HF 1

4th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; appropriating money for the
courts, Public Safety, and Corrections Departments,
the Peace Officer Standards and Training Board, the
Private Detective Board, Human Rights Department, and
the Sentencing Guidelines Commission; making a
standing appropriation for bond service for the 911
system; appropriating money for methamphetamine
grants, homeless outreach grants, and youth
intervention grants; requiring life without release
sentences for certain egregious first degree criminal
sexual conduct offenses; requiring indeterminate life
sentences for certain sex offenses; increasing
statutory maximum sentences for sex offenses;
authorizing asexualization for certain sex offenders;
requiring certain predatory offenders to obtain marked
vehicle license plates and drivers' licenses or
identification cards; establishing the Minnesota Sex
Offender Review Board and providing its
responsibilities, including release decisions, access
to data, expedited rulemaking, and the applicability
to it of contested case proceedings and the Open
Meeting Law; directing the Sentencing Guidelines
Commission to modify the sentencing guidelines;
providing criminal penalties; modifying predatory
offender registration and community notification
requirements; expanding Department of Human Services
access to the predatory offender registry; modifying
the human services criminal background check law;
establishing an ongoing Sex Offender Policy Board to
develop uniform supervision and professional
standards; requesting the Supreme Court to study use
of the court system as an alternative to the
administrative process for discharge of persons
committed as sexually dangerous persons or sexual
psychopathic personalities; making miscellaneous
technical and conforming amendments to the sex
offender law; requiring level III sex offenders to
submit to polygraphs as a condition of release;
providing that computers are subject to forfeiture if
used to commit designated offenses; amending fire
marshal safety law; defining explosives for purposes
of rules regulating storage and use of explosives;
transferring the youth intervention program to the
Department of Public Safety; amending the Emergency
Communications Law by assessing fees and authorizing
issuance of bonds for the third phase of the statewide
public safety radio communication system; requiring a
statewide human trafficking assessment and study;
establishing a gang and drug oversight council and a
financial crimes oversight council; requiring
correctional facilities to provide the Bureau of
Criminal Apprehension with certain fingerprint
information; requiring law enforcement agencies to
take biological specimens for DNA analysis for persons
arrested for designated crimes in 2005 and further
crimes in 2010; establishing correctional officers
discipline procedures; increasing surcharges on
criminal and traffic offenders; changing certain
waiting periods for limited drivers' licenses;
changing provisions relating to certain drivers'
license restrictions; limiting public defender
representation; authorizing public defender access to
certain criminal justice data; requiring the revisor
of statutes to publish a table containing
cross-references to Minnesota Laws imposing collateral
sanctions; requiring background checks for certain
child care and placement situations; requiring the
finder of fact to find a severe aggravating factor
before imposing a sentence in excess of that provided
by the Sentencing Guidelines; providing procedures
where state intends to seek an aggravated durational
departure; defining new crimes, amending crimes and
imposing criminal penalties; prohibiting persons from
operating motor vehicles containing traffic
signal-override devices; requiring restraint of
children under the age of seven; providing for a study
on sentencing policy; requiring a report by counties
to the legislature on level III sex offenders;
amending Minnesota Statutes 2004, sections 2.722,
subdivision 1; 13.461, by adding subdivisions;
13.6905, subdivision 17; 13.82, by adding a
subdivision; 13.851, subdivision 5, by adding a
subdivision; 13.87, subdivision 3; 13.871, subdivision
5; 13D.05, subdivision 2; 16C.09; 43A.047; 84.362;
116L.30; 144.335, by adding a subdivision; 144A.135;
152.02, subdivisions 4, 5; 168.12, by adding a
subdivision; 169.06, by adding a subdivision; 169.71,
subdivision 1; 169A.275, subdivision 1; 169A.52,
subdivision 4; 169A.60, subdivisions 10, 11; 169A.63,
subdivision 8; 169A.70, subdivision 3, by adding
subdivisions; 171.07, subdivisions 1, 3; 171.09;
171.20, subdivision 4; 171.26; 171.30, subdivision 2a;
214.04, subdivision 1; 216D.08, subdivisions 1, 2;
237.70, subdivision 7; 241.67, subdivision 3; 242.195,
subdivision 1; 243.1606, subdivision 1; 243.166;
243.167; 243.24, subdivision 2; 244.05, subdivisions
4, 5, 6, 7; 244.052, subdivisions 3, 4, by adding
subdivisions; 244.09, subdivision 5; 244.10,
subdivision 2, by adding subdivisions; 244.18,
subdivision 2; 245C.03, subdivision 1; 245C.13,
subdivision 2; 245C.15, subdivisions 1, 2, 3, 4;
245C.17, subdivisions 1, 2, 3; 245C.21, subdivisions
3, 4; 245C.22, by adding a subdivision; 245C.23,
subdivision 1; 245C.24, subdivisions 2, 3, 4, by
adding a subdivision; 245C.30, subdivisions 1, 2;
246.13; 253B.18, subdivisions 4a, 5, by adding a
subdivision; 259.11; 259.24, subdivisions 1, 2a, 5,
6a; 260C.201, subdivision 11; 260C.212, subdivision 4;
282.04, subdivision 2; 299A.38, subdivisions 2, 2a, 3;
299A.465, by adding subdivisions; 299C.03; 299C.08;
299C.093; 299C.095, subdivision 1; 299C.10,
subdivision 1, by adding a subdivision; 299C.11;
299C.14; 299C.145, subdivision 3; 299C.155; 299C.21;
299C.65, subdivisions 1, 2, 5, by adding a
subdivision; 299F.011, subdivision 7; 299F.014;
299F.05; 299F.051, subdivision 4; 299F.06, subdivision
1; 299F.19, subdivisions 1, 2; 299F.362, subdivisions
3, 4; 299F.391, subdivision 1; 299F.46, subdivisions
1, 3; 325F.04; 326.3382, by adding a subdivision;
326.3384, subdivision 1; 343.31; 357.021, subdivisions
6, 7; 357.18, subdivision 3; 403.02, subdivisions 7,
13, 17, by adding a subdivision; 403.025, subdivisions
3, 7; 403.05, subdivision 3; 403.07, subdivision 3;
403.08, subdivision 10; 403.11, subdivisions 1, 3, 3a;
403.113, subdivision 1; 403.21, subdivision 8; 403.27,
subdivisions 3, 4, by adding subdivisions; 403.30,
subdivisions 1, 3, by adding subdivisions; 508.82,
subdivision 1; 508A.82, subdivision 1; 518B.01, by
adding a subdivision; 590.01, subdivision 1, by adding
a subdivision; 609.02, subdivision 16; 609.108,
subdivisions 1, 3, 4, 6, 7; 609.109, subdivisions 3,
4, 5, 6, 7; 609.1095, subdivisions 2, 4; 609.115, by
adding a subdivision; 609.117; 609.1351; 609.185;
609.2231, subdivision 3; 609.2242, subdivision 3;
609.229, subdivision 3, by adding a subdivision;
609.321, subdivision 12; 609.341, subdivision 14, by
adding subdivisions; 609.342, subdivisions 2, 3;
609.343, subdivisions 2, 3; 609.344, subdivisions 2,
3; 609.345, subdivisions 2, 3; 609.347; 609.3471;
609.348; 609.353; 609.485, subdivisions 2, 4; 609.487,
by adding a subdivision; 609.50, subdivision 1;
609.505; 609.52, subdivision 2; 609.527, subdivisions
1, 3, 4, 6, by adding a subdivision; 609.531,
subdivision 1; 609.5311, subdivisions 2, 3; 609.5312,
subdivisions 1, 3, 4, by adding a subdivision;
609.5314, subdivision 1; 609.5317, subdivision 1;
609.5318, subdivision 1; 609.605, subdivisions 1, 4;
609.725; 609.748, subdivisions 2, 3a, by adding a
subdivision; 609.749, subdivision 2; 609.763,
subdivision 3; 609.79, subdivision 2; 609.795, by
adding a subdivision; 609A.02, subdivision 3; 609A.03,
subdivision 7; 611.14; 611.16; 611.25, subdivision 1;
611.272; 611A.01; 611A.036; 611A.19; 611A.53,
subdivision 1b; 617.23, subdivisions 2, 3; 624.22,
subdivision 1; 626.04; 626.556, subdivision 3;
626.557, subdivisions 12b, 14; 631.045; 631.425,
subdivision 4; 641.21; Laws 2004, chapter 201, section
22; proposing coding for new law in Minnesota
Statutes, chapters 171; 241; 243; 244; 260C; 299A;
299C; 590; 609; 611; 629; proposing coding for new law
as Minnesota Statutes, chapter 545A; repealing
Minnesota Statutes 2004, sections 69.011, subdivision
5; 243.162; 243.166, subdivisions 1, 8; 244.10,
subdivisions 2a, 3; 246.017, subdivision 1; 299A.64;
299A.65; 299A.66; 299A.68; 299C.65, subdivisions 3, 4,
6, 7, 8, 8a, 9; 299F.011, subdivision 4c; 299F.015;
299F.10; 299F.11; 299F.12; 299F.13; 299F.14; 299F.15;
299F.16; 299F.17; 299F.361; 299F.451; 299F.452;
403.025, subdivision 4; 403.30, subdivision 2;
609.108, subdivisions 2, 4, 5; 609.109, subdivisions
2, 4, 6; 609.119; 611.18; 624.04; Laws 2004, chapter
283, section 14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin PUBLIC SAFETY APPROPRIATIONS.
new text end

The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "2006" and "2007," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 2006, or June 30, 2007,
respectively. The term "first year" means the fiscal year
ending June 30, 2006, and the term "second year" means the
fiscal year ending June 30, 2007.

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. SUPREME COURT

Subdivision 1.

Total
Appropriations $ 42,547,000 $ 42,593,000

Subd. 2.

Supreme Court Operations 29,898,000 29,898,000

[JUDICIAL SALARIES.] Effective July 1,
2005, and July 1, 2006, the salaries of
judges of the Supreme Court, Court of
Appeals, and district court are
increased by the average of the
percentage increase in total
compensation for state employees
provided in negotiated collective
bargaining agreements or arbitration
awards for fiscal years 2006 and 2007
approved by the Legislative
Coordinating Commission before the 2006
regular legislative session. The
commissioner of employee relations
shall calculate the new salaries, which
shall be based on all compensation
increases, except insurance, and shall
report them to the chief justice of the
Supreme Court.

[CONTINGENT ACCOUNT.] $5,000 each year
is for a contingent account for
expenses necessary for the normal
operation of the court for which no
other reimbursement is provided.

Subd. 3.

Civil Legal Services 12,649,000 12,695,000

[LEGAL SERVICES TO LOW-INCOME CLIENTS
IN FAMILY LAW MATTERS.] Of this
appropriation, $877,000 each year is to
improve the access of low-income
clients to legal representation in
family law matters. This appropriation
must be distributed under Minnesota
Statutes, section 480.242, to the
qualified legal services programs
described in Minnesota Statutes,
section 480.242, subdivision 2,
paragraph (a). Any unencumbered
balance remaining in the first year
does not cancel and is available in the
second year.

Sec. 3.

COURT OF APPEALS 8,189,000 8,189,000

Sec. 4.

TRIAL COURTS 231,362,000 232,951,000

Sec. 5.

TAX COURT 726,000 726,000

Sec. 6. UNIFORM LAWS COMMISSION 51,000 45,000

[MEMBERSHIP DUES OWED.] $12,000 the
first year and $6,000 the second year
are for membership dues owed by the
uniform laws commission. This is a
onetime appropriation.

Sec. 7. BOARD ON JUDICIAL
STANDARDS 277,000 277,000

Of this amount, $50,000 is a onetime
appropriation.

Sec. 8.

BOARD OF PUBLIC DEFENSE 59,857,000 63,112,000

Sec. 9. PUBLIC SAFETY

Subdivision 1.

Total
Appropriation 124,020,000 114,506,000

Summary by Fund

General 79,328,000 79,444,000

Special Revenue 590,000 589,000

State Government
Special Revenue 43,662,000 34,062,000

Environmental 49,000 49,000

Trunk Highway 391,000 362,000

[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Emergency Management 2,594,000 2,594,000

Summary by Fund

General 2,545,000 2,545,000

Environmental 49,000 49,000

[NONPROFIT AND FAITH-BASED
ORGANIZATIONS; ANTITERRORISM GRANTS.]
Unless otherwise prohibited by statute,
regulation, or other requirement,
nonprofit and faith-based organizations
may apply for and receive any funds or
grants, whether federal or state, made
available for antiterrorism efforts
that are not distributed or encumbered
for distribution to public safety
entities within a year of receipt by
the Department of Public Safety. These
organizations must be considered under
the same criteria applicable to any
other eligible entity and must be given
equal consideration.

Subd. 3.

Criminal
Apprehension 40,713,000 40,717,000

Summary by Fund

General 39,905,000 39,910,000

Special Revenue 440,000 439,000

State Government
Special Revenue 7,000 7,000

Trunk Highway 361,000 361,000

[COOPERATIVE INVESTIGATION OF
CROSS-JURISDICTIONAL CRIMINAL
ACTIVITY.] $94,000 the first year and
$93,000 the second year are
appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for grants to
local officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.

[LABORATORY ACTIVITIES.] $346,000 the
first year and $346,000 the second year
are appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for laboratory
activities.

[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $361,000
the first year and $361,000 the second
year are appropriated from the trunk
highway fund for laboratory analysis
related to driving-while-impaired cases.

[DWI POLICY REFORMS.] $60,000 the first
year and $58,000 the second year are
for costs associated with DWI policy
reforms.

[AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM.] $1,533,000 the first year and
$2,318,000 the second year are to
replace the automated fingerprint
identification system (AFIS).

[PREDATORY OFFENDER REGISTRATION
SYSTEM.] $1,146,000 the first year and
$564,000 the second year are to upgrade
the predatory offender registration
(POR) system and to increase the
monitoring and tracking of registered
offenders who become noncompliant with
the law.

[CRIMINAL JUSTICE INFORMATION SYSTEMS
(CJIS) AUDIT TRAIL.] $374,000 the first
year and $203,000 the second year are
for the Criminal Justice Information
Systems (CJIS) audit trail.

[DNA ANALYSIS OF FELON OFFENDERS.]
$857,000 the first year and $869,000
the second year are to fund the
analyses of biological samples from
felon offenders.

[LIVESCAN.] $66,000 the first year and
$69,000 the second year are to fund the
ongoing costs of Livescan.

[METHAMPHETAMINE.] $1,000,000 the first
year and $1,000,000 the second year are
to fund ten new special agent positions
for methamphetamine drug enforcement
activities.

$40,000 the first year is a onetime
appropriation for a methamphetamine
awareness program.

Subd. 4.

Fire Marshal 2,445,000 2,432,000

Subd. 5.

Alcohol and
Gambling Enforcement 1,772,000 1,772,000

Summary by Fund

General 1,622,000 1,622,000

Special Revenue 150,000 150,000

Subd. 6.

Office of
Justice Programs 32,202,000 32,197,000

[GANG AND NARCOTICS STRIKE FORCES.]
$2,374,000 the first year and
$2,374,000 the second year are for
grants to the combined operations of
the Criminal Gang Strike Force and
Narcotics Task Forces.

[CRIME VICTIM ASSISTANCE GRANTS
INCREASE.] $532,000 each year is to
increase the amount of funding for
crime victim assistance grants. This
funding is to ensure that no one
judicial district receives greater than
a 12 percent overall reduction in state
general funding to serve crime victims
in fiscal years 2006 and 2007 versus
the 2004 allocation.

[FINANCIAL CRIMES TASK FORCE.] $300,000
each year is for the Financial Crimes
Task Force.

[HUMAN TRAFFICKING; ASSESSMENT, POLICY
DEVELOPMENT, AND IMPLEMENTATION.]
$50,000 the first year and $50,000 the
second year are to conduct a study and
assessment of human trafficking and to
implement initiatives to reduce
trafficking and assist victims.

[YOUTH INTERVENTION PROGRAMS.]
$1,952,000 the first year and
$1,952,000 the second year is for youth
intervention programs currently under
Minnesota Statutes, section 116L.30,
but to be transferred to Minnesota
Statutes, section 299A.73. This money
must be used to help existing programs
serve unmet needs in their communities
and to create new programs in
underserved areas of the state. Of
this appropriation, $15,000 is
appropriated to the commissioner of
public safety for a onetime grant to
Blue Earth County Riverbend Center for
Entrepreneurial Facilitation. The base
for this program in fiscal year 2008
and after is $1,452,000.

[ADMINISTRATION COSTS.] Up to 2.5
percent of the grant funds appropriated
in this subdivision may be used to
administer the grant program.

Subd. 7.

911 Emergency
Services/ARMER 43,655,000 34,055,000

This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.

Of the receipts from the emergency
telecommunications service fee under
Minnesota Statutes, section 403.11,
above 50 cents per month in fiscal year
2006, up to $6,505,000 of the
appropriation in the first year is for
prior year obligations to telephone
utility companies. The remainder of
the receipts from the emergency
telecommunications service fee under
Minnesota Statutes, section 403.11,
above 50 cents per month in the first
year are for costs associated with the
Shared Public Safety Radio System and
are available until June 30, 2007.

Subd. 8.

Administration 609,000 738,000

[PUBLIC SAFETY OFFICERS' HEALTH
INSURANCE.] $609,000 the first year and
$738,000 the second year are for public
safety officers' health insurance. The
base for fiscal year 2008 is $885,000
and for fiscal year 2009 is $1,053,000.

Subd. 9.

Driver and Vehicle
Services 31,000 1,000

[GASOLINE THEFT.] This appropriation is
from the trunk highway fund for costs
associated with suspending licenses of
persons who misappropriate gasoline.

Sec. 10. PEACE OFFICER
STANDARDS AND TRAINING BOARD (POST) 4,154,000 4,051,000

This appropriation is from the peace
officer training account in the special
revenue fund. Any new receipts
credited to that account in the first
year in excess of $4,154,000 must be
transferred and credited to the general
fund. Any new receipts credited to
that account in the second year in
excess of $4,051,000 must be
transferred and credited to the general
fund.

[PEACE OFFICER TRAINING REIMBURSEMENT.]
$2,909,000 the first year and
$2,909,000 the second year are for
reimbursements to local governments for
peace officer training costs.

Sec. 11.

PRIVATE DETECTIVE BOARD 178,000 177,000

Sec. 12.

HUMAN RIGHTS 3,490,000 3,490,000

Sec. 13. DEPARTMENT OF CORRECTIONS

Subdivision 1.

Total
Appropriation 404,724,000 420,290,000

Summary by Fund

General Fund 403,834,000 419,400,000

Special Revenue 890,000 890,000

[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Correctional
Institutions 288,043,000 303,358,000

Summary by Fund

General Fund 287,463,000 302,778,000

Special Revenue 580,000 580,000

[CONTRACTS FOR BEDS AT RUSH CITY.] If
the commissioner contracts with other
states, local units of government, or
the federal government to rent beds in
the Rush City Correctional Facility,
the commissioner shall charge a per
diem under the contract, to the extent
possible, that is equal to or greater
than the per diem cost of housing
Minnesota inmates in the facility.

Subd. 3.

Community Services 101,123,000 101,374,000

Summary by Fund

General Fund 101,023,000 101,274,000

Special Revenue 100,000 100,100

[SEX OFFENDER TRACKING.] $500,000 the
first year is for the acquisition of
bracelets equipped with tracking
devices designed to track and monitor
the movement and location of criminal
offenders. The commissioner shall use
the bracelets to monitor high-risk sex
offenders who are on supervised release
or probation to help ensure that the
offenders do not violate conditions of
their release or probation.

[METHAMPHETAMINE TREATMENT GRANTS.]
$250,000 the first year and $300,000
the second year are for methamphetamine
treatment grants to counties.

[METHAMPHETAMINE LAW ENFORCEMENT AND
SUPERVISION GRANTS.] $250,000 the first
year and $300,000 the second year are
for methamphetamine enforcement and
supervision aid grants to counties.

Subd. 4.

Operations Support 15,558,000 15,558,000

General Fund 15,348,000 15,348,000

Special Revenue 210,000 210,000

Subd. 5.

Housing and Medical Care

[SHORT-TERM OFFENDERS.] $1,207,000 each
year is appropriated to the
commissioner of corrections for costs
associated with the housing and care of
short-term offenders. The commissioner
may use up to 20 percent of the total
amount of the appropriation for
inpatient medical care for short-term
offenders with less than six months to
serve as affected by Minnesota
Statutes, section 609.105, as amended
by Laws 2003, First Special Session
chapter 2, article 5, sections 7 to 9.
The commissioner shall establish and
implement policy governing the
admission, housing, medical care, and
release of this population. All funds
remaining at the end of the fiscal year
not expended for inpatient medical care
shall be added to and distributed with
the housing funds. These funds shall
be distributed proportionately based on
the total number of days short-term
offenders are placed locally, not to
exceed $70 per day. Short-term
offenders may be housed in a state
correctional facility at the discretion
of the commissioner. The Department of
Corrections is exempt from the state
contracting process for the purposes of
Minnesota Statutes, section 609.105, as
amended by Laws 2003, First Special
Session chapter 2, article 5, sections
7 to 9.

Sec. 14. SENTENCING GUIDELINES 478,000 478,000

Of this appropriation, $30,000 shall be
appropriated for the Sentencing
Guidelines Commission to convene a work
group to study sentencing policy in
Minnesota and report its
recommendations to the legislature on
January 5, 2007. The report shall
include recommendations on the
feasibility and benefits of
incorporating discretion into the
existing guideline system. The report
shall also consider whether existing
and proposed release authorities such
as the review board under section
244.05 and the sex offender review
board can be successfully integrated
into such a system.

This appropriation shall fund staffing,
research, and up to three public
hearings of the work group.

Input shall be sought from the
following stakeholders:

(1) the Department of Public Safety;

(2) the Department of Corrections;

(3) the Minnesota Association of County
Attorneys;

(4) the community corrections counties;

(5) the chair and lead minority members
of the Public Safety Committees of the
House and Senate;

(6) the Minnesota Police Chiefs
Association;

(7) the Minnesota Sheriffs Association;

(8) the Minnesota Police and Peace
Officers Association;

(9) the Minnesota Association of
District Court Judges;

(10) the Minnesota Sentencing
Guidelines Commission;

(11) Mothers Against Drunk Driving;

(12) the Coalition of Battered Women's
Organizations;

(13) the General Crime Coalition;

(14) Representatives of Crime Victims
Organizations;

(15) the Minnesota Council on Crime and
Justice;

(16) The Minnesota Board of Public
Defense;

(17) Representatives of Treatment
Professionals;

(18) Representatives of Offender
Re-entry Programs such as Gateway;

(19) Representatives of the state
Council on Black Minnesotans;

(20) Representatives of the state
Council on Affairs of Chicano/Latino
People;

(21) Representatives of the state
Council on Asian-Pacific Minnesotans;
and

(22) Representatives of the State
Council on Indian Affairs.

The commission shall report findings to
the legislature by January 15, 2006.

ARTICLE 2

SEX OFFENDER CRIMINAL PROVISIONS

Section 1.

Minnesota Statutes 2004, section 13.851,
subdivision 5, is amended to read:

Subd. 5.

Sex offenders; civil commitment determination;
commissioner of corrections.

Data provided to the county
attorney under section 244.05, subdivision 7, new text begin and to the
Minnesota Sex Offender Review Board under section 244.05,
subdivision 5, new text end are governed by that section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 244.05,
subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

new text begin (a) new text end An
inmate serving a mandatory life sentence under section 609.106 new text begin ,
609.342, subdivision 2, paragraph (c), or 609.343, subdivision
2, paragraph (c), new text end must not be given supervised release under
this section.

new text begin (b) new text end An inmate serving a mandatory life sentence under
section 609.185, clause (1), (3), (5), or (6); or 609.109,
subdivision deleted text begin 2a deleted text end new text begin 3 new text end , must not be given supervised release under
this section without having served a minimum term of 30 years.

new text begin (c) new text end An inmate serving a mandatory life sentence under
section 609.385 must not be given supervised release under this
section without having served a minimum term of imprisonment of
17 years.

new text begin (d) An inmate serving a mandatory life sentence under
section 609.342, subdivision 2, paragraph (b); 609.343,
subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph
(b); 609.345, subdivision 2, paragraph (b); or 609.3453,
subdivision 2, paragraph (b), must not be given supervised
release under this section without having served a minimum term
of imprisonment of 20 years. If the sentencing court imposed a
sentence with a term of imprisonment of more than 20 years, the
inmate may not be given supervised release without having served
that term.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.05,
subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185, clause (1), (3),
(5), or (6) deleted text begin ; 609.109, subdivision 2a deleted text end ; or 609.385 after the
inmate has served the minimum term of imprisonment specified in
subdivision 4.

(b) new text begin The commissioner shall give supervised release to an
inmate serving a mandatory life sentence under section 609.109,
subdivision 3; 609.342, subdivision 2, paragraph (b); 609.343,
subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph
(b); 609.345, subdivision 2, paragraph (b); or 609.3453,
subdivision 2, paragraph (b), when directed to do so by the Sex
Offender Review Board under section 244.0515.
new text end

new text begin (c) new text end The commissioner shall require the preparation of a
community investigation report and shall consider the findings
of the report when making a supervised release decision under
this subdivision. The report shall reflect the sentiment of the
various elements of the community toward the inmate, both at the
time of the offense and at the present time. The report shall
include the views of the sentencing judge, the prosecutor, any
law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have
information relevant to the supervised release decision. The
report shall also include the views of the victim and the
victim's family unless the victim or the victim's family chooses
not to participate. new text begin The commissioner shall submit the report
required by this paragraph to the Minnesota Sex Offender Review
Board to assist the board in making release decisions under
section 244.0515. The commissioner also shall give the board,
on request, any and all information the commissioner gathered
for use in compiling the report.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's supervised release review hearing. The victim has a
right to submit an oral or written statement at the review
hearing. The statement may summarize the harm suffered by the
victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the
victim's statement when making the supervised release decision.

deleted text begin (d) deleted text end new text begin (e) new text end As used in this subdivision, "victim" means the
individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

new text begin [609.1075] ASEXUALIZATION FOR CERTAIN SEX
OFFENDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
the following terms have the meanings given them.
new text end

new text begin (b) "Asexualization" or "asexualized" means the surgical
removal of the male testicles by a licensed physician.
new text end

new text begin (c) "Chemical castration" or "chemically castrated" means
the administration of pharmaceutical substances or hormones
prescribed by a licensed physician to a person to remove sexual
desire and aggression.
new text end

new text begin (d) "Sexual contact with a person under 13" has the meaning
given in section 609.341, subdivision 11, paragraph (c).
new text end

new text begin (e) "Sex crime" means a violation of section 609.342,
609.343, or 609.344 that involves sexual contact with a person
under 13.
new text end

new text begin (f) "Aggravated circumstances" include:
new text end

new text begin (1) the sex crime was especially serious, atrocious, or
cruel;
new text end

new text begin (2) the sex crime resulted in significant physical injury
to the victim;
new text end

new text begin (3) the sex crime was committed upon one victim by the
defendant two or more times within a 24-hour period;
new text end

new text begin (4) the sex crime was committed upon one victim by two or
more persons, acting in concert with the defendant;
new text end

new text begin (5) the sex crime was committed by a person while serving a
sentence for a sex crime conviction, or while subject to any
provision of a deferred prosecution agreement, suspended
sentence, or postimprisonment supervision for a sex crime;
new text end

new text begin (6) the existence of a prior juvenile delinquency
adjudication for a sex crime; and
new text end

new text begin (7) the existence of a prior conviction for a sex crime in
this state or another state.
new text end

new text begin Subd. 2. new text end

new text begin Sentence of castration. new text end

new text begin Any person who commits
a sex crime may be punished by asexualization or chemical
castration in addition to any other penalty allowed by law for
the offense. Any person having been convicted of a sex crime
prior to August 1, 2005, may voluntarily consent to be
asexualized as provided in subdivision 6. Except when a
deferred or suspended sentence is prohibited by law, the court
may require chemical castration as a condition of a deferred
judgment or suspended sentence for a sex crime, and chemical
castration may be ordered as a condition of postimprisonment
supervision according to the procedures established in
subdivision 9. The offender must pay for the cost of his
asexualization or chemical castration.
new text end

new text begin Subd. 3. new text end

new text begin Hearing. new text end

new text begin (a) Upon conviction and before final
sentencing of a defendant for a sex crime, the court shall
conduct a hearing to determine whether or not the defendant
should be ordered asexualized or chemically castrated in
addition to any punishment allowable for the offense. The
hearing shall be conducted by the trial judge before the trial
jury as soon as practicable without any additional presentence
investigation. If the defendant waived his right to a jury or
if the defendant pleaded guilty or nolo contendere, the hearing
shall be conducted before the judge.
new text end

new text begin (b) In the hearing, evidence may be presented as to any
aggravating or mitigating circumstances. Aggravating
circumstances must be proved beyond a reasonable doubt. Only
evidence in aggravation as the state has presented at trial or
made known to the defendant prior to the hearing shall be
admissible. The state and the defendant or counsel for the
defendant shall be permitted to present their arguments for or
against asexualization or chemical castration. If the
prosecuting attorney fails to present any evidence of
aggravating circumstances at the hearing, the judge shall
terminate the hearing and proceed to final sentencing.
new text end

new text begin (c) At the conclusion of the hearing, the trial judge shall:
new text end

new text begin (1) if the hearing was conducted before the trial jury,
give the jury written instructions on aggravating circumstances
as warranted by the evidence. The jury shall designate in
writing, signed by the foreman of the jury, the statutory
aggravating circumstances which the jury unanimously found to
exist beyond a reasonable doubt and whether the aggravating
circumstances were outweighed by any mitigating circumstances as
determined by the jury; or
new text end

new text begin (2) enumerate for the record the aggravating circumstances
the judge found to exist beyond a reasonable doubt and whether
the aggravating circumstances were outweighed by any mitigating
circumstances as determined by the judge.
new text end

new text begin (d) When the judge or jury finds at least one aggravating
circumstance, then the judge may order the defendant chemically
castrated or asexualized. Chemical castration or asexualization
may not be ordered when the judge or jury concludes that any
aggravating circumstances are outweighed by mitigating
circumstances. Before asexualization may be ordered there must
have been a deoxyribonucleic acid (DNA) test submitted as
evidence for the purpose of determining guilt with a positive
identification made against the defendant by means of the test,
unless the defendant voluntarily waives this requirement.
new text end

new text begin Subd. 4. new text end

new text begin Automatic appellate review. new text end

new text begin (a) If the penalty
of asexualization is imposed, and upon the judgment becoming
final in the trial court, the sentence shall be reviewed on the
record by the Court of Appeals. The clerk of the trial court,
within ten days after receiving the judgment, shall transmit the
entire record with the transcript of the hearing required by
subdivision 3 to the Court of Appeals, together with a notice
prepared by the clerk and a report prepared by the trial judge.
The notice shall set forth the title and docket number of the
case; the name of the defendant; the name and address of the
attorney of record; and a narrative statement of the judgment,
the offense, and the punishment imposed, including
asexualization and any other provisions.
new text end

new text begin (b) The Court of Appeals shall consider the asexualization
order as well as any errors in the hearing required under
subdivision 3 without the necessity of the defendant or counsel
for the defendant enumerating any errors from the trial
proceeding or making a direct appeal.
new text end

new text begin (c) With regard to the review of the sentence for
asexualization, the Court of Appeals shall determine whether:
new text end

new text begin (1) the defendant was eligible for the punishment of
asexualization;
new text end

new text begin (2) the sentence of asexualization was imposed under the
influence of prejudice or other arbitrary factor;
new text end

new text begin (3) the evidence supports the findings of one or more
statutory aggravating circumstances; and
new text end

new text begin (4) the evidence supports the findings that mitigating
circumstances did not outweigh the findings of the statutory
aggravating circumstances.
new text end

new text begin (d) Both the defendant and the state shall have the right
to submit briefs within the time provided by the court, and to
present oral argument to the court.
new text end

new text begin (e) The Court of Appeals shall include in its decision
relating to the asexualization proceeding and order a reference
to the factors taken into consideration. In addition to the
court's authority to review enumerated errors in the trial
proceeding pursuant to direct appeal, the Court of Appeals, with
regard to the review of an asexualization order, is authorized
to:
new text end

new text begin (1) affirm the sentence of asexualization; or
new text end

new text begin (2) set the sentence of asexualization aside and remand the
case for modification of the sentence.
new text end

new text begin (f) The review of an asexualization order by the Court of
Appeals shall be in addition to direct appeal, if taken. If a
direct appeal is made, the review of an asexualization order
shall be consolidated with the direct appeal for consideration.
If a review of an asexualization order has been consolidated
with a direct appeal, the Court of Appeals shall render its
decision on legal errors enumerated, the factual substantiation
of the verdict, and the provisions of the sentence.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement of sentence. new text end

new text begin If a defendant is
ordered asexualized, the Department of Corrections shall secure
the services of a licensed physician for the asexualization
procedure, which shall be completed prior to release of the
person from confinement to a suspended sentence, or to a period
of postimprisonment supervision. An asexualization procedure
may be scheduled to be performed 30 days following the date of
the Court of Appeals' decision or any time thereafter, but
before release from custody.
new text end

new text begin Subd. 6. new text end

new text begin Voluntary asexualization. new text end

new text begin (a) Any person
incarcerated in the Department of Corrections who desires to be
asexualized may voluntarily request the procedure from the
Department of Corrections. The department shall not be required
to file a petition for a court order on behalf of the inmate
requesting asexualization, but the department shall perform the
procedure only if:
new text end

new text begin (1) the inmate is 21 years of age or older;
new text end

new text begin (2) the inmate requests the procedure in writing;
new text end

new text begin (3) the inmate has signed a statement admitting the offense
for which he was convicted and the offense is a sex crime;
new text end

new text begin (4) a psychiatrist and a psychologist who are appointed by
the department and have experience in the treatment of sex
offenders have evaluated the inmate and have determined that the
inmate is a suitable candidate for the procedure, the inmate is
free from coercion in the decision to have the asexualization
procedure, and the inmate has received counseling prior to
undergoing the procedure;
new text end

new text begin (5) the inmate has not previously requested the procedure
and subsequently withdrawn the request; and
new text end

new text begin (6) the physician performing the procedure has obtained the
informed written consent of the inmate to undergo the procedure.
new text end

new text begin (b) An inmate voluntarily requesting asexualization may
withdraw the request any time before the physician performs the
procedure. An inmate who withdraws a request for asexualization
is ineligible to apply to have the procedure performed by the
department at any other time.
new text end

new text begin (c) An inmate voluntarily requesting asexualization may
select a physician to perform the procedure.
new text end

new text begin (d) An inmate voluntarily requesting asexualization must
pay the cost of the procedure and surgeon.
new text end

new text begin Subd. 7. new text end

new text begin Treating physician. new text end

new text begin A licensed physician
selected to perform an asexualization procedure shall be
responsible for examination of the person, scheduling suitable
surgical facilities where the surgery will be performed, and
surgically removing the male testicles of the person as required
by court order or voluntary consent.
new text end

new text begin Subd. 8. new text end

new text begin Immunity. new text end

new text begin (a) The Department of Corrections
shall be immune from liability for scheduling the surgical
procedure and facilities and selecting the licensed physician to
perform the procedure.
new text end

new text begin (b) A licensed physician who performs an asexualization
procedure is not liable for an act or omission relating to the
procedure, unless the act or omission constitutes negligence.
new text end

new text begin Subd. 9. new text end

new text begin Chemical castration. new text end

new text begin If a defendant is ordered
chemically castrated or if chemical castration is ordered as a
condition of a deferred or suspended sentence or as a condition
of postimprisonment supervision, the Department of Corrections
shall require the defendant to submit to the prescribed
treatment to effect chemical castration. The department shall
bear the cost of the treatment, unless it is determined by the
department that the defendant has the ability to pay all or part
of the treatment. Failure of the defendant to submit to
chemical castration when ordered as a condition of release is
grounds for revocation of the sentence or postimprisonment
supervision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.108,
subdivision 3, is amended to read:

Subd. 3.

Predatory crime.

deleted text begin A predatory crime is a felony
violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
or 609.582, subdivision 1. deleted text end new text begin As used in this section, "predatory
crime" has the meaning given in section 609.341, subdivision 24.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.108,
subdivision 4, is amended to read:

Subd. 4.

Danger to public safety.

The deleted text begin court deleted text end new text begin fact finder
new text end shall base its finding that the offender is a danger to public
safety on any of the following factors:

(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the Sentencing Guidelines;

(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224 or
609.2242, including:

(i) an offense committed as a juvenile that would have been
a predatory crime or a violation of section 609.224 or 609.2242
if committed by an adult; or

(ii) a violation or attempted violation of a similar law of
any other state or the United States; or

(3) the offender planned or prepared for the crime prior to
its commission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.109,
subdivision 3, is amended to read:

Subd. 3.

Mandatory life sentence.

(a) The court shall
sentence a person to imprisonment for life, notwithstanding the
statutory maximum sentence under section 609.342, if:

(1) the person has been indicted by a grand jury under this
subdivision;

(2) the person is convicted under section 609.342; and

(3) the court determines on the record at the time of
sentencing that any of the following circumstances exists:

(i) the person has previously been sentenced under section
609.1095;

(ii) the person has one previous sex offense conviction for
a violation of section 609.342, 609.343, or 609.344 that
occurred before August 1, 1989, for which the person was
sentenced to prison in an upward durational departure from the
Sentencing Guidelines that resulted in a sentence at least twice
as long as the presumptive sentence; or

(iii) the person has two previous sex offense convictions
under section 609.342, 609.343, or 609.344.

(b) Notwithstanding deleted text begin subdivision 2 and deleted text end section 609.342,
subdivision 3, the court may not stay imposition of the sentence
required by this subdivision.

new text begin (c) A person sentenced under this subdivision may only be
granted supervised release as provided for in section 244.05,
subdivision 5, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.109,
subdivision 7, is amended to read:

Subd. 7.

Conditional release of sex offenders.

(a)
Notwithstanding the statutory maximum sentence otherwise
applicable to the offense or any provision of the Sentencing
Guidelines, when a court sentences a person to prison for a
violation of section 609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or
609.3453, new text end the court shall provide that after the person has
completed the sentence imposed, the commissioner of corrections
shall place the person on conditional release.

If the person was convicted for a violation of section
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or 609.3453, new text end the person
shall be placed on conditional release for deleted text begin five deleted text end new text begin ten new text end years, minus
the time the person served on supervised release.

If the person was convicted for a violation of one of those
sections after a previous sex offense conviction as defined in
subdivision 5, deleted text begin or deleted text end new text begin the person shall be placed on conditional
release for the remainder of the person's life. If the person
was new text end sentenced under subdivision 6 to a mandatory departure, the
person shall be placed on conditional release for deleted text begin ten deleted text end new text begin 15 new text end years,
minus the time the person served on supervised release.

(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. If the
offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve the remaining portion of the
conditional release term in prison. The commissioner shall not
dismiss the offender from supervision before the conditional
release term expires.

Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise
provided in this subdivision, section 244.04, subdivision 1, or
244.05.

(c) The commissioner shall pay the cost of treatment of a
person released under this subdivision. This section does not
require the commissioner to accept or retain an offender in a
treatment program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.341,
subdivision 14, is amended to read:

Subd. 14.

Coercion.

"Coercion" means new text begin the use by the
actor of new text end words or circumstances that cause the complainant
reasonably to fear that the actor will inflict bodily harm upon deleted text begin ,
or hold in confinement, deleted text end the complainant or another, or deleted text begin force deleted text end new text begin the
use by the actor of confinement, or the use of superior size or
strength, against the complainant that causes new text end the complainant to
submit to sexual penetration or contact deleted text begin , but deleted text end new text begin against the
complainant's will. new text end Proof of coercion does not require proof of
a specific act or threat.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 22. new text end

new text begin Sex offense. new text end

new text begin Except for section 609.3452, "sex
offense" means any violation of, or attempt to violate, section
609.342 (first degree criminal sexual conduct), 609.343 (second
degree criminal sexual conduct), 609.344 (third degree criminal
sexual conduct), 609.345 (fourth degree criminal sexual
conduct), 609.3451 (fifth degree criminal sexual conduct),
609.3453 (criminal sexual predatory conduct), 609.352
(solicitation of a child to engage in sexual conduct), 617.23
(indecent exposure), 617.246 (use of minors in sexual
performance), 617.247 (possession of pornographic work involving
minors), or any similar statute of the United States or any
other state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 23. new text end

new text begin Subsequent sex offense. new text end

new text begin "Subsequent sex
offense" means a violation of section 609.342 (first degree
criminal sexual conduct), 609.343 (second degree criminal sexual
conduct), 609.344 (third degree criminal sexual conduct),
609.345 (fourth degree criminal sexual conduct), or 609.3453
(criminal sexual predatory conduct) for which the offender is
convicted after the offender has already been convicted or
adjudicated delinquent for the following, involving a separate
behavioral incident, regardless of when the behavioral incidents
occurred:
new text end

new text begin (1) another felony-level sex offense;
new text end

new text begin (2) two non-felony-level sex offenses; or
new text end

new text begin (3) any felony-level predatory crime that the fact finder
determines was motivated by the offender's sexual impulses or
was part of a predatory pattern of behavior that had criminal
sexual conduct as its goal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 24. new text end

new text begin Predatory crime. new text end

new text begin "Predatory crime" means a
felony violation of section 609.185 (first degree murder),
609.19 (second degree murder), 609.195 (third degree murder),
609.20 (first degree manslaughter), 609.205 (second degree
manslaughter), 609.221 (first degree assault), 609.222 (second
degree assault), 609.223 (third degree assault), 609.24 (simple
robbery), 609.245 (aggravated robbery), 609.25 (kidnapping),
609.255 (false imprisonment), 609.365 (incest), 609.498
(tampering with a witness), 609.561 (first degree arson), or
609.582, subdivision 1 (first degree burglary).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 25. new text end

new text begin Torture. new text end

new text begin "Torture" means the intentional
infliction of extreme mental anguish, or extreme psychological
abuse, when committed in an especially depraved manner.
new text end

Sec. 14.

Minnesota Statutes 2004, section 609.342,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided
in deleted text begin section 609.109 deleted text end new text begin paragraph (b) or (c), or section 609.109 new text end , a
person convicted under subdivision 1 may be sentenced to
imprisonment for not more than deleted text begin 30 deleted text end new text begin 60 new text end years deleted text begin or to a payment of a
fine of not more than $40,000, or both deleted text end .

deleted text begin (b) deleted text end Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 144 months must be imposed on an
offender convicted of violating this section. new text begin Except as
provided in paragraph (b) or (c), new text end sentencing a person in a
manner other than that described in this paragraph is a
departure from the Sentencing Guidelines.

new text begin (b) The court shall sentence a person to imprisonment for
life if:
new text end

new text begin (1) the person was convicted under subdivision 1, paragraph
(c), (d), (e), (f), or (h); or
new text end

new text begin (2) the person was convicted under subdivision 1 of a
subsequent sex offense.
new text end

new text begin Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, and the court imposes this
sentence, the court shall specify a minimum term of imprisonment
of 20 years that must be served before the offender may be
considered for supervised release.
new text end

new text begin (c) The court shall sentence a person to imprisonment for
life without the possibility of release if the person is
convicted of violating subdivision 1, paragraph (c), (d), (e),
(f), or (h), and the fact finder determines beyond a reasonable
doubt that any of the following circumstances exist:
new text end

new text begin (1) the offender tortured the complainant;
new text end

new text begin (2) the offender intentionally inflicted great bodily harm
upon the complainant;
new text end

new text begin (3) the offender, without the complainant's consent,
removed the complainant from one place to another and did not
release the complainant in a safe place;
new text end

new text begin (4) the complainant was aged 13 or younger at the time of
the offense;
new text end

new text begin (5) the complainant was aged 70 or older at the time of the
offense;
new text end

new text begin (6) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and used or
threatened to use the weapon or article to cause the complainant
to submit;
new text end

new text begin (7) the charged offense involved sexual penetration or
sexual contact with more than one victim; or
new text end

new text begin (8) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant.
new text end

new text begin The fact finder may not consider a circumstance described
in clauses (1) to (8) if it is an element of the underlying
specified violation of subdivision 1.
new text end

new text begin (d) In addition to the sentence imposed under paragraph
(a), (b), or (c), the person may also be sentenced to the
payment of a fine of not more than $40,000.
new text end

new text begin (e) In addition to any other sentence permitted by law, a
person convicted under subdivision 1 may be subject to
asexualization or chemical castration as provided for in section
609.1075.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 609.342,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required new text begin for
a subsequent sex offense or new text end under section 609.109, if a person
is convicted under subdivision 1, clause (g), the court may stay
imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2004, section 609.343,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided
in new text begin paragraph (b) or (c) or new text end section 609.109, a person convicted
under subdivision 1 may be sentenced to imprisonment for not
more than deleted text begin 25 deleted text end new text begin 50 new text end years deleted text begin or to a payment of a fine of not more than
$35,000, or both deleted text end .

deleted text begin (b) deleted text end Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 90 months must be imposed on an
offender convicted of violating subdivision 1, clause (c), (d),
(e), (f), or (h). Sentencing a person in a manner other than
that described in this paragraph is a departure from the
Sentencing Guidelines.

new text begin (b) The court shall sentence a person to imprisonment for
life if:
new text end

new text begin (1) the person was convicted under subdivision 1, paragraph
(c), (d), (e), (f), or (h); or
new text end

new text begin (2) the person was convicted under subdivision 1 of a
subsequent sex offense.
new text end

new text begin Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, and the court imposes this
sentence, the court shall specify a minimum term of imprisonment
of 20 years that must be served before the offender may be
considered for supervised release.
new text end

new text begin (c) The court shall sentence a person to imprisonment for
life without the possibility of release if the person is
convicted of violating subdivision 1, paragraph (c), (d), (e),
(f), or (h), and the fact finder determines beyond a reasonable
doubt that any of the following circumstances exist:
new text end

new text begin (1) the offender tortured the complainant;
new text end

new text begin (2) the offender intentionally inflicted great bodily harm
upon the complainant;
new text end

new text begin (3) the offender, without the complainant's consent,
removed the complainant from one place to another and did not
release the complainant in a safe place;
new text end

new text begin (4) the complainant was aged 13 or younger at the time of
the offense;
new text end

new text begin (5) the complainant was aged 70 or older at the time of the
offense;
new text end

new text begin (6) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and used or
threatened to use the weapon or article to cause the complainant
to submit;
new text end

new text begin (7) the charged offense involved sexual penetration or
sexual contact with more than one victim; or
new text end

new text begin (8) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant.
new text end

new text begin The fact finder may not consider a circumstance described
in clauses (1) to (8) if it is an element of the underlying
specified violation of subdivision 1.
new text end

new text begin (d) In addition to the sentence imposed under paragraph
(a), (b), or (c), the person may also be sentenced to the
payment of a fine of not more than $35,000.
new text end

new text begin (e) In addition to any other sentence permitted by law, a
person convicted under subdivision 1 may be subject to
asexualization or chemical castration as provided for in section
609.1075.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2004, section 609.343,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required new text begin for
a subsequent sex offense or new text end under section 609.109, if a person
is convicted under subdivision 1, clause (g), the court may stay
imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2004, section 609.344,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin (a) Except as otherwise provided in
paragraph (b), new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than deleted text begin 15 deleted text end new text begin 30 new text end years deleted text begin or to a
payment of a fine of not more than $30,000, or both deleted text end .

new text begin (b) A person convicted under subdivision 1 of a subsequent
sex offense shall be sentenced to imprisonment for life. Unless
a longer mandatory minimum sentence is otherwise required by law
or the Sentencing Guidelines provide for a longer presumptive
executed sentence, and the court imposes this sentence, the
court shall specify a minimum term of imprisonment of 20 years
that must be served before the offender may be considered for
supervised release.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $30,000.
new text end

new text begin (d) In addition to any other sentence permitted by law, a
person convicted under subdivision 1 may be subject to
asexualization or chemical castration as provided for in section
609.1075.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2004, section 609.344,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under new text begin subdivision 2, paragraph (b), or new text end section 609.109, if a
person is convicted under subdivision 1, clause (f), the court
may stay imposition or execution of the sentence if it finds
that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2004, section 609.345,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin (a) Except as otherwise provided in
paragraph (b), new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than deleted text begin ten deleted text end new text begin 20 new text end years deleted text begin or to a
payment of a fine of not more than $20,000, or both deleted text end .

new text begin (b) A person convicted under subdivision 1 of a subsequent
sex offense shall be sentenced to imprisonment for life. Unless
a longer mandatory minimum sentence is otherwise required by law
or the Sentencing Guidelines provide for a longer presumptive
executed sentence, and the court imposes this sentence, the
court shall specify a minimum term of imprisonment of 20 years
that must be served before the offender may be considered for
supervised release.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $20,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2004, section 609.345,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under new text begin subdivision 2, paragraph (b), or new text end section 609.109, if a
person is convicted under subdivision 1, clause (f), the court
may stay imposition or execution of the sentence if it finds
that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 22.

new text begin [609.3453] CRIMINAL SEXUAL PREDATORY CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin A person is guilty of
criminal sexual predatory conduct if the person commits a
predatory crime that was motivated by the offender's sexual
impulses or was part of a predatory pattern of behavior that had
criminal sexual conduct as its goal.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) Except as provided in paragraph
(b), a person convicted under subdivision 1 may be sentenced to
imprisonment for a minimum of 15 years or twice the statutory
maximum for the underlying predatory crime, whichever is longer.
new text end

new text begin (b) A person convicted under subdivision 1 of a subsequent
sex offense shall be sentenced to imprisonment for life. Unless
a longer mandatory minimum sentence is otherwise required by law
or the Sentencing Guidelines provide for a longer presumptive
executed sentence, and the court imposes this sentence, the
court shall specify a minimum term of imprisonment of 20 years
that must be served before the offender may be considered for
supervised release.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $20,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 23.

Minnesota Statutes 2004, section 609.748,
subdivision 2, is amended to read:

Subd. 2.

Restraining order; jurisdiction.

A person who
is a victim of harassment may seek a restraining order from the
district court in the manner provided in this section. The
parent deleted text begin or deleted text end new text begin , new text end guardian new text begin , or stepparent new text end of a minor who is a victim of
harassment may seek a restraining order from the district court
on behalf of the minor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 24.

Minnesota Statutes 2004, section 609.748,
subdivision 3a, is amended to read:

Subd. 3a.

Filing fee; cost of service.

The filing fees
for a restraining order under this section are waived for the
petitioner if the petition alleges acts that would constitute a
violation of section 609.749, subdivision 2 or 3 new text begin , or sections
609.342 to 609.3451 new text end . The court administrator and the sheriff of
any county in this state shall perform their duties relating to
service of process without charge to the petitioner. The court
shall direct payment of the reasonable costs of service of
process if served by a private process server when the sheriff
is unavailable or if service is made by publication. The court
may direct a respondent to pay to the court administrator the
petitioner's filing fees and reasonable costs of service of
process if the court determines that the respondent has the
ability to pay the petitioner's fees and costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 25.

Minnesota Statutes 2004, section 609.749,
subdivision 2, is amended to read:

Subd. 2.

Harassment and stalking crimes.

(a) A person
who harasses another by committing any of the following acts is
guilty of a gross misdemeanor:

(1) directly or indirectly manifests a purpose or intent to
injure the person, property, or rights of another by the
commission of an unlawful act;

(2) stalks, follows, new text begin monitors, new text end or pursues another new text begin , whether
in person or through technological or other means new text end ;

(3) returns to the property of another if the actor is
without claim of right to the property or consent of one with
authority to consent;

(4) repeatedly makes telephone calls, or induces a victim
to make telephone calls to the actor, whether or not
conversation ensues;

(5) makes or causes the telephone of another repeatedly or
continuously to ring;

(6) repeatedly mails or delivers or causes the delivery by
any means, including electronically, of letters, telegrams,
messages, packages, or other objects; or

(7) knowingly makes false allegations against a peace
officer concerning the officer's performance of official duties
with intent to influence or tamper with the officer's
performance of official duties.

(b) The conduct described in paragraph (a), clauses (4) and
(5), may be prosecuted at the place where any call is either
made or received new text begin or, additionally in the case of wireless or
electronic communication, where the actor or victim resides.
The conduct described in paragraph (a), clause (2), may be
prosecuted where the actor or victim resides new text end . The conduct
described in paragraph (a), clause (6), may be prosecuted where
any letter, telegram, message, package, or other object is
either sent or received new text begin or, additionally in the case of wireless
or electronic communication, where the actor or victim resides new text end .

(c) A peace officer may not make a warrantless, custodial
arrest of any person for a violation of paragraph (a), clause
(7).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 26.

Minnesota Statutes 2004, section 609.79,
subdivision 2, is amended to read:

Subd. 2.

Venue.

The offense may be prosecuted either at
the place where the call is made or where it is received new text begin or,
additionally in the case of wireless or electronic
communication, where the sender or receiver resides new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 27.

Minnesota Statutes 2004, section 609.795, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Venue. new text end

new text begin The offense may be prosecuted either at
the place where the letter, telegram, or package is sent or
received or, alternatively in the case of wireless electronic
communication, where the sender or receiver resides.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 28. new text begin SENTENCING GUIDELINES; CHANGES MANDATED.
new text end

new text begin (a) The Sentencing Guidelines Commission shall modify the
Sentencing Guidelines, including the guidelines grid, to reflect
the changes made in this act.
new text end

new text begin (b) The commission shall make the sex offender-related
modifications to the guidelines and grid proposed in the
commission's January 2005 report to the legislature, including
creating a separate sex offender grid, and changing the method
used to calculate the weights assigned to sex offenses when
calculating an offender's criminal history. However, the
commission shall adapt the proposed modifications to reflect the
restructuring of sex offense sentences under this article.
new text end

new text begin (c) Modifications made by the commission under this section
take effect August 1, 2005.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 29. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 609.108, subdivision 2,
and 609.109, subdivisions 2, 4, and 6, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

ARTICLE 3

SEX OFFENDER POLICY AND REVIEW BOARDS

Section 1.

Minnesota Statutes 2004, section 13.851, is
amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Predatory offenders; minnesota sex offender
review board. new text end

new text begin Certain data classified under this chapter are
made accessible to the Minnesota Sex Offender Review Board under
section 244.0515.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13D.05,
subdivision 2, is amended to read:

Subd. 2.

When meeting must be closed.

(a) Any portion of
a meeting must be closed if expressly required by other law or
if the following types of data are discussed:

(1) data that would identify alleged victims or reporters
of criminal sexual conduct, domestic abuse, or maltreatment of
minors or vulnerable adults;

(2) active investigative data as defined in section 13.82,
subdivision 7, or internal affairs data relating to allegations
of law enforcement personnel misconduct collected or created by
a state agency, statewide system, or political subdivision; or

(3) educational data, health data, medical data, welfare
data, or mental health data that are not public data under
section 13.32, 13.3805, subdivision 1, 13.384, or 13.46,
subdivision 2 or 7.

(b) A public body shall close one or more meetings for
preliminary consideration of allegations or charges against an
individual subject to its authority. If the members conclude
that discipline of any nature may be warranted as a result of
those specific charges or allegations, further meetings or
hearings relating to those specific charges or allegations held
after that conclusion is reached must be open. A meeting must
also be open at the request of the individual who is the subject
of the meeting.

new text begin (c) The Minnesota Sex Offender Review Board authorized by
section 244.0515 must close a meeting to deliberate whether an
inmate's petition meets the criteria for release established by
the board. The board must identify the inmate whose petition
will be deliberated. At its next open meeting, the board shall
summarize its deliberations regarding the inmate's petition.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 3.

new text begin [243.168] SEX OFFENDER POLICY BOARD;
ESTABLISHMENT; MEMBERSHIP; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A Sex Offender Policy
Board is established to develop professional standards for
treatment of sex offenders, including uniform supervision and
treatment guidelines.
new text end

new text begin (a) The governor shall appoint a Sex Offender Policy Board
to serve in an advisory capacity to the governor. The governor
shall appoint to the board five professionals with relevant and
complimentary experience in treatment, law enforcement, sex
offender assessment, and sex offender management.
new text end

new text begin (b) Members of the board appointed by the governor serve at
the pleasure of the governor and their terms end with the term
of the governor. Members of the board serve without
compensation but may be reimbursed for reasonable expenses as
determined by the commissioner of corrections. Notwithstanding
section 15.059, the board does not expire until repealed by law.
new text end

new text begin Subd. 2. new text end

new text begin Reports to legislature. new text end

new text begin The board must submit
reports to the legislature on the professional standards for
treatment of sex offenders, including uniform supervision and
treatment guidelines.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

new text begin [244.0515] MINNESOTA SEX OFFENDER REVIEW BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the
following terms have the meanings given:
new text end

new text begin (1) "board" means the Minnesota Sex Offender Review Board;
and
new text end

new text begin (2) "commissioner" means the commissioner of corrections.
new text end

new text begin Subd. 2. new text end

new text begin Responsibilities. new text end

new text begin The board is responsible for
making decisions regarding the release of inmates sentenced to
life sentences under section 609.109; 609.342, subdivision 2,
paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344,
subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph
(b); or 609.3453, subdivision 2, paragraph (b).
new text end

new text begin Subd. 3. new text end

new text begin Exemption from chapter 14. new text end

new text begin (a) For the purposes
of this section and except as provided in paragraph (b), the
board and the commissioner are not subject to chapter 14.
new text end

new text begin (b) The board and the commissioner may adopt rules under
section 14.389 to implement this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 5. new text begin DIRECTION TO COMMISSIONER OF CORRECTIONS.
new text end

new text begin (a) The commissioner of corrections shall establish
criteria and procedures for the Minnesota Sex Offender Review
Board established under Minnesota Statutes, section 244.0515.
The commissioner shall develop recommendations for the
composition, duties, procedures, and review criteria for release
of sex offenders. The proposed procedures and review criteria
shall be for use by the board in making release and revocation
decisions on offenders sentenced under Minnesota Statutes,
section 609.109; 609.342, subdivision 2, paragraph (b); 609.343,
subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph
(b); 609.345, subdivision 2, paragraph (b); or 609.3453,
subdivision 2, paragraph (b). In establishing criteria and
procedures, the commissioner shall seek the input of the
end-of-confinement review committee at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The commissioner also shall seek input
from individuals knowledgeable in health and human services;
public safety; Minnesota's sex offender treatment program;
treatment of sex offenders; crime victim issues; criminal law;
sentencing guidelines; law enforcement; and probation,
supervised release, and conditional release.
new text end

new text begin (b) By December 15, 2005, the commissioner shall submit a
written report to the legislature containing proposed
composition, duties, procedures, and review criteria of the
Minnesota Sex Offender Board. This report also must include a
summary of the input gathered under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 6. new text begin SUPREME COURT TASK FORCE; STUDY REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota Supreme
Court is requested to establish a task force to study the use of
the court system as an alternative to the administrative process
of the special review board for reductions in custody and
discharge from commitment of those persons committed as a
sexually dangerous person or sexual psychopathic personality
under Minnesota Statutes, section 253B.185.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The task force shall consist of the
following:
new text end

new text begin (1) a representative from the Supreme Court;
new text end

new text begin (2) a court administrator;
new text end

new text begin (3) a district court judge;
new text end

new text begin (4) a county attorney selected by the county attorney's
association;
new text end

new text begin (5) a representative from the attorney general's office;
new text end

new text begin (6) the Ombudsman for Mental Health and Mental Retardation;
new text end

new text begin (7) a law enforcement representative;
new text end

new text begin (8) a county case manager;
new text end

new text begin (9) a victim services representative;
new text end

new text begin (10) a person experienced in treating sex offenders;
new text end

new text begin (11) a defense attorney;
new text end

new text begin (12) the commissioner of human services or designee;
new text end

new text begin (13) the state-operated services forensic medical director
or designee;
new text end

new text begin (14) the commissioner of corrections or designee;
new text end

new text begin (15) a representative from community corrections;
new text end

new text begin (16) a member of the special review board; and
new text end

new text begin (17) any other persons deemed necessary by the Minnesota
Supreme Court.
new text end

new text begin Subd. 3. new text end

new text begin Recommendations. new text end

new text begin The task force shall be
convened no later than August 1, 2005. The task force shall
examine current law and practices relating to the reduction in
custody and discharge of persons committed as a sexually
dangerous person or sexual psychopathic personality. The task
forces shall examine the laws of other jurisdictions and shall
make recommendations regarding reduction in custody and
discharge procedures and release criteria. The recommendations
may suggest the establishment of a judicial process rather than
the special review board to authorize a reduction in custody or
discharge.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The task force shall report to the
chairs of the house Public Safety Policy and Finance Committee
and the senate Crime Prevention and Public Safety Committee with
recommendations by December 15, 2005.
new text end

ARTICLE 4

PREDATORY OFFENDER REGISTRY

Section 1.

