Minnesota Legislature
HF 1
2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to public safety; appropriating money for the 1.3 courts, Public Safety, and Corrections Departments, 1.4 the Peace Officer Standards and Training Board, the 1.5 Private Detective Board, Human Rights Department, and 1.6 the Sentencing Guidelines Commission; making a 1.7 standing appropriation for bond service for the 911 1.8 system; appropriating money for methamphetamine 1.9 grants, homeless outreach grants, and youth 1.10 intervention grants; requiring life without release 1.11 sentences for certain egregious first degree criminal 1.12 sexual conduct offenses; requiring indeterminate life 1.13 sentences for certain sex offenses; increasing 1.14 statutory maximum sentences for sex offenses; 1.15 establishing the Minnesota Sex Offender Review Board 1.16 and providing its responsibilities, including release 1.17 decisions, access to data, expedited rulemaking, and 1.18 the applicability to it of contested case proceedings 1.19 and the Open Meeting Law; directing the Sentencing 1.20 Guidelines Commission to modify the sentencing 1.21 guidelines; providing criminal penalties; modifying 1.22 predatory offender registration and community 1.23 notification requirements; expanding Department of 1.24 Human Services access to the predatory offender 1.25 registry; modifying the human services criminal 1.26 background check law; establishing an ongoing Sex 1.27 Offender Policy Board to develop uniform supervision 1.28 and professional standards; requesting the Supreme 1.29 Court to study use of the court system as an 1.30 alternative to the administrative process for 1.31 discharge of persons committed as sexually dangerous 1.32 persons or sexual psychopathic personalities; making 1.33 miscellaneous technical and conforming amendments to 1.34 the sex offender law; requiring level III sex 1.35 offenders to submit to polygraphs as a condition of 1.36 release; providing that computers are subject to 1.37 forfeiture if used to commit designated offenses; 1.38 amending fire marshal safety law; defining explosives 1.39 for purposes of rules regulating storage and use of 1.40 explosives; transferring the youth intervention 1.41 program to the Department of Public Safety; amending 1.42 the Emergency Communications Law by assessing fees and 1.43 authorizing issuance of bonds for the third phase of 1.44 the statewide public safety radio communication 1.45 system; requiring a statewide human trafficking 1.46 assessment and study; establishing a gang and drug 2.1 oversight council and a financial crimes oversight 2.2 council; requiring correctional facilities to provide 2.3 the Bureau of Criminal Apprehension with certain 2.4 fingerprint information; requiring law enforcement 2.5 agencies to take biological specimens for DNA analysis 2.6 for persons arrested for designated crimes in 2005 and 2.7 further crimes in 2010; establishing correctional 2.8 officers discipline procedures; increasing surcharges 2.9 on criminal and traffic offenders; limiting public 2.10 defender representation; authorizing public defender 2.11 access to certain criminal justice data; requiring the 2.12 revisor of statutes to publish a table containing 2.13 cross-references to Minnesota Laws imposing collateral 2.14 sanctions; requiring background checks for certain 2.15 child care and placement situations; requiring the 2.16 finder of fact to find a severe aggravating factor 2.17 before imposing a sentence in excess of that provided 2.18 by the Sentencing Guidelines; providing procedures 2.19 where state intends to seek an aggravated durational 2.20 departure; defining new crimes, amending crimes and 2.21 imposing criminal penalties; prohibiting persons from 2.22 operating motor vehicles containing traffic 2.23 signal-override devices; requiring restraint of 2.24 children under the age of seven; amending Minnesota 2.25 Statutes 2004, sections 2.722, subdivision 1; 13.461, 2.26 by adding subdivisions; 13.6905, subdivision 17; 2.27 13.82, by adding a subdivision; 13.851, subdivision 5, 2.28 by adding a subdivision; 13.87, subdivision 3; 13.871, 2.29 subdivision 5; 13D.05, subdivision 2; 84.362; 116L.30; 2.30 144.335, by adding a subdivision; 144A.135; 152.02, 2.31 subdivisions 4, 5; 169.06, by adding a subdivision; 2.32 169.685, subdivision 5; 169.71, subdivision 1; 2.33 169A.275, subdivision 1; 169A.52, subdivision 4; 2.34 169A.60, subdivisions 10, 11; 169A.63, subdivision 8; 2.35 169A.70, subdivision 3, by adding subdivisions; 2.36 171.20, subdivision 4; 171.26; 214.04, subdivision 1; 2.37 237.70, subdivision 7; 241.67, subdivision 3; 242.195, 2.38 subdivision 1; 243.1606, subdivision 1; 243.166; 2.39 243.167; 243.24, subdivision 2; 244.05, subdivisions 2.40 4, 5, 6, 7; 244.052, subdivisions 3, 4, by adding 2.41 subdivisions; 244.09, subdivision 5; 244.10, 2.42 subdivision 2, by adding subdivisions; 244.18, 2.43 subdivision 2; 245C.03, subdivision 1; 245C.13, 2.44 subdivision 2; 245C.15, subdivisions 1, 2, 3, 4; 2.45 245C.17, subdivisions 1, 2, 3; 245C.21, subdivisions 2.46 3, 4; 245C.22, by adding a subdivision; 245C.23, 2.47 subdivision 1; 245C.24, subdivisions 2, 3, 4, by 2.48 adding a subdivision; 245C.30, subdivisions 1, 2; 2.49 246.13; 253B.18, subdivisions 4a, 5, by adding a 2.50 subdivision; 259.11; 259.24, subdivisions 1, 2a, 5, 2.51 6a; 260C.201, subdivision 11; 260C.212, subdivision 4; 2.52 282.04, subdivision 2; 299A.38, subdivisions 2, 2a, 3; 2.53 299A.465, by adding subdivisions; 299C.03; 299C.08; 2.54 299C.093; 299C.095, subdivision 1; 299C.10, 2.55 subdivision 1, by adding a subdivision; 299C.11; 2.56 299C.14; 299C.145, subdivision 3; 299C.155; 299C.21; 2.57 299C.65, subdivisions 1, 2, 5, by adding a 2.58 subdivision; 299F.011, subdivision 7; 299F.014; 2.59 299F.05; 299F.051, subdivision 4; 299F.06, subdivision 2.60 1; 299F.19, subdivisions 1, 2; 299F.362, subdivisions 2.61 3, 4; 299F.391, subdivision 1; 299F.46, subdivisions 2.62 1, 3; 325F.04; 326.3382, by adding a subdivision; 2.63 326.3384, subdivision 1; 343.31; 357.021, subdivisions 2.64 6, 7; 357.18, subdivision 3; 403.02, subdivisions 7, 2.65 13, 17, by adding a subdivision; 403.025, subdivisions 2.66 3, 7; 403.05, subdivisions 1, 3; 403.07, subdivision 2.67 3; 403.08, subdivision 10; 403.11, subdivisions 1, 3, 2.68 3a; 403.113, subdivision 1; 403.27, subdivisions 3, 4, 2.69 by adding subdivisions; 403.30, subdivisions 1, 3, by 2.70 adding subdivisions; 508.82, subdivision 1; 508A.82, 2.71 subdivision 1; 518B.01, by adding a subdivision; 3.1 590.01, subdivision 1, by adding a subdivision; 3.2 609.02, subdivision 16; 609.108, subdivisions 1, 3, 4, 3.3 6, 7; 609.109, subdivisions 3, 4, 5, 6, 7; 609.1095, 3.4 subdivisions 2, 4; 609.117; 609.1351; 609.185; 3.5 609.2231, subdivision 3; 609.2242, subdivision 3; 3.6 609.229, subdivision 3, by adding a subdivision; 3.7 609.233, subdivision 1, by adding a subdivision; 3.8 609.321, subdivision 12; 609.341, subdivision 14, by 3.9 adding subdivisions; 609.342, subdivisions 2, 3; 3.10 609.343, subdivisions 2, 3; 609.344, subdivisions 2, 3.11 3; 609.345, subdivisions 2, 3; 609.347; 609.3471; 3.12 609.348; 609.353; 609.378, subdivision 1; 609.485, 3.13 subdivisions 2, 4; 609.487, by adding a subdivision; 3.14 609.50, subdivision 1; 609.505; 609.52, subdivision 2; 3.15 609.527, subdivisions 1, 3, 4, 6, by adding a 3.16 subdivision; 609.531, subdivision 1; 609.5311, 3.17 subdivisions 2, 3; 609.5312, subdivisions 1, 3, 4, by 3.18 adding a subdivision; 609.5314, subdivision 1; 3.19 609.5317, subdivision 1; 609.5318, subdivision 1; 3.20 609.605, subdivisions 1, 4; 609.748, subdivisions 2, 3.21 3a, by adding a subdivision; 609.749, subdivision 2; 3.22 609.763, subdivision 3; 609.79, subdivision 2; 3.23 609.795, by adding a subdivision; 609A.02, subdivision 3.24 3; 609A.03, subdivision 7; 611.14; 611.16; 611.25, 3.25 subdivision 1; 611.272; 611A.01; 611A.036; 611A.19; 3.26 611A.53, subdivision 1b; 617.23, subdivisions 2, 3; 3.27 624.22, subdivision 1; 626.04; 626.556, subdivision 3; 3.28 626.557, subdivisions 12b, 14; 631.045; 631.425, 3.29 subdivision 4; 641.21; Laws 2004, chapter 201, section 3.30 22; proposing coding for new law in Minnesota 3.31 Statutes, chapters 171; 241; 243; 244; 260C; 299A; 3.32 299C; 590; 609; 611; 629; proposing coding for new law 3.33 as Minnesota Statutes, chapter 545A; repealing 3.34 Minnesota Statutes 2004, sections 69.011, subdivision 3.35 5; 243.162; 243.166, subdivisions 1, 8; 244.10, 3.36 subdivisions 2a, 3; 246.017, subdivision 1; 299A.64; 3.37 299A.65; 299A.66; 299A.68; 299C.65, subdivisions 3, 4, 3.38 6, 7, 8, 8a, 9; 299F.011, subdivision 4c; 299F.015; 3.39 299F.10; 299F.11; 299F.12; 299F.13; 299F.14; 299F.15; 3.40 299F.16; 299F.17; 299F.361; 299F.451; 299F.452; 3.41 403.025, subdivision 4; 403.30, subdivision 2; 3.42 609.108, subdivisions 2, 4, 5; 609.109, subdivisions 3.43 2, 4, 6; 609.119; 611.18; 624.04; Laws 2004, chapter 3.44 283, section 14. 3.45 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 3.46 ARTICLE 1 3.47 APPROPRIATIONS 3.48 Section 1. [PUBLIC SAFETY APPROPRIATIONS.] 3.49 The sums shown in the columns marked "APPROPRIATIONS" are 3.50 appropriated from the general fund, or another named fund, to 3.51 the agencies and for the purposes specified in this act, to be 3.52 available for the fiscal years indicated for each purpose. The 3.53 figures "2006" and "2007," where used in this act, mean that the 3.54 appropriation or appropriations listed under them are available 3.55 for the year ending June 30, 2006, or June 30, 2007, 3.56 respectively. The term "first year" means the fiscal year 3.57 ending June 30, 2006, and the term "second year" means the 4.1 fiscal year ending June 30, 2007. 4.2 APPROPRIATIONS 4.3 Available for the Year 4.4 Ending June 30 4.5 2006 2007 4.6 Sec. 2. SUPREME COURT 4.7 Subdivision 1. Total 4.8 Appropriations $ 42,547,000 $ 42,593,000 4.9 Subd. 2. Supreme Court Operations 29,898,000 29,898,000 4.10 [JUDICIAL SALARIES.] Effective July 1, 4.11 2005, and July 1, 2006, the salaries of 4.12 judges of the Supreme Court, Court of 4.13 Appeals, and district court are 4.14 increased by the average of the 4.15 percentage increase in total 4.16 compensation for state employees 4.17 provided in negotiated collective 4.18 bargaining agreements or arbitration 4.19 awards for fiscal years 2006 and 2007 4.20 approved by the Legislative 4.21 Coordinating Commission before the 2006 4.22 regular legislative session. The 4.23 commissioner of employee relations 4.24 shall calculate the new salaries, which 4.25 shall be based on all compensation 4.26 increases, except insurance, and shall 4.27 report them to the chief justice of the 4.28 Supreme Court. 4.29 [CONTINGENT ACCOUNT.] $5,000 each year 4.30 is for a contingent account for 4.31 expenses necessary for the normal 4.32 operation of the court for which no 4.33 other reimbursement is provided. 4.34 Subd. 3. Civil Legal Services 12,649,000 12,695,000 4.35 [LEGAL SERVICES TO LOW-INCOME CLIENTS 4.36 IN FAMILY LAW MATTERS.] Of this 4.37 appropriation, $877,000 each year is to 4.38 improve the access of low-income 4.39 clients to legal representation in 4.40 family law matters. This appropriation 4.41 must be distributed under Minnesota 4.42 Statutes, section 480.242, to the 4.43 qualified legal services programs 4.44 described in Minnesota Statutes, 4.45 section 480.242, subdivision 2, 4.46 paragraph (a). Any unencumbered 4.47 balance remaining in the first year 4.48 does not cancel and is available in the 4.49 second year. 4.50 Sec. 3. COURT OF APPEALS 8,189,000 8,189,000 4.51 Sec. 4. TRIAL COURTS 231,362,000 232,951,000 4.52 Sec. 5. TAX COURT 726,000 726,000 4.53 Sec. 6. UNIFORM LAWS COMMISSION 51,000 45,000 4.54 [MEMBERSHIP DUES OWED.] $12,000 the 4.55 first year and $6,000 the second year 4.56 are for membership dues owed by the 4.57 uniform laws commission. This is a 4.58 onetime appropriation. 5.1 Sec. 7. BOARD ON JUDICIAL 5.2 STANDARDS 277,000 277,000 5.3 Of this amount, $50,000 is a onetime 5.4 appropriation. 5.5 Sec. 8. BOARD OF PUBLIC DEFENSE 59,857,000 63,112,000 5.6 Sec. 9. PUBLIC SAFETY 5.7 Subdivision 1. Total 5.8 Appropriation 124,020,000 114,506,000 5.9 Summary by Fund 5.10 General 79,328,000 79,444,000 5.11 Special Revenue 590,000 589,000 5.12 State Government 5.13 Special Revenue 43,662,000 34,062,000 5.14 Environmental 49,000 49,000 5.15 Trunk Highway 391,000 362,000 5.16 [APPROPRIATIONS FOR PROGRAMS.] The 5.17 amounts that may be spent from this 5.18 appropriation for each program are 5.19 specified in the following subdivisions. 5.20 Subd. 2. Emergency Management 2,594,000 2,594,000 5.21 Summary by Fund 5.22 General 2,545,000 2,545,000 5.23 Environmental 49,000 49,000 5.24 [NONPROFIT AND FAITH-BASED 5.25 ORGANIZATIONS; ANTITERRORISM GRANTS.] 5.26 Unless otherwise prohibited by statute, 5.27 regulation, or other requirement, 5.28 nonprofit and faith-based organizations 5.29 may apply for and receive any funds or 5.30 grants, whether federal or state, made 5.31 available for antiterrorism efforts 5.32 that are not distributed or encumbered 5.33 for distribution to public safety 5.34 entities within a year of receipt by 5.35 the Department of Public Safety. These 5.36 organizations must be considered under 5.37 the same criteria applicable to any 5.38 other eligible entity and must be given 5.39 equal consideration. 5.40 Subd. 3. Criminal 5.41 Apprehension 40,713,000 40,717,000 5.42 Summary by Fund 5.43 General 39,905,000 39,910,000 5.44 Special Revenue 440,000 439,000 5.45 State Government 5.46 Special Revenue 7,000 7,000 5.47 Trunk Highway 361,000 361,000 5.48 [COOPERATIVE INVESTIGATION OF 6.1 CROSS-JURISDICTIONAL CRIMINAL 6.2 ACTIVITY.] $94,000 the first year and 6.3 $93,000 the second year are 6.4 appropriated from the Bureau of 6.5 Criminal Apprehension account in the 6.6 special revenue fund for grants to 6.7 local officials for the cooperative 6.8 investigation of cross-jurisdictional 6.9 criminal activity. Any unencumbered 6.10 balance remaining in the first year 6.11 does not cancel but is available for 6.12 the second year. 6.13 [LABORATORY ACTIVITIES.] $346,000 the 6.14 first year and $346,000 the second year 6.15 are appropriated from the Bureau of 6.16 Criminal Apprehension account in the 6.17 special revenue fund for laboratory 6.18 activities. 6.19 [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 6.20 Notwithstanding Minnesota Statutes, 6.21 section 161.20, subdivision 3, $361,000 6.22 the first year and $361,000 the second 6.23 year are appropriated from the trunk 6.24 highway fund for laboratory analysis 6.25 related to driving-while-impaired cases. 6.26 [DWI POLICY REFORMS.] $60,000 the first 6.27 year and $58,000 the second year are 6.28 for costs associated with DWI policy 6.29 reforms. 6.30 [AUTOMATED FINGERPRINT IDENTIFICATION 6.31 SYSTEM.] $1,533,000 the first year and 6.32 $2,318,000 the second year are to 6.33 replace the automated fingerprint 6.34 identification system (AFIS). 6.35 [PREDATORY OFFENDER REGISTRATION 6.36 SYSTEM.] $1,146,000 the first year and 6.37 $564,000 the second year are to upgrade 6.38 the predatory offender registration 6.39 (POR) system and to increase the 6.40 monitoring and tracking of registered 6.41 offenders who become noncompliant with 6.42 the law. 6.43 [CRIMINAL JUSTICE INFORMATION SYSTEMS 6.44 (CJIS) AUDIT TRAIL.] $374,000 the first 6.45 year and $203,000 the second year are 6.46 for the Criminal Justice Information 6.47 Systems (CJIS) audit trail. 6.48 [DNA ANALYSIS OF FELON OFFENDERS.] 6.49 $857,000 the first year and $869,000 6.50 the second year are to fund the 6.51 analyses of biological samples from 6.52 felon offenders. 6.53 [LIVESCAN.] $66,000 the first year and 6.54 $69,000 the second year are to fund the 6.55 ongoing costs of Livescan. 6.56 [METHAMPHETAMINE.] $1,000,000 the first 6.57 year and $1,000,000 the second year are 6.58 to fund ten new special agent positions 6.59 for methamphetamine drug enforcement 6.60 activities. 6.61 $40,000 the first year is a onetime 7.1 appropriation for a methamphetamine 7.2 awareness program. 7.3 Subd. 4. Fire Marshal 2,445,000 2,432,000 7.4 Subd. 5. Alcohol and 7.5 Gambling Enforcement 1,772,000 1,772,000 7.6 Summary by Fund 7.7 General 1,622,000 1,622,000 7.8 Special Revenue 150,000 150,000 7.9 Subd. 6. Office of 7.10 Justice Programs 32,202,000 32,197,000 7.11 [GANG AND NARCOTICS STRIKE FORCES.] 7.12 $2,374,000 the first year and 7.13 $2,374,000 the second year are for 7.14 grants to the combined operations of 7.15 the Criminal Gang Strike Force and 7.16 Narcotics Task Forces. 7.17 [CRIME VICTIM ASSISTANCE GRANTS 7.18 INCREASE.] $532,000 each year is to 7.19 increase the amount of funding for 7.20 crime victim assistance grants. This 7.21 funding is to ensure that no one 7.22 judicial district receives greater than 7.23 a 12 percent overall reduction in state 7.24 general funding to serve crime victims 7.25 in fiscal years 2006 and 2007 versus 7.26 the 2004 allocation. 7.27 [FINANCIAL CRIMES TASK FORCE.] $300,000 7.28 each year is for the Financial Crimes 7.29 Task Force. 7.30 [HUMAN TRAFFICKING; ASSESSMENT, POLICY 7.31 DEVELOPMENT, AND IMPLEMENTATION.] 7.32 $50,000 the first year and $50,000 the 7.33 second year are to conduct a study and 7.34 assessment of human trafficking and to 7.35 implement initiatives to reduce 7.36 trafficking and assist victims. 7.37 [YOUTH INTERVENTION PROGRAMS.] 7.38 $1,952,000 the first year and 7.39 $1,952,000 the second year is for youth 7.40 intervention programs currently under 7.41 Minnesota Statutes, section 116L.30, 7.42 but to be transferred to Minnesota 7.43 Statutes, section 299A.73. This money 7.44 must be used to help existing programs 7.45 serve unmet needs in their communities 7.46 and to create new programs in 7.47 underserved areas of the state. Of 7.48 this appropriation, $15,000 is 7.49 appropriated to the commissioner of 7.50 public safety for a onetime grant to 7.51 Blue Earth County Riverbend Center for 7.52 Entrepreneurial Facilitation. The base 7.53 for this program in fiscal year 2008 7.54 and after is $1,452,000. 7.55 [ADMINISTRATION COSTS.] Up to 2.5 7.56 percent of the grant funds appropriated 7.57 in this subdivision may be used to 7.58 administer the grant program. 8.1 Subd. 7. 911 Emergency 8.2 Services/ARMER 43,655,000 34,055,000 8.3 This appropriation is from the state 8.4 government special revenue fund for 911 8.5 emergency telecommunications services. 8.6 Of the receipts from the emergency 8.7 telecommunications service fee under 8.8 Minnesota Statutes, section 403.11, 8.9 above 50 cents per month in fiscal year 8.10 2006, up to $6,505,000 of the 8.11 appropriation in the first year is for 8.12 prior year obligations to telephone 8.13 utility companies. The remainder of 8.14 the receipts from the emergency 8.15 telecommunications service fee under 8.16 Minnesota Statutes, section 403.11, 8.17 above 50 cents per month in the first 8.18 year are for costs associated with the 8.19 Shared Public Safety Radio System and 8.20 are available until June 30, 2007. 8.21 Subd. 8. Administration 609,000 738,000 8.22 [PUBLIC SAFETY OFFICERS' HEALTH 8.23 INSURANCE.] $609,000 the first year and 8.24 $738,000 the second year are for public 8.25 safety officers' health insurance. The 8.26 base for fiscal year 2008 is $885,000 8.27 and for fiscal year 2009 is $1,053,000. 8.28 Subd. 9. Driver and Vehicle 8.29 Services 31,000 1,000 8.30 [GASOLINE THEFT.] This appropriation is 8.31 from the trunk highway fund for costs 8.32 associated with suspending licenses of 8.33 persons who misappropriate gasoline. 8.34 Sec. 10. PEACE OFFICER 8.35 STANDARDS AND TRAINING BOARD (POST) 4,154,000 4,051,000 8.36 This appropriation is from the peace 8.37 officer training account in the special 8.38 revenue fund. Any new receipts 8.39 credited to that account in the first 8.40 year in excess of $4,154,000 must be 8.41 transferred and credited to the general 8.42 fund. Any new receipts credited to 8.43 that account in the second year in 8.44 excess of $4,051,000 must be 8.45 transferred and credited to the general 8.46 fund. 8.47 [PEACE OFFICER TRAINING REIMBURSEMENT.] 8.48 $2,909,000 the first year and 8.49 $2,909,000 the second year are for 8.50 reimbursements to local governments for 8.51 peace officer training costs. 8.52 Sec. 11. PRIVATE DETECTIVE BOARD 178,000 177,000 8.53 Sec. 12. HUMAN RIGHTS 3,490,000 3,490,000 8.54 Sec. 13. DEPARTMENT OF CORRECTIONS 8.55 Subdivision 1. Total 8.56 Appropriation 404,724,000 420,290,000 8.57 Summary by Fund 9.1 General Fund 403,834,000 419,400,000 9.2 Special Revenue 890,000 890,000 9.3 [APPROPRIATIONS FOR PROGRAMS.] The 9.4 amounts that may be spent from this 9.5 appropriation for each program are 9.6 specified in the following subdivisions. 9.7 Subd. 2. Correctional 9.8 Institutions 288,043,000 303,358,000 9.9 Summary by Fund 9.10 General Fund 287,463,000 302,778,000 9.11 Special Revenue 580,000 580,000 9.12 [CONTRACTS FOR BEDS AT RUSH CITY.] If 9.13 the commissioner contracts with other 9.14 states, local units of government, or 9.15 the federal government to rent beds in 9.16 the Rush City Correctional Facility, 9.17 the commissioner shall charge a per 9.18 diem under the contract, to the extent 9.19 possible, that is equal to or greater 9.20 than the per diem cost of housing 9.21 Minnesota inmates in the facility. 9.22 Subd. 3. Community Services 101,123,000 101,374,000 9.23 Summary by Fund 9.24 General Fund 101,023,000 101,274,000 9.25 Special Revenue 100,000 100,100 9.26 [SEX OFFENDER TRACKING.] $500,000 the 9.27 first year is for the acquisition of 9.28 bracelets equipped with tracking 9.29 devices designed to track and monitor 9.30 the movement and location of criminal 9.31 offenders. The commissioner shall use 9.32 the bracelets to monitor high-risk sex 9.33 offenders who are on supervised release 9.34 or probation to help ensure that the 9.35 offenders do not violate conditions of 9.36 their release or probation. 9.37 [METHAMPHETAMINE TREATMENT GRANTS.] 9.38 $1,250,000 the first year and 9.39 $1,500,000 the second year are for 9.40 methamphetamine treatment grants to 9.41 counties. 9.42 [METHAMPHETAMINE LAW ENFORCEMENT AND 9.43 SUPERVISION GRANTS.] $1,250,000 the 9.44 first year and $1,500,000 the second 9.45 year are for methamphetamine 9.46 enforcement and supervision aid grants 9.47 to counties. 9.48 Subd. 4. Operations Support 15,558,000 15,558,000 9.49 General Fund 15,348,000 15,348,000 9.50 Special Revenue 210,000 210,000 9.51 Subd. 5. Housing and Medical Care 9.52 [SHORT-TERM OFFENDERS.] $1,207,000 each 10.1 year is appropriated to the 10.2 commissioner of corrections for costs 10.3 associated with the housing and care of 10.4 short-term offenders. The commissioner 10.5 may use up to 20 percent of the total 10.6 amount of the appropriation for 10.7 inpatient medical care for short-term 10.8 offenders with less than six months to 10.9 serve as affected by Minnesota 10.10 Statutes, section 609.105, as amended 10.11 by Laws 2003, First Special Session 10.12 chapter 2, article 5, sections 7 to 9. 10.13 The commissioner shall establish and 10.14 implement policy governing the 10.15 admission, housing, medical care, and 10.16 release of this population. All funds 10.17 remaining at the end of the fiscal year 10.18 not expended for inpatient medical care 10.19 shall be added to and distributed with 10.20 the housing funds. These funds shall 10.21 be distributed proportionately based on 10.22 the total number of days short-term 10.23 offenders are placed locally, not to 10.24 exceed $70 per day. Short-term 10.25 offenders may be housed in a state 10.26 correctional facility at the discretion 10.27 of the commissioner. The Department of 10.28 Corrections is exempt from the state 10.29 contracting process for the purposes of 10.30 Minnesota Statutes, section 609.105, as 10.31 amended by Laws 2003, First Special 10.32 Session chapter 2, article 5, sections 10.33 7 to 9. 10.34 Sec. 14. SENTENCING GUIDELINES 478,000 478,000 10.35 ARTICLE 2 10.36 SEX OFFENDER CRIMINAL PROVISIONS 10.37 Section 1. Minnesota Statutes 2004, section 13.851, 10.38 subdivision 5, is amended to read: 10.39 Subd. 5. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION; 10.40 COMMISSIONER OF CORRECTIONS.] Data provided to the county 10.41 attorney under section 244.05, subdivision 7, and to the 10.42 Minnesota Sex Offender Review Board under section 244.05, 10.43 subdivision 5, are governed by that section. 10.44 [EFFECTIVE DATE.] This section is effective July 1, 2005. 10.45 Sec. 2. Minnesota Statutes 2004, section 244.05, 10.46 subdivision 4, is amended to read: 10.47 Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] (a) An 10.48 inmate serving a mandatory life sentence under section 609.106, 10.49 609.342, subdivision 2, paragraph (c), or 609.343, subdivision 10.50 2, paragraph (c), must not be given supervised release under 10.51 this section. 10.52 (b) An inmate serving a mandatory life sentence under 11.1 section 609.185, clause (1), (3), (5), or (6); or 609.109, 11.2 subdivision2a3, must not be given supervised release under 11.3 this section without having served a minimum term of 30 years. 11.4 (c) An inmate serving a mandatory life sentence under 11.5 section 609.385 must not be given supervised release under this 11.6 section without having served a minimum term of imprisonment of 11.7 17 years. 11.8 (d) An inmate serving a mandatory life sentence under 11.9 section 609.342, subdivision 2, paragraph (b); 609.343, 11.10 subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 11.11 (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 11.12 subdivision 2, paragraph (b), must not be given supervised 11.13 release under this section without having served a minimum term 11.14 of imprisonment of 20 years. If the sentencing court imposed a 11.15 sentence with a term of imprisonment of more than 20 years, the 11.16 inmate may not be given supervised release without having served 11.17 that term. 11.18 [EFFECTIVE DATE.] This section is effective August 1, 2005, 11.19 and applies to crimes committed on or after that date. 11.20 Sec. 3. Minnesota Statutes 2004, section 244.05, 11.21 subdivision 5, is amended to read: 11.22 Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 11.23 commissioner of corrections may, under rules promulgated by the 11.24 commissioner, give supervised release to an inmate serving a 11.25 mandatory life sentence under section 609.185, clause (1), (3), 11.26 (5), or (6); 609.109, subdivision 2a; or 609.385 after the 11.27 inmate has served the minimum term of imprisonment specified in 11.28 subdivision 4. 11.29 (b) The commissioner shall give supervised release to an 11.30 inmate serving a mandatory life sentence under section 609.109, 11.31 subdivision 3; 609.342, subdivision 2, paragraph (b); 609.343, 11.32 subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 11.33 (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 11.34 subdivision 2, paragraph (b), when directed to do so by the Sex 11.35 Offender Review Board under section 244.0515. 11.36 (c) The commissioner shall require the preparation of a 12.1 community investigation report and shall consider the findings 12.2 of the report when making a supervised release decision under 12.3 this subdivision. The report shall reflect the sentiment of the 12.4 various elements of the community toward the inmate, both at the 12.5 time of the offense and at the present time. The report shall 12.6 include the views of the sentencing judge, the prosecutor, any 12.7 law enforcement personnel who may have been involved in the 12.8 case, and any successors to these individuals who may have 12.9 information relevant to the supervised release decision. The 12.10 report shall also include the views of the victim and the 12.11 victim's family unless the victim or the victim's family chooses 12.12 not to participate. The commissioner shall submit the report 12.13 required by this paragraph to the Minnesota Sex Offender Review 12.14 Board to assist the board in making release decisions under 12.15 section 244.0515. The commissioner also shall give the board, 12.16 on request, any and all information the commissioner gathered 12.17 for use in compiling the report. 12.18(c)(d) The commissioner shall make reasonable efforts to 12.19 notify the victim, in advance, of the time and place of the 12.20 inmate's supervised release review hearing. The victim has a 12.21 right to submit an oral or written statement at the review 12.22 hearing. The statement may summarize the harm suffered by the 12.23 victim as a result of the crime and give the victim's 12.24 recommendation on whether the inmate should be given supervised 12.25 release at this time. The commissioner must consider the 12.26 victim's statement when making the supervised release decision. 12.27(d)(e) As used in this subdivision, "victim" means the 12.28 individual who suffered harm as a result of the inmate's crime 12.29 or, if the individual is deceased, the deceased's surviving 12.30 spouse or next of kin. 12.31 [EFFECTIVE DATE.] This section is effective August 1, 2005, 12.32 and applies to crimes committed on or after that date. 12.33 Sec. 4. Minnesota Statutes 2004, section 609.108, 12.34 subdivision 3, is amended to read: 12.35 Subd. 3. [PREDATORY CRIME.]A predatory crime is a felony12.36violation of section 609.185, 609.19, 609.195, 609.20, 609.205,13.1609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,13.2609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,13.3or 609.582, subdivision 1.As used in this section, "predatory 13.4 crime" has the meaning given in section 609.341, subdivision 24. 13.5 [EFFECTIVE DATE.] This section is effective August 1, 2005, 13.6 and applies to crimes committed on or after that date. 13.7 Sec. 5. Minnesota Statutes 2004, section 609.108, 13.8 subdivision 4, is amended to read: 13.9 Subd. 4. [DANGER TO PUBLIC SAFETY.] Thecourtfact finder 13.10 shall base its finding that the offender is a danger to public 13.11 safety on any of the following factors: 13.12 (1) the crime involved an aggravating factor that would 13.13 justify a durational departure from the presumptive sentence 13.14 under the Sentencing Guidelines; 13.15 (2) the offender previously committed or attempted to 13.16 commit a predatory crime or a violation of section 609.224 or 13.17 609.2242, including: 13.18 (i) an offense committed as a juvenile that would have been 13.19 a predatory crime or a violation of section 609.224 or 609.2242 13.20 if committed by an adult; or 13.21 (ii) a violation or attempted violation of a similar law of 13.22 any other state or the United States; or 13.23 (3) the offender planned or prepared for the crime prior to 13.24 its commission. 13.25 [EFFECTIVE DATE.] This section is effective August 1, 2005, 13.26 and applies to crimes committed on or after that date. 13.27 Sec. 6. Minnesota Statutes 2004, section 609.109, 13.28 subdivision 3, is amended to read: 13.29 Subd. 3. [MANDATORY LIFE SENTENCE.] (a) The court shall 13.30 sentence a person to imprisonment for life, notwithstanding the 13.31 statutory maximum sentence under section 609.342, if: 13.32 (1) the person has been indicted by a grand jury under this 13.33 subdivision; 13.34 (2) the person is convicted under section 609.342; and 13.35 (3) the court determines on the record at the time of 13.36 sentencing that any of the following circumstances exists: 14.1 (i) the person has previously been sentenced under section 14.2 609.1095; 14.3 (ii) the person has one previous sex offense conviction for 14.4 a violation of section 609.342, 609.343, or 609.344 that 14.5 occurred before August 1, 1989, for which the person was 14.6 sentenced to prison in an upward durational departure from the 14.7 Sentencing Guidelines that resulted in a sentence at least twice 14.8 as long as the presumptive sentence; or 14.9 (iii) the person has two previous sex offense convictions 14.10 under section 609.342, 609.343, or 609.344. 14.11 (b) Notwithstandingsubdivision 2 andsection 609.342, 14.12 subdivision 3, the court may not stay imposition of the sentence 14.13 required by this subdivision. 14.14 (c) A person sentenced under this subdivision may only be 14.15 granted supervised release as provided for in section 244.05, 14.16 subdivision 5, paragraph (b). 14.17 [EFFECTIVE DATE.] This section is effective August 1, 2005, 14.18 and applies to crimes committed on or after that date. 14.19 Sec. 7. Minnesota Statutes 2004, section 609.109, 14.20 subdivision 7, is amended to read: 14.21 Subd. 7. [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 14.22 Notwithstanding the statutory maximum sentence otherwise 14.23 applicable to the offense or any provision of the Sentencing 14.24 Guidelines, when a court sentences a person to prison for a 14.25 violation of section 609.342, 609.343, 609.344,or609.345, or 14.26 609.3453, the court shall provide that after the person has 14.27 completed the sentence imposed, the commissioner of corrections 14.28 shall place the person on conditional release. 14.29 If the person was convicted for a violation of section 14.30 609.342, 609.343, 609.344,or609.345, or 609.3453, the person 14.31 shall be placed on conditional release forfiveten years, minus 14.32 the time the person served on supervised release. 14.33 If the person was convicted for a violation of one of those 14.34 sections after a previous sex offense conviction as defined in 14.35 subdivision 5,orthe person shall be placed on conditional 14.36 release for the remainder of the person's life. If the person 15.1 was sentenced under subdivision 6 to a mandatory departure, the 15.2 person shall be placed on conditional release forten15 years, 15.3 minus the time the person served on supervised release. 15.4 (b) The conditions of release may include successful 15.5 completion of treatment and aftercare in a program approved by 15.6 the commissioner, satisfaction of the release conditions 15.7 specified in section 244.05, subdivision 6, and any other 15.8 conditions the commissioner considers appropriate. If the 15.9 offender fails to meet any condition of release, the 15.10 commissioner may revoke the offender's conditional release and 15.11 order that the offender serve the remaining portion of the 15.12 conditional release term in prison. The commissioner shall not 15.13 dismiss the offender from supervision before the conditional 15.14 release term expires. 15.15 Conditional release under this subdivision is governed by 15.16 provisions relating to supervised release, except as otherwise 15.17 provided in this subdivision, section 244.04, subdivision 1, or 15.18 244.05. 15.19 (c) The commissioner shall pay the cost of treatment of a 15.20 person released under this subdivision. This section does not 15.21 require the commissioner to accept or retain an offender in a 15.22 treatment program. 15.23 [EFFECTIVE DATE.] This section is effective August 1, 2005, 15.24 and applies to crimes committed on or after that date. 15.25 Sec. 8. Minnesota Statutes 2004, section 609.341, 15.26 subdivision 14, is amended to read: 15.27 Subd. 14. [COERCION.] "Coercion" means the use by the 15.28 actor of words or circumstances that cause the complainant 15.29 reasonably to fear that the actor will inflict bodily harm upon,15.30or hold in confinement,the complainant or another, orforcethe 15.31 use by the actor of confinement, or the use of superior size or 15.32 strength, against the complainant that causes the complainant to 15.33 submit to sexual penetration or contact, butagainst the 15.34 complainant's will. Proof of coercion does not require proof of 15.35 a specific act or threat. 15.36 [EFFECTIVE DATE.] This section is effective August 1, 2005, 16.1 and applies to crimes committed on or after that date. 16.2 Sec. 9. Minnesota Statutes 2004, section 609.341, is 16.3 amended by adding a subdivision to read: 16.4 Subd. 22. [SEX OFFENSE.] Except for section 609.3452, "sex 16.5 offense" means any violation of, or attempt to violate, section 16.6 609.342 (first degree criminal sexual conduct), 609.343 (second 16.7 degree criminal sexual conduct), 609.344 (third degree criminal 16.8 sexual conduct), 609.345 (fourth degree criminal sexual 16.9 conduct), 609.3451 (fifth degree criminal sexual conduct), 16.10 609.3453 (criminal sexual predatory conduct), 609.352 16.11 (solicitation of a child to engage in sexual conduct), 617.23 16.12 (indecent exposure), 617.246 (use of minors in sexual 16.13 performance), 617.247 (possession of pornographic work involving 16.14 minors), or any similar statute of the United States or any 16.15 other state. 16.16 [EFFECTIVE DATE.] This section is effective August 1, 2005, 16.17 and applies to crimes committed on or after that date. 16.18 Sec. 10. Minnesota Statutes 2004, section 609.341, is 16.19 amended by adding a subdivision to read: 16.20 Subd. 23. [SUBSEQUENT SEX OFFENSE.] "Subsequent sex 16.21 offense" means a violation of section 609.342 (first degree 16.22 criminal sexual conduct), 609.343 (second degree criminal sexual 16.23 conduct), 609.344 (third degree criminal sexual conduct), 16.24 609.345 (fourth degree criminal sexual conduct), or 609.3453 16.25 (criminal sexual predatory conduct) for which the offender is 16.26 convicted after the offender has already been convicted or 16.27 adjudicated delinquent for the following, involving a separate 16.28 behavioral incident, regardless of when the behavioral incidents 16.29 occurred: 16.30 (1) another felony-level sex offense; 16.31 (2) two non-felony-level sex offenses; or 16.32 (3) any felony-level predatory crime that the fact finder 16.33 determines was motivated by the offender's sexual impulses or 16.34 was part of a predatory pattern of behavior that had criminal 16.35 sexual conduct as its goal. 16.36 [EFFECTIVE DATE.] This section is effective August 1, 2005, 17.1 and applies to crimes committed on or after that date. 17.2 Sec. 11. Minnesota Statutes 2004, section 609.341, is 17.3 amended by adding a subdivision to read: 17.4 Subd. 24. [PREDATORY CRIME.] "Predatory crime" means a 17.5 felony violation of section 609.185 (first degree murder), 17.6 609.19 (second degree murder), 609.195 (third degree murder), 17.7 609.20 (first degree manslaughter), 609.205 (second degree 17.8 manslaughter), 609.221 (first degree assault), 609.222 (second 17.9 degree assault), 609.223 (third degree assault), 609.24 (simple 17.10 robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 17.11 609.255 (false imprisonment), 609.365 (incest), 609.498 17.12 (tampering with a witness), 609.561 (first degree arson), or 17.13 609.582, subdivision 1 (first degree burglary). 17.14 [EFFECTIVE DATE.] This section is effective August 1, 2005, 17.15 and applies to crimes committed on or after that date. 17.16 Sec. 12. Minnesota Statutes 2004, section 609.341, is 17.17 amended by adding a subdivision to read: 17.18 Subd. 25. [TORTURE.] "Torture" means the intentional 17.19 infliction of extreme mental anguish, or extreme psychological 17.20 abuse, when committed in an especially depraved manner. 17.21 Sec. 13. Minnesota Statutes 2004, section 609.342, 17.22 subdivision 2, is amended to read: 17.23 Subd. 2. [PENALTY.] (a) Except as otherwise provided 17.24 insection 609.109paragraph (b) or (c), or section 609.109, a 17.25 person convicted under subdivision 1 may be sentenced to 17.26 imprisonment for not more than3060 yearsor to a payment of a17.27fine of not more than $40,000, or both. 17.28(b)Unless a longer mandatory minimum sentence is otherwise 17.29 required by law or the Sentencing Guidelines provide for a 17.30 longer presumptive executed sentence, the court shall presume 17.31 that an executed sentence of 144 months must be imposed on an 17.32 offender convicted of violating this section. Except as 17.33 provided in paragraph (b) or (c), sentencing a person in a 17.34 manner other than that described in this paragraph is a 17.35 departure from the Sentencing Guidelines. 17.36 (b) The court shall sentence a person to imprisonment for 18.1 life if: 18.2 (1) the person was convicted under subdivision 1, paragraph 18.3 (c), (d), (e), (f), or (h); or 18.4 (2) the person was convicted under subdivision 1 of a 18.5 subsequent sex offense. 18.6 Unless a longer mandatory minimum sentence is otherwise 18.7 required by law or the Sentencing Guidelines provide for a 18.8 longer presumptive executed sentence, and the court imposes this 18.9 sentence, the court shall specify a minimum term of imprisonment 18.10 of 20 years that must be served before the offender may be 18.11 considered for supervised release. 18.12 (c) The court shall sentence a person to imprisonment for 18.13 life without the possibility of release if the person is 18.14 convicted of violating subdivision 1, paragraph (c), (d), (e), 18.15 (f), or (h), and the fact finder determines beyond a reasonable 18.16 doubt that any of the following circumstances exist: 18.17 (1) the offender tortured the complainant; 18.18 (2) the offender intentionally inflicted great bodily harm 18.19 upon the complainant; 18.20 (3) the offender, without the complainant's consent, 18.21 removed the complainant from one place to another and did not 18.22 release the complainant in a safe place; 18.23 (4) the complainant was aged 13 or younger at the time of 18.24 the offense; 18.25 (5) the complainant was aged 70 or older at the time of the 18.26 offense; 18.27 (6) the offender was armed with a dangerous weapon or any 18.28 article used or fashioned in a manner to lead the complainant to 18.29 reasonably believe it to be a dangerous weapon and used or 18.30 threatened to use the weapon or article to cause the complainant 18.31 to submit; 18.32 (7) the charged offense involved sexual penetration or 18.33 sexual contact with more than one victim; or 18.34 (8) the offense involved more than one perpetrator engaging 18.35 in sexual penetration or sexual contact with the complainant. 18.36 The fact finder may not consider a circumstance described 19.1 in clauses (1) to (8) if it is an element of the underlying 19.2 specified violation of subdivision 1. 19.3 (d) In addition to the sentence imposed under paragraph 19.4 (a), (b), or (c), the person may also be sentenced to the 19.5 payment of a fine of not more than $40,000. 19.6 [EFFECTIVE DATE.] This section is effective August 1, 2005, 19.7 and applies to crimes committed on or after that date. 19.8 Sec. 14. Minnesota Statutes 2004, section 609.342, 19.9 subdivision 3, is amended to read: 19.10 Subd. 3. [STAY.] Except when imprisonment is required for 19.11 a subsequent sex offense or under section 609.109, if a person 19.12 is convicted under subdivision 1, clause (g), the court may stay 19.13 imposition or execution of the sentence if it finds that: 19.14 (a) a stay is in the best interest of the complainant or 19.15 the family unit; and 19.16 (b) a professional assessment indicates that the offender 19.17 has been accepted by and can respond to a treatment program. 19.18 If the court stays imposition or execution of sentence, it 19.19 shall include the following as conditions of probation: 19.20 (1) incarceration in a local jail or workhouse; 19.21 (2) a requirement that the offender complete a treatment 19.22 program; and 19.23 (3) a requirement that the offender have no unsupervised 19.24 contact with the complainant until the offender has successfully 19.25 completed the treatment program unless approved by the treatment 19.26 program and the supervising correctional agent. 19.27 [EFFECTIVE DATE.] This section is effective August 1, 2005, 19.28 and applies to crimes committed on or after that date. 19.29 Sec. 15. Minnesota Statutes 2004, section 609.343, 19.30 subdivision 2, is amended to read: 19.31 Subd. 2. [PENALTY.] (a) Except as otherwise provided 19.32 in paragraph (b) or (c) or section 609.109, a person convicted 19.33 under subdivision 1 may be sentenced to imprisonment for not 19.34 more than2550 yearsor to a payment of a fine of not more than19.35$35,000, or both. 19.36(b)Unless a longer mandatory minimum sentence is otherwise 20.1 required by law or the Sentencing Guidelines provide for a 20.2 longer presumptive executed sentence, the court shall presume 20.3 that an executed sentence of 90 months must be imposed on an 20.4 offender convicted of violating subdivision 1, clause (c), (d), 20.5 (e), (f), or (h). Sentencing a person in a manner other than 20.6 that described in this paragraph is a departure from the 20.7 Sentencing Guidelines. 20.8 (b) The court shall sentence a person to imprisonment for 20.9 life if: 20.10 (1) the person was convicted under subdivision 1, paragraph 20.11 (c), (d), (e), (f), or (h); or 20.12 (2) the person was convicted under subdivision 1 of a 20.13 subsequent sex offense. 20.14 Unless a longer mandatory minimum sentence is otherwise 20.15 required by law or the Sentencing Guidelines provide for a 20.16 longer presumptive executed sentence, and the court imposes this 20.17 sentence, the court shall specify a minimum term of imprisonment 20.18 of 20 years that must be served before the offender may be 20.19 considered for supervised release. 20.20 (c) The court shall sentence a person to imprisonment for 20.21 life without the possibility of release if the person is 20.22 convicted of violating subdivision 1, paragraph (c), (d), (e), 20.23 (f), or (h), and the fact finder determines beyond a reasonable 20.24 doubt that any of the following circumstances exist: 20.25 (1) the offender tortured the complainant; 20.26 (2) the offender intentionally inflicted great bodily harm 20.27 upon the complainant; 20.28 (3) the offender, without the complainant's consent, 20.29 removed the complainant from one place to another and did not 20.30 release the complainant in a safe place; 20.31 (4) the complainant was aged 13 or younger at the time of 20.32 the offense; 20.33 (5) the complainant was aged 70 or older at the time of the 20.34 offense; 20.35 (6) the offender was armed with a dangerous weapon or any 20.36 article used or fashioned in a manner to lead the complainant to 21.1 reasonably believe it to be a dangerous weapon and used or 21.2 threatened to use the weapon or article to cause the complainant 21.3 to submit; 21.4 (7) the charged offense involved sexual penetration or 21.5 sexual contact with more than one victim; or 21.6 (8) the offense involved more than one perpetrator engaging 21.7 in sexual penetration or sexual contact with the complainant. 21.8 The fact finder may not consider a circumstance described 21.9 in clauses (1) to (8) if it is an element of the underlying 21.10 specified violation of subdivision 1. 21.11 (d) In addition to the sentence imposed under paragraph 21.12 (a), (b), or (c), the person may also be sentenced to the 21.13 payment of a fine of not more than $35,000. 21.14 [EFFECTIVE DATE.] This section is effective August 1, 2005, 21.15 and applies to crimes committed on or after that date. 21.16 Sec. 16. Minnesota Statutes 2004, section 609.343, 21.17 subdivision 3, is amended to read: 21.18 Subd. 3. [STAY.] Except when imprisonment is required for 21.19 a subsequent sex offense or under section 609.109, if a person 21.20 is convicted under subdivision 1, clause (g), the court may stay 21.21 imposition or execution of the sentence if it finds that: 21.22 (a) a stay is in the best interest of the complainant or 21.23 the family unit; and 21.24 (b) a professional assessment indicates that the offender 21.25 has been accepted by and can respond to a treatment program. 21.26 If the court stays imposition or execution of sentence, it 21.27 shall include the following as conditions of probation: 21.28 (1) incarceration in a local jail or workhouse; 21.29 (2) a requirement that the offender complete a treatment 21.30 program; and 21.31 (3) a requirement that the offender have no unsupervised 21.32 contact with the complainant until the offender has successfully 21.33 completed the treatment program unless approved by the treatment 21.34 program and the supervising correctional agent. 21.35 [EFFECTIVE DATE.] This section is effective August 1, 2005, 21.36 and applies to crimes committed on or after that date. 22.1 Sec. 17. Minnesota Statutes 2004, section 609.344, 22.2 subdivision 2, is amended to read: 22.3 Subd. 2. [PENALTY.] (a) Except as otherwise provided in 22.4 paragraph (b), a person convicted under subdivision 1 may be 22.5 sentenced to imprisonment for not more than1530 yearsor to a22.6payment of a fine of not more than $30,000, or both. 22.7 (b) A person convicted under subdivision 1 of a subsequent 22.8 sex offense shall be sentenced to imprisonment for life. Unless 22.9 a longer mandatory minimum sentence is otherwise required by law 22.10 or the Sentencing Guidelines provide for a longer presumptive 22.11 executed sentence, and the court imposes this sentence, the 22.12 court shall specify a minimum term of imprisonment of 20 years 22.13 that must be served before the offender may be considered for 22.14 supervised release. 22.15 (c) In addition to the sentence imposed under paragraph (a) 22.16 or (b), the person may also be sentenced to the payment of a 22.17 fine of not more than $30,000. 22.18 [EFFECTIVE DATE.] This section is effective August 1, 2005, 22.19 and applies to crimes committed on or after that date. 22.20 Sec. 18. Minnesota Statutes 2004, section 609.344, 22.21 subdivision 3, is amended to read: 22.22 Subd. 3. [STAY.] Except when imprisonment is required 22.23 under subdivision 2, paragraph (b), or section 609.109, if a 22.24 person is convicted under subdivision 1, clause (f), the court 22.25 may stay imposition or execution of the sentence if it finds 22.26 that: 22.27 (a) a stay is in the best interest of the complainant or 22.28 the family unit; and 22.29 (b) a professional assessment indicates that the offender 22.30 has been accepted by and can respond to a treatment program. 22.31 If the court stays imposition or execution of sentence, it 22.32 shall include the following as conditions of probation: 22.33 (1) incarceration in a local jail or workhouse; 22.34 (2) a requirement that the offender complete a treatment 22.35 program; and 22.36 (3) a requirement that the offender have no unsupervised 23.1 contact with the complainant until the offender has successfully 23.2 completed the treatment program unless approved by the treatment 23.3 program and the supervising correctional agent. 23.4 [EFFECTIVE DATE.] This section is effective August 1, 2005, 23.5 and applies to crimes committed on or after that date. 23.6 Sec. 19. Minnesota Statutes 2004, section 609.345, 23.7 subdivision 2, is amended to read: 23.8 Subd. 2. [PENALTY.] (a) Except as otherwise provided in 23.9 paragraph (b), a person convicted under subdivision 1 may be 23.10 sentenced to imprisonment for not more thanten20 yearsor to a23.11payment of a fine of not more than $20,000, or both. 23.12 (b) A person convicted under subdivision 1 of a subsequent 23.13 sex offense shall be sentenced to imprisonment for life. Unless 23.14 a longer mandatory minimum sentence is otherwise required by law 23.15 or the Sentencing Guidelines provide for a longer presumptive 23.16 executed sentence, and the court imposes this sentence, the 23.17 court shall specify a minimum term of imprisonment of 20 years 23.18 that must be served before the offender may be considered for 23.19 supervised release. 23.20 (c) In addition to the sentence imposed under paragraph (a) 23.21 or (b), the person may also be sentenced to the payment of a 23.22 fine of not more than $20,000. 23.23 [EFFECTIVE DATE.] This section is effective August 1, 2005, 23.24 and applies to crimes committed on or after that date. 23.25 Sec. 20. Minnesota Statutes 2004, section 609.345, 23.26 subdivision 3, is amended to read: 23.27 Subd. 3. [STAY.] Except when imprisonment is required 23.28 under subdivision 2, paragraph (b), or section 609.109, if a 23.29 person is convicted under subdivision 1, clause (f), the court 23.30 may stay imposition or execution of the sentence if it finds 23.31 that: 23.32 (a) a stay is in the best interest of the complainant or 23.33 the family unit; and 23.34 (b) a professional assessment indicates that the offender 23.35 has been accepted by and can respond to a treatment program. 23.36 If the court stays imposition or execution of sentence, it 24.1 shall include the following as conditions of probation: 24.2 (1) incarceration in a local jail or workhouse; 24.3 (2) a requirement that the offender complete a treatment 24.4 program; and 24.5 (3) a requirement that the offender have no unsupervised 24.6 contact with the complainant until the offender has successfully 24.7 completed the treatment program unless approved by the treatment 24.8 program and the supervising correctional agent. 24.9 [EFFECTIVE DATE.] This section is effective August 1, 2005, 24.10 and applies to crimes committed on or after that date. 24.11 Sec. 21. [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.] 24.12 Subdivision 1. [CRIME DEFINED.] A person is guilty of 24.13 criminal sexual predatory conduct if the person commits a 24.14 predatory crime that was motivated by the offender's sexual 24.15 impulses or was part of a predatory pattern of behavior that had 24.16 criminal sexual conduct as its goal. 24.17 Subd. 2. [PENALTY.] (a) Except as provided in paragraph 24.18 (b), a person convicted under subdivision 1 may be sentenced to 24.19 imprisonment for a minimum of 15 years or twice the statutory 24.20 maximum for the underlying predatory crime, whichever is longer. 24.21 (b) A person convicted under subdivision 1 of a subsequent 24.22 sex offense shall be sentenced to imprisonment for life. Unless 24.23 a longer mandatory minimum sentence is otherwise required by law 24.24 or the Sentencing Guidelines provide for a longer presumptive 24.25 executed sentence, and the court imposes this sentence, the 24.26 court shall specify a minimum term of imprisonment of 20 years 24.27 that must be served before the offender may be considered for 24.28 supervised release. 24.29 (c) In addition to the sentence imposed under paragraph (a) 24.30 or (b), the person may also be sentenced to the payment of a 24.31 fine of not more than $20,000. 24.32 [EFFECTIVE DATE.] This section is effective August 1, 2005, 24.33 and applies to crimes committed on or after that date. 24.34 Sec. 22. Minnesota Statutes 2004, section 609.748, 24.35 subdivision 2, is amended to read: 24.36 Subd. 2. [RESTRAINING ORDER; JURISDICTION.] A person who 25.1 is a victim of harassment may seek a restraining order from the 25.2 district court in the manner provided in this section. The 25.3 parentor, guardian, or stepparent of a minor who is a victim of 25.4 harassment may seek a restraining order from the district court 25.5 on behalf of the minor. 25.6 [EFFECTIVE DATE.] This section is effective August 1, 2005, 25.7 and applies to crimes committed on or after that date. 25.8 Sec. 23. Minnesota Statutes 2004, section 609.748, 25.9 subdivision 3a, is amended to read: 25.10 Subd. 3a. [FILING FEE; COST OF SERVICE.] The filing fees 25.11 for a restraining order under this section are waived for the 25.12 petitioner if the petition alleges acts that would constitute a 25.13 violation of section 609.749, subdivision 2 or 3, or sections 25.14 609.342 to 609.3451. The court administrator and the sheriff of 25.15 any county in this state shall perform their duties relating to 25.16 service of process without charge to the petitioner. The court 25.17 shall direct payment of the reasonable costs of service of 25.18 process if served by a private process server when the sheriff 25.19 is unavailable or if service is made by publication. The court 25.20 may direct a respondent to pay to the court administrator the 25.21 petitioner's filing fees and reasonable costs of service of 25.22 process if the court determines that the respondent has the 25.23 ability to pay the petitioner's fees and costs. 25.24 [EFFECTIVE DATE.] This section is effective August 1, 2005, 25.25 and applies to crimes committed on or after that date. 25.26 Sec. 24. Minnesota Statutes 2004, section 609.749, 25.27 subdivision 2, is amended to read: 25.28 Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person 25.29 who harasses another by committing any of the following acts is 25.30 guilty of a gross misdemeanor: 25.31 (1) directly or indirectly manifests a purpose or intent to 25.32 injure the person, property, or rights of another by the 25.33 commission of an unlawful act; 25.34 (2) stalks, follows, monitors, or pursues another, whether 25.35 in person or through technological or other means; 25.36 (3) returns to the property of another if the actor is 26.1 without claim of right to the property or consent of one with 26.2 authority to consent; 26.3 (4) repeatedly makes telephone calls, or induces a victim 26.4 to make telephone calls to the actor, whether or not 26.5 conversation ensues; 26.6 (5) makes or causes the telephone of another repeatedly or 26.7 continuously to ring; 26.8 (6) repeatedly mails or delivers or causes the delivery by 26.9 any means, including electronically, of letters, telegrams, 26.10 messages, packages, or other objects; or 26.11 (7) knowingly makes false allegations against a peace 26.12 officer concerning the officer's performance of official duties 26.13 with intent to influence or tamper with the officer's 26.14 performance of official duties. 26.15 (b) The conduct described in paragraph (a), clauses (4) and 26.16 (5), may be prosecuted at the place where any call is either 26.17 made or received or, additionally in the case of wireless or 26.18 electronic communication, where the actor or victim resides. 26.19 The conduct described in paragraph (a), clause (2), may be 26.20 prosecuted where the actor or victim resides. The conduct 26.21 described in paragraph (a), clause (6), may be prosecuted where 26.22 any letter, telegram, message, package, or other object is 26.23 either sent or received or, additionally in the case of wireless 26.24 or electronic communication, where the actor or victim resides. 26.25 (c) A peace officer may not make a warrantless, custodial 26.26 arrest of any person for a violation of paragraph (a), clause 26.27 (7). 26.28 [EFFECTIVE DATE.] This section is effective August 1, 2005, 26.29 and applies to crimes committed on or after that date. 26.30 Sec. 25. Minnesota Statutes 2004, section 609.79, 26.31 subdivision 2, is amended to read: 26.32 Subd. 2. [VENUE.] The offense may be prosecuted either at 26.33 the place where the call is made or where it is received or, 26.34 additionally in the case of wireless or electronic 26.35 communication, where the sender or receiver resides. 26.36 [EFFECTIVE DATE.] This section is effective August 1, 2005, 27.1 and applies to crimes committed on or after that date. 27.2 Sec. 26. Minnesota Statutes 2004, section 609.795, is 27.3 amended by adding a subdivision to read: 27.4 Subd. 3. [VENUE.] The offense may be prosecuted either at 27.5 the place where the letter, telegram, or package is sent or 27.6 received or, alternatively in the case of wireless electronic 27.7 communication, where the sender or receiver resides. 27.8 [EFFECTIVE DATE.] This section is effective August 1, 2005, 27.9 and applies to crimes committed on or after that date. 27.10 Sec. 27. [SENTENCING GUIDELINES; CHANGES MANDATED.] 27.11 (a) The Sentencing Guidelines Commission shall modify the 27.12 Sentencing Guidelines, including the guidelines grid, to reflect 27.13 the changes made in this act. 27.14 (b) The commission shall make the sex offender-related 27.15 modifications to the guidelines and grid proposed in the 27.16 commission's January 2005 report to the legislature, including 27.17 creating a separate sex offender grid, and changing the method 27.18 used to calculate the weights assigned to sex offenses when 27.19 calculating an offender's criminal history. However, the 27.20 commission shall adapt the proposed modifications to reflect the 27.21 restructuring of sex offense sentences under this article. 27.22 (c) Modifications made by the commission under this section 27.23 take effect August 1, 2005. 27.24 [EFFECTIVE DATE.] This section is effective the day 27.25 following final enactment. 27.26 Sec. 28. [REPEALER.] 27.27 Minnesota Statutes 2004, sections 609.108, subdivision 2, 27.28 and 609.109, subdivisions 2, 4, and 6, are repealed. 27.29 [EFFECTIVE DATE.] This section is effective August 1, 2005, 27.30 and applies to crimes committed on or after that date. 27.31 ARTICLE 3 27.32 SEX OFFENDER POLICY AND REVIEW BOARDS 27.33 Section 1. Minnesota Statutes 2004, section 13.851, is 27.34 amended by adding a subdivision to read: 27.35 Subd. 9. [PREDATORY OFFENDERS; MINNESOTA SEX OFFENDER 27.36 REVIEW BOARD.] Certain data classified under this chapter are 28.1 made accessible to the Minnesota Sex Offender Review Board under 28.2 section 244.0515. 28.3 [EFFECTIVE DATE.] This section is effective August 1, 2005. 28.4 Sec. 2. Minnesota Statutes 2004, section 13D.05, 28.5 subdivision 2, is amended to read: 28.6 Subd. 2. [WHEN MEETING MUST BE CLOSED.] (a) Any portion of 28.7 a meeting must be closed if expressly required by other law or 28.8 if the following types of data are discussed: 28.9 (1) data that would identify alleged victims or reporters 28.10 of criminal sexual conduct, domestic abuse, or maltreatment of 28.11 minors or vulnerable adults; 28.12 (2) active investigative data as defined in section 13.82, 28.13 subdivision 7, or internal affairs data relating to allegations 28.14 of law enforcement personnel misconduct collected or created by 28.15 a state agency, statewide system, or political subdivision; or 28.16 (3) educational data, health data, medical data, welfare 28.17 data, or mental health data that are not public data under 28.18 section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, 28.19 subdivision 2 or 7. 28.20 (b) A public body shall close one or more meetings for 28.21 preliminary consideration of allegations or charges against an 28.22 individual subject to its authority. If the members conclude 28.23 that discipline of any nature may be warranted as a result of 28.24 those specific charges or allegations, further meetings or 28.25 hearings relating to those specific charges or allegations held 28.26 after that conclusion is reached must be open. A meeting must 28.27 also be open at the request of the individual who is the subject 28.28 of the meeting. 28.29 (c) The Minnesota Sex Offender Review Board authorized by 28.30 section 244.0515 must close a meeting to deliberate whether an 28.31 inmate's petition meets the criteria for release established by 28.32 the board. The board must identify the inmate whose petition 28.33 will be deliberated. At its next open meeting, the board shall 28.34 summarize its deliberations regarding the inmate's petition. 28.35 [EFFECTIVE DATE.] This section is effective August 1, 2005. 28.36 Sec. 3. [243.168] [SEX OFFENDER POLICY BOARD; 29.1 ESTABLISHMENT; MEMBERSHIP; REPORTS.] 29.2 Subdivision 1. [ESTABLISHMENT.] A Sex Offender Policy 29.3 Board is established to develop professional standards for 29.4 treatment of sex offenders, including uniform supervision and 29.5 treatment guidelines. 29.6 (a) The governor shall appoint a Sex Offender Policy Board 29.7 to serve in an advisory capacity to the governor. The governor 29.8 shall appoint to the board five professionals with relevant and 29.9 complimentary experience in treatment, law enforcement, sex 29.10 offender assessment, and sex offender management. 29.11 (b) Members of the board appointed by the governor serve at 29.12 the pleasure of the governor and their terms end with the term 29.13 of the governor. Members of the board serve without 29.14 compensation but may be reimbursed for reasonable expenses as 29.15 determined by the commissioner of corrections. Notwithstanding 29.16 section 15.059, the board does not expire until repealed by law. 29.17 Subd. 2. [REPORTS TO LEGISLATURE.] The board must submit 29.18 reports to the legislature on the professional standards for 29.19 treatment of sex offenders, including uniform supervision and 29.20 treatment guidelines. 29.21 [EFFECTIVE DATE.] This section is effective July 1, 2005. 29.22 Sec. 4. [244.0515] [MINNESOTA SEX OFFENDER REVIEW BOARD.] 29.23 Subdivision 1. [DEFINITIONS.] As used in this section, the 29.24 following terms have the meanings given: 29.25 (1) "board" means the Minnesota Sex Offender Review Board; 29.26 and 29.27 (2) "commissioner" means the commissioner of corrections. 29.28 Subd. 2. [RESPONSIBILITIES.] The board is responsible for 29.29 making decisions regarding the release of inmates sentenced to 29.30 life sentences under section 609.342, subdivision 2, paragraph 29.31 (b); 609.343, subdivision 2, paragraph (b); 609.344, subdivision 29.32 2, paragraph (b); 609.345, subdivision 2, paragraph (b); or 29.33 609.3453, subdivision 2, paragraph (b). 29.34 Subd. 3. [EXEMPTION FROM CHAPTER 14.] (a) For the purposes 29.35 of this section and except as provided in paragraph (b), the 29.36 board and the commissioner are not subject to chapter 14. 30.1 (b) The board and the commissioner may adopt rules under 30.2 section 14.389 to implement this section. 30.3 [EFFECTIVE DATE.] This section is effective August 1, 2005. 30.4 Sec. 5. [DIRECTION TO COMMISSIONER OF CORRECTIONS.] 30.5 (a) The commissioner of corrections shall establish 30.6 criteria and procedures for the Minnesota Sex Offender Review 30.7 Board established under Minnesota Statutes, section 244.0515. 30.8 The commissioner shall develop recommendations for the 30.9 composition, duties, procedures, and review criteria for release 30.10 of sex offenders. The proposed procedures and review criteria 30.11 shall be for use by the board in making release and revocation 30.12 decisions on offenders sentenced under Minnesota Statutes, 30.13 section 609.342, subdivision 2, paragraph (b); 609.343, 30.14 subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 30.15 (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 30.16 subdivision 2, paragraph (b). In establishing criteria and 30.17 procedures, the commissioner shall seek the input of the 30.18 end-of-confinement review committee at each state correctional 30.19 facility and at each state treatment facility where predatory 30.20 offenders are confined. The commissioner also shall seek input 30.21 from individuals knowledgeable in health and human services; 30.22 public safety; Minnesota's sex offender treatment program; 30.23 treatment of sex offenders; crime victim issues; criminal law; 30.24 sentencing guidelines; law enforcement; and probation, 30.25 supervised release, and conditional release. 30.26 (b) By December 15, 2005, the commissioner shall submit a 30.27 written report to the legislature containing proposed 30.28 composition, duties, procedures, and review criteria of the 30.29 Minnesota Sex Offender Board. This report also must include a 30.30 summary of the input gathered under paragraph (a). 30.31 [EFFECTIVE DATE.] This section is effective the day 30.32 following final enactment. 30.33 Sec. 6. [SUPREME COURT TASK FORCE; STUDY REQUIRED.] 30.34 Subdivision 1. [ESTABLISHMENT.] The Minnesota Supreme 30.35 Court is requested to establish a task force to study the use of 30.36 the court system as an alternative to the administrative process 31.1 of the special review board for reductions in custody and 31.2 discharge from commitment of those persons committed as a 31.3 sexually dangerous person or sexual psychopathic personality 31.4 under Minnesota Statutes, section 253B.185. 31.5 Subd. 2. [MEMBERSHIP.] The task force shall consist of the 31.6 following: 31.7 (1) a representative from the Supreme Court; 31.8 (2) a court administrator; 31.9 (3) a district court judge; 31.10 (4) a county attorney selected by the county attorney's 31.11 association; 31.12 (5) a representative from the attorney general's office; 31.13 (6) the Ombudsman for Mental Health and Mental Retardation; 31.14 (7) a law enforcement representative; 31.15 (8) a county case manager; 31.16 (9) a victim services representative; 31.17 (10) a person experienced in treating sex offenders; 31.18 (11) a defense attorney; 31.19 (12) the commissioner of human services or designee; 31.20 (13) the state-operated services forensic medical director 31.21 or designee; 31.22 (14) the commissioner of corrections or designee; 31.23 (15) a representative from community corrections; 31.24 (16) a member of the special review board; and 31.25 (17) any other persons deemed necessary by the Minnesota 31.26 Supreme Court. 31.27 Subd. 3. [RECOMMENDATIONS.] The task force shall be 31.28 convened no later than August 1, 2005. The task force shall 31.29 examine current law and practices relating to the reduction in 31.30 custody and discharge of persons committed as a sexually 31.31 dangerous person or sexual psychopathic personality. The task 31.32 forces shall examine the laws of other jurisdictions and shall 31.33 make recommendations regarding reduction in custody and 31.34 discharge procedures and release criteria. The recommendations 31.35 may suggest the establishment of a judicial process rather than 31.36 the special review board to authorize a reduction in custody or 32.1 discharge. 32.2 Subd. 4. [REPORT.] The task force shall report to the 32.3 chairs of the house Public Safety Policy and Finance Committee 32.4 and the senate Crime Prevention and Public Safety Committee with 32.5 recommendations by December 15, 2005. 32.6 ARTICLE 4 32.7 PREDATORY OFFENDER REGISTRY 32.8 Section 1. Minnesota Statutes 2004, section 13.82, is 32.9 amended by adding a subdivision to read: 32.10 Subd. 28. [DISCLOSURE OF SEX OFFENDER REGISTRANT STATUS.] 32.11 Law enforcement agency disclosure to health facilities of the 32.12 registrant status of a registered sex offender is governed by 32.13 section 244.052. 32.14 [EFFECTIVE DATE.] This section is effective July 1, 2005. 32.15 Sec. 2. Minnesota Statutes 2004, section 144A.135, is 32.16 amended to read: 32.17 144A.135 [TRANSFER AND DISCHARGE APPEALS.] 32.18 (a) The commissioner shall establish a mechanism for 32.19 hearing appeals on transfers and discharges of residents by 32.20 nursing homes or boarding care homes licensed by the 32.21 commissioner. The commissioner may adopt permanent rules to 32.22 implement this section. 32.23 (b) Until federal regulations are adopted under sections 32.24 1819(f)(3) and 1919(f)(3) of the Social Security Act that govern 32.25 appeals of the discharges or transfers of residents from nursing 32.26 homes and boarding care homes certified for participation in 32.27 Medicare or medical assistance, the commissioner shall provide 32.28 hearings under sections 14.57 to 14.62 and the rules adopted by 32.29 the Office of Administrative Hearings governing contested 32.30 cases. To appeal the discharge or transfer, or notification of 32.31 an intended discharge or transfer, a resident or the resident's 32.32 representative must request a hearing in writing no later than 32.33 30 days after receiving written notice, which conforms to state 32.34 and federal law, of the intended discharge or transfer. 32.35 (c) Hearings under this section shall be held no later than 32.36 14 days after receipt of the request for hearing, unless 33.1 impractical to do so or unless the parties agree otherwise. 33.2 Hearings shall be held in the facility in which the resident 33.3 resides, unless impractical to do so or unless the parties agree 33.4 otherwise. 33.5 (d) A resident who timely appeals a notice of discharge or 33.6 transfer, and who resides in a certified nursing home or 33.7 boarding care home, may not be discharged or transferred by the 33.8 nursing home or boarding care home until resolution of the 33.9 appeal. The commissioner can order the facility to readmit the 33.10 resident if the discharge or transfer was in violation of state 33.11 or federal law. If the resident is required to be hospitalized 33.12 for medical necessity before resolution of the appeal, the 33.13 facility shall readmit the resident unless the resident's 33.14 attending physician documents, in writing, why the resident's 33.15 specific health care needs cannot be met in the facility. 33.16 (e) The commissioner and Office of Administrative Hearings 33.17 shall conduct the hearings in compliance with the federal 33.18 regulations described in paragraph (b), when adopted. 33.19 (f) Nothing in this section limits the right of a resident 33.20 or the resident's representative to request or receive 33.21 assistance from the Office of Ombudsman for Older Minnesotans or 33.22 the Office of Health Facility Complaints with respect to an 33.23 intended discharge or transfer. 33.24 (g) A person required to inform a health care facility of 33.25 the person's status as a registered sex offender under section 33.26 243.166, subdivision 4b, who knowingly fails to do so shall be 33.27 deemed to have endangered the safety of individuals in the 33.28 facility under Code of Federal Regulations, chapter 42, section 33.29 483.12. Notwithstanding paragraph (d), any appeal of the notice 33.30 and discharge shall not constitute a stay of the discharge. 33.31 [EFFECTIVE DATE.] This section is effective August 1, 2005. 33.32 Sec. 3. Minnesota Statutes 2004, section 243.166, is 33.33 amended to read: 33.34 243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 33.35Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall33.36register under this section if:34.1(1) the person was charged with or petitioned for a felony34.2violation of or attempt to violate any of the following, and34.3convicted of or adjudicated delinquent for that offense or34.4another offense arising out of the same set of circumstances:34.5(i) murder under section 609.185, clause (2); or34.6(ii) kidnapping under section 609.25; or34.7(iii) criminal sexual conduct under section 609.342;34.8609.343; 609.344; 609.345; or 609.3451, subdivision 3; or34.9(iv) indecent exposure under section 617.23, subdivision 3;34.10or34.11(2) the person was charged with or petitioned for falsely34.12imprisoning a minor in violation of section 609.255, subdivision34.132; soliciting a minor to engage in prostitution in violation of34.14section 609.322 or 609.324; soliciting a minor to engage in34.15sexual conduct in violation of section 609.352; using a minor in34.16a sexual performance in violation of section 617.246; or34.17possessing pornographic work involving a minor in violation of34.18section 617.247, and convicted of or adjudicated delinquent for34.19that offense or another offense arising out of the same set of34.20circumstances; or34.21(3) the person was convicted of a predatory crime as34.22defined in section 609.108, and the offender was sentenced as a34.23patterned sex offender or the court found on its own motion or34.24that of the prosecutor that the crime was part of a predatory34.25pattern of behavior that had criminal sexual conduct as its34.26goal; or34.27(4) the person was convicted of or adjudicated delinquent34.28for, including pursuant to a court martial, violating a law of34.29the United States, including the Uniform Code of Military34.30Justice, similar to the offenses described in clause (1), (2),34.31or (3).34.32(b) A person also shall register under this section if:34.33(1) the person was convicted of or adjudicated delinquent34.34in another state for an offense that would be a violation of a34.35law described in paragraph (a) if committed in this state;34.36(2) the person enters the state to reside, or to work or35.1attend school; and35.2(3) ten years have not elapsed since the person was35.3released from confinement or, if the person was not confined,35.4since the person was convicted of or adjudicated delinquent for35.5the offense that triggers registration, unless the person is35.6subject to lifetime registration, in which case the person must35.7register for life regardless of when the person was released35.8from confinement, convicted, or adjudicated delinquent.35.9For purposes of this paragraph:35.10(i) "school" includes any public or private educational35.11institution, including any secondary school, trade or35.12professional institution, or institution of higher education,35.13that the person is enrolled in on a full-time or part-time35.14basis; and35.15(ii) "work" includes employment that is full time or part35.16time for a period of time exceeding 14 days or for an aggregate35.17period of time exceeding 30 days during any calendar year,35.18whether financially compensated, volunteered, or for the purpose35.19of government or educational benefit.35.20(c) A person also shall register under this section if the35.21person was committed pursuant to a court commitment order under35.22section 253B.185 or Minnesota Statutes 1992, section 526.10, or35.23a similar law of another state or the United States, regardless35.24of whether the person was convicted of any offense.35.25(d) A person also shall register under this section if:35.26(1) the person was charged with or petitioned for a felony35.27violation or attempt to violate any of the offenses listed in35.28paragraph (a), clause (1), or a similar law of another state or35.29the United States, or the person was charged with or petitioned35.30for a violation of any of the offenses listed in paragraph (a),35.31clause (2), or a similar law of another state or the United35.32States;35.33(2) the person was found not guilty by reason of mental35.34illness or mental deficiency after a trial for that offense, or35.35found guilty but mentally ill after a trial for that offense, in35.36states with a guilty but mentally ill verdict; and36.1(3) the person was committed pursuant to a court commitment36.2order under section 253B.18 or a similar law of another state or36.3the United States.36.4 Subd. 1a. [DEFINITIONS.] (a) As used in this section, 36.5 unless the context clearly indicates otherwise, the following 36.6 terms have the meanings given them. 36.7 (b) "Bureau" means the Bureau of Criminal Apprehension. 