HF 750

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to appropriations; appropriating money to 
  1.3             fund corrections, public safety, courts, and other 
  1.4             agencies; establishing, funding, modifying, or 
  1.5             regulating certain corrections, public safety, court, 
  1.6             and other criminal justice programs, policies, duties, 
  1.7             activities, or practices; making technical, 
  1.8             conforming, and clarifying changes; providing criminal 
  1.9             penalties; setting fines, surcharges, and fees; 
  1.10            amending Minnesota Statutes 2002, sections 8.06; 
  1.11            152.021, subdivisions 2a, 3; 169A.03, subdivision 21, 
  1.12            by adding a subdivision; 169A.20, subdivision 2; 
  1.13            169A.25, subdivision 1; 169A.26, subdivision 1; 
  1.14            169A.27, subdivision 1; 169A.275, subdivisions 3, 4, 
  1.15            by adding a subdivision; 169A.40, subdivision 3; 
  1.16            169A.44; 169A.51, subdivision 5; 169A.53, subdivision 
  1.17            3; 169A.54, subdivision 6; 169A.60, subdivisions 8, 
  1.18            13; 241.016, subdivision 1; 243.49; 243.53, 
  1.19            subdivision 1; 260B.105, subdivisions 1, 2; 260B.125, 
  1.20            subdivision 8; 260B.130, subdivision 1; 260B.141, 
  1.21            subdivision 4; 260B.143, subdivision 1; 260B.193, 
  1.22            subdivision 5; 260C.163, subdivision 5; 270A.03, 
  1.23            subdivision 5; 299C.05; 299C.06; 299C.10, subdivision 
  1.24            4, by adding a subdivision; 299C.48; 299F.46, 
  1.25            subdivision 1, by adding subdivisions; 299M.01, by 
  1.26            adding subdivisions; 299M.03, by adding subdivisions; 
  1.27            299M.04; 299M.11, subdivisions 1, 2; 357.021, 
  1.28            subdivisions 2, 6, 7; 357.022; 357.08; 363.073, by 
  1.29            adding a subdivision; 546.27; 550.36; 590.05; 609.055, 
  1.30            subdivision 2; 609.101, subdivision 4; 609.105, 
  1.31            subdivision 1, by adding subdivisions; 609.115, 
  1.32            subdivision 1; 609.119; 609.135, subdivisions 1, 2; 
  1.33            609.185; 609.322, by adding a subdivision; 609.324; 
  1.34            609.3241; 609.527, subdivision 3; 609.66, subdivisions 
  1.35            1, 1a, by adding a subdivision; 609.68; 609.681; 
  1.36            609.748, subdivisions 3, 4, 5; 611.14; 611.17; 611.18; 
  1.37            611.25, subdivision 1; 611.26, subdivision 6; 611.272; 
  1.38            629.471, by adding a subdivision; 641.14; 641.263, by 
  1.39            adding subdivisions; proposing coding for new law in 
  1.40            Minnesota Statutes, chapters 169A; 243; 244; 299A; 
  1.41            299F; 641; proposing coding for new law as Minnesota 
  1.42            Statutes, chapter 545A; repealing Minnesota Statutes 
  1.43            2002, sections 123B.73; 152.135, subdivision 4; 
  1.44            241.41; 241.42; 241.43; 241.44; 241.441; 241.45; 
  1.45            244.19, subdivision 3a; 626A.17; Laws 2002, chapter 
  1.46            220, article 6, section 6. 
  2.1   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.2                              ARTICLE 1 
  2.3                            APPROPRIATIONS 
  2.4   Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.5      The sums shown in the columns marked "APPROPRIATIONS" are 
  2.6   appropriated from the general fund, or another named fund, to 
  2.7   the agencies and for the purposes specified in this act, to be 
  2.8   available for the fiscal years indicated for each purpose.  The 
  2.9   figures "2003," "2004," and "2005," where used in this act, mean 
  2.10  that the appropriation or appropriations listed under them are 
  2.11  available for the year ending June 30, 2003, June 30, 2004, or 
  2.12  June 30, 2005, respectively.  The term "first year" means the 
  2.13  fiscal year ending June 30, 2004, and the term "second year" 
  2.14  means the fiscal year ending June 30, 2005. 
  2.15                          SUMMARY BY FUND
  2.16               2003       2004          2005           TOTAL
  2.17  General    $35,000  $ 707,878,000  $ 730,822,000 $1,438,735,000 
  2.18  State Government       
  2.19  Special Revenue             7,000          7,000         14,000 
  2.20  Environmental 
  2.21  Fund                       49,000         49,000         98,000 
  2.22  Special Revenue    
  2.23  Fund                    5,578,000      5,578,000     11,156,000 
  2.24  Trunk 
  2.25  Highway                   361,000        361,000        722,000 
  2.26  TOTAL      $35,000  $ 713,873,000  $ 736,817,000 $1,450,725,000
  2.27                                             APPROPRIATIONS 
  2.28                                         Available for the Year 
  2.29                                             Ending June 30 
  2.30                                            2004         2005 
  2.31  Sec. 2.   SUPREME COURT               37,548,000     35,182,000
  2.32  [LEGAL SERVICES TO LOW-INCOME CLIENTS 
  2.33  IN FAMILY LAW MATTERS.] Of this 
  2.34  appropriation, $877,000 each year is to 
  2.35  improve the access of low-income 
  2.36  clients to legal representation in 
  2.37  family law matters.  This appropriation 
  2.38  must be distributed under Minnesota 
  2.39  Statutes, section 480.242, to the 
  2.40  qualified legal services programs 
  2.41  described in Minnesota Statutes, 
  2.42  section 480.242, subdivision 2, 
  2.43  paragraph (a).  Any unencumbered 
  2.44  balance remaining in the first year 
  2.45  does not cancel and is available in the 
  2.46  second year. 
  3.1   [CIVIL LEGAL SERVICES REDUCTION.] The 
  3.2   budget for civil legal services must be 
  3.3   reduced by $1,572,000 each year.  The 
  3.4   base budget for civil legal services is 
  3.5   reduced accordingly. 
  3.6   [COURT REPORTER; SOFTWARE AND EQUIPMENT 
  3.7   FUNDING.] The supreme court 
  3.8   administrator may appropriate funds to 
  3.9   court reporters to fund periodic 
  3.10  computer software and equipment 
  3.11  upgrades to ensure the accuracy and 
  3.12  integrity of court records. 
  3.13  Sec. 3.   COURT OF APPEALS             7,936,000      7,978,000
  3.14  Sec. 4.   DISTRICT COURTS            176,960,000    198,307,000
  3.15  Sec. 5.   TAX COURT                      726,000        726,000
  3.16  Sec. 6.   UNIFORM LAWS 
  3.17  COMMISSION                                38,000         39,000
  3.18  Sec. 7.   BOARD ON     
  3.19  JUDICIAL STANDARDS                       252,000        252,000
  3.20  Sec. 8.   BOARD OF PUBLIC
  3.21  DEFENSE                               50,763,000     50,764,000
  3.22  Sec. 9.  PUBLIC SAFETY 
  3.23  Subdivision 1.  Total 
  3.24  Appropriation                         70,137,000     70,152,000
  3.25                          Summary by Fund
  3.26                            2004          2005 
  3.27  General              69,085,000    69,100,000
  3.28  Special Revenue         635,000       635,000
  3.29  State Government 
  3.30  Special Revenue           7,000         7,000
  3.31  Environmental            49,000        49,000
  3.32  Trunk Highway           361,000       361,000
  3.33  [APPROPRIATIONS FOR PROGRAMS.] The 
  3.34  amounts that may be spent from this 
  3.35  appropriation for each program are 
  3.36  specified in the following subdivisions.
  3.37  Subd. 2.  Emergency 
  3.38  Management                            3,716,000      3,717,000
  3.39                Summary by Fund
  3.40  General               3,667,000     3,668,000
  3.41  Environmental            49,000        49,000
  3.42  [EQUIPMENT; CHEMICAL ASSESSMENT TEAMS; 
  3.43  DULUTH.] The commissioner may not 
  3.44  relocate or reassign to another 
  3.45  location or chemical assessment team 
  3.46  the equipment currently housed or 
  3.47  stored in or around Duluth and intended 
  3.48  for use by the chemical assessment 
  3.49  teams responsible for responding to 
  4.1   incidents in and around Duluth. 
  4.2   [NONPROFIT AND FAITH-BASED 
  4.3   ORGANIZATIONS; ANTI-TERRORISM GRANTS.] 
  4.4   Notwithstanding any law to the 
  4.5   contrary, nonprofit and faith-based 
  4.6   organizations may apply for and receive 
  4.7   any funds or grants, whether federal or 
  4.8   state, made available for 
  4.9   anti-terrorism efforts that are not 
  4.10  distributed or encumbered for 
  4.11  distribution to public safety entities 
  4.12  within a year of receipt by the 
  4.13  department of public safety.  These 
  4.14  organizations must be considered under 
  4.15  the same criteria applicable to any 
  4.16  other eligible entity and must be given 
  4.17  equal consideration. 
  4.18  Subd. 3.  Criminal 
  4.19  Apprehension                         36,629,000     36,814,000
  4.20                Summary by Fund
  4.21  General              35,626,000    35,811,000
  4.22  Special Revenue         635,000       635,000
  4.23  State Government 
  4.24  Special Revenue           7,000         7,000
  4.25  Trunk Highway           361,000       361,000
  4.26  [COOPERATIVE INVESTIGATION OF 
  4.27  CROSS-JURISDICTIONAL CRIMINAL 
  4.28  ACTIVITY.] $135,000 each year from the 
  4.29  bureau of criminal apprehension account 
  4.30  in the special revenue fund is for 
  4.31  grants to local officials for the 
  4.32  cooperative investigation of 
  4.33  cross-jurisdictional criminal 
  4.34  activity.  Any unencumbered balance 
  4.35  remaining in the first year does not 
  4.36  cancel but is available for the second 
  4.37  year. 
  4.38  [LABORATORY ACTIVITIES.] $500,000 the 
  4.39  first year and $500,000 the second year 
  4.40  from the bureau of criminal 
  4.41  apprehension account in the special 
  4.42  revenue fund are appropriated for 
  4.43  laboratory activities. 
  4.44  [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 
  4.45  Notwithstanding Minnesota Statutes, 
  4.46  section 161.20, subdivision 3, $361,000 
  4.47  the first year and $361,000 the second 
  4.48  year are appropriated from the trunk 
  4.49  highway fund for laboratory analysis 
  4.50  related to driving while impaired cases.
  4.51  [CRIMNET.] The commissioner of public 
  4.52  safety shall develop a plan for using 
  4.53  the base funds appropriated for the 
  4.54  CriMNet policy group, the CriMNet 
  4.55  backbone, and CriMNet suspense file 
  4.56  reductions to further completion of the 
  4.57  CriMNet program.  The commissioner 
  4.58  shall consult with the criminal and 
  4.59  juvenile justice information policy 
  4.60  group and other interested parties on 
  5.1   the development of this plan. 
  5.2   Subd. 4. Fire Marshal                 2,427,000      2,441,000 
  5.3   Subd. 5.  Alcohol and 
  5.4   Gambling Enforcement                  1,622,000      1,622,000 
  5.5   Subd. 6.  Crime Victims Services
  5.6   Center                               21,939,000     21,939,000 
  5.7   Subd. 7.  Law Enforcement and 
  5.8   Community Grants                      3,804,000      3,619,000 
  5.9   The base for this program shall be 
  5.10  $3,554,000 for fiscal year 2006 and 
  5.11  $3,549,000 for fiscal year 2007. 
  5.12  [METH LAB CONTAINMENT TEAMS.] $240,000 
  5.13  the first year and $60,000 the second 
  5.14  year are for grants under Minnesota 
  5.15  Statutes, section 299A.55.  These are 
  5.16  onetime appropriations. 
  5.17  [JUVENILE ASSESSMENT ACCOUNT.] The 
  5.18  balance of the funds in the juvenile 
  5.19  assessment account in the special 
  5.20  revenue fund is transferred to the 
  5.21  general fund on July 1, 2003. 
  5.22  [ADMINISTRATION COSTS.] Up to 2.5 
  5.23  percent of the grant funds appropriated 
  5.24  in this subdivision may be used to 
  5.25  administer the grant programs. 
  5.26  Sec. 10.  PEACE OFFICERS STANDARDS
  5.27  BOARD (POST)                          3,943,000      3,943,000
  5.28  This appropriation is from the peace 
  5.29  officers training account in the 
  5.30  special revenue fund.  Any receipts 
  5.31  credited to that account in the first 
  5.32  year in excess of $3,943,000 must be 
  5.33  transferred and credited to the general 
  5.34  fund.  Any receipts credited to that 
  5.35  account in the second year in excess of 
  5.36  $3,943,000 must be transferred and 
  5.37  credited to the general fund. 
  5.38  Sec. 11.  PRIVATE DETECTIVE BOARD        126,000        126,000
  5.39  Sec. 12.  HUMAN RIGHTS                 3,580,000      3,550,000
  5.40  Sec. 13.  CORRECTIONS                                          
  5.41  Subdivision 1.  Total 
  5.42  Appropriation                        360,658,000    365,362,000
  5.43                          Summary by Fund
  5.44  General Fund        359,658,000    364,362,000
  5.45  Special Revenue       1,000,000      1,000,000
  5.46  The amounts that may be spent from this 
  5.47  appropriation for each program are 
  5.48  specified in the following subdivisions.
  5.49  [FEASIBILITY OF DOUBLE BUNKING AT LOCAL 
  5.50  JAILS.] The commissioner of corrections 
  5.51  must work with the Minnesota Sheriff's 
  5.52  Association, the Association of 
  6.1   Minnesota Counties, and Community 
  6.2   Corrections Act counties to review 
  6.3   capacities at local jail facilities and 
  6.4   to determine the feasibility of 
  6.5   increasing capacity by double bunking 
  6.6   inmates. 
  6.7   Subd. 2.  Correctional 
  6.8   Institutions                         237,309,000    240,926,000 
  6.9                           Summary by Fund 
  6.10  General Fund        236,679,000    240,296,000 
  6.11  Special Revenue         630,000        630,000 
  6.12  [CONTRACT FOR BEDS AT RUSH CITY.] If 
  6.13  the commissioner contracts with other 
  6.14  states, local units of government, or 
  6.15  the federal government to rent beds in 
  6.16  the Rush City correctional facility, 
  6.17  the commissioner shall charge a per 
  6.18  diem under the contract, to the extent 
  6.19  possible, that is equal to or greater 
  6.20  than the per diem cost of housing 
  6.21  Minnesota inmates in the facility.  The 
  6.22  per diem cost for housing inmates of 
  6.23  other states, local units of 
  6.24  government, or the federal government 
  6.25  at this facility shall be based on the 
  6.26  assumption that the facility is at or 
  6.27  near capacity.  
  6.28  The commissioner may use the per diem 
  6.29  appropriation, up to $300,000, for the 
  6.30  pre-design of the renovation and 1,161 
  6.31  bed expansion at the Minnesota 
  6.32  Correctional Facility-Faribault.  The 
  6.33  commissioner of corrections, in 
  6.34  consultation with the commissioner of 
  6.35  administration, must issue a request 
  6.36  for information by August 1, 2003, for 
  6.37  one or more vendors regarding the cost 
  6.38  of expansion, renovation, and the 
  6.39  operation of the Minnesota correctional 
  6.40  facility-Faribault or the construction 
  6.41  and operation of a medium custody, 
  6.42  stand alone facility with approximately 
  6.43  1,000 beds.  By January 15, 2004, the 
  6.44  commissioner of corrections shall 
  6.45  report to the chairs and ranking 
  6.46  members of the legislative committees 
  6.47  having jurisdiction over corrections 
  6.48  and capital investment on cost 
  6.49  comparisons of the request for 
  6.50  information and the pre-design.  
  6.51  Notwithstanding any laws to the 
  6.52  contrary, the commissioner may use the 
  6.53  remaining per diem appropriation to 
  6.54  operate the state correctional system. 
  6.55  Subd. 3.  Juvenile Services           13,007,000     13,007,000 
  6.56  Subd. 4.  Community Services          95,445,000     96,532,000 
  6.57                          Summary by Fund 
  6.58  General Fund         95,325,000     96,412,000
  6.59  Special Revenue         120,000        120,000
  7.1   [MILLE LACS COUNTY PROBATION SERVICES.] 
  7.2   $373,000 the first year and $373,000 
  7.3   the second year are for an increase in 
  7.4   probation services provided to Mille 
  7.5   Lacs County.  It is anticipated that 
  7.6   the county will reimburse the state for 
  7.7   these costs and that these proceeds 
  7.8   will be deposited in the general fund. 
  7.9   [BELTRAMI COUNTY PROBATION SERVICES.] 
  7.10  $61,000 the first year and $61,000 the 
  7.11  second year are for an increase in 
  7.12  probation support services provided to 
  7.13  Beltrami County.  It is anticipated 
  7.14  that the county will reimburse the 
  7.15  state for these costs and that these 
  7.16  proceeds will be deposited in the 
  7.17  general fund. 
  7.18  $2,500,000 each year is for grants to 
  7.19  counties to offset the cost of housing 
  7.20  short-term offenders with less than six 
  7.21  months to serve as required by article 
  7.22  5.  The commissioner shall distribute 
  7.23  the grants based on the average number 
  7.24  of short-term offenders coming from 
  7.25  each county in fiscal years 2002 and 
  7.26  2003.  These grants are available until 
  7.27  June 30, 2007. 
  7.28  Subd. 5.  Operations Support          14,897,000     14,897,000 
  7.29                          Summary by Fund
  7.30  General Fund         14,647,000     14,647,000
  7.31  Special Revenue         250,000        250,000
  7.32  Sec. 14.  SENTENCING GUIDELINES          436,000        436,000
  7.33  [REPORT ON DRUG OFFENDER SENTENCING.] 
  7.34  The sentencing guidelines commission, 
  7.35  in consultation with the commissioner 
  7.36  of corrections, shall prepare a report 
  7.37  and make recommendations regarding the 
  7.38  following drug offender sentencing 
  7.39  issues: 
  7.40  (1) the evolution of Minnesota's drug 
  7.41  sentencing laws, the annual proportion 
  7.42  of prisoners incarcerated for drug 
  7.43  crimes in Minnesota state prisons over 
  7.44  the past 20 years, the annual cost of 
  7.45  incarcerating drug offenders in 
  7.46  Minnesota state prisons over the past 
  7.47  20 years, the effectiveness of drug 
  7.48  courts, and current programs that 
  7.49  employ alternatives to incarceration 
  7.50  for drug offenders in Minnesota state 
  7.51  prisons; 
  7.52  (2) the average and the range of 
  7.53  criminal history scores for each level 
  7.54  of drug offender currently incarcerated 
  7.55  in Minnesota state prisons; 
  7.56  (3) the proportionality of Minnesota's 
  7.57  drug sentencing provisions when 
  7.58  compared to sentencing provisions for 
  7.59  other crimes in Minnesota; 
  8.1   (4) the proportionality of Minnesota's 
  8.2   drug sentencing provisions when 
  8.3   compared to other states' drug 
  8.4   sentencing provisions; 
  8.5   (5) the amount of Minnesota's prison 
  8.6   and jail beds occupied by all drug 
  8.7   offenders and all nonviolent drug 
  8.8   offenders; 
  8.9   (6) the type and quantity of Minnesota 
  8.10  correctional resources that are 
  8.11  dedicated to all drug offenders and to 
  8.12  all nonviolent drug offenders; 
  8.13  (7) the projected annual cost to the 
  8.14  department of corrections of 
  8.15  incarcerating all drug offenders and 
  8.16  all nonviolent drug offenders in state 
  8.17  prisons over the next ten years; 
  8.18  (8) the cost-savings to the department 
  8.19  of corrections by not incarcerating 
  8.20  nonviolent drug offenders and sending 
  8.21  them to noncustodial drug treatment 
  8.22  instead; 
  8.23  (9) the recidivism rate for drug 
  8.24  offenders, in Minnesota and other 
  8.25  states, who are sent to noncustodial 
  8.26  drug treatment rather than 
  8.27  incarceration; and 
  8.28  (10) the cost-savings to the department 
  8.29  of corrections of sentencing nonviolent 
  8.30  drug offenders to home detention 
  8.31  employing electronic monitoring at the 
  8.32  offender's expense. 
  8.33  For purposes of this report, nonviolent 
  8.34  drug offenders are those who were 
  8.35  convicted of violating sections 
  8.36  152.023, 152.024, and 152.025, and were 
  8.37  not also convicted of a violent crime, 
  8.38  as that term is defined in section 
  8.39  609.1095.  The sentencing guidelines 
  8.40  commission must present the report and 
  8.41  recommendations to the chairs and 
  8.42  ranking minority members of the house 
  8.43  and senate committees having 
  8.44  jurisdiction over criminal justice 
  8.45  policy and financing by January 15, 
  8.46  2004. 
  8.47  Sec. 15.  DEPARTMENT OF                 770,000     ..,...,...
  8.48  HUMAN SERVICES 
  8.49  Sec. 16.   DEFICIENCY 
  8.50  APPROPRIATION 
  8.51   FISCAL YEAR 2003  
  8.52  General     35,000 
  8.53  [SPECIAL HEARING COSTS.] This 
  8.54  appropriation for fiscal year 2003 is 
  8.55  added to the appropriation in Laws 
  8.56  2001, First Special Session chapter 8, 
  8.57  article 4, section 5, to the board on 
  8.58  judicial standards and is to fund costs 
  8.59  of a public hearing for a judge.  This 
  9.1   appropriation is available the day 
  9.2   following final enactment and is 
  9.3   available until June 30, 2003. 
  9.4   Sec. 17.  SUNSET OF UNCODIFIED 
  9.5   LANGUAGE 
  9.6   All uncodified language contained in 
  9.7   this article expires on June 30, 2005, 
  9.8   unless a different expiration date is 
  9.9   explicit. 
  9.10     Sec. 18.  [EFFECTIVE DATE.] 
  9.11     This article is effective July 1, 2003, unless otherwise 
  9.12  noted. 
  9.13                             ARTICLE 2 
  9.14                            COURT POLICY 
  9.15     Section 1.  Minnesota Statutes 2002, section 8.06, is 
  9.16  amended to read: 
  9.17     8.06 [ATTORNEY FOR STATE OFFICERS, BOARDS, OR COMMISSIONS; 
  9.18  EMPLOY COUNSEL.] 
  9.19     The attorney general shall act as the attorney for all 
  9.20  state officers and all boards or commissions created by law in 
  9.21  all matters pertaining to their official duties.  When requested 
  9.22  by the attorney general, it shall be the duty of any county 
  9.23  attorney of the state to appear within the county and act as 
  9.24  attorney for any such board, commission, or officer in any court 
  9.25  of such county.  The attorney general may, upon request in 
  9.26  writing, employ, and fix the compensation of, a special attorney 
  9.27  for any such board, commission, or officer when, in the attorney 
  9.28  general's judgment, the public welfare will be promoted 
  9.29  thereby.  Such special attorney's fees or salary shall be paid 
  9.30  from the appropriation made for such board, commission, or 
  9.31  officer.  Except as herein provided, no board, commission, or 
  9.32  officer shall hereafter employ any attorney at the expense of 
  9.33  the state.  
  9.34     Whenever the attorney general, the governor, and or the 
  9.35  chief justice of the supreme court shall certify, in writing, 
  9.36  filed in the office of the secretary of state, that it is 
  9.37  necessary, in the proper conduct of the legal business of the 
  9.38  state, either civil or criminal, that the state employ 
  9.39  additional counsel, the attorney general, the governor, or the 
 10.1   chief justice of the supreme court shall thereupon be authorized 
 10.2   to employ authorize the employment of such counsel and, with the 
 10.3   governor and the chief justice, fix the additional counsel's 
 10.4   compensation.  Except as herein stated, no additional counsel 
 10.5   shall be employed and the legal business of the state shall be 
 10.6   performed exclusively by the attorney general and the attorney 
 10.7   general's assistants. 
 10.8      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 10.9      Sec. 2.  Minnesota Statutes 2002, section 243.49, is 
 10.10  amended to read: 
 10.11     243.49 [COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.] 
 10.12     If so directed by the court, upon a plea of guilty or 
 10.13  finding of guilty after trial, the court administrator of every 
 10.14  a court which sentences a defendant for a felony or gross 
 10.15  misdemeanor to the custody of the commissioner of corrections or 
 10.16  to the superintendent of the work house or work farm, shall 
 10.17  provide the officer or person having custody of the defendant a 
 10.18  certified record for commitment, including (1) a copy of the 
 10.19  indictment and plea, (2) a transcript of the sentencing 
 10.20  proceedings, with the date thereof, together with the 
 10.21  defendant's statement under oath, if obtained, as to the 
 10.22  defendant's true name, residence, if any, the date and place of 
 10.23  birth, the names and addresses of parents and other relatives 
 10.24  and of employers and others who know the defendant well, social 
 10.25  and other affiliations, past occupations and employments, former 
 10.26  places of residence and the period of time and the dates the 
 10.27  defendant has resided in each, citizenship, the number, dates, 
 10.28  places and causes of any prior convictions, and (3) if the 
 10.29  person pleaded guilty, a transcript of the sentencing 
 10.30  proceedings.  If prepared, the record shall also include the 
 10.31  trial judge's impressions of the defendant's mental and physical 
 10.32  condition, general character, capacity, disposition, habits and 
 10.33  special needs.  The court reporter shall provide the required 
 10.34  necessary transcripts.  The certified record for commitment may 
 10.35  be used as evidence in any postconviction proceeding brought by 
 10.36  the defendant.  If so directed by the court, the court 
 11.1   administrator shall also deliver to the sheriff or other officer 
 11.2   or person conveying the defendant to the correctional facility, 
 11.3   work house, or work farm designated by the commissioner of 
 11.4   corrections or the judge a warrant of commitment together with a 
 11.5   certified copy of the warrant directing the conveyor to deliver 
 11.6   the person and the certified record for commitment to the 
 11.7   principal officer in charge of the correctional facility, work 
 11.8   house, or work farm.  Upon the delivery of any person, the 
 11.9   principal officer in charge of the correctional facility, work 
 11.10  house, or work farm shall keep the certified copy of the warrant 
 11.11  of commitment and endorse the principal officer's receipt upon 
 11.12  the original, which shall be filed with the sentencing court.  
