1.1 	A bill for an act
1.2 	relating to public safety; modifying certain provisions relating to public safety, 
1.3 	courts, corrections, sexual offenders, predatory offenders, vehicle operations, and 
1.4 	firefighters; providing for a task force and working group; requiring reports; 
1.5 	providing for criminal penalties; appropriating money for courts, public safety, 
1.6 	sentencing guidelines, corrections, human rights, Peace Officer Standards and 
1.7 	Training (POST) Board, Private Detective Board, Guardian ad Litem Board, 
1.8 	Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, 
1.9 	and Bureau of Mediation Services;amending Minnesota Statutes 2018, sections 
1.10 	2.722, subdivision 1; 13.201; 13.72, subdivision 19; 15A.0815, subdivision 3; 
1.11 	84.91, subdivision 1; 86B.331, subdivision 1; 169A.24, subdivision 1; 169A.63, 
1.12 	by adding a subdivision; 171.07, subdivision 1a; 171.20, subdivision 4; 243.166, 
1.13 	subdivisions 1a, 1b, 2, 4, 4a, 4b, 4c, 5, 7; 243.48, subdivision 1; 244.052, 
1.14 	subdivision 4; 299A.707, by adding a subdivision; 299C.093; 299F.857; 299N.01, 
1.15 	subdivisions 2, 3; 299N.02, subdivisions 1, 2, 3; 299N.03, subdivisions 4, 5, 6, by 
1.16 	adding a subdivision; 299N.04; 299N.05, subdivisions 1, 2, 5, 6, 7, 9; 299N.06; 
1.17 	340A.22, subdivision 4; 357.021, subdivision 7; 363A.35, subdivision 3; 403.02, 
1.18 	by adding a subdivision; 403.03; 465.719, subdivision 14; 590.11, subdivisions 
1.19 	1, 2, 5, 7; 609.095; 609.341, subdivisions 10, 11, 12; 609.342, subdivision 1; 
1.20 	609.343, subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1; 609.3451, 
1.21 	subdivision 1; 609.746, subdivision 1; 609.749, subdivisions 1, 2, 3, 5, 8; 611.365, 
1.22 	subdivisions 2, 3; 611.367; 611.368; 617.246, subdivisions 2, 3, 4, 7; 617.247, 
1.23 	subdivisions 3, 4, 9; 624.712, subdivision 5; 626.556, subdivision 2; 631.412; 
1.24 	634.20; Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended; 
1.25 	proposing coding for new law in Minnesota Statutes, chapters 13; 171; 241; 243; 
1.26 	609; 626; repealing Minnesota Statutes 2018, section 13.72, subdivision 9.
1.27 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.28 	ARTICLE 1
1.29 	APPROPRIATIONS

1.30	Section 1. APPROPRIATIONS.
 	
1.31 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
1.32 	and for the purposes specified in this article. The appropriations are from the general fund, 
2.1 	or another named fund, and are available for the fiscal years indicated for each purpose. 
2.2 	The figures "2020" and "2021" used in this article mean that the appropriations listed under 
2.3 	them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively. 
2.4 	"The first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The biennium" 
2.5 	is fiscal years 2020 and 2021. Appropriations for the fiscal year ending June 30, 2019, are 
2.6 	effective the day following final enactment.

2.7				APPROPRIATIONS
	
2.8				Available for the Year
	
2.9				Ending June 30
	
2.10			2019
		2020
		2021

2.11	Sec. 2. SUPREME COURT

2.12	Subdivision 1.Total Appropriation
 	$
	56,367,000
	$
	57,495,000
	
2.13 	The amounts that may be spent for each 
2.14 	purpose are specified in the following 
2.15 	subdivisions.

2.16	Subd. 2.Supreme Court Operations
 		41,647,000
		42,775,000
	
2.17 	(a) Contingent Account
2.18 	$5,000 each year is for a contingent account 
2.19 	for expenses necessary for the normal 
2.20 	operation of the court for which no other 
2.21 	reimbursement is provided.
2.22 	(b) Judges' Compensation
2.23 	Judges' compensation is increased by 2.5 
2.24 	percent each year.
2.25 	(c) Cybersecurity Program
2.26 	$750,000 each year is for a cybersecurity 
2.27 	program.

2.28	Subd. 3.Civil Legal Services
 		14,720,000
		14,720,000
	
2.29 	Legal Services to Low-Income Clients in 
2.30 	Family Law Matters. $1,017,000 each year 
2.31 	is to improve the access of low-income clients 
2.32 	to legal representation in family law matters. 
2.33 	This appropriation must be distributed under 
3.1 	Minnesota Statutes, section 480.242, to the 
3.2 	qualified legal services program described in 
3.3 	Minnesota Statutes, section 480.242, 
3.4 	subdivision 2, paragraph (a). Any 
3.5 	unencumbered balance remaining in the first 
3.6 	year does not cancel and is available in the 
3.7 	second year.

3.8	Sec. 3. COURT OF APPEALS
 	$
	12,831,000
	$
	13,163,000
	
3.9 	Judges' Compensation.Judges' compensation 
3.10 	is increased by 2.5 percent each year.

3.11	Sec. 4. DISTRICT COURTS
 	$
	309,002,000
	$
	317,202,000
	
3.12 	(a) Judges' Compensation
3.13 	Judges' compensation is increased by 2.5 
3.14 	percent each year.
3.15 	(b) New Trial Judge
3.16 	$456,000 the first year and $423,000 the 
3.17 	second year are for one new trial court judge 
3.18 	unit in the Seventh Judicial District.
3.19 	(c) Mandated Psychological Services
3.20 	$1,070,000 each year is for mandated 
3.21 	psychological services.
3.22 	(d) Treatment Courts Stability
3.23 	$306,000 each year is for treatment courts 
3.24 	stability.

3.25	Sec. 5. GUARDIAN AD LITEM BOARD
 	$
	21,386,000
	$
	22,000,000
	
3.26 	Compliance Positions. $4,000,000 each year 
3.27 	is for new positions to maintain compliance 
3.28 	with federal and state mandates.

3.29	Sec. 6. TAX COURT
 	$
	1,807,000
	$
	1,808,000

3.30	Sec. 7. UNIFORM LAWS COMMISSION
 	$
	98,000
	$
	98,000

3.31	Sec. 8. BOARD ON JUDICIAL STANDARDS
 	$
	535,000
	$
	509,000
	
4.1 	Major Disciplinary Actions. $125,000 each 
4.2 	year is for special investigative and hearing 
4.3 	costs for major disciplinary actions undertaken 
4.4 	by the board. This appropriation does not 
4.5 	cancel. Any unencumbered and unspent 
4.6 	balances remain available for these 
4.7 	expenditures until June 30, 2023.

4.8	Sec. 9. BOARD OF PUBLIC DEFENSE
 	$
	96,374,000
	$
	101,178,000
	
4.9 	(a) New Positions
4.10 	$3,000,000 each year is for new attorneys and 
4.11 	support staff.
4.12 	(b) Public Defense Corporations
4.13 	$82,000 the first year and $166,000 the second 
4.14 	year are for public defense corporations.

4.15	Sec. 10. HUMAN RIGHTS
 	$
	4,911,000
	$
	5,131,000
	
4.16 	Civic Engagement. $134,000 the first year 
4.17 	and $157,000 the second year are for a civic 
4.18 	engagement position and expenses related to 
4.19 	that position.

4.20	Sec. 11. SENTENCING GUIDELINES
 	$
	679,000
	$
	687,000

4.21	Sec. 12. PUBLIC SAFETY

4.22	Subdivision 1.Total Appropriation
 	$
	199,198,000
	$
	198,864,000

4.23	Appropriations by Fund
	
4.24		2020
	2021
	
4.25	General
	104,829,000
	104,565,000
	
4.26	Special Revenue
	13,926,000
	13,926,000
	
4.27
4.28	State Government 
Special Revenue
	103,000
	103,000
	
4.29	Environmental
	73,000
	73,000
	
4.30	Trunk Highway
	2,429,000
	2,429,000
	
4.31	911 Fund
	77,838,000
	77,768,000
	
5.1 	The amounts that may be spent for each 
5.2 	purpose are specified in the following 
5.3 	subdivisions.

5.4	Subd. 2.Emergency Management
 		5,058,000
		4,718,000

5.5	Appropriations by Fund
	
5.6	General
	3,460,000
	3,120,000
	
5.7	Environmental
	73,000
	73,000
	
5.8
5.9	Special Revenue 
Fund
	1,525,000
	1,525,000
	
5.10 	(a) Hazmat and Chemical Assessment 
5.11 	Teams
5.12 	$850,000 each year is from the fire safety 
5.13 	account in the special revenue fund. These 
5.14 	amounts must be used to fund the hazardous 
5.15 	materials and chemical assessment teams. Of 
5.16 	this amount, $100,000 the first year is for 
5.17 	cases for which there is no identified 
5.18 	responsible party.
5.19 	(b) Supplemental Nonprofit Security Grants
5.20 	$225,000 each year is for supplemental 
5.21 	nonprofit security grants under this paragraph.
5.22 	Nonprofit organizations whose applications 
5.23 	for funding through the Federal Emergency 
5.24 	Management Agency's nonprofit security grant 
5.25 	program have been approved by the Division 
5.26 	of Homeland Security and Emergency 
5.27 	Management are eligible for grants under this 
5.28 	paragraph. No additional application shall be 
5.29 	required for grants under this paragraph, and 
5.30 	an application for a grant from the federal 
5.31 	program is also an application for funding 
5.32 	from the state supplemental program.
5.33 	Eligible organizations may receive grants of 
5.34 	up to $75,000, except that the total received 
6.1 	by any individual from both the federal 
6.2 	nonprofit security grant program and the state 
6.3 	supplemental nonprofit security grant program 
6.4 	shall not exceed $75,000. Grants shall be 
6.5 	awarded in an order consistent with the 
6.6 	ranking given to applicants for the federal 
6.7 	nonprofit security grant program. No grants 
6.8 	under the state supplemental nonprofit security 
6.9 	grant program shall be awarded until the 
6.10 	announcement of the recipients and the 
6.11 	amount of the grants awarded under the federal 
6.12 	nonprofit security grant program.
6.13 	The commissioner may use up to one percent 
6.14 	of the appropriation received under this 
6.15 	paragraph to pay costs incurred by the 
6.16 	department in administering the supplemental 
6.17 	nonprofit security grant program. These 
6.18 	appropriations are onetime.
6.19 	(c) Rapidan Township
6.20 	$340,000 the first year is for distribution to 
6.21 	Rapidan Township under Minnesota Statutes, 
6.22 	section 12A.03, subdivision 2, for costs 
6.23 	incurred from flooding that resulted in 
6.24 	Presidential Disaster Declaration DR-1941. 
6.25 	Of this amount, $237,906.91 is for 
6.26 	reimbursement of the Federal Emergency 
6.27 	Management Agency (FEMA) Public 
6.28 	Assistance Program. This appropriation is 
6.29 	available until June 30, 2020.
6.30 	(d) Bomb Squad Reimbursements
6.31 	$50,000 each year is for reimbursements to 
6.32 	local governments for bomb squad services.
6.33 	(e) School Safety Center
7.1 	$250,000 each year is to hire two additional 
7.2 	school safety specialists in the school safety 
7.3 	center. These appropriations are onetime.
7.4 	(f) Emergency Response Teams
7.5 	$675,000 each year is from the fire safety 
7.6 	account in the special revenue fund to maintain 
7.7 	four emergency response teams: one under the 
7.8 	jurisdiction of the St. Cloud Fire Department 
7.9 	or a similarly located fire department if 
7.10 	necessary; one under the jurisdiction of the 
7.11 	Duluth Fire Department; one under the 
7.12 	jurisdiction of the St. Paul Fire Department; 
7.13 	and one under the jurisdiction of the Moorhead 
7.14 	Fire Department. The commissioner must 
7.15 	allocate the appropriation as follows:
7.16 	(1) $225,000 each year to the St. Cloud Fire 
7.17 	Department;
7.18 	(2) $225,000 each year to the Duluth Fire 
7.19 	Department;
7.20 	(3) $125,000 each year to the St. Paul Fire 
7.21 	Department; and
7.22 	(4) $100,000 each year to the Moorhead Fire 
7.23 	Department.
7.24 	These are onetime appropriations.

7.25	Subd. 3.Criminal Apprehension
 		61,764,000
		61,897,000

7.26	Appropriations by Fund
	
7.27	General
	59,328,000
	59,461,000
	
7.28
7.29	State Government 
Special Revenue
	7,000
	7,000
	
7.30	Trunk Highway
	2,429,000
	2,429,000
	
7.31 	(a) DWI Lab Analysis; Trunk Highway 
7.32 	Fund
8.1 	Notwithstanding Minnesota Statutes, section 
8.2 	161.20, subdivision 3, $2,429,000 each year 
8.3 	is from the trunk highway fund for laboratory 
8.4 	analysis related to driving-while-impaired 
8.5 	cases.

8.6	(b) FBI Cybersecurity Compliance
					
8.7 	$428,000 each year is for staff and technology 
8.8 	costs to meet FBI cybersecurity requirements.
8.9 	(c) Automated Fingerprint Identification 
8.10 	System
8.11 	$1,500,000 each year is to replace the current 
8.12 	automated fingerprint identification system 
8.13 	with a new leased technology system.
8.14 	(d) Drug Agents, Forensic Scientists, 
8.15 	Analyst
8.16 	$650,000 each year is for drug agents, forensic 
8.17 	scientists, and an analyst.
8.18 	(e) Base Adjustment
8.19 	To account for the base adjustments provided 
8.20 	in Laws 2018, chapter 211, article 21, section 
8.21 	1, paragraph (a), the general fund base is 
8.22 	increased by $131,000 in fiscal years 2022 
8.23 	and 2023.

8.24	Subd. 4.Fire Marshal
 		6,622,000
		6,622,000

8.25	Appropriations by Fund
	
8.26	Special Revenue
	6,622,000
	6,622,000
	
8.27 	The special revenue fund appropriation is from 
8.28 	the fire safety account in the special revenue 
8.29 	fund and is for activities under Minnesota 
8.30 	Statutes, section 299F.012.
9.1 	Inspections. $300,000 each year is for 
9.2 	inspection of nursing homes and boarding care 
9.3 	facilities.

9.4
9.5	Subd. 5.Firefighter Training and Education 
Board
 		5,015,000
		5,015,000

9.6	Appropriations by Fund
	
9.7	Special Revenue
	5,015,000
	5,015,000
	
9.8 	The special revenue fund appropriation is from 
9.9 	the fire safety account in the special revenue 
9.10 	fund and is for activities under Minnesota 
9.11 	Statutes, section 299F.012.

9.12	(a) Firefighter Training and Education
					
9.13 	$4,265,000 each year is for firefighter training 
9.14 	and education.
9.15 	(b) Task Force 1
9.16 	$500,000 each year is for the Minnesota Task 
9.17 	Force 1.
9.18 	(c) Air Rescue
9.19 	$250,000 each year is for the Minnesota Air 
9.20 	Rescue Team.

9.21	(d) Unappropriated Revenue
					
9.22 	Any additional unappropriated money 
9.23 	collected in fiscal year 2019 is appropriated 
9.24 	to the commissioner of public safety for the 
9.25 	purposes of Minnesota Statutes, section 
9.26 	299F.012. The commissioner may transfer 
9.27 	appropriations and base amounts between 
9.28 	activities in this subdivision.

9.29	Subd. 6.Alcohol and Gambling Enforcement
 		2,754,000
		2,762,000

9.30	Appropriations by Fund
	
9.31	General
	1,990,000
	1,998,000
	
9.32	Special Revenue
	764,000
	764,000
	
10.1 	$694,000 each year is from the alcohol 
10.2 	enforcement account in the special revenue 
10.3 	fund. Of this appropriation, $500,000 each 
10.4 	year shall be transferred to the general fund.
10.5 	$70,000 each year is from the lawful gambling 
10.6 	regulation account in the special revenue fund.
10.7 	Base Adjustment
10.8 	To account for the base adjustments provided 
10.9 	in Laws 2018, chapter 211, article 21, section 
10.10 	1, paragraph (a), the general fund base is 
10.11 	increased by $8,000 in fiscal years 2022 and 
10.12 	2023.

10.13	Subd. 7.Office of Justice Programs
 		40,147,000
		40,082,000

10.14	Appropriations by Fund
	
10.15	General
	40,051,000
	39,986,000
	
10.16
10.17	State Government 
Special Revenue
	96,000
	96,000
	
10.18 	(a) Base Adjustment
10.19 	To account for the base adjustments provided 
10.20 	in Laws 2018, chapter 211, article 21, section 
10.21 	1, paragraph (a), the general fund base is 
10.22 	increased by $2,000 in fiscal years 2022 and 
10.23 	2023.

10.24	(b) Administration Costs
					
10.25 	Up to 2.5 percent of the grant funds 
10.26 	appropriated in this subdivision may be used 
10.27 	by the commissioner to administer the grant 
10.28 	program.

10.29	(c) Indigenous Women Task Force
					
10.30 	$105,000 the first year and $45,000 the second 
10.31 	year are for expenses related to the task force 
10.32 	on missing and murdered indigenous women. 
10.33 	These are onetime appropriations.
11.1 	(d) Domestic Abuse Prevention Grants
11.2 	$200,000 each year is for a grant to a domestic 
11.3 	abuse prevention program that provides 
11.4 	interdisciplinary, trauma-informed treatment 
11.5 	and evidence-informed intervention for 
11.6 	veterans and current or former service 
11.7 	members and their whole families affected by 
11.8 	domestic violence. The grantee must offer a 
11.9 	combination of services for perpetrators of 
11.10 	domestic violence and their families, including 
11.11 	individual and group therapy, evaluation and 
11.12 	research of programming, and short- and 
11.13 	long-term case management services to ensure 
11.14 	stabilization and increase in their overall 
11.15 	mental health functioning and well-being. 
11.16 	These appropriations are onetime.
11.17 	(e) Criminal Sexual Conduct Statutory 
11.18 	Reform Working Group
11.19 	$20,000 the first year and $14,000 the second 
11.20 	year are to convene, administer, and 
11.21 	implement the criminal sexual conduct 
11.22 	statutory reform working group. These 
11.23 	appropriations are onetime.

11.24	Subd. 8.Emergency Communication Networks
 		77,838,000
		77,768,000
	
11.25 	This appropriation is from the state 
11.26 	government special revenue fund for 911 
11.27 	emergency telecommunications services.
11.28 	This appropriation includes funds for 
11.29 	information technology project services and 
11.30 	support subject to the provisions of Minnesota 
11.31 	Statutes, section 16E.0466. Any ongoing 
11.32 	information technology costs will be 
11.33 	incorporated into the service level agreement 
11.34 	and will be paid to the Office of MN.IT 
12.1 	Services by the Department of Public Safety 
12.2 	under the rates and mechanism specified in 
12.3 	that agreement.

12.4	(a) Public Safety Answering Points
					
12.5 	$13,664,000 each year is to be distributed as 
12.6 	provided in Minnesota Statutes, section 
12.7 	403.113, subdivision 2.

12.8	(b) Medical Resource Communication Centers
					
12.9 	$683,000 each year is for grants to the 
12.10 	Minnesota Emergency Medical Services 
12.11 	Regulatory Board for the Metro East and 
12.12 	Metro West Medical Resource 
12.13 	Communication Centers that were in operation 
12.14 	before January 1, 2000.

12.15	(c) ARMER Debt Service
					
12.16 	$23,261,000 each year is transferred to the 
12.17 	commissioner of management and budget to 
12.18 	pay debt service on revenue bonds issued 
12.19 	under Minnesota Statutes, section 403.275.
12.20 	Any portion of this appropriation not needed 
12.21 	to pay debt service in a fiscal year may be used 
12.22 	by the commissioner of public safety to pay 
12.23 	cash for any of the capital improvements for 
12.24 	which bond proceeds were appropriated by 
12.25 	Laws 2005, chapter 136, article 1, section 9, 
12.26 	subdivision 8; or Laws 2007, chapter 54, 
12.27 	article 1, section 10, subdivision 8.
12.28 	(d) ARMER State Backbone Operating 
12.29 	Costs
12.30 	$9,675,000 each year is transferred to the 
12.31 	commissioner of transportation for costs of 
12.32 	maintaining and operating the statewide radio 
12.33 	system backbone.
13.1 	(e) ARMER Improvements
13.2 	$1,000,000 each year is to the Statewide 
13.3 	Emergency Communications Board for 
13.4 	improvements to those elements of the 
13.5 	statewide public safety radio and 
13.6 	communication system that support mutual 
13.7 	aid communications and emergency medical 
13.8 	services or provide interim enhancement of 
13.9 	public safety communication interoperability 
13.10 	in those areas of the state where the statewide 
13.11 	public safety radio and communication system 
13.12 	is not yet implemented, and grants to local 
13.13 	units of government to further the strategic 
13.14 	goals set forth by the Statewide Emergency 
13.15 	Communications Board strategic plan.
13.16 	(f) Telephone Cardiopulmonary 
13.17 	Resuscitation Program
13.18 	$188,000 the first year and $118,000 the 
13.19 	second year are for grants to reimburse public 
13.20 	safety answering points for the cost of 911 
13.21 	telecommunicator cardiopulmonary 
13.22 	resuscitation training.

13.23
13.24	Sec. 13. PEACE OFFICER STANDARDS AND 
TRAINING (POST) BOARD

13.25
13.26	Subdivision 1.Total 
Appropriation
 	$
	400,000
	$
	10,346,000
	$
	10,346,000
	
13.27 	The amounts that may be spent for each 
13.28 	purpose are specified in the following 
13.29 	subdivisions.

13.30	Subd. 2.Deficiency
 					
13.31 	$400,000 in fiscal year 2019 is to pay for a 
13.32 	projected deficiency in operating expenses.

14.1	Subd. 3.Peace Officer Training Reimbursements
 					
14.2 	$2,949,000 each year is for reimbursements 
14.3 	to local governments for peace officer training 
14.4 	costs.

14.5	Subd. 4.Peace Officer Training Assistance
 					
14.6 	$6,000,000 each year is to support and 
14.7 	strengthen law enforcement training and 
14.8 	implement best practices. The base for this 
14.9 	activity is $0 in fiscal year 2022 and thereafter.

14.10	Subd. 5.De-escalation Training
 					
14.11 	$100,000 each year is for training state and 
14.12 	local community safety personnel in the use 
14.13 	of crisis de-escalation techniques. The board 
14.14 	must ensure that training opportunities 
14.15 	provided are reasonably distributed statewide.

14.16	Subd. 6.Rules Coordinator
 					
14.17 	$100,000 each year is for a rules coordinator 
14.18 	position.

14.19	Sec. 14. PRIVATE DETECTIVE BOARD
 	$
	277,000
	$
	277,000

14.20	Sec. 15. CORRECTIONS

14.21	Subdivision 1.Total Appropriation
 	$
	611,119,000
	$
	624,604,000
	
14.22 	The amounts that may be spent for each 
14.23 	purpose are specified in the following 
14.24 	subdivisions.

14.25	Subd. 2.Correctional Institutions
 		449,096,000
		461,867,000
	
14.26 	(a) Base Adjustment
14.27 	To account for the base adjustments provided 
14.28 	in Laws 2018, chapter 211, article 21, section 
14.29 	1, paragraph (a), the base is increased by 
14.30 	$2,342,000 in fiscal year 2022 and $2,342,000 
14.31 	in fiscal year 2023.
15.1 	(b) Facility Staff Positions
15.2 	$2,800,000 the first year and $4,800,000 the 
15.3 	second year are to add full-time equivalent 
15.4 	positions for correctional officers and full-time 
15.5 	equivalent positions for corrections lieutenants 
15.6 	located in correctional facilities by fiscal year 
15.7 	2023. The base is increased to $5,551,000 in 
15.8 	fiscal year 2022 and $5,552,000 in fiscal year 
15.9 	2023.
15.10 	(c) Staffing Recruitment and Retention
15.11 	$1,337,000 the first year and $1,338,000 the 
15.12 	second year are for recruitment and retention 
15.13 	of correctional officers. The base shall be 
15.14 	$2,038,000 beginning in fiscal year 2022.
15.15 	(d) Offender Health Care
15.16 	$2,072,000 the first year and $3,272,000 the 
15.17 	second year are to maintain full funding of the 
15.18 	offender health care contract.
15.19 	(e) Office of Ombudsperson for Corrections
15.20 	$654,000 the first year and $655,000 the 
15.21 	second year are to reestablish and operate the 
15.22 	Office of Ombudsperson for Corrections.
15.23 	(f) Electronic Health Records
15.24 	$130,000 the first year and $663,000 the 
15.25 	second year are for electronic health records.

15.26	Subd. 3.Community Services
 		132,959,000
		133,738,000
	
15.27 	(a) Base Adjustment
15.28 	To account for the base adjustments provided 
15.29 	in Laws 2018, chapter 211, article 21, section 
15.30 	1, paragraph (a), the base is increased by 
15.31 	$168,000 in fiscal year 2022 and $168,000 in 
15.32 	fiscal year 2023.
16.1 	(b) Juvenile Justice Reform
16.2 	(1) $280,000 each year is to provide juvenile 
16.3 	justice services and resources to Minnesota 
16.4 	counties.
16.5 	(2) $220,000 each year is for grants to local 
16.6 	agencies to establish juvenile detention 
16.7 	alternatives.

