shall cause the information described in this subdivision to be 
50.12 	entered into and maintained in the criminal history file of the Minnesota Criminal Justice 
50.13 	Information System as defined in section 13.87.

50.14 	Sec. 55. Minnesota Statutes 2008, section 629.34, subdivision 1, is amended to read:
50.15 		Subdivision 1.Peace officers. (a) A peace officer, as defined in section 626.84, 
50.16 	subdivision 1, clause (c), who is on or off duty within the jurisdiction of the appointing 
50.17 	authority, or on duty outside the jurisdiction of the appointing authority pursuant to section 
50.18 	629.40, may arrest a person without a warrant as provided under paragraph (c). 
50.19 	(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d), 
50.20 	who is on duty within the jurisdiction of the appointing authority, or on duty outside the 
50.21 	jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person 
50.22 	without a warrant as provided under paragraph (c). 
50.23 	(c) A peace officer or part-time peace officer who is authorized under paragraph (a) 
50.24 	or (b) to make an arrest without a warrant may do so under the following circumstances:
50.25 	(1) when a public offense has been committed or attempted in the officer's presence;
50.26 	(2) when the person arrested has committed a felony, although not in the officer's 
50.27 	presence;
50.28 	(3) when a felony has in fact been committed, and the officer has reasonable cause 
50.29 	for believing the person arrested to have committed it;
50.30 	(4) upon a charge based upon reasonable cause of the commission of a felony by 
50.31 	the person arrested;
50.32 	(5) under the circumstances described in clause (2), (3), or (4), when the offense is 
50.33 	a gross misdemeanor violation of section 609.485, subdivision 4, paragraph (a), clause 
50.34 	(3), as applies to a person who escapes from custody on an allegation or adjudication of a 
50.35 	delinquent act, 609.52, 609.595, 609.631, 609.749, or 609.821; or 
51.1 	(6) under circumstances described in clause (2), (3), or (4), when the offense is a 
51.2 	nonfelony violation of a restraining order or no contact order previously issued by a court.
51.3 	(d) To make an arrest authorized under this subdivision, the officer may break open 
51.4 	an outer or inner door or window of a dwelling house if, after notice of office and purpose, 
51.5 	the officer is refused admittance.

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

51.8 	Sec. 56. Minnesota Statutes 2008, section 629.341, subdivision 1, is amended to read:
51.9 		Subdivision 1.Arrest. Notwithstanding section 629.34 or any other law or rule, a 
51.10 	peace officer may arrest a person anywhere without a warrant, including at the person's 
51.11 	residence, if the peace officer has probable cause to believe that within the preceding 
51.12 	12 24 hours the person has committed domestic abuse, as defined in section 518B.01, 
51.13 	subdivision 2. The arrest may be made even though the assault did not take place in 
51.14 	the presence of the peace officer.  

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

51.16 	Sec. 57. FINANCIAL CRIMES TASK FORCE TRANSITION.
 51.17 	(a) The appointing authorities under Minnesota Statutes, section 299A.681, 
51.18 	subdivision 2, shall complete the new appointments required under that section by August 
51.19 	1, 2009.
51.20 	(b) The members of the Minnesota Financial Crimes Task Force appointed to the 
51.21 	task force by the Financial Crimes Oversight Council as provided in 2008 Minnesota 
51.22 	Statutes, section 299A.681, subdivision 3, shall continue to serve on the task force until 
51.23 	their successors have been appointed by the commissioner of public safety.