 11.13  The court administrator shall retain one copy of the required 
 11.14  transcripts, and a tape recording and the court reporter's notes 
 11.15  of all other proceedings. 
 11.16     Sec. 3.  Minnesota Statutes 2002, section 357.021, 
 11.17  subdivision 2, is amended to read: 
 11.18     Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
 11.19  collected by the court administrator shall be as follows: 
 11.20     (1) In every civil action or proceeding in said court, 
 11.21  including any case arising under the tax laws of the state that 
 11.22  could be transferred or appealed to the tax court, the 
 11.23  plaintiff, petitioner, or other moving party shall pay, when the 
 11.24  first paper is filed for that party in said action, a fee of 
 11.25  $135 $250. 
 11.26     The defendant or other adverse or intervening party, or any 
 11.27  one or more of several defendants or other adverse or 
 11.28  intervening parties appearing separately from the others, shall 
 11.29  pay, when the first paper is filed for that party in said 
 11.30  action, a fee of $135 $250. 
 11.31     The party requesting a trial by jury shall pay $75. 
 11.32     The fees above stated shall be the full trial fee 
 11.33  chargeable to said parties irrespective of whether trial be to 
 11.34  the court alone, to the court and jury, or disposed of without 
 11.35  trial, and shall include the entry of judgment in the action, 
 11.36  but does not include copies or certified copies of any papers so 
 12.1   filed or proceedings under chapter 103E, except the provisions 
 12.2   therein as to appeals. 
 12.3      (2) Certified copy of any instrument from a civil or 
 12.4   criminal proceeding, $10, and $5 for an uncertified copy. 
 12.5      (3) Issuing a subpoena, $3 $6 for each name. 
 12.6      (4) Issuing an execution and filing the return thereof; 
 12.7   issuing a writ of attachment, injunction, habeas corpus, 
 12.8   mandamus, quo warranto, certiorari, or other writs not 
 12.9   specifically mentioned, $10 $20. 
 12.10     (5) Issuing a transcript of judgment, or for filing and 
 12.11  docketing a transcript of judgment from another court, $7.50 $15.
 12.12     (6) Filing and entering a satisfaction of judgment, partial 
 12.13  satisfaction, or assignment of judgment, $5. 
 12.14     (7) Certificate as to existence or nonexistence of 
 12.15  judgments docketed, $5 for each name certified to. 
 12.16     (8) Filing and indexing trade name; or recording basic 
 12.17  science certificate; or recording certificate of physicians, 
 12.18  osteopaths, chiropractors, veterinarians, or optometrists, $5. 
 12.19     (9) For the filing of each partial, final, or annual 
 12.20  account in all trusteeships, $10 $20. 
 12.21     (10) For the deposit of a will, $5 $10. 
 12.22     (11) For recording notary commission, $25 $50, of which, 
 12.23  notwithstanding subdivision 1a, paragraph (b), $20 $40 must be 
 12.24  forwarded to the state treasurer to be deposited in the state 
 12.25  treasury and credited to the general fund. 
 12.26     (12) Filing a motion or response to a motion for 
 12.27  modification of child support, a fee fixed by rule or order of 
 12.28  the supreme court.  
 12.29     (13) Filing a motion or response to a motion in civil, 
 12.30  family, excluding child support, and guardianship cases, $25. 
 12.31     (14) All other services required by law for which no fee is 
 12.32  provided, such fee as compares favorably with those herein 
 12.33  provided, or such as may be fixed by rule or order of the court. 
 12.34     (14) (15) In addition to any other filing fees under this 
 12.35  chapter, a surcharge in the amount of $75 must be assessed in 
 12.36  accordance with section 259.52, subdivision 14, for each 
 13.1   adoption petition filed in district court to fund the fathers' 
 13.2   adoption registry under section 259.52. 
 13.3      The fees in clauses (3) and (4) need not be paid by a 
 13.4   public authority or the party the public authority represents. 
 13.5      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 13.6      Sec. 4.  Minnesota Statutes 2002, section 357.022, is 
 13.7   amended to read: 
 13.8      357.022 [CONCILIATION COURT FEE.] 
 13.9      The court administrator in every county shall charge and 
 13.10  collect a filing fee of $25 where the amount demanded is less 
 13.11  than $2,000 and $35 where the amount demanded is $2,000 or more 
 13.12  $50 from every plaintiff and from every defendant when the first 
 13.13  paper for that party is filed in any conciliation court action.  
 13.14  This section does not apply to conciliation court actions filed 
 13.15  by the state.  The court administrator shall transmit the fees 
 13.16  monthly to the state treasurer for deposit in the state treasury 
 13.17  and credit to the general fund. 
 13.18     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 13.19     Sec. 5.  Minnesota Statutes 2002, section 357.08, is 
 13.20  amended to read: 
 13.21     357.08 [PAID BY APPELLANT IN APPEAL.] 
 13.22     There shall be paid to the clerk of the appellate courts by 
 13.23  the appellant, or moving party or person requiring the service, 
 13.24  in all cases of appeal, certiorari, habeas corpus, mandamus, 
 13.25  injunction, prohibition, or other original proceeding, when 
 13.26  initially filed with the clerk of the appellate courts, the sum 
 13.27  of $250 $500 to the clerk of the appellate courts.  An 
 13.28  additional filing fee of $100 shall be required for a petition 
 13.29  for accelerated review by the supreme court.  A filing fee 
 13.30  of $250 $500 shall be paid to the clerk of the appellate courts 
 13.31  upon the filing of a petition for review from a decision of the 
 13.32  court of appeals.  A filing fee of $250 $500 shall be paid to 
 13.33  the clerk of the appellate courts upon the filing of a petition 
 13.34  for permission to appeal.  A filing fee of $100 shall be paid to 
 13.35  the clerk of the appellate courts upon the filing by a 
 13.36  respondent of a notice of review.  The clerk shall transmit the 
 14.1   fees to the state treasurer for deposit in the state treasury 
 14.2   and credit to the general fund.  
 14.3      The clerk shall not file any paper, issue any writ or 
 14.4   certificate, or perform any service enumerated herein, until the 
 14.5   payment has been made for it.  The clerk shall pay the sum into 
 14.6   the state treasury as provided for by section 15A.01.  
 14.7      The charges provided for shall not apply to disbarment 
 14.8   proceedings, nor to an action or proceeding by the state taken 
 14.9   solely in the public interest, where the state is the appellant 
 14.10  or moving party, nor to copies of the opinions of the court 
 14.11  furnished by the clerk to the parties before judgment, or 
 14.12  furnished to the district judge whose decision is under review, 
 14.13  or to such law library associations in counties having a 
 14.14  population exceeding 50,000, as the court may direct. 
 14.15     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 14.16     Sec. 6.  Minnesota Statutes 2002, section 363.073, is 
 14.17  amended by adding a subdivision to read: 
 14.18     Subd. 1a.  [FILING FEE; ACCOUNT; APPROPRIATION.] The 
 14.19  commissioner shall collect a $75 fee for each certificate of 
 14.20  compliance issued by the commissioner or the commissioner's 
 14.21  designated agent.  The proceeds of the fee must be deposited in 
 14.22  a human rights fee special revenue account.  Money in the 
 14.23  account is appropriated to the commissioner to fund the cost of 
 14.24  issuing certificates and investigating grievances. 
 14.25     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 14.26     Sec. 7.  Minnesota Statutes 2002, section 546.27, is 
 14.27  amended to read: 
 14.28     546.27 [DECISION BY THE COURT.] 
 14.29     Subdivision 1.  [WRITTEN DECISIONS REQUIRED.] (a) When an 
 14.30  issue of fact has been tried by the court, the decision shall be 
 14.31  in writing, the facts found and the conclusion of law shall be 
 14.32  separately stated, and judgment shall be entered accordingly.  
 14.33  Except as provided in paragraph (b), all questions of fact and 
 14.34  law, and all motions and matters submitted to a judge for a 
 14.35  decision in trial and appellate matters, shall be disposed of 
 14.36  and the decision filed with the court administrator within 90 
 15.1   days after such submission the time period for disposition 
 15.2   established by the chief justice, unless sickness or casualty 
 15.3   shall prevent, or the time be extended by written consent of the 
 15.4   parties.  No part of the salary of any judge shall be paid 
 15.5   unless the voucher therefor be accompanied by a certificate of 
 15.6   the judge that there has been full compliance with the 
 15.7   requirements of this section. 
 15.8      (b) If a hearing has been held on a petition under chapter 
 15.9   260 involving physical or sexual abuse of a child who is alleged 
 15.10  to be in need of protection or services or neglected and in 
 15.11  foster care, the decision must be filed within 15 days after the 
 15.12  matter is submitted to the judge. 
 15.13     Subd. 2.  [BOARD OF JUDICIAL STANDARDS REVIEW.] At least 
 15.14  annually, the board on judicial standards shall review the 
 15.15  compliance of each district, county, or municipal judge with the 
 15.16  provisions of subdivision 1.  To facilitate this review, the 
 15.17  director of the state judicial information system shall notify 
 15.18  the executive secretary of the state board on judicial standards 
 15.19  when a matter exceeds 90 days without a disposition the time 
 15.20  period for disposition established by the chief justice.  The 
 15.21  board shall notify the commissioner of finance of each judge not 
 15.22  in compliance.  If the board finds that a judge has compelling 
 15.23  reasons for noncompliance, it may decide not to issue the 
 15.24  notice.  Upon notification that a judge is not in compliance, 
 15.25  the commissioner of finance shall not pay the salary of that 
 15.26  judge.  The board may cancel a notice of noncompliance upon 
 15.27  finding that a judge is in compliance, but in no event shall a 
 15.28  judge be paid a salary for the period in which the notification 
 15.29  of noncompliance was in effect. 
 15.30     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 15.31     Sec. 8.  Minnesota Statutes 2002, section 550.36, is 
 15.32  amended to read: 
 15.33     550.36 [STAY OF EXECUTION ON MONEY JUDGMENT; LIMITATION ON 
 15.34  BOND AMOUNT.] 
 15.35     (a) Subject to the limitation in paragraph (b), execution 
 15.36  of a judgment for the payment of money only shall be stayed for 
 16.1   six months during the course of all appeals or discretionary 
 16.2   appellate reviews of a judgment if, within ten days after the 
 16.3   entry thereof, the judgment debtor shall file with the court 
 16.4   administrator a bond, running to the judgment creditor, the 
 16.5   creditor's personal representatives and assigns, in double the 
 16.6   amount of the judgment, to be approved by the court, and 
 16.7   conditioned for the payment of the judgment, with interest 
 16.8   during the time for which the stay is granted.  Interest shall 
 16.9   be computed in the same manner and at the same rate provided for 
 16.10  interest on verdicts in section 549.09.  Within two days 
 16.11  thereafter notice that such bond has been filed, with a copy of 
 16.12  the same, shall be served on the judgment creditor, if the 
 16.13  creditor be a resident of the county, or upon the creditor's 
 16.14  agent or attorney, if the creditor has one, and the judgment 
 16.15  creditor may except to the sufficiency of the bond; and, upon 
 16.16  the creditor's application upon notice or order to show cause, 
 16.17  the court, if it find the bond insufficient, may order execution 
 16.18  to issue notwithstanding the same, unless the judgment debtor 
 16.19  give such further bond as it shall deem sufficient.  If the 
 16.20  condition of any such bond be not performed, the execution shall 
 16.21  issue for the amount of the judgment, with interest and costs, 
 16.22  against the judgment debtor and the sureties.  When an execution 
 16.23  issues against sureties the officer shall certify in the return 
 16.24  what amount, if any, was collected from them and the date 
 16.25  thereof.  If a stay be granted after execution issued, any levy 
 16.26  made thereon shall be released and the execution shall be 
 16.27  returned and the reason noted by the officer. 
 16.28     (b)(1) Notwithstanding paragraph (a) or any other provision 
 16.29  of law or court rule to the contrary, if a plaintiff in a civil 
 16.30  action obtains a judgment under any legal theory that requires 
 16.31  any defendant to make payments in order to comply with the 
 16.32  judgment, the amount of the appeal bond necessary to stay 
 16.33  execution during the course of all appeals or discretionary 
 16.34  reviews of that judgment by an appellate court shall be set in 
 16.35  accordance with applicable laws or court rules, except that the 
 16.36  total appeal bond that is required of all appellants shall not 
 17.1   exceed $25,000,000 regardless of the value of the judgment. 
 17.2      (2) Notwithstanding clause (1), if a judgment creditor 
 17.3   proves by a preponderance of the evidence that a judgment debtor 
 17.4   is dissipating assets outside the ordinary course of business to 
 17.5   avoid payment of a judgment, a court may enter orders that: 
 17.6      (i) are necessary to protect the judgment creditor; and 
 17.7      (ii) require the judgment debtor to post a bond that is 
 17.8   equal to the total amount of the judgment. 
 17.9      [EFFECTIVE DATE.] This section is effective the day 
 17.10  following final enactment and applies to all cases pending on or 
 17.11  filed after that date. 
 17.12     Sec. 9.  Minnesota Statutes 2002, section 609.101, 
 17.13  subdivision 4, is amended to read: 
 17.14     Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
 17.15  any other law: 
 17.16     (1) when a court sentences a person convicted of a felony 
 17.17  that is not listed in subdivision 2 or 3, it must impose a fine 
 17.18  of not less than 30 percent of the maximum fine authorized by 
 17.19  law nor more than the maximum fine authorized by law; and 
 17.20     (2) when a court sentences a person convicted of a gross 
 17.21  misdemeanor or misdemeanor that is not listed in subdivision 2, 
 17.22  it must impose a fine of not less than 30 percent of the maximum 
 17.23  fine authorized by law nor more than the maximum fine authorized 
 17.24  by law, unless the fine is set at a lower amount on a uniform 
 17.25  fine schedule established by the conference of chief judges in 
 17.26  consultation with affected state and local agencies.  This 
 17.27  schedule shall be promulgated not later than January September 1 
 17.28  of each year and shall become effective on August January 1 of 
 17.29  that the next year unless the legislature, by law, provides 
 17.30  otherwise. 
 17.31     The minimum fine required by this subdivision is in 
 17.32  addition to the surcharge or assessment required by section 
 17.33  357.021, subdivision 6, and is in addition to any sentence of 
 17.34  imprisonment or restitution imposed or ordered by the court. 
 17.35     The court shall collect the fines mandated in this 
 17.36  subdivision and, except for fines for traffic and motor vehicle 
 18.1   violations governed by section 169.871 and section 299D.03 and 
 18.2   fish and game violations governed by section 97A.065, forward 20 
 18.3   percent of the revenues to the state treasurer for deposit in 
 18.4   the general fund. 
 18.5      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 18.6      Sec. 10.  Minnesota Statutes 2002, section 609.115, 
 18.7   subdivision 1, is amended to read: 
 18.8      Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
 18.9   defendant has been convicted of a misdemeanor or, gross 
 18.10  misdemeanor, or felony, the court may, and when the defendant 
 18.11  has been convicted of a felony, the court shall, before sentence 
 18.12  is imposed, cause a presentence investigation and written report 
 18.13  to be made to the court concerning the defendant's individual 
 18.14  characteristics, circumstances, needs, potentialities, criminal 
 18.15  record and social history, the circumstances of the offense and 
 18.16  the harm caused by it to others and to the community.  At the 
 18.17  request of the prosecutor in a gross misdemeanor case, the court 
 18.18  shall order that a presentence investigation and report be 
 18.19  prepared.  The investigation shall be made by a probation 
 18.20  officer of the court, if there is one; otherwise it shall be 
 18.21  made by the commissioner of corrections.  The officer conducting 
 18.22  the presentence or predispositional investigation shall make 
 18.23  reasonable and good faith efforts to contact and provide the 
 18.24  victim with the information required under section 611A.037, 
 18.25  subdivision 2.  Presentence investigations shall be conducted 
 18.26  and summary hearings held upon reports and upon the sentence to 
 18.27  be imposed upon the defendant in accordance with this section, 
 18.28  section 244.10, and the Rules of Criminal Procedure. 
 18.29     (b) When the crime is a violation of sections 609.561 to 
 18.30  609.563, 609.5641, or 609.576 and involves a fire, the report 
 18.31  shall include a description of the financial and physical harm 
 18.32  the offense has had on the public safety personnel who responded 
 18.33  to the fire.  For purposes of this paragraph, "public safety 
 18.34  personnel" means the state fire marshal; employees of the 
 18.35  division of the state fire marshal; firefighters, regardless of 
 18.36  whether the firefighters receive any remuneration for providing 
 19.1   services; peace officers, as defined in section 626.05, 
 19.2   subdivision 2; individuals providing emergency management 
 19.3   services; and individuals providing emergency medical services. 
 19.4      (c) When the crime is a felony violation of chapter 152 
 19.5   involving the sale or distribution of a controlled substance, 
 19.6   the report shall include a description of any adverse social or 
 19.7   economic effects the offense has had on persons who reside in 
 19.8   the neighborhood where the offense was committed. 
 19.9      (d) The report shall also include the information relating 
 19.10  to crime victims required under section 611A.037, subdivision 1. 
 19.11  If the court directs, the report shall include an estimate of 
 19.12  the prospects of the defendant's rehabilitation and 
 19.13  recommendations as to the sentence which should be imposed.  In 
 19.14  misdemeanor cases the report may be oral. 
 19.15     (e) When a defendant has been convicted of a felony, and 
 19.16  before sentencing, the court shall cause a sentencing worksheet 
 19.17  to be completed to facilitate the application of the Minnesota 
 19.18  sentencing guidelines.  The worksheet shall be submitted as part 
 19.19  of the presentence investigation report. 
 19.20     (f) When a person is convicted of a felony for which the 
 19.21  sentencing guidelines presume that the defendant will be 
 19.22  committed to the commissioner of corrections under an executed 
 19.23  sentence and no motion for a sentencing departure has been made 
 19.24  by counsel, the court may, when there is no space available in 
 19.25  the local correctional facility, commit the defendant to the 
 19.26  custody of the commissioner of corrections, pending completion 
 19.27  of the presentence investigation and report.  When a defendant 
 19.28  is convicted of a felony for which the sentencing guidelines do 
 19.29  not presume that the defendant will be committed to the 
 19.30  commissioner of corrections, or for which the sentencing 
 19.31  guidelines presume commitment to the commissioner but counsel 
 19.32  has moved for a sentencing departure, the court may commit the 
 19.33  defendant to the commissioner with the consent of the 
 19.34  commissioner, pending completion of the presentence 
 19.35  investigation and report.  The county of commitment shall return 
 19.36  the defendant to the court when the court so orders. 
 20.1      [EFFECTIVE DATE.] This section is effective August 1, 2003 
 20.2   and applies to crimes committed on or after that date. 
 20.3      Sec. 11.  [REPEALER.] 
 20.4      Minnesota Statutes 2002, section 626A.17, is repealed 
 20.5   effective July 1, 2003. 
 20.6                              ARTICLE 3 
 20.7                            PUBLIC DEFENSE
 20.8      Section 1.  Minnesota Statutes 2002, section 270A.03, 
 20.9   subdivision 5, is amended to read: 
 20.10     Subd. 5.  [DEBT.] "Debt" means a legal obligation of a 
 20.11  natural person to pay a fixed and certain amount of money, which 
 20.12  equals or exceeds $25 and which is due and payable to a claimant 
 20.13  agency.  The term includes criminal fines imposed under section 
 20.14  609.10 or 609.125 and restitution.  The term also includes the 
 20.15  co-payment for the appointment of a district public defender 
 20.16  imposed under section 611.17, paragraph (c).  A debt may arise 
 20.17  under a contractual or statutory obligation, a court order, or 
 20.18  other legal obligation, but need not have been reduced to 
 20.19  judgment.  
 20.20     A debt includes any legal obligation of a current recipient 
 20.21  of assistance which is based on overpayment of an assistance 
 20.22  grant where that payment is based on a client waiver or an 
 20.23  administrative or judicial finding of an intentional program 
 20.24  violation; or where the debt is owed to a program wherein the 
 20.25  debtor is not a client at the time notification is provided to 
 20.26  initiate recovery under this chapter and the debtor is not a 
 20.27  current recipient of food stamps, transitional child care, or 
 20.28  transitional medical assistance. 
 20.29     A debt does not include any legal obligation to pay a 
 20.30  claimant agency for medical care, including hospitalization if 
 20.31  the income of the debtor at the time when the medical care was 
 20.32  rendered does not exceed the following amount: 
 20.33     (1) for an unmarried debtor, an income of $8,800 or less; 
 20.34     (2) for a debtor with one dependent, an income of $11,270 
 20.35  or less; 
 20.36     (3) for a debtor with two dependents, an income of $13,330 
 21.1   or less; 
 21.2      (4) for a debtor with three dependents, an income of 
 21.3   $15,120 or less; 
 21.4      (5) for a debtor with four dependents, an income of $15,950 
 21.5   or less; and 
 21.6      (6) for a debtor with five or more dependents, an income of 
 21.7   $16,630 or less.  
 21.8      The income amounts in this subdivision shall be adjusted 
 21.9   for inflation for debts incurred in calendar years 2001 and 
 21.10  thereafter.  The dollar amount of each income level that applied 
 21.11  to debts incurred in the prior year shall be increased in the 
 21.12  same manner as provided in section 1(f) of the Internal Revenue 
 21.13  Code of 1986, as amended through December 31, 2000, except that 
 21.14  for the purposes of this subdivision the percentage increase 
 21.15  shall be determined from the year starting September 1, 1999, 
 21.16  and ending August 31, 2000, as the base year for adjusting for 
 21.17  inflation for debts incurred after December 31, 2000. 
 21.18     Debt also includes an agreement to pay a MinnesotaCare 
 21.19  premium, regardless of the dollar amount of the premium 
 21.20  authorized under section 256L.15, subdivision 1a. 
 21.21     [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 21.22  and applies to crimes committed on or after that date. 
 21.23     Sec. 2.  [545A.01] [APPEAL OF PRETRIAL ORDERS; ATTORNEY 
 21.24  FEES; DEFENDANT; NOT GOVERNMENT RESPONSIBILITY.] 
 21.25     Subdivision 1.  [APPEAL; RESPONSIBILITY.] Notwithstanding 
 21.26  Rule 28.04, subdivision 2, clause (6), of the Rules of Criminal 
 21.27  Procedure, unless ordered by the court the government unit is 
 21.28  not required to pay the attorney fees and costs incurred by the 
 21.29  defendant on the unit's appeal of the following: 
 21.30     (1) in any case, from a pretrial order of the trial court; 
 21.31     (2) in felony cases from any sentence imposed or stayed by 
 21.32  the trial court; 
 21.33     (3) in any case, from an order granting postconviction 
 21.34  relief; 
 21.35     (4) in any case, from a judgment of acquittal by the trial 
 21.36  court entered after the jury returns a verdict of guilty under 
 22.1   Rule 26.03, subdivision 17, clause (2) or (3), of the Rules of 
 22.2   Criminal Procedure; and 
 22.3      (5) in any case, from an order of the trial court vacating 
 22.4   judgment and dismissing the case made after the jury returns a 
 22.5   verdict of guilty under Rule 26.04, subdivision 2, of the Rules 
 22.6   of Criminal Procedure. 
 22.7      Subd. 2.  [PUBLIC DEFENDER.] This section shall not apply 
 22.8   to appeals when a defendant is represented by the public 
 22.9   defender. 
 22.10     Sec. 3.  Minnesota Statutes 2002, section 590.05, is 
 22.11  amended to read: 
 22.12     590.05 [INDIGENT PETITIONERS.] 
 22.13     A person financially unable to obtain counsel who desires 
 22.14  to pursue the remedy provided in section 590.01 may apply for 
 22.15  representation by the state public defender.  The state public 
 22.16  defender shall represent such person under the applicable 
 22.17  provisions of sections 611.14 to 611.27, if the person has not 
 22.18  already had a direct appeal of the conviction.  If, however, the 
 22.19  person pled guilty and received a presumptive sentence or a 
 22.20  downward departure in sentence, and the state public defender 
 22.21  reviewed the person's case and determined that there was no 
 22.22  basis for an appeal of the conviction or of the sentence, then 
 22.23  the state public defender may decline to represent the person in 
 22.24  a postconviction remedy case.  The state public defender may 
 22.25  represent, without charge, all other persons pursuing a 
 22.26  postconviction remedy under section 590.01, who are financially 
 22.27  unable to obtain counsel.  