36.8 (c) "Dwelling" means the building where the person lives 36.9 under a formal or informal agreement to do so. 36.10 (d) "Incarceration" and "confinement" do not include 36.11 electronic home monitoring. 36.12 (e) "Law enforcement authority" or "authority" means, with 36.13 respect to a home rule charter or statutory city, the chief of 36.14 police, and with respect to an unincorporated area, the county 36.15 sheriff. 36.16 (f) "Motor vehicle" has the meaning given in section 36.17 169.01, subdivision 2. 36.18 (g) "Primary address" means the mailing address of the 36.19 person's dwelling. If the mailing address is different from the 36.20 actual location of the dwelling, primary address also includes 36.21 the physical location of the dwelling described with as much 36.22 specificity as possible. 36.23 (h) "School" includes any public or private educational 36.24 institution, including any secondary school, trade, or 36.25 professional institution, or institution of higher education, 36.26 that the person is enrolled in on a full-time or part-time basis. 36.27 (i) "Secondary address" means the mailing address of any 36.28 place where the person regularly or occasionally stays overnight 36.29 when not staying at the person's primary address. If the 36.30 mailing address is different from the actual location of the 36.31 place, secondary address also includes the physical location of 36.32 the place described with as much specificity as possible. 36.33 (j) "Treatment facility" means a residential facility, as 36.34 defined in section 244.052, subdivision 1, and residential 36.35 chemical dependency treatment programs and halfway houses 36.36 licensed under chapter 245A, including, but not limited to, 37.1 those facilities directly or indirectly assisted by any 37.2 department or agency of the United States. 37.3 (k) "Work" includes employment that is full time or part 37.4 time for a period of time exceeding 14 days or for an aggregate 37.5 period of time exceeding 30 days during any calendar year, 37.6 whether financially compensated, volunteered, or for the purpose 37.7 of government or educational benefit. 37.8 Subd. 1b. [REGISTRATION REQUIRED.] (a) A person shall 37.9 register under this section if: 37.10 (1) the person was charged with or petitioned for a felony 37.11 violation of or attempt to violate, or aiding, abetting, or 37.12 conspiracy to commit, any of the following, and convicted of or 37.13 adjudicated delinquent for that offense or another offense 37.14 arising out of the same set of circumstances: 37.15 (i) murder under section 609.185, clause (2); 37.16 (ii) kidnapping under section 609.25; 37.17 (iii) criminal sexual conduct under section 609.342; 37.18 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 37.19 (iv) indecent exposure under section 617.23, subdivision 3; 37.20 (2) the person was charged with or petitioned for a 37.21 violation of, or attempt to violate, or aiding, abetting, or 37.22 conspiracy to commit false imprisonment in violation of section 37.23 609.255, subdivision 2; soliciting a minor to engage in 37.24 prostitution in violation of section 609.322 or 609.324; 37.25 soliciting a minor to engage in sexual conduct in violation of 37.26 section 609.352; using a minor in a sexual performance in 37.27 violation of section 617.246; or possessing pornographic work 37.28 involving a minor in violation of section 617.247, and convicted 37.29 of or adjudicated delinquent for that offense or another offense 37.30 arising out of the same set of circumstances; 37.31 (3) the person was sentenced as a patterned sex offender 37.32 under section 609.108; or 37.33 (4) the person was convicted of or adjudicated delinquent 37.34 for, including pursuant to a court martial, violating a law of 37.35 the United States, including the Uniform Code of Military 37.36 Justice, similar to the offenses described in clause (1), (2), 38.1 or (3). 38.2 (b) A person also shall register under this section if: 38.3 (1) the person was convicted of or adjudicated delinquent 38.4 in another state for an offense that would be a violation of a 38.5 law described in paragraph (a) if committed in this state; 38.6 (2) the person enters this state to reside, work, or attend 38.7 school, or enters this state and remains for 14 days or longer; 38.8 and 38.9 (3) ten years have not elapsed since the person was 38.10 released from confinement or, if the person was not confined, 38.11 since the person was convicted of or adjudicated delinquent for 38.12 the offense that triggers registration, unless the person is 38.13 subject to lifetime registration, in which case the person shall 38.14 register for life regardless of when the person was released 38.15 from confinement, convicted, or adjudicated delinquent. 38.16 (c) A person also shall register under this section if the 38.17 person was committed pursuant to a court commitment order under 38.18 section 253B.185 or Minnesota Statutes 1992, section 526.10, or 38.19 a similar law of another state or the United States, regardless 38.20 of whether the person was convicted of any offense. 38.21 (d) A person also shall register under this section if: 38.22 (1) the person was charged with or petitioned for a felony 38.23 violation or attempt to violate any of the offenses listed in 38.24 paragraph (a), clause (1), or a similar law of another state or 38.25 the United States, or the person was charged with or petitioned 38.26 for a violation of any of the offenses listed in paragraph (a), 38.27 clause (2), or a similar law of another state or the United 38.28 States; 38.29 (2) the person was found not guilty by reason of mental 38.30 illness or mental deficiency after a trial for that offense, or 38.31 found guilty but mentally ill after a trial for that offense, in 38.32 states with a guilty but mentally ill verdict; and 38.33 (3) the person was committed pursuant to a court commitment 38.34 order under section 253B.18 or a similar law of another state or 38.35 the United States. 38.36 Subd. 2. [NOTICE.] When a person who is required to 39.1 register under subdivision11b, paragraph (a), is sentenced or 39.2 becomes subject to a juvenile court disposition order, the court 39.3 shall tell the person of the duty to register under this section 39.4 and that, if the person fails to comply with the registration 39.5 requirements, information about the offender may be made 39.6 available to the public through electronic, computerized, or 39.7 other accessible means. The court may not modify the person's 39.8 duty to register in the pronounced sentence or disposition 39.9 order. The court shall require the person to read and sign a 39.10 form stating that the duty of the person to register under this 39.11 section has been explained. The court shall forward the signed 39.12 sex offender registration form, the complaint, and sentencing 39.13 documents to the bureauof Criminal Apprehension. If a person 39.14 required to register under subdivision11b, paragraph (a), was 39.15 not notified by the court of the registration requirement at the 39.16 time of sentencing or disposition, the assigned corrections 39.17 agent shall notify the person of the requirements of this 39.18 section. When a person who is required to register under 39.19 subdivision11b, paragraph (c) or (d), is released from 39.20 commitment, the treatment facility shall notify the person of 39.21 the requirements of this section. The treatment facility shall 39.22 also obtain the registration information required under this 39.23 section and forward it to the bureauof Criminal Apprehension. 39.24 Subd. 3. [REGISTRATION PROCEDURE.] (a) Except as provided 39.25 in subdivision 3a, a person required to register under this 39.26 section shall register with the corrections agent as soon as the 39.27 agent is assigned to the person. If the person does not have an 39.28 assigned corrections agent or is unable to locate the assigned 39.29 corrections agent, the person shall register with the law 39.30 enforcementagencyauthority that has jurisdiction in the area 39.31 of the person'sresidenceprimary address. 39.32 (b) Except as provided in subdivision 3a, at least five 39.33 days before the person starts living at a new primary address, 39.34 including living in another state, the person shall give written 39.35 notice of the new primarylivingaddress to the assigned 39.36 corrections agent or to the law enforcement authority with which 40.1 the person currently is registered. If the person will be 40.2 living in a new state and that state has a registration 40.3 requirement, the person shall also give written notice of the 40.4 new address to the designated registration agency in the new 40.5 state. A person required to register under this section shall 40.6 also give written notice to the assigned corrections agent or to 40.7 the law enforcement authority that has jurisdiction in the area 40.8 of the person'sresidenceprimary address that the person is no 40.9 longer living or staying at an address, immediately after the 40.10 person is no longer living or staying at that address. The 40.11 corrections agent or law enforcement authority shall, within two 40.12 business days after receipt of this information, forward it to 40.13 the bureauof Criminal Apprehension. The bureauof Criminal40.14Apprehensionshall, if it has not already been done, notify the 40.15 law enforcement authority having primary jurisdiction in the 40.16 community where the person will live of the new address. If the 40.17 person is leaving the state, the bureauof Criminal Apprehension40.18 shall notify the registration authority in the new state of the 40.19 new address.If the person's obligation to register arose under40.20subdivision 1, paragraph (b),The person's registration 40.21 requirements under this section terminatewhenafter the person 40.22 begins living in the new state and the bureau has confirmed the 40.23 address in the other state through the annual verification 40.24 process on at least one occasion. 40.25 (c) A person required to register under subdivision11b, 40.26 paragraph (b), because the person is working or attending school 40.27 in Minnesota shall register with the law enforcement 40.28agencyauthority that has jurisdiction in the area where the 40.29 person works or attends school. In addition to other 40.30 information required by this section, the person shall provide 40.31 the address of the school or of the location where the person is 40.32 employed. A personmustshall comply with this paragraph within 40.33 five days of beginning employment or school. A person's 40.34 obligation to register under this paragraph terminates when the 40.35 person is no longer working or attending school in Minnesota. 40.36 (d) A person required to register under this section who 41.1 works or attends school outside of Minnesota shall register as a 41.2 predatory offender in the state where the person works or 41.3 attends school. The person's corrections agent, or if the 41.4 person does not have an assigned corrections agent, the law 41.5 enforcement authority that has jurisdiction in the area of the 41.6 person'sresidenceprimary address shall notify the person of 41.7 this requirement. 41.8 Subd. 3a. [REGISTRATION PROCEDURE WHEN PERSON LACKS 41.9 PRIMARY ADDRESS.] (a) If a person leaves a primary address and 41.10 does not have a new primary address, the person shall register 41.11 with the law enforcement authority that has jurisdiction in the 41.12 area where the person is staying within 24 hours of the time the 41.13 person no longer has a primary address. 41.14 (b) A person who lacks a primary address shall register 41.15 with the law enforcement authority that has jurisdiction in the 41.16 area where the person is staying within 24 hours after entering 41.17 the jurisdiction. Each time a person who lacks a primary 41.18 address moves to a new jurisdiction without acquiring a new 41.19 primary address, the person shall register with the law 41.20 enforcement authority that has jurisdiction in the area where 41.21 the person is staying within 24 hours after entering the 41.22 jurisdiction. 41.23 (c) Upon registering under this subdivision, the person 41.24 shall provide the law enforcement authority with all of the 41.25 information the individual is required to provide under 41.26 subdivision 4a. However, instead of reporting the person's 41.27 primary address, the person shall describe the location of where 41.28 the person is staying with as much specificity as possible. 41.29 (d) Except as otherwise provided in paragraph (e), if a 41.30 person continues to lack a primary address, the person shall 41.31 report in person on a weekly basis to the law enforcement 41.32 authority with jurisdiction in the area where the person is 41.33 staying. This weekly report shall occur between the hours of 41.34 9:00 a.m. and 5:00 p.m. The person is not required to provide 41.35 the registration information required under subdivision 4a each 41.36 time the offender reports to an authority, but the person shall 42.1 inform the authority of changes to any information provided 42.2 under this subdivision or subdivision 4a and shall otherwise 42.3 comply with this subdivision. 42.4 (e) If the law enforcement authority determines that it is 42.5 impractical, due to the person's unique circumstances, to 42.6 require a person lacking a primary address to report weekly and 42.7 in person as required under paragraph (d), the authority may 42.8 authorize the person to follow an alternative reporting 42.9 procedure. The authority shall consult with the person's 42.10 corrections agent, if the person has one, in establishing the 42.11 specific criteria of this alternative procedure, subject to the 42.12 following requirements: 42.13 (1) the authority shall document, in the person's 42.14 registration record, the specific reasons why the weekly 42.15 in-person reporting process is impractical for the person to 42.16 follow; 42.17 (2) the authority shall explain how the alternative 42.18 reporting procedure furthers the public safety objectives of 42.19 this section; 42.20 (3) the authority shall require the person lacking a 42.21 primary address to report in person at least monthly to the 42.22 authority or the person's corrections agent and shall specify 42.23 the location where the person shall report. If the authority 42.24 determines it would be more practical and would further public 42.25 safety for the person to report to another law enforcement 42.26 authority with jurisdiction where the person is staying, it may, 42.27 after consulting with the other law enforcement authority, 42.28 include this requirement in the person's alternative reporting 42.29 process; 42.30 (4) the authority shall require the person to comply with 42.31 the weekly, in-person reporting process required under paragraph 42.32 (d), if the person moves to a new area where this process would 42.33 be practical; 42.34 (5) the authority shall require the person to report any 42.35 changes to the registration information provided under 42.36 subdivision 4a and to comply with the periodic registration 43.1 requirements specified under paragraph (f); and 43.2 (6) the authority shall require the person to comply with 43.3 the requirements of subdivision 3, paragraphs (b) and (c), if 43.4 the person moves to a primary address. 43.5 (f) If a person continues to lack a primary address and 43.6 continues to report to the same law enforcement authority, the 43.7 person shall provide the authority with all of the information 43.8 the individual is required to provide under this subdivision and 43.9 subdivision 4a at least annually, unless the person is required 43.10 to register under subdivision 1b, paragraph (c), following 43.11 commitment pursuant to a court commitment under section 253B.185 43.12 or a similar law of another state or the United States. If the 43.13 person is required to register under subdivision 1b, paragraph 43.14 (c), the person shall provide the law enforcement authority with 43.15 all of the information the individual is required to report 43.16 under this subdivision and subdivision 4a at least once every 43.17 three months. 43.18 (g) A law enforcement authority receiving information under 43.19 this subdivision shall forward registration information and 43.20 changes to that information to the bureau within two business 43.21 days of receipt of the information. 43.22 (h) For purposes of this subdivision, a person who fails to 43.23 report a primary address will be deemed to be a person who lacks 43.24 a primary address, and the person shall comply with the 43.25 requirements for a person who lacks a primary address. 43.26 Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration 43.27 provided to the corrections agent or law enforcement authority, 43.28 must consist of a statement in writing signed by the person, 43.29 giving information required by the bureauof Criminal43.30Apprehension, a fingerprint card, and photograph of the person 43.31 taken at the time of the person's release from incarceration or, 43.32 if the person was not incarcerated, at the time the person 43.33 initially registered under this section. The registration 43.34 information also must include a written consent form signed by 43.35 the person allowing a treatment facility or residential housing 43.36 unit or shelter to release information to a law enforcement 44.1 officer about the person's admission to, or residence in, a 44.2 treatment facility or residential housing unit or shelter. 44.3 Registration information on adults and juveniles may be 44.4 maintained together notwithstanding section 260B.171, 44.5 subdivision 3. 44.6 (b) For persons required to register under subdivision144.7 1b, paragraph (c), following commitment pursuant to a court 44.8 commitment under section 253B.185 or a similar law of another 44.9 state or the United States, in addition to other information 44.10 required by this section, the registration provided to the 44.11 corrections agent or law enforcement authority must include the 44.12 person's offense history and documentation of treatment received 44.13 during the person's commitment. This documentationshall beis 44.14 limited to a statement of how far the person progressed in 44.15 treatment during commitment. 44.16 (c) Within three days of receipt, the corrections agent or 44.17 law enforcement authority shall forward the registration 44.18 information to the bureauof Criminal Apprehension. The bureau 44.19 shall ascertain whether the person has registered with the law 44.20 enforcement authoritywhere the person residesin the area of 44.21 the person's primary address, if any, or if the person lacks a 44.22 primary address, where the person is staying, as required by 44.23 subdivision 3a. If the person has not registered with the law 44.24 enforcement authority, the bureau shall send one copy to that 44.25 authority. 44.26 (d) The corrections agent or law enforcement authority may 44.27 require that a person required to register under this section 44.28 appear before the agent or authority to be photographed. The 44.29 agent or authority shall forward the photograph to the bureauof44.30Criminal Apprehension. 44.31 The agent or authority shall require a person required to 44.32 register under this section who is classified as a level III 44.33 offender under section 244.052 to appear before the agent or 44.34 authority at least every six months to be photographed. 44.35 (e) During the period a person is required to register 44.36 under this section, the followingshallprovisions apply: 45.1 (1) Except for persons registering under subdivision 3a, 45.2 the bureauof Criminal Apprehensionshall mail a verification 45.3 form to thelast reported address of theperson'sresidencelast 45.4 reported primary address. This verification formshallmust 45.5 provide notice to the offender that, if the offender does not 45.6 return the verification form as required, information about the 45.7 offender may be made available to the public through electronic, 45.8 computerized, or other accessible means. For persons who are 45.9 registered under subdivision 3a, the bureau shall mail an annual 45.10 verification form to the law enforcement authority where the 45.11 offender most recently reported. The authority shall provide 45.12 the verification form to the person at the next weekly meeting 45.13 and ensure that the person completes and signs the form and 45.14 returns it to the bureau. 45.15 (2) The person shall mail the signed verification form back 45.16 to the bureauof Criminal Apprehensionwithin ten days after 45.17 receipt of the form, stating on the form the current and last 45.18 address of the person's residence and the other information 45.19 required under subdivision 4a. 45.20 (3) In addition to the requirements listed in this section, 45.21 a person who is assigned to risk level II or III under section 45.22 244.052, and who is no longer under correctional supervision for 45.23 a registration offense, or a failure to register offense, but 45.24 who resides, works, or attends school in Minnesota, shall have 45.25 an annual in-person contact with a law enforcement authority as 45.26 provided in this section. If the person resides in Minnesota, 45.27 the annual in-person contact shall be with the law enforcement 45.28 authority that has jurisdiction over the person's primary 45.29 address or, if the person has no address, the location where the 45.30 person is staying. If the person does not reside in Minnesota 45.31 but works or attends school in this state, the person shall have 45.32 an annual in-person contact with the law enforcement authority 45.33 or authorities with jurisdiction over the person's school or 45.34 workplace. During the month of the person's birth date, the 45.35 person shall report to the authority to verify the accuracy of 45.36 the registration information and to be photographed. Within 46.1 three days of this contact, the authority shall enter 46.2 information as required by the bureau into the predatory 46.3 offender registration database and submit an updated photograph 46.4 of the person to the bureau's predatory offender registration 46.5 unit. 46.6 (4) If the person fails to mail the completed and signed 46.7 verification form to the bureauof Criminal Apprehensionwithin 46.8 ten days after receipt of the form, or if the person fails to 46.9 report to the law enforcement authority during the month of the 46.10 person's birth date, the personshall beis in violation of this 46.11 section. 46.12 (5) For any person who fails to mail the completed and 46.13 signed verification form to the bureau within ten days after 46.14 receipt of the form and who has been determined to be a risk 46.15 level III offender under section 244.052, the bureau shall 46.16 immediately investigate and notify local law enforcement 46.17 authorities to investigate the person's location and to ensure 46.18 compliance with this section. The bureau also shall immediately 46.19 give notice of the person's violation of this section to the law 46.20 enforcement authority having jurisdiction over the person's last 46.21 registered address or addresses. 46.22 For persons required to register under subdivision11b, 46.23 paragraph (c), following commitment pursuant to a court 46.24 commitment under section 253B.185 or a similar law of another 46.25 state or the United States, the bureau shall comply with clause 46.26 (1) at least four times each year. For persons who, under 46.27 section 244.052, are assigned to risk level III and who are no 46.28 longer under correctional supervision for a registration offense 46.29 or a failure to register offense, the bureau shall comply with 46.30 clause (1) at least two times each year. For all other persons 46.31 required to register under this section, the bureau shall comply 46.32 with clause (1) each year within 30 days of the anniversary date 46.33 of the person's initial registration. 46.34 (f) When sending out a verification form, the bureauof46.35Criminal Apprehension mustshall determine whether the person to 46.36 whom the verification form is being sent has signed a written 47.1 consent form as provided for in paragraph (a). If the person 47.2 has not signed such a consent form, the bureauof Criminal47.3Apprehension mustshall send a written consent form to the 47.4 person along with the verification form. A person who receives 47.5 this written consent formmustshall sign and return it to the 47.6 bureauof Criminal Apprehensionat the same time as the 47.7 verification form. 47.8(g) For the purposes of this subdivision, "treatment47.9facility" means a residential facility, as defined in section47.10244.052, subdivision 1, and residential chemical dependency47.11treatment programs and halfway houses licensed under chapter47.12245A, including, but not limited to, those facilities directly47.13or indirectly assisted by any department or agency of the United47.14States.47.15 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a)As47.16used in this section:47.17(1) "motor vehicle" has the meaning given "vehicle" in47.18section 169.01, subdivision 2;47.19(2) "primary residence" means any place where the person47.20resides longer than 14 days or that is deemed a primary47.21residence by a person's corrections agent, if one is assigned to47.22the person; and47.23(3) "secondary residence" means any place where the person47.24regularly stays overnight when not staying at the person's47.25primary residence, and includes, but is not limited to:47.26(i) the person's parent's home if the person is a student47.27and stays at the home at times when the person is not staying at47.28school, including during the summer; and47.29(ii) the home of someone with whom the person has a minor47.30child in common where the child's custody is shared.47.31(b)A person required to register under this section shall 47.32 provide to the corrections agent or law enforcement authority 47.33 the following information: 47.34 (1) theaddress of theperson's primaryresidenceaddress; 47.35 (2)the addresses ofall of the person's secondary 47.36residencesaddresses in Minnesota, including all addresses used 48.1 for residential or recreational purposes; 48.2 (3) the addresses of all Minnesota property owned, leased, 48.3 or rented by the person; 48.4 (4) the addresses of all locations where the person is 48.5 employed; 48.6 (5) the addresses of allresidencesschools where the 48.7 personresides while attending schoolis enrolled; and 48.8 (6) the year, model, make, license plate number, and color 48.9 of all motor vehicles owned or regularly driven by the person. 48.10(c)(b) The person shall report to the agent or authority 48.11 the information required to be provided under paragraph(b)(a), 48.12 clauses (2) to (6), within five days of the date the clause 48.13 becomes applicable. If because of a change in circumstances any 48.14 information reported under paragraph(b)(a), clauses (1) to 48.15 (6), no longer applies, the person shall immediately inform the 48.16 agent or authority that the information is no longer valid. If 48.17 the person leaves a primary address and does not have a new 48.18 primary address, the person shall register as provided in 48.19 subdivision 3a. 48.20 Subd. 4b. [HEALTH CARE FACILITY; NOTICE OF STATUS.] (a) 48.21 Upon admission to a health care facility, a person required to 48.22 register under this section shall immediately disclose to: 48.23 (1) the health care facility employee processing the 48.24 admission, the person's status as a registered sex offender 48.25 under this section; 48.26 (2) the person's supervision agent, if the person is under 48.27 supervision at the time of admission, that inpatient admission 48.28 has occurred; and 48.29 (3) the law enforcement authority with whom the person 48.30 registers, if the person is subject to registration under this 48.31 section, that inpatient admission has occurred. 48.32 (b) "Health care facility" means a hospital or other entity 48.33 licensed under sections 144.50 to 144.58, nursing facilities 48.34 certified for participation in the federal Medicare or Medicaid 48.35 programs and licensed as a nursing home under chapter 144A, a 48.36 boarding care home under sections 144.50 to 144.56, or a group 49.1 residential housing facility or an intermediate care facility 49.2 for the mentally retarded licensed under chapter 245A. 49.3 (c) A person required to inform persons or entities under 49.4 paragraph (a), clauses (1) to (3), of the person's status as a 49.5 registered sex offender, who knowingly fails to provide this 49.6 information to the persons or entities, is guilty of a felony 49.7 and may be sentenced to imprisonment for not more than five 49.8 years or to payment of a fine of not more than $10,000, or both. 49.9 Subd. 4c. [HEALTH CARE FACILITY; LAW ENFORCEMENT 49.10 NOTIFICATION DUTY.] A law enforcement authority or corrections 49.11 agent shall notify the administrator of a health care facility, 49.12 as defined in subdivision 4b, as soon as it comes to the 49.13 attention of the authority or agent that a person required to 49.14 register under this section has been admitted and is receiving 49.15 health care at the facility. 49.16 Subd. 5. [CRIMINAL PENALTY.] (a) A person required to 49.17 register under this section who knowingly violates any of its 49.18 provisions or intentionally provides false information to a 49.19 corrections agent, law enforcement authority, or the bureauof49.20Criminal Apprehensionis guilty of a felony and may be sentenced 49.21 to imprisonment for not more than five years or to payment of a 49.22 fine of not more than $10,000, or both. 49.23 (b) Except as provided in paragraph (c), a person convicted 49.24 of violating paragraph (a) shall be committed to the custody of 49.25 the commissioner of corrections for not less than a year and a 49.26 day, nor more than five years. 49.27 (c) A person convicted of violating paragraph (a), who has 49.28 previously been convicted of or adjudicated delinquent for 49.29 violating this section or a similar statute of another state or 49.30 the United States, shall be committed to the custody of the 49.31 commissioner of corrections for not less than two years, nor 49.32 more than five years. 49.33 (d) Prior to the time of sentencing, the prosecutor may 49.34 file a motion to have the person sentenced without regard to the 49.35 mandatory minimum sentence established by this subdivision. The 49.36 motionshallmust be accompanied by a statement on the record of 50.1 the reasons for it. When presented with the motion, or on its 50.2 own motion, the court may sentence the person without regard to 50.3 the mandatory minimum sentence if the court finds substantial 50.4 and compelling reasons to do so. Sentencing a person in the 50.5 manner described in this paragraph is a departure from the 50.6 Sentencing Guidelines. 50.7 (e) A person convicted and sentenced as required by this 50.8 subdivision is not eligible for probation, parole, discharge, 50.9 work release, conditional release, or supervised release, until 50.10 that person has served the full term of imprisonment as provided 50.11 by law, notwithstanding the provisions of sections 241.26, 50.12 242.19, 243.05, 244.04, 609.12, and 609.135. 50.13 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the 50.14 provisions of section 609.165, subdivision 1, and except as 50.15 provided in paragraphs (b), (c), and (d), a person required to 50.16 register under this section shall continue to comply with this 50.17 section until ten years have elapsed since the person initially 50.18 registered in connection with the offense, or until the 50.19 probation, supervised release, or conditional release period 50.20 expires, whichever occurs later. For a person required to 50.21 register under this section who is committed under section 50.22 253B.18 or 253B.185, the ten-year registration period does not 50.23 include the period of commitment. 50.24 (b) If a person required to register under this section 50.25 fails toregister following a change in residenceprovide the 50.26 person's primary address as required by subdivision 3, paragraph 50.27 (b), fails to comply with the requirements of subdivision 3a, 50.28 fails to provide information as required by subdivision 4a, or 50.29 fails to return the verification form referenced in subdivision 50.30 4 within ten days, the commissioner of public safety may require 50.31 the person to continue to register for an additional period of 50.32 five years. This five-year period is added to the end of the 50.33 offender's registration period. 50.34 (c) If a person required to register under this section is 50.35 subsequently incarcerated following a conviction for a new 50.36 offense or following a revocation of probation, supervised 51.1 release, or conditional release forthatany offense, or a51.2conviction for any new offense, the person shall continue to 51.3 register until ten years have elapsed since the person was last 51.4 released from incarceration or until the person's probation, 51.5 supervised release, or conditional release period expires, 51.6 whichever occurs later. 51.7 (d) A person shall continue to comply with this section for 51.8 the life of that person: 51.9 (1) if the person is convicted of or adjudicated delinquent 51.10 for any offense for which registration is required under 51.11 subdivision11b, or any offense from another state or any 51.12 federal offense similar to the offenses described in subdivision 51.1311b, and the person has a prior conviction or adjudication for 51.14 an offense for which registration was or would have been 51.15 required under subdivision11b, or an offense from another 51.16 state or a federal offense similar to an offense described in 51.17 subdivision11b; 51.18 (2) if the person is required to register based upon a 51.19 conviction or delinquency adjudication for an offense under 51.20 section 609.185, clause (2), or a similar statute from another 51.21 state or the United States; 51.22 (3) if the person is required to register based upon a 51.23 conviction for an offense under section 609.342, subdivision 1, 51.24 paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 51.25 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 51.26 subdivision 1, paragraph (a), (c), or (g); or 609.345, 51.27 subdivision 1, paragraph (a), (c), or (g); or a statute from 51.28 another state or the United States similar to the offenses 51.29 described in this clause; or 51.30 (4) if the person is required to register under subdivision 51.3111b, paragraph (c), following commitment pursuant to a court 51.32 commitment under section 253B.185 or a similar law of another 51.33 state or the United States. 51.34 Subd. 7. [USE OF INFORMATION.] Except as otherwise 51.35 provided in subdivision 7a or sections 244.052 and 299C.093, the 51.36 information provided under this section is private data on 52.1 individuals under section 13.02, subdivision 12. The 52.2 information may be used only for law enforcement purposes. 52.3 Subd. 7a. [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 52.4 ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureauof52.5Criminal Apprehensionmay make information available to the 52.6 public about offenders who are 16 years of age or older and who 52.7 are out of compliance with this section for 30 days or longer 52.8 for failure to provide theaddress of theoffenders' primary or 52.9 secondaryresidencesaddresses. This information may be made 52.10 available to the public through electronic, computerized, or 52.11 other accessible means. The amount and type of information made 52.12 availableshall beis limited to the information necessary for 52.13 the public to assist law enforcement in locating the offender. 52.14 (b) An offender who comes into compliance with this section 52.15 after the bureauof Criminal Apprehensiondiscloses information 52.16 about the offender to the public may send a written request to 52.17 the bureau requesting the bureau to treat information about the 52.18 offender as private data, consistent with subdivision 7. The 52.19 bureau shall review the request and promptly take reasonable 52.20 action to treat the data as private, if the offender has 52.21 complied with the requirement that the offender providethe52.22addresses ofthe offender's primary and secondaryresidences52.23 addresses, or promptly notify the offender that the information 52.24 will continue to be treated as public information and the 52.25 reasons for the bureau's decision. 52.26 (c) If an offender believes the information made public 52.27 about the offender is inaccurate or incomplete, the offender may 52.28 challenge the data under section 13.04, subdivision 4. 52.29 (d) The bureauof Criminal Apprehensionis immune from any 52.30 civil or criminal liability that might otherwise arise, based on 52.31 the accuracy or completeness of any information made public 52.32 under this subdivision, if the bureau acts in good faith. 52.33Subd. 8. [LAW ENFORCEMENT AUTHORITY.] For purposes of this52.34section, a law enforcement authority means, with respect to a52.35home rule charter or statutory city, the chief of police, and52.36with respect to an unincorporated area, the sheriff of the53.1county.53.2 Subd. 9. [OFFENDERS FROM OTHER STATES.] (a) When the state 53.3 accepts an offender from another state under a reciprocal 53.4 agreement under the interstate compact authorized by section 53.5 243.16, the interstate compact authorized by section 243.1605, 53.6 or under any authorized interstate agreement, the acceptance is 53.7 conditional on the offender agreeing to register under this 53.8 section when the offender is living in Minnesota. 53.9 (b) The Bureau of Criminal Apprehension shall notify the 53.10 commissioner of corrections: 53.11 (1) when the bureau receives notice from a local law 53.12 enforcement authority that a person from another state who is 53.13 subject to this section has registered with the authority, 53.14 unless the bureau previously received information about the 53.15 offender from the commissioner of corrections; 53.16 (2) when a registration authority, corrections agent, or 53.17 law enforcement agency in another state notifies the bureau that 53.18 a person from another state who is subject to this section is 53.19 moving to Minnesota; and 53.20 (3) when the bureau learns that a person from another state 53.21 is in Minnesota and allegedly in violation of subdivision 5 for 53.22 failure to register. 53.23 (c) When a local law enforcement agency notifies the bureau 53.24 of an out-of-state offender's registration, the agency shall 53.25 provide the bureau with information on whether the person is 53.26 subject to community notification in another state and the risk 53.27 level the person was assigned, if any. 53.28 (d) The bureau must forward all information it receives 53.29 regarding offenders covered under this subdivision from sources 53.30 other than the commissioner of corrections to the commissioner. 53.31 (e) When the bureau receives information directly from a 53.32 registration authority, corrections agent, or law enforcement 53.33 agency in another state that a person who may be subject to this 53.34 section is moving to Minnesota, the bureau must ask whether the 53.35 person entering the state is subject to community notification 53.36 in another state and the risk level the person has been 54.1 assigned, if any. 54.2 (f) When the bureau learns that a person subject to this 54.3 section intends to move into Minnesota from another state or has 54.4 moved into Minnesota from another state, the bureau shall notify 54.5 the law enforcement authority with jurisdiction in the area of 54.6 the person's primary address and provide all information 54.7 concerning the person that is available to the bureau. 54.8 (g) The commissioner of corrections must determine the 54.9 parole, supervised release, or conditional release status of 54.10 persons who are referred to the commissioner under this 54.11 subdivision. If the commissioner determines that a person is 54.12 subject to parole, supervised release, or conditional release in 54.13 another state and is not registered in Minnesota under the 54.14 applicable interstate compact, the commissioner shall inform the 54.15 local law enforcement agency that the person is in violation of 54.16 section 243.161. If the person is not subject to supervised 54.17 release, the commissioner shall notify the bureau and the local 54.18 law enforcement agency of the person's status. 54.19 Subd. 10. [VENUE; AGGREGATION.] (a) A violation of this 54.20 section may be prosecuted in any jurisdiction where an offense 54.21 takes place. However, the prosecutorial agency in the 54.22 jurisdiction where the person last registered a primary address 54.23 is initially responsible to review the case for prosecution. 54.24 (b) When a person commits two or more offenses in two or 54.25 more counties, the accused may be prosecuted for all of the 54.26 offenses in any county in which one of the offenses was 54.27 committed. 54.28 Subd. 11. [CERTIFIED COPIES AS EVIDENCE.] Certified copies 54.29 of predatory offender registration records are admissible as 54.30 substantive evidence when necessary to prove the commission of a 54.31 violation of this section. 54.32 [EFFECTIVE DATE.] The provisions of this section, except 54.33 for subdivision 5a, are effective the day following final 54.34 enactment, and apply to persons subject to predatory offender 54.35 registration on or after that date, except for subdivision 9, 54.36 which is effective July 1, 2005, and subdivision 4, paragraph 55.1 (e), clause (3), is effective December 1, 2005. Subdivision 5a 55.2 is effective August 1, 2005, and applies to crimes committed on 55.3 or after that date. Subdivision 6, paragraph (c), is effective 55.4 August 1, 2005, and applies to any offense, revocation of 55.5 probation, supervised release, or conditional release that 55.6 occurs on or after that date. 55.7 Sec. 4. Minnesota Statutes 2004, section 243.167, is 55.8 amended to read: 55.9 243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER 55.10 REGISTRATION LAW FOR OTHER OFFENSES.] 55.11 Subdivision 1. [DEFINITION.] As used in this section, 55.12 "crime against the person" means a violation of any of the 55.13 following or a similar law of another state or of the United 55.14 States: section 609.165; 609.185; 609.19; 609.195; 609.20; 55.15 609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, 55.16 subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 55.17 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 55.18 2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, 55.19 subdivision 2; or any felony-level violation of section 609.229; 55.20 609.377; 609.749; or 624.713. 55.21 Subd. 2. [WHEN REQUIRED.] (a) In addition to the 55.22 requirements of section 243.166, a person also shall register 55.23 under section 243.166 if: 55.24 (1) the person is convicted of a crime against the person; 55.25 and 55.26 (2) the person was previously convicted of or adjudicated 55.27 delinquent for an offense listed in section 243.166,subdivision55.281, paragraph (a),but was not required to register for the 55.29 offense because the registration requirements of that section 55.30 did not apply to the person at the time the offense was 55.31 committed or at the time the person was released from 55.32 imprisonment. 55.33 (b) A person who was previously required to registerunder55.34section 243.166in any state and who has completed the 55.35 registration requirements of thatsectionstate shall again 55.36 register under section 243.166 if the person commits a crime 56.1 against the person. 56.2 [EFFECTIVE DATE.] This section is effective August 1, 2005, 56.3 and applies to crimes committed on or after that date. 56.4 Sec. 5. Minnesota Statutes 2004, section 244.05, 56.5 subdivision 7, is amended to read: 56.6 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 56.7 (a) Before the commissioner releases from prison any inmate 56.8 convicted under sections 609.342 to 609.345 or sentenced as a 56.9 patterned offender under section 609.108, and determined by the 56.10 commissioner to be in a high risk category, the commissioner 56.11 shall make a preliminary determination whether, in the 56.12 commissioner's opinion, a petition under section 253B.185 may be 56.13 appropriate. The commissioner's opinion must be based on a 56.14 recommendation of a Department of Corrections screening 56.15 committee and a legal review and recommendation from a 56.16 representative of the Office of the Attorney General 56.17 knowledgeable in the legal requirements of the civil commitment 56.18 process. 56.19 (b) In making this decision, the commissioner shall have 56.20 access to the following data only for the purposes of the 56.21 assessment and referral decision: 56.22 (1) private medical data under section 13.384 or 144.335, 56.23 or welfare data under section 13.46 that relate to medical 56.24 treatment of the offender; 56.25 (2) private and confidential court services data under 56.26 section 13.84; 56.27 (3) private and confidential corrections data under section 56.28 13.85; and 56.29 (4) private criminal history data under section 13.87. 56.30 (c) If the commissioner determines that a petition may be 56.31 appropriate, the commissioner shall forward this determination, 56.32 along with a summary of the reasons for the determination, to 56.33 the county attorney in the county where the inmate was convicted 56.34 no later than 12 months before the inmate's release date. If 56.35 the inmate is received for incarceration with fewer than 12 56.36 months remaining in the inmate's term of imprisonment, or if the 57.1 commissioner receives additional information less than 12 months 57.2 before releasewhichthat makes the inmate's case appropriate 57.3 for referral, the commissioner shall forward the determination 57.4 as soon as is practicable. Upon receiving the commissioner's 57.5 preliminary determination, the county attorney shall proceed in 57.6 the manner provided in section 253B.185. The commissioner shall 57.7 release to the county attorney all requested documentation 57.8 maintained by the department. 57.9 [EFFECTIVE DATE.] This section is effective the day 57.10 following final enactment. 57.11 Sec. 6. Minnesota Statutes 2004, section 244.052, 57.12 subdivision 3, is amended to read: 57.13 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 57.14 commissioner of corrections shall establish and administer 57.15 end-of-confinement review committees at each state correctional 57.16 facility and at each state treatment facility where predatory 57.17 offenders are confined. The committees shall assess on a 57.18 case-by-case basis the public risk posed by predatory offenders 57.19 who are about to be released from confinement. 57.20 (b) Each committee shall be a standing committee and shall 57.21 consist of the following members appointed by the commissioner: 57.22 (1) the chief executive officer or head of the correctional 57.23 or treatment facility where the offender is currently confined, 57.24 or that person's designee; 57.25 (2) a law enforcement officer; 57.26 (3) a treatment professional who is trained in the 57.27 assessment of sex offenders; 57.28 (4) a caseworker experienced in supervising sex offenders; 57.29 and 57.30 (5) a victim's services professional. 57.31 Members of the committee, other than the facility's chief 57.32 executive officer or head, shall be appointed by the 57.33 commissioner to two-year terms. The chief executive officer or 57.34 head of the facility or designee shall act as chair of the 57.35 committee and shall use the facility's staff, as needed, to 57.36 administer the committee, obtain necessary information from 58.1 outside sources, and prepare risk assessment reports on 58.2 offenders. 58.3 (c) The committee shall have access to the following data 58.4 on a predatory offender only for the purposes of its assessment 58.5 and to defend the committee's risk assessment determination upon 58.6 administrative review under this section: 58.7 (1) private medical data under section 13.384 or 144.335, 58.8 or welfare data under section 13.46 that relate to medical 58.9 treatment of the offender; 58.10 (2) private and confidential court services data under 58.11 section 13.84; 58.12 (3) private and confidential corrections data under section 58.13 13.85; and 58.14 (4) private criminal history data under section 13.87. 58.15 Data collected and maintained by the committee under this 58.16 paragraph may not be disclosed outside the committee, except as 58.17 provided under section 13.05, subdivision 3 or 4. The predatory 58.18 offender has access to data on the offender collected and 58.19 maintained by the committee, unless the data are confidential 58.20 data received under this paragraph. 58.21 (d)(i) Except as otherwise provided in item (ii), at least 58.22 90 days before a predatory offender is to be released from 58.23 confinement, the commissioner of corrections shall convene the 58.24 appropriate end-of-confinement review committee for the purpose 58.25 of assessing the risk presented by the offender and determining 58.26 the risk level to which the offender shall be assigned under 58.27 paragraph (e). The offender and the law enforcement agency that 58.28 was responsible for the charge resulting in confinement shall be 58.29 notified of the time and place of the committee's meeting. The 58.30 offender has a right to be present and be heard at the meeting. 58.31 The law enforcement agency may provide material in writing that 58.32 is relevant to the offender's risk level to the chair of the 58.33 committee. The committee shall use the risk factors described 58.34 in paragraph (g) and the risk assessment scale developed under 58.35 subdivision 2 to determine the offender's risk assessment score 58.36 and risk level. Offenders scheduled for release from 59.1 confinement shall be assessed by the committee established at 59.2 the facility from which the offender is to be released. 59.3 (ii) If an offender is received for confinement in a 59.4 facility with less than 90 days remaining in the offender's term 59.5 of confinement, the offender's risk shall be assessed at the 59.6 first regularly scheduled end of confinement review committee 59.7 that convenes after the appropriate documentation for the risk 59.8 assessment is assembled by the committee. The commissioner 59.9 shall make reasonable efforts to ensure that offender's risk is 59.10 assessed and a risk level is assigned or reassigned at least 30 59.11 days before the offender's release date. 59.12 (e) The committee shall assign to risk level I a predatory 59.13 offender whose risk assessment score indicates a low risk of 59.14 reoffense. The committee shall assign to risk level II an 59.15 offender whose risk assessment score indicates a moderate risk 59.16 of reoffense. The committee shall assign to risk level III an 59.17 offender whose risk assessment score indicates a high risk of 59.18 reoffense. 59.19 (f) Before the predatory offender is released from 59.20 confinement, the committee shall prepare a risk assessment 59.21 report which specifies the risk level to which the offender has 59.22 been assigned and the reasons underlying the committee's risk 59.23 assessment decision. The committee shall give the report to the 59.24 offender and to the law enforcement agency at least 60 days 59.25 before an offender is released from confinement. If the risk 59.26 assessment is performed under the circumstances described in 59.27 paragraph (d), item (ii), the report shall be given to the 59.28 offender and the law enforcement agency as soon as it is 59.29 available. The committee also shall inform the offender of the 59.30 availability of review under subdivision 6. 59.31 (g) As used in this subdivision, "risk factors" includes, 59.32 but is not limited to, the following factors: 59.33 (1) the seriousness of the offense should the offender 59.34 reoffend. This factor includes consideration of the following: 59.35 (i) the degree of likely force or harm; 59.36 (ii) the degree of likely physical contact; and 60.1 (iii) the age of the likely victim; 60.2 (2) the offender's prior offense history. This factor 60.3 includes consideration of the following: 60.4 (i) the relationship of prior victims to the offender; 60.5 (ii) the number of prior offenses or victims; 60.6 (iii) the duration of the offender's prior offense history; 60.7 (iv) the length of time since the offender's last prior 60.8 offense while the offender was at risk to commit offenses; and 60.9 (v) the offender's prior history of other antisocial acts; 60.10 (3) the offender's characteristics. This factor includes 60.11 consideration of the following: 60.12 (i) the offender's response to prior treatment efforts; and 60.13 (ii) the offender's history of substance abuse; 60.14 (4) the availability of community supports to the offender. 60.15 This factor includes consideration of the following: 60.16 (i) the availability and likelihood that the offender will 60.17 be involved in therapeutic treatment; 60.18 (ii) the availability of residential supports to the 60.19 offender, such as a stable and supervised living arrangement in 60.20 an appropriate location; 60.21 (iii) the offender's familial and social relationships, 60.22 including the nature and length of these relationships and the 60.23 level of support that the offender may receive from these 60.24 persons; and 60.25 (iv) the offender's lack of education or employment 60.26 stability; 60.27 (5) whether the offender has indicated or credible evidence 60.28 in the record indicates that the offender will reoffend if 60.29 released into the community; and 60.30 (6) whether the offender demonstrates a physical condition 60.31 that minimizes the risk of reoffense, including but not limited 60.32 to, advanced age or a debilitating illness or physical condition. 60.33 (h) Upon the request of the law enforcement agency or the 60.34 offender's corrections agent, the commissioner may reconvene the 60.35 end-of-confinement review committee for the purpose of 60.36 reassessing the risk level to which an offender has been 61.1 assigned under paragraph (e). In a request for a reassessment, 61.2 the law enforcement agency which was responsible for the charge 61.3 resulting in confinement or agent shall list the facts and 61.4 circumstances arising after the initial assignment or facts and 61.5 circumstances known to law enforcement or the agent but not 61.6 considered by the committee under paragraph (e) which support 61.7 the request for a reassessment. The request for reassessment by 61.8 the law enforcement agency must occur within 30 days of receipt 61.9 of the report indicating the offender's risk level assignment. 61.10 The offender's corrections agent, in consultation with the chief 61.11 law enforcement officer in the area where the offender resides 61.12 or intends to reside, may request a review of a risk level at 61.13 any time if substantial evidence exists that the offender's risk 61.14 level should be reviewed by an end-of-confinement review 61.15 committee. This evidence includes, but is not limited to, 61.16 evidence of treatment failures or completions, evidence of 61.17 exceptional crime-free community adjustment or lack of 61.18 appropriate adjustment, evidence of substantial community need 61.19 to know more about the offender or mitigating circumstances that 61.20 would narrow the proposed scope of notification, or other 61.21 practical situations articulated and based in evidence of the 61.22 offender's behavior while under supervision. Upon review of the 61.23 request, the end-of-confinement review committee may reassign an 61.24 offender to a different risk level. If the offender is 61.25 reassigned to a higher risk level, the offender has the right to 61.26 seek review of the committee's determination under subdivision 6. 61.27 (i) An offender may request the end-of-confinement review 61.28 committee to reassess the offender's assigned risk level after 61.29 three years have elapsed since the committee's initial risk 61.30 assessment and may renew the request once every two years 61.31 following subsequent denials. In a request for reassessment, 61.32 the offender shall list the facts and circumstances which 61.33 demonstrate that the offender no longer poses the same degree of 61.34 risk to the community. In order for a request for a risk level 61.35 reduction to be granted, the offender must demonstrate full 61.36 compliance with supervised release conditions, completion of 62.1 required post-release treatment programming, and full compliance 62.2 with all registration requirements as detailed in section 62.3 243.166. The offender must also not have been convicted of any 62.4 felony, gross misdemeanor, or misdemeanor offenses subsequent to 62.5 the assignment of the original risk level. The committee shall 62.6 follow the process outlined in paragraphs (a) to (c) in the 62.7 reassessment. An offender who is incarcerated may not request a 62.8 reassessment under this paragraph. 62.9 (j) Offenders returned to prison as release violators shall 62.10 not have a right to a subsequent risk reassessment by the 62.11 end-of-confinement review committee unless substantial evidence 62.12 indicates that the offender's risk to the public has increased. 62.13 (k)The commissioner shall establish an end-of-confinement62.14review committee to assign a risk level to offenders who are62.15released from a federal correctional facility in Minnesota or62.16another state and who intend to reside in Minnesota, and to62.17offenders accepted from another state under a reciprocal62.18agreement for parole supervision under the interstate compact62.19authorized by section 243.16. The committee shall make62.20reasonable efforts to conform to the same timelines as applied62.21to Minnesota cases. Offenders accepted from another state under62.22a reciprocal agreement for probation supervision are not62.23assigned a risk level, but are considered downward dispositional62.24departures. The probation or court services officer and law62.25enforcement officer shall manage such cases in accordance with62.26section 244.10, subdivision 2a. The policies and procedures of62.27the committee for federal offenders and interstate compact cases62.28must be in accordance with all requirements as set forth in this62.29section, unless restrictions caused by the nature of federal or62.30interstate transfers prevents such conformance.62.31(l)If the committee assigns a predatory offender to risk 62.32 level III, the committee shall determine whether residency 62.33 restrictions shall be included in the conditions of the 62.34 offender's release based on the offender's pattern of offending 62.35 behavior. 62.36 [EFFECTIVE DATE.] This section is effective July 1, 2005, 63.1 and applies to persons subject to community notification on or 63.2 after that date. 63.3 Sec. 7. Minnesota Statutes 2004, section 244.052, is 63.4 amended by adding a subdivision to read: 63.5 Subd. 3a. [OFFENDERS FROM OTHER STATES AND OFFENDERS 63.6 RELEASED FROM FEDERAL FACILITIES.] (a) Except as provided in 63.7 paragraph (b), the commissioner shall establish an 63.8 end-of-confinement review committee to assign a risk level: 63.9 (1) to offenders who are released from a federal 63.10 correctional facility in Minnesota or a federal correctional 63.11 facility in another state and who intend to reside in Minnesota; 63.12 (2) to offenders who are accepted from another state under 63.13 the interstate compact authorized by section 243.16 or 243.1605 63.14 or any other authorized interstate agreement; and 63.15 (3) to offenders who are referred to the committee by local 63.16 law enforcement agencies under paragraph (f). 63.17 (b) This subdivision does not require the commissioner to 63.18 convene an end-of-confinement review committee for a person 63.19 coming into Minnesota who is subject to probation under another 63.20 state's law. The probation or court services officer and law 63.21 enforcement officer shall manage such cases in accordance with 63.22 section 244.10, subdivision 2a. 63.23 (c) The committee shall make reasonable efforts to conform 63.24 to the same timelines applied to offenders released from a 63.25 Minnesota correctional facility and shall collect all relevant 63.26 information and records on offenders assessed and assigned a 63.27 risk level under this subdivision. However, for offenders who 63.28 were assigned the most serious risk level by another state, the 63.29 committee must act promptly to collect the information required 63.30 under this paragraph. 63.31 The end-of-confinement review committee must proceed in 63.32 accordance with all requirements set forth in this section and 63.33 follow all policies and procedures applied to offenders released 63.34 from a Minnesota correctional facility in reviewing information 63.35 and assessing the risk level of offenders covered by this 63.36 subdivision, unless restrictions caused by the nature of federal 64.1 or interstate transfers prevent such conformance. All of the 64.2 provisions of this section apply to offenders who are assessed 64.3 and assigned a risk level under this subdivision. 64.4 (d) If a local law enforcement agency learns or suspects 64.5 that a person who is subject to this section is living in 64.6 Minnesota and a risk level has not been assigned to the person 64.7 under this section, the law enforcement agency shall provide 64.8 this information to the Bureau of Criminal Apprehension and the 64.9 commissioner of corrections within three business days. 64.10 (e) If the commissioner receives reliable information from 64.11 a local law enforcement agency or the bureau that a person 64.12 subject to this section is living in Minnesota and a local law 64.13 enforcement agency so requests, the commissioner must determine 64.14 if the person was assigned a risk level under a law comparable 64.15 to this section. If the commissioner determines that the law is 64.16 comparable and public safety warrants, the commissioner, within 64.17 three business days of receiving a request, shall notify the 64.18 local law enforcement agency that it may, in consultation with 64.19 the department, proceed with notification under subdivision 4 64.20 based on the person's out-of-state risk level. However, if the 64.21 commissioner concludes that the offender is from a state with a 64.22 risk level assessment law that is not comparable to this 64.23 section, the extent of the notification may not exceed that of a 64.24 risk level II offender under subdivision 4, paragraph (b), 64.25 unless the requirements of paragraph (f) have been met. If an 64.26 assessment is requested from the end-of-confinement review 64.27 committee under paragraph (f), the local law enforcement agency 64.28 may continue to disclose information under subdivision 4 until 64.29 the committee assigns the person a risk level. After the 64.30 committee assigns a risk level to an offender pursuant to a 64.31 request made under paragraph (f), the information disclosed by 64.32 law enforcement shall be consistent with the risk level assigned 64.33 by the end-of-confinement review committee. The commissioner of 64.34 corrections, in consultation with legal advisers, shall 64.35 determine whether the law of another state is comparable to this 64.36 section. 65.1 (f) If the local law enforcement agency wants to make a 65.2 broader disclosure than is authorized under paragraph (e), the 65.3 law enforcement agency may request that an end-of-confinement 65.4 review committee assign a risk level to the offender. The local 65.5 law enforcement agency shall provide to the committee all 65.6 information concerning the offender's criminal history, the risk 65.7 the offender poses to the community, and other relevant 65.8 information. The department shall attempt to obtain other 65.9 information relevant to determining which risk level to assign 65.10 the offender. The committee shall promptly assign a risk level 65.11 to an offender referred to the committee under this paragraph. 65.12 [EFFECTIVE DATE.] This section is effective July 1, 2005, 65.13 and applies to persons subject to community notification on or 65.14 after that date. 65.15 Sec. 8. Minnesota Statutes 2004, section 244.052, 65.16 subdivision 4, is amended to read: 65.17 Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 65.18 INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 65.19 area where the predatory offender resides, expects to reside, is 65.20 employed, or is regularly found, shall disclose to the public 65.21 any information regarding the offender contained in the report 65.22 forwarded to the agency under subdivision 3, paragraph (f), that 65.23 is relevant and necessary to protect the public and to 65.24 counteract the offender's dangerousness, consistent with the 65.25 guidelines in paragraph (b). The extent of the information 65.26 disclosed and the community to whom disclosure is made must 65.27 relate to the level of danger posed by the offender, to the 65.28 offender's pattern of offending behavior, and to the need of 65.29 community members for information to enhance their individual 65.30 and collective safety. 65.31 (b) The law enforcement agency shall employ the following 65.32 guidelines in determining the scope of disclosure made under 65.33 this subdivision: 65.34 (1) if the offender is assigned to risk level I, the agency 65.35 may maintain information regarding the offender within the 65.36 agency and may disclose it to other law enforcement agencies. 66.1 Additionally, the agency may disclose the information to any 66.2 victims of or witnesses to the offense committed by the 66.3 offender. The agency shall disclose the information to victims 66.4 of the offense committed by the offender who have requested 66.5 disclosure and to adult members of the offender's immediate 66.6 household; 66.7 (2) if the offender is assigned to risk level II, the 66.8 agency also may disclose the information to agencies and groups 66.9 that the offender is likely to encounter for the purpose of 66.10 securing those institutions and protecting individuals in their 66.11 care while they are on or near the premises of the institution. 66.12 These agencies and groups include the staff members of public 66.13 and private educational institutions, day care establishments, 66.14 and establishments and organizations that primarily serve 66.15 individuals likely to be victimized by the offender. The agency 66.16 also may disclose the information to individuals the agency 66.17 believes are likely to be victimized by the offender. The 66.18 agency's belief shall be based on the offender's pattern of 66.19 offending or victim preference as documented in the information 66.20 provided by the department of corrections or human services; 66.21 (3) if the offender is assigned to risk level III, the 66.22 agency shall disclose the information to the persons and 66.23 entities described in clauses (1) and (2) and to other members 66.24 of the community whom the offender is likely to encounter, 66.25 unless the law enforcement agency determines that public safety 66.26 would be compromised by the disclosure or that a more limited 66.27 disclosure is necessary to protect the identity of the victim. 66.28 Notwithstanding the assignment of a predatory offender to 66.29 risk level II or III, a law enforcement agency may not make the 66.30 disclosures permitted or required by clause (2) or (3), if: the 66.31 offender is placed or resides in a residential facility. 66.32 However, if an offender is placed or resides in a residential 66.33 facility, the offender and the head of the facility shall 66.34 designate the offender's likely residence upon release from the 66.35 facility and the head of the facility shall notify the 66.36 commissioner of corrections or the commissioner of human 67.1 services of the offender's likely residence at least 14 days 67.2 before the offender's scheduled release date. The commissioner 67.3 shall give this information to the law enforcement agency having 67.4 jurisdiction over the offender's likely residence. The head of 67.5 the residential facility also shall notify the commissioner of 67.6 corrections or human services within 48 hours after finalizing 67.7 the offender's approved relocation plan to a permanent 67.8 residence. Within five days after receiving this notification, 67.9 the appropriate commissioner shall give to the appropriate law 67.10 enforcement agency all relevant information the commissioner has 67.11 concerning the offender, including information on the risk 67.12 factors in the offender's history and the risk level to which 67.13 the offender was assigned. After receiving this information, 67.14 the law enforcement agency shall make the disclosures permitted 67.15 or required by clause (2) or (3), as appropriate. 67.16 (c) As used in paragraph (b), clauses (2) and (3), "likely 67.17 to encounter" means that: 67.18 (1) the organizations or community members are in a 67.19 location or in close proximity to a location where the offender 67.20 lives or is employed, or which the offender visits or is likely 67.21 to visit on a regular basis, other than the location of the 67.22 offender's outpatient treatment program; and 67.23 (2) the types of interaction which ordinarily occur at that 67.24 location and other circumstances indicate that contact with the 67.25 offender is reasonably certain. 67.26 (d) A law enforcement agency or official who discloses 67.27 information under this subdivision shall make a good faith 67.28 effort to make the notification within 14 days of receipt of a 67.29 confirmed address from the Department of Corrections indicating 67.30 that the offender will be, or has been, released from 67.31 confinement, or accepted for supervision, or has moved to a new 67.32 address and will reside at the address indicated. If a change 67.33 occurs in the release plan, this notification provision does not 67.34 require an extension of the release date. 67.35 (e) A law enforcement agency or official who discloses 67.36 information under this subdivision shall not disclose the 68.1 identity or any identifying characteristics of the victims of or 68.2 witnesses to the offender's offenses. 68.3 (f) A law enforcement agency shall continue to disclose 68.4 information on an offender as required by this subdivision for 68.5 as long as the offender is required to register under section 68.6 243.166. This requirement on a law enforcement agency to 68.7 continue to disclose information also applies to an offender who 68.8 lacks a primary address and is registering under section 68.9 243.166, subdivision 3a. 68.10 (g) A law enforcement agency that is disclosing information 68.11 on an offender assigned to risk level III to the public under 68.12 this subdivision shall inform the commissioner of corrections 68.13 what information is being disclosed and forward this information 68.14 to the commissioner within two days of the agency's 68.15 determination. The commissioner shall post this information on 68.16 the Internet as required in subdivision 4b. 68.17 (h) A city council may adopt a policy that addresses when 68.18 information disclosed under this subdivision must be presented 68.19 in languages in addition to English. The policy may address 68.20 when information must be presented orally, in writing, or both 68.21 in additional languages by the law enforcement agency disclosing 68.22 the information. The policy may provide for different 68.23 approaches based on the prevalence of non-English languages in 68.24 different neighborhoods. 68.25 [EFFECTIVE DATE.] This section is effective the day 68.26 following final enactment and applies to persons subject to 68.27 community notification on or after that date. 68.28 Sec. 9. Minnesota Statutes 2004, section 244.052, is 68.29 amended by adding a subdivision to read: 68.30 Subd. 4c. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 68.31 INFORMATION TO A HEALTH CARE FACILITY.] (a) The law enforcement 68.32 agency in the area where a health care facility is located shall 68.33 disclose the registrant status of any sex offender registered 68.34 under section 243.166 to the health care facility if the 68.35 registered offender is receiving inpatient care in that facility. 68.36 (b) "Health care facility" means a hospital or other entity 69.1 licensed under sections 144.50 to 144.58, nursing facilities 69.2 certified for participation in the federal Medicare or Medicaid 69.3 programs and licensed as a nursing home under chapter 144A, a 69.4 boarding care home under sections 144.50 to 144.56, or a group 69.5 residential housing facility or an intermediate care facility 69.6 for the mentally retarded licensed under chapter 245A. 69.7 [EFFECTIVE DATE.] This section is effective the day 69.8 following final enactment. 69.9 Sec. 10. Minnesota Statutes 2004, section 626.556, 69.10 subdivision 3, is amended to read: 69.11 Subd. 3. [PERSONS MANDATED TO REPORT.] (a) A person who 69.12 knows or has reason to believe a child is being neglected or 69.13 physically or sexually abused, as defined in subdivision 2, or 69.14 has been neglected or physically or sexually abused within the 69.15 preceding three years, shall immediately report the information 69.16 to the local welfare agency, agency responsible for assessing or 69.17 investigating the report, police department, or the county 69.18 sheriff if the person is: 69.19 (1) a professional or professional's delegate who is 69.20 engaged in the practice of the healing arts, social services, 69.21 hospital administration, psychological or psychiatric treatment, 69.22 child care, education, probation and correctional services, or 69.23 law enforcement; or 69.24 (2) employed as a member of the clergy and received the 69.25 information while engaged in ministerial duties, provided that a 69.26 member of the clergy is not required by this subdivision to 69.27 report information that is otherwise privileged under section 69.28 595.02, subdivision 1, paragraph (c). 69.29 The police department or the county sheriff, upon receiving 69.30 a report, shall immediately notify the local welfare agency or 69.31 agency responsible for assessing or investigating the report, 69.32 orally and in writing. The local welfare agency, or agency 69.33 responsible for assessing or investigating the report, upon 69.34 receiving a report, shall immediately notify the local police 69.35 department or the county sheriff orally and in writing. The 69.36 county sheriff and the head of every local welfare agency, 70.1 agency responsible for assessing or investigating reports, and 70.2 police department shall each designate a person within their 70.3 agency, department, or office who is responsible for ensuring 70.4 that the notification duties of this paragraph and paragraph (b) 70.5 are carried out. Nothing in this subdivision shall be construed 70.6 to require more than one report from any institution, facility, 70.7 school, or agency. 70.8 (b) Any person may voluntarily report to the local welfare 70.9 agency, agency responsible for assessing or investigating the 70.10 report, police department, or the county sheriff if the person 70.11 knows, has reason to believe, or suspects a child is being or 70.12 has been neglected or subjected to physical or sexual abuse. 70.13 The police department or the county sheriff, upon receiving a 70.14 report, shall immediately notify the local welfare agency or 70.15 agency responsible for assessing or investigating the report, 70.16 orally and in writing. The local welfare agency or agency 70.17 responsible for assessing or investigating the report, upon 70.18 receiving a report, shall immediately notify the local police 70.19 department or the county sheriff orally and in writing. 70.20 (c) A person mandated to report physical or sexual child 70.21 abuse or neglect occurring within a licensed facility shall 70.22 report the information to the agency responsible for licensing 70.23 the facility under sections 144.50 to 144.58; 241.021; 245A.01 70.24 to 245A.16; or chapter 245B; or a nonlicensed personal care 70.25 provider organization as defined in sections 256B.04, 70.26 subdivision 16; and 256B.0625, subdivision 19. A health or 70.27 corrections agency receiving a report may request the local 70.28 welfare agency to provide assistance pursuant to subdivisions 70.29 10, 10a, and 10b. A board or other entity whose licensees 70.30 perform work within a school facility, upon receiving a 70.31 complaint of alleged maltreatment, shall provide information 70.32 about the circumstances of the alleged maltreatment to the 70.33 commissioner of education. Section 13.03, subdivision 4, 70.34 applies to data received by the commissioner of education from a 70.35 licensing entity. 