16.8	Subd. 4.Operations Support
 		29,064,000
		28,999,000
	
16.9 	(a) Base Adjustment
16.10 	To account for the base adjustments provided 
16.11 	in Laws 2018, chapter 211, article 21, section 
16.12 	1, paragraph (a), the base is increased by 
16.13 	$64,000 in fiscal year 2022 and $64,000 in 
16.14 	fiscal year 2023.
16.15 	(b) Critical Technology Needs
16.16 	$366,000 the first year is to support critical 
16.17 	technology needs.

16.18 	ARTICLE 2
16.19 	COURTS AND PUBLIC SAFETY

16.20 	Section 1. Minnesota Statutes 2018, section 2.722, subdivision 1, is amended to read:
16.21 		Subdivision 1.Description. Effective July 1, 1959, the state is divided into ten judicial 
16.22 	districts composed of the following named counties, respectively, in each of which districts 
16.23 	judges shall be chosen as hereinafter specified:
16.24 	1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four 
16.25 	permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe 
16.26 	and one other shall be maintained at the place designated by the chief judge of the district;
16.27 	2. Ramsey; 26 judges;
16.28 	3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, 
16.29 	and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert 
16.30 	Lea, Austin, Rochester, and Winona;
16.31 	4. Hennepin; 60 judges;
17.1 	5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, 
17.2 	Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and permanent 
17.3 	chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
17.4 	6. Carlton, St. Louis, Lake, and Cook; 15 judges;
17.5 	7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and 
17.6 	Wadena; 29 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus 
17.7 	Falls, Little Falls, and St. Cloud;
17.8 	8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big 
17.9 	Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers 
17.10 	shall be maintained in Morris, Montevideo, and Willmar;
17.11 	9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, 
17.12 	Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and 
17.13 	Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief 
17.14 	River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
17.15 	10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 
17.16 	judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places 
17.17 	designated by the chief judge of the district.

17.18 	Sec. 2. Minnesota Statutes 2018, section 13.201, is amended to read:
17.19 	13.201 RIDESHARE DATA.
17.20 	The following data on participants, collected by the Minnesota Department of 
17.21 	Transportation and the Metropolitan Council a government entity to administer rideshare 
17.22 	programs, are classified as private under section 13.02, subdivision 12, or nonpublic under 
17.23 	section 13.02, subdivision 9: residential address and telephone number; beginning and 
17.24 	ending work hours; current mode of commuting to and from work; place of employment; 
17.25 	photograph; biographical information; and type of rideshare service information requested.

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

17.27 	Sec. 3. Minnesota Statutes 2018, section 13.72, subdivision 19, is amended to read:
17.28 		Subd. 19.Transit customer data. (a) Data on applicants, users, and customers of public 
17.29 	transit collected by or through the Metropolitan Council's a government entity's personalized 
17.30 	web services or the Metropolitan Council's regional fare collection system are private data 
18.1 	on individuals. As used in this subdivision, the following terms have the meanings given 
18.2 	them:
18.3 	(1) "regional fare collection system" means the fare collection system created and 
18.4 	administered by the council that is used for collecting fares or providing fare cards or passes 
18.5 	for transit services which includes:
18.6 	(i) regular route bus service within the metropolitan area and paratransit service, whether 
18.7 	provided by the council or by other providers of regional transit service;
18.8 	(ii) light rail transit service within the metropolitan area;
18.9 	(iii) rideshare programs administered by the council;
18.10 	(iv) special transportation services provided under section 473.386; and
18.11 	(v) commuter rail service;
18.12 	(2) "personalized web services" means services for which transit service applicants, 
18.13 	users, and customers must establish a user account; and
18.14 	(3) "metropolitan area" means the area defined in section 473.121, subdivision 2.
18.15 	(b) The council A government entity may disseminate data on user and customer 
18.16 	transaction history and fare card use to government entities, organizations, school districts, 
18.17 	educational institutions, and employers that subsidize or provide fare cards to their clients, 
18.18 	students, or employees. "Data on user and customer transaction history and fare card use" 
18.19 	means:
18.20 	(1) the date a fare card was used;
18.21 	(2) the time a fare card was used;
18.22 	(3) the mode of travel;
18.23 	(4) the type of fare product used; and
18.24 	(5) information about the date, time, and type of fare product purchased.
18.25 	Government entities, organizations, school districts, educational institutions, and employers 
18.26 	may use customer transaction history and fare card use data only for purposes of measuring 
18.27 	and promoting fare card use and evaluating the cost-effectiveness of their fare card programs. 
18.28 	If a user or customer requests in writing that the council limit the disclosure of transaction 
18.29 	history and fare card use, the council may disclose only the card balance and the date a card 
18.30 	was last used.
19.1 	(c) The council A government entity may disseminate transit service applicant, user, 
19.2 	and customer data to another government entity to prevent unlawful intrusion into government 
19.3 	electronic systems, or as otherwise provided by law.

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

19.5 	Sec. 4. Minnesota Statutes 2018, section 171.20, subdivision 4, is amended to read:
19.6 		Subd. 4.Reinstatement fee. (a) Before the license is reinstated, (1) an individual whose 
19.7 	driver's license has been suspended under section 171.16, subdivisions 2 and 3; 171.175; 
19.8 	171.18; or 171.182, or who has been disqualified from holding a commercial driver's license 
19.9 	under section 171.165, and (2) an individual whose driver's license has been suspended 
19.10 	under section 171.186 and who is not exempt from such a fee, must pay a fee of $20.
19.11 	(b) Before the license is reinstated, an individual whose license has been suspended 
19.12 	under sections 169.791 to 169.798 must pay a $20 reinstatement fee.
19.13 	(c) When fees are collected by a licensing agent appointed under section 171.061, a 
19.14 	handling charge is imposed in the amount specified under section 171.061, subdivision 4. 
19.15 	The reinstatement fee and surcharge must be deposited in an approved state depository as 
19.16 	directed under section 171.061, subdivision 4.
19.17 	(d) Reinstatement fees collected under paragraph (a) for suspensions under sections 
19.18 	171.16, subdivision 3, and 171.18, subdivision 1, clause (10), must be deposited in the 
19.19 	special revenue fund and are appropriated to the Peace Officer Standards and Training Board 
19.20 	for peace officer training reimbursement to local units of government general fund.
19.21 	(e) A suspension may be rescinded without fee for good cause.

19.22 	Sec. 5. Minnesota Statutes 2018, section 299A.707, is amended by adding a subdivision 
19.23 	to read:
19.24 		Subd. 6.Annual transfer. In fiscal year 2018 and each year thereafter, the commissioner 
19.25 	of management and budget shall transfer $461,000 from the general fund to the community 
19.26 	justice reinvestment account.

19.27 	EFFECTIVE DATE. This section is effective retroactively from July 1, 2017.

20.1 	Sec. 6. Minnesota Statutes 2018, section 299F.857, is amended to read:
20.2 	299F.857 REDUCED CIGARETTE IGNITION PROPENSITY ACCOUNT.
20.3 	The reduced cigarette ignition propensity account is established in the state treasury. 
20.4 	The account consists of all money recovered as penalties under section 299F.854 and fees 
20.5 	collected under section 299F.852, subdivision 5. The money must be deposited to the credit 
20.6 	of the account and, in addition to any other money made available for such purpose, is 
20.7 	appropriated to the state fire marshal for costs associated with the development and 
20.8 	presentation of fire and life safety education programs throughout Minnesota, and all costs 
20.9 	associated with sections 299F.850 to 299F.859.

20.10 	Sec. 7. Minnesota Statutes 2018, section 340A.22, subdivision 4, is amended to read:
20.11 		Subd. 4.Off-sale license. A microdistillery may be issued a license by the local licensing 
20.12 	authority for off-sale of distilled spirits, with the approval of the commissioner. The license 
20.13 	may allow the sale of one 375 milliliter bottle per customer per day of product manufactured 
20.14 	on site, subject to the following requirements:
20.15 	(1) off-sale hours of sale must conform to hours of sale for retail off-sale licensees in 
20.16 	the licensing municipality; and
20.17 	(2) no brand may be sold at the microdistillery unless it is also available for distribution 
20.18 	by wholesalers.

20.19 	Sec. 8. Minnesota Statutes 2018, section 357.021, subdivision 7, is amended to read:
20.20 		Subd. 7.Disbursement of surcharges by commissioner of management and 
20.21 	budget. (a) Except as provided in paragraphs (b), (c), and to (d), the commissioner of 
20.22 	management and budget shall disburse surcharges received under subdivision 6 and section 
20.23 	97A.065, subdivision 2, as follows:
20.24 	(1) one percent shall be credited to the peace officer training account in the game and 
20.25 	fish fund to provide peace officer training for employees of the Department of Natural 
20.26 	Resources who are licensed under sections 626.84 to 626.863, and who possess peace officer 
20.27 	authority for the purpose of enforcing game and fish laws; and
20.28 	(2) 39 percent shall be credited to the peace officers training account in the special 
20.29 	revenue fund; and
20.30 	(3) 60 (2) 99 percent shall be credited to the general fund.
21.1 	(b) The commissioner of management and budget shall credit $3 of each surcharge 
21.2 	received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.
21.3 	(c) In addition to any amounts credited under paragraph (a), the commissioner of 
21.4 	management and budget shall credit $47 of each surcharge received under subdivision 6 
21.5 	and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.
21.6 	(d) If the Ramsey County Board of Commissioners authorizes imposition of the additional 
21.7 	$1 surcharge provided for in subdivision 6, paragraph (a), the court administrator in the 
21.8 	Second Judicial District shall transmit the surcharge to the commissioner of management 
21.9 	and budget. The $1 special surcharge is deposited in a Ramsey County surcharge account 
21.10 	in the special revenue fund and amounts in the account are appropriated to the trial courts 
21.11 	for the administration of the petty misdemeanor diversion program operated by the Second 
21.12 	Judicial District Ramsey County Violations Bureau.

21.13 	Sec. 9. Minnesota Statutes 2018, section 363A.35, subdivision 3, is amended to read:
21.14 		Subd. 3.Access to closed files. (a) Except as otherwise provided in this subdivision, 
21.15 	human rights investigative data contained in a closed case file are private data on individuals 
21.16 	or nonpublic data. The name and address of the charging party and respondent, factual basis 
21.17 	of the allegations, the statute under which the action is brought, the part of the summary of 
21.18 	the investigation that does not contain identifying data on a person other than the complainant 
21.19 	or respondent, and the commissioner's memorandum determining whether probable cause 
21.20 	has been shown are public data.
21.21 	(b) The commissioner may make human rights investigative data contained in a closed 
21.22 	case file inaccessible to the charging party or the respondent in order to protect medical or 
21.23 	other security interests of the parties or third persons.
21.24 	(c) Except for paragraph (b), when the charging party files a case in district court, the 
21.25 	commissioner may provide private data or nonpublic data in a closed case file to the charging 
21.26 	party and respondent.

21.27 	Sec. 10. Minnesota Statutes 2018, section 403.02, is amended by adding a subdivision to 
21.28 	read:
21.29 		Subd. 17c.911 telecommunicator. "911 telecommunicator" means a person employed 
21.30 	by a public safety answering point, an emergency medical dispatch service provider, or 
21.31 	both, who is qualified to answer incoming emergency telephone calls or provide for the 
22.1 	appropriate emergency response either directly or through communication with the 
22.2 	appropriate public safety answering point.

22.3 	Sec. 11. Minnesota Statutes 2018, section 403.03, is amended to read:
22.4 	403.03 911 SERVICES TO BE PROVIDED.
22.5 		Subdivision 1.Emergency response services. Services available through a 911 system 
22.6 	must include police, firefighting, and emergency medical and ambulance services. Other 
22.7 	emergency and civil defense services may be incorporated into the 911 system at the 
22.8 	discretion of the public agency operating the public safety answering point. The 911 system 
22.9 	may include a referral to mental health crisis teams, where available.
22.10 		Subd. 2.Telephone cardiopulmonary resuscitation program. (a) On or before July 
22.11 	1, 2021, every public safety answering point must maintain a telephone cardiopulmonary 
22.12 	resuscitation program by either:
22.13 	(1) providing each 911 telecommunicator with training in cardiopulmonary resuscitation; 
22.14 	or
22.15 	(2) transferring callers to another public safety answering point with 911 
22.16 	telecommunicators that have received training in cardiopulmonary resuscitation.
22.17 	(b) Training in cardiopulmonary resuscitation must, at a minimum, include:
22.18 	(1) use of an evidence-based protocol or script for providing cardiopulmonary 
22.19 	resuscitation instruction that has been recommended by an academic institution or a nationally 
22.20 	recognized organization specializing in medical dispatch and, if the public safety answering 
22.21 	point has a medical director, approved by that medical director; and
22.22 	(2) appropriate continuing education, as determined by the evidence-based protocol for 
22.23 	providing cardiopulmonary resuscitation instruction and, if the public safety answering 
22.24 	point has a medical director, approved by that medical director.
22.25 	(c) A public safety answering point that transfers callers to another public safety 
22.26 	answering point must, at a minimum:
22.27 	(1) use an evidence-based protocol for the identification of a person in need of 
22.28 	cardiopulmonary resuscitation;
22.29 	(2) provide each 911 telecommunicator with appropriate training and continuing education 
22.30 	to identify a person in need of cardiopulmonary resuscitation through the use of an 
22.31 	evidence-based protocol; and
23.1 	(3) ensure that any public safety answering point to which calls are transferred uses 911 
23.2 	telecommunicators who meet the training requirements under paragraph (b).
23.3 	(d) Each public safety answering point shall conduct ongoing quality assurance of its 
23.4 	telephone cardiopulmonary resuscitation program.
23.5 		Subd. 3.Monitoring and enforcing training requirements. The Statewide Emergency 
23.6 	Communications Board shall adopt protocols to ensure that operators of every public safety 
23.7 	answering point comply with subdivision 2.
23.8 		Subd. 4.Liability exemption. (a) If a caller refuses or is otherwise unwilling or unable 
23.9 	to provide cardiopulmonary resuscitation or receive telephone cardiopulmonary resuscitation 
23.10 	instruction, the 911 telecommunicator is not required to provide cardiopulmonary 
23.11 	resuscitation instruction and is immune from civil liability for any damages resulting from 
23.12 	the fact that such instruction was not provided.
23.13 	(b) Telephone cardiopulmonary resuscitation instruction is a general duty to the public 
23.14 	rather than a special duty owed to individuals, and a 911 telecommunicator must exercise 
23.15 	judgment and discretion in performing actions including but not limited to:
23.16 	(1) determining whether a particular situation requires instituting the cardiopulmonary 
23.17 	resuscitation program;
23.18 	(2) determining whether a caller refuses or is otherwise unable or unwilling to provide 
23.19 	cardiopulmonary resuscitation or receive telephone cardiopulmonary resuscitation instruction;
23.20 	(3) using and appropriately adapting an evidence-based protocol or script for providing 
23.21 	cardiopulmonary resuscitation instruction based on individual callers and emergency 
23.22 	situations presented by callers; and
23.23 	(4) determining when to transfer a caller to another public safety answering point with 
23.24 	911 telecommunicators that have received training in cardiopulmonary resuscitation.

23.25 	Sec. 12. Minnesota Statutes 2018, section 465.719, subdivision 14, is amended to read:
23.26 		Subd. 14.Data classification. The following data created, collected, or maintained by 
23.27 	a corporation subject to this section are classified as private data under section 13.02, 
23.28 	subdivision 12, or as nonpublic data under section 13.02, subdivision 9: (1) data relating 
23.29 	either (i) to private businesses consisting of financial statements, credit reports, audits, 
23.30 	business plans, income and expense projections, customer lists, balance sheets, income tax 
23.31 	returns, and design, market, and feasibility studies not paid for with public funds, or (ii) to 
23.32 	enterprises operated by the corporation that are in competition with entities offering similar 
24.1 	goods and services, so long as the data are not generally known or readily ascertainable by 
24.2 	proper means and disclosure of specific data would cause harm to the competitive position 
24.3 	of the enterprise or private business, provided that the goods or services do not require a 
24.4 	tax levy; and (2) any data identified in sections section13.201and 13.72, subdivision 9,
24.5 	collected or received by a transit organization.

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

24.7 	Sec. 13. Minnesota Statutes 2018, section 590.11, subdivision 1, is amended to read:
24.8 		Subdivision 1.DefinitionDefinitions. (a) For purposes of this section, the following 
24.9 	terms have the meanings given them.
24.10 	(b) "Exonerated" means that:
24.11 	(1) a court of this state:
24.12 	(i) vacated or, reversed, or set aside a judgment of conviction on grounds consistent with 
24.13 	innocence and there are no remaining felony charges in effect against the petitioner from 
24.14 	the same behavioral incident, or if there are remaining felony charges against the petitioner 
24.15 	from the same behavioral incident, the prosecutor dismissed the dismisses those remaining 
24.16 	felony charges; or
24.17 	(ii) ordered a new trial on grounds consistent with innocence and the prosecutor dismissed 
24.18 	the charges or the petitioner was found not guilty at the new trial all felony charges against 
24.19 	the petitioner arising from the same behavioral incident or the petitioner was found not 
24.20 	guilty of all felony charges arising from the same behavioral incident at the new trial; and
24.21 	(2) the time for appeal of the order resulting in exoneration has expired or the order has 
24.22 	been affirmed and is final.; and
24.23 	(3) 60 days have passed since the judgment of conviction was reversed or vacated, and 
24.24 	the prosecutor has not filed any felony charges against the petitioner from the same behavioral 
24.25 	incident, or if the prosecutor did file felony charges against the petitioner from the same 
24.26 	behavioral incident, those felony charges were dismissed or the defendant was found not 
24.27 	guilty of those charges at the new trial.
24.28 	(c) "On grounds consistent with innocence" means either:
24.29 	(1) exonerated, through a pardon or sentence commutation, based on factual innocence; 
24.30 	or
25.1 	(2) exonerated because the judgment of conviction was vacated or reversed, or a new 
25.2 	trial was ordered, and there is any evidence of factual innocence whether it was available 
25.3 	at the time of investigation or trial or is newly discovered evidence.

25.4 	Sec. 14. Minnesota Statutes 2018, section 590.11, subdivision 2, is amended to read:
25.5 		Subd. 2.Procedure. A petition for an order declaring eligibility for compensation based 
25.6 	on exoneration under sections 611.362 to 611.368 must be brought before the district court 
25.7 	where the original conviction was obtained. The state must be represented by the office of 
25.8 	the prosecutor that obtained the conviction or the prosecutor's successor. Within 60 days 
25.9 	after the filing of the petition, the prosecutor must respond to the petition. A petition must 
25.10 	be brought within two years, but no less than 60 days after the petitioner is exonerated. 
25.11 	Persons released from custody after being exonerated before July 1, 2014, must commence 
25.12 	an action under this section within two years of July 1, 2014. If before July 1, 2019, a person 
25.13 	did not meet both requirements of Minnesota Statutes 2018, section 590.11, subdivision 1, 
25.14 	clause (1), item (i), and did not file a petition or the petition was denied, that person may 
25.15 	commence an action meeting the requirements under subdivision 1, paragraph (b), clause 
25.16 	(1), item (i), on or after July 1, 2019, and before July 1, 2021.

25.17 	Sec. 15. Minnesota Statutes 2018, section 590.11, subdivision 5, is amended to read:
25.18 		Subd. 5.Elements. (a) A claim for compensation arises if a person is eligible for 
25.19 	compensation under subdivision 3 and:
25.20 	(1) the person was convicted of a felony and served any part of the imposed sentence 
25.21 	in prison;
25.22 	(2) in cases where the person was convicted of multiple charges arising out of the same 
25.23 	behavioral incident, the person was exonerated for all of those charges;
25.24 	(3) the person did not commit or induce another person to commit perjury or fabricate 
25.25 	evidence to cause or bring about the conviction; and
25.26 	(4) the person was not serving a term of imprisonment incarceration for another crime 
25.27 	at the same time, provided that except:
25.28 	(i) if the person served additional time in prison or jail due to the conviction that is the 
25.29 	basis of the claim, the person may make a claim for that portion of time served in prison or 
25.30 	jail during which the person was serving no other sentence.; or
26.1 	(ii) if the person served additional executed sentences that had been previously stayed, 
26.2 	and the reason the additional stayed sentences were executed was due to the conviction that 
26.3 	is the basis for the claim.
26.4 	(b) A claimant may make a claim only for that portion of time served in prison or jail 
26.5 	during which the claimant was serving no other sentence, unless the other sentence arose 
26.6 	from the circumstances described in paragraph (a), clause (4), item (ii).
26.7 	(c) A confession or admission later found to be false or a guilty plea to a crime the 
26.8 	claimant did not commit does not constitute bringing about the claimant's conviction for 
26.9 	purposes of paragraph (a), clause (3).

26.10 	Sec. 16. Minnesota Statutes 2018, section 590.11, subdivision 7, is amended to read:
26.11 		Subd. 7.Order. If, after considering all the files and records admitted and any evidence 
26.12 	admitted at a hearing held pursuant to subdivision 4, the court determines that the petitioner 
26.13 	is eligible for compensation, the court shall issue an order containing its findings and, if 
26.14 	applicable, indicate the portion of the term of imprisonment incarceration for which the 
26.15 	petitioner is entitled to make a claim. The court shall notify the petitioner of the right to file 
26.16 	a claim for compensation under sections 611.362 to 611.368 and provide the petitioner with 
26.17 	a copy of those sections. The petitioner must acknowledge receipt of the notice and a copy 
26.18 	of those sections in writing or on the record before the court.

26.19 	Sec. 17. Minnesota Statutes 2018, section 609.749, subdivision 1, is amended to read:
26.20 		Subdivision 1.Definition. As used in this section, "stalking" "harass" means to engage 
26.21 	in conduct which the actor knows or has reason to know would cause the victim under the 
26.22 	circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and 
26.23 	causes this reaction on the part of the victim regardless of the relationship between the actor 
26.24 	and victim.

26.25 	Sec. 18. Minnesota Statutes 2018, section 609.749, subdivision 2, is amended to read:
26.26 		Subd. 2.Stalking Harassment crimes.  A person who stalks harasses another by 
26.27 	committing any of the following acts is guilty of a gross misdemeanor:
26.28 	(1) directly or indirectly, or through third parties, manifests a purpose or intent to injure 
26.29 	the person, property, or rights of another by the commission of an unlawful act;
26.30 	(2) follows, monitors, or pursues another, whether in person or through any available 
26.31 	technological or other means;
27.1 	(3) returns to the property of another if the actor is without claim of right to the property 
27.2 	or consent of one with authority to consent;
27.3 	(4) repeatedly makes telephone calls, sends text messages, or induces a victim to make 
27.4 	telephone calls to the actor, whether or not conversation ensues;
27.5 	(5) makes or causes the telephone of another repeatedly or continuously to ring;
27.6 	(6) repeatedly mails or delivers or causes the delivery by any means, including 
27.7 	electronically, of letters, telegrams, messages, packages, through assistive devices for people 
27.8 	with vision impairments or hearing loss, or any communication made through any available 
27.9 	technologies or other objects;
27.10 	(7) knowingly makes false allegations against a peace officer concerning the officer's 
27.11 	performance of official duties with intent to influence or tamper with the officer's 
27.12 	performance of official duties; or
27.13 	(8) uses another's personal information, without consent, to invite, encourage, or solicit 
27.14 	a third party to engage in a sexual act with the person.
27.15 	For purposes of this clause, "personal information" and "sexual act" have the meanings 
27.16 	given in section 617.261, subdivision 7.

27.17 	Sec. 19. Minnesota Statutes 2018, section 609.749, subdivision 3, is amended to read:
27.18 		Subd. 3.Aggravated violations. (a) A person who commits any of the following acts 
27.19 	is guilty of a felony and may be sentenced to imprisonment for not more than five years or 
27.20 	to payment of a fine of not more than $10,000, or both:
27.21 	(1) commits any offense described in subdivision 2 because of the victim's or another's 
27.22 	actual or perceived race, color, religion, sex, sexual orientation, disability as defined in 
27.23 	section 363A.03, age, or national origin;
27.24 	(2) commits any offense described in subdivision 2 by falsely impersonating another;
27.25 	(3) commits any offense described in subdivision 2 and possesses a dangerous weapon 
27.26 	at the time of the offense;
27.27 	(4) stalks harasses another, as defined in subdivision 1, with intent to influence or 
27.28 	otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a 
27.29 	judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer 
27.30 	of the court, because of that person's performance of official duties in connection with a 
27.31 	judicial proceeding; or
28.1 	(5) commits any offense described in subdivision 2 against a victim under the age of 
28.2 	18, if the actor is more than 36 months older than the victim.
28.3 	(b) A person who commits any offense described in subdivision 2 against a victim under 
28.4 	the age of 18, if the actor is more than 36 months older than the victim, and the act is 
28.5 	committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to 
28.6 	imprisonment for not more than ten years or to payment of a fine of not more than $20,000, 
28.7 	or both.