Minnesota Statutes 2004, section 13.82, is
amended by adding a subdivision to read:

new text begin Subd. 28. new text end

new text begin Disclosure of sex offender registrant status.
new text end

new text begin Law enforcement agency disclosure to health facilities of the
registrant status of a registered sex offender is governed by
section 244.052.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 144A.135, is
amended to read:

144A.135 TRANSFER AND DISCHARGE APPEALS.

(a) The commissioner shall establish a mechanism for
hearing appeals on transfers and discharges of residents by
nursing homes or boarding care homes licensed by the
commissioner. The commissioner may adopt permanent rules to
implement this section.

(b) Until federal regulations are adopted under sections
1819(f)(3) and 1919(f)(3) of the Social Security Act that govern
appeals of the discharges or transfers of residents from nursing
homes and boarding care homes certified for participation in
Medicare or medical assistance, the commissioner shall provide
hearings under sections 14.57 to 14.62 and the rules adopted by
the Office of Administrative Hearings governing contested
cases. To appeal the discharge or transfer, or notification of
an intended discharge or transfer, a resident or the resident's
representative must request a hearing in writing no later than
30 days after receiving written notice, which conforms to state
and federal law, of the intended discharge or transfer.

(c) Hearings under this section shall be held no later than
14 days after receipt of the request for hearing, unless
impractical to do so or unless the parties agree otherwise.
Hearings shall be held in the facility in which the resident
resides, unless impractical to do so or unless the parties agree
otherwise.

(d) A resident who timely appeals a notice of discharge or
transfer, and who resides in a certified nursing home or
boarding care home, may not be discharged or transferred by the
nursing home or boarding care home until resolution of the
appeal. The commissioner can order the facility to readmit the
resident if the discharge or transfer was in violation of state
or federal law. If the resident is required to be hospitalized
for medical necessity before resolution of the appeal, the
facility shall readmit the resident unless the resident's
attending physician documents, in writing, why the resident's
specific health care needs cannot be met in the facility.

(e) The commissioner and Office of Administrative Hearings
shall conduct the hearings in compliance with the federal
regulations described in paragraph (b), when adopted.

(f) Nothing in this section limits the right of a resident
or the resident's representative to request or receive
assistance from the Office of Ombudsman for Older Minnesotans or
the Office of Health Facility Complaints with respect to an
intended discharge or transfer.

new text begin (g) A person required to inform a health care facility of
the person's status as a registered sex offender under section
243.166, subdivision 4b, who knowingly fails to do so shall be
deemed to have endangered the safety of individuals in the
facility under Code of Federal Regulations, chapter 42, section
483.12. Notwithstanding paragraph (d), any appeal of the notice
and discharge shall not constitute a stay of the discharge.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 168.12, is
amended by adding a subdivision to read:

new text begin Subd. 2g. new text end

new text begin Predatory offenders; special plates. new text end

new text begin (a) The
commissioner shall issue the special sex offender plates
required under section 244.052, subdivision 4d, on payment of
the registration tax required by law for the vehicle, compliance
with all other applicable laws relating to registration and
licensing of motor vehicles and drivers, and payment of an
additional fee of $10. The plates must be plainly marked
"predatory offender."
new text end

new text begin (b) The commissioner may adjust the fees for these plates
to recover any additional costs of issuing the plates. The fees
specified in this subdivision must be paid into the state
treasury and deposited in the highway user tax distribution fund.
new text end

new text begin (c) The commissioner may adopt rules governing the design,
issuance, and sale of the special plates authorized by this
subdivision.
new text end

new text begin (d) A person required to obtain special plates under this
subdivision is not eligible to obtain any other special plates
under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to all persons currently required to register as
level III predatory offenders and those who are required to do
so on or after this date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 171.07,
subdivision 1, is amended to read:

Subdivision 1.

License; contents.

(a) Upon the payment
of the required fee, the department shall issue to every
qualifying applicant a license designating the type or class of
vehicles the applicant is authorized to drive as applied for.
This license must bear a distinguishing number assigned to the
licensee, the full name, date of birth, residence address and
permanent mailing address if different, a description of the
licensee in a manner as the commissioner deems necessary, and
the usual signature of the licensee. No license is valid unless
it bears the usual signature of the licensee. Every license
must bear a colored photograph or an electronically produced
image of the licensee.

(b) Every license issued to an applicant under the age of
21 must be of a distinguishing color and plainly marked
"Under-21."

(c) The department shall use processes in issuing a license
that prohibit, as nearly as possible, the ability to alter or
reproduce a license, or prohibit the ability to superimpose a
photograph or electronically produced image on a license,
without ready detection.

(d) A license issued to an applicant age 65 or over must be
plainly marked "senior" if requested by the applicant.

new text begin (e) A license issued to an applicant required to register
as a risk level III predatory offender under section 244.052,
must be plainly marked "predatory offender." The commissioner
may adjust the fees for licenses issued under this paragraph to
recover any additional costs of issuing the licenses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to all persons currently required to register as
level III predatory offenders and those who are required to do
so on or after this date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 171.07,
subdivision 3, is amended to read:

Subd. 3.

Identification card; fee.

(a) Upon payment of
the required fee, the department shall issue to every qualifying
applicant a Minnesota identification card. The department may
not issue a Minnesota identification card to a person who has a
driver's license, other than a limited license. The card must
bear a distinguishing number assigned to the applicant; a
colored photograph or an electronically produced image of the
applicant; the applicant's full name, date of birth, and
residence address; a description of the applicant in the manner
as the commissioner deems necessary; and the usual signature of
the applicant.

(b) Each identification card issued to an applicant under
the age of 21 must be of a distinguishing color and plainly
marked "Under-21."

(c) Each Minnesota identification card must be plainly
marked "Minnesota identification card - not a driver's license."

(d) The fee for a Minnesota identification card is 50 cents
when issued to a person who is mentally retarded, as defined in
section 252A.02, subdivision 2; a physically disabled person, as
defined in section 169.345, subdivision 2; or, a person with
mental illness, as described in section 245.462, subdivision 20,
paragraph (c).

new text begin (e) Each Minnesota identification card issued to an
applicant required to register as a risk level III predatory
offender under section 244.052, must be plainly marked
"predatory offender." The commissioner may adjust the fees for
identification cards issued under this paragraph to recover any
additional costs of issuing the identification cards.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to all persons currently required to register as
level III predatory offenders and those who are required to do
so on or after this date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 243.166, is
amended to read:

243.166 REGISTRATION OF PREDATORY OFFENDERS.

deleted text begin Subdivision 1. deleted text end

deleted text begin Registration required. deleted text end

deleted text begin (a) A person shall
register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
deleted text end

deleted text begin (i) murder under section 609.185, clause (2); or
deleted text end

deleted text begin (ii) kidnapping under section 609.25; or
deleted text end

deleted text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
deleted text end

deleted text begin (iv) indecent exposure under section 617.23, subdivision 3;
or
deleted text end

deleted text begin (2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
deleted text end

deleted text begin (3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
deleted text end

deleted text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
deleted text end

deleted text begin (b) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
deleted text end

deleted text begin (2) the person enters the state to reside, or to work or
attend school; and
deleted text end

deleted text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
deleted text end

deleted text begin For purposes of this paragraph:
deleted text end

deleted text begin (i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and
deleted text end

deleted text begin (ii) "work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
deleted text end

deleted text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
deleted text end

deleted text begin (d) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
deleted text end

deleted text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
deleted text end

deleted text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
deleted text end

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
unless the context clearly indicates otherwise, the following
terms have the meanings given them.
new text end

new text begin (b) "Bureau" means the Bureau of Criminal Apprehension.
new text end

new text begin (c) "Dwelling" means the building where the person lives
under a formal or informal agreement to do so.
new text end

new text begin (d) "Incarceration" and "confinement" do not include
electronic home monitoring.
new text end

new text begin (e) "Law enforcement authority" or "authority" means, with
respect to a home rule charter or statutory city, the chief of
police, and with respect to an unincorporated area, the county
sheriff.
new text end

new text begin (f) "Motor vehicle" has the meaning given in section
169.01, subdivision 2.
new text end

new text begin (g) "Primary address" means the mailing address of the
person's dwelling. If the mailing address is different from the
actual location of the dwelling, primary address also includes
the physical location of the dwelling described with as much
specificity as possible.
new text end

new text begin (h) "School" includes any public or private educational
institution, including any secondary school, trade, or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time basis.
new text end

new text begin (i) "Secondary address" means the mailing address of any
place where the person regularly or occasionally stays overnight
when not staying at the person's primary address. If the
mailing address is different from the actual location of the
place, secondary address also includes the physical location of
the place described with as much specificity as possible.
new text end

new text begin (j) "Treatment facility" means a residential facility, as
defined in section 244.052, subdivision 1, and residential
chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to,
those facilities directly or indirectly assisted by any
department or agency of the United States.
new text end

new text begin (k) "Work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
new text end

new text begin Subd. 1b. new text end

new text begin Registration required. new text end

new text begin (a) A person shall
register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit, any of the following, and convicted of or
adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances:
new text end

new text begin (i) murder under section 609.185, clause (2);
new text end

new text begin (ii) kidnapping under section 609.25;
new text end

new text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
or
new text end

new text begin (iv) indecent exposure under section 617.23, subdivision 3;
new text end

new text begin (2) the person was charged with or petitioned for a
violation of, or attempt to violate, or aiding, abetting, or
conspiracy to commit false imprisonment in violation of section
609.255, subdivision 2; soliciting a minor to engage in
prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of
section 609.352; using a minor in a sexual performance in
violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted
of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances;
new text end

new text begin (3) the person was sentenced as a patterned sex offender
under section 609.108; or
new text end

new text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
new text end

new text begin (b) A person also shall register under this section if:
new text end

new text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
new text end

new text begin (2) the person enters this state to reside, work, or attend
school, or enters this state and remains for 14 days or longer;
and
new text end

new text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person shall
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
new text end

new text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
new text end

new text begin (d) A person also shall register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
new text end

new text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
new text end

new text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
new text end

Subd. 2.

Notice.

When a person who is required to
register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), is sentenced or
becomes subject to a juvenile court disposition order, the court
shall tell the person of the duty to register under this section
and that, if the person fails to comply with the registration
requirements, information about the offender may be made
available to the public through electronic, computerized, or
other accessible means. The court may not modify the person's
duty to register in the pronounced sentence or disposition
order. The court shall require the person to read and sign a
form stating that the duty of the person to register under this
section has been explained. The court shall forward the signed
sex offender registration form, the complaint, and sentencing
documents to the bureau deleted text begin of Criminal Apprehension deleted text end . If a person
required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), was
not notified by the court of the registration requirement at the
time of sentencing or disposition, the assigned corrections
agent shall notify the person of the requirements of this
section. When a person who is required to register under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c) or (d), is released from
commitment, the treatment facility shall notify the person of
the requirements of this section. The treatment facility shall
also obtain the registration information required under this
section and forward it to the bureau deleted text begin of Criminal Apprehension deleted text end .

Subd. 3.

Registration procedure.

(a) new text begin Except as provided
in subdivision 3a, new text end a person required to register under this
section shall register with the corrections agent as soon as the
agent is assigned to the person. If the person does not have an
assigned corrections agent or is unable to locate the assigned
corrections agent, the person shall register with the law
enforcement deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end .

(b) new text begin Except as provided in subdivision 3a, new text end at least five
days before the person starts living at a new primary address,
including living in another state, the person shall give written
notice of the new primary deleted text begin living deleted text end address to the assigned
corrections agent or to the law enforcement authority with which
the person currently is registered. If the person will be
living in a new state and that state has a registration
requirement, the person shall also give written notice of the
new address to the designated registration agency in the new
state. A person required to register under this section shall
also give written notice to the assigned corrections agent or to
the law enforcement authority that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end that the person is no
longer living or staying at an address, immediately after the
person is no longer living or staying at that address. The
corrections agent or law enforcement authority shall, within two
business days after receipt of this information, forward it to
the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau deleted text begin of Criminal
Apprehension deleted text end shall, if it has not already been done, notify the
law enforcement authority having primary jurisdiction in the
community where the person will live of the new address. If the
person is leaving the state, the bureau deleted text begin of Criminal Apprehension
deleted text end shall notify the registration authority in the new state of the
new address. deleted text begin If the person's obligation to register arose under
subdivision 1, paragraph (b), deleted text end The person's registration
requirements under this section terminate deleted text begin when deleted text end new text begin after new text end the person
begins living in the new state new text begin and the bureau has confirmed the
address in the other state through the annual verification
process on at least one occasion new text end .

(c) A person required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (b), because the person is working or attending school
in Minnesota shall register with the law enforcement
deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area where the
person works or attends school. In addition to other
information required by this section, the person shall provide
the address of the school or of the location where the person is
employed. A person deleted text begin must deleted text end new text begin shall new text end comply with this paragraph within
five days of beginning employment or school. A person's
obligation to register under this paragraph terminates when the
person is no longer working or attending school in Minnesota.

(d) A person required to register under this section who
works or attends school outside of Minnesota shall register as a
predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the
person does not have an assigned corrections agent, the law
enforcement authority that has jurisdiction in the area of the
person's deleted text begin residence deleted text end new text begin primary address new text end shall notify the person of
this requirement.

new text begin Subd. 3a. new text end

new text begin Registration procedure when person lacks
primary address. new text end

new text begin (a) If a person leaves a primary address and
does not have a new primary address, the person shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours of the time the
person no longer has a primary address.
new text end

new text begin (b) A person who lacks a primary address shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours after entering
the jurisdiction. Each time a person who lacks a primary
address moves to a new jurisdiction without acquiring a new
primary address, the person shall register with the law
enforcement authority that has jurisdiction in the area where
the person is staying within 24 hours after entering the
jurisdiction.
new text end

new text begin (c) Upon registering under this subdivision, the person
shall provide the law enforcement authority with all of the
information the individual is required to provide under
subdivision 4a. However, instead of reporting the person's
primary address, the person shall describe the location of where
the person is staying with as much specificity as possible.
new text end

new text begin (d) Except as otherwise provided in paragraph (e), if a
person continues to lack a primary address, the person shall
report in person on a weekly basis to the law enforcement
authority with jurisdiction in the area where the person is
staying. This weekly report shall occur between the hours of
9:00 a.m. and 5:00 p.m. The person is not required to provide
the registration information required under subdivision 4a each
time the offender reports to an authority, but the person shall
inform the authority of changes to any information provided
under this subdivision or subdivision 4a and shall otherwise
comply with this subdivision.
new text end

new text begin (e) If the law enforcement authority determines that it is
impractical, due to the person's unique circumstances, to
require a person lacking a primary address to report weekly and
in person as required under paragraph (d), the authority may
authorize the person to follow an alternative reporting
procedure. The authority shall consult with the person's
corrections agent, if the person has one, in establishing the
specific criteria of this alternative procedure, subject to the
following requirements:
new text end

new text begin (1) the authority shall document, in the person's
registration record, the specific reasons why the weekly
in-person reporting process is impractical for the person to
follow;
new text end

new text begin (2) the authority shall explain how the alternative
reporting procedure furthers the public safety objectives of
this section;
new text end

new text begin (3) the authority shall require the person lacking a
primary address to report in person at least monthly to the
authority or the person's corrections agent and shall specify
the location where the person shall report. If the authority
determines it would be more practical and would further public
safety for the person to report to another law enforcement
authority with jurisdiction where the person is staying, it may,
after consulting with the other law enforcement authority,
include this requirement in the person's alternative reporting
process;
new text end

new text begin (4) the authority shall require the person to comply with
the weekly, in-person reporting process required under paragraph
(d), if the person moves to a new area where this process would
be practical;
new text end

new text begin (5) the authority shall require the person to report any
changes to the registration information provided under
subdivision 4a and to comply with the periodic registration
requirements specified under paragraph (f); and
new text end

new text begin (6) the authority shall require the person to comply with
the requirements of subdivision 3, paragraphs (b) and (c), if
the person moves to a primary address.
new text end

new text begin (f) If a person continues to lack a primary address and
continues to report to the same law enforcement authority, the
person shall provide the authority with all of the information
the individual is required to provide under this subdivision and
subdivision 4a at least annually, unless the person is required
to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185
or a similar law of another state or the United States. If the
person is required to register under subdivision 1b, paragraph
(c), the person shall provide the law enforcement authority with
all of the information the individual is required to report
under this subdivision and subdivision 4a at least once every
three months.
new text end

new text begin (g) A law enforcement authority receiving information under
this subdivision shall forward registration information and
changes to that information to the bureau within two business
days of receipt of the information.
new text end

new text begin (h) For purposes of this subdivision, a person who fails to
report a primary address will be deemed to be a person who lacks
a primary address, and the person shall comply with the
requirements for a person who lacks a primary address.
new text end

Subd. 4.

Contents of registration.

(a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the bureau deleted text begin of Criminal
Apprehension deleted text end , a fingerprint card, and photograph of the person
taken at the time of the person's release from incarceration or,
if the person was not incarcerated, at the time the person
initially registered under this section. The registration
information also must include a written consent form signed by
the person allowing a treatment facility new text begin or residential housing
unit or shelter new text end to release information to a law enforcement
officer about the person's admission to, or residence in, a
treatment facility new text begin or residential housing unit or shelter new text end .
Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171,
subdivision 3.

(b) For persons required to register under subdivision deleted text begin 1
deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information
required by this section, the registration provided to the
corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received
during the person's commitment. This documentation deleted text begin shall be deleted text end new text begin is
new text end limited to a statement of how far the person progressed in
treatment during commitment.

(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the registration
information to the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau
shall ascertain whether the person has registered with the law
enforcement authority deleted text begin where the person resides deleted text end new text begin in the area of
the person's primary address, if any, or if the person lacks a
primary address, where the person is staying, as required by
subdivision 3a new text end . If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that
authority.

(d) The corrections agent or law enforcement authority may
require that a person required to register under this section
appear before the agent or authority to be photographed. The
agent or authority shall forward the photograph to the bureau deleted text begin of
Criminal Apprehension deleted text end .

new text begin The agent or authority shall require a person required to
register under this section who is classified as a level III
offender under section 244.052 to appear before the agent or
authority at least every six months to be photographed.
new text end

(e) During the period a person is required to register
under this section, the following deleted text begin shall deleted text end new text begin provisions new text end apply:

(1) new text begin Except for persons registering under subdivision 3a,
new text end the bureau deleted text begin of Criminal Apprehension deleted text end shall mail a verification
form to the deleted text begin last reported address of the deleted text end person's deleted text begin residence deleted text end new text begin last
reported primary address new text end . This verification form deleted text begin shall deleted text end new text begin must
new text end provide notice to the offender that, if the offender does not
return the verification form as required, information about the
offender may be made available to the public through electronic,
computerized, or other accessible means. new text begin For persons who are
registered under subdivision 3a, the bureau shall mail an annual
verification form to the law enforcement authority where the
offender most recently reported. The authority shall provide
the verification form to the person at the next weekly meeting
and ensure that the person completes and signs the form and
returns it to the bureau.
new text end

(2) The person shall mail the signed verification form back
to the bureau deleted text begin of Criminal Apprehension deleted text end within ten days after
receipt of the form, stating on the form the current and last
address of the person's residence and the other information
required under subdivision 4a.

(3) new text begin In addition to the requirements listed in this section,
a person who is assigned to risk level II or III under section
244.052, and who is no longer under correctional supervision for
a registration offense, or a failure to register offense, but
who resides, works, or attends school in Minnesota, shall have
an annual in-person contact with a law enforcement authority as
provided in this section. If the person resides in Minnesota,
the annual in-person contact shall be with the law enforcement
authority that has jurisdiction over the person's primary
address or, if the person has no address, the location where the
person is staying. If the person does not reside in Minnesota
but works or attends school in this state, the person shall have
an annual in-person contact with the law enforcement authority
or authorities with jurisdiction over the person's school or
workplace. During the month of the person's birth date, the
person shall report to the authority to verify the accuracy of
the registration information and to be photographed. Within
three days of this contact, the authority shall enter
information as required by the bureau into the predatory
offender registration database and submit an updated photograph
of the person to the bureau's predatory offender registration
unit.
new text end

new text begin (4) new text end If the person fails to mail the completed and signed
verification form to the bureau deleted text begin of Criminal Apprehension deleted text end within
ten days after receipt of the form, new text begin or if the person fails to
report to the law enforcement authority during the month of the
person's birth date, new text end the person deleted text begin shall be deleted text end new text begin is new text end in violation of this
section.

new text begin (5) For any person who fails to mail the completed and
signed verification form to the bureau within ten days after
receipt of the form and who has been determined to be a risk
level III offender under section 244.052, the bureau shall
immediately investigate and notify local law enforcement
authorities to investigate the person's location and to ensure
compliance with this section. The bureau also shall immediately
give notice of the person's violation of this section to the law
enforcement authority having jurisdiction over the person's last
registered address or addresses.
new text end

For persons required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, the bureau shall comply with clause
(1) at least four times each year. new text begin For persons who, under
section 244.052, are assigned to risk level III and who are no
longer under correctional supervision for a registration offense
or a failure to register offense, the bureau shall comply with
clause (1) at least two times each year. new text end For all other persons
required to register under this section, the bureau shall comply
with clause (1) each year within 30 days of the anniversary date
of the person's initial registration.

(f) When sending out a verification form, the bureau deleted text begin of
Criminal Apprehension must deleted text end new text begin shall new text end determine whether the person to
whom the verification form is being sent has signed a written
consent form as provided for in paragraph (a). If the person
has not signed such a consent form, the bureau deleted text begin of Criminal
Apprehension must deleted text end new text begin shall new text end send a written consent form to the
person along with the verification form. A person who receives
this written consent form deleted text begin must deleted text end new text begin shall new text end sign and return it to the
bureau deleted text begin of Criminal Apprehension deleted text end at the same time as the
verification form.

deleted text begin (g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section
244.052, subdivision 1, and residential chemical dependency
treatment programs and halfway houses licensed under chapter
245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United
States.
deleted text end

Subd. 4a.

Information required to be provided.

(a) deleted text begin As
used in this section:
deleted text end

deleted text begin (1) "motor vehicle" has the meaning given "vehicle" in
section 169.01, subdivision 2;
deleted text end

deleted text begin (2) "primary residence" means any place where the person
resides longer than 14 days or that is deemed a primary
residence by a person's corrections agent, if one is assigned to
the person; and
deleted text end

deleted text begin (3) "secondary residence" means any place where the person
regularly stays overnight when not staying at the person's
primary residence, and includes, but is not limited to:
deleted text end

deleted text begin (i) the person's parent's home if the person is a student
and stays at the home at times when the person is not staying at
school, including during the summer; and
deleted text end

deleted text begin (ii) the home of someone with whom the person has a minor
child in common where the child's custody is shared.
deleted text end

deleted text begin (b) deleted text end A person required to register under this section shall
provide to the corrections agent or law enforcement authority
the following information:

(1) the deleted text begin address of the deleted text end person's primary deleted text begin residence deleted text end new text begin address new text end ;

(2) deleted text begin the addresses of deleted text end all new text begin of new text end the person's secondary
deleted text begin residences deleted text end new text begin addresses new text end in Minnesota, including all addresses used
for residential or recreational purposes;

(3) the addresses of all Minnesota property owned, leased,
or rented by the person;

(4) the addresses of all locations where the person is
employed;

(5) the addresses of all deleted text begin residences deleted text end new text begin schools new text end where the
person deleted text begin resides while attending school deleted text end new text begin is enrolled new text end ; and

(6) the year, model, make, license plate number, and color
of all motor vehicles owned or regularly driven by the person.

deleted text begin (c) deleted text end new text begin (b) new text end The person shall report to the agent or authority
the information required to be provided under paragraph deleted text begin (b) deleted text end new text begin (a) new text end ,
clauses (2) to (6), within five days of the date the clause
becomes applicable. If because of a change in circumstances any
information reported under paragraph deleted text begin (b) deleted text end new text begin (a) new text end , clauses (1) to
(6), no longer applies, the person shall immediately inform the
agent or authority that the information is no longer valid. new text begin If
the person leaves a primary address and does not have a new
primary address, the person shall register as provided in
subdivision 3a.
new text end

new text begin Subd. 4b. new text end

new text begin Health care facility; notice of status. new text end

new text begin (a)
Upon admission to a health care facility, a person required to
register under this section shall immediately disclose to:
new text end

new text begin (1) the health care facility employee processing the
admission, the person's status as a registered sex offender
under this section;
new text end

new text begin (2) the person's supervision agent, if the person is under
supervision at the time of admission, that inpatient admission
has occurred; and
new text end

new text begin (3) the law enforcement authority with whom the person
registers, if the person is subject to registration under this
section, that inpatient admission has occurred.
new text end

new text begin (b) "Health care facility" means a hospital or other entity
licensed under sections 144.50 to 144.58, nursing facilities
certified for participation in the federal Medicare or Medicaid
programs and licensed as a nursing home under chapter 144A, a
boarding care home under sections 144.50 to 144.56, or a group
residential housing facility or an intermediate care facility
for the mentally retarded licensed under chapter 245A.
new text end

new text begin (c) A person required to inform persons or entities under
paragraph (a), clauses (1) to (3), of the person's status as a
registered sex offender, who knowingly fails to provide this
information to the persons or entities, is guilty of a felony
and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.
new text end

new text begin Subd. 4c. new text end

new text begin Health care facility; law enforcement
notification duty. new text end

new text begin A law enforcement authority or corrections
agent shall notify the administrator of a health care facility,
as defined in subdivision 4b, as soon as it comes to the
attention of the authority or agent that a person required to
register under this section has been admitted and is receiving
health care at the facility.
new text end

Subd. 5.

Criminal penalty.

(a) A person required to
register under this section who knowingly violates any of its
provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau deleted text begin of
Criminal Apprehension deleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.

(b) Except as provided in paragraph (c), a person convicted
of violating paragraph (a) shall be committed to the custody of
the commissioner of corrections for not less than a year and a
day, nor more than five years.

(c) A person convicted of violating paragraph (a), who has
previously been convicted of or adjudicated delinquent for
violating this section new text begin or a similar statute of another state or
the United States new text end , shall be committed to the custody of the
commissioner of corrections for not less than two years, nor
more than five years.

(d) Prior to the time of sentencing, the prosecutor may
file a motion to have the person sentenced without regard to the
mandatory minimum sentence established by this subdivision. The
motion deleted text begin shall deleted text end new text begin must new text end be accompanied by a statement on the record of
the reasons for it. When presented with the motion, or on its
own motion, the court may sentence the person without regard to
the mandatory minimum sentence if the court finds substantial
and compelling reasons to do so. Sentencing a person in the
manner described in this paragraph is a departure from the
Sentencing Guidelines.

(e) A person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge,
work release, new text begin conditional release, new text end or supervised release, until
that person has served the full term of imprisonment as provided
by law, notwithstanding the provisions of sections 241.26,
242.19, 243.05, 244.04, 609.12, and 609.135.

Subd. 6.

Registration period.

(a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as
provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this
section until ten years have elapsed since the person initially
registered in connection with the offense, or until the
probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to
register under this section who is committed under section
253B.18 or 253B.185, the ten-year registration period does not
include the period of commitment.

(b) If a person required to register under this section
fails to deleted text begin register following a change in residence deleted text end new text begin provide the
person's primary address as required by subdivision 3, paragraph
(b), fails to comply with the requirements of subdivision 3a,
fails to provide information as required by subdivision 4a, or
fails to return the verification form referenced in subdivision
4 within ten days new text end , the commissioner of public safety may require
the person to continue to register for an additional period of
five years. This five-year period is added to the end of the
offender's registration period.

(c) If a person required to register under this section is
subsequently incarcerated following a new text begin conviction for a new
offense or following a new text end revocation of probation, supervised
release, or conditional release for deleted text begin that deleted text end new text begin any new text end offense deleted text begin , or a
conviction for any new offense deleted text end , the person shall continue to
register until ten years have elapsed since the person was last
released from incarceration or until the person's probation,
supervised release, or conditional release period expires,
whichever occurs later.

(d) A person shall continue to comply with this section for
the life of that person:

(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or any offense from another state or any
federal offense similar to the offenses described in subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , and the person has a prior conviction or adjudication for
an offense for which registration was or would have been
required under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or an offense from another
state or a federal offense similar to an offense described in
subdivision deleted text begin 1 deleted text end new text begin 1b new text end ;

(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under
section 609.185, clause (2), or a similar statute from another
state or the United States;

(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1,
paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1, paragraph (a), (c), or (g); or a statute from
another state or the United States similar to the offenses
described in this clause; or

(4) if the person is required to register under subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States.

Subd. 7.

Use of information.

Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
information provided under this section is private data on
individuals under section 13.02, subdivision 12. The
information may be used only for law enforcement purposes.

Subd. 7a.

Availability of information on offenders who
are out of compliance with registration law.

(a) The bureau deleted text begin of
Criminal Apprehension deleted text end may make information available to the
public about offenders who are 16 years of age or older and who
are out of compliance with this section for 30 days or longer
for failure to provide the deleted text begin address of the deleted text end offenders' primary or
secondary deleted text begin residences deleted text end new text begin addresses new text end . This information may be made
available to the public through electronic, computerized, or
other accessible means. The amount and type of information made
available deleted text begin shall be deleted text end new text begin is new text end limited to the information necessary for
the public to assist law enforcement in locating the offender.

(b) An offender who comes into compliance with this section
after the bureau deleted text begin of Criminal Apprehension deleted text end discloses information
about the offender to the public may send a written request to
the bureau requesting the bureau to treat information about the
offender as private data, consistent with subdivision 7. The
bureau shall review the request and promptly take reasonable
action to treat the data as private, if the offender has
complied with the requirement that the offender provide deleted text begin the
addresses of deleted text end the offender's primary and secondary deleted text begin residences
deleted text end new text begin addresses new text end , or promptly notify the offender that the information
will continue to be treated as public information and the
reasons for the bureau's decision.

(c) If an offender believes the information made public
about the offender is inaccurate or incomplete, the offender may
challenge the data under section 13.04, subdivision 4.

(d) The bureau deleted text begin of Criminal Apprehension deleted text end is immune from any
civil or criminal liability that might otherwise arise, based on
the accuracy or completeness of any information made public
under this subdivision, if the bureau acts in good faith.

deleted text begin Subd. 8. deleted text end

deleted text begin Law enforcement authority. deleted text end

deleted text begin For purposes of this
section, a law enforcement authority means, with respect to a
home rule charter or statutory city, the chief of police, and
with respect to an unincorporated area, the sheriff of the
county.
deleted text end

Subd. 9.

Offenders from other states.

new text begin (a) new text end When the state
accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by section
243.16 new text begin , the interstate compact authorized by section 243.1605,
new text end or under any authorized interstate agreement, the acceptance is
conditional on the offender agreeing to register under this
section when the offender is living in Minnesota.

new text begin (b) The Bureau of Criminal Apprehension shall notify the
commissioner of corrections:
new text end

new text begin (1) when the bureau receives notice from a local law
enforcement authority that a person from another state who is
subject to this section has registered with the authority,
unless the bureau previously received information about the
offender from the commissioner of corrections;
new text end

new text begin (2) when a registration authority, corrections agent, or
law enforcement agency in another state notifies the bureau that
a person from another state who is subject to this section is
moving to Minnesota; and
new text end

new text begin (3) when the bureau learns that a person from another state
is in Minnesota and allegedly in violation of subdivision 5 for
failure to register.
new text end

new text begin (c) When a local law enforcement agency notifies the bureau
of an out-of-state offender's registration, the agency shall
provide the bureau with information on whether the person is
subject to community notification in another state and the risk
level the person was assigned, if any.
new text end

new text begin (d) The bureau must forward all information it receives
regarding offenders covered under this subdivision from sources
other than the commissioner of corrections to the commissioner.
new text end

new text begin (e) When the bureau receives information directly from a
registration authority, corrections agent, or law enforcement
agency in another state that a person who may be subject to this
section is moving to Minnesota, the bureau must ask whether the
person entering the state is subject to community notification
in another state and the risk level the person has been
assigned, if any.
new text end

new text begin (f) When the bureau learns that a person subject to this
section intends to move into Minnesota from another state or has
moved into Minnesota from another state, the bureau shall notify
the law enforcement authority with jurisdiction in the area of
the person's primary address and provide all information
concerning the person that is available to the bureau.
new text end

new text begin (g) The commissioner of corrections must determine the
parole, supervised release, or conditional release status of
persons who are referred to the commissioner under this
subdivision. If the commissioner determines that a person is
subject to parole, supervised release, or conditional release in
another state and is not registered in Minnesota under the
applicable interstate compact, the commissioner shall inform the
local law enforcement agency that the person is in violation of
section 243.161. If the person is not subject to supervised
release, the commissioner shall notify the bureau and the local
law enforcement agency of the person's status.
new text end

new text begin Subd. 10. new text end

new text begin Venue; aggregation. new text end

new text begin (a) A violation of this
section may be prosecuted in any jurisdiction where an offense
takes place. However, the prosecutorial agency in the
jurisdiction where the person last registered a primary address
is initially responsible to review the case for prosecution.
new text end

new text begin (b) When a person commits two or more offenses in two or
more counties, the accused may be prosecuted for all of the
offenses in any county in which one of the offenses was
committed.
new text end

new text begin Subd. 11. new text end

new text begin Certified copies as evidence. new text end

new text begin Certified copies
of predatory offender registration records are admissible as
substantive evidence when necessary to prove the commission of a
violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The provisions of this section, except
for subdivision 5a, are effective the day following final
enactment, and apply to persons subject to predatory offender
registration on or after that date, except for subdivision 9,
which is effective July 1, 2005, and subdivision 4, paragraph
(e), clause (3), is effective December 1, 2005. Subdivision 5a
is effective August 1, 2005, and applies to crimes committed on
or after that date. Subdivision 6, paragraph (c), is effective
August 1, 2005, and applies to any offense, revocation of
probation, supervised release, or conditional release that
occurs on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 243.167, is
amended to read:

243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
REGISTRATION LAW FOR OTHER OFFENSES.

Subdivision 1.

Definition.

As used in this section,
"crime against the person" means a violation of any of the
following or a similar law of another state or of the United
States: section 609.165; 609.185; 609.19; 609.195; 609.20;
609.205; 609.221; 609.222; 609.223; new text begin 609.2231; new text end 609.224,
subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
subdivision 2; or any felony-level violation of section 609.229;
609.377; 609.749; or 624.713.

Subd. 2.

When required.

(a) In addition to the
requirements of section 243.166, a person also shall register
under section 243.166 if:

(1) the person is convicted of a crime against the person;
and

(2) the person was previously convicted of or adjudicated
delinquent for an offense listed in section 243.166, deleted text begin subdivision
1, paragraph (a), deleted text end but was not required to register for the
offense because the registration requirements of that section
did not apply to the person at the time the offense was
committed or at the time the person was released from
imprisonment.

(b) A person who was previously required to register deleted text begin under
section 243.166 deleted text end new text begin in any state new text end and who has completed the
registration requirements of that deleted text begin section deleted text end new text begin state new text end shall again
register under section 243.166 if the person commits a crime
against the person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:

Subd. 7.

Sex offenders; civil commitment determination.

(a) Before the commissioner releases from prison any inmate
convicted under sections 609.342 to 609.345 or sentenced as a
patterned offender under section 609.108, and determined by the
commissioner to be in a high risk category, the commissioner
shall make a preliminary determination whether, in the
commissioner's opinion, a petition under section 253B.185 may be
appropriate. new text begin The commissioner's opinion must be based on a
recommendation of a Department of Corrections screening
committee and a legal review and recommendation from a
representative of the Office of the Attorney General
knowledgeable in the legal requirements of the civil commitment
process.
new text end

(b) In making this decision, the commissioner shall have
access to the following data only for the purposes of the
assessment and referral decision:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination,
along with a summary of the reasons for the determination, to
the county attorney in the county where the inmate was convicted
no later than 12 months before the inmate's release date. If
the inmate is received for incarceration with fewer than 12
months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months
before release deleted text begin which deleted text end new text begin that new text end makes the inmate's case appropriate
for referral, the commissioner shall forward the determination
as soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2004, section 244.052,
subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the
assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders;
and

(5) a victim's services professional.

Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.

(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.

(d)(i) Except as otherwise provided in item (ii), at least
90 days before a predatory offender is to be released from
confinement, the commissioner of corrections shall convene the
appropriate end-of-confinement review committee for the purpose
of assessing the risk presented by the offender and determining
the risk level to which the offender shall be assigned under
paragraph (e). The offender and the law enforcement agency that
was responsible for the charge resulting in confinement shall be
notified of the time and place of the committee's meeting. The
offender has a right to be present and be heard at the meeting.
The law enforcement agency may provide material in writing that
is relevant to the offender's risk level to the chair of the
committee. The committee shall use the risk factors described
in paragraph (g) and the risk assessment scale developed under
subdivision 2 to determine the offender's risk assessment score
and risk level. Offenders scheduled for release from
confinement shall be assessed by the committee established at
the facility from which the offender is to be released.

(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.

(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.

(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. The committee shall give the report to the
offender and to the law enforcement agency at least 60 days
before an offender is released from confinement. If the risk
assessment is performed under the circumstances described in
paragraph (d), item (ii), the report shall be given to the
offender and the law enforcement agency as soon as it is
available. The committee also shall inform the offender of the
availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:

(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor
includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes
consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender.
This factor includes consideration of the following:

(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;

(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;

(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and

(iv) the offender's lack of education or employment
stability;

(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and

(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a
reassessment under this paragraph.

(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) deleted text begin The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.
deleted text end

deleted text begin (l) deleted text end If the committee assigns a predatory offender to risk
level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons subject to community notification on or
after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Offenders from other states and offenders
released from federal facilities. new text end

new text begin (a) Except as provided in
paragraph (b), the commissioner shall establish an
end-of-confinement review committee to assign a risk level:
new text end

new text begin (1) to offenders who are released from a federal
correctional facility in Minnesota or a federal correctional
facility in another state and who intend to reside in Minnesota;
new text end

new text begin (2) to offenders who are accepted from another state under
the interstate compact authorized by section 243.16 or 243.1605
or any other authorized interstate agreement; and
new text end

new text begin (3) to offenders who are referred to the committee by local
law enforcement agencies under paragraph (f).
new text end

new text begin (b) This subdivision does not require the commissioner to
convene an end-of-confinement review committee for a person
coming into Minnesota who is subject to probation under another
state's law. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a.
new text end

new text begin (c) The committee shall make reasonable efforts to conform
to the same timelines applied to offenders released from a
Minnesota correctional facility and shall collect all relevant
information and records on offenders assessed and assigned a
risk level under this subdivision. However, for offenders who
were assigned the most serious risk level by another state, the
committee must act promptly to collect the information required
under this paragraph.
new text end

new text begin The end-of-confinement review committee must proceed in
accordance with all requirements set forth in this section and
follow all policies and procedures applied to offenders released
from a Minnesota correctional facility in reviewing information
and assessing the risk level of offenders covered by this
subdivision, unless restrictions caused by the nature of federal
or interstate transfers prevent such conformance. All of the
provisions of this section apply to offenders who are assessed
and assigned a risk level under this subdivision.
new text end

new text begin (d) If a local law enforcement agency learns or suspects
that a person who is subject to this section is living in
Minnesota and a risk level has not been assigned to the person
under this section, the law enforcement agency shall provide
this information to the Bureau of Criminal Apprehension and the
commissioner of corrections within three business days.
new text end

new text begin (e) If the commissioner receives reliable information from
a local law enforcement agency or the bureau that a person
subject to this section is living in Minnesota and a local law
enforcement agency so requests, the commissioner must determine
if the person was assigned a risk level under a law comparable
to this section. If the commissioner determines that the law is
comparable and public safety warrants, the commissioner, within
three business days of receiving a request, shall notify the
local law enforcement agency that it may, in consultation with
the department, proceed with notification under subdivision 4
based on the person's out-of-state risk level. However, if the
commissioner concludes that the offender is from a state with a
risk level assessment law that is not comparable to this
section, the extent of the notification may not exceed that of a
risk level II offender under subdivision 4, paragraph (b),
unless the requirements of paragraph (f) have been met. If an
assessment is requested from the end-of-confinement review
committee under paragraph (f), the local law enforcement agency
may continue to disclose information under subdivision 4 until
the committee assigns the person a risk level. After the
committee assigns a risk level to an offender pursuant to a
request made under paragraph (f), the information disclosed by
law enforcement shall be consistent with the risk level assigned
by the end-of-confinement review committee. The commissioner of
corrections, in consultation with legal advisers, shall
determine whether the law of another state is comparable to this
section.
new text end

new text begin (f) If the local law enforcement agency wants to make a
broader disclosure than is authorized under paragraph (e), the
law enforcement agency may request that an end-of-confinement
review committee assign a risk level to the offender. The local
law enforcement agency shall provide to the committee all
information concerning the offender's criminal history, the risk
the offender poses to the community, and other relevant
information. The department shall attempt to obtain other
information relevant to determining which risk level to assign
the offender. The committee shall promptly assign a risk level
to an offender referred to the committee under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons subject to community notification on or
after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 244.052,
subdivision 4, is amended to read:

Subd. 4.

Law enforcement agency; disclosure of
information to public.

(a) The law enforcement agency in the
area where the predatory offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public
any information regarding the offender contained in the report
forwarded to the agency under subdivision 3, paragraph (f), that
is relevant and necessary to protect the public and to
counteract the offender's dangerousness, consistent with the
guidelines in paragraph (b). The extent of the information
disclosed and the community to whom disclosure is made must
relate to the level of danger posed by the offender, to the
offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual
and collective safety.

(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under
this subdivision:

(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any
victims of or witnesses to the offense committed by the
offender. The agency shall disclose the information to victims
of the offense committed by the offender who have requested
disclosure and to adult members of the offender's immediate
household;

(2) if the offender is assigned to risk level II, the
agency also may disclose the information to agencies and groups
that the offender is likely to encounter for the purpose of
securing those institutions and protecting individuals in their
care while they are on or near the premises of the institution.
These agencies and groups include the staff members of public
and private educational institutions, day care establishments,
and establishments and organizations that primarily serve
individuals likely to be victimized by the offender. The agency
also may disclose the information to individuals the agency
believes are likely to be victimized by the offender. The
agency's belief shall be based on the offender's pattern of
offending or victim preference as documented in the information
provided by the department of corrections or human services;

(3) if the offender is assigned to risk level III, the
agency shall disclose the information to the persons and
entities described in clauses (1) and (2) and to other members
of the community whom the offender is likely to encounter,
unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.

Notwithstanding the assignment of a predatory offender to
risk level II or III, a law enforcement agency may not make the
disclosures permitted or required by clause (2) or (3), if: the
offender is placed or resides in a residential facility.
However, if an offender is placed or resides in a residential
facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the
facility and the head of the facility shall notify the
commissioner of corrections or the commissioner of human
services of the offender's likely residence at least 14 days
before the offender's scheduled release date. The commissioner
shall give this information to the law enforcement agency having
jurisdiction over the offender's likely residence. The head of
the residential facility also shall notify the commissioner of
corrections or human services within 48 hours after finalizing
the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification,
the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk
factors in the offender's history and the risk level to which
the offender was assigned. After receiving this information,
the law enforcement agency shall make the disclosures permitted
or required by clause (2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that:

(1) the organizations or community members are in a
location or in close proximity to a location where the offender
lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and

(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably certain.

(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith
effort to make the notification within 14 days of receipt of a
confirmed address from the Department of Corrections indicating
that the offender will be, or has been, released from
confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change
occurs in the release plan, this notification provision does not
require an extension of the release date.

(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the
identity or any identifying characteristics of the victims of or
witnesses to the offender's offenses.

(f) A law enforcement agency shall continue to disclose
information on an offender as required by this subdivision for
as long as the offender is required to register under section
243.166. new text begin This requirement on a law enforcement agency to
continue to disclose information also applies to an offender who
lacks a primary address and is registering under section
243.166, subdivision 3a.
new text end

(g) A law enforcement agency that is disclosing information
on an offender assigned to risk level III to the public under
this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information
to the commissioner within two days of the agency's
determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.

(h) A city council may adopt a policy that addresses when
information disclosed under this subdivision must be presented
in languages in addition to English. The policy may address
when information must be presented orally, in writing, or both
in additional languages by the law enforcement agency disclosing
the information. The policy may provide for different
approaches based on the prevalence of non-English languages in
different neighborhoods.

new text begin (i) An offender who is the subject of a community
notification meeting held pursuant to this section may not
attend the meeting.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to persons subject to
community notification on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 4c. new text end

new text begin Law enforcement agency; disclosure of
information to a health care facility. new text end

new text begin (a) The law enforcement
agency in the area where a health care facility is located shall
disclose the registrant status of any sex offender registered
under section 243.166 to the health care facility if the
registered offender is receiving inpatient care in that facility.
new text end

new text begin (b) "Health care facility" means a hospital or other entity
licensed under sections 144.50 to 144.58, nursing facilities
certified for participation in the federal Medicare or Medicaid
programs and licensed as a nursing home under chapter 144A, a
boarding care home under sections 144.50 to 144.56, or a group
residential housing facility or an intermediate care facility
for the mentally retarded licensed under chapter 245A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 4d. new text end

new text begin Disclosure to law enforcement; special plates.
new text end

new text begin Every person who is required to register as a risk level III
predatory offender under this section, and who owns or jointly
owns a motor vehicle taxed as a passenger automobile, must
obtain special sex offender license plates and affix them to the
vehicle.
new text end

Sec. 14.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 4e. new text end

new text begin Disclosure to law enforcement; drivers'
licenses; identification cards. new text end

new text begin Every person who is required to
register as a risk level III predatory offender under this
section and who applies for a driver's license or an
identification card under chapter 171, must obtain a license or
identification card that is plainly marked "predatory offender."
new text end

Sec. 15.

Minnesota Statutes 2004, section 626.556,
subdivision 3, is amended to read:

Subd. 3.

Persons mandated to report.

(a) A person who
knows or has reason to believe a child is being neglected or
physically or sexually abused, as defined in subdivision 2, or
has been neglected or physically or sexually abused within the
preceding three years, shall immediately report the information
to the local welfare agency, agency responsible for assessing or
investigating the report, police department, or the county
sheriff if the person is:

(1) a professional or professional's delegate who is
engaged in the practice of the healing arts, social services,
hospital administration, psychological or psychiatric treatment,
child care, education, new text begin probation and correctional services, new text end or
law enforcement; or

(2) employed as a member of the clergy and received the
information while engaged in ministerial duties, provided that a
member of the clergy is not required by this subdivision to
report information that is otherwise privileged under section
595.02, subdivision 1, paragraph (c).

The police department or the county sheriff, upon receiving
a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing. The
county sheriff and the head of every local welfare agency,
agency responsible for assessing or investigating reports, and
police department shall each designate a person within their
agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph and paragraph (b)
are carried out. Nothing in this subdivision shall be construed
to require more than one report from any institution, facility,
school, or agency.

(b) Any person may voluntarily report to the local welfare
agency, agency responsible for assessing or investigating the
report, police department, or the county sheriff if the person
knows, has reason to believe, or suspects a child is being or
has been neglected or subjected to physical or sexual abuse.
The police department or the county sheriff, upon receiving a
report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing.

(c) A person mandated to report physical or sexual child
abuse or neglect occurring within a licensed facility shall
report the information to the agency responsible for licensing
the facility under sections 144.50 to 144.58; 241.021; 245A.01
to 245A.16; or chapter 245B; or a nonlicensed personal care
provider organization as defined in sections 256B.04,
subdivision 16; and 256B.0625, subdivision 19. A health or
corrections agency receiving a report may request the local
welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees
perform work within a school facility, upon receiving a
complaint of alleged maltreatment, shall provide information
about the circumstances of the alleged maltreatment to the
commissioner of education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education from a
licensing entity.

(d) Any person mandated to report shall receive a summary
of the disposition of any report made by that reporter,
including whether the case has been opened for child protection
or other services, or if a referral has been made to a community
organization, unless release would be detrimental to the best
interests of the child. Any person who is not mandated to
report shall, upon request to the local welfare agency, receive
a concise summary of the disposition of any report made by that
reporter, unless release would be detrimental to the best
interests of the child.

(e) For purposes of this subdivision, "immediately" means
as soon as possible but in no event longer than 24 hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 16. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change all references to
Minnesota Statutes, section 243.166, subdivision 1, in Minnesota
Statutes to section 243.166. In addition, the revisor shall
make other technical changes necessitated by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 243.166, subdivisions 1
and 8, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

ARTICLE 5

HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY

Section 1.

Minnesota Statutes 2004, section 243.166,
subdivision 7, is amended to read:

Subd. 7.

Use of deleted text begin information deleted text end new text begin data new text end .

Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
deleted text begin information deleted text end new text begin data new text end provided under this section is private data on
individuals under section 13.02, subdivision 12. The
deleted text begin information deleted text end new text begin data new text end may be used only for law enforcement new text begin and
corrections new text end purposes. new text begin State-operated services, as defined in
section 246.014, are also authorized to have access to the data
for the purposes described in section 246.13, subdivision 2,
paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 246.13, is
amended to read:

246.13 deleted text begin RECORD deleted text end new text begin RECORDS new text end OF PATIENTS AND RESIDENTS
deleted text begin IN deleted text end new text begin RECEIVING new text end STATE-OPERATED SERVICES.

new text begin Subdivision 1. new text end

new text begin Powers, duties, and authority of
commissioner. new text end

new text begin (a) new text end The commissioner of human services' office
shall have, accessible only by consent of the commissioner or on
the order of a judge or court of record, a record showing the
residence, sex, age, nativity, occupation, civil condition, and
date of entrance or commitment of every person, in the
state-operated services facilities as defined under section
246.014 under exclusive control of the commissioner; the date of
discharge and whether such discharge was final; the condition of
the person when the person left the state-operated services
facility; new text begin the vulnerable adult abuse prevention associated with
the person; new text end and the date and cause of all deaths. The record
shall state every transfer from one state-operated services
facility to another, naming each state-operated services
facility. This information shall be furnished to the
commissioner of human services by each public agency, along with
other obtainable facts as the commissioner may require. When a
patient or resident in a state-operated services facility is
discharged, transferred, or dies, the head of the state-operated
services facility or designee shall inform the commissioner of
human services of these events within ten days on forms
furnished by the commissioner.

new text begin (b) The commissioner of human services shall cause to be
devised, installed, and operated an adequate system of records
and statistics which shall consist of all basic record forms,
including patient personal records and medical record forms, and
the manner of their use shall be precisely uniform throughout
all state-operated services facilities.
new text end

new text begin Subd. 2. new text end

new text begin Definitions; risk assessment and management. new text end

new text begin (a)
As used in this section:
new text end

new text begin (1) "appropriate and necessary medical and other records"
includes patient medical records and other protected health
information as defined by Code of Federal Regulations, title 45,
section 164.501, relating to a patient in a state-operated
services facility including, but not limited to, the patient's
treatment plan and abuse prevention plan that is pertinent to
the patient's ongoing care, treatment, or placement in a
community-based treatment facility or a health care facility
that is not operated by state-operated services, and includes
information describing the level of risk posed by a patient when
the patient enters such a facility;
new text end

new text begin (2) "community-based treatment" means the community support
services listed in section 253B.02, subdivision 4b;
new text end

new text begin (3) "criminal history data" means those data maintained by
the Departments of Corrections and Public Safety and by the
supervisory authorities listed in section 13.84, subdivision 1,
that relate to an individual's criminal history or propensity
for violence; including data in the Corrections Offender
Management System (COMS) and Statewide Supervision System (S3)
maintained by the Department of Corrections; the Criminal
Justice Information System (CJIS) and the Predatory Offender
Registration (POR) system maintained by the Department of Public
Safety; and the CriMNet system;
new text end

new text begin (4) "designated agency" means the agency defined in section
253B.02, subdivision 5;
new text end

new text begin (5) "law enforcement agency" means the law enforcement
agency having primary jurisdiction over the location where the
offender expects to reside upon release;
new text end

new text begin (6) "predatory offender" and "offender" mean a person who
is required to register as a predatory offender under section
243.166; and
new text end

new text begin (7) "treatment facility" means a facility as defined in
section 253B.02, subdivision 19.
new text end

new text begin (b) To promote public safety and for the purposes and
subject to the requirements of paragraph (c), the commissioner
or the commissioner's designee shall have access to, and may
review and disclose, medical and criminal history data as
provided by this section.
new text end

new text begin (c) The commissioner or the commissioner's designee shall
disseminate data to designated treatment facility staff, special
review board members, and end-of-confinement review committee
members in accordance with Minnesota Rules, part 1205.0400, to:
new text end

new text begin (1) determine whether a patient is required under state law
to register as a predatory offender according to section
243.166;
new text end

new text begin (2) facilitate and expedite the responsibilities of the
special review board and end-of-confinement review committees by
corrections institutions and state treatment facilities;
new text end

new text begin (3) prepare, amend, or revise the abuse prevention plans
required under section 626.557, subdivision 14, and individual
patient treatment plans required under section 253B.03,
subdivision 7;
new text end

new text begin (4) facilitate changes of custody and transfers of
individuals between the Department of Corrections and the
Department of Human Services; and
new text end

new text begin (5) facilitate the exchange of data between the Department
of Corrections, the Department of Human Services, and any of the
supervisory authorities listed in section 13.84, regarding an
individual under the authority of one or more of these entities.
new text end

new text begin (d) If approved by the United States Department of Justice,
the commissioner may have access to national criminal history
information, through the Department of Public Safety, in support
of the law enforcement function described in paragraph (c). If
approval of the United States Department of Justice is not
obtained by the commissioner before July 1, 2007, the
authorization in this paragraph sunsets on that date.
new text end

new text begin Subd. 3. new text end

new text begin Community-based treatment and medical
treatment. new text end

new text begin (a) When a patient under the care and supervision of
state-operated services is released to a community-based
treatment facility or facility that provides health care
services, state-operated services may disclose all appropriate
and necessary health and other information relating to the
patient.
new text end

new text begin (b) The information that must be provided to the designated
agency, community-based treatment facility, or facility that
provides health care services includes, but is not limited to,
the patient's abuse prevention plan required under section
626.557, subdivision 14, paragraph (b).
new text end

new text begin Subd. 4. new text end

new text begin Predatory offender registration
notification. new text end

new text begin (a) When a state-operated facility determines
that a patient is required under section 243.166, subdivision 1,
to register as a predatory offender or, under section 243.166,
subdivision 4a, to provide notice of a change in status, the
facility shall provide written notice to the patient of the
requirement.
new text end

new text begin (b) If the patient refuses, is unable, or lacks capacity to
comply with the requirement described in paragraph (a) within
five days after receiving the notification of the duty to
comply, state-operated services staff shall obtain and disclose
the necessary data to complete the registration form or change
of status notification for the patient. The treatment facility
shall also forward the registration or change of status data
that it completes to the Bureau of Criminal Apprehension and, as
applicable, the patient's corrections agent and the law
enforcement agency in the community in which the patient
currently resides. If, after providing notification, the
patient refuses to comply with the requirements described in
paragraph (a), the treatment facility shall also notify the
county attorney in the county in which the patient is currently
residing of the refusal.
new text end

new text begin (c) The duties of state-operated services described in this
subdivision do not relieve the patient of the ongoing individual
duty to comply with the requirements of section 243.166.
new text end

new text begin Subd. 5. new text end

new text begin Limitations on use of bloodborne pathogen test
results. new text end

new text begin Sections 246.71, 246.711, 246.712, 246.713, 246.714,
246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721,
and 246.722 apply to state-operated services facilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 253B.18,
subdivision 4a, is amended to read:

Subd. 4a.

Release on pass; notification.

A patient who
has been committed as a person who is mentally ill and dangerous
and who is confined at a secure treatment facility new text begin or has been
transferred out of a state-operated services facility according
to section 253B.18, subdivision 6, new text end shall not be released on a
pass unless the pass is part of a pass plan that has been
approved by the medical director of the secure treatment
facility. The pass plan must have a specific therapeutic
purpose consistent with the treatment plan, must be established
for a specific period of time, and must have specific levels of
liberty delineated. The county case manager must be invited to
participate in the development of the pass plan. At least ten
days prior to a determination on the plan, the medical director
shall notify the designated agency, the committing court, the
county attorney of the county of commitment, an interested
person, new text begin the local law enforcement agency where the facility is
located, new text end the local law enforcement agency in the location where
the pass is to occur, the petitioner, and the petitioner's
counsel of the plan, the nature of the passes proposed, and
their right to object to the plan. If any notified person
objects prior to the proposed date of implementation, the person
shall have an opportunity to appear, personally or in writing,
before the medical director, within ten days of the objection,
to present grounds for opposing the plan. The pass plan shall
not be implemented until the objecting person has been furnished
that opportunity. Nothing in this subdivision shall be
construed to give a patient an affirmative right to a pass plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

Minnesota Statutes 2004, section 299C.093, is
amended to read:

299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.

The superintendent of the Bureau of Criminal Apprehension
shall maintain a computerized data system relating to
individuals required to register as predatory offenders under
section 243.166. To the degree feasible, the system must
include the deleted text begin information deleted text end new text begin data new text end required to be provided under
section 243.166, subdivisions 4 and 4a, and indicate the time
period that the person is required to register. The
superintendent shall maintain this deleted text begin information deleted text end new text begin data new text end in a manner
that ensures that it is readily available to law enforcement
agencies. This deleted text begin information deleted text end new text begin data new text end is private data on individuals
under section 13.02, subdivision 12, but may be used for law
enforcement and corrections purposes. new text begin State-operated services,
as defined in section 246.014, are also authorized to have
access to the data for the purposes described in section 246.13,
subdivision 2, paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.2231,
subdivision 3, is amended to read:

Subd. 3.

Correctional employees; probation officers.

Whoever commits either of the following acts against an employee
of a correctional facility as defined in section 241.021,
subdivision 1, paragraph (f), new text begin or an employee or other individual
who provides care or treatment at a treatment facility as
defined in section 252.025, subdivision 7, or 253B.02,
subdivision 18a, new text end or against a probation officer or other
qualified person employed in supervising offenders while the
employee, officer, or person is engaged in the performance of a
duty imposed by law, policy, or rule is guilty of a felony and
may be sentenced to imprisonment for not more than two years or
to payment of a fine of not more than $4,000, or both:

(1) assaults the deleted text begin employee deleted text end new text begin person new text end and inflicts demonstrable
bodily harm; or

(2) intentionally throws or otherwise transfers bodily
fluids or feces at or onto the deleted text begin employee deleted text end new text begin person new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 6.

Minnesota Statutes 2004, section 626.557,
subdivision 14, is amended to read:

Subd. 14.

Abuse prevention plans.

(a) Each facility,
except home health agencies and personal care attendant services
providers, shall establish and enforce an ongoing written abuse
prevention plan. The plan shall contain an assessment of the
physical plant, its environment, and its population identifying
factors which may encourage or permit abuse, and a statement of
specific measures to be taken to minimize the risk of abuse.
The plan shall comply with any rules governing the plan
promulgated by the licensing agency.

(b) Each facility, including a home health care agency and
personal care attendant services providers, shall develop an
individual abuse prevention plan for each vulnerable adult
residing there or receiving services from them. The plan shall
contain an individualized assessment of new text begin both new text end the person's
susceptibility to abuse by other individuals, including other
vulnerable adults, and new text begin the potential risks posed by the person
to the other patients, to facility staff, and to others; and new text end a
statement of the specific measures to be taken to minimize the
risk of abuse to that person new text begin and others new text end . For the purposes of
this clause, the term "abuse" includes self-abuse.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 246.017, subdivision 1, is
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

ARTICLE 6

HUMAN SERVICES BACKGROUND STUDIES

Section 1.

Minnesota Statutes 2004, section 13.461, is
amended by adding a subdivision to read:

new text begin Subd. 29. new text end

new text begin Disqualification from direct contact. new text end

new text begin The
classification of data about individuals disqualified from
providing direct contact services is governed by section
245C.22, subdivision 7.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13.461, is
amended by adding a subdivision to read:

new text begin Subd. 30. new text end

new text begin Set-aside data. new text end

new text begin Disclosure of data relating to
individuals who have obtained a set-aside of the
disqualification is governed by section 245C.22, subdivision 7.
new text end

Sec. 3.

Minnesota Statutes 2004, section 13.461, is
amended by adding a subdivision to read:

new text begin Subd. 31. new text end

new text begin Variance data. new text end

new text begin Disclosure of data relating to
disqualified individuals as to whom a variance has been obtained
by the individual's employer is governed by section 245C.30,
subdivision 2.
new text end

Sec. 4.

Minnesota Statutes 2004, section 245C.03,
subdivision 1, is amended to read:

Subdivision 1.

Licensed programs.