70.36 (d) Any person mandated to report shall receive a summary 71.1 of the disposition of any report made by that reporter, 71.2 including whether the case has been opened for child protection 71.3 or other services, or if a referral has been made to a community 71.4 organization, unless release would be detrimental to the best 71.5 interests of the child. Any person who is not mandated to 71.6 report shall, upon request to the local welfare agency, receive 71.7 a concise summary of the disposition of any report made by that 71.8 reporter, unless release would be detrimental to the best 71.9 interests of the child. 71.10 (e) For purposes of this subdivision, "immediately" means 71.11 as soon as possible but in no event longer than 24 hours. 71.12 [EFFECTIVE DATE.] This section is effective the day 71.13 following final enactment. 71.14 Sec. 11. [REVISOR'S INSTRUCTION.] 71.15 The revisor of statutes shall change all references to 71.16 Minnesota Statutes, section 243.166, subdivision 1, in Minnesota 71.17 Statutes to section 243.166. In addition, the revisor shall 71.18 make other technical changes necessitated by this article. 71.19 [EFFECTIVE DATE.] This section is effective the day 71.20 following final enactment. 71.21 Sec. 12. [REPEALER.] 71.22 Minnesota Statutes 2004, section 243.166, subdivisions 1 71.23 and 8, are repealed. 71.24 [EFFECTIVE DATE.] This section is effective the day 71.25 following final enactment. 71.26 ARTICLE 5 71.27 HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY 71.28 Section 1. Minnesota Statutes 2004, section 243.166, 71.29 subdivision 7, is amended to read: 71.30 Subd. 7. [USE OFINFORMATIONDATA.] Except as otherwise 71.31 provided in subdivision 7a or sections 244.052 and 299C.093, the 71.32informationdata provided under this section is private data on 71.33 individuals under section 13.02, subdivision 12. The 71.34informationdata may be used only for law enforcement and 71.35 corrections purposes. State-operated services, as defined in 71.36 section 246.014, are also authorized to have access to the data 72.1 for the purposes described in section 246.13, subdivision 2, 72.2 paragraph (c). 72.3 [EFFECTIVE DATE.] This section is effective July 1, 2005. 72.4 Sec. 2. Minnesota Statutes 2004, section 246.13, is 72.5 amended to read: 72.6 246.13 [RECORDRECORDS OF PATIENTS AND RESIDENTS 72.7INRECEIVING STATE-OPERATED SERVICES.] 72.8 Subdivision 1. [POWERS, DUTIES, AND AUTHORITY OF 72.9 COMMISSIONER.] (a) The commissioner of human services' office 72.10 shall have, accessible only by consent of the commissioner or on 72.11 the order of a judge or court of record, a record showing the 72.12 residence, sex, age, nativity, occupation, civil condition, and 72.13 date of entrance or commitment of every person, in the 72.14 state-operated services facilities as defined under section 72.15 246.014 under exclusive control of the commissioner; the date of 72.16 discharge and whether such discharge was final; the condition of 72.17 the person when the person left the state-operated services 72.18 facility; the vulnerable adult abuse prevention associated with 72.19 the person; and the date and cause of all deaths. The record 72.20 shall state every transfer from one state-operated services 72.21 facility to another, naming each state-operated services 72.22 facility. This information shall be furnished to the 72.23 commissioner of human services by each public agency, along with 72.24 other obtainable facts as the commissioner may require. When a 72.25 patient or resident in a state-operated services facility is 72.26 discharged, transferred, or dies, the head of the state-operated 72.27 services facility or designee shall inform the commissioner of 72.28 human services of these events within ten days on forms 72.29 furnished by the commissioner. 72.30 (b) The commissioner of human services shall cause to be 72.31 devised, installed, and operated an adequate system of records 72.32 and statistics which shall consist of all basic record forms, 72.33 including patient personal records and medical record forms, and 72.34 the manner of their use shall be precisely uniform throughout 72.35 all state-operated services facilities. 72.36 Subd. 2. [DEFINITIONS; RISK ASSESSMENT AND MANAGEMENT.] (a) 73.1 As used in this section: 73.2 (1) "appropriate and necessary medical and other records" 73.3 includes patient medical records and other protected health 73.4 information as defined by Code of Federal Regulations, title 45, 73.5 section 164.501, relating to a patient in a state-operated 73.6 services facility including, but not limited to, the patient's 73.7 treatment plan and abuse prevention plan that is pertinent to 73.8 the patient's ongoing care, treatment, or placement in a 73.9 community-based treatment facility or a health care facility 73.10 that is not operated by state-operated services, and includes 73.11 information describing the level of risk posed by a patient when 73.12 the patient enters such a facility; 73.13 (2) "community-based treatment" means the community support 73.14 services listed in section 253B.02, subdivision 4b; 73.15 (3) "criminal history data" means those data maintained by 73.16 the Departments of Corrections and Public Safety and by the 73.17 supervisory authorities listed in section 13.84, subdivision 1, 73.18 that relate to an individual's criminal history or propensity 73.19 for violence; including data in the Corrections Offender 73.20 Management System (COMS) and Statewide Supervision System (S3) 73.21 maintained by the Department of Corrections; the Criminal 73.22 Justice Information System (CJIS) and the Predatory Offender 73.23 Registration (POR) system maintained by the Department of Public 73.24 Safety; and the CriMNet system; 73.25 (4) "designated agency" means the agency defined in section 73.26 253B.02, subdivision 5; 73.27 (5) "law enforcement agency" means the law enforcement 73.28 agency having primary jurisdiction over the location where the 73.29 offender expects to reside upon release; 73.30 (6) "predatory offender" and "offender" mean a person who 73.31 is required to register as a predatory offender under section 73.32 243.166; and 73.33 (7) "treatment facility" means a facility as defined in 73.34 section 253B.02, subdivision 19. 73.35 (b) To promote public safety and for the purposes and 73.36 subject to the requirements of paragraph (c), the commissioner 74.1 or the commissioner's designee shall have access to, and may 74.2 review and disclose, medical and criminal history data as 74.3 provided by this section. 74.4 (c) The commissioner or the commissioner's designee shall 74.5 disseminate data to designated treatment facility staff, special 74.6 review board members, and end-of-confinement review committee 74.7 members in accordance with Minnesota Rules, part 1205.0400, to: 74.8 (1) determine whether a patient is required under state law 74.9 to register as a predatory offender according to section 74.10 244.166; 74.11 (2) facilitate and expedite the responsibilities of the 74.12 special review board and end-of-confinement review committees by 74.13 corrections institutions and state treatment facilities; 74.14 (3) prepare, amend, or revise the abuse prevention plans 74.15 required under section 626.557, subdivision 14, and individual 74.16 patient treatment plans required under section 253B.03, 74.17 subdivision 7; 74.18 (4) facilitate changes of custody and transfers of 74.19 individuals between the Department of Corrections and the 74.20 Department of Human Services; and 74.21 (5) facilitate the exchange of data between the Department 74.22 of Corrections, the Department of Human Services, and any of the 74.23 supervisory authorities listed in section 13.84, regarding an 74.24 individual under the authority of one or more of these entities. 74.25 (d) The commissioner may have access to the National Crime 74.26 Information Center (NCIC) database, through the Department of 74.27 Public Safety, in support of the law enforcement function 74.28 described in paragraph (c). 74.29 Subd. 3. [COMMUNITY-BASED TREATMENT AND MEDICAL 74.30 TREATMENT.] (a) When a patient under the care and supervision of 74.31 state-operated services is released to a community-based 74.32 treatment facility or facility that provides health care 74.33 services, state-operated services may disclose all appropriate 74.34 and necessary health and other information relating to the 74.35 patient. 74.36 (b) The information that must be provided to the designated 75.1 agency, community-based treatment facility, or facility that 75.2 provides health care services includes, but is not limited to, 75.3 the patient's abuse prevention plan required under section 75.4 626.557, subdivision 14, paragraph (b). 75.5 Subd. 4. [PREDATORY OFFENDER REGISTRATION 75.6 NOTIFICATION.] (a) When a state-operated facility determines 75.7 that a patient is required under section 243.166, subdivision 1, 75.8 to register as a predatory offender or, under section 243.166, 75.9 subdivision 4a, to provide notice of a change in status, the 75.10 facility shall provide written notice to the patient of the 75.11 requirement. 75.12 (b) If the patient refuses, is unable, or lacks capacity to 75.13 comply with the requirement described in paragraph (a) within 75.14 five days after receiving the notification of the duty to 75.15 comply, state-operated services staff shall obtain and disclose 75.16 the necessary data to complete the registration form or change 75.17 of status notification for the patient. The treatment facility 75.18 shall also forward the registration or change of status data 75.19 that it completes to the Bureau of Criminal Apprehension and, as 75.20 applicable, the patient's corrections agent and the law 75.21 enforcement agency in the community in which the patient 75.22 currently resides. If, after providing notification, the 75.23 patient refuses to comply with the requirements described in 75.24 paragraph (a), the treatment facility shall also notify the 75.25 county attorney in the county in which the patient is currently 75.26 residing of the refusal. 75.27 (c) The duties of state-operated services described in this 75.28 subdivision do not relieve the patient of the ongoing individual 75.29 duty to comply with the requirements of section 243.166. 75.30 Subd. 5. [LIMITATIONS ON USE OF BLOODBORNE PATHOGEN TEST 75.31 RESULTS.] Sections 246.71, 246.711, 246.712, 246.713, 246.714, 75.32 246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721, 75.33 and 246.722 apply to state-operated services facilities. 75.34 [EFFECTIVE DATE.] This section is effective July 1, 2005. 75.35 Sec. 3. Minnesota Statutes 2004, section 253B.18, 75.36 subdivision 4a, is amended to read: 76.1 Subd. 4a. [RELEASE ON PASS; NOTIFICATION.] A patient who 76.2 has been committed as a person who is mentally ill and dangerous 76.3 and who is confined at a secure treatment facility or has been 76.4 transferred out of a state-operated services facility according 76.5 to section 253B.18, subdivision 6, shall not be released on a 76.6 pass unless the pass is part of a pass plan that has been 76.7 approved by the medical director of the secure treatment 76.8 facility. The pass plan must have a specific therapeutic 76.9 purpose consistent with the treatment plan, must be established 76.10 for a specific period of time, and must have specific levels of 76.11 liberty delineated. The county case manager must be invited to 76.12 participate in the development of the pass plan. At least ten 76.13 days prior to a determination on the plan, the medical director 76.14 shall notify the designated agency, the committing court, the 76.15 county attorney of the county of commitment, an interested 76.16 person, the local law enforcement agency where the facility is 76.17 located, the local law enforcement agency in the location where 76.18 the pass is to occur, the petitioner, and the petitioner's 76.19 counsel of the plan, the nature of the passes proposed, and 76.20 their right to object to the plan. If any notified person 76.21 objects prior to the proposed date of implementation, the person 76.22 shall have an opportunity to appear, personally or in writing, 76.23 before the medical director, within ten days of the objection, 76.24 to present grounds for opposing the plan. The pass plan shall 76.25 not be implemented until the objecting person has been furnished 76.26 that opportunity. Nothing in this subdivision shall be 76.27 construed to give a patient an affirmative right to a pass plan. 76.28 [EFFECTIVE DATE.] This section is effective July 1, 2005. 76.29 Sec. 4. Minnesota Statutes 2004, section 299C.093, is 76.30 amended to read: 76.31 299C.093 [DATABASE OF REGISTERED PREDATORY OFFENDERS.] 76.32 The superintendent of the Bureau of Criminal Apprehension 76.33 shall maintain a computerized data system relating to 76.34 individuals required to register as predatory offenders under 76.35 section 243.166. To the degree feasible, the system must 76.36 include theinformationdata required to be provided under 77.1 section 243.166, subdivisions 4 and 4a, and indicate the time 77.2 period that the person is required to register. The 77.3 superintendent shall maintain thisinformationdata in a manner 77.4 that ensures that it is readily available to law enforcement 77.5 agencies. Thisinformationdata is private data on individuals 77.6 under section 13.02, subdivision 12, but may be used for law 77.7 enforcement and corrections purposes. State-operated services, 77.8 as defined in section 246.014, are also authorized to have 77.9 access to the data for the purposes described in section 246.13, 77.10 subdivision 2, paragraph (c). 77.11 [EFFECTIVE DATE.] This section is effective July 1, 2005. 77.12 Sec. 5. Minnesota Statutes 2004, section 609.2231, 77.13 subdivision 3, is amended to read: 77.14 Subd. 3. [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS.] 77.15 Whoever commits either of the following acts against an employee 77.16 of a correctional facility as defined in section 241.021, 77.17 subdivision 1, paragraph (f), or an employee or other individual 77.18 who provides care or treatment at a treatment facility as 77.19 defined in section 252.025, subdivision 7, or 253B.02, 77.20 subdivision 18a, or against a probation officer or other 77.21 qualified person employed in supervising offenders while the 77.22 employee, officer, or person is engaged in the performance of a 77.23 duty imposed by law, policy, or rule is guilty of a felony and 77.24 may be sentenced to imprisonment for not more than two years or 77.25 to payment of a fine of not more than $4,000, or both: 77.26 (1) assaults theemployeeperson and inflicts demonstrable 77.27 bodily harm; or 77.28 (2) intentionally throws or otherwise transfers bodily 77.29 fluids or feces at or onto theemployeeperson. 77.30 [EFFECTIVE DATE.] This section is effective July 1, 2005. 77.31 Sec. 6. Minnesota Statutes 2004, section 626.557, 77.32 subdivision 14, is amended to read: 77.33 Subd. 14. [ABUSE PREVENTION PLANS.] (a) Each facility, 77.34 except home health agencies and personal care attendant services 77.35 providers, shall establish and enforce an ongoing written abuse 77.36 prevention plan. The plan shall contain an assessment of the 78.1 physical plant, its environment, and its population identifying 78.2 factors which may encourage or permit abuse, and a statement of 78.3 specific measures to be taken to minimize the risk of abuse. 78.4 The plan shall comply with any rules governing the plan 78.5 promulgated by the licensing agency. 78.6 (b) Each facility, including a home health care agency and 78.7 personal care attendant services providers, shall develop an 78.8 individual abuse prevention plan for each vulnerable adult 78.9 residing there or receiving services from them. The plan shall 78.10 contain an individualized assessment of both the person's 78.11 susceptibility to abuse by other individuals, including other 78.12 vulnerable adults, and the potential risks posed by the person 78.13 to the other patients, to facility staff, and to others; and a 78.14 statement of the specific measures to be taken to minimize the 78.15 risk of abuse to that person and others. For the purposes of 78.16 this clause, the term "abuse" includes self-abuse. 78.17 [EFFECTIVE DATE.] This section is effective July 1, 2005. 78.18 Sec. 7. [REPEALER.] 78.19 Minnesota Statutes 2004, section 246.017, subdivision 1, is 78.20 repealed. 78.21 [EFFECTIVE DATE.] This section is effective July 1, 2005. 78.22 ARTICLE 6 78.23 HUMAN SERVICES BACKGROUND STUDIES 78.24 Section 1. Minnesota Statutes 2004, section 13.461, is 78.25 amended by adding a subdivision to read: 78.26 Subd. 29. [DISQUALIFICATION FROM DIRECT CONTACT.] The 78.27 classification of data about individuals disqualified from 78.28 providing direct contact services is governed by section 78.29 245C.22, subdivision 7. 78.30 Sec. 2. Minnesota Statutes 2004, section 13.461, is 78.31 amended by adding a subdivision to read: 78.32 Subd. 30. [SET-ASIDE DATA.] Disclosure of data relating to 78.33 individuals who have obtained a set-aside of the 78.34 disqualification is governed by section 245C.22, subdivision 7. 78.35 Sec. 3. Minnesota Statutes 2004, section 13.461, is 78.36 amended by adding a subdivision to read: 79.1 Subd. 31. [VARIANCE DATA.] Disclosure of data relating to 79.2 disqualified individuals as to whom a variance has been obtained 79.3 by the individual's employer is governed by section 245C.30, 79.4 subdivision 2. 79.5 Sec. 4. Minnesota Statutes 2004, section 245C.03, 79.6 subdivision 1, is amended to read: 79.7 Subdivision 1. [LICENSED PROGRAMS.] (a) The commissioner 79.8 shall conduct a background study on: 79.9 (1) the person or persons applying for a license; 79.10 (2) an individual age 13 and over living in the household 79.11 where the licensed program will be provided; 79.12 (3) current or prospective employees or contractors of the 79.13 applicant who will have direct contact with persons served by 79.14 the facility, agency, or program; 79.15 (4) volunteers or student volunteers who will have direct 79.16 contact with persons served by the program to provide program 79.17 services if the contact is not under the continuous, direct 79.18 supervision by an individual listed in clause (1) or (3); 79.19 (5) an individual age ten to 12 living in the household 79.20 where the licensed services will be provided when the 79.21 commissioner has reasonable cause; 79.22 (6) an individual who, without providing direct contact 79.23 services at a licensed program, may have unsupervised access to 79.24 children or vulnerable adults receiving services from a program 79.25 licensed to provide: 79.26 (i) family child care for children; 79.27 (ii) foster care for children in the provider's own home; 79.28 or 79.29 (iii) foster care or day care services for adults in the 79.30 provider's own home; and 79.31 (7) all managerial officials as defined under section 79.32 245A.02, subdivision 5a. 79.33 The commissioner must have reasonable cause to study an 79.34 individual under this subdivision. 79.35 (b) For family child foster care settings, a short-term 79.36 substitute caregiver providing direct contact services for a 80.1 child for less than 72 hours of continuous care is not required 80.2 to receive a background study under this chapter. 80.3 Sec. 5. Minnesota Statutes 2004, section 245C.13, 80.4 subdivision 2, is amended to read: 80.5 Subd. 2. [DIRECT CONTACT PENDING COMPLETION OF BACKGROUND 80.6 STUDY.]Unless otherwise specified, the subject of a background80.7study may have direct contact with persons served by a program80.8after the background study form is mailed or submitted to the80.9commissioner pending notification of the study results under80.10section 245C.17.The subject of a background study may not 80.11 perform any activity requiring a background study under 80.12 paragraph (b) until the commissioner has issued one of the 80.13 notices under paragraph (a). 80.14 (a) Notices from the commissioner required prior to 80.15 activity under paragraph (b) include: 80.16 (1) a notice of the study results under section 245C.17 80.17 stating that: 80.18 (i) the individual is not disqualified; or 80.19 (ii) more time is needed to complete the study but the 80.20 individual is not required to be removed from direct contact or 80.21 access to people receiving services prior to completion of the 80.22 study as provided under section 245A.17, paragraph (c); 80.23 (2) a notice that a disqualification has been set aside 80.24 under section 245C.23; or 80.25 (3) a notice that a variance has been granted related to 80.26 the individual under section 245C.30. 80.27 (b) Activities prohibited prior to receipt of notice under 80.28 paragraph (a) include: 80.29 (1) being issued a license; 80.30 (2) living in the household where the licensed program will 80.31 be provided; 80.32 (3) providing direct contact services to persons served by 80.33 a program unless the subject is under continuous direct 80.34 supervision; or 80.35 (4) having access to persons receiving services if the 80.36 background study was completed under section 144.057, 81.1 subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause 81.2 (2), (5), or (6), unless the subject is under continuous direct 81.3 supervision. 81.4 Sec. 6. Minnesota Statutes 2004, section 245C.15, 81.5 subdivision 1, is amended to read: 81.6 Subdivision 1. [PERMANENT DISQUALIFICATION.] (a) An 81.7 individual is disqualified under section 245C.14 if: (1) 81.8 regardless of how much time has passed since the discharge of 81.9 the sentence imposed, if any, for the offense; and (2) unless 81.10 otherwise specified, regardless of the level of theconviction81.11 offense, the individualis convicted ofhas committed any of the 81.12 following offenses: sections 152.021 (controlled substance 81.13 crime in the first degree); 152.022 (controlled substance crime 81.14 in the second degree); 152.023 (controlled substance crime in 81.15 the third degree); 152.024 (controlled substance crime in the 81.16 fourth degree); 152.0261 (importing controlled substances across 81.17 state lines); 609.165 (certain convicted felons ineligible to 81.18 possess firearms); 609.185 (murder in the first degree); 609.19 81.19 (murder in the second degree); 609.195 (murder in the third 81.20 degree); 609.20 (manslaughter in the first degree); 609.205 81.21 (manslaughter in the second degree); 609.21 (criminal vehicular 81.22 homicide and injury); 609.221or(assault in the first degree); 81.23 609.222 (assault in thefirst orsecond degree); 609.223 81.24 (assault in the third degree); a felony offense under sections 81.25 609.2242 and 609.2243 (domestic assault), spousal abuse, child 81.26 abuse or neglect, or a crime against children; 609.228 (great 81.27 bodily harm caused by distribution of drugs); an offense 81.28 punishable as a felony under 609.229 (crime committed for the 81.29 benefit of a gang); 609.235 (use of drugs to injure or 81.30 facilitate a crime); 609.24 (simple robbery); 609.245 81.31 (aggravated robbery); 609.25 (kidnapping); 609.255 (false 81.32 imprisonment); 609.2661 (murder of an unborn child in the first 81.33 degree); 609.2662 (murder of an unborn child in the second 81.34 degree); 609.2663 (murder of an unborn child in the third 81.35 degree); 609.2664 (manslaughter of an unborn child in the first 81.36 degree); 609.2665 (manslaughter of an unborn child in the second 82.1 degree); 609.267 (assault of an unborn child in the first 82.2 degree); 609.2671 (assault of an unborn child in the second 82.3 degree); 609.268 (injury or death of an unborn child in 82.4 commission of a crime); 609.322 (solicitation, inducement, and 82.5 promotion of prostitution); a felony offense under 609.324, 82.6 subdivision 1 (other prohibited acts); 609.342 (criminal sexual 82.7 conduct in the first degree); 609.343 (criminal sexual conduct 82.8 in the second degree); 609.344 (criminal sexual conduct in the 82.9 third degree); 609.345 (criminal sexual conduct in the fourth 82.10 degree); 609.3451 (criminal sexual conduct in the fifth degree); 82.11 609.352 (solicitation of children to engage in sexual conduct); 82.12 609.365 (incest); an offense punishable as a felonyoffense82.13 under 609.377 (malicious punishment of a child); an offense 82.14 punishable as a felonyoffenseunder 609.378 (neglect or 82.15 endangerment of a child); 609.498 (tampering with a witness); 82.16 609.561 (arson in the first degree); 609.562 (arson in the 82.17 second degree); 609.582, subdivision 1 (burglary in the first 82.18 degree); 609.66, subdivision 1e (drive-by shooting); 609.687 82.19 (adulteration); 609.749, subdivision 3, 4, or 5 (felony-level 82.20 harassment; stalking); 609.855, subdivision 5 (shooting at or in 82.21 a public transit vehicle or facility); 617.246 (use of minors in 82.22 sexual performance prohibited);or617.247 (possession of 82.23 pictorial representations of minors); or an offense punishable 82.24 as a felony under 624.713 (certain persons not to have pistols 82.25 or semiautomatic military-style assault weapons). 82.26 (b) An individual also is disqualified under section 82.27 245C.14 regardless of how much time has passed since: 82.28 (1) the involuntary termination of the individual's 82.29 parental rights under section 260C.301; 82.30 (2) an administrative determination under section 626.556 82.31 of sexual abuse of a minor or abuse of a minor resulting in 82.32 death or serious injury as defined under section 245C.02, 82.33 subdivision 18; or 82.34 (3) an administrative determination under section 626.557 82.35 of sexual abuse of a vulnerable adult or abuse of a vulnerable 82.36 adult resulting in death or serious injury as defined under 83.1 section 245C.02, subdivision 18. 83.2(b)(c) An individual's aiding and abetting, attempt, or 83.3 conspiracy to commit any of the offenses listed in paragraph 83.4 (a), as each of these offenses is defined in Minnesota Statutes, 83.5 permanently disqualifies the individual under section 245C.14. 83.6(c)(d) An individual's offense in any other state or 83.7 country, where the elements of the offense are substantially 83.8 similar to any of the offenses listed in paragraph (a), 83.9 permanently disqualifies the individual under section 245C.14. 83.10 Sec. 7. Minnesota Statutes 2004, section 245C.15, 83.11 subdivision 2, is amended to read: 83.12 Subd. 2. [15-YEAR DISQUALIFICATION.] (a) An individual is 83.13 disqualified under section 245C.14 if: (1) less than 15 years 83.14 have passed since the discharge of the sentence imposed, if any, 83.15 for the offense; and (2) the individual hasreceivedcommitted a 83.16felony conviction for afelony-level violation of any of the 83.17 following offenses: sections 152.025 (controlled substance 83.18 crime in the fifth degree); 260C.301 (grounds for termination of 83.19 parental rights);609.165 (felon ineligible to possess firearm);83.20609.21 (criminal vehicular homicide and injury);609.215 83.21 (suicide);609.223 or609.2231 (assault in thethird orfourth 83.22 degree); repeat offenses under 609.224 (assault in the fifth 83.23 degree); 609.2325 (criminal abuse of a vulnerable adult); 83.24 609.2335 (financial exploitation of a vulnerable adult);609.23583.25(use of drugs to injure or facilitate crime); 609.24 (simple83.26robbery); 609.255 (false imprisonment); 609.2664 (manslaughter83.27of an unborn child in the first degree); 609.2665 (manslaughter83.28of an unborn child in the second degree); 609.267 (assault of an83.29unborn child in the first degree); 609.2671 (assault of an83.30unborn child in the second degree); 609.268 (injury or death of83.31an unborn child in the commission of a crime);609.27 83.32 (coercion); 609.275 (attempt to coerce);repeat offenses under83.33609.3451 (criminal sexual conduct in the fifth degree); 609.498,83.34subdivision 1 or 1b (aggravated first degree or first degree83.35tampering with a witness);609.52 (theft); 609.521 (possession 83.36 of shoplifting gear);609.562 (arson in the second degree);84.1 609.563 (arson in the third degree); 609.582, subdivision 2, 3, 84.2 or 4 (burglary in the second, third, or fourth degree); 609.625 84.3 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; 84.4 offering a forged check); 609.635 (obtaining signature by false 84.5 pretense); 609.66 (dangerous weapons); 609.67 (machine guns and 84.6 short-barreled shotguns);609.687 (adulteration);609.71 (riot); 84.7 609.713 (terroristic threats); repeat offenses under 617.23 84.8 (indecent exposure; penalties); repeat offenses under 617.241 84.9 (obscene materials and performances; distribution and exhibition 84.10 prohibited; penalty);chapter 152 (drugs; controlled substance);84.11 or a felony-level conviction involving alcohol or drug use. 84.12 (b) An individual is disqualified under section 245C.14 if 84.13 less than 15 years has passed since the individual's aiding and 84.14 abetting, attempt, or conspiracy to commit any of the offenses 84.15 listed in paragraph (a), as each of these offenses is defined in 84.16 Minnesota Statutes. 84.17 (c) An individual is disqualified under section 245C.14 if 84.18 less than 15 years has passed since the discharge of the 84.19 sentence imposed for an offense in any other state or country, 84.20 the elements of which are substantially similar to the elements 84.21 of the offenses listed in paragraph (a). 84.22 (d) If the individual studied is convicted of one of the 84.23 felonies listed in paragraph (a), but the sentence is a gross 84.24 misdemeanor or misdemeanor disposition, the individual is 84.25 disqualified but the disqualification lookback period for the 84.26 conviction is the period applicable to the gross misdemeanor or 84.27 misdemeanor disposition. 84.28 Sec. 8. Minnesota Statutes 2004, section 245C.15, 84.29 subdivision 3, is amended to read: 84.30 Subd. 3. [TEN-YEAR DISQUALIFICATION.] (a) An individual is 84.31 disqualified under section 245C.14 if: (1) less than ten years 84.32 have passed since the discharge of the sentence imposed, if any, 84.33 for the offense; and (2) the individual hasreceivedcommitted a 84.34 grossmisdemeanor conviction for amisdemeanor-level violation 84.35 of any of the following offenses: sections 609.224 (assault in 84.36 the fifth degree); 609.224, subdivision 2, paragraph (c) 85.1 (assault in the fifth degree by a caregiver against a vulnerable 85.2 adult); 609.2242 and 609.2243 (domestic assault); 609.23 85.3 (mistreatment of persons confined); 609.231 (mistreatment of 85.4 residents or patients); 609.2325 (criminal abuse of a vulnerable 85.5 adult); 609.233 (criminal neglect of a vulnerable adult); 85.6 609.2335 (financial exploitation of a vulnerable adult); 609.234 85.7 (failure to report maltreatment of a vulnerable adult); 609.265 85.8 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 85.9 1a (other prohibited acts; minor engaged in prostitution); 85.10 609.33 (disorderly house);609.3451 (criminal sexual conduct in85.11the fifth degree);misdemeanor or gross misdemeanor offenses 85.12 under 609.377 (malicious punishment of a child); misdemeanor or 85.13 gross misdemeanor offenses under 609.378 (neglect or 85.14 endangerment of a child); 609.52 (theft); 609.582 (burglary); 85.15 609.631 (check forgery; offering a forged check); 609.66 85.16 (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 85.17 (disorderly conduct against a vulnerable adult); repeat offenses 85.18 under 609.746 (interference with privacy); 609.749, subdivision 85.19 2 (harassment; stalking); repeat offenses under 617.23 (indecent 85.20 exposure); 617.241 (obscene materials and performances); 617.243 85.21 (indecent literature, distribution); 617.293 (harmful materials; 85.22 dissemination and display to minors prohibited); or violation of 85.23 an order for protection under section 518B.01, subdivision 14. 85.24 (b) An individual is disqualified under section 245C.14 if 85.25 less than ten years has passed since the individual's aiding and 85.26 abetting, attempt, or conspiracy to commit any of the offenses 85.27 listed in paragraph (a), as each of these offenses is defined in 85.28 Minnesota Statutes. 85.29 (c) An individual is disqualified under section 245C.14 if 85.30 less than ten years has passed since the discharge of the 85.31 sentence imposed for an offense in any other state or country, 85.32 the elements of which are substantially similar to the elements 85.33 of any of the offenses listed in paragraph (a). 85.34 (d) If the defendant is convicted of one of the gross 85.35 misdemeanors listed in paragraph (a), but the sentence is a 85.36 misdemeanor disposition, the individual is disqualified but the 86.1 disqualification lookback period for the conviction is the 86.2 period applicable to misdemeanors. 86.3 Sec. 9. Minnesota Statutes 2004, section 245C.15, 86.4 subdivision 4, is amended to read: 86.5 Subd. 4. [SEVEN-YEAR DISQUALIFICATION.] (a) An individual 86.6 is disqualified under section 245C.14 if: (1) less than seven 86.7 years has passed since the discharge of the sentence imposed, if 86.8 any, for the offense; and (2) the individual hasreceived86.9 committed amisdemeanor conviction for amisdemeanor-level 86.10 violation of any of the following offenses: sections 609.224 86.11 (assault in the fifth degree); 609.2242 (domestic assault); 86.12 609.2335 (financial exploitation of a vulnerable adult); 609.234 86.13 (failure to report maltreatment of a vulnerable adult); 609.2672 86.14 (assault of an unborn child in the third degree); 609.27 86.15 (coercion); violation of an order for protection under 609.3232 86.16 (protective order authorized; procedures; penalties); 609.52 86.17 (theft); 609.66 (dangerous weapons); 609.665 (spring guns); 86.18 609.746 (interference with privacy); 609.79 (obscene or 86.19 harassingphonetelephone calls); 609.795 (letter, telegram, or 86.20 package; opening; harassment); 617.23 (indecent exposure; 86.21 penalties); 617.293 (harmful materials; dissemination and 86.22 display to minors prohibited); or violation of an order for 86.23 protection under section 518B.01 (Domestic Abuse Act). 86.24 (b) An individual is disqualified under section 245C.14 if 86.25 less than seven years has passed since a determination or 86.26 disposition of the individual's: 86.27 (1) failure to make required reports under section 626.556, 86.28 subdivision 3, or 626.557, subdivision 3, for incidents in 86.29 which: (i) the final disposition under section 626.556 or 86.30 626.557 was substantiated maltreatment, and (ii) the 86.31 maltreatment was recurring or serious; or 86.32 (2) except for disqualifications under subdivision 1, 86.33 substantiated serious or recurring maltreatment of a minor under 86.34 section 626.556, a vulnerable adult under section 626.557, or 86.35 serious or recurring maltreatment in any other state, the 86.36 elements of which are substantially similar to the elements of 87.1 maltreatment under section 626.556 or 626.557 for which: (i) 87.2 there is a preponderance of evidence that the maltreatment 87.3 occurred, and (ii) the subject was responsible for the 87.4 maltreatment. 87.5 (c) An individual is disqualified under section 245C.14 if 87.6 less than seven years has passed since the individual's attempt 87.7 or conspiracy to commit any of the offenses listed in paragraphs 87.8 (a) and (b), as each of these offenses is defined in Minnesota 87.9 Statutes. 87.10 (d) An individual is disqualified under section 245C.14 if 87.11 less than seven years has passed since the discharge of the 87.12 sentence imposed for an offense in any other state or country, 87.13 the elements of which are substantially similar to the elements 87.14 of any of the offenses listed in paragraphs (a) and (b). 87.15 Sec. 10. Minnesota Statutes 2004, section 245C.17, 87.16 subdivision 1, is amended to read: 87.17 Subdivision 1. [TIME FRAME FOR NOTICE OF STUDY RESULTS.] 87.18 (a) Within 15 working days after the commissioner's receipt of 87.19 the background study form, the commissioner shall notify the 87.20 individual who is the subject of the study in writing or by 87.21 electronic transmission of the results of the study or that more 87.22 time is needed to complete the study. 87.23 (b) Within 15 working days after the commissioner's receipt 87.24 of the background study form, the commissioner shall notify the 87.25 applicant, license holder, or other entity as provided in this 87.26 chapter in writing or by electronic transmission of the results 87.27 of the study or that more time is needed to complete the study. 87.28 (c) When the commissioner has completed a prior background 87.29 study on an individual that resulted in an order for immediate 87.30 removal and more time is necessary to complete a subsequent 87.31 study, the notice that more time is needed that is issued under 87.32 paragraphs (a) and (b) shall include an order for immediate 87.33 removal of the individual from any position allowing direct 87.34 contact with or access to people receiving services pending 87.35 completion of the background study. 87.36 Sec. 11. Minnesota Statutes 2004, section 245C.17, 88.1 subdivision 2, is amended to read: 88.2 Subd. 2. [DISQUALIFICATION NOTICE SENT TO SUBJECT.] (a) If 88.3 the information in the study indicates the individual is 88.4 disqualified from direct contact with, or from access to, 88.5 persons served by the program, the commissioner shall disclose 88.6 to the individual studied: 88.7 (1) the information causing disqualification; 88.8 (2) instructions on how to request a reconsideration of the 88.9 disqualification;and88.10 (3) an explanation of any restrictions on the 88.11 commissioner's discretion to set aside the disqualification 88.12 under section 245C.24, subdivision 2, when applicable to the 88.13 individual; 88.14 (4) a statement indicating that if the individual's 88.15 disqualification is set aside or the facility is granted a 88.16 variance under section 245C.30, the individual's identity and 88.17 the reason for the individual's disqualification will become 88.18 public data; and 88.19 (5) the commissioner's determination of the individual's 88.20 immediate risk of harm under section 245C.16. 88.21 (b) If the commissioner determines under section 245C.16 88.22 that an individual poses an imminent risk of harm to persons 88.23 served by the program where the individual will have direct 88.24 contact, the commissioner's notice must include an explanation 88.25 of the basis of this determination. 88.26 (c) If the commissioner determines under section 245C.16 88.27 that an individual studied does not pose a risk of harm that 88.28 requirescontinuous, direct supervision, the commissioner shall88.29only notify the individual of the disqualificationimmediate 88.30 removal, the individual shall be informed of the conditions 88.31 under which the agency that initiated the background study may 88.32 allow the individual to provide direct contact services as 88.33 provided under subdivision 3. 88.34 Sec. 12. Minnesota Statutes 2004, section 245C.17, 88.35 subdivision 3, is amended to read: 88.36 Subd. 3. [DISQUALIFICATION NOTICE SENT TO APPLICANT, 89.1 LICENSE HOLDER, OR OTHER ENTITY.] (a) The commissioner shall 89.2 notify an applicant, license holder, or other entity as provided 89.3 in this chapter who is not the subject of the study: 89.4 (1) that the commissioner has found information that 89.5 disqualifies the individual studied from direct contact with, or 89.6 from access to, persons served by the program; and 89.7 (2) the commissioner's determination of the individual's 89.8 risk of harm under section 245C.16. 89.9 (b) If the commissioner determines under section 245C.16 89.10 that an individual studied poses an imminent risk of harm to 89.11 persons served by the program where the individual studied will 89.12 have direct contact, the commissioner shall order the license 89.13 holder to immediately remove the individual studied from direct 89.14 contact. 89.15 (c) If the commissioner determines under section 245C.16 89.16 that an individual studied poses a risk of harm that requires 89.17 continuous, direct supervision, the commissioner shall order the 89.18 applicant, license holder, or other entities as provided in this 89.19 chapter to: 89.20 (1) immediately remove the individual studied from direct 89.21 contact services; or 89.22 (2) before allowing the disqualified individual to provide 89.23 direct contact services, the applicant, license holder, or other 89.24 entity, as provided in this chapter, must: 89.25 (i) obtain from the disqualified individual a copy of the 89.26 individual's notice of disqualification from the commissioner 89.27 that explains the reason for disqualification; 89.28 (ii)assureensure that the individual studied is under 89.29 continuous, direct supervision when providing direct contact 89.30 services during the period in which the individual may request a 89.31 reconsideration of the disqualification under section 245C.21; 89.32 and 89.33 (iii) ensure that the disqualified individual requests 89.34 reconsideration within 30 days of receipt of the notice of 89.35 disqualification. 89.36 (d) If the commissioner determines under section 245C.16 90.1 that an individual studied does not pose a risk of harm that 90.2 requires continuous, direct supervision, the commissioner shall 90.3send the license holder a notice that more time is needed to90.4complete the individual's background studyorder the applicant, 90.5 license holder, or other entities as provided in this chapter to: 90.6 (1) immediately remove the individual studied from direct 90.7 contact services; or 90.8 (2) before allowing the disqualified individual to provide 90.9 direct contact services, the applicant, license holder, or other 90.10 entity as provided in this chapter must: 90.11 (i) obtain from the disqualified individual a copy of the 90.12 individual's notice of disqualification from the commissioner 90.13 that explains the reason for disqualification; and 90.14 (ii) ensure that the disqualified individual requests 90.15 reconsideration within 15 days of receipt of the notice of 90.16 disqualification. 90.17 (e) The commissioner shall not notify the applicant, 90.18 license holder, or other entity as provided in this chapter of 90.19 the information contained in the subject's background study 90.20 unless: 90.21 (1) the basis for the disqualification is failure to 90.22 cooperate with the background study or substantiated 90.23 maltreatment under section 626.556 or 626.557; 90.24 (2) the Data Practices Act under chapter 13 provides for 90.25 release of the information; or 90.26 (3) the individual studied authorizes the release of the 90.27 information. 90.28 Sec. 13. Minnesota Statutes 2004, section 245C.21, 90.29 subdivision 3, is amended to read: 90.30 Subd. 3. [INFORMATION DISQUALIFIED INDIVIDUALS MUST 90.31 PROVIDE WHEN REQUESTING RECONSIDERATION.]The(a) When a 90.32 disqualified individualrequesting reconsiderationrequests that 90.33 the commissioner rescind the disqualification, the individual 90.34 must submit information showing that: 90.35 (1) the information the commissioner relied upon in 90.36 determining the underlying conduct that gave rise to the 91.1 disqualification is incorrect; 91.2 (2) for disqualifications under section 245C.15, 91.3 subdivision 1, based on maltreatment, the information the 91.4 commissioner relied upon in determining that maltreatment 91.5 resulted in death or serious injury as defined under section 91.6 245C.02, subdivision 18, is incorrect; or 91.7 (3) for disqualifications under section 245C.15, 91.8 subdivision 4, based on maltreatment, the information the 91.9 commissioner relied upon in determining that maltreatment was 91.10 serious or recurring is incorrect; or. 91.11(3)(b) When a disqualified individual requests that the 91.12 commissioner set aside a disqualification, the individual must 91.13 submit information showing that: 91.14 (1) the subject of the study does not pose a risk of harm 91.15 to any person served by the applicant, license holder, or other 91.16 entities as provided in this chapter, by addressing the 91.17 information required under section 245C.22, subdivision 4; and 91.18 (2) the disqualified individual has received a notice 91.19 stating that if the disqualification is set aside, the 91.20 individual's identity and the individual's disqualifying 91.21 characteristics will become public data. 91.22 Sec. 14. Minnesota Statutes 2004, section 245C.21, 91.23 subdivision 4, is amended to read: 91.24 Subd. 4. [NOTICE OF REQUEST FOR RECONSIDERATION.] Upon 91.25 request, the commissioner may inform the applicant, license 91.26 holder, or other entities as provided in this chapter who 91.27 received a notice of the individual's disqualification under 91.28 section 245C.17, subdivision 3, or has the consent of the91.29disqualified individual,whether the disqualified individual has 91.30 requested reconsideration. 91.31 Sec. 15. Minnesota Statutes 2004, section 245C.22, is 91.32 amended by adding a subdivision to read: 91.33 Subd. 7. [CLASSIFICATION OF CERTAIN DATA AS PUBLIC OR 91.34 PRIVATE.] (a) Notwithstanding section 13.46, upon setting aside 91.35 a disqualification under this section, the identity of the 91.36 disqualified individual who received the set aside and the 92.1 individual's disqualifying characteristics are public data. 92.2 (b) Notwithstanding section 13.46, upon granting a variance 92.3 to a license holder under section 245C.30, the identity of the 92.4 disqualified individual who is the subject of the variance, the 92.5 individual's disqualifying characteristics, and the terms of the 92.6 variance are public data. 92.7 (c) The identity of a disqualified individual and the 92.8 reason for disqualification remain private data when a 92.9 disqualification is: 92.10 (1) not set aside and no variance is granted; and 92.11 (2) rescinded because the information relied upon to 92.12 disqualify the individual is incorrect. 92.13 Sec. 16. Minnesota Statutes 2004, section 245C.23, 92.14 subdivision 1, is amended to read: 92.15 Subdivision 1. [COMMISSIONER'S NOTICE OF DISQUALIFICATION 92.16 THAT IS RESCINDED OR SET ASIDE.](a) Except as provided under92.17paragraph (c),If the commissioner rescinds or sets aside a 92.18 disqualification, the commissioner shall notify the applicant or 92.19 license holder in writing or by electronic transmission of the 92.20 decision. In the notice from the commissioner that a 92.21 disqualification has been rescinded, the commissioner must 92.22 inform the license holder that the information relied upon to 92.23 disqualify the individual was incorrect. In the notice from the 92.24 commissioner that a disqualification has been set aside, the 92.25 commissioner must inform the license holderthat information92.26about the natureof the reason for the individual's 92.27 disqualification and which factors under section 245C.22, 92.28 subdivision 4, were the basis of the decision to set aside the 92.29 disqualificationare available to the license holder upon92.30request without the consent of the background study subject. 92.31(b) With the written consent of the background study92.32subject, the commissioner may release to the license holder92.33copies of all information related to the background study92.34subject's disqualification and the commissioner's decision to92.35set aside the disqualification as specified in the written92.36consent.93.1(c) If the individual studied submits a timely request for93.2reconsideration under section 245C.21 and the license holder was93.3previously sent a notice under section 245C.17, subdivision 3,93.4paragraph (d), and if the commissioner sets aside the93.5disqualification for that license holder under section 245C.22,93.6the commissioner shall send the license holder the same93.7notification received by license holders in cases where the93.8individual studied has no disqualifying characteristic.93.9 Sec. 17. Minnesota Statutes 2004, section 245C.24, 93.10 subdivision 2, is amended to read: 93.11 Subd. 2. [PERMANENT BAR TO SET ASIDEOFA 93.12 DISQUALIFICATION.] (a) Except as provided in paragraph (b), the 93.13 commissioner may not set aside the disqualification of an 93.14 individual in connection with a licenseto provide family child93.15care for children, foster care for children in the provider's93.16home, or foster care or day care services for adults in the93.17provider's home,issued or in application status under chapter 93.18 245A, regardless of how much time has passed, if the provider 93.19 was disqualified for a crime or conduct listed in section 93.20 245C.15, subdivision 1. 93.21 (b) Unless the disqualification under section 245C.15, 93.22 subdivision 1, relates to criminal sexual conduct or a license 93.23 to provide family child care, child foster care, adult day 93.24 services, or adult foster care in the license holder's 93.25 residence, the commissioner is not prohibited from setting aside 93.26 a disqualification according to section 245C.22, for an 93.27 individual who, in addition to criteria under section 245A.22, 93.28 demonstrates to the commissioner that: 93.29 (1) the person was disqualified because of conduct 93.30 prohibited by section 152.021, 152.022, 152.023, or 152.024; 93.31 (2) the individual has successfully completed chemical 93.32 dependency treatment from a program licensed by the Department 93.33 of Human Services or operated by the Department of Corrections; 93.34 (3) at least five years have passed since completion of the 93.35 treatment program; and 93.36 (4) the individual has not engaged in any criminal or 94.1 maltreatment behavior since completing treatment. 94.2 Sec. 18. Minnesota Statutes 2004, section 245C.24, 94.3 subdivision 3, is amended to read: 94.4 Subd. 3. [TEN-YEAR BAR TO SET ASIDE DISQUALIFICATION.] (a) 94.5 Except as provided in paragraph (d), the commissioner may not 94.6 set aside the disqualification of an individual in connection 94.7 with a licenseto provide family child care for children, foster94.8care for children in the provider's home, or foster care or day94.9care services for adults in the provider's homeunder chapter 94.10 245A if: (1) less than ten years has passed since the discharge 94.11 of the sentence imposed, if any, for the offense; and (2) the 94.12 individual has beenconvicted ofdisqualified for a violation of 94.13 any of the following offenses: sections609.165 (felon94.14ineligible to possess firearm); criminal vehicular homicide94.15under 609.21 (criminal vehicular homicide and injury);609.215 94.16 (aiding suicide or aiding attempted suicide); felony violations 94.17 under609.223 or609.2231 (assault in thethird orfourth 94.18 degree); 609.713 (terroristic threats);609.235 (use of drugs to94.19injure or to facilitate crime); 609.24 (simple robbery); 609.25594.20(false imprisonment); 609.562 (arson in the second degree);94.21 609.71 (riot);609.498, subdivision 1 or 1b (aggravated first94.22degree or first degree tampering with a witness); burglary in94.23the first or second degree under609.582, subdivision 94.24 2 (burglary in the second degree); 609.66, subdivision 1, 1a, 94.25 1b, 1c, 1d, 1f, 1g, or 1h (dangerous weapon); 609.665 (spring 94.26 guns); 609.67 (machine guns and short-barreled shotguns); 94.27 609.749, subdivision 2 (gross misdemeanor harassment; stalking); 94.28152.021 or 152.022 (controlled substance crime in the first or94.29second degree); 152.023, subdivision 1, clause (3) or (4) or94.30subdivision 2, clause (4) (controlled substance crime in the94.31third degree); 152.024, subdivision 1, clause (2), (3), or (4)94.32(controlled substance crime in the fourth degree);609.224, 94.33 subdivision 2, paragraph (c) (fifth degree assault by a 94.34 caregiver against a vulnerable adult); 609.23 (mistreatment of 94.35 persons confined); 609.231 (mistreatment of residents or 94.36 patients); 609.2325 (criminal abuse of a vulnerable adult); 95.1 609.233 (criminal neglect of a vulnerable adult); 609.2335 95.2 (financial exploitation of a vulnerable adult); 609.234 (failure 95.3 to report); 609.265 (abduction);609.2664 to 609.266595.4(manslaughter of an unborn child in the first or second degree);95.5609.267 to609.2672 (assault of an unborn child in thefirst,95.6second, orthird degree);609.268 (injury or death of an unborn95.7child in the commission of a crime);617.293 (disseminating or 95.8 displaying harmful material to minors); a felony-level 95.9 conviction involving alcohol or drug use, a gross misdemeanor 95.10 offense under 609.324, subdivision 1 (other prohibited acts); a 95.11 gross misdemeanor offense under 609.378 (neglect or endangerment 95.12 of a child); a gross misdemeanor offense under 609.377 95.13 (malicious punishment of a child); or 609.72, subdivision 3 95.14 (disorderly conduct against a vulnerable adult). 95.15 (b) The commissioner may not set aside the disqualification 95.16 of an individual if less than ten years have passed since the 95.17 individual's aiding and abetting, attempt, or conspiracy to 95.18 commit any of the offenses listed in paragraph (a) as each of 95.19 these offenses is defined in Minnesota Statutes. 95.20 (c) The commissioner may not set aside the disqualification 95.21 of an individual if less than ten years have passed since the 95.22 discharge of the sentence imposed for an offense in any other 95.23 state or country, the elements of which are substantially 95.24 similar to the elements of any of the offenses listed in 95.25 paragraph (a). 95.26 (d) Unless the disqualification under paragraph (a) relates 95.27 to a license to provide family child care, child foster care, 95.28 adult day services, or adult foster care in the license holder's 95.29 residence, the commissioner is not prohibited from setting aside 95.30 a disqualification for disqualification listed in paragraph (a) 95.31 according to section 245C.22, for an individual who, in addition 95.32 to criteria under section 245A.22, demonstrates to the 95.33 commissioner that: 95.34 (1) the person was disqualified because of conduct 95.35 prohibited by section 152.021, 152.022, 152.023, or 152.024; 95.36 (2) the individual has successfully completed chemical 96.1 dependency treatment from a program licensed by the Department 96.2 of Human Services or operated by the Department of Corrections; 96.3 (3) at least five years have passed since completion of the 96.4 treatment program; and 96.5 (4) the individual has not engaged in any criminal or 96.6 maltreatment behavior since completing treatment. 96.7 Sec. 19. Minnesota Statutes 2004, section 245C.24, 96.8 subdivision 4, is amended to read: 96.9 Subd. 4. [SEVEN-YEAR BAR TO SET ASIDE DISQUALIFICATION.] 96.10 (a) Except as provided in paragraph (b), the commissioner may 96.11 not set aside the disqualification of an individual in 96.12 connection with a licenseto provide family child care for96.13children, foster care for children in the provider's home, or96.14foster care or day care services for adults in the provider's96.15homeunder chapter 245A if within seven years preceding the 96.16 study: 96.17 (1) the individualcommitted an act that constituteswas 96.18 determined to be responsible for maltreatmentof a childunder 96.19 section 626.556,subdivision 10e,and: 96.20 (i) the maltreatment is a disqualification under section 96.21 245C.15, subdivision 4; and 96.22 (ii) the maltreatment resulted in substantial bodily harm 96.23 as defined in section 609.02, subdivision 7a, or substantial 96.24 mental or emotional harm as supported by competent psychological 96.25 or psychiatric evidence; or 96.26 (2) the individual was determined to be responsible for 96.27 maltreatment under section 626.557to be the perpetrator of a96.28substantiated incident of maltreatment of a vulnerable adult96.29that, and: 96.30 (i) the maltreatment is a disqualification under section 96.31 245C.15, subdivision 4; and 96.32 (ii) the maltreatment resulted in substantial bodily harm 96.33 as defined in section 609.02, subdivision 7a, or substantial 96.34 mental or emotional harm as supported by competent psychological 96.35 or psychiatric evidence. 96.36 (b) Unless the disqualification under paragraph (a) relates 97.1 to a license to provide family child care, child foster care, 97.2 adult day services, or adult foster care in the license holder's 97.3 residence, the commissioner is not prohibited from setting aside 97.4 a disqualification for disqualification listed in paragraph (a) 97.5 according to section 245C.22, for an individual who, in addition 97.6 to criteria under section 245A.22, demonstrates to the 97.7 commissioner that: 97.8 (1) the person was disqualified because of conduct 97.9 prohibited by section 152.021, 152.022, 152.023, or 152.024; 97.10 (2) the individual has successfully completed chemical 97.11 dependency treatment from a program licensed by the Department 97.12 of Human Services or operated by the Department of Corrections; 97.13 (3) at least five years have passed since completion of the 97.14 treatment program; and 97.15 (4) the individual has not engaged in any criminal or 97.16 maltreatment behavior since completing treatment. 97.17 Sec. 20. Minnesota Statutes 2004, section 245C.24, is 97.18 amended by adding a subdivision to read: 97.19 Subd. 6. [NOTIFICATION OF DISQUALIFICATIONS.] The 97.20 commissioner shall expand notification of disqualifications to 97.21 entities and inform the public about disqualifications as 97.22 provided under this chapter and section 13.46. 97.23 Sec. 21. Minnesota Statutes 2004, section 245C.30, 97.24 subdivision 1, is amended to read: 97.25 Subdivision 1. [LICENSE HOLDER VARIANCE.] (a) Except for 97.26 any disqualification under section 245C.15, subdivision 1, when 97.27 the commissioner has not set aside a background study subject's 97.28 disqualification, and there are conditions under which the 97.29 disqualified individual may provide direct contact services or 97.30 have access to people receiving services that minimize the risk 97.31 of harm to people receiving services, the commissioner may grant 97.32 a time-limited variance to a license holder. 97.33 (b) The variance shall state the reason for the 97.34 disqualification, the services that may be provided by the 97.35 disqualified individual, and the conditions with which the 97.36 license holder or applicant must comply for the variance to 98.1 remain in effect. 98.2 (c) Except for programs licensed to provide family child 98.3 care for children, foster care for children in the provider's 98.4 own home, or foster care or day care services for adults in the 98.5 provider's own home, the variance must be requested by the 98.6 license holder. 98.7 Sec. 22. Minnesota Statutes 2004, section 245C.30, 98.8 subdivision 2, is amended to read: 98.9 Subd. 2. [DISCLOSURE OF REASON FOR DISQUALIFICATION.](a)98.10 The commissioner may not grant a variance for a disqualified 98.11 individual unless theapplicant or license holder requests the98.12variance and thedisqualified individual provides written 98.13 consent for the commissioner to disclose to the applicant or 98.14 license holder the reason for the disqualification; and the 98.15 commissioner has documentation showing that the disqualified 98.16 individual has been informed that if the variance is granted, 98.17 the individual's identity, reason for disqualification, and 98.18 terms of the variance will become public data. 98.19(b) This subdivision does not apply to programs licensed to98.20provide family child care for children, foster care for children98.21in the provider's own home, or foster care or day care services98.22for adults in the provider's own home.98.23 Sec. 23. Minnesota Statutes 2004, section 626.557, 98.24 subdivision 12b, is amended to read: 98.25 Subd. 12b. [DATA MANAGEMENT.] (a) [COUNTY DATA.] In 98.26 performing any of the duties of this section as a lead agency, 98.27 the county social service agency shall maintain appropriate 98.28 records. Data collected by the county social service agency 98.29 under this section are welfare data under section 13.46. 98.30 Notwithstanding section 13.46, subdivision 1, paragraph (a), 98.31 data under this paragraph that are inactive investigative data 98.32 on an individual who is a vendor of services are private data on 98.33 individuals, as defined in section 13.02. The identity of the 98.34 reporter may only be disclosed as provided in paragraph (c). 98.35 Data maintained by the common entry point are confidential 98.36 data on individuals or protected nonpublic data as defined in 99.1 section 13.02. Notwithstanding section 138.163, the common 99.2 entry point shall destroy data three calendar years after date 99.3 of receipt. 99.4 (b) [LEAD AGENCY DATA.] The commissioners of health and 99.5 human services shall prepare an investigation memorandum for 99.6 each report alleging maltreatment investigated under this 99.7 section. During an investigation by the commissioner of health 99.8 or the commissioner of human services, data collected under this 99.9 section are confidential data on individuals or protected 99.10 nonpublic data as defined in section 13.02. Upon completion of 99.11 the investigation, the data are classified as provided in 99.12 clauses (1) to (3) and paragraph (c). 99.13 (1) The investigation memorandum must contain the following 99.14 data, which are public: 99.15 (i) the name of the facility investigated; 99.16 (ii) a statement of the nature of the alleged maltreatment; 99.17 (iii) pertinent information obtained from medical or other 99.18 records reviewed; 99.19 (iv) the identity of the investigator; 99.20 (v) a summary of the investigation's findings; 99.21 (vi) statement of whether the report was found to be 99.22 substantiated, inconclusive, false, or that no determination 99.23 will be made; 99.24 (vii) a statement of any action taken by the facility; 99.25 (viii) a statement of any action taken by the lead agency; 99.26 and 99.27 (ix) when a lead agency's determination has substantiated 99.28 maltreatment, a statement of whether an individual, individuals, 99.29 or a facility were responsible for the substantiated 99.30 maltreatment, if known. 99.31 The investigation memorandum must be written in a manner 99.32 which protects the identity of the reporter and of the 99.33 vulnerable adult and may not contain the names or, to the extent 99.34 possible, data on individuals or private data listed in clause 99.35 (2). 99.36 (2) Data on individuals collected and maintained in the 100.1 investigation memorandum are private data, including: 100.2 (i) the name of the vulnerable adult; 100.3 (ii) the identity of the individual alleged to be the 100.4 perpetrator; 100.5 (iii) the identity of the individual substantiated as the 100.6 perpetrator; and 100.7 (iv) the identity of all individuals interviewed as part of 100.8 the investigation. 100.9 (3) Other data on individuals maintained as part of an 100.10 investigation under this section are private data on individuals 100.11 upon completion of the investigation. 100.12 (c) [IDENTITY OF REPORTER.] The subject of the report may 100.13 compel disclosure of the name of the reporter only with the 100.14 consent of the reporter or upon a written finding by a court 100.15 that the report was false and there is evidence that the report 100.16 was made in bad faith. This subdivision does not alter 100.17 disclosure responsibilities or obligations under the Rules of 100.18 Criminal Procedure, except that where the identity of the 100.19 reporter is relevant to a criminal prosecution, the district 100.20 court shall do an in-camera review prior to determining whether 100.21 to order disclosure of the identity of the reporter. 100.22 (d) [DESTRUCTION OF DATA.] Notwithstanding section 100.23 138.163, data maintained under this section by the commissioners 100.24 of health and human services must be destroyed under the 100.25 following schedule: 100.26 (1) data from reports determined to be false, two years 100.27 after the finding was made; 100.28 (2) data from reports determined to be inconclusive, four 100.29 years after the finding was made; 100.30 (3) data from reports determined to be substantiated,seven100.31 at least ten years after the finding was made; and 100.32 (4) data from reports which were not investigated by a lead 100.33 agency and for which there is no final disposition, two years 100.34 from the date of the report. 100.35 (e) [SUMMARY OF REPORTS.] The commissioners of health and 100.36 human services shall each annually report to the legislature and 101.1 the governor on the number and type of reports of alleged 101.2 maltreatment involving licensed facilities reported under this 101.3 section, the number of those requiring investigation under this 101.4 section, and the resolution of those investigations. The report 101.5 shall identify: 101.6 (1) whether and where backlogs of cases result in a failure 101.7 to conform with statutory time frames; 101.8 (2) where adequate coverage requires additional 101.9 appropriations and staffing; and 101.10 (3) any other trends that affect the safety of vulnerable 101.11 adults. 101.12 (f) [RECORD RETENTION POLICY.] Each lead agency must have 101.13 a record retention policy. 101.14 (g) [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting 101.15 authorities, and law enforcement agencies may exchange not 101.16 public data, as defined in section 13.02, if the agency or 101.17 authority requesting the data determines that the data are 101.18 pertinent and necessary to the requesting agency in initiating, 101.19 furthering, or completing an investigation under this section. 101.20 Data collected under this section must be made available to 101.21 prosecuting authorities and law enforcement officials, local 101.22 county agencies, and licensing agencies investigating the 101.23 alleged maltreatment under this section. The lead agency shall 101.24 exchange not public data with the vulnerable adult maltreatment 101.25 review panel established in section 256.021 if the data are 101.26 pertinent and necessary for a review requested under that 101.27 section. Upon completion of the review, not public data 101.28 received by the review panel must be returned to the lead agency. 101.29 (h) [COMPLETION TIME.] Each lead agency shall keep records 101.30 of the length of time it takes to complete its investigations. 101.31 (i) [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead 101.32 agency may notify other affected parties and their authorized 101.33 representative if the agency has reason to believe maltreatment 101.34 has occurred and determines the information will safeguard the 101.35 well-being of the affected parties or dispel widespread rumor or 101.36 unrest in the affected facility. 102.1 (j) [FEDERAL REQUIREMENTS.] Under any notification 102.2 provision of this section, where federal law specifically 102.3 prohibits the disclosure of patient identifying information, a 102.4 lead agency may not provide any notice unless the vulnerable 102.5 adult has consented to disclosure in a manner which conforms to 102.6 federal requirements. 102.7 ARTICLE 7 102.8 SEX OFFENDER 102.9 MISCELLANEOUS, TECHNICAL, AND CONFORMING PROVISIONS 102.10 Section 1. Minnesota Statutes 2004, section 13.871, 102.11 subdivision 5, is amended to read: 102.12 Subd. 5. [CRIME VICTIMS.] (a) [CRIME VICTIM NOTICE OF 102.13 RELEASE.] Data on crime victims who request notice of an 102.14 offender's release are classified under section 611A.06. 102.15 (b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex 102.16 offenders under section 611A.19, subdivision 2, are classified 102.17 under that section. 102.18 (c) [BATTERED WOMEN.] Data on battered women maintained by 102.19 grantees for emergency shelter and support services for battered 102.20 women are governed by section 611A.32, subdivision 5. 102.21 (d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and 102.22 victims of domestic abuse maintained by grantees and recipients 102.23 of per diem payments for emergency shelter for battered women 102.24 and support services for battered women and victims of domestic 102.25 abuse are governed by sections 611A.32, subdivision 5, and 102.26 611A.371, subdivision 3. 102.27 (e) [PERSONAL HISTORY; INTERNAL AUDITING.] Certain personal 102.28 history and internal auditing data is classified by section 102.29 611A.46. 102.30 (f) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and 102.31 supporting documents filed by crime victims seeking reparations 102.32 are classified under section 611A.57, subdivision 6. 102.33 (g) [CRIME VICTIM OVERSIGHT ACT.] Data maintained by the 102.34 commissioner of public safety under the Crime Victim Oversight 102.35 Act are classified under section 611A.74, subdivision 2. 102.36 (h) [VICTIM IDENTITY DATA.] Data relating to the identity 103.1 of the victims of certain criminal sexual conduct is governed by 103.2 section 609.2471. 103.3 Sec. 2. Minnesota Statutes 2004, section 144.335, is 103.4 amended by adding a subdivision to read: 103.5 Subd. 3d. [CRIMINAL HISTORY INFORMATION; 103.6 CLASSIFICATION.] A provider that receives criminal history 103.7 information about a patient from the Department of Corrections 103.8 or the Department of Human Services must include that 103.9 information in the patient's health record. The criminal 103.10 history information may only be used and disclosed as provided 103.11 in this section and applicable federal law. 103.12 Sec. 3. Minnesota Statutes 2004, section 241.67, 103.13 subdivision 3, is amended to read: 103.14 Subd. 3. [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE 103.15 COMMISSIONER.] (a) The commissioner shall provide for a range of 103.16 sex offender programs, including intensive sex offender 103.17 programs, within the state adult correctional facility system. 103.18 Participation in any program is subject to the rules and 103.19 regulations of the Department of Corrections. Nothing in this 103.20 section requires the commissioner to accept or retain an 103.21 offender in a program if the offender is determined by prison 103.22 professionals as unamenable to programming within the prison 103.23 system or if the offender refuses or fails to comply with the 103.24 program's requirements. Nothing in this section creates a right 103.25 of an offender to treatment. 103.26 (b) The commissioner shall develop a plan to provide for 103.27 residential and outpatient sex offender programming and 103.28 aftercare when required for conditional release under section 103.29 609.108 or as a condition of supervised release. The plan may 103.30 include co-payments from the offender, third-party payers, local 103.31 agencies, or other funding sources as they are identified. 103.32 Sec. 4. Minnesota Statutes 2004, section 242.195, 103.33 subdivision 1, is amended to read: 103.34 Subdivision 1. [SEX OFFENDER PROGRAMS.] (a) The 103.35 commissioner of corrections shall develop a plan to provide for 103.36 a range of sex offender programs, including intensive sex 104.1 offender programs, for juveniles within state juvenile 104.2 correctional facilities and through purchase of service from 104.3 county and private residential and outpatient juvenile sex 104.4 offender programs. The plan may include co-payments from the 104.5 offenders, third-party payers, local agencies, and other funding 104.6 sources as they are identified. 104.7 (b) The commissioner shall establish and operate a 104.8 residential sex offender program at one of the state juvenile 104.9 correctional facilities. The program must be structured to 104.10 address both the therapeutic and disciplinary needs of juvenile 104.11 sex offenders. The program must afford long-term residential 104.12 treatment for a range of juveniles who have committed sex 104.13 offenses and have failed other treatment programs or are not 104.14 likely to benefit from an outpatient or a community-based 104.15 residential treatment program. 104.16 Sec. 5. Minnesota Statutes 2004, section 243.166, 104.17 subdivision 1, is amended to read: 104.18 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 104.19 register under this section if: 104.20 (1) the person was charged with or petitioned for a felony 104.21 violation of or attempt to violate any of the following, and 104.22 convicted of or adjudicated delinquent for that offense or 104.23 another offense arising out of the same set of circumstances: 104.24 (i) murder under section 609.185, clause (2); or 104.25 (ii) kidnapping under section 609.25; or 104.26 (iii) criminal sexual conduct under section 609.342; 104.27 609.343; 609.344; 609.345;or609.3451, subdivision 3; or 104.28 609.3453; or 104.29 (iv) indecent exposure under section 617.23, subdivision 3; 104.30 or 104.31 (2) the person was charged with or petitioned for falsely 104.32 imprisoning a minor in violation of section 609.255, subdivision 104.33 2; soliciting a minor to engage in prostitution in violation of 104.34 section 609.322 or 609.324; soliciting a minor to engage in 104.35 sexual conduct in violation of section 609.352; using a minor in 104.36 a sexual performance in violation of section 617.246; or 105.1 possessing pornographic work involving a minor in violation of 105.2 section 617.247, and convicted of or adjudicated delinquent for 105.3 that offense or another offense arising out of the same set of 105.4 circumstances; or 105.5 (3) the personwas convicted of a predatory crime as105.6defined in section 609.108, and the offenderwas sentencedas a105.7patterned sex offender or the court found on its own motion or105.8that of the prosecutor that the crime was part of a predatory105.9pattern of behavior that had criminal sexual conduct as its goal105.10 as a patterned sex offender under section 609.108; or 105.11 (4) the person was convicted of or adjudicated delinquent 105.12 for, including pursuant to a court martial, violating a law of 105.13 the United States, including the Uniform Code of Military 105.14 Justice, similar to the offenses described in clause (1), (2), 105.15 or (3). 105.16 (b) A person also shall register under this section if: 105.17 (1) the person was convicted of or adjudicated delinquent 105.18 in another state for an offense that would be a violation of a 105.19 law described in paragraph (a) if committed in this state; 105.20 (2) the person enters the state to reside, or to work or 105.21 attend school; and 105.22 (3) ten years have not elapsed since the person was 105.23 released from confinement or, if the person was not confined, 105.24 since the person was convicted of or adjudicated delinquent for 105.25 the offense that triggers registration, unless the person is 105.26 subject to lifetime registration, in which case the person must 105.27 register for life regardless of when the person was released 105.28 from confinement, convicted, or adjudicated delinquent. 105.29 For purposes of this paragraph: 105.30 (i) "school" includes any public or private educational 105.31 institution, including any secondary school, trade or 105.32 professional institution, or institution of higher education, 105.33 that the person is enrolled in on a full-time or part-time 105.34 basis; and 105.35 (ii) "work" includes employment that is full time or part 105.36 time for a period of time exceeding 14 days or for an aggregate 106.1 period of time exceeding 30 days during any calendar year, 106.2 whether financially compensated, volunteered, or for the purpose 106.3 of government or educational benefit. 106.4 (c) A person also shall register under this section if the 106.5 person was committed pursuant to a court commitment order under 106.6 section 253B.185 or Minnesota Statutes 1992, section 526.10, or 106.7 a similar law of another state or the United States, regardless 106.8 of whether the person was convicted of any offense. 106.9 (d) A person also shall register under this section if: 106.10 (1) the person was charged with or petitioned for a felony 106.11 violation or attempt to violate any of the offenses listed in 106.12 paragraph (a), clause (1), or a similar law of another state or 106.13 the United States, or the person was charged with or petitioned 106.14 for a violation of any of the offenses listed in paragraph (a), 106.15 clause (2), or a similar law of another state or the United 106.16 States; 106.17 (2) the person was found not guilty by reason of mental 106.18 illness or mental deficiency after a trial for that offense, or 106.19 found guilty but mentally ill after a trial for that offense, in 106.20 states with a guilty but mentally ill verdict; and 106.21 (3) the person was committed pursuant to a court commitment 106.22 order under section 253B.18 or a similar law of another state or 106.23 the United States. 