1.1 	A bill for an act
1.2 	relating to public safety; amending law and appropriating money for courts, 
1.3 	Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial 
1.4 	Standards, Board of Public Defense, human rights, Sentencing Guidelines 
1.5 	Commission, public safety, Peace Officers Standards and Training Board, Private 
1.6 	Detective Board, corrections, ombudsperson for corrections, and other related 
1.7 	matters; authorizing the placement of pregnant and postpartum female inmates in 
1.8 	community-based programs; expanding the duties of the commissioner of 
1.9 	corrections relating to releasing offenders; reestablishing a Legislative Commission 
1.10 	on Data Practices and Personal Data Privacy; establishing a 911 telecommunicator 
1.11 	working group to establish statewide standards for training and certification; 
1.12 	directing the Sentencing Guidelines Commission to increase the rankings for 
1.13 	certain child pornography crimes in a specified manner; establishing the crime of 
1.14 	child torture; increasing penalties for certain human trafficking offenses; increasing 
1.15 	penalties for patrons of prostitutes; increasing penalties for certain trespassing 
1.16 	offenses; modifying and clarifying criminal sexual conduct provisions; creating a 
1.17 	new crime of sexual extortion; imposing criminal penalties; requiring reports and 
1.18 	studies;amending Minnesota Statutes 2020, sections 2.722, subdivision 1; 243.166, 
1.19 	subdivision 1b; 244.065; 299A.52, subdivision 2; 299C.80, subdivision 3; 
1.20 	340A.504, subdivision 7; 363A.36, subdivision 2; 363A.44, subdivision 2; 403.11, 
1.21 	subdivision 1; 477A.03, subdivision 2b; 609.1095, subdivision 1; 609.131, 
1.22 	subdivision 2; 609.2325; 609.322, subdivisions 1, 1a; 609.324, subdivisions 2, 4; 
1.23 	609.3241; 609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 
1.24 	609.342; 609.343; 609.344; 609.345; 609.3451; 609.3455; 609.3459; 609.347, by 
1.25 	adding a subdivision; 609.352, subdivision 4; 609.605, subdivision 2; 611.27, 
1.26 	subdivisions 9, 10, 11, 13, 15; 628.26; Laws 2017, chapter 95, article 3, section 
1.27 	30; Laws 2020, Seventh Special Session chapter 2, article 2, section 4; proposing 
1.28 	coding for new law in Minnesota Statutes, chapters 3; 241; 609; repealing 
1.29 	Minnesota Statutes 2020, section 609.324, subdivision 3.
1.30 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.31 	ARTICLE 1
1.32 	APPROPRIATIONS

1.33	Section 1. APPROPRIATIONS.
 	
2.1 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
2.2 	and for the purposes specified in this article. The appropriations are from the general fund, 
2.3 	or another named fund, and are available for the fiscal years indicated for each purpose. 
2.4 	The figures "2022" and "2023" used in this article mean that the appropriations listed under 
2.5 	them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively. 
2.6 	"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium" 
2.7 	is fiscal years 2022 and 2023.

2.8				APPROPRIATIONS
	
2.9				Available for the Year
	
2.10				Ending June 30
	
2.11					2022
		2023

2.12	Sec. 2. SUPREME COURT

2.13	Subdivision 1.Total Appropriation
 	$
	61,474,000
	$
	60,004,000
	
2.14 	The amounts that may be spent for each 
2.15 	purpose are specified in the following 
2.16 	subdivisions.

2.17	Subd. 2.Supreme Court Operations
 		44,854,000
		43,384,000
	
2.18 	(a) Contingent Account. $5,000 each year is 
2.19 	for a contingent account for expenses 
2.20 	necessary for the normal operation of the court 
2.21 	for which no other reimbursement is provided.
2.22 	(b) Justices' Compensation. Justices' 
2.23 	compensation is increased by 2.5 percent in 
2.24 	the first year.
2.25 	(c) Online Court Record Access. $795,000 
2.26 	the first year is to fund critical improvements 
2.27 	to the Minnesota Court Record Online 
2.28 	application.
2.29 	(d) Cybersecurity. $500,000 the first year is 
2.30 	to fund critical improvements to the judiciary 
2.31 	branch cyber security program.
2.32 	(e) Courthouse Security Grants. $500,000 
2.33 	the first year is for a competitive grant 
2.34 	program established by the chief justice for 
3.1 	the distribution of safe and secure courthouse 
3.2 	fund grants to governmental entities 
3.3 	responsible for providing or maintaining a 
3.4 	courthouse or other facility where court 
3.5 	proceedings are held. Grant recipients must 
3.6 	provide a 50 percent nonstate match. This 
3.7 	appropriation is available until June 30, 2024.
3.8 	(f) Neuropsychological Examination 
3.9 	Feasibility Study. $30,000 the first year is for 
3.10 	the neuropsychological examination feasibility 
3.11 	study described in article 2, section 14.

3.12	Subd. 3.Civil Legal Services
 		16,620,000
		16,620,000
	
3.13 	Legal Services to Low-Income Clients in 
3.14 	Family Law Matters. $1,017,000 each year 
3.15 	is to improve the access of low-income clients 
3.16 	to legal representation in family law matters. 
3.17 	This appropriation must be distributed under 
3.18 	Minnesota Statutes, section 480.242, to the 
3.19 	qualified legal services program described in 
3.20 	Minnesota Statutes, section 480.242, 
3.21 	subdivision 2, paragraph (a). Any 
3.22 	unencumbered balance remaining in the first 
3.23 	year does not cancel and is available in the 
3.24 	second year.

3.25	Sec. 3. COURT OF APPEALS
 	$
	13,490,000
	$
	13,574,000
	
3.26 	Judges' Compensation. Judges' compensation 
3.27 	is increased by 2.5 percent in the first year.

3.28	Sec. 4. DISTRICT COURTS
 	$
	326,172,000
	$
	328,946,000
	
3.29 	(a) Judges' Compensation. Judges' 
3.30 	compensation is increased by 2.5 percent in 
3.31 	the first year.
3.32 	(b) New Judgeship. $482,000 the first year 
3.33 	and $449,000 the second year are for a new 
3.34 	judge unit in the Fifth Judicial District.

4.1	Sec. 5. GUARDIAN AD LITEM BOARD
 	$
	22,576,000
	$
	22,815,000

4.2	Sec. 6. TAX COURT
 	$
	1,827,000
	$
	1,841,000

4.3	Sec. 7. UNIFORM LAWS COMMISSION
 	$
	100,000
	$
	100,000

4.4	Sec. 8. BOARD ON JUDICIAL STANDARDS
 	$
	580,000
	$
	586,000
	
4.5 	If the appropriation for either year is 
4.6 	insufficient, the appropriation for the other 
4.7 	fiscal year is available.
4.8 	Major Disciplinary Actions. $125,000 each 
4.9 	year is for special investigative and hearing 
4.10 	costs for major disciplinary actions undertaken 
4.11 	by the board. This appropriation does not 
4.12 	cancel. Any unencumbered and unspent 
4.13 	balances remain available for these 
4.14 	expenditures until June 30, 2025.

4.15	Sec. 9. BOARD OF PUBLIC DEFENSE
 	$
	106,852,000
	$
	106,930,000
	
4.16 	Public Defense Corporations. $74,000 the 
4.17 	first year and $152,000 the second year are 
4.18 	for increases to public defense corporations.

4.19	Sec. 10. SENTENCING GUIDELINES
 	$
	740,000
	$
	765,000

4.20	Sec. 11. PUBLIC SAFETY

4.21	Subdivision 1.Total Appropriation
 	$
	205,786,000
	$
	204,412,000

4.22	Appropriations by Fund
	
4.23		2022
	2023
	
4.24	General
	123,277,000
	121,846,000
	
4.25	Special Revenue
	14,436,000
	14,502,000
	
4.26
4.27	State Government 
Special Revenue
	103,000
	103,000
	
4.28	Environmental
	73,000
	73,000
	
4.29	911 Fund
	67,897,000
	67,888,000
	
4.30 	The amounts that may be spent for each 
4.31 	purpose are specified in the following 
4.32 	subdivisions.

4.33	Subd. 2.Emergency Management
 		3,078,000
		3,078,000

5.1	Appropriations by Fund
	
5.2	General
	3,005,000
	3,005,000
	
5.3	Environmental
	73,000
	73,000
	
5.4 	(a) Supplemental Nonprofit Security Grants
5.5 	$225,000 each year is for supplemental 
5.6 	nonprofit security grants under this paragraph.
5.7 	Nonprofit organizations whose applications 
5.8 	for funding through the Federal Emergency 
5.9 	Management Agency's nonprofit security grant 
5.10 	program have been approved by the Division 
5.11 	of Homeland Security and Emergency 
5.12 	Management are eligible for grants under this 
5.13 	paragraph. No additional application shall be 
5.14 	required for grants under this paragraph, and 
5.15 	an application for a grant from the federal 
5.16 	program is also an application for funding 
5.17 	from the state supplemental program.
5.18 	Eligible organizations may receive grants of 
5.19 	up to $75,000, except that the total received 
5.20 	by any individual from both the federal 
5.21 	nonprofit security grant program and the state 
5.22 	supplemental nonprofit security grant program 
5.23 	shall not exceed $75,000. Grants shall be 
5.24 	awarded in an order consistent with the 
5.25 	ranking given to applicants for the federal 
5.26 	nonprofit security grant program. No grants 
5.27 	under the state supplemental nonprofit security 
5.28 	grant program shall be awarded until the 
5.29 	announcement of the recipients and the 
5.30 	amount of the grants awarded under the federal 
5.31 	nonprofit security grant program.
5.32 	The commissioner may use up to one percent 
5.33 	of the appropriation received under this 
5.34 	paragraph to pay costs incurred by the 
5.35 	department in administering the supplemental 
6.1 	nonprofit security grant program. These 
6.2 	appropriations are onetime.
6.3 	(b) School Safety Center
6.4 	$250,000 each year is for two school safety 
6.5 	specialists at the Minnesota School Safety 
6.6 	Center.

6.7	Subd. 3.Criminal Apprehension
 		76,481,000
		75,293,000

6.8	Appropriations by Fund
	
6.9	General
	76,474,000
	75,286,000
	
6.10
6.11	State Government 
Special Revenue
	7,000
	7,000
	
6.12 	(a) DWI Lab Analysis
6.13 	$2,429,000 each year is for staff and operating 
6.14 	costs for laboratory analysis related to 
6.15 	driving-while-impaired cases.
6.16 	(b) Use of Trunk Highway Funds; 
6.17 	Department of Public Safety
6.18 	Payment of expenses related to forensic 
6.19 	science services and other activities of the 
6.20 	Bureau of Criminal Apprehension do not 
6.21 	further a highway purpose under Minnesota 
6.22 	Statutes, section 161.20, subdivision 3, and 
6.23 	under article 14, sections 5, 6, and 9 of the 
6.24 	Minnesota Constitution. The commissioner of 
6.25 	public safety must not expend money from 
6.26 	the trunk highway fund for any purpose of the 
6.27 	Bureau of Criminal Apprehension.
6.28 	(c) Civil Unrest
6.29 	$539,000 the first year is for costs related to 
6.30 	responding to civil unrest.
6.31 	(d) Body Worn Cameras
6.32 	$397,000 the first year and $205,000 the 
6.33 	second year are for the purchase, 
7.1 	implementation, and maintenance of body 
7.2 	worn cameras.
7.3 	(e) Cybersecurity
7.4 	$2,611,000 the first year and $2,500,000 the 
7.5 	second year are for staff, hardware, and 
7.6 	software to upgrade critical network 
7.7 	infrastructure and support cybersecurity 
7.8 	compliance with standards set by the Federal 
7.9 	Bureau of Investigation. The base for this is 
7.10 	$1,002,000 in fiscal years 2024 and 2025.
7.11 	(f) Rapid DNA Program
7.12 	$285,000 each year is for the Rapid DNA 
7.13 	Program.
7.14 	(g) Additional Forensic Scientist
7.15 	$128,000 the first year and $113,000 the 
7.16 	second year are for one additional forensic 
7.17 	scientist.
7.18 	(h) Criminal Alert Network
7.19 	$200,000 the first year is for the criminal alert 
7.20 	network to increase membership, reduce the 
7.21 	registration fee, and create additional alert 
7.22 	categories, including at a minimum a dementia 
7.23 	and Alzheimer's disease specific category.
7.24 	(i) Additional Special Agent
7.25 	$160,000 each year is for one additional 
7.26 	special agent. This is a onetime appropriation.
7.27 	(j) Predatory Offender Statutory 
7.28 	Framework Working Group
7.29 	$131,000 the first year is to convene, 
7.30 	administer, and implement the predatory 
7.31 	offender statutory framework working group 
7.32 	described in article 4, section 22.

8.1	Subd. 4.Fire Marshal
 		8,752,000
		8,818,000

8.2	Appropriations by Fund
	
8.3	General
	178,000
	178,000
	
8.4	Special Revenue
	8,574,000
	8,640,000
	
8.5 	The special revenue fund appropriation is from 
8.6 	the fire safety account in the special revenue 
8.7 	fund and is for activities under Minnesota 
8.8 	Statutes, section 299F.012.
8.9 	(a) Inspections
8.10 	$300,000 each year is from the fire safety 
8.11 	account in the special revenue fund for 
8.12 	inspection of nursing homes and boarding care 
8.13 	facilities.
8.14 	(b) Hazmat and Chemical Assessment 
8.15 	Teams
8.16 	$950,000 the first year and $850,000 the 
8.17 	second year are from the fire safety account 
8.18 	in the special revenue fund. These amounts 
8.19 	must be used to fund the hazardous materials 
8.20 	and chemical assessment teams. Of this 
8.21 	amount, $100,000 the first year is for cases 
8.22 	for which there is no identified responsible 
8.23 	party. The base appropriation is $950,000 in 
8.24 	fiscal year 2024 and $850,000 in fiscal year 
8.25 	2025.
8.26 	(c) Bomb Squad Reimbursements
8.27 	$50,000 each year is from the general fund for 
8.28 	reimbursements to local governments for 
8.29 	bomb squad services.
8.30 	(d) Emergency Response Teams
8.31 	$675,000 each year is from the fire safety 
8.32 	account in the special revenue fund to maintain 
8.33 	four emergency response teams: one under the 
9.1 	jurisdiction of the St. Cloud Fire Department 
9.2 	or a similarly located fire department if 
9.3 	necessary; one under the jurisdiction of the 
9.4 	Duluth Fire Department; one under the 
9.5 	jurisdiction of the St. Paul Fire Department; 
9.6 	and one under the jurisdiction of the Moorhead 
9.7 	Fire Department.

9.8
9.9	Subd. 5.Firefighter Training and Education 
Board
 		5,792,000
		5,792,000

9.10	Appropriations by Fund
	
9.11	Special Revenue
	5,792,000
	5,792,000
	
9.12 	The special revenue fund appropriation is from 
9.13 	the fire safety account in the special revenue 
9.14 	fund and is for activities under Minnesota 
9.15 	Statutes, section 299F.012.

9.16	(a) Firefighter Training and Education
					
9.17 	$4,500,000 each year is for firefighter training 
9.18 	and education.
9.19 	(b) Task Force 1
9.20 	$975,000 each year is for the Minnesota Task 
9.21 	Force 1.
9.22 	(c) Air Rescue
9.23 	$317,000 each year is for the Minnesota Air 
9.24 	Rescue Team.

9.25	(d) Unappropriated Revenue
					
9.26 	Any additional unappropriated money 
9.27 	collected in fiscal year 2021 is appropriated 
9.28 	to the commissioner of public safety for the 
9.29 	purposes of Minnesota Statutes, section 
9.30 	299F.012. The commissioner may transfer 
9.31 	appropriations and base amounts between 
9.32 	activities in this subdivision.

9.33	Subd. 6.Alcohol and Gambling Enforcement
 		2,590,000
		2,497,000

10.1	Appropriations by Fund
	
10.2	General
	2,520,000
	2,427,000
	
10.3	Special Revenue
	70,000
	70,000
	
10.4 	$70,000 each year is from the lawful gambling 
10.5 	regulation account in the special revenue fund.
10.6 	(a) Legal Costs
10.7 	$93,000 the first year is for legal costs 
10.8 	associated with Alexis Bailly Vineyard, Inc. 
10.9 	v. Harrington.
10.10 	(b) Body Worn Cameras
10.11 	$16,000 each year is for the purchase, 
10.12 	implementation, and maintenance of body 
10.13 	worn cameras.

10.14	Subd. 7.Office of Justice Programs
 		41,196,000
		41,046,000

10.15	Appropriations by Fund
	
10.16	General
	41,100,000
	40,950,000
	
10.17
10.18	State Government 
Special Revenue
	96,000
	96,000
	
10.19 	(a) Administration Costs
10.20 	Of the grant funds appropriated in this 
10.21 	subdivision, up to $1,026,000 each year may 
10.22 	be used by the commissioner to administer the 
10.23 	grant programs.
10.24 	(b) Improving Retention in Domestic 
10.25 	Violence Programs
10.26 	$150,000 the first year is to develop an open 
10.27 	and competitive grant process to award a grant 
10.28 	to establish a pilot project to increase the rate 
10.29 	at which participants voluntarily complete a 
10.30 	person-centered, trauma-informed violence 
10.31 	prevention program by addressing the social 
10.32 	and economic barriers that inhibit program 
11.1 	completion. This appropriation is available 
11.2 	until June 30, 2024.
11.3 	The grant recipient shall have an established 
11.4 	program for individuals who have been 
11.5 	identified as using abusive behaviors within 
11.6 	a home or community setting. The established 
11.7 	program must apply evidence-based 
11.8 	interventions to equip participants with skills 
11.9 	and techniques to stop abusive behaviors as 
11.10 	they occur and prevent them from happening 
11.11 	in the future.
11.12 	The pilot project shall address financial, 
11.13 	transportation, food, housing, or social support 
11.14 	barriers in order to increase the rate of 
11.15 	participants completing the program. Money 
11.16 	may be used to advance program capacity, 
11.17 	reduce the administrative burden on program 
11.18 	staff, secure participant consent for 
11.19 	assessment, enhance measurement and 
11.20 	evaluation of the program, and provide other 
11.21 	services and support to increase the rate of 
11.22 	program completion while maintaining low 
11.23 	recidivism rates.
11.24 	By January 15, 2023, the grant recipient shall 
11.25 	provide a report to the Office of Justice 
11.26 	Programs identifying:
11.27 	(1) the number of individuals, including the 
11.28 	age, race, and sex of those individuals, who 
11.29 	were admitted into the program before and 
11.30 	after the pilot project began;
11.31 	(2) the number of individuals, including the 
11.32 	age, race, and sex of those individuals, who 
11.33 	completed the program before and after the 
11.34 	pilot project began;
12.1 	(3) the number of individuals, including the 
12.2 	age, race, and sex of those individuals, who 
12.3 	left the program prior to completion before 
12.4 	and after the pilot project began;
12.5 	(4) information on whether the individuals 
12.6 	were members of a two-parent or single-parent 
12.7 	home; and
12.8 	(5) any other relevant measurement and 
12.9 	evaluation of the pilot project, including 
12.10 	information related to social and economic 
12.11 	barriers that impact program completion rates.
12.12 	By January 15, 2024, the grant recipient shall 
12.13 	provide a report to the Office of Justice 
12.14 	Programs identifying the domestic violence 
12.15 	recidivism rate of individuals who completed 
12.16 	the program, including the age, race, and sex 
12.17 	of those individuals, before and after the pilot 
12.18 	project began.
12.19 	By February 15, 2024, the Office of Justice 
12.20 	Programs shall compile the information 
12.21 	received from the grant recipient and provide 
12.22 	that compilation to the senate and house of 
12.23 	representatives committees and divisions with 
12.24 	jurisdiction over public safety.
12.25 	(c) VCETs
12.26 	$1,000,000 each year is for additional violent 
12.27 	crime enforcement teams. The base for this is 
12.28 	$1,000,000 in fiscal years 2024 and 2025.
12.29 	Of this amount, $250,000 each year is a 
12.30 	onetime appropriation for a team to address 
12.31 	criminal activities in and around metropolitan 
12.32 	transit lines. This team must include members 
12.33 	from the Hennepin County Sheriff's Office, 
12.34 	the Ramsey County Sheriff's Office, the St. 
13.1 	Paul Police Department, the Minneapolis 
13.2 	Police Department, and the Metropolitan 
13.3 	Transit Police Department. The Hennepin 
13.4 	County Sheriff's Office shall serve as the 
13.5 	team's fiscal agent. By February 1, 2022, the 
13.6 	commissioner shall report to the chairs and 
13.7 	ranking minority members of the legislative 
13.8 	committees with jurisdiction over criminal 
13.9 	justice policy and funding on the activities of 
13.10 	the team. The report must detail the impact 
13.11 	the team had on reducing criminal activity in 
13.12 	and around metropolitan transit lines and 
13.13 	recommend whether to fund the team in the 
13.14 	future or whether the money for this would be 
13.15 	better directed towards other violent crime 
13.16 	enforcement teams.

