Legislative Session number- 84

Bill Name: HF0001

HF 1

CHAPTER 136
EFFECTIVE DATE: Various

Omnibus public safety appropriations
bill.

ARTICLE 1: APPROPRIATIONS
Section 1: Public safety money
appropriated.
[Agencies receiving appropriations follow]
Sec. 2: Supreme
court
Sec. 3: Court of appeals
Sec. 4: Trial courts
Sec. 5: Tax court
Sec. 6:
Uniform laws commission
Sec. 7: Board on judicial standards
Sec. 8: Board of
public defense
Sec. 9: Public safety
Subdivision 1: Total appropriation
Sub.
2: Emergency management, nonprofit and faith-based organization antiterrorism
grants
Sub. 3: Criminal apprehension
Sub. 4: Fire marshal
Sub. 5: Alcohol and
gambling enforcement
Sub. 6: Office of justice programs
Sub. 7: 911 Emergency
Services / ARMER
Sub. 8: Administration
Sub. 9: Driver and vehicle
services
Section 10: Peace officer standards and training board (POST)
Sec. 11:
Private detective board
Sec. 12: Human rights
Sec. 13: Department of
corrections
Subdivision 1: Total appropriation
Sub. 2: Correctional
institutions
Sub. 3: Community services
Sub. 4: Operations support
Section 14:
Sentencing guidelines
Sec. 15: Board of veterinary medicine methamphetamine
study.
[End appropriations summary]

ARTICLE 2: SEX OFFENDERS: MANDATORY
LIFE SENTENCES FOR CERTAN EGREGIOUS AND REPEAT SEX OFFENSES; CONDITIONAL
RELEASE; OTHER SENTENCING CHANGES
Section 1: Conforming changes relating to
statutory manditory life sentence added and minimum term of 20 years required
before supervised release.
Sec. 2: Sex Offender Review Board required to
determine conditions of supervised release.
Sec. 3: Minimum term of
imprisonment required for supervised release.
Sec. 4: Supervised release
regulations expanded and detailed.
Sec. 5: Conforming change.
Sec. 6:
Mnadatory minimum sentence provisions modified.
Sec. 7: "Predatory crime"
definition modified.
Sec. 8: Danger to public safety determination procedure
clarified.
Sec. 9: Conditional release provisions modified.
Sec. 10:
"Coercion" definition modified.
Sec. 11: "Predatory crime" defined.
Sec. 12:
Penalties modified and detailed.
Sec. 13: Conforming change.
Sec. 14:
Penalties modified and detailed.
Sec. 15: Conforming change.
Sec. 16:
Penalties modified and detailed.
Sec. 17: Stay of imprisonment conditions
modified.
Sec. 18: Penalties modified.
Sec. 19: Conforming changes.
Sec. 20:
Criminal sexual predatory conduct crime established.
Sec. 21: Life sentence
conditional release provision established.
Sec. 22: Sentenceing guidelines
commission directives provided.
Sec. 23: Repealer.

ARTICLE 3: SEX OFFENDERS:
PREDATORY OFFENDER REGISTRATION; COMMUNITY NOTIFICATION; MISCELLANEOUS
PROVISIONS
Section 1: Disclosure of registrant status of registered sex
offender to health facilities governance specified.
Sec. 2: Transfer and
discharge appeals modified.
Sec. 3: Inmate record by department of corrections
modified.
Sec. 4: Adult offender programs committed to commissioner.
Sec. 5:
Funding priority modified.
Sec. 6: Community-based sex offender program
evaluation modified.
Sec. 7: Sex offender programs modified.
Sec. 8: Predatory
offender registration provisions and procedures overhauled.
Sec. 9: Statutory
references added.
Sec. 10: Supervised release modified.
Sec. 11: Civil
commitment determination procedures modified.
Sec. 12: End-of-confinement
review committee procedures modified.
Sec. 13: Offenders from other states and
offenders released from federal facilities provisions established.
Sec. 14:
Public disclosure of information procedures established.
Sec. 15: Health care
disclosure facility requirements established.
Sec. 16: Predatory offender
seeking housing in jurisdiction of different corrections agency provided.
Sec.
17: Placement of predatory offender in household with children provision
modified.
Sec. 18: Information notice modified.
Sec. 19: Petition
modified.
Sec. 20: Victim notification of petition and release provision
established.
Sec. 21: Commissioner of corrections procedure modified.
Sec. 22:
Conditional release modified.
Sec. 23: Assessment requirements provided.
Sec.
24: Polygraph usage authorized.
Sec. 25: Reporting requirements modified.
Sec.
26: Protocol use of polygraphs provided.
Sec. 27: Supreme court study
requested on civil commitments.
Sec. 28: Sex offender management working group
established.
Sec. 29: Prison-based sex offender treatment programs report
required.
Sec. 30: Revisor¿s instruction.
Sec. 31: Repealer.