106.24 [EFFECTIVE DATE.] This section is effective August 1, 2005, 106.25 and applies to crimes committed on or after that date. 106.26 Sec. 6. Minnesota Statutes 2004, section 244.05, 106.27 subdivision 6, is amended to read: 106.28 Subd. 6. [INTENSIVE SUPERVISED RELEASE.] The commissioner 106.29 may order that an inmate be placed on intensive supervised 106.30 release for all or part of the inmate's supervised release or 106.31 parole term if the commissioner determines that the action will 106.32 further the goals described in section 244.14, subdivision 1, 106.33 clauses (2), (3), and (4). In addition, the commissioner may 106.34 order that an inmate be placed on intensive supervised release 106.35 for all of the inmate's conditional or supervised release term 106.36 if the inmate was convicted of a sex offense undersections107.1 section 609.342to, 609.343, 609.344, 609.345, or 609.3453 or 107.2 was sentenced under the provisions of section 609.108. The 107.3 commissioner shall order that all level III sex offenders be 107.4 placed on intensive supervised release for the entire supervised 107.5 release, conditional release, or parole term. As a condition of 107.6 release, level III sex offenders must submit to polygraph tests 107.7 at the commissioner's request. The scope of the polygraph tests 107.8 is limited to an offender's conditions of release while on 107.9 intensive supervised release. The commissioner may impose 107.10 appropriate conditions of release on the inmate including but 107.11 not limited to unannounced searches of the inmate's person, 107.12 vehicle, or premises by an intensive supervision agent; 107.13 compliance with court-ordered restitution, if any; random drug 107.14 testing; house arrest; daily curfews; frequent face-to-face 107.15 contacts with an assigned intensive supervision agent; work, 107.16 education, or treatment requirements; and electronic 107.17 surveillance. In addition, any sex offender placed on intensive 107.18 supervised release may be ordered to participate in an 107.19 appropriate sex offender program as a condition of release. If 107.20 the inmate violates the conditions of the intensive supervised 107.21 release, the commissioner shall impose sanctions as provided in 107.22 subdivision 3 and section 609.108. 107.23 [EFFECTIVE DATE.] This section is effective August 1, 2005, 107.24 and applies to crimes committed on or after that date. 107.25 Sec. 7. Minnesota Statutes 2004, section 244.05, 107.26 subdivision 7, is amended to read: 107.27 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 107.28 (a) Before the commissioner releases from prison any inmate 107.29 convicted undersectionssection 609.342to, 609.343, 609.344, 107.30 609.345, or 609.3453 or sentenced as a patterned offender under 107.31 section 609.108, and determined by the commissioner to be in a 107.32 high risk category, the commissioner shall make a preliminary 107.33 determination whether, in the commissioner's opinion, a petition 107.34 under section 253B.185 may be appropriate. 107.35 (b) In making this decision, the commissioner shall have 107.36 access to the following data only for the purposes of the 108.1 assessment and referral decision: 108.2 (1) private medical data under section 13.384 or 144.335, 108.3 or welfare data under section 13.46 that relate to medical 108.4 treatment of the offender; 108.5 (2) private and confidential court services data under 108.6 section 13.84; 108.7 (3) private and confidential corrections data under section 108.8 13.85; and 108.9 (4) private criminal history data under section 13.87. 108.10 (c) If the commissioner determines that a petition may be 108.11 appropriate, the commissioner shall forward this determination, 108.12 along with a summary of the reasons for the determination, to 108.13 the county attorney in the county where the inmate was convicted 108.14 no later than 12 months before the inmate's release date. If 108.15 the inmate is received for incarceration with fewer than 12 108.16 months remaining in the inmate's term of imprisonment, or if the 108.17 commissioner receives additional information less than 12 months 108.18 before release which makes the inmate's case appropriate for 108.19 referral, the commissioner shall forward the determination as 108.20 soon as is practicable. Upon receiving the commissioner's 108.21 preliminary determination, the county attorney shall proceed in 108.22 the manner provided in section 253B.185. The commissioner shall 108.23 release to the county attorney all requested documentation 108.24 maintained by the department. 108.25 [EFFECTIVE DATE.] This section is effective August 1, 2005, 108.26 and applies to crimes committed on or after that date. 108.27 Sec. 8. Minnesota Statutes 2004, section 253B.18, 108.28 subdivision 5, is amended to read: 108.29 Subd. 5. [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 108.30 (a) A petition for an order of transfer, discharge, provisional 108.31 discharge, or revocation of provisional discharge shall be filed 108.32 with the commissioner and may be filed by the patient or by the 108.33 head of the treatment facility. A patient may not petition the 108.34 special review board for six months following commitment under 108.35 subdivision 3 or following the final disposition of any previous 108.36 petition and subsequent appeal by the patient. The medical 109.1 director may petition at any time. 109.2 (b) Fourteen days prior to the hearing, the committing 109.3 court, the county attorney of the county of commitment, the 109.4 designated agency, interested person, the petitioner, and the 109.5 petitioner's counsel shall be given written notice by the 109.6 commissioner of the time and place of the hearing before the 109.7 special review board. Only those entitled to statutory notice 109.8 of the hearing or those administratively required to attend may 109.9 be present at the hearing. The patient may designate interested 109.10 persons to receive notice by providing the names and addresses 109.11 to the commissioner at least 21 days before the hearing. The 109.12 board shall provide the commissioner with written findings of 109.13 fact and recommendations within 21 days of the hearing. The 109.14 commissioner shall issue an order no later than 14 days after 109.15 receiving the recommendation of the special review board. A 109.16 copy of the order shall be sent by certified mail to every 109.17 person entitled to statutory notice of the hearing within five 109.18 days after it is signed. No order by the commissioner shall be 109.19 effective sooner than 30 days after the order is signed, unless 109.20 the county attorney, the patient, and the commissioner agree 109.21 that it may become effective sooner. 109.22 (c) The special review board shall hold a hearing on each 109.23 petition prior to making its recommendation to the 109.24 commissioner. The special review board proceedings are not 109.25 contested cases as defined in chapter 14. Any person or agency 109.26 receiving notice that submits documentary evidence to the 109.27 special review board prior to the hearing shall also provide 109.28 copies to the patient, the patient's counsel, the county 109.29 attorney of the county of commitment, the case manager, and the 109.30 commissioner. 109.31 (d) Prior to the final decision by the commissioner, the 109.32 special review board may be reconvened to consider events or 109.33 circumstances that occurred subsequent to the hearing. 109.34 (e) In making their recommendations and order, the special 109.35 review board and commissioner must consider any statements 109.36 received from victims under subdivision 5a. 110.1 [EFFECTIVE DATE.] This section is effective August 1, 2005. 110.2 Sec. 9. Minnesota Statutes 2004, section 253B.18, is 110.3 amended by adding a subdivision to read: 110.4 Subd. 5a. [VICTIM NOTIFICATION OF PETITION AND RELEASE; 110.5 RIGHT TO SUBMIT STATEMENT.] (a) As used in this subdivision: 110.6 (1) "crime" has the meaning given to "violent crime" in 110.7 section 609.1095, and includes criminal sexual conduct in the 110.8 fifth degree and offenses within the definition of "crime 110.9 against the person" in section 253B.02, subdivision 4a, and also 110.10 includes offenses listed in section 253B.02, subdivision 7a, 110.11 paragraph (b), regardless of whether they are sexually 110.12 motivated; 110.13 (2) "victim" means a person who has incurred loss or harm 110.14 as a result of a crime the behavior for which forms the basis 110.15 for a commitment under this section or section 253B.185; and 110.16 (3) "convicted" and "conviction" have the meanings given in 110.17 section 609.02, subdivision 5, and also include juvenile court 110.18 adjudications; findings under Minnesota Rules of Criminal 110.19 Procedure, Rule 20.02, that the elements of a crime have been 110.20 proved; and findings in commitment cases under this section or 110.21 section 253B.185 that an act or acts constituting a crime 110.22 occurred. 110.23 (b) A county attorney who files a petition to commit a 110.24 person under this section or section 253B.185 shall make a 110.25 reasonable effort to provide prompt notice of filing the 110.26 petition to any victim of a crime for which the person was 110.27 convicted. In addition, the county attorney shall make a 110.28 reasonable effort to promptly notify the victim of the 110.29 resolution of the petition. 110.30 (c) Before provisionally discharging, discharging, granting 110.31 pass-eligible status, approving a pass plan, or otherwise 110.32 permanently or temporarily releasing a person committed under 110.33 this section or section 253B.185 from a treatment facility, the 110.34 head of the treatment facility shall make a reasonable effort to 110.35 notify any victim of a crime for which the person was convicted 110.36 that the person may be discharged or released and that the 111.1 victim has a right to submit a written statement regarding 111.2 decisions of the medical director, special review board, or 111.3 commissioner with respect to the person. To the extent 111.4 possible, the notice must be provided at least 14 days before 111.5 any special review board hearing or before a determination on a 111.6 pass plan. 111.7 (d) This subdivision applies only to victims who have 111.8 requested notification by contacting, in writing, the county 111.9 attorney in the county where the conviction for the crime 111.10 occurred. A county attorney who receives a request for 111.11 notification under this paragraph shall promptly forward the 111.12 request to the commissioner of human services. 111.13 (e) The rights under this subdivision are in addition to 111.14 rights available to a victim under chapter 611A. This provision 111.15 does not give a victim all the rights of a "notified person" or 111.16 a person "entitled to statutory notice" under subdivision 4a, 111.17 4b, or 5. 111.18 [EFFECTIVE DATE.] This section is effective August 1, 2005. 111.19 Sec. 10. Minnesota Statutes 2004, section 609.108, 111.20 subdivision 6, is amended to read: 111.21 Subd. 6. [CONDITIONAL RELEASE.] At the time of sentencing 111.22 under subdivision 1, the court shall provide that after the 111.23 offender has completed the sentence imposed, less any good time 111.24 earned by an offender whose crime was committed before August 1, 111.25 1993, the commissioner of corrections shall place the offender 111.26 on conditional release for the remainder of the statutory 111.27 maximum period, or for ten years, whichever is longer. 111.28 The conditions of release may include successful completion 111.29 of treatment and aftercare in a program approved by the 111.30 commissioner, satisfaction of the release conditions specified 111.31 in section 244.05, subdivision 6, and any other conditions the 111.32 commissioner considers appropriate. For all level III sex 111.33 offenders, the commissioner shall require as a condition of 111.34 release that offenders submit to polygraph tests at the request 111.35 of the commissioner. The scope of the polygraph tests is 111.36 limited to an offender's conditions of release while on 112.1 conditional release. Before the offender is released, the 112.2 commissioner shall notify the sentencing court, the prosecutor 112.3 in the jurisdiction where the offender was sentenced, and the 112.4 victim of the offender's crime, where available, of the terms of 112.5 the offender's conditional release. If the offender fails to 112.6 meet any condition of release, the commissioner may revoke the 112.7 offender's conditional release and order that the offender serve 112.8 all or a part of the remaining portion of the conditional 112.9 release term in prison. The commissioner shall not dismiss the 112.10 offender from supervision before the conditional release term 112.11 expires. 112.12 Conditional release granted under this subdivision is 112.13 governed by provisions relating to supervised release, except as 112.14 otherwise provided in this subdivision, section 244.04, 112.15 subdivision 1, or 244.05. 112.16 [EFFECTIVE DATE.] This section is effective August 1, 2005, 112.17 and applies to crimes committed on or after that date. 112.18 Sec. 11. Minnesota Statutes 2004, section 609.108, 112.19 subdivision 7, is amended to read: 112.20 Subd. 7. [COMMISSIONER OF CORRECTIONS.] The commissioner 112.21 shall develop a plan to pay the cost of treatment of a person 112.22 released under subdivision 6. The plan may include co-payments 112.23 from offenders, third-party payers, local agencies, or other 112.24 funding sources as they are identified. This section does not 112.25 require the commissioner to accept or retain an offender in a 112.26 treatment program. 112.27 Sec. 12. Minnesota Statutes 2004, section 609.109, 112.28 subdivision 5, is amended to read: 112.29 Subd. 5. [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 112.30 purposes of this section, a conviction is considered a previous 112.31 sex offense conviction if the person was convicted of a sex 112.32 offense before the commission of the present offense of 112.33 conviction. A person has two previous sex offense convictions 112.34 only if the person was convicted and sentenced for a sex offense 112.35 committed after the person was earlier convicted and sentenced 112.36 for a sex offense, both convictions preceded the commission of 113.1 the present offense of conviction, and 15 years have not elapsed 113.2 since the person was discharged from the sentence imposed for 113.3 the second conviction. A "sex offense" is a violation of 113.4 sections 609.342 to609.345609.3453 or any similar statute of 113.5 the United States, this state, or any other state. 113.6 [EFFECTIVE DATE.] This section is effective August 1, 2005, 113.7 and applies to crimes committed on or after that date. 113.8 Sec. 13. Minnesota Statutes 2004, section 609.109, 113.9 subdivision 7, is amended to read: 113.10 Subd. 7. [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 113.11 Notwithstanding the statutory maximum sentence otherwise 113.12 applicable to the offense or any provision of the Sentencing 113.13 Guidelines, when a court sentences a person to prison for a 113.14 violation of section 609.342, 609.343, 609.344, or 609.345, the 113.15 court shall provide that after the person has completed the 113.16 sentence imposed, the commissioner of corrections shall place 113.17 the person on conditional release. If the person was convicted 113.18 for a violation of section 609.342, 609.343, 609.344, or 113.19 609.345, the person shall be placed on conditional release for 113.20 five years, minus the time the person served on supervised 113.21 release. If the person was convicted for a violation of one of 113.22 those sections after a previous sex offense conviction as 113.23 defined in subdivision 5, or sentenced under subdivision 6 to a 113.24 mandatory departure, the person shall be placed on conditional 113.25 release for ten years, minus the time the person served on 113.26 supervised release. 113.27 (b) The conditions of release may include successful 113.28 completion of treatment and aftercare in a program approved by 113.29 the commissioner, satisfaction of the release conditions 113.30 specified in section 244.05, subdivision 6, and any other 113.31 conditions the commissioner considers appropriate. For all 113.32 level III sex offenders, the commissioner shall require as a 113.33 condition of release that offenders submit to polygraph tests at 113.34 the request of the commissioner. The scope of the polygraph 113.35 tests is limited to an offender's conditions of release while on 113.36 conditional release. If the offender fails to meet any 114.1 condition of release, the commissioner may revoke the offender's 114.2 conditional release and order that the offender serve the 114.3 remaining portion of the conditional release term in prison. 114.4 The commissioner shall not dismiss the offender from supervision 114.5 before the conditional release term expires. 114.6 Conditional release under this subdivision is governed by 114.7 provisions relating to supervised release, except as otherwise 114.8 provided in this subdivision, section 244.04, subdivision 1, or 114.9 244.05. 114.10 (c) The commissioner shall develop a plan to pay the cost 114.11 of treatment of a person released under this subdivision. The 114.12 plan may include co-payments from offenders, third-party payers, 114.13 local agencies, and other funding sources as they are 114.14 identified. This section does not require the commissioner to 114.15 accept or retain an offender in a treatment program. 114.16 [EFFECTIVE DATE.] This section is effective August 1, 2005, 114.17 and applies to crimes committed on or after that date. 114.18 Sec. 14. Minnesota Statutes 2004, section 609.117, 114.19 subdivision 1, is amended to read: 114.20 Subdivision 1. [UPON SENTENCING.] The court shall order an 114.21 offender to provide a biological specimen for the purpose of DNA 114.22 analysis as defined in section 299C.155 when: 114.23 (1) the court sentences a person charged with violating or 114.24 attempting to violate any of the following, and the person is 114.25 convicted of that offense or of any offense arising out of the 114.26 same set of circumstances: 114.27 (i) murder under section 609.185, 609.19, or 609.195; 114.28 (ii) manslaughter under section 609.20 or 609.205; 114.29 (iii) assault under section 609.221, 609.222, or 609.223; 114.30 (iv) robbery under section 609.24 or aggravated robbery 114.31 under section 609.245; 114.32 (v) kidnapping under section 609.25; 114.33 (vi) false imprisonment under section 609.255; 114.34 (vii) criminal sexual conduct under section 609.342, 114.35 609.343, 609.344, 609.345,or609.3451, subdivision 3, or 114.36 609.3453; 115.1 (viii) incest under section 609.365; 115.2 (ix) burglary under section 609.582, subdivision 1; or 115.3 (x) indecent exposure under section 617.23, subdivision 3; 115.4 (2) the court sentences a person as a patterned sex 115.5 offender under section 609.108; or 115.6 (3) the juvenile court adjudicates a person a delinquent 115.7 child who is the subject of a delinquency petition for violating 115.8 or attempting to violate any of the following, and the 115.9 delinquency adjudication is based on a violation of one of those 115.10 sections or of any offense arising out of the same set of 115.11 circumstances: 115.12 (i) murder under section 609.185, 609.19, or 609.195; 115.13 (ii) manslaughter under section 609.20 or 609.205; 115.14 (iii) assault under section 609.221, 609.222, or 609.223; 115.15 (iv) robbery under section 609.24 or aggravated robbery 115.16 under section 609.245; 115.17 (v) kidnapping under section 609.25; 115.18 (vi) false imprisonment under section 609.255; 115.19 (vii) criminal sexual conduct under section 609.342, 115.20 609.343, 609.344, 609.345,or609.3451, subdivision 3, or 115.21 609.3453; 115.22 (viii) incest under section 609.365; 115.23 (ix) burglary under section 609.582, subdivision 1; or 115.24 (x) indecent exposure under section 617.23, subdivision 3. 115.25 The biological specimen or the results of the analysis shall be 115.26 maintained by the Bureau of Criminal Apprehension as provided in 115.27 section 299C.155. 115.28 [EFFECTIVE DATE.] This section is effective August 1, 2005, 115.29 and applies to crimes committed on or after that date. 115.30 Sec. 15. Minnesota Statutes 2004, section 609.117, 115.31 subdivision 2, is amended to read: 115.32 Subd. 2. [BEFORE RELEASE.] The commissioner of corrections 115.33 or local corrections authority shall order a person to provide a 115.34 biological specimen for the purpose of DNA analysis before 115.35 completion of the person's term of imprisonment when the person 115.36 has not provided a biological specimen for the purpose of DNA 116.1 analysis and the person: 116.2 (1) is currently serving a term of imprisonment for or has 116.3 a past conviction for violating or attempting to violate any of 116.4 the following or a similar law of another state or the United 116.5 States or initially charged with violating one of the following 116.6 sections or a similar law of another state or the United States 116.7 and convicted of another offense arising out of the same set of 116.8 circumstances: 116.9 (i) murder under section 609.185, 609.19, or 609.195; 116.10 (ii) manslaughter under section 609.20 or 609.205; 116.11 (iii) assault under section 609.221, 609.222, or 609.223; 116.12 (iv) robbery under section 609.24 or aggravated robbery 116.13 under section 609.245; 116.14 (v) kidnapping under section 609.25; 116.15 (vi) false imprisonment under section 609.255; 116.16 (vii) criminal sexual conduct under section 609.342, 116.17 609.343, 609.344, 609.345,or609.3451, subdivision 3, or 116.18 609.3453; 116.19 (viii) incest under section 609.365; 116.20 (ix) burglary under section 609.582, subdivision 1; or 116.21 (x) indecent exposure under section 617.23, subdivision 3; 116.22 or 116.23 (2) was sentenced as a patterned sex offender under section 116.24 609.108, and committed to the custody of the commissioner of 116.25 corrections; or 116.26 (3) is serving a term of imprisonment in this state under a 116.27 reciprocal agreement although convicted in another state of an 116.28 offense described in this subdivision or a similar law of the 116.29 United States or any other state. The commissioner of 116.30 corrections or local corrections authority shall forward the 116.31 sample to the Bureau of Criminal Apprehension. 116.32 [EFFECTIVE DATE.] This section is effective August 1, 2005, 116.33 and applies to crimes committed on or after that date. 116.34 Sec. 16. Minnesota Statutes 2004, section 609.1351, is 116.35 amended to read: 116.36 609.1351 [PETITION FOR CIVIL COMMITMENT.] 117.1 When a court sentences a person under section 609.108, 117.2 609.342, 609.343, 609.344,or609.345, or 609.3453, the court 117.3 shall make a preliminary determination whether in the court's 117.4 opinion a petition under section 253B.185 may be appropriate and 117.5 include the determination as part of the sentencing order. If 117.6 the court determines that a petition may be appropriate, the 117.7 court shall forward its preliminary determination along with 117.8 supporting documentation to the county attorney. 117.9 [EFFECTIVE DATE.] This section is effective August 1, 2005, 117.10 and applies to crimes committed on or after that date. 117.11 Sec. 17. Minnesota Statutes 2004, section 609.347, is 117.12 amended to read: 117.13 609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 117.14 Subdivision 1. In a prosecution under sections 609.109or, 117.15 609.342 to 609.3451, or 609.3453, the testimony of a victim need 117.16 not be corroborated. 117.17 Subd. 2. In a prosecution under sections 609.109or, 117.18 609.342 to 609.3451, or 609.3453, there is no need to show that 117.19 the victim resisted the accused. 117.20 Subd. 3. In a prosecution under sections 609.109, 609.342 117.21 to 609.3451, 609.3453, or 609.365, evidence of the victim's 117.22 previous sexual conduct shall not be admitted nor shall any 117.23 reference to such conduct be made in the presence of the jury, 117.24 except by court order under the procedure provided in 117.25 subdivision 4. The evidence can be admitted only if the 117.26 probative value of the evidence is not substantially outweighed 117.27 by its inflammatory or prejudicial nature and only in the 117.28 circumstances set out in paragraphs (a) and (b). For the 117.29 evidence to be admissible under paragraph (a), subsection (i), 117.30 the judge must find by a preponderance of the evidence that the 117.31 facts set out in the accused's offer of proof are true. For the 117.32 evidence to be admissible under paragraph (a), subsection (ii) 117.33 or paragraph (b), the judge must find that the evidence is 117.34 sufficient to support a finding that the facts set out in the 117.35 accused's offer of proof are true, as provided under Rule 901 of 117.36 the Rules of Evidence. 118.1 (a) When consent of the victim is a defense in the case, 118.2 the following evidence is admissible: 118.3 (i) evidence of the victim's previous sexual conduct 118.4 tending to establish a common scheme or plan of similar sexual 118.5 conduct under circumstances similar to the case at issue. In 118.6 order to find a common scheme or plan, the judge must find that 118.7 the victim made prior allegations of sexual assault which were 118.8 fabricated; and 118.9 (ii) evidence of the victim's previous sexual conduct with 118.10 the accused. 118.11 (b) When the prosecution's case includes evidence of semen, 118.12 pregnancy, or disease at the time of the incident or, in the 118.13 case of pregnancy, between the time of the incident and trial, 118.14 evidence of specific instances of the victim's previous sexual 118.15 conduct is admissible solely to show the source of the semen, 118.16 pregnancy, or disease. 118.17 Subd. 4. The accused may not offer evidence described in 118.18 subdivision 3 except pursuant to the following procedure: 118.19 (a) A motion shall be made by the accused at least three 118.20 business days prior to trial, unless later for good cause shown, 118.21 setting out with particularity the offer of proof of the 118.22 evidence that the accused intends to offer, relative to the 118.23 previous sexual conduct of the victim; 118.24 (b) If the court deems the offer of proof sufficient, the 118.25 court shall order a hearing out of the presence of the jury, if 118.26 any, and in such hearing shall allow the accused to make a full 118.27 presentation of the offer of proof; 118.28 (c) At the conclusion of the hearing, if the court finds 118.29 that the evidence proposed to be offered by the accused 118.30 regarding the previous sexual conduct of the victim is 118.31 admissible under subdivision 3 and that its probative value is 118.32 not substantially outweighed by its inflammatory or prejudicial 118.33 nature, the court shall make an order stating the extent to 118.34 which evidence is admissible. The accused may then offer 118.35 evidence pursuant to the order of the court; 118.36 (d) If new information is discovered after the date of the 119.1 hearing or during the course of trial, which may make evidence 119.2 described in subdivision 3 admissible, the accused may make an 119.3 offer of proof pursuant to clause (a) and the court shall order 119.4 an in camera hearing to determine whether the proposed evidence 119.5 is admissible by the standards herein. 119.6 Subd. 5. In a prosecution under sections 609.109or, 119.7 609.342 to 609.3451, or 609.3453, the court shall not instruct 119.8 the jury to the effect that: 119.9 (a) It may be inferred that a victim who has previously 119.10 consented to sexual intercourse with persons other than the 119.11 accused would be therefore more likely to consent to sexual 119.12 intercourse again; or 119.13 (b) The victim's previous or subsequent sexual conduct in 119.14 and of itself may be considered in determining the credibility 119.15 of the victim; or 119.16 (c) Criminal sexual conduct is a crime easily charged by a 119.17 victim but very difficult to disprove by an accused because of 119.18 the heinous nature of the crime; or 119.19 (d) The jury should scrutinize the testimony of the victim 119.20 any more closely than it should scrutinize the testimony of any 119.21 witness in any felony prosecution. 119.22 Subd. 6. (a) In a prosecution under sections 609.109or, 119.23 609.342 to 609.3451, or 609.3453, involving a psychotherapist 119.24 and patient, evidence of the patient's personal or medical 119.25 history is not admissible except when: 119.26 (1) the accused requests a hearing at least three business 119.27 days prior to trial and makes an offer of proof of the relevancy 119.28 of the history; and 119.29 (2) the court finds that the history is relevant and that 119.30 the probative value of the history outweighs its prejudicial 119.31 value. 119.32 (b) The court shall allow the admission only of specific 119.33 information or examples of conduct of the victim that are 119.34 determined by the court to be relevant. The court's order shall 119.35 detail the information or conduct that is admissible and no 119.36 other evidence of the history may be introduced. 120.1 (c) Violation of the terms of the order is grounds for 120.2 mistrial but does not prevent the retrial of the accused. 120.3 Subd. 7. [EFFECT OF STATUTE ON RULES.] Rule 412 of the 120.4 Rules of Evidence is superseded to the extent of its conflict 120.5 with this section. 120.6 [EFFECTIVE DATE.] This section is effective August 1, 2005, 120.7 and applies to crimes committed on or after that date. 120.8 Sec. 18. Minnesota Statutes 2004, section 609.3471, is 120.9 amended to read: 120.10 609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 120.11 CONFIDENTIAL.] 120.12 Notwithstanding any provision of law to the contrary, no 120.13 data contained in records or reports relating to petitions, 120.14 complaints, or indictments issued pursuant to section 609.342; 120.15 609.343; 609.344;or609.345; or 609.3453, which specifically 120.16 identifies a victim who is a minor shall be accessible to the 120.17 public, except by order of the court. Nothing in this section 120.18 authorizes denial of access to any other data contained in the 120.19 records or reports, including the identity of the defendant. 120.20 [EFFECTIVE DATE.] This section is effective August 1, 2005, 120.21 and applies to crimes committed on or after that date. 120.22 Sec. 19. Minnesota Statutes 2004, section 609.348, is 120.23 amended to read: 120.24 609.348 [MEDICAL PURPOSES; EXCLUSION.] 120.25 Sections 609.109and, 609.342 to 609.3451, and 609.3453 do 120.26 not apply to sexual penetration or sexual contact when done for 120.27 a bona fide medical purpose. 120.28 [EFFECTIVE DATE.] This section is effective August 1, 2005, 120.29 and applies to crimes committed on or after that date. 120.30 Sec. 20. Minnesota Statutes 2004, section 609.353, is 120.31 amended to read: 120.32 609.353 [JURISDICTION.] 120.33 A violation or attempted violation of section 609.342, 120.34 609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 120.35 prosecuted in any jurisdiction in which the violation originates 120.36 or terminates. 121.1 [EFFECTIVE DATE.] This section is effective August 1, 2005, 121.2 and applies to crimes committed on or after that date. 121.3 Sec. 21. Minnesota Statutes 2004, section 609.485, 121.4 subdivision 2, is amended to read: 121.5 Subd. 2. [ACTS PROHIBITED.] Whoever does any of the 121.6 following may be sentenced as provided in subdivision 4: 121.7 (1) escapes while held pursuant to a lawful arrest, in 121.8 lawful custody on a charge or conviction of a crime, or while 121.9 held in lawful custody on an allegation or adjudication of a 121.10 delinquent act; 121.11 (2) transfers to another, who is in lawful custody on a 121.12 charge or conviction of a crime, or introduces into an 121.13 institution in which the latter is confined, anything usable in 121.14 making such escape, with intent that it shall be so used; 121.15 (3) having another in lawful custody on a charge or 121.16 conviction of a crime, intentionally permits the other to 121.17 escape; 121.18 (4) escapes while in a facility designated under section 121.19 253B.18, subdivision 1, pursuant to a court commitment order 121.20 after a finding of not guilty by reason of mental illness or 121.21 mental deficiency of a crime against the person, as defined in 121.22 section 253B.02, subdivision 4a. Notwithstanding section 121.23 609.17, no person may be charged with or convicted of an attempt 121.24 to commit a violation of this clause;or121.25 (5) escapes while in a facility designated under section 121.26 253B.18, subdivision 1, pursuant to a court commitment order 121.27 under section 253B.185 or Minnesota Statutes 1992, section 121.28 526.10; or 121.29 (6) escapes while on pass status or provisional discharge 121.30 according to section 253B.18. 121.31 For purposes of clause (1), "escapes while held in lawful 121.32 custody" includes absconding from electronic monitoring or 121.33 absconding after removing an electronic monitoring device from 121.34 the person's body. 121.35 [EFFECTIVE DATE.] This section is effective August 1, 2005, 121.36 and applies to crimes committed on or after that date. 122.1 Sec. 22. Minnesota Statutes 2004, section 609.485, 122.2 subdivision 4, is amended to read: 122.3 Subd. 4. [SENTENCE.] (a) Except as otherwise provided in 122.4 subdivision 3a, whoever violates this section may be sentenced 122.5 as follows: 122.6 (1) if the person who escapes is in lawful custody for a 122.7 felony, to imprisonment for not more than five years or to 122.8 payment of a fine of not more than $10,000, or both; 122.9 (2) if the person who escapes is in lawful custody after a 122.10 finding of not guilty by reason of mental illness or mental 122.11 deficiency of a crime against the person, as defined in section 122.12 253B.02, subdivision 4a, or pursuant to a court commitment order 122.13 under section 253B.185 or Minnesota Statutes 1992, section 122.14 526.10, to imprisonment for not more than one year and one day 122.15 or to payment of a fine of not more than $3,000, or both;or122.16 (3) if the person who escapes is in lawful custody for a 122.17 gross misdemeanor or misdemeanor, or if the person who escapes 122.18 is in lawful custody on an allegation or adjudication of a 122.19 delinquent act, to imprisonment for not more than one year or to 122.20 payment of a fine of not more than $3,000, or both; or 122.21 (4) if the person who escapes is under civil commitment 122.22 under sections 253B.18 and 253B.185, to imprisonment for not 122.23 more than one year and one day or to payment of a fine of not 122.24 more than $3,000, or both. 122.25 (b) If the escape was a violation of subdivision 2, clause 122.26 (1), (2), or (3), and was effected by violence or threat of 122.27 violence against a person, the sentence may be increased to not 122.28 more than twice those permitted in paragraph (a), clauses (1) 122.29 and (3). 122.30 (c) Unless a concurrent term is specified by the court, a 122.31 sentence under this section shall be consecutive to any sentence 122.32 previously imposed or which may be imposed for any crime or 122.33 offense for which the person was in custody when the person 122.34 escaped. 122.35 (d) Notwithstanding paragraph (c), if a person who was 122.36 committed to the commissioner of corrections under section 123.1 260B.198 escapes from the custody of the commissioner while 18 123.2 years of age, the person's sentence under this section shall 123.3 commence on the person's 19th birthday or on the person's date 123.4 of discharge by the commissioner of corrections, whichever 123.5 occurs first. However, if the person described in this clause 123.6 is convicted under this section after becoming 19 years old and 123.7 after having been discharged by the commissioner, the person's 123.8 sentence shall commence upon imposition by the sentencing court. 123.9 (e) Notwithstanding paragraph (c), if a person who is in 123.10 lawful custody on an allegation or adjudication of a delinquent 123.11 act while 18 years of age escapes from a local juvenile 123.12 correctional facility, the person's sentence under this section 123.13 begins on the person's 19th birthday or on the person's date of 123.14 discharge from the jurisdiction of the juvenile court, whichever 123.15 occurs first. However, if the person described in this 123.16 paragraph is convicted after becoming 19 years old and after 123.17 discharge from the jurisdiction of the juvenile court, the 123.18 person's sentence begins upon imposition by the sentencing court. 123.19 (f) Notwithstanding paragraph (a), any person who escapes 123.20 or absconds from electronic monitoring or removes an electric 123.21 monitoring device from the person's body is guilty of a crime 123.22 and shall be sentenced to imprisonment for not more than one 123.23 year or to a payment of a fine of not more than $3,000, or 123.24 both. A person in lawful custody for a violation of section 123.25 609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 123.26 609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, 123.27 or 609.3451 who escapes or absconds from electronic monitoring 123.28 or removes an electronic monitoring device while under sentence 123.29 may be sentenced to imprisonment for not more than five years or 123.30 to a payment of a fine of not more than $10,000, or both. 123.31 [EFFECTIVE DATE.] This section is effective August 1, 2005, 123.32 and applies to crimes committed on or after that date. 123.33 Sec. 23. Minnesota Statutes 2004, section 609.531, 123.34 subdivision 1, is amended to read: 123.35 Subdivision 1. [DEFINITIONS.] For the purpose of sections 123.36 609.531 to 609.5318, the following terms have the meanings given 124.1 them. 124.2 (a) "Conveyance device" means a device used for 124.3 transportation and includes, but is not limited to, a motor 124.4 vehicle, trailer, snowmobile, airplane, and vessel and any 124.5 equipment attached to it. The term "conveyance device" does not 124.6 include property which is, in fact, itself stolen or taken in 124.7 violation of the law. 124.8 (b) "Weapon used" means a dangerous weapon as defined under 124.9 section 609.02, subdivision 6, that the actor used or had in 124.10 possession in furtherance of a crime. 124.11 (c) "Property" means property as defined in section 609.52, 124.12 subdivision 1, clause (1). 124.13 (d) "Contraband" means property which is illegal to possess 124.14 under Minnesota law. 124.15 (e) "Appropriate agency" means the Bureau of Criminal 124.16 Apprehension, the Minnesota Division of Driver and Vehicle 124.17 Services, the Minnesota State Patrol, a county sheriff's 124.18 department, the Suburban Hennepin Regional Park District park 124.19 rangers, the Department of Natural Resources Division of 124.20 Enforcement, the University of Minnesota Police Department, or a 124.21 city or airport police department. 124.22 (f) "Designated offense" includes: 124.23 (1) for weapons used: any violation of this chapter, 124.24 chapter 152, or chapter 624; 124.25 (2) for driver's license or identification card 124.26 transactions: any violation of section 171.22; and 124.27 (3) for all other purposes: a felony violation of, or a 124.28 felony-level attempt or conspiracy to violate, section 325E.17; 124.29 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 124.30 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 124.31 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 124.32 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 124.33 (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 124.34 and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 124.35 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 124.36 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 125.1 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 125.2 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 125.3 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or 125.4 felony violation of section 609.891 or 624.7181; or any 125.5 violation of section 609.324. 125.6 (g) "Controlled substance" has the meaning given in section 125.7 152.01, subdivision 4. 125.8 [EFFECTIVE DATE.] This section is effective August 1, 2005, 125.9 and applies to crimes committed on or after that date. 125.10 Sec. 24. Minnesota Statutes 2004, section 609.5312, is 125.11 amended by adding a subdivision to read: 125.12 Subd. 1a. [COMPUTERS AND RELATED PROPERTY SUBJECT TO 125.13 FORFEITURE.] (a) As used in this subdivision, "property" has the 125.14 meaning given in section 609.87, subdivision 6. 125.15 (b) When a computer or a component part of a computer is 125.16 used or intended for use to commit or facilitate the commission 125.17 of a designated offense, the computer and all software, data, 125.18 and other property contained in the computer are subject to 125.19 forfeiture unless prohibited by the Privacy Protection Act, 125.20 United States Code, title 42, sections 2000aa to 2000aa-12, or 125.21 other state or federal law. 125.22 (c) Regardless of whether a forfeiture action is initiated 125.23 following the lawful seizure of a computer and related property, 125.24 if the appropriate agency returns hardware, software, data, or 125.25 other property to the owner, the agency may charge the owner for 125.26 the cost of separating contraband from the computer or other 125.27 property returned, including salary and contract costs. The 125.28 agency may not charge these costs to an owner of a computer or 125.29 related property who was not privy to the act or omission upon 125.30 which the seizure was based, or who did not have knowledge of or 125.31 consent to the act or omission, if the owner: 125.32 (1) requests from the agency copies of specified legitimate 125.33 data files and provides sufficient storage media; or 125.34 (2) requests the return of a computer or other property 125.35 less data storage devices on which contraband resides. 125.36 [EFFECTIVE DATE.] This section is effective August 1, 2005, 126.1 and applies to crimes committed on or after that date. 126.2 Sec. 25. Minnesota Statutes 2004, section 617.23, 126.3 subdivision 2, is amended to read: 126.4 Subd. 2. [GROSS MISDEMEANOR.] A person whocommits any of126.5the following acts is guilty of a gross misdemeanor:126.6(1) the person violates subdivision 1 in the presence of a126.7minor under the age of 16; or126.8(2) the personviolates subdivision 1 after having been 126.9 previously convicted of violating subdivision 1, sections 126.10 609.342 to 609.3451, or a statute from another state in 126.11 conformity with any of those sections, is guilty of a gross 126.12 misdemeanor. 126.13 [EFFECTIVE DATE.] This section is effective August 1, 2005, 126.14 and applies to crimes committed on or after that date. 126.15 Sec. 26. Minnesota Statutes 2004, section 617.23, 126.16 subdivision 3, is amended to read: 126.17 Subd. 3. [FELONY.] A person is guilty of a felony and may 126.18 be sentenced to imprisonment for not more than five years or to 126.19 payment of a fine of not more than $10,000, or both, if: 126.20 (1)the person violates subdivision 2, clause (1), after126.21having been previously convicted of or adjudicated delinquent126.22for violating subdivision 2, clause (1); section 609.3451,126.23subdivision 1, clause (2); or a statute from another state in126.24conformity with subdivision 2, clause (1), or section 609.3451,126.25subdivision 1, clause (2); or126.26(2)the person commits a violation of subdivision 1, clause 126.27 (1), in the presence of another person while intentionally 126.28 confining that person or otherwise intentionally restricting 126.29 that person's freedom to move; or 126.30 (2) the person violates subdivision 1 in the presence of an 126.31 unaccompanied minor under the age of 16. 126.32 [EFFECTIVE DATE.] This section is effective August 1, 2005, 126.33 and applies to crimes committed on or after that date. 126.34 Sec. 27. Minnesota Statutes 2004, section 631.045, is 126.35 amended to read: 126.36 631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 127.1 At the trial of a complaint or indictment for a violation 127.2 of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, 127.3 subdivision 2, when a minor under 18 years of age is the person 127.4 upon, with, or against whom the crime is alleged to have been 127.5 committed, the judge may exclude the public from the courtroom 127.6 during the victim's testimony or during all or part of the 127.7 remainder of the trial upon a showing that closure is necessary 127.8 to protect a witness or ensure fairness in the trial. The judge 127.9 shall give the prosecutor, defendant and members of the public 127.10 the opportunity to object to the closure before a closure order. 127.11 The judge shall specify the reasons for closure in an order 127.12 closing all or part of the trial. Upon closure the judge shall 127.13 only admit persons who have a direct interest in the case. 127.14 [EFFECTIVE DATE.] This section is effective August 1, 2005, 127.15 and applies to crimes committed on or after that date. 127.16 Sec. 28. [REVISOR INSTRUCTION.] 127.17 (a) The revisor of statutes shall renumber Minnesota 127.18 Statutes, section 609.3452, as Minnesota Statutes, section 127.19 609.3457, and correct cross-references. In addition, the 127.20 revisor shall delete the reference in Minnesota Statutes, 127.21 section 13.871, subdivision 3, paragraph (d), to Minnesota 127.22 Statutes, section 609.3452, and insert a reference to Minnesota 127.23 Statutes, section 609.3457. The revisor shall include a 127.24 notation in Minnesota Statutes to inform readers of the statutes 127.25 of the renumbering of Minnesota Statutes, section 609.3457. 127.26 (b) In addition to the specific changes described in 127.27 paragraph (a), the revisor of statutes shall make other 127.28 technical changes necessitated by this act. 127.29 ARTICLE 8 127.30 PUBLIC SAFETY POLICY 127.31 Section 1. Minnesota Statutes 2004, section 13.87, 127.32 subdivision 3, is amended to read: 127.33 Subd. 3. [INTERNET ACCESS.] (a) The Bureau of Criminal 127.34 Apprehension shall establish and maintain an Internet Web site 127.35 containing public criminal history data by July 1, 2004. 127.36 (b) Notwithstanding section 13.03, subdivision 3, paragraph 128.1 (a), the bureau may charge a fee for Internet access to public 128.2 criminal history dataprovided through August 1, 2005. The fee128.3may not exceedof $5 perinquiry or the amount needed to recoup128.4the actual cost of implementing and providing Internet access,128.5whichever is less. Fees collected must be deposited in the128.6general fund as a nondedicated receiptname searched. The 128.7 superintendent of the Bureau of Criminal Apprehension shall 128.8 collect the fee and the receipts shall be directed to the 128.9 noncriminal background account in the special revenue fund. 128.10 (c) The Web site must include a notice to the subject of 128.11 data of the right to contest the accuracy or completeness of 128.12 data, as provided under section 13.04, subdivision 4, and 128.13 provide a telephone number and address that the subject may 128.14 contact for further information on this process. 128.15 (d) The Web site must include the effective date of data 128.16 that is posted. 128.17 (e) The Web site must include a description of the types of 128.18 criminal history data not available on the site, including 128.19 arrest data, juvenile data, criminal history data from other 128.20 states, federal data, data on convictions where 15 years have 128.21 elapsed since discharge of the sentence, and other data that are 128.22 not accessible to the public. 128.23 (f) A person who intends to access the Web site to obtain 128.24 information regarding an applicant for employment, housing, or 128.25 credit must disclose to the applicant the intention to do so. 128.26 The Web site must include a notice that a person obtaining such 128.27 access must notify the applicant when a background check using 128.28 this Web site has been conducted. 128.29 (g) This subdivision does not create a civil cause of 128.30 action on behalf of the data subject. 128.31(h) This subdivision expires July 31, 2007.128.32 [EFFECTIVE DATE.] This section is effective July 1, 2005. 128.33 Sec. 2. Minnesota Statutes 2004, section 116L.30, is 128.34 amended to read: 128.35 116L.30 [GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.] 128.36 Subdivision 1. [GRANTS.] The commissioner may make grants 129.1 to nonprofit agencies administering youth intervention programs 129.2 in communities where the programs are or may be established. 129.3 "Youth intervention program" means a nonresidential 129.4 community-based program providing advocacy, education, 129.5 counseling, mentoring, and referral services to youth and their 129.6 families experiencing personal, familial, school, legal, or 129.7 chemical problems with the goal of resolving the present 129.8 problems and preventing the occurrence of the problems in the 129.9 future. The intent of the youth intervention program is to 129.10 provide an ongoing stable funding source to community-based 129.11 early intervention programs for youth. Program design may be 129.12 different for the grantees depending on youth service needs of 129.13 the communities being served. 129.14 Subd. 2. [APPLICATIONS.] Applications for a grant-in-aid 129.15 shall be made by the administering agency to the commissioner. 129.16 The grant-in-aid is contingent upon the agency having 129.17 obtained from the community in which the youth intervention 129.18 program is established local matching money two times the amount 129.19 of the grant that is sought. The matching requirement is 129.20 intended to leverage the investment of state and community 129.21 dollars in supporting the efforts of the grantees to provide 129.22 early intervention services to youth and their families. 129.23 The commissioner shall provide the application form, 129.24 procedures for making application form, criteria for review of 129.25 the application, and kinds of contributions in addition to cash 129.26 that qualify as local matching money. No grant to any agency 129.27 may exceed $50,000. 129.28 Subd. 3. [GRANT ALLOCATION FORMULA.] Up to one percent of 129.29 the appropriations to the grants-in-aid to the youth 129.30 intervention program may be used for a grant to the Minnesota 129.31 Youth Intervention Programs Association for expenses in 129.32 providing collaborative training and technical assistance to 129.33 community-based grantees of the program. 129.34 Subd. 4. [ADMINISTRATIVE COSTS.] The commissioner may use 129.35 up to two percent of the biennial appropriation for 129.36 grants-in-aid to the youth intervention program to pay costs 130.1 incurred by the department in administering the youth 130.2 intervention program. 130.3 [EFFECTIVE DATE.] This section is effective July 1, 2005. 130.4 Sec. 3. Minnesota Statutes 2004, section 169.71, 130.5 subdivision 1, is amended to read: 130.6 Subdivision 1. [PROHIBITIONS GENERALLY; EXCEPTIONS.]No(a) 130.7 A person shall not drive or operate any motor vehicle with: 130.8 (1) a windshield cracked or discolored to an extent to 130.9 limit or obstruct proper vision, or, except for law enforcement130.10vehicles, with; 130.11 (2) any objects suspended between the driver and the 130.12 windshield, other than sun visors andrear visionrearview 130.13 mirrors,; orwith130.14 (3) any sign, poster, or other nontransparent material upon 130.15 the front windshield, sidewings, or side or rear windows ofsuch130.16 the vehicle, other than a certificate or other paper required to 130.17 be so displayed by law,or authorized by the state director of 130.18 the Division of Emergency Management,or the commissioner of 130.19 public safety. 130.20 (b) Paragraph (a), clauses (2) and (3), do not apply to law 130.21 enforcement vehicles. 130.22 (c) Paragraph (a), clause (2), does not apply to authorized 130.23 emergency vehicles. 130.24 [EFFECTIVE DATE.] This section is effective July 1, 2005. 130.25 Sec. 4. Minnesota Statutes 2004, section 214.04, 130.26 subdivision 1, is amended to read: 130.27 Subdivision 1. [SERVICES PROVIDED.] (a) The commissioner 130.28 of administration with respect to the Board of Electricity,; the 130.29 commissioner of education with respect to the Board of 130.30 Teaching,; the commissioner of public safety with respect to the 130.31 Board of Private Detective and Protective Agent Services, and; 130.32 the panel established pursuant to section 299A.465, subdivision 130.33 7; the Board of Peace Officer Standards and Training,; and the 130.34 commissioner of revenue with respect to the Board of Assessors, 130.35 shall provide suitable offices and other space, joint conference 130.36 and hearing facilities, examination rooms, and the following 131.1 administrative support services: purchasing service, accounting 131.2 service, advisory personnel services, consulting services 131.3 relating to evaluation procedures and techniques, data 131.4 processing, duplicating, mailing services, automated printing of 131.5 license renewals, and such other similar services of a 131.6 housekeeping nature as are generally available to other agencies 131.7 of state government. Investigative services shall be provided 131.8 the boards by employees of the Office of Attorney General. The 131.9 commissioner of health with respect to the health-related 131.10 licensing boards shall provide mailing and office supply 131.11 services and may provide other facilities and services listed in 131.12 this subdivision at a central location upon request of the 131.13 health-related licensing boards. The commissioner of commerce 131.14 with respect to the remaining non-health-related licensing 131.15 boards shall provide the above facilities and services at a 131.16 central location for the remaining non-health-related licensing 131.17 boards. The legal and investigative services for the boards 131.18 shall be provided by employees of the attorney general assigned 131.19 to the departments servicing the boards. Notwithstanding the 131.20 foregoing, the attorney general shall not be precluded by this 131.21 section from assigning other attorneys to service a board if 131.22 necessary in order to insure competent and consistent legal 131.23 representation. Persons providing legal and investigative 131.24 services shall to the extent practicable provide the services on 131.25 a regular basis to the same board or boards. 131.26 (b) The requirements in paragraph (a) with respect to the 131.27 panel established in section 299A.465, subdivision 7, expire 131.28 July 1, 2008. 131.29 [EFFECTIVE DATE.] This section is effective the day 131.30 following final enactment. 131.31 Sec. 5. Minnesota Statutes 2004, section 259.11, is 131.32 amended to read: 131.33 259.11 [ORDER; FILING COPIES.] 131.34 (a) Upon meeting the requirements of section 259.10, the 131.35 court shall grant the application unless: (1) it finds that 131.36 there is an intent to defraud or mislead; (2) section 259.13 132.1 prohibits granting the name change; or (3) in the case of the 132.2 change of a minor child's name, the court finds that such name 132.3 change is not in the best interests of the child. The court 132.4 shall set forth in the order the name and age of the applicant's 132.5 spouse and each child of the applicant, if any, and shall state 132.6 a description of the lands, if any, in which the applicant and 132.7 the spouse and children, if any, claim to have an interest. The 132.8 court administrator shall file such order, and record the same 132.9 in the judgment book. If lands be described therein, a 132.10 certified copy of the order shall be filed for record, by the 132.11 applicant, with the county recorder of each county wherein any 132.12 of the same are situated. Before doing so the court 132.13 administrator shall present the same to the county auditor who 132.14 shall enter the change of name in the auditor's official records 132.15 and note upon the instrument, over an official signature, the 132.16 words "change of name recorded." Any such order shall not be 132.17 filed, nor any certified copy thereof be issued, until the 132.18 applicant shall have paid to the county recorder and court 132.19 administrator the fee required by law. No application shall be 132.20 denied on the basis of the marital status of the applicant. 132.21 (b) When a person applies for a name change, the court 132.22 shall determine whether the person hasbeen convicted of a132.23felonya criminal history in this or any other state. The court 132.24 may conduct a search of national records through the Federal 132.25 Bureau of Investigation by submitting a set of fingerprints and 132.26 the appropriate fee to the Bureau of Criminal Apprehension. If 132.27soit is determined that the person has a criminal history in 132.28 this or any other state, the court shall, within ten days after 132.29 the name change application is granted, report the name change 132.30 to the Bureau of Criminal Apprehension. The person whose name 132.31 is changed shall also report the change to the Bureau of 132.32 Criminal Apprehension within ten days. The court granting the 132.33 name change application must explain this reporting duty in its 132.34 order. Any person required to report the person's name change 132.35 to the Bureau of Criminal Apprehension who fails to report the 132.36 name change as required under this paragraph is guilty of a 133.1 gross misdemeanor. 133.2 (c) Paragraph (b) does not apply to either: 133.3 (1) a request for a name change as part of an application 133.4 for a marriage license under section 517.08; or 133.5 (2) a request for a name change in conjunction with a 133.6 marriage dissolution under section 518.27. 133.7 [EFFECTIVE DATE.] This section is effective July 1, 2005. 133.8 Sec. 6. Minnesota Statutes 2004, section 299A.465, is 133.9 amended by adding a subdivision to read: 133.10 Subd. 6. [DETERMINATION OF SCOPE AND DUTIES.] (a) Whenever 133.11 a peace officer or firefighter has been approved to receive a 133.12 duty-related disability pension, the officer or firefighter may 133.13 apply to the panel established in subdivision 7 for a 133.14 determination of whether or not the officer or firefighter meets 133.15 the requirements in subdivision 1, paragraph (a), clause (2). 133.16 In making this decision, the panel shall determine whether or 133.17 not the officer's or firefighter's occupational duties or 133.18 professional responsibilities put the officer or firefighter at 133.19 risk for the type of illness or injury actually sustained. A 133.20 final determination by the panel is binding on the applicant and 133.21 the employer, subject to any right of judicial review. 133.22 Applications must be made within 90 days of receipt of approval 133.23 of a duty-related pension and must be acted upon by the panel 133.24 within 90 days of receipt. Applications that are not acted upon 133.25 within 90 days of receipt by the panel are approved. 133.26 Applications and supporting documents are private data. 133.27 (b) This subdivision expires July 1, 2008. 133.28 [EFFECTIVE DATE.] This section is effective July 1, 2005, 133.29 and applies to duty-related pension approvals made on or after 133.30 that date. 133.31 Sec. 7. Minnesota Statutes 2004, section 299A.465, is 133.32 amended by adding a subdivision to read: 133.33 Subd. 7. [COURSE AND SCOPE OF DUTIES PANEL.] (a) A panel 133.34 is established for the purpose set forth in subdivision 6, 133.35 composed of the following seven members: 133.36 (1) two members recommended by the Minnesota League of 134.1 Cities or a successor; 134.2 (2) one member recommended by the Association of Minnesota 134.3 Counties or a successor; 134.4 (3) two members recommended by the Minnesota Police and 134.5 Peace Officers Association or a successor; 134.6 (4) one member recommended by the Minnesota Professional 134.7 Firefighters Association or a successor; and 134.8 (5) one nonorganizational member recommended by the six 134.9 organizational members. 134.10 (b) Recommendations must be forwarded to the commissioner 134.11 of public safety who shall appoint the recommended members after 134.12 determining that they were properly recommended. Members shall 134.13 serve for two years or until their successors have been seated. 134.14 No member may serve more than three consecutive terms. 134.15 Vacancies on the panel must be filled by recommendation by the 134.16 organization whose representative's seat has been vacated. A 134.17 vacancy of the nonorganizational seat must be filled by the 134.18 recommendation of the panel. Vacancies may be declared by the 134.19 panel in cases of resignation or when a member misses three or 134.20 more consecutive meetings, or by a nominating organization when 134.21 its nominee is no longer a member in good standing of the 134.22 organization, an employee of the organization, or an employee of 134.23 a member in good standing of the organization. A member 134.24 appointed because of a vacancy shall serve until the expiration 134.25 of the vacated term. 134.26 (c) Panel members shall be reimbursed for expenses related 134.27 to their duties according to section 15.059, subdivision 3, 134.28 paragraph (a), but shall not receive compensation or per diem 134.29 payments. The panel's proceedings and determinations constitute 134.30 a quasi-judicial process and its operation must comply with 134.31 chapter 14. Membership on the panel does not constitute holding 134.32 a public office and members of the panel are not required to 134.33 take and file oaths of office or submit a public official's bond 134.34 before serving on the panel. No member of the panel may be 134.35 disqualified from holding any public office or employment by 134.36 reason of being appointed to the panel. Members of the panel 135.1 and staff or consultants working with the panel are covered by 135.2 the immunity provision in section 214.34, subdivision 2. The 135.3 panel shall elect a chair and adopt rules of order. The panel 135.4 shall convene no later than July 1, 2005. 135.5 (d) This subdivision expires July 1, 2008. 135.6 [EFFECTIVE DATE.] This section is effective the day 135.7 following final enactment. 135.8 Sec. 8. Minnesota Statutes 2004, section 299C.095, 135.9 subdivision 1, is amended to read: 135.10 Subdivision 1. [ACCESS TO DATA ON JUVENILES.] (a) The 135.11 bureau shall administer and maintain the computerized juvenile 135.12 history record system based on sections 260B.171 and 260C.171 135.13 and other statutes requiring the reporting of data on 135.14 juveniles. The data in the system are private data as defined 135.15 in section 13.02, subdivision 12, but are accessible to criminal 135.16 justice agencies as defined in section 13.02, subdivision 3a, to 135.17 all trial courts and appellate courts, to a person who has 135.18 access to the juvenile court records as provided in sections 135.19 260B.171 and 260C.171 or under court rule, to public defenders 135.20 as provided in section 611.272, and to criminal justice agencies 135.21 in other states in the conduct of their official duties. 135.22 (b) Except for access authorized under paragraph (a), the 135.23 bureau shall only disseminate a juvenile adjudication history 135.24 record in connection with a background check required by statute 135.25 or rule and performed on a licensee, license applicant, or 135.26 employment applicant or performed under section 299C.62 or 135.27 624.713. If the background check is performed under section 135.28 299C.62, juvenile adjudication history disseminated under this 135.29 paragraph is limited to offenses that would constitute a 135.30 background check crime as defined in section 299C.61, 135.31 subdivision 2. A consent for release of information from an 135.32 individual who is the subject of a juvenile adjudication history 135.33 is not effective and the bureau shall not release a juvenile 135.34 adjudication history record and shall not release information in 135.35 a manner that reveals the existence of the record. Data 135.36 maintained under section 243.166, released in conjunction with a 136.1 background check, regardless of the age of the offender at the 136.2 time of the offense, does not constitute releasing information 136.3 in a manner that reveals the existence of a juvenile 136.4 adjudication history. 136.5 [EFFECTIVE DATE.] This section is effective July 1, 2005. 136.6 Sec. 9. Minnesota Statutes 2004, section 299C.11, is 136.7 amended to read: 136.8 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 136.9 (a) Each sheriff and chief of police shall furnish the 136.10 bureau, upon such form as the superintendent shall prescribe, 136.11 with such finger and thumb prints, photographs, distinctive 136.12 physical mark identification data, information on known aliases 136.13 and street names, and other identification data as may be 136.14 requested or required by the superintendent of the bureau, which 136.15 must be taken under the provisions of section 299C.10. In 136.16 addition, sheriffs and chiefs of police shall furnish this 136.17 identification data to the bureau for individuals found to have 136.18 been convicted of a felony, gross misdemeanor, or targeted 136.19 misdemeanor, within the ten years immediately preceding their 136.20 arrest. When the bureau learns that an individual who is the 136.21 subject of a background check has used, or is using, identifying 136.22 information, including, but not limited to, name and date of 136.23 birth, other than those listed on the criminal history, the 136.24 bureau may add the new identifying information to the criminal 136.25 history when supported by fingerprints. 136.26 (b) No petition under chapter 609A is required if the 136.27 person has not been convicted of any felony or gross 136.28 misdemeanor, either within or without the state, within the 136.29 period of ten years immediately preceding the determination of 136.30 all pending criminal actions or proceedings in favor of the 136.31 arrested person, and either of the following occurred: 136.32 (1) all charges were dismissed prior to a determination of 136.33 probable cause; or 136.34 (2) the prosecuting authority declined to file any charges 136.35 and a grand jury did not return an indictment. 136.36 Where these conditions are met, the bureau or agency shall, upon 137.1 demand, return to the arrested person finger and thumb prints, 137.2 photographs, distinctive physical mark identification data, 137.3 information on known aliases and street names, and other 137.4 identification data, and all copies and duplicates of them. 137.5 (c) Except as otherwise provided in paragraph (b), upon the 137.6 determination of all pending criminal actions or proceedings in 137.7 favor of the arrested person, and the granting of the petition 137.8 of the arrested person under chapter 609A, the bureau shall seal 137.9 finger and thumb prints, photographs, distinctive physical mark 137.10 identification data, information on known aliases and street 137.11 names, and other identification data, and all copies and 137.12 duplicates of them if the arrested person has not been convicted 137.13 of any felony or gross misdemeanor, either within or without the 137.14 state, within the period of ten years immediately preceding such 137.15 determination. 137.16 (d) DNA samples and DNA records of the arrested person 137.17 shall not be returned, sealed, or destroyed as to a charge 137.18 supported by probable cause. 137.19 (e) For purposes of this section: 137.20 (1) "determination of all pending criminal actions or 137.21 proceedings in favor of the arrested person" does not include: 137.22 (i) the sealing of a criminal record pursuant to section 137.23 152.18, subdivision 1, 242.31, or chapter 609A; 137.24 (ii) the arrested person's successful completion of a 137.25 diversion program; 137.26 (iii) an order of discharge under section 609.165; or 137.27 (iv) a pardon granted under section 638.02; and 137.28 (2) "targeted misdemeanor" has the meaning given in section 137.29 299C.10, subdivision 1. 137.30 [EFFECTIVE DATE.] This section is effective July 1, 2005. 137.31 Sec. 10. Minnesota Statutes 2004, section 326.3382, is 137.32 amended by adding a subdivision to read: 137.33 Subd. 5. [SPECIAL PROTECTIVE AGENT CLASSIFICATION.] The 137.34 board shall establish a special protective agent license 137.35 classification that provides that a person described in section 137.36 326.338, subdivision 4, clause (4), who is otherwise qualified 138.1 under this section need not meet the requirements of subdivision 138.2 2, paragraph (c). 138.3 [EFFECTIVE DATE.] This section is effective July 1, 2005. 138.4 Sec. 11. Minnesota Statutes 2004, section 518B.01, is 138.5 amended by adding a subdivision to read: 138.6 Subd. 23. [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) 138.7 An employer shall not discharge, discipline, threaten, otherwise 138.8 discriminate against, or penalize an employee regarding the 138.9 employee's compensation, terms, conditions, location, or 138.10 privileges of employment, because the employee took reasonable 138.11 time off from work to obtain or attempt to obtain relief under 138.12 this chapter. Except in cases of imminent danger to the health 138.13 or safety of the employee or the employee's child, an employee 138.14 who is absent from the workplace shall give reasonable advance 138.15 notice to the employer. Upon request of the employer, the 138.16 employee shall provide verification that supports the employee's 138.17 reason for being absent from the workplace. All information 138.18 related to the employee's leave pursuant to this section shall 138.19 be kept confidential by the employer. 138.20 (b) An employer who violates paragraph (a) is guilty of a 138.21 misdemeanor and may be punished for contempt of court. In 138.22 addition, the court shall order the employer to pay back wages 138.23 and offer job reinstatement to any employee discharged from 138.24 employment in violation of paragraph (a). 138.25 (c) In addition to any remedies otherwise provided by law, 138.26 an employee injured by a violation of paragraph (a) may bring a 138.27 civil action for recovery of damages, together with costs and 138.28 disbursements, including reasonable attorney fees, and may 138.29 receive such injunctive and other equitable relief, including 138.30 reinstatement, as determined by the court. Total damages 138.31 recoverable under this subdivision shall not exceed lost wages 138.32 for six weeks. 138.33 [EFFECTIVE DATE.] This section is effective August 1, 2005, 138.34 and applies to crimes committed on or after that date. 138.35 Sec. 12. Minnesota Statutes 2004, section 609.748, is 138.36 amended by adding a subdivision to read: 139.1 Subd. 10. [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) 139.2 An employer shall not discharge, discipline, threaten, otherwise 139.3 discriminate against, or penalize an employee regarding the 139.4 employee's compensation, terms, conditions, location, or 139.5 privileges of employment, because the employee took reasonable 139.6 time off from work to obtain or attempt to obtain relief under 139.7 this section. Except in cases of imminent danger to the health 139.8 or safety of the employee or the employee's child, an employee 139.9 who is absent from the workplace shall give reasonable advance 139.10 notice to the employer. Upon request of the employer, the 139.11 employee shall provide verification that supports the employee's 139.12 reason for being absent from the workplace. All information 139.13 related to the employee's leave pursuant to this section shall 139.14 be kept confidential by the employer. 139.15 (b) An employer who violates paragraph (a) is guilty of a 139.16 misdemeanor and may be punished for contempt of court. In 139.17 addition, the court shall order the employer to pay back wages 139.18 and offer job reinstatement to any employee discharged from 139.19 employment in violation of paragraph (a). 139.20 (c) In addition to any remedies otherwise provided by law, 139.21 an employee injured by a violation of paragraph (a) may bring a 139.22 civil action for recovery of damages, together with costs and 139.23 disbursements, including reasonable attorney fees, and may 139.24 receive such injunctive and other equitable relief, including 139.25 reinstatement, as determined by the court. Total damages 139.26 recoverable under this subdivision shall not exceed lost wages 139.27 for six weeks. 139.28 [EFFECTIVE DATE.] This section is effective August 1, 2005, 139.29 and applies to crimes committed on or after that date. 139.30 Sec. 13. Minnesota Statutes 2004, section 611A.01, is 139.31 amended to read: 139.32 611A.01 [DEFINITIONS.] 139.33 For the purposes of sections 611A.01 to 611A.06: 139.34 (a) "crime" means conduct that is prohibited by local 139.35 ordinance and results in bodily harm to an individual; or 139.36 conduct that is included within the definition of "crime" in 140.1 section 609.02, subdivision 1, or would be included within that 140.2 definition but for the fact that (i) the person engaging in the 140.3 conduct lacked capacity to commit the crime under the laws of 140.4 this state, or (ii) the act was alleged or found to have been 140.5 committed by a juvenile; 140.6 (b) "victim" means a natural person who incurs loss or harm 140.7 as a result of a crime, including a good faith effort to prevent 140.8 a crime, and for purposes of sections 611A.04 and 611A.045, also 140.9 includes (i) a corporation that incurs loss or harm as a result 140.10 of a crime, (ii) a government entity that incurs loss or harm as 140.11 a result of a crime, and (iii) any other entity authorized to 140.12 receive restitution under section 609.10 or 609.125.If the140.13victim is a natural person and is deceased, "victim" means the140.14deceased's surviving spouse or next of kinThe term "victim" 140.15 includes the family members, guardian, or custodian of a minor, 140.16 incompetent, incapacitated, or deceased person. In a case where 140.17 the prosecutor finds that the number of family members makes it 140.18 impracticable to accord all of the family members the rights 140.19 described in sections 611A.02 to 611A.0395, the prosecutor shall 140.20 establish a reasonable procedure to give effect to those 140.21 rights. The procedure may not limit the number of victim impact 140.22 statements submitted to the court under section 611A.038. The 140.23 term "victim" does not include the person charged with or 140.24 alleged to have committed the crime; and 140.25 (c) "juvenile" has the same meaning as given to the term 140.26 "child" in section 260B.007, subdivision 3. 140.27 [EFFECTIVE DATE.] This section is effective July 1, 2005. 140.28 Sec. 14. Minnesota Statutes 2004, section 611A.036, is 140.29 amended to read: 140.30 611A.036 [PROHIBITION AGAINST EMPLOYER RETALIATION.] 140.31 Subdivision 1. [VICTIM OR WITNESS.] An employeror140.32employer's agent who threatens to discharge or disciplinemust 140.33 allow a victim or witness, or who discharges, disciplines, or140.34causes a victim or witness to be discharged from employment or140.35disciplined because the victim or the witnesswho is subpoenaed 140.36 or requested by the prosecutor to attend court for the purpose 141.1 of giving testimony, is guilty of a misdemeanor and may be141.2punished for contempt of court. In addition, the court shall141.3order the employer to offer job reinstatement to any victim or141.4witness discharged from employment in violation of this section,141.5and to pay the victim or witness back wages as141.6appropriatereasonable time off from work to attend criminal 141.7 proceedings related to the victim's case. 141.8 Subd. 2. [VICTIM'S SPOUSE OR NEXT OF KIN.] An employer 141.9 must allow a victim of a heinous crime, as well as the victim's 141.10 spouse or next of kin, reasonable time off from work to attend 141.11 criminal proceedings related to the victim's case. 141.12 Subd. 3. [PROHIBITED ACTS.] An employer shall not 141.13 discharge, discipline, threaten, otherwise discriminate against, 141.14 or penalize an employee regarding the employee's compensation, 141.15 terms, conditions, location, or privileges of employment, 141.16 because the employee took reasonable time off from work to 141.17 attend a criminal proceeding pursuant to this section. 141.18 Subd. 4. [VERIFICATION; CONFIDENTIALITY.] An employee who 141.19 is absent from the workplace shall give reasonable advance 141.20 notice to the employer, unless an emergency prevents the 141.21 employee from doing so. Upon request of the employer, the 141.22 employee shall provide verification that supports the employee's 141.23 reason for being absent from the workplace. All information 141.24 related to the employee's leave pursuant to this section shall 141.25 be kept confidential by the employer. 141.26 Subd. 5. [PENALTY.] An employer who violates this section 141.27 is guilty of a misdemeanor and may be punished for contempt of 141.28 court. In addition, the court shall order the employer to offer 141.29 job reinstatement to any employee discharged from employment in 141.30 violation of this section, and to pay the employee back wages as 141.31 appropriate. 141.32 Subd. 6. [CIVIL ACTION.] In addition to any remedies 141.33 otherwise provided by law, an employee injured by a violation of 141.34 this section may bring a civil action for recovery for damages, 141.35 together with costs and disbursements, including reasonable 141.36 attorney fees, and may receive such injunctive and other 142.1 equitable relief, including reinstatement, as determined by the 142.2 court. Total damages recoverable under this section shall not 142.3 exceed lost wages for six weeks. 