28.8 	Sec. 20. Minnesota Statutes 2018, section 609.749, subdivision 5, is amended to read:
28.9 		Subd. 5.Pattern of Stalking conduct. (a) A person who engages in a pattern of stalking 
28.10 	conduct with respect to a single victim or one or more members of a single household which 
28.11 	the actor knows or has reason to know would cause the victim under the circumstances to 
28.12 	feel terrorized or to fear bodily harm and which does cause this reaction on the part of the 
28.13 	victim, is guilty of a felony and may be sentenced to imprisonment for not more than ten 
28.14 	years or to payment of a fine of not more than $20,000, or both.
28.15 	(b) For purposes of this subdivision, a "pattern of stalking conduct" "stalking" means 
28.16 	two or more acts within a five-year period that violate or attempt to violate the provisions 
28.17 	of any of the following or a similar law of another state, the United States, the District of 
28.18 	Columbia, tribe, or United States territories:
28.19 	(1) this section;
28.20 	(2) sections 609.185 to 609.205 (first- to third-degree murder and first- and second-degree 
28.21 	manslaughter);
28.22 	(3) section 609.713 (terroristic threats);
28.23 	(4) section 609.224 (fifth-degree assault);
28.24 	(5) section 609.2242 (domestic assault);
28.25 	(6) section 518B.01, subdivision 14 (violations of domestic abuse orders for protection);
28.26 	(7) section 609.748, subdivision 6 (violations of harassment restraining orders);
28.27 	(8) section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7) (certain trespass 
28.28 	offenses);
28.29 	(9) section 609.78, subdivision 2 (interference with an emergency call);
28.30 	(10) section 609.79 (obscene or harassing telephone calls);
28.31 	(11) section 609.795 (letter, telegram, or package; opening; harassment);
29.1 	(12) section 609.582 (burglary);
29.2 	(13) section 609.595 (damage to property);
29.3 	(14) section 609.765 (criminal defamation);
29.4 	(15) sections 609.342 to 609.3451 (first- to fifth-degree criminal sexual conduct); or
29.5 	(16) section 629.75, subdivision 2 (violations of domestic abuse no contact orders).
29.6 	(c) Words set forth in parentheses after references to statutory sections in paragraph (b) 
29.7 	are mere catchwords included solely for convenience in reference. They are not substantive 
29.8 	and may not be used to construe or limit the meaning of the cited statutory provision.

29.9 	Sec. 21. Minnesota Statutes 2018, section 609.749, subdivision 8, is amended to read:
29.10 		Subd. 8.Harassment; stalking; firearms. (a) When a person is convicted of a
29.11 	harassment or stalking crime under this section and the court determines that the person 
29.12 	used a firearm in any way during commission of the crime, the court may order that the 
29.13 	person is prohibited from possessing any type of firearm for any period longer than three 
29.14 	years or for the remainder of the person's life. A person who violates this paragraph is guilty 
29.15 	of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant 
29.16 	for how long the defendant is prohibited from possessing a firearm and that it is a gross 
29.17 	misdemeanor to violate this paragraph. The failure of the court to provide this information 
29.18 	to a defendant does not affect the applicability of the firearm possession prohibition or the 
29.19 	gross misdemeanor penalty to that defendant.
29.20 	(b) Except as otherwise provided in paragraph (a), when a person is convicted of a
29.21 	harassment or stalking crime under this section, the court shall inform the defendant that 
29.22 	the defendant is prohibited from possessing a firearm for three years from the date of 
29.23 	conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure 
29.24 	of the court to provide this information to a defendant does not affect the applicability of 
29.25 	the firearm possession prohibition or the gross misdemeanor penalty to that defendant.
29.26 	(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a 
29.27 	pistol if the person has been convicted after August 1, 1996, of a harassment or stalking 
29.28 	crime under this section, or to possess a firearm if the person has been convicted on or after 
29.29 	August 1, 2014, of a harassment or stalking crime under this section, unless three years 
29.30 	have elapsed from the date of conviction and, during that time, the person has not been 
29.31 	convicted of any other violation of this section. Property rights may not be abated but access 
29.32 	may be restricted by the courts. A person who possesses a firearm in violation of this 
29.33 	paragraph is guilty of a gross misdemeanor.
30.1 	(d) If the court determines that a person convicted of a harassment or stalking crime
30.2 	under this section owns or possesses a firearm and used it in any way during the commission 
30.3 	of the crime, it shall order that the firearm be summarily forfeited under section 609.5316, 
30.4 	subdivision 3.
30.5 	(e) Except as otherwise provided in paragraphs (d) and (g), when a person is convicted 
30.6 	of a harassment or stalking crime under this section, the court shall order the defendant to 
30.7 	transfer any firearms that the person possesses, within three business days, to a federally 
30.8 	licensed firearms dealer, a law enforcement agency, or a third party who may lawfully 
30.9 	receive them. The transfer may be permanent or temporary. A temporary firearm transfer 
30.10 	only entitles the receiving party to possess the firearm. A temporary transfer does not transfer 
30.11 	ownership or title. A defendant may not transfer firearms to a third party who resides with 
30.12 	the defendant. If a defendant makes a temporary transfer, a federally licensed firearms dealer 
30.13 	or law enforcement agency may charge the defendant a reasonable fee to store the person's 
30.14 	firearms and may establish policies for disposal of abandoned firearms, provided such 
30.15 	policies require that the person be notified via certified mail prior to disposal of abandoned 
30.16 	firearms. For temporary firearms transfers under this paragraph, a law enforcement agency, 
30.17 	federally licensed firearms dealer, or third party shall exercise due care to preserve the 
30.18 	quality and function of the transferred firearms and shall return the transferred firearms to 
30.19 	the person upon request after the expiration of the prohibiting time period imposed under 
30.20 	this subdivision, provided the person is not otherwise prohibited from possessing firearms 
30.21 	under state or federal law. The return of temporarily transferred firearms to a defendant 
30.22 	shall comply with state and federal law. If a defendant permanently transfers the defendant's 
30.23 	firearms to a law enforcement agency, the agency is not required to compensate the defendant 
30.24 	and may charge the defendant a reasonable processing fee. A law enforcement agency is 
30.25 	not required to accept a person's firearm under this paragraph. The court shall order that the 
30.26 	person surrender all permits to carry and purchase firearms to the sheriff.
30.27 	(f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof 
30.28 	of transfer as provided for in this paragraph. If the transfer is made to a third party, the third 
30.29 	party must sign an affidavit under oath before a notary public either acknowledging that 
30.30 	the defendant permanently transferred the defendant's firearms to the third party or agreeing 
30.31 	to temporarily store the defendant's firearms until such time as the defendant is legally 
30.32 	permitted to possess firearms. The affidavit shall indicate the serial number, make, and 
30.33 	model of all firearms transferred by the defendant to the third party. The third party shall 
30.34 	acknowledge in the affidavit that the third party may be held criminally and civilly 
30.35 	responsible under section 624.7144 if the defendant gains access to a transferred firearm 
31.1 	while the firearm is in the custody of the third party. If the transfer is to a law enforcement 
31.2 	agency or federally licensed firearms dealer, the law enforcement agency or federally 
31.3 	licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer 
31.4 	must specify whether the firearms were permanently or temporarily transferred and include 
31.5 	the name of the defendant, date of transfer, and the serial number, make, and model of all 
31.6 	transferred firearms. The defendant shall provide the court with a signed and notarized 
31.7 	affidavit or proof of transfer as described in this section within two business days of the 
31.8 	firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this 
31.9 	paragraph.
31.10 	(g) When a person is convicted of a harassment or stalking crime under this section, the 
31.11 	court shall determine by a preponderance of the evidence if the person poses an imminent 
31.12 	risk of causing another person substantial bodily harm. Upon a finding of imminent risk, 
31.13 	the court shall order that the local law enforcement agency take immediate possession of 
31.14 	all firearms in the person's possession. The local law enforcement agency shall exercise due 
31.15 	care to preserve the quality and function of the defendant's firearms and shall return the 
31.16 	firearms to the person upon request after the expiration of the prohibiting time period, 
31.17 	provided the person is not otherwise prohibited from possessing firearms under state or 
31.18 	federal law. The local law enforcement agency shall, upon written notice from the person, 
31.19 	transfer the firearms to a federally licensed firearms dealer or a third party who may lawfully 
31.20 	receive them. Before a local law enforcement agency transfers a firearm under this paragraph, 
31.21 	the agency shall require the third party or federally licensed firearms dealer receiving the 
31.22 	firearm to submit an affidavit or proof of transfer that complies with the requirements for 
31.23 	affidavits or proofs of transfer established in paragraph (f). The agency shall file all affidavits 
31.24 	or proofs of transfer received with the court within two business days of the transfer. The 
31.25 	court shall seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally 
31.26 	licensed firearms dealer or third party who accepts a firearm transfer pursuant to this 
31.27 	paragraph shall comply with paragraphs (e) and (f) as if accepting transfer from the defendant. 
31.28 	If the law enforcement agency does not receive written notice from the defendant within 
31.29 	three business days, the agency may charge a reasonable fee to store the defendant's firearms. 
31.30 	A law enforcement agency may establish policies for disposal of abandoned firearms, 
31.31 	provided such policies require that the person be notified via certified mail prior to disposal 
31.32 	of abandoned firearms.

31.33 	Sec. 22. Minnesota Statutes 2018, section 611.365, subdivision 2, is amended to read:
31.34 		Subd. 2.Reimbursement; monetary damages; attorney fees. (a) The claimant is 
31.35 	entitled to reimbursement for all restitution, assessments, fees, court costs, and other sums 
32.1 	paid by the claimant as required by the judgment and sentence. In addition, the claimant is 
32.2 	entitled to monetary damages of not less than $50,000 for each year of imprisonment
32.3 	incarceration, and not less than $25,000 for each year served on supervised release or as a 
32.4 	registered predatory offender, to be prorated for partial years served. In calculating additional
32.5 	monetary damages, the panel shall consider:
32.6 	(1) economic damages, including reasonable attorney fees, lost wages, reimbursement 
32.7 	for costs associated with the claimant's criminal defense;
32.8 	(2) reimbursement for medical and dental expenses that the claimant already incurred 
32.9 	and future unpaid expenses expected to be incurred as a result of the claimant's imprisonment
32.10 	incarceration;
32.11 	(3) noneconomic damages for personal physical injuries or sickness and any nonphysical 
32.12 	injuries or sickness incurred as a result of imprisonment incarceration;
32.13 	(4) reimbursement for any tuition and fees paid for each semester successfully completed 
32.14 	by the claimant in an educational program or for employment skills and development training, 
32.15 	up to the equivalent value of a four-year degree at a public university, and reasonable 
32.16 	payment for future unpaid costs for education and training, not to exceed the anticipated 
32.17 	cost of a four-year degree at a public university;
32.18 	(5) reimbursement for paid or unpaid child support payments owed by the claimant that 
32.19 	became due, and interest on child support arrearages that accrued, during the time served 
32.20 	in prison provided that there shall be no reimbursement for any child support payments 
32.21 	already owed before the claimant's incarceration; and
32.22 	(6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for 
32.23 	immediate services secured by the claimant upon exoneration and release, including housing, 
32.24 	transportation and subsistence, reintegrative services, and medical and dental health care 
32.25 	costs.
32.26 	(b) The panel shall award the claimant reasonable attorney fees incurred in bringing a 
32.27 	claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for 
32.28 	compensation based on exoneration under chapter 590.

32.29 	Sec. 23. Minnesota Statutes 2018, section 611.365, subdivision 3, is amended to read:
32.30 		Subd. 3.Limits on damages. There is no limit on the aggregate amount of damages 
32.31 	that may be awarded under this section. Damages that may be awarded under subdivision 
32.32 	2, paragraph (a), clauses (1) and (4) to (6), are limited to $100,000 per year of imprisonment
33.1 	incarceration and $50,000 per year served on supervised release or as a registered predatory 
33.2 	offender.

33.3 	Sec. 24. Minnesota Statutes 2018, section 611.367, is amended to read:
33.4 	611.367 COMPENSATING EXONERATED PERSONS; APPROPRIATIONS 
33.5 	PROCESS.
33.6 	The compensation panel established in section 611.363 shall forward an award of damages 
33.7 	under section 611.365 to the commissioner of management and budget. The commissioner 
33.8 	shall submit the amount of the award to the legislature for consideration as an appropriation
33.9 	during the next session of the legislature.

33.10 	Sec. 25. Minnesota Statutes 2018, section 611.368, is amended to read:
33.11 	611.368 SHORT TITLE.
33.12 	Sections 611.362 to 611.368 shall be cited as the "Imprisonment Incarceration and 
33.13 	Exoneration Remedies Act."

33.14 	Sec. 26. Minnesota Statutes 2018, section 624.712, subdivision 5, is amended to read:
33.15 		Subd. 5.Crime of violence. "Crime of violence" means: felony convictions of the 
33.16 	following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the 
33.17 	second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first 
33.18 	degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding 
33.19 	attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second 
33.20 	degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 
33.21 	609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic 
33.22 	assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235 
33.23 	(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 
33.24 	robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, 
33.25 	inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct 
33.26 	in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal 
33.27 	sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 
33.28 	609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 
33.29 	609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 609.52
33.30 	(involving theft of a firearm and theft involving the theft of a controlled substance, an 
33.31 	explosive, or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson in 
33.32 	the second degree); 609.582, subdivision 1 or 2 (burglary in the first and second degrees); 
34.1 	609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating 
34.2 	a machine gun or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749
34.3 	(stalking) (harassment); 609.855, subdivision 5 (shooting at a public transit vehicle or 
34.4 	facility); and chapter 152 (drugs, controlled substances); and an attempt to commit any of 
34.5 	these offenses.

34.6 	Sec. 27. Minnesota Statutes 2018, section 634.20, is amended to read:
34.7 	634.20 EVIDENCE OF CONDUCT.
34.8 	Evidence of domestic conduct by the accused against the victim of domestic conduct, 
34.9 	or against other family or household members, is admissible unless the probative value is 
34.10 	substantially outweighed by the danger of unfair prejudice, confusion of the issue, or 
34.11 	misleading the jury, or by considerations of undue delay, waste of time, or needless 
34.12 	presentation of cumulative evidence. "Domestic conduct" includes, but is not limited to, 
34.13 	evidence of domestic abuse, violation of an order for protection under section 518B.01; 
34.14 	violation of a harassment restraining order under section 609.748; violation of a domestic 
34.15 	abuse no contact order under section 629.75; or violation of section 609.749 or 609.79, 
34.16 	subdivision 1. "Domestic abuse" and "family or household members" have the meanings 
34.17 	given under section 518B.01, subdivision 2.

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

34.19 	Sec. 28. TASK FORCE ON MISSING AND MURDERED INDIGENOUS WOMEN.
 34.20 		Subdivision 1.Creation and duties. (a) By September 1, 2019, the commissioner, in 
34.21 	consultation with the Minnesota Indian Affairs Council, shall appoint members to the Task 
34.22 	Force on Missing and Murdered Indigenous Women to advise the commissioner and report 
34.23 	to the legislature on recommendations to reduce and end violence against indigenous women 
34.24 	and girls in Minnesota, including members of the two spirit community. The task force may 
34.25 	also serve as a liaison between the commissioner and agencies and nongovernmental 
34.26 	organizations that provide services to victims, victims' families, and victims' communities. 
34.27 	Task force members may receive expense reimbursement as specified in Minnesota Statutes, 
34.28 	section 15.059, subdivision 6.
34.29 	(b) The Task Force on Missing and Murdered Indigenous Women must examine and 
34.30 	report on the following:
34.31 	(1) the systemic causes behind violence that indigenous women and girls experience, 
34.32 	including patterns and underlying factors that explain why disproportionately high levels 
35.1 	of violence occur against indigenous women and girls, including underlying historical, 
35.2 	social, economic, institutional, and cultural factors which may contribute to the violence;
35.3 	(2) appropriate methods for tracking and collecting data on violence against indigenous 
35.4 	women and girls, including data on missing and murdered indigenous women and girls;
35.5 	(3) policies and institutions such as policing, child welfare, coroner practices, and other 
35.6 	governmental practices that impact violence against indigenous women and girls and the 
35.7 	investigation and prosecution of crimes of gender violence against indigenous people;
35.8 	(4) measures necessary to address and reduce violence against indigenous women and 
35.9 	girls; and
35.10 	(5) measures to help victims, victims' families, and victims' communities prevent and 
35.11 	heal from violence that occurs against indigenous women and girls.
35.12 	(c) For the purposes of this section, "commissioner" means the commissioner of public 
35.13 	safety and "nongovernmental organizations" means nonprofit, nongovernmental organizations 
35.14 	that provide legal, social, or other community services.
35.15 		Subd. 2.Membership. (a) To the extent practicable, the Task Force on Missing and 
35.16 	Murdered Indigenous Women shall consist of the following individuals, or their designees, 
35.17 	who are knowledgeable in crime victims' rights or violence protection and, unless otherwise 
35.18 	specified, members shall be appointed by the commissioner:
35.19 	(1) two members of the senate, one appointed by the majority leader and one appointed 
35.20 	by the minority leader;
35.21 	(2) two members of the house of representatives, one appointed by the speaker of the 
35.22 	house and one appointed by the minority leader;
35.23 	(3) two representatives from among the following:
35.24 	(i) the Minnesota Chiefs of Police Association;
35.25 	(ii) the Minnesota Sheriffs' Association;
35.26 	(iii) the Bureau of Criminal Apprehension;
35.27 	(iv) the Minnesota Police and Peace Officers Association; or
35.28 	(v) a peace officer who works for and resides on a federally recognized American Indian 
35.29 	reservation in Minnesota;
35.30 	(4) one or more representatives from among the following:
35.31 	(i) the Minnesota County Attorneys Association;
36.1 	(ii) the United States Attorney's Office; or
36.2 	(iii) a judge or attorney working in juvenile court;
36.3 	(5) a county coroner or a representative from a statewide coroner's association or a 
36.4 	representative of the Department of Health;
36.5 	(6) one representative from each of the 11 federally recognized tribal governments, with 
36.6 	a preference for individuals who work with victims of violence or their families; and
36.7 	(7) four or more representatives from among the following:
36.8 	(i) a tribal, statewide, or local organization that provides legal services to indigenous 
36.9 	women and girls;
36.10 	(ii) a tribal, statewide, or local organization that provides advocacy or counseling for 
36.11 	indigenous women and girls who have been victims of violence;
36.12 	(iii) a tribal, statewide, or local organization that provides services to indigenous women 
36.13 	and girls;
36.14 	(iv) the Minnesota Indian Women's Sexual Assault Coalition;
36.15 	(v) Mending the Sacred Hoop;
36.16 	(vi) an Indian health organization or agency; or
36.17 	(vii) an indigenous woman who is a survivor of gender violence.
36.18 	(b) Members of the task force serve at the pleasure of the appointing authority or until 
36.19 	the task force expires. Vacancies in commissioner appointed positions shall be filled by the 
36.20 	commissioner consistent with the qualifications of the vacating member required by this 
36.21 	subdivision.
36.22 		Subd. 3.Officers; meetings. (a) The task force members shall annually elect a chair 
36.23 	and vice-chair from among the task force's members, and may elect other officers as 
36.24 	necessary. The task force shall meet at least quarterly, or upon the call of its chair, and may 
36.25 	hold meetings throughout the state. The task force shall meet sufficiently enough to 
36.26 	accomplish the tasks identified in this section. Meetings of the task force are subject to 
36.27 	Minnesota Statutes, chapter 13D. The task force shall seek out and enlist the cooperation 
36.28 	and assistance of nongovernmental organizations, community and advocacy organizations 
36.29 	working with the American Indian community, and academic researchers and experts, 
36.30 	specifically those specializing in violence against indigenous women and girls, representing 
36.31 	diverse communities disproportionately affected by violence against women and girls, or 
37.1 	focusing on issues related to gender violence and violence against indigenous women and 
37.2 	girls.
37.3 	(b) The commissioner shall convene the first meeting of the task force no later than 
37.4 	October 1, 2019, and shall provide meeting space and administrative assistance as necessary 
37.5 	for the task force to conduct its work.
37.6 		Subd. 4.Report. The task force shall report to the chairs and ranking minority members 
37.7 	of the legislative committees and divisions with jurisdiction over public safety, human 
37.8 	services, and state government on the work of the task force, including but not limited to 
37.9 	the issues to be examined in subdivision 1, and shall include in the report institutional 
37.10 	policies and practices or proposed institutional policies and practices that are effective in 
37.11 	reducing gender violence and increasing the safety of indigenous women and girls. The 
37.12 	report shall include recommendations to reduce and end violence against indigenous women 
37.13 	and girls and help victims and communities heal from gender violence and violence against 
37.14 	indigenous women and girls. The report shall be submitted to the legislative committees by 
37.15 	December 15, 2020.
37.16 		Subd. 5.Expiration. Notwithstanding Minnesota Statutes, section 15.059, the task force 
37.17 	expires December 31, 2020.

37.18 	Sec. 29. REVISOR INSTRUCTION.
 37.19 	The revisor of statutes shall make any cross-reference changes, language changes, or 
37.20 	both to Minnesota Statutes made necessary by section 17.

37.21 	Sec. 30. REPEALER.
 37.22 	Minnesota Statutes 2018, section 13.72, subdivision 9, is repealed.

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

37.24 	ARTICLE 3
37.25 	CORRECTIONS

37.26 	Section 1. [13.856] OMBUDSPERSON FOR CORRECTIONS; DATA.
37.27 		Subdivision 1.Private data. The following data maintained by the ombudsperson for 
37.28 	corrections are classified as private data, pursuant to section 13.02, subdivision 12:
37.29 	(1) all data on individuals pertaining to contacts made by clients seeking the assistance 
37.30 	of the ombudsperson, except as specified in subdivisions 2 and 3;
38.1 	(2) data recorded from personal and phone conversations and in correspondence between 
38.2 	the ombudsperson's staff and persons interviewed during the course of an investigation;
38.3 	(3) client index cards;
38.4 	(4) case assignment data; and
38.5 	(5) monthly closeout data.
38.6 		Subd. 2.Confidential data. The written summary of the investigation maintained by 
38.7 	the ombudsperson is, to the extent it identifies individuals, classified as confidential data, 
38.8 	pursuant to section 13.02, subdivision 3.
38.9 		Subd. 3.Public data. The following data maintained by the ombudsperson are classified 
38.10 	as public data pursuant to section 13.02, subdivision 15:
38.11 	(1) client name;
38.12 	(2) client location; and
38.13 	(3) the inmate identification number assigned by the Department of Corrections.
38.14 		Subd. 4.Access to data. The ombudsperson for corrections has access to corrections 
38.15 	and detention data and medical data as provided under section 241.94.

38.16 	Sec. 2. Minnesota Statutes 2018, section 15A.0815, subdivision 3, is amended to read:
38.17 		Subd. 3.Group II salary limits. The salary for a position listed in this subdivision shall 
38.18 	not exceed 120 percent of the salary of the governor. This limit must be adjusted annually 
38.19 	on January 1. The new limit must equal the limit for the prior year increased by the percentage 
38.20 	increase, if any, in the Consumer Price Index for all urban consumers from October of the 
38.21 	second prior year to October of the immediately prior year. The commissioner of management 
38.22 	and budget must publish the limit on the department's website. This subdivision applies to 
38.23 	the following positions:
38.24 	Executive director of Gambling Control Board;
38.25 	Commissioner of Iron Range resources and rehabilitation;
38.26 	Commissioner, Bureau of Mediation Services;
38.27 	Ombudsman for mental health and developmental disabilities;
38.28 	Ombudsperson for corrections;
38.29 	Chair, Metropolitan Council;
38.30 	School trust lands director;
39.1 	Executive director of pari-mutuel racing; and
39.2 	Commissioner, Public Utilities Commission.

39.3 	Sec. 3. [241.90] OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS; 
39.4 	FUNCTION.
39.5 	The Office of Ombudsperson for the Department of Corrections is hereby created. The 
39.6 	ombudsperson shall serve at the pleasure of the governor in the unclassified service, shall 
39.7 	be selected without regard to political affiliation, and shall be a person highly competent 
39.8 	and qualified to analyze questions of law, administration, and public policy. No person may 
39.9 	serve as ombudsperson while holding any other public office. The ombudsperson for 
39.10 	corrections shall be accountable to the governor and shall have the authority to investigate 
39.11 	decisions, acts, and other matters of the Department of Corrections so as to promote the 
39.12 	highest attainable standards of competence, efficiency, and justice in the administration of 
39.13 	corrections.

39.14 	Sec. 4. [241.91] DEFINITION.
39.15 	For the purposes of sections 241.90 to 241.95, "administrative agency" or "agency" 
39.16 	means any division, official, or employee of the Department of Corrections, including the 
39.17 	commissioner of corrections, charged with the care and custody of inmates and any regional 
39.18 	or local correctional facility licensed or inspected by the commissioner of corrections, 
39.19 	whether public or private, established and operated for the detention and confinement of 
39.20 	adults or juveniles, including but not limited to programs or facilities operating under chapter 
39.21 	401, secure juvenile detention facilities, municipal holding facilities, juvenile temporary 
39.22 	holdover facilities, regional or local jails, lockups, work houses, work farms, and detention 
39.23 	facilities, but does not include:
39.24 	(1) any court or judge;
39.25 	(2) any member of the senate or house of representatives;
39.26 	(3) the governor or the governor's personal staff;
39.27 	(4) any instrumentality of the federal government;
39.28 	(5) any interstate compact; or
39.29 	(6) any person responsible for the supervision of offenders placed on supervised release, 
39.30 	parole, or probation.

40.1 	Sec. 5. [241.92] ORGANIZATION OF OFFICE OF OMBUDSPERSON.
40.2 		Subdivision 1.Employee selection. The ombudsperson may select, appoint, and 
40.3 	compensate out of available funds assistants and employees as deemed necessary to discharge 
40.4 	responsibilities. The ombudsperson and full-time staff shall be members of the Minnesota 
40.5 	State Retirement Association.
40.6 		Subd. 2.Assistant ombudsperson. The ombudsperson may appoint an assistant 
40.7 	ombudsperson in the unclassified service.
40.8 		Subd. 3.Delegation of duties. The ombudsperson may delegate to staff members any 
40.9 	of the ombudsperson's authority or duties except the duty of formally making 
40.10 	recommendations to an administrative agency or reports to the Office of the Governor or 
40.11 	to the legislature.