13.17	Subd. 8.Emergency Communication Networks
 		67,897,000
		67,888,000
	
13.18 	This appropriation is from the state 
13.19 	government special revenue fund for 911 
13.20 	emergency telecommunications services.
13.21 	This appropriation includes funds for 
13.22 	information technology project services and 
13.23 	support subject to the provisions of Minnesota 
13.24 	Statutes, section 16E.0466. Any ongoing 
13.25 	information technology costs shall be 
13.26 	incorporated into the service level agreement 
13.27 	and shall be paid to the Office of MN.IT 
13.28 	Services by the Department of Public Safety 
13.29 	under the rates and mechanism specified in 
13.30 	that agreement.

13.31	(a) Public Safety Answering Points
					
13.32 	$27,328,000 the first year and $28,011,000 
13.33 	the second year shall be distributed as 
13.34 	provided in Minnesota Statutes, section 
14.1 	403.113, subdivision 2. The base for this is 
14.2 	$28,011,000 in fiscal years 2024 and 2025.

14.3	(b) Medical Resource Communication Centers
					
14.4 	$683,000 the first year is for grants to the 
14.5 	Minnesota Emergency Medical Services 
14.6 	Regulatory Board for the Metro East and 
14.7 	Metro West Medical Resource 
14.8 	Communication Centers that were in operation 
14.9 	before January 1, 2000.
14.10 	(c) ARMER State Backbone Operating 
14.11 	Costs
14.12 	$9,675,000 each year is transferred to the 
14.13 	commissioner of transportation for costs of 
14.14 	maintaining and operating the statewide radio 
14.15 	system backbone.
14.16 	(d) ARMER Improvements
14.17 	$1,000,000 each year is to the Statewide 
14.18 	Emergency Communications Board for 
14.19 	improvements to those elements of the 
14.20 	statewide public safety radio and 
14.21 	communication system that support mutual 
14.22 	aid communications and emergency medical 
14.23 	services or provide interim enhancement of 
14.24 	public safety communication interoperability 
14.25 	in those areas of the state where the statewide 
14.26 	public safety radio and communication system 
14.27 	is not yet implemented, and grants to local 
14.28 	units of government to further the strategic 
14.29 	goals set forth by the Statewide Emergency 
14.30 	Communications Board strategic plan.
14.31 	(e) 911 Telecommunicator Working Group
15.1 	$9,000 the first year is for the 911 
15.2 	Telecommunicator Working Group described 
15.3 	in article 2, section 15.

15.4
15.5	Sec. 12. PEACE OFFICER STANDARDS AND 
TRAINING (POST) BOARD

15.6	Subdivision 1.Total Appropriation
 	$
	11,401,000
	$
	11,423,000
	
15.7 	The amounts that may be spent for each 
15.8 	purpose are specified in the following 
15.9 	subdivisions.

15.10	Subd. 2.Peace Officer Training Reimbursements
 					
15.11 	$2,949,000 each year is for reimbursements 
15.12 	to local governments for peace officer training 
15.13 	costs.

15.14	Subd. 3.Peace Officer Training Assistance
 					
15.15 	$6,000,000 each year is to support and 
15.16 	strengthen law enforcement training and 
15.17 	implement best practices. The base for this 
15.18 	activity is $0 in fiscal year 2024 and thereafter.

15.19	Sec. 13. PRIVATE DETECTIVE BOARD
 	$
	282,000
	$
	288,000

15.20	Sec. 14. HUMAN RIGHTS
 	$
	5,371,000
	$
	5,371,000

15.21	Sec. 15. CORRECTIONS

15.22	Subdivision 1.Total Appropriation
 	$
	631,518,000
	$
	633,177,000
	
15.23 	The amounts that may be spent for each 
15.24 	purpose are specified in the following 
15.25 	subdivisions.

15.26	Subd. 2.Correctional Institutions
 		463,708,000
		465,367,000
	
15.27 	(a) Healthy Start Act
15.28 	$100,000 each year is to implement Minnesota 
15.29 	Statutes, section 244.065, subdivision 2, under 
15.30 	article 3, section 4, to create a release program 
15.31 	for pregnant women and new mothers.
16.1 	(b) Identification Cards, Medications, and 
16.2 	Homelessness Mitigation Plan
16.3 	$60,000 the first year and $48,000 the second 
16.4 	year are to implement the duties required in 
16.5 	Minnesota Statutes, sections 241.067 and 
16.6 	241.068.
16.7 	(c) Institutions Base Budget
16.8 	The general fund base for Department of 
16.9 	Corrections institutions is $465,368,000 in 
16.10 	fiscal year 2024 and $466,044,000 in fiscal 
16.11 	year 2025.

16.12	Subd. 3.Community Services
 		138,033,000
		138,033,000
	
16.13 	(a) Community Corrections Act Subsidy 
16.14 	Increase
16.15 	$1,250,000 each year is added to the 
16.16 	Community Corrections Act subsidy, as 
16.17 	described in Minnesota Statutes, section 
16.18 	401.14.
16.19 	(b) County Probation Officers 
16.20 	Reimbursement Increase
16.21 	$350,000 each year is for county probation 
16.22 	officers reimbursement, as described in 
16.23 	Minnesota Statutes, section 244.19, 
16.24 	subdivision 6.
16.25 	(c) Alternatives to Incarceration Program
16.26 	$320,000 each year is for funding to Crow 
16.27 	Wing County and Wright County to facilitate 
16.28 	access to community treatment options under 
16.29 	the alternatives to incarceration program 
16.30 	described in Laws 2017, chapter 95, article 3, 
16.31 	section 30, as amended by article 2, section 
16.32 	12.

17.1	Subd. 4.Operations Support
 		29,777,000
		29,777,000
	
17.2 	$600,000 each year is to increase support for 
17.3 	ongoing technology needs.

17.4
17.5	Sec. 16. OMBUDSPERSON FOR 
CORRECTIONS
 	$
	659,000
	$
	663,000

17.6
17.7	Sec. 17. LEGISLATIVE COORDINATING 
COMMISSION
 	$
	60,000
	$
	60,000
	
17.8 	$60,000 each year is for the Legislative 
17.9 	Commission on Data Practices under 
17.10 	Minnesota Statutes, section 3.8844.

17.11
17.12	Sec. 18. DISASTER CONTINGENCY 
ACCOUNT
 					
17.13 	$20,000,000 the first year is to the 
17.14 	commissioner of public safety for transfer to 
17.15 	the disaster assistance contingency account 
17.16 	established under Minnesota Statutes, section 
17.17 	12.221, subdivision 6.

17.18 	Sec. 19. CANCELLATION; FISCAL YEAR 2021
 17.19 	(a) Alcohol and Gambling Enforcement
17.20 	$132,000 of the fiscal year 2021 general fund 
17.21 	appropriation under Laws 2019, First Special 
17.22 	Session chapter 5, article 1, section 12, 
17.23 	subdivision 6, is canceled.
17.24 	(b) Office of Justice Programs
17.25 	$213,000 of the fiscal year 2021 general fund 
17.26 	appropriation under Laws 2019, First Special 
17.27 	Session chapter 5, article 1, section 12, 
17.28 	subdivision 7, is canceled.

18.1 	ARTICLE 2
18.2 	BUDGET-RELATED CHANGES

18.3 	Section 1. Minnesota Statutes 2020, section 299A.52, subdivision 2, is amended to read:
18.4 		Subd. 2.Expense recovery. The commissioner shall assess the responsible person for 
18.5 	the regional hazardous materials response team costs of response. The commissioner may 
18.6 	bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional 
18.7 	court costs. Any funds received by the commissioner under this subdivision are appropriated 
18.8 	to the commissioner to pay for costs for which the funds were received. Any remaining 
18.9 	funds at the end of the biennium shall be transferred to the Fire Safety Account.

18.10 	Sec. 2. Minnesota Statutes 2020, section 340A.504, subdivision 7, is amended to read:
18.11 		Subd. 7.Sales after 1:00 a.m.; permit fee. (a) No licensee may sell intoxicating liquor 
18.12 	or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the 
18.13 	licensee has obtained a permit from the commissioner. Application for the permit must be 
18.14 	on a form the commissioner prescribes. Permits are effective for one year from date of 
18.15 	issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's 
18.16 	gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in 
18.17 	which the permit is issued, and is at the following rates:
18.18 	(1) up to $100,000 in gross receipts, $300;
18.19 	(2) over $100,000 but not over $500,000 in gross receipts, $750; and
18.20 	(3) over $500,000 in gross receipts, $1,000.
18.21 	For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale 
18.22 	for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a 
18.23 	retailer of 3.2 percent malt liquor, the fee is $200.
18.24 	(b) The commissioner shall deposit all permit fees received under this subdivision in 
18.25 	the alcohol enforcement account in the special revenue general fund.
18.26 	(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish 
18.27 	to the commissioner the information necessary to administer and enforce this subdivision.

18.28 	Sec. 3. Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:
18.29 		Subd. 2.Filing fee; account; appropriation. The commissioner shall collect a $150
18.30 	$250 fee for each certificate of compliance issued by the commissioner or the commissioner's 
18.31 	designated agent. The proceeds of the fee must be deposited in a human rights fee special 
19.1 	revenue account. Money in the account is appropriated to the commissioner to fund the cost 
19.2 	of issuing certificates and investigating grievances.

19.3 	EFFECTIVE DATE. This section is effective for applications received on or after July 
19.4 	1, 2021.

19.5 	Sec. 4. Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:
19.6 		Subd. 2.Application. (a) A business shall apply for an equal pay certificate by paying 
19.7 	a $150 $250 filing fee and submitting an equal pay compliance statement to the 
19.8 	commissioner. The proceeds from the fees collected under this subdivision shall be deposited 
19.9 	in an equal pay certificate special revenue account. Money in the account is appropriated 
19.10 	to the commissioner for the purposes of this section. The commissioner shall issue an equal 
19.11 	pay certificate of compliance to a business that submits to the commissioner a statement 
19.12 	signed by the chairperson of the board or chief executive officer of the business:
19.13 	(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964, 
19.14 	Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal 
19.15 	Work Law;
19.16 	(2) that the average compensation for its female employees is not consistently below 
19.17 	the average compensation for its male employees within each of the major job categories 
19.18 	in the EEO-1 employee information report for which an employee is expected to perform 
19.19 	work under the contract, taking into account factors such as length of service, requirements 
19.20 	of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or 
19.21 	other mitigating factors;
19.22 	(3) that the business does not restrict employees of one sex to certain job classifications 
19.23 	and makes retention and promotion decisions without regard to sex;
19.24 	(4) that wage and benefit disparities are corrected when identified to ensure compliance 
19.25 	with the laws cited in clause (1) and with clause (2); and
19.26 	(5) how often wages and benefits are evaluated to ensure compliance with the laws cited 
19.27 	in clause (1) and with clause (2).
19.28 	(b) The equal pay compliance statement shall also indicate whether the business, in 
19.29 	setting compensation and benefits, utilizes:
19.30 	(1) a market pricing approach;
19.31 	(2) state prevailing wage or union contract requirements;
19.32 	(3) a performance pay system;
20.1 	(4) an internal analysis; or
20.2 	(5) an alternative approach to determine what level of wages and benefits to pay its 
20.3 	employees. If the business uses an alternative approach, the business must provide a 
20.4 	description of its approach.
20.5 	(c) Receipt of the equal pay compliance statement by the commissioner does not establish 
20.6 	compliance with the laws set forth in paragraph (a), clause (1).

20.7 	EFFECTIVE DATE. This section is effective for applications received on or after July 
20.8 	1, 2021.

20.9 	Sec. 5. Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:
20.10 		Subdivision 1.Emergency telecommunications service fee; account. (a) Each customer 
20.11 	of a wireless or wire-line switched or packet-based telecommunications service provider 
20.12 	connected to the public switched telephone network that furnishes service capable of 
20.13 	originating a 911 emergency telephone call is assessed a fee based upon the number of 
20.14 	wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 
20.15 	maintenance and related improvements for trunking and central office switching equipment 
20.16 	for 911 emergency telecommunications service, to offset administrative and staffing costs 
20.17 	of the commissioner related to managing the 911 emergency telecommunications service 
20.18 	program, to make distributions provided for in section 403.113, and to offset the costs, 
20.19 	including administrative and staffing costs, incurred by the State Patrol Division of the 
20.20 	Department of Public Safety in handling 911 emergency calls made from wireless phones.
20.21 	(b) Money remaining in the 911 emergency telecommunications service account after 
20.22 	all other obligations are paid must not cancel and is carried forward to subsequent years 
20.23 	and may be appropriated from time to time to the commissioner to provide financial 
20.24 	assistance to counties for the improvement of local emergency telecommunications services.
20.25 	(c) The fee may not be less than eight cents nor more than 65 cents a month until June 
20.26 	30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not 
20.27 	less than eight cents nor more than 85 cents a month until June 30, 2010, and not less than 
20.28 	eight cents nor more than 95 cents a month on or after July 1, 2010, for each customer access 
20.29 	line or other basic access service, including trunk equivalents as designated by the Public 
20.30 	Utilities Commission for access charge purposes and including wireless telecommunications 
20.31 	services. With the approval of the commissioner of management and budget, the 
20.32 	commissioner of public safety shall establish the amount of the fee within the limits specified 
20.33 	and inform the companies and carriers of the amount to be collected. When the revenue 
21.1 	bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the 
21.2 	commissioner shall reduce the fee to reflect that debt service on the bonds is no longer 
21.3 	needed. The commissioner shall provide companies and carriers a minimum of 45 days' 
21.4 	notice of each fee change. The fee must be the same for all customers, except that the fee 
21.5 	imposed under this subdivision does not apply to prepaid wireless telecommunications 
21.6 	service, which is instead subject to the fee imposed under section 403.161, subdivision 1, 
21.7 	paragraph (a).
21.8 	(d) The fee must be collected by each wireless or wire-line telecommunications service 
21.9 	provider subject to the fee. Fees are payable to and must be submitted to the commissioner 
21.10 	monthly before the 25th of each month following the month of collection, except that fees 
21.11 	may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a 
21.12 	month is due. Receipts must be deposited in the state treasury and credited to a 911 
21.13 	emergency telecommunications service account in the special revenue fund. The money in 
21.14 	the account may only be used for 911 telecommunications services.
21.15 	(e) Competitive local exchanges carriers holding certificates of authority from the Public 
21.16 	Utilities Commission are eligible to receive payment for recurring 911 services.

21.17 	Sec. 6. Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:
21.18 		Subd. 2b.Counties. (a) For aids payable in 2018 and 2019, the total aid payable under 
21.19 	section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated 
21.20 	as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020, 
21.21 	the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which 
21.22 	$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section 
21.23 	6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124, 
21.24 	subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under 
21.25 	Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the 
21.26 	total aid payable under section 477A.0124, subdivision 3, is $115,795,000. Each calendar 
21.27 	year, On or before the first installment date provided in section 477A.015, paragraph (a), 
21.28 	$500,000 of this appropriation shall be retained transferred each year by the commissioner 
21.29 	of revenue to make reimbursements to the commissioner of management and budget the 
21.30 	Board of Public Defense for payments made the payment of service under section 611.27. 
21.31 	The reimbursements shall be to defray the additional costs associated with court-ordered 
21.32 	counsel under section 611.27. Any retained transferred amounts not used for reimbursement
21.33 	expended or encumbered in a fiscal year shall be certified by the Board of Public Defense 
21.34 	to the commissioner of revenue on or before October 1 and shall be included in the next 
22.1 	distribution certification of county need aid that is certified to the county auditors for the 
22.2 	purpose of property tax reduction for the next taxes payable year.
22.3 	(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision 
22.4 	4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124, 
22.5 	subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under 
22.6 	section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall 
22.7 	transfer to the commissioner of management and budget $207,000 annually for the cost of 
22.8 	preparation of local impact notes as required by section 3.987, and other local government 
22.9 	activities. The commissioner of revenue shall transfer to the commissioner of education 
22.10 	$7,000 annually for the cost of preparation of local impact notes for school districts as 
22.11 	required by section 3.987. The commissioner of revenue shall deduct the amounts transferred 
22.12 	under this paragraph from the appropriation under this paragraph. The amounts transferred 
22.13 	are appropriated to the commissioner of management and budget and the commissioner of 
22.14 	education respectively.

22.15 	Sec. 7. Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:
22.16 		Subd. 9.Request for other appointment of counsel. The chief district public defender 
22.17 	with the approval of may request that the state public defender may request that the chief 
22.18 	judge of the district court, or a district court judge designated by the chief judge, authorize 
22.19 	appointment of counsel other than the district public defender in such cases.

22.20 	Sec. 8. Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:
22.21 		Subd. 10.Addition of permanent staff. The chief public defender may not request the 
22.22 	court nor may the court order state public defender approve the addition of permanent staff 
22.23 	under subdivision 7.