142.4 Subd. 7. [DEFINITION.] As used in this section, "heinous 142.5 crime" means: 142.6 (1) a violation or attempted violation of section 609.185 142.7 or 609.19; 142.8 (2) a violation of section 609.195 or 609.221; or 142.9 (3) a violation of section 609.342, 609.343, or 609.344, if 142.10 the offense was committed with force or violence or if the 142.11 complainant was a minor at the time of the offense. 142.12 [EFFECTIVE DATE.] This section is effective August 1, 2005, 142.13 and applies to crimes committed on or after that date. 142.14 Sec. 15. Minnesota Statutes 2004, section 611A.19, is 142.15 amended to read: 142.16 611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 142.17 VIRUS.] 142.18 Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) Upon 142.19 the request or with the consent of the victim, the prosecutor 142.20 shall make a motion in camera and the sentencing court shall 142.21 issue an order requiring an adult convicted of or a juvenile 142.22 adjudicated delinquent for violating section 609.342 (criminal 142.23 sexual conduct in the first degree), 609.343 (criminal sexual 142.24 conduct in the second degree), 609.344 (criminal sexual conduct 142.25 in the third degree), 609.345 (criminal sexual conduct in the 142.26 fourth degree), or any other violent crime, as defined in 142.27 section 609.1095, to submit to testing to determine the presence 142.28 of human immunodeficiency virus (HIV) antibody if: 142.29 (1) the crime involved sexual penetration, however slight, 142.30 as defined in section 609.341, subdivision 12; or 142.31 (2) evidence exists that the broken skin or mucous membrane 142.32 of the victim was exposed to or had contact with the offender's 142.33 semen or blood during the commission of the crime in a manner 142.34 which has been demonstrated epidemiologically to transmit the 142.35 human immunodeficiency virus (HIV). 142.36 (b) When the court orders an offender to submit to testing 143.1 under paragraph (a), the court shall order that the test be 143.2 performed by an appropriate health professional who is trained 143.3 to provide the counseling described in section 144.7414, and 143.4 that no reference to the test, the motion requesting the test, 143.5 the test order, or the test results may appear in the criminal 143.6 record or be maintained in any record of the court or court 143.7 services, except in the medical record maintained by the 143.8 Department of Corrections. 143.9 (c) The order shall include the name and contact 143.10 information of the victim's choice of health care provider. 143.11 Subd. 2. [DISCLOSURE OF TEST RESULTS.] The date and 143.12 results of a test performed under subdivision 1 are private data 143.13 as defined in section 13.02, subdivision 12, when maintained by 143.14 a person subject to chapter 13, or may be released only with the 143.15 subject's consent, if maintained by a person not subject to 143.16 chapter 13. The results are available, on request, to the 143.17 victim or, if the victim is a minor, to the victim's parent or 143.18 guardian and positive test results shall be reported to the 143.19 commissioner of health. Any test results shall be givento a143.20victim or victim's parent or guardian shall be provided by a143.21health professional who is trained to provide the counseling143.22described in section 144.7414by the Department of Correction's 143.23 medical director to the victim's health care provider who shall 143.24 give the results to the victim or victim's parent or guardian. 143.25 Data regarding administration and results of the test are not 143.26 accessible to any other person for any purpose and shall not be 143.27 maintained in any record of the court or court services or any 143.28 other record. After the test results are given to the victim or 143.29 the victim's parent or guardian, data on the test must be 143.30 removed from any medical data or health records maintained under 143.31 section 13.384 or 144.335 and destroyed, except for those 143.32 medical records maintained by the Department of Corrections. 143.33 [EFFECTIVE DATE.] This section is effective July 1, 2005. 143.34 Sec. 16. Minnesota Statutes 2004, section 611A.53, 143.35 subdivision 1b, is amended to read: 143.36 Subd. 1b. [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 144.1 Minnesota resident who is the victim of a crime committed 144.2 outside the geographical boundaries of this state but who 144.3 otherwise meets the requirements of this section shall have the 144.4 same rights under this chapter as if the crime had occurred 144.5 within this state upon a showing that the state, territory,or144.6 United States possession, country, or political subdivision of a 144.7 country in which the crime occurred does not have a crime victim 144.8 reparations law covering the resident's injury or death. 144.9 (b) Notwithstanding paragraph (a), a Minnesota resident who 144.10 is the victim of a crime involving international terrorism who 144.11 otherwise meets the requirements of this section has the same 144.12 rights under this chapter as if the crime had occurred within 144.13 this state regardless of where the crime occurred or whether the 144.14 jurisdiction has a crime victims reparations law. 144.15 [EFFECTIVE DATE.] This section is effective August 1, 2005, 144.16 and applies to those seeking reparations on or after that date. 144.17 Sec. 17. [SPECIAL REVENUE SPENDING AUTHORIZATION FROM 144.18 CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.] 144.19 Remaining balances in the special revenue fund from 144.20 spending authorized by Laws 2001, First Special Session chapter 144.21 8, article 7, section 14, subdivision 1, for which spending 144.22 authorization ended June 30, 2003, under Laws 2001, First 144.23 Special Session, chapter 8, article 7, section 14, subdivision 144.24 3, are transferred to the general fund. 144.25 [EFFECTIVE DATE.] This section is effective July 1, 2005. 144.26 Sec. 18. [TRANSFER OF RESPONSIBILITIES.] 144.27 The responsibility of the Department of Employment and 144.28 Economic Development for the youth intervention program is 144.29 transferred to the Department of Public Safety. 144.30 [EFFECTIVE DATE.] This section is effective July 1, 2005. 144.31 Sec. 19. [REVISOR INSTRUCTION.] 144.32 The revisor of statutes shall renumber Minnesota Statutes, 144.33 section 116L.30 as section 299A.73. The revisor shall also make 144.34 necessary cross-reference changes consistent with the 144.35 renumbering. 144.36 [EFFECTIVE DATE.] This section is effective July 1, 2005. 145.1 ARTICLE 9 145.2 FIRE MARSHAL 145.3 Section 1. Minnesota Statutes 2004, section 84.362, is 145.4 amended to read: 145.5 84.362 [REMOVAL OF STRUCTURES.] 145.6 Until after the sale of any parcel of tax-forfeited land, 145.7 whether classified as agricultural or nonagricultural hereunder, 145.8 the county auditor may, with the approval of the commissioner, 145.9 provide: 145.10 (1) for the sale or demolition of any structure located 145.11thereon, whichon the land that has been determined by the 145.12 county board to bewithin the purview of section 299F.10,145.13 especially liable to fire or so situated as to endanger life or 145.14 limb or other buildings or property in the vicinity because of 145.15 age, dilapidated condition, defective chimney, defective 145.16 electric wiring, any gas connection, heating apparatus, or other 145.17 defect; and 145.18 (2) for the sale of salvage material, if any, therefrom. 145.19 [EFFECTIVE DATE.] This section is effective July 1, 2005. 145.20 Sec. 2. Minnesota Statutes 2004, section 282.04, 145.21 subdivision 2, is amended to read: 145.22 Subd. 2. [RIGHTS BEFORE SALE; IMPROVEMENTS, INSURANCE, 145.23 DEMOLITION.] (a) Before the sale of a parcel of forfeited land 145.24 the county auditor may, with the approval of the county board of 145.25 commissioners, provide for the repair and improvement of any 145.26 building or structure located upon the parcel, and may provide 145.27 for maintenance of tax-forfeited lands, if it is determined by 145.28 the county board that such repairs, improvements, or maintenance 145.29 are necessary for the operation, use, preservation, and safety 145.30 of the building or structure. 145.31 (b) If so authorized by the county board, the county 145.32 auditor may insure the building or structure against loss or 145.33 damage resulting from fire or windstorm, may purchase workers' 145.34 compensation insurance to insure the county against claims for 145.35 injury to the persons employed in the building or structure by 145.36 the county, and may insure the county, its officers and 146.1 employees against claims for injuries to persons or property 146.2 because of the management, use, or operation of the building or 146.3 structure. 146.4 (c) The county auditor may, with the approval of the county 146.5 board, provide: 146.6 (1) for the demolition of the building or structure, which 146.7 has been determined by the county board to bewithin the purview146.8of section 299F.10,especially liable to fire or so situated as 146.9 to endanger life or limb or other buildings or property in the 146.10 vicinity because of age, dilapidated condition, defective 146.11 chimney, defective electric wiring, any gas connection, heating 146.12 apparatus, or other defect; and 146.13 (2) for the sale of salvaged materials from the building or 146.14 structure. 146.15 (d) The county auditor, with the approval of the county 146.16 board, may provide for the sale of abandoned personal property. 146.17 The sale may be made by the sheriff using the procedures for the 146.18 sale of abandoned property in section 345.15 or by the county 146.19 auditor using the procedures for the sale of abandoned property 146.20 in section 504B.271. The net proceeds from any sale of the 146.21 personal property, salvaged materials, timber or other products, 146.22 or leases made under this law must be deposited in the forfeited 146.23 tax sale fund and must be distributed in the same manner as if 146.24 the parcel had been sold. 146.25 (e) The county auditor, with the approval of the county 146.26 board, may provide for the demolition of any structure on 146.27 tax-forfeited lands, if in the opinion of the county board, the 146.28 county auditor, and the land commissioner, if there is one, the 146.29 sale of the land with the structure on it, or the continued 146.30 existence of the structure by reason of age, dilapidated 146.31 condition or excessive size as compared with nearby structures, 146.32 will result in a material lessening of net tax capacities of 146.33 real estate in the vicinity of the tax-forfeited lands, or if 146.34 the demolition of the structure or structures will aid in 146.35 disposing of the tax-forfeited property. 146.36 (f) Before the sale of a parcel of forfeited land located 147.1 in an urban area, the county auditor may with the approval of 147.2 the county board provide for the grading of the land by filling 147.3 or the removal of any surplus material from it. If the physical 147.4 condition of forfeited lands is such that a reasonable grading 147.5 of the lands is necessary for the protection and preservation of 147.6 the property of any adjoining owner, the adjoining property 147.7 owner or owners may apply to the county board to have the 147.8 grading done. If, after considering the application, the county 147.9 board believes that the grading will enhance the value of the 147.10 forfeited lands commensurate with the cost involved, it may 147.11 approve it, and the work must be performed under the supervision 147.12 of the county or city engineer, as the case may be, and the 147.13 expense paid from the forfeited tax sale fund. 147.14 [EFFECTIVE DATE.] This section is effective July 1, 2005. 147.15 Sec. 3. Minnesota Statutes 2004, section 299F.011, 147.16 subdivision 7, is amended to read: 147.17 Subd. 7. [FEES.]A fee of $100 shall be charged byThe 147.18 state fire marshal shall charge a fee of $100 for each plan 147.19 review involving: 147.20 (1) flammable liquidsunder Minnesota Rules, part147.217510.3650; 147.22 (2) motor vehicle fuel-dispensing stationsunder Minnesota147.23Rules, part 7510.3610; or 147.24 (3) liquefied petroleum gasesunder Minnesota Rules, part147.257510.3670. 147.26 [EFFECTIVE DATE.] This section is effective July 1, 2005. 147.27 Sec. 4. Minnesota Statutes 2004, section 299F.014, is 147.28 amended to read: 147.29 299F.014 [RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK 147.30 VEHICLE PARKING.] 147.31 (a) Any rule of the commissioner of public safety that 147.32 adopts provisions of theUniformState Fire Code relating to 147.33 aboveground tanks for petroleum storage that are not used for 147.34 dispensing to the public is superseded by Minnesota Rules, 147.35 chapter 7151, in regard to: secondary containment, substance 147.36 transfer areas, tank and piping standards, overfill protection, 148.1 corrosion protection, leak detection, labeling, monitoring, 148.2 maintenance, record keeping, and decommissioning. If Minnesota 148.3 Rules, chapter 7151, does not address an issue relating to 148.4 aboveground tanks for petroleum storage that are not used for 148.5 dispensing to the public, any applicable provision of the 148.6UniformState Fire Code, 1997 Edition, shall applyapplies. 148.7 (b) A motorized tank vehicle used to transport petroleum 148.8 products may be parked within 500 feet of a residence if the 148.9 vehicle is parked at an aboveground tank facility used for 148.10 dispensing petroleum into cargo tanks for sale at another 148.11 location. 148.12 [EFFECTIVE DATE.] This section is effective July 1, 2005. 148.13 Sec. 5. Minnesota Statutes 2004, section 299F.05, is 148.14 amended to read: 148.15 299F.05 [LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.] 148.16 Subdivision 1. [INVESTIGATION, ARREST, AND PROSECUTION.] 148.17The state fire marshal,On determining that reasonable grounds 148.18 exist to believe that a violation of sections 609.561 to 609.576 148.19 has occurred,orreasonable grounds to believethat some other 148.20 crime has occurred in connection with a fire investigated 148.21 pursuant to section 299F.04, the state fire marshal shall so 148.22 inform thesuperintendent of the Bureau of Criminal148.23Apprehension. The superintendentlaw enforcement authority 148.24 having jurisdiction, who shall cooperate with the fire marshal 148.25 and local fire officials in further investigating the reported 148.26 incident in a mannerwhichthat may include supervising and 148.27 directing the subsequent criminal investigation,and taking the 148.28 testimony on oath of all persons supposed to be cognizant of any 148.29 facts relating to the matter under investigation.If the148.30superintendent believesOn determining that there is evidence 148.31 sufficient to charge any person with a violation of sections 148.32 609.561 to 609.576, or of any other crime in connection with an 148.33 investigated fire, thesuperintendentauthority having 148.34 jurisdiction shallarrest or causehave the personto be148.35 arrested and charged with the offense and furnish to the proper 148.36 prosecuting attorney all relevant evidence, together with the 149.1 copy of all names of witnesses and all the information obtained 149.2 by thesuperintendentauthority or the state fire marshal, 149.3 including a copy of all pertinent and material testimony taken 149.4 in the case. 149.5 Subd. 2. [INFORMATION SYSTEM.] The state fire marshaland149.6the superintendent of the Bureau of Criminal Apprehensionshall 149.7 maintain a record of arrests, charges filed, and final 149.8 disposition of all fires reported and investigated under 149.9 sections 299F.04 and 299F.05. For this purpose, the Department 149.10 of Public Safety shall implement a single reporting systemshall149.11be implemented by the Department of Public Safetyutilizing the 149.12 systems operated by the fire marshaland the bureau. The system 149.13shallmust be operated in such a way as to minimize duplication 149.14 and discrepancies in reported figures. 149.15 [EFFECTIVE DATE.] This section is effective July 1, 2005. 149.16 Sec. 6. Minnesota Statutes 2004, section 299F.051, 149.17 subdivision 4, is amended to read: 149.18 Subd. 4. [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 149.19 state fire marshal and the superintendent of the Bureau of 149.20 Criminal Apprehension shall encourage the cooperation of local 149.21 firefighters and peace officers in the investigation of 149.22 violations of sections 609.561 to 609.576 or other crimes 149.23 associated with reported fires in all appropriate ways,149.24including providing reimbursement to political subdivisions at a149.25rate not to exceed 50 percent of the salaries of peace officers149.26and firefighters for time spent in attending fire investigation149.27training courses offered by the arson training unit. Volunteer149.28firefighters from a political subdivision shall be reimbursed at149.29the rate of $35 per day plus expenses incurred in attending fire149.30investigation training courses offered by the arson training149.31unit. Reimbursement shall be made only in the event that both a149.32peace officer and a firefighter from the same political149.33subdivision attend the same training course. The reimbursement149.34shall be subject to the limitation of funds appropriated and149.35available for expenditure. The state fire marshal and the149.36superintendent also shall encourage local firefighters and peace150.1officers to seek assistance from the arson strike force150.2established in section 299F.058. 150.3 [EFFECTIVE DATE.] This section is effective July 1, 2005. 150.4 Sec. 7. Minnesota Statutes 2004, section 299F.06, 150.5 subdivision 1, is amended to read: 150.6 Subdivision 1. [SUMMON WITNESSES; PRODUCE DOCUMENTARY 150.7 EVIDENCE.] (a) In order to establish if reasonable grounds exist 150.8 to believe that a violation of sections 609.561 to 609.576,has 150.9 occurred, or to determine compliance with theUniformState Fire 150.10 Code or corrective orders issuedthereunderunder that code, the 150.11 state fire marshal and the staff designated by the state fire 150.12 marshalshall have the power, in any county of the stateto, may 150.13 summon and compel the attendance of witnesses to testify before 150.14 the state fire marshal, chief assistant fire marshal, or deputy 150.15 state fire marshals,and may require the production of any book, 150.16 paper, or document deemed pertinent.The state fire marshal may150.17also designate certain individuals from fire departments in150.18cities of the first class and cities of the second class as150.19having the powers set forth in this paragraph. These designated150.20individuals may only exercise their powers in a manner150.21prescribed by the state fire marshal. "Fire department" has the150.22meaning given in section 299F.092, subdivision 6. "Cities of150.23the first class" and "cities of the second class" have the150.24meanings given in section 410.01.150.25 (b) A summons issued under this subdivisionshallmust be 150.26 served in the same manner andhavehas the same effect as 150.27subpoenasa subpoena issued from a districtcourtscourt. All 150.28 witnessesshallmust receive the same compensation as is paid to 150.29 witnesses in district courts, whichshallmust be paid out of 150.30 the fire marshal fund uponvouchersa voucher certificate signed 150.31 by the state fire marshal, chief assistant fire marshal, or 150.32 deputy fire marshal before whom any witnessesshallhave 150.33 attended and this officer shall, at the close of the 150.34 investigationwhereinin which the witness was subpoenaed, 150.35 certify to the attendance and mileage of the witness, which. 150.36 This certificateshallmust be filed in the Office of the State 151.1 Fire Marshal. All investigations held by or under the direction 151.2 of the state fire marshal,or any subordinate,may, in the state 151.3 fire marshal's discretion, be private and persons other than 151.4 those required to be present by the provisions of this chapter 151.5 may be excluded from the place where the investigation is held, 151.6 and witnesses may be kept separate and apart from each other and 151.7 not allowed to communicate with each other until they have been 151.8 examined. 151.9 [EFFECTIVE DATE.] This section is effective July 1, 2005. 151.10 Sec. 8. Minnesota Statutes 2004, section 299F.19, 151.11 subdivision 1, is amended to read: 151.12 Subdivision 1. [RULES.] The commissioner of public safety 151.13 shall adopt rules for the safekeeping, storage, handling, use, 151.14 or other disposition offlammable liquids, flammable gases,151.15 blasting agents,and explosives. Loads carried in or on 151.16 vehicles transportingsuchthese products upon public highways 151.17 within this stateshall beare governed by the uniform vehicle 151.18 size and weights provisions in sections 169.80 to 169.88 and the 151.19 transportation of hazardous materials provisions of section 151.20 221.033.The rules for flammable liquids and flammable gases151.21shall be distinguished from each other and from the rules151.22covering other materials subject to regulation under this151.23subdivision.151.24 [EFFECTIVE DATE.] This section is effective July 1, 2005. 151.25 Sec. 9. Minnesota Statutes 2004, section 299F.19, 151.26 subdivision 2, is amended to read: 151.27 Subd. 2. [BLASTING AGENT DEFINED; EXPLOSIVES CLASSIFIED.] 151.28(a)For the purposes of this section,and the rules adopted 151.29 pursuantthereto, the termto this section: 151.30 (a) "Blasting agent" means any material or mixture, 151.31 consisting of a fuel and oxidizer, intended for blasting, not 151.32 otherwise classified as an explosive and in which none of the 151.33 ingredients is classified as an explosive,; providing that, the 151.34 finished product, as mixed and packaged for use or shipment, 151.35 cannot be detonated by means of a number 8 test blasting cap 151.36 when unconfined.The term"Blasting agent" does not include 152.1 flammable liquids or flammable gases. 152.2 (b)For the purposes of this section, and the rules adopted152.3pursuant thereto,"Explosive" means any chemical compound, 152.4 mixture, or device, the primary or common purpose of which is to 152.5 function by explosion. The term includes, but is not limited 152.6 to, dynamite, black powder, pellet powder, initiating 152.7 explosives, detonators, safety fuses, squibs, detonating cord, 152.8 igniter cord, igniters, display fireworks, and class 1.3G 152.9 fireworks (formerly classified as Class B special fireworks). 152.10 "Explosive" includes any material determined to be within the 152.11 scope of United States Code, title 18, chapter 40, and also 152.12 includes any material classified as an explosive other than 152.13 consumer fireworks, 1.4G (Class C, Common), by the hazardous 152.14 materials regulations of the United States Department of 152.15 Transportation (DOTn) in Code of Federal Regulations, title 49. 152.16 (c) Explosives are divided intothree classesfour 152.17 categories and are defined as follows: 152.18(1) class A explosives: possessing detonating or otherwise152.19maximum hazard, such as dynamite, nitroglycerin, picric acid,152.20lead azide, fulminate of mercury, blasting caps, and detonating152.21primers;152.22(2) class B explosives: possessing flammable hazard, such152.23as propellant explosives (including some smokeless powders),152.24black powder, photographic flash powders, and some special152.25fireworks;152.26(3) class C explosives: includes certain types of152.27manufactured articles which contain class A, or class B152.28explosives, or both, as components but in restricted quantities.152.29The term explosive or explosives means any chemical compound,152.30mixture or device, the primary or common purpose of which is to152.31function by explosion; that is, with substantially instantaneous152.32release of gas and heat, unless such compound, mixture, or152.33device is otherwise specifically classified by the United States152.34Department of Transportation. The term explosives includes all152.35material which is classified as class A, class B, and class C152.36explosives by the United States Department of Transportation,153.1and includes, but is not limited to dynamite, black powder,153.2pellet powder, initiating explosives, blasting caps, electric153.3blasting caps, safety fuse, fuse lighters, fuse igniters,153.4squibs, cordeau detonate fuse, instantaneous fuse, igniter cord,153.5igniters, and some special fireworks. Commercial explosives are153.6those explosives which are intended to be used in commercial or153.7industrial operation. The term explosives does not include153.8flammable liquids or flammable gases.153.9 (1) High explosive: explosive material, such as dynamite, 153.10 that can be caused to detonate by means of a number eight test 153.11 blasting cap when unconfined. 153.12 (2) Low explosive: explosive material that will burn or 153.13 deflagrate when ignited, characterized by a rate of reaction 153.14 that is less than the speed of sound, including, but not limited 153.15 to, black powder, safety fuse, igniters, igniter cord, fuse 153.16 lighters, class 1.3G fireworks (formerly classified as Class B 153.17 special fireworks), and class 1.3C propellants. 153.18 (3) Mass-detonating explosives: division 1.1, 1.2, and 1.5 153.19 explosives alone or in combination, or loaded into various types 153.20 of ammunition or containers, most of which can be expected to 153.21 explode virtually instantaneously when a small portion is 153.22 subjected to fire, severe concussion, impact, the impulse of an 153.23 initiating agent, or the effect of a considerable discharge of 153.24 energy from without. Materials that react in this manner 153.25 represent a mass explosion hazard. Such an explosive will 153.26 normally cause severe structural damage to adjacent objects. 153.27 Explosive propagation could occur immediately to other items of 153.28 ammunition and explosives stored sufficiently close to and not 153.29 adequately protected from the initially exploding pile with a 153.30 time interval short enough so that two or more quantities must 153.31 be considered as one for quantity-distance purposes. 153.32 (4) United Nations/United States Department of 153.33 Transportation (UN/DOTn) Class 1 explosives: the hazard class 153.34 of explosives that further defines and categorizes explosives 153.35 under the current system applied by DOTn for all explosive 153.36 materials into further divisions as follows, with the letter G 154.1 identifying the material as a pyrotechnic substance or article 154.2 containing a pyrotechnic substance and similar materials: 154.3 (i) Division 1.1 explosives have a mass explosion hazard. 154.4 A mass explosion is one that affects almost the entire load 154.5 instantaneously. 154.6 (ii) Division 1.2 explosives have a projection hazard but 154.7 not a mass explosion hazard. 154.8 (iii) Division 1.3 explosives have a fire hazard and either 154.9 a minor blast hazard or a minor projection hazard or both, but 154.10 not a mass explosion hazard. 154.11 (iv) Division 1.4 explosives pose a minor explosion 154.12 hazard. The explosive effects are largely confined to the 154.13 package and no projection of fragments of appreciable size or 154.14 range is to be expected. An external fire must not cause 154.15 virtually instantaneous explosion of almost the entire contents 154.16 of the package. 154.17 (v) Division 1.5 explosives are very insensitive and are 154.18 comprised of substances that have a mass explosion hazard, but 154.19 are so insensitive that there is very little probability of 154.20 initiation or of transition from burning to detonation under 154.21 normal conditions of transport. 154.22 (vi) Division 1.6 explosives are extremely insensitive and 154.23 do not have a mass explosion hazard, comprised of articles that 154.24 contain only extremely insensitive detonating substances and 154.25 that demonstrate a negligible probability of accidental 154.26 initiation or propagation. 154.27 [EFFECTIVE DATE.] This section is effective July 1, 2005. 154.28 Sec. 10. Minnesota Statutes 2004, section 299F.362, 154.29 subdivision 3, is amended to read: 154.30 Subd. 3. [SMOKE DETECTOR FOR ANY DWELLING.] Every dwelling 154.31 unit within a dwellingshallmust be provided with a smoke 154.32 detector meeting the requirements ofUnderwriters Laboratories,154.33Inc., or approved by the International Conference of Building154.34Officialsthe State Fire Code. The detectorshallmust be 154.35 mounted in accordance with the rules regarding smoke detector 154.36 locationpromulgatedadopted underthe provisions ofsubdivision 155.1 2. When actuated, the detectorshallmust provide an alarm in 155.2 the dwelling unit. 155.3 [EFFECTIVE DATE.] This section is effective July 1, 2005. 155.4 Sec. 11. Minnesota Statutes 2004, section 299F.362, 155.5 subdivision 4, is amended to read: 155.6 Subd. 4. [SMOKE DETECTOR FOR APARTMENT, LODGING HOUSE, OR 155.7 HOTEL.] Every dwelling unit within an apartment house and every 155.8 guest room in a lodging house or hotel used for sleeping 155.9 purposesshallmust be provided with a smoke detector conforming 155.10 to the requirements ofUnderwriters Laboratories, Inc., or155.11approved by the International Conference of Building155.12Officialsthe State Fire Code. In dwelling units, detectors 155.13shallmust be mounted in accordance with the rules regarding 155.14 smoke detector locationpromulgatedadopted underthe provisions155.15ofsubdivision 2. When actuated, the detectorshallmust 155.16 provide an alarm in the dwelling unit or guest room. 155.17 [EFFECTIVE DATE.] This section is effective July 1, 2005. 155.18 Sec. 12. Minnesota Statutes 2004, section 299F.391, 155.19 subdivision 1, is amended to read: 155.20 Subdivision 1. [DEFINITIONS.] For purposes of this section 155.21 the following definitions shall apply: 155.22 (a)"Lodging house" means any building or portion thereof155.23containing not more than five guest rooms which are used or155.24intended to be used for sleeping purposes by guests and where155.25rent is paid in money, goods, labor or otherwise"Dormitory" 155.26 means all or a portion of a building containing one or more 155.27 rooms for group sleeping or closely associated rooms used for 155.28 sleeping. 155.29 (b) "Hospital" has the meaning given it in section 144.50. 155.30 (c) "Hotel" meansany building or portion thereof155.31containing six or more guest rooms intended or designed to be155.32used, or which area hotel, motel, resort, boarding house, bed 155.33 and breakfast, furnished apartment house, or other building that 155.34 is kept, used,rented, hired out to be occupied, or which are155.35occupied foradvertised, or held out to the public as a place 155.36 where sleepingpurposes byor housekeeping accommodations are 156.1 supplied for pay to guests, and which is required to be licensed156.2pursuant to chapter 157for transient occupancy. 156.3 (d) "Nursing home" has the meaning given it in section 156.4 144A.01. 156.5(e) "School" means any public or private school or156.6educational institution.156.7 [EFFECTIVE DATE.] This section is effective July 1, 2005. 156.8 Sec. 13. Minnesota Statutes 2004, section 299F.46, 156.9 subdivision 1, is amended to read: 156.10 Subdivision 1. [HOTELINSPECTION OF HOTELS AND OTHER 156.11 LODGING FACILITIES.] (a)It shall be the duty ofThe 156.12 commissioner of public safetytoshall inspect,orcause to156.13behave inspected,at least once every three years,every hotel 156.14in this state;and,other lodging facility with five or more 156.15 guest rooms, dormitories, youth or family camps, and juvenile 156.16 group home buildings. For that purpose, the commissioner, or156.17the commissioner's deputies or designated alternates or agents,156.18shall have the right tomay enter orhaveaccessthereto156.19 lodging facility buildings at any reasonable hour; and, when,156.20upon such inspection, it shall be found that the hotel so156.21inspected does not conform to or is not being operated in156.22accordance with the provisions of sections 157.011 and 157.15 to156.23157.22, in so far as the same relate to fire prevention or fire156.24protection of hotels, or the rules promulgated thereunder, or is156.25being. These buildings must be maintained or operated insuch156.26manner as to violate the Minnesotaaccordance with the State 156.27 Fire Code promulgated pursuant to section 299F.011 or any other 156.28 law of this state relating to fire prevention and fire 156.29 protectionof hotels, the commissioner and the deputies or156.30designated alternates or agents shall report such a situation to156.31the hotel inspector who shall proceed as provided for in chapter156.32157. 156.33 (b) Thewordwords "hotel",and "dormitory," as used in 156.34 thissubdivision, hassection, have themeaningmeanings given 156.35 in section 299F.391. 156.36 [EFFECTIVE DATE.] This section is effective July 1, 2005. 157.1 Sec. 14. Minnesota Statutes 2004, section 299F.46, 157.2 subdivision 3, is amended to read: 157.3 Subd. 3. [INSPECTION FEES; HOTELS AND DORMITORIES.] (a) 157.4 For each hotel or dormitory with 35 or more rooms and required 157.5 to have a fire inspection according to subdivision 1, the 157.6 commissioner of public safety may chargeeach hotela triennial 157.7 inspection fee of $435 and a per-room charge of$5 for one to 18157.8units, $6 for 19 to 35 units, $7 for 36 to 100 units,$7 for 35 157.9 to 99 units and $8 for 100 or more units, or a per bed charge of 157.10 50 cents for beds in a group sleeping area.The fee includes157.11one follow-up inspection. The commissioner shall charge each157.12resort a triennial inspection fee of $435 and a per room charge157.13of $5 for one to ten units, $6 for 11 to 25 units, and $7 for 26157.14or more units.These fees include one follow-up inspection. 157.15 The commissioner shall charge a fee of $225 for each additional 157.16 follow-up inspection forhotels and resortsthese buildings, 157.17 conducted in each three-year cycle that is necessary to bring 157.18 thehotel or resortbuilding into compliance with the State Fire 157.19 Code. 157.20 (b) For each hotel or dormitory with fewer than 35 rooms 157.21 and each resort classified as class 1c property under section 157.22 273.13 and required to have a fire inspection according to 157.23 subdivision 1, the commissioner of public safety may charge a 157.24 triennial inspection fee of $217.50 and a per-room charge of $3 157.25 for a hotel or dormitory, and a per-cabin charge of $2.50, or a 157.26 per-bed charge of 50 cents per bed in group sleeping areas. 157.27 These fees include one follow-up inspection. The commissioner 157.28 shall charge a fee of $112.50 for each additional follow-up 157.29 inspection for these buildings, conducted in each three-year 157.30 cycle that is necessary to bring the building into compliance 157.31 with the State Fire Code. 157.32 (c) Nothing in this subdivision prevents the 157.33 designated local government agent, as defined in subdivision 2, 157.34 from continuing to charge an established inspection fee or from 157.35 establishing a new inspection fee. 157.36(c) Hotels and motels with fewer than 35 rooms and resorts158.1classified as 1c under section 273.13 are exempt from the fee158.2requirements of this subdivision.158.3 [EFFECTIVE DATE.] This section is effective July 1, 2005. 158.4 Sec. 15. Minnesota Statutes 2004, section 325F.04, is 158.5 amended to read: 158.6 325F.04 [FLAME RESISTANT TENTS AND SLEEPING BAGS.] 158.7 (a) No person, firm or corporation may sell or offer for 158.8 sale or manufacture for sale in this state any tent unless all 158.9 fabrics or pliable materials in the tent are durably flame 158.10 resistant. No person, firm or corporation may sell or offer for 158.11 sale or manufacture for sale in this state any sleeping bag 158.12 unless it meets the standards of the commissioner of public 158.13 safety for flame resistancy. Tents and sleeping bags shall be 158.14 conspicuously labeled as being durably flame resistant. 158.15 (b) Paragraph (a) does not apply to one and two-person 158.16 backpacking tents. 158.17 [EFFECTIVE DATE.] This section is effective the day 158.18 following final enactment. 158.19 Sec. 16. Minnesota Statutes 2004, section 624.22, 158.20 subdivision 1, is amended to read: 158.21 Subdivision 1. [GENERAL REQUIREMENTS; PERMIT; 158.22 INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not 158.23 prohibit the supervised display of fireworks by a statutory or 158.24 home rule charter city, fair association, amusement park, or 158.25 other organization, except that: 158.26 (1) a fireworks display may be conducted only when 158.27 supervised by an operator certified by the state fire marshal; 158.28 and 158.29 (2) a fireworks display must either be given by a 158.30 municipality or fair association within its own limits, or by 158.31 any other organization, whether public or private, only after a 158.32 permit for the display has first been secured. 158.33 (b) An application for a permit for an outdoor fireworks 158.34 display must be made in writing to the municipal clerk at least 158.35 15 days in advance of the date of the display and must list the 158.36 name of an operator who is certified by the state fire marshal 159.1 and will supervise the display. The application must be 159.2 promptly referred to the chief of the fire department, who shall 159.3 make an investigation to determine whether the operator of the 159.4 display is competent and is certified by the state fire marshal, 159.5 and whether the display is of such a character and is to be so 159.6 located, discharged, or fired that it will not be hazardous to 159.7 property or endanger any person. The fire chief shall report 159.8 the results of this investigation to the clerk. If the fire 159.9 chief reports that the operator is certified, that in the 159.10 chief's opinion the operator is competent, and that the 159.11 fireworks display as planned will conform to the safety 159.12 guidelines of the state fire marshal provided for in paragraph 159.13 (f), the clerk shall issue a permit for the display when the 159.14 applicant pays a permit fee. 159.15 (c) When the supervised outdoor fireworks display for which 159.16 a permit is sought is to be held outside the limits of an 159.17 incorporated municipality, the application must be made to the 159.18 county auditor, and the auditor shall perform duties imposed by 159.19 sections 624.20 to 624.25 upon the clerk of the municipality. 159.20 When an application is made to the auditor, the county sheriff 159.21 shall perform the duties imposed on the fire chief of the 159.22 municipality by sections 624.20 to 624.25. 159.23 (d) An application for an indoor fireworks display permit 159.24 must be made in writing to the state fire marshal by the 159.25 operator of the facility in which the display is to occur at 159.26 least 15 days in advance of the date of any performance, show, 159.27 or event which will include the discharge of fireworks inside a 159.28 building or structure. The application must list the name of an 159.29 operator who is certified by the state fire marshal and will 159.30 supervise the display. The state fire marshal shall make an 159.31 investigation to determine whether the operator of the display 159.32 is competent and is properly certified and whether the display 159.33 is of such a character and is to be so located, discharged, or 159.34 fired that it will not be hazardous to property or endanger any 159.35 person. If the state fire marshal determines that the operator 159.36 is certified and competent, that the indoor fireworks display as 160.1 planned will conform to the safety guidelines provided for in 160.2 paragraph (f), and that adequate notice will be given to inform 160.3 patrons of the indoor fireworks display, the state fire marshal 160.4 shall issue a permit for the display when the applicant pays an 160.5 indoor fireworks fee of $150 and reimburses the fire marshal for 160.6 costs of inspection. Receipts from the indoor fireworks fee and 160.7 inspection reimbursements must be deposited in the general fund 160.8 as a nondedicated receipt. The state fire marshal may issue a 160.9 single permit for multiple indoor fireworks displays when all of 160.10 the displays are to take place at the same venue as part of a 160.11 series of performances by the same performer or group of 160.12 performers. A copy of the application must be promptly conveyed 160.13 to the chief of the local fire department, who shall make 160.14 appropriate preparations to ensure public safety in the vicinity 160.15 of the display. The operator of a facility where an indoor 160.16 fireworks display occurs must provide notice in a prominent 160.17 place as approved by the state fire marshal to inform patrons 160.18 attending a performance when indoor fireworks will be part of 160.19 that performance. The state fire marshal may grant a local fire 160.20 chief the authority to issue permits for indoor fireworks 160.21 displays. Before issuing a permit, a local fire chief must make 160.22 the determinations required in this paragraph. 160.23 (e) After a permit has been granted under either paragraph 160.24 (b) or (d), sales, possession, use and distribution of fireworks 160.25 for a display are lawful for that purpose only. A permit is not 160.26 transferable. 160.27 (f) The state fire marshal shall adopt and disseminate to 160.28 political subdivisions rules establishing guidelines on 160.29 fireworks display safety that are consistent with sections 160.30 624.20 to 624.25 and the most recenteditionsedition of the 160.31Minnesota UniformState Fire Codeand the National Fire160.32Protection Association Standards, to insure that fireworks 160.33 displays are given safely. In the guidelines, the state fire 160.34 marshal shall allow political subdivisions to exempt the use of 160.35 relatively safe fireworks for theatrical special effects, 160.36 ceremonial occasions, and other limited purposes, as determined 161.1 by the state fire marshal. 161.2 [EFFECTIVE DATE.] This section is effective July 1, 2005. 161.3 Sec. 17. [INSTRUCTION TO REVISOR.] 161.4 The revisor of statutes shall change the terms "Minnesota 161.5 Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code" 161.6 where found in Minnesota Statutes, sections 16B.61, subdivision 161.7 2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011, 161.8 subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015, 161.9 subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6; 161.10 299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391, 161.11 subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and 161.12 462.3585. 161.13 [EFFECTIVE DATE.] This section is effective July 1, 2005. 161.14 Sec. 18. [REPEALER.] 161.15 Minnesota Statutes 2004, sections 69.011, subdivision 5; 161.16 299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12; 161.17 299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451; 161.18 and 299F.452, are repealed. 161.19 [EFFECTIVE DATE.] This section is effective July 1, 2005. 161.20 ARTICLE 10 161.21 EMERGENCY COMMUNICATIONS 161.22 Section 1. Minnesota Statutes 2004, section 237.70, 161.23 subdivision 7, is amended to read: 161.24 Subd. 7. [APPLICATION, NOTICE, FINANCIAL ADMINISTRATION, 161.25 COMPLAINT INVESTIGATION.] The telephone assistance plan must be 161.26 administered jointly by the commission, the Department of 161.27 Commerce, and the local service providers in accordance with the 161.28 following guidelines: 161.29 (a) The commission and the Department of Commerce shall 161.30 develop an application form that must be completed by the 161.31 subscriber for the purpose of certifying eligibility for 161.32 telephone assistance plan credits to the local service 161.33 provider. The application must contain the applicant's Social 161.34 Security number. Applicants who refuse to provide a Social 161.35 Security number will be denied telephone assistance plan 161.36 credits. The application form must also include a statement 162.1 that the applicant household is currently eligible for one of 162.2 the programs that confers eligibility for the federal Lifeline 162.3 Program. The application must be signed by the applicant, 162.4 certifying, under penalty of perjury, that the information 162.5 provided by the applicant is true. 162.6 (b) Each local service provider shall annually mail a 162.7 notice of the availability of the telephone assistance plan to 162.8 each residential subscriber in a regular billing and shall mail 162.9 the application form to customers when requested. 162.10 The notice must state the following: 162.11 YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 162.12 BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE 162.13 PROGRAMS. FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE 162.14 CONTACT ......... 162.15 (c) An application may be made by the subscriber, the 162.16 subscriber's spouse, or a person authorized by the subscriber to 162.17 act on the subscriber's behalf. On completing the application 162.18 certifying that the statutory criteria for eligibility are 162.19 satisfied, the applicant must return the application to the 162.20 subscriber's local service provider. On receiving a completed 162.21 application from an applicant, the subscriber's local service 162.22 provider shall provide telephone assistance plan credits against 162.23 monthly charges in the earliest possible month following receipt 162.24 of the application. The applicant must receive telephone 162.25 assistance plan credits until the earliest possible month 162.26 following the service provider's receipt of information that the 162.27 applicant is ineligible. 162.28 If the telephone assistance plan credit is not itemized on the 162.29 subscriber's monthly charges bill for local telephone service, 162.30 the local service provider must notify the subscriber of the 162.31 approval for the telephone assistance plan credit. 162.32 (d) The commission shall serve as the coordinator of the 162.33 telephone assistance plan and be reimbursed for its 162.34 administrative expenses from the surcharge revenue pool. As the 162.35 coordinator, the commission shall: 162.36 (1) establish a uniform statewide surcharge in accordance 163.1 with subdivision 6; 163.2 (2) establish a uniform statewide level of telephone 163.3 assistance plan credit that each local service provider shall 163.4 extend to each eligible household in its service area; 163.5 (3) require each local service provider to account to the 163.6 commission on a periodic basis for surcharge revenues collected 163.7 by the provider, expenses incurred by the provider, not to 163.8 include expenses of collecting surcharges, and credits extended 163.9 by the provider under the telephone assistance plan; 163.10 (4) require each local service provider to remit surcharge 163.11 revenues to the Department ofAdministrationPublic Safety for 163.12 deposit in the fund; and 163.13 (5) remit to each local service provider from the surcharge 163.14 revenue pool the amount necessary to compensate the provider for 163.15 expenses, not including expenses of collecting the surcharges, 163.16 and telephone assistance plan credits. When it appears that the 163.17 revenue generated by the maximum surcharge permitted under 163.18 subdivision 6 will be inadequate to fund any particular 163.19 established level of telephone assistance plan credits, the 163.20 commission shall reduce the credits to a level that can be 163.21 adequately funded by the maximum surcharge. Similarly, the 163.22 commission may increase the level of the telephone assistance 163.23 plan credit that is available or reduce the surcharge to a level 163.24 and for a period of time that will prevent an unreasonable 163.25 overcollection of surcharge revenues. 163.26 (e) Each local service provider shall maintain adequate 163.27 records of surcharge revenues, expenses, and credits related to 163.28 the telephone assistance plan and shall, as part of its annual 163.29 report or separately, provide the commission and the Department 163.30 of Commerce with a financial report of its experience under the 163.31 telephone assistance plan for the previous year. That report 163.32 must also be adequate to satisfy the reporting requirements of 163.33 the federal matching plan. 163.34 (f) The Department of Commerce shall investigate complaints 163.35 against local service providers with regard to the telephone 163.36 assistance plan and shall report the results of its 164.1 investigation to the commission. 164.2 [EFFECTIVE DATE.] This section is effective the day 164.3 following final enactment. 164.4 Sec. 2. Minnesota Statutes 2004, section 403.02, 164.5 subdivision 7, is amended to read: 164.6 Subd. 7. [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic 164.7 location identification" means the process of electronically 164.8 identifying and displayingon a special viewing screenthe name 164.9 of the subscriber and the location, where available, of the 164.10 calling telephone number to a person answering a 911 emergency 164.11 call. 164.12 [EFFECTIVE DATE.] This section is effective the day 164.13 following final enactment. 164.14 Sec. 3. Minnesota Statutes 2004, section 403.02, 164.15 subdivision 13, is amended to read: 164.16 Subd. 13. [ENHANCED 911 SERVICE.] "Enhanced 911 service" 164.17 means the use ofselective routing,automatic location 164.18 identification,or local location identification as part of 164.19 local 911 service provided by an enhanced 911 system consisting 164.20 of a common 911 network and database and customer data and 164.21 network components connecting to the common 911 network and 164.22 database. 164.23 [EFFECTIVE DATE.] This section is effective the day 164.24 following final enactment. 164.25 Sec. 4. Minnesota Statutes 2004, section 403.02, 164.26 subdivision 17, is amended to read: 164.27 Subd. 17. [911 SERVICE.] "911 service" means a 164.28 telecommunications service that automatically connects a person 164.29 dialing the digits 911 to an established public safety answering 164.30 point. 911 service includes: 164.31 (1)equipment for connecting and outswitching 911 calls164.32within a telephone central office, trunking facilities from the164.33central office to a public safety answering pointcustomer data 164.34 and network components connecting to the common 911 network and 164.35 database; 164.36 (2) common 911 network and database equipment, as 165.1 appropriate, for automatically selectively routing 911 callsin165.2situations where one telephone central office serves more than165.3oneto the public safety answering point serving the caller's 165.4 jurisdiction; and 165.5 (3) provision of automatic location identification if the 165.6 public safety answering point has the capability of providing 165.7 that service. 165.8 [EFFECTIVE DATE.] This section is effective the day 165.9 following final enactment. 165.10 Sec. 5. Minnesota Statutes 2004, section 403.02, is 165.11 amended by adding a subdivision to read: 165.12 Subd. 17a. [911 EMERGENCY TELECOMMUNICATIONS SERVICE 165.13 PROVIDER.] "911 emergency telecommunications service provider" 165.14 means a telecommunications service provider or other entity, 165.15 determined by the commissioner to be capable of providing 165.16 effective and efficient components of the 911 system, that 165.17 provides all or portions of the network and database for 165.18 automatically selectively routing 911 calls to the public safety 165.19 answering point serving the caller's jurisdiction. 165.20 [EFFECTIVE DATE.] This section is effective the day 165.21 following final enactment. 165.22 Sec. 6. Minnesota Statutes 2004, section 403.025, 165.23 subdivision 3, is amended to read: 165.24 Subd. 3. [WIRE-LINECONNECTED TELECOMMUNICATIONS SERVICE 165.25 PROVIDER REQUIREMENTS.] Every owner and operator of a 165.26 wire-line or wireless circuit switched or packet-based 165.27 telecommunications system connected to the public switched 165.28 telephone network shall design and maintain the system to dial 165.29 the 911 number without charge to the caller. 165.30 [EFFECTIVE DATE.] This section is effective the day 165.31 following final enactment. 165.32 Sec. 7. Minnesota Statutes 2004, section 403.025, 165.33 subdivision 7, is amended to read: 165.34 Subd. 7. [CONTRACTUAL REQUIREMENTS.] (a) The state, 165.35 together with the county or other governmental agencies 165.36 operating public safety answering points, shall contract with 166.1 the appropriate wire-line telecommunications service 166.2 providers or other entities determined by the commissioner to be 166.3 capable of providing effective and efficient components of the 166.4 911 system for the operation, maintenance, enhancement, and 166.5 expansion of the 911 system. 166.6 (b) The state shall contract with the appropriate wireless 166.7 telecommunications service providers for maintaining, enhancing, 166.8 and expanding the 911 system. 166.9 (c) The contract language or subsequent amendments to the 166.10 contract must include a description of the services to be 166.11 furnishedby wireless and wire-line telecommunications service166.12providersto the county or other governmental agencies operating 166.13 public safety answering points, as well as compensation based on166.14the effective tariff or price list approved by the Public166.15Utilities Commission. The contract language or subsequent 166.16 amendments must include the terms of compensation based on the 166.17 effective tariff or price list filed with the Public Utilities 166.18 Commission or the prices agreed to by the parties. 166.19 (d) The contract language or subsequent amendments to 166.20 contracts between the parties must contain a provision for 166.21 resolving disputes. 166.22 [EFFECTIVE DATE.] This section is effective the day 166.23 following final enactment. 166.24 Sec. 8. Minnesota Statutes 2004, section 403.05, 166.25 subdivision 1, is amended to read: 166.26 Subdivision 1. [OPERATE AND MAINTAIN.] Each county or any 166.27 other governmental agency shall operate and maintain its 911 166.28 system to meet the requirements of governmental agencies whose 166.29 services are available through the 911 system and to permit 166.30 future expansion or enhancement of the system. Each county or 166.31 any other governmental agencyshall ensurethat has jurisdiction 166.32 over a wire-line 911 emergency call also has primary 166.33 jurisdiction over a 911 emergency call made with a wireless 166.34 access deviceis automatically connected to and answered by the166.35appropriate public safety answering point. 166.36 [EFFECTIVE DATE.] This section is effective the day 167.1 following final enactment. 167.2 Sec. 9. Minnesota Statutes 2004, section 403.05, 167.3 subdivision 3, is amended to read: 167.4 Subd. 3. [AGREEMENTS FOR SERVICE.] Each county and any 167.5 other governmental agency shall contract with the state and 167.6 wire-line telecommunications service providers or other entities 167.7 determined by the commissioner to be capable of providing 167.8 effective and efficient components of the 911 system for the 167.9 recurring and nonrecurring costs associated with operating and 167.10 maintaining 911 emergency communications systems. 167.11 [EFFECTIVE DATE.] This section is effective the day 167.12 following final enactment. 167.13 Sec. 10. Minnesota Statutes 2004, section 403.07, 167.14 subdivision 3, is amended to read: 167.15 Subd. 3. [DATABASE.] In 911 systems that have been 167.16 approved by the commissioner for a local location identification 167.17 database, each wire-line telecommunications service provider 167.18 shall provide current customer names, service addresses, and 167.19 telephone numbers to each public safety answering point within 167.20 the 911 system and shall update the information according to a 167.21 schedule prescribed by the county 911 plan. Information 167.22 provided under this subdivision must be provided in accordance 167.23 with the transactional record disclosure requirements of the 167.24 federalElectronicCommunicationsPrivacyAct of19861932, 167.25 United States Code, title1847, section2703222, 167.26 subsection(c), paragraph (1), subparagraph (B)(iv)(g). 167.27 [EFFECTIVE DATE.] This section is effective the day 167.28 following final enactment. 167.29 Sec. 11. Minnesota Statutes 2004, section 403.08, 167.30 subdivision 10, is amended to read: 167.31 Subd. 10. [PLAN INTEGRATION.] Counties shall incorporate 167.32 the statewide design when modifying county 911 plans to provide 167.33 for integrating wireless 911 service into existing county 911 167.34 systems. The commissioner shall contract with the involved 167.35 wireless service providers and 911 emergency telecommunications 167.36 service providers to integrate cellular and other wireless 168.1 services into existing 911 systems where feasible. 168.2 [EFFECTIVE DATE.] This section is effective the day 168.3 following final enactment. 168.4 Sec. 12. Minnesota Statutes 2004, section 403.11, 168.5 subdivision 1, is amended to read: 168.6 Subdivision 1. [EMERGENCY TELECOMMUNICATIONS SERVICE FEE; 168.7 ACCOUNT.] (a) Each customer of a wireless or wire-line switched 168.8 or packet-based telecommunications service provider connected to 168.9 the public switched telephone network that furnishes service 168.10 capable of originating a 911 emergency telephone call is 168.11 assessed a fee based upon the number of wired or wireless 168.12 telephone lines, or their equivalent, to cover the costs of 168.13 ongoing maintenance and related improvements for trunking and 168.14 central office switching equipment for 911 emergency 168.15 telecommunications service, plus administrative and staffing 168.16 costs of the commissioner related to managing the 911 emergency 168.17 telecommunications service program. Recurring charges by a 168.18 wire-line telecommunications service provider for updating the 168.19 information required by section 403.07, subdivision 3, must be 168.20 paid by the commissioner if the wire-line telecommunications 168.21 service provider is included in an approved 911 plan and the 168.22 charges are made pursuant to tariff, price list, or contract. 168.23 The fee assessed under this section must also be used for the 168.24 purpose of offsetting the costs, including administrative and 168.25 staffing costs, incurred by the State Patrol Division of the 168.26 Department of Public Safety in handling 911 emergency calls made 168.27 from wireless phones. 168.28 (b) Money remaining in the 911 emergency telecommunications 168.29 service account after all other obligations are paid must not 168.30 cancel and is carried forward to subsequent years and may be 168.31 appropriated from time to time to the commissioner to provide 168.32 financial assistance to counties for the improvement of local 168.33 emergency telecommunications services. The improvements may 168.34 include providing access to 911 service for telecommunications 168.35 service subscribers currently without access and upgrading 168.36 existing 911 service to include automatic number identification, 169.1 local location identification, automatic location 169.2 identification, and other improvements specified in revised 169.3 county 911 plans approved by the commissioner. 169.4 (c) Until June 30, 2006, the fee may not be less than eight 169.5 cents nor more than4065 cents a month for each customer access 169.6 line or other basic access service, including trunk equivalents 169.7 as designated by the Public Utilities Commission for access 169.8 charge purposes and including wireless telecommunications 169.9 services. Effective July 1, 2006, the fee may not be less than 169.10 eight cents nor more than 50 cents a month for each customer 169.11 access line or other basic access service, including trunk 169.12 equivalents as designated by the commission for access charge 169.13 purposes and including wireless telecommunications services. 169.14 With the approval of the commissioner of finance, the 169.15 commissioner of public safety shall establish the amount of the 169.16 fee within the limits specified and inform the companies and 169.17 carriers of the amount to becollectedsubmitted. When the 169.18 revenue bonds authorized under section 403.27, subdivision 1, 169.19 have been fully paid or defeased, the commissioner shall reduce 169.20 the fee to reflect that debt service on the bonds is no longer 169.21 needed. The commissioner shall provide companies and carriers a 169.22 minimum of 45 days' notice of each fee change. The fee must be 169.23 the same for all customers. 169.24 (d) The fee must becollectedsubmitted by each wireless or 169.25 wire-line telecommunications service provider subject to the 169.26 fee. Fees are payable to and must be submitted to the 169.27 commissioner monthly before the 25th of each month following the 169.28 monthof collectioncounted, except that fees may be submitted 169.29 quarterly if less than $250 a month is due, or annually if less 169.30 than $25 a month is due. Receipts must be deposited in the 169.31 state treasury and credited to a 911 emergency 169.32 telecommunications service account in the special revenue fund. 169.33 The money in the account may only be used for 911 169.34 telecommunications services. 169.35 (e) This subdivision does not apply to customers of 169.36 interexchange carriers. 170.1 (f) The installation and recurring charges for integrating 170.2 wireless 911 calls into enhanced 911 systems must be paid by the 170.3 commissioner if the 911 service provider is included in the 170.4 statewide design plan and the charges are made pursuant to 170.5 tariff, price list, or contract. 170.6 [EFFECTIVE DATE.] This section is effective July 1, 2005. 170.7 Sec. 13. Minnesota Statutes 2004, section 403.11, 170.8 subdivision 3, is amended to read: 170.9 Subd. 3. [METHOD OF PAYMENT.] (a) Any wireless or 170.10 wire-line telecommunications service provider incurring 170.11 reimbursable costs under subdivision 1 shall submit an invoice 170.12 itemizing rate elements by county or service area to the 170.13 commissioner for 911 services furnished under tariff, price 170.14 list, or contract. Any wireless or wire-line telecommunications 170.15 service provider is eligible to receive payment for 911 services 170.16 rendered according to the terms and conditions specified in the 170.17 contract. Competitive local exchange carriers holding 170.18 certificates of authority from the Public Utilities Commission 170.19 are eligible to receive payment for recurring 911 services 170.20 provided after July 1, 2001. The commissioner shall pay the 170.21 invoice within 30 days following receipt of the invoice unless 170.22 the commissioner notifies the service provider that the 170.23 commissioner disputes the invoice. 170.24 (b) The commissioner shall estimate the amount required to 170.25 reimburse 911 emergency telecommunications service providers and 170.26 wireless and wire-line telecommunications service providers for 170.27 the state's obligations under subdivision 1 and the governor 170.28 shall include the estimated amount in the biennial budget 170.29 request. 170.30 [EFFECTIVE DATE.] This section is effective July 1, 2005. 170.31 Sec. 14. Minnesota Statutes 2004, section 403.11, 170.32 subdivision 3a, is amended to read: 170.33 Subd. 3a. [TIMELY CERTIFICATION.] A certification must be 170.34 submitted to the commissioner no later thantwo yearsone year 170.35 after commencing a new or additional eligible 911 service. Any 170.36 wireless or wire-line telecommunications service provider 171.1 incurring reimbursable costs under this section at any time 171.2 before January 1, 2003, may certify those costs for payment to 171.3 the commissioner according to this section for a period of 90 171.4 days after January 1, 2003. During this period, the 171.5 commissioner shall reimburse any wireless or wire-line 171.6 telecommunications service provider for approved, certified 171.7 costs without regard to any contrary provision of this 171.8 subdivision. 171.9 [EFFECTIVE DATE.] This section is effective the day 171.10 following final enactment and applies to contracts entered into 171.11 on or after that date. 171.12 Sec. 15. Minnesota Statutes 2004, section 403.113, 171.13 subdivision 1, is amended to read: 171.14 Subdivision 1. [FEE.] (a) Each customer receiving service 171.15 from a wireless or wire-line switched or packet-based 171.16 telecommunications service provider connected to the public 171.17 telephone network that furnishes service capable of originating 171.18 a 911 emergency telephone call is assessed a fee to fund 171.19 implementation, operation, maintenance, enhancement, and 171.20 expansion of enhanced 911 service, including acquisition of 171.21 necessary equipment and the costs of the commissioner 171.22 to administer the program. The actual fee assessed under 171.23 section 403.11 and the enhanced 911 service fee must 171.24 becollectedsubmitted as one amount and may not exceed the 171.25 amount specified in section 403.11, subdivision 1, paragraph (c). 171.26 (b) The enhanced 911 service fee must be collected and 171.27 deposited in the same manner as the fee in section 403.11 and 171.28 used solely for the purposes of paragraph (a) and subdivision 3. 171.29 (c) The commissioner, in consultation with counties and 911 171.30 system users, shall determine the amount of the enhanced 911 171.31 service fee. The fee must include at least ten cents per month 171.32 to be distributed under subdivision 2. The commissioner shall 171.33 inform wireless and wire-line telecommunications service 171.34 providers that provide service capable of originating a 911 171.35 emergency telephone call of the total amount of the 911 service 171.36 fees in the same manner as provided in section 403.11. 172.1 [EFFECTIVE DATE.] This section is effective July 1, 2005. 172.2 Sec. 16. Minnesota Statutes 2004, section 403.27, is 172.3 amended by adding a subdivision to read: 172.4 Subd. 1a. [AUTHORIZATION; THIRD PHASE.] The commissioner 172.5 of finance, if requested by a vote of at least two-thirds of all 172.6 of the members of the Statewide Radio Board, may authorize the 172.7 issuance of revenue bonds or other debt instrument for any of 172.8 the following purposes to: 172.9 (1) provide funds for the elements of the third phase of 172.10 the statewide public safety radio communication system that the 172.11 board determines are of regional or statewide benefit and 172.12 support mutual aid and emergency medical services communication 172.13 including, but not limited to, costs of master controllers of 172.14 the backbone; 172.15 (2) provide funds for the third phase of the public safety 172.16 radio communication system; and 172.17 (3) refund bonds issued under this section. 172.18 [EFFECTIVE DATE.] This section is effective July 1, 2005. 172.19 Sec. 17. Minnesota Statutes 2004, section 403.27, 172.20 subdivision 3, is amended to read: 172.21 Subd. 3. [LIMITATIONS.] (a) The principal amount of the 172.22 bonds issued pursuant to subdivision 1, exclusive of any 172.23 original issue discount, shall not exceed the amount of 172.24 $10,000,000 plus the amount the council determines necessary to 172.25 pay the costs of issuance, fund reserves, debt service, and pay 172.26 for any bond insurance or other credit enhancement. 172.27 (b) In addition to the amount authorized under paragraph 172.28 (a), the council may issue bonds under subdivision 1 in a 172.29 principal amount of $3,306,300, plus the amount the council 172.30 determines necessary to pay the cost of issuance, fund reserves, 172.31 debt service, and any bond insurance or other credit 172.32 enhancement. The proceeds of bonds issued under this paragraph 172.33 may not be used to finance portable or subscriber radio sets. 172.34 (c)In addition to the amount authorized under paragraphs172.35(a) and (b), the council may issue bonds under subdivision 1 in172.36a principal amount of $18,000,000, plus the amount the council173.1determines necessary to pay the costs of issuance, fund173.2reserves, debt service, and any bond insurance or other credit173.3enhancement. The proceeds of bonds issued under this paragraph173.4must be used to pay up to 50 percent of the cost to a local173.5government unit of building a subsystem and may not be used to173.6finance portable or subscriber radio sets. The bond proceeds173.7may be used to make improvements to an existing 800 MHz radio173.8system that will interoperate with the regionwide public safety173.9radio communication system, provided that the improvements173.10conform to the board's plan and technical standards. The173.11council must time the sale and issuance of the bonds so that the173.12debt service on the bonds can be covered by the additional173.13revenue that will become available in the fiscal year ending173.14June 30, 2005, generated under section 403.11 and appropriated173.15under section 403.30.173.16(d) In addition to the amount authorized under paragraphs173.17(a) to (c),Thecouncilcommissioner of finance may issue bonds 173.18 or other debt instrument under subdivision11a in a principal 173.19 amount of up to$27,000,000$45,000,000, plus the amount the 173.20councilcommissioner of finance determines necessary to pay the 173.21 costs of issuance, fund reserves, debt service, and any bond 173.22 insurance or other credit enhancement. The proceeds of bonds 173.23 issued under this paragraph are appropriated to the commissioner 173.24 of public safety for phase three of the public safety radio 173.25 communication system.In anticipation of the receipt by the173.26commissioner of public safety of the bond proceeds, the173.27Metropolitan Radio Board may advance money from its operating173.28appropriation to the commissioner of public safety to pay for173.29design and preliminary engineering for phase three. The173.30commissioner of public safety must return these amounts to the173.31Metropolitan Radio Board when the bond proceeds are received.173.32 [EFFECTIVE DATE.] This section is effective July 1, 2005. 173.33 Sec. 18. Minnesota Statutes 2004, section 403.27, 173.34 subdivision 4, is amended to read: 173.35 Subd. 4. [SECURITY.] The bonds issued under subdivision 1 173.36 may be secured by a bond resolution or a trust indenture entered 174.1 into by the council with a corporate trustee within or outside 174.2 the state which shall define the fee pledged for the payment and 174.3 security of the bonds and for payment of all necessary and 174.4 reasonable debt service expenses until all the bonds referred to 174.5 in subdivision 1 are fully paid or discharged in accordance with 174.6 law. The pledge shall be a valid charge on the emergency 174.7 telephone service fee provided in chapter 403. No mortgage of 174.8 or security interest in any tangible real or personal property 174.9 shall be granted to the bondholders or the trustee, but they 174.10 shall have a valid security interest in the revenues and bond 174.11 proceeds received by the council and pledged to the payment of 174.12 the bonds as against the claims of all persons in tort, 174.13 contract, or otherwise, irrespective of whether the parties have 174.14 notice and without possession or filing as provided in the 174.15 Uniform Commercial Code, or any other law, subject however to 174.16 the rights of the holders of any general obligation bonds issued 174.17 under section 403.32. In the bond resolution or trust 174.18 indenture, the council may make covenants as it determines to be 174.19 reasonable for the protection of the bondholders. 174.20 Neither the council, nor any council member, officer, 174.21 employee, or agent of the council, nor any person executing the 174.22 bonds shall be liable personally on the bonds by reason of their 174.23 issuance. The bonds are not payable from, and are not a charge 174.24 upon, any funds other than the revenues and bond proceeds 174.25 pledged to their payment. The council is not subject to any 174.26 liability on the bonds and has no power to obligate itself to 174.27 pay or to pay the bonds from funds other than the revenues and 174.28 bond proceeds pledged. No holder of bonds has the right to 174.29 compel any exercise of the taxing power of the council, except 174.30 any deficiency tax levy the council covenants to certify under 174.31 section 403.31, or any other public body, to the payment of 174.32 principal of or interest on the bonds. No holder of bonds has 174.33 the right to enforce payment of principal or interest against 174.34 any property of the council or other public body other than that 174.35 expressly pledged for the payment of the bonds. 174.36 [EFFECTIVE DATE.] This section is effective July 1, 2005. 175.1 Sec. 19. Minnesota Statutes 2004, section 403.27, is 175.2 amended by adding a subdivision to read: 175.3 Subd. 5. [SECURITY.] The bonds or other debt instrument 175.4 issued under subdivision 1a may be secured by a bond resolution 175.5 or a trust indenture entered into by the commissioner of finance 175.6 with a corporate trustee within or outside the state which shall 175.7 define the fee pledged for the payment and security of the bonds 175.8 or other debt instrument and for payment of all necessary and 175.9 reasonable debt service expenses until all the bonds or other 175.10 debt instruments referred to in subdivision 1a are fully paid or 175.11 discharged in accordance with law. The pledge shall be a valid 175.12 charge on the emergency telephone service fee provided in this 175.13 chapter. The bonds or other debt instrument shall have a valid 175.14 security interest in the revenues and proceeds received by the 175.15 commissioner of finance and pledged to the payment of the bonds 175.16 or other debt instrument as against the claims of all persons in 175.17 tort, contract, or otherwise, irrespective of whether the 175.18 parties have notice and without possession or filing as provided 175.19 in the Uniform Commercial Code, or any other law. In the bond 175.20 resolution or trust indenture, the commissioner of finance may 175.21 make covenants as may be reasonable for the protection of the 175.22 bondholders or other creditor. 175.23 The bonds or other debt instrument are not payable from, 175.24 and are not a charge upon, any funds other than the revenues and 175.25 bond or other debt instrument proceeds pledged to their 175.26 payment. The state of Minnesota is not subject to any liability 175.27 on the bonds and the commissioner of finance has no power to 175.28 obligate the state of Minnesota to pay or to pay the bonds or 175.29 other debt instruments from funds other than the revenues and 175.30 debt instrument proceeds pledged. No holder of bonds has the 175.31 right to compel any exercise of the taxing power of the state of 175.32 Minnesota, except any deficiency tax levy the commissioner is 175.33 authorized to certify under section 403.31, or any other public 175.34 body, to the payment of principal of or interest on the bonds or 175.35 other debt instrument. No holder of bonds has the right to 175.36 enforce payment of principal or interest against any property of 176.1 the state of Minnesota or other public body other than that 176.2 expressly pledged for the payment of the bonds or other debt 176.3 instrument. 176.4 [EFFECTIVE DATE.] This section is effective July 1, 2005. 176.5 Sec. 20. Minnesota Statutes 2004, section 403.30, 176.6 subdivision 1, is amended to read: 176.7 Subdivision 1. [STANDING APPROPRIATION; COSTS COVERED.] 176.8 For each fiscal year beginning with the fiscal year commencing 176.9 July 1, 1997, the amount necessary to pay the following costs is 176.10 appropriated to the commissioner of public safety from the 911 176.11 emergency telecommunications service account established under 176.12 section 403.11: 176.13 (1) debt service costs and reserves for bonds issued 176.14 pursuant to section 403.27, subdivision 1; and 176.15 (2)repayment of the right-of-way acquisition loans;176.16(3) costs of design, construction, maintenance of, and176.17improvements to those elements of the first, second, and third176.18phases that support mutual aid communications and emergency176.19medical services;176.20(4) recurring charges for leased sites and equipment for176.21those elements of the first, second, and third phases that176.22support mutual aid and emergency medical communication services;176.23or176.24(5) aid to local units of government for sites and176.25equipment in support of mutual aid and emergency medical176.26communications servicescost authorized under subdivision 1a. 176.27 This appropriation shall be used to pay annual debt service 176.28 costs and reserves for bonds issued pursuant to section 403.27, 176.29 subdivision 1, prior to use of fee money to pay other costs 176.30 eligible under this subdivision. In no event shall the 176.31 appropriation for each fiscal year exceed an amount equal to 176.32 four cents a month for each customer access line or other basic 176.33 access service, including trunk equivalents as designated by the 176.34 Public Utilities Commission for access charge purposes and 176.35 including cellular and other nonwire access services, in the 176.36 fiscal year.Beginning July 1, 2004, this amount will increase177.1to 13 cents a month.177.2 [EFFECTIVE DATE.] This section is effective July 1, 2005. 