(a) The commissioner
shall conduct a background study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household
where the licensed program will be provided;

(3) current new text begin or prospective new text end employees or contractors of the
applicant who will have direct contact with persons served by
the facility, agency, or program;

(4) volunteers or student volunteers who will have direct
contact with persons served by the program to provide program
services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household
where the licensed services will be provided when the
commissioner has reasonable cause;

(6) an individual who, without providing direct contact
services at a licensed program, may have unsupervised access to
children or vulnerable adults receiving services from a program
licensed to provide:

(i) family child care for children;

(ii) foster care for children in the provider's own home;
or

(iii) foster care or day care services for adults in the
provider's own home; and

(7) all managerial officials as defined under section
245A.02, subdivision 5a.

The commissioner must have reasonable cause to study an
individual under this subdivision.

(b) For family child foster care settings, a short-term
substitute caregiver providing direct contact services for a
child for less than 72 hours of continuous care is not required
to receive a background study under this chapter.

Sec. 5.

Minnesota Statutes 2004, section 245C.13,
subdivision 2, is amended to read:

Subd. 2.

Direct contact pending completion of background
study.

deleted text begin Unless otherwise specified, the subject of a background
study may have direct contact with persons served by a program
after the background study form is mailed or submitted to the
commissioner pending notification of the study results under
section 245C.17. deleted text end new text begin The subject of a background study may not
perform any activity requiring a background study under
paragraph (b) until the commissioner has issued one of the
notices under paragraph (a).
new text end

new text begin (a) Notices from the commissioner required prior to
activity under paragraph (b) include:
new text end

new text begin (1) a notice of the study results under section 245C.17
stating that:
new text end

new text begin (i) the individual is not disqualified; or
new text end

new text begin (ii) more time is needed to complete the study but the
individual is not required to be removed from direct contact or
access to people receiving services prior to completion of the
study as provided under section 245A.17, paragraph (c);
new text end

new text begin (2) a notice that a disqualification has been set aside
under section 245C.23; or
new text end

new text begin (3) a notice that a variance has been granted related to
the individual under section 245C.30.
new text end

new text begin (b) Activities prohibited prior to receipt of notice under
paragraph (a) include:
new text end

new text begin (1) being issued a license;
new text end

new text begin (2) living in the household where the licensed program will
be provided;
new text end

new text begin (3) providing direct contact services to persons served by
a program unless the subject is under continuous direct
supervision; or
new text end

new text begin (4) having access to persons receiving services if the
background study was completed under section 144.057,
subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause
(2), (5), or (6), unless the subject is under continuous direct
supervision.
new text end

Sec. 6.

Minnesota Statutes 2004, section 245C.15,
subdivision 1, is amended to read:

Subdivision 1.

Permanent disqualification.

(a) An
individual is disqualified under section 245C.14 if: (1)
regardless of how much time has passed since the discharge of
the sentence imposed new text begin , if any, new text end for the offense; and (2) unless
otherwise specified, regardless of the level of the deleted text begin conviction
deleted text end new text begin offense new text end , the individual deleted text begin is convicted of deleted text end new text begin has committed new text end any of the
following offenses: sections new text begin 152.021 (controlled substance
crime in the first degree); 152.022 (controlled substance crime
in the second degree); 152.023 (controlled substance crime in
the third degree); 152.024 (controlled substance crime in the
fourth degree); 152.0261 (importing controlled substances across
state lines); 609.165 (certain convicted felons ineligible to
possess firearms); new text end 609.185 (murder in the first degree); 609.19
(murder in the second degree); 609.195 (murder in the third
degree); 609.20 (manslaughter in the first degree); 609.205
(manslaughter in the second degree); new text begin 609.21 (criminal vehicular
homicide and injury); new text end 609.221 deleted text begin or deleted text end new text begin (assault in the first degree);
new text end 609.222 (assault in the deleted text begin first or deleted text end second degree); new text begin 609.223
(assault in the third degree); new text end a felony offense under sections
609.2242 and 609.2243 (domestic assault), spousal abuse, child
abuse or neglect, or a crime against children; 609.228 (great
bodily harm caused by distribution of drugs); new text begin an offense
punishable as a felony under 609.229 (crime committed for the
benefit of a gang); 609.235 (use of drugs to injure or
facilitate a crime); 609.24 (simple robbery); new text end 609.245
(aggravated robbery); 609.25 (kidnapping); new text begin 609.255 (false
imprisonment); new text end 609.2661 (murder of an unborn child in the first
degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third
degree); new text begin 609.2664 (manslaughter of an unborn child in the first
degree); 609.2665 (manslaughter of an unborn child in the second
degree); 609.267 (assault of an unborn child in the first
degree); 609.2671 (assault of an unborn child in the second
degree); 609.268 (injury or death of an unborn child in
commission of a crime); new text end 609.322 (solicitation, inducement, and
promotion of prostitution); a felony offense under 609.324,
subdivision 1 (other prohibited acts); 609.342 (criminal sexual
conduct in the first degree); 609.343 (criminal sexual conduct
in the second degree); 609.344 (criminal sexual conduct in the
third degree); 609.345 (criminal sexual conduct in the fourth
degree); new text begin 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); new text end 609.352
(solicitation of children to engage in sexual conduct); 609.365
(incest); new text begin an offense punishable as new text end a felony deleted text begin offense deleted text end under
609.377 (malicious punishment of a child); new text begin an offense punishable
as new text end a felony deleted text begin offense deleted text end under 609.378 (neglect or endangerment of a
child); new text begin 609.498 (tampering with a witness); new text end 609.561 (arson in
the first degree); new text begin 609.562 (arson in the second degree);
609.582, subdivision 1 (burglary in the first degree); new text end 609.66,
subdivision 1e (drive-by shooting); new text begin 609.687 (adulteration);
new text end 609.749, subdivision 3, 4, or 5 (felony-level harassment;
stalking); 609.855, subdivision 5 (shooting at or in a public
transit vehicle or facility); 617.246 (use of minors in sexual
performance prohibited); deleted text begin or deleted text end 617.247 (possession of pictorial
representations of minors) new text begin ; or an offense punishable as a felony
under 624.713 (certain persons not to have pistols or
semiautomatic military-style assault weapons) new text end .

new text begin (b) new text end An individual also is disqualified under section
245C.14 regardless of how much time has passed since new text begin :
new text end

new text begin (1) new text end the involuntary termination of the individual's
parental rights under section 260C.301 new text begin ;
new text end

new text begin (2) an administrative determination under section 626.556
of sexual abuse of a minor or abuse of a minor resulting in
death or serious injury as defined under section 245C.02,
subdivision 18; or
new text end

new text begin (3) an administrative determination under section 626.557
of sexual abuse of a vulnerable adult or abuse of a vulnerable
adult resulting in death or serious injury as defined under
section 245C.02, subdivision 18 new text end .

deleted text begin (b) deleted text end new text begin (c) new text end An individual's new text begin aiding and abetting, new text end attempt new text begin , new text end or
conspiracy to commit any of the offenses listed in paragraph
(a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.

deleted text begin (c) deleted text end new text begin (d) new text end An individual's offense in any other state or
country, where the elements of the offense are substantially
similar to any of the offenses listed in paragraph (a),
permanently disqualifies the individual under section 245C.14.

Sec. 7.

Minnesota Statutes 2004, section 245C.15,
subdivision 2, is amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is
disqualified under section 245C.14 if: (1) less than 15 years
have passed since the discharge of the sentence imposed new text begin , if any,
new text end for the offense; and (2) the individual has deleted text begin received deleted text end new text begin committed new text end a
deleted text begin felony conviction for a deleted text end new text begin felony-level new text end violation of any of the
following offenses: sections new text begin 152.025 (controlled substance
crime in the fifth degree); new text end 260C.301 (grounds for termination of
parental rights); deleted text begin 609.165 (felon ineligible to possess firearm);
609.21 (criminal vehicular homicide and injury); deleted text end 609.215
(suicide); deleted text begin 609.223 or deleted text end 609.2231 (assault in the deleted text begin third or deleted text end fourth
degree); repeat offenses under 609.224 (assault in the fifth
degree); 609.2325 (criminal abuse of a vulnerable adult);
609.2335 (financial exploitation of a vulnerable adult); deleted text begin 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple
robbery); 609.255 (false imprisonment); 609.2664 (manslaughter
of an unborn child in the first degree); 609.2665 (manslaughter
of an unborn child in the second degree); 609.267 (assault of an
unborn child in the first degree); 609.2671 (assault of an
unborn child in the second degree); 609.268 (injury or death of
an unborn child in the commission of a crime); deleted text end 609.27
(coercion); 609.275 (attempt to coerce); deleted text begin repeat offenses under
609.3451 (criminal sexual conduct in the fifth degree); 609.498,
subdivision 1 or 1b (aggravated first degree or first degree
tampering with a witness); deleted text end 609.52 (theft); 609.521 (possession
of shoplifting gear); deleted text begin 609.562 (arson in the second degree);
deleted text end 609.563 (arson in the third degree); 609.582 new text begin , subdivision 2, 3,
or 4 new text end (burglary new text begin in the second, third, or fourth degree new text end ); 609.625
(aggravated forgery); 609.63 (forgery); 609.631 (check forgery;
offering a forged check); 609.635 (obtaining signature by false
pretense); 609.66 (dangerous weapons); 609.67 (machine guns and
short-barreled shotguns); deleted text begin 609.687 (adulteration); deleted text end 609.71 (riot);
609.713 (terroristic threats); repeat offenses under 617.23
(indecent exposure; penalties); repeat offenses under 617.241
(obscene materials and performances; distribution and exhibition
prohibited; penalty); deleted text begin chapter 152 (drugs; controlled substance);
deleted text end or a felony new text begin - new text end level conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if
less than 15 years has passed since the individual's new text begin aiding and
abetting, new text end attempt new text begin , new text end or conspiracy to commit any of the offenses
listed in paragraph (a), as each of these offenses is defined in
Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if
less than 15 years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of the offenses listed in paragraph (a).

(d) If the individual studied is convicted of one of the
felonies listed in paragraph (a), but the sentence is a gross
misdemeanor or misdemeanor disposition, the individual is
disqualified but the disqualification lookback period for the
conviction is the period applicable to the gross misdemeanor or
misdemeanor disposition.

Sec. 8.

Minnesota Statutes 2004, section 245C.15,
subdivision 3, is amended to read:

Subd. 3.

Ten-year disqualification.

(a) An individual is
disqualified under section 245C.14 if: (1) less than ten years
have passed since the discharge of the sentence imposed new text begin , if any,
new text end for the offense; and (2) the individual has deleted text begin received deleted text end new text begin committed new text end a
gross deleted text begin misdemeanor conviction for a deleted text end new text begin misdemeanor-level new text end violation
of any of the following offenses: sections 609.224 (assault in
the fifth degree); 609.224, subdivision 2, paragraph (c)
(assault in the fifth degree by a caregiver against a vulnerable
adult); 609.2242 and 609.2243 (domestic assault); 609.23
(mistreatment of persons confined); 609.231 (mistreatment of
residents or patients); 609.2325 (criminal abuse of a vulnerable
adult); 609.233 (criminal neglect of a vulnerable adult);
609.2335 (financial exploitation of a vulnerable adult); 609.234
(failure to report maltreatment of a vulnerable adult); 609.265
(abduction); 609.275 (attempt to coerce); 609.324, subdivision
1a (other prohibited acts; minor engaged in prostitution);
609.33 (disorderly house); deleted text begin 609.3451 (criminal sexual conduct in
the fifth degree); deleted text end new text begin misdemeanor or gross misdemeanor offenses
under new text end 609.377 (malicious punishment of a child); new text begin misdemeanor or
gross misdemeanor offenses under new text end 609.378 (neglect or
endangerment of a child); 609.52 (theft); 609.582 (burglary);
609.631 (check forgery; offering a forged check); 609.66
(dangerous weapons); 609.71 (riot); 609.72, subdivision 3
(disorderly conduct against a vulnerable adult); repeat offenses
under 609.746 (interference with privacy); 609.749, subdivision
2 (harassment; stalking); repeat offenses under 617.23 (indecent
exposure); 617.241 (obscene materials and performances); 617.243
(indecent literature, distribution); 617.293 (harmful materials;
dissemination and display to minors prohibited); or violation of
an order for protection under section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if
less than ten years has passed since the individual's new text begin aiding and
abetting, new text end attempt new text begin , new text end or conspiracy to commit any of the offenses
listed in paragraph (a), as each of these offenses is defined in
Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if
less than ten years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of any of the offenses listed in paragraph (a).

(d) If the defendant is convicted of one of the gross
misdemeanors listed in paragraph (a), but the sentence is a
misdemeanor disposition, the individual is disqualified but the
disqualification lookback period for the conviction is the
period applicable to misdemeanors.

Sec. 9.

Minnesota Statutes 2004, section 245C.15,
subdivision 4, is amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual
is disqualified under section 245C.14 if: (1) less than seven
years has passed since the discharge of the sentence imposed new text begin , if
any, new text end for the offense; and (2) the individual has deleted text begin received
deleted text end new text begin committed new text end a deleted text begin misdemeanor conviction for a deleted text end new text begin misdemeanor-level
new text end violation of any of the following offenses: sections 609.224
(assault in the fifth degree); 609.2242 (domestic assault);
609.2335 (financial exploitation of a vulnerable adult); 609.234
(failure to report maltreatment of a vulnerable adult); 609.2672
(assault of an unborn child in the third degree); 609.27
(coercion); violation of an order for protection under 609.3232
(protective order authorized; procedures; penalties); 609.52
(theft); 609.66 (dangerous weapons); 609.665 (spring guns);
609.746 (interference with privacy); 609.79 (obscene or
harassing deleted text begin phone deleted text end new text begin telephone new text end calls); 609.795 (letter, telegram, or
package; opening; harassment); 617.23 (indecent exposure;
penalties); 617.293 (harmful materials; dissemination and
display to minors prohibited); or violation of an order for
protection under section 518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if
less than seven years has passed since a determination or
disposition of the individual's:

(1) failure to make required reports under section 626.556,
subdivision 3, or 626.557, subdivision 3, for incidents in
which: (i) the final disposition under section 626.556 or
626.557 was substantiated maltreatment, and (ii) the
maltreatment was recurring or serious; or

(2) new text begin except for disqualifications under subdivision 1,
new text end substantiated serious or recurring maltreatment of a minor under
section 626.556, a vulnerable adult under section 626.557, or
serious or recurring maltreatment in any other state, the
elements of which are substantially similar to the elements of
maltreatment under section 626.556 or 626.557 for which: (i)
there is a preponderance of evidence that the maltreatment
occurred, and (ii) the subject was responsible for the
maltreatment.

(c) An individual is disqualified under section 245C.14 if
less than seven years has passed since the individual's attempt
or conspiracy to commit any of the offenses listed in paragraphs
(a) and (b), as each of these offenses is defined in Minnesota
Statutes.

(d) An individual is disqualified under section 245C.14 if
less than seven years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of any of the offenses listed in paragraphs (a) and (b).

Sec. 10.

Minnesota Statutes 2004, section 245C.17,
subdivision 1, is amended to read:

Subdivision 1.

Time frame for notice of study results.

(a) Within 15 working days after the commissioner's receipt of
the background study form, the commissioner shall notify the
individual who is the subject of the study in writing or by
electronic transmission of the results of the study or that more
time is needed to complete the study.

(b) Within 15 working days after the commissioner's receipt
of the background study form, the commissioner shall notify the
applicant, license holder, or other entity as provided in this
chapter in writing or by electronic transmission of the results
of the study or that more time is needed to complete the study.

new text begin (c) When the commissioner has completed a prior background
study on an individual that resulted in an order for immediate
removal and more time is necessary to complete a subsequent
study, the notice that more time is needed that is issued under
paragraphs (a) and (b) shall include an order for immediate
removal of the individual from any position allowing direct
contact with or access to people receiving services pending
completion of the background study.
new text end

Sec. 11.

Minnesota Statutes 2004, section 245C.17,
subdivision 2, is amended to read:

Subd. 2.

Disqualification notice sent to subject.

(a) If
the information in the study indicates the individual is
disqualified from direct contact with, or from access to,
persons served by the program, the commissioner shall disclose
to the individual studied:

(1) the information causing disqualification;

(2) instructions on how to request a reconsideration of the
disqualification; deleted text begin and
deleted text end

(3) new text begin an explanation of any restrictions on the
commissioner's discretion to set aside the disqualification
under section 245C.24, subdivision 2, when applicable to the
individual;
new text end

new text begin (4) a statement indicating that if the individual's
disqualification is set aside or the facility is granted a
variance under section 245C.30, the individual's identity and
the reason for the individual's disqualification will become
public data; and
new text end

new text begin (5) new text end the commissioner's determination of the individual's
new text begin immediate new text end risk of harm under section 245C.16.

(b) If the commissioner determines under section 245C.16
that an individual poses an imminent risk of harm to persons
served by the program where the individual will have direct
contact, the commissioner's notice must include an explanation
of the basis of this determination.

(c) If the commissioner determines under section 245C.16
that an individual studied does not pose a risk of harm that
requires deleted text begin continuous, direct supervision, the commissioner shall
only notify the individual of the disqualification deleted text end new text begin immediate
removal, the individual shall be informed of the conditions
under which the agency that initiated the background study may
allow the individual to provide direct contact services as
provided under subdivision 3 new text end .

Sec. 12.

Minnesota Statutes 2004, section 245C.17,
subdivision 3, is amended to read:

Subd. 3.

Disqualification notice sent to applicant,
license holder, or other entity.

(a) The commissioner shall
notify an applicant, license holder, or other entity as provided
in this chapter who is not the subject of the study:

(1) that the commissioner has found information that
disqualifies the individual studied from direct contact with, or
from access to, persons served by the program; and

(2) the commissioner's determination of the individual's
risk of harm under section 245C.16.

(b) If the commissioner determines under section 245C.16
that an individual studied poses an imminent risk of harm to
persons served by the program where the individual studied will
have direct contact, the commissioner shall order the license
holder to immediately remove the individual studied from direct
contact.

(c) If the commissioner determines under section 245C.16
that an individual studied poses a risk of harm that requires
continuous, direct supervision, the commissioner shall order the
applicant, license holder, or other entities as provided in this
chapter to:

(1) immediately remove the individual studied from direct
contact services; or

(2) new text begin before allowing the disqualified individual to provide
direct contact services, the applicant, license holder, or other
entity, as provided in this chapter, must:
new text end

new text begin (i) obtain from the disqualified individual a copy of the
individual's notice of disqualification from the commissioner
that explains the reason for disqualification;
new text end

new text begin (ii) new text end deleted text begin assure deleted text end new text begin ensure new text end that the individual studied is under
continuous, direct supervision when providing direct contact
services during the period in which the individual may request a
reconsideration of the disqualification under section 245C.21 new text begin ;
and
new text end

new text begin (iii) ensure that the disqualified individual requests
reconsideration within 30 days of receipt of the notice of
disqualification new text end .

(d) If the commissioner determines under section 245C.16
that an individual studied does not pose a risk of harm that
requires continuous, direct supervision, the commissioner shall
deleted text begin send the license holder a notice that more time is needed to
complete the individual's background study deleted text end new text begin order the applicant,
license holder, or other entities as provided in this chapter to:
new text end

new text begin (1) immediately remove the individual studied from direct
contact services; or
new text end

new text begin (2) before allowing the disqualified individual to provide
direct contact services, the applicant, license holder, or other
entity as provided in this chapter must:
new text end

new text begin (i) obtain from the disqualified individual a copy of the
individual's notice of disqualification from the commissioner
that explains the reason for disqualification; and
new text end

new text begin (ii) ensure that the disqualified individual requests
reconsideration within 15 days of receipt of the notice of
disqualification new text end .

(e) The commissioner shall not notify the applicant,
license holder, or other entity as provided in this chapter of
the information contained in the subject's background study
unless:

(1) the basis for the disqualification is failure to
cooperate with the background study or substantiated
maltreatment under section 626.556 or 626.557;

(2) the Data Practices Act under chapter 13 provides for
release of the information; or

(3) the individual studied authorizes the release of the
information.

Sec. 13.

Minnesota Statutes 2004, section 245C.21,
subdivision 3, is amended to read:

Subd. 3.

Information disqualified individuals must
provide when requesting reconsideration.

deleted text begin The deleted text end new text begin (a) When a
new text end disqualified individual deleted text begin requesting reconsideration deleted text end new text begin requests that
the commissioner rescind the disqualification, the individual
new text end must submit information showing that:

(1) the information the commissioner relied upon in
determining the underlying conduct that gave rise to the
disqualification is incorrect;

(2) for new text begin disqualifications under section 245C.15,
subdivision 1, based on maltreatment, the information the
commissioner relied upon in determining that maltreatment
resulted in death or serious injury as defined under section
245C.02, subdivision 18, is incorrect; or
new text end

new text begin (3) for disqualifications under section 245C.15,
subdivision 4, based on new text end maltreatment, the information the
commissioner relied upon in determining that maltreatment was
serious or recurring is incorrect deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin (b) When a disqualified individual requests that the
commissioner set aside a disqualification, the individual must
submit information showing that:
new text end

new text begin (1) new text end the subject of the study does not pose a risk of harm
to any person served by the applicant, license holder, or other
entities as provided in this chapter, by addressing the
information required under section 245C.22, subdivision 4 new text begin ; and
new text end

new text begin (2) the disqualified individual has received a notice
stating that if the disqualification is set aside, the
individual's identity and the individual's disqualifying
characteristics will become public data new text end .

Sec. 14.

Minnesota Statutes 2004, section 245C.21,
subdivision 4, is amended to read:

Subd. 4.

Notice of request for reconsideration.

Upon
request, the commissioner may inform the applicant, license
holder, or other entities as provided in this chapter who
received a notice of the individual's disqualification under
section 245C.17 deleted text begin , subdivision 3, or has the consent of the
disqualified individual, deleted text end whether the disqualified individual has
requested reconsideration.

Sec. 15.

Minnesota Statutes 2004, section 245C.22, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Classification of certain data as public or
private. new text end

new text begin (a) Notwithstanding section 13.46, upon setting aside
a disqualification under this section, the identity of the
disqualified individual who received the set aside and the
individual's disqualifying characteristics are public data.
new text end

new text begin (b) Notwithstanding section 13.46, upon granting a variance
to a license holder under section 245C.30, the identity of the
disqualified individual who is the subject of the variance, the
individual's disqualifying characteristics, and the terms of the
variance are public data.
new text end

new text begin (c) The identity of a disqualified individual and the
reason for disqualification remain private data when a
disqualification is:
new text end

new text begin (1) not set aside and no variance is granted; and
new text end

new text begin (2) rescinded because the information relied upon to
disqualify the individual is incorrect.
new text end

new text begin (d) Licensed family day care providers and child care
centers must notify parents considering enrollment of a child or
parents of a child attending the family day care or child care
center if the program employs or has living in the home any
person who is the subject of either a set-aside or variance.
new text end

Sec. 16.

Minnesota Statutes 2004, section 245C.23,
subdivision 1, is amended to read:

Subdivision 1.

Commissioner's notice of disqualification
that is new text begin rescinded or new text end set aside.

deleted text begin (a) Except as provided under
paragraph (c), deleted text end If the commissioner new text begin rescinds or new text end sets aside a
disqualification, the commissioner shall notify the applicant or
license holder in writing or by electronic transmission of the
decision. new text begin In the notice from the commissioner that a
disqualification has been rescinded, the commissioner must
inform the license holder that the information relied upon to
disqualify the individual was incorrect. new text end In the notice from the
commissioner that a disqualification has been set aside, the
commissioner must inform the license holder deleted text begin that information
about the nature deleted text end of the new text begin reason for the individual's
new text end disqualification and which factors under section 245C.22,
subdivision 4, were the basis of the decision to set aside the
disqualification deleted text begin are available to the license holder upon
request without the consent of the background study subject deleted text end .

deleted text begin (b) With the written consent of the background study
subject, the commissioner may release to the license holder
copies of all information related to the background study
subject's disqualification and the commissioner's decision to
set aside the disqualification as specified in the written
consent.
deleted text end

deleted text begin (c) If the individual studied submits a timely request for
reconsideration under section 245C.21 and the license holder was
previously sent a notice under section 245C.17, subdivision 3,
paragraph (d), and if the commissioner sets aside the
disqualification for that license holder under section 245C.22,
the commissioner shall send the license holder the same
notification received by license holders in cases where the
individual studied has no disqualifying characteristic.
deleted text end

Sec. 17.

Minnesota Statutes 2004, section 245C.24,
subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside deleted text begin of deleted text end new text begin a
new text end disqualification.

new text begin (a) Except as provided in paragraph (b), new text end the
commissioner may not set aside the disqualification of an
individual in connection with a license deleted text begin to provide family child
care for children, foster care for children in the provider's
home, or foster care or day care services for adults in the
provider's home, deleted text end new text begin issued or in application status under chapter
245A, new text end regardless of how much time has passed, if the provider
was disqualified for a crime or conduct listed in section
245C.15, subdivision 1.

new text begin (b) Unless the disqualification under section 245C.15,
subdivision 1, relates to criminal sexual conduct or a license
to provide family child care, child foster care, adult day
services, or adult foster care in the license holder's
residence, the commissioner is not prohibited from setting aside
a disqualification according to section 245C.22, for an
individual who, in addition to criteria under section 245A.22,
demonstrates to the commissioner that:
new text end

new text begin (1) the person was disqualified because of conduct
prohibited by section 152.021, 152.022, 152.023, or 152.024;
new text end

new text begin (2) the individual has successfully completed chemical
dependency treatment from a program licensed by the Department
of Human Services or operated by the Department of Corrections;
new text end

new text begin (3) at least five years have passed since completion of the
treatment program; and
new text end

new text begin (4) the individual has not engaged in any criminal or
maltreatment behavior since completing treatment.
new text end

Sec. 18.

Minnesota Statutes 2004, section 245C.24,
subdivision 3, is amended to read:

Subd. 3.

Ten-year bar to set aside disqualification.

(a)
new text begin Except as provided in paragraph (d), new text end the commissioner may not
set aside the disqualification of an individual in connection
with a license deleted text begin to provide family child care for children, foster
care for children in the provider's home, or foster care or day
care services for adults in the provider's home deleted text end new text begin under chapter
245A new text end if: (1) less than ten years has passed since the discharge
of the sentence imposed new text begin , if any, new text end for the offense; and (2) the
individual has been deleted text begin convicted of deleted text end new text begin disqualified for new text end a violation of
any of the following offenses: sections deleted text begin 609.165 (felon
ineligible to possess firearm); criminal vehicular homicide
under 609.21 (criminal vehicular homicide and injury); deleted text end 609.215
(aiding suicide or aiding attempted suicide); felony violations
under deleted text begin 609.223 or deleted text end 609.2231 (assault in the deleted text begin third or deleted text end fourth
degree); 609.713 (terroristic threats); deleted text begin 609.235 (use of drugs to
injure or to facilitate crime); 609.24 (simple robbery); 609.255
(false imprisonment); 609.562 (arson in the second degree);
deleted text end 609.71 (riot); deleted text begin 609.498, subdivision 1 or 1b (aggravated first
degree or first degree tampering with a witness); burglary in
the first or second degree under deleted text end 609.582 new text begin , subdivision
2 new text end (burglary new text begin in the second degree new text end ); 609.66 new text begin , subdivision 1, 1a,
1b, 1c, 1d, 1f, 1g, or 1h new text end (dangerous weapon); 609.665 (spring
guns); 609.67 (machine guns and short-barreled shotguns);
609.749, subdivision 2 (gross misdemeanor harassment; stalking);
deleted text begin 152.021 or 152.022 (controlled substance crime in the first or
second degree); 152.023, subdivision 1, clause (3) or (4) or
subdivision 2, clause (4) (controlled substance crime in the
third degree); 152.024, subdivision 1, clause (2), (3), or (4)
(controlled substance crime in the fourth degree); deleted text end 609.224,
subdivision 2, paragraph (c) (fifth degree assault by a
caregiver against a vulnerable adult); 609.23 (mistreatment of
persons confined); 609.231 (mistreatment of residents or
patients); 609.2325 (criminal abuse of a vulnerable adult);
609.233 (criminal neglect of a vulnerable adult); 609.2335
(financial exploitation of a vulnerable adult); 609.234 (failure
to report); 609.265 (abduction); deleted text begin 609.2664 to 609.2665
(manslaughter of an unborn child in the first or second degree);
609.267 to deleted text end 609.2672 (assault of an unborn child in the deleted text begin first,
second, or deleted text end third degree); deleted text begin 609.268 (injury or death of an unborn
child in the commission of a crime); deleted text end 617.293 (disseminating or
displaying harmful material to minors); a felony new text begin - new text end level
conviction involving alcohol or drug use, a gross misdemeanor
offense under 609.324, subdivision 1 (other prohibited acts); a
gross misdemeanor offense under 609.378 (neglect or endangerment
of a child); a gross misdemeanor offense under 609.377
(malicious punishment of a child); or 609.72, subdivision 3
(disorderly conduct against a vulnerable adult).

(b) The commissioner may not set aside the disqualification
of an individual if less than ten years have passed since the
individual's new text begin aiding and abetting, new text end attempt new text begin , new text end or conspiracy to
commit any of the offenses listed in paragraph (a) as each of
these offenses is defined in Minnesota Statutes.

(c) The commissioner may not set aside the disqualification
of an individual if less than ten years have passed since the
discharge of the sentence imposed for an offense in any other
state or country, the elements of which are substantially
similar to the elements of any of the offenses listed in
paragraph (a).

new text begin (d) Unless the disqualification under paragraph (a) relates
to a license to provide family child care, child foster care,
adult day services, or adult foster care in the license holder's
residence, the commissioner is not prohibited from setting aside
a disqualification for disqualification listed in paragraph (a)
according to section 245C.22, for an individual who, in addition
to criteria under section 245A.22, demonstrates to the
commissioner that:
new text end

new text begin (1) the person was disqualified because of conduct
prohibited by section 152.021, 152.022, 152.023, or 152.024;
new text end

new text begin (2) the individual has successfully completed chemical
dependency treatment from a program licensed by the Department
of Human Services or operated by the Department of Corrections;
new text end

new text begin (3) at least five years have passed since completion of the
treatment program; and
new text end

new text begin (4) the individual has not engaged in any criminal or
maltreatment behavior since completing treatment.
new text end

Sec. 19.

Minnesota Statutes 2004, section 245C.24,
subdivision 4, is amended to read:

Subd. 4.

Seven-year bar to set aside disqualification.

new text begin (a) Except as provided in paragraph (b), new text end the commissioner may
not set aside the disqualification of an individual in
connection with a license deleted text begin to provide family child care for
children, foster care for children in the provider's home, or
foster care or day care services for adults in the provider's
home deleted text end new text begin under chapter 245A new text end if within seven years preceding the
study:

(1) the individual deleted text begin committed an act that constitutes deleted text end new text begin was
determined to be responsible for new text end maltreatment deleted text begin of a child deleted text end under
section 626.556, deleted text begin subdivision 10e, deleted text end new text begin and:
new text end

new text begin (i) the maltreatment is a disqualification under section
245C.15, subdivision 4; new text end and

new text begin (ii) new text end the maltreatment resulted in substantial bodily harm
as defined in section 609.02, subdivision 7a, or substantial
mental or emotional harm as supported by competent psychological
or psychiatric evidence; or

(2) the individual was determined new text begin to be responsible for
maltreatment new text end under section 626.557 deleted text begin to be the perpetrator of a
substantiated incident of maltreatment of a vulnerable adult
that deleted text end new text begin , and:
new text end

new text begin (i) the maltreatment is a disqualification under section
245C.15, subdivision 4; and
new text end

new text begin (ii) the maltreatment new text end resulted in substantial bodily harm
as defined in section 609.02, subdivision 7a, or substantial
mental or emotional harm as supported by competent psychological
or psychiatric evidence.

new text begin (b) Unless the disqualification under paragraph (a) relates
to a license to provide family child care, child foster care,
adult day services, or adult foster care in the license holder's
residence, the commissioner is not prohibited from setting aside
a disqualification for disqualification listed in paragraph (a)
according to section 245C.22, for an individual who, in addition
to criteria under section 245A.22, demonstrates to the
commissioner that:
new text end

new text begin (1) the person was disqualified because of conduct
prohibited by section 152.021, 152.022, 152.023, or 152.024;
new text end

new text begin (2) the individual has successfully completed chemical
dependency treatment from a program licensed by the Department
of Human Services or operated by the Department of Corrections;
new text end

new text begin (3) at least five years have passed since completion of the
treatment program; and
new text end

new text begin (4) the individual has not engaged in any criminal or
maltreatment behavior since completing treatment.
new text end

Sec. 20.

Minnesota Statutes 2004, section 245C.24, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Notification of disqualifications. new text end

new text begin The
commissioner shall expand notification of disqualifications to
entities and inform the public about disqualifications as
provided under this chapter and section 13.46.
new text end

Sec. 21.

Minnesota Statutes 2004, section 245C.30,
subdivision 1, is amended to read:

Subdivision 1.

License holder variance.

(a) new text begin Except for
any disqualification under section 245C.15, subdivision 1, new text end when
the commissioner has not set aside a background study subject's
disqualification, and there are conditions under which the
disqualified individual may provide direct contact services or
have access to people receiving services that minimize the risk
of harm to people receiving services, the commissioner may grant
a time-limited variance to a license holder.

(b) The variance shall state the reason for the
disqualification, the services that may be provided by the
disqualified individual, and the conditions with which the
license holder or applicant must comply for the variance to
remain in effect.

new text begin (c) Except for programs licensed to provide family child
care for children, foster care for children in the provider's
own home, or foster care or day care services for adults in the
provider's own home, the variance must be requested by the
license holder.
new text end

Sec. 22.

Minnesota Statutes 2004, section 245C.30,
subdivision 2, is amended to read:

Subd. 2.

Disclosure of reason for disqualification.

deleted text begin (a)
deleted text end The commissioner may not grant a variance for a disqualified
individual unless the deleted text begin applicant or license holder requests the
variance and the deleted text end disqualified individual provides written
consent for the commissioner to disclose to the applicant or
license holder the reason for the disqualification new text begin ; and the
commissioner has documentation showing that the disqualified
individual has been informed that if the variance is granted,
the individual's identity, reason for disqualification, and
terms of the variance will become public data new text end .

deleted text begin (b) This subdivision does not apply to programs licensed to
provide family child care for children, foster care for children
in the provider's own home, or foster care or day care services
for adults in the provider's own home.
deleted text end

Sec. 23.

Minnesota Statutes 2004, section 626.557,
subdivision 12b, is amended to read:

Subd. 12b.

Data management.

(a) [COUNTY DATA.] In
performing any of the duties of this section as a lead agency,
the county social service agency shall maintain appropriate
records. Data collected by the county social service agency
under this section are welfare data under section 13.46.
Notwithstanding section 13.46, subdivision 1, paragraph (a),
data under this paragraph that are inactive investigative data
on an individual who is a vendor of services are private data on
individuals, as defined in section 13.02. The identity of the
reporter may only be disclosed as provided in paragraph (c).

Data maintained by the common entry point are confidential
data on individuals or protected nonpublic data as defined in
section 13.02. Notwithstanding section 138.163, the common
entry point shall destroy data three calendar years after date
of receipt.

(b) [LEAD AGENCY DATA.] The commissioners of health and
human services shall prepare an investigation memorandum for
each report alleging maltreatment investigated under this
section. During an investigation by the commissioner of health
or the commissioner of human services, data collected under this
section are confidential data on individuals or protected
nonpublic data as defined in section 13.02. Upon completion of
the investigation, the data are classified as provided in
clauses (1) to (3) and paragraph (c).

(1) The investigation memorandum must contain the following
data, which are public:

(i) the name of the facility investigated;

(ii) a statement of the nature of the alleged maltreatment;

(iii) pertinent information obtained from medical or other
records reviewed;

(iv) the identity of the investigator;

(v) a summary of the investigation's findings;

(vi) statement of whether the report was found to be
substantiated, inconclusive, false, or that no determination
will be made;

(vii) a statement of any action taken by the facility;

(viii) a statement of any action taken by the lead agency;
and

(ix) when a lead agency's determination has substantiated
maltreatment, a statement of whether an individual, individuals,
or a facility were responsible for the substantiated
maltreatment, if known.

The investigation memorandum must be written in a manner
which protects the identity of the reporter and of the
vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data listed in clause
(2).

(2) Data on individuals collected and maintained in the
investigation memorandum are private data, including:

(i) the name of the vulnerable adult;

(ii) the identity of the individual alleged to be the
perpetrator;

(iii) the identity of the individual substantiated as the
perpetrator; and

(iv) the identity of all individuals interviewed as part of
the investigation.

(3) Other data on individuals maintained as part of an
investigation under this section are private data on individuals
upon completion of the investigation.

(c) [IDENTITY OF REPORTER.] The subject of the report may
compel disclosure of the name of the reporter only with the
consent of the reporter or upon a written finding by a court
that the report was false and there is evidence that the report
was made in bad faith. This subdivision does not alter
disclosure responsibilities or obligations under the Rules of
Criminal Procedure, except that where the identity of the
reporter is relevant to a criminal prosecution, the district
court shall do an in-camera review prior to determining whether
to order disclosure of the identity of the reporter.

(d) [DESTRUCTION OF DATA.] Notwithstanding section
138.163, data maintained under this section by the commissioners
of health and human services must be destroyed under the
following schedule:

(1) data from reports determined to be false, two years
after the finding was made;

(2) data from reports determined to be inconclusive, four
years after the finding was made;

(3) data from reports determined to be substantiated, deleted text begin seven
deleted text end new text begin at least ten new text end years after the finding was made; and

(4) data from reports which were not investigated by a lead
agency and for which there is no final disposition, two years
from the date of the report.

(e) [SUMMARY OF REPORTS.] The commissioners of health and
human services shall each annually report to the legislature and
the governor on the number and type of reports of alleged
maltreatment involving licensed facilities reported under this
section, the number of those requiring investigation under this
section, and the resolution of those investigations. The report
shall identify:

(1) whether and where backlogs of cases result in a failure
to conform with statutory time frames;

(2) where adequate coverage requires additional
appropriations and staffing; and

(3) any other trends that affect the safety of vulnerable
adults.

(f) [RECORD RETENTION POLICY.] Each lead agency must have
a record retention policy.

(g) [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting
authorities, and law enforcement agencies may exchange not
public data, as defined in section 13.02, if the agency or
authority requesting the data determines that the data are
pertinent and necessary to the requesting agency in initiating,
furthering, or completing an investigation under this section.
Data collected under this section must be made available to
prosecuting authorities and law enforcement officials, local
county agencies, and licensing agencies investigating the
alleged maltreatment under this section. The lead agency shall
exchange not public data with the vulnerable adult maltreatment
review panel established in section 256.021 if the data are
pertinent and necessary for a review requested under that
section. Upon completion of the review, not public data
received by the review panel must be returned to the lead agency.

(h) [COMPLETION TIME.] Each lead agency shall keep records
of the length of time it takes to complete its investigations.

(i) [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead
agency may notify other affected parties and their authorized
representative if the agency has reason to believe maltreatment
has occurred and determines the information will safeguard the
well-being of the affected parties or dispel widespread rumor or
unrest in the affected facility.

(j) [FEDERAL REQUIREMENTS.] Under any notification
provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a
lead agency may not provide any notice unless the vulnerable
adult has consented to disclosure in a manner which conforms to
federal requirements.

ARTICLE 7

SEX OFFENDER
MISCELLANEOUS, TECHNICAL, AND CONFORMING PROVISIONS

Section 1.

Minnesota Statutes 2004, section 13.871,
subdivision 5, is amended to read:

Subd. 5.

Crime victims.

(a) [CRIME VICTIM NOTICE OF
RELEASE.] Data on crime victims who request notice of an
offender's release are classified under section 611A.06.

(b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex
offenders under section 611A.19, subdivision 2, are classified
under that section.

(c) [BATTERED WOMEN.] Data on battered women maintained by
grantees for emergency shelter and support services for battered
women are governed by section 611A.32, subdivision 5.

(d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and
victims of domestic abuse maintained by grantees and recipients
of per diem payments for emergency shelter for battered women
and support services for battered women and victims of domestic
abuse are governed by sections 611A.32, subdivision 5, and
611A.371, subdivision 3.

(e) [PERSONAL HISTORY; INTERNAL AUDITING.] Certain personal
history and internal auditing data is classified by section
611A.46.

(f) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and
supporting documents filed by crime victims seeking reparations
are classified under section 611A.57, subdivision 6.

(g) [CRIME VICTIM OVERSIGHT ACT.] Data maintained by the
commissioner of public safety under the Crime Victim Oversight
Act are classified under section 611A.74, subdivision 2.

new text begin (h) new text end [VICTIM IDENTITY DATA.] new text begin Data relating to the identity
of the victims of certain criminal sexual conduct is governed by
section 609.3471.
new text end

Sec. 2.

Minnesota Statutes 2004, section 144.335, is
amended by adding a subdivision to read:

new text begin Subd. 3d. new text end

new text begin Criminal history information;
classification. new text end

new text begin A provider that receives criminal history
information about a patient from the Department of Corrections
or the Department of Human Services must include that
information in the patient's health record. The criminal
history information may only be used and disclosed as provided
in this section and applicable federal law.
new text end

Sec. 3.

Minnesota Statutes 2004, section 241.67,
subdivision 3, is amended to read:

Subd. 3.

Programs for adult offenders committed to the
commissioner.

(a) The commissioner shall provide for a range of
sex offender programs, including intensive sex offender
programs, within the state adult correctional facility system.
Participation in any program is subject to the rules and
regulations of the Department of Corrections. Nothing in this
section requires the commissioner to accept or retain an
offender in a program if the offender is determined by prison
professionals as unamenable to programming within the prison
system or if the offender refuses or fails to comply with the
program's requirements. Nothing in this section creates a right
of an offender to treatment.

(b) The commissioner shall new text begin develop a plan to new text end provide for
residential and outpatient sex offender programming and
aftercare when required for conditional release under section
609.108 or as a condition of supervised release. new text begin The plan may
include co-payments from the offender, third-party payers, local
agencies, or other funding sources as they are identified.
new text end

Sec. 4.

Minnesota Statutes 2004, section 242.195,
subdivision 1, is amended to read:

Subdivision 1.

Sex offender programs.

(a) The
commissioner of corrections shall new text begin develop a plan to new text end provide for
a range of sex offender programs, including intensive sex
offender programs, for juveniles within state juvenile
correctional facilities and through purchase of service from
county and private residential and outpatient juvenile sex
offender programs. new text begin The plan may include co-payments from the
offenders, third-party payers, local agencies, and other funding
sources as they are identified.
new text end

(b) The commissioner shall establish and operate a
residential sex offender program at one of the state juvenile
correctional facilities. The program must be structured to
address both the therapeutic and disciplinary needs of juvenile
sex offenders. The program must afford long-term residential
treatment for a range of juveniles who have committed sex
offenses and have failed other treatment programs or are not
likely to benefit from an outpatient or a community-based
residential treatment program.

Sec. 5.

Minnesota Statutes 2004, section 243.166,
subdivision 1, is amended to read:

Subdivision 1.

Registration required.

(a) A person shall
register under this section if:

(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:

(i) murder under section 609.185, clause (2); or

(ii) kidnapping under section 609.25; or

(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; deleted text begin or deleted text end 609.3451, subdivision 3; new text begin or
609.3453; new text end or

(iv) indecent exposure under section 617.23, subdivision 3;
or

(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or

(3) the person deleted text begin was convicted of a predatory crime as
defined in section 609.108, and the offender deleted text end was sentenced deleted text begin as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its goal
deleted text end new text begin as a patterned sex offender under section 609.108 new text end ; or

(4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).

(b) A person also shall register under this section if:

(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;

(2) the person enters the state to reside, or to work or
attend school; and

(3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.

For purposes of this paragraph:

(i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and

(ii) "work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.

(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 244.05,
subdivision 6, is amended to read:

Subd. 6.

Intensive supervised release.

The commissioner
may order that an inmate be placed on intensive supervised
release for all or part of the inmate's supervised release or
parole term if the commissioner determines that the action will
further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). In addition, the commissioner may
order that an inmate be placed on intensive supervised release
for all of the inmate's conditional or supervised release term
if the inmate was convicted of a sex offense under deleted text begin sections
deleted text end new text begin section new text end 609.342 deleted text begin to deleted text end new text begin , 609.343, 609.344, new text end 609.345 new text begin , or 609.3453 new text end or
was sentenced under the provisions of section 609.108. new text begin The
commissioner shall order that all level III sex offenders be
placed on intensive supervised release for the entire supervised
release, conditional release, or parole term. As a condition of
release, level III sex offenders must submit to polygraph tests
at the commissioner's request. The scope of the polygraph tests
is limited to an offender's conditions of release while on
intensive supervised release. new text end The commissioner may impose
appropriate conditions of release on the inmate including but
not limited to unannounced searches of the inmate's person,
vehicle, or premises by an intensive supervision agent;
compliance with court-ordered restitution, if any; random drug
testing; house arrest; daily curfews; frequent face-to-face
contacts with an assigned intensive supervision agent; work,
education, or treatment requirements; and electronic
surveillance. In addition, any sex offender placed on intensive
supervised release may be ordered to participate in an
appropriate sex offender program as a condition of release. If
the inmate violates the conditions of the intensive supervised
release, the commissioner shall impose sanctions as provided in
subdivision 3 and section 609.108.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:

Subd. 7.

Sex offenders; civil commitment determination.

(a) Before the commissioner releases from prison any inmate
convicted under deleted text begin sections deleted text end new text begin section new text end 609.342 deleted text begin to deleted text end new text begin , 609.343, 609.344,
new text end 609.345 new text begin , or 609.3453 new text end or sentenced as a patterned offender under
section 609.108, and determined by the commissioner to be in a
high risk category, the commissioner shall make a preliminary
determination whether, in the commissioner's opinion, a petition
under section 253B.185 may be appropriate.

(b) In making this decision, the commissioner shall have
access to the following data only for the purposes of the
assessment and referral decision:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination,
along with a summary of the reasons for the determination, to
the county attorney in the county where the inmate was convicted
no later than 12 months before the inmate's release date. If
the inmate is received for incarceration with fewer than 12
months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months
before release which makes the inmate's case appropriate for
referral, the commissioner shall forward the determination as
soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 253B.18,
subdivision 5, is amended to read:

Subd. 5.

Petition; notice of hearing; attendance; order.

(a) A petition for an order of transfer, discharge, provisional
discharge, or revocation of provisional discharge shall be filed
with the commissioner and may be filed by the patient or by the
head of the treatment facility. A patient may not petition the
special review board for six months following commitment under
subdivision 3 or following the final disposition of any previous
petition and subsequent appeal by the patient. The medical
director may petition at any time.

(b) Fourteen days prior to the hearing, the committing
court, the county attorney of the county of commitment, the
designated agency, interested person, the petitioner, and the
petitioner's counsel shall be given written notice by the
commissioner of the time and place of the hearing before the
special review board. Only those entitled to statutory notice
of the hearing or those administratively required to attend may
be present at the hearing. The patient may designate interested
persons to receive notice by providing the names and addresses
to the commissioner at least 21 days before the hearing. The
board shall provide the commissioner with written findings of
fact and recommendations within 21 days of the hearing. The
commissioner shall issue an order no later than 14 days after
receiving the recommendation of the special review board. A
copy of the order shall be sent by certified mail to every
person entitled to statutory notice of the hearing within five
days after it is signed. No order by the commissioner shall be
effective sooner than 30 days after the order is signed, unless
the county attorney, the patient, and the commissioner agree
that it may become effective sooner.

(c) The special review board shall hold a hearing on each
petition prior to making its recommendation to the
commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency
receiving notice that submits documentary evidence to the
special review board prior to the hearing shall also provide
copies to the patient, the patient's counsel, the county
attorney of the county of commitment, the case manager, and the
commissioner.

(d) Prior to the final decision by the commissioner, the
special review board may be reconvened to consider events or
circumstances that occurred subsequent to the hearing.

new text begin (e) In making their recommendations and order, the special
review board and commissioner must consider any statements
received from victims under subdivision 5a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 9.

Minnesota Statutes 2004, section 253B.18, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Victim notification of petition and release;
right to submit statement. new text end

new text begin (a) As used in this subdivision:
new text end

new text begin (1) "crime" has the meaning given to "violent crime" in
section 609.1095, and includes criminal sexual conduct in the
fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4a, and also
includes offenses listed in section 253B.02, subdivision 7a,
paragraph (b), regardless of whether they are sexually
motivated;
new text end

new text begin (2) "victim" means a person who has incurred loss or harm
as a result of a crime the behavior for which forms the basis
for a commitment under this section or section 253B.185; and
new text end

new text begin (3) "convicted" and "conviction" have the meanings given in
section 609.02, subdivision 5, and also include juvenile court
adjudications; findings under Minnesota Rules of Criminal
Procedure, Rule 20.02, that the elements of a crime have been
proved; and findings in commitment cases under this section or
section 253B.185 that an act or acts constituting a crime
occurred.
new text end

new text begin (b) A county attorney who files a petition to commit a
person under this section or section 253B.185 shall make a
reasonable effort to provide prompt notice of filing the
petition to any victim of a crime for which the person was
convicted. In addition, the county attorney shall make a
reasonable effort to promptly notify the victim of the
resolution of the petition.
new text end

new text begin (c) Before provisionally discharging, discharging, granting
pass-eligible status, approving a pass plan, or otherwise
permanently or temporarily releasing a person committed under
this section or section 253B.185 from a treatment facility, the
head of the treatment facility shall make a reasonable effort to
notify any victim of a crime for which the person was convicted
that the person may be discharged or released and that the
victim has a right to submit a written statement regarding
decisions of the medical director, special review board, or
commissioner with respect to the person. To the extent
possible, the notice must be provided at least 14 days before
any special review board hearing or before a determination on a
pass plan.
new text end

new text begin (d) This subdivision applies only to victims who have
requested notification by contacting, in writing, the county
attorney in the county where the conviction for the crime
occurred. A county attorney who receives a request for
notification under this paragraph shall promptly forward the
request to the commissioner of human services.
new text end

new text begin (e) The rights under this subdivision are in addition to
rights available to a victim under chapter 611A. This provision
does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a,
4b, or 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.108,
subdivision 6, is amended to read:

Subd. 6.

Conditional release.

At the time of sentencing
under subdivision 1, the court shall provide that after the
offender has completed the sentence imposed, less any good time
earned by an offender whose crime was committed before August 1,
1993, the commissioner of corrections shall place the offender
on conditional release for the remainder of the statutory
maximum period, or for ten years, whichever is longer.

The conditions of release may include successful completion
of treatment and aftercare in a program approved by the
commissioner, satisfaction of the release conditions specified
in section 244.05, subdivision 6, and any other conditions the
commissioner considers appropriate. new text begin For all level III sex
offenders, the commissioner shall require as a condition of
release that offenders submit to polygraph tests at the request
of the commissioner. The scope of the polygraph tests is
limited to an offender's conditions of release while on
conditional release. new text end Before the offender is released, the
commissioner shall notify the sentencing court, the prosecutor
in the jurisdiction where the offender was sentenced, and the
victim of the offender's crime, where available, of the terms of
the offender's conditional release. If the offender fails to
meet any condition of release, the commissioner may revoke the
offender's conditional release and order that the offender serve
all or a part of the remaining portion of the conditional
release term in prison. The commissioner shall not dismiss the
offender from supervision before the conditional release term
expires.

Conditional release granted under this subdivision is
governed by provisions relating to supervised release, except as
otherwise provided in this subdivision, section 244.04,
subdivision 1, or 244.05.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.108,
subdivision 7, is amended to read:

Subd. 7.

Commissioner of corrections.

The commissioner
shall new text begin develop a plan to new text end pay the cost of treatment of a person
released under subdivision 6. new text begin The plan may include co-payments
from offenders, third-party payers, local agencies, or other
funding sources as they are identified. new text end This section does not
require the commissioner to accept or retain an offender in a
treatment program.

Sec. 12.

Minnesota Statutes 2004, section 609.109,
subdivision 5, is amended to read:

Subd. 5.

Previous sex offense convictions.

For the
purposes of this section, a conviction is considered a previous
sex offense conviction if the person was convicted of a sex
offense before the commission of the present offense of
conviction. A person has two previous sex offense convictions
only if the person was convicted and sentenced for a sex offense
committed after the person was earlier convicted and sentenced
for a sex offense, both convictions preceded the commission of
the present offense of conviction, and 15 years have not elapsed
since the person was discharged from the sentence imposed for
the second conviction. A "sex offense" is a violation of
sections 609.342 to deleted text begin 609.345 deleted text end new text begin 609.3453 new text end or any similar statute of
the United States, this state, or any other state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.109,
subdivision 7, is amended to read:

Subd. 7.

Conditional release of sex offenders.

(a)
Notwithstanding the statutory maximum sentence otherwise
applicable to the offense or any provision of the Sentencing
Guidelines, when a court sentences a person to prison for a
violation of section 609.342, 609.343, 609.344, or 609.345, the
court shall provide that after the person has completed the
sentence imposed, the commissioner of corrections shall place
the person on conditional release. If the person was convicted
for a violation of section 609.342, 609.343, 609.344, or
609.345, the person shall be placed on conditional release for
five years, minus the time the person served on supervised
release. If the person was convicted for a violation of one of
those sections after a previous sex offense conviction as
defined in subdivision 5, or sentenced under subdivision 6 to a
mandatory departure, the person shall be placed on conditional
release for ten years, minus the time the person served on
supervised release.

(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. new text begin For all
level III sex offenders, the commissioner shall require as a
condition of release that offenders submit to polygraph tests at
the request of the commissioner. The scope of the polygraph
tests is limited to an offender's conditions of release while on
conditional release. new text end If the offender fails to meet any
condition of release, the commissioner may revoke the offender's
conditional release and order that the offender serve the
remaining portion of the conditional release term in prison.
The commissioner shall not dismiss the offender from supervision
before the conditional release term expires.

Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise
provided in this subdivision, section 244.04, subdivision 1, or
244.05.

(c) The commissioner shall new text begin develop a plan to new text end pay the cost
of treatment of a person released under this subdivision. new text begin The
plan may include co-payments from offenders, third-party payers,
local agencies, and other funding sources as they are
identified. new text end This section does not require the commissioner to
accept or retain an offender in a treatment program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 609.117,
subdivision 1, is amended to read:

Subdivision 1.

Upon sentencing.

The court shall order an
offender to provide a biological specimen for the purpose of DNA
analysis as defined in section 299C.155 when:

(1) the court sentences a person charged with violating or
attempting to violate any of the following, and the person is
convicted of that offense or of any offense arising out of the
same set of circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) the court sentences a person as a patterned sex
offender under section 609.108; or

(3) the juvenile court adjudicates a person a delinquent
child who is the subject of a delinquency petition for violating
or attempting to violate any of the following, and the
delinquency adjudication is based on a violation of one of those
sections or of any offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

The biological specimen or the results of the analysis shall be
maintained by the Bureau of Criminal Apprehension as provided in
section 299C.155.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 609.117,
subdivision 2, is amended to read:

Subd. 2.

Before release.

The commissioner of corrections
or local corrections authority shall order a person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis and the person:

(1) is currently serving a term of imprisonment for or has
a past conviction for violating or attempting to violate any of
the following or a similar law of another state or the United
States or initially charged with violating one of the following
sections or a similar law of another state or the United States
and convicted of another offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;
or

(2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections; or

(3) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of an
offense described in this subdivision or a similar law of the
United States or any other state. The commissioner of
corrections or local corrections authority shall forward the
sample to the Bureau of Criminal Apprehension.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2004, section 609.1351, is
amended to read:

609.1351 PETITION FOR CIVIL COMMITMENT.

When a court sentences a person under section 609.108,
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or 609.3453, new text end the court
shall make a preliminary determination whether in the court's
opinion a petition under section 253B.185 may be appropriate and
include the determination as part of the sentencing order. If
the court determines that a petition may be appropriate, the
court shall forward its preliminary determination along with
supporting documentation to the county attorney.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2004, section 609.347, is
amended to read:

609.347 EVIDENCE new text begin IN CRIMINAL SEXUAL CONDUCT CASES new text end .

Subdivision 1. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453 new text end , the testimony of a victim need
not be corroborated.

Subd. 2. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451, new text begin or 609.3453, new text end there is no need to show that
the victim resisted the accused.

Subd. 3. In a prosecution under sections 609.109, 609.342
to 609.3451, new text begin 609.3453, new text end or 609.365, evidence of the victim's
previous sexual conduct shall not be admitted nor shall any
reference to such conduct be made in the presence of the jury,
except by court order under the procedure provided in
subdivision 4. The evidence can be admitted only if the
probative value of the evidence is not substantially outweighed
by its inflammatory or prejudicial nature and only in the
circumstances set out in paragraphs (a) and (b). For the
evidence to be admissible under paragraph (a), subsection (i),
the judge must find by a preponderance of the evidence that the
facts set out in the accused's offer of proof are true. For the
evidence to be admissible under paragraph (a), subsection (ii)
or paragraph (b), the judge must find that the evidence is
sufficient to support a finding that the facts set out in the
accused's offer of proof are true, as provided under Rule 901 of
the Rules of Evidence.

(a) When consent of the victim is a defense in the case,
the following evidence is admissible:

(i) evidence of the victim's previous sexual conduct
tending to establish a common scheme or plan of similar sexual
conduct under circumstances similar to the case at issue. In
order to find a common scheme or plan, the judge must find that
the victim made prior allegations of sexual assault which were
fabricated; and

(ii) evidence of the victim's previous sexual conduct with
the accused.

(b) When the prosecution's case includes evidence of semen,
pregnancy, or disease at the time of the incident or, in the
case of pregnancy, between the time of the incident and trial,
evidence of specific instances of the victim's previous sexual
conduct is admissible solely to show the source of the semen,
pregnancy, or disease.

Subd. 4. The accused may not offer evidence described in
subdivision 3 except pursuant to the following procedure:

(a) A motion shall be made by the accused at least three
business days prior to trial, unless later for good cause shown,
setting out with particularity the offer of proof of the
evidence that the accused intends to offer, relative to the
previous sexual conduct of the victim;

(b) If the court deems the offer of proof sufficient, the
court shall order a hearing out of the presence of the jury, if
any, and in such hearing shall allow the accused to make a full
presentation of the offer of proof;

(c) At the conclusion of the hearing, if the court finds
that the evidence proposed to be offered by the accused
regarding the previous sexual conduct of the victim is
admissible under subdivision 3 and that its probative value is
not substantially outweighed by its inflammatory or prejudicial
nature, the court shall make an order stating the extent to
which evidence is admissible. The accused may then offer
evidence pursuant to the order of the court;

(d) If new information is discovered after the date of the
hearing or during the course of trial, which may make evidence
described in subdivision 3 admissible, the accused may make an
offer of proof pursuant to clause (a) and the court shall order
an in camera hearing to determine whether the proposed evidence
is admissible by the standards herein.

Subd. 5. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453 new text end , the court shall not instruct
the jury to the effect that:

(a) It may be inferred that a victim who has previously
consented to sexual intercourse with persons other than the
accused would be therefore more likely to consent to sexual
intercourse again; or

(b) The victim's previous or subsequent sexual conduct in
and of itself may be considered in determining the credibility
of the victim; or

(c) Criminal sexual conduct is a crime easily charged by a
victim but very difficult to disprove by an accused because of
the heinous nature of the crime; or

(d) The jury should scrutinize the testimony of the victim
any more closely than it should scrutinize the testimony of any
witness in any felony prosecution.

Subd. 6. (a) In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453, new text end involving a psychotherapist
and patient, evidence of the patient's personal or medical
history is not admissible except when:

(1) the accused requests a hearing at least three business
days prior to trial and makes an offer of proof of the relevancy
of the history; and

(2) the court finds that the history is relevant and that
the probative value of the history outweighs its prejudicial
value.

(b) The court shall allow the admission only of specific
information or examples of conduct of the victim that are
determined by the court to be relevant. The court's order shall
detail the information or conduct that is admissible and no
other evidence of the history may be introduced.

(c) Violation of the terms of the order is grounds for
mistrial but does not prevent the retrial of the accused.

Subd. 7.

Effect of statute on rules.

Rule 412 of the
Rules of Evidence is superseded to the extent of its conflict
with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2004, section 609.3471, is
amended to read:

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no
data contained in records or reports relating to petitions,
complaints, or indictments issued pursuant to section 609.342;
609.343; 609.344; deleted text begin or deleted text end 609.345 new text begin ; or 609.3453, new text end which specifically
identifies a victim who is a minor shall be accessible to the
public, except by order of the court. Nothing in this section
authorizes denial of access to any other data contained in the
records or reports, including the identity of the defendant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2004, section 609.348, is
amended to read:

609.348 MEDICAL PURPOSES; EXCLUSION.

Sections 609.109 deleted text begin and deleted text end new text begin , new text end 609.342 to 609.3451 new text begin , and 609.3453 new text end do
not apply to sexual penetration or sexual contact when done for
a bona fide medical purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2004, section 609.353, is
amended to read:

609.353 JURISDICTION.

A violation or attempted violation of section 609.342,
609.343, 609.344, 609.345, 609.3451, new text begin 609.3453, new text end or 609.352 may be
prosecuted in any jurisdiction in which the violation originates
or terminates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2004, section 609.485,
subdivision 2, is amended to read:

Subd. 2.