22.24 	Sec. 9. Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:
22.25 		Subd. 11.Appointment of counsel. If the court state public defender finds that the 
22.26 	provision of adequate legal representation, including associated services, is beyond the 
22.27 	ability of the district public defender to provide, the court shall order state public defender 
22.28 	may approve counsel to be appointed, with compensation and expenses to be paid under 
22.29 	the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed 
22.30 	by the chief district public defender. If the court issues an order denying the request, the 
22.31 	court shall make written findings of fact and conclusions of law. Upon denial, the chief 
23.1 	district public defender may immediately appeal the order denying the request to the court 
23.2 	of appeals and may request an expedited hearing.

23.3 	Sec. 10. Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:
23.4 		Subd. 13.Correctional facility inmates. All billings for services rendered and ordered 
23.5 	under subdivision 7 shall require the approval of the chief district public defender before 
23.6 	being forwarded on a monthly basis to the state public defender. In cases where adequate 
23.7 	representation cannot be provided by the district public defender and where counsel has 
23.8 	been appointed under a court order approved by the state public defender, the state public 
23.9 	defender Board of Public Defense shall forward to the commissioner of management and 
23.10 	budget pay all billings for services rendered under the court order. The commissioner shall 
23.11 	pay for services from county program aid retained transferred by the commissioner of 
23.12 	revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).
23.13 	The costs of appointed counsel and associated services in cases arising from new criminal 
23.14 	charges brought against indigent inmates who are incarcerated in a Minnesota state 
23.15 	correctional facility are the responsibility of the state Board of Public Defense. In such cases 
23.16 	the state public defender may follow the procedures outlined in this section for obtaining 
23.17 	court-ordered counsel.

23.18 	Sec. 11. Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:
23.19 		Subd. 15.Costs of transcripts. In appeal cases and postconviction cases where the 
23.20 	appellate public defender's office does not have sufficient funds to pay for transcripts and 
23.21 	other necessary expenses because it has spent or committed all of the transcript funds in its 
23.22 	annual budget, the state public defender may forward to the commissioner of management 
23.23 	and budget all billings for transcripts and other necessary expenses. The commissioner shall
23.24 	Board of Public Defense may pay for these transcripts and other necessary expenses from 
23.25 	county program aid retained transferred by the commissioner of revenue for that purpose 
23.26 	under section 477A.03, subdivision 2b, paragraph (a).

23.27 	Sec. 12. Laws 2017, chapter 95, article 3, section 30, is amended to read:
23.28 	Sec. 30. ALTERNATIVES TO INCARCERATION PILOT PROGRAM FUND.
 23.29 	(a) Agencies providing supervision to offenders on probation, parole, or supervised 
23.30 	release are eligible for grantsfunding to facilitate access to community options including, 
23.31 	but not limited to, inpatient chemical dependency treatment for nonviolent controlled 
24.1 	substance offenders to address and correct behavior that is, or is likely to result in, a technical 
24.2 	violation of the conditions of release. For purposes of this section, "nonviolent controlled 
24.3 	substance offender" is a person who meets the criteria described under Minnesota Statutes, 
24.4 	section 244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means 
24.5 	a violation of a court order of probation, condition of parole, or condition of supervised 
24.6 	release, except an allegation of a subsequent criminal act that is alleged in a formal complaint, 
24.7 	citation, or petition.
24.8 	(b) The Department of Corrections shall establish criteria for selecting grant recipients 
24.9 	and the amount awarded to each grant recipient issue annual funding of $160,000 to each  
24.10 	recipient.
24.11 	(c) By January 15, 2019, The commissioner of corrections shall submit a an annual
24.12 	report to the chairs of the house of representatives and senate committees with jurisdiction 
24.13 	over public safety policy and finance by January 15 of each year. At a minimum, the report 
24.14 	must include:
24.15 	(1) the total number of grants issued under this program;
24.16 	(2) the average amount of each grant;
24.17 	(3) (1) the community services accessed as a result of the grantsfunding;
24.18 	(4) (2) a summary of the type of supervision offenders were under when a grantfunding
24.19 	was used to help access a community option;
24.20 	(5) (3) the number of individuals who completed, and the number who failed to complete, 
24.21 	programs accessed as a result of this grantfunding; and
24.22 	(6) (4) the number of individuals who violated the terms of release following participation 
24.23 	in a program accessed as a result of this grantfunding, separating technical violations and 
24.24 	new criminal offenses.;
24.25 	(5) the number of individuals who completed or were discharged from probation after 
24.26 	participating in the program;
24.27 	(6) the number of individuals identified in clause (5) who committed a new offense after 
24.28 	discharge from the program;
24.29 	(7) identification of barriers nonviolent controlled substance offenders face in accessing 
24.30 	community services and a description of how the program navigates those barriers; and
24.31 	(8) identification of gaps in existing community services for nonviolent controlled 
24.32 	substance offenders.

25.1 	Sec. 13. Laws 2020, Seventh Special Session chapter 2, article 2, section 4, is amended 
25.2 	to read:
25.3 	Sec. 4. TRANSFER; ALCOHOL ENFORCEMENT ACCOUNT.
 25.4 	(a) By July 15, 2021, the commissioner of public safety must certify to the commissioner 
25.5 	of management and budget the amount of permit fees waived under section 3, clause (2), 
25.6 	during the period from January 1, 2021, to June 30, 2021, and the commissioner of 
25.7 	management and budget must transfer the certified amount from the general fund to the 
25.8 	alcohol enforcement account in the special revenue fund established under Minnesota 
25.9 	Statutes, section 299A.706.
25.10 	(b) By January 15, 2022, the commissioner of public safety must certify to the 
25.11 	commissioner of management and budget the amount of permit fees waived under section 
25.12 	3, clause (2), during the period from July 1, 2021, to December 31, 2021, and the 
25.13 	commissioner of management and budget must transfer the certified amount from the general 
25.14 	fund to the alcohol enforcement account in the special revenue fund established under 
25.15 	Minnesota Statutes, section 299A.706.

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

25.17 	Sec. 14. NEUROPSYCHOLOGICAL EXAMINATION FEASIBILITY STUDY.
 25.18 	(a) The state court administrator shall conduct a feasibility study on requiring courts to 
25.19 	order that individuals convicted of felony-level criminal offenses undergo a 
25.20 	neuropsychological examination to determine whether, due to a stroke,  traumatic brain 
25.21 	injury, or fetal alcohol spectrum disorder, the individual had a mental impairment that caused 
25.22 	the individual to lack substantial capacity for judgment when the offense was committed.
25.23 	(b) In conducting the study, the administrator shall consult with interested parties, 
25.24 	including but not limited to prosecutors, public defenders, private criminal defense attorneys, 
25.25 	law enforcement officials, probation officers, judges and employees of the judiciary, 
25.26 	corrections officials, mental health practitioners and treatment providers, individuals with 
25.27 	experience in conducting neuropsychological examinations, and individuals who have 
25.28 	experience in the criminal justice system with people who have suffered strokes, traumatic 
25.29 	brain injuries, and fetal alcohol spectrum disorder.
25.30 	(c) The study must make recommendations on whether the law should be changed to 
25.31 	require these examinations and, if so, the situations and conditions under which the 
25.32 	examinations should be required, including but not limited to:
26.1 	(1) the types of offenses the requirement should apply to;
26.2 	(2) how best to screen individuals to determine whether an examination should be 
26.3 	required;
26.4 	(3) situations in which an examination would not be required, potentially including 
26.5 	where a recent examination had been conducted;
26.6 	(4) the costs involved with requiring examinations and how best to pay for these costs; 
26.7 	and
26.8 	(5) the effect examination results should have on future proceedings involving the 
26.9 	individual, including sentencing and providing treatment.
26.10 	(d) By February 15, 2022, the state court administrator shall report to the chairs and 
26.11 	ranking minority members of the legislative committees with jurisdiction over criminal 
26.12 	justice policy and funding on the results of the study.

26.13 	Sec. 15. 911 TELECOMMUNICATOR WORKING GROUP.
 26.14 		Subdivision 1.Membership. (a) The commissioner of public safety shall convene a 911 
26.15 	telecommunicator working group that consists of the commissioner or a designee and one 
26.16 	representative of each of the following organizations:
26.17 	(1) the Minnesota Chiefs of Police Association;
26.18 	(2) the Minnesota Sheriffs' Association;
26.19 	(3) the Minnesota Police and Peace Officers Association;
26.20 	(4) the Emergency Communications Network;
26.21 	(5) the Minnesota State Fire Chiefs Association;
26.22 	(6) the Association of Minnesota Counties;
26.23 	(7) the League of Minnesota Cities;
26.24 	(8) Tribal dispatchers;
26.25 	(9) the Metropolitan Emergency Services Board;
26.26 	(10) the Emergency Medical Services Regulatory Board;
26.27 	(11) the Statewide Emergency Communications Board;
26.28 	(12) each of the Statewide Emergency Communications Board's seven regional boards;
26.29 	(13) mental health crisis team providers; and
27.1 	(14) the Minnesota Association of Public Safety Communications Officials (MN APCO) 
27.2 	and the National Emergency Number Association of Minnesota (NENA of MN).
27.3 	(b) The organizations specified in paragraph (a) shall provide the commissioner with a 
27.4 	designated member to serve on the working group by June 15, 2021. The commissioner 
27.5 	shall appoint these members to the working group. Appointments to the working group 
27.6 	must be made by July 1, 2021.
27.7 		Subd. 2.Duties; report. The working group must submit a report to the chairs and 
27.8 	ranking minority members of the legislative committees with jurisdiction over public safety 
27.9 	policy and finance by January 15, 2022. The report must:
27.10 	(1) recommend a statutory definition of 911 telecommunicators;
27.11 	(2) recommend minimum training and continuing education standards for certification 
27.12 	of 911 telecommunicators;
27.13 	(3) recommend standards for certification of 911 telecommunicators;
27.14 	(4) recommend funding options for mandated 911 telecommunicators training; and
27.15 	(5) provide other recommendations the working group deems appropriate.
27.16 		Subd. 3.First meeting; chair. The commissioner of public safety must convene the 
27.17 	first meeting of the working group by August 1, 2021. At the first meeting, the members 
27.18 	must elect a chair. The working group may conduct meetings remotely. The chair shall be 
27.19 	responsible for document management of materials for the working group.
27.20 		Subd. 4.Compensation; reimbursement. Members serve without compensation.
27.21 		Subd. 5.Administrative support. The commissioner of public safety must provide 
27.22 	administrative support to the working group.
27.23 		Subd. 6.Expiration. The working group expires January 15, 2022.

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

27.25 	Sec. 16. REVISOR INSTRUCTION.
 27.26 	In the next edition of Minnesota Statutes, the revisor of statutes shall codify the 
27.27 	alternatives to incarceration pilot project under section 12 to reflect that it is a permanent 
27.28 	program. The revisor may make editorial and other nonsubstantive language changes to 
27.29 	accomplish this.

28.1 	ARTICLE 3
28.2 	CRIMINAL AND PUBLIC SAFETY POLICY CHANGES RELATING TO THE 
28.3 	BUDGET

28.4 	Section 1. [3.8844] LEGISLATIVE COMMISSION ON DATA PRACTICES.
28.5 		Subdivision 1.Established. The Legislative Commission on Data Practices and Personal 
28.6 	Data Privacy is created to study issues relating to government data practices and individuals' 
28.7 	personal data privacy rights and to review legislation impacting data practices, data security, 
28.8 	and personal data privacy. The commission is a continuation of the commission that was 
28.9 	established by Laws 2014, chapter 193, as amended, and which expired June 30, 2019.
28.10 		Subd. 2.Membership. The commission consists of two senators appointed by the senate 
28.11 	majority leader, two senators appointed by the minority leader in the senate, two members 
28.12 	of the house of representatives appointed by the speaker, and two members of the house of 
28.13 	representatives appointed by the minority leader in the house. Two members from each 
28.14 	chamber must be from the majority party in that chamber and two members from each 
28.15 	chamber must be from the minority party in that chamber. Each appointing authority must 
28.16 	make appointments as soon as possible after the beginning of the regular legislative session 
28.17 	in the odd-numbered year. The ranking senator from the majority party appointed to the 
28.18 	commission must convene the first meeting of a biennium by February 15 in the 
28.19 	odd-numbered year. The commission may elect up to four former legislators who have 
28.20 	demonstrated an interest in, or have a history of working in, the areas of government data 
28.21 	practices and personal data privacy to serve as nonvoting members of the commission. The 
28.22 	former legislators must not be registered lobbyists and shall be compensated as provided 
28.23 	under section 15.0575, subdivision 3.
28.24 		Subd. 3.Terms; vacancies. Members of the commission serve for terms beginning upon 
28.25 	appointment and ending at the beginning of the regular legislative session in the next 
28.26 	odd-numbered year. The appropriate appointing authority must fill a vacancy for a seat of 
28.27 	a current legislator for the remainder of the unexpired term.
28.28 		Subd. 4.Officers. The commission must elect a chair and may elect other officers as it 
28.29 	determines are necessary. The chair alternates between a member of the senate and a member 
28.30 	of the house of representatives in January of each odd-numbered year.
28.31 		Subd. 5.Staff. Legislative staff must provide administrative and research assistance to 
28.32 	the commission. The Legislative Coordinating Commission may, if funding is available, 
28.33 	appoint staff to provide research assistance.
28.34 		Subd. 6.Duties. The commission shall:
29.1 	(1) review and provide the legislature with research and analysis of emerging issues 
29.2 	relating to government data practices and security and privacy of personal data;
29.3 	(2) review and make recommendations on legislative proposals relating to the Minnesota 
29.4 	Government Data Practices Act; and
29.5 	(3) review and make recommendations on legislative proposals impacting personal data 
29.6 	privacy rights, data security, and other related issues.

29.7 	EFFECTIVE DATE. This section is effective the day following final enactment. Initial 
29.8 	members of the commission serve for a term ending in January 2023. A member of the 
29.9 	house of representatives shall serve as the first chair of the commission. A member of the 
29.10 	senate shall serve as chair of the commission beginning in January 2023.

29.11 	Sec. 2. [241.067] RELEASE OF INMATES; DUTIES OF COMMISSIONER.
29.12 		Subdivision 1.Assistance relating to identification cards. (a) Upon the request of an 
29.13 	inmate, the commissioner, in collaboration with the Department of Public Safety, shall 
29.14 	facilitate the provision of a state identification card to an inmate at no cost to the inmate, 
29.15 	provided the inmate possesses the necessary qualifying documents to obtain the card. This 
29.16 	assistance does not apply to inmates who (1) upon intake have six months or less remaining 
29.17 	in their term of imprisonment, (2) already have other valid identification, (3) already have 
29.18 	a valid photograph on file with the Department of Public Safety that may be used as proof 
29.19 	of identity for renewing an identification document, or (4) are being imprisoned for a release 
29.20 	violation.
29.21 	(b) The commissioner shall inform inmates of the commissioner's duties under paragraph 
29.22 	(a) upon intake and again upon the initiation of release planning.
29.23 		Subd. 2.Medications. (a) When releasing an inmate from prison, the commissioner 
29.24 	shall provide the inmate with a one-month supply of any non-narcotic medications that have 
29.25 	been prescribed to the inmate and a prescription for a 30-day supply of these medications 
29.26 	that may be refilled twice.
29.27 	(b) Paragraph (a) applies only to the extent the requirement is consistent with clinical 
29.28 	guidelines and permitted under state and federal law.
29.29 	(c) Nothing in this subdivision overrides the requirements in section 244.054.

29.30 	EFFECTIVE DATE. This section is effective September 1, 2021.

30.1 	Sec. 3. [241.068] HOMELESSNESS MITIGATION PLAN; ANNUAL REPORTING 
30.2 	ON HOMELESSNESS.
30.3 		Subdivision 1.Homelessness mitigation plan; report. (a) The commissioner of 
30.4 	corrections shall develop and implement a homelessness mitigation plan for individuals 
30.5 	released from prison. At minimum, the plan must include:
30.6 	(1) redesigning of business practices and policies to boost efforts to prevent homelessness 
30.7 	for all persons released from prison;
30.8 	(2) efforts to increase interagency and intergovernmental collaboration between state 
30.9 	and local governmental units to identify and leverage shared resources; and
30.10 	(3) development of internal metrics for the agency to report on its progress towards 
30.11 	implementing the plan and achieving the plan's goals.
30.12 	(b) The commissioner shall submit the plan to the chairs and ranking minority members 
30.13 	of the legislative committees having jurisdiction over criminal justice policy and finance 
30.14 	by October 31, 2022.
30.15 		Subd. 2.Reporting on individuals released to homelessness. (a) By February 15 of 
30.16 	each year beginning in 2022, the commissioner shall report to the chairs and ranking minority 
30.17 	members of the legislative committees having jurisdiction over criminal justice policy and 
30.18 	finance and housing policy and finance the following information on adults, disaggregated 
30.19 	by race, gender, and county of release:
30.20 	(1) the total number released to homelessness from prison;
30.21 	(2) the total number released to homelessness by each Minnesota correctional facility;
30.22 	(3) the total number released to homelessness by county of release; and
30.23 	(4) the total number under supervised, intensive supervised, or conditional release 
30.24 	following release from prison who reported experiencing homelessness or a lack of housing 
30.25 	stability.
30.26 	(b) Beginning with the 2024 report and continuing until the 2033 report, the commissioner 
30.27 	shall include in the report required under paragraph (a), information detailing progress, 
30.28 	measures, and challenges to the implementation of the homelessness mitigation plan required 
30.29 	by subdivision 1.

30.30 	EFFECTIVE DATE. This section is effective July, 1, 2021.

31.1 	Sec. 4. Minnesota Statutes 2020, section 244.065, is amended to read:
31.2 	244.065 PRIVATE EMPLOYMENT OF INMATES OR SPECIALIZED 
31.3 	PROGRAMMING FOR PREGNANT INMATES OF STATE CORRECTIONAL 
31.4 	INSTITUTIONS IN COMMUNITY.
31.5 		Subdivision 1.Work. When consistent with the public interest and the public safety, 
31.6 	the commissioner of corrections may conditionally release an inmate to work at paid 
31.7 	employment, seek employment, or participate in a vocational training or educational program, 
31.8 	as provided in section 241.26, if the inmate has served at least one half of the term of 
31.9 	imprisonment.
31.10 		Subd. 2.Pregnancy. (a) In the furtherance of public interest and community safety, the 
31.11 	commissioner of corrections may conditionally release:
31.12 	(1) for up to one year postpartum, an inmate who gave birth within eight months of the 
31.13 	date of commitment; and
31.14 	(2) for the duration of the pregnancy and up to one year postpartum, an inmate who is 
31.15 	pregnant.
31.16 	(b) The commissioner may conditionally release an inmate under paragraph (a) to 
31.17 	community-based programming for the purpose of participation in prenatal or postnatal 
31.18 	care programming and to promote mother-child bonding in addition to other programming 
31.19 	requirements as established by the commissioner, including evidence-based parenting skills 
31.20 	programming; working at paid employment; seeking employment; or participating in 
31.21 	vocational training, an educational program, or chemical dependency or mental health 
31.22 	treatment services.
31.23 	(c) The commissioner shall develop policy and criteria to implement this subdivision 
31.24 	according to public safety and generally accepted correctional practice.
31.25 	(d) By April 1 of each year, the commissioner shall report to the chairs and ranking 
31.26 	minority members of the house of representatives and senate committees with jurisdiction 
31.27 	over corrections on the number of inmates released and the duration of the release under 
31.28 	this subdivision for the prior calendar year.