177.3 Sec. 21. Minnesota Statutes 2004, section 403.30, is 177.4 amended by adding a subdivision to read: 177.5 Subd. 1a. [STANDING APPROPRIATION; COSTS COVERED.] (a) For 177.6 each fiscal year beginning with the fiscal year commencing July 177.7 1, 2005, the amount necessary to pay the following costs is 177.8 appropriated to the commissioner of public safety from the 911 177.9 emergency telecommunications service account established under 177.10 section 403.11: 177.11 (1) debt service costs and reserves for bonds or other debt 177.12 instrument issued pursuant to section 403.27, subdivision 1a; 177.13 (2) repayment of the right-of-way acquisition loans; 177.14 (3) costs of design, construction, maintenance of, and 177.15 improvements to those elements of the system backbone that 177.16 support mutual aid communications and emergency medical 177.17 services; and 177.18 (4) recurring charges for leased sites and equipment for 177.19 those elements of the system backbone that support mutual aid 177.20 and emergency medical communication services. 177.21 (b) The appropriation in paragraph (a) shall be used to pay 177.22 annual debt service costs and reserves for bonds issued pursuant 177.23 to section 403.27, subdivision 1a, prior to use of fee money to 177.24 pay other costs eligible under this subdivision. In no event 177.25 shall the appropriation for each fiscal year exceed an amount 177.26 equal to nine cents a month for each customer access line or 177.27 other basic access service, including trunk equivalents as 177.28 designated by the Public Utilities Commission for access charge 177.29 purposes and cellular and other nonwire access services in the 177.30 fiscal year, plus any excess amounts made available to the 177.31 commissioner under subdivision 1, clause (2). 177.32 [EFFECTIVE DATE.] This section is effective July 1, 2005. 177.33 Sec. 22. Minnesota Statutes 2004, section 403.30, 177.34 subdivision 3, is amended to read: 177.35 Subd. 3. [MONTHLYAPPROPRIATION TRANSFERS.]Each month,177.36before the 25th day of the month,The commissioner shall 178.1 transmit to the Metropolitan Council1/12 of its totalfrom the 178.2 approved appropriationfor the regionwide public safety178.3communication systemof funds provided for in section 403.30, 178.4 subdivision 1, the amount necessary to meet debt service costs 178.5 and reserves for bonds issued by the Metropolitan Council 178.6 pursuant to section 403.27, subdivision 1. 178.7 [EFFECTIVE DATE.] This section is effective July 1, 2005. 178.8 Sec. 23. Minnesota Statutes 2004, section 403.30, is 178.9 amended by adding a subdivision to read: 178.10 Subd. 3a. [APPROPRIATION TRANSFERS.] The commissioner 178.11 shall transmit to the commissioner of finance from the approved 178.12 appropriation of funds provided for in section 403.30, 178.13 subdivision 1a, the amount necessary to meet debt service costs 178.14 and reserves for bonds or other debt instrument issued by the 178.15 commissioner of finance pursuant to section 403.27, subdivision 178.16 1a. 178.17 [EFFECTIVE DATE.] This section is effective July 1, 2005. 178.18 Sec. 24. Laws 2004, chapter 201, section 22, is amended to 178.19 read: 178.20 Sec. 22. [TRANSFER OF RESPONSIBILITIES.] 178.21 On July 1,20062005, the responsibilities of the 178.22 Metropolitan Radio Board under Minnesota Statutes, sections 178.23 403.21 to 403.34, that have not been assumed by the Metropolitan 178.24 Radio Board as a regional radio board established under 178.25 Minnesota Statutes, section 403.39, are transferred to the 178.26 Statewide Radio Board under Minnesota Statutes, section 15.039. 178.27 Contracts and obligations transferred to the Statewide Radio 178.28 Board under this provision may be assigned to the commissioner 178.29 of public safety or the commissioner of transportation to be 178.30 administered consistent with Minnesota Statutes, section 403.36, 178.31 and the statewide, shared public safety radio and communication 178.32 plan provided for therein. 178.33 [EFFECTIVE DATE.] This section is effective July 1, 2005. 178.34 Sec. 25. [REPEALER.] 178.35 Minnesota Statutes 2004, sections 403.025, subdivision 4; 178.36 and 403.30, subdivision 2, are repealed. 179.1 [EFFECTIVE DATE.] This section is effective July 1, 2005. 179.2 ARTICLE 11 179.3 LAW ENFORCEMENT POLICY 179.4 Section 1. Minnesota Statutes 2004, section 299A.38, 179.5 subdivision 2, is amended to read: 179.6 Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers 179.7 and heads of local law enforcement agencies who buy vests for 179.8 the use of peace officer employees may apply to the commissioner 179.9 for reimbursement of funds spent to buy vests. On approving an 179.10 application for reimbursement, the commissioner shall pay the 179.11 applicant an amount equal to the lesser of one-half of the 179.12 vest's purchase price or$300$600, as adjusted according to 179.13 subdivision 2a. The political subdivision that employs the 179.14 peace officer shall pay at least the lesser of one-half of the 179.15 vest's purchase price or$300$600, as adjusted according to 179.16 subdivision 2a. The political subdivision may not deduct or pay 179.17 its share of the vest's cost from any clothing, maintenance, or 179.18 similar allowance otherwise provided to the peace officer by the 179.19 law enforcement agency. 179.20 [EFFECTIVE DATE.] This section is effective the day 179.21 following final enactment. 179.22 Sec. 2. Minnesota Statutes 2004, section 299A.38, 179.23 subdivision 2a, is amended to read: 179.24 Subd. 2a. [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 179.25 1,19972006, the commissioner of public safety shall adjust 179.26 the$300$600 reimbursement amounts specified in subdivision 2, 179.27 and in each subsequent year, on October 1, the commissioner 179.28 shall adjust the reimbursement amount applicable immediately 179.29 preceding that October 1 date. The adjusted rate must reflect 179.30 the annual percentage change in the Consumer Price Index for all 179.31 urban consumers, published by the federal Bureau of Labor 179.32 Statistics, occurring in the one-year period ending on the 179.33 preceding June 1. 179.34 [EFFECTIVE DATE.] This section is effective the day 179.35 following final enactment. 179.36 Sec. 3. Minnesota Statutes 2004, section 299A.38, 180.1 subdivision 3, is amended to read: 180.2 Subd. 3. [ELIGIBILITY REQUIREMENTS.] (a) Only vests that 180.3 either meet or exceed the requirements of standard 0101.03 of 180.4 the National Institute of Justice or that meet or exceed the 180.5 requirements of that standard, except wet armor conditioning, 180.6 are eligible for reimbursement. 180.7 (b) Eligibility for reimbursement is limited to vests 180.8 bought after December 31, 1986, by or for peace officers (1) who 180.9 did not own a vest meeting the requirements of paragraph (a) 180.10 before the purchase, or (2) who owned a vest that was at least 180.11sixfive years old. 180.12 (c) The requirement set forth in paragraph (b), clauses (1) 180.13 and (2), shall not apply to any peace officer who purchases a 180.14 vest constructed from a zylon-based material, provided that the 180.15 peace officer provides proof of purchase or possession of the 180.16 vest prior to July 1, 2005. 180.17 [EFFECTIVE DATE.] This section is effective the day 180.18 following final enactment. 180.19 Sec. 4. [299A.641] [GANG AND DRUG OVERSIGHT COUNCIL.] 180.20 Subdivision 1. [OVERSIGHT COUNCIL ESTABLISHED.] The Gang 180.21 and Drug Oversight Council is established to provide guidance 180.22 related to the investigation and prosecution of gang and drug 180.23 crime. 180.24 Subd. 2. [MEMBERSHIP.] The oversight council shall consist 180.25 of the following individuals or their designees: 180.26 (1) the director of the office of special investigations, 180.27 as the representative of the commissioner of corrections; 180.28 (2) the superintendent of the Bureau of Criminal 180.29 Apprehension as the representative of the commissioner of public 180.30 safety; 180.31 (3) the attorney general; 180.32 (4) eight chiefs of police, selected by the Minnesota 180.33 Chiefs of Police Association, two of which must be selected from 180.34 cities with populations greater than 200,000; 180.35 (5) eight sheriffs, selected by the Minnesota Sheriffs 180.36 Association to represent each district, two of which must be 181.1 selected from counties with populations greater than 500,000; 181.2 (6) the United States attorney for the district of 181.3 Minnesota; 181.4 (7) two county attorneys, selected by the Minnesota County 181.5 Attorneys Association; 181.6 (8) a command-level representative of a gang strike force; 181.7 (9) a representative from a drug task force, selected by 181.8 the Minnesota State Association of Narcotics Investigators; 181.9 (10) a representative from the United States Drug 181.10 Enforcement Administration; 181.11 (11) a representative from the United States Bureau of 181.12 Alcohol, Tobacco, and Firearms; 181.13 (12) a representative from the Federal Bureau of 181.14 Investigation; 181.15 (13) a tribal peace officer, selected by the Minnesota 181.16 Tribal Law Enforcement Association; and 181.17 (14) two additional members who may be selected by the 181.18 oversight council. 181.19 The oversight council may adopt procedures to govern its conduct 181.20 as necessary and may select a chair from among its members. 181.21 Subd. 3. [OVERSIGHT COUNCIL'S DUTIES.] The oversight 181.22 council shall develop an overall strategy to ameliorate the harm 181.23 caused to the public by gang and drug crime within the state of 181.24 Minnesota. This strategy may include the development of 181.25 protocols and procedures to investigate gang and drug crime and 181.26 a structure for best addressing these issues in a 181.27 multijurisdictional manner. Additionally, the oversight council 181.28 shall: 181.29 (1) identify and recommend a candidate or candidates for 181.30 statewide coordinator to the commissioner of public safety; 181.31 (2) establish multijurisdictional task forces and strike 181.32 forces to combat gang and drug crime, to include a metro gang 181.33 strike force; 181.34 (3) assist the Department of Public Safety in developing an 181.35 objective grant review application process that is free from 181.36 conflicts of interest; 182.1 (4) make funding recommendations to the commissioner of 182.2 public safety on grants to support efforts to combat gang and 182.3 drug crime; 182.4 (5) assist in developing a process to collect and share 182.5 information to improve the investigation and prosecution of drug 182.6 offenses; 182.7 (6) develop and approve an operational budget for the 182.8 office of the statewide coordinator and the oversight council; 182.9 and 182.10 (7) adopt criteria and identifying characteristics for use 182.11 in determining whether individuals are or may be members of 182.12 gangs involved in criminal activity. 182.13 Subd. 4. [STATEWIDE COORDINATOR.] The current gang strike 182.14 force commander shall serve as a transition coordinator until 182.15 July 1, 2006, at which time the commissioner of public safety 182.16 shall appoint a statewide coordinator as recommended by the 182.17 oversight council. The coordinator serving in the unclassified 182.18 service shall: 182.19 (1) coordinate and monitor all multijurisdictional gang and 182.20 drug enforcement activities; 182.21 (2) facilitate local efforts and ensure statewide 182.22 coordination with efforts to combat gang and drug crime; 182.23 (3) facilitate training for personnel; 182.24 (4) monitor compliance with investigative protocols; and 182.25 (5) implement an outcome evaluation and data quality 182.26 control process. 182.27 Subd. 5. [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 182.28 participating law enforcement officers must be licensed peace 182.29 officers as defined in section 626.84, subdivision 1, or 182.30 qualified federal law enforcement officers as defined in section 182.31 626.8453. Participating officers remain employees of the same 182.32 entity that employed them before joining any multijurisdictional 182.33 entity established under this section. Participating officers 182.34 are not employees of the state. 182.35 Subd. 6. [JURISDICTION AND POWERS.] Law enforcement 182.36 officers participating in any multijurisdictional entity 183.1 established under this section have statewide jurisdiction to 183.2 conduct criminal investigations and have the same powers of 183.3 arrest as those possessed by a sheriff. 183.4 Subd. 7. [GRANTS AUTHORIZED.] The commissioner of public 183.5 safety, upon recommendation of the council, may make grants to 183.6 state and local units of government to combat gang and drug 183.7 crime. 183.8 Subd. 8. [OVERSIGHT COUNCIL IS PERMANENT.] Notwithstanding 183.9 section 15.059, this section does not expire. 183.10 Subd. 9. [FUNDING.] Participating agencies may accept 183.11 lawful grants or contributions from any federal source or legal 183.12 business or entity. 183.13 Subd. 10. [ROLE OF THE ATTORNEY GENERAL.] The attorney 183.14 general or a designee shall generally advise on any matters that 183.15 the oversight council deems appropriate. 183.16 Subd. 11. [ATTORNEY GENERAL; COMMUNITY LIAISON.] (a) The 183.17 attorney general or a designee shall serve as a liaison between 183.18 the oversight council and the councils created in sections 183.19 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or 183.20 designee will be responsible for: 183.21 (1) informing the councils of the plans, activities, and 183.22 decisions and hearing their reactions to those plans, 183.23 activities, and decisions; and 183.24 (2) providing the oversight council with the councils' 183.25 position on the oversight council's plan, activities, and 183.26 decisions. 183.27 (b) In no event is the oversight council required to 183.28 disclose the names of individuals identified by it to the 183.29 councils referenced in this subdivision. 183.30 (c) Nothing in this subdivision changes the data 183.31 classification of any data held by the oversight council. 183.32 [EFFECTIVE DATE.] This section is effective July 1, 2005. 183.33 Sec. 5. [299A.681] [MINNESOTA FINANCIAL CRIMES OVERSIGHT 183.34 COUNCIL.] 183.35 Subdivision 1. [OVERSIGHT COUNCIL ESTABLISHED.] The 183.36 Minnesota Financial Crimes Oversight Council is established to 184.1 provide guidance related to the investigation and prosecution of 184.2 identity theft and financial crime. 184.3 Subd. 2. [MEMBERSHIP.] The council shall consist of the 184.4 following individuals or their designees: 184.5 (1) the commissioner of public safety; 184.6 (2) the attorney general; 184.7 (3) two chiefs of police, selected by the Minnesota Chiefs 184.8 of Police Association from police departments which participate 184.9 in the Minnesota Financial Crimes Task Force; 184.10 (4) two sheriffs, selected by the Minnesota Sheriffs 184.11 Association from sheriff departments which participate in the 184.12 Minnesota Financial Crimes Task Force; 184.13 (5) the United States attorney for the district of 184.14 Minnesota; 184.15 (6) one county attorney, selected by the Minnesota County 184.16 Attorneys Association; 184.17 (7) a representative from the United States Postal 184.18 Inspector's Office; 184.19 (8) a representative from a not-for-profit retail merchants 184.20 industry; 184.21 (9) a representative from a not-for-profit banking and 184.22 credit union industry; 184.23 (10) a representative from a not-for-profit association 184.24 representing senior citizens; 184.25 (11) the statewide commander described in subdivision 4; 184.26 (12) a representative from the Board of Public Defense; and 184.27 (13) two additional members who shall be selected by the 184.28 council. 184.29 The council may adopt procedures to govern its conduct as 184.30 necessary and shall select a chair from among its members. 184.31 Subd. 3. [DUTIES.] The council shall develop an overall 184.32 strategy to ameliorate the harm caused to the public by identity 184.33 theft and financial crime within the state of Minnesota. This 184.34 strategy may include the development of protocols and procedures 184.35 to investigate financial crimes and a structure for best 184.36 addressing these issues in a multijurisdictional manner. 185.1 Additionally, the council shall: 185.2 (1) establish a multijurisdictional statewide Minnesota 185.3 Financial Crimes Task Force to investigate major financial 185.4 crimes; 185.5 (2) choose a statewide commander who shall serve at the 185.6 pleasure of the council; 185.7 (3) assist the Department of Public Safety in developing an 185.8 objective grant application and review process that is free from 185.9 conflicts of interest; 185.10 (4) make funding recommendations to the commissioner of 185.11 public safety on grants to support efforts to combat identity 185.12 theft and financial crime; 185.13 (5) assist in developing a process to collect and share 185.14 information to improve the investigation and prosecution of 185.15 identity theft and financial crime; 185.16 (6) develop and approve an operational budget for the 185.17 office of the statewide commander and the council; 185.18 (7) establish fiscal procedures with the Department of 185.19 Public Safety on funding disbursements and allocation procedures 185.20 for approved council and task force operations and grants which 185.21 are funded under assessment fees collected in subdivision 9; and 185.22 (8) enter into such contracts as necessary to establish and 185.23 maintain a relationship with the retailers, financial 185.24 institutions, and other businesses to deal effectively with 185.25 identity theft and financial crime. 185.26 The task force described in clause (1) may consist of 185.27 members from local law enforcement agencies, federal law 185.28 enforcement agencies, state and federal prosecutor offices, the 185.29 Board of Public Defense, and representatives from elderly 185.30 victims, retail, and financial institutions as described in 185.31 subdivision 2, clauses (8), (9), and (10). 185.32 Subd. 4. [STATEWIDE COMMANDER.] The current task force 185.33 commander serving under section 299A.68 shall transition the 185.34 current task force and remain in place as commander under the 185.35 council until July 1, 2008, at which time the commissioner of 185.36 public safety, upon the recommendation of the council, shall 186.1 appoint a statewide commander as chosen by the council. The 186.2 current commander shall be reappointed. The commander serving 186.3 in the unclassified service shall: 186.4 (1) coordinate and monitor all multijurisdictional identity 186.5 theft and financial crime enforcement activities; 186.6 (2) facilitate local efforts and ensure statewide 186.7 coordination with efforts to combat identity theft and financial 186.8 crime; 186.9 (3) facilitate training for personnel; 186.10 (4) monitor compliance with investigative protocols; 186.11 (5) implement an outcome evaluation and data quality 186.12 control process; 186.13 (6) be responsible for selection and removal for cause of 186.14 assigned task force investigators who are designated 186.15 participants under a memorandum of understanding and/or who 186.16 receive grant funding; 186.17 (7) provide supervision of task force investigators 186.18 assigned; 186.19 (8) submit a task force operational budget to the council 186.20 for approval; and 186.21 (9) submit quarterly task force activity reports to the 186.22 council. 186.23 Subd. 5. [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 186.24 law enforcement officers selected to participate in the 186.25 Minnesota Financial Crimes Task Force must be licensed peace 186.26 officers as defined in section 626.84, subdivision 1, or 186.27 qualified federal law enforcement officers as defined in section 186.28 626.8453. Participating officers remain employees of the same 186.29 entity that employed them before joining any multijurisdictional 186.30 entity established under this section. Participating officers 186.31 are not employees of the state. 186.32 Subd. 6. [JURISDICTION AND POWERS.] Law enforcement 186.33 officers participating in any multijurisdictional entity 186.34 established under this section have statewide jurisdiction to 186.35 conduct criminal investigations and have the same powers of 186.36 arrest as those possessed by a sheriff. The task force shall 187.1 retain the assigned originating reporting number for case 187.2 reporting purposes according to section 299A.68 and transferred 187.3 to this section effective July 1, 2005. 187.4 Subd. 7. [GRANTS AUTHORIZED.] The commissioner of public 187.5 safety, upon recommendation of the council, shall make grants to 187.6 state and local units of government to combat identity theft and 187.7 financial crime. The commander, as funding permits, may prepare 187.8 a budget to establish four regional districts and funding grant 187.9 allocations programs outside the counties of Hennepin, Ramsey, 187.10 Anoka, Washington, and Dakota. The budget shall be reviewed and 187.11 approved by the council and recommended to the commissioner of 187.12 public safety to support these efforts. The council account 187.13 shall be transferred on or before each fiscal accounting 187.14 calendar quarter during each year on a recurring basis to its 187.15 fiscal agent under subdivision 3, clause (7). 187.16 Subd. 8. [VICTIMS' ASSISTANCE PROGRAM.] (a) The council 187.17 may establish a victims' assistance program to assist victims of 187.18 economic crimes and provide prevention and awareness programs. 187.19 The council may retain outside services of not-for-profit 187.20 organizations to assist in the development of delivery systems 187.21 to aid victims of financial crimes. Services to victims shall 187.22 not include any financial assistance to victims, but are limited 187.23 to helping victims obtain police assistance and giving direction 187.24 to victims for protecting personal accounts and identities. 187.25 Services include a victim 1-800 number, facsimile number, Web 187.26 site, telephone service Monday through Friday, e-mail response, 187.27 and interfaces to other helpful Web sites. Information about 187.28 victims gathered by the victim task force assistance program 187.29 shall be covered by the Data Privacy Act under chapter 13. 187.30 (b) The council may post or communicate through public 187.31 service announcements in newspapers, radio, television, cable 187.32 access, billboards, Internet, Web sites, and other normal 187.33 advertising channels a financial reward of up to $2,000 for tips 187.34 leading to the apprehension and successful prosecution of 187.35 individuals committing economic crimes. All rewards must meet 187.36 the Minnesota Financial Crimes Oversight Council standards. The 188.1 release of funds shall be made to an individual whose 188.2 information leads to the apprehension and prosecution of 188.3 offenders committing economic or financial crimes against 188.4 citizens or businesses in the state of Minnesota. All rewards 188.5 paid to an individual shall be reported to the Department of 188.6 Revenue along with the individual's Social Security number. 188.7 Subd. 9. [COUNCIL AND TASK FORCE ARE PERMANENT.] 188.8 Notwithstanding section 15.059, this section does not expire. 188.9 Subd. 10. [FUNDING.] The Minnesota Financial Crimes 188.10 Oversight Council may accept lawful grants and in-kind 188.11 contributions from any federal source or legal business or 188.12 individual not funded by this section for general operation 188.13 support, including personnel costs. These grants or in-kind 188.14 contributions are not to be directed toward the case of a 188.15 particular victim or business. The council fiscal agent shall 188.16 handle all funds approved by the council including in-kind 188.17 contributions. 188.18 Subd. 11. [FORFEITURE.] Property seized by the task force 188.19 established by the council is subject to forfeiture pursuant to 188.20 sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership 188.21 cannot be established. The council shall receive the proceeds 188.22 from the sale of all property that it properly seizes and that 188.23 is forfeited. 188.24 Subd. 12. [TRANSFER EQUIPMENT FROM CURRENT MINNESOTA 188.25 FINANCIAL CRIMES TASK FORCE.] All current equipment shall be 188.26 transferred from the Minnesota Financial Crimes Task Force 188.27 established under section 299A.68 to the Minnesota Financial 188.28 Crimes Oversight Council established under this section for use 188.29 by the Minnesota Financial Crimes Task Force formed under this 188.30 section, effective July 1, 2005. 188.31 [EFFECTIVE DATE.] This section is effective July 1, 2005. 188.32 Sec. 6. [299A.78] [STATEWIDE HUMAN TRAFFICKING 188.33 ASSESSMENT.] 188.34 Subdivision 1. [DEFINITIONS.] For purposes of sections 188.35 299A.78 to 299A.795, the following definitions apply: 188.36 (a) "Commissioner" means the commissioner of the Department 189.1 of Public Safety. 189.2 (b) "Nongovernmental organizations" means nonprofit, 189.3 nongovernmental organizations that provide legal, social, or 189.4 other community services. 189.5 (c) "Blackmail" means a threat to expose any fact or 189.6 alleged fact tending to cause shame or to subject any person to 189.7 hatred, contempt, or ridicule. 189.8 (d) "Debt bondage" means the status or condition of a 189.9 debtor arising from a pledge by the debtor of the debtor's 189.10 personal services or those of a person under the debtor's 189.11 control as a security for debt, if the value of those services 189.12 as reasonably assessed is not applied toward the liquidation of 189.13 the debt or the length and nature of those services are not 189.14 respectively limited and defined. 189.15 (e) "Forced labor or services" means labor or services that 189.16 are performed or provided by another person and are obtained or 189.17 maintained through an actor's: 189.18 (1) threat, either implicit or explicit, scheme, plan, or 189.19 pattern, or other action intended to cause a person to believe 189.20 that, if the person did not perform or provide the labor or 189.21 services, that person or another person would suffer bodily harm 189.22 or physical restraint; 189.23 (2) physically restraining or threatening to physically 189.24 restrain a person; 189.25 (3) abuse or threatened abuse of the legal process; 189.26 (4) knowingly destroying, concealing, removing, 189.27 confiscating, or possessing any actual or purported passport or 189.28 other immigration document, or any other actual or purported 189.29 government identification document, of another person; or 189.30 (5) use of blackmail. 189.31 (f) "Labor trafficking" means the recruitment, 189.32 transportation, transfer, harboring, enticement, provision, 189.33 obtaining, or receipt of a person by any means, whether a United 189.34 States citizen or foreign national, for the purpose of: 189.35 (1) debt bondage or forced labor or services; 189.36 (2) slavery or practices similar to slavery; or 190.1 (3) the removal of organs through the use of coercion or 190.2 intimidation. 190.3 (g) "Labor trafficking victim" means a person subjected to 190.4 the practices in paragraph (f). 190.5 (h) "Sex trafficking" means receiving, recruiting, 190.6 enticing, harboring, providing, or obtaining by any means an 190.7 individual to aid in the prostitution of the individual. 190.8 (i) "Sex trafficking victim" means a person subjected to 190.9 the practices in paragraph (h). 190.10 (j) "Trafficking" includes "labor trafficking" as defined 190.11 in paragraph (f) , and "sex trafficking" as defined in paragraph 190.12 (h). 190.13 (k) "Trafficking victim" includes "labor trafficking 190.14 victim" as defined in paragraph (g), and "sex trafficking 190.15 victim" as defined in paragraph (i). 190.16 Subd. 2. [GENERAL DUTIES.] The commissioner of public 190.17 safety shall: 190.18 (1) in cooperation with local authorities, collect, share, 190.19 and compile trafficking data among government agencies to assess 190.20 the nature and extent of trafficking in Minnesota; 190.21 (2) analyze collected data to develop a plan to address and 190.22 prevent trafficking; and 190.23 (3) use its analyses to establish policies to enable state 190.24 government to work with nongovernmental organizations to provide 190.25 assistance to trafficking victims. 190.26 Subd. 3. [OUTSIDE SERVICES.] As provided for in section 190.27 15.061, the commissioner of public safety may contract with 190.28 professional or technical services in connection with the duties 190.29 to be performed under sections 299A.785 to 299A.795. The 190.30 commissioner may also contract with other outside organizations 190.31 to assist with the duties to be performed under sections 190.32 299A.785 to 299A.795. 190.33 [EFFECTIVE DATE.] This section is effective July 1, 2005. 190.34 Sec. 7. [299A.785] [TRAFFICKING STUDY.] 190.35 Subdivision 1. [INFORMATION TO BE COLLECTED.] The 190.36 commissioner shall elicit the cooperation and assistance of 191.1 government agencies and nongovernmental organizations as 191.2 appropriate to assist in the collection of trafficking data. 191.3 The commissioner shall direct the appropriate authorities in 191.4 each agency and organization to make best efforts to collect 191.5 information relevant to tracking progress on trafficking. The 191.6 information to be collected may include, but is not limited to: 191.7 (1) the numbers of arrests, prosecutions, and successful 191.8 convictions of traffickers and those committing trafficking 191.9 related crimes, including, but not limited to, the following 191.10 offenses: 609.27, coercion; 609.322, solicitation of 191.11 prostitution; 609.324, other prostitution crimes; 609.33, 191.12 disorderly house; 609.352, solicitation of a child; and 617.245 191.13 and 617.246, use of minors in sexual performance; 191.14 (2) statistics on the number of trafficking victims, 191.15 including demographics, method of recruitment, and method of 191.16 discovery; 191.17 (3) trafficking routes and patterns, states or country of 191.18 origin, transit states or countries; 191.19 (4) method of transportation, motor vehicles, aircraft, 191.20 watercraft, or by foot if any transportation took place; and 191.21 (5) social factors that contribute to and foster 191.22 trafficking, especially trafficking of women and children. 191.23 Subd. 2. [REPORT AND ANNUAL PUBLICATION.] (a) By September 191.24 1, 2006, the commissioner of public safety shall report to the 191.25 chairs of the senate and house of representatives committees and 191.26 divisions having jurisdiction over criminal justice policy and 191.27 funding a summary of its findings. This report shall include, 191.28 to the extent possible, the information to be collected in 191.29 subdivision 1 and any other information the commissioner finds 191.30 relevant to the issue of trafficking in Minnesota. 191.31 (b) The commissioner shall gather, compile, and publish 191.32 annually statistical data on the extent and nature of 191.33 trafficking in Minnesota. This annual publication shall be 191.34 available to the public and include, to the extent possible, the 191.35 information to be collected in subdivision 1 and any other 191.36 information the commissioner finds relevant to the issue of 192.1 trafficking in Minnesota. 192.2 [EFFECTIVE DATE.] This section is effective July 1, 2005. 192.3 Sec. 8. [299A.79] [TRAFFICKING ANALYSIS AND INITIATIVES.] 192.4 Subdivision 1. [DATA ANALYSIS.] The commissioner shall 192.5 analyze the data collected in section 299A.785 to develop and 192.6 carry out a plan to address current trafficking and prevent 192.7 future trafficking in Minnesota. The commissioner may evaluate 192.8 various approaches used by other state and local governments to 192.9 address trafficking. The plan shall include, but not be limited 192.10 to, the following initiatives: 192.11 (1) training agencies, organizations, and officials 192.12 involved in law enforcement, prosecution, and social services; 192.13 (2) increasing public awareness of trafficking; and 192.14 (3) establishing procedures to enable the state government 192.15 to work with nongovernmental organizations to prevent 192.16 trafficking. 192.17 Subd. 2. [TRAINING INITIATIVES.] (a) The commissioner 192.18 shall provide and strengthen training for law enforcement, 192.19 prosecutors, social services, and other relevant officials in 192.20 addressing trafficking. The training shall include: 192.21 (1) methods used in identifying trafficking victims, 192.22 including preliminary interview techniques and appropriate 192.23 interrogation methods; 192.24 (2) methods for prosecuting traffickers; 192.25 (3) methods for protecting the rights of trafficking 192.26 victims, taking into account the need to consider human rights 192.27 and special needs of women and children trafficking victims; and 192.28 (4) methods for promoting the safety of trafficking victims. 192.29 (b) Once created and as updated, the commissioner shall 192.30 provide training plans and materials associated with paragraph 192.31 (a) to the Board of Peace Officer Standards and Training. 192.32 Subd. 3. [AWARENESS INITIATIVES.] (a) The commissioner 192.33 shall, in cooperation with appropriate nongovernmental 192.34 organizations, establish public awareness programs designed to 192.35 educate persons at risk of trafficking and their families of the 192.36 risks of victimization. The programs shall include, but not be 193.1 limited to, information on the following subjects: 193.2 (1) the risks of becoming a trafficking victim, including: 193.3 (i) common recruitment techniques, such as use of debt 193.4 bondage, blackmail, forced labor and services, prostitution, and 193.5 other coercive tactics; and 193.6 (ii) the risks of assault, criminal sexual conduct, 193.7 exposure to sexually transmitted diseases, and psychological 193.8 harm; 193.9 (2) crime victims' rights in Minnesota; and 193.10 (3) methods for reporting recruitment activities involved 193.11 in trafficking. 193.12 (b) The commissioner shall, in cooperation with appropriate 193.13 agencies and nongovernmental organizations, disseminate public 193.14 awareness materials to educate the public on the extent of 193.15 trafficking and to discourage the demand that fosters and leads 193.16 to trafficking, in particular trafficking of women and children. 193.17 These materials may include information on: 193.18 (1) the impact of trafficking on victims; 193.19 (2) the aggregate impact of trafficking worldwide and 193.20 domestically; and 193.21 (3) the criminal consequences of trafficking. The 193.22 materials may be disseminated by way of the following media: 193.23 pamphlets, brochures, posters, advertisements in mass media, or 193.24 any other appropriate methods. 193.25 (c) Once created and as updated, the commissioner shall 193.26 provide samples of the materials disseminated under paragraph 193.27 (b) to the Department of Public Safety's office of justice 193.28 program. 193.29 Subd. 4. [ANNUAL EVALUATION.] The commissioner shall 193.30 evaluate its training and awareness initiatives annually to 193.31 ensure their effectiveness. 193.32 [EFFECTIVE DATE.] This section is effective July 1, 2005. 193.33 Sec. 9. [299A.795] [TRAFFICKING VICTIM ASSISTANCE.] 193.34 (a) The commissioner shall establish policies to enable 193.35 state government to work with nongovernmental organizations to 193.36 provide assistance to trafficking victims. 194.1 (b) The commissioner may review the existing services and 194.2 facilities to meet trafficking victims' needs and recommend a 194.3 plan that would coordinate such services, including, but not 194.4 limited to: 194.5 (1) medical and mental health services; 194.6 (2) housing; 194.7 (3) education and job training; 194.8 (4) English as a second language; 194.9 (5) interpreting services; 194.10 (6) legal and immigration services; and 194.11 (7) victim compensation. 194.12 [EFFECTIVE DATE.] This section is effective July 1, 2005. 194.13 Sec. 10. Minnesota Statutes 2004, section 299C.10, 194.14 subdivision 1, is amended to read: 194.15 Subdivision 1. [REQUIRED FINGERPRINTING.] (a) Sheriffs, 194.16 peace officers, and community corrections agencies operating 194.17 secure juvenile detention facilities shall take or cause to be 194.18 taken immediately finger and thumb prints, photographs, 194.19 distinctive physical mark identification data, information on 194.20 any known aliases or street names, and other identification data 194.21 requested or required by the superintendent of the bureau, of 194.22 the following: 194.23 (1) persons arrested for, appearing in court on a charge 194.24 of, or convicted of a felony, gross misdemeanor, or targeted 194.25 misdemeanor; 194.26 (2) juveniles arrested for, appearing in court on a charge 194.27 of, adjudicated delinquent for, or alleged to have committed 194.28 felonies or gross misdemeanors as distinguished from those 194.29 committed by adult offenders; 194.30 (3) persons reasonably believed by the arresting officer to 194.31 be fugitives from justice; 194.32 (4) persons in whose possession, when arrested, are found 194.33 concealed firearms or other dangerous weapons, burglar tools or 194.34 outfits, high-power explosives, or articles, machines, or 194.35 appliances usable for an unlawful purpose and reasonably 194.36 believed by the arresting officer to be intended for such 195.1 purposes;and195.2 (5) juveniles referred by a law enforcement agency to a 195.3 diversion program for a felony or gross misdemeanor offense; and 195.4 (6) persons currently involved in the criminal justice 195.5 process, on probation, on parole, or in custody for the offenses 195.6 in suspense whom the superintendent of the bureau identifies as 195.7 being the subject of a court disposition record which cannot be 195.8 linked to an arrest record, and whose fingerprints are necessary 195.9 in order to maintain and ensure the accuracy of the bureau's 195.10 criminal history files, to reduce the number of suspense files, 195.11 or to comply with the mandates of section 299C.111, relating to 195.12 the reduction of the number of suspense files. This duty to 195.13 obtain fingerprints for the offenses in suspense at the request 195.14 of the bureau shall include the requirement that fingerprints be 195.15 taken in post-arrest interviews; while making court appearances; 195.16 while in custody; or while on any form of probation, diversion, 195.17 or supervised release. 195.18 (b) Unless the superintendent of the bureau requires a 195.19 shorter period, within 24 hours the fingerprint records and 195.20 other identification data specified under paragraph (a) must be 195.21 forwarded to the bureau on such forms and in such manner as may 195.22 be prescribed by the superintendent. 195.23 (c) Prosecutors, courts, and probation officers and their 195.24 agents, employees, and subordinates, shall attempt to ensure 195.25 that the required identification data is taken on a person 195.26 described in paragraph (a). Law enforcement may take 195.27 fingerprints of an individual who is presently on probation. 195.28 (d) For purposes of this section, a targeted misdemeanor is 195.29 a misdemeanor violation of section 169A.20 (driving while 195.30 impaired), 518B.01 (order for protection violation), 609.224 195.31 (fifth degree assault), 609.2242 (domestic assault), 609.746 195.32 (interference with privacy), 609.748 (harassment or restraining 195.33 order violation), or 617.23 (indecent exposure). 195.34 [EFFECTIVE DATE.] This section is effective July 1, 2005. 195.35 Sec. 11. Minnesota Statutes 2004, section 299C.10, is 195.36 amended by adding a subdivision to read: 196.1 Subd. 1a. [COURT DISPOSITION RECORD IN SUSPENSE; 196.2 FINGERPRINTING.] The superintendent of the bureau shall inform a 196.3 prosecuting authority that a person prosecuted by that authority 196.4 is the subject of a court disposition record in suspense which 196.5 requires fingerprinting under this section. Upon being notified 196.6 by the superintendent or otherwise learning of the suspense 196.7 status of a court disposition record, any prosecuting authority 196.8 may bring a motion in district court to compel the taking of the 196.9 person's fingerprints upon a showing to the court that the 196.10 person is the subject of the court disposition record in 196.11 suspense. 196.12 [EFFECTIVE DATE.] This section is effective July 1, 2005. 196.13 Sec. 12. Minnesota Statutes 2004, section 299C.14, is 196.14 amended to read: 196.15 299C.14 [INFORMATION ON RELEASED PRISONER.] 196.16 It shall be the duty of the officials having charge of the 196.17 penal institutions of the state or the release of prisoners 196.18 therefrom to furnish to the bureau, as the superintendent may 196.19 require, finger and thumb prints, photographs, distinctive 196.20 physical mark identification data, other identification data, 196.21 modus operandi reports, and criminal records of prisoners 196.22 heretofore, now, or hereafter confined in such penal 196.23 institutions, together with the period of their service and the 196.24 time, terms, and conditions of their discharge. This duty to 196.25 furnish information includes, but is not limited to, requests 196.26 for fingerprints as the superintendent of the bureau deems 196.27 necessary to maintain and ensure the accuracy of the bureau's 196.28 criminal history files, to reduce the number of suspense files, 196.29 or to comply with the mandates of section 299C.111 relating to 196.30 the reduction of the number of suspense files where a 196.31 disposition record is received that cannot be linked to an 196.32 arrest record. 196.33 [EFFECTIVE DATE.] This section is effective July 1, 2005. 196.34 Sec. 13. Minnesota Statutes 2004, section 299C.145, 196.35 subdivision 3, is amended to read: 196.36 Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DATA.] Onlylaw197.1enforcementcriminal justice agencies, as defined in section 197.2 299C.46, subdivision 2, may submit data to and obtain data from 197.3 the distinctive physical mark identification system. 197.4 [EFFECTIVE DATE.] This section is effective July 1, 2005. 197.5 Sec. 14. Minnesota Statutes 2004, section 299C.65, 197.6 subdivision 1, is amended to read: 197.7 Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The Criminal and 197.8 Juvenile Justice Information Policy Group consists of the 197.9 commissioner of corrections, the commissioner of public safety, 197.10 the commissioner of administration, the commissioner of finance, 197.11andfour members of the judicial branch appointed by the chief 197.12 justice of the Supreme Court, the chief administrator of the 197.13 Board of Public Defense, and the chair, the first vice chair, 197.14 and two additional members of the Criminal and Juvenile Justice 197.15 Information Task Force. The two additional members of the task 197.16 force must be elected officials, and one must have been selected 197.17 by the League of Minnesota Cities and the other by the Minnesota 197.18 Association of Counties. The policy group may appoint 197.19 additional, nonvoting members as necessary from time to time. 197.20 (b) The commissioner of public safety is designated as the 197.21 chair of the policy group. The commissioner and the policy 197.22 group have overall responsibility for the successful completion 197.23 of statewide criminal justice information system integration 197.24 (CriMNet). The policy group may hirea program manageran 197.25 executive director to manage the CriMNet projects and to be 197.26 responsible for the day-to-day operations of CriMNet. The 197.27 executive director shall serve at the pleasure of the policy 197.28 group in unclassified service. The policy group must ensure 197.29 that generally accepted project management techniques are 197.30 utilized for each CriMNet project, including: 197.31 (1) clear sponsorship; 197.32 (2) scope management; 197.33 (3) project planning, control, and execution; 197.34 (4) continuous risk assessment and mitigation; 197.35 (5) cost management; 197.36 (6) quality management reviews; 198.1 (7) communications management;and198.2 (8) proven methodology; and 198.3 (9) education and training. 198.4 (c) Products and services for CriMNet project management, 198.5 system design, implementation, and application hosting must be 198.6 acquired using an appropriate procurement process, which 198.7 includes: 198.8 (1) a determination of required products and services; 198.9 (2) a request for proposal development and identification 198.10 of potential sources; 198.11 (3) competitive bid solicitation, evaluation, and 198.12 selection; and 198.13 (4) contract administration and close-out. 198.14 (d) The policy group shall study and make recommendations 198.15 to the governor, the Supreme Court, and the legislature on: 198.16 (1) a framework for integrated criminal justice information 198.17 systems, including the development and maintenance of a 198.18 community data model for state, county, and local criminal 198.19 justice information; 198.20 (2) the responsibilities of each entity within the criminal 198.21 and juvenile justice systems concerning the collection, 198.22 maintenance, dissemination, and sharing of criminal justice 198.23 information with one another; 198.24 (3) actions necessary to ensure that information maintained 198.25 in the criminal justice information systems is accurate and 198.26 up-to-date; 198.27 (4) the development of an information system containing 198.28 criminal justice information on gross misdemeanor-level and 198.29 felony-level juvenile offenders that is part of the integrated 198.30 criminal justice information system framework; 198.31 (5) the development of an information system containing 198.32 criminal justice information on misdemeanor arrests, 198.33 prosecutions, and convictions that is part of the integrated 198.34 criminal justice information system framework; 198.35 (6) comprehensive training programs and requirements for 198.36 all individuals in criminal justice agencies to ensure the 199.1 quality and accuracy of information in those systems; 199.2 (7) continuing education requirements for individuals in 199.3 criminal justice agencies who are responsible for the 199.4 collection, maintenance, dissemination, and sharing of criminal 199.5 justice data; 199.6 (8) a periodic audit process to ensure the quality and 199.7 accuracy of information contained in the criminal justice 199.8 information systems; 199.9 (9) the equipment, training, and funding needs of the state 199.10 and local agencies that participate in the criminal justice 199.11 information systems; 199.12 (10) the impact of integrated criminal justice information 199.13 systems on individual privacy rights; 199.14 (11) the impact of proposed legislation on the criminal 199.15 justice system, including any fiscal impact, need for training, 199.16 changes in information systems, and changes in processes; 199.17 (12) the collection of data on race and ethnicity in 199.18 criminal justice information systems; 199.19 (13) the development of a tracking system for domestic 199.20 abuse orders for protection; 199.21 (14) processes for expungement, correction of inaccurate 199.22 records, destruction of records, and other matters relating to 199.23 the privacy interests of individuals; and 199.24 (15) the development of a database for extended 199.25 jurisdiction juvenile records and whether the records should be 199.26 public or private and how long they should be retained. 199.27 [EFFECTIVE DATE.] This section is effective July 1, 2005. 199.28 Sec. 15. Minnesota Statutes 2004, section 299C.65, 199.29 subdivision 2, is amended to read: 199.30 Subd. 2. [REPORT,TASK FORCE.](a) The policy group shall199.31file an annual report with the governor, Supreme Court, and199.32chairs and ranking minority members of the senate and house199.33committees and divisions with jurisdiction over criminal justice199.34funding and policy by December 1 of each year.199.35(b) The report must make recommendations concerning any199.36legislative changes or appropriations that are needed to ensure200.1that the criminal justice information systems operate accurately200.2and efficiently. To assist them in developing their200.3recommendations,The policy group shall appoint a task force 200.4consistingto assist them in their duties. The task force shall 200.5 monitor, review, and report to the policy group on 200.6 CriMNet-related projects and provide oversight to ongoing 200.7 operations as directed by the policy group. The task force 200.8 shall consist ofits members or their designees andthe 200.9 followingadditionalmembers: 200.10 (1)the director of the Office of Strategic and Long-Range200.11Planning;200.12(2)two sheriffs recommended by the Minnesota Sheriffs 200.13 Association; 200.14(3)(2) two police chiefs recommended by the Minnesota 200.15 Chiefs of Police Association; 200.16(4)(3) two county attorneys recommended by the Minnesota 200.17 County Attorneys Association; 200.18(5)(4) two city attorneys recommended by the Minnesota 200.19 League of Cities; 200.20(6)(5) two public defenders appointed by the Board of 200.21 Public Defense; 200.22(7)(6) two district judges appointed by the Conference of 200.23 Chief Judges, one of whom is currently assigned to the juvenile 200.24 court; 200.25(8)(7) two community corrections administrators 200.26 recommended by the Minnesota Association of Counties, one of 200.27 whom represents a community corrections act county; 200.28(9)(8) two probation officers; 200.29(10)(9) four public members, one of whom has been a victim 200.30 of crime, and two who are representatives of the private 200.31 business community who have expertise in integrated information 200.32 systems; 200.33(11)(10) two court administrators; 200.34(12)(11) one member of the house of representatives 200.35 appointed by the speaker of the house; 200.36(13)(12) one member of the senate appointed by the 201.1 majority leader; 201.2(14)(13) the attorney general or a designee; 201.3(15) the commissioner of administration or a designee;201.4(16)(14)an individualtwo individuals recommended by the 201.5 Minnesota League of Cities, one of whom works or resides in 201.6 greater Minnesota and one of whom works or resides in the 201.7 seven-county metropolitan area;and201.8(17)(15)an individualtwo individuals recommended by the 201.9 Minnesota Association of Counties, one of whom works or resides 201.10 in greater Minnesota and one of whom works or resides in the 201.11 seven-county metropolitan area; 201.12 (16) the director of the Sentencing Guidelines Commission; 201.13 (17) one member appointed by the commissioner of public 201.14 safety; 201.15 (18) one member appointed by the commissioner of 201.16 corrections; 201.17 (19) one member appointed by the commissioner of 201.18 administration; and 201.19 (20) one member appointed by the chief justice of the 201.20 Supreme Court. 201.21 In making these appointments, the appointing authority shall 201.22 select members with expertise in integrated data systems or best 201.23 practices. The task force member selected by the League of 201.24 Minnesota Cities and the member selected by the Minnesota 201.25 Association of Counties who are also members of the policy group 201.26 may each select an alternate to serve on the task force in their 201.27 absence. 201.28(c)The commissioner of public safety may appoint 201.29 additional, nonvoting members to the task force as necessary 201.30 from time to time. 201.31 [EFFECTIVE DATE.] This section is effective July 1, 2005. 201.32 Sec. 16. Minnesota Statutes 2004, section 299C.65, is 201.33 amended by adding a subdivision to read: 201.34 Subd. 3a. [REPORT.] The policy group, with the assistance 201.35 of the task force, shall file an annual report with the 201.36 governor, Supreme Court, and chairs and ranking minority members 202.1 of the senate and house committees and divisions with 202.2 jurisdiction over criminal justice funding and policy by January 202.3 15 of each year. The report must provide the following: 202.4 (1) status and review of current integration efforts and 202.5 projects; 202.6 (2) recommendations concerning any legislative changes or 202.7 appropriations that are needed to ensure that the criminal 202.8 justice information systems operate accurately and efficiently; 202.9 and 202.10 (3) summary of the activities of the policy group and task 202.11 force. 202.12 [EFFECTIVE DATE.] This section is effective July 1, 2005. 202.13 Sec. 17. Minnesota Statutes 2004, section 299C.65, 202.14 subdivision 5, is amended to read: 202.15 Subd. 5. [REVIEW OF FUNDING AND GRANT REQUESTS.] (a) The 202.16 Criminal and Juvenile Justice Information Policy Group shall 202.17 review the funding requests for criminal justice information 202.18 systems from state, county, and municipal government agencies. 202.19 The policy group shall review the requests for compatibility to 202.20 statewide criminal justice information system standards. The 202.21 review shall be forwarded to the chairs and ranking minority 202.22 members of the house and senate committees and divisions with 202.23 jurisdiction over criminal justice funding and policy. 202.24 (b) Thepolicy group shall also review funding requests for202.25criminal justice information systems grants to be made by the202.26commissioner of public safety as provided in this section.202.27Within the limits of available appropriations, the commissioner202.28of public safety shall make grants for projects that have been202.29approved by the policy group.CriMNet program office, in 202.30 consultation with the Criminal and Juvenile Justice Information 202.31 Task Force and with the approval of the policy group, shall 202.32 create the requirements for any grant request and determine the 202.33 integration priorities for the grant period. The CriMNet 202.34 program office shall also review the requests submitted for 202.35 compatibility to statewide criminal justice information systems 202.36 standards. 203.1 (c)If a funding request is for development of a203.2comprehensive criminal justice information integration plan, the203.3policy group shall ensure that the request contains the203.4components specified in subdivision 6. If a funding request is203.5for implementation of a plan or other criminal justice203.6information systems project, the policy group shall ensure that:203.7(1) the government agency has adopted a comprehensive plan203.8that complies with subdivision 6;203.9(2) the request contains the components specified in203.10subdivision 7; and203.11(3) the request demonstrates that it is consistent with the203.12government agency's comprehensive plan.The task force shall 203.13 review funding requests for criminal justice information systems 203.14 grants and make recommendations to the policy group. The policy 203.15 group shall review the recommendations of the task force and 203.16 shall make a final recommendation for criminal justice 203.17 information systems grants to be made by the commissioner of 203.18 public safety. Within the limits of available state 203.19 appropriations and federal grants, the commissioner of public 203.20 safety shall make grants for projects that have been recommended 203.21 by the policy group. 203.22 (d) The policy group may approve grants only if the 203.23 applicant provides an appropriate share of matching funds as 203.24 determined by the policy group to help pay up to one-half of the 203.25 costs of the grant request. The matching requirement must be 203.26 constant for all counties. The policy group shall adopt 203.27 policies concerning the use of in-kind resources to satisfy the 203.28 match requirement and the sources from which matching funds may 203.29 be obtained. Local operational or technology staffing costs may 203.30 be considered as meeting this match requirement. Each grant 203.31 recipient shall certify to the policy group that it has not 203.32 reduced funds from local, county, federal, or other sources 203.33 which, in the absence of the grant, would have been made 203.34 available to the grant recipient to improve or integrate 203.35 criminal justice technology. 203.36 (e) All grant recipients shall submit to the CriMNet 204.1 program office all requested documentation including grant 204.2 status, financial reports, and a final report evaluating how the 204.3 grant funds improved the agency's criminal justice integration 204.4 priorities. The CriMNet program office shall establish the 204.5 recipient's reporting dates at the time funds are awarded. 204.6 [EFFECTIVE DATE.] This section is effective July 1, 2005. 204.7 Sec. 18. Minnesota Statutes 2004, section 326.3384, 204.8 subdivision 1, is amended to read: 204.9 Subdivision 1. [PROHIBITION.] No license holder or 204.10 employee of a license holder shall, in a manner that implies 204.11 that the person is an employee or agent of a governmental 204.12 agency, display on a badge, identification card, emblem, 204.13 vehicle, uniform, stationery, or in advertising for private 204.14 detective or protective agent services: 204.15 (1) the words "public safety," "police," "constable," 204.16 "highway patrol," "state patrol," "sheriff," "trooper," or "law 204.17 enforcement"; or 204.18 (2) the name of a municipality, county, state, or of the 204.19 United States, or any governmental subdivision thereof. 204.20 [EFFECTIVE DATE.] This section is effective the day 204.21 following final enactment. 204.22 Sec. 19. [629.406] [MAINTENANCE OF BOOKING RECORDINGS.] 204.23 When a law enforcement agency elects to produce an 204.24 electronic recording of any portion of the arrest, booking, or 204.25 testing process in connection with the arrest of a person, the 204.26 agency must maintain the recording for a minimum of 30 days 204.27 after the date the person was booked. 204.28 [EFFECTIVE DATE.] This section is effective the day 204.29 following final enactment. 204.30 Sec. 20. [REPEALER.] 204.31 Minnesota Statutes 2004, sections 299A.64; 299A.65; 204.32 299A.66; 299A.68; and 299C.65, subdivisions 3, 4, 6, 7, 8, 8a, 204.33 and 9, are repealed. 204.34 [EFFECTIVE DATE.] This section is effective July 1, 2005. 204.35 ARTICLE 12 204.36 DNA COLLECTION 205.1 Section 1. Minnesota Statutes 2004, section 13.6905, 205.2 subdivision 17, is amended to read: 205.3 Subd. 17. [DNA EVIDENCE.] DNA identification data 205.4 maintained by the Bureau of Criminal Apprehension are governed 205.5 bysectionsections 299C.11 and 299C.155. 205.6 [EFFECTIVE DATE.] This section is effective July 1, 2005. 205.7 Sec. 2. Minnesota Statutes 2004, section 299C.03, is 205.8 amended to read: 205.9 299C.03 [SUPERINTENDENT; RULES.] 205.10 The superintendent, with the approval of the commissioner 205.11 of public safety, from time to time, shall make such rules and 205.12 adopt such measures as the superintendent deems necessary, 205.13 within the provisions and limitations of sections 299C.03 to 205.14 299C.08, 299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 205.15 299C.21, to secure the efficient operation of the bureau. The 205.16 bureau shall cooperate with the respective sheriffs, constables, 205.17 marshals, police, and other peace officers of the state in the 205.18 detection of crime and the apprehension of criminals throughout 205.19 the state, and shall have the power to conduct such 205.20 investigations as the superintendent, with the approval of the 205.21 commissioner of public safety, may deem necessary to secure 205.22 evidence which may be essential to the apprehension and 205.23 conviction of alleged violators of the criminal laws of the 205.24 state. The various members of the bureau shall have and may 205.25 exercise throughout the state the same powers of arrest 205.26 possessed by a sheriff, but they shall not be employed to render 205.27 police service in connection with strikes and other industrial 205.28 disputes. 205.29 [EFFECTIVE DATE.] This section is effective July 1, 2005. 205.30 Sec. 3. Minnesota Statutes 2004, section 299C.08, is 205.31 amended to read: 205.32 299C.08 [OATH OF SUPERINTENDENT AND EMPLOYEES.] 205.33 The superintendent and each employee in the bureau whom the 205.34 superintendent shall designate, before entering upon the 205.35 performance of duties under sections 299C.03 to 299C.08, 205.36 299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 299C.21, shall 206.1 take the usual oath. 206.2 [EFFECTIVE DATE.] This section is effective July 1, 2005. 206.3 Sec. 4. [299C.105] [DNA DATA REQUIRED.] 206.4 Subdivision 1. [REQUIRED COLLECTION OF BIOLOGICAL SPECIMEN 206.5 FOR DNA TESTING.] (a) Sheriffs, peace officers, and community 206.6 corrections agencies operating secure juvenile detention 206.7 facilities shall take or cause to be taken immediately 206.8 biological specimens for the purpose of DNA analysis as defined 206.9 in section 299C.155, of the following: 206.10 (1) persons arrested for, appearing in court on a charge 206.11 of, or convicted of or attempting to commit any of the following: 206.12 (i) murder under section 609.185, 609.19, or 609.195; 206.13 (ii) manslaughter under section 609.20 or 609.205; 206.14 (iii) assault under section 609.221, 609.222, or 609.223; 206.15 (iv) robbery under section 609.24 or aggravated robbery 206.16 under section 609.245; 206.17 (v) kidnapping under section 609.25; 206.18 (vi) false imprisonment under section 609.255; 206.19 (vii) criminal sexual conduct under section 609.342, 206.20 609.343, 609.344, 609.345, or 609.3451, subdivision 3; 206.21 (viii) incest under section 609.365; 206.22 (ix) burglary under section 609.582, subdivision 1; or 206.23 (x) indecent exposure under section 617.23, subdivision 3; 206.24 (2) persons sentenced as patterned sex offenders under 206.25 section 609.108; or 206.26 (3) juveniles arrested for, appearing in court on a charge 206.27 of, adjudicated delinquent for, or alleged to have committed or 206.28 attempted to commit any of the following: 206.29 (i) murder under section 609.185, 609.19, or 609.195; 206.30 (ii) manslaughter under section 609.20 or 609.205; 206.31 (iii) assault under section 609.221, 609.222, or 609.223; 206.32 (iv) robbery under section 609.24 or aggravated robbery 206.33 under section 609.245; 206.34 (v) kidnapping under section 609.25; 206.35 (vi) false imprisonment under section 609.255; 206.36 (vii) criminal sexual conduct under section 609.342, 207.1 609.343, 609.344, 609.345, or 609.3451, subdivision 3; 207.2 (viii) incest under section 609.365; 207.3 (ix) burglary under section 609.582, subdivision 1; or 207.4 (x) indecent exposure under section 617.23, subdivision 3. 207.5 (b) Unless the superintendent of the bureau requires a 207.6 shorter period, within 72 hours the biological specimen required 207.7 under paragraph (a) must be forwarded to the bureau in such a 207.8 manner as may be prescribed by the superintendent. 207.9 (c) Prosecutors, courts, and probation officers shall 207.10 attempt to ensure that the biological specimen is taken on a 207.11 person described in paragraph (a). 207.12 Subd. 2. [LAW ENFORCEMENT TRAINING.] The persons who 207.13 collect the biological specimens required under subdivision 1 207.14 must be trained to bureau-established standards in the proper 207.15 method of collecting and transmitting biological specimens. 207.16 Subd. 3. [BUREAU DUTY.] The bureau must perform DNA 207.17 analysis on biological specimens and enter the results of its 207.18 analysis in the combined DNA index system within 30 days after 207.19 specimens are received under this section. 207.20 [EFFECTIVE DATE.] This section is effective July 1, 2005, 207.21 and applies to persons arrested on or after that date. 207.22 Sec. 5. [299C.106] [ADDITIONAL DNA DATA REQUIRED.] 207.23 Subdivision 1. [REQUIRED COLLECTION OF BIOLOGICAL SPECIMEN 207.24 FOR DNA TESTING.] (a) As of July 1, 2010, sheriffs, peace 207.25 officers, and community corrections agencies operating secure 207.26 juvenile detention facilities shall take or cause to be taken 207.27 immediately biological specimens for the purpose of DNA analysis 207.28 as defined in section 299C.155, of persons arrested for, 207.29 appearing in court on a charge of, or convicted of or attempting 207.30 to commit any felony that is not described in section 299C.105, 207.31 subdivision 1, paragraph (a), clause (1). 207.32 (b) Unless the superintendent of the bureau requires a 207.33 shorter period, within 72 hours the biological specimen required 207.34 under paragraph (a) must be forwarded to the bureau in such a 207.35 manner as may be prescribed by the superintendent. 207.36 (c) Prosecutors, courts, and probation officers shall 208.1 attempt to ensure that the biological specimen is taken on a 208.2 person described in paragraph (a). 208.3 Subd. 2. [LAW ENFORCEMENT TRAINING.] The persons who 208.4 collect the biological specimens required under subdivision 1 208.5 must be trained to bureau-established standards in the proper 208.6 method of collecting and transmitting biological specimens. 208.7 Subd. 3. [BUREAU DUTY.] The bureau must perform DNA 208.8 analysis on biological specimens and enter the results of its 208.9 analysis in the combined DNA index system within 30 days after 208.10 specimens are received under this section. 208.11 [EFFECTIVE DATE.] This section is effective July 1, 2010, 208.12 and applies to persons arrested on or after that date. 208.13 Sec. 6. Minnesota Statutes 2004, section 299C.11, is 208.14 amended to read: 208.15 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 208.16 Subdivision 1. [FINGERPRINTSIDENTIFICATION DATA OTHER 208.17 THAN DNA.] (a) Each sheriff and chief of police shall furnish 208.18 the bureau, upon such form as the superintendent shall 208.19 prescribe, with such finger and thumb prints, photographs, 208.20 distinctive physical mark identification data, information on 208.21 known aliases and street names, and other identification data as 208.22 may be requested or required by the superintendent of the 208.23 bureau, which must be taken under the provisions of section 208.24 299C.10. In addition, sheriffs and chiefs of police shall 208.25 furnish this identification data to the bureau for individuals 208.26 found to have been convicted of a felony, gross misdemeanor, or 208.27 targeted misdemeanor, within the ten years immediately preceding 208.28 their arrest. 208.29 (b) No petition under chapter 609A is required if the 208.30 person has not been convicted of any felony or gross 208.31 misdemeanor, either within or without the state, within the 208.32 period of ten years immediately preceding the determination of 208.33 all pending criminal actions or proceedings in favor of the 208.34 arrested person, and either of the following occurred: 208.35 (1) all charges were dismissed prior to a determination of 208.36 probable cause; or 209.1 (2) the prosecuting authority declined to file any charges 209.2 and a grand jury did not return an indictment. 209.3 Where these conditions are met, the bureau or agency shall, upon 209.4 demand, return to the arrested person finger and thumb prints, 209.5 photographs, distinctive physical mark identification data, 209.6 information on known aliases and street names, and other 209.7 identification data, and all copies and duplicates of them. 209.8 (c) Except as otherwise provided in paragraph (b), upon the 209.9 determination of all pending criminal actions or proceedings in 209.10 favor of the arrested person, and the granting of the petition 209.11 of the arrested person under chapter 609A, the bureau shall seal 209.12 finger and thumb prints, photographs, distinctive physical mark 209.13 identification data, information on known aliases and street 209.14 names, and other identification data, and all copies and 209.15 duplicates of them if the arrested person has not been convicted 209.16 of any felony or gross misdemeanor, either within or without the 209.17 state, within the period of ten years immediately preceding such 209.18 determination. 209.19(d) DNA samples and DNA records of the arrested person209.20shall not be returned, sealed, or destroyed as to a charge209.21supported by probable cause.209.22(e) For purposes of this section:209.23(1) "determination of all pending criminal actions or209.24proceedings in favor of the arrested person" does not include:209.25(i) the sealing of a criminal record pursuant to section209.26152.18, subdivision 1, 242.31, or chapter 609A;209.27(ii) the arrested person's successful completion of a209.28diversion program;209.29(iii) an order of discharge under section 609.165; or209.30(iv) a pardon granted under section 638.02; and209.31(2) "targeted misdemeanor" has the meaning given in section209.32299C.10, subdivision 1.209.33 Subd. 2. [DNA SAMPLES AND RECORDS.] (a) Each sheriff and 209.34 chief of police shall furnish the bureau, in such form as the 209.35 superintendent shall prescribe, with the biological specimens 209.36 required to be taken under section 299C.105. 210.1 (b) No petition under chapter 609A is required if the 210.2 person has not been convicted of any felony, either within or 210.3 without the state, within the period of ten years immediately 210.4 preceding the determination of all pending criminal actions or 210.5 proceedings in favor of the arrested person, and either of the 210.6 following occurred: 210.7 (1) all charges were dismissed prior to a determination of 210.8 probable cause; or 210.9 (2) the prosecuting authority declined to file any charges 210.10 and a grand jury did not return an indictment. Where these 210.11 conditions are met, the bureau or agency shall, upon demand, 210.12 remove the person's information from the bureau's combined DNA 210.13 index system and return to the arrested person the biological 210.14 specimen, all related records, and all copies and duplicates of 210.15 them. 210.16 (c) Except as otherwise provided in paragraph (b), upon the 210.17 determination of all pending criminal actions or proceedings in 210.18 favor of the arrested person, and the granting of the petition 210.19 of the arrested person under chapter 609A, the bureau shall 210.20 remove the person's information from the bureau's combined DNA 210.21 index system and seal the biological specimen, all related 210.22 records, and all copies and duplicates of them, if the arrested 210.23 person has not been convicted of any felony, either within or 210.24 without the state, within the period of ten years immediately 210.25 preceding such determination. The remedies in section 13.08 210.26 apply to a violation of this subdivision. 210.27 Subd. 3. [DEFINITIONS.] As used in this section, the 210.28 following terms have the definitions provided: 210.29 (1) "determination of all pending criminal actions or 210.30 proceedings in favor of the arrested person" does not include: 210.31 (i) the sealing of a criminal record pursuant to sections 210.32 152.18, subdivision 1, and 242.31 or chapter 609A; 210.33 (ii) the arrested person's successful completion of a 210.34 diversion program; 210.35 (iii) an order of discharge under section 609.165; or 210.36 (iv) a pardon granted under section 638.02; and 211.1 (2) "targeted misdemeanor" has the meaning given in section 211.2 299C.10, subdivision 1. 211.3 [EFFECTIVE DATE.] This section is effective July 1, 2005, 211.4 and applies to offenders arrested on or after that date. 211.5 Sec. 7. Minnesota Statutes 2004, section 299C.155, is 211.6 amended to read: 211.7 299C.155 [STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.] 211.8 Subdivision 1. [DEFINITION.] As used in this section, "DNA 211.9 analysis" means the process through which deoxyribonucleic acid 211.10 (DNA) in a human biological specimen is analyzed and compared 211.11 with DNA from another human biological specimen for 211.12 identification purposes. 211.13 Subd. 2. [UNIFORM EVIDENCE COLLECTION.] The bureau shall 211.14 develop uniform procedures and protocols for collecting evidence 211.15 in cases of alleged or suspected criminal sexual conduct, 211.16 including procedures and protocols for the collection and 211.17 preservation of human biological specimens for DNA analysis. Law 211.18 enforcement agencies and medical personnel who conduct 211.19 evidentiary exams shall use the uniform procedures and protocols 211.20 in their investigation of criminal sexual conduct offenses. The 211.21 uniform procedures and protocols developed under this 211.22 subdivision are not subject to the rulemaking provisions of 211.23 chapter 14. 211.24 Subd. 3. [DNA ANALYSIS AND DATA BANK.] The bureau shall 211.25 adopt uniform procedures and protocols to maintain, preserve, 211.26 and analyze human biological specimens for DNA. The bureau 211.27 shall establish a centralized system to cross-reference data 211.28 obtained from DNA analysis. Data contained on the bureau's 211.29 centralized system is private data on individuals, as that term 211.30 is defined in section 13.02. The bureau's centralized system 211.31 may only be accessed by authorized law enforcement personnel and 211.32 used solely for law enforcement identification purposes. The 211.33 remedies in section 13.08 apply to a violation of this 211.34 subdivision. The uniform procedures and protocols developed 211.35 under this subdivision are not subject to the rulemaking 211.36 provisions of chapter 14. 212.1 Subd. 4. [RECORD.] The bureau shall perform DNA analysis 212.2 and make data obtained available to law enforcement officials in 212.3 connection with criminal investigations in which human 212.4 biological specimens have been recovered. Upon request, the 212.5 bureau shall also make the data available to the prosecutor and 212.6 the subject of the data in any subsequent criminal prosecution 212.7 of the subject. The results of the bureau's DNA analysis and 212.8 related records are private data on individuals, as that term is 212.9 defined in section 13.02, and may only be used for law 212.10 enforcement identification purposes. The remedies in section 212.11 13.08 apply to a violation of this subdivision. 212.12 [EFFECTIVE DATE.] This section is effective July 1, 2005. 212.13 Sec. 8. Minnesota Statutes 2004, section 299C.21, is 212.14 amended to read: 212.15 299C.21 [PENALTY ON LOCAL OFFICER REFUSING INFORMATION.] 212.16 If any public official charged with the duty of furnishing 212.17 to the bureau fingerprint records, biological specimens, 212.18 reports, or other information required by sections 299C.06, 212.19 299C.10, 299C.105, 299C.11, 299C.17, shall neglect or refuse to 212.20 comply with such requirement, the bureau, in writing, shall 212.21 notify the state, county, or city officer charged with the 212.22 issuance of a warrant for the payment of the salary of such 212.23 official. Upon the receipt of the notice the state, county, or 212.24 city official shall withhold the issuance of a warrant for the 212.25 payment of the salary or other compensation accruing to such 212.26 officer for the period of 30 days thereafter until notified by 212.27 the bureau that such suspension has been released by the 212.28 performance of the required duty. 212.29 [EFFECTIVE DATE.] This section is effective July 1, 2005. 212.30 Sec. 9. [590.10] [PRESERVATION OF EVIDENCE.] 212.31 Subdivision 1. [PRESERVATION.] Notwithstanding any other 212.32 provision of law, all appropriate governmental entities shall 212.33 retain any item of physical evidence which contains biological 212.34 material that is used to secure a conviction in a criminal case 212.35 for the period of time that any person remains incarcerated, on 212.36 probation or parole, civilly committed, or subject to 213.1 registration as a sex offender in connection with the case. The 213.2 governmental entity need retain only the portion of such 213.3 evidence as was used to obtain an accurate biological sample and 213.4 used to obtain a conviction. This requirement shall apply with 213.5 or without the filing of a petition for postconviction DNA 213.6 analysis, as well as during the pendency of proceedings under 213.7 section 590.01. If evidence is intentionally destroyed after 213.8 the filing of a petition under section 590.01, the court may 213.9 impose appropriate sanctions on the responsible party or parties. 213.10 Subd. 2. [DEFINITION.] For purposes of this section, 213.11 "biological evidence" means: 213.12 (1) the contents of a sexual assault examination kit; or 213.13 (2) any item that contains blood, semen, hair, saliva, skin 213.14 tissue, or other identifiable biological material, whether that 213.15 material is catalogued separately, on a slide, swab, or in a 213.16 test tube, or is present on other evidence, including, but not 213.17 limited to, clothing, ligatures, bedding or other household 213.18 material, drinking cups, cigarettes, and similar items. 213.19 [EFFECTIVE DATE.] This section is effective the day 213.20 following final enactment. 213.21 Sec. 10. Minnesota Statutes 2004, section 609.117, is 213.22 amended to read: 213.23 609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.] 