40.12 	Sec. 6. [241.93] POWERS OF OMBUDSPERSON; INVESTIGATIONS; ACTION 
40.13 	ON COMPLAINTS; RECOMMENDATIONS.
40.14 		Subdivision 1.Powers. The ombudsperson may:
40.15 	(1) prescribe the methods by which complaints are to be made, reviewed, and acted 
40.16 	upon; provided, however, that the ombudsperson may not levy a complaint fee;
40.17 	(2) determine the scope and manner of investigations to be made;
40.18 	(3) except as otherwise provided, determine the form, frequency, and distribution of 
40.19 	conclusions, recommendations, and proposals; provided, however, that the governor or a 
40.20 	representative may, at any time the governor deems necessary, request and receive 
40.21 	information from the ombudsperson. Neither the ombudsperson nor any member of the 
40.22 	ombudsperson's staff shall be compelled to testify or to produce evidence in any judicial or 
40.23 	administrative proceeding with respect to any matter involving the exercise of the 
40.24 	ombudsperson's official duties except as may be necessary to enforce the provisions of 
40.25 	sections 241.90 to 241.95;
40.26 	(4) investigate, upon a complaint or upon personal initiative, any action of an 
40.27 	administrative agency;
40.28 	(5) request and be given access to information in the possession of an administrative 
40.29 	agency deemed necessary for the discharge of responsibilities;
40.30 	(6) examine the records and documents of an administrative agency;
40.31 	(7) enter and inspect, at any time, premises within the control of an administrative agency;
41.1 	(8) subpoena any person to appear, give testimony, or produce documentary or other 
41.2 	evidence that the ombudsperson deems relevant to a matter under inquiry, and may petition 
41.3 	the appropriate state court to seek enforcement with the subpoena; provided, however, that 
41.4 	any witness at a hearing or before an investigation shall possess the same privileges reserved 
41.5 	to a witness in the courts or under the laws of this state;
41.6 	(9) bring an action in an appropriate state court to provide the operation of the powers 
41.7 	provided in this subdivision. The ombudsperson may use the services of legal assistance to 
41.8 	Minnesota prisoners for legal counsel. The provisions of sections 241.90 to 241.95 are in 
41.9 	addition to other provisions of law under which any remedy or right of appeal or objection 
41.10 	is provided for any person, or any procedure provided for inquiry or investigation concerning 
41.11 	any matter. Nothing in sections 241.90 to 241.95 shall be construed to limit or affect any 
41.12 	other remedy or right of appeal or objection nor shall it be deemed part of an exclusionary 
41.13 	process; and
41.14 	(10) be present at commissioner of corrections parole, supervised release, and parole 
41.15 	revocation hearings and deliberations.
41.16 		Subd. 2.Actions against ombudsperson. No proceeding or civil action except removal 
41.17 	from office or a proceeding brought pursuant to chapter 13 shall be commenced against the 
41.18 	ombudsperson for actions taken under the provisions of sections 241.90 to 241.95, unless 
41.19 	the act or omission is actuated by malice or is grossly negligent.
41.20 		Subd. 3.Matters appropriate for investigation. (a) In selecting matters for attention, 
41.21 	the ombudsperson should particularly address actions of an administrative agency that may 
41.22 	be:
41.23 	(1) contrary to law or rule;
41.24 	(2) unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of an 
41.25 	administrative agency;
41.26 	(3) mistaken in law or arbitrary in the ascertainment of facts;
41.27 	(4) unclear or inadequately explained when reasons should have been revealed; or
41.28 	(5) inefficiently performed.
41.29 	(b) The ombudsperson may also be concerned with strengthening procedures and practices 
41.30 	that lessen the risk that objectionable actions of the administrative agency will occur.
42.1 		Subd. 4.Complaints. (a) The ombudsperson may receive a complaint from any source 
42.2 	concerning an action of an administrative agency. The ombudsperson may, on personal 
42.3 	motion or at the request of another, investigate any action of an administrative agency.
42.4 	(b) The ombudsperson may exercise powers without regard to the finality of any action 
42.5 	of an administrative agency; however, the ombudsperson may require a complainant to 
42.6 	pursue other remedies or channels of complaint open to the complainant before accepting 
42.7 	or investigating the complaint.
42.8 	(c) After completing investigation of a complaint, the ombudsperson shall inform the 
42.9 	complainant, the administrative agency, and the official or employee of the action taken.
42.10 	(d) A letter to the ombudsperson from a person in an institution under the control of an 
42.11 	administrative agency shall be forwarded immediately and unopened to the ombudsperson's 
42.12 	office. A reply from the ombudsperson to the person shall be promptly delivered unopened 
42.13 	to the person after its receipt by the institution.
42.14 	(e) No complainant shall be punished nor shall the general condition of the complainant's 
42.15 	confinement or treatment be unfavorably altered as a result of the complainant having made 
42.16 	a complaint to the ombudsperson.
42.17 		Subd. 5.Investigation of adult local jails and detention facilities. Either the 
42.18 	ombudsperson or the jail inspection unit of the Department of Corrections may investigate 
42.19 	complaints involving local adult jails and detention facilities. The ombudsperson and 
42.20 	Department of Corrections must enter into an arrangement with one another that ensures 
42.21 	they are not duplicating services.
42.22 		Subd. 6.Recommendations. (a) If, after duly considering a complaint and whatever 
42.23 	material the ombudsperson deems pertinent, the ombudsperson is of the opinion that the 
42.24 	complaint is valid, the ombudsperson may recommend that an administrative agency should:
42.25 	(1) consider the matter further;
42.26 	(2) modify or cancel its actions;
42.27 	(3) alter a ruling;
42.28 	(4) explain more fully the action in question; or
42.29 	(5) take any other step that the ombudsperson recommends to the administrative agency 
42.30 	involved.
43.1 	If the ombudsperson so requests, the agency shall, within the time the ombudsperson 
43.2 	specifies, inform the ombudsperson about the action taken on the ombudsperson's 
43.3 	recommendations or the reasons for not complying with it.
43.4 	(b) If the ombudsperson has reason to believe that any public official or employee has 
43.5 	acted in a manner warranting criminal or disciplinary proceedings, the ombudsperson may 
43.6 	refer the matter to the appropriate authorities.
43.7 	(c) If the ombudsperson believes that an action upon which a valid complaint is founded 
43.8 	has been dictated by a statute, and that the statute produces results or effects that are unfair 
43.9 	or otherwise objectionable, the ombudsperson shall bring to the attention of the governor 
43.10 	and the legislature the ombudsperson's view concerning desirable statutory change.
43.11 		Subd. 7.Grants. The ombudsperson may apply for and receive grants from public and 
43.12 	private entities for purposes of carrying out the ombudsperson's powers and duties under 
43.13 	sections 241.90 to 241.95.

43.14 	Sec. 7. [241.94] ACCESS BY OMBUDSPERSON TO DATA.
43.15 	Notwithstanding section 13.384 or 13.85, the ombudsperson has access to corrections 
43.16 	and detention data and medical data maintained by an agency and classified as private data 
43.17 	on individuals or confidential data on individuals when access to the data is necessary for 
43.18 	the ombudsperson to perform the powers under section 241.93.

43.19 	Sec. 8. [241.95] PUBLICATION OF RECOMMENDATIONS; REPORTS.
43.20 		Subdivision 1.Publication. The ombudsperson may publish conclusions and suggestions 
43.21 	by transmitting them to the Office of the Governor. Before announcing a conclusion or 
43.22 	recommendation that expressly or impliedly criticizes an administrative agency or any 
43.23 	person, the ombudsperson shall consult with that agency or person. When publishing an 
43.24 	opinion adverse to an administrative agency or any person, the ombudsperson shall include 
43.25 	in the publication any statement of reasonable length made to the ombudsperson by that 
43.26 	agency or person in defense or mitigation of the action.
43.27 		Subd. 2.Annual report. In addition to whatever reports the ombudsperson may make 
43.28 	on an ad hoc basis, the ombudsperson shall report to the governor and the senate and house 
43.29 	committee chairs and ranking minority members for the committees and divisions with 
43.30 	fiscal and policy jurisdiction over public safety and corrections at the end of each year on 
43.31 	the ombudsperson's functions during the preceding year.

44.1 	Sec. 9. Minnesota Statutes 2018, section 243.48, subdivision 1, is amended to read:
44.2 		Subdivision 1.General searches. The commissioner of corrections, the governor, 
44.3 	lieutenant governor, members of the legislature, and state officers, and the ombudsperson 
44.4 	for corrections may visit the inmates at pleasure, but no other persons without permission 
44.5 	of the chief executive officer of the facility, under rules prescribed by the commissioner. A 
44.6 	moderate fee may be required of visitors, other than those allowed to visit at pleasure. All 
44.7 	fees so collected shall be reported and remitted to the commissioner of management and 
44.8 	budget under rules as the commissioner may deem proper, and when so remitted shall be 
44.9 	placed to the credit of the general fund.

44.10 	Sec. 10. [243.521] ADMINISTRATIVE AND DISCIPLINARY SEGREGATION.
44.11 		Subdivision 1.Authorization. In any adult correctional facility under the control of the 
44.12 	commissioner of corrections, the commissioner may require an inmate to be placed on 
44.13 	disciplinary segregation status for rule violations or on administrative segregation status 
44.14 	when the continued presence of the inmate in general population would pose a serious threat 
44.15 	to life, property, self, staff, or other inmates or to the security or orderly running of the 
44.16 	institution. Inmates pending investigation for trial on a criminal act or pending transfer may 
44.17 	be included, provided the warden's written approval is sought and granted within seven 
44.18 	business days of placing the inmate in restrictive housing under this provision. The warden 
44.19 	of each facility must document any time approval is granted and the reason for it, and submit 
44.20 	a quarterly report to the commissioner of corrections.
44.21 		Subd. 2.Conditions in segregated housing. The restrictive housing unit shall provide 
44.22 	living conditions that are approximate to those offenders in general population, including 
44.23 	reduced lighting during nighttime hours.
44.24 		Subd. 3.Review of disciplinary segregation status. The commissioner of corrections 
44.25 	shall receive notification of all inmates with consecutive placement in a restrictive housing 
44.26 	setting for more than 30 days. This notification shall occur on a monthly basis. In the event 
44.27 	an inmate is placed into restrictive housing for more than 120 days, the reason for the 
44.28 	placement and the behavior management plan for the inmate shall be submitted to the 
44.29 	commissioner of corrections.
44.30 		Subd. 4.Graduated interventions. The commissioner shall design and implement a 
44.31 	continuum of interventions, including informal sanctions, administrative segregation, formal 
44.32 	discipline, disciplinary segregation, and step-down management. The commissioner shall 
44.33 	implement a method of due process for all offenders with formal discipline proceedings.
45.1 		Subd. 5.Mental health screening. (a) If it is apparent that the inmate is exhibiting 
45.2 	serious symptoms of a mental illness that prevents the inmate from understanding or fully 
45.3 	participating in the disciplinary process, a mental health professional shall be consulted 
45.4 	regarding appropriate treatment and placement. For other inmates placed in a restrictive 
45.5 	setting, an inmate shall be screened by a health services staff member within 24 hours of 
45.6 	placement in a restrictive housing setting. If the screening indicates symptoms of a mental 
45.7 	illness, a qualified mental health professional shall be consulted regarding appropriate 
45.8 	treatment and placement. The health services staff member shall document any time an 
45.9 	inmate screens in for symptoms of a mental health illness and whether or not the health 
45.10 	services staff member connected with a mental health professional.
45.11 	(b) If mental health staff believe the inmate's behavior may be more appropriately treated 
45.12 	through alternative interventions or programming, or determine that the inmate's actions 
45.13 	were the result of mental illness, this information must be considered during the disciplinary 
45.14 	process.
45.15 		Subd. 6.Mental health care within segregated housing. A health services staff member 
45.16 	shall perform a daily wellness round in the restrictive housing setting. If a health services 
45.17 	staff member indicates symptoms of a mental illness, a qualified mental health professional 
45.18 	shall be consulted regarding appropriate treatment and placement.
45.19 		Subd. 7.Incentives for return to the general population. The commissioner shall 
45.20 	design and implement a system of incentives so that an inmate who demonstrates appropriate 
45.21 	behavior can earn additional privileges and an accelerated return to the general population.
45.22 		Subd. 8.Discharge from segregated housing. An inmate shall not be released into the 
45.23 	community directly from a stay in restrictive housing for 60 or more days absent a compelling 
45.24 	reason. In cases where there is a compelling reason, the commissioner of corrections or 
45.25 	deputy commissioner shall directly authorize the inmate's release into the community from 
45.26 	restrictive housing.
45.27 		Subd. 9.Reporting. (a) By January 15, 2020, and by January 15 each year thereafter, 
45.28 	the commissioner of corrections shall report to the chairs and ranking minority members 
45.29 	of the house of representatives and senate committees and divisions with jurisdiction over 
45.30 	public safety and judiciary on the status of the implementation of the provisions in this 
45.31 	section. This report shall include but not be limited to data regarding:
45.32 	(1) the number of inmates in each institution placed in restrictive housing during the 
45.33 	past year;
45.34 	(2) the ages of inmates placed in restrictive housing during the past year;
46.1 	(3) the number of inmates transferred from restrictive housing to the mental health unit;
46.2 	(4) disciplinary sanctions by infraction;
46.3 	(5) the lengths of terms served in restrictive housing, including terms served 
46.4 	consecutively; and
46.5 	(6) the number of inmates by race in restrictive housing.
46.6 	(b) The Department of Corrections shall submit a qualitative report detailing outcomes, 
46.7 	measures, and challenges to implementation of a step-down management program by April 
46.8 	1, 2020.

46.9 	Sec. 11. Minnesota Statutes 2018, section 631.412, is amended to read:
46.10 	631.412 SAME SEX ESCORT FOR INMATES BEING TRANSFERRED.
46.11 	(a) Except as provided in paragraph (b), when a sheriff or other correctional officer has 
46.12 	custody of a person charged with or convicted of a crime and transfers that person more 
46.13 	than 100 miles, that sheriff or other correctional officer shall provide the transferee with a 
46.14 	custodial escort of the same sex as the transferee. A sheriff may employ, when the occasion 
46.15 	exists, a suitable person to carry out this section. The expenses of the person's employment 
46.16 	must be paid out of county funds not otherwise appropriated.
46.17 	(b) A sheriff or other correctional officer is not required to provide a same sex escort if: 
46.18 	(1) the vehicle used to transport the transferee has video and audio recording equipment 
46.19 	installed; (2) the vehicle's video and audio recording equipment is operational and positioned 
46.20 	to record the portion of the vehicle where the transferee is held during the transfer; and (3) 
46.21 	the video and audio equipment records the duration of the transfer. A recording of an inmate 
46.22 	transfer made under this paragraph must be maintained by the sheriff or agency employing 
46.23 	the correctional officer for at least 12 months after the date of the transfer.

46.24 	ARTICLE 4
46.25 	SEXUAL OFFENDERS

46.26 	Section 1. Minnesota Statutes 2018, section 609.095, is amended to read:
46.27 	609.095 LIMITS OF SENTENCES.
46.28 	(a) The legislature has the exclusive authority to define crimes and offenses and the 
46.29 	range of the sentences or punishments for their violation. No other or different sentence or 
46.30 	punishment shall be imposed for the commission of a crime than is authorized by this chapter 
46.31 	or other applicable law.
47.1 	(b) Except as provided in section 152.18 or 609.375, or upon agreement of the parties, 
47.2 	a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty plea in 
47.3 	accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been found 
47.4 	guilty by a court or jury following a trial. A decision by the court to issue a stay of 
47.5 	adjudication under this paragraph for a charge of violating section 243.166, 609.342, 609.343, 
47.6 	609.344, 609.345, 609.3451, subdivision 3, or 609.3453, must be justified in writing and 
47.7 	on the record.
47.8 	(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

47.9 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
47.10 	committed on or after that date.

47.11 	Sec. 2. Minnesota Statutes 2018, section 609.341, subdivision 10, is amended to read:
47.12 		Subd. 10.Current or recent position of authority. "Current or recent position of 
47.13 	authority" includes but is not limited to any person who is a parent or acting in the place of 
47.14 	a parent and charged with or assumes any of a parent's rights, duties or responsibilities to 
47.15 	a child, or a person who is charged with or assumes any duty or responsibility for the health, 
47.16 	welfare, or supervision of a child, either independently or through another, no matter how 
47.17 	brief, at the time of or within 120 days immediately preceding the act. For the purposes of 
47.18 	subdivision 11, "current or recent position of authority" includes a psychotherapist.

47.19 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
47.20 	committed on or after that date.

47.21 	Sec. 3. Minnesota Statutes 2018, section 609.341, subdivision 11, is amended to read:
47.22 		Subd. 11.Sexual contact. (a) "Sexual contact," for the purposes of sections 609.343, 
47.23 	subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e), and (h) to 
47.24 	(o) (p), includes any of the following acts committed without the complainant's consent, 
47.25 	except in those cases where consent is not a defense, and committed with sexual or aggressive 
47.26 	intent:
47.27 	(i) the intentional touching by the actor of the complainant's intimate parts, or
47.28 	(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate 
47.29 	parts effected by a person in a current or recent position of authority, or by coercion, or by 
47.30 	inducement if the complainant is under 13 years of age or mentally impaired, or
47.31 	(iii) the touching by another of the complainant's intimate parts effected by coercion or 
47.32 	by a person in a current or recent position of authority, or
48.1 	(iv) in any of the cases above, the touching of the clothing covering the immediate area 
48.2 	of the intimate parts, or
48.3 	(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's 
48.4 	body or the clothing covering the complainant's body.
48.5 	(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g) 
48.6 	and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts 
48.7 	committed with sexual or aggressive intent:
48.8 	(i) the intentional touching by the actor of the complainant's intimate parts;
48.9 	(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate 
48.10 	parts;
48.11 	(iii) the touching by another of the complainant's intimate parts;
48.12 	(iv) in any of the cases listed above, touching of the clothing covering the immediate 
48.13 	area of the intimate parts; or
48.14 	(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's 
48.15 	body or the clothing covering the complainant's body.
48.16 	(c) "Sexual contact with a person under 13" means the intentional touching of the 
48.17 	complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with 
48.18 	sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening 
48.19 	of the actor's or another's bare genitals or anal opening with sexual or aggressive intent.

48.20 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
48.21 	committed on or after that date.

48.22 	Sec. 4. Minnesota Statutes 2018, section 609.341, subdivision 12, is amended to read:
48.23 		Subd. 12.Sexual penetration. "Sexual penetration" means any of the following acts 
48.24 	committed without the complainant's consent, except in those cases where consent is not a 
48.25 	defense, whether or not emission of semen occurs:
48.26 	(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
48.27 	(2) any intrusion however slight into the genital or anal openings:
48.28 	(i) of the complainant's body by any part of the actor's body or any object used by the 
48.29 	actor for this purpose;
48.30 	(ii) of the complainant's body by any part of the body of the complainant, by any part 
48.31 	of the body of another person, or by any object used by the complainant or another person 
49.1 	for this purpose, when effected by a person in a current or recent position of authority, or 
49.2 	by coercion, or by inducement if the child is under 13 years of age or mentally impaired; 
49.3 	or
49.4 	(iii) of the body of the actor or another person by any part of the body of the complainant 
49.5 	or by any object used by the complainant for this purpose, when effected by a person in a 
49.6 	current or recent position of authority, or by coercion, or by inducement if the child is under 
49.7 	13 years of age or mentally impaired.

49.8 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
49.9 	committed on or after that date.

49.10 	Sec. 5. Minnesota Statutes 2018, section 609.342, subdivision 1, is amended to read:
49.11 		Subdivision 1.Crime defined. A person who engages in sexual penetration with another 
49.12 	person, or in sexual contact with a person under 13 years of age as defined in section 609.341, 
49.13 	subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the first degree if any 
49.14 	of the following circumstances exists:
49.15 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
49.16 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
49.17 	the complainant is a defense;
49.18 	(b) the complainant is at least 13 years of age but less than 16 years of age and the actor 
49.19 	is more than 48 months older than the complainant and in a current or recent position of 
49.20 	authority over the complainant. Neither mistake as to the complainant's age nor consent to 
49.21 	the act by the complainant is a defense;
49.22 	(c) circumstances existing at the time of the act cause the complainant to have a 
49.23 	reasonable fear of imminent great bodily harm to the complainant or another;
49.24 	(d) the actor is armed with a dangerous weapon or any article used or fashioned in a 
49.25 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
49.26 	or threatens to use the weapon or article to cause the complainant to submit;
49.27 	(e) the actor causes personal injury to the complainant, and either of the following 
49.28 	circumstances exist:
49.29 	(i) the actor uses force or coercion to accomplish sexual penetration the act; or
49.30 	(ii) the actor knows or has reason to know that the complainant is mentally impaired, 
49.31 	mentally incapacitated, or physically helpless;
50.1 	(f) the actor is aided or abetted by one or more accomplices within the meaning of section 
50.2 	609.05, and either of the following circumstances exists:
50.3 	(i) an accomplice uses force or coercion to cause the complainant to submit; or
50.4 	(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned 
50.5 	in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and 
50.6 	uses or threatens to use the weapon or article to cause the complainant to submit;
50.7 	(g) the actor has a significant relationship to the complainant and the complainant was 
50.8 	under 16 years of age at the time of the sexual penetration act. Neither mistake as to the 
50.9 	complainant's age nor consent to the act by the complainant is a defense; or
50.10 	(h) the actor has a significant relationship to the complainant, the complainant was under 
50.11 	16 years of age at the time of the sexual penetration act, and:
50.12 	(i) the actor or an accomplice used force or coercion to accomplish the penetration act;
50.13 	(ii) the complainant suffered personal injury; or
50.14 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
50.15 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
50.16 	a defense.

50.17 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
50.18 	committed on or after that date.

50.19 	Sec. 6. Minnesota Statutes 2018, section 609.343, subdivision 1, is amended to read:
50.20 		Subdivision 1.Crime defined. A person who engages in sexual contact with another 
50.21 	person is guilty of criminal sexual conduct in the second degree if any of the following 
50.22 	circumstances exists:
50.23 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
50.24 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
50.25 	the complainant is a defense. In a prosecution under this clause, the state is not required to 
50.26 	prove that the sexual contact was coerced;
50.27 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
50.28 	48 months older than the complainant and in a current or recent position of authority over 
50.29 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
50.30 	complainant is a defense;
51.1 	(c) circumstances existing at the time of the act cause the complainant to have a 
51.2 	reasonable fear of imminent great bodily harm to the complainant or another;
51.3 	(d) the actor is armed with a dangerous weapon or any article used or fashioned in a 
51.4 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
51.5 	or threatens to use the dangerous weapon to cause the complainant to submit;
51.6 	(e) the actor causes personal injury to the complainant, and either of the following 
51.7 	circumstances exist:
51.8 	(i) the actor uses force or coercion to accomplish the sexual contact; or
51.9 	(ii) the actor knows or has reason to know that the complainant is mentally impaired, 
51.10 	mentally incapacitated, or physically helpless;
51.11 	(f) the actor is aided or abetted by one or more accomplices within the meaning of section 
51.12 	609.05, and either of the following circumstances exists:
51.13 	(i) an accomplice uses force or coercion to cause the complainant to submit; or
51.14 	(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned 
51.15 	in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
51.16 	uses or threatens to use the weapon or article to cause the complainant to submit;
51.17 	(g) the actor has a significant relationship to the complainant and the complainant was 
51.18 	under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's 
51.19 	age nor consent to the act by the complainant is a defense; or
51.20 	(h) the actor has a significant relationship to the complainant, the complainant was under 
51.21 	16 years of age at the time of the sexual contact, and:
51.22 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
51.23 	(ii) the complainant suffered personal injury; or
51.24 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
51.25 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
51.26 	a defense.

51.27 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
51.28 	committed on or after that date.