31.29 	Sec. 5. Minnesota Statutes 2020, section 299C.80, subdivision 3, is amended to read:
31.30 		Subd. 3.Additional duty. (a) The unit shall investigate all criminal sexual conduct 
31.31 	cases:
32.1 	(1) involving peace officers, including criminal sexual conduct cases involving chief 
32.2 	law enforcement officers; and
32.3 	(2) where a member of the Minnesota National Guard is the victim, the accused is a 
32.4 	member of the Minnesota National Guard, and the incident occurred in Minnesota.
32.5 	(b) The unit shall assist the agency investigating an alleged sexual assault of a member 
32.6 	of the Minnesota National Guard by another member of the Minnesota National Guard that 
32.7 	occurred in a jurisdiction outside of the state, if the investigating agency requests assistance 
32.8 	from the unit.
32.9 	(c) The unit may also investigate conflict of interest cases involving peace officers.

32.10 	Sec. 6. [609.1056] MILITARY VETERAN OFFENDERS RESTORATIVE JUSTICE 
32.11 	SENTENCE.
32.12 		Subdivision 1.Offenses as a result of military service; presentence supervision 
32.13 	procedures. (a) Except as provided for in subdivision 2, paragraph (f), in the case of a 
32.14 	person charged with a criminal offense that is either Severity Level 7, D7, or lower in the 
32.15 	Minnesota Sentencing Guidelines, including misdemeanor or gross misdemeanor offenses, 
32.16 	who could otherwise be sentenced to county jail or state prison and who alleges that the 
32.17 	offense was committed as a result of sexual trauma, traumatic brain injury, post-traumatic 
32.18 	stress disorder, substance abuse, or mental health conditions stemming from service in the 
32.19 	United States military, the court shall, prior to entering a plea of guilty, make a determination 
32.20 	as to whether the defendant was, or currently is, a member of the United States military and 
32.21 	whether the defendant may be suffering from sexual trauma, traumatic brain injury, 
32.22 	post-traumatic stress disorder, substance abuse, or mental health conditions as a result of 
32.23 	that person's service. The court may request, through existing resources, an assessment to 
32.24 	aid in that determination.
32.25 	(b) A defendant who requests to be sentenced under this section shall release or authorize 
32.26 	access to military service reports and records relating to the alleged conditions stemming 
32.27 	from service in the United States military. The records shall be filed as confidential and 
32.28 	remain sealed, except as provided for in this paragraph. The defendant, through existing 
32.29 	records or licensed professional evaluation, shall establish the diagnosis of the condition 
32.30 	and its connection to military service. The court, on the prosecutor's motion with notice to 
32.31 	defense counsel, may order the defendant to furnish to the court for in camera review or to 
32.32 	the prosecutor copies of all medical and military service reports and records previously or 
32.33 	subsequently made concerning the defendant's condition and its connection to service. Based 
32.34 	on the record, the court shall make findings on whether, by clear and convincing evidence, 
33.1 	the defendant suffers from a diagnosable condition and whether that condition stems from 
33.2 	service in the United States military. Within 15 days of the court's findings, either party 
33.3 	may file a challenge to the findings and demand a hearing on the defendant's eligibility 
33.4 	under this section.
33.5 	If the court determines that a defendant suffers from a substance abuse disorder, the court 
33.6 	shall order a Rule 25 assessment under Minnesota Rules, part 9530.6615, and follow the 
33.7 	recommendations contained in the assessment. If the court determines that a defendant 
33.8 	suffers from post-traumatic stress disorder, traumatic brain injury, or other mental health 
33.9 	conditions, the court shall order a mental health assessment conducted by a licensed mental 
33.10 	health professional and follow the recommendations contained in the examiner's report.
33.11 	(c) If the court concludes that a defendant who entered a plea of guilty to a criminal 
33.12 	offense is a person described in this subdivision or the parties stipulate to eligibility, and if 
33.13 	the defendant is otherwise eligible for probation, the court shall, upon the defendant entering 
33.14 	a plea of guilty, without entering a judgment of guilty and with the consent of the defendant, 
33.15 	prosecutor, and victim, defer further proceedings and place the defendant on probation upon 
33.16 	such reasonable conditions as it may require and for a period not to exceed the maximum 
33.17 	sentence provided for the violation unless extended by the court to complete treatment as 
33.18 	per section 609.135, subdivision 2, paragraph (h). If the veteran has previously received a 
33.19 	stay of adjudication for a felony offense under this section, the court may in its discretion 
33.20 	sentence consistent with this section or deny the use of this section on subsequent felony 
33.21 	offenses. If the court denies a stay of adjudication on this basis, the court may sentence 
33.22 	pursuant to the guidelines, application or waiver of statutory mandatory minimums, or a 
33.23 	departure pursuant to subdivision 2, paragraph (d).
33.24 	(d) Upon violation of a condition of the probation, the court may enter an adjudication 
33.25 	of guilt and proceed as otherwise provided by law, including sentencing pursuant to the 
33.26 	guidelines, application or waiver of statutory mandatory minimums, or a departure pursuant 
33.27 	to subdivision 2, paragraph (d).
33.28 	(e) As a condition of probation, the court may order the defendant to attend a local, state, 
33.29 	federal, or private nonprofit treatment program for a period not to exceed that period which 
33.30 	the defendant would have served in state prison or county jail, provided the court determines 
33.31 	that an appropriate treatment program exists. Pursuant to section 609.135, subdivision 2, 
33.32 	paragraph (h), the court may extend an offender's probation if the offender has not completed 
33.33 	court-ordered treatment.
34.1 	(f) The court, in making an order under this section to order a defendant to attend an 
34.2 	established treatment program, shall give preference to a treatment program that has a history 
34.3 	of successfully treating veterans who suffer from sexual trauma, traumatic brain injury, 
34.4 	post-traumatic stress disorder, substance abuse, or mental health conditions as a result of 
34.5 	that service, including but not limited to programs operated by the United States Department 
34.6 	of Defense or Veterans Affairs. If an appropriate treatment provider is not available in the 
34.7 	offender's county of residence or public funding is not available, the Minnesota Department 
34.8 	of Veterans Affairs shall coordinate with the United States Department of Veterans Affairs 
34.9 	to locate an appropriate treatment program and sources to fund the cost of the offender's 
34.10 	participation in the program.
34.11 	(g) The court and the assigned treatment program shall, when available, collaborate with 
34.12 	the county veterans service officer and the United States Department of Veterans Affairs 
34.13 	to maximize benefits and services provided to the veteran.
34.14 	(h) If available in the county or judicial district having jurisdiction over the case, the 
34.15 	defendant may be supervised by the veterans treatment court program under subdivision 3. 
34.16 	If there is a veterans treatment court that meets the requirements of subdivision 3 in the 
34.17 	county in which the defendant resides or works, supervision of the defendant may be 
34.18 	transferred to that county or judicial district veterans treatment court program. If the defendant 
34.19 	successfully completes the veterans treatment court program in the supervising jurisdiction, 
34.20 	that jurisdiction shall sentence the defendant under this section. If the defendant is 
34.21 	unsuccessful in the veterans treatment court program, the defendant's supervision shall be 
34.22 	returned to the jurisdiction that initiated the transfer for standard sentencing.
34.23 	(i) Sentencing pursuant to this section waives any right to administrative review pursuant 
34.24 	to section 169A.53, subdivision 1, or judicial review pursuant to section 169A.53, subdivision 
34.25 	2, for a license revocation or cancellation imposed pursuant to section 169A.52, and also 
34.26 	waives any right to administrative review pursuant to section 171.177, subdivision 10, or 
34.27 	judicial review pursuant to section 171.177, subdivision 11, for a license revocation or 
34.28 	cancellation imposed pursuant to section 171.177, if that license revocation or cancellation 
34.29 	is the result of the same incident that is being sentenced.
34.30 		Subd. 2.Restorative justice for military veterans; dismissal of charges. (a) It is in 
34.31 	the interest of justice to restore a defendant who acquired a criminal record due to a mental 
34.32 	health condition stemming from service in the United States military to the community of 
34.33 	law-abiding citizens. The restorative provisions of this subdivision apply to cases in which 
34.34 	a court monitoring the defendant's performance of probation under this section finds by 
34.35 	clear and convincing evidence at a public hearing, held after not less than 15 days' notice 
35.1 	to the prosecution, the defense, and any victim of the offense, that all of the following 
35.2 	describe the defendant:
35.3 	(1) the defendant was granted probation and was a person eligible under subdivision 1 
35.4 	at the time that probation was granted;
35.5 	(2) the defendant is in compliance with the conditions of that probation;
35.6 	(3) the defendant has successfully completed court-ordered treatment and services to 
35.7 	address the sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance 
35.8 	abuse, or mental health conditions stemming from military service;
35.9 	(4) the defendant does not represent a danger to the health and safety of others including 
35.10 	any victims; and
35.11 	(5) the defendant has demonstrated significant benefit from court-ordered education, 
35.12 	treatment, or rehabilitation to clearly show that granting restorative relief pursuant to this 
35.13 	subdivision would be in the interest of justice.
35.14 	(b) When determining whether granting restorative relief under this subdivision is in 
35.15 	the interest of justice, the court may consider, among other factors, all of the following:
35.16 	(1) the defendant's completion and degree of participation in education, treatment, and 
35.17 	rehabilitation as ordered by the court;
35.18 	(2) the defendant's progress in formal education;
35.19 	(3) the defendant's development of career potential;
35.20 	(4) the defendant's leadership and personal responsibility efforts;
35.21 	(5) the defendant's contribution of service in support of the community;
35.22 	(6) the level of harm to the community from the offense; and
35.23 	(7) the level of harm to the victim from the offense with the court's determination of 
35.24 	harm guided by the factors for evaluating injury and loss contained in the applicable victim's 
35.25 	rights provisions of chapter 611A.
35.26 	(c) If the court finds that a case satisfies each of the requirements described in paragraph 
35.27 	(a), then upon expiration of the period of probation the court shall discharge the defendant 
35.28 	and dismiss the proceedings against that defendant. Discharge and dismissal under this 
35.29 	subdivision shall be without court adjudication of guilt. The court shall maintain a public 
35.30 	record of the discharge and dismissal.
36.1 	(d) If the court finds that a defendant placed on probation under subdivision 1 does not 
36.2 	satisfy each of the requirements described in paragraph (a), the court shall enter an 
36.3 	adjudication of guilt and proceed as otherwise provided by law, including sentencing pursuant 
36.4 	to the guidelines, application or waiver of statutory mandatory minimums, or a departure 
36.5 	pursuant to paragraph (e).
36.6 	(e) If the charge to which the defendant entered a plea of guilty is listed under subdivision 
36.7 	1, paragraph (a), and is for an offense that is a presumptive commitment to state 
36.8 	imprisonment, the court may use the factors of paragraph (a) to justify a dispositional 
36.9 	departure or any appropriate sentence, including the application or waiver of statutory 
36.10 	mandatory minimums. If the court finds that paragraph (a), clauses (1) to (5), factors, the 
36.11 	defendant is presumed amenable to probation.
36.12 	(f) This subdivision does not apply to an offense for which registration is required under 
36.13 	section 243.166, subdivision 1b, a crime of violence as defined in section 624.712, 
36.14 	subdivision 5, or a gross misdemeanor or felony-level domestic violence offense.
36.15 		Subd. 3.Optional veterans treatment court program; procedures for eligible 
36.16 	defendants. (a) A county or judicial district may supervise probation under this section 
36.17 	through a veterans treatment court using county veterans service officers appointed under 
36.18 	sections 197.60 to 197.606, United States Department of Veterans Affairs veterans justice 
36.19 	outreach specialists, probation agents, and any other rehabilitative resources available to 
36.20 	the court.
36.21 	(b) "Veterans treatment court program" means a program that has the following essential 
36.22 	characteristics:
36.23 	(1) the integration of services in the processing of cases in the judicial system;
36.24 	(2) the use of a nonadversarial approach involving prosecutors and defense attorneys to 
36.25 	promote public safety and to protect the due process rights of program participants;
36.26 	(3) early identification and prompt placement of eligible participants in the program;
36.27 	(4) access to a continuum of alcohol, controlled substance, mental health, and other 
36.28 	related treatment and rehabilitative services;
36.29 	(5) careful monitoring of treatment and services provided to program participants;
36.30 	(6) a coordinated strategy to govern program responses to participants' compliance;
36.31 	(7) ongoing judicial interaction with program participants;
36.32 	(8) monitoring and evaluation of program goals and effectiveness;
37.1 	(9) continuing interdisciplinary education to promote effective program planning, 
37.2 	implementation, and operations;
37.3 	(10) development of partnerships with public agencies and community organizations, 
37.4 	including the United States Department of Veterans Affairs; and
37.5 	(11) inclusion of a participant's family members who agree to be involved in the treatment 
37.6 	and services provided to the participant under the program.
37.7 		Subd. 4.Creation of county and city diversion programs; authorization. Any county 
37.8 	or city may establish and operate a veterans pretrial diversion program for offenders eligible 
37.9 	under subdivision 1 without penalty under section 477A.0175. "Pretrial diversion" means 
37.10 	the decision of a prosecutor to refer an offender to a diversion program on condition that 
37.11 	the criminal charges against the offender shall be dismissed after a specified period of time, 
37.12 	or the case shall not be charged, if the offender successfully completes the program of 
37.13 	treatment recommended by the United States Department of Veterans Affairs or a local, 
37.14 	state, federal, or private nonprofit treatment program.

37.15 	EFFECTIVE DATE. This section is effective August 1, 2021.

37.16 	Sec. 7. Minnesota Statutes 2020, section 609.1095, subdivision 1, is amended to read:
37.17 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
37.18 	meanings given.
37.19 	(b) "Conviction" means any of the following accepted and recorded by the court: a plea 
37.20 	of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes 
37.21 	a conviction by any court in Minnesota or another jurisdiction.
37.22 	(c) "Prior conviction" means a conviction that occurred before the offender committed 
37.23 	the next felony resulting in a conviction and before the offense for which the offender is 
37.24 	being sentenced under this section.
37.25 	(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of 
37.26 	the following laws of this state or any similar laws of the United States or any other state: 
37.27 	sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 
37.28 	609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 
37.29 	609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.322; 
37.30 	609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, 
37.31 	subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision 
37.32 	of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony 
38.1 	penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15 
38.2 	years or more; or Minnesota Statutes 2012, section 609.21.

38.3 	EFFECTIVE DATE. This section is effective August 1, 2021.

38.4 	Sec. 8. Minnesota Statutes 2020, section 609.131, subdivision 2, is amended to read:
38.5 		Subd. 2.Certain violations excepted. Subdivision 1 does not apply to a misdemeanor 
38.6 	violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision 
38.7 	6; 609.224; 609.2242; 609.226; 609.324, subdivision 3;609.52; or 617.23, or an ordinance 
38.8 	that conforms in substantial part to any of those sections. A violation described in this 
38.9 	subdivision must be treated as a misdemeanor unless the defendant consents to the 
38.10 	certification of the violation as a petty misdemeanor.

38.11 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
38.12 	committed on or after that date.

38.13 	Sec. 9. Minnesota Statutes 2020, section 609.322, subdivision 1, is amended to read:
38.14 		Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking 
38.15 	in the first degree. (a) Whoever, while acting other than as a prostitute or patron, 
38.16 	intentionally does any of the following may be sentenced to imprisonment for not more 
38.17 	than 20 25 years or to payment of a fine of not more than $50,000, or both:
38.18 	(1) solicits or induces an individual under the age of 18 years to practice prostitution;
38.19 	(2) promotes the prostitution of an individual under the age of 18 years;
38.20 	(3) receives profit, knowing or having reason to know that it is derived from the 
38.21 	prostitution, or the promotion of the prostitution, of an individual under the age of 18 years; 
38.22 	or
38.23 	(4) engages in the sex trafficking of an individual under the age of 18 years.
38.24 	(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment 
38.25 	for not more than 25 30 years or to payment of a fine of not more than $60,000, or both, if 
38.26 	one or more of the following aggravating factors are present:
38.27 	(1) the offender has committed a prior qualified human trafficking-related offense;
38.28 	(2) the offense involved a sex trafficking victim who suffered bodily harm during the 
38.29 	commission of the offense;
39.1 	(3) the time period that a sex trafficking victim was held in debt bondage or forced labor 
39.2 	or services exceeded 180 days; or
39.3 	(4) the offense involved more than one sex trafficking victim.

39.4 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
39.5 	committed on or after that date.

39.6 	Sec. 10. Minnesota Statutes 2020, section 609.322, subdivision 1a, is amended to read:
39.7 		Subd. 1a.Solicitation, inducement, and promotion of prostitution; sex trafficking 
39.8 	in the second degree. Whoever, while acting other than as a prostitute or patron, intentionally 
39.9 	does any of the following may be sentenced to imprisonment for not more than 15 20 years 
39.10 	or to payment of a fine of not more than $40,000, or both:
39.11 	(1) solicits or induces an individual to practice prostitution;
39.12 	(2) promotes the prostitution of an individual;
39.13 	(3) receives profit, knowing or having reason to know that it is derived from the 
39.14 	prostitution, or the promotion of the prostitution, of an individual; or
39.15 	(4) engages in the sex trafficking of an individual.

39.16 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
39.17 	committed on or after that date.

39.18 	Sec. 11. Minnesota Statutes 2020, section 609.324, subdivision 2, is amended to read:
39.19 		Subd. 2.Patrons of prostitution in public place; penalty for patrons. (a) Whoever, 
39.20 	while acting as a patron, intentionally does any of the following while in a public place is 
39.21 	guilty of a gross misdemeanor:
39.22 	(1) engages in prostitution with an individual 18 years of age or older; or
39.23 	(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage 
39.24 	in sexual penetration or sexual contact.
39.25 	Except as otherwise provided in subdivision 4, a person who is convicted of violating this 
39.26 	subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.
39.27 	(b) Whoever violates the provisions of this subdivision within ten years of a previous 
39.28 	conviction for violating this section or section 609.322 is guilty of a felony and may be 
39.29 	sentenced to imprisonment for not more than five years or to payment of a fine of not more 
39.30 	than $10,000, or both.