ARTICLE 4: SEX
OFFENDERS: TECHNICAL AND CONFORMING CHANGES

Section 1: Crime victim identity
data modified.
Sec. 2: Rulemaking procedures modified.
Sec. 3-10: Statutory
references added.
Sec. 11: Revisor instruction.

ARTICLE 5: HUMAN SERVICES
ACCESS TO PREDATORY OFFENDER REGISTRY
Section 1: Data usage modified.
Sec. 2:
Patient and resident records in receiving state-operated services modified.
Sec.
3: Release on pass notification procedures modified.
Sec. 4: Database of
registered predatory offenders regulations modified.
Sec. 5: Abuse prevention
plans modified.
Sec. 6: Repealer.

ARTICLE 6: HUMAN SERVICES BACKGROUND
STUDIES
Section 1: Direct contact disqualification data classified.
Sec. 2:
Permanent disqualification conditions expanded.
Sec. 3: Notice of study results
time frame modified.
Sec. 4: Disqualification notice requirements
specified.
Sec. 5: Disqualification notice provisions modified.
Sec. 6: Data
classification provided.
Sec. 7: Permanent bar procedures modified.

ARTICLE 7:
METHAMPHETAMINE PROVISIONS
Section 1: Ephedrine and pseudoephedrine
veterinarian prescription required.
Sec. 2: ¿Narcotic drug¿ definition
modified.
Sec. 3: Methamphetamine precursor drugs classified as Schedule V
drugs.
Sec. 4: Methamphetamine precursors sale restrictions authorized.
Sec. 5:
Methamphetamine manufacture crime established.
Sec. 6: Penalty increased.
Sec.
7: Sale of Schedule V controlled substance regulated.
Sec. 8: Conforming
change.
Sec. 9: Restitution provided.
Sec. 10: Exceptions provided.
Sec. 11:
Anhydrous ammonia regulated.
Sec. 12: Methamphetamine and children
regulated.
Sec. 13: Certificate content modified.
Sec. 14: School notice
provided.
Sec. 15: Revolving account for meth lab cleanup provided.
Sec. 16-18:
Technical.
Sec. 19: Computer system development provided.
Sec. 20: Veterinary
medicine report board study required.
Sec. 21: Revisor¿s instruction.
Sec. 22:
Repealer.

ARTICLE 8: PUBLIC SAFETY POLICY
Section 1: Grants-in-aid to youth
intervention programs intent specified and related provisions established.
Sec.
2: Exceptions to prohibitions provided.
Sec. 3: Services modified.
Sec. 4:
Penalties modified relating to excavation for renumeration.
Sec. 5: Language
clarified.
Sec. 6: National record search by courts through FBI
authorized.
Sec. 7: Scope and duty determination procedures established.
Sec.
8: Course and scope of duties panel established.
Sec. 9: Access to data on
juveniles provisions modified.
Sec. 10: Bureau identification data authority
clariifed.
Sec. 11: Protective agent classification provided.
Sec. 12: Fees
modified.
Sec. 13: Fees modified.
Sec. 14: Brand registration modified.
Sec.
15: Caterer¿s permit fees increased.
Sec. 16: Tour boat carrier fees
increased.
Sec. 17: Permit fees increased.
Sec. 18: Sunday on-sale license
fees increased.
Sec. 19: Sales after 1:00 AM permit fee increased.
Sec. 20-21:
Prohibition against employer retaliation established.
Sec. 22: "Victim"
definition modified.
Sec. 23: Prohibition against employer retaliation
provisions modified.
Sec. 24: Testing of sex offenders for human
immunodeficiency (HIV) virus provisions modiified relating to disclosure.
Sec.
25: Minnesota residents injured elsewhere provisions modified.
Sec. 26:
Special revenue spending authorization from criminal justice special projects
account provided.
Sec. 27: Homelessness pilot project grants provided.
Sec. 28:
Responsibility transfer authorized.
Sec. 29: Revisor instruction.