Acts prohibited.

Whoever does any of the
following may be sentenced as provided in subdivision 4:

(1) escapes while held pursuant to a lawful arrest, in
lawful custody on a charge or conviction of a crime, or while
held in lawful custody on an allegation or adjudication of a
delinquent act;

(2) transfers to another, who is in lawful custody on a
charge or conviction of a crime, or introduces into an
institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;

(3) having another in lawful custody on a charge or
conviction of a crime, intentionally permits the other to
escape;

(4) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
after a finding of not guilty by reason of mental illness or
mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a. Notwithstanding section
609.17, no person may be charged with or convicted of an attempt
to commit a violation of this clause; deleted text begin or
deleted text end

(5) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10 new text begin ; or
new text end

new text begin (6) escapes while on pass status or provisional discharge
according to section 253B.18 new text end .

For purposes of clause (1), "escapes while held in lawful
custody" includes absconding from electronic monitoring or
absconding after removing an electronic monitoring device from
the person's body.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2004, section 609.485,
subdivision 4, is amended to read:

Subd. 4.

Sentence.

(a) Except as otherwise provided in
subdivision 3a, whoever violates this section may be sentenced
as follows:

(1) if the person who escapes is in lawful custody for a
felony, to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both;

(2) if the person who escapes is in lawful custody after a
finding of not guilty by reason of mental illness or mental
deficiency of a crime against the person, as defined in section
253B.02, subdivision 4a, or pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10, to imprisonment for not more than one year and one day
or to payment of a fine of not more than $3,000, or both; deleted text begin or
deleted text end

(3) if the person who escapes is in lawful custody for a
gross misdemeanor or misdemeanor, or if the person who escapes
is in lawful custody on an allegation or adjudication of a
delinquent act, to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both new text begin ; or
new text end

new text begin (4) if the person who escapes is under civil commitment
under sections 253B.18 and 253B.185, to imprisonment for not
more than one year and one day or to payment of a fine of not
more than $3,000, or both new text end .

(b) If the escape was a violation of subdivision 2, clause
(1), (2), or (3), and was effected by violence or threat of
violence against a person, the sentence may be increased to not
more than twice those permitted in paragraph (a), clauses (1)
and (3).

(c) Unless a concurrent term is specified by the court, a
sentence under this section shall be consecutive to any sentence
previously imposed or which may be imposed for any crime or
offense for which the person was in custody when the person
escaped.

(d) Notwithstanding paragraph (c), if a person who was
committed to the commissioner of corrections under section
260B.198 escapes from the custody of the commissioner while 18
years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date
of discharge by the commissioner of corrections, whichever
occurs first. However, if the person described in this clause
is convicted under this section after becoming 19 years old and
after having been discharged by the commissioner, the person's
sentence shall commence upon imposition by the sentencing court.

(e) Notwithstanding paragraph (c), if a person who is in
lawful custody on an allegation or adjudication of a delinquent
act while 18 years of age escapes from a local juvenile
correctional facility, the person's sentence under this section
begins on the person's 19th birthday or on the person's date of
discharge from the jurisdiction of the juvenile court, whichever
occurs first. However, if the person described in this
paragraph is convicted after becoming 19 years old and after
discharge from the jurisdiction of the juvenile court, the
person's sentence begins upon imposition by the sentencing court.

(f) Notwithstanding paragraph (a), any person who escapes
or absconds from electronic monitoring or removes an electric
monitoring device from the person's body is guilty of a crime
and shall be sentenced to imprisonment for not more than one
year or to a payment of a fine of not more than $3,000, or
both. A person in lawful custody for a violation of section
609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345,
or 609.3451 who escapes or absconds from electronic monitoring
or removes an electronic monitoring device while under sentence
may be sentenced to imprisonment for not more than five years or
to a payment of a fine of not more than $10,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 23.

Minnesota Statutes 2004, section 609.531,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purpose of sections
609.531 to 609.5318, the following terms have the meanings given
them.

(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not
include property which is, in fact, itself stolen or taken in
violation of the law.

(b) "Weapon used" means a dangerous weapon as defined under
section 609.02, subdivision 6, that the actor used or had in
possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess
under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal
Apprehension, the Minnesota Division of Driver and Vehicle
Services, the Minnesota State Patrol, a county sheriff's
department, the Suburban Hennepin Regional Park District park
rangers, the Department of Natural Resources Division of
Enforcement, the University of Minnesota Police Department, or a
city or airport police department.

(f) "Designated offense" includes:

(1) for weapons used: any violation of this chapter,
chapter 152, or chapter 624;

(2) for driver's license or identification card
transactions: any violation of section 171.22; and

(3) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17;
325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322;
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
and (h) to (j); new text begin 609.352; new text end 609.42; 609.425; 609.466; 609.485;
609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54;
609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595;
609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5,
8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
609.893; 609.895; 617.246; new text begin 617.247; new text end or a gross misdemeanor or
felony violation of section 609.891 or 624.7181; or any
violation of section 609.324.

(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 24.

Minnesota Statutes 2004, section 609.5312, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Computers and related property subject to
forfeiture. new text end

new text begin (a) As used in this subdivision, "property" has the
meaning given in section 609.87, subdivision 6.
new text end

new text begin (b) When a computer or a component part of a computer is
used or intended for use to commit or facilitate the commission
of a designated offense, the computer and all software, data,
and other property contained in the computer are subject to
forfeiture unless prohibited by the Privacy Protection Act,
United States Code, title 42, sections 2000aa to 2000aa-12, or
other state or federal law.
new text end

new text begin (c) Regardless of whether a forfeiture action is initiated
following the lawful seizure of a computer and related property,
if the appropriate agency returns hardware, software, data, or
other property to the owner, the agency may charge the owner for
the cost of separating contraband from the computer or other
property returned, including salary and contract costs. The
agency may not charge these costs to an owner of a computer or
related property who was not privy to the act or omission upon
which the seizure was based, or who did not have knowledge of or
consent to the act or omission, if the owner:
new text end

new text begin (1) requests from the agency copies of specified legitimate
data files and provides sufficient storage media; or
new text end

new text begin (2) requests the return of a computer or other property
less data storage devices on which contraband resides.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 25.

Minnesota Statutes 2004, section 617.23,
subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

A person who deleted text begin commits any of
the following acts is guilty of a gross misdemeanor:
deleted text end

deleted text begin (1) the person violates subdivision 1 in the presence of a
minor under the age of 16; or
deleted text end

deleted text begin (2) the person deleted text end violates subdivision 1 after having been
previously convicted of violating subdivision 1, sections
609.342 to 609.3451, or a statute from another state in
conformity with any of those sections new text begin , is guilty of a gross
misdemeanor new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 26.

Minnesota Statutes 2004, section 617.23,
subdivision 3, is amended to read:

Subd. 3.

Felony.

A person is guilty of a felony and may
be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:

(1) deleted text begin the person violates subdivision 2, clause (1), after
having been previously convicted of or adjudicated delinquent
for violating subdivision 2, clause (1); section 609.3451,
subdivision 1, clause (2); or a statute from another state in
conformity with subdivision 2, clause (1), or section 609.3451,
subdivision 1, clause (2); or
deleted text end

deleted text begin (2) deleted text end the person commits a violation of subdivision 1, clause
(1), in the presence of another person while intentionally
confining that person or otherwise intentionally restricting
that person's freedom to move new text begin ; or
new text end

new text begin (2) the person violates subdivision 1 in the presence of an
unaccompanied minor under the age of 16 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 27.

Minnesota Statutes 2004, section 631.045, is
amended to read:

631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.

At the trial of a complaint or indictment for a violation
of sections 609.109, 609.341 to 609.3451, new text begin 609.3453, new text end or 617.246,
subdivision 2, when a minor under 18 years of age is the person
upon, with, or against whom the crime is alleged to have been
committed, the judge may exclude the public from the courtroom
during the victim's testimony or during all or part of the
remainder of the trial upon a showing that closure is necessary
to protect a witness or ensure fairness in the trial. The judge
shall give the prosecutor, defendant and members of the public
the opportunity to object to the closure before a closure order.
The judge shall specify the reasons for closure in an order
closing all or part of the trial. Upon closure the judge shall
only admit persons who have a direct interest in the case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 28. new text begin CONCENTRATION OF LEVEL III SEX OFFENDERS; REPORT
TO LEGISLATURE.
new text end

new text begin Each county which has level III sex offenders residing in
that county, must annually report to the public safety and
criminal justice policy committees in the senate and house on
specific measures implemented by the county to alleviate the
concentration of the residence of level III sex offenders in any
neighborhood or neighborhoods of the county. The report must be
made by January 15 of each year.
new text end

Sec. 29. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota
Statutes, section 609.3452, as Minnesota Statutes, section
609.3457, and correct cross-references. In addition, the
revisor shall delete the reference in Minnesota Statutes,
section 13.871, subdivision 3, paragraph (d), to Minnesota
Statutes, section 609.3452, and insert a reference to Minnesota
Statutes, section 609.3457. The revisor shall include a
notation in Minnesota Statutes to inform readers of the statutes
of the renumbering of Minnesota Statutes, section 609.3457.
new text end

new text begin (b) In addition to the specific changes described in
paragraph (a), the revisor of statutes shall make other
technical changes necessitated by this act.
new text end

ARTICLE 8

PUBLIC SAFETY POLICY

Section 1.

Minnesota Statutes 2004, section 13.87,
subdivision 3, is amended to read:

Subd. 3.

Internet access.

(a) The Bureau of Criminal
Apprehension shall establish and maintain an Internet Web site
containing public criminal history data by July 1, 2004.

(b) Notwithstanding section 13.03, subdivision 3, paragraph
(a), the bureau may charge a fee for Internet access to public
criminal history data deleted text begin provided through August 1, 2005. The fee
may not exceed deleted text end new text begin of new text end $5 per deleted text begin inquiry or the amount needed to recoup
the actual cost of implementing and providing Internet access,
whichever is less. Fees collected must be deposited in the
general fund as a nondedicated receipt deleted text end new text begin name searched. The
superintendent of the Bureau of Criminal Apprehension shall
collect the fee and the receipts shall be directed to the
noncriminal background account in the special revenue fund new text end .

(c) The Web site must include a notice to the subject of
data of the right to contest the accuracy or completeness of
data, as provided under section 13.04, subdivision 4, and
provide a telephone number and address that the subject may
contact for further information on this process.

(d) The Web site must include the effective date of data
that is posted.

(e) The Web site must include a description of the types of
criminal history data not available on the site, including
arrest data, juvenile data, criminal history data from other
states, federal data, data on convictions where 15 years have
elapsed since discharge of the sentence, and other data that are
not accessible to the public.

(f) A person who intends to access the Web site to obtain
information regarding an applicant for employment, housing, or
credit must disclose to the applicant the intention to do so.
The Web site must include a notice that a person obtaining such
access must notify the applicant when a background check using
this Web site has been conducted.

(g) This subdivision does not create a civil cause of
action on behalf of the data subject.

deleted text begin (h) This subdivision expires July 31, 2007.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 116L.30, is
amended to read:

116L.30 GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.

Subdivision 1.

Grants.

The commissioner may make grants
to nonprofit agencies administering youth intervention programs
in communities where the programs are or may be established.

"Youth intervention program" means a nonresidential
community-based program providing advocacy, education,
counseling, new text begin mentoring, new text end and referral services to youth and their
families experiencing personal, familial, school, legal, or
chemical problems with the goal of resolving the present
problems and preventing the occurrence of the problems in the
future. new text begin The intent of the youth intervention program is to
provide an ongoing stable funding source to community-based
early intervention programs for youth. Program design may be
different for the grantees depending on youth service needs of
the communities being served.
new text end

Subd. 2.

Applications.

Applications for a grant-in-aid
shall be made by the administering agency to the commissioner.

The grant-in-aid is contingent upon the agency having
obtained from the community in which the youth intervention
program is established local matching money two times the amount
of the grant that is sought. new text begin The matching requirement is
intended to leverage the investment of state and community
dollars in supporting the efforts of the grantees to provide
early intervention services to youth and their families.
new text end

The commissioner shall provide the application form,
procedures for making application form, criteria for review of
the application, and kinds of contributions in addition to cash
that qualify as local matching money. No grant to any agency
may exceed $50,000.

new text begin Subd. 3. new text end

new text begin Grant allocation formula. new text end

new text begin Up to one percent of
the appropriations to the grants-in-aid to the youth
intervention program may be used for a grant to the Minnesota
Youth Intervention Programs Association for expenses in
providing collaborative training and technical assistance to
community-based grantees of the program.
new text end

new text begin Subd. 4. new text end

new text begin Administrative costs. new text end

new text begin The commissioner may use
up to two percent of the biennial appropriation for
grants-in-aid to the youth intervention program to pay costs
incurred by the department in administering the youth
intervention program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 169.71,
subdivision 1, is amended to read:

Subdivision 1.

Prohibitions generally new text begin ; exceptions new text end .

deleted text begin No deleted text end new text begin (a)
A new text end person shall new text begin not new text end drive or operate any motor vehicle with new text begin :
new text end

new text begin (1) new text end a windshield cracked or discolored to an extent to
limit or obstruct proper vision deleted text begin , or, except for law enforcement
vehicles, with deleted text end new text begin ;
new text end

new text begin (2) new text end any objects suspended between the driver and the
windshield, other than sun visors and deleted text begin rear vision deleted text end new text begin rearview
new text end mirrors deleted text begin , deleted text end new text begin ; new text end or deleted text begin with
deleted text end

new text begin (3) new text end any sign, poster, or other nontransparent material upon
the front windshield, sidewings, new text begin or new text end side or rear windows of deleted text begin such
deleted text end new text begin the new text end vehicle, other than a certificate or other paper required to
be so displayed by law deleted text begin , deleted text end or authorized by the state director of
the Division of Emergency Management deleted text begin , deleted text end or the commissioner of
public safety.

new text begin (b) Paragraph (a), clauses (2) and (3), do not apply to law
enforcement vehicles.
new text end

new text begin (c) Paragraph (a), clause (2), does not apply to authorized
emergency vehicles.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

Minnesota Statutes 2004, section 214.04,
subdivision 1, is amended to read:

Subdivision 1.

Services provided.

new text begin (a) new text end The commissioner
of administration with respect to the Board of Electricity deleted text begin , deleted text end new text begin ; new text end the
commissioner of education with respect to the Board of
Teaching deleted text begin , deleted text end new text begin ; new text end the commissioner of public safety with respect to the
Board of Private Detective and Protective Agent Services deleted text begin , and deleted text end new text begin ;
the panel established pursuant to section 299A.465, subdivision
7; new text end the Board of Peace Officer Standards and Training deleted text begin , deleted text end new text begin ; new text end and the
commissioner of revenue with respect to the Board of Assessors,
shall provide suitable offices and other space, joint conference
and hearing facilities, examination rooms, and the following
administrative support services: purchasing service, accounting
service, advisory personnel services, consulting services
relating to evaluation procedures and techniques, data
processing, duplicating, mailing services, automated printing of
license renewals, and such other similar services of a
housekeeping nature as are generally available to other agencies
of state government. Investigative services shall be provided
the boards by employees of the Office of Attorney General. The
commissioner of health with respect to the health-related
licensing boards shall provide mailing and office supply
services and may provide other facilities and services listed in
this subdivision at a central location upon request of the
health-related licensing boards. The commissioner of commerce
with respect to the remaining non-health-related licensing
boards shall provide the above facilities and services at a
central location for the remaining non-health-related licensing
boards. The legal and investigative services for the boards
shall be provided by employees of the attorney general assigned
to the departments servicing the boards. Notwithstanding the
foregoing, the attorney general shall not be precluded by this
section from assigning other attorneys to service a board if
necessary in order to insure competent and consistent legal
representation. Persons providing legal and investigative
services shall to the extent practicable provide the services on
a regular basis to the same board or boards.

new text begin (b) The requirements in paragraph (a) with respect to the
panel established in section 299A.465, subdivision 7, expire
July 1, 2008.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2004, section 216D.08,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin penalty deleted text end new text begin penalties new text end .

A person who is
engaged in excavation for remuneration or an operator other than
an operator subject to section 299F.59, subdivision 1, who
violates sections 216D.01 to 216D.07 is subject to a civil
penalty to be imposed by the commissioner not to exceed $1,000
for each violation per day of violation. new text begin The district court may
hear, try, and determine actions commenced under this section.
Trials under this section must be to the court sitting without a
jury. If the fine exceeds the maximum limit for conciliation
court, the person appealing the fine may request the
commissioner to conduct an administrative hearing under chapter
14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 6.

Minnesota Statutes 2004, section 216D.08,
subdivision 2, is amended to read:

Subd. 2.

Settlement.

The commissioner may negotiate a
compromise settlement of a civil penalty. In determining the
amount of the penalty, or the amount of the compromise
settlement, the commissioner shall consider the appropriateness
of the penalty to the size of the business of the person
charged, the gravity of the violation, and the good faith of the
person charged in attempting to achieve compliance, after
notification of a violation. new text begin Unless the commissioner chooses to
proceed in district court under subdivision 1, new text end the contested
case and judicial review provisions of chapter 14 apply to the
orders of the commissioner imposing a penalty under sections
216D.01 to 216D.07. The amount of the penalty, when finally
determined, may be deducted from sums owing by the state of
Minnesota to the person charged.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 7.

Minnesota Statutes 2004, section 259.11, is
amended to read:

259.11 ORDER; FILING COPIES.

(a) Upon meeting the requirements of section 259.10, the
court shall grant the application unless: (1) it finds that
there is an intent to defraud or mislead; (2) section 259.13
prohibits granting the name change; or (3) in the case of the
change of a minor child's name, the court finds that such name
change is not in the best interests of the child. The court
shall set forth in the order the name and age of the applicant's
spouse and each child of the applicant, if any, and shall state
a description of the lands, if any, in which the applicant and
the spouse and children, if any, claim to have an interest. The
court administrator shall file such order, and record the same
in the judgment book. If lands be described therein, a
certified copy of the order shall be filed for record, by the
applicant, with the county recorder of each county wherein any
of the same are situated. Before doing so the court
administrator shall present the same to the county auditor who
shall enter the change of name in the auditor's official records
and note upon the instrument, over an official signature, the
words "change of name recorded." Any such order shall not be
filed, nor any certified copy thereof be issued, until the
applicant shall have paid to the county recorder and court
administrator the fee required by law. No application shall be
denied on the basis of the marital status of the applicant.

(b) When a person applies for a name change, the court
shall determine whether the person has deleted text begin been convicted of a
felony deleted text end new text begin a criminal history new text end in this or any other state. new text begin The court
may conduct a search of national records through the Federal
Bureau of Investigation by submitting a set of fingerprints and
the appropriate fee to the Bureau of Criminal Apprehension. new text end If
deleted text begin so deleted text end new text begin it is determined that the person has a criminal history in
this or any other state new text end , the court shall, within ten days after
the name change application is granted, report the name change
to the Bureau of Criminal Apprehension. The person whose name
is changed shall also report the change to the Bureau of
Criminal Apprehension within ten days. The court granting the
name change application must explain this reporting duty in its
order. Any person required to report the person's name change
to the Bureau of Criminal Apprehension who fails to report the
name change as required under this paragraph is guilty of a
gross misdemeanor.

new text begin (c) Paragraph (b) does not apply to either:
new text end

new text begin (1) a request for a name change as part of an application
for a marriage license under section 517.08; or
new text end

new text begin (2) a request for a name change in conjunction with a
marriage dissolution under section 518.27.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 299A.465, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Determination of scope and duties. new text end

new text begin (a) Whenever
a peace officer or firefighter has been approved to receive a
duty-related disability pension, the officer or firefighter may
apply to the panel established in subdivision 7 for a
determination of whether or not the officer or firefighter meets
the requirements in subdivision 1, paragraph (a), clause (2).
In making this decision, the panel shall determine whether or
not the officer's or firefighter's occupational duties or
professional responsibilities put the officer or firefighter at
risk for the type of illness or injury actually sustained. A
final determination by the panel is binding on the applicant and
the employer, subject to any right of judicial review.
Applications must be made within 90 days of receipt of approval
of a duty-related pension and must be acted upon by the panel
within 90 days of receipt. Applications that are not acted upon
within 90 days of receipt by the panel are approved.
Applications and supporting documents are private data.
new text end

new text begin (b) This subdivision expires July 1, 2008.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to duty-related pension approvals made on or after
that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 299A.465, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Course and scope of duties panel. new text end

new text begin (a) A panel
is established for the purpose set forth in subdivision 6,
composed of the following seven members:
new text end

new text begin (1) two members recommended by the Minnesota League of
Cities or a successor;
new text end

new text begin (2) one member recommended by the Association of Minnesota
Counties or a successor;
new text end

new text begin (3) two members recommended by the Minnesota Police and
Peace Officers Association or a successor;
new text end

new text begin (4) one member recommended by the Minnesota Professional
Firefighters Association or a successor; and
new text end

new text begin (5) one nonorganizational member recommended by the six
organizational members.
new text end

new text begin (b) Recommendations must be forwarded to the commissioner
of public safety who shall appoint the recommended members after
determining that they were properly recommended. Members shall
serve for two years or until their successors have been seated.
No member may serve more than three consecutive terms.
Vacancies on the panel must be filled by recommendation by the
organization whose representative's seat has been vacated. A
vacancy of the nonorganizational seat must be filled by the
recommendation of the panel. Vacancies may be declared by the
panel in cases of resignation or when a member misses three or
more consecutive meetings, or by a nominating organization when
its nominee is no longer a member in good standing of the
organization, an employee of the organization, or an employee of
a member in good standing of the organization. A member
appointed because of a vacancy shall serve until the expiration
of the vacated term.
new text end

new text begin (c) Panel members shall be reimbursed for expenses related
to their duties according to section 15.059, subdivision 3,
paragraph (a), but shall not receive compensation or per diem
payments. The panel's proceedings and determinations constitute
a quasi-judicial process and its operation must comply with
chapter 14. Membership on the panel does not constitute holding
a public office and members of the panel are not required to
take and file oaths of office or submit a public official's bond
before serving on the panel. No member of the panel may be
disqualified from holding any public office or employment by
reason of being appointed to the panel. Members of the panel
and staff or consultants working with the panel are covered by
the immunity provision in section 214.34, subdivision 2. The
panel shall elect a chair and adopt rules of order. The panel
shall convene no later than July 1, 2005.
new text end

new text begin (d) This subdivision expires July 1, 2008.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2004, section 299C.095,
subdivision 1, is amended to read:

Subdivision 1.

Access to data on juveniles.

(a) The
bureau shall administer and maintain the computerized juvenile
history record system based on sections 260B.171 and 260C.171
and other statutes requiring the reporting of data on
juveniles. The data in the system are private data as defined
in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to
all trial courts and appellate courts, to a person who has
access to the juvenile court records as provided in sections
260B.171 and 260C.171 or under court rule, to public defenders
as provided in section 611.272, and to criminal justice agencies
in other states in the conduct of their official duties.

(b) Except for access authorized under paragraph (a), the
bureau shall only disseminate a juvenile adjudication history
record in connection with a background check required by statute
or rule and performed on a licensee, license applicant, or
employment applicant or performed under section 299C.62 or
624.713. If the background check is performed under section
299C.62, juvenile adjudication history disseminated under this
paragraph is limited to offenses that would constitute a
background check crime as defined in section 299C.61,
subdivision 2. A consent for release of information from an
individual who is the subject of a juvenile adjudication history
is not effective and the bureau shall not release a juvenile
adjudication history record and shall not release information in
a manner that reveals the existence of the record. new text begin Data
maintained under section 243.166, released in conjunction with a
background check, regardless of the age of the offender at the
time of the offense, does not constitute releasing information
in a manner that reveals the existence of a juvenile
adjudication history.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 11.

Minnesota Statutes 2004, section 299C.11, is
amended to read:

299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.

(a) Each sheriff and chief of police shall furnish the
bureau, upon such form as the superintendent shall prescribe,
with such finger and thumb prints, photographs, distinctive
physical mark identification data, information on known aliases
and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which
must be taken under the provisions of section 299C.10. In
addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have
been convicted of a felony, gross misdemeanor, or targeted
misdemeanor, within the ten years immediately preceding their
arrest. new text begin When the bureau learns that an individual who is the
subject of a background check has used, or is using, identifying
information, including, but not limited to, name and date of
birth, other than those listed on the criminal history, the
bureau may add the new identifying information to the criminal
history when supported by fingerprints.
new text end

(b) No petition under chapter 609A is required if the
person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the
period of ten years immediately preceding the determination of
all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of
probable cause; or

(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.

Where these conditions are met, the bureau or agency shall, upon
demand, return to the arrested person finger and thumb prints,
photographs, distinctive physical mark identification data,
information on known aliases and street names, and other
identification data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal
finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street
names, and other identification data, and all copies and
duplicates of them if the arrested person has not been convicted
of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding such
determination.

(d) DNA samples and DNA records of the arrested person
shall not be returned, sealed, or destroyed as to a charge
supported by probable cause.

(e) For purposes of this section:

(1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:

(i) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, or chapter 609A;

(ii) the arrested person's successful completion of a
diversion program;

(iii) an order of discharge under section 609.165; or

(iv) a pardon granted under section 638.02; and

(2) "targeted misdemeanor" has the meaning given in section
299C.10, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 12.

Minnesota Statutes 2004, section 326.3382, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Special protective agent classification. new text end

new text begin The
board shall establish a special protective agent license
classification that provides that a person described in section
326.338, subdivision 4, clause (4), who is otherwise qualified
under this section need not meet the requirements of subdivision
2, paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 13.

Minnesota Statutes 2004, section 518B.01, is
amended by adding a subdivision to read:

new text begin Subd. 23. new text end

new text begin Prohibition against employer retaliation. new text end

new text begin (a)
An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or
privileges of employment, because the employee took reasonable
time off from work to obtain or attempt to obtain relief under
this chapter. Except in cases of imminent danger to the health
or safety of the employee or the employee's child, an employee
who is absent from the workplace shall give reasonable advance
notice to the employer. Upon request of the employer, the
employee shall provide verification that supports the employee's
reason for being absent from the workplace. All information
related to the employee's leave pursuant to this section shall
be kept confidential by the employer.
new text end

new text begin (b) An employer who violates paragraph (a) is guilty of a
misdemeanor and may be punished for contempt of court. In
addition, the court shall order the employer to pay back wages
and offer job reinstatement to any employee discharged from
employment in violation of paragraph (a).
new text end

new text begin (c) In addition to any remedies otherwise provided by law,
an employee injured by a violation of paragraph (a) may bring a
civil action for recovery of damages, together with costs and
disbursements, including reasonable attorney fees, and may
receive such injunctive and other equitable relief, including
reinstatement, as determined by the court. Total damages
recoverable under this subdivision shall not exceed lost wages
for six weeks.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 609.748, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Prohibition against employer retaliation. new text end

new text begin (a)
An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or
privileges of employment, because the employee took reasonable
time off from work to obtain or attempt to obtain relief under
this section. Except in cases of imminent danger to the health
or safety of the employee or the employee's child, an employee
who is absent from the workplace shall give reasonable advance
notice to the employer. Upon request of the employer, the
employee shall provide verification that supports the employee's
reason for being absent from the workplace. All information
related to the employee's leave pursuant to this section shall
be kept confidential by the employer.
new text end

new text begin (b) An employer who violates paragraph (a) is guilty of a
misdemeanor and may be punished for contempt of court. In
addition, the court shall order the employer to pay back wages
and offer job reinstatement to any employee discharged from
employment in violation of paragraph (a).
new text end

new text begin (c) In addition to any remedies otherwise provided by law,
an employee injured by a violation of paragraph (a) may bring a
civil action for recovery of damages, together with costs and
disbursements, including reasonable attorney fees, and may
receive such injunctive and other equitable relief, including
reinstatement, as determined by the court. Total damages
recoverable under this subdivision shall not exceed lost wages
for six weeks.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 611A.01, is
amended to read:

611A.01 DEFINITIONS.

For the purposes of sections 611A.01 to 611A.06:

(a) "crime" means conduct that is prohibited by local
ordinance and results in bodily harm to an individual; or
conduct that is included within the definition of "crime" in
section 609.02, subdivision 1, or would be included within that
definition but for the fact that (i) the person engaging in the
conduct lacked capacity to commit the crime under the laws of
this state, or (ii) the act was alleged or found to have been
committed by a juvenile;

(b) "victim" means a natural person who incurs loss or harm
as a result of a crime, including a good faith effort to prevent
a crime, and for purposes of sections 611A.04 and 611A.045, also
includes (i) a corporation that incurs loss or harm as a result
of a crime, (ii) a government entity that incurs loss or harm as
a result of a crime, and (iii) any other entity authorized to
receive restitution under section 609.10 or 609.125. deleted text begin If the
victim is a natural person and is deceased, "victim" means the
deceased's surviving spouse or next of kin deleted text end new text begin The term "victim"
includes the family members, guardian, or custodian of a minor,
incompetent, incapacitated, or deceased person. In a case where
the prosecutor finds that the number of family members makes it
impracticable to accord all of the family members the rights
described in sections 611A.02 to 611A.0395, the prosecutor shall
establish a reasonable procedure to give effect to those
rights. The procedure may not limit the number of victim impact
statements submitted to the court under section 611A.038. The
term "victim" does not include the person charged with or
alleged to have committed the crime new text end ; and

(c) "juvenile" has the same meaning as given to the term
"child" in section 260B.007, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 16.

Minnesota Statutes 2004, section 611A.036, is
amended to read:

611A.036 PROHIBITION AGAINST EMPLOYER RETALIATION.

new text begin Subdivision 1. new text end

new text begin Victim or witness. new text end

An employer deleted text begin or
employer's agent who threatens to discharge or discipline deleted text end new text begin must
allow new text end a victim or witness deleted text begin , or who discharges, disciplines, or
causes a victim or witness to be discharged from employment or
disciplined because the victim or the witness deleted text end new text begin who new text end is subpoenaed
or requested by the prosecutor to attend court for the purpose
of giving testimony deleted text begin , is guilty of a misdemeanor and may be
punished for contempt of court. In addition, the court shall
order the employer to offer job reinstatement to any victim or
witness discharged from employment in violation of this section,
and to pay the victim or witness back wages as
appropriate deleted text end new text begin reasonable time off from work to attend criminal
proceedings related to the victim's case new text end .

new text begin Subd. 2. new text end [VICTIM'S SPOUSE OR NEXT OF KIN.] new text begin An employer
must allow a victim of a heinous crime, as well as the victim's
spouse or next of kin, reasonable time off from work to attend
criminal proceedings related to the victim's case.
new text end

new text begin Subd. 3. new text end

new text begin Prohibited acts. new text end

new text begin An employer shall not
discharge, discipline, threaten, otherwise discriminate against,
or penalize an employee regarding the employee's compensation,
terms, conditions, location, or privileges of employment,
because the employee took reasonable time off from work to
attend a criminal proceeding pursuant to this section.
new text end

new text begin Subd. 4. new text end

new text begin Verification; confidentiality. new text end

new text begin An employee who
is absent from the workplace shall give reasonable advance
notice to the employer, unless an emergency prevents the
employee from doing so. Upon request of the employer, the
employee shall provide verification that supports the employee's
reason for being absent from the workplace. All information
related to the employee's leave pursuant to this section shall
be kept confidential by the employer.
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin An employer who violates this section
is guilty of a misdemeanor and may be punished for contempt of
court. In addition, the court shall order the employer to offer
job reinstatement to any employee discharged from employment in
violation of this section, and to pay the employee back wages as
appropriate.
new text end

new text begin Subd. 6. new text end

new text begin Civil action. new text end

new text begin In addition to any remedies
otherwise provided by law, an employee injured by a violation of
this section may bring a civil action for recovery for damages,
together with costs and disbursements, including reasonable
attorney fees, and may receive such injunctive and other
equitable relief, including reinstatement, as determined by the
court. Total damages recoverable under this section shall not
exceed lost wages for six weeks.
new text end

new text begin Subd. 7. new text end

new text begin Definition. new text end

new text begin As used in this section, "heinous
crime" means:
new text end

new text begin (1) a violation or attempted violation of section 609.185
or 609.19;
new text end

new text begin (2) a violation of section 609.195 or 609.221; or
new text end

new text begin (3) a violation of section 609.342, 609.343, or 609.344, if
the offense was committed with force or violence or if the
complainant was a minor at the time of the offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2004, section 611A.19, is
amended to read:

611A.19 TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY
VIRUS.

Subdivision 1.

Testing on request of victim.

(a) Upon
the request or with the consent of the victim, the prosecutor
shall make a motion in camera and the sentencing court shall
issue an order requiring an adult convicted of or a juvenile
adjudicated delinquent for violating section 609.342 (criminal
sexual conduct in the first degree), 609.343 (criminal sexual
conduct in the second degree), 609.344 (criminal sexual conduct
in the third degree), 609.345 (criminal sexual conduct in the
fourth degree), or any other violent crime, as defined in
section 609.1095, to submit to testing to determine the presence
of human immunodeficiency virus (HIV) antibody if:

(1) the crime involved sexual penetration, however slight,
as defined in section 609.341, subdivision 12; or

(2) evidence exists that the broken skin or mucous membrane
of the victim was exposed to or had contact with the offender's
semen or blood during the commission of the crime in a manner
which has been demonstrated epidemiologically to transmit the
human immunodeficiency virus (HIV).

(b) When the court orders an offender to submit to testing
under paragraph (a), the court shall order that the test be
performed by an appropriate health professional who is trained
to provide the counseling described in section 144.7414, and
that no reference to the test, the motion requesting the test,
the test order, or the test results may appear in the criminal
record or be maintained in any record of the court or court
services, except in the medical record maintained by the
Department of Corrections.

new text begin (c) The order shall include the name and contact
information of the victim's choice of health care provider.
new text end

Subd. 2.

Disclosure of test results.

The date and
results of a test performed under subdivision 1 are private data
as defined in section 13.02, subdivision 12, when maintained by
a person subject to chapter 13, or may be released only with the
subject's consent, if maintained by a person not subject to
chapter 13. The results are available, on request, to the
victim or, if the victim is a minor, to the victim's parent or
guardian and positive test results shall be reported to the
commissioner of health. Any test results new text begin shall be new text end given deleted text begin to a
victim or victim's parent or guardian shall be provided by a
health professional who is trained to provide the counseling
described in section 144.7414 deleted text end new text begin by the Department of Correction's
medical director to the victim's health care provider who shall
give the results to the victim or victim's parent or guardian new text end .
Data regarding administration and results of the test are not
accessible to any other person for any purpose and shall not be
maintained in any record of the court or court services or any
other record. After the test results are given to the victim or
the victim's parent or guardian, data on the test must be
removed from any medical data or health records maintained under
section 13.384 or 144.335 and destroyed, except for those
medical records maintained by the Department of Corrections.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 18.

Minnesota Statutes 2004, section 611A.53,
subdivision 1b, is amended to read:

Subd. 1b.

Minnesota residents injured elsewhere.

(a) A
Minnesota resident who is the victim of a crime committed
outside the geographical boundaries of this state but who
otherwise meets the requirements of this section shall have the
same rights under this chapter as if the crime had occurred
within this state upon a showing that the state, territory, deleted text begin or
deleted text end United States possession new text begin , country, or political subdivision of a
country new text end in which the crime occurred does not have a crime victim
reparations law covering the resident's injury or death.

(b) Notwithstanding paragraph (a), a Minnesota resident who
is the victim of a crime involving international terrorism who
otherwise meets the requirements of this section has the same
rights under this chapter as if the crime had occurred within
this state regardless of where the crime occurred or whether the
jurisdiction has a crime victims reparations law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to those seeking reparations on or after that date.
new text end

Sec. 19. new text begin SPECIAL REVENUE SPENDING AUTHORIZATION FROM
CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.
new text end

new text begin Remaining balances in the special revenue fund from
spending authorized by Laws 2001, First Special Session chapter
8, article 7, section 14, subdivision 1, for which spending
authorization ended June 30, 2003, under Laws 2001, First
Special Session, chapter 8, article 7, section 14, subdivision
3, are transferred to the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 20. new text begin TRANSFER OF RESPONSIBILITIES.
new text end

new text begin The responsibility of the Department of Employment and
Economic Development for the youth intervention program is
transferred to the Department of Public Safety.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 21. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes,
section 116L.30 as section 299A.73. The revisor shall also make
necessary cross-reference changes consistent with the
renumbering.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

ARTICLE 9

FIRE MARSHAL

Section 1.

Minnesota Statutes 2004, section 84.362, is
amended to read:

84.362 REMOVAL OF STRUCTURES.

Until after the sale of any parcel of tax-forfeited land,
whether classified as agricultural or nonagricultural hereunder,
the county auditor may, with the approval of the commissioner,
provide new text begin :
new text end

new text begin (1) new text end for the sale or demolition of any structure located
deleted text begin thereon, which deleted text end new text begin on the land that new text end has been determined by the
county board to be deleted text begin within the purview of section 299F.10,
deleted text end new text begin especially liable to fire or so situated as to endanger life or
limb or other buildings or property in the vicinity because of
age, dilapidated condition, defective chimney, defective
electric wiring, any gas connection, heating apparatus, or other
defect; new text end and

new text begin (2) new text end for the sale of salvage material, if any, therefrom.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 282.04,
subdivision 2, is amended to read:

Subd. 2.

Rights before sale; improvements, insurance,
demolition.

new text begin (a) new text end Before the sale of a parcel of forfeited land
the county auditor may, with the approval of the county board of
commissioners, provide for the repair and improvement of any
building or structure located upon the parcel, and may provide
for maintenance of tax-forfeited lands, if it is determined by
the county board that such repairs, improvements, or maintenance
are necessary for the operation, use, preservation new text begin , new text end and safety
of the building or structure.

new text begin (b) new text end If so authorized by the county board, the county
auditor may insure the building or structure against loss or
damage resulting from fire or windstorm, may purchase workers'
compensation insurance to insure the county against claims for
injury to the persons employed in the building or structure by
the county, and may insure the county, its officers and
employees against claims for injuries to persons or property
because of the management, use new text begin , new text end or operation of the building or
structure.

new text begin (c) new text end The county auditor may, with the approval of the county
board, provide new text begin :
new text end

new text begin (1) new text end for the demolition of the building or structure, which
has been determined by the county board to be deleted text begin within the purview
of section 299F.10, deleted text end new text begin especially liable to fire or so situated as
to endanger life or limb or other buildings or property in the
vicinity because of age, dilapidated condition, defective
chimney, defective electric wiring, any gas connection, heating
apparatus, or other defect; new text end and

new text begin (2) new text end for the sale of salvaged materials from the building or
structure.

new text begin (d) new text end The county auditor, with the approval of the county
board, may provide for the sale of abandoned personal property.
The sale may be made by the sheriff using the procedures for the
sale of abandoned property in section 345.15 or by the county
auditor using the procedures for the sale of abandoned property
in section 504B.271. The net proceeds from any sale of the
personal property, salvaged materials, timber or other products,
or leases made under this law must be deposited in the forfeited
tax sale fund and must be distributed in the same manner as if
the parcel had been sold.

new text begin (e) new text end The county auditor, with the approval of the county
board, may provide for the demolition of any structure on
tax-forfeited lands, if in the opinion of the county board, the
county auditor, and the land commissioner, if there is one, the
sale of the land with the structure on it, or the continued
existence of the structure by reason of age, dilapidated
condition or excessive size as compared with nearby structures,
will result in a material lessening of net tax capacities of
real estate in the vicinity of the tax-forfeited lands, or if
the demolition of the structure or structures will aid in
disposing of the tax-forfeited property.

new text begin (f) new text end Before the sale of a parcel of forfeited land located
in an urban area, the county auditor may with the approval of
the county board provide for the grading of the land by filling
or the removal of any surplus material from it. If the physical
condition of forfeited lands is such that a reasonable grading
of the lands is necessary for the protection and preservation of
the property of any adjoining owner, the adjoining property
owner or owners may apply to the county board to have the
grading done. If, after considering the application, the county
board believes that the grading will enhance the value of the
forfeited lands commensurate with the cost involved, it may
approve it, and the work must be performed under the supervision
of the county or city engineer, as the case may be, and the
expense paid from the forfeited tax sale fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 299F.011,
subdivision 7, is amended to read:

Subd. 7.

Fees.

deleted text begin A fee of $100 shall be charged by deleted text end The
state fire marshal new text begin shall charge a fee of $100 new text end for each plan
review involving:

(1) flammable liquids deleted text begin under Minnesota Rules, part
7510.3650 deleted text end ;

(2) motor vehicle fuel-dispensing stations deleted text begin under Minnesota
Rules, part 7510.3610 deleted text end ; or

(3) liquefied petroleum gases deleted text begin under Minnesota Rules, part
7510.3670 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

Minnesota Statutes 2004, section 299F.014, is
amended to read:

299F.014 RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK
VEHICLE PARKING.

(a) Any rule of the commissioner of public safety that
adopts provisions of the deleted text begin Uniform deleted text end new text begin State new text end Fire Code relating to
aboveground tanks for petroleum storage that are not used for
dispensing to the public is superseded by Minnesota Rules,
chapter 7151, in regard to: secondary containment, substance
transfer areas, tank and piping standards, overfill protection,
corrosion protection, leak detection, labeling, monitoring,
maintenance, record keeping, and decommissioning. If Minnesota
Rules, chapter 7151, does not address an issue relating to
aboveground tanks for petroleum storage that are not used for
dispensing to the public, any applicable provision of the
deleted text begin Uniform deleted text end new text begin State new text end Fire Code deleted text begin , 1997 Edition, shall apply deleted text end new text begin applies new text end .

(b) A motorized tank vehicle used to transport petroleum
products may be parked within 500 feet of a residence if the
vehicle is parked at an aboveground tank facility used for
dispensing petroleum into cargo tanks for sale at another
location.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5.

Minnesota Statutes 2004, section 299F.05, is
amended to read:

299F.05 LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.

Subdivision 1.

Investigation, arrest, and prosecution.

deleted text begin The state fire marshal, deleted text end On determining that reasonable grounds
exist to believe that a violation of sections 609.561 to 609.576
has occurred deleted text begin , deleted text end or deleted text begin reasonable grounds to believe deleted text end that some other
crime has occurred in connection with a fire investigated
pursuant to section 299F.04, new text begin the state fire marshal new text end shall so
inform the deleted text begin superintendent of the Bureau of Criminal
Apprehension. The superintendent deleted text end new text begin law enforcement authority
having jurisdiction, who new text end shall cooperate with the fire marshal
and local new text begin fire new text end officials in further investigating the reported
incident in a manner deleted text begin which deleted text end new text begin that new text end may include supervising and
directing the subsequent criminal investigation deleted text begin , deleted text end and taking the
testimony on oath of all persons supposed to be cognizant of any
facts relating to the matter under investigation. deleted text begin If the
superintendent believes deleted text end new text begin On determining new text end that there is evidence
sufficient to charge any person with a violation of sections
609.561 to 609.576, or of any other crime in connection with an
investigated fire, the deleted text begin superintendent deleted text end new text begin authority having
jurisdiction new text end shall deleted text begin arrest or cause deleted text end new text begin have new text end the person deleted text begin to be
deleted text end arrested and charged with the offense and furnish to the proper
prosecuting attorney all relevant evidence, together with the
copy of all names of witnesses and all the information obtained
by the deleted text begin superintendent deleted text end new text begin authority new text end or the state fire marshal,
including a copy of all pertinent and material testimony taken
in the case.

Subd. 2.

Information system.

The state fire marshal deleted text begin and
the superintendent of the Bureau of Criminal Apprehension deleted text end shall
maintain a record of arrests, charges filed, and final
disposition of all fires reported and investigated under
sections 299F.04 and 299F.05. For this purpose new text begin , the Department
of Public Safety shall implement new text end a single reporting system deleted text begin shall
be implemented by the Department of Public Safety deleted text end utilizing the
systems operated by the fire marshal deleted text begin and the bureau deleted text end . The system
deleted text begin shall deleted text end new text begin must new text end be operated in such a way as to minimize duplication
and discrepancies in reported figures.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 6.

Minnesota Statutes 2004, section 299F.051,
subdivision 4, is amended to read:

Subd. 4.

Cooperative investigation deleted text begin ; reimbursement deleted text end .

The
state fire marshal and the superintendent of the Bureau of
Criminal Apprehension shall encourage the cooperation of local
firefighters and peace officers in the investigation of
violations of sections 609.561 to 609.576 or other crimes
associated with reported fires in all appropriate ways deleted text begin ,
including providing reimbursement to political subdivisions at a
rate not to exceed 50 percent of the salaries of peace officers
and firefighters for time spent in attending fire investigation
training courses offered by the arson training unit. Volunteer
firefighters from a political subdivision shall be reimbursed at
the rate of $35 per day plus expenses incurred in attending fire
investigation training courses offered by the arson training
unit. Reimbursement shall be made only in the event that both a
peace officer and a firefighter from the same political
subdivision attend the same training course. The reimbursement
shall be subject to the limitation of funds appropriated and
available for expenditure. The state fire marshal and the
superintendent also shall encourage local firefighters and peace
officers to seek assistance from the arson strike force
established in section 299F.058 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 7.

Minnesota Statutes 2004, section 299F.06,
subdivision 1, is amended to read:

Subdivision 1.

Summon witnesses; produce documentary
evidence.

(a) In order to establish if reasonable grounds exist
to believe that a violation of sections 609.561 to 609.576 deleted text begin , deleted text end has
occurred, or to determine compliance with the deleted text begin Uniform deleted text end new text begin State new text end Fire
Code or corrective orders issued deleted text begin thereunder deleted text end new text begin under that code new text end , the
state fire marshal and the staff designated by the state fire
marshal deleted text begin shall have the power deleted text end new text begin , new text end in any county of the state deleted text begin to deleted text end new text begin , may
new text end summon and compel the attendance of witnesses to testify before
the state fire marshal, chief assistant fire marshal, or deputy
state fire marshals deleted text begin , deleted text end and may require the production of any book,
paper, or document deemed pertinent. deleted text begin The state fire marshal may
also designate certain individuals from fire departments in
cities of the first class and cities of the second class as
having the powers set forth in this paragraph. These designated
individuals may only exercise their powers in a manner
prescribed by the state fire marshal. "Fire department" has the
meaning given in section 299F.092, subdivision 6. "Cities of
the first class" and "cities of the second class" have the
meanings given in section 410.01.
deleted text end

(b) A summons issued under this subdivision deleted text begin shall deleted text end new text begin must new text end be
served in the same manner and deleted text begin have deleted text end new text begin has new text end the same effect as
deleted text begin subpoenas deleted text end new text begin a subpoena issued new text end from new text begin a new text end district deleted text begin courts deleted text end new text begin court new text end . All
witnesses deleted text begin shall deleted text end new text begin must new text end receive the same compensation as is paid to
witnesses in district courts, which deleted text begin shall deleted text end new text begin must new text end be paid out of
the fire marshal fund upon deleted text begin vouchers deleted text end new text begin a voucher certificate new text end signed
by the state fire marshal, chief assistant fire marshal, or
deputy fire marshal before whom any witnesses deleted text begin shall deleted text end have
attended and this officer shall, at the close of the
investigation deleted text begin wherein deleted text end new text begin in which new text end the witness was subpoenaed,
certify to the attendance and mileage of the witness deleted text begin , which deleted text end new text begin .
This new text end certificate deleted text begin shall deleted text end new text begin must new text end be filed in the Office of the State
Fire Marshal. All investigations held by or under the direction
of the state fire marshal deleted text begin , deleted text end or any subordinate deleted text begin , deleted text end may new text begin , new text end in the state
fire marshal's discretion new text begin , new text end be private and persons other than
those required to be present by the provisions of this chapter
may be excluded from the place where the investigation is held,
and witnesses may be kept separate and apart from each other and
not allowed to communicate with each other until they have been
examined.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 299F.19,
subdivision 1, is amended to read:

Subdivision 1.

Rules.

The commissioner of public safety
shall adopt rules for the safekeeping, storage, handling, use,
or other disposition of deleted text begin flammable liquids, flammable gases,
deleted text end blasting agents deleted text begin , deleted text end and explosives. Loads carried in or on
vehicles transporting deleted text begin such deleted text end new text begin these new text end products upon public highways
within this state deleted text begin shall be deleted text end new text begin are new text end governed by the uniform vehicle
size and weights provisions in sections 169.80 to 169.88 and the
transportation of hazardous materials provisions of section
221.033. deleted text begin The rules for flammable liquids and flammable gases
shall be distinguished from each other and from the rules
covering other materials subject to regulation under this
subdivision.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 9.

Minnesota Statutes 2004, section 299F.19,
subdivision 2, is amended to read:

Subd. 2.

Blasting agent defined; explosives classified.

deleted text begin (a) deleted text end For the purposes of this section deleted text begin , deleted text end and the rules adopted
pursuant deleted text begin thereto, the term deleted text end new text begin to this section:
new text end

new text begin (a) " new text end Blasting agent new text begin " new text end means any material or mixture,
consisting of a fuel and oxidizer, intended for blasting, not
otherwise classified as an explosive and in which none of the
ingredients is classified as an explosive deleted text begin , deleted text end new text begin ; new text end providing that new text begin , new text end the
finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a number 8 test blasting cap
when unconfined. deleted text begin The term deleted text end new text begin " new text end Blasting agent new text begin " new text end does not include
flammable liquids or flammable gases.

(b) deleted text begin For the purposes of this section, and the rules adopted
pursuant thereto, deleted text end new text begin "Explosive" means any chemical compound,
mixture, or device, the primary or common purpose of which is to
function by explosion. The term includes, but is not limited
to, dynamite, black powder, pellet powder, initiating
explosives, detonators, safety fuses, squibs, detonating cord,
igniter cord, igniters, display fireworks, and class 1.3G
fireworks (formerly classified as Class B special fireworks).
"Explosive" includes any material determined to be within the
scope of United States Code, title 18, chapter 40, and also
includes any material classified as an explosive other than
consumer fireworks, 1.4G (Class C, Common), by the hazardous
materials regulations of the United States Department of
Transportation (DOTn) in Code of Federal Regulations, title 49.
new text end

new text begin (c) new text end Explosives are divided into deleted text begin three classes deleted text end new text begin four
categories new text end and are defined as follows:

deleted text begin (1) class A explosives: possessing detonating or otherwise
maximum hazard, such as dynamite, nitroglycerin, picric acid,
lead azide, fulminate of mercury, blasting caps, and detonating
primers;
deleted text end

deleted text begin (2) class B explosives: possessing flammable hazard, such
as propellant explosives (including some smokeless powders),
black powder, photographic flash powders, and some special
fireworks;
deleted text end

deleted text begin (3) class C explosives: includes certain types of
manufactured articles which contain class A, or class B
explosives, or both, as components but in restricted quantities.
deleted text end

deleted text begin The term explosive or explosives means any chemical compound,
mixture or device, the primary or common purpose of which is to
function by explosion; that is, with substantially instantaneous
release of gas and heat, unless such compound, mixture, or
device is otherwise specifically classified by the United States
Department of Transportation. The term explosives includes all
material which is classified as class A, class B, and class C
explosives by the United States Department of Transportation,
and includes, but is not limited to dynamite, black powder,
pellet powder, initiating explosives, blasting caps, electric
blasting caps, safety fuse, fuse lighters, fuse igniters,
squibs, cordeau detonate fuse, instantaneous fuse, igniter cord,
igniters, and some special fireworks. Commercial explosives are
those explosives which are intended to be used in commercial or
industrial operation. The term explosives does not include
flammable liquids or flammable gases.
deleted text end

new text begin (1) High explosive: explosive material, such as dynamite,
that can be caused to detonate by means of a number eight test
blasting cap when unconfined.
new text end

new text begin (2) Low explosive: explosive material that will burn or
deflagrate when ignited, characterized by a rate of reaction
that is less than the speed of sound, including, but not limited
to, black powder, safety fuse, igniters, igniter cord, fuse
lighters, class 1.3G fireworks (formerly classified as Class B
special fireworks), and class 1.3C propellants.
new text end

new text begin (3) Mass-detonating explosives: division 1.1, 1.2, and 1.5
explosives alone or in combination, or loaded into various types
of ammunition or containers, most of which can be expected to
explode virtually instantaneously when a small portion is
subjected to fire, severe concussion, impact, the impulse of an
initiating agent, or the effect of a considerable discharge of
energy from without. Materials that react in this manner
represent a mass explosion hazard. Such an explosive will
normally cause severe structural damage to adjacent objects.
Explosive propagation could occur immediately to other items of
ammunition and explosives stored sufficiently close to and not
adequately protected from the initially exploding pile with a
time interval short enough so that two or more quantities must
be considered as one for quantity-distance purposes.
new text end

new text begin (4) United Nations/United States Department of
Transportation (UN/DOTn) Class 1 explosives: the hazard class
of explosives that further defines and categorizes explosives
under the current system applied by DOTn for all explosive
materials into further divisions as follows, with the letter G
identifying the material as a pyrotechnic substance or article
containing a pyrotechnic substance and similar materials:
new text end

new text begin (i) Division 1.1 explosives have a mass explosion hazard.
A mass explosion is one that affects almost the entire load
instantaneously.
new text end

new text begin (ii) Division 1.2 explosives have a projection hazard but
not a mass explosion hazard.
new text end

new text begin (iii) Division 1.3 explosives have a fire hazard and either
a minor blast hazard or a minor projection hazard or both, but
not a mass explosion hazard.
new text end

new text begin (iv) Division 1.4 explosives pose a minor explosion
hazard. The explosive effects are largely confined to the
package and no projection of fragments of appreciable size or
range is to be expected. An external fire must not cause
virtually instantaneous explosion of almost the entire contents
of the package.
new text end

new text begin (v) Division 1.5 explosives are very insensitive and are
comprised of substances that have a mass explosion hazard, but
are so insensitive that there is very little probability of
initiation or of transition from burning to detonation under
normal conditions of transport.
new text end

new text begin (vi) Division 1.6 explosives are extremely insensitive and
do not have a mass explosion hazard, comprised of articles that
contain only extremely insensitive detonating substances and
that demonstrate a negligible probability of accidental
initiation or propagation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 10.

Minnesota Statutes 2004, section 299F.362,
subdivision 3, is amended to read:

Subd. 3.

Smoke detector for any dwelling.

Every dwelling
unit within a dwelling deleted text begin shall deleted text end new text begin must new text end be provided with a smoke
detector meeting the requirements of deleted text begin Underwriters Laboratories,
Inc., or approved by the International Conference of Building
Officials deleted text end new text begin the State Fire Code new text end . The detector deleted text begin shall deleted text end new text begin must new text end be
mounted in accordance with the rules regarding smoke detector
location deleted text begin promulgated deleted text end new text begin adopted new text end under deleted text begin the provisions of deleted text end subdivision
2. When actuated, the detector deleted text begin shall deleted text end new text begin must new text end provide an alarm in
the dwelling unit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 11.

Minnesota Statutes 2004, section 299F.362,
subdivision 4, is amended to read:

Subd. 4.

Smoke detector for apartment, lodging house, or
hotel.

Every dwelling unit within an apartment house and every
guest room in a lodging house or hotel used for sleeping
purposes deleted text begin shall deleted text end new text begin must new text end be provided with a smoke detector conforming
to the requirements of deleted text begin Underwriters Laboratories, Inc., or
approved by the International Conference of Building
Officials deleted text end new text begin the State Fire Code new text end . In dwelling units, detectors
deleted text begin shall deleted text end new text begin must new text end be mounted in accordance with the rules regarding
smoke detector location deleted text begin promulgated deleted text end new text begin adopted new text end under deleted text begin the provisions
of deleted text end subdivision 2. When actuated, the detector deleted text begin shall deleted text end new text begin must
new text end provide an alarm in the dwelling unit or guest room.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 12.

Minnesota Statutes 2004, section 299F.391,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section
the following definitions shall apply:

(a) deleted text begin "Lodging house" means any building or portion thereof
containing not more than five guest rooms which are used or
intended to be used for sleeping purposes by guests and where
rent is paid in money, goods, labor or otherwise deleted text end new text begin "Dormitory"
means all or a portion of a building containing one or more
rooms for group sleeping or closely associated rooms used for
sleeping new text end .

(b) "Hospital" has the meaning given it in section 144.50.

(c) "Hotel" means deleted text begin any building or portion thereof
containing six or more guest rooms intended or designed to be
used, or which are deleted text end new text begin a hotel, motel, resort, boarding house, bed
and breakfast, furnished apartment house, or other building that
is kept, new text end used, deleted text begin rented, hired out to be occupied, or which are
occupied for deleted text end new text begin advertised, or held out to the public as a place
where new text end sleeping deleted text begin purposes by deleted text end new text begin or housekeeping accommodations are
supplied for pay to new text end guests deleted text begin , and which is required to be licensed
pursuant to chapter 157 deleted text end new text begin for transient occupancy new text end .

(d) "Nursing home" has the meaning given it in section
144A.01.

deleted text begin (e) "School" means any public or private school or
educational institution.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 13.

Minnesota Statutes 2004, section 299F.46,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin hotel deleted text end inspection new text begin of hotels and other
lodging facilities new text end .

(a) deleted text begin It shall be the duty of deleted text end The
commissioner of public safety deleted text begin to deleted text end new text begin shall new text end inspect deleted text begin , deleted text end or deleted text begin cause to
be deleted text end new text begin have new text end inspected deleted text begin , deleted text end at least once every three years deleted text begin , deleted text end every hotel
deleted text begin in this state; deleted text end and deleted text begin , deleted text end new text begin other lodging facility with five or more
guest rooms, dormitories, youth or family camps, and juvenile
group home buildings. new text end For that purpose, the commissioner deleted text begin , or
the commissioner's deputies or designated alternates or agents,
shall have the right to deleted text end new text begin may new text end enter or deleted text begin have deleted text end access deleted text begin thereto
deleted text end new text begin lodging facility buildings new text end at any reasonable hour deleted text begin ; and, when,
upon such inspection, it shall be found that the hotel so
inspected does not conform to or is not being operated in
accordance with the provisions of sections 157.011 and 157.15 to
157.22, in so far as the same relate to fire prevention or fire
protection of hotels, or the rules promulgated thereunder, or is
being deleted text end new text begin . These buildings must be new text end maintained or operated in deleted text begin such
manner as to violate the Minnesota deleted text end new text begin accordance with the new text end State
Fire Code promulgated pursuant to section 299F.011 or any other
law of this state relating to fire prevention and fire
protection deleted text begin of hotels, the commissioner and the deputies or
designated alternates or agents shall report such a situation to
the hotel inspector who shall proceed as provided for in chapter
157 deleted text end .

(b) The deleted text begin word deleted text end new text begin words new text end "hotel" deleted text begin , deleted text end new text begin and "dormitory," new text end as used in
this deleted text begin subdivision, has deleted text end new text begin section, have new text end the deleted text begin meaning deleted text end new text begin meanings new text end given
in section 299F.391.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 14.

Minnesota Statutes 2004, section 299F.46,
subdivision 3, is amended to read:

Subd. 3.

Inspection fees.

(a) For each hotel new text begin or
dormitory with 35 or more rooms and new text end required to have a fire
inspection according to subdivision 1, the commissioner of
public safety may charge deleted text begin each hotel deleted text end a triennial inspection fee
of $435 and a per-room charge of deleted text begin $5 for one to 18 units, $6 for
19 to 35 units, $7 for 36 to 100 units, deleted text end new text begin $7 for 35 to 99 units
new text end and $8 for 100 or more units new text begin , or a per bed charge of 50 cents
for beds in a group sleeping area new text end . deleted text begin The fee includes one
follow-up inspection. The commissioner shall charge each resort
a triennial inspection fee of $435 and a per room charge of $5
for one to ten units, $6 for 11 to 25 units, and $7 for 26 or
more units. deleted text end new text begin These fees include one follow-up inspection.
new text end

The commissioner shall charge a fee of $225 for each additional
follow-up inspection for deleted text begin hotels and resorts deleted text end new text begin these buildings new text end ,
conducted in each three-year cycle that is necessary to bring
the deleted text begin hotel or resort deleted text end new text begin building new text end into compliance with the State Fire
Code.

(b) Nothing in this subdivision prevents the
designated new text begin local government new text end agent new text begin , as defined in subdivision 2,
new text end from continuing to charge an new text begin established new text end inspection fee or from
establishing a new inspection fee.

(c) Hotels and motels with fewer than 35 rooms and resorts
classified as 1c under section 273.13 are exempt from the fee
requirements of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 15.

Minnesota Statutes 2004, section 325F.04, is
amended to read:

325F.04 FLAME RESISTANT TENTS AND SLEEPING BAGS.

new text begin (a) new text end No person, firm or corporation may sell or offer for
sale or manufacture for sale in this state any tent unless all
fabrics or pliable materials in the tent are durably flame
resistant. No person, firm or corporation may sell or offer for
sale or manufacture for sale in this state any sleeping bag
unless it meets the standards of the commissioner of public
safety for flame resistancy. Tents and sleeping bags shall be
conspicuously labeled as being durably flame resistant.

new text begin (b) Paragraph (a) does not apply to one and two-person
backpacking tents.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2004, section 624.22,
subdivision 1, is amended to read:

Subdivision 1.