40.1 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
40.2 	committed on or after that date.

40.3 	Sec. 12. Minnesota Statutes 2020, section 609.324, subdivision 4, is amended to read:
40.4 		Subd. 4.Community service in lieu of minimum fine. The court may order a person 
40.5 	convicted of violating subdivision 2 or 3 to perform community work service in lieu of all 
40.6 	or a portion of the minimum fine required under those subdivisions if the court makes 
40.7 	specific, written findings that the convicted person is indigent or that payment of the fine 
40.8 	would create undue hardship for the convicted person or that person's immediate family. 
40.9 	Community work service ordered under this subdivision is in addition to any mandatory 
40.10 	community work service ordered under subdivision 3.

40.11 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
40.12 	committed on or after that date.

40.13 	Sec. 13. Minnesota Statutes 2020, section 609.3241, is amended to read:
40.14 	609.3241 PENALTY ASSESSMENT AUTHORIZED.
40.15 	(a) When a court sentences an adult convicted of violating section 609.27, 609.282, 
40.16 	609.283, 609.322, 609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting 
40.17 	other than as a prostitute, the court shall impose an assessment of not less than $500 and 
40.18 	not more than $750 for a misdemeanor violation of section 609.27, a violation of section 
40.19 	609.324, subdivision 2, a misdemeanor violation of section 609.324, subdivision 3, a violation 
40.20 	of section 609.33, or a violation of section 617.293; otherwise the court shall impose an 
40.21 	assessment of not less than $750 and not more than $1,000. The assessment shall be 
40.22 	distributed as provided in paragraph (c) and is in addition to the surcharge required by 
40.23 	section 357.021, subdivision 6.
40.24 	(b) The court may not waive payment of the minimum assessment required by this 
40.25 	section. If the defendant qualifies for the services of a public defender or the court finds on 
40.26 	the record that the convicted person is indigent or that immediate payment of the assessment 
40.27 	would create undue hardship for the convicted person or that person's immediate family, 
40.28 	the court may reduce the amount of the minimum assessment to not less than $100. The 
40.29 	court also may authorize payment of the assessment in installments.
40.30 	(c) The assessment collected under paragraph (a) must be distributed as follows:
40.31 	(1) 40 percent of the assessment shall be forwarded to the political subdivision that 
40.32 	employs the arresting officer for use in enforcement, training, and education activities related 
41.1 	to combating sexual exploitation of youth, or if the arresting officer is an employee of the 
41.2 	state, this portion shall be forwarded to the commissioner of public safety for those purposes 
41.3 	identified in clause (3);
41.4 	(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled 
41.5 	the case for use in training and education activities relating to combating sexual exploitation 
41.6 	activities of youth; and
41.7 	(3) 40 percent of the assessment must be forwarded to the commissioner of health to be 
41.8 	deposited in the safe harbor for youth account in the special revenue fund and are 
41.9 	appropriated to the commissioner for distribution to crime victims services organizations 
41.10 	that provide services to sexually exploited youth, as defined in section 260C.007, subdivision 
41.11 	31.
41.12 	(d) A safe harbor for youth account is established as a special account in the state treasury.

41.13 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
41.14 	committed on or after that date.

41.15 	Sec. 14. Minnesota Statutes 2020, section 609.3459, is amended to read:
41.16 	609.3459 LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.
41.17 	(a) A victim of any violation of sections 609.342 to 609.3453 may initiate a law 
41.18 	enforcement investigation by contacting any law enforcement agency, regardless of where 
41.19 	the crime may have occurred. The agency must prepare a summary of the allegation and 
41.20 	provide the person with a copy of it. The agency must begin an investigation of the facts, 
41.21 	or, if the suspected crime was committed in a different jurisdiction, refer the matter along 
41.22 	with the summary to the law enforcement agency where the suspected crime was committed 
41.23 	for an investigation of the facts. If the agency learns that both the victim and the accused 
41.24 	are members of the Minnesota National Guard, the agency receiving the report must refer 
41.25 	the matter along with the summary to the Bureau of Criminal Apprehension for investigation 
41.26 	pursuant to section 299C.80.
41.27 	(b) If a law enforcement agency refers the matter to the law enforcement agency where 
41.28 	the crime was committed, it need not include the allegation as a crime committed in its 
41.29 	jurisdiction for purposes of information that the agency is required to provide to the 
41.30 	commissioner of public safety pursuant to section 299C.06, but must confirm that the other 
41.31 	law enforcement agency has received the referral.

42.1 	Sec. 15. Minnesota Statutes 2020, section 609.352, subdivision 4, is amended to read:
42.2 		Subd. 4.Penalty. A person convicted under subdivision 2 or 2a is guilty of a felony and 
42.3 	may be sentenced to imprisonment for not more than three five years, or to payment of a 
42.4 	fine of not more than $5,000 $10,000, or both.

42.5 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
42.6 	committed on or after that date.

42.7 	Sec. 16. [609.3775] CHILD TORTURE.
42.8 		Subdivision 1.Definition. As used in this section, "torture" means the intentional 
42.9 	infliction of extreme mental anguish, or extreme psychological or physical abuse, when 
42.10 	committed in an especially depraved manner.
42.11 		Subd. 2.Crime. A person who tortures a child is guilty of a felony and may be sentenced 
42.12 	to imprisonment for not more than 25 years or to payment of a fine of not more than $35,000, 
42.13 	or both.
42.14 		Subd. 3.Proof; evidence. (a) Expert testimony as to the existence or extent of  mental 
42.15 	anguish or psychological abuse is not a requirement for a conviction under this section.
42.16 	(b) A child's special susceptibility to mental anguish or psychological abuse does not 
42.17 	constitute an independent cause of the condition so that a defendant is exonerated from 
42.18 	criminal liability.
42.19 	(c) Proof that a victim suffered pain is not an element of a violation of this section.

42.20 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
42.21 	committed on or after that date.

42.22 	Sec. 17. Minnesota Statutes 2020, section 609.605, subdivision 2, is amended to read:
42.23 		Subd. 2.Gross misdemeanor. Whoever trespasses upon the grounds of a facility 
42.24 	providing emergency shelter services for battered women, as defined under section 611A.31, 
42.25 	subdivision 3, or providing comparable services for sex trafficking victims, as defined under 
42.26 	section 609.321, subdivision 7b, or of a facility providing transitional housing for battered 
42.27 	women and their children or sex trafficking victims and their children, without claim of 
42.28 	right or consent of one who has right to give consent, and refuses to depart from the grounds 
42.29 	of the facility on demand of one who has right to give consent, is guilty of a gross 
42.30 	misdemeanor.

43.1 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
43.2 	committed on or after that date.

43.3 	Sec. 18. INITIAL APPOINTMENTS AND MEETINGS.
 43.4 	Appointing authorities for the Legislative Commission on Data Practices under Minnesota 
43.5 	Statutes, section 3.8844, must make initial appointments by June 1, 2021. The speaker of 
43.6 	the house of representatives must designate one member of the commission to convene the 
43.7 	first meeting of the commission by June 15, 2021.

43.8 	Sec. 19. SENTENCING GUIDELINES COMPREHENSIVE REVIEW.
 43.9 	The Sentencing Guidelines Commission shall comprehensively review and consider 
43.10 	modifying how the Sentencing Guidelines and the sex offender grid address the crimes 
43.11 	described in Minnesota Statutes, section 609.322.

43.12 	EFFECTIVE DATE. This section is effective August 1, 2021.

43.13 	Sec. 20. SENTENCING GUIDELINES COMMISSION DIRECTED TO INCREASE 
43.14 	THE RANKINGS FOR CERTAIN CHILD PORNOGRAPHY CRIMES.
 43.15 	The Sentencing Guidelines Commission is directed to increase the severity rankings on 
43.16 	the sex offender grid for a violation of Minnesota Statutes, section 617.247, subdivision 3, 
43.17 	paragraph (b), from severity level D to C, and subdivision 4, paragraph (b), from severity 
43.18 	level F to E, consistent with the recommendations contained in the minority report in the 
43.19 	commission's 2021 report to the legislature. The other modifications to the grid relating to 
43.20 	child pornography crimes proposed in the main report are adopted.

43.21 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
43.22 	committed on or after that date.

43.23 	Sec. 21. REPEALER.
 43.24 	Minnesota Statutes 2020, section 609.324, subdivision 3, is repealed.

43.25 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
43.26 	committed on or after that date.

44.1 	ARTICLE 4
44.2 	CRIMINAL SEXUAL CONDUCT CHANGES

44.3 	Section 1. Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:
44.4 		Subdivision 1.Description. Effective July 1, 1959, the state is divided into ten judicial 
44.5 	districts composed of the following named counties, respectively, in each of which districts 
44.6 	judges shall be chosen as hereinafter specified:
44.7 	1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four 
44.8 	permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe 
44.9 	and one other shall be maintained at the place designated by the chief judge of the district;
44.10 	2. Ramsey; 26 judges;
44.11 	3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, 
44.12 	and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert 
44.13 	Lea, Austin, Rochester, and Winona;
44.14 	4. Hennepin; 60 judges;
44.15 	5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, 
44.16 	Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 1617 judges; and 
44.17 	permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and 
44.18 	Mankato;
44.19 	6. Carlton, St. Louis, Lake, and Cook; 15 judges;
44.20 	7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and 
44.21 	Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus 
44.22 	Falls, Little Falls, and St. Cloud;
44.23 	8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big 
44.24 	Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers 
44.25 	shall be maintained in Morris, Montevideo, and Willmar;
44.26 	9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, 
44.27 	Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and 
44.28 	Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief 
44.29 	River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
44.30 	10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 
44.31 	judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places 
44.32 	designated by the chief judge of the district.

45.1 	Sec. 2. Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:
45.2 		Subd. 1b.Registration required. (a) A person shall register under this section if:
45.3 	(1) the person was charged with or petitioned for a felony violation of or attempt to 
45.4 	violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
45.5 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
45.6 	of circumstances:
45.7 	(i) murder under section 609.185, paragraph (a), clause (2);
45.8 	(ii) kidnapping under section 609.25;
45.9 	(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, 
45.10 	subdivision 3; or 609.3453;
45.11 	(iv) indecent exposure under section 617.23, subdivision 3; or
45.12 	(v) surreptitious intrusion under the circumstances described in section 609.746, 
45.13 	subdivision 1, paragraph (f);
45.14 	(2) the person was charged with or petitioned for a violation of, or attempt to violate, or 
45.15 	aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated 
45.16 	delinquent for that offense or another offense arising out of the same set of circumstances:
45.17 	(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
45.18 	(ii) false imprisonment in violation of section 609.255, subdivision 2;
45.19 	(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in 
45.20 	the sex trafficking of a minor in violation of section 609.322;
45.21 	(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
45.22 	(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, 
45.23 	subdivision 2 or 2a, clause (1);
45.24 	(vi) using a minor in a sexual performance in violation of section 617.246; or
45.25 	(vii) possessing pornographic work involving a minor in violation of section 617.247;
45.26 	(3) the person was sentenced as a patterned sex offender under section 609.3455, 
45.27 	subdivision 3a; or
45.28 	(4) the person was charged with or petitioned for, including pursuant to a court martial, 
45.29 	violating a law of the United States, including the Uniform Code of Military Justice, similar 
46.1 	to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent 
46.2 	for that offense or another offense arising out of the same set of circumstances.
46.3 	Notwithstanding clause (1), item (iii), a person is not required to register based on conduct 
46.4 	described in section 609.3451, subdivision 3, paragraph (a), unless the person has previously 
46.5 	been convicted of violating section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3453; 
46.6 	617.23, subdivision 2, clause (2), or 3; or 617.247.
46.7 	(b) A person also shall register under this section if:
46.8 	(1) the person was charged with or petitioned for an offense in another state that would 
46.9 	be a violation of a law described in paragraph (a) if committed in this state and convicted 
46.10 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
46.11 	of circumstances;
46.12 	(2) the person enters this state to reside, work, or attend school, or enters this state and 
46.13 	remains for 14 days or longer or for an aggregate period of time exceeding 30 days during 
46.14 	any calendar year; and
46.15 	(3) ten years have not elapsed since the person was released from confinement or, if the 
46.16 	person was not confined, since the person was convicted of or adjudicated delinquent for 
46.17 	the offense that triggers registration, unless the person is subject to a longer registration 
46.18 	period under the laws of another state in which the person has been convicted or adjudicated, 
46.19 	or is subject to lifetime registration.
46.20 	If a person described in this paragraph is subject to a longer registration period in another 
46.21 	state or is subject to lifetime registration, the person shall register for that time period 
46.22 	regardless of when the person was released from confinement, convicted, or adjudicated 
46.23 	delinquent.
46.24 	(c) A person also shall register under this section if the person was committed pursuant 
46.25 	to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 
46.26 	253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the 
46.27 	United States, regardless of whether the person was convicted of any offense.
46.28 	(d) A person also shall register under this section if:
46.29 	(1) the person was charged with or petitioned for a felony violation or attempt to violate 
46.30 	any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or 
46.31 	the United States, or the person was charged with or petitioned for a violation of any of the 
46.32 	offenses listed in paragraph (a), clause (2), or a similar law of another state or the United 
46.33 	States;
47.1 	(2) the person was found not guilty by reason of mental illness or mental deficiency 
47.2 	after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
47.3 	states with a guilty but mentally ill verdict; and
47.4 	(3) the person was committed pursuant to a court commitment order under section 
47.5 	253B.18 or a similar law of another state or the United States.

47.6 	Sec. 3. Minnesota Statutes 2020, section 609.2325, is amended to read:
47.7 	609.2325 CRIMINAL ABUSE.
47.8 		Subdivision 1.Crimes. (a) A caregiver who, with intent to produce physical or mental 
47.9 	pain or injury to a vulnerable adult, subjects a vulnerable adult to any aversive or deprivation 
47.10 	procedure, unreasonable confinement, or involuntary seclusion, is guilty of criminal abuse 
47.11 	and may be sentenced as provided in subdivision 3.
47.12 	This paragraph subdivision does not apply to therapeutic conduct.
47.13 	(b) A caregiver, facility staff person, or person providing services in a facility who 
47.14 	engages in sexual contact or penetration, as defined in section 609.341, under circumstances 
47.15 	other than those described in sections 609.342 to 609.345, with a resident, patient, or client 
47.16 	of the facility is guilty of criminal abuse and may be sentenced as provided in subdivision 
47.17 	3.
47.18 		Subd. 2.Exemptions. For the purposes of this section, a vulnerable adult is not abused 
47.19 	for the sole reason that:
47.20 	(1) the vulnerable adult or a person with authority to make health care decisions for the 
47.21 	vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 
47.22 	253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with 
47.23 	that authority and within the boundary of reasonable medical practice, to any therapeutic 
47.24 	conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical 
47.25 	or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition 
47.26 	and hydration parenterally or through intubation; this paragraph does not enlarge or diminish 
47.27 	rights otherwise held under law by:
47.28 	(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an 
47.29 	involved family member, to consent to or refuse consent for therapeutic conduct; or
47.30 	(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or
47.31 	(2) the vulnerable adult, a person with authority to make health care decisions for the 
47.32 	vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or 
48.1 	prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of 
48.2 	medical care, provided that this is consistent with the prior practice or belief of the vulnerable 
48.3 	adult or with the expressed intentions of the vulnerable adult; or.
48.4 	(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or 
48.5 	emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a 
48.6 	person, including a facility staff person, when a consensual sexual personal relationship 
48.7 	existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of 
48.8 	whether the consensual sexual personal relationship existed prior to the caregiving 
48.9 	relationship.
48.10 		Subd. 3.Penalties. (a) A person who violates subdivision 1, paragraph (a), may be 
48.11 	sentenced as follows:
48.12 	(1) if the act results in the death of a vulnerable adult, imprisonment for not more than 
48.13 	15 years or payment of a fine of not more than $30,000, or both;
48.14 	(2) if the act results in great bodily harm, imprisonment for not more than ten years or 
48.15 	payment of a fine of not more than $20,000, or both;
48.16 	(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not 
48.17 	more than five years or payment of a fine of not more than $10,000, or both; or
48.18 	(4) in other cases, imprisonment for not more than one year or payment of a fine of not 
48.19 	more than $3,000, or both.
48.20 	(b) A person who violates subdivision 1, paragraph (b), may be sentenced to imprisonment 
48.21 	for not more than one year or to payment of a fine of not more than $3,000, or both.

48.22 	Sec. 4. Minnesota Statutes 2020, section 609.341, subdivision 3, is amended to read:
48.23 		Subd. 3.Force. "Force" means either: (1) the infliction, by the actor of bodily harm; or 
48.24 	(2) the attempted infliction, or threatened infliction by the actor of bodily harm or commission 
48.25 	or threat of any other crime by the actor against the complainant or another, which (a) causes 
48.26 	the complainant to reasonably believe that the actor has the present ability to execute the 
48.27 	threat and (b) if the actor does not have a significant relationship to the complainant, also 
48.28 	causes the complainant to submit.

48.29 	Sec. 5. Minnesota Statutes 2020, section 609.341, subdivision 7, is amended to read:
48.30 		Subd. 7.Mentally incapacitated. "Mentally incapacitated" means:
49.1 	(1) that a person under the influence of alcohol, a narcotic, anesthetic, or any other 
49.2 	substance, administered to that person without the person's agreement, lacks the judgment 
49.3 	to give a reasoned consent to sexual contact or sexual penetration; or
49.4 	(2) that a person is under the influence of any substance or substances to a degree that 
49.5 	renders them incapable of consenting or incapable of appreciating, understanding, or 
49.6 	controlling the person's conduct.

49.7 	Sec. 6. Minnesota Statutes 2020, section 609.341, subdivision 11, is amended to read:
49.8 		Subd. 11.Sexual contact. (a) "Sexual contact," for the purposes of sections 609.343, 
49.9 	subdivision 1, clauses (a) to (f) (e), and subdivision 1a, clauses (a) to (f) and (i), and 609.345, 
49.10 	subdivision 1, clauses (a) to (e), (d) and (h) to (p) (i), and subdivision 1a, clauses (a) to (e), 
49.11 	(h), and (i), includes any of the following acts committed without the complainant's consent, 
49.12 	except in those cases where consent is not a defense, and committed with sexual or aggressive 
49.13 	intent:
49.14 	(i) the intentional touching by the actor of the complainant's intimate parts, or
49.15 	(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate 
49.16 	parts effected by a person in a current or recent position of authority, or by coercion, or by 
49.17 	inducement if the complainant is under 13 14 years of age or mentally impaired, or
49.18 	(iii) the touching by another of the complainant's intimate parts effected by coercion or 
49.19 	by a person in a current or recent position of authority, or
49.20 	(iv) in any of the cases above, the touching of the clothing covering the immediate area 
49.21 	of the intimate parts, or
49.22 	(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's 
49.23 	body or the clothing covering the complainant's body.
49.24 	(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1 1a, clauses (g) 
49.25 	and (h), and 609.345, subdivision 1 1a, clauses (f) and (g), includes any of the following 
49.26 	acts committed with sexual or aggressive intent:
49.27 	(i) the intentional touching by the actor of the complainant's intimate parts;
49.28 	(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate 
49.29 	parts;
49.30 	(iii) the touching by another of the complainant's intimate parts;
50.1 	(iv) in any of the cases listed above, touching of the clothing covering the immediate 
50.2 	area of the intimate parts; or
50.3 	(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's 
50.4 	body or the clothing covering the complainant's body.
50.5 	(c) "Sexual contact with a person under 13 14" means the intentional touching of the 
50.6 	complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with 
50.7 	sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening 
50.8 	of the actor's or another's bare genitals or anal opening with sexual or aggressive intent.