 22.28     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 22.29     Sec. 4.  Minnesota Statutes 2002, section 611.14, is 
 22.30  amended to read: 
 22.31     611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
 22.32     The following persons who are financially unable to obtain 
 22.33  counsel are entitled to be represented by a public defender: 
 22.34     (1) a person charged with a felony, gross misdemeanor, or 
 22.35  misdemeanor including a person charged under sections 629.01 to 
 22.36  629.29; 
 23.1      (2) a person appealing from a conviction of a felony or 
 23.2   gross misdemeanor, or a person convicted of a felony or gross 
 23.3   misdemeanor, who is pursuing a postconviction proceeding and who 
 23.4   has not already had a direct appeal of the conviction, but if 
 23.5   the person pled guilty and received a presumptive sentence or a 
 23.6   downward departure in sentence, and the state public defender 
 23.7   reviewed the person's case and determined that there was no 
 23.8   basis for an appeal of the conviction or of the sentence, then 
 23.9   the state public defender may decline to represent the person in 
 23.10  a postconviction remedy case; 
 23.11     (3) a person who is entitled to be represented by counsel 
 23.12  under section 609.14, subdivision 2; or 
 23.13     (4) a minor ten years of age or older who is entitled to be 
 23.14  represented by counsel under section 260B.163, subdivision 4, or 
 23.15  260C.163, subdivision 3. 
 23.16     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 23.17     Sec. 5.  Minnesota Statutes 2002, section 611.17, is 
 23.18  amended to read: 
 23.19     611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.] 
 23.20     Subdivision 1.  [STANDARDS FOR DISTRICT PUBLIC DEFENSE 
 23.21  ELIGIBILITY.] (a) Each judicial district must screen 
 23.22  requests under paragraph (b) for representation by the district 
 23.23  public defender.  A defendant is financially unable to obtain 
 23.24  counsel if: 
 23.25     (1) the defendant, or any dependent of the defendant who 
 23.26  resides in the same household as the defendant, receives 
 23.27  means-tested governmental benefits; or 
 23.28     (2) the defendant, through any combination of liquid assets 
 23.29  and current income, would be unable to pay the reasonable costs 
 23.30  charged by private counsel in that judicial district for a 
 23.31  defense of the same matter. 
 23.32     (b) Upon a request for the appointment of counsel, the 
 23.33  court shall make appropriate inquiry into the financial 
 23.34  circumstances of the applicant, who shall submit a financial 
 23.35  statement under oath or affirmation setting forth the 
 23.36  applicant's assets and liabilities, including the value of any 
 24.1   real property owned by the applicant, whether homestead or 
 24.2   otherwise, less the amount of any encumbrances on the real 
 24.3   property, the source or sources of income, and any other 
 24.4   information required by the court.  The applicant shall be under 
 24.5   a continuing duty while represented by a public defender to 
 24.6   disclose any changes in the applicant's financial circumstances 
 24.7   that might be relevant to the applicant's eligibility for a 
 24.8   public defender.  The state public defender shall furnish 
 24.9   appropriate forms for the financial statements.  The forms must 
 24.10  contain conspicuous notice of the applicant's continuing duty to 
 24.11  disclose to the court changes in the applicant's financial 
 24.12  circumstances.  The forms must also contain conspicuous notice 
 24.13  of the applicant's obligation to make a co-payment for the 
 24.14  services of the district public defender, as specified under 
 24.15  paragraph (c).  The information contained in the statement shall 
 24.16  be confidential and for the exclusive use of the court and the 
 24.17  public defender appointed by the court to represent the 
 24.18  applicant except for any prosecution under section 609.48.  A 
 24.19  refusal to execute the financial statement or produce financial 
 24.20  records constitutes a waiver of the right to the appointment of 
 24.21  a public defender.  The court shall not appoint a district 
 24.22  public defender to a defendant who is financially able to retain 
 24.23  private counsel but refuses to do so. 
 24.24     An inquiry to determine financial eligibility of a 
 24.25  defendant for the appointment of the district public defender 
 24.26  shall be made whenever possible prior to the court appearance 
 24.27  and by such persons as the court may direct.  This inquiry may 
 24.28  be combined with the pre-release investigation provided for in 
 24.29  Minnesota Rule of Criminal Procedure 6.02, subdivision 3.  In no 
 24.30  case shall the district public defender be required to perform 
 24.31  this inquiry or investigate the defendant's assets or 
 24.32  eligibility.  The court has the sole duty to conduct a financial 
 24.33  inquiry.  The inquiry must include the following: 
 24.34     (1) the liquidity of real estate assets, including the 
 24.35  defendant's homestead; 
 24.36     (2) any assets that can be readily converted to cash or 
 25.1   used to secure a debt; 
 25.2      (3) the determination of whether the transfer of an asset 
 25.3   is voidable as a fraudulent conveyance; and 
 25.4      (4) the value of all property transfers occurring on or 
 25.5   after the date of the alleged offense.  The burden is on the 
 25.6   accused to show that he or she is financially unable to afford 
 25.7   counsel.  Defendants who fail to provide information necessary 
 25.8   to determine eligibility shall be deemed ineligible.  The court 
 25.9   must not appoint the district public defender as advisory 
 25.10  counsel. 
 25.11     (c) Upon disposition of the case appointment of the public 
 25.12  defender, an individual who has received receives public 
 25.13  defender services shall be obligated to pay to the court a $28 
 25.14  co-payment for representation provided by a public defender, 
 25.15  unless the co-payment is, or has been, waived by the court.  The 
 25.16  co-payment shall be according to the following schedule: 
 25.17     (1) if the person was charged with a felony, $200; 
 25.18     (2) if the person was charged with a gross misdemeanor, 
 25.19  $100; or 
 25.20     (3) if the person was charged with a misdemeanor, $50. 
 25.21     If the person is a child and was appointed counsel under 
 25.22  the provisions of section 260B.163, subdivision 4, the parents 
 25.23  of the child shall pay to the court a co-payment of $100.  If 
 25.24  the person is a parent of a child and the parent was appointed 
 25.25  counsel under the provisions of section 260C.163, subdivision 3, 
 25.26  the parent shall pay to the court a co-payment of $200. 
 25.27     The co-payment shall be deposited in the state general 
 25.28  fund.  If a term of probation is imposed as a part of an 
 25.29  offender's sentence, the co-payment required by this section 
 25.30  must not be made a condition of probation.  The co-payment 
 25.31  required by this section is a civil obligation and must not be 
 25.32  made a condition of a criminal sentence.  Collection of the 
 25.33  co-payment may be made through the provisions of chapter 270A, 
 25.34  the Revenue Recapture Act. 
 25.35     [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 25.36  and applies to crimes committed on or after that date. 
 26.1      Sec. 6.  Minnesota Statutes 2002, section 611.18, is 
 26.2   amended to read: 
 26.3      611.18 [APPOINTMENT OF PUBLIC DEFENDER.] 
 26.4      If it appears to a court that a person requesting the 
 26.5   appointment of counsel satisfies the requirements of this 
 26.6   chapter, the court shall order the appropriate public defender 
 26.7   to represent the person at all further stages of the proceeding 
 26.8   through appeal, if any.  For a person appealing from a 
 26.9   conviction, or a person pursuing a postconviction proceeding and 
 26.10  who has not already had a direct appeal of the 
 26.11  conviction, according to the standards of sections 611.14 and 
 26.12  611.25, subdivision 1, paragraph (a), clause (2), the state 
 26.13  public defender shall be appointed.  For a person covered by 
 26.14  section 611.14, clause (1), a district public defender shall be 
 26.15  appointed to represent that person.  If (a) conflicting 
 26.16  interests exist, (b) the district public defender for any other 
 26.17  reason is unable to act, or (c) the interests of justice 
 26.18  require, the state public defender may be ordered to represent a 
 26.19  person.  When the state public defender is directed by a court 
 26.20  to represent a defendant or other person, the state public 
 26.21  defender may assign the representation to any district public 
 26.22  defender.  If at any stage of the proceedings, including an 
 26.23  appeal, the court finds that the defendant is financially unable 
 26.24  to pay counsel whom the defendant had retained, the court may 
 26.25  appoint the appropriate public defender to represent the 
 26.26  defendant, as provided in this section.  Prior to any court 
 26.27  appearance, a public defender may represent a person accused of 
 26.28  violating the law, who appears to be financially unable to 
 26.29  obtain counsel, and shall continue to represent the person 
 26.30  unless it is subsequently determined that the person is 
 26.31  financially able to obtain counsel.  The representation may be 
 26.32  made available at the discretion of the public defender, upon 
 26.33  the request of the person or someone on the person's behalf.  
 26.34  Any law enforcement officer may notify the public defender of 
 26.35  the arrest of any such person. 
 26.36     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 27.1      Sec. 7.  Minnesota Statutes 2002, section 611.25, 
 27.2   subdivision 1, is amended to read: 
 27.3      Subdivision 1.  [REPRESENTATION.] (a) The state public 
 27.4   defender shall represent, without charge: 
 27.5      (1) a defendant or other person appealing from a conviction 
 27.6   of a felony or gross misdemeanor; 
 27.7      (2) a person convicted of a felony or gross misdemeanor who 
 27.8   is pursuing a postconviction proceeding and who has not already 
 27.9   had a direct appeal of the conviction, but if the person pled 
 27.10  guilty and received a presumptive sentence or a downward 
 27.11  departure in sentence, and the state public defender reviewed 
 27.12  the person's case and determined that there was no basis for an 
 27.13  appeal of the conviction or of the sentence, then the state 
 27.14  public defender may decline to represent the person in a 
 27.15  postconviction remedy case; and 
 27.16     (3) a child who is appealing from a delinquency 
 27.17  adjudication or from an extended jurisdiction juvenile 
 27.18  conviction. 
 27.19     (b) The state public defender may represent, without 
 27.20  charge, all other persons pursuing a postconviction remedy under 
 27.21  section 590.01, who are financially unable to obtain counsel.  
 27.22     (c) The state public defender shall represent any other 
 27.23  person, who is financially unable to obtain counsel, when 
 27.24  directed to do so by the supreme court or the court of appeals, 
 27.25  except that the state public defender shall not represent a 
 27.26  person in any action or proceeding in which a party is seeking a 
 27.27  monetary judgment, recovery or award.  When requested by a 
 27.28  district public defender or appointed counsel, the state public 
 27.29  defender may assist the district public defender, appointed 
 27.30  counsel, or an organization designated in section 611.216 in the 
 27.31  performance of duties, including trial representation in matters 
 27.32  involving legal conflicts of interest or other special 
 27.33  circumstances, and assistance with legal research and brief 
 27.34  preparation.  When the state public defender is directed by a 
 27.35  court to represent a defendant or other person, the state public 
 27.36  defender may assign the representation to any district public 
 28.1   defender. 
 28.2      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 28.3      Sec. 8.  Minnesota Statutes 2002, section 611.26, 
 28.4   subdivision 6, is amended to read: 
 28.5      Subd. 6.  [PERSONS DEFENDED.] The district public defender 
 28.6   shall represent, without charge, a defendant charged with a 
 28.7   felony, a gross misdemeanor, or misdemeanor when so directed by 
 28.8   the district court.  The district public defender shall also 
 28.9   represent a minor ten years of age or older in the juvenile 
 28.10  court when so directed by the juvenile court.  The district 
 28.11  public defender must not serve as advisory counsel.  The 
 28.12  juvenile court may not order the district public defender to 
 28.13  represent a minor who is under the age of ten years, to serve as 
 28.14  a guardian ad litem, or to represent a guardian ad litem. 
 28.15     Sec. 9.  Minnesota Statutes 2002, section 611.272, is 
 28.16  amended to read: 
 28.17     611.272 [ACCESS TO GOVERNMENT DATA.] 
 28.18     The district public defender, the state public defender, or 
 28.19  an attorney working for a public defense corporation under 
 28.20  section 611.216 has access to the criminal justice data 
 28.21  communications network described in section 299C.46, as provided 
 28.22  in this section.  Access to data under this section is limited 
 28.23  to data regarding the public defender's own client as necessary 
 28.24  to prepare criminal cases in which the public defender has been 
 28.25  appointed, including, but not limited to, criminal history data 
 28.26  under section 13.87; juvenile offender data under section 
 28.27  299C.095; warrant information data under section 299C.115; 
 28.28  incarceration data under section 299C.14; conditional release 
 28.29  data under section 299C.147; and diversion program data under 
 28.30  section 299C.46, subdivision 5.  The public defender does not 
 28.31  have access to law enforcement active investigative data under 
 28.32  section 13.82, subdivision 7; data protected under section 
 28.33  13.82, subdivision 17; or confidential arrest warrant indices 
 28.34  data under section 13.82, subdivision 19.  The public defender 
 28.35  has access to the data at no charge, except for the monthly 
 28.36  network access charge under section 299C.46, subdivision 3, 
 29.1   paragraph (b), and a reasonable installation charge for a 
 29.2   terminal.  Notwithstanding section 13.87, subdivision 3,; 
 29.3   299C.46, subdivision 3, paragraph (b); 299C.48, or any other law 
 29.4   to the contrary, there shall be no charge to public defenders 
 29.5   for Internet access to public criminal history data the criminal 
 29.6   justice data communications network. 
 29.7      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 29.8                              ARTICLE 4 
 29.9                            PUBLIC SAFETY 
 29.10     Section 1.  [299A.55] [METH LAB CONTAINMENT TEAMS.] 
 29.11     Subdivision 1.  [ESTABLISHMENT.] A grant program is 
 29.12  established under the administration of the commissioner of 
 29.13  public safety to assist local communities in their efforts to 
 29.14  contain and clean-up clandestine methamphetamine laboratories 
 29.15  and to preserve evidence for criminal trials. 
 29.16     Subd. 2.  [AWARDING GRANT.] The commissioner of public 
 29.17  safety is the fiscal agent for the grant program and is 
 29.18  responsible for receiving applications for grants and awarding 
 29.19  grants under this section.  Priority must be given to applicants 
 29.20  with high incidences of methamphetamine lab operations in the 
 29.21  applicant's narcotics task force area relative to the area's 
 29.22  population. 
 29.23     Subd. 3.  [GRANT PROCESS; REQUIREMENTS; USES.] (a) A city 
 29.24  may apply for a grant under this section by submitting an 
 29.25  application to the commissioner of public safety on a form 
 29.26  prescribed by the commissioner. 
 29.27     (b) To be eligible for a grant under this section, a city 
 29.28  must: 
 29.29     (1) be a member of a multijurisdictional narcotics task 
 29.30  force; 
 29.31     (2) have a full-time fire and police service; 
 29.32     (3) have on staff at least two peace officers trained by 
 29.33  the federal Drug Enforcement Agency in methamphetamine lab 
 29.34  containment and evidence collection.  If a city does not have 
 29.35  two officers with the training, it must agree to get the 
 29.36  training for at least two officers; and 
 30.1      (4) submit a plan for use of the grant funds that is 
 30.2   prepared in consultation with the other members of the city's 
 30.3   narcotics task force and that addresses how the city will 
 30.4   evaluate and report on the activities of the methamphetamine lab 
 30.5   containment team. 
 30.6      (c) A methamphetamine lab containment team established by a 
 30.7   city must: 
 30.8      (1) be comprised of at least one peace officer and one 
 30.9   firefighter and may utilize additional members and select a 
 30.10  captain or commander; and 
 30.11     (2) provide services throughout the area of the 
 30.12  multijurisdictional narcotics task force, including equipment 
 30.13  disbursement. 
 30.14     (d) A grant awarded under this section may be used for any 
 30.15  methamphetamine lab containment team activities or expenditures 
 30.16  including personnel costs, equipment, travel, and training. 
 30.17     Subd. 4.  [METH LAB CONTAINMENT TEAM POWERS.] A 
 30.18  methamphetamine lab containment team has the same 
 30.19  interjurisdictional authority as its corresponding narcotics 
 30.20  task force.  In addition to methamphetamine lab containment, 
 30.21  clean-up, and evidence collection, the teams may also be used to 
 30.22  secure areas, investigate, and gather evidence of other crimes 
 30.23  involving the use, or suspected or alleged use, of harmful or 
 30.24  volatile substances.  A methamphetamine lab containment team 
 30.25  must coordinate its efforts with a chemical assessment team if 
 30.26  that team also provides services for an incident.  
 30.27     Subd. 5.  [LOCAL MATCH.] A city that receives a grant under 
 30.28  this section must provide a 50 percent match from nonstate 
 30.29  sources.  Of the match amount, up to 50 percent may be from 
 30.30  in-kind contributions including asset contributions or personnel 
 30.31  costs. 
 30.32     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 30.33     Sec. 2.  Minnesota Statutes 2002, section 299C.05, is 
 30.34  amended to read: 
 30.35     299C.05 [DIVISION OF CRIMINAL STATISTICS.] 
 30.36     There is hereby established within the bureau a division of 
 31.1   criminal statistics, and the superintendent, within the limits 
 31.2   of membership herein prescribed, shall appoint a qualified 
 31.3   statistician and one assistant to be in charge thereof.  It 
 31.4   shall be the duty of this division to collect, and preserve as a 
 31.5   record of the bureau, information concerning the number and 
 31.6   nature of offenses known to have been committed in the state, of 
 31.7   the legal steps taken in connection therewith from the inception 
 31.8   of the complaint to the final discharge of the defendant, and 
 31.9   such other information as may be useful in the study of crime 
 31.10  and the administration of justice.  The information so collected 
 31.11  and preserved shall include such data as may be requested by the 
 31.12  United States department of justice, at Washington, under its 
 31.13  national system of crime reporting.  To the extent possible, the 
 31.14  superintendent must utilize a system or standard approved by the 
 31.15  Federal Bureau of Investigation to collect and preserve crime 
 31.16  data. 
 31.17     [EFFECTIVE DATE.] This section is effective the day 
 31.18  following final enactment. 
 31.19     Sec. 3.  Minnesota Statutes 2002, section 299C.06, is 
 31.20  amended to read: 
 31.21     299C.06 [DIVISION POWERS AND DUTIES; COOPERATION.] 
 31.22     It shall be the duty of all sheriffs, chiefs of police, 
 31.23  city marshals, constables, prison wardens, superintendents of 
 31.24  insane hospitals, reformatories and correctional schools, 
 31.25  probation and parole officers, school attendance officers, 
 31.26  coroners, county attorneys, court clerks, the commissioner of 
 31.27  public safety, the commissioner of transportation, and the state 
 31.28  fire marshal to furnish to the division statistics and 
 31.29  information regarding the number of crimes reported and 
 31.30  discovered, arrests made, complaints, informations, and 
 31.31  indictments, filed and the disposition made of same, pleas, 
 31.32  convictions, acquittals, probations granted or denied, 
 31.33  conditional release information, receipts, transfers, and 
 31.34  discharges to and from prisons, reformatories, correctional 
 31.35  schools, and other institutions, paroles granted and revoked, 
 31.36  commutation of sentences and pardons granted and rescinded, and 
 32.1   all other data useful in determining the cause and amount of 
 32.2   crime in this state and to form a basis for the study of crime, 
 32.3   police methods, court procedure, and penal problems. Such 
 32.4   statistics and information shall be furnished upon the request 
 32.5   of the division and upon such forms as may be prescribed and 
 32.6   furnished by it.  Unless otherwise required or permitted by the 
 32.7   superintendent of the bureau of criminal apprehension, an agency 
 32.8   or person furnishing information under this section must utilize 
 32.9   a nationally recognized system or standard approved by the 
 32.10  Federal Bureau of Investigation for reporting statistics and 
 32.11  information.  The division shall have the power to inspect and 
 32.12  prescribe the form and substance of the records kept by those 
 32.13  officials from which the information is so furnished. 
 32.14     [EFFECTIVE DATE.] This section is effective the day 
 32.15  following final enactment. 
 32.16     Sec. 4.  Minnesota Statutes 2002, section 299C.10, 
 32.17  subdivision 4, is amended to read: 
 32.18     Subd. 4.  [FEE FOR BACKGROUND CHECK; ACCOUNT; 
 32.19  APPROPRIATION.] The superintendent shall collect a fee in an 
 32.20  amount to cover the expense for each background check provided 
 32.21  for a purpose not directly related to the criminal justice 
 32.22  system or required by section 624.7131, 624.7132, or 624.714.  
 32.23  The proceeds of the fee must be deposited in a special account.  
 32.24  Money in the account is annually appropriated to the 
 32.25  commissioner to maintain and improve the quality of the criminal 
 32.26  record system in Minnesota.  The superintendent shall collect an 
 32.27  additional handling fee of $7 for FBI background fingerprint 
 32.28  checks. 
 32.29     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 32.30     Sec. 5.  Minnesota Statutes 2002, section 299C.10, is 
 32.31  amended by adding a subdivision to read: 
 32.32     Subd. 5.  [FEE FOR TAKING FINGERPRINTS; ACCOUNT; 
 32.33  APPROPRIATION.] The superintendent may charge a fee of $10 for 
 32.34  the taking of fingerprints for the public when required by an 
 32.35  employer or government entity for either employment or 
 32.36  licensing.  No fee will be charged when there is a question of 
 33.1   whether or not the person is the subject of a criminal history 
 33.2   record.  The proceeds of the fee must be deposited in an account 
 33.3   in the special revenue fund.  Money in the account is annually 
 33.4   appropriated to the commissioner to maintain and improve the 
 33.5   quality of the criminal record system in Minnesota. 
 33.6      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 33.7      Sec. 6.  Minnesota Statutes 2002, section 299C.48, is 
 33.8   amended to read: 
 33.9      299C.48 [CONNECTION BY AUTHORIZED AGENCY; STANDING 
 33.10  APPROPRIATION.] 
 33.11     (a) An agency authorized under section 299C.46, subdivision 
 33.12  3, may connect with and participate in the criminal justice data 
 33.13  communications network upon approval of the commissioner of 
 33.14  public safety; provided, that the agency shall first agree to 
 33.15  pay installation charges as may be necessary for connection and 
 33.16  monthly operational charges as may be established by the 
 33.17  commissioner of public safety.  Before participation by a 
 33.18  criminal justice agency may be approved, the agency must have 
 33.19  executed an agreement with the commissioner providing for 
 33.20  security of network facilities and restrictions on access to 
 33.21  data supplied to and received through the network. 
 33.22     (b) In addition to any fee otherwise authorized, the 
 33.23  commissioner of public safety shall impose a fee for providing 
 33.24  secure dial-up or Internet access for criminal justice agencies 
 33.25  and noncriminal justice agencies.  The following monthly fees 
 33.26  apply: 
 33.27     (1) criminal justice agency accessing via Internet, $15; 
 33.28     (2) criminal justice agency accessing via dial-up, $35; 
 33.29     (3) noncriminal justice agency accessing via Internet, $35; 
 33.30  and 
 33.31     (4) noncriminal justice agency accessing via dial-up, $35. 
 33.32     (c) The installation and monthly operational charges 
 33.33  collected by the commissioner of public safety under paragraph 
 33.34  paragraphs (a) and (b) are annually appropriated to the 
 33.35  commissioner to administer sections 299C.46 to 299C.50. 
 33.36     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 34.1      Sec. 7.  Minnesota Statutes 2002, section 299F.46, 
 34.2   subdivision 1, is amended to read: 
 34.3      Subdivision 1.  [HOTEL INSPECTION.] (a) It shall be the 
 34.4   duty of the commissioner of public safety to inspect, or cause 
 34.5   to be inspected, at least once every three years, every hotel in 
 34.6   this state; and, for that purpose, the commissioner, or the 
 34.7   commissioner's deputies, or designated alternates or agents 
 34.8   shall have the right to enter or have access thereto at any 
 34.9   reasonable hour; and, when, upon such inspection, it shall be 
 34.10  found that the hotel so inspected does not conform to or is not 
 34.11  being operated in accordance with the provisions of sections 
 34.12  157.011 and 157.15 to 157.22, in so far as the same relate to 
 34.13  fire prevention or fire protection of hotels, or the rules 
 34.14  promulgated thereunder, or is being maintained or operated in 
 34.15  such manner as to violate the Uniform Minnesota State Fire Code 
 34.16  promulgated pursuant to section 299F.011 or any other law of 
 34.17  this state relating to fire prevention and fire protection of 
 34.18  hotels, the commissioner and the deputies or designated 
 34.19  alternates or agents shall report such a situation to the hotel 
 34.20  inspector who shall proceed as provided for in chapter 157. 
 34.21     (b) The word "hotel", as used in this subdivision, has the 
 34.22  meaning given in section 299F.391. 
 34.23     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 34.24     Sec. 8.  Minnesota Statutes 2002, section 299F.46, is 
 34.25  amended by adding a subdivision to read: 
 34.26     Subd. 3.  [INSPECTION FEES.] (a) For each hotel required to 
 34.27  have a fire inspection according to subdivision 1, the 
 34.28  commissioner of public safety is authorized to charge each hotel 
 34.29  a triennial inspection fee of $435 and a per room charge of $5 
 34.30  for one to 18 units; $6 for 19 to 35 units; $7 for 36 to 100 
 34.31  units, and $8 for 100 or more units.  The fee includes one 
 34.32  follow-up inspection.  The commissioner shall charge each resort 
 34.33  a triennial inspection fee of $435 and a per room charge of $5 
 34.34  for one to 10 units; $6 for 11 to 25 units; and $7 for 26 or 
 34.35  more units.  
 34.36     A fee of $225 shall be charged for each additional 
 35.1   follow-up inspection for hotels and resorts, conducted in each 
 35.2   three-year cycle that is necessary to bring the hotel or resort 
 35.3   into compliance with the state fire code. 
 35.4      (b) Nothing in this subdivision shall prevent the 
 35.5   designated agent from continuing to charge an inspection fee or 
 35.6   from establishing a new inspection fee. 
 35.7      (c) Resorts classified as 1c under section 273.13 are 
 35.8   exempt from the fee requirements of this subdivision. 
 35.9      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 35.10     Sec. 9.  Minnesota Statutes 2002, section 299F.46, is 
 35.11  amended by adding a subdivision to read: 
 35.12     Subd. 4.  [SPECIAL ACCOUNT.] Money received by the state 
 35.13  fire marshal division for this program must be deposited in the 
 35.14  state treasury and credited to a state fire marshal hotel 
 35.15  inspection dedicated account in the special revenue fund.  All 
 35.16  money in the state fire marshal hotel inspection dedicated 
 35.17  account is annually appropriated to the commissioner of public 
 35.18  safety for purposes of operating and administering this program. 