52.1 	Sec. 7. Minnesota Statutes 2018, section 609.344, subdivision 1, is amended to read:
52.2 		Subdivision 1.Crime defined. A person who engages in sexual penetration with another 
52.3 	person is guilty of criminal sexual conduct in the third degree if any of the following 
52.4 	circumstances exists:
52.5 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
52.6 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
52.7 	act by the complainant shall be a defense;
52.8 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
52.9 	24 months older than the complainant. In any such case if the actor is no more than 120 
52.10 	months older than the complainant, it shall be an affirmative defense, which must be proved 
52.11 	by a preponderance of the evidence, that the actor reasonably believes the complainant to 
52.12 	be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not 
52.13 	be a defense. Consent by the complainant is not a defense;
52.14 	(c) the actor uses force or coercion to accomplish the penetration;
52.15 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
52.16 	mentally incapacitated, or physically helpless;
52.17 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
52.18 	48 months older than the complainant and in a current or recent position of authority over 
52.19 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
52.20 	complainant is a defense;
52.21 	(f) the actor has a significant relationship to the complainant and the complainant was 
52.22 	at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake 
52.23 	as to the complainant's age nor consent to the act by the complainant is a defense;
52.24 	(g) the actor has a significant relationship to the complainant, the complainant was at 
52.25 	least 16 but under 18 years of age at the time of the sexual penetration, and:
52.26 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
52.27 	(ii) the complainant suffered personal injury; or
52.28 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
52.29 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
52.30 	a defense;
52.31 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
52.32 	and the sexual penetration occurred:
53.1 	(i) during the psychotherapy session; or
53.2 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
53.3 	exists.
53.4 	Consent by the complainant is not a defense;
53.5 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
53.6 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
53.7 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
53.8 	the sexual penetration occurred by means of therapeutic deception. Consent by the 
53.9 	complainant is not a defense;
53.10 	(k) the actor accomplishes the sexual penetration by means of deception or false 
53.11 	representation that the penetration is for a bona fide medical purpose. Consent by the 
53.12 	complainant is not a defense;
53.13 	(1) the actor is or purports to be a member of the clergy, the complainant is not married 
53.14 	to the actor, and:
53.15 	(i) the sexual penetration occurred during the course of a meeting in which the 
53.16 	complainant sought or received religious or spiritual advice, aid, or comfort from the actor 
53.17 	in private; or
53.18 	(ii) the sexual penetration occurred during a period of time in which the complainant 
53.19 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
53.20 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
53.21 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
53.22 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
53.23 	or treatment facility providing services to clients civilly committed as mentally ill and 
53.24 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
53.25 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
53.26 	is a resident of a facility or under supervision of the correctional system. Consent by the 
53.27 	complainant is not a defense;
53.28 	(n) the actor provides or is an agent of an entity that provides special transportation 
53.29 	service, the complainant used the special transportation service, and the sexual penetration 
53.30 	occurred during or immediately before or after the actor transported the complainant. Consent 
53.31 	by the complainant is not a defense; or
54.1 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
54.2 	of one of those services, and nonconsensual sexual penetration occurred during or 
54.3 	immediately before or after the actor performed or was hired to perform one of those services 
54.4 	for the complainant.; or
54.5 	(p) the actor is a peace officer, as defined in section 626.84, and the officer physically 
54.6 	or constructively restrains the complainant or the complainant does not reasonably feel free 
54.7 	to leave the officer's presence. Consent by the complainant is not a defense. This paragraph 
54.8 	does not apply to any penetration of the mouth, genitals, or anus during a lawful search.

54.9 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
54.10 	committed on or after that date.

54.11 	Sec. 8. Minnesota Statutes 2018, section 609.345, subdivision 1, is amended to read:
54.12 		Subdivision 1.Crime defined. A person who engages in sexual contact with another 
54.13 	person is guilty of criminal sexual conduct in the fourth degree if any of the following 
54.14 	circumstances exists:
54.15 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
54.16 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
54.17 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
54.18 	required to prove that the sexual contact was coerced;
54.19 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
54.20 	48 months older than the complainant or in a current or recent position of authority over 
54.21 	the complainant. Consent by the complainant to the act is not a defense. In any such case, 
54.22 	if the actor is no more than 120 months older than the complainant, it shall be an affirmative 
54.23 	defense which must be proved by a preponderance of the evidence that the actor reasonably 
54.24 	believes the complainant to be 16 years of age or older. In all other cases, mistake as to the 
54.25 	complainant's age shall not be a defense;
54.26 	(c) the actor uses force or coercion to accomplish the sexual contact;
54.27 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
54.28 	mentally incapacitated, or physically helpless;
54.29 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
54.30 	48 months older than the complainant and in a current or recent position of authority over 
54.31 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
54.32 	complainant is a defense;
55.1 	(f) the actor has a significant relationship to the complainant and the complainant was 
55.2 	at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to 
55.3 	the complainant's age nor consent to the act by the complainant is a defense;
55.4 	(g) the actor has a significant relationship to the complainant, the complainant was at 
55.5 	least 16 but under 18 years of age at the time of the sexual contact, and:
55.6 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
55.7 	(ii) the complainant suffered personal injury; or
55.8 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
55.9 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
55.10 	a defense;
55.11 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
55.12 	and the sexual contact occurred:
55.13 	(i) during the psychotherapy session; or
55.14 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
55.15 	exists. Consent by the complainant is not a defense;
55.16 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
55.17 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
55.18 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
55.19 	the sexual contact occurred by means of therapeutic deception. Consent by the complainant 
55.20 	is not a defense;
55.21 	(k) the actor accomplishes the sexual contact by means of deception or false representation 
55.22 	that the contact is for a bona fide medical purpose. Consent by the complainant is not a 
55.23 	defense;
55.24 	(1) the actor is or purports to be a member of the clergy, the complainant is not married 
55.25 	to the actor, and:
55.26 	(i) the sexual contact occurred during the course of a meeting in which the complainant 
55.27 	sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
55.28 	(ii) the sexual contact occurred during a period of time in which the complainant was 
55.29 	meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, 
55.30 	aid, or comfort in private. Consent by the complainant is not a defense;
56.1 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
56.2 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
56.3 	or treatment facility providing services to clients civilly committed as mentally ill and 
56.4 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
56.5 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
56.6 	is a resident of a facility or under supervision of the correctional system. Consent by the 
56.7 	complainant is not a defense;
56.8 	(n) the actor provides or is an agent of an entity that provides special transportation 
56.9 	service, the complainant used the special transportation service, the complainant is not 
56.10 	married to the actor, and the sexual contact occurred during or immediately before or after 
56.11 	the actor transported the complainant. Consent by the complainant is not a defense; or
56.12 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
56.13 	of one of those services, and nonconsensual sexual contact occurred during or immediately 
56.14 	before or after the actor performed or was hired to perform one of those services for the 
56.15 	complainant.; or
56.16 	(p) the actor is a peace officer, as defined in section 626.84, and the officer physically 
56.17 	or constructively restrains the complainant or the complainant does not reasonably feel free 
56.18 	to leave the officer's presence. Consent by the complainant is not a defense.

56.19 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
56.20 	committed on or after that date.

56.21 	Sec. 9. Minnesota Statutes 2018, section 609.3451, subdivision 1, is amended to read:
56.22 		Subdivision 1.Crime defined. A person is guilty of criminal sexual conduct in the fifth 
56.23 	degree:
56.24 	(1) if the person engages in nonconsensual sexual contact; or
56.25 	(2) the person engages in masturbation or lewd exhibition of the genitals in the presence 
56.26 	of a minor under the age of 16, knowing or having reason to know the minor is present.
56.27 	For purposes of this section, "sexual contact" has the meaning given in section 609.341, 
56.28 	subdivision 11, paragraph (a), clauses (i), (iv), and (v), but does not include the intentional 
56.29 	touching of the clothing covering the immediate area of the buttocks. Sexual contact also 
56.30 	includes the intentional removal or attempted removal of clothing covering the complainant's 
56.31 	intimate parts or undergarments, and the nonconsensual touching by the complainant of the 
56.32 	actor's intimate parts, effected by the actor, if the action is performed with sexual or 
56.33 	aggressive intent.

57.1 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
57.2 	committed on or after that date.

57.3 	Sec. 10. [609.3459] LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.
57.4 	(a) A victim of any violation of sections 609.342 to 609.3453 may initiate a law 
57.5 	enforcement investigation by contacting any law enforcement agency, regardless of where 
57.6 	the crime may have occurred. The agency must prepare a summary of the allegation and 
57.7 	provide the person with a copy of it. The agency must begin an investigation of the facts, 
57.8 	or, if the suspected crime was committed in a different jurisdiction, refer the matter along 
57.9 	with the summary to the law enforcement agency where the suspected crime was committed 
57.10 	for an investigation of the facts.
57.11 	(b) If a law enforcement agency refers the matter to the law enforcement agency where 
57.12 	the crime was committed, it need not include the allegation as a crime committed in its 
57.13 	jurisdiction for purposes of information that the agency is required to provide to the 
57.14 	commissioner of public safety pursuant to section 299C.06, but must confirm that the other 
57.15 	law enforcement agency has received the referral.

57.16 	Sec. 11. Minnesota Statutes 2018, section 609.746, subdivision 1, is amended to read:
57.17 		Subdivision 1.Surreptitious intrusion; observation device. (a) A person is guilty of 
57.18 	a gross misdemeanor who:
57.19 	(1) enters upon another's property;
57.20 	(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house 
57.21 	or place of dwelling of another; and
57.22 	(3) does so with intent to intrude upon or interfere with the privacy of a member of the 
57.23 	household.
57.24 	(b) A person is guilty of a gross misdemeanor who:
57.25 	(1) enters upon another's property;
57.26 	(2) surreptitiously installs or uses any device for observing, photographing, recording, 
57.27 	amplifying, or broadcasting sounds or events through the window or any other aperture of 
57.28 	a house or place of dwelling of another; and
57.29 	(3) does so with intent to intrude upon or interfere with the privacy of a member of the 
57.30 	household.
57.31 	(c) A person is guilty of a gross misdemeanor who:
58.1 	(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping 
58.2 	room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place 
58.3 	where a reasonable person would have an expectation of privacy and has exposed or is 
58.4 	likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the 
58.5 	clothing covering the immediate area of the intimate parts; and
58.6 	(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
58.7 	(d) A person is guilty of a gross misdemeanor who:
58.8 	(1) surreptitiously installs or uses any device for observing, photographing, recording, 
58.9 	amplifying, or broadcasting sounds or events through the window or other aperture of a 
58.10 	sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or 
58.11 	other place where a reasonable person would have an expectation of privacy and has exposed 
58.12 	or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or 
58.13 	the clothing covering the immediate area of the intimate parts; and
58.14 	(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
58.15 	(e) A person is guilty of a felony and may be sentenced to imprisonment for not more 
58.16 	than two years or to payment of a fine of not more than $5,000, or both, if the person:
58.17 	(1) violates this subdivision after a previous conviction under this subdivision or section 
58.18 	609.749; or
58.19 	(2) violates this subdivision against a minor under the age of 18, knowing or having 
58.20 	reason to know that the minor is present.
58.21 	(f) A person is guilty of a felony and may be sentenced to imprisonment for not more 
58.22 	than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person 
58.23 	violates paragraph (b) or (d) against a minor victim under the age of 18; (2) the person is 
58.24 	more than 36 months older than the minor victim; (3) the person knows or has reason to 
58.25 	know that the minor victim is present; and (4) the violation is committed with sexual intent.
58.26 	(g) Paragraphs (b) and (d) do not apply to law enforcement officers or corrections 
58.27 	investigators, or to those acting under their direction, while engaged in the performance of 
58.28 	their lawful duties. Paragraphs (c) and (d) do not apply to conduct in: (1) a medical facility; 
58.29 	or (2) a commercial establishment if the owner of the establishment has posted conspicuous 
58.30 	signs warning that the premises are under surveillance by the owner or the owner's employees.

58.31 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
58.32 	committed on or after that date.

59.1 	Sec. 12. Minnesota Statutes 2018, section 617.246, subdivision 2, is amended to read:
59.2 		Subd. 2.Use of minor. (a) It is unlawful for a person to promote, employ, use or permit 
59.3 	a minor to engage in or assist others to engage minors in posing or modeling alone or with 
59.4 	others in any sexual performance or pornographic work if the person knows or has reason 
59.5 	to know that the conduct intended is a sexual performance or a pornographic work.
59.6 	Any person who violates this subdivisionparagraph is guilty of a felony and may be 
59.7 	sentenced to imprisonment for not more than ten years or to payment of a fine of not more 
59.8 	than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both.
59.9 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to 
59.10 	imprisonment for not more than 15 years or to payment of a fine of not more than $40,000, 
59.11 	or both, if:
59.12 	(1) the person has a prior conviction or delinquency adjudication for violating this section 
59.13 	or section 617.247;
59.14 	(2) the violation occurs when the person is a registered predatory offender under section 
59.15 	243.166; or
59.16 	(3) the violation involved a minor under the age of 13 years.

59.17 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
59.18 	committed on or after that date.

59.19 	Sec. 13. Minnesota Statutes 2018, section 617.246, subdivision 3, is amended to read:
59.20 		Subd. 3.Operation or ownership of business. (a) A person who owns or operates a 
59.21 	business in which a pornographic work, as defined in this section, is disseminated to an 
59.22 	adult or a minor or is reproduced, and who knows the content and character of the 
59.23 	pornographic work disseminated or reproduced, is guilty of a felony and may be sentenced 
59.24 	to imprisonment for not more than ten years, or to payment of a fine of not more than 
59.25 	$20,000 for the first offense and $40,000 for a second or subsequent offense, or both.
59.26 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to 
59.27 	imprisonment for not more than 15 years or to payment of a fine of not more than $40,000, 
59.28 	or both, if:
59.29 	(1) the person has a prior conviction or delinquency adjudication for violating this section 
59.30 	or section 617.247;
59.31 	(2) the violation occurs when the person is a registered predatory offender under section 
59.32 	243.166; or
60.1 	(3) the violation involved a minor under the age of 13 years.

60.2 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
60.3 	committed on or after that date.

60.4 	Sec. 14. Minnesota Statutes 2018, section 617.246, subdivision 4, is amended to read:
60.5 		Subd. 4.Dissemination. (a) A person who, knowing or with reason to know its content 
60.6 	and character, disseminates for profit to an adult or a minor a pornographic work, as defined 
60.7 	in this section, is guilty of a felony and may be sentenced to imprisonment for not more 
60.8 	than ten years, or to payment of a fine of not more than $20,000 for the first offense and 
60.9 	$40,000 for a second or subsequent offense, or both.
60.10 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to 
60.11 	imprisonment for not more than 15 years or to payment of a fine of not more than $40,000, 
60.12 	or both, if:
60.13 	(1) the person has a prior conviction or delinquency adjudication for violating this section 
60.14 	or section 617.247;
60.15 	(2) the violation occurs when the person is a registered predatory offender under section 
60.16 	243.166; or
60.17 	(3) the violation involved a minor under the age of 13 years.

60.18 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
60.19 	committed on or after that date.

60.20 	Sec. 15. Minnesota Statutes 2018, section 617.246, subdivision 7, is amended to read:
60.21 		Subd. 7.Conditional release term. Notwithstanding the statutory maximum sentence 
60.22 	otherwise applicable to the offense or any provision of the sentencing guidelines, when a 
60.23 	court commits a person to the custody of the commissioner of corrections for violating this 
60.24 	section, the court shall provide that after the person has been released from prison, the 
60.25 	commissioner shall place the person on conditional release for five years. If the person has 
60.26 	previously been convicted of a violation of this section, section 609.342, 609.343, 609.344, 
60.27 	609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this 
60.28 	state, or any state, the commissioner shall place the person on conditional release for ten
60.29 	15 years. The terms of conditional release are governed by section 609.3455, subdivision 
60.30 	8.

61.1 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
61.2 	committed on or after that date.

61.3 	Sec. 16. Minnesota Statutes 2018, section 617.247, subdivision 3, is amended to read:
61.4 		Subd. 3.Dissemination prohibited. (a) A person who disseminates pornographic work 
61.5 	to an adult or a minor, knowing or with reason to know its content and character, is guilty 
61.6 	of a felony and may be sentenced to imprisonment for not more than seven years andor to 
61.7 	payment of a fine of not more than $10,000 for a first offense and for not more than 15 
61.8 	years and a fine of not more than $20,000 for a second or subsequent offense, or both.
61.9 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to 
61.10 	imprisonment for not more than 15 years or to payment of a fine of not more than $20,000, 
61.11 	or both, if:
61.12 	(1) the person has a prior conviction or delinquency adjudication for violating this section 
61.13 	or section 617.246;
61.14 	(2) the violation occurs when the person is a registered predatory offender under section 
61.15 	243.166; or
61.16 	(3) the violation involved a minor under the age of 13 years.

61.17 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
61.18 	committed on or after that date.

61.19 	Sec. 17. Minnesota Statutes 2018, section 617.247, subdivision 4, is amended to read:
61.20 		Subd. 4.Possession prohibited. (a) A person who possesses a pornographic work or a 
61.21 	computer disk or computer or other electronic, magnetic, or optical storage system or a 
61.22 	storage system of any other type, containing a pornographic work, knowing or with reason 
61.23 	to know its content and character, is guilty of a felony and may be sentenced to imprisonment 
61.24 	for not more than five years andor to payment of a fine of not more than $5,000 for a first 
61.25 	offense and for not more than ten years and a fine of not more than $10,000 for a second 
61.26 	or subsequent offense, or both.
61.27 	(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to 
61.28 	imprisonment for not more than ten years or to payment of a fine of not more than $10,000, 
61.29 	or both, if:
61.30 	(1) the person has a prior conviction or delinquency adjudication for violating this section 
61.31 	or section 617.246;
62.1 	(2) the violation occurs when the person is a registered predatory offender under section 
62.2 	243.166; or
62.3 	(3) the violation involved a minor under the age of 13 years.

62.4 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
62.5 	committed on or after that date.

62.6 	Sec. 18. Minnesota Statutes 2018, section 617.247, subdivision 9, is amended to read:
62.7 		Subd. 9.Conditional release term. Notwithstanding the statutory maximum sentence 
62.8 	otherwise applicable to the offense or any provision of the sentencing guidelines, when a 
62.9 	court commits a person to the custody of the commissioner of corrections for violating this 
62.10 	section, the court shall provide that after the person has been released from prison, the 
62.11 	commissioner shall place the person on conditional release for five years. If the person has 
62.12 	previously been convicted of a violation of this section, section 609.342, 609.343, 609.344, 
62.13 	609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this 
62.14 	state, or any state, the commissioner shall place the person on conditional release for ten
62.15 	15 years. The terms of conditional release are governed by section 609.3455, subdivision 
62.16 	8.

62.17 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
62.18 	committed on or after that date.

62.19 	Sec. 19. Minnesota Statutes 2018, section 626.556, subdivision 2, is amended to read:
62.20 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
62.21 	given them unless the specific content indicates otherwise:
62.22 	(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence 
62.23 	or event which:
62.24 	(1) is not likely to occur and could not have been prevented by exercise of due care; and
62.25 	(2) if occurring while a child is receiving services from a facility, happens when the 
62.26 	facility and the employee or person providing services in the facility are in compliance with 
62.27 	the laws and rules relevant to the occurrence or event.
62.28 	(b) "Commissioner" means the commissioner of human services.
62.29 	(c) "Facility" means:
62.30 	(1) a licensed or unlicensed day care facility, certified license-exempt child care center, 
62.31 	residential facility, agency, hospital, sanitarium, or other facility or institution required to 
63.1 	be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 
63.2 	144H, 245D, or 245H;
63.3 	(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; 
63.4 	or
63.5 	(3) a nonlicensed personal care provider organization as defined in section 256B.0625, 
63.6 	subdivision 19a.
63.7 	(d) "Family assessment" means a comprehensive assessment of child safety, risk of 
63.8 	subsequent child maltreatment, and family strengths and needs that is applied to a child 
63.9 	maltreatment report that does not allege sexual abuse or substantial child endangerment. 
63.10 	Family assessment does not include a determination as to whether child maltreatment 
63.11 	occurred but does determine the need for services to address the safety of family members 
63.12 	and the risk of subsequent maltreatment.
63.13 	(e) "Investigation" means fact gathering related to the current safety of a child and the 
63.14 	risk of subsequent maltreatment that determines whether child maltreatment occurred and 
63.15 	whether child protective services are needed. An investigation must be used when reports 
63.16 	involve sexual abuse or substantial child endangerment, and for reports of maltreatment in 
63.17 	facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under 
63.18 	sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05, 
63.19 	subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider 
63.20 	association as defined in section 256B.0625, subdivision 19a.
63.21 	(f) "Mental injury" means an injury to the psychological capacity or emotional stability 
63.22 	of a child as evidenced by an observable or substantial impairment in the child's ability to 
63.23 	function within a normal range of performance and behavior with due regard to the child's 
63.24 	culture.
63.25 	(g) "Neglect" means the commission or omission of any of the acts specified under 
63.26 	clauses (1) to (9), other than by accidental means:
63.27 	(1) failure by a person responsible for a child's care to supply a child with necessary 
63.28 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
63.29 	mental health when reasonably able to do so;
63.30 	(2) failure to protect a child from conditions or actions that seriously endanger the child's 
63.31 	physical or mental health when reasonably able to do so, including a growth delay, which 
63.32 	may be referred to as a failure to thrive, that has been diagnosed by a physician and is due 
63.33 	to parental neglect;
64.1 	(3) failure to provide for necessary supervision or child care arrangements appropriate 
64.2 	for a child after considering factors as the child's age, mental ability, physical condition, 
64.3 	length of absence, or environment, when the child is unable to care for the child's own basic 
64.4 	needs or safety, or the basic needs or safety of another child in their care;
64.5 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
64.6 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
64.7 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 
64.8 	5;
64.9 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
64.10 	because the child's parent, guardian, or other person responsible for the child's care in good 
64.11 	faith selects and depends upon spiritual means or prayer for treatment or care of disease or 
64.12 	remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, 
64.13 	or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of 
64.14 	medical care may cause serious danger to the child's health. This section does not impose 
64.15 	upon persons, not otherwise legally responsible for providing a child with necessary food, 
64.16 	clothing, shelter, education, or medical care, a duty to provide that care;
64.17 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 
64.18 	2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in 
64.19 	the child at birth, results of a toxicology test performed on the mother at delivery or the 
64.20 	child at birth, medical effects or developmental delays during the child's first year of life 
64.21 	that medically indicate prenatal exposure to a controlled substance, or the presence of a 
64.22 	fetal alcohol spectrum disorder;
64.23 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
64.24 	(8) chronic and severe use of alcohol or a controlled substance by a parent or person 
64.25 	responsible for the care of the child that adversely affects the child's basic needs and safety; 
64.26 	or
64.27 	(9) emotional harm from a pattern of behavior which contributes to impaired emotional 
64.28 	functioning of the child which may be demonstrated by a substantial and observable effect 
64.29 	in the child's behavior, emotional response, or cognition that is not within the normal range 
64.30 	for the child's age and stage of development, with due regard to the child's culture.
64.31 	(h) "Nonmaltreatment mistake" means:
64.32 	(1) at the time of the incident, the individual was performing duties identified in the 
64.33 	center's child care program plan required under Minnesota Rules, part 9503.0045;
65.1 	(2) the individual has not been determined responsible for a similar incident that resulted 
65.2 	in a finding of maltreatment for at least seven years;
65.3 	(3) the individual has not been determined to have committed a similar nonmaltreatment 
65.4 	mistake under this paragraph for at least four years;
65.5 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
65.6 	remedies that are available over the counter, whether ordered by a medical professional or 
65.7 	not; and
65.8 	(5) except for the period when the incident occurred, the facility and the individual 
65.9 	providing services were both in compliance with all licensing requirements relevant to the 
65.10 	incident.
65.11 	This definition only applies to child care centers licensed under Minnesota Rules, chapter 
65.12 	9503. If clauses (1) to (5) apply, rather than making a determination of substantiated 
65.13 	maltreatment by the individual, the commissioner of human services shall determine that a 
65.14 	nonmaltreatment mistake was made by the individual.
65.15 	(i) "Operator" means an operator or agency as defined in section 245A.02.
65.16 	(j) "Person responsible for the child's care" means (1) an individual functioning within 
65.17 	the family unit and having responsibilities for the care of the child such as a parent, guardian, 
65.18 	or other person having similar care responsibilities, or (2) an individual functioning outside 
65.19 	the family unit and having responsibilities for the care of the child such as a teacher, school 
65.20 	administrator, other school employees or agents, or other lawful custodian of a child having 
65.21 	either full-time or short-term care responsibilities including, but not limited to, day care, 
65.22 	babysitting whether paid or unpaid, counseling, teaching, and coaching.
65.23 	(k) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
65.24 	inflicted by a person responsible for the child's care on a child other than by accidental 
65.25 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
65.26 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
65.27 	that have not been authorized under section 125A.0942 or 245.825.
65.28 	Abuse does not include reasonable and moderate physical discipline of a child 
65.29 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
65.30 	not include the use of reasonable force by a teacher, principal, or school employee as allowed 
65.31 	by section 121A.582. Actions which are not reasonable and moderate include, but are not 
65.32 	limited to, any of the following:
65.33 	(1) throwing, kicking, burning, biting, or cutting a child;
66.1 	(2) striking a child with a closed fist;
66.2 	(3) shaking a child under age three;
66.3 	(4) striking or other actions which result in any nonaccidental injury to a child under 18 
66.4 	months of age;
66.5 	(5) unreasonable interference with a child's breathing;
66.6 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
66.7 	(7) striking a child under age one on the face or head;
66.8 	(8) striking a child who is at least age one but under age four on the face or head, which 
66.9 	results in an injury;
66.10 	(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
66.11 	substances which were not prescribed for the child by a practitioner, in order to control or 
66.12 	punish the child; or other substances that substantially affect the child's behavior, motor 
66.13 	coordination, or judgment or that results in sickness or internal injury, or subjects the child 
66.14 	to medical procedures that would be unnecessary if the child were not exposed to the 
66.15 	substances;
66.16 	(10) unreasonable physical confinement or restraint not permitted under section 609.379, 
66.17 	including but not limited to tying, caging, or chaining; or
66.18 	(11) in a school facility or school zone, an act by a person responsible for the child's 
66.19 	care that is a violation under section 121A.58.
66.20 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is not 
66.21 	limited to employee assistance counseling and the provision of guardian ad litem and 
66.22 	parenting time expeditor services.
66.23 	(m) "Report" means any communication received by the local welfare agency, police 
66.24 	department, county sheriff, or agency responsible for child protection pursuant to this section 
66.25 	that describes neglect or physical or sexual abuse of a child and contains sufficient content 
66.26 	to identify the child and any person believed to be responsible for the neglect or abuse, if 
66.27 	known.
66.28 	(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's 
66.29 	care, by a person who has a significant relationship to the child, as defined in section 609.341, 
66.30 	or by a person in a current or recent position of authority, as defined in section 609.341, 
66.31 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
66.32 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344
67.1 	(criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth 
67.2 	degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes 
67.3 	any act which involves a minor which constitutes a violation of prostitution offenses under 
67.4 	sections 609.321 to 609.324 or 617.246. Effective May 29, 2017, sexual abuse includes all 
67.5 	reports of known or suspected child sex trafficking involving a child who is identified as a 
67.6 	victim of sex trafficking. Sexual abuse includes child sex trafficking as defined in section 
67.7 	609.321, subdivisions 7a and 7b. Sexual abuse includes threatened sexual abuse which 
67.8 	includes the status of a parent or household member who has committed a violation which 
67.9 	requires registration as an offender under section 243.166, subdivision 1b, paragraph (a) or 
67.10 	(b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b).
67.11 	(o) "Substantial child endangerment" means a person responsible for a child's care, by 
67.12 	act or omission, commits or attempts to commit an act against a child under their care that 
67.13 	constitutes any of the following:
67.14 	(1) egregious harm as defined in section 260C.007, subdivision 14;
67.15 	(2) abandonment under section 260C.301, subdivision 2;
67.16 	(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's 
67.17 	physical or mental health, including a growth delay, which may be referred to as failure to 
67.18 	thrive, that has been diagnosed by a physician and is due to parental neglect;
67.19 	(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
67.20 	(5) manslaughter in the first or second degree under section 609.20 or 609.205;
67.21 	(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
67.22 	(7) solicitation, inducement, and promotion of prostitution under section 609.322;
67.23 	(8) criminal sexual conduct under sections 609.342 to 609.3451;
67.24 	(9) solicitation of children to engage in sexual conduct under section 609.352;
67.25 	(10) malicious punishment or neglect or endangerment of a child under section 609.377 
67.26 	or 609.378;
67.27 	(11) use of a minor in sexual performance under section 617.246; or
67.28 	(12) parental behavior, status, or condition which mandates that the county attorney file 
67.29 	a termination of parental rights petition under section 260C.503, subdivision 2.
67.30 	(p) "Threatened injury" means a statement, overt act, condition, or status that represents 
67.31 	a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, 
68.1 	but is not limited to, exposing a child to a person responsible for the child's care, as defined 
68.2 	in paragraph (j), clause (1), who has:
68.3 	(1) subjected a child to, or failed to protect a child from, an overt act or condition that 
68.4 	constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law 
68.5 	of another jurisdiction;
68.6 	(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph 
68.7 	(b), clause (4), or a similar law of another jurisdiction;
68.8 	(3) committed an act that has resulted in an involuntary termination of parental rights 
68.9 	under section 260C.301, or a similar law of another jurisdiction; or
68.10 	(4) committed an act that has resulted in the involuntary transfer of permanent legal and 
68.11 	physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, 
68.12 	subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law 
68.13 	of another jurisdiction.
68.14 	A child is the subject of a report of threatened injury when the responsible social services 
68.15 	agency receives birth match data under paragraph (q) from the Department of Human 
68.16 	Services.
68.17 	(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth 
68.18 	record or recognition of parentage identifying a child who is subject to threatened injury 
68.19 	under paragraph (p), the Department of Human Services shall send the data to the responsible 
68.20 	social services agency. The data is known as "birth match" data. Unless the responsible 
68.21 	social services agency has already begun an investigation or assessment of the report due 
68.22 	to the birth of the child or execution of the recognition of parentage and the parent's previous 
68.23 	history with child protection, the agency shall accept the birth match data as a report under 
68.24 	this section. The agency may use either a family assessment or investigation to determine 
68.25 	whether the child is safe. All of the provisions of this section apply. If the child is determined 
68.26 	to be safe, the agency shall consult with the county attorney to determine the appropriateness 
68.27 	of filing a petition alleging the child is in need of protection or services under section 
68.28 	260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is 
68.29 	determined not to be safe, the agency and the county attorney shall take appropriate action 
68.30 	as required under section 260C.503, subdivision 2.
68.31 	(r) Persons who conduct assessments or investigations under this section shall take into 
68.32 	account accepted child-rearing practices of the culture in which a child participates and 
68.33 	accepted teacher discipline practices, which are not injurious to the child's health, welfare, 
68.34 	and safety.

