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Capital IconMinnesota Legislature

Legislative Session number- 84

Bill Name: HF2656

HF 2656

CHAPTER 260
FIRST ENGROSSMENT

Criminal sentencing provisions provided;
controlled substances, DWI, and driving provisions modified; corrections,
courts, coroners and medical examiners regulated; and enhanced drug
paraphernalia and other criminal penalties imposed.

ARTICLE 1 -- GENERAL
CRMINAL AND SENTENCING PROVISIONS

Section 1: Procedures modified in cases
where state intends to seek an aggravated departure.
Sec. 2: Defendants
procedure to present evidence and argument modified.
Sec. 3: Waiver of jury
determination procedure modified.
Sec. 4: Alcohol without liquid devices
prohibited.
Sec. 5: Bodily harm and related terms defined.
Sec. 6: Regulated
animal possession requirements modified.
Sec. 7: Seizure effective date
specified.
Sec. 8: Confinement and control for regulated animals
specified.
Sec. 9: Penalties specified.
Sec. 10: Order for protection
violation modified.
Sec. 11: Domestic abuse no contact order modified.
Sec. 12:
Qualified domestic violence-related offense definition modified,.
Sec. 13:
Prosecutor duties modified.
Sec. 14: Applicability clause relating to drug
paraphernalia modified.
Sec. 15: Public employees with mandated duties list
modified to include animal control officer.
Sec. 16: Gross misdemeanor crime
expanded.
Sec. 17: Felony crime expanded.
Sec. 18: Gross misdemeanor penalty
expanded.
Sec. 19: Felony penalty expanded.
Sec. 20: Labor trafficking
prohibited.
Sec. 21: Unlawful conduct with respect to documents in furtherance
of labor or sex trafficking crime expanded.
Sec. 22: Engrained offender
mandatory sentence established.
Sec. 23: Mandatory life sentence relating to
repeat sex offenders modified.
Sec. 24: Conforming change.
Sec. 25: Court hold
and civil commitment sentence expanded.
Sec. 26: Venue specified.
Sec. 27:
Counterfeiting of currency crime established.
Sec. 28: Restraining order
violation modified.
Sec. 29: Subsequent felony violation modified.
Sec. 30:
Technical change.
Sec. 31: Computer security system definition modified.
Sec.
32: Encryption defined.
Sec. 33: Personal data defined.
Sec. 34: Crime of
unauthorized computer access modified.
Sec. 35: Gross misdemeanor crime
modified.
Sec. 36: Criminal use of encryption crime established.
Sec. 37:
Computer security system access facilitation crime established.
Sec. 38-39:
Conditional release term modified.
Sec. 40: Federal law enforcement officer
term definition modified.
Sec. 41-44: Expiration dates removed.
Sec. 45:
Collateral consequences committee established.
Sec. 46: Sentencing guidelines
modifications provided.
Sec. 47: Revisor¿s instruction.
Sec. 48: Repealer.


ARTICLE 2 -- CONTROLLED SUBSTANCES, DWI, AND TRAFFIC SAFETY
PROVISIONS

Section 1: Reckless or careless driving crime modified.
Sec. 2:
Driving while impaired crime modified.
Sec. 3: Degree of driving while impaired
crimes clarified.
Sec. 4: Mandatory consecutive sentences clarified.
Sec. 5:
Alcohol concentration evidence crime clarified.
Sec. 6: Implied consent
modified.
Sec. 7: Implied consent advisory modified.
Sec. 8: Urine or blood
test requirement modified.
Sec. 9: Conforming change.
Sec. 10: Reporting test
failure for alcohol procedure modified.
Sec. 11: Test failure conforming
change.
Sec. 12: Conforming change.
Sec. 13: Technical change and effective
date.
Sec. 14: Peace officer techincal change and effective date.
Sec. 15:
Petty misdemeanor provided.
Sec. 16: Provisional license misuse crime
modified.
Sec. 17: Driving violation suspension provided.
Sec. 18: Chemically
dependent person term modified to include opium.
Sec. 19: Remediation of harm
caused by misdemeanor convictions for minors driving with mobilie phones
regulations established.
Sec. 20: Repealer.

ARTICLE 3 -- PUBLIC SAFETY
POLICY

Section 1: Governor¿s residence employees and governor appointee
background checks authorized.
Sec. 2: Juvenile offender photographs saved.
Sec.
3: Name and index service term defined.
Sec. 4: Peace officer applicability
clause provided.
Sec. 5: Felon licensing procedure development required.
Sec.
6: Public safety peer counseling modified.
Sec. 7: Registration requirements
modified.
Sec. 8: Registration contents modified.
Sec. 9: Health care facility
notice of status modified.
Sec. 10: Registration period regulations
modified.
Sec. 11: Law enforcement agency disclosure of information regulations
modified.
Sec. 12: Death scene investigations regulated.
Sec. 13: Forensic
laboratory advisory board established.
Sec. 14: Law enforcement agency term
definition modified.
Sec. 15: Subscription service definition modified.
Sec.
16: Missing person report responsibility specified.
Sec. 17: Task force
modified.
Sec. 18: Security responsibilities modified.
Sec. 19: Appeal
variance policy modified.
Sec. 20: Definitions provided.
Sec. 21: Carbon
monoxide alarm requirements provided.
Sec. 22: Routine inquiry and required
request modified.
Sec. 23: Victim notification procedure modified.
Sec. 24:
Suspension, revocation, or refusal to renew procedures expanded relating to
state fire marshal.
Sec. 25: Community services modified for sex offender
reimbursements.
Sec. 26: Richfield disabled firefighter health care eligibility
review authorized.
Sec. 27: Missing adults model policy established.

