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Capital IconMinnesota Legislature

Legislative Session number- 84

Bill Name: HF2953

HF 2953

SECOND ENGROSSMENT

Omnibus public safety bill appropriating money and
establishing programs and policies for the courts, corrections, public safety,
law enforcement, illegal immigration, and other criminal justice
agencies

ARTICLE 1 ¿ PUBLIC SAFETY SUPPLEMENTAL APPROPRIATIONS

Section 1:
Supplemental appropriations provided.
Sec. 2: Supereme court money
appropriated.
Sec. 3: Board of judicial standards money appropriated.
Sec. 4:
Public safety money appropriated.
Sec. 5: Corrections money appropriated.
Sec.
6: Secretary of state money appropriated.
Sec. 7: Peace officer standards and
training board [ POST ] money appropriated and transferred.
Sec. 8: Community
services money appropriated including sex offender supervision and GPS
monitoring.

ARTICLE 2 ¿ GENERAL CRIMINAL AND SENTENCING PROVISIONS

Section 1:
Aggravated departure procedure established.
Sec. 2: Defendant presentation of
evidence and argument modified.
Sec. 3: Jury determination waiver
modified.
Sec. 4: Customer sales or service call center requirements
regulations established.
Sec. 5: Alcohol without liquid devices
prohibited.
Sec. 6: Bodily harm and related terms defined.
Sec. 7:
Requirements modified.
Sec. 8: Seizure modified.
Sec. 9: Confinement and
control for regulated animals causing harm provided.
Sec. 10: Penalty
provided.
Sec. 11: Domestic abuse no contact order modified.
Sec. 12:
Qualified domestic violence-related offense definition modified.
Sec. 13:
Increased sentence for offender who commits a sixth felony modified.
Sec. 14:
Prosecutor establishment of factfinder evidence modified.
Sec. 15: Increased
penalties for crimes motivated by bias established.
Sec. 16: Assaults motivated
by bias regulations expanded.
Sec. 17: Public employees with mandated duties
inclusion of animal control officer provided.
Sec. 18: Felony modified.
Sec.
19: Technical modification to caregiver neglect or abuse of vulnerable adult
provided.
Sec. 20: Penalties for caregiver neglect provided.
Sec. 21: Labor
trafficking crime established.
Sec. 22: Sex or labor trafficking crime
clarified.
Sec. 23: Personal body or cosmetic services clarified.
Sec. 24:
Third degree criminal sexual conduct crime expanded to include personal body or
cosmetic services.
Sec. 25: Conforming change.
Sec. 26: Engrained offender
mandatory sentence provided.
Sec. 27: Mandatory life sentence clarified.
Sec.
28: Conditional release term clarified.
Sec. 29: Venue clarified.
Sec. 30:
Sentencing guidelines for theft modified.
Sec. 31: Criminal damage to property
in the first degree limits modified.
Sec. 32: Criminal damage to property in
the second degree limits modified.
Sec. 33: Criminal damage to property in the
third degree modified.
Sec. 34: Currency counterfeiting crime established.
Sec.
35-36: Conditional release term provided.
Sec. 37: Federal law enforcement
officer definition modified.
Sec. 38-41: Effective dates modified.
Sec. 42:
Sentencing guidelines modifications provided.
Sec. 43: Collateral consequences
committee established.
Sec. 44: Revisor¿s instruction.
Sec. 45:
Repealer.

ARTICLE 3 ¿ CONTROLLED SUBSTANCES, DWI, AND DRIVING
PROVISIONS

Section 1: Drug paraphernalia definition modified.
Sec. 2: Drug
paraphernalia sale prohibited.
Sec. 3: Drug paraphernalia possession prohibited
and crime established.
Sec. 4: Prosecution deferral for certain first time drug
offenders modified.
Sec. 5: Exhibition driving regulations modified.
Sec. 6:
Driving impairment crime clarified.
Sec. 7: Instruction permit use by person
under age 18 crime clarified.
Sec. 8: Provisional license usage regulations
modified.
Sec. 9: Chemically dependent person definition modified to include
opium.
Sec. 10: Remediation of harm caused by misdemeanor convictions for
minors driving with mobile phones provided.
Sec. 11: Repealer.