ARTICLE 9:
FIRE MARSHAL
Section 1: Structure removal provisions expanded.
Sec. 2: Fire
protection language clarified.
Sec. 3: Structure demolition rights before sale
modified.
Sec. 4: Fee for plan review modified.
Sec. 5: Uniform Fire Code
changed to State Fire Code.
Sec. 6: Law enforcement powers clarified.
Sec. 7:
Cooperative investigation regulations modified.
Sec. 8: Witness and evidence
regulations relating to State Fire Code modified.
Sec. 9: Handling and
disposition of blasting agents and explosives provisions modified.
Sec. 10:
Definitions of "blasting agent" and "explosive" modified.
Sec. 11-12: Smoke
detector requirements clarified.
Sec. 13: Conforming changes.
Sec. 17:
Revisor's instruction.
Sec. 18: Repealer.

ARTICLE 10: 911 EMERGENCY
COMMUNICATIONS SERVICES
Section 1: Per number fee established.
Sec. 2:
Department of public safety responsibilities modified.
Sec. 3: Definition of
"automatic location identification" modified.
Sec. 4: "Enhanced 911 service"
definition modified.
Sec. 5: "911 service" definition modified.
Sec. 6: "911
emergency telecommunications service provider" defined.
Sec. 7: Connected
telecommunications service provider requirements modified.
Sec. 8: Contractual
requirements relating to 911 system modified.
Sec. 9: 911 service agreements
modified.
Sec. 10: 911 database statuory references modified.
Sec. 11: Plan
integration procedures clarified.
Sec. 12: Emergency telecommunications account
regulations modified.
Sec. 13: Conforming changes.
Sec. 14: Certification
limitation modified.
Sec. 15: Fee for 911 service expanded.
Sec. 16:
"Subsystems" or "public safety radio subsystems" definitions modified.
Sec. 17:
Third phase authorization of revenue bonds established.
Sec. 18: Limitations
modified.
Sec. 19: Bonding authority clarified.
Sec. 20: Cost coverage
regarding standing appropriations modified.
Sec. 21: Repealer.
Sec. 22:
Effective date.

ARTICLE 11: LAW ENFORCEMENT POLICY
Section 1: Bulletproof
vest reimbursement amount increased.
Sec. 2: Conforming change.
Sec. 3:
Eligibility requirements for reimbursement amount modified.
Sec. 4: Gang and
drug oversight council established.
Sec. 5: Minnesota Financial Crimes
Oversight Council established.
Sec. 6: Statewide human trafficking assessment
required.
Sec. 7: Trafficking study required.
Sec. 8: Required fingerprinting
provisions modified.
Sec. 9: Court disposition record in suspense
fingerprinting requirements regulated.
Sec. 10: Released prisoner information
modified.
Sec. 11: Authority to enter or retrieve data modified.
Sec. 12:
Membership and duty provisions of criminal and juvenile justice information
policy group modified.
Sec. 13: Task force policy group regulations
modified.
Sec. 14: Policy group report modified.
Sec. 15: CriMNet program
office grant request review provisions modified.
Sec. 16: Use of "public
safety" and "state patrol" in private detective advertisements prohibited.
Sec.
17: Booking recording maintenance required.
Sec. 18: Repealer.