ARTICLE
4 -- CORRECTIONS

Section 1: Unclassified positions modified.
Sec. 2: Inmate
screening procedure modified.
Sec. 3: Biennial report modified.
Sec. 4: Jail
facility construction contracts modified.
Sec. 5: Substance abuse information
provided.
Sec. 6: Social security administration incentive payments
provided.
Sec. 7: Substance abuse assessment process periodic reviews
provided.
Sec. 8: Substance abuse release plans provided.
Sec. 9: Substance
abuse program record keeping provided.
Sec. 10: Inmate health care decisions
authority granted.
Sec. 11: Authority notice requirement modified.
Sec. 12:
Sunset clause.
Sec. 13: Fee impostion modified.
Sec. 14: Conditional release
terms relating to sex offenders modified.
Sec. 15: Employment continuation
modified.
Sec. 16: Transition provided.
Sec. 17: Substance abuse treatment
recommendations provided.

ARTICLE 5 -- COURTS

Sections 1-14: Technical and
conforming changes; language clarifications.
Sec. 15: Technical statutory
reference removed.
Sec. 16: General court jurisdiction modified.
Sec. 17:
Jurisdiction modified.
Sec. 18: Probate court district modified.
Sec. 19: St.
Louis County jail expenses modified.
Sec. 20: Reimbursement filings
modified.
Sec. 21: Law clerk appointments modified.
Sec. 22: Chambers and
supplies modified.
Sec. 23: Space modified.
Sec. 24: Appointment date
modified.
Sec. 25: Rules modified.
Sec. 26: Trial location rule
established.
Sec. 27: Pleading, practice, and procedure regulations
established.
Sec. 28: Misdemeanor procedure established.
Sec. 29: Forfeited
sum reinstatement procedure established.
Sec. 30-31: Hennepin County fine, fee,
and money account disposition established.
Sec. 32: Ramsey County fine, fee,
and money account disposition established.
Sec. 33: Court division
modified.
Sec. 34: Pleading, practice, procedure, and forms in criminal
proceedings modified.
Sec. 35: County attorney prosecutor notice provided.
Sec.
36: Prison release order modified.
Sec. 37: Court administrator fees
modified.
Sec. 38: Misdemeanor violations bureaus modified.
Sec. 39: Bailiff
furnishment provided.
Sec. 40: Bond duties modified.
Sec. 41: Fee collection
modified.
Sec. 42-47: Technical and conforming language clarifications
provided.
Sec. 48: Foreign protective order defined.
Sec. 49-52: Technical and
conforming language clarifications provided.
Sec. 53: Date extended.
Sec.
54: Repealer.

ARTICLE 6 -- EMERGENCY
COMMUNICATIONS

Section 1: Individual
surcharge removed from local access.
Sec. 2: Secondary public safety answering
point term defined.
Sec. 3: Contractional requirements modified.
Sec. 4:
Service agreements modified.
Sec. 5: Duties modified.
Sec. 6: Emergency
telecommunications service fee modified.
Sec. 7: Payment method modified.
Sec.
8: Timely invoice procedure modified.
Sec. 9: Declaration on invoice dispute
modified.
Sec. 10: Audit modified.
Sec. 11: Fee deposit for emergency services
provided.
Sec. 12: Local expenditure technical change.
Sec. 13: Radio board
term definition modified.
Sec. 14: Plan term modified.
Sec. 15: Subsystems
term definition modified.
Sec. 16: System backbone technical reference
removed.
Sec. 17: County planning process modified.
Sec. 18: Statewide system
local use provided.
Sec. 19: Mermbership of statewide radio board
modified.
Sec. 20: Advisory groups modified.
Sec. 21: Repealer.

ARTICLE 7 --
FRAUDULENT OR IMPROPER FINANCING STATEMENTS

Section 1: Related term
definitions modified.
Sec. 2: Notarial acts modified.
Sec. 3: Certificate of
notarial acts requirements modified.
Sec. 4: Acknowledgement effect
modified.
Sec. 5: Electronic notarization registration required.
Sec. 6-10:
Notary electronic seal and records authorized.
Sec. 11: Expedited process to
review financing statements established.
Sec. 12: Civil liability for
fraudulent or otherwise improper financing statements provided.
Sec. 13:
Fraudulent or otherwise improper financing statements crime established.


ARTICLE 8 -- CORONERS AND MEDICAL EXAMINERS

Section 1: Coroner or medical
examiner selection procedure modified.
Sec. 2: Hennepin County medical examiner
selection and term procedure established.
Sec. 3: Indemnification inclusion for
coroner provided.
Sec. 4: Autonomy provided.
Sec. 5: Jursidiction
specified.
Sec. 6: Jurisdiction transfer provision provided.
Sec. 7: Medical
examiner or coroner staff regulations modified.
Sec. 8: Morgue provision
clarified.
Sec. 9: Death report format expanded.
Sec. 10: Compensation
provision clarified.
Sec. 11: Fees clarified.
Sec. 12: Organ and tissue
donation facilitated.
Sec. 13: Cremation approval procedure clarified.
Sec. 14:
Disposition of dead bodies procedure expanded.
Sec. 15: Body effects and
custody provisions modified.
Sec. 16: Property definiton modified.
Sec. 17:
Death records modified.
Sec. 18: Unidentified deceased persons identification
procedures modified.
Sec. 19: Examination request modified.
Sec. 20: Services
contracts provided.
Sec. 21: Repealer.

AME
5/22/06