ARTICLE 4 ¿
PUBLIC SAFETY

Section 1: Governor¿s residence employees and governor employee
background checks authorized.
Sec. 2: Related terms defined.
Sec. 3: Address
confidentiality program established.
Sec. 4: Certification cancellation
provided.
Sec. 5: Designated address usage by agency provided.
Sec. 6: Program
participant voting registration authorized.
Sec. 7: Prohibited records
disclosure exceptions provided.
Sec. 8: Assistance for program applicants
provided.
Sec. 9: Rule adoption provided.
Sec. 10: Juvenile offender
photographs provided.
Sec. 11: Name and index service and data classification
provided.
Sec. 12: Public safety peer counseling and debriefing provided.
Sec.
13: Registration requirements expanded.
Sec. 14: Registration contents
modified.
Sec. 15: Health care facility status notice modified.
Sec. 16:
Registration period modified.
Sec. 17: Law enforcement agency notification that
school, day care facility is in neighborhood along with a level III predatory
offender.
Sec. 18: Fire safety surcharge imposed.
Sec. 19: Fire insurance
surcharge imposed.
Sec. 20: Multiple law enforcement operations conflicts
notice required.
Sec. 21: Preemption of local law relating to illegal
immegration provided.
Sec. 22: Statewide human trafficking assessment
required.
Sec. 23: Trafficking study required.
Sec. 24: Trafficking victim
assistance provided.
Sec. 25: Human trafficking task force established.
Sec.
26: Unidentified persons / human remains reporting regulated.
Sec. 27:
Retention procedures clarified.
Sec. 28: Law enforcement agency term definition
modified.
Sec. 29: Task force modified.
Sec. 30: Responsibilities
modified.
Sec. 31: Appeal policy modified.
Sec. 32: Fire safety account
established.
Sec. 33: Related terms defined.
Sec. 34: Carbon monoxide alarm
requirements provided.
Sec. 35: Enforcement modified.
Sec. 36: Inquiry and
request search and notification modified.
Sec. 37: Victim notification
harrasment and domestic assault regulations modified.
Sec. 38: Suspension,
revocation, or refusal to renew certification regulations for petition
modified.
Sec. 39: Related terms defined.
Sec. 40: Procedure applicability
conditions provided.
Sec. 41: Information required to be given to individuals
specified.
Sec. 42: Positive bloodborne pathogen test result disclosure
required.
Sec. 43: Consent procedures clarified.
Sec. 44: Available blood
testing required.
Sec. 45: Blood sample collection for testing procedures
established.
Sec. 46: Discrimination prohibited.
Sec. 47: Test result usage
provided.
Sec. 48: Test information confidentiality provided.
Sec. 49:
Unauthorized release of information penalty provided.
Sec. 50: Testing and
treatment cost responsibility provided.
Sec. 51: Bloodborne pathogen exposure
protocols provided.
Sec. 52: Penalties and immunity provided.
Sec. 53:
Richfield disabled firefighter health care eligibility review provided.
Sec. 54:
Repealer.

ARTICLE 5 ¿ CORRECTIONS

Section 1: Chaplains eliminated from list
of unclassified positions.
Sec. 2: Drug education materials authorized for
inmates.
Sec. 3: Inmate screening required.
Sec. 4: Inmate health care
decisions agent specified.
Sec. 5: Drug education authorized.
Sec. 6:
Notification requirements clarified.
Sec. 7: Drug education authorized.
Sec. 8:
Fee imposition modified.
Sec. 9: Employment continuation clarified.
Sec. 10:
Report to legislature and study on sexual offence recidivism required.
Sec. 11:
Transition.