ARTICLE
12: DNA COLLECTION
Section 1: Statutory reference added relating to DNA
evidence.
Sec. 2-3: Technical changes.
Sec. 4: DNA data required collection
provisions established.
Sec. 5: Identification data other than DNA provisions
modified.
Sec. 6: Data contained on bureau's centralized system classified as
private.
Sec. 7: Technical.
Sec. 8: Biological evidence preservation provision
established.
Sec. 9: DNA analysis requirement modified.
Sec. 10:
Technical.
Sec. 11: Order limitations modified.
Sec. 12: Repealer.

ARTICLE
13: CORRECTIONS
Section 1: Service contract procedure modified.
Sec. 2:
Contracted services provisions modified.
Sec. 3: Correctional officers
discipline procedures established.
Sec. 4: Advisory Council on Interstate Adult
Offender Supervision membership requirements modified.
Sec. 5: CEO fund
increase provided.
Sec. 6: Conditional release of nonviolent controlled
substance offenders; opportunity for drug treatment provision established.
Sec.
7: Local correctional fee regualtions modified.
Sec. 8: Department of
Corrections' Fugitive Apprehension Unit added to definition of "Appropriate
Agency."
Sec. 9: DCFAU property seizure provisions clarified.
Sec. 10:
Conveyance devise seizure prohibited.
Sec. 11-16: Conforming changes.
Sec. 17:
Confinement when not employed provisions modified.
Sec. 18: Jail purchase,
lease, or repair expense request limit increased.
Sec. 19: MCF-Faribault
dedication of space provided.
Sec. 20: Repealer.

ARTICLE 14: COURTS AND
PUBLIC DEFENDER
Section 1: Judge allotment increased.
Sec. 2: Commitment
hearing time allotment modified.
Sec. 3: Court administrator fees
increased.
Sec. 4: Criminal and traffic offender surcharge increased.
Sec. 5:
Surcharge disbursement provision modified.
Sec. 6: County recorder fees
modified.
Sec. 7: County fees and recording standards for the recording of real
estate documents regulations created.
Sec. 8: Technical.
Sec. 9-10: Registrar
of titles¿ fees modified.
Sec. 11: Recording fees specified.
Sec. 12:
Postconviction relief petition regulations clarified.
Sec. 13: Time limit
modified.
Sec. 14: Sentencing worksheet and guidelines commission conforming
changes enacted.
Sec. 15: Government data accessibility about witnesses and
CriMNet restricted.
Sec. 16: Surplus property computer usage specified.
Sec.
17: Property seizure procedures specified.
Sec. 18: Collateral sanction on
cross-references and creation of a new table procedures specified.
Sec. 19:
Collateral sanctions laws report required.
Sec. 20: Ramsey county court
commissioner duties clarified.
Sec. 21: Repealer.

ARTICLE 15: CHILD
PROTECTION
Section 1: Adoption exceptions clarified.
Sec. 2: Time of consent
notice of intent to consent of adoption provisions clarified.
Sec. 3: Adoption
execution provisions clarified.
Sec. 4: Withdrawal of adoption consent
regulations clarified.
Sec. 5: Court-ordered placements review modified.
Sec.
6: Background check requirements established.
Sec. 7: Responsible social
service agency's duites for children in placement modified.

ARTICLE 16:
CRIMINAL SENTENCING POLICY
Section 1: Sentencing range provisions
modified.
Sec. 2: Sentence imposition deviation procedures clarified.
Sec. 3:
Aggravated sentence motion regulations established.
Sec. 4: Aggravated
durational departure procedures established.
Sec. 5: Defendant presentation of
evidence and argument requirements specified.
Sec. 6: Jury determination waiver
modified.
Sec. 7: Predatory offender information notice required.
Sec. 8:
Criminal history score computation result disagreement procedure defined.
Sec.
9-10: Mandatory increased sentencing provisions modified.
Sec. 11-12:
Increased sentencing guidelines modified.
Sec. 13: Revisor instruction.
Sec.
14: Certain Minnesota sentencing guidelines commission recommendations adopted
and rejected.
Sec. 15: Sentencing guidelines commission instruction.
Sec 16:
Repealer.