 35.19     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 35.20     Sec. 10.  [299F.47] [PUBLIC SCHOOL INSPECTIONS.] 
 35.21     Subdivision 1.  [INSPECTION REQUIRED.] The state fire 
 35.22  marshal shall develop a plan to inspect once every three years 
 35.23  every public school facility used for educational purposes.  The 
 35.24  state fire marshal shall charge school districts $0.014 per 
 35.25  square foot for each school building inspected.  These rates 
 35.26  shall include two follow-up inspections or on-site 
 35.27  consultations.  If additional follow-up inspections or 
 35.28  consultations are needed, the state fire marshal shall charge 
 35.29  $0.005 per square foot for each additional follow-up inspection 
 35.30  to each applicable building in which a follow-up inspection is 
 35.31  needed. 
 35.32     Subd. 2.  [CHARTER SCHOOLS.] The state fire marshal shall 
 35.33  charge charter schools $100 for each school building inspected.  
 35.34  This rate shall include two follow-up inspections or on-site 
 35.35  consultations.  If additional follow-up inspections or 
 35.36  consultations are needed, the state fire marshal shall charge 
 36.1   $50 for each additional follow-up inspection to each applicable 
 36.2   building in which a follow-up inspection is needed. 
 36.3      Subd. 3.  [SPECIAL ACCOUNT.] Money received by the state 
 36.4   fire marshal division for this program must be deposited in the 
 36.5   state treasury and credited to a state fire marshal school 
 36.6   inspection dedicated account in the special revenue fund.  All 
 36.7   money in the state fire marshal school inspection account is 
 36.8   annually appropriated to the commissioner of public safety for 
 36.9   purposes of operating and administering this program. 
 36.10     Subd. 4.  [LOCAL INSPECTIONS.] If inspections of public 
 36.11  school buildings and charter schools were conducted by local 
 36.12  units of government between January 1, 1987, and January 1, 
 36.13  1990, then inspections may continue to be provided by the local 
 36.14  unit of government. 
 36.15     Subd. 5.  [VARIANCE.] Notwithstanding section 299F.011, 
 36.16  subdivisions 5a and 5b, a variance from the code must be 
 36.17  approved by the state fire marshal before taking effect. 
 36.18     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 36.19     Sec. 11.  Minnesota Statutes 2002, section 299M.01, is 
 36.20  amended by adding a subdivision to read: 
 36.21     Subd. 8a.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 36.22  CONTRACTOR.] "Multipurpose potable water piping system 
 36.23  contractor" means a person who contracts to sell, design, 
 36.24  install, modify, or inspect a multipurpose potable water piping 
 36.25  system, its parts, or related equipment. 
 36.26     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 36.27     Sec. 12.  Minnesota Statutes 2002, section 299M.01, is 
 36.28  amended by adding a subdivision to read: 
 36.29     Subd. 8b.  [MULTIPURPOSE POTABLE WATER PIPING 
 36.30  SYSTEM.] "Multipurpose potable water piping system" means a 
 36.31  potable water piping system that is intended to serve both 
 36.32  domestic and fire protection needs throughout a one- or 
 36.33  two-family dwelling unit.  No person may install a multipurpose 
 36.34  potable water piping system unless that person is licensed 
 36.35  pursuant to section 326.40 and is certified pursuant to section 
 36.36  299M.03. 
 37.1      [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 37.2      Sec. 13.  Minnesota Statutes 2002, section 299M.01, is 
 37.3   amended by adding a subdivision to read: 
 37.4      Subd. 8c.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 37.5   INSTALLER.] "Multipurpose potable water piping system installer" 
 37.6   means a person who is certified as competent to engage in 
 37.7   installing, connecting, altering, repairing, or adding to a 
 37.8   residential multipurpose potable water piping system in a one- 
 37.9   or two-family dwelling unit. 
 37.10     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 37.11     Sec. 14.  Minnesota Statutes 2002, section 299M.03, is 
 37.12  amended by adding a subdivision to read: 
 37.13     Subd. 1a.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 37.14  CONTRACTOR LICENSE.] Except for residential installations by the 
 37.15  owner-occupant of a one- or two-family dwelling, a person may 
 37.16  not sell, design, install, modify, or inspect a multipurpose 
 37.17  potable water piping system, its parts, or related equipment, or 
 37.18  offer to do so, unless annually licensed to perform these duties 
 37.19  as a multipurpose potable water piping system contractor.  No 
 37.20  license is required under this section for a person licensed as 
 37.21  a professional engineer under section 326.03 who is competent in 
 37.22  fire protection system design. 
 37.23     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 37.24     Sec. 15.  Minnesota Statutes 2002, section 299M.03, is 
 37.25  amended by adding a subdivision to read: 
 37.26     Subd. 3.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 37.27  INSTALLER CERTIFICATE.] Except for residential installations by 
 37.28  the owner-occupant of a one- or two-family dwelling, a person 
 37.29  may not install, connect, alter, repair, or add to a 
 37.30  multipurpose potable water piping system, unless annually 
 37.31  certified to perform these duties as a multipurpose potable 
 37.32  water piping system installer.  A multipurpose potable water 
 37.33  piping system installer certificate only allows the certificate 
 37.34  holder to work on one- and two-family residential units. 
 37.35     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 37.36     Sec. 16.  Minnesota Statutes 2002, section 299M.03, is 
 38.1   amended by adding a subdivision to read: 
 38.2      Subd. 4.  [JOURNEYMAN SPRINKLER FITTER CERTIFICATION FEE; 
 38.3   ANNUAL APPROPRIATION.] The state fire marshal shall charge $55 
 38.4   to conduct and administer the journeyman sprinkler fitter 
 38.5   certification process.  Money received by the state fire marshal 
 38.6   division for the administration of this program must be 
 38.7   deposited in the state treasury and credited to a state fire 
 38.8   marshal dedicated account in the special revenue fund.  All 
 38.9   money in the state fire marshal account is annually appropriated 
 38.10  to the commissioner of public safety for purposes of 
 38.11  administering this program. 
 38.12     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 38.13     Sec. 17.  Minnesota Statutes 2002, section 299M.04, is 
 38.14  amended to read: 
 38.15     299M.04 [RULES, FEES, ORDERS, PENALTIES.] 
 38.16     The commissioner shall adopt permanent rules for operation 
 38.17  of the council; regulation by municipalities; qualifications, 
 38.18  examination, and licensing of fire protection contractors; 
 38.19  licensing of multipurpose potable water piping system 
 38.20  contractors; certification of multipurpose potable water piping 
 38.21  system installers; certification of journeyman sprinkler 
 38.22  fitters; registration of apprentices; and the administration and 
 38.23  enforcement of this chapter.  Permit fees must be a percentage 
 38.24  of the total cost of the fire protection work. 
 38.25     The commissioner may issue a cease and desist order to 
 38.26  cease an activity considered an immediate risk to public health 
 38.27  or public safety.  The commissioner shall adopt permanent rules 
 38.28  governing when an order may be issued; how long the order is 
 38.29  effective; notice requirements; and other procedures and 
 38.30  requirements necessary to implement, administer, and enforce the 
 38.31  provisions of this chapter.  
 38.32     The commissioner, in place of or in addition to licensing 
 38.33  sanctions allowed under this chapter, may impose a civil penalty 
 38.34  not greater than $1,000 for each violation of this chapter or 
 38.35  rule adopted under this chapter, for each day of violation.  The 
 38.36  commissioner shall adopt permanent rules governing and 
 39.1   establishing procedures for implementation, administration, and 
 39.2   enforcement of this paragraph.  
 39.3      [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 39.4      Sec. 18.  Minnesota Statutes 2002, section 299M.11, 
 39.5   subdivision 1, is amended to read: 
 39.6      Subdivision 1.  [LICENSING FEE.] A person required to be 
 39.7   licensed under section 299M.03, subdivision 1 or 1a, shall, 
 39.8   before receipt of the license and before causing fire 
 39.9   protection-related work or multipurpose potable water piping 
 39.10  system work to be performed, pay the commissioner an annual 
 39.11  license fee. 
 39.12     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 39.13     Sec. 19.  Minnesota Statutes 2002, section 299M.11, 
 39.14  subdivision 2, is amended to read: 
 39.15     Subd. 2.  [CERTIFICATION FEE.] Employees required to be 
 39.16  certified under section 299M.03, subdivision 2 or 3, shall, 
 39.17  before performing fire protection-related work or multipurpose 
 39.18  potable water piping system work, pay the commissioner an annual 
 39.19  certification fee. 
 39.20     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 39.21     Sec. 20.  Minnesota Statutes 2002, section 609.119, is 
 39.22  amended to read: 
 39.23     609.119 [ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR 
 39.24  DNA TESTING.] 
 39.25     (a) From July 1, 2002 2003, to June 30, 2003 2005, The 
 39.26  court shall order an offender to provide a biological specimen 
 39.27  for the purpose of future DNA analysis as described in section 
 39.28  299C.155 when: 
 39.29     (1) the court sentences a person charged with committing or 
 39.30  attempting to commit a felony offense not described in section 
 39.31  609.117, subdivision 1, and the person is convicted of that 
 39.32  offense or of any felony offense arising out of the same set of 
 39.33  circumstances; or 
 39.34     (2) the juvenile court adjudicates a person a delinquent 
 39.35  child who is petitioned for committing or attempting to commit a 
 39.36  felony offense not described in section 609.117, subdivision 1, 
 40.1   and is adjudicated delinquent for that offense or any 
 40.2   felony-level offense arising out of the same set of 
 40.3   circumstances. 
 40.4   The biological specimen shall be maintained by the bureau of 
 40.5   criminal apprehension as provided in section 299C.155. 
 40.6      (b) From July 1, 2002 2003, to June 30, 2003 2005, the 
 40.7   commissioner of corrections or local corrections authority shall 
 40.8   order a person to provide a biological specimen for the purpose 
 40.9   of future DNA analysis as described in section 299C.155 before 
 40.10  completion of the person's term of imprisonment when the person 
 40.11  has not provided a biological specimen for the purpose of DNA 
 40.12  analysis, and the person: 
 40.13     (1) was initially charged with committing or attempting to 
 40.14  commit a felony offense not described in section 609.117, 
 40.15  subdivision 1, and was convicted of that offense or of any 
 40.16  felony offense arising out of the same set of circumstances; or 
 40.17     (2) is serving a term of imprisonment in this state under a 
 40.18  reciprocal agreement although convicted in another state of 
 40.19  committing or attempting to commit a felony offense not 
 40.20  described in section 609.117, subdivision 1, or of any felony 
 40.21  offense arising out of the same set of circumstances if the 
 40.22  person was initially charged with committing or attempting to 
 40.23  commit a felony offense not described in section 609.117, 
 40.24  subdivision 1.  
 40.25  The commissioner of corrections or local corrections authority 
 40.26  shall forward the sample to the bureau of criminal apprehension. 
 40.27     (c) From July 1, 2002 2003, to June 30, 2003 2005, when the 
 40.28  state accepts an offender from another state under the 
 40.29  interstate compact authorized by section 243.16 or 243.1605, the 
 40.30  acceptance is conditional on the offender providing a biological 
 40.31  specimen for the purposes of future DNA analysis as described in 
 40.32  section 299C.155, if the offender was initially charged with 
 40.33  committing or attempting to commit a felony offense not 
 40.34  described in section 609.117, subdivision 1, and was convicted 
 40.35  of that offense or of any felony offense arising out of the same 
 40.36  set of circumstances.  The specimen must be provided under 
 41.1   supervision of staff from the department of corrections or a 
 41.2   Community Corrections Act county within 15 business days after 
 41.3   the offender reports to the supervising agent.  The cost of 
 41.4   obtaining the biological specimen is the responsibility of the 
 41.5   agency providing supervision. 
 41.6      [EFFECTIVE DATE.] This section is effective July 1, 2003 
 41.7   and applies to offenders sentenced, released from incarceration, 
 41.8   or accepted for supervision on or after that date. 
 41.9      Sec. 21.  [REPEALER.] 
 41.10     Minnesota Statutes 2002, section 123B.73 is repealed. 
 41.11     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 41.12                             ARTICLE 5 
 41.13                   CORRECTIONS POLICY PROVISIONS
 41.14     Section 1.  Minnesota Statutes 2002, section 241.016, 
 41.15  subdivision 1, is amended to read: 
 41.16     Subdivision 1.  [ANNUAL BIENNIAL REPORT.] (a) The 
 41.17  department of corrections shall submit a performance report to 
 41.18  the chairs and ranking minority members of the senate and house 
 41.19  committees and divisions having jurisdiction over criminal 
 41.20  justice funding by January 15 of each year, 2005, and every 
 41.21  other year thereafter.  The issuance and content of the report 
 41.22  must include the following: 
 41.23     (1) department strategic mission, goals, and objectives; 
 41.24     (2) the department-wide per diem, adult facility-specific 
 41.25  per diems, and an average per diem, reported in a standard 
 41.26  calculated method as outlined in the departmental policies and 
 41.27  procedures; and 
 41.28     (3) department annual statistics as outlined in the 
 41.29  departmental policies and procedures.  
 41.30     (b) The department shall maintain recidivism rates for 
 41.31  adult facilities on an annual basis.  In addition, each year the 
 41.32  department shall, on an alternating basis, complete a recidivism 
 41.33  analysis of adult facilities, juvenile services, and the 
 41.34  community services divisions and include a three-year recidivism 
 41.35  analysis in the report described in paragraph (a).  When 
 41.36  appropriate, the recidivism analysis must include education 
 42.1   programs, vocational programs, treatment programs, industry, and 
 42.2   employment. 
 42.3      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 42.4      Sec. 2.  Minnesota Statutes 2002, section 243.53, 
 42.5   subdivision 1, is amended to read: 
 42.6      Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
 42.7   sufficient cells available, each inmate shall be confined in a 
 42.8   separate cell.  Each inmate shall be confined in a separate cell 
 42.9   in institutions classified by the commissioner as custody level 
 42.10  five and six institutions.  This requirement does not apply to 
 42.11  the following: 
 42.12     (1) geriatric dormitory-type facilities; 
 42.13     (2) honor dormitory-type facilities; and 
 42.14     (3) any other multiple occupancy facility at a custody 
 42.15  level five or six institution that confines inmates who could be 
 42.16  confined in an institution at custody level four or lower. 
 42.17     (b) Correctional institutions classified by the 
 42.18  commissioner as custody level one, two, three, or four, or five 
 42.19  institutions, to the greatest extent possible, must permit 
 42.20  multiple occupancy, within the limits of the facility 
 42.21  infrastructure and programming space, except segregation units, 
 42.22  to the greatest extent possible. 
 42.23     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 42.24     Sec. 3.  [243.557] [INMATE FOOD.] 
 42.25     Where inmates in a state correctional facility are not 
 42.26  routinely absent from the facility for work or other purposes, 
 42.27  the commissioner, to the extent possible, must make three meals 
 42.28  available Monday through Friday, excluding holidays, and two 
 42.29  meals available on Saturdays, Sundays, and holidays. 
 42.30     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 42.31     Sec. 4.  [244.175] [PRIVATE, NONPROFIT FAITH-BASED 
 42.32  INSTITUTION PROGRAM.] 
 42.33     Subdivision 1.  [DEFINITIONS.] (a) The terms in this 
 42.34  subdivision apply to this section. 
 42.35     (b) "Remaining term of imprisonment" as applied to inmates 
 42.36  whose crimes were committed before August 1, 1993, is the period 
 43.1   of time for which an inmate is committed to the custody of the 
 43.2   commissioner of corrections minus earned good time and jail 
 43.3   credit, if any. 
 43.4      (c) "Remaining term of imprisonment" as applied to inmates 
 43.5   whose crimes were committed on or after August 1, 1993, is the 
 43.6   period of time equal to two-thirds of the inmate's executed 
 43.7   sentence, minus jail credit, if any. 
 43.8      Subd. 2.  [GENERALLY.] An inmate who meets the eligibility 
 43.9   requirements of subdivision 2 may apply to spend the final 12 to 
 43.10  16 months of the inmates remaining term of imprisonment in a 
 43.11  correctional institution operated by a private, nonprofit 
 43.12  faith-based organization. 
 43.13     Subd. 3.  [ELIGIBILITY.] Any inmate who has fewer than 24 
 43.14  months of a remaining term of imprisonment may apply to the 
 43.15  commissioner for a transfer to a private, nonprofit faith-based, 
 43.16  licensed correctional institution for the final 12 to 16 months 
 43.17  of the inmate's remaining term of imprisonment. 
 43.18     Subd. 4.  [COMMISSIONER'S AUTHORITY.] The commissioner may 
 43.19  establish guidelines for inmate participation.  The commissioner 
 43.20  may refuse an application by an inmate to transfer to a private, 
 43.21  nonprofit faith-based institution without cause.  The 
 43.22  commissioner's decision is final and nonreviewable. 
 43.23     Subd. 5.  [ELIGIBLE ORGANIZATION.] The commissioner may 
 43.24  establish guidelines for an organization to be eligible to 
 43.25  incarcerate inmates under this section.  At a minimum, the 
 43.26  organization must be licensed to operate a correctional facility 
 43.27  under section 241.021.  The commissioner's guidelines must be 
 43.28  neutral as to the religious affiliation, if any, of the 
 43.29  organization. 
 43.30     Subd. 6.  [ORGANIZATION'S AUTHORITY.] An organization that 
 43.31  operates a private, nonprofit faith-based program has the right 
 43.32  to refuse to accept any applicant without cause.  The 
 43.33  organization's decision is final and nonreviewable. 
 43.34     Subd. 7.  [PER DIEM.] The department shall pay an 
 43.35  organization that incarcerates an inmate under this section a 
 43.36  per diem amount no larger than the per diem cost to the 
 44.1   department to incarcerate the inmate.  The per diem is 
 44.2   non-negotiable.  Participating organizations must keep a 
 44.3   separate account for public per diem funds received from the 
 44.4   department of corrections.  This fund must be subject to review 
 44.5   by the department of corrections and the legislature.  No 
 44.6   portion of the state funding may be used by a participating 
 44.7   organization to fund religious programming.  
 44.8      Sec. 5.  Minnesota Statutes 2002, section 609.105, 
 44.9   subdivision 1, is amended to read: 
 44.10     Subdivision 1.  In a felony sentence to imprisonment, when 
 44.11  the remaining term of imprisonment is for more than one year 180 
 44.12  days or less, the defendant shall commit the defendant be 
 44.13  committed to the custody of the commissioner of corrections and 
 44.14  must serve the remaining term of imprisonment at a workhouse, 
 44.15  work farm, county jail, or other place authorized by law.  
 44.16     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 44.17     Sec. 6.  Minnesota Statutes 2002, section 609.105, is 
 44.18  amended by adding a subdivision to read: 
 44.19     Subd. 1a.  [DEFINITIONS.] (a) The terms in this subdivision 
 44.20  apply to this section. 
 44.21     (b) "Remaining term of imprisonment" as applied to inmates 
 44.22  whose crimes were committed before August 1, 1993, is the period 
 44.23  of time for which an inmate is committed to the custody of the 
 44.24  commissioner of corrections minus earned good time and jail 
 44.25  credit, if any. 
 44.26     (c) "Remaining term of imprisonment" as applied to inmates 
 44.27  whose crimes were committed on or after August 1, 1993, is the 
 44.28  period of time equal to two-thirds of the inmate's executed 
 44.29  sentence, minus jail credit, if any. 
 44.30     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 44.31     Sec. 7.  Minnesota Statutes 2002, section 609.105, is 
 44.32  amended by adding a subdivision to read: 
 44.33     Subd. 1b.  [SENTENCE TO MORE THAN 180 DAYS.] A felony 
 44.34  sentence to imprisonment when the warrant of commitment has a 
 44.35  remaining term of imprisonment for more than 180 days shall 
 44.36  commit the defendant to the custody of the commissioner of 
 45.1   corrections. 
 45.2      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 45.3      Sec. 8.  [641.015] [PLACEMENT IN PRIVATE PRISONS 
 45.4   AUTHORIZED.] 
 45.5      If there is insufficient capacity in a county jail, the 
 45.6   county board may authorize the sheriff to contract with private 
 45.7   prisons for the care, custody, and rehabilitation of offenders 
 45.8   for whom there is insufficient space.  
 45.9      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 45.10     Sec. 9.  Minnesota Statutes 2002, section 641.14, is 
 45.11  amended to read: 
 45.12     641.14 [JAILS; SEPARATION OF PRISONERS.] 
 45.13     The sheriff of each county is responsible for the operation 
 45.14  and condition of the jail.  If construction of the jail permits, 
 45.15  the sheriff may permit multiple occupancy but the sheriff shall 
 45.16  maintain strict separation of prisoners to the extent that 
 45.17  separation is consistent with prisoners' security, safety, 
 45.18  health, and welfare.  The sheriff shall not keep in the same 
 45.19  room or section of the jail: 
 45.20     (1) a minor under 18 years old and a prisoner who is 18 
 45.21  years old or older, unless: 
 45.22     (i) the minor has been committed to the commissioner of 
 45.23  corrections under section 609.105; 
 45.24     (ii) the minor has been referred for adult prosecution and 
 45.25  the prosecuting authority has filed a notice of intent to 
 45.26  prosecute the matter for which the minor is being held under 
 45.27  section 260B.125; or 
 45.28     (iii) the minor is 16 or 17 years old and has been indicted 
 45.29  for murder in the first degree; 
 45.30     (2) a female prisoner and a male prisoner; and 
 45.31     (3) a minor under 18 years old and an extended jurisdiction 
 45.32  juvenile 18 years old or older who is alleged to have violated 
 45.33  the conditions of the stay of execution. 
 45.34     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 45.35     Sec. 10.  Minnesota Statutes 2002, section 641.263, is 
 45.36  amended by adding a subdivision to read: 
 46.1      Subd. 5.  [MULTIPLE OCCUPANCY CELLS.] If construction of 
 46.2   the jail permits, the board may, by resolution, authorize 
 46.3   multiple occupancy, but the superintendent must maintain strict 
 46.4   separation of prisoners to the extent that separation is 
 46.5   necessary to ensure prisoners' security, safety, health, and 
 46.6   welfare. 
 46.7      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 46.8      Sec. 11.  Minnesota Statutes 2002, section 641.263, is 
 46.9   amended by adding a subdivision to read: 
 46.10     Subd. 6.  [PLACEMENT IN PRIVATE PRISONS AUTHORIZED.] If 
 46.11  there is insufficient capacity in a regional jail, the board may 
 46.12  contract with private prisons for the care, custody, and 
 46.13  rehabilitation of offenders for whom there is insufficient space.
 46.14     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 46.15     Sec. 12.  [PRIVATIZATION PROPOSALS.] 
 46.16     (a) The commissioner of corrections, in consultation with 
 46.17  the commissioner of administration, must issue a request for 
 46.18  proposals by September 1, 2003, for one or more vendors to 
 46.19  provide correctional facility or facilities, for persons 
 46.20  committed to the commissioner of corrections on or after July 1, 
 46.21  2006.  The request for proposals issued under this section must 
 46.22  relate to the care, custody, and programming for all of state or 
 46.23  county housed offenders with remaining term of imprisonment of 
 46.24  less than 365 days.  The commissioner may consider proposals 
 46.25  from: 
 46.26     (1) private vendors with facilities either within or 
 46.27  outside of Minnesota; 
 46.28     (2) consortia of counties; 
 46.29     (3) nonprofit entities; 
 46.30     (4) Camp Ripley; 
 46.31     (5) regional treatment centers; or 
 46.32     (6) any other state partnerships. 
 46.33     (b) The commissioner must consider the following factors in 
 46.34  issuing the request for proposals: 
 46.35     (1) type and length of programming for offenders serving 
 46.36  less than one year; 
 47.1      (2) the transport of offenders to and from the proposed 
 47.2   facility; 
 47.3      (3) detailed current and future costs and per diems 
 47.4   associated with the proposed facility; 
 47.5      (4) admission and release procedures of the proposed 
 47.6   facility; 
 47.7      (5) insurance of the proposed vendor; and 
 47.8      (6) other factors deemed appropriate for consideration by 
 47.9   the commissioner of corrections. 
 47.10     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 47.11     Sec. 13.  [PRISON PRIVATIZATION ADVISORY COMMITTEE.] 
 47.12     Subdivision 1.  [CREATION; MEMBERSHIP.] The commissioner of 
 47.13  corrections shall convene an advisory committee to review and 
 47.14  make recommendations on the prison privatization proposals 
 47.15  received pursuant to section 11.  The advisory group shall 
 47.16  consist of the: 
 47.17     (1) commissioner of corrections or the commissioner's 
 47.18  designee; 
 47.19     (2) deputy commissioner of corrections who has supervision 
 47.20  and control over correctional facilities; 
 47.21     (3) commissioner of administration or the commissioner's 
 47.22  designee; 
 47.23     (4) executive director of the Minnesota sheriff's 
 47.24  association or the director's designee; 
 47.25     (5) two members from the house of representatives, one a 
 47.26  majority member and one a minority member, appointed by the 
 47.27  speaker of the house; and 
 47.28     (6) two members from the senate, one a majority member and 
 47.29  one a minority member, appointed by the president of the senate. 
 47.30     Subd. 2.  [CHAIRPERSONS.] The appointed majority members of 
 47.31  the house and senate shall co-chair the advisory group. 
 47.32     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 47.33     Sec. 14.  [COST-EFFECTIVENESS STUDY; PRISON PRIVATIZATION.] 