69.1 	EFFECTIVE DATE. This section is effective August 1, 2019.

69.2 	Sec. 20. [626.8442] POLICIES ON SEXUAL ASSAULTS.
69.3 	(a) The chief law enforcement officer of every state and local law enforcement agency 
69.4 	must establish and enforce a written policy addressing how the agency will respond to and 
69.5 	investigate reports of sexual assault. The policy must substantially incorporate the main 
69.6 	items from the board's model policy on responding to reports of sexual assault, but also 
69.7 	may expand on the board's policy. As an alternative, the policy may be identical to the 
69.8 	board's policy.
69.9 	(b) Each chief law enforcement officer must certify to the board that the policy described 
69.10 	in paragraph (a) is in place and being enforced and forward a copy of the policy to the board.

69.11 	EFFECTIVE DATE. This section is effective the day following final enactment. Chief 
69.12 	law enforcement officers must comply with this section's requirements by October 1, 2019.

69.13 	Sec. 21. CRIMINAL SEXUAL CONDUCT STATUTORY REFORM WORKING 
69.14 	GROUP; REPORT.
 69.15 		Subdivision 1.Direction. By September 1, 2019, the commissioner of public safety 
69.16 	shall convene a working group on criminal sexual conduct statutory reform. The 
69.17 	commissioner shall invite representatives from city and county prosecuting agencies, 
69.18 	statewide crime victim coalitions, the Minnesota judicial branch, the Minnesota Board of 
69.19 	Public Defense, private criminal defense attorneys, the Department of Public Safety, the 
69.20 	Department of Human Services, the Sentencing Guidelines Commission, state and local 
69.21 	law enforcement agencies, and other interested parties to participate in the working group. 
69.22 	The commissioner shall ensure that the membership of the working group is balanced among 
69.23 	the various representatives and reflects a broad spectrum of viewpoints, and is inclusive of 
69.24 	marginalized communities as well as victim and survivor voices.
69.25 		Subd. 2.Duties. The working group must review, assess, and make specific 
69.26 	recommendations with regard to substantive and technical amendments to Minnesota Statutes, 
69.27 	sections 609.341 to 609.3451, 609.3453 to 609.3455, 609.349, 628.26, and any other related 
69.28 	criminal laws.
69.29 		Subd. 3.Report to legislature. The commissioner shall file a report detailing the working 
69.30 	group's findings and recommendations with the chairs and ranking minority members of 
69.31 	the house of representatives and senate committees and divisions having jurisdiction over 
69.32 	public safety and judiciary policy and finance by January 15, 2021.

70.1 	Sec. 22. SENTENCING GUIDELINES MODIFICATION.
 70.2 	The Sentencing Guidelines Commission shall comprehensively review and consider 
70.3 	modifying how the Sentencing Guidelines and the sex offender grid address the crimes 
70.4 	described in Minnesota Statutes, sections 617.246 and 617.247, as compared to similar 
70.5 	crimes, including other sex offenses and other offenses with similar maximum penalties.

70.6 	ARTICLE 5
70.7 	PREDATORY OFFENDERS

70.8 	Section 1. Minnesota Statutes 2018, section 171.07, subdivision 1a, is amended to read:
70.9 		Subd. 1a.Filing photograph or image; data classification. The department shall file, 
70.10 	or contract to file, all photographs or electronically produced images obtained in the process 
70.11 	of issuing drivers' licenses or Minnesota identification cards. The photographs or 
70.12 	electronically produced images shall be private data pursuant to section 13.02, subdivision 
70.13 	12. Notwithstanding section 13.04, subdivision 3, the department shall not be required to 
70.14 	provide copies of photographs or electronically produced images to data subjects. The use 
70.15 	of the files is restricted:
70.16 	(1) to the issuance and control of drivers' licenses;
70.17 	(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the 
70.18 	investigation and prosecution of crimes, service of process, enforcement of no contact 
70.19 	orders, location of missing persons, investigation and preparation of cases for criminal, 
70.20 	juvenile, and traffic court, location of individuals required to register under section 243.166 
70.21 	or 243.167, and supervision of offenders;
70.22 	(3) to public defenders, as defined in section 611.272, for the investigation and preparation 
70.23 	of cases for criminal, juvenile, and traffic courts;
70.24 	(4) to child support enforcement purposes under section 256.978; and
70.25 	(5) to a county medical examiner or coroner as required by section 390.005 as necessary 
70.26 	to fulfill the duties under sections 390.11 and 390.25.

70.27 	Sec. 2. Minnesota Statutes 2018, section 243.166, subdivision 1a, is amended to read:
70.28 		Subd. 1a.Definitions. (a) As used in this section, unless the context clearly indicates 
70.29 	otherwise, the following terms have the meanings given them.
70.30 	(b) "Bureau" means the Bureau of Criminal Apprehension.
71.1 	(c) "Corrections agent" means a county or state probation agent or other corrections 
71.2 	employee. The term also includes United States Probation and Pretrial Services System 
71.3 	employees who work with a person subject to this section.
71.4 	(c) (d) "Dwelling" means the building where the person lives under a formal or informal 
71.5 	agreement to do so. However, dwelling does not include a supervised publicly or privately 
71.6 	operated shelter or facility designed to provide temporary living accommodations for 
71.7 	homeless individuals as defined in section 116L.361, subdivision 5.
71.8 	(d) (e) "Incarceration" and "confinement" do not include electronic home monitoring.
71.9 	(e) (f) "Law enforcement authority" or "authority" means, with respect to the chief of 
71.10 	police of a home rule charter or statutory city, the chief of police, and with respect to the 
71.11 	county sheriff of an unincorporated area, the county sheriff in that county. An authority 
71.12 	must be located in Minnesota.
71.13 	(f) (g) "Motor vehicle" has the meaning given in section 169.011, subdivision 92.
71.14 	(g) (h) "Primary address" means the mailing address of the person's dwelling. If the 
71.15 	mailing address is different from the actual location of the dwelling, primary address also 
71.16 	includes the physical location of the dwelling described with as much specificity as possible.
71.17 	(h) (i) "School" includes any public or private educational institution, including any 
71.18 	secondary school, trade, or professional institution, or institution of higher education, that 
71.19 	the person is enrolled in on a full-time or part-time basis.
71.20 	(i) (j) "Secondary address" means the mailing address of any place where the person 
71.21 	regularly or occasionally stays overnight when not staying at the person's primary address. 
71.22 	If the mailing address is different from the actual location of the place, secondary address 
71.23 	also includes the physical location of the place described with as much specificity as possible. 
71.24 	However, the location of a supervised publicly or privately operated shelter or facility 
71.25 	designated to provide temporary living accommodations for homeless individuals as defined 
71.26 	in section 116L.361, subdivision 5, does not constitute a secondary address.
71.27 	(j) (k) "Treatment facility" means a residential facility, as defined in section 244.052, 
71.28 	subdivision 1, and residential chemical dependency treatment programs and halfway houses 
71.29 	licensed under chapter 245A, including, but not limited to, those facilities directly or 
71.30 	indirectly assisted by any department or agency of the United States.
71.31 	(k) (l) "Work" includes employment that is full time or part time for a period of time 
71.32 	exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar 
72.1 	year, whether financially compensated, volunteered, or for the purpose of government or 
72.2 	educational benefit.

72.3 	Sec. 3. Minnesota Statutes 2018, section 243.166, subdivision 1b, is amended to read:
72.4 		Subd. 1b.Registration required. (a) A person shall register under this section if:
72.5 	(1) the person was charged with or petitioned for a felony violation of or attempt to 
72.6 	violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
72.7 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
72.8 	of circumstances:
72.9 	(i) murder under section 609.185, paragraph (a), clause (2);
72.10 	(ii) kidnapping under section 609.25;
72.11 	(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, 
72.12 	subdivision 3; or 609.3453; or
72.13 	(iv) indecent exposure under section 617.23, subdivision 3; or
72.14 	(v) surreptitious intrusion under the circumstances described in section 609.746, 
72.15 	subdivision 1, paragraph (f);
72.16 	(2) the person was charged with or petitioned for a violation of, or attempt to violate, or 
72.17 	aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated 
72.18 	delinquent for that offense or another offense arising out of the same set of circumstances:
72.19 	(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
72.20 	(ii) false imprisonment in violation of section 609.255, subdivision 2;
72.21 	(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in 
72.22 	the sex trafficking of a minor in violation of section 609.322;
72.23 	(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
72.24 	(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, 
72.25 	subdivision 2 or 2a, clause (1);
72.26 	(vi) using a minor in a sexual performance in violation of section 617.246; or
72.27 	(vii) possessing pornographic work involving a minor in violation of section 617.247, 
72.28 	and convicted of or adjudicated delinquent for that offense or another offense arising out 
72.29 	of the same set of circumstances;
73.1 	(3) the person was sentenced as a patterned sex offender under section 609.3455, 
73.2 	subdivision 3a; or
73.3 	(4) the person was charged with or petitioned for, including pursuant to a court martial, 
73.4 	violating a law of the United States, including the Uniform Code of Military Justice, similar 
73.5 	to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent 
73.6 	for that offense or another offense arising out of the same set of circumstances.
73.7 	(b) A person also shall register under this section if:
73.8 	(1) the person was charged with or petitioned for an offense in another state that would 
73.9 	be a violation of a law described in paragraph (a) if committed in this state and convicted 
73.10 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
73.11 	of circumstances;
73.12 	(2) the person enters this state to reside, work, or attend school, or enters this state and 
73.13 	remains for 14 days or longer or for an aggregate period of time exceeding 30 days during 
73.14 	any calendar year; and
73.15 	(3) ten years have not elapsed since the person was released from confinement or, if the 
73.16 	person was not confined, since the person was convicted of or adjudicated delinquent for 
73.17 	the offense that triggers registration, unless the person is subject to a longer registration 
73.18 	period under the laws of another state in which the person has been convicted or adjudicated, 
73.19 	or is subject to lifetime registration.
73.20 	If a person described in this paragraph is subject to a longer registration period in another 
73.21 	state or is subject to lifetime registration, the person shall register for that time period 
73.22 	regardless of when the person was released from confinement, convicted, or adjudicated 
73.23 	delinquent.
73.24 	(c) A person also shall register under this section if the person was committed pursuant 
73.25 	to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 
73.26 	253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the 
73.27 	United States, regardless of whether the person was convicted of any offense.
73.28 	(d) A person also shall register under this section if:
73.29 	(1) the person was charged with or petitioned for a felony violation or attempt to violate 
73.30 	any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or 
73.31 	the United States, or the person was charged with or petitioned for a violation of any of the 
73.32 	offenses listed in paragraph (a), clause (2), or a similar law of another state or the United 
73.33 	States;
74.1 	(2) the person was found not guilty by reason of mental illness or mental deficiency 
74.2 	after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
74.3 	states with a guilty but mentally ill verdict; and
74.4 	(3) the person was committed pursuant to a court commitment order under section 
74.5 	253B.18 or a similar law of another state or the United States.

74.6 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
74.7 	committed on or after that date. For calendar year 2019, only days spent in the state on or 
74.8 	after August 1, 2019, may be counted toward the 30-day aggregate period in paragraph (b), 
74.9 	clause (2).

74.10 	Sec. 4. Minnesota Statutes 2018, section 243.166, subdivision 2, is amended to read:
74.11 		Subd. 2.Notice. When a person who is required to register under subdivision 1b, 
74.12 	paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the 
74.13 	court shall tell the person of the duty to register under this section and that, if the person 
74.14 	fails to comply with the registration requirements, information about the offender may be 
74.15 	made available to the public through electronic, computerized, or other accessible means. 
74.16 	The court may not modify the person's duty to register in the pronounced sentence or 
74.17 	disposition order. The court shall require the person to read and sign a form stating that the 
74.18 	duty of the person to register under this section has been explained. The court shall forward
74.19 	make available the signed sex offender registration court notification form, the complaint, 
74.20 	and sentencing documents to the bureau. If a person required to register under subdivision 
74.21 	1b, paragraph (a), was not notified by the court of the registration requirement at the time 
74.22 	of sentencing or disposition, the assigned corrections agent shall notify the person of the 
74.23 	requirements of this section. If a person required to register under subdivision 1b, paragraph 
74.24 	(a), was not notified by the court of the registration requirement at the time of sentencing 
74.25 	or disposition and does not have a corrections agent, the law enforcement authority with 
74.26 	jurisdiction over the person's primary address shall notify the person of the requirements.
74.27 	When a person who is required to register under subdivision 1b, paragraph (c) or (d), is 
74.28 	released from commitment, the treatment facility shall notify the person of the requirements 
74.29 	of this section. The treatment facility shall also obtain the registration information required 
74.30 	under this section and forward it to the bureau.

74.31 	Sec. 5. Minnesota Statutes 2018, section 243.166, subdivision 4, is amended to read:
74.32 		Subd. 4.Contents of registration. (a) The registration provided to the corrections agent 
74.33 	or law enforcement authority, must consist of a statement in writing signed by the person, 
75.1 	giving information required by the bureau, fingerprints, biological specimen for DNA 
75.2 	analysis as defined under section 299C.155, subdivision 1, and photograph of the person 
75.3 	taken at the time of the person's release from incarceration or, if the person was not 
75.4 	incarcerated, at the time the person initially registered under this section. The registration 
75.5 	information also must include a written consent form signed by the person allowing a 
75.6 	treatment facility or residential housing unit or shelter to release information to a law 
75.7 	enforcement officer about the person's admission to, or residence in, a treatment facility or 
75.8 	residential housing unit or shelter. Registration information on adults and juveniles may be 
75.9 	maintained together notwithstanding section 260B.171, subdivision 3.
75.10 	(b) For persons required to register under subdivision 1b, paragraph (c), following 
75.11 	commitment pursuant to a court commitment under Minnesota Statutes 2012, section 
75.12 	253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of 
75.13 	another state or the United States, in addition to other information required by this section, 
75.14 	the registration provided to the corrections agent or law enforcement authority must include 
75.15 	the person's offense history and documentation of treatment received during the person's 
75.16 	commitment. This documentation is limited to a statement of how far the person progressed 
75.17 	in treatment during commitment.
75.18 	(c) Within three days of receipt, the corrections agent or law enforcement authority shall 
75.19 	forward the registration information to the bureau. The bureau shall ascertain whether the 
75.20 	person has registered with the law enforcement authority in the area of the person's primary 
75.21 	address, if any, or if the person lacks a primary address, where the person is staying, as 
75.22 	required by subdivision 3a. If the person has not registered with the law enforcement 
75.23 	authority, the bureau shall send one copy to notify that authority.
75.24 	(d) The corrections agent or law enforcement authority may require that a person required 
75.25 	to register under this section appear before the agent or authority to be photographed. The 
75.26 	agent or authority shall forward submit the photograph to the bureau.
75.27 	(1) Except as provided in clause (2), the agent or authority may photograph any offender 
75.28 	at a time and frequency chosen by the agent or authority.
75.29 	(2) The requirements of this paragraph shall not apply during any period where the 
75.30 	person to be photographed is: (i) committed to the commissioner of corrections and 
75.31 	incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the 
75.32 	commissioner of human services and receiving treatment in a secure treatment facility.
75.33 	(e) During the period a person is required to register under this section, the following 
75.34 	provisions apply:
76.1 	(1) Except for persons registering under subdivision 3a, the bureau shall mail a 
76.2 	verification form to the person's last reported primary address. This verification form must 
76.3 	provide notice to the offender that, if the offender does not return the verification form as 
76.4 	required, information about the offender may be made available to the public through 
76.5 	electronic, computerized, or other accessible means. For persons who are registered under 
76.6 	subdivision 3a, the bureau shall mail an annual verification form to the law enforcement 
76.7 	authority where the offender most recently reported. The authority shall provide the 
76.8 	verification form to the person at the next weekly meeting and ensure that the person 
76.9 	completes and signs the form and returns it to the bureau. Notice is sufficient under this 
76.10 	paragraph, if the verification form is sent by first class mail to the person's last reported 
76.11 	primary address, or for persons registered under subdivision 3a, to the law enforcement 
76.12 	authority where the offender most recently reported.
76.13 	(2) The person shall mail the signed verification form back to the bureau within ten days 
76.14 	after receipt of the form, stating on the form the current and last address of the person's 
76.15 	residence and the other information required under subdivision 4a.
76.16 	(3) In addition to the requirements listed in this section, an offender who is no longer 
76.17 	under correctional supervision for a registration offense, or a failure to register offense, but 
76.18 	who resides, works, or attends school in Minnesota, shall have an in-person contact with a 
76.19 	law enforcement authority as provided in this section. If the person resides in Minnesota, 
76.20 	the in-person contact shall be with the law enforcement authority that has jurisdiction over 
76.21 	the person's primary address or, if the person has no address, the location where the person 
76.22 	is staying. If the person does not reside in Minnesota but works or attends school in this 
76.23 	state, the person shall have an in-person contact with the law enforcement authority or 
76.24 	authorities with jurisdiction over the person's school or workplace. During the month of the 
76.25 	person's birth date, the person shall report to the authority to verify the accuracy of the 
76.26 	registration information and to be photographed. Within three days of this contact, the 
76.27 	authority shall enter information as required by the bureau into the predatory offender 
76.28 	registration database and submit an updated photograph of the person to the bureau's 
76.29 	predatory offender registration unit.
76.30 	(4) If the person fails to mail the completed and signed verification form to the bureau 
76.31 	within ten days after receipt of the form, or if the person fails to report to the law enforcement 
76.32 	authority during the month of the person's birth date, the person is in violation of this section.
76.33 	(5) For any person who fails to mail the completed and signed verification form to the 
76.34 	bureau within ten days after receipt of the form and who has been determined to be subject 
76.35 	to community notification pursuant to section 253D.32 or is a risk level III offender under 
77.1 	section 244.052, the bureau shall immediately investigate and notify local law enforcement 
77.2 	authorities to investigate the person's location and to ensure compliance with this section. 
77.3 	The bureau also shall immediately give notice of the person's violation of this section to the 
77.4 	law enforcement authority having jurisdiction over the person's last registered primary
77.5 	address or addresses.
77.6 	For persons required to register under subdivision 1b, paragraph (c), following 
77.7 	commitment pursuant to a court commitment under Minnesota Statutes 2012, section 
77.8 	253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of 
77.9 	another state or the United States, the bureau shall comply with clause (1) at least fourtwo 
77.10 	times each year. For persons who, under section 244.052, are assigned to risk level III and 
77.11 	who are no longer under correctional supervision for a registration offense or a failure to 
77.12 	register offense, the bureau shall comply with clause (1) at least two times each year. For 
77.13 	all other persons required to register under this section, the bureau shall comply with clause 
77.14 	(1) each year within 30 days of the anniversary date of the person's initial registration.
77.15 	(f) When sending out a verification form, the bureau shall determine whether the person 
77.16 	to whom the verification form is being sent has signed a written consent form as provided 
77.17 	for in paragraph (a). If the person has not signed such a consent form, the bureau shall send 
77.18 	a written consent form to the person along with the verification form. A person who receives 
77.19 	this written consent form shall sign and return it to the bureau at the same time as the 
77.20 	verification form. For persons registered under this section on the effective date of this 
77.21 	section, each person, on or before one year from that date, must provide a biological specimen 
77.22 	for the purpose of DNA analysis to the probation agency or law enforcement authority 
77.23 	where that person is registered. A person who provides or has provided a biological specimen 
77.24 	for the purpose of DNA analysis under chapter 299C or section 609.117 meets the 
77.25 	requirements of this paragraph.
77.26 	(g) For persons registered under this section on the effective date of this section, each 
77.27 	person, on or before one year from that date, must provide fingerprints to the probation 
77.28 	agency or law enforcement authority where that person is registered.

77.29 	Sec. 6. Minnesota Statutes 2018, section 243.166, subdivision 4a, is amended to read:
77.30 		Subd. 4a.Information required to be provided. (a) A person required to register under 
77.31 	this section shall provide to the corrections agent or law enforcement authority the following 
77.32 	information:
77.33 	(1) the person's primary address;
78.1 	(2) all of the person's secondary addresses in Minnesota, including all addresses used 
78.2 	for residential or recreational purposes;
78.3 	(3) the addresses of all Minnesota property owned, leased, or rented by the person;
78.4 	(4) the addresses of all locations where the person is employed;
78.5 	(5) the addresses of all schools where the person is enrolled; and
78.6 	(6) the year, model, make, license plate number, and color of all motor vehicles owned 
78.7 	or regularly driven by the person.;
78.8 	(7) the expiration year for the motor vehicle license plate tabs of all motor vehicles 
78.9 	owned by the person; and
78.10 	(8) all telephone numbers including work, school, and home and any cellular telephone 
78.11 	service.
78.12 	(b) The person shall report to the agent or authority the information required to be 
78.13 	provided under paragraph (a), clauses (2) to (6) (8), within five days of the date the clause 
78.14 	becomes applicable. If because of a change in circumstances any information reported under 
78.15 	paragraph (a), clauses (1) to (6) (8), no longer applies, the person shall immediately inform 
78.16 	the agent or authority that the information is no longer valid. If the person leaves a primary 
78.17 	address and does not have a new primary address, the person shall register as provided in 
78.18 	subdivision 3a.