213.24 Subdivision 1. [UPON SENTENCING.] If an offender has not 213.25 already done so, the court shall order an offender to provide a 213.26 biological specimen for the purpose of DNA analysis as defined 213.27 in section 299C.155 when: 213.28 (1) the court sentences a person charged withviolating or213.29attempting to violate any of the following,committing or 213.30 attempting to commit a felony offense and the person is 213.31 convicted of that offense or of any offense arising out of the 213.32 same set of circumstances:213.33(i) murder under section 609.185, 609.19, or 609.195;213.34(ii) manslaughter under section 609.20 or 609.205;213.35(iii) assault under section 609.221, 609.222, or 609.223;213.36(iv) robbery under section 609.24 or aggravated robbery214.1under section 609.245;214.2(v) kidnapping under section 609.25;214.3(vi) false imprisonment under section 609.255;214.4(vii) criminal sexual conduct under section 609.342,214.5609.343, 609.344, 609.345, or 609.3451, subdivision 3;214.6(viii) incest under section 609.365;214.7(ix) burglary under section 609.582, subdivision 1; or214.8(x) indecent exposure under section 617.23, subdivision 3;214.9(2) the court sentences a person as a patterned sex214.10offender under section 609.108; or 214.11(3)(2) the juvenile court adjudicates a person a 214.12 delinquent child who isthe subject of a delinquency petition214.13for violating or attempting to violate any of the following, and214.14the delinquency adjudication is based on a violation of one of214.15those sections or of any offense arising out of the same set of214.16circumstances:214.17(i) murder under section 609.185, 609.19, or 609.195;214.18(ii) manslaughter under section 609.20 or 609.205;214.19(iii) assault under section 609.221, 609.222, or 609.223;214.20(iv) robbery under section 609.24 or aggravated robbery214.21under section 609.245;214.22(v) kidnapping under section 609.25;214.23(vi) false imprisonment under section 609.255;214.24(vii) criminal sexual conduct under section 609.342,214.25609.343, 609.344, 609.345, or 609.3451, subdivision 3;214.26(viii) incest under section 609.365;214.27(ix) burglary under section 609.582, subdivision 1; or214.28(x) indecent exposure under section 617.23, subdivision214.293petitioned for committing or attempting to commit a felony 214.30 offense and is adjudicated delinquent for that offense or any 214.31 offense arising out of the same set of circumstances. 214.32 The biological specimen or the results of the analysis shall be 214.33 maintained by the Bureau of Criminal Apprehension as provided in 214.34 section 299C.155. 214.35 Subd. 2. [BEFORE RELEASE.] The commissioner of corrections 214.36 or local corrections authority shall order a person to provide a 215.1 biological specimen for the purpose of DNA analysis before 215.2 completion of the person's term of imprisonment when the person 215.3 has not provided a biological specimen for the purpose of DNA 215.4 analysis and the person: 215.5 (1)is currently serving a term of imprisonment for or has215.6a past conviction for violating or attempting to violate any of215.7the following or a similar law of another state or the United215.8States orwas initially charged withviolating one of the215.9following sections or a similar law of another state or the215.10United States andcommitting or attempting to commit a felony 215.11 offense and was convicted ofanotherthat offense or of any 215.12 offense arising out of the same set of circumstances:215.13(i) murder under section 609.185, 609.19, or 609.195;215.14(ii) manslaughter under section 609.20 or 609.205;215.15(iii) assault under section 609.221, 609.222, or 609.223;215.16(iv) robbery under section 609.24 or aggravated robbery215.17under section 609.245;215.18(v) kidnapping under section 609.25;215.19(vi) false imprisonment under section 609.255;215.20(vii) criminal sexual conduct under section 609.342,215.21609.343, 609.344, 609.345, or 609.3451, subdivision 3;215.22(viii) incest under section 609.365;215.23(ix) burglary under section 609.582, subdivision 1; or215.24(x) indecent exposure under section 617.23, subdivision 3;215.25or215.26(2) was sentenced as a patterned sex offender under section215.27609.108, and committed to the custody of the commissioner of215.28corrections, or the person has a past felony conviction; or 215.29(3)(2) is serving a term of imprisonment in this state 215.30 under a reciprocal agreement although convicted in another state 215.31 ofan offense described in this subdivision or a similar law of215.32the United States or any other statecommitting or attempting to 215.33 commit a felony offense or of any offense arising out of the 215.34 same set of circumstances if the person was initially charged 215.35 with committing or attempting to commit a felony offense. The 215.36 commissioner of corrections or local corrections authority shall 216.1 forward the sample to the Bureau of Criminal Apprehension. 216.2 Subd. 3. [OFFENDERS FROM OTHER STATES.] When the state 216.3 accepts an offender from another state under the interstate 216.4 compact authorized by section 243.16, the acceptance is 216.5 conditional on the offender providing a biological specimen for 216.6 the purposes of DNA analysis as defined in section 299C.155, if 216.7 the offender wasconvicted of an offense described in216.8subdivision 1 or a similar law of the United States or any other216.9stateinitially charged with committing or attempting to commit 216.10 a felony offense and was convicted of that offense or of any 216.11 offense arising out of the same set of circumstances. The 216.12 specimen must be provided under supervision of staff from the 216.13 Department of Corrections or a Community Corrections Act county 216.14 within 15 business days after the offender reports to the 216.15 supervising agent. The cost of obtaining the biological 216.16 specimen is the responsibility of the agency providing 216.17 supervision. 216.18 [EFFECTIVE DATE.] This section is effective July 1, 2005, 216.19 and applies to offenders sentenced, released from incarceration, 216.20 or accepted for supervision on or after that date. 216.21 Sec. 11. Minnesota Statutes 2004, section 609A.02, 216.22 subdivision 3, is amended to read: 216.23 Subd. 3. [CERTAIN CRIMINAL PROCEEDINGS NOT RESULTING IN A 216.24 CONVICTION.] A petition may be filed under section 609A.03 to 216.25 seal all records relating to an arrest, indictment or 216.26 information, trial, or verdict if the records are not subject to 216.27 section 299C.11, subdivision 1, paragraph (b), and if all 216.28 pending actions or proceedings were resolved in favor of the 216.29 petitioner. For purposes of this chapter, a verdict of not 216.30 guilty by reason of mental illness is not a resolution in favor 216.31 of the petitioner. 216.32 [EFFECTIVE DATE.] This section is effective July 1, 2005. 216.33 Sec. 12. Minnesota Statutes 2004, section 609A.03, 216.34 subdivision 7, is amended to read: 216.35 Subd. 7. [LIMITATIONS OF ORDER.](a) Upon issuance of an216.36expungement order related to a charge supported by probable217.1cause, the DNA samples and DNA records held by the Bureau of217.2Criminal Apprehension shall not be sealed, returned to the217.3subject of the record, or destroyed.217.4(b)Notwithstanding the issuance of an expungement order: 217.5 (1) an expunged record may be opened for purposes of a 217.6 criminal investigation, prosecution, or sentencing, upon an ex 217.7 parte court order; and 217.8 (2) an expunged record of a conviction may be opened for 217.9 purposes of evaluating a prospective employee in a criminal 217.10 justice agency without a court order. 217.11 Upon request by law enforcement, prosecution, or 217.12 corrections authorities, an agency or jurisdiction subject to an 217.13 expungement order shall inform the requester of the existence of 217.14 a sealed record and of the right to obtain access to it as 217.15 provided by this paragraph. For purposes of this section, a 217.16 "criminal justice agency" means courts or a government agency 217.17 that performs the administration of criminal justice under 217.18 statutory authority. 217.19 [EFFECTIVE DATE.] This section is effective July 1, 2005. 217.20 Sec. 13. [REVISOR'S INSTRUCTION.] 217.21 In each section of Minnesota Statutes where section 217.22 299C.105 is cross-referenced, the revisor of statutes shall 217.23 insert a cross-reference to section 299C.106. 217.24 [EFFECTIVE DATE.] This section is effective July 1, 2010. 217.25 Sec. 14. [REPEALER.] 217.26 Minnesota Statutes 2004, section 609.119, is repealed. 217.27 [EFFECTIVE DATE.] This section is effective July 1, 2005. 217.28 ARTICLE 13 217.29 CORRECTIONS 217.30 Section 1. [241.026] [CORRECTIONAL OFFICERS DISCIPLINE 217.31 PROCEDURES.] 217.32 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 217.33 section, the terms defined in this subdivision have the meanings 217.34 given them. 217.35 (b) "Correctional officer" and "officer" mean a person 217.36 employed by the state, a state correctional facility, or a local 218.1 correctional or detention facility in a security capacity. 218.2 (c) "Formal statement" means the questioning of an officer 218.3 in the course of obtaining a recorded, stenographic, or signed 218.4 statement to be used as evidence in a disciplinary proceeding 218.5 against the officer. 218.6 Subd. 2. [APPLICABILITY.] The procedures and provisions of 218.7 this section apply to state and local correctional authorities. 218.8 Subd. 3. [GOVERNING FORMAL STATEMENT PROCEDURES.] The 218.9 formal statement of an officer must be taken according to 218.10 subdivision 4. 218.11 Subd. 4. [PLACE OF FORMAL STATEMENT.] The formal statement 218.12 must be taken at a facility of the employing or investigating 218.13 agency or at a place agreed to by the investigating individual 218.14 and the investigated officer. 218.15 Subd. 5. [ADMISSIONS.] Before an officer's formal 218.16 statement is taken, the officer shall be advised in writing or 218.17 on the record that admissions made in the course of the formal 218.18 statement may be used as evidence of misconduct or as a basis 218.19 for discipline. 218.20 Subd. 6. [DISCLOSURE OF FINANCIAL RECORDS.] No employer 218.21 may require an officer to produce or disclose the officer's 218.22 personal financial records except pursuant to a valid search 218.23 warrant or subpoena. 218.24 Subd. 7. [RELEASE OF PHOTOGRAPHS.] No state or local 218.25 correctional facility or governmental unit may publicly release 218.26 photographs of an officer without the written permission of the 218.27 officer, except that the facility or unit may display a 218.28 photograph of an officer to a prospective witness as part of an 218.29 agency or unit investigation. 218.30 Subd. 8. [DISCIPLINARY LETTER.] No disciplinary letter or 218.31 reprimand may be included in an officer's personnel record 218.32 unless the officer has been given a copy of the letter or 218.33 reprimand. 218.34 Subd. 9. [RETALIATORY ACTION PROHIBITED.] No officer may 218.35 be discharged, disciplined, or threatened with discharge or 218.36 discipline as retaliation for or solely by reason of the 219.1 officer's exercise of the rights provided by this section. 219.2 Subd. 10. [RIGHTS NOT REDUCED.] The rights of officers 219.3 provided by this section are in addition to and do not diminish 219.4 the rights and privileges of officers that are provided under an 219.5 applicable collective bargaining agreement or any other 219.6 applicable law. 219.7 [EFFECTIVE DATE.] This section is effective July 1, 2005. 219.8 Sec. 2. [243.051] [COMMUNITY REINTEGRATION; PLACEMENT OF 219.9 CERTAIN OFFENDERS WITH LESS THAN 180 DAYS TO SERVE.] 219.10 The commissioner of corrections, with the concurrence of 219.11 the local corrections director, may place an offender who is 219.12 committed to the custody and care of the commissioner and who 219.13 has less than 180 days remaining in the offender's term of 219.14 imprisonment at the county jail, regional jail, or local 219.15 correctional facility in the jurisdiction where the offender 219.16 plans to reside while on supervised release in order to prepare 219.17 the offender for reintegration into the community. The 219.18 commissioner must pay a county that incarcerates an offender 219.19 under this section a per diem equal to the amount paid to 219.20 counties by the commissioner to house offenders confined in 219.21 state correctional facilities for whom the commissioner has 219.22 insufficient beds. 219.23 [EFFECTIVE DATE.] This section is effective July 1, 2005. 219.24 Sec. 3. Minnesota Statutes 2004, section 243.1606, 219.25 subdivision 1, is amended to read: 219.26 Subdivision 1. [MEMBERSHIP.] The Advisory Council on 219.27 Interstate Adult Offender Supervision consists of the following 219.28 individuals or their designees: 219.29 (1) the governor; 219.30 (2) the chief justice of the Supreme Court; 219.31 (3) two senators, one from the majority and the other from 219.32 the minority party, selected by the Subcommittee on Committees 219.33 of the senate Committee on Rules and Administration; 219.34 (4) two representatives, one from the majority and the 219.35 other from the minority party, selected by the house speaker; 219.36 (5) the compact administrator, selected as provided in 220.1 section 243.1607;and220.2 (6) the executive director of the Center for Crime Victim 220.3 Services; and 220.4 (7) other members as appointed by the commissioner of 220.5 corrections. 220.6 The council may elect a chair from among its members. 220.7 [EFFECTIVE DATE.] This section is effective July 1, 2005. 220.8 Sec. 4. Minnesota Statutes 2004, section 243.24, 220.9 subdivision 2, is amended to read: 220.10 Subd. 2. [CHIEF EXECUTIVE OFFICER TO INCREASE FUND TO 220.11 $100.] If the fund standing to the credit of the prisoner on the 220.12 prisoner's leaving the facility by discharge, supervised 220.13 release, or on parole be less than $100, the warden or chief 220.14 executive officer is directed to pay out of the current expense 220.15 fund of the facility sufficient funds to make the total of said 220.16 earnings the sum of $100. Offenders who have previously 220.17 received the $100 upon their initial release from incarceration 220.18 will not receive the $100 on any second or subsequent release 220.19 from incarceration for that offense. Offenders who were 220.20 sentenced as short-term offenders under section 609.105 shall 220.21 not receive gate money. 220.22 [EFFECTIVE DATE.] This section is effective July 1, 2005. 220.23 Sec. 5. Minnesota Statutes 2004, section 244.18, 220.24 subdivision 2, is amended to read: 220.25 Subd. 2. [LOCAL CORRECTIONAL FEES.] A local correctional 220.26 agency may establish a schedule of local correctional fees to 220.27 charge personsconvicted of a crime andunder the supervision 220.28 and control of the local correctional agency to defray costs 220.29 associated with correctional services. The local correctional 220.30 fees on the schedule must be reasonably related to defendants' 220.31 abilities to pay and the actual cost of correctional services. 220.32 [EFFECTIVE DATE.] This section is effective July 1, 2005. 220.33 Sec. 6. Minnesota Statutes 2004, section 609.531, 220.34 subdivision 1, is amended to read: 220.35 Subdivision 1. [DEFINITIONS.] For the purpose of sections 220.36 609.531 to 609.5318, the following terms have the meanings given 221.1 them. 221.2 (a) "Conveyance device" means a device used for 221.3 transportation and includes, but is not limited to, a motor 221.4 vehicle, trailer, snowmobile, airplane, and vessel and any 221.5 equipment attached to it. The term "conveyance device" does not 221.6 include property which is, in fact, itself stolen or taken in 221.7 violation of the law. 221.8 (b) "Weapon used" means a dangerous weapon as defined under 221.9 section 609.02, subdivision 6, that the actor used or had in 221.10 possession in furtherance of a crime. 221.11 (c) "Property" means property as defined in section 609.52, 221.12 subdivision 1, clause (1). 221.13 (d) "Contraband" means property which is illegal to possess 221.14 under Minnesota law. 221.15 (e) "Appropriate agency" means the Bureau of Criminal 221.16 Apprehension, the Minnesota Division of Driver and Vehicle 221.17 Services, the Minnesota State Patrol, a county sheriff's 221.18 department, the Suburban Hennepin Regional Park District park 221.19 rangers, the Department of Natural Resources Division of 221.20 Enforcement, the University of Minnesota Police Department, the 221.21 Department of Corrections' Fugitive Apprehension Unit, or a city 221.22 or airport police department. 221.23 (f) "Designated offense" includes: 221.24 (1) for weapons used: any violation of this chapter, 221.25 chapter 152, or chapter 624; 221.26 (2) for driver's license or identification card 221.27 transactions: any violation of section 171.22; and 221.28 (3) for all other purposes: a felony violation of, or a 221.29 felony-level attempt or conspiracy to violate, section 325E.17; 221.30 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 221.31 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 221.32 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 221.33 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 221.34 (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 221.35 and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 221.36 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 222.1 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 222.2 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 222.3 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 222.4 609.895; 617.246; or a gross misdemeanor or felony violation of 222.5 section 609.891 or 624.7181; or any violation of section 609.324. 222.6 (g) "Controlled substance" has the meaning given in section 222.7 152.01, subdivision 4. 222.8 [EFFECTIVE DATE.] This section is effective July 1, 2005. 222.9 Sec. 7. Minnesota Statutes 2004, section 609.5311, 222.10 subdivision 2, is amended to read: 222.11 Subd. 2. [ASSOCIATED PROPERTY.] (a) All property, real and 222.12 personal, that has been used, or is intended for use, or has in 222.13 any way facilitated, in whole or in part, the manufacturing, 222.14 compounding, processing, delivering, importing, cultivating, 222.15 exporting, transporting, or exchanging of contraband or a 222.16 controlled substance that has not been lawfully manufactured, 222.17 distributed, dispensed, and acquired is subject to forfeiture 222.18 under this section, except as provided in subdivision 3. 222.19 (b) The Department of Corrections' Fugitive Apprehension 222.20 Unit shall not seize real property for the purposes of 222.21 forfeiture under paragraph (a). 222.22 [EFFECTIVE DATE.] This section is effective July 1, 2005. 222.23 Sec. 8. Minnesota Statutes 2004, section 609.5311, 222.24 subdivision 3, is amended to read: 222.25 Subd. 3. [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY 222.26 ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device 222.27 is subject to forfeiture under this section only if the retail 222.28 value of the controlled substance is $25 or more and the 222.29 conveyance device is associated with a felony-level controlled 222.30 substance crime. 222.31 (b) Real property is subject to forfeiture under this 222.32 section only if the retail value of the controlled substance or 222.33 contraband is $1,000 or more. 222.34 (c) Property used by any person as a common carrier in the 222.35 transaction of business as a common carrier is subject to 222.36 forfeiture under this section only if the owner of the property 223.1 is a consenting party to, or is privy to, the use or intended 223.2 use of the property as described in subdivision 2. 223.3 (d) Property is subject to forfeiture under this section 223.4 only if its owner was privy to the use or intended use described 223.5 in subdivision 2, or the unlawful use or intended use of the 223.6 property otherwise occurred with the owner's knowledge or 223.7 consent. 223.8 (e) Forfeiture under this section of a conveyance device or 223.9 real property encumbered by a bona fide security interest is 223.10 subject to the interest of the secured party unless the secured 223.11 party had knowledge of or consented to the act or omission upon 223.12 which the forfeiture is based. A person claiming a security 223.13 interest bears the burden of establishing that interest by clear 223.14 and convincing evidence. 223.15 (f) Forfeiture under this section of real property is 223.16 subject to the interests of a good faith purchaser for value 223.17 unless the purchaser had knowledge of or consented to the act or 223.18 omission upon which the forfeiture is based. 223.19 (g) Notwithstanding paragraphs (d), (e), and (f), property 223.20 is not subject to forfeiture based solely on the owner's or 223.21 secured party's knowledge of the unlawful use or intended use of 223.22 the property if: (1) the owner or secured party took reasonable 223.23 steps to terminate use of the property by the offender; or (2) 223.24 the property is real property owned by the parent of the 223.25 offender, unless the parent actively participated in, or 223.26 knowingly acquiesced to, a violation of chapter 152, or the real 223.27 property constitutes proceeds derived from or traceable to a use 223.28 described in subdivision 2. 223.29 (h) The Department of Corrections' Fugitive Apprehension 223.30 Unit shall not seize a conveyance devise, to include motor 223.31 vehicles or real property, for the purposes of forfeiture under 223.32 paragraphs (a) to (g). 223.33 [EFFECTIVE DATE.] This section is effective July 1, 2005. 223.34 Sec. 9. Minnesota Statutes 2004, section 609.5312, 223.35 subdivision 1, is amended to read: 223.36 Subdivision 1. [PROPERTY SUBJECT TO FORFEITURE.] (a) All 224.1 personal property is subject to forfeiture if it was used or 224.2 intended for use to commit or facilitate the commission of a 224.3 designated offense. All money and other property, real and 224.4 personal, that represent proceeds of a designated offense, and 224.5 all contraband property, are subject to forfeiture, except as 224.6 provided in this section. 224.7 (b) The Department of Corrections' Fugitive Apprehension 224.8 Unit shall not seize real property for the purposes of 224.9 forfeiture under paragraph (a). 224.10 [EFFECTIVE DATE.] This section is effective July 1, 2005. 224.11 Sec. 10. Minnesota Statutes 2004, section 609.5312, 224.12 subdivision 3, is amended to read: 224.13 Subd. 3. [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 224.14 (a) A motor vehicle is subject to forfeiture under this 224.15 subdivision if it was used to commit or facilitate, or used 224.16 during the commission of, a violation of section 609.324 or a 224.17 violation of a local ordinance substantially similar to section 224.18 609.324. A motor vehicle is subject to forfeiture under this 224.19 subdivision only if the offense is established by proof of a 224.20 criminal conviction for the offense. Except as otherwise 224.21 provided in this subdivision, a forfeiture under this 224.22 subdivision is governed by sections 609.531, 609.5312, and 224.23 609.5313. 224.24 (b) When a motor vehicle subject to forfeiture under this 224.25 subdivision is seized in advance of a judicial forfeiture order, 224.26 a hearing before a judge or referee must be held within 96 hours 224.27 of the seizure. Notice of the hearing must be given to the 224.28 registered owner within 48 hours of the seizure. The 224.29 prosecuting authority shall certify to the court, at or in 224.30 advance of the hearing, that it has filed or intends to file 224.31 charges against the alleged violator for violating section 224.32 609.324 or a local ordinance substantially similar to section 224.33 609.324. After conducting the hearing, the court shall order 224.34 that the motor vehicle be returned to the owner if: 224.35 (1) the prosecutor has failed to make the certification 224.36 required by paragraph (b); 225.1 (2) the owner of the motor vehicle has demonstrated to the 225.2 court's satisfaction that the owner has a defense to the 225.3 forfeiture, including but not limited to the defenses contained 225.4 in subdivision 2; or 225.5 (3) the court determines that seizure of the vehicle 225.6 creates or would create an undue hardship for members of the 225.7 owner's family. 225.8 (c) If the defendant is acquitted or prostitution charges 225.9 against the defendant are dismissed, neither the owner nor the 225.10 defendant is responsible for paying any costs associated with 225.11 the seizure or storage of the vehicle. 225.12 (d) A vehicle leased or rented under section 168.27, 225.13 subdivision 4, for a period of 180 days or less is not subject 225.14 to forfeiture under this subdivision. 225.15 (e) For purposes of this subdivision, seizure occurs either: 225.16 (1) at the date at which personal service of process upon 225.17 the registered owner is made; or 225.18 (2) at the date when the registered owner has been notified 225.19 by certified mail at the address listed in the Minnesota 225.20 Department of Public Safety computerized motor vehicle 225.21 registration records. 225.22 (f) The Department of Corrections' Fugitive Apprehension 225.23 Unit shall not participate in paragraphs (a) to (e). 225.24 [EFFECTIVE DATE.] This section is effective July 1, 2005. 225.25 Sec. 11. Minnesota Statutes 2004, section 609.5312, 225.26 subdivision 4, is amended to read: 225.27 Subd. 4. [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 225.28 (a) A motor vehicle is subject to forfeiture under this 225.29 subdivision if it was used to commit a violation of section 225.30 609.487 and endanger life or property. A motor vehicle is 225.31 subject to forfeiture under this subdivision only if the offense 225.32 is established by proof of a criminal conviction for the 225.33 offense. Except as otherwise provided in this subdivision, a 225.34 forfeiture under this subdivision is governed by sections 225.35 609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 225.36 (b) When a motor vehicle subject to forfeiture under this 226.1 subdivision is seized in advance of a judicial forfeiture order, 226.2 a hearing before a judge or referee must be held within 96 hours 226.3 of the seizure. Notice of the hearing must be given to the 226.4 registered owner within 48 hours of the seizure. The 226.5 prosecuting authority shall certify to the court, at or in 226.6 advance of the hearing, that it has filed or intends to file 226.7 charges against the alleged violator for violating section 226.8 609.487. After conducting the hearing, the court shall order 226.9 that the motor vehicle be returned to the owner if: 226.10 (1) the prosecutor has failed to make the certification 226.11 required by this paragraph; 226.12 (2) the owner of the motor vehicle has demonstrated to the 226.13 court's satisfaction that the owner has a defense to the 226.14 forfeiture, including but not limited to the defenses contained 226.15 in subdivision 2; or 226.16 (3) the court determines that seizure of the vehicle 226.17 creates or would create an undue hardship for members of the 226.18 owner's family. 226.19 (c) If the defendant is acquitted or the charges against 226.20 the defendant are dismissed, neither the owner nor the defendant 226.21 is responsible for paying any costs associated with the seizure 226.22 or storage of the vehicle. 226.23 (d) A vehicle leased or rented under section 168.27, 226.24 subdivision 4, for a period of 180 days or less is not subject 226.25 to forfeiture under this subdivision. 226.26 (e) A motor vehicle that is an off-road recreational 226.27 vehicle as defined in section 169A.03, subdivision 16, or a 226.28 motorboat as defined in section 169A.03, subdivision 13, is not 226.29 subject to paragraph (b). 226.30 (f) For purposes of this subdivision, seizure occurs either: 226.31 (1) at the date at which personal service of process upon 226.32 the registered owner is made; or 226.33 (2) at the date when the registered owner has been notified 226.34 by certified mail at the address listed in the Minnesota 226.35 Department of Public Safety computerized motor vehicle 226.36 registration records. 227.1 (g) The Department of Corrections' Fugitive Apprehension 227.2 Unit shall not seize a motor vehicle for the purposes of 227.3 forfeiture under paragraphs (a) to (f). 227.4 [EFFECTIVE DATE.] This section is effective July 1, 2005. 227.5 Sec. 12. Minnesota Statutes 2004, section 609.5314, 227.6 subdivision 1, is amended to read: 227.7 Subdivision 1. [PROPERTY SUBJECT TO ADMINISTRATIVE 227.8 FORFEITURE; PRESUMPTION.] (a) The following are presumed to be 227.9 subject to administrative forfeiture under this section: 227.10 (1) all money, precious metals, and precious stones found 227.11 in proximity to: 227.12 (i) controlled substances; 227.13 (ii) forfeitable drug manufacturing or distributing 227.14 equipment or devices; or 227.15 (iii) forfeitable records of manufacture or distribution of 227.16 controlled substances; 227.17 (2) all conveyance devices containing controlled substances 227.18 with a retail value of $100 or more if possession or sale of the 227.19 controlled substance would be a felony under chapter 152; and 227.20 (3) all firearms, ammunition, and firearm accessories found: 227.21 (i) in a conveyance device used or intended for use to 227.22 commit or facilitate the commission of a felony offense 227.23 involving a controlled substance; 227.24 (ii) on or in proximity to a person from whom a felony 227.25 amount of controlled substance is seized; or 227.26 (iii) on the premises where a controlled substance is 227.27 seized and in proximity to the controlled substance, if 227.28 possession or sale of the controlled substance would be a felony 227.29 under chapter 152. 227.30 (4) The Department of Corrections' Fugitive Apprehension 227.31 Unit shall not seize items listed in clauses (2) and (3) for the 227.32 purposes of forfeiture. 227.33 (b) A claimant of the property bears the burden to rebut 227.34 this presumption. 227.35 [EFFECTIVE DATE.] This section is effective July 1, 2005. 227.36 Sec. 13. Minnesota Statutes 2004, section 609.5317, 228.1 subdivision 1, is amended to read: 228.2 Subdivision 1. [RENTAL PROPERTY.] (a) When contraband or a 228.3 controlled substance manufactured, distributed, or acquired in 228.4 violation of chapter 152 is seized on residential rental 228.5 property incident to a lawful search or arrest, the county 228.6 attorney shall give the notice required by this subdivision to 228.7 (1) the landlord of the property or the fee owner identified in 228.8 the records of the county assessor, and (2) the agent authorized 228.9 by the owner to accept service pursuant to section 504B.181. 228.10 The notice is not required during an ongoing investigation. The 228.11 notice shall state what has been seized and specify the 228.12 applicable duties and penalties under this subdivision. The 228.13 notice shall state that the landlord who chooses to assign the 228.14 right to bring an eviction action retains all rights and duties, 228.15 including removal of a tenant's personal property following 228.16 issuance of the writ of restitution and delivery of the writ to 228.17 the sheriff for execution. The notice shall also state that the 228.18 landlord may contact the county attorney if threatened by the 228.19 tenant. Notice shall be sent by certified letter, return 228.20 receipt requested, within 30 days of the seizure. If receipt is 228.21 not returned, notice shall be given in the manner provided by 228.22 law for service of summons in a civil action. 228.23 (b) Within 15 days after notice of the first occurrence, 228.24 the landlord shall bring, or assign to the county attorney of 228.25 the county in which the real property is located, the right to 228.26 bring an eviction action against the tenant. The assignment 228.27 must be in writing on a form prepared by the county attorney. 228.28 Should the landlord choose to assign the right to bring an 228.29 eviction action, the assignment shall be limited to those rights 228.30 and duties up to and including delivery of the writ of 228.31 restitution to the sheriff for execution. 228.32 (c) Upon notice of a second occurrence on any residential 228.33 rental property owned by the same landlord in the same county 228.34 and involving the same tenant, and within one year after notice 228.35 of the first occurrence, the property is subject to forfeiture 228.36 under sections 609.531, 609.5311, 609.5313, and 609.5315, unless 229.1 an eviction action has been commenced as provided in paragraph 229.2 (b) or the right to bring an eviction action was assigned to the 229.3 county attorney as provided in paragraph (b). If the right has 229.4 been assigned and not previously exercised, or if the county 229.5 attorney requests an assignment and the landlord makes an 229.6 assignment, the county attorney may bring an eviction action 229.7 rather than an action for forfeiture. 229.8 (d) The Department of Corrections' Fugitive Apprehension 229.9 Unit shall not seize real property for the purposes of 229.10 forfeiture as described in paragraphs (a) to (c). 229.11 [EFFECTIVE DATE.] This section is effective July 1, 2005. 229.12 Sec. 14. Minnesota Statutes 2004, section 609.5318, 229.13 subdivision 1, is amended to read: 229.14 Subdivision 1. [MOTOR VEHICLES SUBJECT TO FORFEITURE.] (a) 229.15 A motor vehicle is subject to forfeiture under this section if 229.16 the prosecutor establishes by clear and convincing evidence that 229.17 the vehicle was used in a violation of section 609.66, 229.18 subdivision 1e. The prosecutor need not establish that any 229.19 individual was convicted of the violation, but a conviction of 229.20 the owner for a violation of section 609.66, subdivision 1e, 229.21 creates a presumption that the vehicle was used in the violation. 229.22 (b) The Department of Corrections' Fugitive Apprehension 229.23 Unit shall not seize a motor vehicle for the purposes of 229.24 forfeiture under paragraph (a). 229.25 [EFFECTIVE DATE.] This section is effective July 1, 2005. 229.26 Sec. 15. Minnesota Statutes 2004, section 631.425, 229.27 subdivision 4, is amended to read: 229.28 Subd. 4. [CONFINEMENT WHEN NOT EMPLOYED.] Unless the court 229.29 otherwise directs, the sheriff or local correctional agency may 229.30 electronically monitor or confine in jail each inmatemust be229.31confined in jailduring the time the inmate is not employed, or, 229.32 if the inmate is employed, between the times of employment. The 229.33 sheriff may not electronically monitor an offender who is 229.34 sentenced for domestic assault under section 609.2242, unless 229.35 the court directs otherwise. The sheriff may assess the cost of 229.36 electronic monitoring on the offender. 230.1 [EFFECTIVE DATE.] This section is effective July 1, 2005. 230.2 Sec. 16. Minnesota Statutes 2004, section 641.21, is 230.3 amended to read: 230.4 641.21 [JAIL, ADVICE AS TO CONSTRUCTION.] 230.5 When any county board determines to purchase, lease or 230.6 erect a new jail, or to repair an existing one at an expense of 230.7 more than$5,000$15,000, it shall pass a resolution to that 230.8 effect, and transmit a copy thereof to the commissioner of 230.9 corrections, who, within 30 days thereafter, shall transmit to 230.10 that county board the advice and suggestions in reference to the 230.11 purchase, lease or construction thereof as the commissioner 230.12 deems proper. 230.13 [EFFECTIVE DATE.] This section is effective July 1, 2005. 230.14 Sec. 17. [REPEALER.] 230.15 Minnesota Statutes 2004, section 243.162, is repealed. 230.16 [EFFECTIVE DATE.] This section is effective July 1, 2005. 230.17 ARTICLE 14 230.18 COURTS AND PUBLIC DEFENDER 230.19 Section 1. Minnesota Statutes 2004, section 2.722, 230.20 subdivision 1, is amended to read: 230.21 Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the 230.22 state is divided into ten judicial districts composed of the 230.23 following named counties, respectively, in each of which 230.24 districts judges shall be chosen as hereinafter specified: 230.25 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 230.26 Sibley;3335 judges; and four permanent chambers shall be 230.27 maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 230.28 other shall be maintained at the place designated by the chief 230.29 judge of the district; 230.30 2. Ramsey; 26 judges; 230.31 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 230.32 Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent 230.33 chambers shall be maintained in Faribault, Albert Lea, Austin, 230.34 Rochester, and Winona; 230.35 4. Hennepin; 60 judges; 230.36 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 231.1 Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 231.2 Martin, and Jackson; 16 judges; and permanent chambers shall be 231.3 maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; 231.4 6. Carlton, St. Louis, Lake, and Cook; 15 judges; 231.5 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 231.6 Stearns, Todd, Clay, Becker, and Wadena;2528 judges; and 231.7 permanent chambers shall be maintained in Moorhead, Fergus 231.8 Falls, Little Falls, and St. Cloud; 231.9 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 231.10 Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 231.11 Traverse, and Wilkin; 11 judges; and permanent chambers shall be 231.12 maintained in Morris, Montevideo, and Willmar; 231.13 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 231.14 Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 231.15 Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 231.162223 judges; and permanent chambers shall be maintained in 231.17 Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 231.18 and International Falls; and 231.19 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 231.20 Chisago, and Washington;4144 judges; and permanent chambers 231.21 shall be maintained in Anoka, Stillwater, and other places 231.22 designated by the chief judge of the district. 231.23 [EFFECTIVE DATE.] This section is effective July 1, 2005. 231.24 Sec. 2. Minnesota Statutes 2004, section 357.021, 231.25 subdivision 6, is amended to read: 231.26 Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 231.27 (a) The court shall impose and the court administrator shall 231.28 collect a$60$70 surcharge on every person convicted of any 231.29 felony, gross misdemeanor, misdemeanor, or petty misdemeanor 231.30 offense, other than a violation of a law or ordinance relating 231.31 to vehicle parking, for which there shall be a$3$4 surcharge. 231.32 In the Second Judicial District, the court shall impose, and the 231.33 court administrator shall collect, an additional $1 surcharge on 231.34 every person convicted of any felony, gross misdemeanor, 231.35 misdemeanor, or petty misdemeanor offense,other thanincluding 231.36 a violation of a law or ordinance relating to vehicle parking, 232.1 if the Ramsey County Board of Commissioners authorizes the $1 232.2 surcharge. The surcharge shall be imposed whether or not the 232.3 person is sentenced to imprisonment or the sentence is stayed. 232.4 (b) If the court fails to impose a surcharge as required by 232.5 this subdivision, the court administrator shall show the 232.6 imposition of the surcharge, collect the surcharge and correct 232.7 the record. 232.8 (c) The court may not waive payment of the surcharge 232.9 required under this subdivision. Upon a showing of indigency or 232.10 undue hardship upon the convicted person or the convicted 232.11 person's immediate family, the sentencing court may authorize 232.12 payment of the surcharge in installments. 232.13 (d) The court administrator or other entity collecting a 232.14 surcharge shall forward it to the commissioner of finance. 232.15 (e) If the convicted person is sentenced to imprisonment 232.16 and has not paid the surcharge before the term of imprisonment 232.17 begins, the chief executive officer of the correctional facility 232.18 in which the convicted person is incarcerated shall collect the 232.19 surcharge from any earnings the inmate accrues from work 232.20 performed in the facility or while on conditional release. The 232.21 chief executive officer shall forward the amount collected to 232.22 the commissioner of finance. 232.23 [EFFECTIVE DATE.] This section is effective July 1, 2005. 232.24 Sec. 3. Minnesota Statutes 2004, section 357.021, 232.25 subdivision 7, is amended to read: 232.26 Subd. 7. [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF 232.27 FINANCE.] (a) Except as provided in paragraphs (b), (c), and 232.28 (d), the commissioner of finance shall disburse surcharges 232.29 received under subdivision 6 and section 97A.065, subdivision 2, 232.30 as follows: 232.31 (1) one percent shall be credited to the game and fish fund 232.32 to provide peace officer training for employees of the 232.33 Department of Natural Resources who are licensed under sections 232.34 626.84 to 626.863, and who possess peace officer authority for 232.35 the purpose of enforcing game and fish laws; 232.36 (2) 39 percent shall be credited to the peace officers 233.1 training account in the special revenue fund; and 233.2 (3) 60 percent shall be credited to the general fund. 233.3 (b) The commissioner of finance shall credit $3 of each 233.4 surcharge received under subdivision 6 and section 97A.065, 233.5 subdivision 2, to the general fund. 233.6 (c) In addition to any amounts credited under paragraph 233.7 (a), the commissioner of finance shall credit$32$42 of each 233.8 surcharge received under subdivision 6 and section 97A.065, 233.9 subdivision 2, and the $3 parking surcharge, to the general fund. 233.10 (d) If the Ramsey County Board of Commissioners authorizes 233.11 imposition of the additional $1 surcharge provided for in 233.12 subdivision 6, paragraph (a), the court administrator in the 233.13 Second Judicial District shallwithhold $1 from each surcharge233.14collected under subdivision 6. The court administrator must use233.15the withheld funds solely to fund the petty misdemeanor233.16diversion program administered by the Ramsey County Violations233.17Bureau. The court administrator must transfer any unencumbered233.18portion of the funds received under this subdivision to the233.19commissioner of finance for distribution according to paragraphs233.20(a) to (c)transmit the surcharge to the commissioner of finance. 233.21 The $1 special surcharge is deposited in a Ramsey County 233.22 surcharge account in the special revenue fund and amounts in the 233.23 account are appropriated to the trial courts for the 233.24 administration of the petty misdemeanor diversion program 233.25 operated by the Second Judicial District Ramsey County 233.26 Violations Bureau. 233.27 [EFFECTIVE DATE.] The change to paragraph (c) is effective 233.28 July 1, 2005. The changes to paragraph (d) are effective either 233.29 the day after the governing body of Ramsey County authorizes 233.30 imposition of the surcharge, or July 1, 2005, whichever is the 233.31 later date, and applies to convictions on or after that date. 233.32 Sec. 4. Minnesota Statutes 2004, section 357.18, 233.33 subdivision 3, is amended to read: 233.34 Subd. 3. [SURCHARGE.] In addition to the fees imposed in 233.35 subdivision 1, a$4.50$8.50 surcharge shall be collected: on 233.36 each fee charged under subdivision 1, clauses (1) and (6), and 234.1 for each abstract certificate under subdivision 1, clause (4). 234.2 Fifty cents of each surcharge shall be retained by the county to 234.3 cover its administrative costs and$4$8 shall be paid to the 234.4 state treasury and credited to the general fund. 234.5 [EFFECTIVE DATE.] This section is effective July 1, 2005. 234.6 Sec. 5. Minnesota Statutes 2004, section 508.82, 234.7 subdivision 1, is amended to read: 234.8 Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid 234.9 to the registrar shall be as follows: 234.10 (1) of the fees provided herein, five percent of the fees 234.11 collected under clauses (3), (5), (11), (13), (14), (16), and 234.12 (17), for filing or memorializing shall be paid to the 234.13 commissioner of finance and credited to the general fund; plus a 234.14$4.50$8.50 surcharge shall be charged and collected in addition 234.15 to the total fees charged for each transaction under clauses 234.16 (2), (3), (5), (11), (13), (14), (16), and (17), with 50 cents 234.17 of this surcharge to be retained by the county to cover its 234.18 administrative costs, and$4$8 to be paid to the state treasury 234.19 and credited to the general fund; 234.20 (2) for registering a first certificate of title, including 234.21 issuing a copy of it, $30; 234.22 (3) for registering each instrument transferring the fee 234.23 simple title for which a new certificate of title is issued and 234.24 for the registration of the new certificate of title, including 234.25 a copy of it, $30; 234.26 (4) for issuance of a CECT pursuant to section 508.351, 234.27 $15; 234.28 (5) for the entry of each memorial on a certificate, $15; 234.29 (6) for issuing each residue certificate, $20; 234.30 (7) for exchange certificates, $10 for each certificate 234.31 canceled and $10 for each new certificate issued; 234.32 (8) for each certificate showing condition of the register, 234.33 $10; 234.34 (9) for any certified copy of any instrument or writing on 234.35 file in the registrar's office, the same fees allowed by law to 234.36 county recorders for like services; 235.1 (10) for a noncertified copy of any certificate of title, 235.2 other than the copies issued under clauses (2) and (3), any 235.3 instrument or writing on file in the office of the registrar of 235.4 titles, or any specified page or part of it, an amount as 235.5 determined by the county board for each page or fraction of a 235.6 page specified. If computer or microfilm printers are used to 235.7 reproduce the instrument or writing, a like amount per image; 235.8 (11) for filing two copies of any plat in the office of the 235.9 registrar, $30; 235.10 (12) for any other service under this chapter, such fee as 235.11 the court shall determine; 235.12 (13) for filing an amendment to a declaration in accordance 235.13 with chapter 515, $10 for each certificate upon which the 235.14 document is registered and $30 for an amended floor plan filed 235.15 in accordance with chapter 515; 235.16 (14) for filing an amendment to a common interest community 235.17 declaration and plat or amendment complying with section 235.18 515B.2-110, subsection (c), $10 for each certificate upon which 235.19 the document is registered and $30 for the filing of the 235.20 condominium or common interest community plat or amendment; 235.21 (15) for a copy of a condominium floor plan filed in 235.22 accordance with chapter 515, or a copy of a common interest 235.23 community plat complying with section 515B.2-110, subsection 235.24 (c), the fee shall be $1 for each page of the floor plan or 235.25 common interest community plat with a minimum fee of $10; 235.26 (16) for the filing of a certified copy of a plat of the 235.27 survey pursuant to section 508.23 or 508.671, $10; 235.28 (17) for filing a registered land survey in triplicate in 235.29 accordance with section 508.47, subdivision 4, $30; and 235.30 (18) for furnishing a certified copy of a registered land 235.31 survey in accordance with section 508.47, subdivision 4, $10. 235.32 [EFFECTIVE DATE.] This section is effective July 1, 2005. 235.33 Sec. 6. Minnesota Statutes 2004, section 508A.82, 235.34 subdivision 1, is amended to read: 235.35 Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid 235.36 to the registrar shall be as follows: 236.1 (1) of the fees provided herein, five percent of the fees 236.2 collected under clauses (3), (5), (11), (13), (14), and (17), 236.3 for filing or memorializing shall be paid to the commissioner of 236.4 finance and credited to the general fund; plus a$4.50$8.50 236.5 surcharge shall be charged and collected in addition to the 236.6 total fees charged for each transaction under clauses (2), (3), 236.7 (5), (11), (13), (14), and (17), with 50 cents of this surcharge 236.8 to be retained by the county to cover its administrative costs, 236.9 and$4$8 to be paid to the state treasury and credited to the 236.10 general fund; 236.11 (2) for registering a first CPT, including issuing a copy 236.12 of it, $30; 236.13 (3) for registering each instrument transferring the fee 236.14 simple title for which a new CPT is issued and for the 236.15 registration of the new CPT, including a copy of it, $30; 236.16 (4) for issuance of a CECT pursuant to section 508A.351, 236.17 $15; 236.18 (5) for the entry of each memorial on a CPT, $15; 236.19 (6) for issuing each residue CPT, $20; 236.20 (7) for exchange CPTs or combined certificates of title, 236.21 $10 for each CPT and certificate of title canceled and $10 for 236.22 each new CPT or combined certificate of title issued; 236.23 (8) for each CPT showing condition of the register, $10; 236.24 (9) for any certified copy of any instrument or writing on 236.25 file in the registrar's office, the same fees allowed by law to 236.26 county recorders for like services; 236.27 (10) for a noncertified copy of any CPT, other than the 236.28 copies issued under clauses (2) and (3), any instrument or 236.29 writing on file in the office of the registrar of titles, or any 236.30 specified page or part of it, an amount as determined by the 236.31 county board for each page or fraction of a page specified. If 236.32 computer or microfilm printers are used to reproduce the 236.33 instrument or writing, a like amount per image; 236.34 (11) for filing two copies of any plat in the office of the 236.35 registrar, $30; 236.36 (12) for any other service under sections 508A.01 to 237.1 508A.85, the fee the court shall determine; 237.2 (13) for filing an amendment to a declaration in accordance 237.3 with chapter 515, $10 for each certificate upon which the 237.4 document is registered and $30 for an amended floor plan filed 237.5 in accordance with chapter 515; 237.6 (14) for filing an amendment to a common interest community 237.7 declaration and plat or amendment complying with section 237.8 515B.2-110, subsection (c), and issuing a CECT if required, $10 237.9 for each certificate upon which the document is registered and 237.10 $30 for the filing of the condominium or common interest 237.11 community plat or amendment; 237.12 (15) for a copy of a condominium floor plan filed in 237.13 accordance with chapter 515, or a copy of a common interest 237.14 community plat complying with section 515B.2-110, subsection 237.15 (c), the fee shall be $1 for each page of the floor plan, or 237.16 common interest community plat with a minimum fee of $10; 237.17 (16) in counties in which the compensation of the examiner 237.18 of titles is paid in the same manner as the compensation of 237.19 other county employees, for each parcel of land contained in the 237.20 application for a CPT, as the number of parcels is determined by 237.21 the examiner, a fee which is reasonable and which reflects the 237.22 actual cost to the county, established by the board of county 237.23 commissioners of the county in which the land is located; 237.24 (17) for filing a registered land survey in triplicate in 237.25 accordance with section 508A.47, subdivision 4, $30; and 237.26 (18) for furnishing a certified copy of a registered land 237.27 survey in accordance with section 508A.47, subdivision 4, $10. 237.28 [EFFECTIVE DATE.] This section is effective July 1, 2005. 237.29 Sec. 7. [545A.01] [APPEAL OF PRETRIAL ORDERS; ATTORNEY 237.30 FEES; DEFENDANT; NOT GOVERNMENT RESPONSIBILITY.] 237.31 (a) Notwithstanding Rule 28.04, subdivision 2, clause (6), 237.32 of the Rules of Criminal Procedure, the government unit is not 237.33 required to pay the attorney fees and costs incurred by the 237.34 defendant on the unit's appeal of the following: 237.35 (1) in any case, from a pretrial order of the trial court; 237.36 (2) in felony cases, from any sentence imposed or stayed by 238.1 the trial court; 238.2 (3) in any case, from an order granting postconviction 238.3 relief; 238.4 (4) in any case, from a judgment of acquittal by the trial 238.5 court entered after the jury returns a verdict of guilty under 238.6 Rule 26.03, subdivision 17, clause (2) or (3), of the Rules of 238.7 Criminal Procedure; and 238.8 (5) in any case, from an order of the trial court vacating 238.9 judgment and dismissing the case made after the jury returns a 238.10 verdict of guilty under Rule 26.04, subdivision 2, of the Rules 238.11 of Criminal Procedure. 238.12 (b) Paragraph (a) does not apply if the defendant is 238.13 represented by the public defender in this matter. 238.14 [EFFECTIVE DATE.] This section is effective July 1, 2005. 238.15 Sec. 8. Minnesota Statutes 2004, section 590.01, 238.16 subdivision 1, is amended to read: 238.17 Subdivision 1. [PETITION.] Except at a time when direct 238.18 appellate relief is available, a person convicted of a crime, 238.19 who claims that: 238.20 (1) the conviction obtained or the sentence or other 238.21 disposition made violated the person's rights under the 238.22 Constitution or laws of the United States or of the state; or 238.23 (2) scientific evidence not available at trial, obtained 238.24 pursuant to a motion granted under subdivision 1a, establishes 238.25 the petitioner's actual innocence; 238.26 may commence a proceeding to secure relief by filing a petition 238.27 in the district court in the county in which the conviction was 238.28 had to vacate and set aside the judgment and to discharge the 238.29 petitioner or to resentence the petitioner or grant a new trial 238.30 or correct the sentence or make other disposition as may be 238.31 appropriate. A petition for postconviction relief after a 238.32 direct appeal has been completed may not be based on grounds 238.33 that could have been raised on direct appeal of the conviction 238.34 or sentence. Nothing contained herein shall prevent the Supreme 238.35 Court or the Court of Appeals, upon application by a party, from 238.36 granting a stay of a case on appeal for the purpose of allowing 239.1 an appellant to apply to the district court for an evidentiary 239.2 hearing under the provisions of this chapter. The proceeding 239.3 shall conform with sections 590.01 to 590.06. 239.4 [EFFECTIVE DATE.] This section is effective August 1, 2005. 239.5 Sec. 9. Minnesota Statutes 2004, section 590.01, is 239.6 amended by adding a subdivision to read: 239.7 Subd. 4. [TIME LIMIT.] (a) No petition for postconviction 239.8 relief may be filed more than two years after the later of: 239.9 (1) the entry of judgment of conviction or sentence if no 239.10 direct appeal is filed; or 239.11 (2) an appellate court's disposition of petitioner's direct 239.12 appeal. 239.13 (b) Notwithstanding paragraph (a), a court may hear a 239.14 petition for postconviction relief if: 239.15 (1) the petitioner establishes that a physical disability 239.16 or mental disease precluded a timely assertion of the claim; 239.17 (2) the petitioner alleges the existence of newly 239.18 discovered evidence, including scientific evidence, that could 239.19 not have been ascertained by the exercise of due diligence by 239.20 the petitioner or petitioner's attorney within the two-year time 239.21 period for filing a postconviction petition, and the evidence is 239.22 not cumulative to evidence presented at trial, is not for 239.23 impeachment purposes, and establishes by a clear and convincing 239.24 standard that the petitioner is innocent of the offense or 239.25 offenses for which the petitioner was convicted; 239.26 (3) the petitioner asserts a new interpretation of federal 239.27 or state constitutional or statutory law by either the United 239.28 States Supreme Court or a Minnesota appellate court and the 239.29 petitioner establishes that this interpretation is retroactively 239.30 applicable to the petitioner's case; 239.31 (4) the petition is brought pursuant to subdivision 3; or 239.32 (5) the petitioner establishes to the satisfaction of the 239.33 court that the petition is not frivolous and is in the interests 239.34 of justice. 239.35 (c) Any petition invoking an exception provided in 239.36 paragraph (b) must be filed within two years of the date the 240.1 claim arises. 240.2 [EFFECTIVE DATE.] This section is effective August 1, 2005. 240.3 Any person whose conviction became final before August 1, 2005, 240.4 shall have two years after the effective date of this act to 240.5 file a petition for postconviction relief. 240.6 Sec. 10. Minnesota Statutes 2004, section 611.14, is 240.7 amended to read: 240.8 611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 240.9 The following persons who are financially unable to obtain 240.10 counsel are entitled to be represented by a public defender: 240.11 (1) a person charged with a felony, gross misdemeanor, or 240.12 misdemeanor including a person charged under sections 629.01 to 240.13 629.29; 240.14 (2) a person appealing from a conviction of a felony or 240.15 gross misdemeanor, or a person convicted of a felony or gross 240.16 misdemeanor, who is pursuing a postconviction proceeding and who 240.17 has not already had a direct appeal of the conviction, but if 240.18 the person pled guilty and received a presumptive sentence or a 240.19 downward departure in sentence, and the state public defender 240.20 reviewed the person's case and determined that there was no 240.21 basis for an appeal of the conviction or of the sentence, then 240.22 the state public defender may decline to represent the person in 240.23 a postconviction remedy case; 240.24 (3) a person who is entitled to be represented by counsel 240.25 under section 609.14, subdivision 2; or 240.26 (4) a minor ten years of age or older who is entitled to be 240.27 represented by counsel under section 260B.163, subdivision 4, or 240.28 260C.163, subdivision 3. 240.29 The Board of Public Defense must not provide or pay for 240.30 public defender services to persons other than those entitled to 240.31 representation under this section. 240.32 [EFFECTIVE DATE.] This section is effective July 1, 2005. 240.33 Sec. 11. Minnesota Statutes 2004, section 611.16, is 240.34 amended to read: 240.35 611.16 [REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.] 240.36 Any person described in section 611.14or any other person241.1entitled by law to representation by counsel,may at any time 241.2 request the court in which the matter is pending, or the court 241.3 in which the conviction occurred, to appoint a public defender 241.4 to represent the person. In a proceeding defined by clause (2) 241.5 of section 611.14, application for the appointment of a public 241.6 defender may also be made to a judge of the Supreme Court. 241.7 [EFFECTIVE DATE.] This section is effective July 1, 2005, 241.8 and applies to crimes committed on or after that date. 241.9 Sec. 12. Minnesota Statutes 2004, section 611.25, 241.10 subdivision 1, is amended to read: 241.11 Subdivision 1. [REPRESENTATION.] (a) The state public 241.12 defender shall represent, without charge: 241.13 (1) a defendant or other person appealing from a conviction 241.14 of a felony or gross misdemeanor; 241.15 (2) a person convicted of a felony or gross misdemeanor who 241.16 is pursuing a postconviction proceeding and who has not already 241.17 had a direct appeal of the conviction, but if the person pled 241.18 guilty and received a presumptive sentence or a downward 241.19 departure in sentence, and the state public defender reviewed 241.20 the person's case and determined that there was no basis for an 241.21 appeal of the conviction or of the sentence, then the state 241.22 public defender may decline to represent the person in a 241.23 postconviction remedy case; and 241.24 (3) a child who is appealing from a delinquency 241.25 adjudication or from an extended jurisdiction juvenile 241.26 conviction. 241.27 (b) The state public defender may represent, without 241.28 charge, all other persons pursuing a postconviction remedy under 241.29 section 590.01, who are financially unable to obtain counsel. 241.30 (c)The state public defender shall represent any other241.31person, who is financially unable to obtain counsel, when241.32directed to do so by the Supreme Court or the Court of Appeals,241.33except thatThe state public defender shall not represent a 241.34 person in any action or proceeding in which a party is seeking a 241.35 monetary judgment, recovery or award. When requested by a 241.36 district public defender or appointed counsel, the state public 242.1 defender may assist the district public defender, appointed 242.2 counsel, or an organization designated in section 611.216 in the 242.3 performance of duties, including trial representation in matters 242.4 involving legal conflicts of interest or other special 242.5 circumstances, and assistance with legal research and brief 242.6 preparation.When the state public defender is directed by a242.7court to represent a defendant or other person, the state public242.8defender may assign the representation to any district public242.9defender.242.10 [EFFECTIVE DATE.] This section is effective July 1, 2005, 242.11 and applies to crimes committed on or after that date. 242.12 Sec. 13. Minnesota Statutes 2004, section 611.272, is 242.13 amended to read: 242.14 611.272 [ACCESS TO GOVERNMENT DATA.] 242.15 The district public defender, the state public defender, or 242.16 an attorney working for a public defense corporation under 242.17 section 611.216 has access to the criminal justice data 242.18 communications network described in section 299C.46, as provided 242.19 in this section. Access to data under this section is limited 242.20 to dataregarding the public defender's own client asnecessary 242.21 to prepare criminal cases in which the public defender has been 242.22 appointed, includingas follows: 242.23 (1) access to data about witnesses in a criminal case shall 242.24 be limited to records of criminal convictions; and 242.25 (2) access to data regarding the public defender's own 242.26 client which includes, but is not limited to, criminal history 242.27 data under section 13.87; juvenile offender data under section 242.28 299C.095; warrant information data under section 299C.115; 242.29 incarceration data under section 299C.14; conditional release 242.30 data under section 299C.147; and diversion program data under 242.31 section 299C.46, subdivision 5. 242.32 The public defender has access to data under this section, 242.33 whether accessed via CriMNet or other methods. The public 242.34 defender does not have access to law enforcement active 242.35 investigative data under section 13.82, subdivision 7; data 242.36 protected under section 13.82, subdivision 17;orconfidential 243.1 arrest warrant indices data under section 13.82, subdivision 19; 243.2 or data systems maintained by a prosecuting attorney. The 243.3 public defender has access to the data at no charge, except for 243.4 the monthly network access charge under section 299C.46, 243.5 subdivision 3, paragraph (b), and a reasonable installation 243.6 charge for a terminal. Notwithstanding section 13.87, 243.7 subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, 243.8 or any other law to the contrary, there shall be no charge to 243.9 public defenders for Internet access to the criminal justice 243.10 data communications network. 243.11 [EFFECTIVE DATE.] This section is effective July 1, 2005. 243.12 Sec. 14. [611.273] [SURPLUS PROPERTY.] 243.13 Notwithstanding the provisions of Minnesota Statutes, 243.14 sections 15.054 and 16C.23, the Board of Public Defense, in its 243.15 sole discretion, may provide surplus computers to its part-time 243.16 employees for their use. 243.17 [EFFECTIVE DATE.] This section is effective July 1, 2005. 243.18 Sec. 15. Minnesota Statutes 2004, section 626.04, is 243.19 amended to read: 243.20 626.04 [PROPERTY; SEIZURE, KEEPING, AND DISPOSAL.] 243.21 (a) When any officer seizes, with or without warrant, any 243.22 property or thing, it shall be safely kept by direction of the 243.23 court as long as necessary for the purpose of being produced as 243.24 evidence on any trial. If the owner of the property makes a 243.25 written request to the seizing officer's agency for return of 243.26 the property, and the property has not been returned within 48 243.27 hours of the request, excluding Saturday, Sunday, or legal 243.28 holidays, the person whose property has been seized may file a 243.29 petition for the return of the property in the district court in 243.30 the district in which the property was seized. The court 243.31 administrator shall provide a form for use as a petition under 243.32 this section. A filing fee, equal to the civil motion filing 243.33 fee shall be required for filing the petition. The district 243.34 court shall send a copy of the petition to the agency acting as 243.35 custodian of the property with at least ten days notice of a 243.36 hearing date. A hearing on the petition shall be held within 30 244.1 days of filing unless good cause is shown for an extension of 244.2 time. The determination of the petition must be without jury 244.3 trial and by a simple and informal procedure. At the hearing, 244.4 the court may receive relevant evidence on any issue of fact 244.5 necessary to the decision on the petition without regard to 244.6 whether the evidence would be admissible under the Minnesota 244.7 Rules of Evidence. The court shall allow if requested, or on 244.8 its own motion may require, the custodian or the custodian's 244.9 designee to summarize the status and progress of an ongoing 244.10 investigation that led to the seizure. Any such summary shall 244.11 be done ex parte and only the custodian, the custodian's 244.12 designee, and their attorneys may be present with the court and 244.13 court staff. The court shall seal the ex parte record. After a 244.14 hearing, the court shall not order the return if it finds that: 244.15 (1) the property is being held in good faith as potential 244.16 evidence in any matter, charged or uncharged; 244.17 (2) the property may be subject to forfeiture proceedings; 244.18 (3) the property is contraband or may contain contraband; 244.19 or 244.20 (4) the property is subject to other lawful retention. 244.21 (b) The court shall make findings on each of these issues 244.22 as part of its order. If the property is ordered returned, the 244.23 petitioner shall not be liable for any storage costs incurred 244.24 from the date the petition was filed. If the petition is 244.25 denied, the court may award reasonable costs and attorney fees. 244.26 After the trial for which the property was being held as 244.27 potential evidence, and the expiration date for all associated 244.28 appeals, the property or thing shall, unless otherwise subject 244.29 to lawful detention, be returned to its owner or any other 244.30 person entitled to possess it. Any property or thing seized may 244.31 be destroyed or otherwise disposed of under the direction of the 244.32 court. Any money found in gambling devices when seized shall be 244.33 paid into the county treasury. If the gambling devices are 244.34 seized by a police officer of a municipality, the money shall be 244.35 paid into the treasury of the municipality. 244.36 Sec. 16. [COLLATERAL SANCTIONS CROSS-REFERENCES; CREATION 245.1 OF A NEW TABLE.] 245.2 Subdivision 1. [DEFINITIONS.] For purposes of this section: 245.3 (1) "automatically" means either by operation of law or by 245.4 the mandated action of a designated official or agency; and 245.5 (2) "collateral sanction" means a legal penalty, 245.6 disability, or disadvantage, however denominated, that is 245.7 imposed on a person automatically when that person is convicted 245.8 of or found to have committed a crime, even if the sanction is 245.9 not included in the sentence. Collateral sanction does not 245.10 include: 245.11 (i) a direct consequence of the crime such as a criminal 245.12 fine, restitution, or incarceration; or 245.13 (ii) a requirement imposed by the sentencing court or other 245.14 designated official or agency that the convicted person provide 245.15 a biological specimen for DNA analysis, provide fingerprints, or 245.16 submit to any form of assessment or testing. 245.17 Subd. 2. [REVISOR INSTRUCTION.] The revisor of statutes 245.18 shall publish a table in Minnesota Statutes that contains 245.19 cross-references to Minnesota laws imposing collateral 245.20 sanctions. The revisor shall create a structure that 245.21 categorizes these laws in a useful way to users and provides 245.22 them with quick access to the cross-referenced laws. The 245.23 revisor may consider, but is not limited to, using the following 245.24 categories in the new table: 245.25 (1) collateral sanctions relating to employment and 245.26 occupational licensing; 245.27 (2) collateral sanctions relating to driving and motor 245.28 vehicles; 245.29 (3) collateral sanctions relating to public safety; 245.30 (4) collateral sanctions relating to eligibility for 245.31 services and benefits; 245.32 (5) collateral sanctions relating to property rights; 245.33 (6) collateral sanctions relating to civil rights and 245.34 remedies; and 245.35 (7) collateral sanctions relating to recreational 245.36 activities. 246.1 Subd. 3. [CAUTIONARY LANGUAGE.] The revisor shall include 246.2 appropriate cautionary language with the table that notifies 246.3 users of the following types of issues: 246.4 (1) that the list of collateral sanctions laws is intended 246.5 to be comprehensive but is not necessarily complete; 246.6 (2) that the inclusion or exclusion of a collateral 246.7 sanction is not intended to have any substantive legal effect; 246.8 (3) that the cross-references used are intended solely to 246.9 indicate the contents of the cross-referenced section or 246.10 subdivision and are not part of the cross-referenced statute; 246.11 (4) that the cross-references are not substantive and may 246.12 not be used to construe or limit the meaning of any statutory 246.13 language; and 246.14 (5) that users must consult the language of each 246.15 cross-referenced law to fully understand the scope and effect of 246.16 the collateral sanction it imposes. 246.17 Subd. 4. [CONSULTATION WITH LEGISLATORS AND LEGISLATIVE 246.18 STAFF.] The revisor shall consult with legislative staff and the 246.19 chairs of the senate and house committees having jurisdiction 246.20 over criminal justice matters to identify laws that impose 246.21 collateral sanctions and develop the appropriate categories and 246.22 cross-references to use in the new table. 246.23 [EFFECTIVE DATE.] This section is effective July 1, 2005. 246.24 Sec. 17. [RAMSEY COUNTY COURT COMMISSIONER.] 246.25 The chief justice of the Supreme Court may assign a retired 246.26 court commissioner to act in Ramsey County as a commissioner of 246.27 the district court. The commissioner may perform duties 246.28 assigned by the chief judge of the judicial district with the 246.29 powers provided by Minnesota Statutes, section 489.02. This 246.30 section expires December 31, 2025. 246.31 [EFFECTIVE DATE.] This section is effective July 1, 2005. 246.32 Sec. 18. [REPEALER.] 246.33 Minnesota Statutes 2004, sections 611.18 and 624.04 are 246.34 repealed. 246.35 [EFFECTIVE DATE.] This section is effective July 1, 2005. 246.36 ARTICLE 15 247.1 CHILD PROTECTION 247.2 Section 1. Minnesota Statutes 2004, section 259.24, 247.3 subdivision 1, is amended to read: 247.4 Subdivision 1. [EXCEPTIONS.] No child shall be adopted 247.5 without the consent of the child's parents and the child's 247.6 guardian, if there be one, except in the following instances: 247.7 (a) Consent shall not be required of a parent not entitled 247.8 to notice of the proceedings. 247.9 (b) Consent shall not be required of a parent who has 247.10 abandoned the child, or of a parent who has lost custody of the 247.11 child through a divorce decree or a decree of dissolution, and 247.12 upon whom notice has been served as required by section 259.49. 247.13 (c) Consent shall not be required of a parent whose 247.14 parental rights to the child have been terminated by a juvenile 247.15 court or who has lost custody of a child through a final 247.16 commitment of the juvenile court or through a decree in a prior 247.17 adoption proceeding. 247.18 (d) If there be no parent or guardian qualified to consent 247.19 to the adoption, the consentmayshall be given by the 247.20 commissioner. After the court accepts a parent's consent to the 247.21 adoption under section 260C.201, subdivision 11, consent by the 247.22 commissioner or commissioner's delegate is also necessary. 247.23 Agreement to the identified prospective adoptive parent by the 247.24 responsible social services agency under section 260C.201, 247.25 subdivision 11, does not constitute the required consent. 247.26 (e) The commissioner or agency having authority to place a 247.27 child for adoption pursuant to section 259.25, subdivision 1, 247.28 shall have the exclusive right to consent to the adoption of 247.29 such child. The commissioner or agency shall make every effort 247.30 to place siblings together for adoption. Notwithstanding any 247.31 rule to the contrary, the commissioner may delegate the right to 247.32 consent to the adoption or separation of siblings, if it is in 247.33 the child's best interest, to a local social services agency. 247.34 Sec. 2. Minnesota Statutes 2004, section 259.24, 247.35 subdivision 2a, is amended to read: 247.36 Subd. 2a. [TIME OF CONSENT; NOTICE OF INTENT TO CONSENT TO 248.1 ADOPTION.] (a) Not sooner than 72 hours after the birth of a 248.2 child and not later than 60 days after the child's placement in 248.3 a prospective adoptive home, a person whose consent is required 248.4 under this section shall execute a consent. 248.5 (b) Unless all birth parents from whom consent is required 248.6 under this section are involved in making the adoptive placement 248.7 and intend to consent to the adoption, a birth parent who 248.8 intends to execute a consent to an adoption must give notice to 248.9 the child's other birth parent of the intent to consent to the 248.10 adoption prior to or within 72 hours following the placement of 248.11 the child, if the other birth parent's consent to the adoption 248.12 is required under subdivision 1. The birth parent who receives 248.13 notice shall have 60 days after the placement of the child to 248.14 either consent or refuse to consent to the adoption. If the 248.15 birth parent who receives notice fails to take either of these 248.16 actions, that parent shall be deemed to have irrevocably 248.17 consented to the child's adoption. The notice provisions of 248.18 chapter 260C and the rules of juvenile protection procedure 248.19 shall apply to both parents when the consent to adopt is 248.20 executed under section 260C.201, subdivision 11. 248.21 (c) When notice is required under this subdivision, it 248.22 shall be provided to the other birth parent according to the 248.23 Rules of Civil Procedure for service of a summons and complaint. 248.24 Sec. 3. Minnesota Statutes 2004, section 259.24, 248.25 subdivision 5, is amended to read: 248.26 Subd. 5. [EXECUTION.] All consents to an adoption shall be 248.27 in writing, executed before two competent witnesses, and 248.28 acknowledged by the consenting party. In addition, all consents 248.29 to an adoption, except those by the commissioner, the 248.30 commissioner's agent, a licensed child-placing agency, an adult 248.31 adoptee, or the child's parent in a petition for adoption by a 248.32 stepparent, shall be executed before a representative of the 248.33 commissioner, the commissioner's agent, or a licensed 248.34 child-placing agency. All consents by a parent: 248.35 (1) shall contain notice to the parent of the substance of 248.36 subdivision 6a, providing for the right to withdraw 249.1 consent unless the parent will not have the right to withdraw 249.2 consent because consent was executed under section 260C.201, 249.3 subdivision 11, following proper notice that consent given under 249.4 that provision is irrevocable upon acceptance by the court as 249.5 provided in subdivision 6a; and 249.6 (2) shall contain the following written notice in all 249.7 capital letters at least one-eighth inch high: 249.8 "This agency will submit your consent to adoption to the 249.9 court. The consent itself does not terminate your parental 249.10 rights. Parental rights to a child may be terminated only by an 249.11 adoption decree or by a court order terminating parental 249.12 rights. Unless the child is adopted or your parental rights are 249.13 terminated, you may be asked to support the child." 249.14 Consents shall be filed in the adoption proceedings at any 249.15 time before the matter is heard provided, however, that a 249.16 consent executed and acknowledged outside of this state, either 249.17 in accordance with the law of this state or in accordance with 249.18 the law of the place where executed, is valid. 