General requirements; permit;
investigation; fee.

(a) Sections 624.20 to 624.25 do not
prohibit the supervised display of fireworks by a statutory or
home rule charter city, fair association, amusement park, or
other organization, except that:

(1) a fireworks display may be conducted only when
supervised by an operator certified by the state fire marshal;
and

(2) a fireworks display must either be given by a
municipality or fair association within its own limits, or by
any other organization, whether public or private, only after a
permit for the display has first been secured.

(b) An application for a permit for an outdoor fireworks
display must be made in writing to the municipal clerk at least
15 days in advance of the date of the display and must list the
name of an operator who is certified by the state fire marshal
and will supervise the display. The application must be
promptly referred to the chief of the fire department, who shall
make an investigation to determine whether the operator of the
display is competent and is certified by the state fire marshal,
and whether the display is of such a character and is to be so
located, discharged, or fired that it will not be hazardous to
property or endanger any person. The fire chief shall report
the results of this investigation to the clerk. If the fire
chief reports that the operator is certified, that in the
chief's opinion the operator is competent, and that the
fireworks display as planned will conform to the safety
guidelines of the state fire marshal provided for in paragraph
(f), the clerk shall issue a permit for the display when the
applicant pays a permit fee.

(c) When the supervised outdoor fireworks display for which
a permit is sought is to be held outside the limits of an
incorporated municipality, the application must be made to the
county auditor, and the auditor shall perform duties imposed by
sections 624.20 to 624.25 upon the clerk of the municipality.
When an application is made to the auditor, the county sheriff
shall perform the duties imposed on the fire chief of the
municipality by sections 624.20 to 624.25.

(d) An application for an indoor fireworks display permit
must be made in writing to the state fire marshal by the
operator of the facility in which the display is to occur at
least 15 days in advance of the date of any performance, show,
or event which will include the discharge of fireworks inside a
building or structure. The application must list the name of an
operator who is certified by the state fire marshal and will
supervise the display. The state fire marshal shall make an
investigation to determine whether the operator of the display
is competent and is properly certified and whether the display
is of such a character and is to be so located, discharged, or
fired that it will not be hazardous to property or endanger any
person. If the state fire marshal determines that the operator
is certified and competent, that the indoor fireworks display as
planned will conform to the safety guidelines provided for in
paragraph (f), and that adequate notice will be given to inform
patrons of the indoor fireworks display, the state fire marshal
shall issue a permit for the display when the applicant pays an
indoor fireworks fee of $150 and reimburses the fire marshal for
costs of inspection. Receipts from the indoor fireworks fee and
inspection reimbursements must be deposited in the general fund
as a nondedicated receipt. The state fire marshal may issue a
single permit for multiple indoor fireworks displays when all of
the displays are to take place at the same venue as part of a
series of performances by the same performer or group of
performers. A copy of the application must be promptly conveyed
to the chief of the local fire department, who shall make
appropriate preparations to ensure public safety in the vicinity
of the display. The operator of a facility where an indoor
fireworks display occurs must provide notice in a prominent
place as approved by the state fire marshal to inform patrons
attending a performance when indoor fireworks will be part of
that performance. The state fire marshal may grant a local fire
chief the authority to issue permits for indoor fireworks
displays. Before issuing a permit, a local fire chief must make
the determinations required in this paragraph.

(e) After a permit has been granted under either paragraph
(b) or (d), sales, possession, use and distribution of fireworks
for a display are lawful for that purpose only. A permit is not
transferable.

(f) The state fire marshal shall adopt and disseminate to
political subdivisions rules establishing guidelines on
fireworks display safety that are consistent with sections
624.20 to 624.25 and the most recent deleted text begin editions deleted text end new text begin edition new text end of the
deleted text begin Minnesota Uniform deleted text end new text begin State new text end Fire Code deleted text begin and the National Fire
Protection Association Standards deleted text end , to insure that fireworks
displays are given safely. In the guidelines, the state fire
marshal shall allow political subdivisions to exempt the use of
relatively safe fireworks for theatrical special effects,
ceremonial occasions, and other limited purposes, as determined
by the state fire marshal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 17. new text begin INSTRUCTION TO REVISOR.
new text end

new text begin The revisor of statutes shall change the terms "Minnesota
Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code"
where found in Minnesota Statutes, sections 16B.61, subdivision
2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011,
subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015,
subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6;
299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391,
subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and
462.3585.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 69.011, subdivision 5;
299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451;
and 299F.452, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

ARTICLE 10

EMERGENCY COMMUNICATIONS

Section 1.

Minnesota Statutes 2004, section 237.70,
subdivision 7, is amended to read:

Subd. 7.

Application, notice, financial administration,
complaint investigation.

The telephone assistance plan must be
administered jointly by the commission, the Department of
Commerce, and the local service providers in accordance with the
following guidelines:

(a) The commission and the Department of Commerce shall
develop an application form that must be completed by the
subscriber for the purpose of certifying eligibility for
telephone assistance plan credits to the local service
provider. The application must contain the applicant's Social
Security number. Applicants who refuse to provide a Social
Security number will be denied telephone assistance plan
credits. The application form must also include a statement
that the applicant household is currently eligible for one of
the programs that confers eligibility for the federal Lifeline
Program. The application must be signed by the applicant,
certifying, under penalty of perjury, that the information
provided by the applicant is true.

(b) Each local service provider shall annually mail a
notice of the availability of the telephone assistance plan to
each residential subscriber in a regular billing and shall mail
the application form to customers when requested.

The notice must state the following:

YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE
PROGRAMS. FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE
CONTACT .........

(c) An application may be made by the subscriber, the
subscriber's spouse, or a person authorized by the subscriber to
act on the subscriber's behalf. On completing the application
certifying that the statutory criteria for eligibility are
satisfied, the applicant must return the application to the
subscriber's local service provider. On receiving a completed
application from an applicant, the subscriber's local service
provider shall provide telephone assistance plan credits against
monthly charges in the earliest possible month following receipt
of the application. The applicant must receive telephone
assistance plan credits until the earliest possible month
following the service provider's receipt of information that the
applicant is ineligible.

If the telephone assistance plan credit is not itemized on the
subscriber's monthly charges bill for local telephone service,
the local service provider must notify the subscriber of the
approval for the telephone assistance plan credit.

(d) The commission shall serve as the coordinator of the
telephone assistance plan and be reimbursed for its
administrative expenses from the surcharge revenue pool. As the
coordinator, the commission shall:

(1) establish a uniform statewide surcharge in accordance
with subdivision 6;

(2) establish a uniform statewide level of telephone
assistance plan credit that each local service provider shall
extend to each eligible household in its service area;

(3) require each local service provider to account to the
commission on a periodic basis for surcharge revenues collected
by the provider, expenses incurred by the provider, not to
include expenses of collecting surcharges, and credits extended
by the provider under the telephone assistance plan;

(4) require each local service provider to remit surcharge
revenues to the Department of deleted text begin Administration deleted text end new text begin Public Safety new text end for
deposit in the fund; and

(5) remit to each local service provider from the surcharge
revenue pool the amount necessary to compensate the provider for
expenses, not including expenses of collecting the surcharges,
and telephone assistance plan credits. When it appears that the
revenue generated by the maximum surcharge permitted under
subdivision 6 will be inadequate to fund any particular
established level of telephone assistance plan credits, the
commission shall reduce the credits to a level that can be
adequately funded by the maximum surcharge. Similarly, the
commission may increase the level of the telephone assistance
plan credit that is available or reduce the surcharge to a level
and for a period of time that will prevent an unreasonable
overcollection of surcharge revenues.

(e) Each local service provider shall maintain adequate
records of surcharge revenues, expenses, and credits related to
the telephone assistance plan and shall, as part of its annual
report or separately, provide the commission and the Department
of Commerce with a financial report of its experience under the
telephone assistance plan for the previous year. That report
must also be adequate to satisfy the reporting requirements of
the federal matching plan.

(f) The Department of Commerce shall investigate complaints
against local service providers with regard to the telephone
assistance plan and shall report the results of its
investigation to the commission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 403.02,
subdivision 7, is amended to read:

Subd. 7.

Automatic location identification.

"Automatic
location identification" means the process of electronically
identifying and displaying deleted text begin on a special viewing screen deleted text end the name
of the subscriber and the location, where available, of the
calling telephone number to a person answering a 911 emergency
call.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 403.02,
subdivision 13, is amended to read:

Subd. 13.

Enhanced 911 service.

"Enhanced 911 service"
means the use of deleted text begin selective routing, deleted text end automatic location
identification deleted text begin , deleted text end or local location identification as part of
local 911 service new text begin provided by an enhanced 911 system consisting
of a common 911 network and database and customer data and
network components connecting to the common 911 network and
database new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2004, section 403.02,
subdivision 17, is amended to read:

Subd. 17.

911 service.

"911 service" means a
telecommunications service that automatically connects a person
dialing the digits 911 to an established public safety answering
point. 911 service includes:

(1) deleted text begin equipment for connecting and outswitching 911 calls
within a telephone central office, trunking facilities from the
central office to a public safety answering point deleted text end new text begin customer data
and network components connecting to the common 911 network and
database new text end ;

(2) new text begin common 911 network and database new text end equipment, as
appropriate, for automatically selectively routing 911 calls deleted text begin in
situations where one telephone central office serves more than
one deleted text end new text begin to the new text end public safety answering point new text begin serving the caller's
jurisdiction new text end ; and

(3) provision of automatic location identification if the
public safety answering point has the capability of providing
that service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2004, section 403.02, is
amended by adding a subdivision to read:

new text begin Subd. 17a. new text end

new text begin 911 emergency telecommunications service
provider. new text end

new text begin "911 emergency telecommunications service provider"
means a telecommunications service provider or other entity,
determined by the commissioner to be capable of providing
effective and efficient components of the 911 system, that
provides all or portions of the network and database for
automatically selectively routing 911 calls to the public safety
answering point serving the caller's jurisdiction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2004, section 403.025,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin wire-line deleted text end new text begin connected telecommunications service
provider new text end requirements.

Every owner and operator of a
wire-line new text begin or wireless circuit switched or packet-based
new text end telecommunications system new text begin connected to the public switched
telephone network new text end shall design and maintain the system to dial
the 911 number without charge to the caller.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2004, section 403.025,
subdivision 7, is amended to read:

Subd. 7.

Contractual requirements.

(a) The state,
together with the county or other governmental agencies
operating public safety answering points, shall contract with
the appropriate wire-line telecommunications service
providers new text begin or other entities determined by the commissioner to be
capable of providing effective and efficient components of the
911 system new text end for the operation, maintenance, enhancement, and
expansion of the 911 system.

(b) The state shall contract with the appropriate wireless
telecommunications service providers for maintaining, enhancing,
and expanding the 911 system.

(c) The contract language or subsequent amendments to the
contract must include a description of the services to be
furnished deleted text begin by wireless and wire-line telecommunications service
providers deleted text end to the county or other governmental agencies operating
public safety answering points deleted text begin , as well as compensation based on
the effective tariff or price list approved by the Public
Utilities Commission deleted text end . The contract language or subsequent
amendments must include the terms of compensation based on the
effective tariff or price list filed with the Public Utilities
Commission or the prices agreed to by the parties.

(d) The contract language or subsequent amendments to
contracts between the parties must contain a provision for
resolving disputes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2004, section 403.05,
subdivision 3, is amended to read:

Subd. 3.

Agreements for service.

Each county and any
other governmental agency shall contract with the state and
wire-line telecommunications service providers new text begin or other entities
determined by the commissioner to be capable of providing
effective and efficient components of the 911 system new text end for the
recurring and nonrecurring costs associated with operating and
maintaining 911 emergency communications systems.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2004, section 403.07,
subdivision 3, is amended to read:

Subd. 3.

Database.

In 911 systems that have been
approved by the commissioner for a local location identification
database, each wire-line telecommunications service provider
shall provide current customer names, service addresses, and
telephone numbers to each public safety answering point within
the 911 system and shall update the information according to a
schedule prescribed by the county 911 plan. Information
provided under this subdivision must be provided in accordance
with the transactional record disclosure requirements of the
federal deleted text begin Electronic deleted text end Communications deleted text begin Privacy deleted text end Act of deleted text begin 1986 deleted text end new text begin 1932 new text end ,
United States Code, title deleted text begin 18 deleted text end new text begin 47 new text end , section deleted text begin 2703 deleted text end new text begin 222 new text end ,
subsection deleted text begin (c), paragraph (1), subparagraph (B)(iv) deleted text end new text begin (g) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2004, section 403.08,
subdivision 10, is amended to read:

Subd. 10.

Plan integration.

Counties shall incorporate
the statewide design when modifying county 911 plans to provide
for integrating wireless 911 service into existing county 911
systems. The commissioner shall contract with the involved
wireless service providers and 911 new text begin emergency telecommunications
new text end service providers to integrate cellular and other wireless
services into existing 911 systems where feasible.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2004, section 403.11,
subdivision 1, is amended to read:

Subdivision 1.

Emergency telecommunications service fee new text begin ;
account new text end .

(a) Each customer of a wireless or wire-line new text begin switched
or packet-based new text end telecommunications service provider new text begin connected to
the public switched telephone network new text end that furnishes service
capable of originating a 911 emergency telephone call is
assessed a fee new text begin based upon the number of wired or wireless
telephone lines, or their equivalent, new text end to cover the costs of
ongoing maintenance and related improvements for trunking and
central office switching equipment for 911 emergency
telecommunications service, plus administrative and staffing
costs of the commissioner related to managing the 911 emergency
telecommunications service program. Recurring charges by a
wire-line telecommunications service provider for updating the
information required by section 403.07, subdivision 3, must be
paid by the commissioner if the wire-line telecommunications
service provider is included in an approved 911 plan and the
charges are made pursuant to tariff, price list, or contract.
The fee assessed under this section must also be used for the
purpose of offsetting the costs, including administrative and
staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made
from wireless phones.

(b) Money remaining in the 911 emergency telecommunications
service account after all other obligations are paid must not
cancel and is carried forward to subsequent years and may be
appropriated from time to time to the commissioner to provide
financial assistance to counties for the improvement of local
emergency telecommunications services. The improvements may
include providing access to 911 service for telecommunications
service subscribers currently without access and upgrading
existing 911 service to include automatic number identification,
local location identification, automatic location
identification, and other improvements specified in revised
county 911 plans approved by the commissioner.

(c) new text begin Until June 30, 2006, new text end the fee may not be less than eight
cents nor more than deleted text begin 40 deleted text end new text begin 65 new text end cents a month for each customer access
line or other basic access service, including trunk equivalents
as designated by the Public Utilities Commission for access
charge purposes and including wireless telecommunications
services. new text begin Effective July 1, 2006, the fee may not be less than
eight cents nor more than 50 cents a month for each customer
access line or other basic access service, including trunk
equivalents as designated by the commission for access charge
purposes and including wireless telecommunications services.
new text end With the approval of the commissioner of finance, the
commissioner of public safety shall establish the amount of the
fee within the limits specified and inform the companies and
carriers of the amount to be collected. When the revenue bonds
authorized under section 403.27, subdivision 1, have been fully
paid or defeased, the commissioner shall reduce the fee to
reflect that debt service on the bonds is no longer needed. The
commissioner shall provide companies and carriers a minimum of
45 days' notice of each fee change. The fee must be the same
for all customers.

(d) The fee must be collected by each wireless or wire-line
telecommunications service provider subject to the fee. Fees
are payable to and must be submitted to the commissioner monthly
before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due.
Receipts must be deposited in the state treasury and credited to
a 911 emergency telecommunications service account in the
special revenue fund. The money in the account may only be used
for 911 telecommunications services.

(e) This subdivision does not apply to customers of
interexchange carriers.

(f) The installation and recurring charges for integrating
wireless 911 calls into enhanced 911 systems must be paid by the
commissioner if the 911 service provider is included in the
statewide design plan and the charges are made pursuant to
tariff, price list, or contract.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 12.

Minnesota Statutes 2004, section 403.11,
subdivision 3, is amended to read:

Subd. 3.

Method of payment.

(a) Any wireless or
wire-line telecommunications service provider incurring
reimbursable costs under subdivision 1 shall submit an invoice
itemizing rate elements by county or service area to the
commissioner for 911 services furnished under tariff, price
list, or contract. Any wireless or wire-line telecommunications
service provider is eligible to receive payment for 911 services
rendered according to the terms and conditions specified in the
contract. Competitive local exchange carriers holding
certificates of authority from the Public Utilities Commission
are eligible to receive payment for recurring 911 services
provided after July 1, 2001. The commissioner shall pay the
invoice within 30 days following receipt of the invoice unless
the commissioner notifies the service provider that the
commissioner disputes the invoice.

(b) The commissioner shall estimate the amount required to
reimburse new text begin 911 emergency telecommunications service providers and
new text end wireless and wire-line telecommunications service providers for
the state's obligations under subdivision 1 and the governor
shall include the estimated amount in the biennial budget
request.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 13.

Minnesota Statutes 2004, section 403.11,
subdivision 3a, is amended to read:

Subd. 3a.

Timely certification.

A certification must be
submitted to the commissioner no later than deleted text begin two years deleted text end new text begin one year
new text end after commencing a new or additional eligible 911 service. Any
wireless or wire-line telecommunications service provider
incurring reimbursable costs under this section at any time
before January 1, 2003, may certify those costs for payment to
the commissioner according to this section for a period of 90
days after January 1, 2003. During this period, the
commissioner shall reimburse any wireless or wire-line
telecommunications service provider for approved, certified
costs without regard to any contrary provision of this
subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to contracts entered into
on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 403.113,
subdivision 1, is amended to read:

Subdivision 1.

Fee.

(a) Each customer receiving service
from a wireless or wire-line new text begin switched or packet-based
new text end telecommunications service provider new text begin connected to the public
telephone network that furnishes service capable of originating
a 911 emergency telephone call new text end is assessed a fee to fund
implementation, operation, maintenance, enhancement, and
expansion of enhanced 911 service, including acquisition of
necessary equipment and the costs of the commissioner
to new text begin administer new text end the program. The actual fee assessed under
section 403.11 and the enhanced 911 service fee must be
collected as one amount and may not exceed the amount specified
in section 403.11, subdivision 1, paragraph (c).

(b) The enhanced 911 service fee must be collected and
deposited in the same manner as the fee in section 403.11 and
used solely for the purposes of paragraph (a) and subdivision 3.

(c) The commissioner, in consultation with counties and 911
system users, shall determine the amount of the enhanced 911
service fee. The fee must include at least ten cents per month
to be distributed under subdivision 2. The commissioner shall
inform wireless and wire-line telecommunications service
providers that provide service capable of originating a 911
emergency telephone call of the total amount of the 911 service
fees in the same manner as provided in section 403.11.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 15.

Minnesota Statutes 2004, section 403.21,
subdivision 8, is amended to read:

Subd. 8.

Subsystems.

"Subsystems" or "public safety
radio subsystems" means systems identified in the plan new text begin or a plan
developed under section 403.36 new text end as subsystems interconnected by
the system backbone deleted text begin in subsequent phases deleted text end and operated by the
Metropolitan Radio Board, a regional radio board, or local
government units for their own internal operations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2004, section 403.27, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Authorization; third phase. new text end

new text begin The commissioner
of finance, if requested by a vote of at least two-thirds of all
of the members of the Statewide Radio Board, may authorize the
issuance of revenue bonds or other debt instrument for any of
the following purposes to:
new text end

new text begin (1) provide funds for the elements of the third phase of
the statewide public safety radio communication system within
the southeast district of the State Patrol and the counties of
Benton, Sherburne, Stearns, and Wright that the board determines
are of regional or statewide benefit and support mutual aid and
emergency medical services communication including, but not
limited to, costs of master controllers of the backbone;
new text end

new text begin (2) provide funds for the third phase of the public safety
radio communication system within the southeast district of the
State Patrol and the counties of Benton, Sherburne, Stearns, and
Wright;
new text end

new text begin (3) provide money for assistance to a local government for
up to 50 percent of the cost of building a subsystem within the
southeast district of the State Patrol and the counties of
Benton, Sherburne, Stearns, and Wright; and
new text end

new text begin (4) refund bonds issued under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 17.

Minnesota Statutes 2004, section 403.27,
subdivision 3, is amended to read:

Subd. 3.

Limitations.

(a) The principal amount of the
bonds issued pursuant to subdivision 1, exclusive of any
original issue discount, shall not exceed the amount of
$10,000,000 plus the amount the council determines necessary to
pay the costs of issuance, fund reserves, debt service, and pay
for any bond insurance or other credit enhancement.

(b) In addition to the amount authorized under paragraph
(a), the council may issue bonds under subdivision 1 in a
principal amount of $3,306,300, plus the amount the council
determines necessary to pay the cost of issuance, fund reserves,
debt service, and any bond insurance or other credit
enhancement. The proceeds of bonds issued under this paragraph
may not be used to finance portable or subscriber radio sets.

(c) deleted text begin In addition to the amount authorized under paragraphs
(a) and (b), the council may issue bonds under subdivision 1 in
a principal amount of $18,000,000, plus the amount the council
determines necessary to pay the costs of issuance, fund
reserves, debt service, and any bond insurance or other credit
enhancement. The proceeds of bonds issued under this paragraph
must be used to pay up to 50 percent of the cost to a local
government unit of building a subsystem and may not be used to
finance portable or subscriber radio sets. The bond proceeds
may be used to make improvements to an existing 800 MHz radio
system that will interoperate with the regionwide public safety
radio communication system, provided that the improvements
conform to the board's plan and technical standards. The
council must time the sale and issuance of the bonds so that the
debt service on the bonds can be covered by the additional
revenue that will become available in the fiscal year ending
June 30, 2005, generated under section 403.11 and appropriated
under section 403.30.
deleted text end

deleted text begin (d) In addition to the amount authorized under paragraphs
(a) to (c), deleted text end The deleted text begin council deleted text end new text begin commissioner of finance new text end may issue bonds
new text begin or other debt instrument new text end under subdivision deleted text begin 1 deleted text end new text begin 1a new text end in a principal
amount of up to deleted text begin $27,000,000 deleted text end new text begin $45,000,000 new text end , plus the amount the
deleted text begin council deleted text end new text begin commissioner of finance new text end determines necessary to pay the
costs of issuance, fund reserves, debt service, and any bond
insurance or other credit enhancement. The proceeds of bonds
issued under this paragraph are appropriated to the commissioner
of public safety for phase three of the public safety radio
communication system. deleted text begin In anticipation of the receipt by the
commissioner of public safety of the bond proceeds, the
Metropolitan Radio Board may advance money from its operating
appropriation to the commissioner of public safety to pay for
design and preliminary engineering for phase three. The
commissioner of public safety must return these amounts to the
Metropolitan Radio Board when the bond proceeds are received.
deleted text end

new text begin (d) In addition to the amount authorized under paragraphs
(a) through (c), the commissioner of finance may issue bonds
under subdivision 1a in a principal amount of up to $9,500,000,
plus the amount the commissioner of finance determines necessary
to pay the costs of issuance, fund reserves, debt service, and
any bond insurance or other credit enhancement. The proceeds of
bonds issued under this paragraph are appropriated to the
commissioner of public safety for the purpose of subdivision 1a,
clause (3), provided that the proceeds may not be used to
finance portable or subscriber radio sets.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 18.

Minnesota Statutes 2004, section 403.27,
subdivision 4, is amended to read:

Subd. 4.

Security.

The bonds new text begin issued under subdivision 1
new text end may be secured by a bond resolution or a trust indenture entered
into by the council with a corporate trustee within or outside
the state which shall define the fee pledged for the payment and
security of the bonds and for payment of all necessary and
reasonable debt service expenses until all the bonds referred to
in subdivision 1 are fully paid or discharged in accordance with
law. The pledge shall be a valid charge on the emergency
telephone service fee provided in chapter 403. No mortgage of
or security interest in any tangible real or personal property
shall be granted to the bondholders or the trustee, but they
shall have a valid security interest in the revenues and bond
proceeds received by the council and pledged to the payment of
the bonds as against the claims of all persons in tort,
contract, or otherwise, irrespective of whether the parties have
notice and without possession or filing as provided in the
Uniform Commercial Code, or any other law, subject however to
the rights of the holders of any general obligation bonds issued
under section 403.32. In the bond resolution or trust
indenture, the council may make covenants as it determines to be
reasonable for the protection of the bondholders.

Neither the council, nor any council member, officer,
employee, or agent of the council, nor any person executing the
bonds shall be liable personally on the bonds by reason of their
issuance. The bonds are not payable from, and are not a charge
upon, any funds other than the revenues and bond proceeds
pledged to their payment. The council is not subject to any
liability on the bonds and has no power to obligate itself to
pay or to pay the bonds from funds other than the revenues and
bond proceeds pledged. No holder of bonds has the right to
compel any exercise of the taxing power of the council, except
any deficiency tax levy the council covenants to certify under
section 403.31, or any other public body, to the payment of
principal of or interest on the bonds. No holder of bonds has
the right to enforce payment of principal or interest against
any property of the council or other public body other than that
expressly pledged for the payment of the bonds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 19.

Minnesota Statutes 2004, section 403.27, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Security. new text end

new text begin The bonds or other debt instrument
issued under subdivision 1a may be secured by a bond resolution
or a trust indenture entered into by the commissioner of finance
with a corporate trustee within or outside the state which shall
define the fee pledged for the payment and security of the bonds
or other debt instrument and for payment of all necessary and
reasonable debt service expenses until all the bonds or other
debt instruments referred to in subdivision 1a are fully paid or
discharged in accordance with law. The pledge shall be a valid
charge on the emergency telephone service fee provided in this
chapter. The bonds or other debt instrument shall have a valid
security interest in the revenues and proceeds received by the
commissioner of finance and pledged to the payment of the bonds
or other debt instrument as against the claims of all persons in
tort, contract, or otherwise, irrespective of whether the
parties have notice and without possession or filing as provided
in the Uniform Commercial Code, or any other law. In the bond
resolution or trust indenture, the commissioner of finance may
make covenants as may be reasonable for the protection of the
bondholders or other creditor.
new text end

new text begin The bonds or other debt instrument are not payable from,
and are not a charge upon, any funds other than the revenues and
bond or other debt instrument proceeds pledged to their
payment. The state of Minnesota is not subject to any liability
on the bonds and the commissioner of finance has no power to
obligate the state of Minnesota to pay or to pay the bonds or
other debt instruments from funds other than the revenues and
debt instrument proceeds pledged. No holder of bonds has the
right to compel any exercise of the taxing power of the state of
Minnesota, except any deficiency tax levy the commissioner is
authorized to certify under section 403.31, or any other public
body, to the payment of principal of or interest on the bonds or
other debt instrument. No holder of bonds has the right to
enforce payment of principal or interest against any property of
the state of Minnesota or other public body other than that
expressly pledged for the payment of the bonds or other debt
instrument.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 20.

Minnesota Statutes 2004, section 403.30,
subdivision 1, is amended to read:

Subdivision 1.

Standing appropriation; costs covered.

For each fiscal year beginning with the fiscal year commencing
July 1, 1997, the amount necessary to pay the following costs is
appropriated to the commissioner of public safety from the 911
emergency telecommunications service account established under
section 403.11:

(1) debt service costs and reserves for bonds issued
pursuant to section 403.27 new text begin , subdivision 1 new text end ; new text begin and
new text end

(2) deleted text begin repayment of the right-of-way acquisition loans;
deleted text end

deleted text begin (3) costs of design, construction, maintenance of, and
improvements to those elements of the first, second, and third
phases that support mutual aid communications and emergency
medical services;
deleted text end

deleted text begin (4) recurring charges for leased sites and equipment for
those elements of the first, second, and third phases that
support mutual aid and emergency medical communication services;
or
deleted text end

deleted text begin (5) aid to local units of government for sites and
equipment in support of mutual aid and emergency medical
communications services deleted text end new text begin cost authorized under subdivision 1a new text end .

This appropriation shall be used to pay annual debt service
costs and reserves for bonds issued pursuant to section 403.27 new text begin ,
subdivision 1, new text end prior to use of fee money to pay other costs
eligible under this subdivision. In no event shall the
appropriation for each fiscal year exceed an amount equal to
four cents a month for each customer access line or other basic
access service, including trunk equivalents as designated by the
Public Utilities Commission for access charge purposes and
including cellular and other nonwire access services, in the
fiscal year. deleted text begin Beginning July 1, 2004, this amount will increase
to 13 cents a month.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 21.

Minnesota Statutes 2004, section 403.30, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Standing appropriation; costs covered. new text end

new text begin (a) For
each fiscal year beginning with the fiscal year commencing July
1, 2005, the amount necessary to pay the following costs is
appropriated to the commissioner of public safety from the 911
emergency telecommunications service account established under
section 403.11:
new text end

new text begin (1) debt service costs and reserves for bonds or other debt
instrument issued pursuant to section 403.27, subdivision 1a;
new text end

new text begin (2) repayment of the right-of-way acquisition loans;
new text end

new text begin (3) costs of design, construction, maintenance of, and
improvements to those elements of the system backbone that
support mutual aid communications and emergency medical
services; and
new text end

new text begin (4) recurring charges for leased sites and equipment for
those elements of the system backbone that support mutual aid
and emergency medical communication services.
new text end

new text begin (b) The appropriation in paragraph (a) shall be used to pay
annual debt service costs and reserves for bonds issued pursuant
to section 403.27, subdivision 1a, prior to use of fee money to
pay other costs eligible under this subdivision. In no event
shall the appropriation for each fiscal year exceed an amount
equal to nine cents a month for each customer access line or
other basic access service, including trunk equivalents as
designated by the Public Utilities Commission for access charge
purposes and cellular and other nonwire access services in the
fiscal year, plus any excess amounts made available to the
commissioner under subdivision 1, clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 22.

Minnesota Statutes 2004, section 403.30,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin monthly deleted text end appropriation transfers.

deleted text begin Each month,
before the 25th day of the month, deleted text end The commissioner shall
transmit to the Metropolitan Council deleted text begin 1/12 of its total deleted text end new text begin from the
new text end approved appropriation deleted text begin for the regionwide public safety
communication system deleted text end new text begin of funds provided for in section 403.30,
subdivision 1, the amount necessary to meet debt service costs
and reserves for bonds issued by the Metropolitan Council
pursuant to section 403.27, subdivision 1 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 23.

Minnesota Statutes 2004, section 403.30, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Appropriation transfers. new text end

new text begin The commissioner
shall transmit to the commissioner of finance from the approved
appropriation of funds provided for in section 403.30,
subdivision 1a, the amount necessary to meet debt service costs
and reserves for bonds or other debt instrument issued by the
commissioner of finance pursuant to section 403.27, subdivision
1a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 24.

Laws 2004, chapter 201, section 22, is amended to
read:

Sec. 22 new text begin TRANSFER OF RESPONSIBILITIES.
new text end

On July 1, deleted text begin 2006 deleted text end new text begin 2005 new text end , the responsibilities of the
Metropolitan Radio Board under Minnesota Statutes, sections
403.21 to 403.34, that have not been assumed by the Metropolitan
Radio Board as a regional radio board established under
Minnesota Statutes, section 403.39, are transferred to the
Statewide Radio Board under Minnesota Statutes, section 15.039.
new text begin Contracts and obligations transferred to the Statewide Radio
Board under this provision may be assigned to the commissioner
of public safety or the commissioner of transportation to be
administered consistent with Minnesota Statutes, section 403.36,
and the statewide, shared public safety radio and communication
plan provided for therein.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 25. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 403.025, subdivision 4;
and 403.30, subdivision 2, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

ARTICLE 11

LAW ENFORCEMENT POLICY

Section 1.

Minnesota Statutes 2004, section 299A.38,
subdivision 2, is amended to read:

Subd. 2.

State and local reimbursement.

Peace officers
and heads of local law enforcement agencies who buy vests for
the use of peace officer employees may apply to the commissioner
for reimbursement of funds spent to buy vests. On approving an
application for reimbursement, the commissioner shall pay the
applicant an amount equal to the lesser of one-half of the
vest's purchase price or deleted text begin $300 deleted text end new text begin $600 new text end , as adjusted according to
subdivision 2a. The political subdivision that employs the
peace officer shall pay at least the lesser of one-half of the
vest's purchase price or deleted text begin $300 deleted text end new text begin $600 new text end , as adjusted according to
subdivision 2a. The political subdivision may not deduct or pay
its share of the vest's cost from any clothing, maintenance, or
similar allowance otherwise provided to the peace officer by the
law enforcement agency.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 299A.38,
subdivision 2a, is amended to read:

Subd. 2a.

Adjustment of reimbursement amount.

On October
1, deleted text begin 1997 deleted text end new text begin 2006 new text end , the commissioner of public safety shall adjust
the deleted text begin $300 deleted text end new text begin $600 new text end reimbursement amounts specified in subdivision 2,
and in each subsequent year, on October 1, the commissioner
shall adjust the reimbursement amount applicable immediately
preceding that October 1 date. The adjusted rate must reflect
the annual percentage change in the Consumer Price Index for all
urban consumers, published by the federal Bureau of Labor
Statistics, occurring in the one-year period ending on the
preceding June 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 299A.38,
subdivision 3, is amended to read:

Subd. 3.

Eligibility requirements.

(a) Only vests that
either meet or exceed the requirements of standard 0101.03 of
the National Institute of Justice or that meet or exceed the
requirements of that standard, except wet armor conditioning,
are eligible for reimbursement.

(b) Eligibility for reimbursement is limited to vests
bought after December 31, 1986, by or for peace officers (1) who
did not own a vest meeting the requirements of paragraph (a)
before the purchase, or (2) who owned a vest that was at least
deleted text begin six deleted text end new text begin five new text end years old.

new text begin (c) The requirement set forth in paragraph (b), clauses (1)
and (2), shall not apply to any peace officer who purchases a
vest constructed from a zylon-based material, provided that the
peace officer provides proof of purchase or possession of the
vest prior to July 1, 2005.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 4.

new text begin [299A.641] GANG AND DRUG OVERSIGHT COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Oversight council established. new text end

new text begin The Gang
and Drug Oversight Council is established to provide guidance
related to the investigation and prosecution of gang and drug
crime.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The oversight council shall consist
of the following individuals or their designees:
new text end

new text begin (1) the director of the office of special investigations,
as the representative of the commissioner of corrections;
new text end

new text begin (2) the superintendent of the Bureau of Criminal
Apprehension as the representative of the commissioner of public
safety;
new text end

new text begin (3) the attorney general;
new text end

new text begin (4) eight chiefs of police, selected by the Minnesota
Chiefs of Police Association, two of which must be selected from
cities with populations greater than 200,000;
new text end

new text begin (5) eight sheriffs, selected by the Minnesota Sheriffs
Association to represent each district, two of which must be
selected from counties with populations greater than 500,000;
new text end

new text begin (6) the United States attorney for the district of
Minnesota;
new text end

new text begin (7) two county attorneys, selected by the Minnesota County
Attorneys Association;
new text end

new text begin (8) a command-level representative of a gang strike force;
new text end

new text begin (9) a representative from a drug task force, selected by
the Minnesota State Association of Narcotics Investigators;
new text end

new text begin (10) a representative from the United States Drug
Enforcement Administration;
new text end

new text begin (11) a representative from the United States Bureau of
Alcohol, Tobacco, and Firearms;
new text end

new text begin (12) a representative from the Federal Bureau of
Investigation;
new text end

new text begin (13) a tribal peace officer, selected by the Minnesota
Tribal Law Enforcement Association; and
new text end

new text begin (14) two additional members who may be selected by the
oversight council.
new text end

new text begin The oversight council may adopt procedures to govern its conduct
as necessary and may select a chair from among its members.
new text end

new text begin Subd. 3. new text end [OVERSIGHT COUNCIL'S DUTIES.] new text begin The oversight
council shall develop an overall strategy to ameliorate the harm
caused to the public by gang and drug crime within the state of
Minnesota. This strategy may include the development of
protocols and procedures to investigate gang and drug crime and
a structure for best addressing these issues in a
multijurisdictional manner. Additionally, the oversight council
shall:
new text end

new text begin (1) identify and recommend a candidate or candidates for
statewide coordinator to the commissioner of public safety;
new text end

new text begin (2) establish multijurisdictional task forces and strike
forces to combat gang and drug crime, to include a metro gang
strike force;
new text end

new text begin (3) assist the Department of Public Safety in developing an
objective grant review application process that is free from
conflicts of interest;
new text end

new text begin (4) make funding recommendations to the commissioner of
public safety on grants to support efforts to combat gang and
drug crime;
new text end

new text begin (5) assist in developing a process to collect and share
information to improve the investigation and prosecution of drug
offenses;
new text end

new text begin (6) develop and approve an operational budget for the
office of the statewide coordinator and the oversight council;
and
new text end

new text begin (7) adopt criteria and identifying characteristics for use
in determining whether individuals are or may be members of
gangs involved in criminal activity.
new text end

new text begin Subd. 4. new text end

new text begin Statewide coordinator. new text end

new text begin The current gang strike
force commander shall serve as a transition coordinator until
July 1, 2006, at which time the commissioner of public safety
shall appoint a statewide coordinator as recommended by the
oversight council. The coordinator serving in the unclassified
service shall:
new text end

new text begin (1) coordinate and monitor all multijurisdictional gang and
drug enforcement activities;
new text end

new text begin (2) facilitate local efforts and ensure statewide
coordination with efforts to combat gang and drug crime;
new text end

new text begin (3) facilitate training for personnel;
new text end

new text begin (4) monitor compliance with investigative protocols; and
new text end

new text begin (5) implement an outcome evaluation and data quality
control process.
new text end

new text begin Subd. 5. new text end

new text begin Participating officers; employment status. new text end

new text begin All
participating law enforcement officers must be licensed peace
officers as defined in section 626.84, subdivision 1, or
qualified federal law enforcement officers as defined in section
626.8453. Participating officers remain employees of the same
entity that employed them before joining any multijurisdictional
entity established under this section. Participating officers
are not employees of the state.
new text end

new text begin Subd. 6. new text end

new text begin Jurisdiction and powers. new text end

new text begin Law enforcement
officers participating in any multijurisdictional entity
established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of
arrest as those possessed by a sheriff.
new text end

new text begin Subd. 7. new text end

new text begin Grants authorized. new text end

new text begin The commissioner of public
safety, upon recommendation of the council, may make grants to
state and local units of government to combat gang and drug
crime.
new text end

new text begin Subd. 8. new text end

new text begin Oversight council is permanent. new text end

new text begin Notwithstanding
section 15.059, this section does not expire.
new text end

new text begin Subd. 9. new text end

new text begin Funding. new text end

new text begin Participating agencies may accept
lawful grants or contributions from any federal source or legal
business or entity.
new text end

new text begin Subd. 10. new text end

new text begin Role of the attorney general. new text end

new text begin The attorney
general or a designee shall generally advise on any matters that
the oversight council deems appropriate.
new text end

new text begin Subd. 11. new text end

new text begin Attorney general; community liaison. new text end

new text begin (a) The
attorney general or a designee shall serve as a liaison between
the oversight council and the councils created in sections
3.922, 3.9223, 3.9225, and 3.9226. The attorney general or
designee will be responsible for:
new text end

new text begin (1) informing the councils of the plans, activities, and
decisions and hearing their reactions to those plans,
activities, and decisions; and
new text end

new text begin (2) providing the oversight council with the councils'
position on the oversight council's plan, activities, and
decisions.
new text end

new text begin (b) In no event is the oversight council required to
disclose the names of individuals identified by it to the
councils referenced in this subdivision.
new text end

new text begin (c) Nothing in this subdivision changes the data
classification of any data held by the oversight council.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5.

new text begin [299A.681] MINNESOTA FINANCIAL CRIMES OVERSIGHT
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Oversight council established. new text end

new text begin The
Minnesota Financial Crimes Oversight Council is established to
provide guidance related to the investigation and prosecution of
identity theft and financial crime.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The council shall consist of the
following individuals or their designees:
new text end

new text begin (1) the commissioner of public safety;
new text end

new text begin (2) the attorney general;
new text end

new text begin (3) two chiefs of police, selected by the Minnesota Chiefs
of Police Association from police departments which participate
in the Minnesota Financial Crimes Task Force;
new text end

new text begin (4) two sheriffs, selected by the Minnesota Sheriffs
Association from sheriff departments which participate in the
Minnesota Financial Crimes Task Force;
new text end

new text begin (5) the United States attorney for the district of
Minnesota;
new text end

new text begin (6) one county attorney, selected by the Minnesota County
Attorneys Association;
new text end

new text begin (7) a representative from the United States Postal
Inspector's Office;
new text end

new text begin (8) a representative from a not-for-profit retail merchants
industry;
new text end

new text begin (9) a representative from a not-for-profit banking and
credit union industry;
new text end

new text begin (10) a representative from a not-for-profit association
representing senior citizens;
new text end

new text begin (11) the statewide commander described in subdivision 4;
new text end

new text begin (12) a representative from the Board of Public Defense; and
new text end

new text begin (13) two additional members who shall be selected by the
council.
new text end

new text begin The council may adopt procedures to govern its conduct as
necessary and shall select a chair from among its members.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The council shall develop an overall
strategy to ameliorate the harm caused to the public by identity
theft and financial crime within the state of Minnesota. This
strategy may include the development of protocols and procedures
to investigate financial crimes and a structure for best
addressing these issues in a multijurisdictional manner.
Additionally, the council shall:
new text end

new text begin (1) establish a multijurisdictional statewide Minnesota
Financial Crimes Task Force to investigate major financial
crimes;
new text end

new text begin (2) choose a statewide commander who shall serve at the
pleasure of the council;
new text end

new text begin (3) assist the Department of Public Safety in developing an
objective grant application and review process that is free from
conflicts of interest;
new text end

new text begin (4) make funding recommendations to the commissioner of
public safety on grants to support efforts to combat identity
theft and financial crime;
new text end

new text begin (5) assist in developing a process to collect and share
information to improve the investigation and prosecution of
identity theft and financial crime;
new text end

new text begin (6) develop and approve an operational budget for the
office of the statewide commander and the council;
new text end

new text begin (7) establish fiscal procedures with the Department of
Public Safety on funding disbursements and allocation procedures
for approved council and task force operations and grants which
are funded under assessment fees collected in subdivision 9; and
new text end

new text begin (8) enter into such contracts as necessary to establish and
maintain a relationship with the retailers, financial
institutions, and other businesses to deal effectively with
identity theft and financial crime.
new text end

new text begin The task force described in clause (1) may consist of
members from local law enforcement agencies, federal law
enforcement agencies, state and federal prosecutor offices, the
Board of Public Defense, and representatives from elderly
victims, retail, and financial institutions as described in
subdivision 2, clauses (8), (9), and (10).
new text end

new text begin Subd. 4. new text end

new text begin Statewide commander. new text end

new text begin The current task force
commander serving under section 299A.68 shall transition the
current task force and remain in place as commander under the
council until July 1, 2008, at which time the commissioner of
public safety, upon the recommendation of the council, shall
appoint a statewide commander as chosen by the council. The
commander serving in the unclassified service shall:
new text end

new text begin (1) coordinate and monitor all multijurisdictional identity
theft and financial crime enforcement activities;
new text end

new text begin (2) facilitate local efforts and ensure statewide
coordination with efforts to combat identity theft and financial
crime;
new text end

new text begin (3) facilitate training for personnel;
new text end

new text begin (4) monitor compliance with investigative protocols;
new text end

new text begin (5) implement an outcome evaluation and data quality
control process;
new text end

new text begin (6) be responsible for selection and removal for cause of
assigned task force investigators who are designated
participants under a memorandum of understanding and/or who
receive grant funding;
new text end

new text begin (7) provide supervision of task force investigators
assigned;
new text end

new text begin (8) submit a task force operational budget to the council
for approval; and
new text end

new text begin (9) submit quarterly task force activity reports to the
council.
new text end

new text begin Subd. 5. new text end

new text begin Participating officers; employment status. new text end

new text begin All
law enforcement officers selected to participate in the
Minnesota Financial Crimes Task Force must be licensed peace
officers as defined in section 626.84, subdivision 1, or
qualified federal law enforcement officers as defined in section
626.8453. Participating officers remain employees of the same
entity that employed them before joining any multijurisdictional
entity established under this section. Participating officers
are not employees of the state.
new text end

new text begin Subd. 6. new text end

new text begin Jurisdiction and powers. new text end

new text begin Law enforcement
officers participating in any multijurisdictional entity
established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of
arrest as those possessed by a sheriff. The task force shall
retain the assigned originating reporting number for case
reporting purposes according to section 299A.68 and transferred
to this section effective July 1, 2005.
new text end

new text begin Subd. 7. new text end

new text begin Grants authorized. new text end

new text begin The commissioner of public
safety, upon recommendation of the council, shall make grants to
state and local units of government to combat identity theft and
financial crime. The commander, as funding permits, may prepare
a budget to establish four regional districts and funding grant
allocations programs outside the counties of Hennepin, Ramsey,
Anoka, Washington, and Dakota. The budget shall be reviewed and
approved by the council and recommended to the commissioner of
public safety to support these efforts. The council account
shall be transferred on or before each fiscal accounting
calendar quarter during each year on a recurring basis to its
fiscal agent under subdivision 3, clause (7).
new text end

new text begin Subd. 8. new text end [VICTIMS' ASSISTANCE PROGRAM.] new text begin (a) The council
may establish a victims' assistance program to assist victims of
economic crimes and provide prevention and awareness programs.
The council may retain outside services of not-for-profit
organizations to assist in the development of delivery systems
to aid victims of financial crimes. Services to victims shall
not include any financial assistance to victims, but are limited
to helping victims obtain police assistance and giving direction
to victims for protecting personal accounts and identities.
Services include a victim 1-800 number, facsimile number, Web
site, telephone service Monday through Friday, e-mail response,
and interfaces to other helpful Web sites. Information about
victims gathered by the victim task force assistance program
shall be covered by the Data Privacy Act under chapter 13.
new text end

new text begin (b) The council may post or communicate through public
service announcements in newspapers, radio, television, cable
access, billboards, Internet, Web sites, and other normal
advertising channels a financial reward of up to $2,000 for tips
leading to the apprehension and successful prosecution of
individuals committing economic crimes. All rewards must meet
the Minnesota Financial Crimes Oversight Council standards. The
release of funds shall be made to an individual whose
information leads to the apprehension and prosecution of
offenders committing economic or financial crimes against
citizens or businesses in the state of Minnesota. All rewards
paid to an individual shall be reported to the Department of
Revenue along with the individual's Social Security number.
new text end

new text begin Subd. 9. new text end

new text begin Council and task force are permanent.
new text end

new text begin Notwithstanding section 15.059, this section does not expire.
new text end

new text begin Subd. 10. new text end

new text begin Funding. new text end

new text begin The Minnesota Financial Crimes
Oversight Council may accept lawful grants and in-kind
contributions from any federal source or legal business or
individual not funded by this section for general operation
support, including personnel costs. These grants or in-kind
contributions are not to be directed toward the case of a
particular victim or business. The council fiscal agent shall
handle all funds approved by the council including in-kind
contributions.
new text end

new text begin Subd. 11. new text end

new text begin Forfeiture. new text end

new text begin Property seized by the task force
established by the council is subject to forfeiture pursuant to
sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership
cannot be established. The council shall receive the proceeds
from the sale of all property that it properly seizes and that
is forfeited.
new text end

new text begin Subd. 12. new text end

new text begin Transfer equipment from current minnesota
financial crimes task force. new text end

new text begin All current equipment shall be
transferred from the Minnesota Financial Crimes Task Force
established under section 299A.68 to the Minnesota Financial
Crimes Oversight Council established under this section for use
by the Minnesota Financial Crimes Task Force formed under this
section, effective July 1, 2005.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 6.

new text begin [299A.78] STATEWIDE HUMAN TRAFFICKING
ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of sections
299A.78 to 299A.795, the following definitions apply:
new text end

new text begin (a) "Commissioner" means the commissioner of the Department
of Public Safety.
new text end

new text begin (b) "Nongovernmental organizations" means nonprofit,
nongovernmental organizations that provide legal, social, or
other community services.
new text end

new text begin (c) "Blackmail" means a threat to expose any fact or
alleged fact tending to cause shame or to subject any person to
hatred, contempt, or ridicule.
new text end

new text begin (d) "Debt bondage" means the status or condition of a
debtor arising from a pledge by the debtor of the debtor's
personal services or those of a person under the debtor's
control as a security for debt, if the value of those services
as reasonably assessed is not applied toward the liquidation of
the debt or the length and nature of those services are not
respectively limited and defined.
new text end

new text begin (e) "Forced labor or services" means labor or services that
are performed or provided by another person and are obtained or
maintained through an actor's:
new text end

new text begin (1) threat, either implicit or explicit, scheme, plan, or
pattern, or other action intended to cause a person to believe
that, if the person did not perform or provide the labor or
services, that person or another person would suffer bodily harm
or physical restraint;
new text end

new text begin (2) physically restraining or threatening to physically
restrain a person;
new text end

new text begin (3) abuse or threatened abuse of the legal process;
new text end

new text begin (4) knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
other immigration document, or any other actual or purported
government identification document, of another person; or
new text end

new text begin (5) use of blackmail.
new text end

new text begin (f) "Labor trafficking" means the recruitment,
transportation, transfer, harboring, enticement, provision,
obtaining, or receipt of a person by any means, whether a United
States citizen or foreign national, for the purpose of:
new text end

new text begin (1) debt bondage or forced labor or services;
new text end

new text begin (2) slavery or practices similar to slavery; or
new text end

new text begin (3) the removal of organs through the use of coercion or
intimidation.
new text end

new text begin (g) "Labor trafficking victim" means a person subjected to
the practices in paragraph (f).
new text end

new text begin (h) "Sex trafficking" means receiving, recruiting,
enticing, harboring, providing, or obtaining by any means an
individual to aid in the prostitution of the individual.
new text end

new text begin (i) "Sex trafficking victim" means a person subjected to
the practices in paragraph (h).
new text end

new text begin (j) "Trafficking" includes "labor trafficking" as defined
in paragraph (f) , and "sex trafficking" as defined in paragraph
(h).
new text end

new text begin (k) "Trafficking victim" includes "labor trafficking
victim" as defined in paragraph (g), and "sex trafficking
victim" as defined in paragraph (i).
new text end

new text begin Subd. 2. new text end

new text begin General duties. new text end

new text begin The commissioner of public
safety shall:
new text end

new text begin (1) in cooperation with local authorities, collect, share,
and compile trafficking data among government agencies to assess
the nature and extent of trafficking in Minnesota;
new text end

new text begin (2) analyze collected data to develop a plan to address and
prevent trafficking; and
new text end

new text begin (3) use its analyses to establish policies to enable state
government to work with nongovernmental organizations to provide
assistance to trafficking victims.
new text end

new text begin Subd. 3. new text end

new text begin Outside services. new text end

new text begin As provided for in section
15.061, the commissioner of public safety may contract with
professional or technical services in connection with the duties
to be performed under sections 299A.785 to 299A.795. The
commissioner may also contract with other outside organizations
to assist with the duties to be performed under sections
299A.785 to 299A.795.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 7.

new text begin [299A.785] TRAFFICKING STUDY.
new text end

new text begin Subdivision 1. new text end

new text begin Information to be collected. new text end

new text begin The
commissioner shall elicit the cooperation and assistance of
government agencies and nongovernmental organizations as
appropriate to assist in the collection of trafficking data.
The commissioner shall direct the appropriate authorities in
each agency and organization to make best efforts to collect
information relevant to tracking progress on trafficking. The
information to be collected may include, but is not limited to:
new text end

new text begin (1) the numbers of arrests, prosecutions, and successful
convictions of traffickers and those committing trafficking
related crimes, including, but not limited to, the following
offenses: 609.27, coercion; 609.322, solicitation of
prostitution; 609.324, other prostitution crimes; 609.33,
disorderly house; 609.352, solicitation of a child; and 617.245
and 617.246, use of minors in sexual performance;
new text end

new text begin (2) statistics on the number of trafficking victims,
including demographics, method of recruitment, and method of
discovery;
new text end

new text begin (3) trafficking routes and patterns, states or country of
origin, transit states or countries;
new text end

new text begin (4) method of transportation, motor vehicles, aircraft,
watercraft, or by foot if any transportation took place; and
new text end

new text begin (5) social factors that contribute to and foster
trafficking, especially trafficking of women and children.
new text end

new text begin Subd. 2. new text end

new text begin Report and annual publication. new text end

new text begin (a) By September
1, 2006, the commissioner of public safety shall report to the
chairs of the senate and house of representatives committees and
divisions having jurisdiction over criminal justice policy and
funding a summary of its findings. This report shall include,
to the extent possible, the information to be collected in
subdivision 1 and any other information the commissioner finds
relevant to the issue of trafficking in Minnesota.
new text end

new text begin (b) The commissioner shall gather, compile, and publish
annually statistical data on the extent and nature of
trafficking in Minnesota. This annual publication shall be
available to the public and include, to the extent possible, the
information to be collected in subdivision 1 and any other
information the commissioner finds relevant to the issue of
trafficking in Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 8.

new text begin [299A.79] TRAFFICKING ANALYSIS AND INITIATIVES.
new text end

new text begin Subdivision 1. new text end

new text begin Data analysis. new text end

new text begin The commissioner shall
analyze the data collected in section 299A.785 to develop and
carry out a plan to address current trafficking and prevent
future trafficking in Minnesota. The commissioner may evaluate
various approaches used by other state and local governments to
address trafficking. The plan shall include, but not be limited
to, the following initiatives:
new text end

new text begin (1) training agencies, organizations, and officials
involved in law enforcement, prosecution, and social services;
new text end

new text begin (2) increasing public awareness of trafficking; and
new text end

new text begin (3) establishing procedures to enable the state government
to work with nongovernmental organizations to prevent
trafficking.
new text end

new text begin Subd. 2. new text end

new text begin Training initiatives. new text end

new text begin (a) The commissioner
shall provide and strengthen training for law enforcement,
prosecutors, social services, and other relevant officials in
addressing trafficking. The training shall include:
new text end

new text begin (1) methods used in identifying trafficking victims,
including preliminary interview techniques and appropriate
interrogation methods;
new text end

new text begin (2) methods for prosecuting traffickers;
new text end

new text begin (3) methods for protecting the rights of trafficking
victims, taking into account the need to consider human rights
and special needs of women and children trafficking victims; and
new text end

new text begin (4) methods for promoting the safety of trafficking victims.
new text end

new text begin (b) Once created and as updated, the commissioner shall
provide training plans and materials associated with paragraph
(a) to the Board of Peace Officer Standards and Training.
new text end

new text begin Subd. 3. new text end

new text begin Awareness initiatives. new text end

new text begin (a) The commissioner
shall, in cooperation with appropriate nongovernmental
organizations, establish public awareness programs designed to
educate persons at risk of trafficking and their families of the
risks of victimization. The programs shall include, but not be
limited to, information on the following subjects:
new text end

new text begin (1) the risks of becoming a trafficking victim, including:
new text end

new text begin (i) common recruitment techniques, such as use of debt
bondage, blackmail, forced labor and services, prostitution, and
other coercive tactics; and
new text end

new text begin (ii) the risks of assault, criminal sexual conduct,
exposure to sexually transmitted diseases, and psychological
harm;
new text end

new text begin (2) crime victims' rights in Minnesota; and
new text end

new text begin (3) methods for reporting recruitment activities involved
in trafficking.
new text end

new text begin (b) The commissioner shall, in cooperation with appropriate
agencies and nongovernmental organizations, disseminate public
awareness materials to educate the public on the extent of
trafficking and to discourage the demand that fosters and leads
to trafficking, in particular trafficking of women and children.
These materials may include information on:
new text end

new text begin (1) the impact of trafficking on victims;
new text end

new text begin (2) the aggregate impact of trafficking worldwide and
domestically; and
new text end

new text begin (3) the criminal consequences of trafficking. The
materials may be disseminated by way of the following media:
pamphlets, brochures, posters, advertisements in mass media, or
any other appropriate methods.
new text end

new text begin (c) Once created and as updated, the commissioner shall
provide samples of the materials disseminated under paragraph
(b) to the Department of Public Safety's office of justice
program.
new text end

new text begin Subd. 4. new text end

new text begin Annual evaluation. new text end

new text begin The commissioner shall
evaluate its training and awareness initiatives annually to
ensure their effectiveness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 9.

new text begin [299A.795] TRAFFICKING VICTIM ASSISTANCE.
new text end

new text begin (a) The commissioner shall establish policies to enable
state government to work with nongovernmental organizations to
provide assistance to trafficking victims.
new text end

new text begin (b) The commissioner may review the existing services and
facilities to meet trafficking victims' needs and recommend a
plan that would coordinate such services, including, but not
limited to:
new text end

new text begin (1) medical and mental health services;
new text end

new text begin (2) housing;
new text end

new text begin (3) education and job training;
new text end

new text begin (4) English as a second language;
new text end

new text begin (5) interpreting services;
new text end

new text begin (6) legal and immigration services; and
new text end

new text begin (7) victim compensation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 10.

Minnesota Statutes 2004, section 299C.10,
subdivision 1, is amended to read:

Subdivision 1.

Required fingerprinting.

(a) Sheriffs,
peace officers, and community corrections agencies operating
secure juvenile detention facilities shall take or cause to be
taken immediately finger and thumb prints, photographs,
distinctive physical mark identification data, information on
any known aliases or street names, and other identification data
requested or required by the superintendent of the bureau, of
the following:

(1) persons arrested for, appearing in court on a charge
of, or convicted of a felony, gross misdemeanor, or targeted
misdemeanor;

(2) juveniles arrested for, appearing in court on a charge
of, adjudicated delinquent for, or alleged to have committed
felonies or gross misdemeanors as distinguished from those
committed by adult offenders;

(3) persons reasonably believed by the arresting officer to
be fugitives from justice;

(4) persons in whose possession, when arrested, are found
concealed firearms or other dangerous weapons, burglar tools or
outfits, high-power explosives, or articles, machines, or
appliances usable for an unlawful purpose and reasonably
believed by the arresting officer to be intended for such
purposes; deleted text begin and
deleted text end

(5) juveniles referred by a law enforcement agency to a
diversion program for a felony or gross misdemeanor offense new text begin ; and
new text end

new text begin (6) persons currently involved in the criminal justice
process, on probation, on parole, or in custody for the offenses
in suspense whom the superintendent of the bureau identifies as
being the subject of a court disposition record which cannot be
linked to an arrest record, and whose fingerprints are necessary
in order to maintain and ensure the accuracy of the bureau's
criminal history files, to reduce the number of suspense files,
or to comply with the mandates of section 299C.111, relating to
the reduction of the number of suspense files. This duty to
obtain fingerprints for the offenses in suspense at the request
of the bureau shall include the requirement that fingerprints be
taken in post-arrest interviews; while making court appearances;
while in custody; or while on any form of probation, diversion,
or supervised release new text end .

(b) Unless the superintendent of the bureau requires a
shorter period, within 24 hours the fingerprint records and
other identification data specified under paragraph (a) must be
forwarded to the bureau on such forms and in such manner as may
be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers new text begin and their
agents, employees, and subordinates, new text end shall attempt to ensure
that the required identification data is taken on a person
described in paragraph (a). new text begin Law enforcement may take
fingerprints of an individual who is presently on probation.
new text end

(d) For purposes of this section, a targeted misdemeanor is
a misdemeanor violation of section 169A.20 (driving while
impaired), 518B.01 (order for protection violation), 609.224
(fifth degree assault), 609.2242 (domestic assault), 609.746
(interference with privacy), 609.748 (harassment or restraining
order violation), or 617.23 (indecent exposure).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 11.

Minnesota Statutes 2004, section 299C.10, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Court disposition record in suspense;
fingerprinting. new text end

new text begin The superintendent of the bureau shall inform a
prosecuting authority that a person prosecuted by that authority
is the subject of a court disposition record in suspense which
requires fingerprinting under this section. Upon being notified
by the superintendent or otherwise learning of the suspense
status of a court disposition record, any prosecuting authority
may bring a motion in district court to compel the taking of the
person's fingerprints upon a showing to the court that the
person is the subject of the court disposition record in
suspense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 12.

Minnesota Statutes 2004, section 299C.14, is
amended to read:

299C.14 INFORMATION ON RELEASED PRISONER.

It shall be the duty of the officials having charge of the
penal institutions of the state or the release of prisoners
therefrom to furnish to the bureau, as the superintendent may
require, finger and thumb prints, photographs, distinctive
physical mark identification data, other identification data,
modus operandi reports, and criminal records of prisoners
heretofore, now, or hereafter confined in such penal
institutions, together with the period of their service and the
time, terms, and conditions of their discharge. new text begin This duty to
furnish information includes, but is not limited to, requests
for fingerprints as the superintendent of the bureau deems
necessary to maintain and ensure the accuracy of the bureau's
criminal history files, to reduce the number of suspense files,
or to comply with the mandates of section 299C.111 relating to
the reduction of the number of suspense files where a
disposition record is received that cannot be linked to an
arrest record.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 13.