78.19 	Sec. 7. Minnesota Statutes 2018, section 243.166, subdivision 4b, is amended to read:
78.20 		Subd. 4b.Health care facility; notice of status. (a) For the purposes of this subdivision,:
78.21 	(1) "health care facility" means a facility:
78.22 	(1) (i) licensed by the commissioner of health as a hospital, boarding care home or 
78.23 	supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter 
78.24 	144A;
78.25 	(2) (ii) registered by the commissioner of health as a housing with services establishment 
78.26 	as defined in section 144D.01; or
78.27 	(3) (iii) licensed by the commissioner of human services as a residential facility under 
78.28 	chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency 
78.29 	treatment to adults, or residential services to persons with disabilities.; and
78.30 	(2) "home care provider" has the meaning given in section 144A.43.
79.1 	(b) Prior to admission to a health care facility or home care services from a home care 
79.2 	provider, a person required to register under this section shall disclose to:
79.3 	(1) the health care facility employee or the home care provider processing the admission 
79.4 	the person's status as a registered predatory offender under this section; and
79.5 	(2) the person's corrections agent, or if the person does not have an assigned corrections 
79.6 	agent, the law enforcement authority with whom the person is currently required to register, 
79.7 	that inpatient admission will occur.
79.8 	(c) A law enforcement authority or corrections agent who receives notice under paragraph 
79.9 	(b) or who knows that a person required to register under this section is planning to be 
79.10 	admitted and receive, or has been admitted and is receiving health care at a health care 
79.11 	facility or home care services from a home care provider, shall notify the administrator of 
79.12 	the facility or the home care provider and deliver a fact sheet to the administrator or provider 
79.13 	containing the following information: (1) name and physical description of the offender; 
79.14 	(2) the offender's conviction history, including the dates of conviction; (3) the risk level 
79.15 	classification assigned to the offender under section 244.052, if any; and (4) the profile of 
79.16 	likely victims.
79.17 	(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility 
79.18 	receives a fact sheet under paragraph (c) that includes a risk level classification for the 
79.19 	offender, and if the facility admits the offender, the facility shall distribute the fact sheet to 
79.20 	all residents at the facility. If the facility determines that distribution to a resident is not 
79.21 	appropriate given the resident's medical, emotional, or mental status, the facility shall 
79.22 	distribute the fact sheet to the patient's next of kin or emergency contact.
79.23 	(e) If a home care provider receives a fact sheet under paragraph (c) that includes a risk 
79.24 	level classification for the offender, the provider shall distribute the fact sheet to any 
79.25 	individual who will provide direct services to the offender before the individual begins to 
79.26 	provide the service.

79.27 	Sec. 8. Minnesota Statutes 2018, section 243.166, subdivision 4c, is amended to read:
79.28 		Subd. 4c.Notices in writing; signed. All notices required by this section must be in 
79.29 	writing and signed by the person required to register. For purposes of this section, a signature 
79.30 	is as defined in section 645.44, subdivision 14, by an electronic method established by the 
79.31 	bureau, or by use of a biometric for the person. If a biometric is used, the person must 
79.32 	provide a sample that is forwarded to the bureau so that it can be maintained for comparison 
80.1 	purposes to verify the person's identity. The bureau shall determine the signature methods 
80.2 	available for use and post this determination on the bureau's website.

80.3 	Sec. 9. Minnesota Statutes 2018, section 243.166, subdivision 5, is amended to read:
80.4 		Subd. 5.Criminal penalty. (a) A person required to register under this section who was 
80.5 	given notice, knows, or reasonably should know of the duty to register and who:
80.6 	(1) knowingly commits an act or fails to fulfill a requirement that violates any of its 
80.7 	provisions provision of this section; or
80.8 	(2) intentionally provides false information to a corrections agent, law enforcement 
80.9 	authority, or the bureau is guilty of a felony and may be sentenced to imprisonment for not 
80.10 	more than five years or to payment of a fine of not more than $10,000, or both.
80.11 	(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a) 
80.12 	shall be committed to the custody of the commissioner of corrections for not less than a 
80.13 	year and a day, nor more than five years.
80.14 	(c) A person convicted of violating paragraph (a), who has previously been convicted 
80.15 	of or adjudicated delinquent for violating this section or a similar statute of another state or 
80.16 	the United States, shall be committed to the custody of the commissioner of corrections for 
80.17 	not less than two years, nor more than five years.
80.18 	(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person 
80.19 	sentenced without regard to the mandatory minimum sentence established by this subdivision. 
80.20 	The motion must be accompanied by a statement on the record of the reasons for it. When 
80.21 	presented with the motion, or on its own motion, the court may sentence the person without 
80.22 	regard to the mandatory minimum sentence if the court finds substantial and compelling 
80.23 	reasons to do so. Sentencing a person in the manner described in this paragraph is a departure 
80.24 	from the Sentencing Guidelines.
80.25 	(e) A person convicted and sentenced as required by this subdivision is not eligible for 
80.26 	probation, parole, discharge, work release, conditional release, or supervised release, until 
80.27 	that person has served the full term of imprisonment as provided by law, notwithstanding 
80.28 	the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

80.29 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
80.30 	committed on or after that date.

81.1 	Sec. 10. Minnesota Statutes 2018, section 243.166, subdivision 7, is amended to read:
81.2 		Subd. 7.Use of data. (a) Except as otherwise provided in subdivision 4b or 7a or sections 
81.3 	244.052 and 299C.093, the data provided under this section is private data on individuals 
81.4 	under section 13.02, subdivision 12.
81.5 	(b) The data may be used only by law enforcement and corrections agencies for law 
81.6 	enforcement and corrections purposes. Law enforcement or a corrections agent may disclose 
81.7 	the status of an individual as a predatory offender to a child protection worker with a local 
81.8 	welfare agency for purposes of doing a family assessment under section 626.556. A 
81.9 	corrections agent may also disclose the status of an individual as a predatory offender to 
81.10 	comply with section 244.057.
81.11 	(c) The commissioner of human services is authorized to have access to the data for:
81.12 	(1) state-operated services, as defined in section 246.014, for the purposes described in 
81.13 	section 246.13, subdivision 2, paragraph (b); and
81.14 	(2) purposes of completing background studies under chapter 245C.

81.15 	Sec. 11. Minnesota Statutes 2018, section 244.052, subdivision 4, is amended to read:
81.16 		Subd. 4.Law enforcement agency; disclosure of information to public. (a) The law 
81.17 	enforcement agency in the area where the predatory offender resides, expects to reside, is 
81.18 	employed, or is regularly found, shall disclose to the public any information regarding the 
81.19 	offender contained in the report forwarded to the agency under subdivision 3, paragraph 
81.20 	(f), that is relevant and necessary to protect the public and to counteract the offender's 
81.21 	dangerousness, consistent with the guidelines in paragraph (b). The extent of the information 
81.22 	disclosed and the community to whom disclosure is made must relate to the level of danger 
81.23 	posed by the offender, to the offender's pattern of offending behavior, and to the need of 
81.24 	community members for information to enhance their individual and collective safety.
81.25 	(b) The law enforcement agency shall employ the following guidelines in determining 
81.26 	the scope of disclosure made under this subdivision:
81.27 	(1) if the offender is assigned to risk level I, the agency may maintain information 
81.28 	regarding the offender within the agency and may disclose it to other law enforcement 
81.29 	agencies. Additionally, the agency may disclose the information to any victims of or 
81.30 	witnesses to the offense committed by the offender. The agency shall disclose the information 
81.31 	to victims of the offense committed by the offender who have requested disclosure and to 
81.32 	adult members of the offender's immediate household;
82.1 	(2) if the offender is assigned to risk level II, the agency also may disclose the information 
82.2 	to agencies and groups that the offender is likely to encounter for the purpose of securing 
82.3 	those institutions and protecting individuals in their care while they are on or near the 
82.4 	premises of the institution. These agencies and groups include the staff members of public 
82.5 	and private educational institutions, day care establishments, and establishments and 
82.6 	organizations that primarily serve individuals likely to be victimized by the offender. The 
82.7 	agency also may disclose the information to individuals the agency believes are likely to 
82.8 	be victimized by the offender. The agency's belief shall be based on the offender's pattern 
82.9 	of offending or victim preference as documented in the information provided by the 
82.10 	department of corrections or human services;
82.11 	(3) if the offender is assigned to risk level III, the agency shall disclose the information 
82.12 	to the persons and entities described in clauses (1) and (2) and to other members of the 
82.13 	community whom the offender is likely to encounter, unless the law enforcement agency 
82.14 	determines that public safety would be compromised by the disclosure or that a more limited 
82.15 	disclosure is necessary to protect the identity of the victim.
82.16 	Notwithstanding the assignment of a predatory offender to risk level II or III, a law 
82.17 	enforcement agency may not make the disclosures permitted or required by clause (2) or 
82.18 	(3), if: the offender is placed or resides in a residential facility. However, if an offender is 
82.19 	placed or resides in a residential facility, the offender and the head of the facility shall 
82.20 	designate the offender's likely residence upon release from the facility and the head of the 
82.21 	facility shall notify the commissioner of corrections or the commissioner of human services 
82.22 	of the offender's likely residence at least 14 days before the offender's scheduled release 
82.23 	date. The commissioner shall give this information to the law enforcement agency having 
82.24 	jurisdiction over the offender's likely residence. The head of the residential facility also 
82.25 	shall notify the commissioner of corrections or human services within 48 hours after 
82.26 	finalizing the offender's approved relocation plan to a permanent residence. Within five 
82.27 	days after receiving this notification, the appropriate commissioner shall give to the 
82.28 	appropriate law enforcement agency all relevant information the commissioner has 
82.29 	concerning the offender, including information on the risk factors in the offender's history 
82.30 	and the risk level to which the offender was assigned. After receiving this information, the 
82.31 	law enforcement agency shall make the disclosures permitted or required by clause (2) or 
82.32 	(3), as appropriate.
82.33 	(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
82.34 	(1) the organizations or community members are in a location or in close proximity to 
82.35 	a location where the offender lives or is employed, or which the offender visits or is likely 
83.1 	to visit on a regular basis, other than the location of the offender's outpatient treatment 
83.2 	program; and
83.3 	(2) the types of interaction which ordinarily occur at that location and other circumstances 
83.4 	indicate that contact with the offender is reasonably certain.
83.5 	(d) A law enforcement agency or official who discloses information under this subdivision 
83.6 	shall make a good faith effort to make the notification within 14 days of receipt of a 
83.7 	confirmed address from the Department of Corrections indicating that the offender will be, 
83.8 	or has been, released from confinement, or accepted for supervision, or has moved to a new 
83.9 	address and will reside at the address indicated. If a change occurs in the release plan, this 
83.10 	notification provision does not require an extension of the release date.
83.11 	(e) A law enforcement agency or official who discloses information under this subdivision 
83.12 	shall not disclose the identity or any identifying characteristics of the victims of or witnesses 
83.13 	to the offender's offenses.
83.14 	(f) A law enforcement agency shall continue to disclose information on an offender as 
83.15 	required by this subdivision for as long as the offender is required to register under section 
83.16 	243.166. This requirement on a law enforcement agency to continue to disclose information 
83.17 	also applies to an offender who lacks a primary address and is registering under section 
83.18 	243.166, subdivision 3a.
83.19 	(g) A law enforcement agency that is disclosing information on an offender assigned to 
83.20 	risk level III to the public under this subdivision shall inform the commissioner of corrections 
83.21 	what information is being disclosed and forward this information to the commissioner within 
83.22 	two days of the agency's determination. The commissioner shall post this information on 
83.23 	the Internet as required in subdivision 4b.
83.24 	(h) A city council may adopt a policy that addresses when information disclosed under 
83.25 	this subdivision must be presented in languages in addition to English. The policy may 
83.26 	address when information must be presented orally, in writing, or both in additional languages 
83.27 	by the law enforcement agency disclosing the information. The policy may provide for 
83.28 	different approaches based on the prevalence of non-English languages in different 
83.29 	neighborhoods.
83.30 	(i) An offender who is the subject of a community notification meeting held pursuant 
83.31 	to this section may not attend the meeting.
83.32 	(j) When a school, day care facility, or other entity or program that primarily educates 
83.33 	or serves children receives notice under paragraph (b), clause (3), that a level III predatory 
84.1 	offender resides or works in the surrounding community, notice to parents must be made 
84.2 	as provided in this paragraph. If the predatory offender identified in the notice is participating 
84.3 	in programs offered by the facility that require or allow the person to interact with children 
84.4 	other than the person's children, the principal or head of the entity must notify parents with 
84.5 	children at the facility of the contents of the notice received pursuant to this section. The 
84.6 	immunity provisions of subdivision 7 apply to persons disclosing information under this 
84.7 	paragraph.
84.8 	(k) When an offender for whom notification was made under this subdivision no longer 
84.9 	resides, is employed, or is regularly found in the area, and the law enforcement agency that 
84.10 	made the notification is aware of this, the agency shall inform the entities and individuals 
84.11 	initially notified of the change in the offender's status. If notification was made under 
84.12 	paragraph (b), clause (3), the agency shall provide the updated information required under 
84.13 	this paragraph in a manner designed to ensure a similar scope of dissemination. However, 
84.14 	the agency is not required to hold a public meeting to do so.

84.15 	Sec. 12. Minnesota Statutes 2018, section 299C.093, is amended to read:
84.16 	299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
84.17 	The superintendent of the Bureau of Criminal Apprehension shall maintain a 
84.18 	computerized data system relating to individuals required to register as predatory offenders 
84.19 	under section 243.166. To the degree feasible, the system must include the data required to 
84.20 	be provided under section 243.166, subdivisions 4, 4a, and 4a 4b, and indicate the time 
84.21 	period that the person is required to register. The superintendent shall maintain this data in 
84.22 	a manner that ensures that it is readily available to law enforcement agencies. This data is 
84.23 	private data on individuals under section 13.02, subdivision 12, but may be used for law 
84.24 	enforcement and corrections purposes. Law enforcement or a corrections agent may disclose 
84.25 	the status of an individual as a predatory offender to a child protection worker with a local 
84.26 	welfare agency for purposes of doing a family assessment under section 626.556. A 
84.27 	corrections agent may also disclose the status of an individual as a predatory offender to 
84.28 	comply with section 244.057. The commissioner of human services has access to the data 
84.29 	for state-operated services, as defined in section 246.014, for the purposes described in 
84.30 	section 246.13, subdivision 2, paragraph (b), and for purposes of conducting background 
84.31 	studies under chapter 245C.

85.1 	ARTICLE 6
85.2 	VEHICLE OPERATIONS

85.3 	Section 1. Minnesota Statutes 2018, section 84.91, subdivision 1, is amended to read:
85.4 		Subdivision 1.Acts prohibited. (a) No owner or other person having charge or control 
85.5 	of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person 
85.6 	knows or has reason to believe is under the influence of alcohol or a controlled substance 
85.7 	or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state 
85.8 	or on the ice of any boundary water of this state.
85.9 	(b) No owner or other person having charge or control of any snowmobile or all-terrain 
85.10 	vehicle shall knowingly authorize or permit any person, who by reason of any physical or 
85.11 	mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain 
85.12 	vehicle anywhere in this state or on the ice of any boundary water of this state.
85.13 	(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle 
85.14 	anywhere in this state or on the ice of any boundary water of this state is subject to chapter 
85.15 	169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted 
85.16 	of violating section 169A.20 or an ordinance in conformity with it, or who refuses to comply 
85.17 	with a lawful request to submit to testing or fails a test lawfully administered under sections 
85.18 	169A.50 to 169A.53 or 171.177, or an ordinance in conformity with it any of these sections, 
85.19 	shall be is prohibited from operating a snowmobile or all-terrain vehicle for a period of one 
85.20 	year. The commissioner shall notify the person of the time period during which the person 
85.21 	is prohibited from operating a snowmobile or all-terrain vehicle.
85.22 	(d) Administrative and judicial review of the operating privileges prohibition is governed 
85.23 	by section 169A.53 or 171.177.
85.24 	(e) The court shall promptly forward to the commissioner and the Department of Public 
85.25 	Safety copies of all convictions and criminal and civil sanctions imposed under:
85.26 	(1) this section;
85.27 	(2) chapter 169 relating to snowmobiles and all-terrain vehicles;
85.28 	(3) chapter 169A; and
85.29 	(4) section 171.177.
85.30 	(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either 
85.31 	of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain 
86.1 	vehicle during the time period the person is prohibited from operating a vehicle under 
86.2 	paragraph (c) is guilty of a misdemeanor.

86.3 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to violations 
86.4 	committed on or after that date.

86.5 	Sec. 2. Minnesota Statutes 2018, section 86B.331, subdivision 1, is amended to read:
86.6 		Subdivision 1.Acts prohibited. (a) An owner or other person having charge or control 
86.7 	of a motorboat may not authorize or allow an individual the person knows or has reason to 
86.8 	believe is under the influence of alcohol or a controlled or other substance to operate the 
86.9 	motorboat in operation on the waters of this state.
86.10 	(b) An owner or other person having charge or control of a motorboat may not knowingly 
86.11 	authorize or allow a person, who by reason of a physical or mental disability is incapable 
86.12 	of operating the motorboat, to operate the motorboat in operation on the waters of this state.
86.13 	(c) A person who operates or is in physical control of a motorboat on the waters of this 
86.14 	state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A, 
86.15 	a person who is convicted of violating section 169A.20or an ordinance in conformity with 
86.16 	it, or who fails a test lawfully administered under sections 169A.50 to 169A.53 or 17l.177, 
86.17 	or an ordinance in conformity with it any of these sections, shall be is prohibited from 
86.18 	operating a motorboat on the waters of this state for a period of 90 days between May 1 and 
86.19 	October 31, extending over two consecutive years if necessary. If the person refuses to 
86.20 	comply with a lawful demand to submit to testing under sections 169A.50 to 169A.53 or 
86.21 	171.177, or an ordinance in conformity with it any of these sections, the person shall be is
86.22 	prohibited from operating a motorboat for a period of one year. The commissioner shall 
86.23 	notify the person of the period during which the person is prohibited from operating a 
86.24 	motorboat.
86.25 	(d) Administrative and judicial review of the operating privileges prohibition is governed 
86.26 	by section 169A.53 or 171.177.
86.27 	(e) The court shall promptly forward to the commissioner and the Department of Public 
86.28 	Safety copies of all convictions and criminal and civil sanctions imposed under: (1) this 
86.29 	section; (2) chapter 169 relating to motorboats; (3) chapter 169A; and (4) section 171.177.
86.30 	(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either 
86.31 	of them, is guilty of a misdemeanor.
87.1 	(g) For purposes of this subdivision, a motorboat "in operation" does not include a 
87.2 	motorboat that is anchored, beached, or securely fastened to a dock or other permanent 
87.3 	mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

87.4 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to violations 
87.5 	committed on or after that date.

87.6 	Sec. 3. Minnesota Statutes 2018, section 169A.24, subdivision 1, is amended to read:
87.7 		Subdivision 1.Degree described. A person who violates section 169A.20 (driving while 
87.8 	impaired) is guilty of first-degree driving while impaired if the person:
87.9 	(1) commits the violation within ten years of the first of three or more qualified prior 
87.10 	impaired driving incidents;
87.11 	(2) has previously been convicted of a felony under this section; or
87.12 	(3) has previously been convicted of a felony under:
87.13 	(i) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury, 
87.14 	substance-related offenses), subdivision 1, clauses (2) to (6);
87.15 	(ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury, 
87.16 	substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to 
87.17 	(6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4, 
87.18 	clauses (2) to (6); or
87.19 	(iii) section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses 
87.20 	(2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114, 
87.21 	subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2) to (6).; or
87.22 	(iv) a statute from this state or another state in conformity with any provision listed in 
87.23 	item (i), (ii), or (iii).

87.24 	EFFECTIVE DATE. This section is effective August 1, 2019, and applies to crimes 
87.25 	committed on or after that date.

87.26 	Sec. 4. Minnesota Statutes 2018, section 169A.63, is amended by adding a subdivision to 
87.27 	read:
87.28 		Subd. 13.Exception. (a) If the driver who committed a designated offense or whose 
87.29 	conduct resulted in a designated license revocation becomes a program participant in the 
87.30 	ignition interlock program under section 171.306 at any time before the motor vehicle is 
87.31 	forfeited, the forfeiture proceeding is stayed and the vehicle must be returned.
88.1 	(b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph 
88.2 	(a) may be seized and the forfeiture action may proceed under this section if the program 
88.3 	participant described in paragraph (a):
88.4 	(1) subsequently operates a motor vehicle:
88.5 	(i) to commit a violation of section 169A.20 (driving while impaired);
88.6 	(ii) in a manner that results in a license revocation under section 169A.52 (license 
88.7 	revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license 
88.8 	disqualification under section 171.165 (commercial driver's license disqualification) resulting 
88.9 	from a violation of section 169A.52 or 171.177;
88.10 	(iii) after tampering with, circumventing, or bypassing an ignition interlock device; or
88.11 	(iv) without an ignition interlock device; or
88.12 	(2) either voluntarily or involuntarily ceases to participate in the program for more than 
88.13 	30 days, or fails to successfully complete it as required by the Department of Public Safety 
88.14 	due to:
88.15 	(i) two or more occasions of the participant's driving privileges being withdrawn for 
88.16 	violating the terms of the program, unless the withdrawal is determined to be caused by an 
88.17 	error of the department or the interlock provider; or
88.18 	(ii) violating the terms of the contract with the provider as determined by the provider.
88.19 	(c) Paragraph (b) applies only if the described conduct occurs before the participant has 
88.20 	been restored to full driving privileges or within three years of the original designated offense 
88.21 	or designated license revocation, whichever occurs latest.
88.22 	(d) The requirement in subdivision 2, paragraph (b), that device manufacturers provide 
88.23 	a discounted rate to indigent program participants applies also to device installation under 
88.24 	this subdivision.
88.25 	(e) An impound or law enforcement storage lot operator must allow an ignition interlock 
88.26 	manufacturer sufficient access to the lot to install an ignition interlock device under this 
88.27 	subdivision.
88.28 	(f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required 
88.29 	to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have 
88.30 	been paid by the vehicle owner.
88.31 	(g) At any time prior to the vehicle being forfeited, the appropriate agency may require 
88.32 	that the owner or driver of the vehicle give security or post bond payable to the appropriate 
89.1 	agency in an amount equal to the retail value of the seized vehicle. If this occurs, any future 
89.2 	forfeiture action against the vehicle must instead proceed against the security as if it were 
89.3 	the vehicle.
89.4 	(h) The appropriate agency may require an owner or driver to give security  or post bond 
89.5 	payable to the agency in an amount equal to the retail value of the vehicle, prior to releasing 
89.6 	the vehicle from the impound lot to install an ignition interlock device.
89.7 	(i) If an event described in paragraph (b) occurs in a jurisdiction other than the one in 
89.8 	which the original forfeitable event occurred, and the vehicle is subsequently forfeited, the 
89.9 	proceeds shall be divided equally, after payment of seizure, towing, storage, forfeiture, and 
89.10 	sale expenses and satisfaction of valid liens against the vehicle, among the appropriate 
89.11 	agencies and prosecuting authorities in each jurisdiction.
89.12 	(j) Upon successful completion of the program, the stayed forfeiture proceeding is 
89.13 	terminated or dismissed and any vehicle, security, or bond held by an agency must be 
89.14 	returned to the owner of the vehicle.
89.15 	(k) A claimant of a vehicle for which a forfeiture action was stayed under paragraph (a) 
89.16 	but which later proceeds under paragraph (b), may file a demand for judicial forfeiture as 
89.17 	provided in subdivision 8, in which case the forfeiture proceedings must be conducted as 
89.18 	provided in subdivision 9.