ARTICLE 6 ¿ COURTS AND PUBLIC DEFENDERS

Section 1: Court
services data term clarified.
Sec. 2-24: Technical modifications, conforming
changes, effective dates, and statutory references provided.
Sec. 25: Trial
rule location specified.
Sec. 26: Pleading practice and procedure
regulated.
Sec. 27: Misdemeanor offences specified.
Sec. 28: Forfeited sum
reinstatement provided.
Sec. 29: Fine disposition provided.
Sec. 30: Ramsey
County district court fine disposition provided.
Sec. 31: Court divisions
provided.
Sec. 32: Criminal proceedings pleading, practice, procedure
regulations provided.
Sec. 33: County attorney as prosecutor notice
required.
Sec. 34: Prison release order required.
Sec. 35: Court administrator
fees payable specified.
Sec. 36: Misdemeanor violations bureaus
established.
Sec. 37: Additional employees provided.
Sec. 38: Bond appointment
duties modified.
Sec. 39: Fee collection modified.
Sec. 40: Fund investment
deposit provided.
Sec. 41: Deputies modified.
Sec. 42: St. Louis County deputy
court administrator named.
Sec. 43: Calendar stipulations modified.
Sec. 44:
Fine disposition regulations modified.
Sec. 45: Administrator fees
modified.
Sec. 46: Duty to appoint court commissioner modified.
Sec. 47:
Minimum standards plan modified.
Sec. 48: Entry and enforcement of forign
protective orders provided.
Sec. 49: Board of judicial standards review
provided.
Sec. 50: Witness ocmpetency provided.
Sec. 51: Minimum fines and
other crimes established.
Sec. 52: Public defender right to representation
regulation expanded.
Sec. 53: Public defender request for appointment
regulations modified.
Sec. 54: Public defender appointment modified.
Sec. 55:
Conforming changes.
Sec. 56: Defended persons regulations clarified.
Sec. 57:
Pretrial bail evaluation modified.
Sec. 58: District jail designation
modified.
Sec. 59: Date extended.
Sec. 60: Uncollected fines and penalties
task force established.
Sec. 61: Repealer.

ARTICLE 7 ¿ EMERGENCY
COMMUNICATIONS

Section 1: Combined local access surcharge modified.
Sec. 2:
Secondary public safety answering point term defined.
Sec. 3: Contractual
requrements modified.
Sec. 4: Service agreements provided.
Sec. 5: Duties
modified.
Sec. 6: Emergency telecommunications service fee account
modified.
Sec. 7: Payment method provided.
Sec. 8: Timely invoices
required.
Sec. 9: Invoice declaration modified.
Sec. 10: Audit modified.
Sec.
11: Fee usage modified.
Sec. 12: Local expenditures modified.
Sec. 13: Board
term definition modified.
Sec. 14: Plan term definition modified.
Sec. 15:
Subsystems term definition modified.
Sec. 16: System backbone term definition
modified.
Sec. 17: Local palnning process specified.
Sec. 18: Statewide system
usage modified.
Sec. 19: Membership of statewide radio board modified.
Sec.
20: Advisory groups modified.
Sec. 21: Repealer.

ARTICLE 8 ¿ IMMIGRATION;
LAW ENFORCEMENT
Section 1: Illegal immigration enforcement provided.
Sec. 2:
Required fingerprinting modified.
Sec. 3: Citizenship data maintenance
requirements provided.
Sec. 4: Conforming change.
Sec. 5: Citizenship and
immigration data modified.

ARTICLE 9 ¿ FRAUDULENT OR IMPROPER FINANCING
STATEMENTS

Section 1: Related term definitions modified.
Sec. 2: Notarial
acts expanded to include electronic records.
Sec. 3: Certificate of notarial
acts modified.
Sec. 4: Acknowledgement effect modified.
Sec. 5: Registration
to perform electronic notarizations provided.
Sec. 6: Specifications
modified.
Sec. 7: Electronic seal for notaries detailed.
Sec. 8: Powers
modified.
Sec. 9-10: Conforming change.
Sec. 11: Expedited financing statement
review process provided.
Sec. 12: Civil liability for fraudulent or otherwise
improper financing statements provided.
Sec. 13: Fraudulent or otherwise
improper financing statements prevention measures established.

ARTICLE 10 ¿
FRAUDULENT IDENTITY DOCUMENTS

Section 1: Related terms defined.
Sec. 2:
Fraudulent identification cards crime established.
Sec. 3: Related definitions
modified.
Sec. 4: Criminal acts conforming change provided.
Sec. 5: Penalties
expanded.

ARTICLE 11 ¿ COMPUTER CRIMES

Section 1: Applicability
provided.
Sec. 2: Computer security system defined.
Sec. 3: Encryption
defined.
Sec. 4: Personal data defined.
Sec. 5: Crime of unauthorized computer
access provided.
Sec. 6: Penalties provided.
Sec. 7: Criminal use of
encryption crime established.
Sec. 8: Computer security system access
facilitation crime established.

ARTICLE 12 ¿ IMMIGRATION EMPLOYMENT
VIOLATIONS

Section 1: Employer violation of federal immigration law
prohibited.

AME
4/24/06