50.9 	Sec. 7. Minnesota Statutes 2020, section 609.341, subdivision 12, is amended to read:
50.10 		Subd. 12.Sexual penetration. "Sexual penetration" means any of the following acts 
50.11 	committed without the complainant's consent, except in those cases where consent is not a 
50.12 	defense, whether or not emission of semen occurs:
50.13 	(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
50.14 	(2) any intrusion however slight into the genital or anal openings:
50.15 	(i) of the complainant's body by any part of the actor's body or any object used by the 
50.16 	actor for this purpose;
50.17 	(ii) of the complainant's body by any part of the body of the complainant, by any part 
50.18 	of the body of another person, or by any object used by the complainant or another person 
50.19 	for this purpose, when effected by a person in a current or recent position of authority, or 
50.20 	by coercion, or by inducement if the child is under 13 14 years of age or mentally impaired; 
50.21 	or
50.22 	(iii) of the body of the actor or another person by any part of the body of the complainant 
50.23 	or by any object used by the complainant for this purpose, when effected by a person in a 
50.24 	current or recent position of authority, or by coercion, or by inducement if the child is under 
50.25 	13 14 years of age or mentally impaired.

50.26 	Sec. 8. Minnesota Statutes 2020, section 609.341, subdivision 14, is amended to read:
50.27 		Subd. 14.Coercion. "Coercion" means the use by the actor of words or circumstances 
50.28 	that cause the complainant reasonably to fear that the actor will inflict the infliction of bodily 
50.29 	harm upon the complainant or another, or the use by the actor of confinement, or superior 
50.30 	size or strength, against the complainant that causes the complainant to submit to sexual 
51.1 	penetration or contact against the complainant's will to accomplish the act. Proof of coercion 
51.2 	does not require proof of a specific act or threat.

51.3 	Sec. 9. Minnesota Statutes 2020, section 609.341, subdivision 15, is amended to read:
51.4 		Subd. 15.Significant relationship. "Significant relationship" means a situation in which 
51.5 	the actor is:
51.6 	(1) the complainant's parent, stepparent, or guardian;
51.7 	(2) any of the following persons related to the complainant by blood, marriage, or 
51.8 	adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, 
51.9 	grandparent, great-grandparent, great-uncle, great-aunt; or
51.10 	(3) an adult who jointly resides intermittently or regularly in the same dwelling as the 
51.11 	complainant and who is not the complainant's spouse; or
51.12 	(4) an adult who is or was involved in a significant romantic or sexual relationship with 
51.13 	the parent of a complainant.

51.14 	Sec. 10. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
51.15 	to read:
51.16 		Subd. 24.Prohibited occupational relationship. A "prohibited occupational 
51.17 	relationship" exists when the actor is in one of the following occupations and the act takes 
51.18 	place under the specified circumstances:
51.19 	(1) the actor performed massage or other bodywork for hire, the sexual penetration or 
51.20 	sexual contact occurred during or immediately before or after the actor performed or was 
51.21 	hired to perform one of those services for the complainant, and the sexual penetration or 
51.22 	sexual contact was nonconsensual; or
51.23 	(2) the actor and the complainant were in one of the following occupational relationships 
51.24 	at the time of the act. Consent by the complainant is not a defense:
51.25 	(i) the actor was a psychotherapist, the complainant was the actor's patient, and the sexual 
51.26 	penetration or sexual contact occurred during a psychotherapy session or during a period 
51.27 	of time when the psychotherapist-patient relationship was ongoing;
51.28 	(ii) the actor was a psychotherapist and the complainant was the actor's former patient 
51.29 	who was emotionally dependent on the actor;
52.1 	(iii) the actor was or falsely impersonated a psychotherapist, the complainant was the 
52.2 	actor's patient or former patient, and the sexual penetration or sexual contact occurred by 
52.3 	means of therapeutic deception;
52.4 	(iv) the actor was or falsely impersonated a provider of medical services to the 
52.5 	complainant and the sexual penetration or sexual contact occurred by means of deception 
52.6 	or false representation that the sexual penetration or sexual contact was for a bona fide 
52.7 	medical purpose;
52.8 	(v) the actor was or falsely impersonated a member of the clergy, the complainant was 
52.9 	not married to the actor, the complainant met with the actor in private seeking or receiving 
52.10 	religious or spiritual advice, aid, or comfort from the actor, and the sexual penetration or 
52.11 	sexual contact occurred during the course of the meeting or during a period of time when 
52.12 	the meetings were ongoing;
52.13 	(vi) the actor provided special transportation service to the complainant and the sexual 
52.14 	penetration or sexual contact occurred during or immediately before or after the actor 
52.15 	transported the complainant;
52.16 	(vii) the actor was or falsely impersonated a peace officer, as defined in section 626.84, 
52.17 	the actor physically or constructively restrained the complainant or the complainant did not 
52.18 	reasonably feel free to leave the actor's presence, and the sexual penetration or sexual contact 
52.19 	was not pursuant to a lawful search or lawful use of force;
52.20 	(viii) the actor was an employee, independent contractor, or volunteer of a state, county, 
52.21 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
52.22 	or treatment facility providing services to clients civilly committed as mentally ill and 
52.23 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including but 
52.24 	not limited to jails, prisons, detention centers, or work release facilities, and the complainant 
52.25 	was a resident of a facility or under supervision of the correctional system;
52.26 	(ix) the complainant was enrolled in a secondary school and:
52.27 	(A) the actor was a licensed educator employed or contracted to provide service for the 
52.28 	school at which the complainant was a student;
52.29 	(B) the actor was age 18 or older and at least 48 months older than the complainant and 
52.30 	was employed or contracted to provide service for the secondary school at which the 
52.31 	complainant was a student; or
53.1 	(C) the actor was age 18 or older and at least 48 months older than the complainant, and 
53.2 	was a licensed educator employed or contracted to provide services for an elementary, 
53.3 	middle, or secondary school;
53.4 	(x) the actor was a caregiver, facility staff person, or person providing services in a 
53.5 	facility, as defined under section 609.232, subdivision 3, and the complainant was a 
53.6 	vulnerable adult who was a resident, patient, or client of the facility who was impaired in 
53.7 	judgment or capacity by mental or emotional dysfunction or undue influence; or
53.8 	(xi) the actor was a caregiver, facility staff person, or person providing services in a 
53.9 	facility, and the complainant was a resident, patient, or client of the facility. This clause 
53.10 	does not apply if a consensual sexual personal relationship existed prior to the caregiving 
53.11 	relationship or if the actor was a personal care attendant.

53.12 	Sec. 11. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
53.13 	to read:
53.14 		Subd. 25.Caregiver. "Caregiver" has the meaning given in section 609.232, subdivision 
53.15 	2.

53.16 	Sec. 12. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
53.17 	to read:
53.18 		Subd. 26.Facility. "Facility" has the meaning given in section 609.232, subdivision 3.

53.19 	Sec. 13. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
53.20 	to read:
53.21 		Subd. 27.Vulnerable adult. "Vulnerable adult" has the meaning given in section 
53.22 	609.232, subdivision 11.

53.23 	Sec. 14. Minnesota Statutes 2020, section 609.342, is amended to read:
53.24 	609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
53.25 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual penetration 
53.26 	with another person, or in sexual contact with a person under 13 years of age as defined in 
53.27 	section 609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the 
53.28 	first degree if any of the following circumstances exists:
54.1 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
54.2 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
54.3 	the complainant is a defense;
54.4 	(b) the complainant is at least 13 years of age but less than 16 years of age and the actor 
54.5 	is more than 48 months older than the complainant and in a current or recent position of 
54.6 	authority over the complainant. Neither mistake as to the complainant's age nor consent to 
54.7 	the act by the complainant is a defense;
54.8 	(c) (a) circumstances existing at the time of the act cause the complainant to have a 
54.9 	reasonable fear of imminent great bodily harm to the complainant or another;
54.10 	(d) (b) the actor is armed with a dangerous weapon or any article used or fashioned in 
54.11 	a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
54.12 	uses or threatens to use the weapon or article to cause the complainant to submit;
54.13 	(e) (c) the actor causes personal injury to the complainant, and eitherany of the following 
54.14 	circumstances exist:
54.15 	(i) the actor uses force or coercion to accomplish the act; or
54.16 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
54.17 	(ii) (iii) the actor knows or has reason to know that the complainant is mentally impaired, 
54.18 	mentally incapacitated, or physically helpless;
54.19 	(d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
54.20 	(f) (e) the actor is aided or abetted by one or more accomplices within the meaning of 
54.21 	section 609.05, and either of the following circumstances exists:
54.22 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
54.23 	or
54.24 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
54.25 	fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous 
54.26 	weapon and uses or threatens to use the weapon or article to cause the complainant to 
54.27 	submit;.
54.28 	(g) the actor has a significant relationship to the complainant and the complainant was 
54.29 	under 16 years of age at the time of the act. Neither mistake as to the complainant's age nor 
54.30 	consent to the act by the complainant is a defense; or
54.31 	(h) the actor has a significant relationship to the complainant, the complainant was under 
54.32 	16 years of age at the time of the act, and:
55.1 	(i) the actor or an accomplice used force or coercion to accomplish the act;
55.2 	(ii) the complainant suffered personal injury; or
55.3 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
55.4 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
55.5 	a defense.
55.6 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in 
55.7 	penetration with anyone under 18 years of age or sexual contact with a person under 14 
55.8 	years of age as defined in section 609.341, subdivision 11, paragraph (c), is guilty of criminal 
55.9 	sexual conduct in the first degree if any of the following circumstances exists:
55.10 	(a) circumstances existing at the time of the act cause the complainant to have a 
55.11 	reasonable fear of imminent great bodily harm to the complainant or another;
55.12 	(b) the actor is armed with a dangerous weapon or any article used or fashioned in a 
55.13 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
55.14 	or threatens to use the weapon or article to cause the complainant to submit;
55.15 	(c) the actor causes personal injury to the complainant, and any of the following 
55.16 	circumstances exist:
55.17 	(i) the actor uses coercion to accomplish the act;
55.18 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
55.19 	(iii) the actor knows or has reason to know that the complainant is mentally impaired, 
55.20 	mentally incapacitated, or physically helpless;
55.21 	(d) the actor is aided or abetted by one or more accomplices within the meaning of 
55.22 	section 609.05, and either of the following circumstances exists:
55.23 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
55.24 	or
55.25 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
55.26 	fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous 
55.27 	weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
55.28 	(e) the complainant is under 14 years of age and the actor is more than 36 months older 
55.29 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
55.30 	the complainant is a defense;
55.31 	(f) the complainant is at least 14 years of age but less than 16 years of age and:
56.1 	(i) the actor is more than 36 months older than the complainant; and
56.2 	(ii) the actor is in a current or recent position of authority over the complainant.
56.3 	Neither mistake as to the complainant's age nor consent to the act by the complainant is a 
56.4 	defense;
56.5 	(g) the complainant was under 16 years of age at the time of the act and the actor has a 
56.6 	significant relationship to the complainant. Neither mistake as to the complainant's age nor 
56.7 	consent to the act by the complainant is a defense;
56.8 	(h) the complainant was under 16 years of age at the time of the act, and the actor has 
56.9 	a significant relationship to the complainant and any of the following circumstances exist:
56.10 	(i) the actor or an accomplice used force or coercion to accomplish the act;
56.11 	(ii) the complainant suffered personal injury; or
56.12 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
56.13 	Neither mistake as to the complainant's age nor consent to the act by the complainant is a 
56.14 	defense; or
56.15 	(i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
56.16 		Subd. 2.Penalty. (a) Except as otherwise provided in section 609.3455; or Minnesota 
56.17 	Statutes 2004, section 609.109, a person convicted under subdivision 1 or subdivision 1a 
56.18 	may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of 
56.19 	not more than $40,000, or both.
56.20 	(b) Unless a longer mandatory minimum sentence is otherwise required by law or the 
56.21 	Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall 
56.22 	presume that an executed sentence of 144 months must be imposed on an offender convicted 
56.23 	of violating this section. Sentencing a person in a manner other than that described in this 
56.24 	paragraph is a departure from the Sentencing Guidelines.
56.25 	(c) A person convicted under this section is also subject to conditional release under 
56.26 	section 609.3455.
56.27 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
56.28 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
56.29 	clause (g), the court may stay imposition or execution of the sentence if it finds that:
56.30 	(a) a stay is in the best interest of the complainant or the family unit; and
57.1 	(b) a professional assessment indicates that the offender has been accepted by and can 
57.2 	respond to a treatment program.
57.3 	If the court stays imposition or execution of sentence, it shall include the following as 
57.4 	conditions of probation:
57.5 	(1) incarceration in a local jail or workhouse;
57.6 	(2) a requirement that the offender complete a treatment program; and
57.7 	(3) a requirement that the offender have no unsupervised contact with the complainant 
57.8 	until the offender has successfully completed the treatment program unless approved by 
57.9 	the treatment program and the supervising correctional agent.

57.10 	Sec. 15. Minnesota Statutes 2020, section 609.343, is amended to read:
57.11 	609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.
57.12 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual contact 
57.13 	with another person is guilty of criminal sexual conduct in the second degree if any of the 
57.14 	following circumstances exists:
57.15 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
57.16 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
57.17 	the complainant is a defense. In a prosecution under this clause, the state is not required to 
57.18 	prove that the sexual contact was coerced;
57.19 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
57.20 	48 months older than the complainant and in a current or recent position of authority over 
57.21 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
57.22 	complainant is a defense;
57.23 	(c) (a) circumstances existing at the time of the act cause the complainant to have a 
57.24 	reasonable fear of imminent great bodily harm to the complainant or another;
57.25 	(d) (b) the actor is armed with a dangerous weapon or any article used or fashioned in 
57.26 	a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
57.27 	uses or threatens to use the dangerous weapon to cause the complainant to submit;
57.28 	(e) (c) the actor causes personal injury to the complainant, and eitherany of the following 
57.29 	circumstances exist:
57.30 	(i) the actor uses force or coercion to accomplish the sexual contact; or
57.31 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
58.1 	(ii) (iii) the actor knows or has reason to know that the complainant is mentally impaired, 
58.2 	mentally incapacitated, or physically helpless;
58.3 	(d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
58.4 	(f) (e) the actor is aided or abetted by one or more accomplices within the meaning of 
58.5 	section 609.05, and either of the following circumstances exists:
58.6 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
58.7 	or
58.8 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
58.9 	fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous 
58.10 	weapon and uses or threatens to use the weapon or article to cause the complainant to 
58.11 	submit;.
58.12 	(g) the actor has a significant relationship to the complainant and the complainant was 
58.13 	under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's 
58.14 	age nor consent to the act by the complainant is a defense; or
58.15 	(h) the actor has a significant relationship to the complainant, the complainant was under 
58.16 	16 years of age at the time of the sexual contact, and:
58.17 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
58.18 	(ii) the complainant suffered personal injury; or
58.19 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
58.20 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
58.21 	a defense.
58.22 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in sexual 
58.23 	contact with anyone under 18 years of age is guilty of criminal sexual conduct in the second 
58.24 	degree if any of the following circumstances exists:
58.25 	(a) circumstances existing at the time of the act cause the complainant to have a 
58.26 	reasonable fear of imminent great bodily harm to the complainant or another;
58.27 	(b) the actor is armed with a dangerous weapon or any article used or fashioned in a 
58.28 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
58.29 	or threatens to use the dangerous weapon to cause the complainant to submit;
58.30 	(c) the actor causes personal injury to the complainant, and any of the following 
58.31 	circumstances exist:
59.1 	(i) the actor uses coercion to accomplish the sexual contact;
59.2 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
59.3 	(iii) the actor knows or has reason to know that the complainant is mentally impaired, 
59.4 	mentally incapacitated, or physically helpless;
59.5 	(d) the actor is aided or abetted by one or more accomplices within the meaning of 
59.6 	section 609.05, and either of the following circumstances exists:
59.7 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
59.8 	or
59.9 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
59.10 	fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous 
59.11 	weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
59.12 	(e) the complainant is under 14 years of age and the actor is more than 36 months older 
59.13 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
59.14 	the complainant is a defense. In a prosecution under this clause, the state is not required to 
59.15 	prove that the sexual contact was coerced;
59.16 	(f) the complainant is at least 14 but less than 16 years of age and the actor is more than 
59.17 	36 months older than the complainant and in a current or recent position of authority over 
59.18 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
59.19 	complainant is a defense;
59.20 	(g) the complainant was under 16 years of age at the time of the sexual contact and the 
59.21 	actor has a significant relationship to the complainant. Neither mistake as to the complainant's 
59.22 	age nor consent to the act by the complainant is a defense;
59.23 	(h) the actor has a significant relationship to the complainant, the complainant was under 
59.24 	16 years of age at the time of the sexual contact, and:
59.25 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
59.26 	(ii) the complainant suffered personal injury; or
59.27 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
59.28 	Neither mistake as to the complainant's age nor consent to the act by the complainant is a 
59.29 	defense; or
59.30 	(i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
60.1 		Subd. 2.Penalty. (a) Except as otherwise provided in section 609.3455; or Minnesota 
60.2 	Statutes 2004, section 609.109, a person convicted under subdivision 1 or subdivision 1a 
60.3 	may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of 
60.4 	not more than $35,000, or both.
60.5 	(b) Unless a longer mandatory minimum sentence is otherwise required by law or the 
60.6 	Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall 
60.7 	presume that an executed sentence of 90 months must be imposed on an offender convicted 
60.8 	of violating subdivision 1, clause (a), (b), (c), (d), or (e), (f), or subdivision 1a, clause (a), 
60.9 	(b), (c), (d),or (h), or (i). Sentencing a person in a manner other than that described in this 
60.10 	paragraph is a departure from the Sentencing Guidelines.
60.11 	(c) A person convicted under this section is also subject to conditional release under 
60.12 	section 609.3455.
60.13 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
60.14 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
60.15 	clause (g), the court may stay imposition or execution of the sentence if it finds that:
60.16 	(a) a stay is in the best interest of the complainant or the family unit; and
60.17 	(b) a professional assessment indicates that the offender has been accepted by and can 
60.18 	respond to a treatment program.
60.19 	If the court stays imposition or execution of sentence, it shall include the following as 
60.20 	conditions of probation:
60.21 	(1) incarceration in a local jail or workhouse;
60.22 	(2) a requirement that the offender complete a treatment program; and
60.23 	(3) a requirement that the offender have no unsupervised contact with the complainant 
60.24 	until the offender has successfully completed the treatment program unless approved by 
60.25 	the treatment program and the supervising correctional agent.