Minnesota Statutes 2004, section 299C.145,
subdivision 3, is amended to read:

Subd. 3.

Authority to enter or retrieve data.

Only deleted text begin law
enforcement deleted text end new text begin criminal justice new text end agencies new text begin , as defined in section
299C.46, subdivision 2, new text end may submit data to and obtain data from
the distinctive physical mark identification system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 14.

Minnesota Statutes 2004, section 299C.65,
subdivision 1, is amended to read:

Subdivision 1.

Membership, duties.

(a) The Criminal and
Juvenile Justice Information Policy Group consists of the
commissioner of corrections, the commissioner of public safety,
the commissioner of administration, the commissioner of finance,
deleted text begin and deleted text end four members of the judicial branch appointed by the chief
justice of the Supreme Court new text begin , the chief administrator of the
Board of Public Defense, and the chair, the first vice chair,
and two additional members of the Criminal and Juvenile Justice
Information Task Force. The two additional members of the task
force must be elected officials, and one must have been selected
by the League of Minnesota Cities and the other by the Minnesota
Association of Counties new text end . The policy group may appoint
additional, nonvoting members as necessary from time to time.

(b) The commissioner of public safety is designated as the
chair of the policy group. The commissioner and the policy
group have overall responsibility for the successful completion
of statewide criminal justice information system integration
(CriMNet). The policy group may hire deleted text begin a program manager deleted text end new text begin an
executive director new text end to manage the CriMNet projects and to be
responsible for the day-to-day operations of CriMNet. new text begin The
executive director shall serve at the pleasure of the policy
group in unclassified service. new text end The policy group must ensure
that generally accepted project management techniques are
utilized for each CriMNet project, including:

(1) clear sponsorship;

(2) scope management;

(3) project planning, control, and execution;

(4) continuous risk assessment and mitigation;

(5) cost management;

(6) quality management reviews;

(7) communications management; deleted text begin and
deleted text end

(8) proven methodology new text begin ; and
new text end

new text begin (9) education and training new text end .

(c) Products and services for CriMNet project management,
system design, implementation, and application hosting must be
acquired using an appropriate procurement process, which
includes:

(1) a determination of required products and services;

(2) a request for proposal development and identification
of potential sources;

(3) competitive bid solicitation, evaluation, and
selection; and

(4) contract administration and close-out.

(d) The policy group shall study and make recommendations
to the governor, the Supreme Court, and the legislature on:

(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a
community data model for state, county, and local criminal
justice information;

(2) the responsibilities of each entity within the criminal
and juvenile justice systems concerning the collection,
maintenance, dissemination, and sharing of criminal justice
information with one another;

(3) actions necessary to ensure that information maintained
in the criminal justice information systems is accurate and
up-to-date;

(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and
felony-level juvenile offenders that is part of the integrated
criminal justice information system framework;

(5) the development of an information system containing
criminal justice information on misdemeanor arrests,
prosecutions, and convictions that is part of the integrated
criminal justice information system framework;

(6) comprehensive training programs and requirements for
all individuals in criminal justice agencies to ensure the
quality and accuracy of information in those systems;

(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal
justice data;

(8) a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice
information systems;

(9) the equipment, training, and funding needs of the state
and local agencies that participate in the criminal justice
information systems;

(10) the impact of integrated criminal justice information
systems on individual privacy rights;

(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes;

(12) the collection of data on race and ethnicity in
criminal justice information systems;

(13) the development of a tracking system for domestic
abuse orders for protection;

(14) processes for expungement, correction of inaccurate
records, destruction of records, and other matters relating to
the privacy interests of individuals; and

(15) the development of a database for extended
jurisdiction juvenile records and whether the records should be
public or private and how long they should be retained.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 15.

Minnesota Statutes 2004, section 299C.65,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin report, deleted text end task force.

deleted text begin (a) The policy group shall
file an annual report with the governor, Supreme Court, and
chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice
funding and policy by December 1 of each year.
deleted text end

deleted text begin (b) The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, deleted text end The policy group shall appoint a task force
deleted text begin consisting deleted text end new text begin to assist them in their duties. The task force shall
monitor, review, and report to the policy group on
CriMNet-related projects and provide oversight to ongoing
operations as directed by the policy group. The task force
shall consist new text end of deleted text begin its members or their designees and deleted text end the
following deleted text begin additional deleted text end members:

(1) deleted text begin the director of the Office of Strategic and Long-Range
Planning;
deleted text end

deleted text begin (2) deleted text end two sheriffs recommended by the Minnesota Sheriffs
Association;

deleted text begin (3) deleted text end new text begin (2) new text end two police chiefs recommended by the Minnesota
Chiefs of Police Association;

deleted text begin (4) deleted text end new text begin (3) new text end two county attorneys recommended by the Minnesota
County Attorneys Association;

deleted text begin (5) deleted text end new text begin (4) new text end two city attorneys recommended by the Minnesota
League of Cities;

deleted text begin (6) deleted text end new text begin (5) new text end two public defenders appointed by the Board of
Public Defense;

deleted text begin (7) deleted text end new text begin (6) new text end two district judges appointed by the Conference of
Chief Judges, one of whom is currently assigned to the juvenile
court;

deleted text begin (8) deleted text end new text begin (7) new text end two community corrections administrators
recommended by the Minnesota Association of Counties, one of
whom represents a community corrections act county;

deleted text begin (9) deleted text end new text begin (8) new text end two probation officers;

deleted text begin (10) deleted text end new text begin (9) new text end four public members, one of whom has been a victim
of crime, and two who are representatives of the private
business community who have expertise in integrated information
systems;

deleted text begin (11) deleted text end new text begin (10) new text end two court administrators;

deleted text begin (12) deleted text end new text begin (11) new text end one member of the house of representatives
appointed by the speaker of the house;

deleted text begin (13) deleted text end new text begin (12) new text end one member of the senate appointed by the
majority leader;

deleted text begin (14) deleted text end new text begin (13) new text end the attorney general or a designee;

deleted text begin (15) the commissioner of administration or a designee;
deleted text end

deleted text begin (16) deleted text end new text begin (14) new text end deleted text begin an individual deleted text end new text begin two individuals new text end recommended by the
Minnesota League of Cities new text begin , one of whom works or resides in
greater Minnesota and one of whom works or resides in the
seven-county metropolitan area new text end ; deleted text begin and
deleted text end

deleted text begin (17) deleted text end new text begin (15) new text end deleted text begin an individual deleted text end new text begin two individuals new text end recommended by the
Minnesota Association of Counties new text begin , one of whom works or resides
in greater Minnesota and one of whom works or resides in the
seven-county metropolitan area;
new text end

new text begin (16) the director of the Sentencing Guidelines Commission;
new text end

new text begin (17) one member appointed by the commissioner of public
safety;
new text end

new text begin (18) one member appointed by the commissioner of
corrections;
new text end

new text begin (19) one member appointed by the commissioner of
administration; and
new text end

new text begin (20) one member appointed by the chief justice of the
Supreme Court new text end .

In making these appointments, the appointing authority shall
select members with expertise in integrated data systems or best
practices. new text begin The task force member selected by the League of
Minnesota Cities and the member selected by the Minnesota
Association of Counties who are also members of the policy group
may each select an alternate to serve on the task force in their
absence.
new text end

deleted text begin (c) deleted text end The commissioner of public safety may appoint
additional, nonvoting members to the task force as necessary
from time to time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 16.

Minnesota Statutes 2004, section 299C.65, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Report. new text end

new text begin The policy group, with the assistance
of the task force, shall file an annual report with the
governor, Supreme Court, and chairs and ranking minority members
of the senate and house committees and divisions with
jurisdiction over criminal justice funding and policy by January
15 of each year. The report must provide the following:
new text end

new text begin (1) status and review of current integration efforts and
projects;
new text end

new text begin (2) recommendations concerning any legislative changes or
appropriations that are needed to ensure that the criminal
justice information systems operate accurately and efficiently;
and
new text end

new text begin (3) summary of the activities of the policy group and task
force.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 17.

Minnesota Statutes 2004, section 299C.65,
subdivision 5, is amended to read:

Subd. 5.

Review of funding and grant requests.

(a) The
Criminal and Juvenile Justice Information Policy Group shall
review the funding requests for criminal justice information
systems from state, county, and municipal government agencies.
The policy group shall review the requests for compatibility to
statewide criminal justice information system standards. The
review shall be forwarded to the chairs and ranking minority
members of the house and senate committees and divisions with
jurisdiction over criminal justice funding and policy.

(b) The deleted text begin policy group shall also review funding requests for
criminal justice information systems grants to be made by the
commissioner of public safety as provided in this section.
Within the limits of available appropriations, the commissioner
of public safety shall make grants for projects that have been
approved by the policy group. deleted text end new text begin CriMNet program office, in
consultation with the Criminal and Juvenile Justice Information
Task Force and with the approval of the policy group, shall
create the requirements for any grant request and determine the
integration priorities for the grant period. The CriMNet
program office shall also review the requests submitted for
compatibility to statewide criminal justice information systems
standards.
new text end

(c) deleted text begin If a funding request is for development of a
comprehensive criminal justice information integration plan, the
policy group shall ensure that the request contains the
components specified in subdivision 6. If a funding request is
for implementation of a plan or other criminal justice
information systems project, the policy group shall ensure that:
deleted text end

deleted text begin (1) the government agency has adopted a comprehensive plan
that complies with subdivision 6;
deleted text end

deleted text begin (2) the request contains the components specified in
subdivision 7; and
deleted text end

deleted text begin (3) the request demonstrates that it is consistent with the
government agency's comprehensive plan. deleted text end new text begin The task force shall
review funding requests for criminal justice information systems
grants and make recommendations to the policy group. The policy
group shall review the recommendations of the task force and
shall make a final recommendation for criminal justice
information systems grants to be made by the commissioner of
public safety. Within the limits of available state
appropriations and federal grants, the commissioner of public
safety shall make grants for projects that have been recommended
by the policy group.
new text end

new text begin (d) The policy group may approve grants only if the
applicant provides an appropriate share of matching funds as
determined by the policy group to help pay up to one-half of the
costs of the grant request. The matching requirement must be
constant for all counties. The policy group shall adopt
policies concerning the use of in-kind resources to satisfy the
match requirement and the sources from which matching funds may
be obtained. Local operational or technology staffing costs may
be considered as meeting this match requirement. Each grant
recipient shall certify to the policy group that it has not
reduced funds from local, county, federal, or other sources
which, in the absence of the grant, would have been made
available to the grant recipient to improve or integrate
criminal justice technology.
new text end

new text begin (e) All grant recipients shall submit to the CriMNet
program office all requested documentation including grant
status, financial reports, and a final report evaluating how the
grant funds improved the agency's criminal justice integration
priorities. The CriMNet program office shall establish the
recipient's reporting dates at the time funds are awarded.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 18.

Minnesota Statutes 2004, section 326.3384,
subdivision 1, is amended to read:

Subdivision 1.

Prohibition.

No license holder or
employee of a license holder shall, in a manner that implies
that the person is an employee or agent of a governmental
agency, display on a badge, identification card, emblem,
vehicle, uniform, stationery, or in advertising for private
detective or protective agent services:

(1) the words new text begin "public safety," new text end "police," "constable,"
"highway patrol," new text begin "state patrol," new text end "sheriff," "trooper," or "law
enforcement"; or

(2) the name of a municipality, county, state, or of the
United States, or any governmental subdivision thereof.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 19.

new text begin [629.406] MAINTENANCE OF BOOKING RECORDINGS.
new text end

new text begin When a law enforcement agency elects to produce an
electronic recording of any portion of the arrest, booking, or
testing process in connection with the arrest of a person, the
agency must maintain the recording for a minimum of 30 days
after the date the person was booked.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, sections 299A.64; 299A.65; and
299A.66, are repealed.
new text end

new text begin (b) Minnesota Statutes 2004, sections 299A.68; and 299C.65,
subdivisions 3, 4, 6, 7, 8, 8a, and 9, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective January 1,
2006. Paragraph (b) is effective July 1, 2005.
new text end

ARTICLE 12

DNA COLLECTION

Section 1.

Minnesota Statutes 2004, section 13.6905,
subdivision 17, is amended to read:

Subd. 17.

Dna evidence.

DNA identification data
maintained by the Bureau of Criminal Apprehension are governed
by deleted text begin section deleted text end new text begin sections 299C.11 and new text end 299C.155.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 299C.03, is
amended to read:

299C.03 SUPERINTENDENT; RULES.

The superintendent, with the approval of the commissioner
of public safety, from time to time, shall make such rules and
adopt such measures as the superintendent deems necessary,
within the provisions and limitations of sections 299C.03 to
299C.08, 299C.10, new text begin 299C.105, new text end 299C.11, 299C.17, 299C.18, and
299C.21, to secure the efficient operation of the bureau. The
bureau shall cooperate with the respective sheriffs, constables,
marshals, police, and other peace officers of the state in the
detection of crime and the apprehension of criminals throughout
the state, and shall have the power to conduct such
investigations as the superintendent, with the approval of the
commissioner of public safety, may deem necessary to secure
evidence which may be essential to the apprehension and
conviction of alleged violators of the criminal laws of the
state. The various members of the bureau shall have and may
exercise throughout the state the same powers of arrest
possessed by a sheriff, but they shall not be employed to render
police service in connection with strikes and other industrial
disputes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 299C.08, is
amended to read:

299C.08 OATH OF SUPERINTENDENT AND EMPLOYEES.

The superintendent and each employee in the bureau whom the
superintendent shall designate, before entering upon the
performance of duties under sections 299C.03 to 299C.08,
299C.10, new text begin 299C.105, new text end 299C.11, 299C.17, 299C.18, and 299C.21, shall
take the usual oath.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

new text begin [299C.105] DNA DATA REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Required collection of biological specimen
for dna testing. new text end

new text begin (a) Sheriffs, peace officers, and community
corrections agencies operating secure juvenile detention
facilities shall take or cause to be taken immediately
biological specimens for the purpose of DNA analysis as defined
in section 299C.155, of the following:
new text end

new text begin (1) persons arrested for, appearing in court on a charge
of, or convicted of or attempting to commit any of the following:
new text end

new text begin (i) murder under section 609.185, 609.19, or 609.195;
new text end

new text begin (ii) manslaughter under section 609.20 or 609.205;
new text end

new text begin (iii) assault under section 609.221, 609.222, or 609.223;
new text end

new text begin (iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
new text end

new text begin (v) kidnapping under section 609.25;
new text end

new text begin (vi) false imprisonment under section 609.255;
new text end

new text begin (vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
new text end

new text begin (viii) incest under section 609.365;
new text end

new text begin (ix) burglary under section 609.582, subdivision 1; or
new text end

new text begin (x) indecent exposure under section 617.23, subdivision 3;
new text end

new text begin (2) persons sentenced as patterned sex offenders under
section 609.108; or
new text end

new text begin (3) juveniles arrested for, appearing in court on a charge
of, adjudicated delinquent for, or alleged to have committed or
attempted to commit any of the following:
new text end

new text begin (i) murder under section 609.185, 609.19, or 609.195;
new text end

new text begin (ii) manslaughter under section 609.20 or 609.205;
new text end

new text begin (iii) assault under section 609.221, 609.222, or 609.223;
new text end

new text begin (iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
new text end

new text begin (v) kidnapping under section 609.25;
new text end

new text begin (vi) false imprisonment under section 609.255;
new text end

new text begin (vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
new text end

new text begin (viii) incest under section 609.365;
new text end

new text begin (ix) burglary under section 609.582, subdivision 1; or
new text end

new text begin (x) indecent exposure under section 617.23, subdivision 3.
new text end

new text begin (b) Unless the superintendent of the bureau requires a
shorter period, within 72 hours the biological specimen required
under paragraph (a) must be forwarded to the bureau in such a
manner as may be prescribed by the superintendent.
new text end

new text begin (c) Prosecutors, courts, and probation officers shall
attempt to ensure that the biological specimen is taken on a
person described in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Law enforcement training; duties. new text end

new text begin (a) The
persons who collect the biological specimens required under
subdivision 1 must be trained to bureau-established standards in
the proper method of collecting and transmitting biological
specimens.
new text end

new text begin (b) A law enforcement officer who seeks to collect a
biological specimen from a juvenile pursuant to subdivision 1
must notify the juvenile's parent or guardian prior to
collecting the biological specimen.
new text end

new text begin Subd. 3. new text end

new text begin Bureau duty. new text end

new text begin If the bureau is notified that a
person who submitted a biological specimen under this
subdivision was found not guilty or otherwise not convicted of
an offense listed in subdivision 1, paragraph (a), the bureau
must destroy the person's biological specimen and return all
records to the individual.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons arrested on or after that date.
new text end

Sec. 5.

new text begin [299C.106] ADDITIONAL DNA DATA REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Required collection of biological specimen
for dna testing. new text end

new text begin (a) As of July 1, 2010, sheriffs, peace
officers, and community corrections agencies operating secure
juvenile detention facilities shall take or cause to be taken
immediately biological specimens for the purpose of DNA analysis
as defined in section 299C.155, of persons arrested for,
appearing in court on a charge of, or convicted of or attempting
to commit any felony that is not described in section 299C.105,
subdivision 1, paragraph (a), clause (1).
new text end

new text begin (b) Unless the superintendent of the bureau requires a
shorter period, within 72 hours the biological specimen required
under paragraph (a) must be forwarded to the bureau in such a
manner as may be prescribed by the superintendent.
new text end

new text begin (c) Prosecutors, courts, and probation officers shall
attempt to ensure that the biological specimen is taken on a
person described in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Law enforcement training; duties. new text end

new text begin (a) The
persons who collect the biological specimens required under
subdivision 1 must be trained to bureau-established standards in
the proper method of collecting and transmitting biological
specimens.
new text end

new text begin (b) A law enforcement officer who seeks to collect a
biological specimen from a juvenile pursuant to subdivision 1
must notify the juvenile's parent or guardian prior to
collecting the biological specimen.
new text end

new text begin Subd. 3. new text end

new text begin Bureau duty. new text end

new text begin If the bureau is notified that a
person who submitted a biological specimen under this
subdivision was found not guilty or otherwise not convicted of a
felony level offense, the bureau must destroy the person's
biological specimen and return all records to the individual.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010,
and applies to persons arrested on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 299C.11, is
amended to read:

299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.

new text begin Subdivision 1. new text end

deleted text begin fingerprints deleted text end new text begin identification data other
than dna. new text end

(a) Each sheriff and chief of police shall furnish
the bureau, upon such form as the superintendent shall
prescribe, with such finger and thumb prints, photographs,
distinctive physical mark identification data, information on
known aliases and street names, and other identification data as
may be requested or required by the superintendent of the
bureau, which must be taken under the provisions of section
299C.10. In addition, sheriffs and chiefs of police shall
furnish this identification data to the bureau for individuals
found to have been convicted of a felony, gross misdemeanor, or
targeted misdemeanor, within the ten years immediately preceding
their arrest.

(b) No petition under chapter 609A is required if the
person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the
period of ten years immediately preceding the determination of
all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of
probable cause; or

(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.

Where these conditions are met, the bureau or agency shall, upon
demand, return to the arrested person finger and thumb prints,
photographs, distinctive physical mark identification data,
information on known aliases and street names, and other
identification data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal
finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street
names, and other identification data, and all copies and
duplicates of them if the arrested person has not been convicted
of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding such
determination.

deleted text begin (d) DNA samples and DNA records of the arrested person
shall not be returned, sealed, or destroyed as to a charge
supported by probable cause.
deleted text end

deleted text begin (e) For purposes of this section:
deleted text end

deleted text begin (1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:
deleted text end

deleted text begin (i) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, or chapter 609A;
deleted text end

deleted text begin (ii) the arrested person's successful completion of a
diversion program;
deleted text end

deleted text begin (iii) an order of discharge under section 609.165; or
deleted text end

deleted text begin (iv) a pardon granted under section 638.02; and
deleted text end

deleted text begin (2) "targeted misdemeanor" has the meaning given in section
299C.10, subdivision 1.
deleted text end

new text begin Subd. 2. new text end

new text begin Dna samples and records. new text end

new text begin (a) Each sheriff and
chief of police shall furnish the bureau, in such form as the
superintendent shall prescribe, with the biological specimens
required to be taken under section 299C.105.
new text end

new text begin (b) No petition under chapter 609A is required if the
person has not been convicted of any felony, either within or
without the state, within the period of ten years immediately
preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the
following occurred:
new text end

new text begin (1) all charges were dismissed prior to a determination of
probable cause; or
new text end

new text begin (2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment. Where these
conditions are met, the bureau or agency shall, upon demand,
remove the person's information from the bureau's combined DNA
index system and return to the arrested person the biological
specimen, all related records, and all copies and duplicates of
them.
new text end

new text begin (c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall
remove the person's information from the bureau's combined DNA
index system and seal the biological specimen, all related
records, and all copies and duplicates of them, if the arrested
person has not been convicted of any felony, either within or
without the state, within the period of ten years immediately
preceding such determination. The remedies in section 13.08
apply to a violation of this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin As used in this section, the
following terms have the definitions provided:
new text end

new text begin (1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:
new text end

new text begin (i) the sealing of a criminal record pursuant to sections
152.18, subdivision 1, and 242.31 or chapter 609A;
new text end

new text begin (ii) the arrested person's successful completion of a
diversion program;
new text end

new text begin (iii) an order of discharge under section 609.165; or
new text end

new text begin (iv) a pardon granted under section 638.02; and
new text end

new text begin (2) "targeted misdemeanor" has the meaning given in section
299C.10, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to offenders arrested on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 299C.155, is
amended to read:

299C.155 STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.

Subdivision 1.

Definition.

As used in this section, "DNA
analysis" means the process through which deoxyribonucleic acid
(DNA) in a human biological specimen is analyzed and compared
with DNA from another human biological specimen for
identification purposes.

Subd. 2.

Uniform evidence collection.

The bureau shall
develop uniform procedures and protocols for collecting evidence
in cases of alleged or suspected criminal sexual conduct,
including procedures and protocols for the collection and
preservation of human biological specimens for DNA analysis. Law
enforcement agencies and medical personnel who conduct
evidentiary exams shall use the uniform procedures and protocols
in their investigation of criminal sexual conduct offenses. The
uniform procedures and protocols developed under this
subdivision are not subject to the rulemaking provisions of
chapter 14.

Subd. 3.

Dna analysis and data bank.

The bureau shall
adopt uniform procedures and protocols to maintain, preserve,
and analyze human biological specimens for DNA. The bureau
shall establish a centralized system to cross-reference data
obtained from DNA analysis. new text begin Data contained on the bureau's
centralized system is private data on individuals, as that term
is defined in section 13.02. The bureau's centralized system
may only be accessed by authorized law enforcement personnel and
used solely for law enforcement identification purposes. The
remedies in section 13.08 apply to a violation of this
subdivision. new text end The uniform procedures and protocols developed
under this subdivision are not subject to the rulemaking
provisions of chapter 14.

Subd. 4.

Record.

The bureau shall perform DNA analysis
and make data obtained available to law enforcement officials in
connection with criminal investigations in which human
biological specimens have been recovered. Upon request, the
bureau shall also make the data available to the prosecutor and
the subject of the data in any subsequent criminal prosecution
of the subject. new text begin The results of the bureau's DNA analysis and
related records are private data on individuals, as that term is
defined in section 13.02, and may only be used for law
enforcement identification purposes. The remedies in section
13.08 apply to a violation of this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 299C.21, is
amended to read:

299C.21 PENALTY ON LOCAL OFFICER REFUSING INFORMATION.

If any public official charged with the duty of furnishing
to the bureau fingerprint records, new text begin biological specimens,
new text end reports, or other information required by sections 299C.06,
299C.10, new text begin 299C.105, new text end 299C.11, 299C.17, shall neglect or refuse to
comply with such requirement, the bureau, in writing, shall
notify the state, county, or city officer charged with the
issuance of a warrant for the payment of the salary of such
official. Upon the receipt of the notice the state, county, or
city official shall withhold the issuance of a warrant for the
payment of the salary or other compensation accruing to such
officer for the period of 30 days thereafter until notified by
the bureau that such suspension has been released by the
performance of the required duty.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 9.

new text begin [590.10] PRESERVATION OF EVIDENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Preservation. new text end

new text begin Notwithstanding any other
provision of law, all appropriate governmental entities shall
retain any biological evidence relating to the identification of
a defendant used to secure a conviction in a criminal case until
expiration of sentence unless earlier disposition is authorized
by court order after notice to the defendant and defense
counsel. No order for earlier disposition of this evidence
shall be issued if the defendant or defense counsel objects.
new text end

new text begin The governmental entity need retain only the portion of
such evidence as was used to obtain an accurate biological
sample used to obtain a conviction. If the size of the
biological sample requires that it be consumed in analysis, the
Minnesota Rules of Criminal Procedure shall apply. If evidence
is intentionally destroyed after the filing of a petition under
section 590.01, subdivision 1a, the court may impose appropriate
sanctions on the responsible party or parties.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section,
"biological evidence" means:
new text end

new text begin (1) the samples obtained in a sexual assault examination
kit; or
new text end

new text begin (2) any item that contains blood, semen, hair, saliva,
skin, tissue, or other identifiable biological material present
on physical evidence or preserved on a slide or swab if such
evidence relates to the identification of the defendant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.117, is
amended to read:

609.117 DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.

Subdivision 1.

Upon sentencing.

new text begin If an offender has not
already done so, new text end the court shall order an offender to provide a
biological specimen for the purpose of DNA analysis as defined
in section 299C.155 when:

(1) the court sentences a person charged with deleted text begin violating or
attempting to violate any of the following, deleted text end new text begin committing or
attempting to commit a felony offense new text end and the person is
convicted of that offense or of any offense arising out of the
same set of circumstances deleted text begin :
deleted text end

deleted text begin (i) murder under section 609.185, 609.19, or 609.195;
deleted text end

deleted text begin (ii) manslaughter under section 609.20 or 609.205;
deleted text end

deleted text begin (iii) assault under section 609.221, 609.222, or 609.223;
deleted text end

deleted text begin (iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
deleted text end

deleted text begin (v) kidnapping under section 609.25;
deleted text end

deleted text begin (vi) false imprisonment under section 609.255;
deleted text end

deleted text begin (vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
deleted text end

deleted text begin (viii) incest under section 609.365;
deleted text end

deleted text begin (ix) burglary under section 609.582, subdivision 1; or
deleted text end

deleted text begin (x) indecent exposure under section 617.23, subdivision 3;
deleted text end

deleted text begin (2) the court sentences a person as a patterned sex
offender under section 609.108 deleted text end ; or

deleted text begin (3) deleted text end new text begin (2) new text end the juvenile court adjudicates a person a
delinquent child who is deleted text begin the subject of a delinquency petition
for violating or attempting to violate any of the following, and
the delinquency adjudication is based on a violation of one of
those sections or of any offense arising out of the same set of
circumstances:
deleted text end

deleted text begin (i) murder under section 609.185, 609.19, or 609.195;
deleted text end

deleted text begin (ii) manslaughter under section 609.20 or 609.205;
deleted text end

deleted text begin (iii) assault under section 609.221, 609.222, or 609.223;
deleted text end

deleted text begin (iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
deleted text end

deleted text begin (v) kidnapping under section 609.25;
deleted text end

deleted text begin (vi) false imprisonment under section 609.255;
deleted text end

deleted text begin (vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
deleted text end

deleted text begin (viii) incest under section 609.365;
deleted text end

deleted text begin (ix) burglary under section 609.582, subdivision 1; or
deleted text end

deleted text begin (x) indecent exposure under section 617.23, subdivision
3 deleted text end new text begin petitioned for committing or attempting to commit a felony
offense and is adjudicated delinquent for that offense or any
offense arising out of the same set of circumstances new text end .

The biological specimen or the results of the analysis shall be
maintained by the Bureau of Criminal Apprehension as provided in
section 299C.155.

Subd. 2.

Before release.

The commissioner of corrections
or local corrections authority shall order a person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis and the person:

(1) deleted text begin is currently serving a term of imprisonment for or has
a past conviction for violating or attempting to violate any of
the following or a similar law of another state or the United
States or deleted text end new text begin was new text end initially charged with deleted text begin violating one of the
following sections or a similar law of another state or the
United States and deleted text end new text begin committing or attempting to commit a felony
offense and was new text end convicted of deleted text begin another deleted text end new text begin that offense or of any
new text end offense arising out of the same set of circumstances deleted text begin :
deleted text end

deleted text begin (i) murder under section 609.185, 609.19, or 609.195;
deleted text end

deleted text begin (ii) manslaughter under section 609.20 or 609.205;
deleted text end

deleted text begin (iii) assault under section 609.221, 609.222, or 609.223;
deleted text end

deleted text begin (iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
deleted text end

deleted text begin (v) kidnapping under section 609.25;
deleted text end

deleted text begin (vi) false imprisonment under section 609.255;
deleted text end

deleted text begin (vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
deleted text end

deleted text begin (viii) incest under section 609.365;
deleted text end

deleted text begin (ix) burglary under section 609.582, subdivision 1; or
deleted text end

deleted text begin (x) indecent exposure under section 617.23, subdivision 3;
or
deleted text end

deleted text begin (2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections deleted text end new text begin , or the person has a past felony conviction new text end ; or

deleted text begin (3) deleted text end new text begin (2) new text end is serving a term of imprisonment in this state
under a reciprocal agreement although convicted in another state
of deleted text begin an offense described in this subdivision or a similar law of
the United States or any other state deleted text end new text begin committing or attempting to
commit a felony offense or of any offense arising out of the
same set of circumstances if the person was initially charged
with committing or attempting to commit a felony offense new text end . The
commissioner of corrections or local corrections authority shall
forward the sample to the Bureau of Criminal Apprehension.

Subd. 3.

Offenders from other states.

When the state
accepts an offender from another state under the interstate
compact authorized by section 243.16, the acceptance is
conditional on the offender providing a biological specimen for
the purposes of DNA analysis as defined in section 299C.155, if
the offender was deleted text begin convicted of an offense described in
subdivision 1 or a similar law of the United States or any other
state deleted text end new text begin initially charged with committing or attempting to commit
a felony offense and was convicted of that offense or of any
offense arising out of the same set of circumstances new text end . The
specimen must be provided under supervision of staff from the
Department of Corrections or a Community Corrections Act county
within 15 business days after the offender reports to the
supervising agent. The cost of obtaining the biological
specimen is the responsibility of the agency providing
supervision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to offenders sentenced, released from incarceration,
or accepted for supervision on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609A.02,
subdivision 3, is amended to read:

Subd. 3.

Certain criminal proceedings not resulting in a
conviction.

A petition may be filed under section 609A.03 to
seal all records relating to an arrest, indictment or
information, trial, or verdict if the records are not subject to
section 299C.11, new text begin subdivision 1, new text end paragraph (b), and if all
pending actions or proceedings were resolved in favor of the
petitioner. For purposes of this chapter, a verdict of not
guilty by reason of mental illness is not a resolution in favor
of the petitioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609A.03,
subdivision 7, is amended to read:

Subd. 7.

Limitations of order.

deleted text begin (a) Upon issuance of an
expungement order related to a charge supported by probable
cause, the DNA samples and DNA records held by the Bureau of
Criminal Apprehension shall not be sealed, returned to the
subject of the record, or destroyed.
deleted text end

deleted text begin (b) deleted text end Notwithstanding the issuance of an expungement order:

(1) an expunged record may be opened for purposes of a
criminal investigation, prosecution, or sentencing, upon an ex
parte court order; and

(2) an expunged record of a conviction may be opened for
purposes of evaluating a prospective employee in a criminal
justice agency without a court order.

Upon request by law enforcement, prosecution, or
corrections authorities, an agency or jurisdiction subject to an
expungement order shall inform the requester of the existence of
a sealed record and of the right to obtain access to it as
provided by this paragraph. For purposes of this section, a
"criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under
statutory authority.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 13. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In each section of Minnesota Statutes where section
299C.105 is cross-referenced, the revisor of statutes shall
insert a cross-reference to section 299C.106.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 609.119, is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

ARTICLE 13

CORRECTIONS

Section 1.

Minnesota Statutes 2004, section 16C.09, is
amended to read:

16C.09 PROCEDURE FOR SERVICE CONTRACTS.

(a) Before entering into or approving a service contract,
the commissioner must determine, at least, that:

(1) no current state employee is able and available to
perform the services called for by the contract;

(2) the work to be performed under the contract is
necessary to the agency's achievement of its statutory
responsibilities and there is statutory authority to enter into
the contract;

(3) the contract will not establish an employment
relationship between the state or the agency and any persons
performing under the contract;

(4) the contractor and agents are not employees of the
state;

(5) the contracting agency has specified a satisfactory
method of evaluating and using the results of the work to be
performed; and

(6) the combined contract and amendments will not exceed
five years without specific, written approval by the
commissioner according to established policy, procedures, and
standards, or unless otherwise provided for by law. The term of
the original contract must not exceed two years, unless the
commissioner determines that a longer duration is in the best
interest of the state.

(b) For purposes of paragraph (a), clause (1), employees
are available if qualified and:

(1) are already doing the work in question; or

(2) are on layoff status in classes that can do the work in
question.

An employee is not available if the employee is doing other
work, is retired, or has decided not to do the work in question.

new text begin (c) This section does not apply to an agency's use of
inmates pursuant to sections 241.20 to 241.23 or to an agency's
use of persons required by a court to provide (1) community
service or (2) conservation or maintenance services on lands
under the jurisdiction and control of the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2004.
new text end

Sec. 2.

Minnesota Statutes 2004, section 43A.047, is
amended to read:

43A.047 CONTRACTED SERVICES.

(a) Executive agencies, including the Minnesota State
Colleges and Universities system, must demonstrate that they
cannot use available staff before hiring outside consultants or
services. If use of consultants is necessary, agencies are
encouraged to negotiate contracts that will involve permanent
staff, so as to upgrade and maximize training of state employees.

(b) If agencies reduce operating budgets, agencies must
give priority to reducing spending on professional and technical
service contracts before laying off permanent employees.

new text begin (c) This section does not apply to an agency's use of
inmates pursuant to sections 241.20 to 241.23 or to an agency's
use of persons required by a court to provide (1) community
service or (2) conservation or maintenance services on lands
under the jurisdiction and control of the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2004.
new text end

Sec. 3.

new text begin [241.026] CORRECTIONAL OFFICERS DISCIPLINE
PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this
section, the terms defined in this subdivision have the meanings
given them.
new text end

new text begin (b) "Correctional officer" and "officer" mean a person
employed by the state, a state correctional facility, or a local
correctional or detention facility in a security capacity.
new text end

new text begin (c) "Formal statement" means the questioning of an officer
in the course of obtaining a recorded, stenographic, or signed
statement to be used as evidence in a disciplinary proceeding
against the officer.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin The procedures and provisions of
this section apply to state and local correctional authorities.
new text end

new text begin Subd. 3. new text end

new text begin Governing formal statement procedures. new text end

new text begin The
formal statement of an officer must be taken according to
subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Place of formal statement. new text end

new text begin The formal statement
must be taken at a facility of the employing or investigating
agency or at a place agreed to by the investigating individual
and the investigated officer.
new text end

new text begin Subd. 5. new text end

new text begin Admissions. new text end

new text begin Before an officer's formal
statement is taken, the officer shall be advised in writing or
on the record that admissions made in the course of the formal
statement may be used as evidence of misconduct or as a basis
for discipline.
new text end

new text begin Subd. 6. new text end

new text begin Disclosure of financial records. new text end

new text begin No employer
may require an officer to produce or disclose the officer's
personal financial records except pursuant to a valid search
warrant or subpoena.
new text end

new text begin Subd. 7. new text end

new text begin Release of photographs. new text end

new text begin No state or local
correctional facility or governmental unit may publicly release
photographs of an officer without the written permission of the
officer, except that the facility or unit may display a
photograph of an officer to a prospective witness as part of an
agency or unit investigation.
new text end

new text begin Subd. 8. new text end

new text begin Disciplinary letter. new text end

new text begin No disciplinary letter or
reprimand may be included in an officer's personnel record
unless the officer has been given a copy of the letter or
reprimand.
new text end

new text begin Subd. 9. new text end

new text begin Retaliatory action prohibited. new text end

new text begin No officer may
be discharged, disciplined, or threatened with discharge or
discipline as retaliation for or solely by reason of the
officer's exercise of the rights provided by this section.
new text end

new text begin Subd. 10. new text end

new text begin Rights not reduced. new text end

new text begin The rights of officers
provided by this section are in addition to and do not diminish
the rights and privileges of officers that are provided under an
applicable collective bargaining agreement or any other
applicable law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

new text begin [243.051] COMMUNITY REINTEGRATION; PLACEMENT OF
CERTAIN OFFENDERS WITH LESS THAN 180 DAYS TO SERVE.
new text end

new text begin The commissioner of corrections, with the concurrence of
the local corrections director, may place an offender who is
committed to the custody and care of the commissioner and who
has less than 180 days remaining in the offender's term of
imprisonment at the county jail, regional jail, or local
correctional facility in the jurisdiction where the offender
plans to reside while on supervised release in order to prepare
the offender for reintegration into the community. The
commissioner must pay a county that incarcerates an offender
under this section a per diem equal to the amount paid to
counties by the commissioner to house offenders confined in
state correctional facilities for whom the commissioner has
insufficient beds.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5.

Minnesota Statutes 2004, section 243.1606,
subdivision 1, is amended to read:

Subdivision 1.

Membership.

The Advisory Council on
Interstate Adult Offender Supervision consists of the following
individuals or their designees:

(1) the governor;

(2) the chief justice of the Supreme Court;

(3) two senators, one from the majority and the other from
the minority party, selected by the Subcommittee on Committees
of the senate Committee on Rules and Administration;

(4) two representatives, one from the majority and the
other from the minority party, selected by the house speaker;

(5) the compact administrator, selected as provided in
section 243.1607; deleted text begin and
deleted text end

(6) the executive director of the Center for Crime Victim
Services new text begin ; and
new text end

new text begin (7) other members as appointed by the commissioner of
corrections new text end .

The council may elect a chair from among its members.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 6.

Minnesota Statutes 2004, section 243.24,
subdivision 2, is amended to read:

Subd. 2.

Chief executive officer to increase fund to
$100.

If the fund standing to the credit of the prisoner on the
prisoner's leaving the facility by discharge new text begin , supervised
release, new text end or on parole be less than $100, the warden or chief
executive officer is directed to pay out of the current expense
fund of the facility sufficient funds to make the total of said
earnings the sum of $100. new text begin Offenders who have previously
received the $100 upon their initial release from incarceration
will not receive the $100 on any second or subsequent release
from incarceration for that offense. Offenders who were
sentenced as short-term offenders under section 609.105 shall
not receive gate money.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 7.

Minnesota Statutes 2004, section 244.18,
subdivision 2, is amended to read:

Subd. 2.

Local correctional fees.

A local correctional
agency may establish a schedule of local correctional fees to
charge persons deleted text begin convicted of a crime and deleted text end under the supervision
and control of the local correctional agency to defray costs
associated with correctional services. The local correctional
fees on the schedule must be reasonably related to defendants'
abilities to pay and the actual cost of correctional services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.531,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purpose of sections
609.531 to 609.5318, the following terms have the meanings given
them.

(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not
include property which is, in fact, itself stolen or taken in
violation of the law.

(b) "Weapon used" means a dangerous weapon as defined under
section 609.02, subdivision 6, that the actor used or had in
possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess
under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal
Apprehension, the Minnesota Division of Driver and Vehicle
Services, the Minnesota State Patrol, a county sheriff's
department, the Suburban Hennepin Regional Park District park
rangers, the Department of Natural Resources Division of
Enforcement, the University of Minnesota Police Department, new text begin the
Department of Corrections' Fugitive Apprehension Unit, new text end or a city
or airport police department.

(f) "Designated offense" includes:

(1) for weapons used: any violation of this chapter,
chapter 152, or chapter 624;

(2) for driver's license or identification card
transactions: any violation of section 171.22; and

(3) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17;
325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322;
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487;
609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551;
609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631;
609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and
12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893;
609.895; 617.246; or a gross misdemeanor or felony violation of
section 609.891 or 624.7181; or any violation of section 609.324.

(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.5311,
subdivision 2, is amended to read:

Subd. 2.

Associated property.

new text begin (a) new text end All property, real and
personal, that has been used, or is intended for use, or has in
any way facilitated, in whole or in part, the manufacturing,
compounding, processing, delivering, importing, cultivating,
exporting, transporting, or exchanging of contraband or a
controlled substance that has not been lawfully manufactured,
distributed, dispensed, and acquired is subject to forfeiture
under this section, except as provided in subdivision 3.

new text begin (b) The Department of Corrections' Fugitive Apprehension
Unit shall not seize real property for the purposes of
forfeiture under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.5311,
subdivision 3, is amended to read:

Subd. 3.

Limitations on forfeiture of certain property
associated with controlled substances.

(a) A conveyance device
is subject to forfeiture under this section only if the retail
value of the controlled substance is $25 or more and the
conveyance device is associated with a felony-level controlled
substance crime.

(b) Real property is subject to forfeiture under this
section only if the retail value of the controlled substance or
contraband is $1,000 or more.

(c) Property used by any person as a common carrier in the
transaction of business as a common carrier is subject to
forfeiture under this section only if the owner of the property
is a consenting party to, or is privy to, the use or intended
use of the property as described in subdivision 2.

(d) Property is subject to forfeiture under this section
only if its owner was privy to the use or intended use described
in subdivision 2, or the unlawful use or intended use of the
property otherwise occurred with the owner's knowledge or
consent.

(e) Forfeiture under this section of a conveyance device or
real property encumbered by a bona fide security interest is
subject to the interest of the secured party unless the secured
party had knowledge of or consented to the act or omission upon
which the forfeiture is based. A person claiming a security
interest bears the burden of establishing that interest by clear
and convincing evidence.

(f) Forfeiture under this section of real property is
subject to the interests of a good faith purchaser for value
unless the purchaser had knowledge of or consented to the act or
omission upon which the forfeiture is based.

(g) Notwithstanding paragraphs (d), (e), and (f), property
is not subject to forfeiture based solely on the owner's or
secured party's knowledge of the unlawful use or intended use of
the property if: (1) the owner or secured party took reasonable
steps to terminate use of the property by the offender; or (2)
the property is real property owned by the parent of the
offender, unless the parent actively participated in, or
knowingly acquiesced to, a violation of chapter 152, or the real
property constitutes proceeds derived from or traceable to a use
described in subdivision 2.

new text begin (h) The Department of Corrections' Fugitive Apprehension
Unit shall not seize a conveyance devise, to include motor
vehicles or real property, for the purposes of forfeiture under
paragraphs (a) to (g).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.5312,
subdivision 1, is amended to read:

Subdivision 1.

Property subject to forfeiture.

new text begin (a) new text end All
personal property is subject to forfeiture if it was used or
intended for use to commit or facilitate the commission of a
designated offense. All money and other property, real and
personal, that represent proceeds of a designated offense, and
all contraband property, are subject to forfeiture, except as
provided in this section.

new text begin (b) The Department of Corrections' Fugitive Apprehension
Unit shall not seize real property for the purposes of
forfeiture under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.5312,
subdivision 3, is amended to read:

Subd. 3.

Vehicle forfeiture for prostitution offenses.

(a) A motor vehicle is subject to forfeiture under this
subdivision if it was used to commit or facilitate, or used
during the commission of, a violation of section 609.324 or a
violation of a local ordinance substantially similar to section
609.324. A motor vehicle is subject to forfeiture under this
subdivision only if the offense is established by proof of a
criminal conviction for the offense. Except as otherwise
provided in this subdivision, a forfeiture under this
subdivision is governed by sections 609.531, 609.5312, and
609.5313.

(b) When a motor vehicle subject to forfeiture under this
subdivision is seized in advance of a judicial forfeiture order,
a hearing before a judge or referee must be held within 96 hours
of the seizure. Notice of the hearing must be given to the
registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in
advance of the hearing, that it has filed or intends to file
charges against the alleged violator for violating section
609.324 or a local ordinance substantially similar to section
609.324. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:

(1) the prosecutor has failed to make the certification
required by paragraph (b);

(2) the owner of the motor vehicle has demonstrated to the
court's satisfaction that the owner has a defense to the
forfeiture, including but not limited to the defenses contained
in subdivision 2; or

(3) the court determines that seizure of the vehicle
creates or would create an undue hardship for members of the
owner's family.

(c) If the defendant is acquitted or prostitution charges
against the defendant are dismissed, neither the owner nor the
defendant is responsible for paying any costs associated with
the seizure or storage of the vehicle.

(d) A vehicle leased or rented under section 168.27,
subdivision 4, for a period of 180 days or less is not subject
to forfeiture under this subdivision.

(e) For purposes of this subdivision, seizure occurs either:

(1) at the date at which personal service of process upon
the registered owner is made; or

(2) at the date when the registered owner has been notified
by certified mail at the address listed in the Minnesota
Department of Public Safety computerized motor vehicle
registration records.

new text begin (f) The Department of Corrections' Fugitive Apprehension
Unit shall not participate in paragraphs (a) to (e).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.5312,
subdivision 4, is amended to read:

Subd. 4.

Vehicle forfeiture for fleeing a peace officer.

(a) A motor vehicle is subject to forfeiture under this
subdivision if it was used to commit a violation of section
609.487 and endanger life or property. A motor vehicle is
subject to forfeiture under this subdivision only if the offense
is established by proof of a criminal conviction for the
offense. Except as otherwise provided in this subdivision, a
forfeiture under this subdivision is governed by sections
609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.

(b) When a motor vehicle subject to forfeiture under this
subdivision is seized in advance of a judicial forfeiture order,
a hearing before a judge or referee must be held within 96 hours
of the seizure. Notice of the hearing must be given to the
registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in
advance of the hearing, that it has filed or intends to file
charges against the alleged violator for violating section
609.487. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:

(1) the prosecutor has failed to make the certification
required by this paragraph;

(2) the owner of the motor vehicle has demonstrated to the
court's satisfaction that the owner has a defense to the
forfeiture, including but not limited to the defenses contained
in subdivision 2; or

(3) the court determines that seizure of the vehicle
creates or would create an undue hardship for members of the
owner's family.

(c) If the defendant is acquitted or the charges against
the defendant are dismissed, neither the owner nor the defendant
is responsible for paying any costs associated with the seizure
or storage of the vehicle.

(d) A vehicle leased or rented under section 168.27,
subdivision 4, for a period of 180 days or less is not subject
to forfeiture under this subdivision.

(e) A motor vehicle that is an off-road recreational
vehicle as defined in section 169A.03, subdivision 16, or a
motorboat as defined in section 169A.03, subdivision 13, is not
subject to paragraph (b).

(f) For purposes of this subdivision, seizure occurs either:

(1) at the date at which personal service of process upon
the registered owner is made; or

(2) at the date when the registered owner has been notified
by certified mail at the address listed in the Minnesota
Department of Public Safety computerized motor vehicle
registration records.

new text begin (g) The Department of Corrections' Fugitive Apprehension
Unit shall not seize a motor vehicle for the purposes of
forfeiture under paragraphs (a) to (f).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 14.

Minnesota Statutes 2004, section 609.5314,
subdivision 1, is amended to read:

Subdivision 1.

Property subject to administrative
forfeiture; presumption.

(a) The following are presumed to be
subject to administrative forfeiture under this section:

(1) all money, precious metals, and precious stones found
in proximity to:

(i) controlled substances;

(ii) forfeitable drug manufacturing or distributing
equipment or devices; or

(iii) forfeitable records of manufacture or distribution of
controlled substances;

(2) all conveyance devices containing controlled substances
with a retail value of $100 or more if possession or sale of the
controlled substance would be a felony under chapter 152; and

(3) all firearms, ammunition, and firearm accessories found:

(i) in a conveyance device used or intended for use to
commit or facilitate the commission of a felony offense
involving a controlled substance;

(ii) on or in proximity to a person from whom a felony
amount of controlled substance is seized; or

(iii) on the premises where a controlled substance is
seized and in proximity to the controlled substance, if
possession or sale of the controlled substance would be a felony
under chapter 152.

new text begin (4) The Department of Corrections' Fugitive Apprehension
Unit shall not seize items listed in clauses (2) and (3) for the
purposes of forfeiture.
new text end

(b) A claimant of the property bears the burden to rebut
this presumption.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 15.

Minnesota Statutes 2004, section 609.5317,
subdivision 1, is amended to read:

Subdivision 1.

Rental property.

(a) When contraband or a
controlled substance manufactured, distributed, or acquired in
violation of chapter 152 is seized on residential rental
property incident to a lawful search or arrest, the county
attorney shall give the notice required by this subdivision to
(1) the landlord of the property or the fee owner identified in
the records of the county assessor, and (2) the agent authorized
by the owner to accept service pursuant to section 504B.181.
The notice is not required during an ongoing investigation. The
notice shall state what has been seized and specify the
applicable duties and penalties under this subdivision. The
notice shall state that the landlord who chooses to assign the
right to bring an eviction action retains all rights and duties,
including removal of a tenant's personal property following
issuance of the writ of restitution and delivery of the writ to
the sheriff for execution. The notice shall also state that the
landlord may contact the county attorney if threatened by the
tenant. Notice shall be sent by certified letter, return
receipt requested, within 30 days of the seizure. If receipt is
not returned, notice shall be given in the manner provided by
law for service of summons in a civil action.

(b) Within 15 days after notice of the first occurrence,
the landlord shall bring, or assign to the county attorney of
the county in which the real property is located, the right to
bring an eviction action against the tenant. The assignment
must be in writing on a form prepared by the county attorney.
Should the landlord choose to assign the right to bring an
eviction action, the assignment shall be limited to those rights
and duties up to and including delivery of the writ of
restitution to the sheriff for execution.

(c) Upon notice of a second occurrence on any residential
rental property owned by the same landlord in the same county
and involving the same tenant, and within one year after notice
of the first occurrence, the property is subject to forfeiture
under sections 609.531, 609.5311, 609.5313, and 609.5315, unless
an eviction action has been commenced as provided in paragraph
(b) or the right to bring an eviction action was assigned to the
county attorney as provided in paragraph (b). If the right has
been assigned and not previously exercised, or if the county
attorney requests an assignment and the landlord makes an
assignment, the county attorney may bring an eviction action
rather than an action for forfeiture.

new text begin (d) The Department of Corrections' Fugitive Apprehension
Unit shall not seize real property for the purposes of
forfeiture as described in paragraphs (a) to (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 16.

Minnesota Statutes 2004, section 609.5318,
subdivision 1, is amended to read:

Subdivision 1.

Motor vehicles subject to forfeiture.

new text begin (a)
new text end A motor vehicle is subject to forfeiture under this section if
the prosecutor establishes by clear and convincing evidence that
the vehicle was used in a violation of section 609.66,
subdivision 1e. The prosecutor need not establish that any
individual was convicted of the violation, but a conviction of
the owner for a violation of section 609.66, subdivision 1e,
creates a presumption that the vehicle was used in the violation.

new text begin (b) The Department of Corrections' Fugitive Apprehension
Unit shall not seize a motor vehicle for the purposes of
forfeiture under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 17.

Minnesota Statutes 2004, section 631.425,
subdivision 4, is amended to read:

Subd. 4.

Confinement when not employed.

Unless the court
otherwise directs, new text begin the sheriff or local correctional agency may
electronically monitor or confine in jail new text end each inmate deleted text begin must be
confined in jail deleted text end during the time the inmate is not employed, or,
if the inmate is employed, between the times of employment. new text begin The
sheriff may not electronically monitor an offender who is
sentenced for domestic assault under section 609.2242, unless
the court directs otherwise. The sheriff may assess the cost of
electronic monitoring on the offender.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 18.

Minnesota Statutes 2004, section 641.21, is
amended to read:

641.21 JAIL, ADVICE AS TO CONSTRUCTION.

When any county board determines to purchase, lease or
erect a new jail, or to repair an existing one at an expense of
more than deleted text begin $5,000 deleted text end new text begin $15,000 new text end , it shall pass a resolution to that
effect, and transmit a copy thereof to the commissioner of
corrections, who, within 30 days thereafter, shall transmit to
that county board the advice and suggestions in reference to the
purchase, lease or construction thereof as the commissioner
deems proper.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 243.162, is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

ARTICLE 14

COURTS AND PUBLIC DEFENDER

Section 1.

Minnesota Statutes 2004, section 2.722,
subdivision 1, is amended to read:

Subdivision 1.

Description.

Effective July 1, 1959, the
state is divided into ten judicial districts composed of the
following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:

1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and
Sibley; deleted text begin 33 deleted text end new text begin 35 new text end judges; and four permanent chambers shall be
maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
other shall be maintained at the place designated by the chief
judge of the district;

2. Ramsey; 26 judges;

3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent
chambers shall be maintained in Faribault, Albert Lea, Austin,
Rochester, and Winona;

4. Hennepin; 60 judges;

5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
Martin, and Jackson; 16 judges; and permanent chambers shall be
maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;

6. Carlton, St. Louis, Lake, and Cook; 15 judges;

7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
Stearns, Todd, Clay, Becker, and Wadena; deleted text begin 25 deleted text end new text begin 28 new text end judges; and
permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;

8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
Traverse, and Wilkin; 11 judges; and permanent chambers shall be
maintained in Morris, Montevideo, and Willmar;

9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
deleted text begin 22 deleted text end new text begin 23 new text end judges; and permanent chambers shall be maintained in
Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
and International Falls; and

10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
Chisago, and Washington; deleted text begin 41 deleted text end new text begin 44 new text end judges; and permanent chambers
shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 357.021,
subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) new text begin Except as provided in this paragraph, new text end the court shall impose
and the court administrator shall collect a deleted text begin $60 deleted text end new text begin $70 new text end surcharge on
every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, other than a
violation of a law or ordinance relating to vehicle parking, for
which there shall be a deleted text begin $3 deleted text end new text begin $4 new text end surcharge. In the Second Judicial
District, the court shall impose, and the court administrator
shall collect, an additional $1 surcharge on every person
convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, deleted text begin other than deleted text end new text begin including new text end a violation of a
law or ordinance relating to vehicle parking, if the Ramsey
County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is
sentenced to imprisonment or the sentence is stayed. new text begin The
surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.
new text end

(b) If the court fails to impose a surcharge as required by
this subdivision, the court administrator shall show the
imposition of the surcharge, collect the surcharge and correct
the record.

(c) The court may not waive payment of the surcharge
required under this subdivision. Upon a showing of indigency or
undue hardship upon the convicted person or the convicted
person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.

(d) The court administrator or other entity collecting a
surcharge shall forward it to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment
and has not paid the surcharge before the term of imprisonment
begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work
performed in the facility or while on conditional release. The
chief executive officer shall forward the amount collected to
the commissioner of finance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 357.021,
subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of
finance.

(a) Except as provided in paragraphs (b), (c), and
(d), the commissioner of finance shall disburse surcharges
received under subdivision 6 and section 97A.065, subdivision 2,
as follows:

(1) one percent shall be credited to the game and fish fund
to provide peace officer training for employees of the
Department of Natural Resources who are licensed under sections
626.84 to 626.863, and who possess peace officer authority for
the purpose of enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers
training account in the special revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of finance shall credit $3 of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph
(a), the commissioner of finance shall credit deleted text begin $32 deleted text end new text begin $42 new text end of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, and the $3 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes
imposition of the additional $1 surcharge provided for in
subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall deleted text begin withhold $1 from each surcharge
collected under subdivision 6. The court administrator must use
the withheld funds solely to fund the petty misdemeanor
diversion program administered by the Ramsey County Violations
Bureau. The court administrator must transfer any unencumbered
portion of the funds received under this subdivision to the
commissioner of finance for distribution according to paragraphs
(a) to (c) deleted text end new text begin transmit the surcharge to the commissioner of finance.
The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the
account are appropriated to the trial courts for the
administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County
Violations Bureau new text end .

new text begin EFFECTIVE DATE. new text end

new text begin The change to paragraph (c) is effective
July 1, 2005. The changes to paragraph (d) are effective either
the day after the governing body of Ramsey County authorizes
imposition of the surcharge, or July 1, 2005, whichever is the
later date, and applies to convictions on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 357.18,
subdivision 3, is amended to read:

Subd. 3.

Surcharge.

In addition to the fees imposed in
subdivision 1, a deleted text begin $4.50 deleted text end new text begin $8.50 new text end surcharge shall be collected: on
each fee charged under subdivision 1, clauses (1) and (6), and
for each abstract certificate under subdivision 1, clause (4).
Fifty cents of each surcharge shall be retained by the county to
cover its administrative costs and deleted text begin $4 deleted text end new text begin $8 new text end shall be paid to the
state treasury and credited to the general fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5.

Minnesota Statutes 2004, section 508.82,
subdivision 1, is amended to read:

Subdivision 1.

Standard documents.

The fees to be paid
to the registrar shall be as follows:

(1) of the fees provided herein, five percent of the fees
collected under clauses (3), (5), (11), (13), (14), (16), and
(17), for filing or memorializing shall be paid to the
commissioner of finance and credited to the general fund; plus a
deleted text begin $4.50 deleted text end new text begin $8.50 new text end surcharge shall be charged and collected in addition
to the total fees charged for each transaction under clauses
(2), (3), (5), (11), (13), (14), (16), and (17), with 50 cents
of this surcharge to be retained by the county to cover its
administrative costs, and deleted text begin $4 deleted text end new text begin $8 new text end to be paid to the state treasury
and credited to the general fund;

(2) for registering a first certificate of title, including
issuing a copy of it, $30;

(3) for registering each instrument transferring the fee
simple title for which a new certificate of title is issued and
for the registration of the new certificate of title, including
a copy of it, $30;

(4) for issuance of a CECT pursuant to section 508.351,
$15;

(5) for the entry of each memorial on a certificate, $15;

(6) for issuing each residue certificate, $20;

(7) for exchange certificates, $10 for each certificate
canceled and $10 for each new certificate issued;

(8) for each certificate showing condition of the register,
$10;

(9) for any certified copy of any instrument or writing on
file in the registrar's office, the same fees allowed by law to
county recorders for like services;

(10) for a noncertified copy of any certificate of title,
other than the copies issued under clauses (2) and (3), any
instrument or writing on file in the office of the registrar of
titles, or any specified page or part of it, an amount as
determined by the county board for each page or fraction of a
page specified. If computer or microfilm printers are used to
reproduce the instrument or writing, a like amount per image;

(11) for filing two copies of any plat in the office of the
registrar, $30;

(12) for any other service under this chapter, such fee as
the court shall determine;

(13) for filing an amendment to a declaration in accordance
with chapter 515, $10 for each certificate upon which the
document is registered and $30 for an amended floor plan filed
in accordance with chapter 515;

(14) for filing an amendment to a common interest community
declaration and plat or amendment complying with section
515B.2-110, subsection (c), $10 for each certificate upon which
the document is registered and $30 for the filing of the
condominium or common interest community plat or amendment;

(15) for a copy of a condominium floor plan filed in
accordance with chapter 515, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan or
common interest community plat with a minimum fee of $10;

(16) for the filing of a certified copy of a plat of the
survey pursuant to section 508.23 or 508.671, $10;

(17) for filing a registered land survey in triplicate in
accordance with section 508.47, subdivision 4, $30; and

(18) for furnishing a certified copy of a registered land
survey in accordance with section 508.47, subdivision 4, $10.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 6.

Minnesota Statutes 2004, section 508A.82,
subdivision 1, is amended to read:

Subdivision 1.

Standard documents.