 47.34     By February 1, 2004, the commissioner of corrections shall 
 47.35  report to the chairs and ranking minority members of the 
 47.36  legislative committees having jurisdiction over corrections and 
 48.1   judiciary policy and finance on the proposals obtained pursuant 
 48.2   to section 11 and the recommendations from the advisory group 
 48.3   created in section 12. 
 48.4      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 48.5      Sec. 15.  [CREATION OF PRETRIAL DIVERSION STUDY GROUP.] 
 48.6      The Sentencing Guidelines Commission shall convene a work 
 48.7   group of criminal justice professionals to study and make 
 48.8   recommendations on the equitable use of pretrial diversion in 
 48.9   each county to accomplish the following goals: 
 48.10     (1) to provide eligible offenders with an alternative to 
 48.11  confinement and a criminal conviction; 
 48.12     (2) to reduce the costs and caseload burdens on the 
 48.13  criminal justice system; 
 48.14     (3) to minimize recidivism among diverted offenders; 
 48.15     (4) to promote the collection of restitution to the victim 
 48.16  of the offender's crime; and 
 48.17     (5) to develop responsible alternatives to the criminal 
 48.18  justice system for eligible offenders. 
 48.19  The Sentencing Guidelines Commission shall report to the chairs 
 48.20  and ranking minority members of the committees having 
 48.21  jurisdiction over criminal justice policy and funding on 
 48.22  February 1, 2004. 
 48.23     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 48.24     Sec. 16.  [REPEALER.] 
 48.25     Laws 2002, chapter 220, article 6, section 6, is repealed. 
 48.26     Minnesota Statutes 2002, sections 241.41; 241.42; 241.43; 
 48.27  241.44; 241.441; and 241.45, are repealed. 
 48.28     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 48.29     Sec. 17.  [EXPIRATION.] 
 48.30     Sections 5, 6, and 7 expire on July 1, 2007. 
 48.31                             ARTICLE 6 
 48.32                             PROBATION
 48.33     Section 1.  [244.196] [DEFINITIONS.] 
 48.34     Subdivision 1.  [DEFINITIONS.] As used in sections 244.196 
 48.35  to 244.199, the following terms have the meanings given them. 
 48.36     Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
 49.1   section 609.02, subdivision 15. 
 49.2      Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
 49.3   violation sanction" includes, but is not limited to, electronic 
 49.4   monitoring, intensive probation, sentencing to service, 
 49.5   reporting to a day reporting center, chemical dependency or 
 49.6   mental health treatment or counseling, community work service, 
 49.7   remote electronic alcohol monitoring, random drug testing, and 
 49.8   participation in an educational or restorative justice program. 
 49.9   A probation violation sanction does not include any type of 
 49.10  custodial sanction, including, but not limited to, detention and 
 49.11  incarceration. 
 49.12     Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
 49.13  means a voluntary conference at which the county probation 
 49.14  officer, offender, and, if appropriate, other interested parties 
 49.15  meet to discuss the probation violation sanction for the 
 49.16  offender's technical violation of probation. 
 49.17     Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
 49.18  conference form" means a form developed by the chief executive 
 49.19  officer of a local corrections agency with the approval of the 
 49.20  district court that explains the sanctions conference and the 
 49.21  offender's option to elect to participate in the sanctions 
 49.22  conference or to proceed to a judicial hearing. 
 49.23     Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
 49.24  means any violation of a court order of probation, except an 
 49.25  allegation of a subsequent criminal act that is alleged in a 
 49.26  formal complaint, citation, or petition. 
 49.27     Sec. 2.  [244.197] [INITIATION OF SANCTIONS CONFERENCE.] 
 49.28     Subdivision 1.  [AUTHORITY.] Unless the district court 
 49.29  directs otherwise, a probation agency may use a sanctions 
 49.30  conference to address an offender's technical violation of 
 49.31  probation. 
 49.32     Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
 49.33  has reason to believe that an offender has committed a technical 
 49.34  violation of probation, the agency shall notify the offender in 
 49.35  writing of the specific nature of the technical violation and 
 49.36  the scheduling of a sanctions conference, including the date, 
 50.1   time, and location of the sanctions conference.  The notice 
 50.2   shall also state that if the offender fails to appear at the 
 50.3   sanctions conference, the probation agency may apprehend and 
 50.4   detain the offender under section 244.195 and ask the court to 
 50.5   commence revocation proceedings under section 609.14 and rule 
 50.6   27.04 of the Rules of Criminal Procedure.  To the extent 
 50.7   feasible, the sanctions conference must take place within seven 
 50.8   days of mailing of the notice to the offender. 
 50.9      Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
 50.10  conference, the county probation officer shall provide the 
 50.11  offender with a copy of a sanctions conference form explaining 
 50.12  the sanctions conference and the offender's options for 
 50.13  proceeding.  The offender must stipulate, in writing, that the 
 50.14  offender has received a copy of the sanctions conference form 
 50.15  and that the offender understands the information contained in 
 50.16  the form and the options available to the offender.  The 
 50.17  offender also must declare, in writing, the offender's decision 
 50.18  to either participate in the sanctions conference or proceed 
 50.19  with a judicial hearing. 
 50.20     Sec. 3.  [244.198] [PARTICIPATION IN SANCTIONS CONFERENCE.] 
 50.21     Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
 50.22  elects to participate in the sanctions conference, the county 
 50.23  probation officer shall inform the offender, orally and in 
 50.24  writing, of the probation violation sanction that the county 
 50.25  probation officer is recommending for the technical violation of 
 50.26  probation.  The county probation officer shall inform the 
 50.27  offender that the probation violation sanction becomes effective 
 50.28  upon confirmation by a judge of the district court. 
 50.29     Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
 50.30  elects to participate in the sanctions conference, the county 
 50.31  probation officer conducting the sanctions conference shall 
 50.32  provide a report to the district court containing: 
 50.33     (1) the specific nature of the technical violation of 
 50.34  probation; 
 50.35     (2) the notice provided to the offender of the technical 
 50.36  violation of probation and the scheduling of the sanctions 
 51.1   conference; 
 51.2      (3) a copy of the offender's signed stipulation indicating 
 51.3   that the offender received a copy of the sanctions conference 
 51.4   form and understood it; 
 51.5      (4) a copy of the offender's written declaration to 
 51.6   participate in the sanctions conference; and 
 51.7      (5) the recommended probation violation sanction. 
 51.8   The recommended probation violation sanction becomes effective 
 51.9   when confirmed by a judge.  The order of the court shall be 
 51.10  proof of such confirmation. 
 51.11     Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
 51.12  county probation officer's receipt of a confirmed order by the 
 51.13  judge, the county probation officer shall notify the offender in 
 51.14  writing that the probation violation sanction has been approved 
 51.15  by the court. 
 51.16     (b) If the court does not confirm the recommendation of the 
 51.17  county probation officer, the probation violation sanction shall 
 51.18  not go into effect.  The county probation officer shall notify 
 51.19  the offender that the court has not confirmed the sanction. 
 51.20     (c) If the court does not confirm the recommendation, the 
 51.21  county probation officer may ask the court to commence 
 51.22  revocation proceedings under section 609.14. 
 51.23     Subd. 4.  [APPEAL.] An offender may appeal the judge's 
 51.24  confirmation of the probation violation sanction as provided in 
 51.25  rule 28.05 of the Rules of Criminal Procedure. 
 51.26     Sec. 4.  [244.199] [ELECTION NOT TO PARTICIPATE.] 
 51.27     If the offender elects not to participate in the sanctions 
 51.28  conference, the county probation officer may ask the court to 
 51.29  initiate revocation proceedings or refer the matter to the 
 51.30  appropriate prosecuting authority for action under section 
 51.31  609.14.  The county probation officer also may take action to 
 51.32  apprehend and detain the offender under section 244.195. 
 51.33     Sec. 5.  Minnesota Statutes 2002, section 609.135, 
 51.34  subdivision 1, is amended to read: 
 51.35     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 51.36  sentence of life imprisonment is required by law, or when a 
 52.1   mandatory minimum sentence is required by section 609.11, any 
 52.2   court may stay imposition or execution of sentence and: 
 52.3      (1) may order intermediate sanctions without placing the 
 52.4   defendant on probation; or 
 52.5      (2) may place the defendant on probation with or without 
 52.6   supervision and on the terms the court prescribes, including 
 52.7   intermediate sanctions when practicable.  The court may order 
 52.8   the supervision to be under the probation officer of the court, 
 52.9   or, if there is none and the conviction is for a felony or gross 
 52.10  misdemeanor, by the commissioner of corrections, or in any case 
 52.11  by some other suitable and consenting person.  Unless the court 
 52.12  directs otherwise, state parole and probation agents and 
 52.13  probation officers may impose community work service for an 
 52.14  offender's or probation violation sanctions, consistent with 
 52.15  section 243.05, subdivision 1; 244.19, subdivision 3a sections 
 52.16  244.196 to 244.199; or 401.02, subdivision 5. 
 52.17     No intermediate sanction may be ordered performed at a 
 52.18  location that fails to observe applicable requirements or 
 52.19  standards of chapter 181A or 182, or any rule promulgated under 
 52.20  them.  
 52.21     (b) For purposes of this subdivision, subdivision 6, and 
 52.22  section 609.14, the term "intermediate sanctions" includes but 
 52.23  is not limited to incarceration in a local jail or workhouse, 
 52.24  home detention, electronic monitoring, intensive probation, 
 52.25  sentencing to service, reporting to a day reporting center, 
 52.26  chemical dependency or mental health treatment or counseling, 
 52.27  restitution, fines, day-fines, community work service, work 
 52.28  service in a restorative justice program, work in lieu of or to 
 52.29  work off fines and, with the victim's consent, work in lieu of 
 52.30  or to work off restitution.  
 52.31     (c) A court may not stay the revocation of the driver's 
 52.32  license of a person convicted of violating the provisions of 
 52.33  section 169A.20. 
 52.34     Sec. 6.  [SANCTIONS CONFERENCE PROCEDURES.] 
 52.35     The chief executive officer of a local corrections agency, 
 52.36  with approval of the district court, shall develop procedures 
 53.1   for the sanctions conference identified in Minnesota Statutes, 
 53.2   sections 244.196 to 244.199, and develop a sanctions conference 
 53.3   form that includes notice to the offender: 
 53.4      (1) of the specific court-ordered condition of release that 
 53.5   the offender has allegedly violated, the probation officer's 
 53.6   authority to ask the court to revoke the offender's probation 
 53.7   for the technical violation, and the offender's right to elect 
 53.8   to participate in a sanctions conference to address the 
 53.9   technical violation in lieu of the probation officer asking the 
 53.10  court to revoke the offender's probation; 
 53.11     (2) that participation in the sanctions conference is in 
 53.12  lieu of a court hearing under Minnesota Statutes, section 
 53.13  609.14, and that, if the offender elects to participate in the 
 53.14  sanctions conference, the offender must admit, or agree not to 
 53.15  contest, the alleged technical violation and must waive the 
 53.16  right to contest the violation at a judicial hearing, present 
 53.17  evidence, call witnesses, cross-examine the state's witnesses, 
 53.18  and be represented by counsel; 
 53.19     (3) that, if the offender chooses, the offender has a right 
 53.20  to a hearing before the court under Minnesota Statutes, section 
 53.21  609.14, for a determination of whether the offender committed 
 53.22  the alleged violation, including the right to be present at the 
 53.23  hearing, to cross-examine witnesses, to have witnesses 
 53.24  subpoenaed for the offender, to have an attorney present or to 
 53.25  have an attorney appointed if the offender cannot afford one, 
 53.26  and to require the state to prove the allegations against the 
 53.27  offender; 
 53.28     (4) that if, after a hearing, the court finds the 
 53.29  violations have been proven, the court may continue the 
 53.30  sentence, subject to the same, modified, or additional 
 53.31  conditions, or order a sanction that may include incarceration, 
 53.32  additional fines, revocation of the stay of sentence, imposition 
 53.33  of sentence, or other sanctions; 
 53.34     (5) that the decision to participate in the sanctions 
 53.35  conference will not result in the probation officer recommending 
 53.36  revocation of the offender's stay of sentence, unless the 
 54.1   offender fails to successfully complete the probation violation 
 54.2   sanction; 
 54.3      (6) that various types of probation violation sanctions may 
 54.4   be imposed and that the probation violation sanctions imposed on 
 54.5   the offender will depend on the nature of the technical 
 54.6   violation, the offender's criminal history, and the offender's 
 54.7   level of supervision; 
 54.8      (7) that the probation violation sanctions supplement any 
 54.9   existing conditions of release; and 
 54.10     (8) that participation in the sanctions conference requires 
 54.11  completion of all probation violation sanctions imposed by the 
 54.12  probation agency, and that failure to successfully complete the 
 54.13  imposed probation violation sanctions could result in additional 
 54.14  sanctions or the commencement of revocation proceedings under 
 54.15  Minnesota Statutes, section 609.14. 
 54.16     Sec. 7.  [REPEALER.] 
 54.17     Minnesota Statutes 2002, section 244.19, subdivision 3a, is 
 54.18  repealed.  
 54.19     Sec. 8.  [EFFECTIVE DATE.] 
 54.20     Sections 1 to 7 are effective August 1, 2003, and apply to 
 54.21  technical violations of probation that occur on or after that 
 54.22  date. 
 54.23                             ARTICLE 7 
 54.24                        JUVENILE LAW POLICY 
 54.25     Section 1.  Minnesota Statutes 2002, section 260B.105, 
 54.26  subdivision 1, is amended to read: 
 54.27     Subdivision 1.  [VENUE.] Except where otherwise provided, 
 54.28  venue for any proceedings under section 260B.101 shall be in the 
 54.29  county where the child is found, or the county of the child's 
 54.30  residence.  If delinquency, a juvenile petty offense, or a 
 54.31  juvenile traffic offense is alleged, proceedings shall be 
 54.32  brought in the county of residence or the county where the 
 54.33  alleged delinquency, juvenile petty offense, or juvenile traffic 
 54.34  offense occurred.  
 54.35     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 54.36  and applies to offenses committed on or after that date. 
 55.1      Sec. 2.  Minnesota Statutes 2002, section 260B.105, 
 55.2   subdivision 2, is amended to read: 
 55.3      Subd. 2.  [TRANSFER.] The judge of the juvenile court may 
 55.4   transfer any proceedings brought under section 260B.101, to the 
 55.5   juvenile court of a county having venue as provided in 
 55.6   subdivision 1, at any stage of the proceedings and in the 
 55.7   following manner.  When it appears that the best interests of 
 55.8   the child, society, or the convenience of proceedings will be 
 55.9   served by a transfer, the court may transfer the case to the 
 55.10  juvenile court of the county of the child's residence.  With the 
 55.11  consent of the receiving court, the court may also transfer the 
 55.12  case to the juvenile court of the county where the child is 
 55.13  found or,.  If delinquency, a juvenile petty offense, or a 
 55.14  juvenile traffic offense is alleged, to the county where the 
 55.15  alleged delinquency, juvenile petty offense, or juvenile traffic 
 55.16  offense occurred the court shall first hear the case and then 
 55.17  may transfer the case to the juvenile court of the county of the 
 55.18  child's residence for disposition after a finding or admission 
 55.19  of guilt.  The court transfers the case by ordering a 
 55.20  continuance and by forwarding to the court administrator of the 
 55.21  appropriate juvenile court a certified copy of all papers filed, 
 55.22  together with an order of transfer.  The judge of the receiving 
 55.23  court may accept the findings of the transferring court or may 
 55.24  direct the filing of a new petition or notice under section 
 55.25  260B.007, subdivision 18, or 260B.143 and hear the case anew.  
 55.26     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 55.27  and applies to offenses committed on or after that date. 
 55.28     Sec. 3.  Minnesota Statutes 2002, section 260B.125, 
 55.29  subdivision 8, is amended to read: 
 55.30     Subd. 8.  [WRITTEN FINDINGS; OPTIONS.] The court shall 
 55.31  decide whether to order certification within 15 days after the 
 55.32  certification hearing was completed, unless additional time is 
 55.33  needed, in which case the court may extend the period up to 
 55.34  another 15 days.  If the juvenile court orders certification, 
 55.35  and the presumption described in subdivision 3 does not apply, 
 55.36  the order shall contain in writing, findings of fact and 
 56.1   conclusions of law as to why public safety is not served by 
 56.2   retaining the proceeding in the juvenile court.  If the juvenile 
 56.3   court, after a hearing conducted pursuant to subdivision 2, 
 56.4   decides not to order certification, the decision shall contain, 
 56.5   in writing, findings of fact and conclusions of law as to why 
 56.6   certification is not ordered.  If the delinquency petition was 
 56.7   filed before July 1, 2003, and the juvenile court decides not to 
 56.8   order certification in a case in which the presumption described 
 56.9   in subdivision 3 applies, the court shall designate the 
 56.10  proceeding an extended jurisdiction juvenile prosecution and 
 56.11  include in its decision written findings of fact and conclusions 
 56.12  of law as to why the retention of the proceeding in juvenile 
 56.13  court serves public safety, with specific reference to the 
 56.14  factors listed in subdivision 4.  If the delinquency petition 
 56.15  was filed before July 1, 2003, and the court decides not to 
 56.16  order certification in a case in which the presumption described 
 56.17  in subdivision 3 does not apply, the court may designate the 
 56.18  proceeding an extended jurisdiction juvenile prosecution, 
 56.19  pursuant to the hearing process described in section 260B.130, 
 56.20  subdivision 2.  
 56.21     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 56.22     Sec. 4.  Minnesota Statutes 2002, section 260B.130, 
 56.23  subdivision 1, is amended to read: 
 56.24     Subdivision 1.  (a) [AVAILABILITY.] Extended jurisdiction 
 56.25  juvenile prosecution cannot be used for crimes charged or 
 56.26  delinquency petitions filed after July 1, 2003.  Persons 
 56.27  receiving an extended juvenile jurisdiction adjudication for 
 56.28  crimes charged or delinquency petitions filed before July 1, 
 56.29  2003, shall complete their sentence as extended jurisdiction 
 56.30  juveniles.  
 56.31     (b) [DESIGNATION.] A proceeding involving a child alleged 
 56.32  to have committed a felony offense is an extended jurisdiction 
 56.33  juvenile prosecution if: 
 56.34     (1) the child was 14 to 17 years old at the time of the 
 56.35  alleged offense, a certification hearing was held, and the court 
 56.36  designated the proceeding an extended jurisdiction juvenile 
 57.1   prosecution; 
 57.2      (2) the child was 16 or 17 years old at the time of the 
 57.3   alleged offense; the child is alleged to have committed an 
 57.4   offense for which the sentencing guidelines and applicable 
 57.5   statutes presume a commitment to prison or to have committed any 
 57.6   felony in which the child allegedly used a firearm; and the 
 57.7   prosecutor designated in the delinquency petition that the 
 57.8   proceeding is an extended jurisdiction juvenile prosecution; or 
 57.9      (3) the child was 14 to 17 years old at the time of the 
 57.10  alleged offense, the prosecutor requested that the proceeding be 
 57.11  designated an extended jurisdiction juvenile prosecution, a 
 57.12  hearing was held on the issue of designation, and the court 
 57.13  designated the proceeding an extended jurisdiction juvenile 
 57.14  prosecution.  
 57.15     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 57.16     Sec. 5.  Minnesota Statutes 2002, section 260B.141, 
 57.17  subdivision 4, is amended to read: 
 57.18     Subd. 4.  [DELINQUENCY PETITION; EXTENDED JURISDICTION 
 57.19  JUVENILE.] When a prosecutor files a delinquency petition before 
 57.20  July 1, 2003, alleging that a child committed a felony offense 
 57.21  for which there is a presumptive commitment to prison according 
 57.22  to the sentencing guidelines and applicable statutes or in which 
 57.23  the child used a firearm, after reaching the age of 16 years, 
 57.24  the prosecutor shall indicate in the petition whether the 
 57.25  prosecutor designates the proceeding an extended jurisdiction 
 57.26  juvenile prosecution.  When a prosecutor files a delinquency 
 57.27  petition before July 1, 2003, alleging that a child aged 14 to 
 57.28  17 years committed a felony offense, the prosecutor may request 
 57.29  that the court designate the proceeding an extended jurisdiction 
 57.30  juvenile prosecution.  
 57.31     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 57.32     Sec. 6.  Minnesota Statutes 2002, section 260B.143, 
 57.33  subdivision 1, is amended to read: 
 57.34     Subdivision 1.  [NOTICE.] When a peace officer has probable 
 57.35  cause to believe that a child: 
 57.36     (1) is a juvenile petty offender; or 
 58.1      (2) has committed a delinquent act that would be a petty 
 58.2   misdemeanor or misdemeanor if committed by an adult, 
 58.3   the officer may issue a notice to the child to appear in 
 58.4   juvenile court in the county in which the child is found or in 
 58.5   the county of the child's residence or, in the case of a 
 58.6   juvenile petty offense, or a petty misdemeanor or misdemeanor 
 58.7   delinquent act, the county in which the offense was committed is 
 58.8   alleged to have committed the offense.  The officer shall file a 
 58.9   copy of the notice to appear with the juvenile court of the 
 58.10  appropriate county.  If a child fails to appear in response to 
 58.11  the notice, the court may issue a summons notifying the child of 
 58.12  the nature of the offense alleged and the time and place set for 
 58.13  the hearing.  If the peace officer finds it necessary to take 
 58.14  the child into custody, sections 260B.175 and 260B.176 shall 
 58.15  apply. 
 58.16     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 58.17  and applies to offenses committed on or after that date. 
 58.18     Sec. 7.  Minnesota Statutes 2002, section 260B.193, 
 58.19  subdivision 5, is amended to read: 
 58.20     Subd. 5.  [TERMINATION OF JURISDICTION.] (a) The court may 
 58.21  dismiss the petition or otherwise terminate its jurisdiction on 
 58.22  its own motion or on the motion or petition of any interested 
 58.23  party at any time.  Unless terminated by the court, and except 
 58.24  as otherwise provided in this subdivision, the jurisdiction of 
 58.25  the court shall continue until the individual becomes 19 years 
 58.26  of age if the court determines it is in the best interest of the 
 58.27  individual to do so.  
 58.28     (b) The jurisdiction of the court over an extended 
 58.29  jurisdiction juvenile, with respect to the offense for which the 
 58.30  individual was convicted as an extended jurisdiction juvenile, 
 58.31  extends until the offender becomes 21 years of age, unless the 
 58.32  court terminates jurisdiction before that date.  
 58.33     (c) The juvenile court has jurisdiction to designate the 
 58.34  proceeding an extended jurisdiction juvenile prosecution, to 
 58.35  hold a certification hearing, or to conduct a trial, or receive 
 58.36  a plea, or impose a disposition under section 260B.130, 
 59.1   subdivision 4, if: 
 59.2      (1) an adult is alleged to have committed an offense before 
 59.3   the adult's 18th birthday; and 
 59.4      (2) a petition is filed under section 260B.141 before 
 59.5   expiration of the time for filing under section 628.26 and 
 59.6   before the adult's 21st birthday. 
 59.7   The juvenile court lacks jurisdiction under this paragraph if 
 59.8   the adult demonstrates that the delay was purposefully caused by 
 59.9   the state in order to gain an unfair advantage. 
 59.10     (d) The district court has original and exclusive 
 59.11  jurisdiction over a proceeding: 
 59.12     (1) that involves an adult who is alleged to have committed 
 59.13  an offense before the adult's 18th birthday; and 
 59.14     (2) in which a criminal complaint is filed before 
 59.15  expiration of the time for filing under section 628.26 and after 
 59.16  the adult's 21st birthday. 
 59.17     The juvenile court retains jurisdiction if the adult 
 59.18  demonstrates that the delay in filing a criminal complaint was 
 59.19  purposefully caused by the state in order to gain an unfair 
 59.20  advantage. 
 59.21     (e) The juvenile court has jurisdiction over a person who 
 59.22  has been adjudicated delinquent, has been found to have 
 59.23  committed a delinquent act, or has been charged by juvenile 
 59.24  petition until the person's 21st birthday if the person fails to 
 59.25  appear at any juvenile court hearing or fails to appear at or 
 59.26  absconds from any placement under a juvenile court order.  The 
 59.27  juvenile court has jurisdiction over a convicted extended 
 59.28  jurisdiction juvenile who fails to appear at any juvenile court 
 59.29  hearing or fails to appear at or absconds from any placement 
 59.30  under section 260B.130, subdivision 4.  The juvenile court lacks 
 59.31  jurisdiction under this paragraph if the adult demonstrates that 
 59.32  the delay was purposefully caused by the state in order to gain 
 59.33  an unfair advantage.  
 59.34     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 59.35     Sec. 8.  Minnesota Statutes 2002, section 260C.163, 
 59.36  subdivision 5, is amended to read: 
 60.1      Subd. 5.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 60.2   a guardian ad litem to protect the interests of the minor when 
 60.3   it appears, at any stage of the proceedings, that the minor is 
 60.4   without a parent or guardian, or that the minor's parent is a 
 60.5   minor or incompetent, or that the parent or guardian is 
 60.6   indifferent or hostile to the minor's interests, and in every 
 60.7   proceeding alleging a child's need for protection or services 
 60.8   under section 260C.007, subdivision 6, except proceedings where 
 60.9   the sole allegation is that the child is a runaway or habitual 
 60.10  truant.  In any other case the court may appoint a guardian ad 
 60.11  litem to protect the interests of the minor when the court feels 
 60.12  that such an appointment is desirable.  The court shall appoint 
 60.13  the guardian ad litem on its own motion or in the manner 
 60.14  provided for the appointment of a guardian ad litem in the 
 60.15  district court.  The court may appoint separate counsel for the 
 60.16  guardian ad litem if necessary.  