60.26 	Sec. 16. Minnesota Statutes 2020, section 609.344, is amended to read:
60.27 	609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.
60.28 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual penetration 
60.29 	with another person is guilty of criminal sexual conduct in the third degree if any of the 
60.30 	following circumstances exists:
61.1 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
61.2 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
61.3 	act by the complainant shall be a defense;
61.4 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
61.5 	24 months older than the complainant. In any such case if the actor is no more than 120 
61.6 	months older than the complainant, it shall be an affirmative defense, which must be proved 
61.7 	by a preponderance of the evidence, that the actor reasonably believes the complainant to 
61.8 	be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not 
61.9 	be a defense. Consent by the complainant is not a defense;
61.10 	(c) (a) the actor uses force or coercion to accomplish the penetration;
61.11 	(d) (b) the actor knows or has reason to know that the complainant is mentally impaired, 
61.12 	mentally incapacitated, or physically helpless;
61.13 	(c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
61.14 	(d) at the time of the act, the actor is in a prohibited occupational relationship with the 
61.15 	complainant.
61.16 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in sexual 
61.17 	penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the 
61.18 	third degree if any of the following circumstances exists:
61.19 	(a) the complainant is under 14 years of age and the actor is no more than 36 months 
61.20 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
61.21 	act by the complainant shall be a defense;
61.22 	(b) the complainant is at least 14 but less than 16 years of age and the actor is more than 
61.23 	36 months older than the complainant. In any such case if the actor is no more than 60 
61.24 	months older than the complainant, it shall be an affirmative defense, which must be proved 
61.25 	by a preponderance of the evidence, that the actor reasonably believes the complainant to 
61.26 	be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not 
61.27 	be a defense. Consent by the complainant is not a defense;
61.28 	(c) the actor uses coercion to accomplish the penetration;
61.29 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
61.30 	mentally incapacitated, or physically helpless;
61.31 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
61.32 	48 36 months older than the complainant and in a current or recent position of authority 
62.1 	over the complainant. Neither mistake as to the complainant's age nor consent to the act by 
62.2 	the complainant is a defense;
62.3 	(f) the actor has a significant relationship to the complainant and the complainant was 
62.4 	at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake 
62.5 	as to the complainant's age nor consent to the act by the complainant is a defense;
62.6 	(g) the actor has a significant relationship to the complainant, the complainant was at 
62.7 	least 16 but under 18 years of age at the time of the sexual penetration, and:
62.8 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
62.9 	(ii) the complainant suffered personal injury; or
62.10 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
62.11 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
62.12 	a defense;
62.13 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
62.14 	and the sexual penetration occurred:the actor uses force, as defined in section 609.341, 
62.15 	subdivision 3, clause (2); or
62.16 	(i) at the time of the act, the actor is in a prohibited occupational relationship with the 
62.17 	complainant.
62.18 	(i) during the psychotherapy session; or
62.19 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
62.20 	exists.
62.21 	Consent by the complainant is not a defense;
62.22 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
62.23 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
62.24 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
62.25 	the sexual penetration occurred by means of therapeutic deception. Consent by the 
62.26 	complainant is not a defense;
62.27 	(k) the actor accomplishes the sexual penetration by means of deception or false 
62.28 	representation that the penetration is for a bona fide medical purpose. Consent by the 
62.29 	complainant is not a defense;
62.30 	(1) the actor is or purports to be a member of the clergy, the complainant is not married 
62.31 	to the actor, and:
63.1 	(i) the sexual penetration occurred during the course of a meeting in which the 
63.2 	complainant sought or received religious or spiritual advice, aid, or comfort from the actor 
63.3 	in private; or
63.4 	(ii) the sexual penetration occurred during a period of time in which the complainant 
63.5 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
63.6 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
63.7 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
63.8 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
63.9 	or treatment facility providing services to clients civilly committed as mentally ill and 
63.10 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
63.11 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
63.12 	is a resident of a facility or under supervision of the correctional system. Consent by the 
63.13 	complainant is not a defense;
63.14 	(n) the actor provides or is an agent of an entity that provides special transportation 
63.15 	service, the complainant used the special transportation service, and the sexual penetration 
63.16 	occurred during or immediately before or after the actor transported the complainant. Consent 
63.17 	by the complainant is not a defense;
63.18 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
63.19 	of one of those services, and nonconsensual sexual penetration occurred during or 
63.20 	immediately before or after the actor performed or was hired to perform one of those services 
63.21 	for the complainant; or
63.22 	(p) the actor is a peace officer, as defined in section 626.84, and the officer physically 
63.23 	or constructively restrains the complainant or the complainant does not reasonably feel free 
63.24 	to leave the officer's presence. Consent by the complainant is not a defense. This paragraph 
63.25 	does not apply to any penetration of the mouth, genitals, or anus during a lawful search.
63.26 		Subd. 2.Penalty. Except as otherwise provided in section 609.3455, a person convicted 
63.27 	under subdivision 1 or subdivision 1a may be sentenced:
63.28 	(1) to imprisonment for not more than 15 years or to a payment of a fine of not more 
63.29 	than $30,000, or both; or
63.30 	(2) if the person was convicted under subdivision 1 1a, paragraph (b), and if the actor 
63.31 	was no more than 48 months but more than 24 months older than the complainant, to 
63.32 	imprisonment for not more than five years or a fine of not more than $30,000, or both.
64.1 	A person convicted under this section is also subject to conditional release under section 
64.2 	609.3455.
64.3 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
64.4 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
64.5 	clause (f), the court may stay imposition or execution of the sentence if it finds that:
64.6 	(a) a stay is in the best interest of the complainant or the family unit; and
64.7 	(b) a professional assessment indicates that the offender has been accepted by and can 
64.8 	respond to a treatment program.
64.9 	If the court stays imposition or execution of sentence, it shall include the following as 
64.10 	conditions of probation:
64.11 	(1) incarceration in a local jail or workhouse;
64.12 	(2) a requirement that the offender complete a treatment program; and
64.13 	(3) a requirement that the offender have no unsupervised contact with the complainant 
64.14 	until the offender has successfully completed the treatment program unless approved by 
64.15 	the treatment program and the supervising correctional agent.

64.16 	Sec. 17. Minnesota Statutes 2020, section 609.345, is amended to read:
64.17 	609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.
64.18 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual contact 
64.19 	with another person is guilty of criminal sexual conduct in the fourth degree if any of the 
64.20 	following circumstances exists:
64.21 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
64.22 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
64.23 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
64.24 	required to prove that the sexual contact was coerced;
64.25 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
64.26 	48 months older than the complainant or in a current or recent position of authority over 
64.27 	the complainant. Consent by the complainant to the act is not a defense. In any such case, 
64.28 	if the actor is no more than 120 months older than the complainant, it shall be an affirmative 
64.29 	defense which must be proved by a preponderance of the evidence that the actor reasonably 
64.30 	believes the complainant to be 16 years of age or older. In all other cases, mistake as to the 
64.31 	complainant's age shall not be a defense;
65.1 	(c) (a) the actor uses force or coercion to accomplish the sexual contact;
65.2 	(d) (b) the actor knows or has reason to know that the complainant is mentally impaired, 
65.3 	mentally incapacitated, or physically helpless;
65.4 	(c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
65.5 	(d) at the time of the act, the actor is in a prohibited occupational relationship with the 
65.6 	complainant.
65.7 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in sexual 
65.8 	contact with anyone under 18 years of age is guilty of criminal sexual conduct in the fourth 
65.9 	degree if any of the following circumstances exists:
65.10 	(a) the complainant is under 14 years of age and the actor is no more than 36 months 
65.11 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
65.12 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
65.13 	required to prove that the sexual contact was coerced;
65.14 	(b) the complainant is at least 14 but less than 16 years of age and the actor is more than 
65.15 	36 months older than the complainant or in a current or recent position of authority over 
65.16 	the complainant. Consent by the complainant to the act is not a defense.
65.17 	Mistake of age is not a defense unless actor is less than 60 months older. In any such case, 
65.18 	if the actor is no more than 60 months older than the complainant, it shall be an affirmative 
65.19 	defense which must be proved by a preponderance of the evidence that the actor reasonably 
65.20 	believes the complainant to be 16 years of age or older. In all other cases, mistake as to the 
65.21 	complainant's age shall not be a defense;
65.22 	(c) the actor uses coercion to accomplish the sexual contact;
65.23 	(d) The actor knows or has reason to know that the complainant is mentally impaired, 
65.24 	mentally incapacitated, or physically helpless;
65.25 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
65.26 	48 36 months older than the complainant and in a current or recent position of authority 
65.27 	over the complainant. Neither mistake as to the complainant's age nor consent to the act by 
65.28 	the complainant is a defense;
65.29 	(f) the actor has a significant relationship to the complainant and the complainant was 
65.30 	at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to 
65.31 	the complainant's age nor consent to the act by the complainant is a defense;
66.1 	(g) the actor has a significant relationship to the complainant, the complainant was at 
66.2 	least 16 but under 18 years of age at the time of the sexual contact, and:
66.3 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
66.4 	(ii) the complainant suffered personal injury; or
66.5 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
66.6 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
66.7 	a defense;
66.8 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
66.9 	and the sexual contact occurred:the actor uses force, as defined in section 609.341, 
66.10 	subdivision 3, clause (2); or
66.11 	(i) at the time of the act, the actor is in a prohibited occupational relationship with the 
66.12 	complainant.
66.13 	(i) during the psychotherapy session; or
66.14 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
66.15 	exists. Consent by the complainant is not a defense;
66.16 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
66.17 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
66.18 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
66.19 	the sexual contact occurred by means of therapeutic deception. Consent by the complainant 
66.20 	is not a defense;
66.21 	(k) the actor accomplishes the sexual contact by means of deception or false representation 
66.22 	that the contact is for a bona fide medical purpose. Consent by the complainant is not a 
66.23 	defense;
66.24 	(1) the actor is or purports to be a member of the clergy, the complainant is not married 
66.25 	to the actor, and:
66.26 	(i) the sexual contact occurred during the course of a meeting in which the complainant 
66.27 	sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
66.28 	(ii) the sexual contact occurred during a period of time in which the complainant was 
66.29 	meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, 
66.30 	aid, or comfort in private. Consent by the complainant is not a defense;
67.1 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
67.2 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
67.3 	or treatment facility providing services to clients civilly committed as mentally ill and 
67.4 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
67.5 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
67.6 	is a resident of a facility or under supervision of the correctional system. Consent by the 
67.7 	complainant is not a defense;
67.8 	(n) the actor provides or is an agent of an entity that provides special transportation 
67.9 	service, the complainant used the special transportation service, the complainant is not 
67.10 	married to the actor, and the sexual contact occurred during or immediately before or after 
67.11 	the actor transported the complainant. Consent by the complainant is not a defense;
67.12 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
67.13 	of one of those services, and nonconsensual sexual contact occurred during or immediately 
67.14 	before or after the actor performed or was hired to perform one of those services for the 
67.15 	complainant; or
67.16 	(p) the actor is a peace officer, as defined in section 626.84, and the officer physically 
67.17 	or constructively restrains the complainant or the complainant does not reasonably feel free 
67.18 	to leave the officer's presence. Consent by the complainant is not a defense.
67.19 		Subd. 2.Penalty. Except as otherwise provided in section 609.3455, a person convicted 
67.20 	under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than 
67.21 	ten years or to a payment of a fine of not more than $20,000, or both. A person convicted 
67.22 	under this section is also subject to conditional release under section 609.3455.
67.23 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
67.24 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
67.25 	clause (f), the court may stay imposition or execution of the sentence if it finds that:
67.26 	(a) a stay is in the best interest of the complainant or the family unit; and
67.27 	(b) a professional assessment indicates that the offender has been accepted by and can 
67.28 	respond to a treatment program.
67.29 	If the court stays imposition or execution of sentence, it shall include the following as 
67.30 	conditions of probation:
67.31 	(1) incarceration in a local jail or workhouse;
67.32 	(2) a requirement that the offender complete a treatment program; and
68.1 	(3) a requirement that the offender have no unsupervised contact with the complainant 
68.2 	until the offender has successfully completed the treatment program unless approved by 
68.3 	the treatment program and the supervising correctional agent.

68.4 	Sec. 18. Minnesota Statutes 2020, section 609.3451, is amended to read:
68.5 	609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
68.6 		Subdivision 1.Sexual penetration; crime defined. A person is guilty of criminal sexual 
68.7 	conduct in the fifth degree: if the person engages in nonconsensual sexual penetration.
68.8 		Subd. 1a.Sexual contact; child present; crime defined. A person is guilty of criminal 
68.9 	sexual conduct in the fifth degree if:
68.10 	(1) if the person engages in nonconsensual sexual contact; or
68.11 	(2) the person engages in masturbation or lewd exhibition of the genitals in the presence 
68.12 	of a minor under the age of 16, knowing or having reason to know the minor is present.
68.13 	For purposes of this section, "sexual contact" has the meaning given in section 609.341, 
68.14 	subdivision 11, paragraph (a), clauses (i), (iv), and (v). Sexual contact also includes the 
68.15 	intentional removal or attempted removal of clothing covering the complainant's intimate 
68.16 	parts or undergarments, and the nonconsensual touching by the complainant of the actor's 
68.17 	intimate parts, effected by the actor, if the action is performed with sexual or aggressive 
68.18 	intent.
68.19 		Subd. 2.Gross misdemeanor. A person convicted under subdivision 11a may be 
68.20 	sentenced to imprisonment for not more than one year or to a payment of a fine of not more 
68.21 	than $3,000, or both.
68.22 		Subd. 3.Felony. (a) A person is guilty of a felony and may be sentenced to imprisonment 
68.23 	for not more than two years or to payment of a fine of not more than $10,000, or both, if 
68.24 	the person violates subdivision 1.
68.25 	(b) A person is guilty of a felony and may be sentenced to imprisonment for not more 
68.26 	than seven years or to payment of a fine of not more than $14,000, or both, if the person 
68.27 	violates this section subdivision 1 or 1a within seven ten years of:
68.28 	(1) conviction or adjudication under subdivision 1; or
68.29 	(2) a previous conviction or adjudication for violating subdivision 1 1a, clause (2), a 
68.30 	crime described in paragraph (b), or a statute from another state in conformity with any of 
68.31 	these offenses; or
69.1 	(2) (3) the first of two or more previous convictions for violating subdivision 1 1a, clause 
69.2 	(1), or a statute from another state in conformity with this offense.
69.3 	(b) (c) A previous conviction for violating section 609.342; 609.343; 609.344; 609.345; 
69.4 	609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to 
69.5 	enhance a criminal penalty as provided in paragraph (a).