ARTICLE 17: GENERAL CRIMINAL PROVISIONS
Section 1: Schedule III
substance list expanded to include anabolic steroids.
Sec. 2: Conforming
change.
Sec. 3: Gasoline theft offense penalty modified.
Sec. 4: Possession of
fighting animals or fighting dogs penalty established.
Sec. 5: Harassment or
stalking domestic abuse no-contact order provision modified.
Sec. 6: Motor fuel
drive-off crime modified.
Sec. 7: Not a bar to criminal liability
provided.
Sec. 8: Domestic assault by strangulation added to qualified offense
list.
Sec. 9: Technical.
Sec. 10: First degree murder definition
modified.
Sec. 11: Secure treatment facility related definitions modified.
Sec.
12: Statutory reference added.
Sec. 13: Domestic assault by strangulation
crime established.
Sec. 14: Penalty provided.
Sec. 15: Definitions
provided.
Sec. 16: Labor trafficking prohibited.
Sec. 17: Unlawful conduct
with respect to documents in furtherance of labor or sex trafficking crimes
detailed.
Sec. 18: Labor or sex trafficking crimes detailed.
Sec. 19: Scope
provided.
Sec. 20: ¿Promotes the prostitution of an individual¿ definition
modified.
Sec. 21: ¿Sex trafficking¿ defined.
Sec. 22: ¿Sex trafficking
victim¿ defined.
Sec. 23: "Public place" definition modified.
Sec. 24:
Loitering with intent to participate in prostitution crime provided.
Sec. 25:
Affirmative defense provided.
Sec. 26: Prohibited acts modified.
Sec. 27:
Sentence modified relating to civil commitment.
Sec. 28: Fleeing crime
clarified.
Sec. 29: Ambulance interference crime established.
Sec. 30: Falsely
reporting crime misdemeanor clarified and police misconduct reporting provisions
established.
Sec. 31: Acts of theft clarified.
Sec. 32: "False pretense"
defined.
Sec. 33: Pornographic work possession or distribution penalty
modified.
Sec. 34: Victim item provision restitution clarified.
Sec. 35: Crime
of electronic use of false pretense to obtain identity established.
Sec. 36:
Venue provision clarified.
Sec. 37: ¿Designated offense¿ definition
modified.
Sec. 38: Computers and related property subject to forfeiture.
Sec.
39: Technical.
Sec. 40: Disposition of certain forfeited proceeds detailed and
report required on trafficking of persons.
Sec. 41: "Posted" definition
modified.
Sec. 42: School property trespass crime modified.
Sec. 43:
Surrepetitious intrusion observation device crime modified.
Sec. 44:
Restraining order jurisdiction modified.
Sec. 45: Filing fee technical
reference added.
Sec. 46: Harassment and stalking crimes modified.
Sec. 47:
Jurisdiction language clarified.
Sec. 48-49: Venue detailed.
Sec. 50: Railroad
that obstructs treatment of an injured worker crime established.
Sec. 51:
Criminal use of real property detailed.
Sec. 52: Limitations modified.
Sec. 53:
Repealer.
ARTICLE 18: DWI AND TRAFFIC SAFETY POLICY
Section 1: Traffic signal
override device possession prohibited.
Sec. 2: Second offense of DWI provision
modified.
Sec. 3: Test failure and license revocation for DWI provision
modified.
Sec. 4: Judical hearing issues modified.
Sec. 5: Judicial review
petition modified.
Sec. 6: Revocation recission procdure modified.
Sec. 7:
Administrative forfeiture procedure modified.
Sec. 8: Assessment report
modified.
Sec. 9: Assessment method modified.
Sec. 10: Preconviction
assessment modified.
Sec. 11: Driving restrictions relating to no alcohol
established.
Sec. 12: Reinstatement fee modified.
Sec. 13: Technical
references added.
Sec. 14: Waiting period modified.
Sec. 15: Driver¿s license
sanctions added.
Sec. 16: Repealer.


AME
8-26-05