 60.17     (b) A guardian ad litem shall carry out the following 
 60.18  responsibilities: 
 60.19     (1) conduct an independent investigation to determine the 
 60.20  facts relevant to the situation of the child and the family, 
 60.21  which must include, unless specifically excluded by the court, 
 60.22  reviewing relevant documents; meeting with and observing the 
 60.23  child in the home setting and considering the child's wishes, as 
 60.24  appropriate; and interviewing parents, caregivers, and others 
 60.25  with knowledge relevant to the case; 
 60.26     (2) advocate for the child's best interests by 
 60.27  participating in appropriate aspects of the case and advocating 
 60.28  for appropriate community services when necessary; 
 60.29     (3) maintain the confidentiality of information related to 
 60.30  a case, with the exception of sharing information as permitted 
 60.31  by law to promote cooperative solutions that are in the best 
 60.32  interests of the child; 
 60.33     (4) monitor the child's best interests throughout the 
 60.34  judicial proceeding; and 
 60.35     (5) present written reports on the child's best interests 
 60.36  that include conclusions and recommendations and the facts upon 
 61.1   which they are based. 
 61.2      (c) Except in cases where the child is alleged to have been 
 61.3   abused or neglected, the court may waive the appointment of a 
 61.4   guardian ad litem pursuant to clause (a), whenever counsel has 
 61.5   been appointed pursuant to subdivision 2 or is retained 
 61.6   otherwise, and the court is satisfied that the interests of the 
 61.7   minor are protected. 
 61.8      (d) In appointing a guardian ad litem pursuant to clause 
 61.9   (a), the court shall not appoint the party, or any agent or 
 61.10  employee thereof, filing a petition pursuant to section 260C.141.
 61.11     (e) The following factors shall be considered when 
 61.12  appointing a guardian ad litem in a case involving an Indian or 
 61.13  minority child: 
 61.14     (1) whether a person is available who is the same racial or 
 61.15  ethnic heritage as the child or, if that is not possible; 
 61.16     (2) whether a person is available who knows and appreciates 
 61.17  the child's racial or ethnic heritage. 
 61.18     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 61.19  and applies to offenses committed on or after that date. 
 61.20     Sec. 9.  Minnesota Statutes 2002, section 609.055, 
 61.21  subdivision 2, is amended to read: 
 61.22     Subd. 2.  [ADULT PROSECUTION.] (a) Except as otherwise 
 61.23  provided in paragraph (b), children of the age of 14 years or 
 61.24  over but under 18 years may be prosecuted for a felony offense 
 61.25  if the alleged violation is duly certified for prosecution under 
 61.26  the laws and court procedures controlling adult criminal 
 61.27  violations or, if charged before July 1, 2003, may be designated 
 61.28  an extended jurisdiction juvenile in accordance with the 
 61.29  provisions of chapter 260B.  A child who is 16 years of age or 
 61.30  older but under 18 years of age is capable of committing a crime 
 61.31  and may be prosecuted for a felony if: 
 61.32     (1) the child has been previously certified on a felony 
 61.33  charge pursuant to a hearing under section 260B.125, subdivision 
 61.34  2, or pursuant to the waiver of the right to such a hearing, or 
 61.35  prosecuted pursuant to this subdivision; and 
 61.36     (2) the child was convicted of the felony offense or 
 62.1   offenses for which the child was prosecuted or of a lesser 
 62.2   included felony offense. 
 62.3      (b) A child who is alleged to have committed murder in the 
 62.4   first degree after becoming 16 years of age is capable of 
 62.5   committing a crime and may be prosecuted for the felony.  This 
 62.6   paragraph does not apply to a child alleged to have committed 
 62.7   attempted murder in the first degree after becoming 16 years of 
 62.8   age. 
 62.9      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 62.10                             ARTICLE 8 
 62.11                          CRIMINAL JUSTICE 
 62.12     Section 1.  Minnesota Statutes 2002, section 152.021, 
 62.13  subdivision 2a, is amended to read: 
 62.14     Subd. 2a.  [MANUFACTURE CRIMES.] (a) Notwithstanding 
 62.15  subdivision 1, sections 152.022, subdivision 1, 152.023, 
 62.16  subdivision 1, and 152.024, subdivision 1, a person is guilty of 
 62.17  controlled substance crime in the first degree if the person 
 62.18  manufactures any amount of methamphetamine. 
 62.19     (b) Notwithstanding paragraph (a) and section 609.17, a 
 62.20  person is guilty of attempted manufacture of methamphetamine if 
 62.21  the person possesses any chemical reagents or precursors with 
 62.22  the intent to manufacture methamphetamine.  As used in this 
 62.23  section, "chemical reagents or precursors" refers to one or more 
 62.24  of the following substances, or their salts, isomers, and salts 
 62.25  of isomers: 
 62.26     (1) ephedrine; 
 62.27     (2) pseudoephedrine; 
 62.28     (3) phenyl-2-propanone; 
 62.29     (4) phenylacetone; 
 62.30     (5) anhydrous ammonia, as defined in section 18C.005, 
 62.31  subdivision 1a; 
 62.32     (6) organic solvents; 
 62.33     (7) hydrochloric acid; 
 62.34     (8) lithium metal; 
 62.35     (9) sodium metal; 
 62.36     (10) ether; 
 63.1      (11) sulfuric acid; 
 63.2      (12) red phosphorus; 
 63.3      (13) iodine; 
 63.4      (14) sodium hydroxide; 
 63.5      (15) benzaldehyde; 
 63.6      (16) benzyl methyl ketone; 
 63.7      (17) benzyl cyanide; 
 63.8      (18) nitroethane; 
 63.9      (19) methylamine; 
 63.10     (20) phenylacetic acid; 
 63.11     (21) hydriodic acid; or 
 63.12     (22) hydriotic acid. 
 63.13     [EFFECTIVE DATE.] This section is effective for crimes 
 63.14  committed on or after August 1, 2003. 
 63.15     Sec. 2.  Minnesota Statutes 2002, section 152.021, 
 63.16  subdivision 3, is amended to read: 
 63.17     Subd. 3.  [PENALTY.] (a) A person convicted under 
 63.18  subdivisions 1 to 2a, paragraph (a), may be sentenced to 
 63.19  imprisonment for not more than 30 years or to payment of a fine 
 63.20  of not more than $1,000,000, or both; a person convicted under 
 63.21  subdivision 2a, paragraph (b), may be sentenced to imprisonment 
 63.22  for not more than 15 years or to payment of a fine of not more 
 63.23  than $500,000, or both. 
 63.24     (b) If the conviction is a subsequent controlled substance 
 63.25  conviction, a person convicted under subdivisions 1 to 2a, 
 63.26  paragraph (a), shall be committed to the commissioner of 
 63.27  corrections for not less than four years nor more than 40 years 
 63.28  and, in addition, may be sentenced to payment of a fine of not 
 63.29  more than $1,000,000; a person convicted under subdivision 2a, 
 63.30  paragraph (b), may be sentenced to imprisonment for not more 
 63.31  than 20 years or to payment of a fine of not more than $500,000, 
 63.32  or both.  
 63.33     (c) In a prosecution under subdivision 1 involving sales by 
 63.34  the same person in two or more counties within a 90-day period, 
 63.35  the person may be prosecuted for all of the sales in any county 
 63.36  in which one of the sales occurred.  
 64.1      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 64.2   and applies to crimes committed on or after that date. 
 64.3      Sec. 3.  Minnesota Statutes 2002, section 357.021, 
 64.4   subdivision 6, is amended to read: 
 64.5      Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
 64.6   (a) Until June 30, 2007, the court shall impose and the court 
 64.7   administrator shall collect a $35 $40 surcharge on every person 
 64.8   convicted of any felony, gross misdemeanor, misdemeanor, or 
 64.9   petty misdemeanor offense, other than a violation of a law or 
 64.10  ordinance relating to vehicle parking.  On and after July 1, 
 64.11  2007, the surcharge shall be $35.  The surcharge shall be 
 64.12  imposed whether or not the person is sentenced to imprisonment 
 64.13  or the sentence is stayed.  
 64.14     (b) If the court fails to impose a surcharge as required by 
 64.15  this subdivision, the court administrator shall show the 
 64.16  imposition of the surcharge, collect the surcharge and correct 
 64.17  the record. 
 64.18     (c) The court may not waive payment of the surcharge 
 64.19  required under this subdivision.  Upon a showing of indigency or 
 64.20  undue hardship upon the convicted person or the convicted 
 64.21  person's immediate family, the sentencing court may authorize 
 64.22  payment of the surcharge in installments. 
 64.23     (d) The court administrator or other entity collecting a 
 64.24  surcharge shall forward it to the state treasurer. 
 64.25     (e) If the convicted person is sentenced to imprisonment 
 64.26  and has not paid the surcharge before the term of imprisonment 
 64.27  begins, the chief executive officer of the correctional facility 
 64.28  in which the convicted person is incarcerated shall collect the 
 64.29  surcharge from any earnings the inmate accrues from work 
 64.30  performed in the facility or while on conditional release.  The 
 64.31  chief executive officer shall forward the amount collected to 
 64.32  the state treasurer. 
 64.33     [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 64.34  and applies to crimes committed on or after that date. 
 64.35     Sec. 4.  Minnesota Statutes 2002, section 357.021, 
 64.36  subdivision 7, is amended to read: 
 65.1      Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 
 65.2   (a) Except as provided in paragraphs (b) and (c), the state 
 65.3   treasurer shall disburse surcharges received under subdivision 6 
 65.4   and section 97A.065, subdivision 2, as follows: 
 65.5      (1) one percent shall be credited to the game and fish fund 
 65.6   to provide peace officer training for employees of the 
 65.7   department of natural resources who are licensed under sections 
 65.8   626.84 to 626.863, and who possess peace officer authority for 
 65.9   the purpose of enforcing game and fish laws; 
 65.10     (2) 39 percent shall be credited to the peace officers 
 65.11  training account in the special revenue fund; and 
 65.12     (3) 60 percent shall be credited to the general fund.  
 65.13     (b) The state treasurer shall credit $3 $10 of each 
 65.14  surcharge received under subdivision 6 and section 97A.065, 
 65.15  subdivision 2, to a criminal justice special projects account in 
 65.16  the special revenue fund.  This account is available for 
 65.17  appropriation to the commissioner of public safety for grants to 
 65.18  law enforcement agencies and for other purposes authorized by 
 65.19  the legislature the general fund. 
 65.20     (c) In addition to any amounts credited under paragraph 
 65.21  (a), the state treasurer shall credit $7 $5 of each surcharge 
 65.22  received under subdivision 6 and section 97A.065, subdivision 2, 
 65.23  to the general fund, until June 30, 2007. 
 65.24     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 65.25     Sec. 5.  Minnesota Statutes 2002, section 609.185, is 
 65.26  amended to read: 
 65.27     609.185 [MURDER IN THE FIRST DEGREE.] 
 65.28     (a) Whoever does any of the following is guilty of murder 
 65.29  in the first degree and shall be sentenced to imprisonment for 
 65.30  life: 
 65.31     (1) causes the death of a human being with premeditation 
 65.32  and with intent to effect the death of the person or of another; 
 65.33     (2) causes the death of a human being while committing or 
 65.34  attempting to commit criminal sexual conduct in the first or 
 65.35  second degree with force or violence, either upon or affecting 
 65.36  the person or another; 
 66.1      (3) causes the death of a human being with intent to effect 
 66.2   the death of the person or another, while committing or 
 66.3   attempting to commit burglary, aggravated robbery, kidnapping, 
 66.4   arson in the first or second degree, a drive-by shooting, 
 66.5   tampering with a witness in the first degree, escape from 
 66.6   custody, or any felony violation of chapter 152 involving the 
 66.7   unlawful sale of a controlled substance; 
 66.8      (4) causes the death of a peace officer or a guard employed 
 66.9   at a Minnesota state or local correctional facility, with intent 
 66.10  to effect the death of that person or another, while the peace 
 66.11  officer or guard is engaged in the performance of official 
 66.12  duties; 
 66.13     (5) causes the death of a minor while committing child 
 66.14  abuse, when the perpetrator has engaged in a past pattern of 
 66.15  child abuse upon the a child and the death occurs under 
 66.16  circumstances manifesting an extreme indifference to human life; 
 66.17     (6) causes the death of a human being while committing 
 66.18  domestic abuse, when the perpetrator has engaged in a past 
 66.19  pattern of domestic abuse upon the victim or upon another family 
 66.20  or household member and the death occurs under circumstances 
 66.21  manifesting an extreme indifference to human life; or 
 66.22     (7) causes the death of a human being while committing, 
 66.23  conspiring to commit, or attempting to commit a felony crime to 
 66.24  further terrorism and the death occurs under circumstances 
 66.25  manifesting an extreme indifference to human life. 
 66.26     (b) For purposes of paragraph (a), clause (5), "child abuse"
 66.27  means an act committed against a minor victim that constitutes a 
 66.28  violation of the following laws of this state or any similar 
 66.29  laws of the United States or any other state:  section 609.221; 
 66.30  609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
 66.31  609.345; 609.377; 609.378; or 609.713. 
 66.32     (c) For purposes of paragraph (a), clause (6), "domestic 
 66.33  abuse" means an act that: 
 66.34     (1) constitutes a violation of section 609.221, 609.222, 
 66.35  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 66.36  609.713, or any similar laws of the United States or any other 
 67.1   state; and 
 67.2      (2) is committed against the victim who is a family or 
 67.3   household member as defined in section 518B.01, subdivision 2, 
 67.4   paragraph (b). 
 67.5      (d) For purposes of paragraph (a), clause (7), "further 
 67.6   terrorism" has the meaning given in section 609.714, subdivision 
 67.7   1. 
 67.8      [EFFECTIVE DATE.] This section is effective the day 
 67.9   following final enactment and applies to crimes committed on or 
 67.10  after that date. 
 67.11     Sec. 6.  Minnesota Statutes 2002, section 609.527, 
 67.12  subdivision 3, is amended to read: 
 67.13     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
 67.14  may be sentenced as follows: 
 67.15     (1) if the offense involves a single direct victim and the 
 67.16  total, combined loss to the direct victim and any indirect 
 67.17  victims is $250 or less, the person may be sentenced as provided 
 67.18  in section 609.52, subdivision 3, clause (5); 
 67.19     (2) if the offense involves a single direct victim and the 
 67.20  total, combined loss to the direct victim and any indirect 
 67.21  victims is more than $250 but not more than $500, the person may 
 67.22  be sentenced as provided in section 609.52, subdivision 3, 
 67.23  clause (4); 
 67.24     (3) if the offense involves two or three direct victims or 
 67.25  the total, combined loss to the direct and indirect victims is 
 67.26  more than $500 but not more than $2,500, the person may be 
 67.27  sentenced as provided in section 609.52, subdivision 3, clause 
 67.28  (3); and 
 67.29     (4) if the offense involves four or more than three but not 
 67.30  more than seven direct victims, or if the total, combined loss 
 67.31  to the direct and indirect victims is more than $2,500, the 
 67.32  person may be sentenced as provided in section 609.52, 
 67.33  subdivision 3, clause (2); and 
 67.34     (5) if the offense involves eight or more direct victims, 
 67.35  or if the total, combined loss to the direct and indirect 
 67.36  victims is more than $35,000, the person may be sentenced as 
 68.1   provided in section 609.52, subdivision 3, clause (1). 
 68.2      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 68.3   and applies to crimes committed on or after that date. 
 68.4      Sec. 7.  Minnesota Statutes 2002, section 609.66, 
 68.5   subdivision 1, is amended to read: 
 68.6      Subdivision 1.  [MISDEMEANOR AND GROSS MISDEMEANOR CRIMES.] 
 68.7   (a) Whoever does any of the following is guilty of a crime and 
 68.8   may be sentenced as provided in paragraph (b): 
 68.9      (1) recklessly handles or uses a gun or other dangerous 
 68.10  weapon or explosive so as to endanger the safety of another; or 
 68.11     (2) intentionally points a gun of any kind, capable of 
 68.12  injuring or killing a human being and whether loaded or 
 68.13  unloaded, at or toward another; or 
 68.14     (3) manufactures or sells for any unlawful purpose any 
 68.15  weapon known as a slungshot or sand club; or 
 68.16     (4) manufactures, transfers, or possesses metal knuckles or 
 68.17  a switch blade knife opening automatically; or 
 68.18     (5) (4) possesses any other dangerous article or substance 
 68.19  for the purpose of being used unlawfully as a weapon against 
 68.20  another; or 
 68.21     (6) (5) outside of a municipality and without the parent's 
 68.22  or guardian's consent, furnishes a child under 14 years of age, 
 68.23  or as a parent or guardian permits the child to handle or use, 
 68.24  outside of the parent's or guardian's presence, a firearm or 
 68.25  airgun of any kind, or any ammunition or explosive.  
 68.26     Possession of written evidence of prior consent signed by 
 68.27  the minor's parent or guardian is a complete defense to a charge 
 68.28  under clause (6). 
 68.29     (b) A person convicted under paragraph (a) may be sentenced 
 68.30  as follows: 
 68.31     (1) if the act was committed in a public housing zone, as 
 68.32  defined in section 152.01, subdivision 19, a school zone, as 
 68.33  defined in section 152.01, subdivision 14a, or a park zone, as 
 68.34  defined in section 152.01, subdivision 12a, to imprisonment for 
 68.35  not more than one year or to payment of a fine of not more than 
 68.36  $3,000, or both; or 
 69.1      (2) otherwise, including where the act was committed on 
 69.2   residential premises within a zone described in clause (1) if 
 69.3   the offender was at the time an owner, tenant, or invitee for a 
 69.4   lawful purpose with respect to those residential premises, to 
 69.5   imprisonment for not more than 90 days or to payment of a fine 
 69.6   of not more than $700, or both. 
 69.7      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 69.8   and applies to crimes committed on or after that date. 
 69.9      Sec. 8.  Minnesota Statutes 2002, section 609.66, 
 69.10  subdivision 1a, is amended to read: 
 69.11     Subd. 1a.  [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 
 69.12  DISCHARGE.] (a) Except as otherwise provided in subdivision 1h, 
 69.13  whoever does any of the following is guilty of a felony and may 
 69.14  be sentenced as provided in paragraph (b): 
 69.15     (1) sells or has in possession any device designed to 
 69.16  silence or muffle the discharge of a firearm; 
 69.17     (2) intentionally discharges a firearm under circumstances 
 69.18  that endanger the safety of another; or 
 69.19     (3) recklessly discharges a firearm within a municipality. 
 69.20     (b) A person convicted under paragraph (a) may be sentenced 
 69.21  as follows: 
 69.22     (1) if the act was a violation of paragraph (a), clause 
 69.23  (2), or if the act was a violation of paragraph (a), clause (1) 
 69.24  or (3), and was committed in a public housing zone, as defined 
 69.25  in section 152.01, subdivision 19, a school zone, as defined in 
 69.26  section 152.01, subdivision 14a, or a park zone, as defined in 
 69.27  section 152.01, subdivision 12a, to imprisonment for not more 
 69.28  than five years or to payment of a fine of not more than 
 69.29  $10,000, or both; or 
 69.30     (2) otherwise, to imprisonment for not more than two years 
 69.31  or to payment of a fine of not more than $5,000, or both. 
 69.32     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 69.33  and applies to crimes committed on or after that date. 
 69.34     Sec. 9.  Minnesota Statutes 2002, section 609.66, is 
 69.35  amended by adding a subdivision to read: 
 69.36     Subd. 1h.  [SILENCERS; AUTHORIZED FOR LAW ENFORCEMENT 
 70.1   PURPOSES.] (a) Notwithstanding subdivision 1a, paragraph (a), 
 70.2   clause (1), licensed peace officers may use devices designed to 
 70.3   silence or muffle the discharge of a firearm for tactical 
 70.4   emergency response operations.  Tactical emergency response 
 70.5   operations include execution of high risk search and arrest 
 70.6   warrants, incidents of terrorism, hostage rescue, and any other 
 70.7   tactical deployments involving high risk circumstances.  The 
 70.8   chief law enforcement officer of a law enforcement agency that 
 70.9   has the need to use silencing devices must establish and enforce 
 70.10  a written policy governing the use of the devices. 
 70.11     (b) A federally licensed firearms dealer may possess 
 70.12  devices designed to silence or muffle the discharge of a firearm 
 70.13  for sale to licensed peace officers under paragraph (a) and for 
 70.14  demonstration purposes. 
 70.15     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 70.16  and applies to crimes committed on or after that date. 
 70.17     Sec. 10.  Minnesota Statutes 2002, section 609.68, is 
 70.18  amended to read: 
 70.19     609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
 70.20     Whoever unlawfully deposits garbage, rubbish, offal, or the 
 70.21  body of a dead animal, or other litter in or upon any public 
 70.22  highway, public waters or the ice thereon, shoreland areas 
 70.23  adjacent to rivers or streams as defined by section 103F.205, 
 70.24  public lands, or, without the consent of the owner, private 
 70.25  lands or water or ice thereon, is guilty of a petty misdemeanor. 
 70.26     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 70.27  and applies to crimes committed on or after that date. 
 70.28     Sec. 11.  Minnesota Statutes 2002, section 609.681, is 
 70.29  amended to read: 
 70.30     609.681 [UNLAWFUL SMOKING.] 
 70.31     A person is guilty of a petty misdemeanor if the person 
 70.32  intentionally smokes in a building, area, or common carrier in 
 70.33  which "no smoking" notices have been prominently posted, or when 
 70.34  requested not to by the operator of the common carrier. 
 70.35     [EFFECTIVE DATE.] This section is effective August 1, 2003 
 70.36  and applies to crimes committed on or after that date. 
 71.1      Sec. 12.  Minnesota Statutes 2002, section 609.748, 
 71.2   subdivision 3, is amended to read: 
 71.3      Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
 71.4   petition for relief must allege facts sufficient to show the 
 71.5   following:  
 71.6      (1) the name of the alleged harassment victim; 
 71.7      (2) the name of the respondent; and 
 71.8      (3) that the respondent has engaged in harassment. 
 71.9   The petition shall be accompanied by an affidavit made under 
 71.10  oath stating the specific facts and circumstances from which 
 71.11  relief is sought.  The court shall provide simplified forms and 
 71.12  clerical assistance to help with the writing and filing of a 
 71.13  petition under this section and shall advise the petitioner of 
 71.14  the right to sue in forma pauperis under section 563.01.  The 
 71.15  court shall advise the petitioner of the right to request a 
 71.16  hearing.  If the petitioner does not request a hearing, the 
 71.17  court shall advise the petitioner that the respondent may 
 71.18  request a hearing and that notice of the hearing date and time 
 71.19  will be provided to the petitioner by mail at least five days 
 71.20  before the hearing.  Upon receipt of the petition and a request 
 71.21  for a hearing by the petitioner, the court shall order a 
 71.22  hearing, which must be held not later than 14 days from the date 
 71.23  of the order.  Personal service must be made upon the respondent 
 71.24  not less than five days before the hearing.  If personal service 
 71.25  cannot be completed in time to give the respondent the minimum 
 71.26  notice required under this paragraph, the court may set a new 
 71.27  hearing date.  Nothing in this section shall be construed as 
 71.28  requiring a hearing on a matter that has no merit.  
 71.29     (b) Notwithstanding paragraph (a), the order for a hearing 
 71.30  and a temporary order issued under subdivision 4 may be served 
 71.31  on the respondent by means of a one-week published notice under 
 71.32  section 645.11, if: 
 71.33     (1) the petitioner files an affidavit with the court 
 71.34  stating that an attempt at personal service made by a sheriff 
 71.35  was unsuccessful because the respondent is avoiding service by 
 71.36  concealment or otherwise; and 
 72.1      (2) a copy of the petition and order for hearing and any 
 72.2   temporary restraining order has been mailed to the respondent at 
 72.3   the respondent's residence or place of business, if the 
 72.4   respondent is an organization, or the respondent's residence or 
 72.5   place of business is not known to the petitioner. 
 72.6      (c) Regardless of the method of service, if the respondent 
 72.7   is a juvenile, whenever possible, the court also shall have 
 72.8   notice of the pendency of the case and of the time and place of 
 72.9   the hearing served by mail at the last known address upon any 
 72.10  parent or guardian of the juvenile respondent who is not the 
 72.11  petitioner. 
 72.12     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 72.13  and applies to crimes committed on or after that date. 
 72.14     Sec. 13.  Minnesota Statutes 2002, section 609.748, 
 72.15  subdivision 4, is amended to read: 
 72.16     Subd. 4.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
 72.17  issue a temporary restraining order ordering the respondent to 
 72.18  cease or avoid the harassment of another person or to have no 
 72.19  contact with that person if the petitioner files a petition in 
 72.20  compliance with subdivision 3 and if the court finds reasonable 
 72.21  grounds to believe that the respondent has engaged in 
 72.22  harassment.  When a petition alleges harassment as defined by 
 72.23  subdivision 1, paragraph (a), clause (1), the petition must 
 72.24  further allege an immediate and present danger of harassment 
 72.25  before the court may issue a temporary restraining order under 
 72.26  this section.  
 72.27     (b) Notice need not be given to the respondent before the 
 72.28  court issues a temporary restraining order under this 
 72.29  subdivision.  A copy of the restraining order must be served on 
 72.30  the respondent along with the order for hearing and petition, as 
 72.31  provided in subdivision 3.  If the respondent is a juvenile, 
 72.32  whenever possible, a copy of the restraining order, along with 
 72.33  notice of the pendency of the case and the time and place of the 
 72.34  hearing, shall also be served by mail at the last known address 
 72.35  upon any parent or guardian of the juvenile respondent who is 
 72.36  not the petitioner.  A temporary restraining order may be 
 73.1   entered only against the respondent named in the petition.  