51.24 	Sec. 58. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
 51.25 		Subdivision 1.Establishment. An eligible city may establish a license reinstatement 
51.26 	diversion pilot program for holders of class D drivers' licenses who have been charged 
51.27 	with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but have not yet 
51.28 	entered a plea in the proceedings. An individual charged with driving after revocation 
51.29 	under Minnesota Statutes, section 171.24, subdivision 2, is eligible for diversion only if 
51.30 	the revocation was due to a violation of Minnesota Statutes, section 169.791; 169.797; 
51.31 	169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). An individual 
52.1 	who is a holder of a commercial driver's license or who has committed an offense in a 
52.2 	commercial motor vehicle is ineligible for participation in the diversion pilot program.
52.3 		Subd. 2.Eligible cities. Each of the cities of Duluth, St. Paul, South St. Paul, 
52.4 	West St. Paul, and Inver Grove Heights is eligible to establish the license reinstatement 
52.5 	diversion pilot program within its city.
52.6 		Subd. 3.Contract. Notwithstanding any law or ordinance to the contrary, an 
52.7 	eligible city may contract with a third party to create and administer the diversion program.
52.8 		Subd. 4.Diversion of individual. A prosecutor for a participating city may 
52.9 	determine whether to accept an individual for diversion, and in doing so shall consider:
52.10 	(1) whether the individual has a record of driving without a valid license or other 
52.11 	criminal record, or has previously participated in a diversion program;
52.12 	(2) the strength of the evidence against the individual, along with any mitigating 
52.13 	factors; and
52.14 	(3) the apparent ability and willingness of the individual to participate in the 
52.15 	diversion program and comply with its requirements.
52.16 		Subd. 5.Diversion driver's license. (a) Notwithstanding any law to the contrary, 
52.17 	the commissioner of public safety may issue a diversion driver's license to a person who 
52.18 	is a participant in a pilot program for diversion, following receipt of an application and 
52.19 	payment of:
52.20 	(1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by 
52.21 	a participant whose driver's license has been suspended;
52.22 	(2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2, 
52.23 	paragraph (a), by a participant whose driver's license has been revoked under Minnesota 
52.24 	Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or
52.25 	(3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2, 
52.26 	paragraph (a), by a participant whose driver's license has been revoked under Minnesota 
52.27 	Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which 
52.28 	are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also 
52.29 	must be paid during the course of, and as a condition of, the diversion program.
52.30 	The diversion driver's license may bear restrictions imposed by the commissioner suitable 
52.31 	to the licensee's driving ability or other restrictions applicable to the licensee as the 
52.32 	commissioner may determine to be appropriate to assure the safe operation of a motor 
52.33 	vehicle by the licensee.
52.34 	(b) Payments by participants in the diversion program of the reinstatement fee and 
52.35 	surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be 
52.36 	applied first toward payment of the reinstatement fee, and after the reinstatement fee has 
53.1 	been fully paid, toward payment of the surcharge. Each payment that is applied toward 
53.2 	the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29, 
53.3 	subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must 
53.4 	be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs 
53.5 	(c) and (d).
53.6 		Subd. 6.Components of program. (a) At a minimum, the diversion program 
53.7 	must require individuals to:
53.8 	(1) successfully attend and complete, at the individual's expense, educational classes 
53.9 	that provide, among other things, information on drivers' licensure;
53.10 	(2) pay, according to a schedule approved by the prosecutor, all required fees, 
53.11 	fines, and charges, including applicable statutory license reinstatement fees and costs 
53.12 	of participation in the program;
53.13 	(3) comply with all traffic laws; and
53.14 	(4) demonstrate compliance with vehicle insurance requirements.
53.15 	(b) An individual who is accepted into the pilot program is eligible to apply for a 
53.16 	diversion driver's license.
53.17 		Subd. 7.Termination of participation in diversion program. (a) An individual's 
53.18 	participation in the diversion program may terminate when:
53.19 	(1) during participation in the program, the individual is guilty of a moving traffic 
53.20 	violation or failure to provide vehicle insurance;
53.21 	(2) the third-party administrator of the diversion program informs the court and the 
53.22 	commissioner of public safety that the individual is no longer satisfying the conditions 
53.23 	of the diversion; or
53.24 	(3) the third-party administrator informs the court, the prosecutor, and the 
53.25 	commissioner of public safety that the individual has met all conditions of the diversion 
53.26 	program, including, at a minimum, satisfactory fulfillment of the components in 
53.27 	subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline 
53.28 	to prosecute.
53.29 	(b) Upon termination of an individual's participation in the diversion program, the 
53.30 	commissioner shall cancel the individual's diversion driver's license.
53.31 	(c) The original charge against the individual of violation of Minnesota Statutes, 
53.32 	section 171.24, may be reinstated against an individual whose participation in the 
53.33 	diversion program terminates under paragraph (a), clause (1) or (2).
53.34 	(d) The commissioner shall reinstate the driver's license of an individual whose 
53.35 	participation in the diversion program terminates under paragraph (a), clause (3).
54.1 		Subd. 8.Report. (a) By February 1, 2011, the commissioner of public safety and 
54.2 	each eligible city that participates in the diversion program shall report to the legislative 
54.3 	committees with jurisdiction over transportation and the judiciary concerning the results 
54.4 	of the program. The report must be made electronically and available in print only upon 
54.5 	request. The report must include, without limitation, the effect of the program on:
54.6 	(1) recidivism rates for participants in the diversion pilot program;
54.7 	(2) the number of unlicensed drivers who continue to drive in violation of Minnesota 
54.8 	Statutes, section 171.24;
54.9 	(3) payment of the fees and fines collected in the diversion pilot program to cities, 
54.10 	counties, and the state;
54.11 	(4) educational support provided to participants in the diversion pilot program; and 
54.12 	(5) the total number of participants in the diversion pilot program and the number of 
54.13 	participants who have terminated from the pilot program under subdivision 7, paragraph 
54.14 	(a), clauses (1) to (3).
54.15 	(b) The report must include recommendations regarding the future of the program 
54.16 	and any necessary legislative changes.
54.17 		Subd. 9.Sunset. The pilot project under this section expires June 30, 2011.