69.6 	Sec. 19. Minnesota Statutes 2020, section 609.3455, is amended to read:
69.7 	609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL 
69.8 	RELEASE.
69.9 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
69.10 	meanings given.
69.11 	(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under section 
69.12 	260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343, 609.344, or
69.13 	609.3453, or 609.3458, if the adult sentence has been executed.
69.14 	(c) "Extreme inhumane conditions" mean situations where, either before or after the 
69.15 	sexual penetration or sexual contact, the offender knowingly causes or permits the 
69.16 	complainant to be placed in a situation likely to cause the complainant severe ongoing 
69.17 	mental, emotional, or psychological harm, or causes the complainant's death.
69.18 	(d) A "heinous element" includes:
69.19 	(1) the offender tortured the complainant;
69.20 	(2) the offender intentionally inflicted great bodily harm upon the complainant;
69.21 	(3) the offender intentionally mutilated the complainant;
69.22 	(4) the offender exposed the complainant to extreme inhumane conditions;
69.23 	(5) the offender was armed with a dangerous weapon or any article used or fashioned 
69.24 	in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
69.25 	used or threatened to use the weapon or article to cause the complainant to submit;
69.26 	(6) the offense involved sexual penetration or sexual contact with more than one victim;
69.27 	(7) the offense involved more than one perpetrator engaging in sexual penetration or 
69.28 	sexual contact with the complainant; or
69.29 	(8) the offender, without the complainant's consent, removed the complainant from one 
69.30 	place to another and did not release the complainant in a safe place.
70.1 	(e) "Mutilation" means the intentional infliction of physical abuse designed to cause 
70.2 	serious permanent disfigurement or permanent or protracted loss or impairment of the 
70.3 	functions of any bodily member or organ, where the offender relishes the infliction of the 
70.4 	abuse, evidencing debasement or perversion.
70.5 	(f) A conviction is considered a "previous sex offense conviction" if the offender was 
70.6 	convicted and sentenced for a sex offense before the commission of the present offense.
70.7 	(g) A conviction is considered a "prior sex offense conviction" if the offender was 
70.8 	convicted of committing a sex offense before the offender has been convicted of the present 
70.9 	offense, regardless of whether the offender was convicted for the first offense before the 
70.10 	commission of the present offense, and the convictions involved separate behavioral 
70.11 	incidents.
70.12 	(h) "Sex offense" means any violation of, or attempt to violate, section 609.342, 609.343, 
70.13 	609.344, 609.345, 609.3451, 609.3453, 609.3458, or any similar statute of the United States, 
70.14 	this state, or any other state.
70.15 	(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme 
70.16 	psychological or physical abuse, when committed in an especially depraved manner.
70.17 	(j) An offender has "two previous sex offense convictions" only if the offender was 
70.18 	convicted and sentenced for a sex offense committed after the offender was earlier convicted 
70.19 	and sentenced for a sex offense and both convictions preceded the commission of the present 
70.20 	offense of conviction.
70.21 		Subd. 2.Mandatory life sentence without release; egregious first-time and repeat 
70.22 	offenders. (a) Notwithstanding the statutory maximum penalty otherwise applicable to the 
70.23 	offense, the court shall sentence a person convicted under section 609.342, subdivision 1, 
70.24 	paragraph (a), (b), (c), (d), or (e), (f), or (h); or609.342, subdivision 1a, clause (a), (b), (c), 
70.25 	(d), (h), or (i);609.343, subdivision 1, paragraph (a), (b), (c), (d), or (e), (f),; or (h)609.343, 
70.26 	subdivision 1a, clause (a), (b), (c), (d), (h), or (i), to life without the possibility of release 
70.27 	if:
70.28 	(1) the fact finder determines that two or more heinous elements exist; or
70.29 	(2) the person has a previous sex offense conviction for a violation of section 609.342, 
70.30 	609.343, or609.344, or 609.3458, and the fact finder determines that a heinous element 
70.31 	exists for the present offense.
70.32 	(b) A fact finder may not consider a heinous element if it is an element of the underlying 
70.33 	specified violation of section 609.342 or 609.343. In addition, when determining whether 
71.1 	two or more heinous elements exist, the fact finder may not use the same underlying facts 
71.2 	to support a determination that more than one element exists.
71.3 		Subd. 3.Mandatory life sentence for egregious first-time offenders. (a) 
71.4 	Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the 
71.5 	court shall sentence a person to imprisonment for life if the person is convicted under section 
71.6 	609.342, subdivision 1, paragraph (a), (b), (c), (d), or (e), (f), or (h), or; 609.342, subdivision 
71.7 	1a, clause (a), (b), (c), (d), (h), or (i);609.343, subdivision 1, paragraph (a), (b), (c), (d), or 
71.8 	(e), (f), or (h); or 609.343, subdivision 1a, clause (a), (b), (c), (d), (h), or (i); and the fact 
71.9 	finder determines that a heinous element exists.
71.10 	(b) The fact finder may not consider a heinous element if it is an element of the underlying 
71.11 	specified violation of section 609.342 or 609.343.
71.12 		Subd. 3a.Mandatory sentence for certain engrained offenders. (a) A court shall 
71.13 	commit a person to the commissioner of corrections for a period of time that is not less than 
71.14 	double the presumptive sentence under the sentencing guidelines and not more than the 
71.15 	statutory maximum, or if the statutory maximum is less than double the presumptive sentence, 
71.16 	for a period of time that is equal to the statutory maximum, if:
71.17 	(1) the court is imposing an executed sentence on a person convicted of committing or 
71.18 	attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or609.3453, 
71.19 	or 609.3458;
71.20 	(2) the fact finder determines that the offender is a danger to public safety; and
71.21 	(3) the fact finder determines that the offender's criminal sexual behavior is so engrained 
71.22 	that the risk of reoffending is great without intensive psychotherapeutic intervention or other 
71.23 	long-term treatment or supervision extending beyond the presumptive term of imprisonment 
71.24 	and supervised release.
71.25 	(b) The fact finder shall base its determination that the offender is a danger to public 
71.26 	safety on any of the following factors:
71.27 	(1) the crime involved an aggravating factor that would justify a durational departure 
71.28 	from the presumptive sentence under the sentencing guidelines;
71.29 	(2) the offender previously committed or attempted to commit a predatory crime or a 
71.30 	violation of section 609.224 or 609.2242, including:
71.31 	(i) an offense committed as a juvenile that would have been a predatory crime or a 
71.32 	violation of section 609.224 or 609.2242 if committed by an adult; or
72.1 	(ii) a violation or attempted violation of a similar law of any other state or the United 
72.2 	States; or
72.3 	(3) the offender planned or prepared for the crime prior to its commission.
72.4 	(c) As used in this section, "predatory crime" has the meaning given in section 609.341, 
72.5 	subdivision 22.
72.6 		Subd. 4.Mandatory life sentence; repeat offenders. (a) Notwithstanding the statutory 
72.7 	maximum penalty otherwise applicable to the offense, the court shall sentence a person to 
72.8 	imprisonment for life if the person is convicted of violating section 609.342, 609.343, 
72.9 	609.344, 609.345, or609.3453, or 609.3458 and:
72.10 	(1) the person has two previous sex offense convictions;
72.11 	(2) the person has a previous sex offense conviction and:
72.12 	(i) the fact finder determines that the present offense involved an aggravating factor that 
72.13 	would provide grounds for an upward durational departure under the sentencing guidelines 
72.14 	other than the aggravating factor applicable to repeat criminal sexual conduct convictions;
72.15 	(ii) the person received an upward durational departure from the sentencing guidelines 
72.16 	for the previous sex offense conviction; or
72.17 	(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 
72.18 	609.108, for the previous sex offense conviction; or
72.19 	(3) the person has two prior sex offense convictions, and the fact finder determines that 
72.20 	the prior convictions and present offense involved at least three separate victims, and:
72.21 	(i) the fact finder determines that the present offense involved an aggravating factor that 
72.22 	would provide grounds for an upward durational departure under the sentencing guidelines 
72.23 	other than the aggravating factor applicable to repeat criminal sexual conduct convictions;
72.24 	(ii) the person received an upward durational departure from the sentencing guidelines 
72.25 	for one of the prior sex offense convictions; or
72.26 	(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 
72.27 	609.108, for one of the prior sex offense convictions.
72.28 	(b) Notwithstanding paragraph (a), a court may not sentence a person to imprisonment 
72.29 	for life for a violation of section 609.345, unless the person's previous or prior sex offense 
72.30 	convictions that are being used as the basis for the sentence are for violations of section 
72.31 	609.342, 609.343, 609.344, or609.3453, or 609.3458, or any similar statute of the United 
72.32 	States, this state, or any other state.
73.1 		Subd. 5.Life sentences; minimum term of imprisonment. At the time of sentencing 
73.2 	under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based 
73.3 	on the sentencing guidelines or any applicable mandatory minimum sentence, that must be 
73.4 	served before the offender may be considered for supervised release.
73.5 		Subd. 6.Mandatory ten-year conditional release term. Notwithstanding the statutory 
73.6 	maximum sentence otherwise applicable to the offense and unless a longer conditional 
73.7 	release term is required in subdivision 7, when a court commits an offender to the custody 
73.8 	of the commissioner of corrections for a violation of section 609.342, 609.343, 609.344, 
73.9 	609.345, or609.3453, or 609.3458, the court shall provide that, after the offender has been 
73.10 	released from prison, the commissioner shall place the offender on conditional release for 
73.11 	ten years.
73.12 		Subd. 7.Mandatory lifetime conditional release term. (a) When a court sentences an 
73.13 	offender under subdivision 3 or 4, the court shall provide that, if the offender is released 
73.14 	from prison, the commissioner of corrections shall place the offender on conditional release 
73.15 	for the remainder of the offender's life.
73.16 	(b) Notwithstanding the statutory maximum sentence otherwise applicable to the offense, 
73.17 	when the court commits an offender to the custody of the commissioner of corrections for 
73.18 	a violation of section 609.342, 609.343, 609.344, 609.345, or609.3453, or 609.3458, and 
73.19 	the offender has a previous or prior sex offense conviction, the court shall provide that, after 
73.20 	the offender has been released from prison, the commissioner shall place the offender on 
73.21 	conditional release for the remainder of the offender's life.
73.22 	(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime conditional 
73.23 	release for a violation of section 609.345, unless the offender's previous or prior sex offense 
73.24 	conviction is for a violation of section 609.342, 609.343, 609.344, or609.3453, or 609.3458, 
73.25 	or any similar statute of the United States, this state, or any other state.
73.26 		Subd. 8.Terms of conditional release; applicable to all sex offenders. (a) The 
73.27 	provisions of this subdivision relating to conditional release apply to all sex offenders 
73.28 	sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
73.29 	609.3453, or 609.3458. Except as provided in this subdivision, conditional release of sex 
73.30 	offenders is governed by provisions relating to supervised release. The commissioner of 
73.31 	corrections may not dismiss an offender on conditional release from supervision until the 
73.32 	offender's conditional release term expires.
73.33 	(b) The conditions of release may include successful completion of treatment and aftercare 
73.34 	in a program approved by the commissioner, satisfaction of the release conditions specified 
74.1 	in section 244.05, subdivision 6, and any other conditions the commissioner considers 
74.2 	appropriate. The commissioner shall develop a plan to pay the cost of treatment of a person 
74.3 	released under this subdivision. The plan may include co-payments from offenders, 
74.4 	third-party payers, local agencies, or other funding sources as they are identified. This 
74.5 	section does not require the commissioner to accept or retain an offender in a treatment 
74.6 	program. Before the offender is placed on conditional release, the commissioner shall notify 
74.7 	the sentencing court and the prosecutor in the jurisdiction where the offender was sentenced 
74.8 	of the terms of the offender's conditional release. The commissioner also shall make 
74.9 	reasonable efforts to notify the victim of the offender's crime of the terms of the offender's 
74.10 	conditional release.
74.11 	(c) If the offender fails to meet any condition of release, the commissioner may revoke 
74.12 	the offender's conditional release and order that the offender serve all or a part of the 
74.13 	remaining portion of the conditional release term in prison. An offender, while on supervised 
74.14 	release, is not entitled to credit against the offender's conditional release term for time served 
74.15 	in confinement for a violation of release.
74.16 		Subd. 9.Applicability. The provisions of this section do not affect the applicability of 
74.17 	Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, or 
74.18 	the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
74.19 		Subd. 10.Presumptive executed sentence for repeat sex offenders. Except as provided 
74.20 	in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to 609.345 or 
74.21 	609.3453 within 15 years of a previous sex offense conviction, the court shall commit the 
74.22 	defendant to the commissioner of corrections for not less than three years, nor more than 
74.23 	the maximum sentence provided by law for the offense for which convicted, notwithstanding 
74.24 	sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay the execution of 
74.25 	the sentence imposed under this subdivision only if it finds that a professional assessment 
74.26 	indicates the offender is accepted by and can respond to treatment at a long-term inpatient 
74.27 	program exclusively treating sex offenders and approved by the commissioner of corrections. 
74.28 	If the court stays the execution of a sentence, it shall include the following as conditions of 
74.29 	probation:
74.30 	(1) incarceration in a local jail or workhouse; and
74.31 	(2) a requirement that the offender successfully complete the treatment program and 
74.32 	aftercare as directed by the court.

75.1 	Sec. 20. [609.3458] SEXUAL EXTORTION.
75.2 		Subdivision 1.Crime defined. (a) A person who engages in sexual contact with another 
75.3 	person and compels the other person to submit to the contact by making any of the following 
75.4 	threats, directly or indirectly, is guilty of sexual extortion:
75.5 	(1) a threat to withhold or harm the complainant's trade, business, profession, position, 
75.6 	employment, or calling;
75.7 	(2) a threat to make or cause to be made a criminal charge against the complainant, 
75.8 	whether true or false;
75.9 	(3) a threat to report the complainant's immigration status to immigration or law 
75.10 	enforcement authorities;
75.11 	(4) a threat to disseminate private sexual images of the complainant as specified in 
75.12 	section 617.261, nonconsensual dissemination of private sexual images;
75.13 	(5) a threat to expose information that the actor knows the complainant wishes to keep 
75.14 	confidential; or
75.15 	(6) a threat to withhold complainant's housing, or to cause complainant a loss or 
75.16 	disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
75.17 	(b) A person who engages in sexual penetration with another person and compels the 
75.18 	other person to submit to such penetration by making any of the following threats, directly 
75.19 	or indirectly, is guilty of sexual extortion:
75.20 	(1) a threat to withhold or harm the complainant's trade, business, profession, position, 
75.21 	employment, or calling;
75.22 	(2) a threat to make or cause to be made a criminal charge against the complainant, 
75.23 	whether true or false;
75.24 	(3) a threat to report the complainant's immigration status to immigration or law 
75.25 	enforcement authorities;
75.26 	(4) a threat to disseminate private sexual images of the complainant as specified in 
75.27 	section 617.261, nonconsensual dissemination of private sexual images;
75.28 	(5) a threat to expose information that the actor knows the complainant wishes to keep 
75.29 	confidential; or
75.30 	(6) a threat to withhold complainant's housing, or to cause complainant a loss or 
75.31 	disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
76.1 		Subd. 2.Penalty. (a) A person is guilty of a felony and may be sentenced to imprisonment 
76.2 	for not more than ten years or to payment of a fine of not more than $20,000, or both, if the 
76.3 	person violates subdivision 1, paragraph (a).
76.4 	(b) A person is guilty of a felony and may be sentenced to imprisonment for not more 
76.5 	than 15 years or to payment of a fine of not more than $30,000, or both, if the person violates 
76.6 	subdivision 1, paragraph (b).
76.7 	(c) A person convicted under this section is also subject to conditional release under 
76.8 	section 609.3455.
76.9 		Subd. 3.No attempt charge. Notwithstanding section 609.17, no person may be charged 
76.10 	with or convicted of an attempt to commit a violation of this section.

76.11 	Sec. 21. Minnesota Statutes 2020, section 609.347, is amended by adding a subdivision 
76.12 	to read:
76.13 		Subd. 8.Voluntary intoxication defense for certain mentally incapacitated cases; 
76.14 	clarification of applicability. (a) The "knows or has reason to know" mental state 
76.15 	requirement for violations of sections 609.342 to 609.345 involving a complainant who is 
76.16 	mentally incapacitated, as defined in section 609.341, subdivision 7, clause (2), involves 
76.17 	specific intent for purposes of determining the applicability of the voluntary intoxication 
76.18 	defense described in section 609.075. This defense may be raised by a defendant if the 
76.19 	defense is otherwise applicable under section 609.075 and related case law.
76.20 	(b) Nothing in paragraph (a) may be interpreted to change the application of the defense 
76.21 	to other crimes.
76.22 	(c) Nothing in paragraph (a) is intended to change the scope or limitations of the defense 
76.23 	or case law interpreting it beyond clarifying that the defense is available to a defendant 
76.24 	described in paragraph (a).

76.25 	EFFECTIVE DATE. The section is effective August 1, 2021, and applies to crimes 
76.26 	committed on or after that date.

76.27 	Sec. 22. Minnesota Statutes 2020, section 628.26, is amended to read:
76.28 	628.26 LIMITATIONS.
76.29 	(a) Indictments or complaints for any crime resulting in the death of the victim may be 
76.30 	found or made at any time after the death of the person killed.
77.1 	(b) Indictments or complaints for a violation of section 609.25 may be found or made 
77.2 	at any time after the commission of the offense.
77.3 	(c) Indictments or complaints for violation of section 609.282 may be found or made at 
77.4 	any time after the commission of the offense if the victim was under the age of 18 at the 
77.5 	time of the offense.
77.6 	(d) Indictments or complaints for violation of section 609.282 where the victim was 18 
77.7 	years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), 
77.8 	shall be found or made and filed in the proper court within six years after the commission 
77.9 	of the offense.
77.10 	(e) Indictments or complaints for violation of sections 609.322 and 609.342 to 609.345, 
77.11 	if the victim was under the age of 18 years at the time the offense was committed, shall may
77.12 	be found or made and filed in the proper court within the later of nine years after the 
77.13 	commission of the offense or three years after the offense was reported to law enforcement 
77.14 	authorities at any time after the commission of the offense.
77.15 	(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for 
77.16 	violation of sections 609.322 and 609.342 to 609.344 may be found or made and filed in 
77.17 	the proper court at any time after commission of the offense, if physical evidence is collected 
77.18 	and preserved that is capable of being tested for its DNA characteristics. If this evidence is 
77.19 	not collected and preserved and the victim was 18 years old or older at the time of the 
77.20 	offense, the prosecution must be commenced within nine years after the commission of the 
77.21 	offense.
77.22 	(g) (f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 
77.23 	2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court 
77.24 	within six years after the commission of the offense.
77.25 	(h) (g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 
77.26 	2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where 
77.27 	the value of the property or services stolen is more than $35,000, or for violation of section 
77.28 	609.527 where the offense involves eight or more direct victims or the total combined loss 
77.29 	to the direct and indirect victims is more than $35,000, shall be found or made and filed in 
77.30 	the proper court within five years after the commission of the offense.
77.31 	(i) (h) Except for violations relating to false material statements, representations or 
77.32 	omissions, indictments or complaints for violations of section 609.671 shall be found or 
77.33 	made and filed in the proper court within five years after the commission of the offense.
78.1 	(j) (i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be 
78.2 	found or made and filed in the proper court within five years after the commission of the 
78.3 	offense.
78.4 	(k) (j) In all other cases, indictments or complaints shall be found or made and filed in 
78.5 	the proper court within three years after the commission of the offense.
78.6 	(l) (k) The limitations periods contained in this section shall exclude any period of time 
78.7 	during which the defendant was not an inhabitant of or usually resident within this state.
78.8 	(m) (l) The limitations periods contained in this section for an offense shall not include 
78.9 	any period during which the alleged offender participated under a written agreement in a 
78.10 	pretrial diversion program relating to that offense.
78.11 	(n) (m) The limitations periods contained in this section shall not include any period of 
78.12 	time during which physical evidence relating to the offense was undergoing DNA analysis, 
78.13 	as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or 
78.14 	law enforcement agency purposefully delayed the DNA analysis process in order to gain 
78.15 	an unfair advantage.

78.16 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to violations 
78.17 	committed on or after that date.

78.18 	Sec. 23. PREDATORY OFFENDER STATUTORY FRAMEWORK WORKING 
78.19 	GROUP; REPORT.
 78.20 		Subdivision 1.Direction. By September 1, 2021, the commissioner of public safety 
78.21 	shall convene a working group to comprehensively assess the predatory offender statutory 
78.22 	framework. The commissioner shall invite representatives from the Department of 
78.23 	Corrections with specific expertise on juvenile justice reform, city and county prosecuting 
78.24 	agencies, statewide crime victim coalitions, the Minnesota judicial branch, the Minnesota 
78.25 	Board of Public Defense, private criminal defense attorneys, the Department of Public 
78.26 	Safety, the Department of Human Services, the Sentencing Guidelines Commission, state 
78.27 	and local law enforcement agencies, and other interested parties to participate in the working 
78.28 	group. The commissioner shall ensure that the membership of the working group is balanced 
78.29 	among the various representatives and reflects a broad spectrum of viewpoints, and is 
78.30 	inclusive of marginalized communities as well as victim and survivor voices.
78.31 		Subd. 2.Duties. The working group must examine and assess the predatory offender 
78.32 	registration (POR) laws, including, but not limited to, the requirements placed on offenders, 
78.33 	the crimes for which POR is required, the method by which POR requirements are applied 
79.1 	to offenders, and the effectiveness of the POR system in achieving its stated purpose. 
79.2 	Governmental agencies that hold POR data shall provide the working group with public 
79.3 	POR data upon request. The working group is encouraged to request the assistance of the 
79.4 	state court administrator's office to obtain relevant POR data maintained by the court system.
79.5 		Subd. 3.Report to legislature. The commissioner shall file a report detailing the working 
79.6 	group's findings and recommendations with the chairs and ranking minority members of 
79.7 	the house of representatives and senate committees and divisions having jurisdiction over 
79.8 	public safety and judiciary policy and finance by January 15, 2022.

79.9 	Sec. 24. REVISOR INSTRUCTION.
 79.10 	(a) The revisor of statutes shall make necessary cross-reference changes and remove 
79.11 	statutory cross-references in Minnesota Statutes to conform with this act. The revisor may 
79.12 	make technical and other necessary changes to language and sentence structure to preserve 
79.13 	the meaning of the text.
79.14 	(b) In Minnesota Statutes, the revisor of statutes shall modify the headnote to Minnesota 
79.15 	Statutes, section 609.347, to reflect the amendment to that section contained in this act.

APPENDIX 

Repealed Minnesota Statutes: S0970-3 

609.324 PATRONS; PROSTITUTES; HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES.
No active language found for: 609.324.3