 73.2      (c) The temporary restraining order is in effect until a 
 73.3   hearing is held on the issuance of a restraining order under 
 73.4   subdivision 5.  The court shall hold the hearing on the issuance 
 73.5   of a restraining order within 14 days after the temporary 
 73.6   restraining order is issued unless (1) the time period is 
 73.7   extended upon written consent of the parties; or (2) the time 
 73.8   period is extended if the petitioner requests a hearing.  The 
 73.9   hearing may be continued by the court for one additional 14-day 
 73.10  period upon a showing that the respondent has not been served 
 73.11  with a copy of the temporary restraining order despite the 
 73.12  exercise of due diligence or if service is made by published 
 73.13  notice under subdivision 3 and the petitioner files the 
 73.14  affidavit required under that subdivision. 
 73.15     (d) If the temporary restraining order has been issued and 
 73.16  the respondent requests a hearing, the hearing shall be 
 73.17  scheduled by the court upon receipt of the respondent's 
 73.18  request.  Service of the notice of hearing must be made upon the 
 73.19  petitioner not less than five days prior to the hearing.  The 
 73.20  court shall serve the notice of the hearing upon the petitioner 
 73.21  by mail in the manner provided in the rules of civil procedure 
 73.22  for pleadings subsequent to a complaint and motions and shall 
 73.23  also mail notice of the date and time of the hearing to the 
 73.24  respondent.  In the event that service cannot be completed in 
 73.25  time to give the respondent or petitioner the minimum notice 
 73.26  required under this subdivision, the court may set a new hearing 
 73.27  date. 
 73.28     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 73.29  and applies to crimes committed on or after that date. 
 73.30     Sec. 14.  Minnesota Statutes 2002, section 609.748, 
 73.31  subdivision 5, is amended to read: 
 73.32     Subd. 5.  [RESTRAINING ORDER.] (a) The court may grant a 
 73.33  restraining order ordering the respondent to cease or avoid the 
 73.34  harassment of another person or to have no contact with that 
 73.35  person if all of the following occur:  
 73.36     (1) the petitioner has filed a petition under subdivision 
 74.1   3; 
 74.2      (2) the sheriff has served respondent with a copy of the 
 74.3   temporary restraining order obtained under subdivision 4, and 
 74.4   with notice of the time and place of the right to request a 
 74.5   hearing, or service has been made by publication under 
 74.6   subdivision 3, paragraph (b); and 
 74.7      (3) the court finds at the hearing that there are 
 74.8   reasonable grounds to believe that the respondent has engaged in 
 74.9   harassment.  
 74.10  A restraining order may be issued only against the respondent 
 74.11  named in the petition; except that if the respondent is an 
 74.12  organization, the order may be issued against and apply to all 
 74.13  of the members of the organization.  Relief granted by the 
 74.14  restraining order must be for a fixed period of not more than 
 74.15  two years.  When a referee presides at the hearing on the 
 74.16  petition, the restraining order becomes effective upon the 
 74.17  referee's signature. 
 74.18     (b) An order issued under this subdivision must be 
 74.19  personally served upon the respondent. 
 74.20     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 74.21     Sec. 15.  [SENTENCING GUIDELINES MODIFICATIONS REQUIRED; 
 74.22  AGGRAVATING FACTOR; IDENTITY THEFT.] 
 74.23     By August 1, 2003, the sentencing guidelines commission 
 74.24  shall modify Minnesota Sentencing Guidelines, section II.D., by 
 74.25  adding to the list of the aggravating factors that may be used 
 74.26  as a basis for a sentencing departure, the offender's use of 
 74.27  another's identity without authorization to commit a crime.  
 74.28  This aggravating factor may not be used when the use of 
 74.29  another's identity is an element of the offense.  
 74.30     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 74.31  and applies to crimes committed on or after that date. 
 74.32     Sec. 16.  [REPEALER.] 
 74.33     Minnesota Statutes 2002, section 152.135, subdivision 4, is 
 74.34  repealed. 
 74.35     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 74.36  and applies to crimes committed on or after that date. 
 75.1                              ARTICLE 9 
 75.2                  DRIVING WHILE IMPAIRED PROVISIONS
 75.3      Section 1.  Minnesota Statutes 2002, section 169A.03, 
 75.4   subdivision 21, is amended to read: 
 75.5      Subd. 21.  [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 
 75.6   LICENSE.] (a) "Prior impaired driving-related loss of license" 
 75.7   includes a driver's license suspension, revocation, 
 75.8   cancellation, denial, or disqualification under: 
 75.9      (1) section 169A.31 (alcohol-related school bus or Head 
 75.10  Start bus driving); 169A.50 to 169A.53 (implied consent law); 
 75.11  169A.54 (impaired driving convictions and adjudications; 
 75.12  administrative penalties); 171.04 (persons not eligible for 
 75.13  drivers' licenses); 171.14 (cancellation); 171.16 (court may 
 75.14  recommend suspension); 171.165 (commercial driver's license, 
 75.15  disqualification); 171.17 (revocation); or 171.18 (suspension); 
 75.16  because of an alcohol-related incident; 
 75.17     (2) section 609.21 (criminal vehicular homicide and injury, 
 75.18  substance-related offenses), subdivision 1, clauses (2) to (6); 
 75.19  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 75.20  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 75.21  clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
 75.22     (3) Minnesota Statutes 1998, section 169.121 (driver under 
 75.23  influence of alcohol or controlled substance); 169.1211 
 75.24  (alcohol-related driving by commercial vehicle drivers); or 
 75.25  169.123 (chemical tests for intoxication); or 
 75.26     (4) an ordinance from this state, or a statute or ordinance 
 75.27  from another state, in conformity with any provision listed in 
 75.28  clause (1), (2), or (3). 
 75.29     (b) "Prior impaired driving-related loss of license" also 
 75.30  includes the revocation of snowmobile or all-terrain vehicle 
 75.31  operating privileges under section 84.911 (chemical testing), or 
 75.32  motorboat operating privileges under section 86B.335 (testing 
 75.33  for alcohol and controlled substances), for violations that 
 75.34  occurred on or after August 1, 1994; the revocation of 
 75.35  snowmobile or all-terrain vehicle operating privileges under 
 75.36  section 84.91 (operation of snowmobiles and all-terrain vehicles 
 76.1   by persons under the influence of alcohol or controlled 
 76.2   substances); or the revocation of motorboat operating privileges 
 76.3   under section 86B.331 (operation while using alcohol or drugs or 
 76.4   with a physical or mental disability). 
 76.5      (c) "Prior impaired driving-related loss of license" does 
 76.6   not include any license action stemming solely from a violation 
 76.7   of section 169A.33 (underage drinking and driving), 171.09 
 76.8   (conditions of a restricted license), or 340A.503 (persons under 
 76.9   the age of 21, illegal acts). 
 76.10     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 76.11  and applies to violations committed on or after that date. 
 76.12     Sec. 2.  Minnesota Statutes 2002, section 169A.03, is 
 76.13  amended by adding a subdivision to read: 
 76.14     Subd. 5a.  [CONTROL ANALYSIS.] "Control analysis" means a 
 76.15  procedure involving a solution that yields a predictable alcohol 
 76.16  concentration reading. 
 76.17     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 76.18  and applies to violations committed on or after that date. 
 76.19     Sec. 3.  [169A.06] [CLARIFYING LEGISLATIVE INTENT.] 
 76.20     During the year 2000 recodification of Minnesota's impaired 
 76.21  driving statutes, now codified in Minnesota Statutes 2002, 
 76.22  chapter 169A, it was the intention of the legislature to 
 76.23  continue the policy of accountability for previous convictions 
 76.24  of impaired driving-related offenses and previous impaired 
 76.25  driving-related driver's license actions.  Specifically, it was 
 76.26  the intention of the legislature to count as aggravating factors 
 76.27  all qualified prior impaired driving incidents occurring within 
 76.28  the past ten years of an incident for purposes of any criminal 
 76.29  or civil sanctions under Minnesota Statutes 2002, chapter 169A, 
 76.30  whether a prior incident occurred before, during, or after 1998 
 76.31  or 1996.  The references to "Minnesota Statutes 1998" and 
 76.32  "Minnesota Statutes 1996" in Minnesota Statutes 2002, section 
 76.33  169A.03, subdivisions 20 and 21, follow standard editorial 
 76.34  practice in drafting legislation and are used to refer the 
 76.35  reader to the most recent printing of Minnesota statutes that 
 76.36  contained the relevant provisions of statute as they existed 
 77.1   prior to recodification, and are not intended to limit the 
 77.2   look-back period. 
 77.3      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 77.4      Sec. 4.  Minnesota Statutes 2002, section 169A.20, 
 77.5   subdivision 2, is amended to read: 
 77.6      Subd. 2.  [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 
 77.7   a crime for any person to refuse to submit to a chemical test of 
 77.8   the person's blood, breath, or urine under section 169A.51 
 77.9   (chemical tests for intoxication), or 169A.52 (test refusal or 
 77.10  failure; revocation of license). 
 77.11     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 77.12  and applies to violations committed on or after that date. 
 77.13     Sec. 5.  Minnesota Statutes 2002, section 169A.25, 
 77.14  subdivision 1, is amended to read: 
 77.15     Subdivision 1.  [DEGREE DESCRIBED.] (a) A person who 
 77.16  violates section 169A.20, subdivision 1 (driving while 
 77.17  impaired crime), is guilty of second-degree driving while 
 77.18  impaired if two or more aggravating factors were present when 
 77.19  the violation was committed.  
 77.20     (b) A person who violates section 169A.20, subdivision 2 
 77.21  (refusal to submit to chemical test crime), is guilty of 
 77.22  second-degree driving while impaired if one aggravating factor 
 77.23  was present when the violation was committed. 
 77.24     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 77.25  and applies to violations committed on or after that date. 
 77.26     Sec. 6.  Minnesota Statutes 2002, section 169A.26, 
 77.27  subdivision 1, is amended to read: 
 77.28     Subdivision 1.  [DEGREE DESCRIBED.] (a) A person who 
 77.29  violates section 169A.20, subdivision 1 (driving while 
 77.30  impaired crime), is guilty of third-degree driving while 
 77.31  impaired if one aggravating factor was present when the 
 77.32  violation was committed.  
 77.33     (b) A person who violates section 169A.20, subdivision 2 
 77.34  (refusal to submit to chemical test crime), is guilty of 
 77.35  third-degree driving while impaired. 
 77.36     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 78.1   and applies to violations committed on or after that date. 
 78.2      Sec. 7.  Minnesota Statutes 2002, section 169A.27, 
 78.3   subdivision 1, is amended to read: 
 78.4      Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
 78.5   section 169A.20, subdivision 1 (driving while impaired crime), 
 78.6   is guilty of fourth-degree driving while impaired. 
 78.7      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 78.8   and applies to violations committed on or after that date. 
 78.9      Sec. 8.  Minnesota Statutes 2002, section 169A.275, 
 78.10  subdivision 3, is amended to read: 
 78.11     Subd. 3.  [FOURTH OFFENSE.] (a) Unless the court commits 
 78.12  the person to the custody of the commissioner of corrections as 
 78.13  provided in section 169A.276 (mandatory penalties; felony 
 78.14  violations), the court shall sentence a person who is convicted 
 78.15  of a violation of section 169A.20 (driving while impaired) 
 78.16  within ten years of the first of three qualified prior impaired 
 78.17  driving incidents to either: 
 78.18     (1) a minimum of 180 days of incarceration, at least 30 
 78.19  days of which must be served consecutively in a local 
 78.20  correctional facility; or 
 78.21     (2) a program of intensive supervision of the type 
 78.22  described in section 169A.74 (pilot programs of intensive 
 78.23  probation for repeat DWI offenders) that requires the person to 
 78.24  consecutively serve at least six days in a local correctional 
 78.25  facility; or 
 78.26     (3) a program of staggered sentencing involving a minimum 
 78.27  of 180 days of incarceration, at least 30 days of which must be 
 78.28  served consecutively in a local correctional facility.  
 78.29     (b) The court may order that the person serve not more than 
 78.30  150 days of the minimum penalty under paragraph (a), clause (1), 
 78.31  on home detention or in an intensive probation program described 
 78.32  in section 169A.74.  Notwithstanding section 609.135, the 
 78.33  penalties in this subdivision must be imposed and executed. 
 78.34     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 78.35  and applies to violations committed on or after that date. 
 78.36     Sec. 9.  Minnesota Statutes 2002, section 169A.275, 
 79.1   subdivision 4, is amended to read: 
 79.2      Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Unless the court 
 79.3   commits the person to the custody of the commissioner of 
 79.4   corrections as provided in section 169A.276 (mandatory 
 79.5   penalties; felony violations), the court shall sentence a person 
 79.6   who is convicted of a violation of section 169A.20 (driving 
 79.7   while impaired) within ten years of the first of four or more 
 79.8   qualified prior impaired driving incidents to either: 
 79.9      (1) a minimum of one year of incarceration, at least 60 
 79.10  days of which must be served consecutively in a local 
 79.11  correctional facility; or 
 79.12     (2) a program of intensive supervision of the type 
 79.13  described in section 169A.74 (pilot programs of intensive 
 79.14  probation for repeat DWI offenders) that requires the person to 
 79.15  consecutively serve at least six days in a local correctional 
 79.16  facility; or 
 79.17     (3) a program of staggered sentencing involving a minimum 
 79.18  of one year of incarceration, at least 60 days of which must be 
 79.19  served consecutively in a local correctional facility.  
 79.20     (b) The court may order that the person serve the remainder 
 79.21  of the minimum penalty under paragraph (a), clause (1), on 
 79.22  intensive probation using an electronic monitoring system or, if 
 79.23  such a system is unavailable, on home detention.  
 79.24  Notwithstanding section 609.135, the penalties in this 
 79.25  subdivision must be imposed and executed. 
 79.26     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 79.27  and applies to violations committed on or after that date. 
 79.28     Sec. 10.  Minnesota Statutes 2002, section 169A.275, is 
 79.29  amended by adding a subdivision to read: 
 79.30     Subd. 6.  [DEFINITIONS.] (a) For purposes of this section, 
 79.31  the following terms have the meanings given. 
 79.32     (b) "Staggered sentencing" means a sentencing procedure in 
 79.33  which the court sentences a person convicted of a gross 
 79.34  misdemeanor or felony violation of section 169A.20 (driving 
 79.35  while impaired) to an executed sentence of incarceration in a 
 79.36  local correctional facility, to be served in equal segments in 
 80.1   three or more consecutive years.  Before reporting for any 
 80.2   subsequent segment of incarceration after the first segment, the 
 80.3   offender shall be regularly involved in a structured sobriety 
 80.4   group and may bring a motion before the court requesting to have 
 80.5   that segment of incarceration stayed.  The motion must be 
 80.6   brought before the same judge who initially pronounced the 
 80.7   sentence.  Before bringing the motion, the offender shall 
 80.8   participate for 30 days in a remote electronic 
 80.9   alcohol-monitoring program under the direction of the person's 
 80.10  probation agent.  It is within the court's discretion to stay 
 80.11  the second or subsequent segment of remote electronic alcohol 
 80.12  monitoring or incarceration that has previously been ordered. 
 80.13  The court shall consider any alcohol-monitoring results and the 
 80.14  recommendation of the probation agent, together with any other 
 80.15  factors deemed relevant by the court, in deciding whether to 
 80.16  modify the sentence by ordering a stay of the next following 
 80.17  segment of remote electronic alcohol monitoring or incarceration 
 80.18  that the court had initially ordered to be executed.  
 80.19     (c) When the court stays a segment of incarceration that it 
 80.20  has previously ordered to be executed, that portion of the 
 80.21  sentence must be added to the total number of days the defendant 
 80.22  is subject to serving in custody if the person subsequently 
 80.23  violates any of the conditions of that stay of execution. 
 80.24     (d) A structured sobriety group is an organization that has 
 80.25  regular meetings focusing on sobriety and includes, but is not 
 80.26  limited to, Alcoholics Anonymous. 
 80.27     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 80.28  and applies to violations committed on or after that date. 
 80.29     Sec. 11.  Minnesota Statutes 2002, section 169A.40, 
 80.30  subdivision 3, is amended to read: 
 80.31     Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE CERTAIN DWI 
 80.32  OFFENDERS; CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the 
 80.33  Rules of Criminal Procedure, a peace officer acting without a 
 80.34  warrant who has decided to proceed with the prosecution of a 
 80.35  person for violating section 169A.20 (driving while impaired), 
 80.36  shall arrest and take the person into custody, and the person 
 81.1   must be detained until the person's first court appearance, if 
 81.2   the officer has reason to believe that the violation occurred: 
 81.3      (1) under the circumstances described in section 169A.24 
 81.4   (first-degree driving while impaired) or 169A.25 (second-degree 
 81.5   driving while impaired).; 
 81.6      (2) under the circumstances described in section 169A.26 
 81.7   (third-degree driving while impaired) if the person is under the 
 81.8   age of 19; 
 81.9      (3) in the presence of an aggravating factor described in 
 81.10  section 169A.03, subdivision 3, clause (2) or (3); or 
 81.11     (4) while the person's driver's license or driving 
 81.12  privileges have been canceled under section 171.04, subdivision 
 81.13  1, clause (10) (persons not eligible for drivers' licenses, 
 81.14  inimical to public safety).  
 81.15     The person shall be detained until the person's first court 
 81.16  appearance.  
 81.17     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 81.18  and applies to violations committed on or after that date. 
 81.19     Sec. 12.  Minnesota Statutes 2002, section 169A.44, is 
 81.20  amended to read: 
 81.21     169A.44 [CONDITIONAL RELEASE.] 
 81.22     Subdivision 1.  [NONFELONY VIOLATIONS.] (a) This section 
 81.23  subdivision applies to a person charged with: 
 81.24     (1) a nonfelony violation of section 169A.20 (driving while 
 81.25  impaired) within ten years of the first of two or more prior 
 81.26  impaired driving convictions; 
 81.27     (2) a violation of section 169A.20, if the person is under 
 81.28  the age of 19 years and has previously been convicted of 
 81.29  violating section 169A.20 or Minnesota Statutes 1998, section 
 81.30  169.121 (driver under the influence of alcohol or controlled 
 81.31  substance); 
 81.32     (3) a violation of section 169A.20, while the person's 
 81.33  driver's license or driving privileges have been canceled under 
 81.34  section 171.04, subdivision 1, clause (10) (persons not eligible 
 81.35  for drivers' licenses, inimical to public safety); or 
 81.36     (4) a violation of section 169A.20 by a person having an 
 82.1   alcohol concentration of 0.20 or more as measured at the time, 
 82.2   or within two hours of the time, of the offense under 
 82.3   circumstances described in section 169A.40, subdivision 3 
 82.4   (certain DWI offenders; custodial arrest). 
 82.5      (b) Unless maximum bail is imposed under section 629.471, a 
 82.6   person described in paragraph (a) may be released from detention 
 82.7   only if the person agrees to:  
 82.8      (1) abstain from alcohol; and 
 82.9      (2) submit to a program of electronic alcohol monitoring, 
 82.10  involving at least daily measurements of the person's alcohol 
 82.11  concentration, pending resolution of the charge. 
 82.12  Clause (2) applies only when electronic alcohol-monitoring 
 82.13  equipment is available to the court.  The court shall require 
 82.14  partial or total reimbursement from the person for the cost of 
 82.15  the electronic alcohol-monitoring, to the extent the person is 
 82.16  able to pay. 
 82.17     (c) Unless maximum bail is imposed under section 629.471, 
 82.18  subdivision 2, 
 82.19     Subd. 2.  [FELONY VIOLATIONS.] (a) A person charged with 
 82.20  violating section 169A.20 within ten years of the first of three 
 82.21  or more qualified prior impaired driving convictions incidents 
 82.22  may be released from detention only if the following conditions 
 82.23  are imposed in addition to the condition imposed:  
 82.24     (1) the conditions described in subdivision 1, paragraph 
 82.25  (b), if applicable, and any other conditions of release ordered 
 82.26  by the court:; 
 82.27     (1) (2) the impoundment of the registration plates of the 
 82.28  vehicle used to commit the violation, unless already impounded; 
 82.29     (2) (3) if the vehicle used to commit the violation was an 
 82.30  off-road recreational vehicle or a motorboat, the impoundment of 
 82.31  the off-road recreational vehicle or motorboat; 
 82.32     (3) (4) a requirement that the person report weekly to a 
 82.33  probation agent; 
 82.34     (4) (5) a requirement that the person abstain from 
 82.35  consumption of alcohol and controlled substances and submit to 
 82.36  random alcohol tests or urine analyses at least weekly; and 
 83.1      (5) (6) a requirement that, if convicted, the person 
 83.2   reimburse the court or county for the total cost of these 
 83.3   services; and 
 83.4      (7) any other conditions of release ordered by the court. 
 83.5      (b) In addition to setting forth conditions of release 
 83.6   under paragraph (a), if required by court rule, the court shall 
 83.7   also fix the amount of money bail without other conditions upon 
 83.8   which the defendant may obtain release. 
 83.9      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 83.10  and applies to violations committed on or after that date. 
 83.11     Sec. 13.  Minnesota Statutes 2002, section 169A.51, 
 83.12  subdivision 5, is amended to read: 
 83.13     Subd. 5.  [BREATH TEST USING INFRARED BREATH-TESTING 
 83.14  INSTRUMENT.] (a) In the case of a breath test administered using 
 83.15  an infrared breath-testing instrument, the test must consist of 
 83.16  analyses in the following sequence:  one adequate breath-sample 
 83.17  analysis, one calibration standard control analysis, and a 
 83.18  second, adequate breath-sample analysis. 
 83.19     (b) In the case of a test administered using an infrared 
 83.20  breath-testing instrument, a sample is adequate if the 
 83.21  instrument analyzes the sample and does not indicate the sample 
 83.22  is deficient. 
 83.23     (c) For purposes of section 169A.52 (revocation of license 
 83.24  for test failure or refusal), when a test is administered using 
 83.25  an infrared breath-testing instrument, failure of a person to 
 83.26  provide two separate, adequate breath samples in the proper 
 83.27  sequence constitutes a refusal. 
 83.28     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 83.29  and applies to violations committed on or after that date. 
 83.30     Sec. 14.  Minnesota Statutes 2002, section 169A.53, 
 83.31  subdivision 3, is amended to read: 
 83.32     Subd. 3.  [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial 
 83.33  review hearing under this section must be before a district 
 83.34  judge in any county in the judicial district where the alleged 
 83.35  offense occurred.  The hearing is to the court and may be 
 83.36  conducted at the same time and in the same manner as hearings 
 84.1   upon pretrial motions in the criminal prosecution under section 
 84.2   169A.20 (driving while impaired), if any.  The hearing must be 
 84.3   recorded.  The commissioner shall appear and be represented by 
 84.4   the attorney general or through the prosecuting authority for 
 84.5   the jurisdiction involved.  The hearing must be held at the 
 84.6   earliest practicable date, and in any event no later than 60 
 84.7   days following the filing of the petition for review.  The 
 84.8   judicial district administrator shall establish procedures to 
 84.9   ensure efficient compliance with this subdivision.  To 
 84.10  accomplish this, the administrator may, whenever possible, 
 84.11  consolidate and transfer review hearings among the locations 
 84.12  within the judicial district where terms of district court are 
 84.13  held. 
 84.14     (b) The scope of the hearing is limited to the issues in 
 84.15  clauses (1) to (10): 
 84.16     (1) Did the peace officer have probable cause to believe 
 84.17  the person was driving, operating, or in physical control of a 
 84.18  motor vehicle or commercial motor vehicle in violation of 
 84.19  section 169A.20 (driving while impaired)? 
 84.20     (2) Was the person lawfully placed under arrest for 
 84.21  violation of section 169A.20? 
 84.22     (3) Was the person involved in a motor vehicle accident or 
 84.23  collision resulting in property damage, personal injury, or 
 84.24  death? 
 84.25     (4) Did the person refuse to take a screening test provided 
 84.26  for by section 169A.41 (preliminary screening test)? 
 84.27     (5) If the screening test was administered, did the test 
 84.28  indicate an alcohol concentration of 0.10 or more? 
 84.29     (6) At the time of the request for the test, did the peace 
 84.30  officer inform the person of the person's rights and the 
 84.31  consequences of taking or refusing the test as required by 
 84.32  section 169A.51, subdivision 2? 
 84.33     (7) Did the person refuse to permit the test? 
 84.34     (8) If a test was taken by a person driving, operating, or 
 84.35  in physical control of a motor vehicle, did the test results 
 84.36  indicate at the time of testing: 
 85.1      (i) an alcohol concentration of 0.10 or more; or 
 85.2      (ii) the presence of a controlled substance listed in 
 85.3   schedule I or II, other than marijuana or tetrahydrocannabinols? 
 85.4      (9) If a test was taken by a person driving, operating, or 
 85.5   in physical control of a commercial motor vehicle, did the test 
 85.6   results indicate an alcohol concentration of 0.04 or more at the 
 85.7   time of testing? 
 85.8      (10) Was the testing method used valid and reliable and 
 85.9   were the test results accurately evaluated? 
 85.10     (c) It is an affirmative defense for the petitioner to 
 85.11  prove that, at the time of the refusal, the petitioner's refusal 
 85.12  to permit the test was based upon reasonable grounds. 
 85.13     (d) Certified or otherwise authenticated copies of 
 85.14  laboratory or medical personnel reports, records, documents, 
 85.15  licenses, and certificates are admissible as substantive 
 85.16  evidence. 