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

54.19 	Sec. 59. REVOCATION CENTER PILOT PROJECT; REPORT.
 54.20 	(a) The commissioner of corrections shall develop a pilot project for detention and 
54.21 	supervision of persons committed to the commissioner of corrections under Minnesota 
54.22 	Statutes, section 609.105. The proposal must address the care, custody, and programming 
54.23 	for offenders with remaining terms of imprisonment of less than one year. The proposal 
54.24 	must specify that eligible organizations include: (1) private vendors; (2) a county 
54.25 	partnership; (3) nonprofit entities; or (4) any other state partnerships that have facilities in 
54.26 	Hennepin or Ramsey Counties.
54.27 	(b) The commissioner must consider the following factors in developing the 
54.28 	proposal:
54.29 	(1) type and length of programming for short-term offenders, including supervision, 
54.30 	mental health and chemical dependency treatment options, and educational and vocational 
54.31 	training opportunities;
54.32 	(2) medical care;
54.33 	(3) the transport of offenders to and from any facility;
54.34 	(4) detailed current and future costs and per diems associated with the facility;
54.35 	(5) admission and release procedures of the proposed facility;
55.1 	(6) insurance of proposed vendor; and 
55.2 	(7) other factors deemed appropriate for consideration by the commissioner of 
55.3 	corrections. 
55.4 	(c) By January 15, 2010, the commissioner of corrections shall report by electronic 
55.5 	means the pilot project proposal to the chairs and ranking minority members of the senate 
55.6 	and house of representatives committees having jurisdiction over public safety policy and 
55.7 	finance. A written copy must be made available upon request.

55.8 	Sec. 60. COUNTY BASED REVOCATION CENTER PILOT PROJECT; 
55.9 	REPORT.
 55.10 	(a) Dodge, Fillmore, and Olmsted Counties; Tri-County Community Corrections; 
55.11 	Hennepin County; Ramsey County; and any other county or community corrections 
55.12 	department that wishes to participate may develop a proposal for a pilot project for 
55.13 	a secure residential center for the supervision of persons facing revocation of their 
55.14 	supervised release or execution of a stayed prison sentence. The proposal must address the 
55.15 	care, custody, and programming for offenders assigned to the facility as an intermediate 
55.16 	sanction prior to revocation or execution of a stayed prison sentence.
55.17 	(b) The counties must consider the following factors in developing the proposal:
55.18 	(1) type and length of programming for offenders, including supervision, mental 
55.19 	health and chemical dependency treatment options, and educational and employment 
55.20 	readiness opportunities;
55.21 	(2) medical care;
55.22 	(3) the transporting of offenders to and from any facility;
55.23 	(4) detailed current and future costs and per diems associated with the facility;
55.24 	(5) admission and release procedures of the facility;
55.25 	(6) intended outcomes of the pilot project; and
55.26 	(7) other factors deemed appropriate for consideration by the counties.
55.27 	(c) By December 1, 2009, any county that develops a pilot project shall report by 
55.28 	electronic means the pilot project proposal to the chairs and ranking minority members of 
55.29 	the senate and house of representatives committees having jurisdiction over public safety 
55.30 	policy and funding. A written copy must be made available upon request.

55.31 	Sec. 61.  REPEALER.
 55.32 	Minnesota Statutes 2008, sections 244.195, subdivision 5; 299C.61, subdivision 8; 
55.33 	299C.67, subdivision 3; 383B.65, subdivision 2; and 403.36, subdivision 1f, are repealed.