The fees to be paid
to the registrar shall be as follows:

(1) of the fees provided herein, five percent of the fees
collected under clauses (3), (5), (11), (13), (14), and (17),
for filing or memorializing shall be paid to the commissioner of
finance and credited to the general fund; plus a deleted text begin $4.50 deleted text end new text begin $8.50
new text end surcharge shall be charged and collected in addition to the
total fees charged for each transaction under clauses (2), (3),
(5), (11), (13), (14), and (17), with 50 cents of this surcharge
to be retained by the county to cover its administrative costs,
and deleted text begin $4 deleted text end new text begin $8 new text end to be paid to the state treasury and credited to the
general fund;

(2) for registering a first CPT, including issuing a copy
of it, $30;

(3) for registering each instrument transferring the fee
simple title for which a new CPT is issued and for the
registration of the new CPT, including a copy of it, $30;

(4) for issuance of a CECT pursuant to section 508A.351,
$15;

(5) for the entry of each memorial on a CPT, $15;

(6) for issuing each residue CPT, $20;

(7) for exchange CPTs or combined certificates of title,
$10 for each CPT and certificate of title canceled and $10 for
each new CPT or combined certificate of title issued;

(8) for each CPT showing condition of the register, $10;

(9) for any certified copy of any instrument or writing on
file in the registrar's office, the same fees allowed by law to
county recorders for like services;

(10) for a noncertified copy of any CPT, other than the
copies issued under clauses (2) and (3), any instrument or
writing on file in the office of the registrar of titles, or any
specified page or part of it, an amount as determined by the
county board for each page or fraction of a page specified. If
computer or microfilm printers are used to reproduce the
instrument or writing, a like amount per image;

(11) for filing two copies of any plat in the office of the
registrar, $30;

(12) for any other service under sections 508A.01 to
508A.85, the fee the court shall determine;

(13) for filing an amendment to a declaration in accordance
with chapter 515, $10 for each certificate upon which the
document is registered and $30 for an amended floor plan filed
in accordance with chapter 515;

(14) for filing an amendment to a common interest community
declaration and plat or amendment complying with section
515B.2-110, subsection (c), and issuing a CECT if required, $10
for each certificate upon which the document is registered and
$30 for the filing of the condominium or common interest
community plat or amendment;

(15) for a copy of a condominium floor plan filed in
accordance with chapter 515, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan, or
common interest community plat with a minimum fee of $10;

(16) in counties in which the compensation of the examiner
of titles is paid in the same manner as the compensation of
other county employees, for each parcel of land contained in the
application for a CPT, as the number of parcels is determined by
the examiner, a fee which is reasonable and which reflects the
actual cost to the county, established by the board of county
commissioners of the county in which the land is located;

(17) for filing a registered land survey in triplicate in
accordance with section 508A.47, subdivision 4, $30; and

(18) for furnishing a certified copy of a registered land
survey in accordance with section 508A.47, subdivision 4, $10.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 7.

new text begin [545A.01] APPEAL OF PRETRIAL ORDERS; ATTORNEY
FEES; DEFENDANT; NOT GOVERNMENT RESPONSIBILITY.
new text end

new text begin (a) Notwithstanding Rule 28.04, subdivision 2, clause (6),
of the Rules of Criminal Procedure, the government unit is not
required to pay the attorney fees and costs incurred by the
defendant on the unit's appeal of the following:
new text end

new text begin (1) in any case, from a pretrial order of the trial court;
new text end

new text begin (2) in felony cases, from any sentence imposed or stayed by
the trial court;
new text end

new text begin (3) in any case, from an order granting postconviction
relief;
new text end

new text begin (4) in any case, from a judgment of acquittal by the trial
court entered after the jury returns a verdict of guilty under
Rule 26.03, subdivision 17, clause (2) or (3), of the Rules of
Criminal Procedure; and
new text end

new text begin (5) in any case, from an order of the trial court vacating
judgment and dismissing the case made after the jury returns a
verdict of guilty under Rule 26.04, subdivision 2, of the Rules
of Criminal Procedure.
new text end

new text begin (b) Paragraph (a) does not apply if the defendant is
represented by the public defender in this matter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 590.01,
subdivision 1, is amended to read:

Subdivision 1.

Petition.

Except at a time when direct
appellate relief is available, a person convicted of a crime,
who claims that:

(1) the conviction obtained or the sentence or other
disposition made violated the person's rights under the
Constitution or laws of the United States or of the state; or

(2) scientific evidence not available at trial, obtained
pursuant to a motion granted under subdivision 1a, establishes
the petitioner's actual innocence;

may commence a proceeding to secure relief by filing a petition
in the district court in the county in which the conviction was
had to vacate and set aside the judgment and to discharge the
petitioner or to resentence the petitioner or grant a new trial
or correct the sentence or make other disposition as may be
appropriate. new text begin A petition for postconviction relief after a
direct appeal has been completed may not be based on grounds
that could have been raised on direct appeal of the conviction
or sentence. new text end Nothing contained herein shall prevent the Supreme
Court or the Court of Appeals, upon application by a party, from
granting a stay of a case on appeal for the purpose of allowing
an appellant to apply to the district court for an evidentiary
hearing under the provisions of this chapter. The proceeding
shall conform with sections 590.01 to 590.06.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 9.

Minnesota Statutes 2004, section 590.01, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Time limit. new text end

new text begin (a) No petition for postconviction
relief may be filed more than two years after the later of:
new text end

new text begin (1) the entry of judgment of conviction or sentence if no
direct appeal is filed; or
new text end

new text begin (2) an appellate court's disposition of petitioner's direct
appeal.
new text end

new text begin (b) Notwithstanding paragraph (a), a court may hear a
petition for postconviction relief if:
new text end

new text begin (1) the petitioner establishes that a physical disability
or mental disease precluded a timely assertion of the claim;
new text end

new text begin (2) the petitioner alleges the existence of newly
discovered evidence, including scientific evidence, that could
not have been ascertained by the exercise of due diligence by
the petitioner or petitioner's attorney within the two-year time
period for filing a postconviction petition, and the evidence is
not cumulative to evidence presented at trial, is not for
impeachment purposes, and establishes by a clear and convincing
standard that the petitioner is innocent of the offense or
offenses for which the petitioner was convicted;
new text end

new text begin (3) the petitioner asserts a new interpretation of federal
or state constitutional or statutory law by either the United
States Supreme Court or a Minnesota appellate court and the
petitioner establishes that this interpretation is retroactively
applicable to the petitioner's case;
new text end

new text begin (4) the petition is brought pursuant to subdivision 3; or
new text end

new text begin (5) the petitioner establishes to the satisfaction of the
court that the petition is not frivolous and is in the interests
of justice.
new text end

new text begin (c) Any petition invoking an exception provided in
paragraph (b) must be filed within two years of the date the
claim arises.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
Any person whose conviction became final before August 1, 2005,
shall have two years after the effective date of this act to
file a petition for postconviction relief.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.115, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Sentencing worksheet; sentencing guidelines
commission. new text end

new text begin If the defendant has been convicted of a felony,
including a felony for which a mandatory life sentence is
required by law, the court shall cause a sentencing worksheet as
provided in subdivision 1 to be completed and forwarded to the
Sentencing Guidelines Commission.
new text end

new text begin For the purpose of this section, "mandatory life sentence"
means a sentence under section 609.106, subdivision 2; 609.109,
subdivision 3; 609.185; 609.342, subdivision 2; 609.343,
subdivision 2; 609.344, subdivision 2; 609.345, subdivision 2;
609.3453, subdivision 2; or 609.385, subdivision 2, and governed
by section 244.05.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 11.

Minnesota Statutes 2004, section 611.14, is
amended to read:

611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.

The following persons who are financially unable to obtain
counsel are entitled to be represented by a public defender:

(1) a person charged with a felony, gross misdemeanor, or
misdemeanor including a person charged under sections 629.01 to
629.29;

(2) a person appealing from a conviction of a felony or
gross misdemeanor, or a person convicted of a felony or gross
misdemeanor, who is pursuing a postconviction proceeding and who
has not already had a direct appeal of the conviction, but if
the person pled guilty and received a presumptive sentence or a
downward departure in sentence, and the state public defender
reviewed the person's case and determined that there was no
basis for an appeal of the conviction or of the sentence, then
the state public defender may decline to represent the person in
a postconviction remedy case;

(3) a person who is entitled to be represented by counsel
under section 609.14, subdivision 2; or

(4) a minor ten years of age or older who is entitled to be
represented by counsel under section 260B.163, subdivision 4, or
260C.163, subdivision 3.

new text begin The Board of Public Defense must not provide or pay for
public defender services to persons other than those entitled to
representation under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 12.

Minnesota Statutes 2004, section 611.16, is
amended to read:

611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.

Any person described in section 611.14 deleted text begin or any other person
entitled by law to representation by counsel, deleted text end may at any time
request the court in which the matter is pending, or the court
in which the conviction occurred, to appoint a public defender
to represent the person. In a proceeding defined by clause (2)
of section 611.14, application for the appointment of a public
defender may also be made to a judge of the Supreme Court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 611.25,
subdivision 1, is amended to read:

Subdivision 1.

Representation.

(a) The state public
defender shall represent, without charge:

(1) a defendant or other person appealing from a conviction
of a felony or gross misdemeanor;

(2) a person convicted of a felony or gross misdemeanor who
is pursuing a postconviction proceeding and who has not already
had a direct appeal of the conviction, but if the person pled
guilty and received a presumptive sentence or a downward
departure in sentence, and the state public defender reviewed
the person's case and determined that there was no basis for an
appeal of the conviction or of the sentence, then the state
public defender may decline to represent the person in a
postconviction remedy case; and

(3) a child who is appealing from a delinquency
adjudication or from an extended jurisdiction juvenile
conviction.

(b) The state public defender may represent, without
charge, all other persons pursuing a postconviction remedy under
section 590.01, who are financially unable to obtain counsel.

(c) deleted text begin The state public defender shall represent any other
person, who is financially unable to obtain counsel, when
directed to do so by the Supreme Court or the Court of Appeals,
except that deleted text end The state public defender shall not represent a
person in any action or proceeding in which a party is seeking a
monetary judgment, recovery or award. When requested by a
district public defender or appointed counsel, the state public
defender may assist the district public defender, appointed
counsel, or an organization designated in section 611.216 in the
performance of duties, including trial representation in matters
involving legal conflicts of interest or other special
circumstances, and assistance with legal research and brief
preparation. deleted text begin When the state public defender is directed by a
court to represent a defendant or other person, the state public
defender may assign the representation to any district public
defender.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 611.272, is
amended to read:

611.272 ACCESS TO GOVERNMENT DATA.

The district public defender, the state public defender, or
an attorney working for a public defense corporation under
section 611.216 has access to the criminal justice data
communications network described in section 299C.46, as provided
in this section. Access to data under this section is limited
to data deleted text begin regarding the public defender's own client as deleted text end necessary
to prepare criminal cases in which the public defender has been
appointed deleted text begin , including deleted text end new text begin as follows:
new text end

new text begin (1) access to data about witnesses in a criminal case shall
be limited to records of criminal convictions; and
new text end

new text begin (2) access to data regarding the public defender's own
client which includes new text end , but new text begin is new text end not limited to, criminal history
data under section 13.87; juvenile offender data under section
299C.095; warrant information data under section 299C.115;
incarceration data under section 299C.14; conditional release
data under section 299C.147; and diversion program data under
section 299C.46, subdivision 5.

new text begin The public defender has access to data under this section,
whether accessed via CriMNet or other methods. new text end The public
defender does not have access to law enforcement active
investigative data under section 13.82, subdivision 7; data
protected under section 13.82, subdivision 17; deleted text begin or deleted text end confidential
arrest warrant indices data under section 13.82, subdivision 19 new text begin ;
or data systems maintained by a prosecuting attorney new text end . The
public defender has access to the data at no charge, except for
the monthly network access charge under section 299C.46,
subdivision 3, paragraph (b), and a reasonable installation
charge for a terminal. Notwithstanding section 13.87,
subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48,
or any other law to the contrary, there shall be no charge to
public defenders for Internet access to the criminal justice
data communications network.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 15.

new text begin [611.273] SURPLUS PROPERTY.
new text end

new text begin Notwithstanding the provisions of Minnesota Statutes,
sections 15.054 and 16C.23, the Board of Public Defense, in its
sole discretion, may provide surplus computers to its part-time
employees for their use.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 16.

Minnesota Statutes 2004, section 626.04, is
amended to read:

626.04 PROPERTY; SEIZURE, KEEPING, AND DISPOSAL.

new text begin (a) new text end When any officer seizes, with or without warrant, any
property or thing, it shall be safely kept by direction of the
court as long as necessary for the purpose of being produced as
evidence on any trial. new text begin If the owner of the property makes a
written request to the seizing officer's agency for return of
the property, and the property has not been returned within 48
hours of the request, excluding Saturday, Sunday, or legal
holidays, the person whose property has been seized may file a
petition for the return of the property in the district court in
the district in which the property was seized. The court
administrator shall provide a form for use as a petition under
this section. A filing fee, equal to the civil motion filing
fee shall be required for filing the petition. The district
court shall send a copy of the petition to the agency acting as
custodian of the property with at least ten days notice of a
hearing date. A hearing on the petition shall be held within 30
days of filing unless good cause is shown for an extension of
time. The determination of the petition must be without jury
trial and by a simple and informal procedure. At the hearing,
the court may receive relevant evidence on any issue of fact
necessary to the decision on the petition without regard to
whether the evidence would be admissible under the Minnesota
Rules of Evidence. The court shall allow if requested, or on
its own motion may require, the custodian or the custodian's
designee to summarize the status and progress of an ongoing
investigation that led to the seizure. Any such summary shall
be done ex parte and only the custodian, the custodian's
designee, and their attorneys may be present with the court and
court staff. The court shall seal the ex parte record. After a
hearing, the court shall not order the return if it finds that:
new text end

new text begin (1) the property is being held in good faith as potential
evidence in any matter, charged or uncharged;
new text end

new text begin (2) the property may be subject to forfeiture proceedings;
new text end

new text begin (3) the property is contraband or may contain contraband;
or
new text end

new text begin (4) the property is subject to other lawful retention.
new text end

new text begin (b) The court shall make findings on each of these issues
as part of its order. If the property is ordered returned, the
petitioner shall not be liable for any storage costs incurred
from the date the petition was filed. If the petition is
denied, the court may award reasonable costs and attorney fees.
new text end After the trial new text begin for which the property was being held as
potential evidence, and the expiration date for all associated
appeals, new text end the property or thing shall, unless otherwise subject
to lawful detention, be returned to its owner or any other
person entitled to possess it. Any property or thing seized may
be destroyed or otherwise disposed of under the direction of the
court. Any money found in gambling devices when seized shall be
paid into the county treasury. If the gambling devices are
seized by a police officer of a municipality, the money shall be
paid into the treasury of the municipality.

Sec. 17. new text begin COLLATERAL SANCTIONS CROSS-REFERENCES; CREATION
OF A NEW TABLE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "automatically" means either by operation of law or by
the mandated action of a designated official or agency; and
new text end

new text begin (2) "collateral sanction" means a legal penalty,
disability, or disadvantage, however denominated, that is
imposed on a person automatically when that person is convicted
of or found to have committed a crime, even if the sanction is
not included in the sentence. Collateral sanction does not
include:
new text end

new text begin (i) a direct consequence of the crime such as a criminal
fine, restitution, or incarceration; or
new text end

new text begin (ii) a requirement imposed by the sentencing court or other
designated official or agency that the convicted person provide
a biological specimen for DNA analysis, provide fingerprints, or
submit to any form of assessment or testing.
new text end

new text begin Subd. 2. new text end

new text begin Revisor instruction. new text end

new text begin The revisor of statutes
shall publish a table in Minnesota Statutes that contains
cross-references to Minnesota laws imposing collateral
sanctions. The revisor shall create a structure that
categorizes these laws in a useful way to users and provides
them with quick access to the cross-referenced laws. The
revisor may consider, but is not limited to, using the following
categories in the new table:
new text end

new text begin (1) collateral sanctions relating to employment and
occupational licensing;
new text end

new text begin (2) collateral sanctions relating to driving and motor
vehicles;
new text end

new text begin (3) collateral sanctions relating to public safety;
new text end

new text begin (4) collateral sanctions relating to eligibility for
services and benefits;
new text end

new text begin (5) collateral sanctions relating to property rights;
new text end

new text begin (6) collateral sanctions relating to civil rights and
remedies; and
new text end

new text begin (7) collateral sanctions relating to recreational
activities.
new text end

new text begin Subd. 3. new text end

new text begin Cautionary language. new text end

new text begin The revisor shall include
appropriate cautionary language with the table that notifies
users of the following types of issues:
new text end

new text begin (1) that the list of collateral sanctions laws is intended
to be comprehensive but is not necessarily complete;
new text end

new text begin (2) that the inclusion or exclusion of a collateral
sanction is not intended to have any substantive legal effect;
new text end

new text begin (3) that the cross-references used are intended solely to
indicate the contents of the cross-referenced section or
subdivision and are not part of the cross-referenced statute;
new text end

new text begin (4) that the cross-references are not substantive and may
not be used to construe or limit the meaning of any statutory
language; and
new text end

new text begin (5) that users must consult the language of each
cross-referenced law to fully understand the scope and effect of
the collateral sanction it imposes.
new text end

new text begin Subd. 4. new text end

new text begin Consultation with legislators and legislative
staff. new text end

new text begin The revisor shall consult with legislative staff and the
chairs of the senate and house committees having jurisdiction
over criminal justice matters to identify laws that impose
collateral sanctions and develop the appropriate categories and
cross-references to use in the new table.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 18. new text begin RAMSEY COUNTY COURT COMMISSIONER.
new text end

new text begin The chief justice of the Supreme Court may assign a retired
court commissioner to act in Ramsey County as a commissioner of
the district court. The commissioner may perform duties
assigned by the chief judge of the judicial district with the
powers provided by Minnesota Statutes, section 489.02. This
section expires December 31, 2025.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 611.18 and 624.04 are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

ARTICLE 15

CHILD PROTECTION

Section 1.

Minnesota Statutes 2004, section 259.24,
subdivision 1, is amended to read:

Subdivision 1.

Exceptions.

No child shall be adopted
without the consent of the child's parents and the child's
guardian, if there be one, except in the following instances:

(a) Consent shall not be required of a parent not entitled
to notice of the proceedings.

(b) Consent shall not be required of a parent who has
abandoned the child, or of a parent who has lost custody of the
child through a divorce decree or a decree of dissolution, and
upon whom notice has been served as required by section 259.49.

(c) Consent shall not be required of a parent whose
parental rights to the child have been terminated by a juvenile
court or who has lost custody of a child through a final
commitment of the juvenile court or through a decree in a prior
adoption proceeding.

(d) If there be no parent or guardian qualified to consent
to the adoption, the consent deleted text begin may deleted text end new text begin shall new text end be given by the
commissioner. new text begin After the court accepts a parent's consent to the
adoption under section 260C.201, subdivision 11, consent by the
commissioner or commissioner's delegate is also necessary.
Agreement to the identified prospective adoptive parent by the
responsible social services agency under section 260C.201,
subdivision 11, does not constitute the required consent.
new text end

(e) The commissioner or agency having authority to place a
child for adoption pursuant to section 259.25, subdivision 1,
shall have the exclusive right to consent to the adoption of
such child. The commissioner or agency shall make every effort
to place siblings together for adoption. Notwithstanding any
rule to the contrary, the commissioner may delegate the right to
consent to the adoption or separation of siblings, if it is in
the child's best interest, to a local social services agency.

Sec. 2.

Minnesota Statutes 2004, section 259.24,
subdivision 2a, is amended to read:

Subd. 2a.

Time of consent; notice of intent to consent to
adoption.

(a) Not sooner than 72 hours after the birth of a
child and not later than 60 days after the child's placement in
a prospective adoptive home, a person whose consent is required
under this section shall execute a consent.

(b) Unless all birth parents from whom consent is required
under this section are involved in making the adoptive placement
and intend to consent to the adoption, a birth parent who
intends to execute a consent to an adoption must give notice to
the child's other birth parent of the intent to consent to the
adoption prior to or within 72 hours following the placement of
the child, if the other birth parent's consent to the adoption
is required under subdivision 1. The birth parent who receives
notice shall have 60 days after the placement of the child to
either consent or refuse to consent to the adoption. If the
birth parent who receives notice fails to take either of these
actions, that parent shall be deemed to have irrevocably
consented to the child's adoption. new text begin The notice provisions of
chapter 260C and the rules of juvenile protection procedure
shall apply to both parents when the consent to adopt is
executed under section 260C.201, subdivision 11.
new text end

(c) When notice is required under this subdivision, it
shall be provided to the other birth parent according to the
Rules of Civil Procedure for service of a summons and complaint.

Sec. 3.

Minnesota Statutes 2004, section 259.24,
subdivision 5, is amended to read:

Subd. 5.

Execution.

All consents to an adoption shall be
in writing, executed before two competent witnesses, and
acknowledged by the consenting party. In addition, all consents
to an adoption, except those by the commissioner, the
commissioner's agent, a licensed child-placing agency, an adult
adoptee, or the child's parent in a petition for adoption by a
stepparent, shall be executed before a representative of the
commissioner, the commissioner's agent, or a licensed
child-placing agency. All consents by a parent:

(1) shall contain notice to the parent of the substance of
subdivision 6a, providing for the right to withdraw
consent new text begin unless the parent will not have the right to withdraw
consent because consent was executed under section 260C.201,
subdivision 11, following proper notice that consent given under
that provision is irrevocable upon acceptance by the court as
provided in subdivision 6a new text end ; and

(2) shall contain the following written notice in all
capital letters at least one-eighth inch high:

"This agency will submit your consent to adoption to the
court. The consent itself does not terminate your parental
rights. Parental rights to a child may be terminated only by an
adoption decree or by a court order terminating parental
rights. Unless the child is adopted or your parental rights are
terminated, you may be asked to support the child."

Consents shall be filed in the adoption proceedings at any
time before the matter is heard provided, however, that a
consent executed and acknowledged outside of this state, either
in accordance with the law of this state or in accordance with
the law of the place where executed, is valid.

Sec. 4.

Minnesota Statutes 2004, section 259.24,
subdivision 6a, is amended to read:

Subd. 6a.

Withdrawal of consent.

new text begin Except for consents
executed under section 260C.201, subdivision 11, new text end a parent's
consent to adoption may be withdrawn for any reason within ten
working days after the consent is executed and acknowledged.
Written notification of withdrawal of consent must be received
by the agency to which the child was surrendered no later than
the tenth working day after the consent is executed and
acknowledged. On the day following the tenth working day after
execution and acknowledgment, the consent shall become
irrevocable, except upon order of a court of competent
jurisdiction after written findings that consent was obtained by
fraud. new text begin A consent to adopt executed under section 260C.201,
subdivision 11, is irrevocable upon proper notice to both
parents of the effect of a consent to adopt and acceptance by
the court, except upon order of the same court after written
findings that the consent was obtained by fraud. new text end In proceedings
to determine the existence of fraud, the adoptive parents and
the child shall be made parties. The proceedings shall be
conducted to preserve the confidentiality of the adoption
process. There shall be no presumption in the proceedings
favoring the birth parents over the adoptive parents.

Sec. 5.

Minnesota Statutes 2004, section 260C.201,
subdivision 11, is amended to read:

Subd. 11.

Review of court-ordered placements; permanent
placement determination.

(a) This subdivision and subdivision
11a do not apply in cases where the child is in placement due
solely to the child's developmental disability or emotional
disturbance, where legal custody has not been transferred to the
responsible social services agency, and where the court finds
compelling reasons under section 260C.007, subdivision 8, to
continue the child in foster care past the time periods
specified in this subdivision. Foster care placements of
children due solely to their disability are governed by section
260C.141, subdivision 2b. In all other cases where the child is
in foster care or in the care of a noncustodial parent under
subdivision 1, the court shall conduct a hearing to determine
the permanent status of a child not later than 12 months after
the child is placed in foster care or in the care of a
noncustodial parent.

For purposes of this subdivision, the date of the child's
placement in foster care is the earlier of the first
court-ordered placement or 60 days after the date on which the
child has been voluntarily placed in foster care by the child's
parent or guardian. For purposes of this subdivision, time
spent by a child under the protective supervision of the
responsible social services agency in the home of a noncustodial
parent pursuant to an order under subdivision 1 counts towards
the requirement of a permanency hearing under this subdivision
or subdivision 11a.

For purposes of this subdivision, 12 months is calculated
as follows:

(1) during the pendency of a petition alleging that a child
is in need of protection or services, all time periods when a
child is placed in foster care or in the home of a noncustodial
parent are cumulated;

(2) if a child has been placed in foster care within the
previous five years under one or more previous petitions, the
lengths of all prior time periods when the child was placed in
foster care within the previous five years are cumulated. If a
child under this clause has been in foster care for 12 months or
more, the court, if it is in the best interests of the child and
for compelling reasons, may extend the total time the child may
continue out of the home under the current petition up to an
additional six months before making a permanency determination.

(b) Unless the responsible social services agency
recommends return of the child to the custodial parent or
parents, not later than 30 days prior to this hearing, the
responsible social services agency shall file pleadings in
juvenile court to establish the basis for the juvenile court to
order permanent placement of the child according to paragraph
(d). Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260C.152. If a termination of
parental rights petition is filed before the date required for
the permanency planning determination and there is a trial under
section 260C.163 scheduled on that petition within 90 days of
the filing of the petition, no hearing need be conducted under
this subdivision.

(c) At the conclusion of the hearing, the court shall order
the child returned to the care of the parent or guardian from
whom the child was removed or order a permanent placement in the
child's best interests. The "best interests of the child" means
all relevant factors to be considered and evaluated. Transfer
of permanent legal and physical custody, termination of parental
rights, or guardianship and legal custody to the commissioner
through a consent to adopt are preferred permanency options for
a child who cannot return home.

(d) If the child is not returned to the home, the court
must order one of the following dispositions:

(1) permanent legal and physical custody to a relative in
the best interests of the child according to the following
conditions:

(i) an order for transfer of permanent legal and physical
custody to a relative shall only be made after the court has
reviewed the suitability of the prospective legal and physical
custodian;

(ii) in transferring permanent legal and physical custody
to a relative, the juvenile court shall follow the standards
applicable under this chapter and chapter 260, and the
procedures set out in the juvenile court rules;

(iii) an order establishing permanent legal and physical
custody under this subdivision must be filed with the family
court;

(iv) a transfer of legal and physical custody includes
responsibility for the protection, education, care, and control
of the child and decision making on behalf of the child;

(v) the social services agency may bring a petition or
motion naming a fit and willing relative as a proposed permanent
legal and physical custodian. The commissioner of human
services shall annually prepare for counties information that
must be given to proposed custodians about their legal rights
and obligations as custodians together with information on
financial and medical benefits for which the child is eligible;
and

(vi) the juvenile court may maintain jurisdiction over the
responsible social services agency, the parents or guardian of
the child, the child, and the permanent legal and physical
custodian for purposes of ensuring appropriate services are
delivered to the child and permanent legal custodian or for the
purpose of ensuring conditions ordered by the court related to
the care and custody of the child are met;

(2) termination of parental rights according to the
following conditions:

(i) unless the social services agency has already filed a
petition for termination of parental rights under section
260C.307, the court may order such a petition filed and all the
requirements of sections 260C.301 to 260C.328 remain applicable;
and

(ii) an adoption completed subsequent to a determination
under this subdivision may include an agreement for
communication or contact under section 259.58;

(3) long-term foster care according to the following
conditions:

(i) the court may order a child into long-term foster care
only if it finds compelling reasons that neither an award of
permanent legal and physical custody to a relative, nor
termination of parental rights is in the child's best interests;
and

(ii) further, the court may only order long-term foster
care for the child under this section if it finds the following:

(A) the child has reached age 12 and reasonable efforts by
the responsible social services agency have failed to locate an
adoptive family for the child; or

(B) the child is a sibling of a child described in subitem
(A) and the siblings have a significant positive relationship
and are ordered into the same long-term foster care home;

(4) foster care for a specified period of time according to
the following conditions:

(i) foster care for a specified period of time may be
ordered only if:

(A) the sole basis for an adjudication that the child is in
need of protection or services is the child's behavior;

(B) the court finds that foster care for a specified period
of time is in the best interests of the child; and

(C) the court finds compelling reasons that neither an
award of permanent legal and physical custody to a relative, nor
termination of parental rights is in the child's best interests;

(ii) the order does not specify that the child continue in
foster care for any period exceeding one year; or

(5) guardianship and legal custody to the commissioner of
human services under the following procedures and conditions:

(i) there is an identified prospective adoptive home that
has agreed to adopt the child new text begin and agreed to by the responsible
social services agency having legal custody of the child
pursuant to court order under this section new text end and the court accepts
the parent's voluntary consent to adopt under section 259.24;

(ii) if the court accepts a consent to adopt in lieu of
ordering one of the other enumerated permanency dispositions,
the court must review the matter at least every 90 days. The
review will address the reasonable efforts of the agency to
achieve a finalized adoption;

(iii) a consent to adopt under this clause vests all legal
authority regarding the child, including guardianship and legal
custody of the child, with the commissioner of human services as
if the child were a state ward after termination of parental
rights;

(iv) the court must forward a copy of the consent to adopt,
together with a certified copy of the order transferring
guardianship and legal custody to the commissioner, to the
commissioner; deleted text begin and
deleted text end

(v) if an adoption is not finalized by the identified
prospective adoptive parent within 12 months of the execution of
the consent to adopt under this clause, the commissioner of
human services or the commissioner's delegate shall pursue
adoptive placement in another home unless the commissioner
certifies that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent new text begin ;
and
new text end

new text begin (vi) notwithstanding item (v), the commissioner of human
services or the commissioner's designee must pursue adoptive
placement in another home as soon as the commissioner or
commissioner's designee determines that finalization of the
adoption with the identified prospective adoptive parent is not
possible, that the identified prospective adoptive parent is not
willing to adopt the child, that the identified prospective
adoptive parent is not cooperative in completing the steps
necessary to finalize the adoption, or upon the commissioner's
determination to withhold consent to the adoption new text end .

(e) In ordering a permanent placement of a child, the court
must be governed by the best interests of the child, including a
review of the relationship between the child and relatives and
the child and other important persons with whom the child has
resided or had significant contact.

(f) Once a permanent placement determination has been made
and permanent placement has been established, further court
reviews are necessary if:

(1) the placement is long-term foster care or foster care
for a specified period of time;

(2) the court orders further hearings because it has
retained jurisdiction of a transfer of permanent legal and
physical custody matter;

(3) an adoption has not yet been finalized; or

(4) there is a disruption of the permanent or long-term
placement.

(g) Court reviews of an order for long-term foster care,
whether under this section or section 260C.317, subdivision 3,
paragraph (d), or foster care for a specified period of time
must be conducted at least yearly and must review the child's
out-of-home placement plan and the reasonable efforts of the
agency to:

(1) identify a specific long-term foster home for the child
or a specific foster home for the time the child is specified to
be out of the care of the parent, if one has not already been
identified;

(2) support continued placement of the child in the
identified home, if one has been identified;

(3) ensure appropriate services are provided to the child
during the period of long-term foster care or foster care for a
specified period of time;

(4) plan for the child's independence upon the child's
leaving long-term foster care living as required under section
260C.212, subdivision 1; and

(5) where placement is for a specified period of time, a
plan for the safe return of the child to the care of the parent.

(h) An order under this subdivision must include the
following detailed findings:

(1) how the child's best interests are served by the order;

(2) the nature and extent of the responsible social service
agency's reasonable efforts, or, in the case of an Indian child,
active efforts to reunify the child with the parent or parents;

(3) the parent's or parents' efforts and ability to use
services to correct the conditions which led to the out-of-home
placement; and

(4) whether the conditions which led to the out-of-home
placement have been corrected so that the child can return home.

(i) An order for permanent legal and physical custody of a
child may be modified under sections 518.18 and 518.185. The
social services agency is a party to the proceeding and must
receive notice. A parent may only seek modification of an order
for long-term foster care upon motion and a showing by the
parent of a substantial change in the parent's circumstances
such that the parent could provide appropriate care for the
child and that removal of the child from the child's permanent
placement and the return to the parent's care would be in the
best interest of the child.

(j) The court shall issue an order required under this
section within 15 days of the close of the proceedings. The
court may extend issuing the order an additional 15 days when
necessary in the interests of justice and the best interests of
the child.

Sec. 6.

new text begin [260C.209] BACKGROUND CHECKS.
new text end

new text begin Subdivision 1. new text end

new text begin Subjects. new text end

new text begin The responsible social services
agency must conduct a background check under this section of the
following:
new text end

new text begin (1) a noncustodial parent or nonadjudicated parent who is
being assessed for purposes of providing day-to-day care of a
child temporarily or permanently under section 260C.212,
subdivision 4, and any member of the parent's household who is
over the age of 13 when there is a reasonable cause to believe
that the parent or household member over age 13 has a criminal
history or a history of maltreatment of a child or vulnerable
adult which would endanger the child's health, safety, or
welfare;
new text end

new text begin (2) an individual whose suitability for relative placement
under section 260C.212, subdivision 5, is being determined, and
any member of the relative's household who is over the age of 13
when: (i) the relative must be licensed for foster care; or (ii)
the agency must conduct a background study under section 259.53,
subdivision 2; or (iii) the agency has reasonable cause to
believe the relative or household member over the age of 13 has
a criminal history which would not make transfer of permanent
legal and physical custody to the relative under section
260C.201, subdivision 11, in the child's best interest; and
new text end

new text begin (3) a parent, following an out-of-home placement, when the
responsible social service agency has reasonable cause to
believe that the parent has been convicted of a crime directly
related to the parent's capacity to maintain the child's health,
safety, or welfare; or the parent is the subject of an open
investigation of, or has been the subject of a substantiated
allegation of, child or vulnerable-adult maltreatment within the
past ten years.
new text end

new text begin "Reasonable cause" means that the agency has received
information or a report from the subject or a third person that
creates an articulable suspicion that the individual has a
history that may pose a risk to the health, safety, or welfare
of the child. The information or report must be specific to the
potential subject of the background check and shall not be based
on the race, religion, ethnic background, age, class, or
lifestyle of the potential subject.
new text end

new text begin Subd. 2. new text end

new text begin General procedures. new text end

new text begin (a) When conducting a
background check under subdivision 1, the agency may require the
individual being assessed to provide sufficient information to
ensure an accurate assessment under this section, including:
new text end

new text begin (1) the individual's first, middle, and last name and all
other names by which the individual has been known;
new text end

new text begin (2) home address, zip code, city, county, and state of
residence for the past ten years;
new text end

new text begin (3) sex;
new text end

new text begin (4) date of birth; and
new text end

new text begin (5) driver's license number or state identification number.
new text end

new text begin (b) When notified by the responsible social services agency
that it is conducting an assessment under this section, the
Bureau of Criminal Apprehension, commissioners of health and
human services, law enforcement, and county agencies must
provide the responsible social services agency or county
attorney with the following information on the individual being
assessed: criminal history data, reports about the maltreatment
of adults substantiated under section 626.557, and reports of
maltreatment of minors substantiated under section 626.556.
new text end

new text begin Subd. 3. new text end

new text begin Multistate information. new text end

new text begin (a) For any assessment
completed under this section, if the responsible social services
agency has reasonable cause to believe that the individual is a
multistate offender, the individual must provide the responsible
social services agency or the county attorney with a set of
classifiable fingerprints obtained from an authorized law
enforcement agency. The responsible social services agency or
county attorney may obtain criminal history data from the
National Criminal Records Repository by submitting the
fingerprints to the Bureau of Criminal Apprehension.
new text end

new text begin (b) For purposes of this subdivision, the responsible
social services agency has reasonable cause when, but not
limited to:
new text end

new text begin (1) information from the Bureau of Criminal Apprehension
indicates that the individual is a multistate offender;
new text end

new text begin (2) information from the Bureau of Criminal Apprehension
indicates that multistate offender status is undetermined;
new text end

new text begin (3) the social services agency has received a report from
the individual or a third party indicating that the individual
has a criminal history in a jurisdiction other than Minnesota;
or
new text end

new text begin (4) the individual is or has been a resident of a state
other than Minnesota at any time during the prior ten years.
new text end

new text begin Subd. 4. new text end

new text begin Notice upon receipt. new text end

new text begin The responsible social
services agency must provide the subject of the background study
with the results of the study under this section within 15
business days of receipt or at least 15 days prior to the
hearing at which the results will be presented, whichever comes
first. The subject may provide written information to the
agency that the results are incorrect and may provide additional
or clarifying information to the agency and to the court through
a party to the proceeding. This provision does not apply to any
background study conducted under chapters 245A and 245C.
new text end

Sec. 7.

Minnesota Statutes 2004, section 260C.212,
subdivision 4, is amended to read:

Subd. 4.

Responsible social service agency's duties for
children in placement.

(a) When a child is in placement, the
responsible social services agency shall make diligent efforts
to identify, locate, and, where appropriate, offer services to
both parents of the child.

(1) deleted text begin If deleted text end new text begin The responsible social services agency shall assess
whether new text end a noncustodial or nonadjudicated parent is willing and
capable of providing for the day-to-day care of the child
new text begin temporarily or permanently. An assessment under this clause may
include, but is not limited to, obtaining information under
section 260C.209. If after assessment, the responsible social
services agency determines that a noncustodial or nonadjudicated
parent is willing and capable of providing day-to-day care of
the child new text end , the responsible social services agency may seek
authority from the custodial parent or the court to have that
parent assume day-to-day care of the child. If a parent is not
an adjudicated parent, the responsible social services agency
shall require the nonadjudicated parent to cooperate with
paternity establishment procedures as part of the case plan.

(2) If, after assessment, the responsible social services
agency determines that the child cannot be in the day-to-day
care of either parent new text begin , new text end the agency shall new text begin :
new text end

new text begin (i) new text end prepare an out-of-home placement plan addressing the
conditions that each parent must meet before the child can be in
that parent's day-to-day care new text begin ; and
new text end

new text begin (ii) provide a parent who is the subject of a background
study under section 260C.209 15 days' notice that it intends to
use the study to recommend against putting the child with that
parent, as well as the notice provided in section 260C.209,
subdivision 4, and the court shall afford the parent an
opportunity to be heard concerning the study.
new text end

new text begin The results of a background study of a noncustodial parent
shall not be used by the agency to determine that the parent is
incapable of providing day-to-day care of the child unless the
agency reasonably believes that placement of the child into the
home of that parent would endanger the child's health, safety,
or welfare new text end .

(3) If, after the provision of services following an
out-of-home placement plan under this section, the child cannot
return to the care of the parent from whom the child was removed
or who had legal custody at the time the child was placed in
foster care, the agency may petition on behalf of a noncustodial
parent to establish legal custody with that parent under section
260C.201, subdivision 11. If paternity has not already been
established, it may be established in the same proceeding in the
manner provided for under chapter 257.

(4) The responsible social services agency may be relieved
of the requirement to locate and offer services to both parents
by the juvenile court upon a finding of good cause after the
filing of a petition under section 260C.141.

(b) The responsible social services agency shall give
notice to the parent or parents or guardian of each child in a
residential facility, other than a child in placement due solely
to that child's developmental disability or emotional
disturbance, of the following information:

(1) that residential care of the child may result in
termination of parental rights or an order permanently placing
the child out of the custody of the parent, but only after
notice and a hearing as required under chapter 260C and the
juvenile court rules;

(2) time limits on the length of placement and of
reunification services, including the date on which the child is
expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise
permanently removed from the care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the
parent fails or is unable to use services to correct the
circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of
residential care as soon as possible, preferably by returning
the child home, but if that is not possible, through a permanent
legal placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and
the parent of maintaining visitation with the child as soon as
possible in the course of the case and, in any event, according
to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any,
of the parent or parents for the support of the child during the
period the child is in the residential facility.

(c) The responsible social services agency shall inform a
parent considering voluntary placement of a child who is not
developmentally disabled or emotionally disturbed of the
following information:

(1) the parent and the child each has a right to separate
legal counsel before signing a voluntary placement agreement,
but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary
placement, and a parent who enters a voluntary placement
agreement may at any time request that the agency return the
child. If the parent so requests, the child must be returned
within 24 hours of the receipt of the request;

(3) evidence gathered during the time the child is
voluntarily placed may be used at a later time as the basis for
a petition alleging that the child is in need of protection or
services or as the basis for a petition seeking termination of
parental rights or other permanent placement of the child away
from the parent;

(4) if the responsible social services agency files a
petition alleging that the child is in need of protection or
services or a petition seeking the termination of parental
rights or other permanent placement of the child away from the
parent, the parent would have the right to appointment of
separate legal counsel and the child would have a right to the
appointment of counsel and a guardian ad litem as provided by
law, and that counsel will be appointed at public expense if
they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary
placements under subdivision 3, and the effect the time spent in
voluntary placement on the scheduling of a permanent placement
determination hearing under section 260C.201, subdivision 11.

(d) When an agency accepts a child for placement, the
agency shall determine whether the child has had a physical
examination by or under the direction of a licensed physician
within the 12 months immediately preceding the date when the
child came into the agency's care. If there is documentation
that the child has had an examination within the last 12 months,
the agency is responsible for seeing that the child has another
physical examination within one year of the documented
examination and annually in subsequent years. If the agency
determines that the child has not had a physical examination
within the 12 months immediately preceding placement, the agency
shall ensure that the child has an examination within 30 days of
coming into the agency's care and once a year in subsequent
years.

ARTICLE 16

CRIMINAL SENTENCING POLICY

Section 1.

Minnesota Statutes 2004, section 244.09,
subdivision 5, is amended to read:

Subd. 5.

Promulgation of sentencing guidelines.

The
commission shall promulgate Sentencing Guidelines for the
district court. The guidelines shall be based on reasonable
offense and offender characteristics. The guidelines
promulgated by the commission shall be advisory to the district
court and shall establish:

(1) The circumstances under which imprisonment of an
offender is proper; and

(2) A presumptive deleted text begin , fixed sentence deleted text end new text begin sentencing range new text end for
offenders deleted text begin for whom imprisonment is proper deleted text end , based on each
appropriate combination of reasonable offense and offender
characteristics. deleted text begin The guidelines may provide for an increase or
decrease of up to 15 percent in the presumptive, fixed sentence.
deleted text end

The Sentencing Guidelines promulgated by the commission may
also establish appropriate sanctions for offenders for whom
imprisonment is not proper. Any guidelines promulgated by the
commission establishing sanctions for offenders for whom
imprisonment is not proper shall make specific reference to
noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community
work orders, work release programs in local facilities,
community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation
and the conditions thereof.

Although the Sentencing Guidelines are advisory to the
district court, the court shall follow the procedures of the
guidelines when it pronounces sentence in a proceeding to which
the guidelines apply by operation of statute. Sentencing
pursuant to the Sentencing Guidelines is not a right that
accrues to a person convicted of a felony; it is a procedure
based on state public policy to maintain uniformity,
proportionality, rationality, and predictability in sentencing.

In establishing and modifying the Sentencing Guidelines,
the primary consideration of the commission shall be public
safety. The commission shall also consider current sentencing
and release practices; correctional resources, including but not
limited to the capacities of local and state correctional
facilities; and the long-term negative impact of the crime on
the community.

The provisions of sections 14.001 to 14.69 do not apply to
the promulgation of the Sentencing Guidelines, and the
Sentencing Guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative
commission to review administrative rules. However, the
commission shall adopt rules pursuant to sections 14.001 to
14.69 which establish procedures for the promulgation of the
Sentencing Guidelines, including procedures for the promulgation
of severity levels and criminal history scores, and these rules
shall be subject to review by the legislative coordinating
commission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 244.10,
subdivision 2, is amended to read:

Subd. 2.

Deviation from guidelines new text begin ; imposition of
sentence new text end .

Whether or not a sentencing hearing is requested
pursuant to subdivision 1, the district court shall make written
findings of fact as to the reasons for departure from the
Sentencing Guidelines in each case in which the court imposes or
stays a sentence that deviates from the Sentencing Guidelines
applicable to the case. new text begin Unless otherwise allowed by law, the
court shall not impose a sentence duration in excess of that
provided by the Sentencing Guidelines presumptive sentencing
range for the offense unless the finder of fact has found that a
severe aggravating factor exists. If the existence of a severe
aggravating factor has been proven, the court shall impose a
sentence in excess of the presumptive range provided by the
Sentencing Guidelines.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Aggravated departures. new text end

new text begin In bringing a motion for
an aggravated sentence, the state is not limited to factors
specified in the Sentencing Guidelines provided the state
provides reasonable notice to the defendant and the district
court prior to sentencing of the factors on which the state
intends to rely.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Procedures in cases where state intends to seek
an aggravated durational departure. new text end

new text begin (a) When the prosecutor
provides reasonable notice under subdivision 4, the district
court shall allow the state to prove beyond a reasonable doubt
to a jury of 12 members the factors in support of the state's
request for an aggravated departure from the Sentencing
Guidelines as provided in paragraph (b) or (c).
new text end

new text begin (b) The district court shall allow a unitary trial and
final argument to a jury regarding both evidence in support of
the elements of the offense and evidence in support of
aggravating factors when the evidence in support of the
aggravating factors:
new text end

new text begin (1) would be admissible as part of the trial on the
elements of the offense; or
new text end

new text begin (2) would not result in unfair prejudice to the defendant.
new text end

new text begin The existence of each aggravating factor shall be
determined by use of a special verdict form.
new text end

new text begin Upon the request of the prosecutor, the court shall allow
bifurcated argument and jury deliberations.
new text end

new text begin (c) The district court shall bifurcate the proceedings to
allow for the production of evidence, argument, and
deliberations on the existence of factors in support of an
aggravated departure after the return of a guilty verdict when
the evidence in support of an aggravated departure:
new text end

new text begin (1) includes evidence that is otherwise inadmissible at a
trial on the elements of the offense; and
new text end

new text begin (2) would result in unfair prejudice to the defendant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Defendants to present evidence and argument. new text end

new text begin In
either a unitary or bifurcated trial under subdivision 5, a
defendant shall be allowed to present evidence and argument to
the jury or fact finder regarding whether facts exist that would
justify an aggravated departure. A defendant is not allowed to
present evidence or argument to the jury or fact finder
regarding facts in support of a mitigated departure during the
trial, but may present evidence and argument in support of a
mitigated departure to the judge as fact finder during a
sentencing hearing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Waiver of jury determination. new text end

new text begin The defendant may
waive the right to a jury determination of whether facts exist
that would justify an aggravated sentence. Upon receipt of a
waiver of a jury trial on this issue, the district court shall
determine beyond a reasonable doubt whether the factors in
support of the state's motion for aggravated departure exist.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Notice of information regarding predatory
offenders. new text end

new text begin (a) Subject to paragraph (b), in any case in which a
person is convicted of an offense and the presumptive sentence
under the Sentencing Guidelines is commitment to the custody of
the commissioner of corrections, if the court grants a
dispositional departure and stays imposition or execution of
sentence, the probation or court services officer who is
assigned to supervise the offender shall provide in writing to
the following the fact that the offender is on probation and the
terms and conditions of probation:
new text end

new text begin (1) a victim of and any witnesses to the offense committed
by the offender, if the victim or the witness has requested
notice; and
new text end

new text begin (2) the chief law enforcement officer in the area where the
offender resides or intends to reside.
new text end

new text begin The law enforcement officer, in consultation with the
offender's probation officer, may provide all or part of this
information to any of the following agencies or groups the
offender is likely to encounter: public and private educational
institutions, day care establishments, and establishments or
organizations that primarily serve individuals likely to be
victimized by the offender.
new text end

new text begin The probation officer is not required under this
subdivision to provide any notice while the offender is placed
or resides in a residential facility that is licensed under
section 241.021 or 245A.02, subdivision 14, if the facility
staff is trained in the supervision of sex offenders.
new text end

new text begin (b) Paragraph (a) applies only to offenders required to
register under section 243.166, as a result of the conviction.
new text end

new text begin (c) The notice authorized by paragraph (a) shall be limited
to data classified as public under section 13.84, subdivision 6,
unless the offender provides informed consent to authorize the
release of nonpublic data or unless a court order authorizes the
release of nonpublic data.
new text end

new text begin (d) Nothing in this subdivision shall be interpreted to
impose a duty on any person to use any information regarding an
offender about whom notification is made under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Computation of criminal history score. new text end

new text begin If the
defendant contests the existence of or factual basis for a prior
conviction in the calculation of the defendant's criminal
history score, proof of it is established by competent and
reliable evidence, including a certified court record of the
conviction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.108,
subdivision 1, is amended to read:

Subdivision 1.

Mandatory increased sentence.

(a) A court
shall commit a person to the commissioner of corrections for a
period of time that is not less than deleted text begin double the presumptive
sentence deleted text end new text begin the high end of the presumptive range new text end under the
Sentencing Guidelines and not more than the statutory maximum,
or if the statutory maximum is less than double the presumptive
sentence, for a period of time that is equal to the statutory
maximum, if deleted text begin :
deleted text end

deleted text begin (1) deleted text end the court is imposing an executed sentence, based on a
Sentencing Guidelines presumptive imprisonment sentence or a
dispositional departure for aggravating circumstances or a
mandatory minimum sentence, on a person convicted of committing
or attempting to commit a deleted text begin violation of section 609.342, 609.343,
609.344, or 609.345, or on a person convicted of committing or
attempting to commit any other deleted text end crime listed in subdivision 3 if
deleted text begin it reasonably appears to the court that deleted text end the crime was motivated
by the offender's sexual impulses or was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (2) the court finds that the offender is a danger to public
safety; and
deleted text end

deleted text begin (3) the court finds that the offender needs long-term
treatment or supervision beyond the presumptive term of
imprisonment and supervised release. The finding must be based
on a professional assessment by an examiner experienced in
evaluating sex offenders that concludes that the offender is a
patterned sex offender. The assessment must contain the facts
upon which the conclusion is based, with reference to the
offense history of the offender or the severity of the current
offense, the social history of the offender, and the results of
an examination of the offender's mental status unless the
offender refuses to be examined. The conclusion may not be
based on testing alone. A patterned sex offender is one whose
criminal sexual behavior is so engrained that the risk of
reoffending is great without intensive psychotherapeutic
intervention or other long-term controls.
deleted text end

deleted text begin (b) The court shall consider imposing a sentence under this
section whenever a person is convicted of violating section
609.342 or 609.343.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.109,
subdivision 4, is amended to read:

Subd. 4.

Mandatory 30-year sentence.

(a) The court shall
commit a person to the commissioner of corrections for not less
than 30 years, notwithstanding the statutory maximum sentence
under section 609.343, if:

(1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f); or 609.343,
subdivision 1, clause (c), (d), (e), or (f); and

(2) the court determines on the record at the time of
sentencing that deleted text begin :
deleted text end

deleted text begin (i) the crime involved an aggravating factor that would
provide grounds for an upward departure under the Sentencing
Guidelines other than the aggravating factor applicable to
repeat criminal sexual conduct convictions; and
deleted text end

deleted text begin (ii) deleted text end the person has a previous sex offense conviction under
section 609.342, 609.343, or 609.344.

(b) Notwithstanding subdivision 2 and sections 609.342,
subdivision 3; and 609.343, subdivision 3, the court may not
stay imposition or execution of the sentence required by this
subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.109,
subdivision 6, is amended to read:

Subd. 6.

Minimum departure for sex offenders.

The court
shall sentence a person to at least deleted text begin twice deleted text end new text begin the high end of new text end the
presumptive deleted text begin sentence deleted text end new text begin sentencing range new text end recommended by the
Sentencing Guidelines if:

(1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f); 609.343,
subdivision 1, clause (c), (d), (e), or (f); or 609.344,
subdivision 1, clause (c) or (d); and

(2) the deleted text begin court deleted text end new text begin fact finder new text end determines deleted text begin on the record at the
time of sentencing deleted text end that the crime involved an aggravating factor
that would provide grounds for an upward departure under the
Sentencing Guidelines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.1095,
subdivision 2, is amended to read:

Subd. 2.

Increased sentences for dangerous offender who
commits a third violent crime.

Whenever a person is convicted
of a violent crime that is a felony, and the judge is imposing
an executed sentence based on a Sentencing Guidelines
presumptive imprisonment sentence, the judge may impose an
aggravated durational departure from the presumptive
imprisonment sentence up to the statutory maximum sentence if
the offender was at least 18 years old at the time the felony
was committed, and deleted text begin :
deleted text end

deleted text begin (1) deleted text end the court determines on the record at the time of
sentencing that the offender has two or more prior convictions
for violent crimes deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) the court finds that the offender is a danger to public
safety and specifies on the record the basis for the finding,
which may include:
deleted text end

deleted text begin (i) the offender's past criminal behavior, such as the
offender's high frequency rate of criminal activity or juvenile
adjudications, or long involvement in criminal activity
including juvenile adjudications; or
deleted text end

deleted text begin (ii) the fact that the present offense of conviction
involved an aggravating factor that would justify a durational
departure under the Sentencing Guidelines.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.1095,
subdivision 4, is amended to read:

Subd. 4.

Increased sentence for offender who commits a
sixth felony.

Whenever a person is convicted of a felony, and
the judge is imposing an executed sentence based on a Sentencing
Guidelines presumptive imprisonment sentence, the judge may
impose an aggravated durational departure from the presumptive
sentence up to the statutory maximum sentence if the judge finds
and specifies on the record that the offender has five or more
prior felony convictions deleted text begin and that the present offense is a
felony that was committed as part of a pattern of criminal
conduct deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14. new text begin INSTRUCTION TO SENTENCING GUIDELINES
COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Former presumptive, fixed sentence
maintained as reference point. new text end

new text begin (a) Except as provided in
paragraph (b), the Minnesota Sentencing Guidelines Commission
shall retain in each cell of the Sentencing Guidelines grid, as
a reference point only, the presumptive, fixed sentence in place
at the time of enactment of this legislation.
new text end

new text begin (b) The commission shall make changes to the presumptive
sentences for offenses consistent with 2005 legislation and/or
timely modifications proposed by the commission, provided the
legislature has not acted to prevent those modifications from
going forward.
new text end

new text begin Subd. 2. new text end

new text begin Presumptive sentencing range. new text end

new text begin In each cell of
the Sentencing Guidelines grid, the guidelines shall include a
presumptive sentencing range. This range shall extend from 15
percent below the presumptive, fixed sentence in place at the
time of the enactment of this legislation, to 100 percent above
the presumptive, fixed sentence in place at the time of the
enactment of this legislation.
new text end

new text begin Subd. 3. new text end

new text begin Additional modifications to sentencing
guidelines. new text end

new text begin The Minnesota Sentencing Guidelines Commission
shall amend the Sentencing Guidelines and comments to provide
that a court may depart upward from the presumptive sentencing
range when severe aggravating circumstances justify a departure.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15. new text begin REVISOR INSTRUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Headnote change. new text end

new text begin The revisor of statutes
shall change the headnote of Minnesota Statutes, section
609.108, to read "MANDATORY INCREASED SENTENCES FOR CERTAIN
PREDATORY SEX OFFENDERS; NO PRIOR CONVICTION REQUIRED."
new text end

new text begin Subd. 2. new text end

new text begin Repealer; reference to renumbering. new text end

new text begin The revisor
of statutes is instructed to include a reference next to the
repealer of Minnesota Statutes, section 244.10, subdivisions 2a
and 3, to inform the reader that the subdivisions have been
renumbered and to include the new subdivision numbers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 244.10, subdivisions 2a
and 3; and 609.108, subdivisions 4 and 5, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

ARTICLE 17

GENERAL CRIMINAL PROVISIONS

Section 1.

Minnesota Statutes 2004, section 152.02,
subdivision 4, is amended to read:

Subd. 4.

Schedule iii.

The following items are listed in
Schedule III:

(1) Any material, compound, mixture, or preparation which
contains any quantity of Amphetamine, its salts, optical
isomers, and salts of its optical isomers; Phenmetrazine and its
salts; Methamphetamine, its salts, isomers, and salts of
isomers; Methylphenidate; and which is required by federal law
to be labeled with the symbol prescribed by 21 Code of Federal
Regulations Section 1302.03 and in effect on February 1, 1976
designating that the drug is listed as a Schedule III controlled
substance under federal law.

(2) Any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
potential for abuse associated with a depressant effect on the
central nervous system:

(a) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital or any salt thereof and
one or more other active medicinal ingredients which are not
listed in any schedule.

(b) Any suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs
and approved by the food and drug administration for marketing
only as a suppository.

(c) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt of a derivative of
barbituric acid, except those substances which are specifically
listed in other schedules: Chlorhexadol; Glutethimide; Lysergic
acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane;
Sulfonethylmethane; Sulfonmethane.

(d) Gamma hydroxybutyrate, any salt, compound, derivative,
or preparation of gamma hydroxybutyrate, including any isomers,
esters, and ethers and salts of isomers, esters, and ethers of
gamma hydroxybutyrate whenever the existence of such isomers,
esters, and salts is possible within the specific chemical
designation.

(3) Any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
potential for abuse associated with a stimulant effect on the
central nervous system:

(a) Benzphetamine

(b) Chlorphentermine

(c) Clortermine

(d) Mazindol

(e) Phendimetrazine.

(4) Nalorphine.

(5) Any material, compound, mixture, or preparation
containing limited quantities of any of the following narcotic
drugs, or any salts thereof:

(a) Not more than 1.80 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
an equal or greater quantity of an isoquinoline alkaloid of
opium.

(b) Not more than 1.80 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.

(c) Not more than 300 milligrams of dihydrocodeinone per
100 milliliters or not more than 15 milligrams per dosage unit,
with a fourfold or greater quantity of an isoquinoline alkaloid
of opium.

(d) Not more than 300 milligrams of dihydrocodeinone per
100 milliliters or not more than 15 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.

(e) Not more than 1.80 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.

(f) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.

(g) Not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.

(h) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts.

new text begin (6) Anabolic steroids, which, for purposes of this
subdivision, means any drug or hormonal substance, chemically
and pharmacologically related to testosterone, other than
estrogens, progestins, corticosteroids, and
dehydroepiandrosterone, and includes: androstanediol;
androstanedione; androstenediol; androstenedione; bolasterone;
boldenone; calusterone; chlorotestosterone; chorionic
gonadotropin; clostebol; dehydrochloromethyltestosterone;
(triangle)1-dihydrotestosterone; 4-dihydrotestosterone;
drostanolone; ethylestrenol; fluoxymesterone; formebolone;
furazabol; human growth hormones;
13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone;
4-hydroxy-19-nortestosterone; mestanolone; mesterolone;
methandienone; methandranone; methandriol; methandrostenolone;
methenolone; 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
17a-methyl-3a, 17b-dihydroxy-5a-androstane; 17a-methyl-3b,
17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone;
methyldienolone; methyltrienolone; methyltestosterone;
mibolerone; 17a-methyl-(triangle)1-dihydrotestosterone;
nandrolone; nandrolone phenpropionate; norandrostenediol;
norandrostenedione; norbolethone; norclostebol; norethandrolone;
normethandrolone; oxandrolone; oxymesterone; oxymetholone;
stanolone; stanozolol; stenbolone; testolactone; testosterone;
testosterone propionate; tetrahydrogestrinone; trenbolone; and
any salt, ester, or ether of a drug or substance described in
this paragraph. Anabolic steroids are not included if they
are: (i) expressly intended for administration through implants
to cattle or other nonhuman species; and (ii) approved by the
United States Food and Drug Administration for that use.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 152.02,
subdivision 5, is amended to read:

Subd. 5.