89.19 	Sec. 5. [171.2405] LICENSE REINSTATEMENT DIVERSION PROGRAM.
89.20 		Subdivision 1.Establishment. (a) A city or county may establish a license reinstatement 
89.21 	diversion program for holders of class D drivers' licenses who have been charged with 
89.22 	violating section 171.24, subdivision 1 or 2. An individual charged with driving after 
89.23 	revocation under section 171.24, subdivision 2, is eligible for diversion only if the revocation 
89.24 	was due to a violation of section 169.791; 169.797; 169A.52; 169A.54; 171.17, subdivision 
89.25 	1, paragraph (a), clause (6); or 171.177. An individual who is a holder of a commercial 
89.26 	driver's license or who has committed an offense in a commercial motor vehicle is not 
89.27 	eligible to participate in the diversion program. Nothing in this section authorizes the issuance 
89.28 	of a driver's license to a diversion program participant during the underlying suspension or 
89.29 	revocation period at issue in the violation of section 171.24, subdivision 1 or 2.
89.30 	(b) Notwithstanding any law or ordinance to the contrary, a city or county may contract 
89.31 	with a third party to create and administer the diversion program under this section. Any 
89.32 	participating city or county, at its own expense, may request an audit of the administrator.
90.1 	(c) For purposes of this section, "administrator" means the city, county, or administrator 
90.2 	of the program.
90.3 		Subd. 2.Diversion of an individual. (a) A prosecutor for a participating city or county 
90.4 	may determine whether to accept an individual for diversion. When making the determination, 
90.5 	the prosecutor must consider:
90.6 	(1) whether the individual has a record of driving without a valid license or other criminal 
90.7 	record, or has previously participated in a diversion program;
90.8 	(2) the strength of the evidence against the individual, along with any mitigating factors; 
90.9 	and
90.10 	(3) the apparent ability and willingness of the individual to participate in the diversion 
90.11 	program and comply with program requirements.
90.12 	(b) A city or county attorney may request that an individual be reviewed for a diversion 
90.13 	program without a formal city or county diversion program being established. The city or 
90.14 	county attorney must follow the requirements of subdivisions 1 and 2 and may submit the 
90.15 	individual's application to an administrator for processing in collaboration with DVS to 
90.16 	determine if an individual is eligible for approval into the diversion program. The participant 
90.17 	must meet the requirements in subdivision 4.
90.18 	(c) A judge may submit a request for an individual to apply for entry into a diversion 
90.19 	program under subdivisions 1 and 2. The participant must meet the requirements in 
90.20 	subdivision 4.
90.21 		Subd. 3.Diversion driver's license. (a) Notwithstanding any law to the contrary, the 
90.22 	commissioner may issue a diversion driver's license to a person who is a participant in a 
90.23 	diversion program, after receiving an application and payment of:
90.24 	(1) the reinstatement fee under section 171.20, subdivision 4, by a participant whose 
90.25 	driver's license has been suspended;
90.26 	(2) the reinstatement fee under section 171.29, subdivision 2, paragraph (a), by a 
90.27 	participant whose driver's license has been revoked under section 169.791; 169.797; or 
90.28 	171.17, subdivision 1, paragraph (a), clause (6); or
90.29 	(3) the reinstatement fee under section 171.29, subdivision 2, paragraph (a), by a 
90.30 	participant whose driver's license has been revoked under section 169A.52, 169A.54, or 
90.31 	171.177. The reinstatement fee and surcharge under section 171.29, subdivision 2, paragraph 
90.32 	(b), must also be paid during the course of and as a condition of the diversion program.
91.1 	(b) The commissioner may impose restrictions on a diversion driver's license that are 
91.2 	suitable to the licensee's driving ability or applicable to the licensee as the commissioner 
91.3 	deems appropriate to ensure the safe operation of a motor vehicle by the licensee. The 
91.4 	participant must follow all requirements of this section, the requirements set out by DVS 
91.5 	and court restrictions.
91.6 	(c) Payments made by participants in the diversion program of the reinstatement fee and 
91.7 	surcharge under section 171.29, subdivision 2, paragraph (b), must be applied first toward 
91.8 	payment of the reinstatement fee and, after the reinstatement fee has been fully paid, toward 
91.9 	payment of the surcharge. Each payment that is applied toward the reinstatement fee must 
91.10 	be credited as provided in section 171.29, subdivision 2, paragraph (b), and each payment 
91.11 	that is applied toward the surcharge must be credited as provided in section 171.29, 
91.12 	subdivision 2, paragraphs (c) and (d). After the reinstatement fee and surcharge are satisfied, 
91.13 	the participant must pay the program participation fee.
91.14 	(d) Notwithstanding any law to the contrary, a diversion driver's license issued to a 
91.15 	participant in the program must not be revoked or suspended for convictions entered due 
91.16 	to payments made under subdivision 4.
91.17 		Subd. 4.Program components. (a) At a minimum, the diversion program must require 
91.18 	individuals to:
91.19 	(1) successfully attend and complete, at the individual's expense, educational classes 
91.20 	that provide, among other things, information on driver's licensure;
91.21 	(2) pay to the administrator, under a schedule approved by the prosecutor, all required 
91.22 	related fees, fines, and charges, including applicable statutory license reinstatement fees 
91.23 	and costs of participation in the program;
91.24 	(3) comply with all traffic laws; and
91.25 	(4) demonstrate compliance with motor vehicle insurance requirements.
91.26 	(b) Individuals whose underlying citations cost less than $250 shall receive a 60 percent 
91.27 	discount on the diversion program fee. Individuals whose underlying citations cost $250 to 
91.28 	$500 shall receive a 40 percent discount on the diversion program fee.
91.29 		Subd. 5.Termination of participation; reinstatement of driver's license. (a) An 
91.30 	individual's participation in the diversion program must be terminated if:
91.31 	(1) the individual is found guilty of a moving traffic violation;
91.32 	(2) the individual fails to provide proof of vehicle insurance; or
92.1 	(3) the administrator of the diversion program informs the commissioner that the 
92.2 	individual is no longer satisfying the conditions of the diversion program.
92.3 	(b) The commissioner must cancel an individual's diversion driver's license upon receiving 
92.4 	notice from the administrator that the individual is not complying with the requirements of 
92.5 	the program.
92.6 	(c) The original charge against the individual of a violation of section 171.24 may be 
92.7 	reinstated against an individual whose participation in the diversion program terminates 
92.8 	under paragraph (a), clause (1) or (2).
92.9 	(d) If an individual satisfies all requirements of the diversion program, including, at a 
92.10 	minimum, satisfactory fulfillment of the components under subdivision 4, the administrator 
92.11 	must inform the court, the prosecutor, and the commissioner of the individual's satisfactory 
92.12 	completion of the diversion program.
92.13 	(e) Upon receiving notice under paragraph (d), the commissioner must reinstate the 
92.14 	individual's driver's license.
92.15 	(f) Upon receiving notice under paragraph (d), the court must dismiss the charge or the 
92.16 	prosecutor must decline to prosecute the individual.
92.17 		Subd. 6.Fees held on termination of participant. (a) Upon termination of the participant 
92.18 	in the program under subdivision 5, where there are any held funds and only after the 
92.19 	administrator has made payouts on citations and fees, the third-party administrator shall 
92.20 	hold remaining participant fees for 12 months from the date of termination under subdivision 
92.21 	5, paragraph (a), clause (1) or (2).
92.22 	(b) A participant who meets DVS requirements to re-enter the diversion program may 
92.23 	use held funds to pay fees to be reinstated into the program.
92.24 	(c) After 12 months, the administrator shall retain the funds for the work performed 
92.25 	during the participant's enrollment period, prior to the participant's termination date in the 
92.26 	diversion program.
92.27 		Subd. 7.Biennial report. (a) By February 1 of each even-numbered year, the 
92.28 	administrator must report on each city and county that participated in the diversion program 
92.29 	and provide a report to each participating city and county, the commissioner, and the 
92.30 	legislative committees with jurisdiction over transportation and the judiciary concerning 
92.31 	the results of the program. The report must be made available electronically and, upon 
92.32 	request, in print. The report must include, without limitation, the effect of the program on:
92.33 	(1) recidivism rates for participants in the diversion program;
93.1 	(2) the number of participants who successfully completed the program;
93.2 	(3) the amount charged to individuals for program fees;
93.3 	(4) payment of the fees and fines collected in the diversion program to cities, counties, 
93.4 	and the state;
93.5 	(5) the total amount of money collected from participants in the program;
93.6 	(6) the total amount of money, by category, paid or applied to reinstatement;
93.7 	(7) educational support provided to participants in the diversion program;
93.8 	(8) the total number of participants in the diversion program;
93.9 	(9) the total number of participants terminated from the program under subdivision 5, 
93.10 	paragraph (a), clauses (1) to (3);
93.11 	(10) the reimbursement policy for all payments listed under clause (4); and
93.12 	(11) the amount of all payments listed under clause (4) retained from participants who 
93.13 	were terminated from the program.
93.14 	(b) The report must include all recommendations made by cities or counties regarding 
93.15 	the future of the program and any necessary or suggested legislative changes.

93.16 	EFFECTIVE DATE. This section is effective July 1, 2019. A city or county participating 
93.17 	in the diversion program may accept an individual into the program until June 30, 2019. 
93.18 	The third party administering the diversion program may collect and disperse fees collected 
93.19 	pursuant to Minnesota Statutes, section 171.2405, subdivision 6, paragraph (a), clause (2), 
93.20 	through June 30, 2019.

93.21 	Sec. 6. Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended by Laws 
93.22 	2010, chapter 197, section 1, Laws 2011, chapter 87, section 1, subdivision 9, Laws 2013, 
93.23 	chapter 127, section 60, and Laws 2017, chapter 95, article 3, section 29, is amended to 
93.24 	read:
93.25 		Subd. 9.Sunset; transition.  A city or county participating in this pilot program may 
93.26 	accept an individual for diversion into the pilot program until June 30, 2019. and the third 
93.27 	party administering the diversion program may collect and disburse fees collected pursuant 
93.28 	to subdivision 6, paragraph (a), clause (2), through December 31, 2020 until the day following 
93.29 	the date the permanent diversion program established under Minnesota Statutes, section 
93.30 	171.2405, is effective, at which time the pilot program under this section expires. An 
93.31 	individual participating in but who has not completed the pilot program on the date the pilot 
94.1 	program expires is automatically transferred and enrolled in the permanent diversion program 
94.2 	under Minnesota Statutes, section 171.2405, and credited for any fees paid or activities 
94.3 	completed under the pilot program.

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

94.5 	ARTICLE 7
94.6 	FIREFIGHTERS

94.7 	Section 1. Minnesota Statutes 2018, section 299N.01, subdivision 2, is amended to read:
94.8 		Subd. 2.Fire department. "Fire department" means a regularly organized fire 
94.9 	department, fire protection district, or fire company, as defined in the State Fire Code adopted 
94.10 	under section 326B.02, subdivision 6, regularly charged with the responsibility of providing 
94.11 	fire protection to the state or a local government and includes a private nonprofit fire 
94.12 	department directly serving a local government. It does not include industrial fire brigades
94.13 	that do not have a fire department identification number issued by the state fire marshal.

94.14 	Sec. 2. Minnesota Statutes 2018, section 299N.01, subdivision 3, is amended to read:
94.15 		Subd. 3.Firefighter. "Firefighter" means a volunteer, paid on-call, part-time, or career
94.16 	full-time firefighter serving a general population within the boundaries of the state.

94.17 	Sec. 3. Minnesota Statutes 2018, section 299N.02, subdivision 1, is amended to read:
94.18 		Subdivision 1.Membership. Notwithstanding any provision of chapter 15 to the contrary, 
94.19 	the Board of Firefighter Training and Education consists of the following members:
94.20 	(1) five members representing the Minnesota State Fire Department Association, four 
94.21 	of whom must be volunteer firefighters and one of whom may be a career full-time firefighter, 
94.22 	appointed by the governor;
94.23 	(2) two members representing the Minnesota State Fire Chiefs Association, one of whom 
94.24 	must be a volunteer fire chief, appointed by the governor;
94.25 	(3) two members representing the Minnesota Professional Firefighters Association, 
94.26 	appointed by the governor;
94.27 	(4) two members representing Minnesota home rule charter and statutory cities, appointed 
94.28 	by the governor;
94.29 	(5) two members representing Minnesota towns, appointed by the governor;
94.30 	(6) the commissioner of public safety or the commissioner's designee; and
95.1 	(7) one public member not affiliated or associated with any member or interest represented 
95.2 	in clauses (1) to (6), appointed by the governor.
95.3 	The Minnesota State Fire Department Association shall recommend five persons to be the 
95.4 	members described in clause (1), the Minnesota State Fire Chiefs Association shall 
95.5 	recommend two persons to be the members described in clause (2), the Minnesota 
95.6 	Professional Firefighters Association shall recommend two persons to be the members 
95.7 	described in clause (3), the League of Minnesota Cities shall recommend two persons to be 
95.8 	the members described in clause (4), and the Minnesota Association of Townships shall 
95.9 	recommend two persons to be the members described in clause (5). In making the 
95.10 	appointments the governor shall try to achieve representation from all geographic areas of 
95.11 	the state.

95.12 	Sec. 4. Minnesota Statutes 2018, section 299N.02, subdivision 2, is amended to read:
95.13 		Subd. 2.Terms; chair; compensation. Members of the board shall serve for terms of 
95.14 	four years and annually biennially elect a chair from among the members. Terms and filling 
95.15 	of vacancies are subject to section 15.0575, subdivisions 2, 4, and 5. Members serve without 
95.16 	compensation.

95.17 	Sec. 5. Minnesota Statutes 2018, section 299N.02, subdivision 3, is amended to read:
95.18 		Subd. 3.Powers and duties. (a) The board shall:
95.19 	(1) review fire service training needs and make recommendations on training to Minnesota 
95.20 	fire service organizations;
95.21 	(2) establish standards for educational programs for the fire service and develop 
95.22 	procedures for continuing oversight of the programs;
95.23 	(3) establish qualifications for fire service training instructors in programs established 
95.24 	under clause (2); and
95.25 	(4) maintain a list of instructors that have met the qualifications established under clause 
95.26 	(3), subject to application procedures and requirements established by the board; and
95.27 	(4) (5) license full-time firefighters and volunteer firefighters under this chapter.
95.28 	(b) The board may:
95.29 	(1) hire or contract for technical or professional services according to section 15.061;
95.30 	(2) pay expenses necessary to carry out its duties;
96.1 	(3) apply for, receive, and accept grants, gifts, devises, and endowments that any entity 
96.2 	may make to the board for the purposes of this chapter and may use any money given to it 
96.3 	consistent with the terms and conditions under which the money was received and for the 
96.4 	purposes stated;
96.5 	(4) accept funding from the fire safety account and allocate funding to Minnesota fire 
96.6 	departments in the form of reimbursements that are consistent with the board's 
96.7 	recommendations and the Department of Public Safety firefighter training;
96.8 	(5) set guidelines regarding how the allocated reimbursement funds must be disbursed;
96.9 	(6) set and make available to the fire service standards governing the use of funds 
96.10 	reimbursed under this section;
96.11 	(4) (7) make recommendations to the legislature to improve the quality of firefighter 
96.12 	training;
96.13 	(5) (8) collect and provide data, subject to section 13.03;
96.14 	(6) (9) conduct studies and surveys and make reports; and
96.15 	(7) (10) conduct other activities necessary to carry out its duties.

96.16 	Sec. 6. Minnesota Statutes 2018, section 299N.03, subdivision 4, is amended to read:
96.17 		Subd. 4.Fire department. "Fire department" has the meaning given it in section 
96.18 	299F.092, subdivision 6. For purposes of sections 299N.04 and 299N.05, fire department 
96.19 	also includes a division of a state agency, regularly charged with the responsibility of 
96.20 	providing fire protection to the state or a local government, to include a private, nonprofit 
96.21 	fire department directly serving a local government, but does not include an industrial fire 
96.22 	brigade brigades that do not have a fire department identification number issued by the state 
96.23 	fire marshal.

96.24 	Sec. 7. Minnesota Statutes 2018, section 299N.03, subdivision 5, is amended to read:
96.25 		Subd. 5.Full-time firefighter. A "full-time firefighter" means a person who is employed 
96.26 	and charged with the prevention and or suppression of fires within the boundaries of the 
96.27 	state on a full-time, salaried basis and who is directly engaged in the hazards of firefighting 
96.28 	or is in charge of a designated fire company or companies, as defined in section 299N.01, 
96.29 	subdivision 2, that are directly engaged in the hazards of firefighting. Full-time firefighter 
96.30 	does not include a volunteer, part-time, or paid-on-call firefighter.

97.1 	Sec. 8. Minnesota Statutes 2018, section 299N.03, subdivision 6, is amended to read:
97.2 		Subd. 6.Licensed firefighter. "Licensed firefighter" means a full-time firefighter, to 
97.3 	include a fire department employee, member, supervisor, state employee, or appointed 
97.4 	official, who is licensed by the board and charged with the prevention or suppression of 
97.5 	fires within the boundaries of the state. Licensed firefighter may also include a volunteer 
97.6 	firefighter.

97.7 	Sec. 9. Minnesota Statutes 2018, section 299N.03, is amended by adding a subdivision to 
97.8 	read:
97.9 		Subd. 8.NFPA 1001 standard. "NFPA 1001 standard" means the standard for firefighter 
97.10 	professional qualifications established by the National Fire Protection Association.

97.11 	Sec. 10. Minnesota Statutes 2018, section 299N.04, is amended to read:
97.12 	299N.04 FIREFIGHTER CERTIFICATION EXAMINATION.
97.13 		Subdivision 1.Certification Examination; requirements. (a) The board must appoint 
97.14 	an organization that is accredited by the International Fire Service Accreditation Congress 
97.15 	to prepare and administer firefighter certification examinations. Firefighter certification 
97.16 	examinations shall must be designed to ensure and demonstrate competency in at least the 
97.17 	following areas: that meets the NFPA 1001 standard or a national standard in areas including 
97.18 	but not limited to:
97.19 	(1) fire prevention;
97.20 	(2) fire suppression; and
97.21 	(3) hazardous materials operations.
97.22 	(b) To receive a certificate, an individual must demonstrate competency in fire prevention 
97.23 	and fire suppression.
97.24 	(b) Certification must be obtained by the individual demonstrating competency in fire 
97.25 	prevention and protection under the NFPA 1001 standard.
97.26 	(c) Nothing in this section shall be construed to prohibit any requirement imposed by a 
97.27 	local fire department for more comprehensive training.
97.28 		Subd. 2.Eligibility for certification examination. Except as provided in subdivision 
97.29 	3, any person may take the firefighter certification examination who has successfully 
97.30 	completed the following:
98.1 	(1)(i) a firefighter course from a postsecondary educational institution, an accredited 
98.2 	institution of higher learning, or another entity that teaches a course that has been approved 
98.3 	by the board; or (ii) an apprenticeship or cadet program maintained by a Minnesota fire 
98.4 	department employing the person that has been approved by the board; and
98.5 	(2) a skills-oriented basic training course.
98.6 		Subd. 3.Certain baccalaureate or associate degree holders eligible to take 
98.7 	certification examination. A person with a baccalaureate degree or an associate degree in 
98.8 	applied fire science technology from an accredited college or university, who has successfully 
98.9 	completed the skills-oriented basic training course under subdivision 2, clause (2), is eligible 
98.10 	to take the firefighter certification examination notwithstanding the requirements of 
98.11 	subdivision 2, clause (1).

98.12 	Sec. 11. Minnesota Statutes 2018, section 299N.05, subdivision 1, is amended to read:
98.13 		Subdivision 1.Licensure requirement. A firefighter employed full time by a fire 
98.14 	department is not eligible for permanent employment without being licensed by the board.
98.15 	and meeting the following requirements:
98.16 	(1) the firefighter successfully completes a firefighter examination under section 299N.04 
98.17 	or completes the examination while serving a probationary period, if any, as determined by 
98.18 	the hiring authority; and
98.19 	(2) the chief firefighting officer or the chief designee completes the employment 
98.20 	verification portion of the licensing process.

98.21 	Sec. 12. Minnesota Statutes 2018, section 299N.05, subdivision 2, is amended to read:
98.22 		Subd. 2.Optional licensing. A volunteer firefighter affiliated with a department may 
98.23 	receive or apply for licensure under this section subdivision 1 and section 299N.04 under 
98.24 	the same terms as full-time firefighters.

98.25 	Sec. 13. Minnesota Statutes 2018, section 299N.05, subdivision 5, is amended to read:
98.26 		Subd. 5.Obtaining a firefighter license. To obtain a license, a firefighter must be 
98.27 	affiliated with a fire department, complete the board application process, and meet the 
98.28 	requirements of this section or section 299N.04 or 299N.06. A license is valid for a three-year 
98.29 	period determined by the board, and the fee for the license is $75. Fees under this subdivision 
98.30 	may be prorated by the board for licenses issued with a three-year licensure period.

99.1 	Sec. 14. Minnesota Statutes 2018, section 299N.05, subdivision 6, is amended to read:
99.2 		Subd. 6.License renewal; expiration and reinstatement. (a) A license shall must be 
99.3 	renewed so long as if the firefighter and the chief firefighting officer provide evidence to 
99.4 	the board that the licensed firefighter has had 72 hours of approved firefighting training in 
99.5 	the preceding three years and the firefighter completes the renewal application. The fee for 
99.6 	renewing a firefighter license is $75, and the license is valid for an additional three years.
99.7 	or chief designee completes the renewal application and:
99.8 	(1) attests to the board that the licensed firefighter has met the required 72 hours of 
99.9 	approved firefighter training in the preceding three years;
99.10 	(2) upon request, provides evidence the licensed firefighter completed the required 72 
99.11 	hours of approved firefighter training in the preceding three years;
99.12 	(3) verifies that the licensed firefighter is actively serving on a department; and
99.13 	(4) attests that the licensed firefighter has not been convicted of or pled guilty or nolo 
99.14 	contendere to a felony, any arson-related charge, or another offense arising from the same 
99.15 	set of circumstances.
99.16 	(b) The fee to renew a firefighter license is $75. The license is valid for an additional 
99.17 	three-year period, unless submitted within the triennial period. Fees under this subdivision 
99.18 	may be prorated by the board for licenses reinstated or renewed within the three-year 
99.19 	licensure period.
99.20 	(b) (c) If a license expires, a firefighter may apply to have it reinstated. In order to receive 
99.21 	reinstatement, the firefighter must:
99.22 	(1) complete a reinstatement application;
99.23 	(2) satisfy all prior firefighter training requirements listed in paragraph (a);
99.24 	(3) pay any outstanding renewal fees; and
99.25 	(4) pay the delayed renewal fee set by the board.
99.26 	(c) (d) In lieu of a reinstatement application under paragraph (b) (c), a firefighter may 
99.27 	complete a new application for licensure under section 299N.04.

99.28 	Sec. 15. Minnesota Statutes 2018, section 299N.05, subdivision 7, is amended to read:
99.29 		Subd. 7.Duties of chief firefighting officer. (a) Every chief firefighting officer has a 
99.30 	duty to ensure that every full-time firefighter has a license issued by the board.
100.1 	(b) Every chief firefighting officer or designee has the duty to verify that every full-time 
100.2 	and volunteer individual applying, reinstating, or renewing a license is affiliated with a 
100.3 	Minnesota fire department.
100.4 	(b) (c) Every chief firefighting officer, provider, and individual licensee has a duty to 
100.5 	ensure proper training records and reports are retained. Records must include, for the 
100.6 	three-year period subsequent to the license renewal date:
100.7 	(1) the dates, subjects, and duration of programs;
100.8 	(2) sponsoring organizations;
100.9 	(3) fire training hours earned;
100.10 	(4) registration receipts to prove attendance at training sessions; and
100.11 	(5) other pertinent information.
100.12 	(c) (d) The board may require a licensee, provider, or fire department to provide the 
100.13 	information under paragraph (b) (c) to demonstrate compliance with the 72-hour firefighting 
100.14 	training requirement under subdivision 6, paragraph (a).

100.15 	Sec. 16. Minnesota Statutes 2018, section 299N.05, subdivision 9, is amended to read:
100.16 		Subd. 9.Fees; appropriation. Fees collected under this section must be deposited in 
100.17 	the state treasury and credited to a special account and are appropriated to the board to pay 
100.18 	costs incurred under this section and sections 299N.04and 299N.05 and 299N.06.

100.19 	Sec. 17. Minnesota Statutes 2018, section 299N.06, is amended to read:
100.20 	299N.06 ELIGIBILITY FOR RECIPROCITY AND EXAMINATION BASED ON 
100.21 	RELEVANT MILITARY EXPERIENCE.
100.22 		Subdivision 1.Reciprocity license requirements for out-of-state certified applicants. A 
100.23 	person may apply for licensure if the person (1) becomes employed by or becomes an active 
100.24 	member of a fire department, (2) has the appropriately certified accreditation by the 
100.25 	International Fire Service Accreditation Congress or Pro Board, and (3) has met the 
100.26 	requirements of section 299N.04.
100.27 		Subd. 2.Examination based on relevant military experience. (a) For purposes of this 
100.28 	section:
100.29 	(1) "active service" has the meaning given in section 190.05, subdivision 5; and
100.30 	(2) "relevant military experience" means:
101.1 	(i) four years' cumulative service experience in a military firefighting occupational 
101.2 	specialty;
101.3 	(ii) two years' cumulative service experience in a military firefighting occupational 
101.4 	specialty, and completion of at least a two-year degree from a regionally accredited 
101.5 	postsecondary education institution; or
101.6 	(iii) four years' cumulative experience as a full-time firefighter in another state combined 
101.7 	with cumulative service experience in a military firefighting occupational specialty.
101.8 	(b) A person is eligible to take the reciprocity a firefighter examination and does not 
101.9 	have to otherwise meet the requirements of section 299N.04, subdivisions 2 and 3, if the 
101.10 	person has:
101.11 	(1) relevant military experience; and
101.12 	(2) been honorably discharged from military active service as evidenced by the most 
101.13 	recent form DD-214 or is currently in active service, as evidenced by:
101.14 	(i) active duty orders providing service time in a military firefighting specialty;
101.15 	(ii) a United States Department of Defense Manpower Data Center status report pursuant 
101.16 	to the Service Members Civil Relief Act, active duty status report; or
101.17 	(iii) Military Personnel Center assignment information.
101.18 	(c) A person who passed the examination under paragraph (b), clause (2), shall not be 
101.19 	eligible to be licensed as a firefighter until honorably discharged as evidenced by the most 
101.20 	recent form DD-214.
101.21 	(d) To receive a firefighter license, a person who passed the reciprocity certification a 
101.22 	firefighter examination must meet the requirements of section 299N.05, subdivision 4.

APPENDIX 

Repealed Minnesota Statutes: 19-5228 

13.72 TRANSPORTATION DEPARTMENT DATA.Subd. 9.Rideshare data. 
The following data on participants, collected by the Minnesota Department of Transportation and the Metropolitan Council to administer rideshare programs, are classified as private under section 13.02, subdivision 12: residential address and telephone number; beginning and ending work hours; current mode of commuting to and from work; and type of rideshare service information requested.