 85.17     (e) The court shall order that the revocation or 
 85.18  disqualification be either rescinded or sustained and forward 
 85.19  the order to the commissioner.  The court shall file its order 
 85.20  within 14 days following the hearing.  If the revocation or 
 85.21  disqualification is sustained, the court shall also forward the 
 85.22  person's driver's license or permit to the commissioner for 
 85.23  further action by the commissioner if the license or permit is 
 85.24  not already in the commissioner's possession. 
 85.25     (f) Any party aggrieved by the decision of the reviewing 
 85.26  court may appeal the decision as provided in the rules of 
 85.27  appellate procedure. 
 85.28     (g) The civil hearing under this section shall not give 
 85.29  rise to an estoppel on any issues arising from the same set of 
 85.30  circumstances in any criminal prosecution. 
 85.31     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 85.32  and applies to violations committed on or after that date. 
 85.33     Sec. 15.  Minnesota Statutes 2002, section 169A.54, 
 85.34  subdivision 6, is amended to read: 
 85.35     Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
 85.36  (a) Any person whose license has been revoked pursuant to 
 86.1   section 169A.52 (license revocation for test failure or refusal) 
 86.2   as the result of the same incident, and who does not have a 
 86.3   qualified prior impaired driving incident, is subject to the 
 86.4   mandatory revocation provisions of subdivision 1, clause (1) or 
 86.5   (2), in lieu of the mandatory revocation provisions of section 
 86.6   169A.52. 
 86.7      (b) Paragraph (a) does not apply to: 
 86.8      (1) a person whose license has been revoked under 
 86.9   subdivision 2 (driving while impaired by person under age 
 86.10  21); or 
 86.11     (2) a person whose driver's license has been revoked for, 
 86.12  or who is charged with violating, a violation of section 169A.20 
 86.13  (driving while impaired) with the an aggravating factor of 
 86.14  having an alcohol concentration of 0.20 or more as measured at 
 86.15  the time, or within two hours of the time, of the offense, and 
 86.16  the person is convicted of that offense or any other offense 
 86.17  described in section 169A.20 arising out of the same set of 
 86.18  circumstances; or 
 86.19     (3) a person charged with violating section 169A.20 
 86.20  (driving while impaired) with the aggravating factor of having a 
 86.21  child under the age of 16 in the vehicle and the child is more 
 86.22  than 36 months younger than the offender, and the person is 
 86.23  convicted of that offense or any other offense described in 
 86.24  section 169A.20 arising out of the same set of 
 86.25  circumstances described in section 169A.03, subdivision 3, 
 86.26  clause (2) or (3). 
 86.27     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 86.28  and applies to violations committed on or after that date. 
 86.29     Sec. 16.  Minnesota Statutes 2002, section 169A.60, 
 86.30  subdivision 8, is amended to read: 
 86.31     Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
 86.32  commissioner shall rescind the impoundment order of a person 
 86.33  subject to an order under this section, other than the violator, 
 86.34  if: 
 86.35     (1) the violator had a valid driver's license on the date 
 86.36  of the plate impoundment violation and the person files with the 
 87.1   commissioner an acceptable sworn statement containing the 
 87.2   following information: 
 87.3      (i) that the person is the registered owner of the vehicle 
 87.4   from which the plates have been impounded under this section; 
 87.5      (ii) that the person is the current owner and possessor of 
 87.6   the vehicle used in the violation; 
 87.7      (iii) the date on which the violator obtained the vehicle 
 87.8   from the registered owner; 
 87.9      (iv) the residence addresses of the registered owner and 
 87.10  the violator on the date the violator obtained the vehicle from 
 87.11  the registered owner; 
 87.12     (v) that the person was not a passenger in the vehicle at 
 87.13  the time of the plate impoundment violation; and 
 87.14     (vi) that the person knows that the violator may not drive, 
 87.15  operate, or be in physical control of a vehicle without a valid 
 87.16  driver's license; or 
 87.17     (2) the violator did not have a valid driver's license on 
 87.18  the date of the plate impoundment violation and the person made 
 87.19  a report to law enforcement before the violation stating that 
 87.20  the vehicle had been taken from the person's possession or was 
 87.21  being used without permission. 
 87.22     (b) A person who has failed to make a report as provided in 
 87.23  paragraph (a), clause (2), may be issued special registration 
 87.24  plates under subdivision 13 for a period of one year from the 
 87.25  effective date of the impoundment order.  At the next 
 87.26  registration renewal Following this period, the person may apply 
 87.27  for regular registration plates. 
 87.28     (c) If the order is rescinded, the owner shall receive new 
 87.29  registration plates at no cost, if the plates were seized and 
 87.30  destroyed. 
 87.31     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 87.32  and applies to violations committed on or after that date. 
 87.33     Sec. 17.  Minnesota Statutes 2002, section 169A.60, 
 87.34  subdivision 13, is amended to read: 
 87.35     Subd. 13.  [SPECIAL REGISTRATION PLATES.] (a) At any time 
 87.36  during the effective period of an impoundment order, a violator 
 88.1   or registered owner may apply to the commissioner for new 
 88.2   registration plates, which must bear a special series of numbers 
 88.3   or letters so as to be readily identified by traffic law 
 88.4   enforcement officers.  The commissioner may authorize the 
 88.5   issuance of special plates if: 
 88.6      (1) the violator has a qualified licensed driver whom the 
 88.7   violator must identify; 
 88.8      (2) the violator or registered owner has a limited license 
 88.9   issued under section 171.30; 
 88.10     (3) the registered owner is not the violator and the 
 88.11  registered owner has a valid or limited driver's license; 
 88.12     (4) a member of the registered owner's household has a 
 88.13  valid driver's license; or 
 88.14     (5) the violator has been reissued a valid driver's license.
 88.15     (b) The commissioner may not issue new registration plates 
 88.16  for that vehicle subject to plate impoundment for a period of at 
 88.17  least one year from the date of the impoundment order and until 
 88.18  the next regularly scheduled registration date following the 
 88.19  impoundment period.  In addition, if the owner is the violator, 
 88.20  new registration plates may not be issued for the vehicle unless 
 88.21  the person has been reissued a valid driver's license in 
 88.22  accordance with chapter 171. 
 88.23     (c) A violator may not apply for new registration plates 
 88.24  for a vehicle at any time before the person's driver's license 
 88.25  is reinstated. 
 88.26     (d) The commissioner may issue the special plates on 
 88.27  payment of a $50 fee for each vehicle for which special plates 
 88.28  are requested. 
 88.29     (e) Paragraphs (a) to (d) notwithstanding, the commissioner 
 88.30  must issue upon request new registration plates for a vehicle 
 88.31  for which the registration plates have been impounded if: 
 88.32     (1) the impoundment order is rescinded; 
 88.33     (2) the vehicle is transferred in compliance with 
 88.34  subdivision 14; or 
 88.35     (3) the vehicle is transferred to a Minnesota automobile 
 88.36  dealer licensed under section 168.27, a financial institution 
 89.1   that has submitted a repossession affidavit, or a government 
 89.2   agency. 
 89.3      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 89.4   and applies to violations committed on or after that date. 
 89.5      Sec. 18.  [169A.78] [AIDING AND ABETTING.] 
 89.6      Every person who commits or attempts to commit, conspires 
 89.7   to commit, or aids or abets in the commission of any act 
 89.8   declared in this chapter to be an offense, whether individually 
 89.9   or in connection with one or more other persons or as principal, 
 89.10  agent, or accessory, is guilty of that offense, and every person 
 89.11  who falsely, fraudulently, forcibly, or willfully induces, 
 89.12  causes, coerces, requires, permits, or directs another to 
 89.13  violate any provision of this chapter is likewise guilty of that 
 89.14  offense. 
 89.15     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 89.16  and applies to violations committed on or after that date. 
 89.17     Sec. 19.  Minnesota Statutes 2002, section 609.135, 
 89.18  subdivision 2, is amended to read: 
 89.19     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 89.20  conviction is for a felony other than section 609.21, 
 89.21  subdivision 2, 2a, or 4, the stay shall be for not more than 
 89.22  four years or the maximum period for which the sentence of 
 89.23  imprisonment might have been imposed, whichever is longer. 
 89.24     (b) If the conviction is for a gross misdemeanor violation 
 89.25  of section 169A.20 or 609.21, subdivision 2b, or for a felony 
 89.26  described in section 609.21, subdivision 2, 2a, or 4, the stay 
 89.27  shall be for not more than six years.  The court shall provide 
 89.28  for unsupervised probation for the last year of the stay unless 
 89.29  the court finds that the defendant needs supervised probation 
 89.30  for all or part of the last year. 
 89.31     (c) If the conviction is for a gross misdemeanor not 
 89.32  specified in paragraph (b), the stay shall be for not more than 
 89.33  two years. 
 89.34     (d) If the conviction is for any misdemeanor under section 
 89.35  169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 89.36  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 90.1   which the victim of the crime was a family or household member 
 90.2   as defined in section 518B.01, the stay shall be for not more 
 90.3   than two years.  The court shall provide for unsupervised 
 90.4   probation for the second year of the stay unless the court finds 
 90.5   that the defendant needs supervised probation for all or part of 
 90.6   the second year. 
 90.7      (e) If the conviction is for a misdemeanor not specified in 
 90.8   paragraph (d), the stay shall be for not more than one year.  
 90.9      (f) The defendant shall be discharged six months after the 
 90.10  term of the stay expires, unless the stay has been revoked or 
 90.11  extended under paragraph (g), or the defendant has already been 
 90.12  discharged. 
 90.13     (g) Notwithstanding the maximum periods specified for stays 
 90.14  of sentences under paragraphs (a) to (f), a court may extend a 
 90.15  defendant's term of probation for up to one year if it finds, at 
 90.16  a hearing conducted under subdivision 1a, that: 
 90.17     (1) the defendant has not paid court-ordered restitution or 
 90.18  a fine in accordance with the payment schedule or structure; and 
 90.19     (2) the defendant is likely to not pay the restitution or 
 90.20  fine the defendant owes before the term of probation expires.  
 90.21  This one-year extension of probation for failure to pay 
 90.22  restitution or a fine may be extended by the court for up to one 
 90.23  additional year if the court finds, at another hearing conducted 
 90.24  under subdivision 1a, that the defendant still has not paid the 
 90.25  court-ordered restitution or fine that the defendant owes. 
 90.26     (h) Notwithstanding the maximum periods specified for stays 
 90.27  of sentences under paragraphs (a) to (f), a court may extend a 
 90.28  defendant's term of probation for up to three years if it finds, 
 90.29  at a hearing conducted under subdivision 1c, that: 
 90.30     (1) the defendant has failed to complete court-ordered 
 90.31  treatment successfully; and 
 90.32     (2) the defendant is likely not to complete court-ordered 
 90.33  treatment before the term of probation expires. 
 90.34     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 90.35  and applies to violations committed on or after that date. 
 90.36     Sec. 20.  Minnesota Statutes 2002, section 629.471, is 
 91.1   amended by adding a subdivision to read: 
 91.2      Subd. 4.  [NOT APPLICABLE FOR FELONY DWI.] This section 
 91.3   does not apply to persons charged with a felony violation under 
 91.4   section 169A.20. 
 91.5      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 91.6   and applies to violations committed on or after that date. 
 91.7                              ARTICLE 10 
 91.8                             PROSTITUTION
 91.9      Section 1.  Minnesota Statutes 2002, section 609.322, is 
 91.10  amended by adding a subdivision to read: 
 91.11     Subd. 1c.  [AGGREGATION OF CASES.] Acts by the defendant in 
 91.12  violation of any one or more of the provisions in this section 
 91.13  within any six-month period may be aggregated and the defendant 
 91.14  charged accordingly in applying the provisions of this section; 
 91.15  provided that when two or more offenses are committed by the 
 91.16  same person in two or more counties, the accused may be 
 91.17  prosecuted in any county in which one of the offenses was 
 91.18  committed for all of the offenses aggregated under this 
 91.19  paragraph.  
 91.20     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 91.21  and applies to crimes committed on or after that date. 
 91.22     Sec. 2.  Minnesota Statutes 2002, section 609.324, is 
 91.23  amended to read: 
 91.24     609.324 [OTHER PROHIBITED ACTS OTHER PROSTITUTION CRIMES; 
 91.25  PATRONS, PROSTITUTES, AND INDIVIDUALS HOUSING INDIVIDUALS 
 91.26  ENGAGED IN PROSTITUTION; PENALTIES.] 
 91.27     Subdivision 1.  [CRIME DEFINED ENGAGING IN, HIRING, OR 
 91.28  AGREEING TO HIRE A MINOR TO ENGAGE IN PROSTITUTION; PENALTIES.] 
 91.29  (a) Whoever intentionally does any of the following may be 
 91.30  sentenced to imprisonment for not more than 20 years or to 
 91.31  payment of a fine of not more than $40,000, or both: 
 91.32     (1) engages in prostitution with an individual under the 
 91.33  age of 13 years; or 
 91.34     (2) hires or offers or agrees to hire an individual under 
 91.35  the age of 13 years to engage in sexual penetration or sexual 
 91.36  contact.  
 92.1      (b) Whoever intentionally does any of the following may be 
 92.2   sentenced to imprisonment for not more than ten years or to 
 92.3   payment of a fine of not more than $20,000, or both:  
 92.4      (1) engages in prostitution with an individual under the 
 92.5   age of 16 years but at least 13 years; or 
 92.6      (2) hires or offers or agrees to hire an individual under 
 92.7   the age of 16 years but at least 13 years to engage in sexual 
 92.8   penetration or sexual contact.  
 92.9      (c) Whoever intentionally does any of the following may be 
 92.10  sentenced to imprisonment for not more than five years or to 
 92.11  payment of a fine of not more than $10,000, or both:  
 92.12     (1) engages in prostitution with an individual under the 
 92.13  age of 18 years but at least 16 years; or 
 92.14     (2) hires or offers or agrees to hire an individual under 
 92.15  the age of 18 years but at least 16 years to engage in sexual 
 92.16  penetration or sexual contact. 
 92.17     Subd. 1a.  [HOUSING AN UNRELATED MINOR ENGAGED IN 
 92.18  PROSTITUTION; PENALTIES.] Any person, other than one related by 
 92.19  blood, adoption, or marriage to the minor, who permits a minor 
 92.20  to reside, temporarily or permanently, in the person's dwelling 
 92.21  without the consent of the minor's parents or guardian, knowing 
 92.22  or having reason to know that the minor is engaging in 
 92.23  prostitution may be sentenced to imprisonment for not more than 
 92.24  one year or to payment of a fine of not more than $3,000, or 
 92.25  both; except that, this subdivision does not apply to 
 92.26  residential placements made, sanctioned, or supervised by a 
 92.27  public or private social service agency. 
 92.28     Subd. 2.  [SOLICITATION IN PUBLIC PLACE OR ACCEPTANCE OF 
 92.29  SOLICITATION TO ENGAGE IN PROSTITUTION; PENALTY.] Whoever 
 92.30  solicits or accepts a solicitation to engage for hire in sexual 
 92.31  penetration or sexual contact while in a public place may be 
 92.32  sentenced to imprisonment for not more than one year or to 
 92.33  payment of a fine of not more than $3,000 or both.  Except as 
 92.34  otherwise provided in subdivision 4, a person who is convicted 
 92.35  of violating this subdivision while acting as a patron must, at 
 92.36  a minimum, be sentenced to pay a fine of at least $1,500. 
 93.1      Subd. 3.  [HIRE TO ENGAGE ENGAGING IN, HIRING, OR AGREEING 
 93.2   TO HIRE AN ADULT TO ENGAGE IN PROSTITUTION; PENALTIES.] Whoever 
 93.3   intentionally does any of the following may be sentenced to 
 93.4   imprisonment for not more than 90 days or to payment of a fine 
 93.5   of not more than $700, or both:  
 93.6      (1) engages in prostitution with an individual 18 years of 
 93.7   age or above; or 
 93.8      (2) hires or offers or agrees to hire an individual 18 
 93.9   years of age or above to engage in sexual penetration or sexual 
 93.10  contact.  Except as otherwise provided in subdivision 4, a 
 93.11  person who is convicted of violating clause (1) or (2) while 
 93.12  acting as a patron must, at a minimum, be sentenced to pay a 
 93.13  fine of at least $500. 
 93.14     Whoever violates the provisions of this subdivision within 
 93.15  two years of a previous conviction may be sentenced to 
 93.16  imprisonment for not more than one year or to payment of a fine 
 93.17  of not more than $3,000, or both.  Except as otherwise provided 
 93.18  in subdivision 4, a person who is convicted of a gross 
 93.19  misdemeanor violation of this subdivision while acting as a 
 93.20  patron, must, at a minimum, be sentenced as follows:  
 93.21     (1) to pay a fine of at least $1,500; and 
 93.22     (2) to serve 20 hours of community work service. 
 93.23     The court may waive the mandatory community work service if 
 93.24  it makes specific, written findings that the community work 
 93.25  service is not feasible or appropriate under the circumstances 
 93.26  of the case. 
 93.27     Subd. 4.  [COMMUNITY SERVICE IN LIEU OF MINIMUM FINE.] The 
 93.28  court may order a person convicted of violating subdivision 2 or 
 93.29  3 to perform community work service in lieu of all or a portion 
 93.30  of the minimum fine required under those subdivisions if the 
 93.31  court makes specific, written findings that the convicted person 
 93.32  is indigent or that payment of the fine would create undue 
 93.33  hardship for the convicted person or that person's immediate 
 93.34  family.  Community work service ordered under this subdivision 
 93.35  is in addition to any mandatory community work service ordered 
 93.36  under subdivision 3. 
 94.1      Subd. 5.  [USE OF MOTOR VEHICLE TO PATRONIZE PROSTITUTES; 
 94.2   DRIVING RECORD NOTATION.] When a court sentences a person 
 94.3   convicted of violating this section while acting as a patron, 
 94.4   the court shall determine whether the person used a motor 
 94.5   vehicle during the commission of the offense.  If the court 
 94.6   finds that the person used a motor vehicle during the commission 
 94.7   of the offense, it shall forward its finding to the commissioner 
 94.8   of public safety who shall record the finding on the person's 
 94.9   driving record.  The finding is classified as private data on 
 94.10  individuals, as defined in section 13.02, subdivision 12. 
 94.11     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 94.12  and applies to crimes committed on or after that date. 
 94.13     Sec. 3.  Minnesota Statutes 2002, section 609.3241, is 
 94.14  amended to read: 
 94.15     609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
 94.16     When a court sentences an adult convicted of violating 
 94.17  section 609.322 or 609.324, while acting other than as a 
 94.18  prostitute, the court shall impose an assessment of not less 
 94.19  than $250 and not more than $500 for a violation of section 
 94.20  609.324, subdivision 2, or a misdemeanor violation of section 
 94.21  609.324, subdivision 3; otherwise the court shall impose an 
 94.22  assessment of not less than $500 and not more than $1,000.  The 
 94.23  mandatory minimum portion of the assessment is to be used for 
 94.24  the purposes described in section 626.558, subdivision 2a, and 
 94.25  is in addition to the surcharge required by section 357.021, 
 94.26  subdivision 6.  Any portion of the assessment imposed in excess 
 94.27  of the mandatory minimum amount shall be forwarded to the 
 94.28  general fund and is appropriated annually to the commissioner of 
 94.29  corrections public safety.  The commissioner, with the 
 94.30  assistance of the general crime victims advisory council, shall 
 94.31  use money received under this section for grants to agencies 
 94.32  that provide assistance to individuals who have stopped or wish 
 94.33  to stop engaging in prostitution.  Grant money may be used to 
 94.34  provide these individuals with medical care, child care, 
 94.35  temporary housing, and educational expenses. 
 94.36     [EFFECTIVE DATE.] This section is effective the day 
 95.1   following final enactment.  
 95.2      Sec. 4.  [COLLECTION OF INFORMATION AND STUDY ON CERTAIN 
 95.3   PROSTITUTION CASES; REPORT.] 
 95.4      Subdivision 1.  [DEFINITIONS.] (a) The following terms have 
 95.5   the meanings given them. 
 95.6      (b) "Intermediate sanctions" has the meaning given in 
 95.7   Minnesota Statutes, section 609.135, subdivision 1, paragraph 
 95.8   (b). 
 95.9      (c) "Patron" has the meaning given in Minnesota Statutes, 
 95.10  section 609.321, subdivision 4. 
 95.11     (d) "Promotes the prostitution of an individual" has the 
 95.12  meaning given in Minnesota Statutes, section 609.321, 
 95.13  subdivision 7. 
 95.14     (e) "Prostitute" has the meaning given in Minnesota 
 95.15  Statutes, section 609.321, subdivision 8. 
 95.16     (f) "Prostitution crime" means a violation of Minnesota 
 95.17  Statutes, section 609.322 or 609.324. 
 95.18     Subd. 2.  [COLLECTION OF INFORMATION.] (a) The following 
 95.19  attorneys or their designees and the following law enforcement 
 95.20  representatives or their designees shall oversee the collection 
 95.21  of information on the investigation and prosecution of 
 95.22  prostitution crimes committed within the jurisdiction of each 
 95.23  individual's office, commencing January 1, 2002, and ending 
 95.24  December 31, 2002: 
 95.25     (1) the Hennepin county attorney; 
 95.26     (2) the Minneapolis city attorney; 
 95.27     (3) the Ramsey county attorney; 
 95.28     (4) the St. Paul city attorney; 
 95.29     (5) the Hennepin county sheriff; 
 95.30     (6) the chief of police of the Minneapolis police 
 95.31  department; 
 95.32     (7) the Ramsey county sheriff; and 
 95.33     (8) the chief of police of the St. Paul police department. 
 95.34     (b) The information collected under paragraph (a) must 
 95.35  include: 
 95.36     (1) information on the neighborhood and city where the 
 96.1   offense was committed or allegedly committed and information on 
 96.2   the neighborhood and city where the offender or alleged offender 
 96.3   resides; 
 96.4      (2) the number of calls to law enforcement and the number 
 96.5   of complaints made directly to law enforcement regarding alleged 
 96.6   prostitution crimes; 
 96.7      (3) the number of arrests made for prostitution crimes and 
 96.8   a breakdown of the age, race, and gender of the individuals 
 96.9   arrested; 
 96.10     (4) the number of citations, tab charges, and complaints 
 96.11  issued for prostitution crimes; 
 96.12     (5) the types of charges filed in each case, if any, 
 96.13  including whether the person was acting as a patron or 
 96.14  prostitute, or promoting the prostitution of an individual; and 
 96.15     (6) the disposition of each case in which prosecution was 
 96.16  commenced, including the amount of any fine or penalty 
 96.17  assessment imposed; the incarceration imposed on the offender, 
 96.18  if any; the intermediate sanctions, if relevant, or conditions 
 96.19  of probation imposed on the offender, if any; and whether the 
 96.20  offender was referred to a restorative justice program, 
 96.21  diversion program, or alternative sentencing program. 
 96.22     Subd. 3.  [PREPARATION OF SUMMARY AND REPORT.] The law 
 96.23  enforcement authorities specified in subdivision 2, paragraph 
 96.24  (a), shall provide the information required by subdivision 2, 
 96.25  paragraph (b), to the prosecuting authorities in their 
 96.26  jurisdictions by August 15, 2003.  The prosecuting authorities 
 96.27  specified in subdivision 2, paragraph (a), shall cooperate in 
 96.28  preparing a summary of the information collected under 
 96.29  subdivision 2, paragraph (b), and in preparing a report for the 
 96.30  chairs and ranking minority leaders of the house and senate 
 96.31  committees and divisions with jurisdiction over criminal justice 
 96.32  policy and funding.  The report shall be provided to the 
 96.33  legislature and filed in the legislative reference library no 
 96.34  later than December 15, 2003. 
 96.35     [EFFECTIVE DATE.] This section is effective the day 
 96.36  following final enactment.  
 97.1      Sec. 5.  [REPORTS ON PENALTY ASSESSMENTS FOR PROSTITUTION 
 97.2   CRIMES.] 
 97.3      Subdivision 1.  [COMMISSIONER OF PUBLIC SAFETY; REPORT.] (a)
 97.4   By December 15, 2003, the commissioner of public safety shall 
 97.5   submit a report to the chairs and ranking minority leaders of 
 97.6   the house and senate committees and divisions with jurisdiction 
 97.7   over criminal justice policy and funding on the amount of money 
 97.8   appropriated to the commissioner of public safety under 
 97.9   Minnesota Statutes, section 609.3241, since the beginning of 
 97.10  fiscal year 1998.  In preparing this report, the commissioner of 
 97.11  public safety shall determine whether any penalty assessments 
 97.12  were appropriated to the commissioner of corrections during this 
 97.13  time and, if so, how much was appropriated.  The commissioner of 
 97.14  corrections shall cooperate with the commissioner of public 
 97.15  safety in providing this information.  The report also shall 
 97.16  contain information on the use of money appropriated during this 
 97.17  time period, including, but not limited to, the ways in which 
 97.18  the money has been used to assist individuals who have stopped 
 97.19  or wish to stop engaging in prostitution.  The report shall be 
 97.20  filed with the legislative reference library no later than 
 97.21  December 15, 2003. 
 97.22     Subd. 2.  [SUPREME COURT; REPORT.] By December 15, 2003, 
 97.23  the supreme court is requested to report to the chairs and 
 97.24  ranking minority leaders of the house and senate committees and 
 97.25  divisions with jurisdiction over criminal justice policy and 
 97.26  funding concerning the use of money collected since the 
 97.27  beginning of fiscal year 1998 from penalty assessments under 
 97.28  Minnesota Statutes, section 609.3241, and use for the purposes 
 97.29  described in Minnesota Statutes, section 626.558, subdivision 
 97.30  2a.  The report is requested to be filed with the legislative 
 97.31  reference library no later than December 15, 2003. 
 97.32     [EFFECTIVE DATE.] This section is effective the day 
 97.33  following final enactment.