Schedule iv.

deleted text begin (a) deleted text end The following items are listed
in Schedule IV: deleted text begin Anabolic substances; deleted text end Barbital; Butorphanol;
Carisoprodol; Chloral betaine; Chloral hydrate;
Chlordiazepoxide; Clonazepam; Clorazepate; Diazepam;
Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine;
Flurazepam; Mebutamate; Methohexital; Meprobamate except when in
combination with the following drugs in the following or lower
concentrations: conjugated estrogens, 0.4 mg; tridihexethyl
chloride, 25mg; pentaerythritol tetranitrate, 20 mg;
Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline;
Petrichloral; Phenobarbital; and Phentermine.

deleted text begin (b) For purposes of this subdivision, "anabolic substances"
means the naturally occurring androgens or derivatives of
androstane (androsterone and testosterone); testosterone and its
esters, including, but not limited to, testosterone propionate,
and its derivatives, including, but not limited to,
methyltestosterone and growth hormones, except that anabolic
substances are not included if they are: (1) expressly intended
for administration through implants to cattle or other nonhuman
species; and (2) approved by the United States Food and Drug
Administration for that use.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

new text begin [171.175] SUSPENSION; THEFT OF GASOLINE OFFENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Theft of gasoline. new text end

new text begin The commissioner of
public safety shall suspend for 30 days the license of any
person convicted or juvenile adjudicated delinquent for theft of
gasoline under section 609.52, subdivision 2, clause (1).
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For the purposes of this section,
"gasoline" has the meaning given it in section 296A.01,
subdivision 23.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 343.31, is
amended to read:

343.31 ANIMAL FIGHTS deleted text begin PROHIBITED deleted text end new text begin AND POSSESSION OF FIGHTING
ANIMALS new text end .

new text begin Subdivision 1. new text end

new text begin Penalty for animal fighting; attending
animal fight. new text end

deleted text begin Any deleted text end new text begin A new text end person who new text begin :
new text end

(1) promotes deleted text begin or deleted text end new text begin , new text end engages in, or is employed deleted text begin at deleted text end new text begin in new text end the
activity of cockfighting, dogfighting, or violent pitting of one
domestic animal against another of the same or a different kind;
deleted text begin or
deleted text end

(2) receives money for the admission of deleted text begin any deleted text end new text begin a new text end person to deleted text begin any
deleted text end new text begin a new text end place used, or about to be used, for that activity; deleted text begin or
deleted text end

(3) willfully permits deleted text begin any deleted text end new text begin a new text end person to enter or use for that
activity premises of which the permitter is the owner, agent, or
occupant; or

(4) uses, trains new text begin , new text end or possesses a dog or other animal for
the purpose of participating in, engaging in new text begin , new text end or promoting that
activity

is guilty of a felony. deleted text begin Any deleted text end new text begin A new text end person who purchases a ticket of
admission or otherwise gains admission to that activity is
guilty of a misdemeanor.

new text begin Subd. 2. new text end

new text begin Presumption of training a fighting dog. new text end

new text begin There
is a rebuttable presumption that a dog has been trained or is
being trained to fight if:
new text end

new text begin (1) the dog exhibits fresh wounds, scarring, or other
indications that the dog has been or will be used for fighting;
and
new text end

new text begin (2) the person possesses training apparatus, paraphernalia,
or drugs known to be used to prepare dogs to be fought.
new text end

new text begin This presumption may be rebutted by a preponderance of the
evidence.
new text end

new text begin Subd. 3. new text end

new text begin Presumption of training fighting birds. new text end

new text begin There
is a rebuttable presumption that a bird has been trained or is
being trained to fight if:
new text end

new text begin (1) the bird exhibits fresh wounds, scarring, or other
indications that the bird has been or will be used for fighting;
or
new text end

new text begin (2) the person possesses training apparatus, paraphernalia,
or drugs known to be used to prepare birds to be fought.
new text end

new text begin This presumption may be rebutted by a preponderance of the
evidence.
new text end

new text begin Subd. 4. new text end

new text begin Peace officer duties. new text end

new text begin Animals described in
subdivisions 2 and 3 are dangerous weapons and constitute an
immediate danger to the safety of humans. A peace officer or
animal control authority may remove, shelter, and care for an
animal found in the circumstances described in subdivision 2 or
3. If necessary, a peace officer or animal control authority
may deliver the animal to another person to be sheltered and
cared for. In all cases, the peace officer or animal control
authority must immediately notify the owner, if known, as
provided in subdivision 5. The peace officer, animal control
authority, or other person assuming care of the animal shall
have a lien on it for the actual cost of care and keeping of the
animal. If the owner or custodian is unknown and cannot by
reasonable effort be ascertained, or does not, within ten days
after notice, redeem the animal by paying the expenses
authorized by this subdivision, the animal may be disposed of as
provided in subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Disposition. new text end

new text begin (a) An animal taken into custody
under subdivision 4 may be humanely disposed of at the
discretion of the jurisdiction having custody of the animal ten
days after the animal is taken into custody, if the procedures
in paragraph (c) are followed.
new text end

new text begin (b) The owner of an animal taken into custody under
subdivision 4 may prevent disposition of the animal by posting
security in an amount sufficient to provide for the actual costs
of care and keeping of the animal. The security must be posted
within ten days of the seizure inclusive of the date of the
seizure. If, however, a hearing is scheduled within ten days of
the seizure, the security amount must be posted prior to the
hearing.
new text end

new text begin (c)(1) The authority taking custody of an animal under
subdivision 4 must give notice of this section by delivering or
mailing it to the owner of the animal, posting a copy of it at
the place where the animal is taken into custody, or delivering
it to a person residing on the property and telephoning, if
possible. The notice must include:
new text end

new text begin (i) a description of the animal seized; the authority and
purpose for the seizure; the time, place, and circumstances
under which the animal was seized; and the location, address,
and telephone number of a contact person who knows where the
animal is kept;
new text end

new text begin (ii) a statement that the owner of the animal may post
security to prevent disposition of the animal and may request a
hearing concerning the seizure and impoundment and that failure
to do so within ten days of the date of the notice will result
in disposition of the animal; and
new text end

new text begin (iii) a statement that all actual costs of the care,
keeping, and disposal of the animal are the responsibility of
the owner of the animal, except to the extent that a court or
hearing officer finds that the seizure or impoundment was not
substantially justified by law. The notice must also include a
form that can be used by a person claiming an interest in the
animal for requesting a hearing.
new text end

new text begin (2) The owner may request a hearing within ten days of the
date of the seizure. If requested, a hearing must be held
within five business days of the request to determine the
validity of the impoundment. The municipality taking custody of
the animal or the municipality from which the animal was seized
may either (i) authorize a licensed veterinarian with no
financial interest in the matter or professional association
with either party, or (ii) use the services of a hearing officer
to conduct the hearing. An owner may appeal the hearing
officer's decision to the district court within five days of the
notice of the decision.
new text end

new text begin (3) The judge or hearing officer may authorize the return
of the animal if the judge or hearing officer finds that (i) the
animal is physically fit; (ii) the person claiming an interest
in the animal can and will provide the care required by law for
the animal; and (iii) the animal has not been used for violent
pitting or fighting.
new text end

new text begin (4) The person claiming an interest in the animal is liable
for all actual costs of care, keeping, and disposal of the
animal, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially
justified by law. The costs must be paid in full or a mutually
satisfactory arrangement for payment must be made between the
municipality and the person claiming an interest in the animal
before the return of the animal to the person.
new text end

new text begin Subd. 6. new text end

new text begin Photographs. new text end

new text begin (a) Photographs of animals seized
during an investigation are competent evidence if the
photographs are admissible into evidence under all the rules of
law governing the admissibility of photographs into evidence. A
satisfactorily identified photographic record is as admissible
in evidence as the animal itself.
new text end

new text begin (b) A photograph must be accompanied by a written
description of the animals seized, the name of the owner of the
animals seized, the date of the photograph, and the name,
address, organization, and signature of the photographer.
new text end

new text begin Subd. 7. new text end

new text begin Veterinary investigative report. new text end

new text begin (a) A report
completed by a Minnesota licensed veterinarian following an
examination of an animal seized during an investigation is
competent evidence. A satisfactorily identified veterinary
investigative report is as admissible in evidence as the animal
itself.
new text end

new text begin (b) The veterinary investigative report may contain a
written description of the animal seized, the medical evaluation
of the physical findings, the prognosis for recovery, and the
date of the examination and must contain the name, address,
veterinary clinic, and signature of the veterinarian performing
the examination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.02,
subdivision 16, is amended to read:

Subd. 16.

Qualified domestic violence-related offense.

"Qualified domestic violence-related offense" includes the
following offenses: sections 518B.01, subdivision 14 (violation
of domestic abuse order for protection); 609.221 (first-degree
assault); 609.222 (second-degree assault); 609.223 (third-degree
assault); 609.2231 (fourth-degree assault); 609.224
(fifth-degree assault); 609.2242 (domestic assault); new text begin 609.2247
(domestic assault by strangulation); new text end 609.342 (first-degree
criminal sexual conduct); 609.343 (second-degree criminal sexual
conduct); 609.344 (third-degree criminal sexual conduct);
609.345 (fourth-degree criminal sexual conduct); 609.377
(malicious punishment of a child); 609.713 (terroristic
threats); 609.748, subdivision 6 (violation of harassment
restraining order); and 609.749 (harassment/stalking); and
similar laws of other states, the United States, the District of
Columbia, tribal lands, and United States territories.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.185, is
amended to read:

609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder
in the first degree and shall be sentenced to imprisonment for
life:

(1) causes the death of a human being with premeditation
and with intent to effect the death of the person or of another;

(2) causes the death of a human being while committing or
attempting to commit criminal sexual conduct in the first or
second degree with force or violence, either upon or affecting
the person or another;

(3) causes the death of a human being with intent to effect
the death of the person or another, while committing or
attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, a drive-by shooting,
tampering with a witness in the first degree, escape from
custody, or any felony violation of chapter 152 involving the
unlawful sale of a controlled substance;

(4) causes the death of a peace officer or a guard employed
at a Minnesota state or local correctional facility, with intent
to effect the death of that person or another, while the peace
officer or guard is engaged in the performance of official
duties;

(5) causes the death of a minor while committing child
abuse, when the perpetrator has engaged in a past pattern of
child abuse upon deleted text begin the deleted text end new text begin a new text end child and the death occurs under
circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing
domestic abuse, when the perpetrator has engaged in a past
pattern of domestic abuse upon the victim or upon another family
or household member and the death occurs under circumstances
manifesting an extreme indifference to human life; or

(7) causes the death of a human being while committing,
conspiring to commit, or attempting to commit a felony crime to
further terrorism and the death occurs under circumstances
manifesting an extreme indifference to human life.

(b) For purposes of paragraph (a), clause (5), "child abuse"
means an act committed against a minor victim that constitutes a
violation of the following laws of this state or any similar
laws of the United States or any other state: section 609.221;
609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344;
609.345; 609.377; 609.378; or 609.713.

(c) For purposes of paragraph (a), clause (6), "domestic
abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222,
609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345,
609.713, or any similar laws of the United States or any other
state; and

(2) is committed against the victim who is a family or
household member as defined in section 518B.01, subdivision 2,
paragraph (b).

(d) For purposes of paragraph (a), clause (7), "further
terrorism" has the meaning given in section 609.714, subdivision
1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to crimes committed on or
after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.2231,
subdivision 3, is amended to read:

Subd. 3.

Correctional employees; probation officers new text begin ; and
secure treatment facility personnel new text end .

new text begin (a) As used in this
subdivision:
new text end

new text begin (1) "correctional facility" has the meaning given in
section 241.021, subdivision 1, paragraph (f); and
new text end

new text begin (2) "secure treatment facility" has the meaning given in
section 253B.02, subdivision 18a.
new text end

new text begin (b) new text end Whoever commits either of the following acts against an
employee of a correctional facility deleted text begin as defined in section
241.021, subdivision 1, paragraph (f) deleted text end , deleted text begin or deleted text end against a probation
officer or other qualified person employed in supervising
offenders new text begin , or against an employee or other individual who
provides care or treatment at a secure treatment facility, new text end while
the deleted text begin employee, officer, or deleted text end person is engaged in the performance
of a duty imposed by law, policy, or rule is guilty of a felony
and may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $4,000, or both:

(1) assaults the deleted text begin employee deleted text end new text begin person new text end and inflicts demonstrable
bodily harm; or

(2) intentionally throws or otherwise transfers bodily
fluids or feces at or onto the deleted text begin employee deleted text end new text begin person new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.2242,
subdivision 3, is amended to read:

Subd. 3.

Domestic assaults; firearms.

(a) When a person
is convicted of a violation of this section or section 609.221,
609.222, 609.223, deleted text begin or deleted text end 609.224, new text begin or 609.2247, new text end the court shall
determine and make written findings on the record as to whether:

(1) the assault was committed against a family or household
member, as defined in section 518B.01, subdivision 2;

(2) the defendant owns or possesses a firearm; and

(3) the firearm was used in any way during the commission
of the assault.

(b) If the court determines that the assault was of a
family or household member, and that the offender owns or
possesses a firearm and used it in any way during the commission
of the assault, it shall order that the firearm be summarily
forfeited under section 609.5316, subdivision 3.

(c) When a person is convicted of assaulting a family or
household member and is determined by the court to have used a
firearm in any way during commission of the assault, the court
may order that the person is prohibited from possessing any type
of firearm for any period longer than three years or for the
remainder of the person's life. A person who violates this
paragraph is guilty of a gross misdemeanor. At the time of the
conviction, the court shall inform the defendant whether and for
how long the defendant is prohibited from possessing a firearm
and that it is a gross misdemeanor to violate this paragraph.
The failure of the court to provide this information to a
defendant does not affect the applicability of the firearm
possession prohibition or the gross misdemeanor penalty to that
defendant.

(d) Except as otherwise provided in paragraph (c), when a
person is convicted of a violation of this section or section
609.224 and the court determines that the victim was a family or
household member, the court shall inform the defendant that the
defendant is prohibited from possessing a pistol for three years
from the date of conviction and that it is a gross misdemeanor
offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the
applicability of the pistol possession prohibition or the gross
misdemeanor penalty to that defendant.

(e) Except as otherwise provided in paragraph (c), a person
is not entitled to possess a pistol if the person has been
convicted after August 1, 1992, of domestic assault under this
section or assault in the fifth degree under section 609.224 and
the assault victim was a family or household member as defined
in section 518B.01, subdivision 2, unless three years have
elapsed from the date of conviction and, during that time, the
person has not been convicted of any other violation of this
section or section 609.224. Property rights may not be abated
but access may be restricted by the courts. A person who
possesses a pistol in violation of this paragraph is guilty of a
gross misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

new text begin [609.2247] DOMESTIC ASSAULT BY STRANGULATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
the following terms have the meanings given.
new text end

new text begin (b) "Family or household members" has the meaning given in
section 518B.01, subdivision 2.
new text end

new text begin (c) "Strangulation" means intentionally impeding normal
breathing or circulation of the blood by applying pressure on
the throat or neck or by blocking the nose or mouth of another
person.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin Unless a greater penalty is provided
elsewhere, whoever assaults a family or household member by
strangulation is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.229,
subdivision 3, is amended to read:

Subd. 3.

Penalty.

(a) If the crime committed in
violation of subdivision 2 new text begin or 5 new text end is a felony, the statutory
maximum for the crime is five years longer than the statutory
maximum for the underlying crime.

(b) If the crime committed in violation of subdivision 2 new text begin or
5 new text end is a misdemeanor, the person is guilty of a gross misdemeanor.

(c) If the crime committed in violation of subdivision 2 new text begin or
5 new text end is a gross misdemeanor, the person is guilty of a felony and
may be sentenced to imprisonment for not more than three years
or to payment of a fine of not more than $15,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.229, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Gang member; crime against a child. new text end

new text begin (a) For
purposes of this subdivision, "child" means an individual under
18 years of age.
new text end

new text begin (b) A person who is a member of a gang who commits a crime
against a child is guilty of a crime and may be sentenced as
provided in subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.321,
subdivision 12, is amended to read:

Subd. 12.

Public place.

A "public place" means a public
street or sidewalk, a pedestrian skyway system as defined in
section 469.125, subdivision 4, a hotel, motel, or other place
of public accommodation, deleted text begin or deleted text end a place licensed to sell
intoxicating liquor, wine, nonintoxicating malt beverages, or
food new text begin , or a motor vehicle located on a public street, alley, or
parking lot ordinarily used by or available to the public though
not used as a matter of right and a driveway connecting such a
parking lot with a street or highway new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.487, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Fleeing, other than vehicle. new text end

new text begin Whoever, for the
purpose of avoiding arrest, detention, or investigation, or in
order to conceal or destroy potential evidence related to the
commission of a crime, attempts to evade or elude a peace
officer, who is acting in the lawful discharge of an official
duty, by means of running, hiding, or by any other means except
fleeing in a motor vehicle, is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 609.50,
subdivision 1, is amended to read:

Subdivision 1.

Crime.

Whoever intentionally does any of
the following may be sentenced as provided in subdivision 2:

(1) obstructs, hinders, or prevents the lawful execution of
any legal process, civil or criminal, or apprehension of another
on a charge or conviction of a criminal offense;

(2) obstructs, resists, or interferes with a peace officer
while the officer is engaged in the performance of official
duties;

(3) interferes with or obstructs the prevention or
extinguishing of a fire, or disobeys the lawful order of a
firefighter present at the fire; deleted text begin or
deleted text end

(4) new text begin interferes with or obstructs a member of an ambulance
service personnel crew, as defined in section 144E.001,
subdivision 3a, who is providing, or attempting to provide,
emergency care; or
new text end

new text begin (5) new text end by force or threat of force endeavors to obstruct any
employee of the Department of Revenue while the employee is
lawfully engaged in the performance of official duties for the
purpose of deterring or interfering with the performance of
those duties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 609.505, is
amended to read:

609.505 FALSELY REPORTING CRIME.

new text begin Subdivision 1. new text end

new text begin False reporting. new text end

Whoever informs a law
enforcement officer that a crime has been committed new text begin or otherwise
provides information to an on-duty peace officer regarding the
conduct of others new text end , knowing that it is false and intending that
the officer shall act in reliance upon it, is guilty of a
misdemeanor. A person who is convicted a second or subsequent
time under this section is guilty of a gross misdemeanor.

new text begin Subd. 2. new text end

new text begin Reporting police misconduct. new text end

new text begin (a) Whoever
informs, or causes information to be communicated to, a public
officer, as defined in section 609.415, subdivision 1, or an
employee thereof, whose responsibilities include investigating
or reporting police misconduct, that a peace officer, as defined
in section 626.84, subdivision 1, paragraph (c), has committed
an act of police misconduct, knowing that the information is
false, is guilty of a crime and may be sentenced as follows:
new text end

new text begin (1) up to the maximum provided for a misdemeanor if the
false information does not allege a criminal act; or
new text end

new text begin (2) up to the maximum provided for a gross misdemeanor if
the false information alleges a criminal act.
new text end

new text begin (b) The court shall order any person convicted of a
violation of this subdivision to make full restitution of all
reasonable expenses incurred in the investigation of the false
allegation unless the court makes a specific written finding
that restitution would be inappropriate under the
circumstances. A restitution award may not exceed $3,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2004, section 609.52,
subdivision 2, is amended to read:

Subd. 2.

Acts constituting theft.

Whoever does any of
the following commits theft and may be sentenced as provided in
subdivision 3:

(1) intentionally and without claim of right takes, uses,
transfers, conceals or retains possession of movable property of
another without the other's consent and with intent to deprive
the owner permanently of possession of the property; or

(2) new text begin with or without new text end having a legal interest in movable
property, intentionally and without consent, takes the property
out of the possession of a pledgee or other person having a
superior right of possession, with intent thereby to deprive the
pledgee or other person permanently of the possession of the
property; or

(3) obtains for the actor or another the possession,
custody, or title to property of or performance of services by a
third person by intentionally deceiving the third person with a
false representation which is known to be false, made with
intent to defraud, and which does defraud the person to whom it
is made. "False representation" includes without limitation:

(i) the issuance of a check, draft, or order for the
payment of money, except a forged check as defined in section
609.631, or the delivery of property knowing that the actor is
not entitled to draw upon the drawee therefor or to order the
payment or delivery thereof; or

(ii) a promise made with intent not to perform. Failure to
perform is not evidence of intent not to perform unless
corroborated by other substantial evidence; or

(iii) the preparation or filing of a claim for
reimbursement, a rate application, or a cost report used to
establish a rate or claim for payment for medical care provided
to a recipient of medical assistance under chapter 256B, which
intentionally and falsely states the costs of or actual services
provided by a vendor of medical care; or

(iv) the preparation or filing of a claim for reimbursement
for providing treatment or supplies required to be furnished to
an employee under section 176.135 which intentionally and
falsely states the costs of or actual treatment or supplies
provided; or

(v) the preparation or filing of a claim for reimbursement
for providing treatment or supplies required to be furnished to
an employee under section 176.135 for treatment or supplies that
the provider knew were medically unnecessary, inappropriate, or
excessive; or

(4) by swindling, whether by artifice, trick, device, or
any other means, obtains property or services from another
person; or

(5) intentionally commits any of the acts listed in this
subdivision but with intent to exercise temporary control only
and:

(i) the control exercised manifests an indifference to the
rights of the owner or the restoration of the property to the
owner; or

(ii) the actor pledges or otherwise attempts to subject the
property to an adverse claim; or

(iii) the actor intends to restore the property only on
condition that the owner pay a reward or buy back or make other
compensation; or

(6) finds lost property and, knowing or having reasonable
means of ascertaining the true owner, appropriates it to the
finder's own use or to that of another not entitled thereto
without first having made reasonable effort to find the owner
and offer and surrender the property to the owner; or

(7) intentionally obtains property or services, offered
upon the deposit of a sum of money or tokens in a coin or token
operated machine or other receptacle, without making the
required deposit or otherwise obtaining the consent of the
owner; or

(8) intentionally and without claim of right converts any
article representing a trade secret, knowing it to be such, to
the actor's own use or that of another person or makes a copy of
an article representing a trade secret, knowing it to be such,
and intentionally and without claim of right converts the same
to the actor's own use or that of another person. It shall be a
complete defense to any prosecution under this clause for the
defendant to show that information comprising the trade secret
was rightfully known or available to the defendant from a source
other than the owner of the trade secret; or

(9) leases or rents personal property under a written
instrument and who:

(i) with intent to place the property beyond the control of
the lessor conceals or aids or abets the concealment of the
property or any part thereof; or

(ii) sells, conveys, or encumbers the property or any part
thereof without the written consent of the lessor, without
informing the person to whom the lessee sells, conveys, or
encumbers that the same is subject to such lease or rental
contract with intent to deprive the lessor of possession
thereof; or

(iii) does not return the property to the lessor at the end
of the lease or rental term, plus agreed upon extensions, with
intent to wrongfully deprive the lessor of possession of the
property; or

(iv) returns the property to the lessor at the end of the
lease or rental term, plus agreed upon extensions, but does not
pay the lease or rental charges agreed upon in the written
instrument, with intent to wrongfully deprive the lessor of the
agreed upon charges.

For the purposes of items (iii) and (iv), the value of the
property must be at least $100.

Evidence that a lessee used a false, fictitious, or not current
name, address, or place of employment in obtaining the property
or fails or refuses to return the property or pay the rental
contract charges to lessor within five days after written demand
for the return has been served personally in the manner provided
for service of process of a civil action or sent by certified
mail to the last known address of the lessee, whichever shall
occur later, shall be evidence of intent to violate this
clause. Service by certified mail shall be deemed to be
complete upon deposit in the United States mail of such demand,
postpaid and addressed to the person at the address for the
person set forth in the lease or rental agreement, or, in the
absence of the address, to the person's last known place of
residence; or

(10) alters, removes, or obliterates numbers or symbols
placed on movable property for purpose of identification by the
owner or person who has legal custody or right to possession
thereof with the intent to prevent identification, if the person
who alters, removes, or obliterates the numbers or symbols is
not the owner and does not have the permission of the owner to
make the alteration, removal, or obliteration; or

(11) with the intent to prevent the identification of
property involved, so as to deprive the rightful owner of
possession thereof, alters or removes any permanent serial
number, permanent distinguishing number or manufacturer's
identification number on personal property or possesses, sells
or buys any personal property knowing or having reason to know
that the permanent serial number, permanent distinguishing
number or manufacturer's identification number has been removed
or altered; or

(12) intentionally deprives another of a lawful charge for
cable television service by:

(i) making or using or attempting to make or use an
unauthorized external connection outside the individual dwelling
unit whether physical, electrical, acoustical, inductive, or
other connection; or by

(ii) attaching any unauthorized device to any cable, wire,
microwave, or other component of a licensed cable communications
system as defined in chapter 238. Nothing herein shall be
construed to prohibit the electronic video rerecording of
program material transmitted on the cable communications system
by a subscriber for fair use as defined by Public Law 94-553,
section 107; or

(13) except as provided in paragraphs (12) and (14),
obtains the services of another with the intention of receiving
those services without making the agreed or reasonably expected
payment of money or other consideration; or

(14) intentionally deprives another of a lawful charge for
telecommunications service by:

(i) making, using, or attempting to make or use an
unauthorized connection whether physical, electrical, by wire,
microwave, radio, or other means to a component of a local
telecommunication system as provided in chapter 237; or

(ii) attaching an unauthorized device to a cable, wire,
microwave, radio, or other component of a local
telecommunication system as provided in chapter 237.

The existence of an unauthorized connection is prima facie
evidence that the occupier of the premises:

(i) made or was aware of the connection; and

(ii) was aware that the connection was unauthorized; or

(15) with intent to defraud, diverts corporate property
other than in accordance with general business purposes or for
purposes other than those specified in the corporation's
articles of incorporation; or

(16) with intent to defraud, authorizes or causes a
corporation to make a distribution in violation of section
302A.551, or any other state law in conformity with it; or

(17) takes or drives a motor vehicle without the consent of
the owner or an authorized agent of the owner, knowing or having
reason to know that the owner or an authorized agent of the
owner did not give consent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2004, section 609.527,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section,
the following terms have the meanings given them in this
subdivision.

(b) "Direct victim" means any person or entity described in
section 611A.01, paragraph (b), whose identity has been
transferred, used, or possessed in violation of this section.

(c) new text begin "False pretense" means any false, fictitious,
misleading, or fraudulent information or pretense or pretext
depicting or including or deceptively similar to the name, logo,
Web site address, e-mail address, postal address, telephone
number, or any other identifying information of a for-profit or
not-for-profit business or organization or of a government
agency, to which the user has no legitimate claim of right.
new text end

new text begin (d) new text end "Identity" means any name, number, or data transmission
that may be used, alone or in conjunction with any other
information, to identify a specific individual new text begin or entity new text end ,
including any of the following:

(1) a name, Social Security number, date of birth, official
government-issued driver's license or identification number,
government passport number, or employer or taxpayer
identification number;

(2) unique electronic identification number, address,
account number, or routing code; or

(3) telecommunication identification information or access
device.

deleted text begin (d) deleted text end new text begin (e) new text end "Indirect victim" means any person or entity
described in section 611A.01, paragraph (b), other than a direct
victim.

deleted text begin (e) deleted text end new text begin (f) new text end "Loss" means value obtained, as defined in section
609.52, subdivision 1, clause (3), and expenses incurred by a
direct or indirect victim as a result of a violation of this
section.

deleted text begin (f) deleted text end new text begin (g) new text end "Unlawful activity" means:

(1) any felony violation of the laws of this state or any
felony violation of a similar law of another state or the United
States; and

(2) any nonfelony violation of the laws of this state
involving theft, theft by swindle, forgery, fraud, or giving
false information to a public official, or any nonfelony
violation of a similar law of another state or the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2004, section 609.527,
subdivision 3, is amended to read:

Subd. 3.

Penalties.

A person who violates subdivision 2
may be sentenced as follows:

(1) if the offense involves a single direct victim and the
total, combined loss to the direct victim and any indirect
victims is $250 or less, the person may be sentenced as provided
in section 609.52, subdivision 3, clause (5);

(2) if the offense involves a single direct victim and the
total, combined loss to the direct victim and any indirect
victims is more than $250 but not more than $500, the person may
be sentenced as provided in section 609.52, subdivision 3,
clause (4);

(3) if the offense involves two or three direct victims or
the total, combined loss to the direct and indirect victims is
more than $500 but not more than $2,500, the person may be
sentenced as provided in section 609.52, subdivision 3, clause
(3);

(4) if the offense involves more than three but not more
than seven direct victims, or if the total combined loss to the
direct and indirect victims is more than $2,500, the person may
be sentenced as provided in section 609.52, subdivision 3,
clause (2); and

(5) if the offense involves eight or more direct victims deleted text begin , deleted text end new text begin ;
new text end or if the total, combined loss to the direct and indirect
victims is more than $35,000 deleted text begin , deleted text end new text begin ; or if the offense is related to
possession or distribution of pornographic work in violation of
section 617.246 or 617.247; new text end the person may be sentenced as
provided in section 609.52, subdivision 3, clause (1).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2004, section 609.527,
subdivision 4, is amended to read:

Subd. 4.

Restitution new text begin ; items provided to victim new text end .

new text begin (a) new text end A
direct or indirect victim of an identity theft crime shall be
considered a victim for all purposes, including any rights that
accrue under chapter 611A and rights to court-ordered
restitution.

new text begin (b) The court shall order a person convicted of violating
subdivision 2 to pay restitution of not less than $1,000 to each
direct victim of the offense.
new text end

new text begin (c) Upon the written request of a direct victim or the
prosecutor setting forth with specificity the facts and
circumstances of the offense in a proposed order, the court
shall provide to the victim, without cost, a certified copy of
the complaint filed in the matter, the judgment of conviction,
and an order setting forth the facts and circumstances of the
offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2004, section 609.527, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Crime of electronic use of false pretense to
obtain identity. new text end

new text begin (a) A person who, with intent to obtain the
identity of another, uses a false pretense in an e-mail to
another person or in a Web page, electronic communication,
advertisement, or any other communication on the Internet, is
guilty of a crime.
new text end

new text begin (b) Whoever commits such offense may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
new text end

new text begin (c) In a prosecution under this subdivision, it is not a
defense that:
new text end

new text begin (1) the person committing the offense did not obtain the
identity of another;
new text end

new text begin (2) the person committing the offense did not use the
identity; or
new text end

new text begin (3) the offense did not result in financial loss or any
other loss to any person.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2004, section 609.527,
subdivision 6, is amended to read:

Subd. 6.

Venue.

Notwithstanding anything to the contrary
in section 627.01, an offense committed under subdivision 2 new text begin or
5a new text end may be prosecuted in:

(1) the county where the offense occurred; deleted text begin or
deleted text end

(2) the county of residence or place of business of the
direct victim or indirect victim new text begin ; or
new text end

new text begin (3) in the case of a violation of subdivision 5a, the
county of residence of the person whose identity was obtained or
sought new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2004, section 609.605,
subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

(a) The following terms have
the meanings given them for purposes of this section.

(i) "Premises" means real property and any appurtenant
building or structure.

(ii) "Dwelling" means the building or part of a building
used by an individual as a place of residence on either a
full-time or a part-time basis. A dwelling may be part of a
multidwelling or multipurpose building, or a manufactured home
as defined in section 168.011, subdivision 8.

(iii) "Construction site" means the site of the
construction, alteration, painting, or repair of a building or
structure.

(iv) "Owner or lawful possessor," as used in paragraph (b),
clause (9), means the person on whose behalf a building or
dwelling is being constructed, altered, painted, or repaired and
the general contractor or subcontractor engaged in that work.

(v) "Posted," as used new text begin :
new text end

new text begin (A) new text end in clause (9), means the placement of a sign at least
11 inches square in a conspicuous place on the exterior of the
building that is under construction, alteration, or repair, and
additional signs in at least two conspicuous places for each ten
acres being protected. The sign must carry an appropriate
notice and the name of the person giving the notice, followed by
the word "owner" if the person giving the notice is the holder
of legal title to the land on which the construction site is
located or by the word "occupant" if the person giving the
notice is not the holder of legal title but is a lawful occupant
of the land new text begin ; and
new text end

new text begin (B) in clause (10), means the placement of signs that:
new text end

new text begin (I) state "no trespassing" or similar terms;
new text end

new text begin (II) display letters at least two inches high;
new text end

new text begin (III) state that Minnesota law prohibits trespassing on the
property; and
new text end

new text begin (IV) are posted in a conspicuous place and at intervals of
500 feet or less new text end .

(vi) "Business licensee," as used in paragraph (b), clause
(9), includes a representative of a building trades labor or
management organization.

(vii) "Building" has the meaning given in section 609.581,
subdivision 2.

(b) A person is guilty of a misdemeanor if the person
intentionally:

(1) permits domestic animals or fowls under the actor's
control to go on the land of another within a city;

(2) interferes unlawfully with a monument, sign, or pointer
erected or marked to designate a point of a boundary, line or a
political subdivision, or of a tract of land;

(3) trespasses on the premises of another and, without
claim of right, refuses to depart from the premises on demand of
the lawful possessor;

(4) occupies or enters the dwelling or locked or posted
building of another, without claim of right or consent of the
owner or the consent of one who has the right to give consent,
except in an emergency situation;

(5) enters the premises of another with intent to take or
injure any fruit, fruit trees, or vegetables growing on the
premises, without the permission of the owner or occupant;

(6) enters or is found on the premises of a public or
private cemetery without authorization during hours the cemetery
is posted as closed to the public;

(7) returns to the property of another with the intent to
abuse, disturb, or cause distress in or threaten another, after
being told to leave the property and not to return, if the actor
is without claim of right to the property or consent of one with
authority to consent;

(8) returns to the property of another within deleted text begin 30 days deleted text end new text begin one
year new text end after being told to leave the property and not to return,
if the actor is without claim of right to the property or
consent of one with authority to consent; deleted text begin or
deleted text end

(9) enters the locked or posted construction site of
another without the consent of the owner or lawful possessor,
unless the person is a business licensee new text begin ; or
new text end

new text begin (10) enters the locked or posted aggregate mining site of
another without the consent of the owner or lawful possessor,
unless the person is a business licensee new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 23.

Minnesota Statutes 2004, section 609.605,
subdivision 4, is amended to read:

Subd. 4.

Trespasses on school property.

(a) It is a
misdemeanor for a person to enter or be found in a public or
nonpublic elementary, middle, or secondary school building
unless the person:

(1) is an enrolled student in, a parent or guardian of an
enrolled student in, or an employee of the school or school
district;

(2) has permission or an invitation from a school official
to be in the building;

(3) is attending a school event, class, or meeting to which
the person, the public, or a student's family is invited; or

(4) has reported the person's presence in the school
building in the manner required for visitors to the school.

(b) It is a gross misdemeanor for a group of three or more
persons to enter or be found in a public or nonpublic
elementary, middle, or secondary school building unless one of
the persons:

(1) is an enrolled student in, a parent or guardian of an
enrolled student in, or an employee of the school or school
district;

(2) has permission or an invitation from a school official
to be in the building;

(3) is attending a school event, class, or meeting to which
the person, the public, or a student's family is invited; or

(4) has reported the person's presence in the school
building in the manner required for visitors to the school.

(c) It is a misdemeanor for a person to enter or be found
on school property within deleted text begin six months deleted text end new text begin one year new text end after being told
by the school principal or the principal's designee to leave the
property and not to return, unless the principal or the
principal's designee has given the person permission to return
to the property. As used in this paragraph, "school property"
has the meaning given in section 152.01, subdivision 14a,
clauses (1) and (3).

(d) A school principal or a school employee designated by
the school principal to maintain order on school property, who
has reasonable cause to believe that a person is violating this
subdivision may detain the person in a reasonable manner for a
reasonable period of time pending the arrival of a peace
officer. A school principal or designated school employee is
not civilly or criminally liable for any action authorized under
this paragraph if the person's action is based on reasonable
cause.

(e) A peace officer may arrest a person without a warrant
if the officer has probable cause to believe the person violated
this subdivision within the preceding four hours. The arrest
may be made even though the violation did not occur in the peace
officer's presence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 24.

Minnesota Statutes 2004, section 609.725, is
amended to read:

609.725 VAGRANCY.

Any of the following are vagrants and are guilty of a
misdemeanor:

(1) deleted text begin a person, with ability to work, who is without lawful
means of support, does not seek employment, and is not under 18
years of age; or
deleted text end

deleted text begin (2) deleted text end a person found in or loitering near any structure,
vehicle, or private grounds who is there without the consent of
the owner and is unable to account for being there; or

deleted text begin (3) deleted text end new text begin (2) new text end a prostitute who loiters on the streets or in a
public place or in a place open to the public with intent to
solicit for immoral purposes deleted text begin ; or
deleted text end

deleted text begin (4) a person who derives support in whole or in part from
begging or as a fortune teller or similar impostor deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 25.

Minnesota Statutes 2004, section 609.763,
subdivision 3, is amended to read:

Subd. 3.

Aggregation; jurisdiction.

In a prosecution
under this section, the dollar amounts deleted text begin obtained deleted text end new text begin involved new text end in
violation of subdivision 1 within any 12-month period may be
aggregated and the defendant charged accordingly. When two or
more offenses are committed by the same person in two or more
counties, the defendant may be prosecuted in any county in which
one of the offenses was committed for all of the offenses
aggregated under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 26.

new text begin [609.849] RAILROAD THAT OBSTRUCTS TREATMENT OF
AN INJURED WORKER.
new text end

new text begin (a) A railroad company or person employed by a railroad
company shall not:
new text end

new text begin (1) intentionally deny, delay, or interfere with medical
treatment or first aid treatment to an employee of a railroad
who has been injured during employment; or
new text end

new text begin (2) discipline, harass, or intimidate an employee to
discourage the employee from receiving medical attention or
threaten to discipline an employee who has been injured during
employment for requesting medical treatment or first aid
treatment.
new text end

new text begin (b) Nothing in this section shall deny a railroad company
or railroad employee from making a reasonable inquiry of an
injured employee about the circumstance of an injury in order to
gather information necessary to identify a safety hazard.
new text end

new text begin (c) It is not a violation under this section for a railroad
company or railroad employee to enforce safety regulations.
new text end

new text begin (d) A railroad or person who violates paragraph (a) is
subject to a criminal penalty of up to $1,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 27.

new text begin [609.896] CRIMINAL USE OF REAL PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this
section, the following terms have the meanings given them.
new text end

new text begin (a) "Audiovisual recording function" means the capability
of a device to record or transmit a motion picture or any part
of a motion picture by means of any technology now known or
later developed.
new text end

new text begin (b) "Convicted" includes a conviction for a similar offense
under the law of another state or the federal government.
new text end

new text begin (c) "Motion picture theater" means a movie theater,
screening room, or other venue when used primarily for the
exhibition of a motion picture.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin (a) Any person in a motion picture
theater while a motion picture is being exhibited who knowingly
operates an audiovisual recording function of a device without
the consent of the owner or lessee of the motion picture theater
is guilty of criminal use of real property.
new text end

new text begin (b) If a person is convicted of a first offense, it is a
misdemeanor.
new text end

new text begin (c) If a person is convicted of a second offense, it is a
gross misdemeanor.
new text end

new text begin (d) If a person is convicted of a third or subsequent
offense, it is a felony and the person may be sentenced to
imprisonment for not more than two years or to payment of a fine
of not more than $4,000, or both.
new text end

new text begin Subd. 3. new text end

new text begin Detaining suspects. new text end

new text begin An owner or lessee of a
motion picture theater is a merchant for purposes of section
629.366.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin This section does not prevent any
lawfully authorized investigative, law enforcement protective,
or intelligence gathering employee or agent of the state or
federal government from operating any audiovisual recording
device in a motion picture theater where a motion picture is
being exhibited, as part of lawfully authorized investigative,
law enforcement protective, or intelligence gathering activities.
new text end

new text begin Subd. 5. new text end

new text begin Not preclude alternative prosecution. new text end

new text begin Nothing
in this section prevents prosecution under any other provision
of law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 28. new text begin CRIMINAL PROPERTY OFFENSE MONETARY THRESHOLD
COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin A Criminal
Property Offense Monetary Threshold Committee is established to
study and propose adjusting threshold dollar amounts of property
crimes. The committee shall identify the property crimes in
addition to theft, as defined in Minnesota Statutes, section
609.52, that contain threshold dollar amounts that require
revision. In determining how much property crime threshold
dollar amounts should be revised, the committee shall take into
consideration the Consumer Price Index for urban, suburban, and
rural consumers in Minnesota, and any other historical and
economic factors relevant to a rational and proportionate
adjustment of thresholds.
new text end

new text begin Subd. 2. new text end

new text begin Resources. new text end

new text begin The committee may use legislative
staff to provide legal counsel, research, and secretarial and
clerical assistance. The Sentencing Guidelines Commission,
Department of Corrections, and state court administrator shall
provide technical assistance to the committee on request.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin The committee consists of:
new text end

new text begin (1) three senators, no more than two of whom are from the
same political party, appointed by the senate Subcommittee on
Committees of the Committee on Rules and Administration and
three members of the house of representatives, no more than two
of whom are from the same political party, appointed by the
speaker;
new text end

new text begin (2) representatives from each of the following groups
appointed by the chairs of the senate Committee on Crime
Prevention and Public Safety and the house Public Safety and
Finance Committee:
new text end

new text begin (i) crime victim advocates;
new text end

new text begin (ii) county attorneys;
new text end

new text begin (iii) city attorneys;
new text end

new text begin (iv) professors of law with expertise in criminal justice;
new text end

new text begin (v) district court judges;
new text end

new text begin (vi) criminal defense attorneys;
new text end

new text begin (vii) probation officers; and
new text end

new text begin (viii) public members who are victims of crime; and
new text end

new text begin (3) the state court administrator who shall chair the group.
new text end

new text begin Subd. 4. new text end

new text begin Recommendations. new text end

new text begin The committee shall present
the legislature with dollar threshold adjustment recommendations
in the form of a bill that amends the property crime statutes it
has identified as in need of revision no later than January 15,
2006. The bill shall be presented to the chair of the senate
Crime Prevention and Public Safety Committee and house Public
Safety and Finance Committee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

ARTICLE 18

DWI AND TRAFFIC SAFETY POLICY

Section 1.

Minnesota Statutes 2004, section 169.06, is
amended by adding a subdivision to read:

new text begin Subd. 5b. new text end

new text begin Possession of override device. new text end

new text begin (a) For
purposes of this subdivision, "traffic signal-override device"
means a device located in a motor vehicle that permits
activation of a traffic signal-override system described in
subdivision 5a.
new text end

new text begin (b) No person may operate a motor vehicle that contains a
traffic signal-override device, other than:
new text end

new text begin (1) an authorized emergency vehicle described in section
169.01, subdivision 5, clause (1), (2), or (3);
new text end

new text begin (2) a vehicle, including a rail vehicle, engaged in
providing bus rapid transit service or light rail transit
service;
new text end

new text begin (3) a signal maintenance vehicle of a road authority; or
new text end

new text begin (4) a vehicle authorized to contain such a device by order
of the commissioner of public safety.
new text end

new text begin (c) No person may possess a traffic signal-override device,
other than:
new text end

new text begin (1) a person authorized to operate a vehicle described in
paragraph (b), clauses (1) and (2), but only for use in that
vehicle;
new text end

new text begin (2) a person authorized by a road authority to perform
signal maintenance, while engaged in such maintenance; or
new text end

new text begin (3) a person authorized by order of the commissioner of
public safety to possess a traffic signal-override device, but
only to the extent authorized in the order.
new text end

new text begin (d) A violation of this subdivision is a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 169A.275,
subdivision 1, is amended to read:

Subdivision 1.

Second offense.

(a) The court shall
sentence a person who is convicted of a violation of section
169A.20 (driving while impaired) within ten years of a qualified
prior impaired driving incident to either:

(1) a minimum of 30 days of incarceration, at least 48
hours of which must be served deleted text begin consecutively deleted text end in a local
correctional facility; or

(2) eight hours of community work service for each day less
than 30 days that the person is ordered to serve in a local
correctional facility.

Notwithstanding section 609.135 (stay of imposition or execution
of sentence), the penalties in this paragraph must be executed,
unless the court departs from the mandatory minimum sentence
under paragraph (b) or (c).

(b) Prior to sentencing, the prosecutor may file a motion
to have a defendant described in paragraph (a) sentenced without
regard to the mandatory minimum sentence established by that
paragraph. The motion must be accompanied by a statement on the
record of the reasons for it. When presented with the
prosecutor's motion and if it finds that substantial mitigating
factors exist, the court shall sentence the defendant without
regard to the mandatory minimum sentence established by
paragraph (a).

(c) The court may, on its own motion, sentence a defendant
described in paragraph (a) without regard to the mandatory
minimum sentence established by that paragraph if it finds that
substantial mitigating factors exist and if its sentencing
departure is accompanied by a statement on the record of the
reasons for it. The court also may sentence the defendant
without regard to the mandatory minimum sentence established by
paragraph (a) if the defendant is sentenced to probation and
ordered to participate in a program established under section
169A.74 (pilot programs of intensive probation for repeat DWI
offenders).

(d) When any portion of the sentence required by paragraph
(a) is not executed, the court should impose a sentence that is
proportional to the extent of the offender's prior criminal and
moving traffic violation record. Any sentence required under
paragraph (a) must include a mandatory sentence that is not
subject to suspension or a stay of imposition or execution, and
that includes incarceration for not less than 48 deleted text begin consecutive
deleted text end hours or at least 80 hours of community work service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 169A.52,
subdivision 4, is amended to read:

Subd. 4.

Test failure; license revocation.

(a) Upon
certification by the peace officer that there existed probable
cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section
169A.20 (driving while impaired) and that the person submitted
to a test and the test results indicate an alcohol concentration
of 0.08 or more or the presence of a controlled substance listed
in schedule I or II, other than marijuana or
tetrahydrocannabinols, then the commissioner shall revoke the
person's license or permit to drive, or nonresident operating
privilege:

(1) for a period of 90 days;

(2) if the person is under the age of 21 years, for a
period of six months;

(3) for a person with a qualified prior impaired driving
incident within the past ten years, for a period of 180 days; or

(4) if the test results indicate an alcohol concentration
of 0.20 or more, for twice the applicable period in clauses (1)
to (3).

(b) On certification by the peace officer that there
existed probable cause to believe the person had been driving,
operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a
test and the test results indicated an alcohol concentration of
0.04 or more, the commissioner shall disqualify the person from
operating a commercial motor vehicle under section 171.165
(commercial driver's license disqualification).

new text begin (c) If the test is of a person's blood or urine by a
laboratory operated by the Bureau of Criminal Apprehension, or
authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the
commissioner the test results, and the peace officer shall
certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical
control of a motor vehicle in violation of section 169A.20 and
that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license
actions described in paragraphs (a) and (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006,
and applies to blood and urine test samples analyzed on or after
that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 169A.60,
subdivision 10, is amended to read:

Subd. 10.

Petition for judicial review.

(a) Within 30
days following receipt of a notice and order of impoundment
under this section, a person may petition the court for review.
new text begin The petition must include proof of service of a copy of the
petition on the commissioner. new text end The petition must include the
petitioner's date of birth, driver's license number, and date of
the plate impoundment violation new text begin , as well as the name of the
violator and the law enforcement agency that issued the plate
impoundment order new text end . The petition must state with specificity the
grounds upon which the petitioner seeks rescission of the order
for impoundment. The petition may be combined with any petition
filed under section 169A.53 (administrative and judicial review
of license revocation).

(b) Except as otherwise provided in this section, the
judicial review and hearing are governed by section 169A.53 and
must take place at the same time as any judicial review of the
person's license revocation under section 169A.53. The filing
of the petition does not stay the impoundment order. The
reviewing court may order a stay of the balance of the
impoundment period if the hearing has not been conducted within
60 days after filing of the petition upon terms the court deems
proper. The court shall order either that the impoundment be
rescinded or sustained, and forward the order to the
commissioner. The court shall file its order within 14 days
following the hearing.

(c) In addition to the issues described in section 169A.53,
subdivision 3 (judicial review of license revocation), the scope
of a hearing under this subdivision is limited to:

(1) deleted text begin whether the violator owns, is the registered owner of,
possesses, or has access to the vehicle used in the plate
impoundment violation;
deleted text end

deleted text begin (2) whether a member of the violator's household has a
valid driver's license, the violator or registered owner has a
limited license issued under section 171.30, the registered
owner is not the violator, and the registered owner has a valid
or limited driver's license, or a member of the registered
owner's household has a valid driver's license; and
deleted text end

deleted text begin (3) deleted text end if the impoundment is based on a plate impoundment
violation described in subdivision 1, paragraph deleted text begin (c) deleted text end new text begin (d) new text end , clause
(3) or (4), whether the peace officer had probable cause to
believe the violator committed the plate impoundment violation
and whether the evidence demonstrates that the plate impoundment
violation occurred new text begin ; and
new text end

new text begin (2) for all other cases, whether the peace officer had
probable cause to believe the violator committed the plate
impoundment violation new text end .

(d) In a hearing under this subdivision, the following
records are admissible in evidence:

(1) certified copies of the violator's driving record; and

(2) certified copies of vehicle registration records
bearing the violator's name.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 5.

Minnesota Statutes 2004, section 169A.60,
subdivision 11, is amended to read:

Subd. 11.

Rescission of revocation deleted text begin ; deleted text end new text begin and new text end dismissal or
acquittal; new plates.

If:

(1) the driver's license revocation that is the basis for
an impoundment order is rescinded; new text begin and
new text end

(2) the charges for the plate impoundment violation have
been dismissed with prejudice deleted text begin ; deleted text end or

deleted text begin (3) deleted text end the violator has been acquitted of the plate
impoundment violation;

then the registrar of motor vehicles shall issue new
registration plates for the vehicle at no cost, when the
registrar receives an application that includes a copy of the
order rescinding the driver's license revocation deleted text begin , deleted text end new text begin and either new text end the
order dismissing the charges deleted text begin , deleted text end or the judgment of acquittal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2004, section 169A.63,
subdivision 8, is amended to read:

Subd. 8.

Administrative forfeiture procedure.

(a) A
motor vehicle used to commit a designated offense or used in
conduct resulting in a designated license revocation is subject
to administrative forfeiture under this subdivision.

(b) When a motor vehicle is seized under subdivision 2, or
within a reasonable time after seizure, the appropriate agency
shall serve the driver or operator of the vehicle with a notice
of the seizure and intent to forfeit the vehicle. Additionally,
when a motor vehicle is seized under subdivision 2, or within a
reasonable time after that, all persons known to have an
ownership, possessory, or security interest in the vehicle must
be notified of the seizure and the intent to forfeit the
vehicle. For those vehicles required to be registered under
chapter 168, the notification to a person known to have a
security interest in the vehicle is required only if the vehicle
is registered under chapter 168 and the interest is listed on
the vehicle's title. Notice mailed by certified mail to the
address shown in Department of Public Safety records is
sufficient notice to the registered owner of the vehicle. For
motor vehicles not required to be registered under chapter 168,
notice mailed by certified mail to the address shown in the
applicable filing or registration for the vehicle is sufficient
notice to a person known to have an ownership, possessory, or
security interest in the vehicle. Otherwise, notice may be
given in the manner provided by law for service of a summons in
a civil action.

(c) The notice must be in writing and contain:

(1) a description of the vehicle seized;

(2) the date of seizure; and

(3) notice of the right to obtain judicial review of the
forfeiture and of the procedure for obtaining that judicial
review, printed in English, Hmong, and Spanish. Substantially
the following language must appear conspicuously: "IF YOU DO
NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO
A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT
HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR
LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT
HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
WORTH LESS THAN $500."

(d) Within 30 days following service of a notice of seizure
and forfeiture under this subdivision, a claimant may file a
demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be
filed with the court administrator in the county in which the
seizure occurred, together with proof of service of a copy of
the complaint on the prosecuting authority having jurisdiction
over the forfeiture deleted text begin , deleted text end and new text begin the appropriate agency that initiated
the forfeiture, including new text end the standard filing fee for civil
actions unless the petitioner has the right to sue in forma
pauperis under section 563.01. If the value of the seized
property is $7,500 or less, the claimant may file an action in
conciliation court for recovery of the seized vehicle. A copy
of the conciliation court statement of claim must be served
personally or by mail on the prosecuting authority having
jurisdiction over the forfeiture new text begin , as well as on the appropriate
agency that initiated the forfeiture, new text end within 30 days following
service of the notice of seizure and forfeiture under this
subdivision. If the value of the seized property is less than
$500, the claimant does not have to pay the conciliation court
filing fee.

No responsive pleading is required of the prosecuting
authority and no court fees may be charged for the prosecuting
authority's appearance in the matter. new text begin The prosecuting authority
may appear for the appropriate agency. new text end Pleadings, filings, and
methods of service are governed by the Rules of Civil Procedure.

(e) The complaint must be captioned in the name of the
claimant as plaintiff and the seized vehicle as defendant, and
must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized, the claimant's
interest in the vehicle seized, and any affirmative defenses the
claimant may have. Notwithstanding any law to the contrary, an
action for the return of a vehicle seized under this section may
not be maintained by or on behalf of any person who has been
served with a notice of seizure and forfeiture unless the person
has complied with this subdivision.

(f) If the claimant makes a timely demand for a judicial
determination under this subdivision, the forfeiture proceedings
must be conducted as provided under subdivision 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to forfeiture actions initiated on or after that
date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 169A.70,
subdivision 3, is amended to read:

Subd. 3.

Assessment report.

(a) The assessment report
must be on a form prescribed by the commissioner and shall
contain an evaluation of the convicted defendant concerning the
defendant's prior traffic new text begin and criminal new text end record, characteristics
and history of alcohol and chemical use problems, and
amenability to rehabilitation through the alcohol safety
program. The report is classified as private data on
individuals as defined in section 13.02, subdivision 12.

(b) The assessment report must include:

(1) new text begin a diagnosis of the nature of the offender's chemical
and alcohol involvement;
new text end

new text begin (2) an assessment of the severity level of the involvement;
new text end

new text begin (3) new text end a recommended level of care for the offender in
accordance with the criteria contained in rules adopted by the
commissioner of human services under section 254A.03,
subdivision 3 (chemical dependency treatment rules);

new text begin (4) an assessment of the offender's placement needs;
new text end

deleted text begin (2) deleted text end new text begin (5) new text end recommendations for other appropriate remedial
action or care new text begin , including aftercare services in section 254B.01,
subdivision 3, new text end that may consist of educational programs,
one-on-one counseling, a program or type of treatment that
addresses mental health concerns, or a combination of them; deleted text begin or
deleted text end new text begin and
new text end

deleted text begin (3) deleted text end new text begin (6) new text end a specific explanation why no level of care or
action was recommended new text begin , if applicable new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to chemical use assessments made on or after that
date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 169A.70, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Method of assessment. new text end

new text begin (a) As used in this
subdivision, "collateral contact" means an oral or written
communication initiated by an assessor for the purpose of
gathering information from an individual or agency, other than
the offender, to verify or supplement information provided by
the offender during an assessment under this section. The term
includes contacts with family members and criminal justice
agencies.
new text end

new text begin (b) An assessment conducted under this section must include
at least one personal interview with the offender designed to
make a determination about the extent of the offender's past and
present chemical and alcohol use or abuse. It must also include
collateral contacts and a review of relevant records or reports
regarding the offender including, but not limited to, police
reports, arrest reports, driving records, chemical testing
records, and test refusal records. If the offender has a
probation officer, the officer must be the subject of a
collateral contact under this subdivision. If an assessor is
unable to make collateral contacts, the assessor shall specify
why collateral contacts were not made.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to chemical use assessments made on or after that
date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 169A.70, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Preconviction assessment. new text end

new text begin (a) The court may not
accept a chemical use assessment conducted before conviction as
a substitute for the assessment required by this section unless
the court ensures that the preconviction assessment meets the
standards described in this section.
new text end

new text begin (b) If the commissioner of public safety is making a
decision regarding reinstating a person's driver's license based
on a chemical use assessment, the commissioner shall ensure that
the assessment meets the standards described in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to chemical use assessments made on or after that
date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 171.09, is
amended to read:

171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.

new text begin Subdivision 1. new text end

new text begin Authority; violations. new text end

(a) The
commissioner shall have the authority, when good cause appears,
to impose restrictions suitable to the licensee's driving
ability or such other restrictions applicable to the licensee as
the commissioner may determine to be appropriate to assure the
safe operation of a motor vehicle by the licensee. The
commissioner may, upon receiving satisfactory evidence of any
violation of the restrictions of the license, suspend or revoke
the license. A license suspension under this section is subject
to section 171.18, subdivisions 2 and 3.

(b) A person who drives, operates, or is in physical
control of a motor vehicle while in violation of the
restrictions imposed in a restricted driver's license issued to
that person under paragraph (a) is guilty of a crime as follows:

(1) if the restriction relates to the possession or
consumption of alcohol or controlled substances, the person is
guilty of a gross misdemeanor; or

(2) if the restriction relates to another matter, the
person is guilty of a misdemeanor.

new text begin Subd. 2. new text end

new text begin No alcohol restriction; time limit. new text end

new text begin (a) The
commissioner must rescind a license restriction imposed upon a
licensee under subdivision 1 stating that the person must
abstain from alcohol, if 10 years have passed since the date the
restriction was imposed and the person has not incurred an
impaired driving conviction or impaired driving-related loss of
license for a driving incident occurring during that time period.
new text end

new text begin (b) For purposes of this section, the terms "impaired
driving conviction" and "impaired driving-related loss of
license" have the meanings given to these terms in section
169A.03, subdivisions 20 and 21.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 11.

Minnesota Statutes 2004, section 171.20,
subdivision 4, is amended to read:

Subd. 4.

Reinstatement fee.

(a) Before the license is
reinstated, (1) a person whose driver's license has been
suspended under section 171.16, deleted text begin subdivision deleted text end new text begin subdivisions new text end 2 new text begin and
3 new text end ; 171.18 deleted text begin , except subdivision 1, clause (10) deleted text end ; or 171.182, or who
has been disqualified from holding a commercial driver's license
under section 171.165, and (2) a person whose driver's license
has been suspended under section 171.186 and who is not exempt
from such a fee, must pay a fee of $20.

(b) Before the license is reinstated, a person whose
license has been suspended under sections 169.791 to 169.798
must pay a $20 reinstatement fee.

(c) When fees are collected by a licensing agent appointed
under section 171.061, a handling charge is imposed in the
amount specified under section 171.061, subdivision 4. The
reinstatement fee and surcharge must be deposited in an approved
state depository as directed under section 171.061, subdivision
4.

(d) new text begin Reinstatement fees collected under paragraph (a) for
suspensions under sections 171.16, subdivision 3, and 171.18,
subdivision 1, clause (10), shall be deposited in the special
revenue fund and are appropriated to the Peace Officer Standards
and Training Board for peace officer training reimbursement to
local units of government.
new text end

new text begin (e) new text end A suspension may be rescinded without fee for good
cause.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 12.

Minnesota Statutes 2004, section 171.26, is
amended to read:

171.26 MONEY CREDITED TO FUNDS.

All money received under this chapter must be paid into the
state treasury and credited to the trunk highway fund, except as
provided in sections 171.06, subdivision 2a; 171.07, subdivision
11, paragraph (g); 171.12, subdivision 8; new text begin 171.20, subdivision 4,
paragraph (d); new text end and 171.29, subdivision 2, paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 13.

Minnesota Statutes 2004, section 171.30,
subdivision 2a, is amended to read:

Subd. 2a.

Other waiting periods.

Notwithstanding
subdivision 2, a limited license shall not be issued for a
period of:

(1) 15 days, to a person whose license or privilege has
been revoked or suspended for a violation of section 169A.20,
sections 169A.50 to 169A.53, or a statute or ordinance from
another state in conformity with either of those sections;

(2) 90 days, to a person who submitted to testing under
sections 169A.50 to 169A.53 if the person's license or privilege
has been revoked or suspended for a second new text begin violation within ten
years or a third new text end or subsequent violation of section 169A.20,
sections 169A.50 to 169A.53, or a statute or ordinance from
another state in conformity with either of those sections;

(3) 180 days, to a person who refused testing under
sections 169A.50 to 169A.53 if the person's license or privilege
has been revoked or suspended for a second new text begin violation within ten
years or a third new text end or subsequent violation of sections 169A.20,
169A.50 to 169A.53, or a statute or ordinance from another state
in conformity with either of those sections; or

(4) one year, to a person whose license or privilege has
been revoked or suspended for committing manslaughter resulting
from the operation of a motor vehicle, committing criminal
vehicular homicide or injury under section 609.21, or violating
a statute or ordinance from another state in conformity with
either of those offenses.

Sec. 14. new text begin REPEALER.
new text end

new text begin Laws 2004, chapter 283, section 14, is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

ARTICLE 19

OPTION B FROM HOUSE RESOLUTION 8

Section 1. new text begin PUBLIC SAFETY APPROPRIATIONS.
new text end

These amounts are in addition to the appropriations in
Article 1 and are only effective if the house of representatives
passes H.F. 1664. The sums shown in the columns marked
"APPROPRIATIONS" are appropriated from the general fund, or
another named fund, to the agencies and for the purposes
specified in this act, to be available for the fiscal years
indicated for each purpose. The figures "2006" and "2007,"
where used in this act, mean that the appropriation or
appropriations listed under them are available for the year
ending June 30, 2006, or June 30, 2007, respectively. The term
"first year" means the fiscal year ending June 30, 2006, and the
term "second year" means the fiscal year ending June 30, 2007.

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. CORRECTIONS $ 2,000,000 $ 2,000,000

[METHAMPHETAMINE TREATMENT GRANTS.]
$750,000 each year is for
methamphetamine treatment grants to
counties.

[METHAMPHETAMINE LAW ENFORCEMENT AND
SUPERVISION GRANTS.] $750,000 each year
is for methamphetamine enforcement and
supervision aid grants to counties.

[SHORT-TERM OFFENDERS.] $500,000 each
year is appropriated to the
commissioner of corrections for costs
associated with the housing and care of
short-term offenders. The commissioner
may use up to 20 percent of the total
amount of the appropriation for
inpatient medical care for short-term
offenders with less than six months to
serve as affected by Minnesota
Statutes, section 609.105, as amended
by Laws 2003, First Special Session
chapter 2, article 5, sections 7 to 9.
The commissioner shall establish and
implement policy governing the
admission, housing, medical care, and
release of this population. All funds
remaining at the end of the fiscal year
not expended for inpatient medical care
shall be added to and distributed with
the housing funds. These funds shall
be distributed proportionately based on
the total number of days short-term
offenders are placed locally, not to
exceed $70 per day. Short-term
offenders may be housed in a state
correctional facility at the discretion
of the commissioner. The Department of
Corrections is exempt from the state
contracting process for the purposes of
Minnesota Statutes, section 609.105, as
amended by Laws 2003, First Special
Session chapter 2, article 5, sections
7 to 9.

Sec. 3. PUBLIC SAFETY 400,000 100,000

[HOMELESS OUTREACH GRANTS.] $300,000 in
fiscal year 2006 is for a onetime
appropriation to the commissioner of
public safety to issue grants to
organizations that provide homeless
outreach and a bridge to stable housing
and services to homeless Minnesotans.

[YOUTH INTERVENTION GRANTS.] $100,000
each year is for youth intervention
programs currently under Minnesota
Statutes, section 116L.30 but to be
transferred to section 299A.73. This
money must be used to help existing
programs serve unmet needs in their
communities, and to create new programs
in underserved areas of the state.