249.19 Sec. 4. Minnesota Statutes 2004, section 259.24, 249.20 subdivision 6a, is amended to read: 249.21 Subd. 6a. [WITHDRAWAL OF CONSENT.] Except for consents 249.22 executed under section 260C.201, subdivision 11, a parent's 249.23 consent to adoption may be withdrawn for any reason within ten 249.24 working days after the consent is executed and acknowledged. 249.25 Written notification of withdrawal of consent must be received 249.26 by the agency to which the child was surrendered no later than 249.27 the tenth working day after the consent is executed and 249.28 acknowledged. On the day following the tenth working day after 249.29 execution and acknowledgment, the consent shall become 249.30 irrevocable, except upon order of a court of competent 249.31 jurisdiction after written findings that consent was obtained by 249.32 fraud. A consent to adopt executed under section 260C.201, 249.33 subdivision 11, is irrevocable upon proper notice to both 249.34 parents of the effect of a consent to adopt and acceptance by 249.35 the court, except upon order of the same court after written 249.36 findings that the consent was obtained by fraud. In proceedings 250.1 to determine the existence of fraud, the adoptive parents and 250.2 the child shall be made parties. The proceedings shall be 250.3 conducted to preserve the confidentiality of the adoption 250.4 process. There shall be no presumption in the proceedings 250.5 favoring the birth parents over the adoptive parents. 250.6 Sec. 5. Minnesota Statutes 2004, section 260C.201, 250.7 subdivision 11, is amended to read: 250.8 Subd. 11. [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT 250.9 PLACEMENT DETERMINATION.] (a) This subdivision and subdivision 250.10 11a do not apply in cases where the child is in placement due 250.11 solely to the child's developmental disability or emotional 250.12 disturbance, where legal custody has not been transferred to the 250.13 responsible social services agency, and where the court finds 250.14 compelling reasons under section 260C.007, subdivision 8, to 250.15 continue the child in foster care past the time periods 250.16 specified in this subdivision. Foster care placements of 250.17 children due solely to their disability are governed by section 250.18 260C.141, subdivision 2b. In all other cases where the child is 250.19 in foster care or in the care of a noncustodial parent under 250.20 subdivision 1, the court shall conduct a hearing to determine 250.21 the permanent status of a child not later than 12 months after 250.22 the child is placed in foster care or in the care of a 250.23 noncustodial parent. 250.24 For purposes of this subdivision, the date of the child's 250.25 placement in foster care is the earlier of the first 250.26 court-ordered placement or 60 days after the date on which the 250.27 child has been voluntarily placed in foster care by the child's 250.28 parent or guardian. For purposes of this subdivision, time 250.29 spent by a child under the protective supervision of the 250.30 responsible social services agency in the home of a noncustodial 250.31 parent pursuant to an order under subdivision 1 counts towards 250.32 the requirement of a permanency hearing under this subdivision 250.33 or subdivision 11a. 250.34 For purposes of this subdivision, 12 months is calculated 250.35 as follows: 250.36 (1) during the pendency of a petition alleging that a child 251.1 is in need of protection or services, all time periods when a 251.2 child is placed in foster care or in the home of a noncustodial 251.3 parent are cumulated; 251.4 (2) if a child has been placed in foster care within the 251.5 previous five years under one or more previous petitions, the 251.6 lengths of all prior time periods when the child was placed in 251.7 foster care within the previous five years are cumulated. If a 251.8 child under this clause has been in foster care for 12 months or 251.9 more, the court, if it is in the best interests of the child and 251.10 for compelling reasons, may extend the total time the child may 251.11 continue out of the home under the current petition up to an 251.12 additional six months before making a permanency determination. 251.13 (b) Unless the responsible social services agency 251.14 recommends return of the child to the custodial parent or 251.15 parents, not later than 30 days prior to this hearing, the 251.16 responsible social services agency shall file pleadings in 251.17 juvenile court to establish the basis for the juvenile court to 251.18 order permanent placement of the child according to paragraph 251.19 (d). Notice of the hearing and copies of the pleadings must be 251.20 provided pursuant to section 260C.152. If a termination of 251.21 parental rights petition is filed before the date required for 251.22 the permanency planning determination and there is a trial under 251.23 section 260C.163 scheduled on that petition within 90 days of 251.24 the filing of the petition, no hearing need be conducted under 251.25 this subdivision. 251.26 (c) At the conclusion of the hearing, the court shall order 251.27 the child returned to the care of the parent or guardian from 251.28 whom the child was removed or order a permanent placement in the 251.29 child's best interests. The "best interests of the child" means 251.30 all relevant factors to be considered and evaluated. Transfer 251.31 of permanent legal and physical custody, termination of parental 251.32 rights, or guardianship and legal custody to the commissioner 251.33 through a consent to adopt are preferred permanency options for 251.34 a child who cannot return home. 251.35 (d) If the child is not returned to the home, the court 251.36 must order one of the following dispositions: 252.1 (1) permanent legal and physical custody to a relative in 252.2 the best interests of the child according to the following 252.3 conditions: 252.4 (i) an order for transfer of permanent legal and physical 252.5 custody to a relative shall only be made after the court has 252.6 reviewed the suitability of the prospective legal and physical 252.7 custodian; 252.8 (ii) in transferring permanent legal and physical custody 252.9 to a relative, the juvenile court shall follow the standards 252.10 applicable under this chapter and chapter 260, and the 252.11 procedures set out in the juvenile court rules; 252.12 (iii) an order establishing permanent legal and physical 252.13 custody under this subdivision must be filed with the family 252.14 court; 252.15 (iv) a transfer of legal and physical custody includes 252.16 responsibility for the protection, education, care, and control 252.17 of the child and decision making on behalf of the child; 252.18 (v) the social services agency may bring a petition or 252.19 motion naming a fit and willing relative as a proposed permanent 252.20 legal and physical custodian. The commissioner of human 252.21 services shall annually prepare for counties information that 252.22 must be given to proposed custodians about their legal rights 252.23 and obligations as custodians together with information on 252.24 financial and medical benefits for which the child is eligible; 252.25 and 252.26 (vi) the juvenile court may maintain jurisdiction over the 252.27 responsible social services agency, the parents or guardian of 252.28 the child, the child, and the permanent legal and physical 252.29 custodian for purposes of ensuring appropriate services are 252.30 delivered to the child and permanent legal custodian or for the 252.31 purpose of ensuring conditions ordered by the court related to 252.32 the care and custody of the child are met; 252.33 (2) termination of parental rights according to the 252.34 following conditions: 252.35 (i) unless the social services agency has already filed a 252.36 petition for termination of parental rights under section 253.1 260C.307, the court may order such a petition filed and all the 253.2 requirements of sections 260C.301 to 260C.328 remain applicable; 253.3 and 253.4 (ii) an adoption completed subsequent to a determination 253.5 under this subdivision may include an agreement for 253.6 communication or contact under section 259.58; 253.7 (3) long-term foster care according to the following 253.8 conditions: 253.9 (i) the court may order a child into long-term foster care 253.10 only if it finds compelling reasons that neither an award of 253.11 permanent legal and physical custody to a relative, nor 253.12 termination of parental rights is in the child's best interests; 253.13 and 253.14 (ii) further, the court may only order long-term foster 253.15 care for the child under this section if it finds the following: 253.16 (A) the child has reached age 12 and reasonable efforts by 253.17 the responsible social services agency have failed to locate an 253.18 adoptive family for the child; or 253.19 (B) the child is a sibling of a child described in subitem 253.20 (A) and the siblings have a significant positive relationship 253.21 and are ordered into the same long-term foster care home; 253.22 (4) foster care for a specified period of time according to 253.23 the following conditions: 253.24 (i) foster care for a specified period of time may be 253.25 ordered only if: 253.26 (A) the sole basis for an adjudication that the child is in 253.27 need of protection or services is the child's behavior; 253.28 (B) the court finds that foster care for a specified period 253.29 of time is in the best interests of the child; and 253.30 (C) the court finds compelling reasons that neither an 253.31 award of permanent legal and physical custody to a relative, nor 253.32 termination of parental rights is in the child's best interests; 253.33 (ii) the order does not specify that the child continue in 253.34 foster care for any period exceeding one year; or 253.35 (5) guardianship and legal custody to the commissioner of 253.36 human services under the following procedures and conditions: 254.1 (i) there is an identified prospective adoptive home that 254.2 has agreed to adopt the child and agreed to by the responsible 254.3 social services agency having legal custody of the child 254.4 pursuant to court order under this section and the court accepts 254.5 the parent's voluntary consent to adopt under section 259.24; 254.6 (ii) if the court accepts a consent to adopt in lieu of 254.7 ordering one of the other enumerated permanency dispositions, 254.8 the court must review the matter at least every 90 days. The 254.9 review will address the reasonable efforts of the agency to 254.10 achieve a finalized adoption; 254.11 (iii) a consent to adopt under this clause vests all legal 254.12 authority regarding the child, including guardianship and legal 254.13 custody of the child, with the commissioner of human services as 254.14 if the child were a state ward after termination of parental 254.15 rights; 254.16 (iv) the court must forward a copy of the consent to adopt, 254.17 together with a certified copy of the order transferring 254.18 guardianship and legal custody to the commissioner, to the 254.19 commissioner;and254.20 (v) if an adoption is not finalized by the identified 254.21 prospective adoptive parent within 12 months of the execution of 254.22 the consent to adopt under this clause, the commissioner of 254.23 human services or the commissioner's delegate shall pursue 254.24 adoptive placement in another home unless the commissioner 254.25 certifies that the failure to finalize is not due to either an 254.26 action or a failure to act by the prospective adoptive parent; 254.27 and 254.28 (vi) notwithstanding item (v), the commissioner of human 254.29 services or the commissioner's designee must pursue adoptive 254.30 placement in another home as soon as the commissioner or 254.31 commissioner's designee determines that finalization of the 254.32 adoption with the identified prospective adoptive parent is not 254.33 possible, that the identified prospective adoptive parent is not 254.34 willing to adopt the child, that the identified prospective 254.35 adoptive parent is not cooperative in completing the steps 254.36 necessary to finalize the adoption, or upon the commissioner's 255.1 determination to withhold consent to the adoption. 255.2 (e) In ordering a permanent placement of a child, the court 255.3 must be governed by the best interests of the child, including a 255.4 review of the relationship between the child and relatives and 255.5 the child and other important persons with whom the child has 255.6 resided or had significant contact. 255.7 (f) Once a permanent placement determination has been made 255.8 and permanent placement has been established, further court 255.9 reviews are necessary if: 255.10 (1) the placement is long-term foster care or foster care 255.11 for a specified period of time; 255.12 (2) the court orders further hearings because it has 255.13 retained jurisdiction of a transfer of permanent legal and 255.14 physical custody matter; 255.15 (3) an adoption has not yet been finalized; or 255.16 (4) there is a disruption of the permanent or long-term 255.17 placement. 255.18 (g) Court reviews of an order for long-term foster care, 255.19 whether under this section or section 260C.317, subdivision 3, 255.20 paragraph (d), or foster care for a specified period of time 255.21 must be conducted at least yearly and must review the child's 255.22 out-of-home placement plan and the reasonable efforts of the 255.23 agency to: 255.24 (1) identify a specific long-term foster home for the child 255.25 or a specific foster home for the time the child is specified to 255.26 be out of the care of the parent, if one has not already been 255.27 identified; 255.28 (2) support continued placement of the child in the 255.29 identified home, if one has been identified; 255.30 (3) ensure appropriate services are provided to the child 255.31 during the period of long-term foster care or foster care for a 255.32 specified period of time; 255.33 (4) plan for the child's independence upon the child's 255.34 leaving long-term foster care living as required under section 255.35 260C.212, subdivision 1; and 255.36 (5) where placement is for a specified period of time, a 256.1 plan for the safe return of the child to the care of the parent. 256.2 (h) An order under this subdivision must include the 256.3 following detailed findings: 256.4 (1) how the child's best interests are served by the order; 256.5 (2) the nature and extent of the responsible social service 256.6 agency's reasonable efforts, or, in the case of an Indian child, 256.7 active efforts to reunify the child with the parent or parents; 256.8 (3) the parent's or parents' efforts and ability to use 256.9 services to correct the conditions which led to the out-of-home 256.10 placement; and 256.11 (4) whether the conditions which led to the out-of-home 256.12 placement have been corrected so that the child can return home. 256.13 (i) An order for permanent legal and physical custody of a 256.14 child may be modified under sections 518.18 and 518.185. The 256.15 social services agency is a party to the proceeding and must 256.16 receive notice. A parent may only seek modification of an order 256.17 for long-term foster care upon motion and a showing by the 256.18 parent of a substantial change in the parent's circumstances 256.19 such that the parent could provide appropriate care for the 256.20 child and that removal of the child from the child's permanent 256.21 placement and the return to the parent's care would be in the 256.22 best interest of the child. 256.23 (j) The court shall issue an order required under this 256.24 section within 15 days of the close of the proceedings. The 256.25 court may extend issuing the order an additional 15 days when 256.26 necessary in the interests of justice and the best interests of 256.27 the child. 256.28 Sec. 6. [260C.209] [BACKGROUND CHECKS.] 256.29 Subdivision 1. [SUBJECTS.] The responsible social services 256.30 agency must conduct a background check under this section of the 256.31 following: 256.32 (1) a noncustodial parent or nonadjudicated parent who is 256.33 being assessed for purposes of providing day-to-day care of a 256.34 child temporarily or permanently under section 260C.212, 256.35 subdivision 4, and any member of the parent's household who is 256.36 over the age of 13 when there is a reasonable cause to believe 257.1 that the parent or household member over age 13 has a criminal 257.2 history or a history of maltreatment of a child or vulnerable 257.3 adult which would endanger the child's health, safety, or 257.4 welfare; 257.5 (2) an individual whose suitability for relative placement 257.6 under section 260C.212, subdivision 5, is being determined, and 257.7 any member of the relative's household who is over the age of 13 257.8 when: (i) the relative must be licensed for foster care; or (ii) 257.9 the agency must conduct a background study under section 259.53, 257.10 subdivision 2; or (iii) the agency has reasonable cause to 257.11 believe the relative or household member over the age of 13 has 257.12 a criminal history which would not make transfer of permanent 257.13 legal and physical custody to the relative under section 257.14 260C.201, subdivision 11, in the child's best interest; and 257.15 (3) a parent, following an out-of-home placement, when the 257.16 responsible social service agency has reasonable cause to 257.17 believe that the parent has been convicted of a crime directly 257.18 related to the parent's capacity to maintain the child's health, 257.19 safety, or welfare; or the parent is the subject of an open 257.20 investigation of, or has been the subject of a substantiated 257.21 allegation of, child or vulnerable-adult maltreatment within the 257.22 past ten years. 257.23 "Reasonable cause" means that the agency has received 257.24 information or a report from the subject or a third person that 257.25 creates an articulable suspicion that the individual has a 257.26 history that may pose a risk to the health, safety, or welfare 257.27 of the child. The information or report must be specific to the 257.28 potential subject of the background check and shall not be based 257.29 on the race, religion, ethnic background, age, class, or 257.30 lifestyle of the potential subject. 257.31 Subd. 2. [GENERAL PROCEDURES.] (a) When conducting a 257.32 background check under subdivision 1, the agency may require the 257.33 individual being assessed to provide sufficient information to 257.34 ensure an accurate assessment under this section, including: 257.35 (1) the individual's first, middle, and last name and all 257.36 other names by which the individual has been known; 258.1 (2) home address, zip code, city, county, and state of 258.2 residence for the past ten years; 258.3 (3) sex; 258.4 (4) date of birth; and 258.5 (5) driver's license number or state identification number. 258.6 (b) When notified by the responsible social services agency 258.7 that it is conducting an assessment under this section, the 258.8 Bureau of Criminal Apprehension, commissioners of health and 258.9 human services, law enforcement, and county agencies must 258.10 provide the responsible social services agency or county 258.11 attorney with the following information on the individual being 258.12 assessed: criminal history data, reports about the maltreatment 258.13 of adults substantiated under section 626.557, and reports of 258.14 maltreatment of minors substantiated under section 626.556. 258.15 Subd. 3. [MULTISTATE INFORMATION.] (a) For any assessment 258.16 completed under this section, if the responsible social services 258.17 agency has reasonable cause to believe that the individual is a 258.18 multistate offender, the individual must provide the responsible 258.19 social services agency or the county attorney with a set of 258.20 classifiable fingerprints obtained from an authorized law 258.21 enforcement agency. The responsible social services agency or 258.22 county attorney may obtain criminal history data from the 258.23 National Criminal Records Repository by submitting the 258.24 fingerprints to the Bureau of Criminal Apprehension. 258.25 (b) For purposes of this subdivision, the responsible 258.26 social services agency has reasonable cause when, but not 258.27 limited to: 258.28 (1) information from the Bureau of Criminal Apprehension 258.29 indicates that the individual is a multistate offender; 258.30 (2) information from the Bureau of Criminal Apprehension 258.31 indicates that multistate offender status is undetermined; 258.32 (3) the social services agency has received a report from 258.33 the individual or a third party indicating that the individual 258.34 has a criminal history in a jurisdiction other than Minnesota; 258.35 or 258.36 (4) the individual is or has been a resident of a state 259.1 other than Minnesota at any time during the prior ten years. 259.2 Subd. 4. [NOTICE UPON RECEIPT.] The responsible social 259.3 services agency must provide the subject of the background study 259.4 with the results of the study under this section within 15 259.5 business days of receipt or at least 15 days prior to the 259.6 hearing at which the results will be presented, whichever comes 259.7 first. The subject may provide written information to the 259.8 agency that the results are incorrect and may provide additional 259.9 or clarifying information to the agency and to the court through 259.10 a party to the proceeding. This provision does not apply to any 259.11 background study conducted under chapters 245A and 245C. 259.12 Sec. 7. Minnesota Statutes 2004, section 260C.212, 259.13 subdivision 4, is amended to read: 259.14 Subd. 4. [RESPONSIBLE SOCIAL SERVICE AGENCY'S DUTIES FOR 259.15 CHILDREN IN PLACEMENT.] (a) When a child is in placement, the 259.16 responsible social services agency shall make diligent efforts 259.17 to identify, locate, and, where appropriate, offer services to 259.18 both parents of the child. 259.19 (1)IfThe responsible social services agency shall assess 259.20 whether a noncustodial or nonadjudicated parent is willing and 259.21 capable of providing for the day-to-day care of the child 259.22 temporarily or permanently. An assessment under this clause may 259.23 include, but is not limited to, obtaining information under 259.24 section 260C.209. If after assessment, the responsible social 259.25 services agency determines that a noncustodial or nonadjudicated 259.26 parent is willing and capable of providing day-to-day care of 259.27 the child, the responsible social services agency may seek 259.28 authority from the custodial parent or the court to have that 259.29 parent assume day-to-day care of the child. If a parent is not 259.30 an adjudicated parent, the responsible social services agency 259.31 shall require the nonadjudicated parent to cooperate with 259.32 paternity establishment procedures as part of the case plan. 259.33 (2) If, after assessment, the responsible social services 259.34 agency determines that the child cannot be in the day-to-day 259.35 care of either parent, the agency shall: 259.36 (i) prepare an out-of-home placement plan addressing the 260.1 conditions that each parent must meet before the child can be in 260.2 that parent's day-to-day care; and 260.3 (ii) provide a parent who is the subject of a background 260.4 study under section 260C.209 15 days' notice that it intends to 260.5 use the study to recommend against putting the child with that 260.6 parent, as well as the notice provided in section 260C.209, 260.7 subdivision 4, and the court shall afford the parent an 260.8 opportunity to be heard concerning the study. 260.9 The results of a background study of a noncustodial parent 260.10 shall not be used by the agency to determine that the parent is 260.11 incapable of providing day-to-day care of the child unless the 260.12 agency reasonably believes that placement of the child into the 260.13 home of that parent would endanger the child's health, safety, 260.14 or welfare. 260.15 (3) If, after the provision of services following an 260.16 out-of-home placement plan under this section, the child cannot 260.17 return to the care of the parent from whom the child was removed 260.18 or who had legal custody at the time the child was placed in 260.19 foster care, the agency may petition on behalf of a noncustodial 260.20 parent to establish legal custody with that parent under section 260.21 260C.201, subdivision 11. If paternity has not already been 260.22 established, it may be established in the same proceeding in the 260.23 manner provided for under chapter 257. 260.24 (4) The responsible social services agency may be relieved 260.25 of the requirement to locate and offer services to both parents 260.26 by the juvenile court upon a finding of good cause after the 260.27 filing of a petition under section 260C.141. 260.28 (b) The responsible social services agency shall give 260.29 notice to the parent or parents or guardian of each child in a 260.30 residential facility, other than a child in placement due solely 260.31 to that child's developmental disability or emotional 260.32 disturbance, of the following information: 260.33 (1) that residential care of the child may result in 260.34 termination of parental rights or an order permanently placing 260.35 the child out of the custody of the parent, but only after 260.36 notice and a hearing as required under chapter 260C and the 261.1 juvenile court rules; 261.2 (2) time limits on the length of placement and of 261.3 reunification services, including the date on which the child is 261.4 expected to be returned to and safely maintained in the home of 261.5 the parent or parents or placed for adoption or otherwise 261.6 permanently removed from the care of the parent by court order; 261.7 (3) the nature of the services available to the parent; 261.8 (4) the consequences to the parent and the child if the 261.9 parent fails or is unable to use services to correct the 261.10 circumstances that led to the child's placement; 261.11 (5) the first consideration for placement with relatives; 261.12 (6) the benefit to the child in getting the child out of 261.13 residential care as soon as possible, preferably by returning 261.14 the child home, but if that is not possible, through a permanent 261.15 legal placement of the child away from the parent; 261.16 (7) when safe for the child, the benefits to the child and 261.17 the parent of maintaining visitation with the child as soon as 261.18 possible in the course of the case and, in any event, according 261.19 to the visitation plan under this section; and 261.20 (8) the financial responsibilities and obligations, if any, 261.21 of the parent or parents for the support of the child during the 261.22 period the child is in the residential facility. 261.23 (c) The responsible social services agency shall inform a 261.24 parent considering voluntary placement of a child who is not 261.25 developmentally disabled or emotionally disturbed of the 261.26 following information: 261.27 (1) the parent and the child each has a right to separate 261.28 legal counsel before signing a voluntary placement agreement, 261.29 but not to counsel appointed at public expense; 261.30 (2) the parent is not required to agree to the voluntary 261.31 placement, and a parent who enters a voluntary placement 261.32 agreement may at any time request that the agency return the 261.33 child. If the parent so requests, the child must be returned 261.34 within 24 hours of the receipt of the request; 261.35 (3) evidence gathered during the time the child is 261.36 voluntarily placed may be used at a later time as the basis for 262.1 a petition alleging that the child is in need of protection or 262.2 services or as the basis for a petition seeking termination of 262.3 parental rights or other permanent placement of the child away 262.4 from the parent; 262.5 (4) if the responsible social services agency files a 262.6 petition alleging that the child is in need of protection or 262.7 services or a petition seeking the termination of parental 262.8 rights or other permanent placement of the child away from the 262.9 parent, the parent would have the right to appointment of 262.10 separate legal counsel and the child would have a right to the 262.11 appointment of counsel and a guardian ad litem as provided by 262.12 law, and that counsel will be appointed at public expense if 262.13 they are unable to afford counsel; and 262.14 (5) the timelines and procedures for review of voluntary 262.15 placements under subdivision 3, and the effect the time spent in 262.16 voluntary placement on the scheduling of a permanent placement 262.17 determination hearing under section 260C.201, subdivision 11. 262.18 (d) When an agency accepts a child for placement, the 262.19 agency shall determine whether the child has had a physical 262.20 examination by or under the direction of a licensed physician 262.21 within the 12 months immediately preceding the date when the 262.22 child came into the agency's care. If there is documentation 262.23 that the child has had an examination within the last 12 months, 262.24 the agency is responsible for seeing that the child has another 262.25 physical examination within one year of the documented 262.26 examination and annually in subsequent years. If the agency 262.27 determines that the child has not had a physical examination 262.28 within the 12 months immediately preceding placement, the agency 262.29 shall ensure that the child has an examination within 30 days of 262.30 coming into the agency's care and once a year in subsequent 262.31 years. 262.32 ARTICLE 16 262.33 CRIMINAL SENTENCING POLICY 262.34 Section 1. Minnesota Statutes 2004, section 244.09, 262.35 subdivision 5, is amended to read: 262.36 Subd. 5. [PROMULGATION OF SENTENCING GUIDELINES.] The 263.1 commission shall promulgate Sentencing Guidelines for the 263.2 district court. The guidelines shall be based on reasonable 263.3 offense and offender characteristics. The guidelines 263.4 promulgated by the commission shall be advisory to the district 263.5 court and shall establish: 263.6 (1) The circumstances under which imprisonment of an 263.7 offender is proper; and 263.8 (2) A presumptive, fixed sentencesentencing range for 263.9 offendersfor whom imprisonment is proper, based on each 263.10 appropriate combination of reasonable offense and offender 263.11 characteristics.The guidelines may provide for an increase or263.12decrease of up to 15 percent in the presumptive, fixed sentence.263.13 The Sentencing Guidelines promulgated by the commission may 263.14 also establish appropriate sanctions for offenders for whom 263.15 imprisonment is not proper. Any guidelines promulgated by the 263.16 commission establishing sanctions for offenders for whom 263.17 imprisonment is not proper shall make specific reference to 263.18 noninstitutional sanctions, including but not limited to the 263.19 following: payment of fines, day fines, restitution, community 263.20 work orders, work release programs in local facilities, 263.21 community based residential and nonresidential programs, 263.22 incarceration in a local correctional facility, and probation 263.23 and the conditions thereof. 263.24 Although the Sentencing Guidelines are advisory to the 263.25 district court, the court shall follow the procedures of the 263.26 guidelines when it pronounces sentence in a proceeding to which 263.27 the guidelines apply by operation of statute. Sentencing 263.28 pursuant to the Sentencing Guidelines is not a right that 263.29 accrues to a person convicted of a felony; it is a procedure 263.30 based on state public policy to maintain uniformity, 263.31 proportionality, rationality, and predictability in sentencing. 263.32 In establishing and modifying the Sentencing Guidelines, 263.33 the primary consideration of the commission shall be public 263.34 safety. The commission shall also consider current sentencing 263.35 and release practices; correctional resources, including but not 263.36 limited to the capacities of local and state correctional 264.1 facilities; and the long-term negative impact of the crime on 264.2 the community. 264.3 The provisions of sections 14.001 to 14.69 do not apply to 264.4 the promulgation of the Sentencing Guidelines, and the 264.5 Sentencing Guidelines, including severity levels and criminal 264.6 history scores, are not subject to review by the legislative 264.7 commission to review administrative rules. However, the 264.8 commission shall adopt rules pursuant to sections 14.001 to 264.9 14.69 which establish procedures for the promulgation of the 264.10 Sentencing Guidelines, including procedures for the promulgation 264.11 of severity levels and criminal history scores, and these rules 264.12 shall be subject to review by the legislative coordinating 264.13 commission. 264.14 [EFFECTIVE DATE.] This section is effective August 1, 2005, 264.15 and applies to crimes committed on or after that date. 264.16 Sec. 2. Minnesota Statutes 2004, section 244.10, 264.17 subdivision 2, is amended to read: 264.18 Subd. 2. [DEVIATION FROM GUIDELINES; IMPOSITION OF 264.19 SENTENCE.] Whether or not a sentencing hearing is requested 264.20 pursuant to subdivision 1, the district court shall make written 264.21 findings of fact as to the reasons for departure from the 264.22 Sentencing Guidelines in each case in which the court imposes or 264.23 stays a sentence that deviates from the Sentencing Guidelines 264.24 applicable to the case. Unless otherwise allowed by law, the 264.25 court shall not impose a sentence duration in excess of that 264.26 provided by the Sentencing Guidelines presumptive sentencing 264.27 range for the offense unless the finder of fact has found that a 264.28 severe aggravating factor exists. If the existence of a severe 264.29 aggravating factor has been proven, the court shall impose a 264.30 sentence in excess of the presumptive range provided by the 264.31 Sentencing Guidelines. 264.32 [EFFECTIVE DATE.] This section is effective August 1, 2005, 264.33 and applies to crimes committed on or after that date. 264.34 Sec. 3. Minnesota Statutes 2004, section 244.10, is 264.35 amended by adding a subdivision to read: 264.36 Subd. 4. [AGGRAVATED DEPARTURES.] In bringing a motion for 265.1 an aggravated sentence, the state is not limited to factors 265.2 specified in the Sentencing Guidelines provided the state 265.3 provides reasonable notice to the defendant and the district 265.4 court prior to sentencing of the factors on which the state 265.5 intends to rely. 265.6 [EFFECTIVE DATE.] This section is effective August 1, 2005, 265.7 and applies to crimes committed on or after that date. 265.8 Sec. 4. Minnesota Statutes 2004, section 244.10, is 265.9 amended by adding a subdivision to read: 265.10 Subd. 5. [PROCEDURES IN CASES WHERE STATE INTENDS TO SEEK 265.11 AN AGGRAVATED DURATIONAL DEPARTURE.] (a) When the prosecutor 265.12 provides reasonable notice under subdivision 4, the district 265.13 court shall allow the state to prove beyond a reasonable doubt 265.14 to a jury of 12 members the factors in support of the state's 265.15 request for an aggravated departure from the Sentencing 265.16 Guidelines as provided in paragraph (b) or (c). 265.17 (b) The district court shall allow a unitary trial and 265.18 final argument to a jury regarding both evidence in support of 265.19 the elements of the offense and evidence in support of 265.20 aggravating factors when the evidence in support of the 265.21 aggravating factors: 265.22 (1) would be admissible as part of the trial on the 265.23 elements of the offense; or 265.24 (2) would not result in unfair prejudice to the defendant. 265.25 The existence of each aggravating factor shall be 265.26 determined by use of a special verdict form. 265.27 Upon the request of the prosecutor, the court shall allow 265.28 bifurcated argument and jury deliberations. 265.29 (c) The district court shall bifurcate the proceedings to 265.30 allow for the production of evidence, argument, and 265.31 deliberations on the existence of factors in support of an 265.32 aggravated departure after the return of a guilty verdict when 265.33 the evidence in support of an aggravated departure: 265.34 (1) includes evidence that is otherwise inadmissible at a 265.35 trial on the elements of the offense; and 265.36 (2) would result in unfair prejudice to the defendant. 266.1 [EFFECTIVE DATE.] This section is effective August 1, 2005, 266.2 and applies to crimes committed on or after that date. 266.3 Sec. 5. Minnesota Statutes 2004, section 244.10, is 266.4 amended by adding a subdivision to read: 266.5 Subd. 6. [DEFENDANTS TO PRESENT EVIDENCE AND ARGUMENT.] In 266.6 either a unitary or bifurcated trial under subdivision 5, a 266.7 defendant shall be allowed to present evidence and argument to 266.8 the jury or fact finder regarding whether facts exist that would 266.9 justify an aggravated departure. A defendant is not allowed to 266.10 present evidence or argument to the jury or fact finder 266.11 regarding facts in support of a mitigated departure during the 266.12 trial, but may present evidence and argument in support of a 266.13 mitigated departure to the judge as fact finder during a 266.14 sentencing hearing. 266.15 [EFFECTIVE DATE.] This section is effective August 1, 2005, 266.16 and applies to crimes committed on or after that date. 266.17 Sec. 6. Minnesota Statutes 2004, section 244.10, is 266.18 amended by adding a subdivision to read: 266.19 Subd. 7. [WAIVER OF JURY DETERMINATION.] The defendant may 266.20 waive the right to a jury determination of whether facts exist 266.21 that would justify an aggravated sentence. Upon receipt of a 266.22 waiver of a jury trial on this issue, the district court shall 266.23 determine beyond a reasonable doubt whether the factors in 266.24 support of the state's motion for aggravated departure exist. 266.25 [EFFECTIVE DATE.] This section is effective August 1, 2005, 266.26 and applies to crimes committed on or after that date. 266.27 Sec. 7. Minnesota Statutes 2004, section 244.10, is 266.28 amended by adding a subdivision to read: 266.29 Subd. 8. [NOTICE OF INFORMATION REGARDING PREDATORY 266.30 OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 266.31 person is convicted of an offense and the presumptive sentence 266.32 under the Sentencing Guidelines is commitment to the custody of 266.33 the commissioner of corrections, if the court grants a 266.34 dispositional departure and stays imposition or execution of 266.35 sentence, the probation or court services officer who is 266.36 assigned to supervise the offender shall provide in writing to 267.1 the following the fact that the offender is on probation and the 267.2 terms and conditions of probation: 267.3 (1) a victim of and any witnesses to the offense committed 267.4 by the offender, if the victim or the witness has requested 267.5 notice; and 267.6 (2) the chief law enforcement officer in the area where the 267.7 offender resides or intends to reside. 267.8 The law enforcement officer, in consultation with the 267.9 offender's probation officer, may provide all or part of this 267.10 information to any of the following agencies or groups the 267.11 offender is likely to encounter: public and private educational 267.12 institutions, day care establishments, and establishments or 267.13 organizations that primarily serve individuals likely to be 267.14 victimized by the offender. 267.15 The probation officer is not required under this 267.16 subdivision to provide any notice while the offender is placed 267.17 or resides in a residential facility that is licensed under 267.18 section 241.021 or 245A.02, subdivision 14, if the facility 267.19 staff is trained in the supervision of sex offenders. 267.20 (b) Paragraph (a) applies only to offenders required to 267.21 register under section 243.166, as a result of the conviction. 267.22 (c) The notice authorized by paragraph (a) shall be limited 267.23 to data classified as public under section 13.84, subdivision 6, 267.24 unless the offender provides informed consent to authorize the 267.25 release of nonpublic data or unless a court order authorizes the 267.26 release of nonpublic data. 267.27 (d) Nothing in this subdivision shall be interpreted to 267.28 impose a duty on any person to use any information regarding an 267.29 offender about whom notification is made under this subdivision. 267.30 [EFFECTIVE DATE.] This section is effective August 1, 2005, 267.31 and applies to crimes committed on or after that date. 267.32 Sec. 8. Minnesota Statutes 2004, section 244.10, is 267.33 amended by adding a subdivision to read: 267.34 Subd. 9. [COMPUTATION OF CRIMINAL HISTORY SCORE.] If the 267.35 defendant contests the existence of or factual basis for a prior 267.36 conviction in the calculation of the defendant's criminal 268.1 history score, proof of it is established by competent and 268.2 reliable evidence, including a certified court record of the 268.3 conviction. 268.4 [EFFECTIVE DATE.] This section is effective August 1, 2005, 268.5 and applies to crimes committed on or after that date. 268.6 Sec. 9. Minnesota Statutes 2004, section 609.108, 268.7 subdivision 1, is amended to read: 268.8 Subdivision 1. [MANDATORY INCREASED SENTENCE.] (a) A court 268.9 shall commit a person to the commissioner of corrections for a 268.10 period of time that is not less thandouble the presumptive268.11sentencethe high end of the presumptive range under the 268.12 Sentencing Guidelines and not more than the statutory maximum, 268.13 or if the statutory maximum is less than double the presumptive 268.14 sentence, for a period of time that is equal to the statutory 268.15 maximum, if:268.16(1)the court is imposing an executed sentence, based on a 268.17 Sentencing Guidelines presumptive imprisonment sentence or a 268.18 dispositional departure for aggravating circumstances or a 268.19 mandatory minimum sentence, on a person convicted of committing 268.20 or attempting to commit aviolation of section 609.342, 609.343,268.21609.344, or 609.345, or on a person convicted of committing or268.22attempting to commit any othercrime listed in subdivision 3 if 268.23it reasonably appears to the court thatthe crime was motivated 268.24 by the offender's sexual impulses or was part of a predatory 268.25 pattern of behavior that had criminal sexual conduct as its 268.26 goal;. 268.27(2) the court finds that the offender is a danger to public268.28safety; and268.29(3) the court finds that the offender needs long-term268.30treatment or supervision beyond the presumptive term of268.31imprisonment and supervised release. The finding must be based268.32on a professional assessment by an examiner experienced in268.33evaluating sex offenders that concludes that the offender is a268.34patterned sex offender. The assessment must contain the facts268.35upon which the conclusion is based, with reference to the268.36offense history of the offender or the severity of the current269.1offense, the social history of the offender, and the results of269.2an examination of the offender's mental status unless the269.3offender refuses to be examined. The conclusion may not be269.4based on testing alone. A patterned sex offender is one whose269.5criminal sexual behavior is so engrained that the risk of269.6reoffending is great without intensive psychotherapeutic269.7intervention or other long-term controls.269.8(b) The court shall consider imposing a sentence under this269.9section whenever a person is convicted of violating section269.10609.342 or 609.343.269.11 [EFFECTIVE DATE.] This section is effective August 1, 2005, 269.12 and applies to crimes committed on or after that date. 269.13 Sec. 10. Minnesota Statutes 2004, section 609.109, 269.14 subdivision 4, is amended to read: 269.15 Subd. 4. [MANDATORY 30-YEAR SENTENCE.] (a) The court shall 269.16 commit a person to the commissioner of corrections for not less 269.17 than 30 years, notwithstanding the statutory maximum sentence 269.18 under section 609.343, if: 269.19 (1) the person is convicted under section 609.342, 269.20 subdivision 1, clause (c), (d), (e), or (f); or 609.343, 269.21 subdivision 1, clause (c), (d), (e), or (f); and 269.22 (2) the court determines on the record at the time of 269.23 sentencing that:269.24(i) the crime involved an aggravating factor that would269.25provide grounds for an upward departure under the Sentencing269.26Guidelines other than the aggravating factor applicable to269.27repeat criminal sexual conduct convictions; and269.28(ii)the person has a previous sex offense conviction under 269.29 section 609.342, 609.343, or 609.344. 269.30 (b) Notwithstanding subdivision 2 and sections 609.342, 269.31 subdivision 3; and 609.343, subdivision 3, the court may not 269.32 stay imposition or execution of the sentence required by this 269.33 subdivision. 269.34 [EFFECTIVE DATE.] This section is effective August 1, 2005, 269.35 and applies to crimes committed on or after that date. 269.36 Sec. 11. Minnesota Statutes 2004, section 609.109, 270.1 subdivision 6, is amended to read: 270.2 Subd. 6. [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 270.3 shall sentence a person to at leasttwicethe high end of the 270.4 presumptivesentencesentencing range recommended by the 270.5 Sentencing Guidelines if: 270.6 (1) the person is convicted under section 609.342, 270.7 subdivision 1, clause (c), (d), (e), or (f); 609.343, 270.8 subdivision 1, clause (c), (d), (e), or (f); or 609.344, 270.9 subdivision 1, clause (c) or (d); and 270.10 (2) thecourtfact finder determineson the record at the270.11time of sentencingthat the crime involved an aggravating factor 270.12 that would provide grounds for an upward departure under the 270.13 Sentencing Guidelines. 270.14 [EFFECTIVE DATE.] This section is effective August 1, 2005, 270.15 and applies to crimes committed on or after that date. 270.16 Sec. 12. Minnesota Statutes 2004, section 609.1095, 270.17 subdivision 2, is amended to read: 270.18 Subd. 2. [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 270.19 COMMITS A THIRD VIOLENT CRIME.] Whenever a person is convicted 270.20 of a violent crime that is a felony, and the judge is imposing 270.21 an executed sentence based on a Sentencing Guidelines 270.22 presumptive imprisonment sentence, the judge may impose an 270.23 aggravated durational departure from the presumptive 270.24 imprisonment sentence up to the statutory maximum sentence if 270.25 the offender was at least 18 years old at the time the felony 270.26 was committed, and:270.27(1)the court determines on the record at the time of 270.28 sentencing that the offender has two or more prior convictions 270.29 for violent crimes; and. 270.30(2) the court finds that the offender is a danger to public270.31safety and specifies on the record the basis for the finding,270.32which may include:270.33(i) the offender's past criminal behavior, such as the270.34offender's high frequency rate of criminal activity or juvenile270.35adjudications, or long involvement in criminal activity270.36including juvenile adjudications; or271.1(ii) the fact that the present offense of conviction271.2involved an aggravating factor that would justify a durational271.3departure under the Sentencing Guidelines.271.4 [EFFECTIVE DATE.] This section is effective August 1, 2005, 271.5 and applies to crimes committed on or after that date. 271.6 Sec. 13. Minnesota Statutes 2004, section 609.1095, 271.7 subdivision 4, is amended to read: 271.8 Subd. 4. [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A 271.9 SIXTH FELONY.] Whenever a person is convicted of a felony, and 271.10 the judge is imposing an executed sentence based on a Sentencing 271.11 Guidelines presumptive imprisonment sentence, the judge may 271.12 impose an aggravated durational departure from the presumptive 271.13 sentence up to the statutory maximum sentence if the judge finds 271.14 and specifies on the record that the offender has five or more 271.15 prior felony convictionsand that the present offense is a271.16felony that was committed as part of a pattern of criminal271.17conduct. 271.18 [EFFECTIVE DATE.] This section is effective August 1, 2005, 271.19 and applies to crimes committed on or after that date. 271.20 Sec. 14. [INSTRUCTION TO SENTENCING GUIDELINES 271.21 COMMISSION.] 271.22 Subdivision 1. [FORMER PRESUMPTIVE, FIXED SENTENCE 271.23 MAINTAINED AS REFERENCE POINT.] (a) Except as provided in 271.24 paragraph (b), the Minnesota Sentencing Guidelines Commission 271.25 shall retain in each cell of the Sentencing Guidelines grid, as 271.26 a reference point only, the presumptive, fixed sentence in place 271.27 at the time of enactment of this legislation. 271.28 (b) The commission shall make changes to the presumptive 271.29 sentences for offenses consistent with 2005 legislation and/or 271.30 timely modifications proposed by the commission, provided the 271.31 legislature has not acted to prevent those modifications from 271.32 going forward. 271.33 Subd. 2. [PRESUMPTIVE SENTENCING RANGE.] In each cell of 271.34 the Sentencing Guidelines grid, the guidelines shall include a 271.35 presumptive sentencing range. This range shall extend from 15 271.36 percent below the presumptive, fixed sentence in place at the 272.1 time of the enactment of this legislation, to 100 percent above 272.2 the presumptive, fixed sentence in place at the time of the 272.3 enactment of this legislation. 272.4 Subd. 3. [ADDITIONAL MODIFICATIONS TO SENTENCING 272.5 GUIDELINES.] The Minnesota Sentencing Guidelines Commission 272.6 shall amend the Sentencing Guidelines and comments to provide 272.7 that a court may depart upward from the presumptive sentencing 272.8 range when severe aggravating circumstances justify a departure. 272.9 [EFFECTIVE DATE.] This section is effective August 1, 2005, 272.10 and applies to crimes committed on or after that date. 272.11 Sec. 15. [REVISOR INSTRUCTION.] 272.12 Subdivision 1. [HEADNOTE CHANGE.] The revisor of statutes 272.13 shall change the headnote of Minnesota Statutes, section 272.14 609.108, to read "MANDATORY INCREASED SENTENCES FOR CERTAIN 272.15 PREDATORY SEX OFFENDERS; NO PRIOR CONVICTION REQUIRED." 272.16 Subd. 2. [REPEALER; REFERENCE TO RENUMBERING.] The revisor 272.17 of statutes is instructed to include a reference next to the 272.18 repealer of Minnesota Statutes, section 244.10, subdivisions 2a 272.19 and 3, to inform the reader that the subdivisions have been 272.20 renumbered and to include the new subdivision numbers. 272.21 [EFFECTIVE DATE.] This section is effective August 1, 2005. 272.22 Sec. 16. [REPEALER.] 272.23 Minnesota Statutes 2004, sections 244.10, subdivisions 2a 272.24 and 3; and 609.108, subdivisions 4 and 5, are repealed. 272.25 [EFFECTIVE DATE.] This section is effective August 1, 2005. 272.26 ARTICLE 17 272.27 GENERAL CRIMINAL PROVISIONS 272.28 Section 1. Minnesota Statutes 2004, section 152.02, 272.29 subdivision 4, is amended to read: 272.30 Subd. 4. [SCHEDULE III.] The following items are listed in 272.31 Schedule III: 272.32 (1) Any material, compound, mixture, or preparation which 272.33 contains any quantity of Amphetamine, its salts, optical 272.34 isomers, and salts of its optical isomers; Phenmetrazine and its 272.35 salts; Methamphetamine, its salts, isomers, and salts of 272.36 isomers; Methylphenidate; and which is required by federal law 273.1 to be labeled with the symbol prescribed by 21 Code of Federal 273.2 Regulations Section 1302.03 and in effect on February 1, 1976 273.3 designating that the drug is listed as a Schedule III controlled 273.4 substance under federal law. 273.5 (2) Any material, compound, mixture, or preparation which 273.6 contains any quantity of the following substances having a 273.7 potential for abuse associated with a depressant effect on the 273.8 central nervous system: 273.9 (a) Any compound, mixture, or preparation containing 273.10 amobarbital, secobarbital, pentobarbital or any salt thereof and 273.11 one or more other active medicinal ingredients which are not 273.12 listed in any schedule. 273.13 (b) Any suppository dosage form containing amobarbital, 273.14 secobarbital, pentobarbital, or any salt of any of these drugs 273.15 and approved by the food and drug administration for marketing 273.16 only as a suppository. 273.17 (c) Any substance which contains any quantity of a 273.18 derivative of barbituric acid, or any salt of a derivative of 273.19 barbituric acid, except those substances which are specifically 273.20 listed in other schedules: Chlorhexadol; Glutethimide; Lysergic 273.21 acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane; 273.22 Sulfonethylmethane; Sulfonmethane. 273.23 (d) Gamma hydroxybutyrate, any salt, compound, derivative, 273.24 or preparation of gamma hydroxybutyrate, including any isomers, 273.25 esters, and ethers and salts of isomers, esters, and ethers of 273.26 gamma hydroxybutyrate whenever the existence of such isomers, 273.27 esters, and salts is possible within the specific chemical 273.28 designation. 273.29 (3) Any material, compound, mixture, or preparation which 273.30 contains any quantity of the following substances having a 273.31 potential for abuse associated with a stimulant effect on the 273.32 central nervous system: 273.33 (a) Benzphetamine 273.34 (b) Chlorphentermine 273.35 (c) Clortermine 273.36 (d) Mazindol 274.1 (e) Phendimetrazine. 274.2 (4) Nalorphine. 274.3 (5) Any material, compound, mixture, or preparation 274.4 containing limited quantities of any of the following narcotic 274.5 drugs, or any salts thereof: 274.6 (a) Not more than 1.80 grams of codeine per 100 274.7 milliliters or not more than 90 milligrams per dosage unit, with 274.8 an equal or greater quantity of an isoquinoline alkaloid of 274.9 opium. 274.10 (b) Not more than 1.80 grams of codeine per 100 274.11 milliliters or not more than 90 milligrams per dosage unit, with 274.12 one or more active, nonnarcotic ingredients in recognized 274.13 therapeutic amounts. 274.14 (c) Not more than 300 milligrams of dihydrocodeinone per 274.15 100 milliliters or not more than 15 milligrams per dosage unit, 274.16 with a fourfold or greater quantity of an isoquinoline alkaloid 274.17 of opium. 274.18 (d) Not more than 300 milligrams of dihydrocodeinone per 274.19 100 milliliters or not more than 15 milligrams per dosage unit, 274.20 with one or more active, nonnarcotic ingredients in recognized 274.21 therapeutic amounts. 274.22 (e) Not more than 1.80 grams of dihydrocodeine per 100 274.23 milliliters or not more than 90 milligrams per dosage unit, with 274.24 one or more active, nonnarcotic ingredients in recognized 274.25 therapeutic amounts. 274.26 (f) Not more than 300 milligrams of ethylmorphine per 100 274.27 milliliters or not more than 15 milligrams per dosage unit, with 274.28 one or more active, nonnarcotic ingredients in recognized 274.29 therapeutic amounts. 274.30 (g) Not more than 500 milligrams of opium per 100 274.31 milliliters or per 100 grams, or not more than 25 milligrams per 274.32 dosage unit, with one or more active, nonnarcotic ingredients in 274.33 recognized therapeutic amounts. 274.34 (h) Not more than 50 milligrams of morphine per 100 274.35 milliliters or per 100 grams with one or more active, 274.36 nonnarcotic ingredients in recognized therapeutic amounts. 275.1 (6) Anabolic steroids, which, for purposes of this 275.2 subdivision, means any drug or hormonal substance, chemically 275.3 and pharmacologically related to testosterone, other than 275.4 estrogens, progestins, corticosteroids, and 275.5 dehydroepiandrosterone, and includes: androstanediol; 275.6 androstanedione; androstenediol; androstenedione; bolasterone; 275.7 boldenone; calusterone; chlorotestosterone; chorionic 275.8 gonadotropin; clostebol; dehydrochloromethyltestosterone; 275.9 (triangle)1-dihydrotestosterone; 4-dihydrotestosterone; 275.10 drostanolone; ethylestrenol; fluoxymesterone; formebolone; 275.11 furazabol; human growth hormones; 275.12 13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone; 275.13 4-hydroxy-19-nortestosterone; mestanolone; mesterolone; 275.14 methandienone; methandranone; methandriol; methandrostenolone; 275.15 methenolone; 17a-methyl-3b, 17b-dihydroxy-5a-androstane; 275.16 17a-methyl-3a, 17b-dihydroxy-5a-androstane; 17a-methyl-3b, 275.17 17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone; 275.18 methyldienolone; methyltrienolone; methyltestosterone; 275.19 mibolerone; 17a-methyl-(triangle)1-dihydrotestosterone; 275.20 nandrolone; nandrolone phenpropionate; norandrostenediol; 275.21 norandrostenedione; norbolethone; norclostebol; norethandrolone; 275.22 normethandrolone; oxandrolone; oxymesterone; oxymetholone; 275.23 stanolone; stanozolol; stenbolone; testolactone; testosterone; 275.24 testosterone propionate; tetrahydrogestrinone; trenbolone; and 275.25 any salt, ester, or ether of a drug or substance described in 275.26 this paragraph. Anabolic steroids are not included if they 275.27 are: (i) expressly intended for administration through implants 275.28 to cattle or other nonhuman species; and (ii) approved by the 275.29 United States Food and Drug Administration for that use. 275.30 [EFFECTIVE DATE.] This section is effective August 1, 2005, 275.31 and applies to crimes committed on or after that date. 275.32 Sec. 2. Minnesota Statutes 2004, section 152.02, 275.33 subdivision 5, is amended to read: 275.34 Subd. 5. [SCHEDULE IV.](a)The following items are listed 275.35 in Schedule IV:Anabolic substances;Barbital; Butorphanol; 275.36 Carisoprodol; Chloral betaine; Chloral hydrate; 276.1 Chlordiazepoxide; Clonazepam; Clorazepate; Diazepam; 276.2 Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine; 276.3 Flurazepam; Mebutamate; Methohexital; Meprobamate except when in 276.4 combination with the following drugs in the following or lower 276.5 concentrations: conjugated estrogens, 0.4 mg; tridihexethyl 276.6 chloride, 25mg; pentaerythritol tetranitrate, 20 mg; 276.7 Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; 276.8 Petrichloral; Phenobarbital; and Phentermine. 276.9(b) For purposes of this subdivision, "anabolic substances"276.10means the naturally occurring androgens or derivatives of276.11androstane (androsterone and testosterone); testosterone and its276.12esters, including, but not limited to, testosterone propionate,276.13and its derivatives, including, but not limited to,276.14methyltestosterone and growth hormones, except that anabolic276.15substances are not included if they are: (1) expressly intended276.16for administration through implants to cattle or other nonhuman276.17species; and (2) approved by the United States Food and Drug276.18Administration for that use.276.19 [EFFECTIVE DATE.] This section is effective August 1, 2005, 276.20 and applies to crimes committed on or after that date. 276.21 Sec. 3. [171.175] [SUSPENSION; THEFT OF GASOLINE OFFENSE.] 276.22 Subdivision 1. [THEFT OF GASOLINE.] The commissioner of 276.23 public safety shall suspend for 30 days the license of any 276.24 person convicted or juvenile adjudicated delinquent for theft of 276.25 gasoline under section 609.52, subdivision 2, clause (1). 276.26 Subd. 2. [DEFINITION.] For the purposes of this section, 276.27 "gasoline" has the meaning given it in section 296A.01, 276.28 subdivision 23. 276.29 [EFFECTIVE DATE.] This section is effective August 1, 2005, 276.30 and applies to crimes committed on or after that date. 276.31 Sec. 4. Minnesota Statutes 2004, section 343.31, is 276.32 amended to read: 276.33 343.31 [ANIMAL FIGHTSPROHIBITEDAND POSSESSION OF FIGHTING 276.34 ANIMALS.] 276.35 Subdivision 1. [PENALTY FOR ANIMAL FIGHTING; ATTENDING 276.36 ANIMAL FIGHT.]AnyA person who: 277.1 (1) promotesor, engages in, or is employedatin the 277.2 activity of cockfighting, dogfighting, or violent pitting of one 277.3 domestic animal against another of the same or a different kind; 277.4or277.5 (2) receives money for the admission ofanya person toany277.6 a place used, or about to be used, for that activity;or277.7 (3) willfully permitsanya person to enter or use for that 277.8 activity premises of which the permitter is the owner, agent, or 277.9 occupant; or 277.10 (4) uses, trains, or possesses a dog or other animal for 277.11 the purpose of participating in, engaging in, or promoting that 277.12 activity 277.13 is guilty of a felony.AnyA person who purchases a ticket of 277.14 admission or otherwise gains admission to that activity is 277.15 guilty of a misdemeanor. 277.16 Subd. 2. [PRESUMPTION OF TRAINING A FIGHTING DOG.] There 277.17 is a rebuttable presumption that a dog has been trained or is 277.18 being trained to fight if: 277.19 (1) the dog exhibits fresh wounds, scarring, or other 277.20 indications that the dog has been or will be used for fighting; 277.21 or 277.22 (2) the person possesses training apparatus, paraphernalia, 277.23 or drugs known to be used to prepare dogs to be fought. 277.24 This presumption may be rebutted by a preponderance of the 277.25 evidence. 277.26 Subd. 3. [PRESUMPTION OF TRAINING FIGHTING BIRDS.] There 277.27 is a rebuttable presumption that a bird has been trained or is 277.28 being trained to fight if: 277.29 (1) the bird exhibits fresh wounds, scarring, or other 277.30 indications that the bird has been or will be used for fighting; 277.31 or 277.32 (2) the person possesses training apparatus, paraphernalia, 277.33 or drugs known to be used to prepare birds to be fought. 277.34 This presumption may be rebutted by a preponderance of the 277.35 evidence. 277.36 Subd. 4. [PEACE OFFICER DUTIES.] Animals described in 278.1 subdivisions 2 and 3 are dangerous weapons and constitute an 278.2 immediate danger to the safety of humans. A peace officer or 278.3 animal control authority may remove, shelter, and care for an 278.4 animal found in the circumstances described in subdivision 2 or 278.5 3. If necessary, a peace officer or animal control authority 278.6 may deliver the animal to another person to be sheltered and 278.7 cared for. In all cases, the peace officer or animal control 278.8 authority must immediately notify the owner, if known, as 278.9 provided in subdivision 5. The peace officer, animal control 278.10 authority, or other person assuming care of the animal shall 278.11 have a lien on it for the actual cost of care and keeping of the 278.12 animal. If the owner or custodian is unknown and cannot by 278.13 reasonable effort be ascertained, or does not, within ten days 278.14 after notice, redeem the animal by paying the expenses 278.15 authorized by this subdivision, the animal may be disposed of as 278.16 provided in subdivision 5. 278.17 Subd. 5. [DISPOSITION.] (a) An animal taken into custody 278.18 under subdivision 4 may be humanely disposed of at the 278.19 discretion of the jurisdiction having custody of the animal ten 278.20 days after the animal is taken into custody, if the procedures 278.21 in paragraph (c) are followed. 278.22 (b) The owner of an animal taken into custody under 278.23 subdivision 4 may prevent disposition of the animal by posting 278.24 security in an amount sufficient to provide for the actual costs 278.25 of care and keeping of the animal. The security must be posted 278.26 within ten days of the seizure inclusive of the date of the 278.27 seizure. If, however, a hearing is scheduled within ten days of 278.28 the seizure, the security amount must be posted prior to the 278.29 hearing. 278.30 (c)(1) The authority taking custody of an animal under 278.31 subdivision 4 must give notice of this section by delivering or 278.32 mailing it to the owner of the animal, posting a copy of it at 278.33 the place where the animal is taken into custody, or delivering 278.34 it to a person residing on the property and telephoning, if 278.35 possible. The notice must include: 278.36 (i) a description of the animal seized; the authority and 279.1 purpose for the seizure; the time, place, and circumstances 279.2 under which the animal was seized; and the location, address, 279.3 and telephone number of a contact person who knows where the 279.4 animal is kept; 279.5 (ii) a statement that the owner of the animal may post 279.6 security to prevent disposition of the animal and may request a 279.7 hearing concerning the seizure and impoundment and that failure 279.8 to do so within ten days of the date of the notice will result 279.9 in disposition of the animal; and 279.10 (iii) a statement that all actual costs of the care, 279.11 keeping, and disposal of the animal are the responsibility of 279.12 the owner of the animal, except to the extent that a court or 279.13 hearing officer finds that the seizure or impoundment was not 279.14 substantially justified by law. The notice must also include a 279.15 form that can be used by a person claiming an interest in the 279.16 animal for requesting a hearing. 279.17 (2) The owner may request a hearing within ten days of the 279.18 date of the seizure. If requested, a hearing must be held 279.19 within five business days of the request to determine the 279.20 validity of the impoundment. The municipality taking custody of 279.21 the animal or the municipality from which the animal was seized 279.22 may either (i) authorize a licensed veterinarian with no 279.23 financial interest in the matter or professional association 279.24 with either party, or (ii) use the services of a hearing officer 279.25 to conduct the hearing. An owner may appeal the hearing 279.26 officer's decision to the district court within five days of the 279.27 notice of the decision. 279.28 (3) The judge or hearing officer may authorize the return 279.29 of the animal if the judge or hearing officer finds that (i) the 279.30 animal is physically fit; (ii) the person claiming an interest 279.31 in the animal can and will provide the care required by law for 279.32 the animal; and (iii) the animal has not been used for violent 279.33 pitting or fighting. 279.34 (4) The person claiming an interest in the animal is liable 279.35 for all actual costs of care, keeping, and disposal of the 279.36 animal, except to the extent that a court or hearing officer 280.1 finds that the seizure or impoundment was not substantially 280.2 justified by law. The costs must be paid in full or a mutually 280.3 satisfactory arrangement for payment must be made between the 280.4 municipality and the person claiming an interest in the animal 280.5 before the return of the animal to the person. 280.6 Subd. 6. [PHOTOGRAPHS.] (a) Photographs of animals seized 280.7 during an investigation are competent evidence if the 280.8 photographs are admissible into evidence under all the rules of 280.9 law governing the admissibility of photographs into evidence. A 280.10 satisfactorily identified photographic record is as admissible 280.11 in evidence as the animal itself. 280.12 (b) A photograph must be accompanied by a written 280.13 description of the animals seized, the name of the owner of the 280.14 animals seized, the date of the photograph, and the name, 280.15 address, organization, and signature of the photographer. 280.16 Subd. 7. [VETERINARY INVESTIGATIVE REPORT.] (a) A report 280.17 completed by a Minnesota licensed veterinarian following an 280.18 examination of an animal seized during an investigation is 280.19 competent evidence. A satisfactorily identified veterinary 280.20 investigative report is as admissible in evidence as the animal 280.21 itself. 280.22 (b) The veterinary investigative report may contain a 280.23 written description of the animal seized, the medical evaluation 280.24 of the physical findings, the prognosis for recovery, and the 280.25 date of the examination and must contain the name, address, 280.26 veterinary clinic, and signature of the veterinarian performing 280.27 the examination. 280.28 [EFFECTIVE DATE.] This section is effective August 1, 2005, 280.29 and applies to crimes committed on or after that date. 280.30 Sec. 5. Minnesota Statutes 2004, section 609.02, 280.31 subdivision 16, is amended to read: 280.32 Subd. 16. [QUALIFIED DOMESTIC VIOLENCE-RELATED OFFENSE.] 280.33 "Qualified domestic violence-related offense" includes the 280.34 following offenses: sections 518B.01, subdivision 14 (violation 280.35 of domestic abuse order for protection); 609.221 (first-degree 280.36 assault); 609.222 (second-degree assault); 609.223 (third-degree 281.1 assault); 609.2231 (fourth-degree assault); 609.224 281.2 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 281.3 (domestic assault by strangulation); 609.342 (first-degree 281.4 criminal sexual conduct); 609.343 (second-degree criminal sexual 281.5 conduct); 609.344 (third-degree criminal sexual conduct); 281.6 609.345 (fourth-degree criminal sexual conduct); 609.377 281.7 (malicious punishment of a child); 609.713 (terroristic 281.8 threats); 609.748, subdivision 6 (violation of harassment 281.9 restraining order); and 609.749 (harassment/stalking); and 281.10 similar laws of other states, the United States, the District of 281.11 Columbia, tribal lands, and United States territories. 281.12 [EFFECTIVE DATE.] This section is effective August 1, 2005, 281.13 and applies to crimes committed on or after that date. 281.14 Sec. 6. Minnesota Statutes 2004, section 609.185, is 281.15 amended to read: 281.16 609.185 [MURDER IN THE FIRST DEGREE.] 281.17 (a) Whoever does any of the following is guilty of murder 281.18 in the first degree and shall be sentenced to imprisonment for 281.19 life: 281.20 (1) causes the death of a human being with premeditation 281.21 and with intent to effect the death of the person or of another; 281.22 (2) causes the death of a human being while committing or 281.23 attempting to commit criminal sexual conduct in the first or 281.24 second degree with force or violence, either upon or affecting 281.25 the person or another; 281.26 (3) causes the death of a human being with intent to effect 281.27 the death of the person or another, while committing or 281.28 attempting to commit burglary, aggravated robbery, kidnapping, 281.29 arson in the first or second degree, a drive-by shooting, 281.30 tampering with a witness in the first degree, escape from 281.31 custody, or any felony violation of chapter 152 involving the 281.32 unlawful sale of a controlled substance; 281.33 (4) causes the death of a peace officer or a guard employed 281.34 at a Minnesota state or local correctional facility, with intent 281.35 to effect the death of that person or another, while the peace 281.36 officer or guard is engaged in the performance of official 282.1 duties; 282.2 (5) causes the death of a minor while committing child 282.3 abuse, when the perpetrator has engaged in a past pattern of 282.4 child abuse uponthea child and the death occurs under 282.5 circumstances manifesting an extreme indifference to human life; 282.6 (6) causes the death of a human being while committing 282.7 domestic abuse, when the perpetrator has engaged in a past 282.8 pattern of domestic abuse upon the victim or upon another family 282.9 or household member and the death occurs under circumstances 282.10 manifesting an extreme indifference to human life; or 282.11 (7) causes the death of a human being while committing, 282.12 conspiring to commit, or attempting to commit a felony crime to 282.13 further terrorism and the death occurs under circumstances 282.14 manifesting an extreme indifference to human life. 282.15 (b) For purposes of paragraph (a), clause (5), "child abuse" 282.16 means an act committed against a minor victim that constitutes a 282.17 violation of the following laws of this state or any similar 282.18 laws of the United States or any other state: section 609.221; 282.19 609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 282.20 609.345; 609.377; 609.378; or 609.713. 282.21 (c) For purposes of paragraph (a), clause (6), "domestic 282.22 abuse" means an act that: 282.23 (1) constitutes a violation of section 609.221, 609.222, 282.24 609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 282.25 609.713, or any similar laws of the United States or any other 282.26 state; and 282.27 (2) is committed against the victim who is a family or 282.28 household member as defined in section 518B.01, subdivision 2, 282.29 paragraph (b). 282.30 (d) For purposes of paragraph (a), clause (7), "further 282.31 terrorism" has the meaning given in section 609.714, subdivision 282.32 1. 282.33 [EFFECTIVE DATE.] This section is effective the day 282.34 following final enactment and applies to crimes committed on or 282.35 after that date. 282.36 Sec. 7. Minnesota Statutes 2004, section 609.2231, 283.1 subdivision 3, is amended to read: 283.2 Subd. 3. [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS; AND 283.3 SECURE TREATMENT FACILITY PERSONNEL.] (a) As used in this 283.4 subdivision: 283.5 (1) "correctional facility" has the meaning given in 283.6 section 241.021, subdivision 1, paragraph (f); and 283.7 (2) "secure treatment facility" has the meaning given in 283.8 section 253B.02, subdivision 18a. 283.9 (b) Whoever commits either of the following acts against an 283.10 employee of a correctional facilityas defined in section283.11241.021, subdivision 1, paragraph (f),oragainst a probation 283.12 officer or other qualified person employed in supervising 283.13 offenders, or against an employee or other individual who 283.14 provides care or treatment at a secure treatment facility, while 283.15 theemployee, officer, orperson is engaged in the performance 283.16 of a duty imposed by law, policy, or rule is guilty of a felony 283.17 and may be sentenced to imprisonment for not more than two years 283.18 or to payment of a fine of not more than $4,000, or both: 283.19 (1) assaults theemployeeperson and inflicts demonstrable 283.20 bodily harm; or 283.21 (2) intentionally throws or otherwise transfers bodily 283.22 fluids or feces at or onto theemployeeperson. 283.23 [EFFECTIVE DATE.] This section is effective August 1, 2005, 283.24 and applies to crimes committed on or after that date. 283.25 Sec. 8. Minnesota Statutes 2004, section 609.2242, 283.26 subdivision 3, is amended to read: 283.27 Subd. 3. [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person 283.28 is convicted of a violation of this section or section 609.221, 283.29 609.222, 609.223,or609.224, or 609.2247, the court shall 283.30 determine and make written findings on the record as to whether: 283.31 (1) the assault was committed against a family or household 283.32 member, as defined in section 518B.01, subdivision 2; 283.33 (2) the defendant owns or possesses a firearm; and 283.34 (3) the firearm was used in any way during the commission 283.35 of the assault. 283.36 (b) If the court determines that the assault was of a 284.1 family or household member, and that the offender owns or 284.2 possesses a firearm and used it in any way during the commission 284.3 of the assault, it shall order that the firearm be summarily 284.4 forfeited under section 609.5316, subdivision 3. 284.5 (c) When a person is convicted of assaulting a family or 284.6 household member and is determined by the court to have used a 284.7 firearm in any way during commission of the assault, the court 284.8 may order that the person is prohibited from possessing any type 284.9 of firearm for any period longer than three years or for the 284.10 remainder of the person's life. A person who violates this 284.11 paragraph is guilty of a gross misdemeanor. At the time of the 284.12 conviction, the court shall inform the defendant whether and for 284.13 how long the defendant is prohibited from possessing a firearm 284.14 and that it is a gross misdemeanor to violate this paragraph. 284.15 The failure of the court to provide this information to a 284.16 defendant does not affect the applicability of the firearm 284.17 possession prohibition or the gross misdemeanor penalty to that 284.18 defendant. 284.19 (d) Except as otherwise provided in paragraph (c), when a 284.20 person is convicted of a violation of this section or section 284.21 609.224 and the court determines that the victim was a family or 284.22 household member, the court shall inform the defendant that the 284.23 defendant is prohibited from possessing a pistol for three years 284.24 from the date of conviction and that it is a gross misdemeanor 284.25 offense to violate this prohibition. The failure of the court 284.26 to provide this information to a defendant does not affect the 284.27 applicability of the pistol possession prohibition or the gross 284.28 misdemeanor penalty to that defendant. 284.29 (e) Except as otherwise provided in paragraph (c), a person 284.30 is not entitled to possess a pistol if the person has been 284.31 convicted after August 1, 1992, of domestic assault under this 284.32 section or assault in the fifth degree under section 609.224 and 284.33 the assault victim was a family or household member as defined 284.34 in section 518B.01, subdivision 2, unless three years have 284.35 elapsed from the date of conviction and, during that time, the 284.36 person has not been convicted of any other violation of this 285.1 section or section 609.224. Property rights may not be abated 285.2 but access may be restricted by the courts. A person who 285.3 possesses a pistol in violation of this paragraph is guilty of a 285.4 gross misdemeanor. 285.5 [EFFECTIVE DATE.] This section is effective August 1, 2005, 285.6 and applies to crimes committed on or after that date. 285.7 Sec. 9. [609.2247] [DOMESTIC ASSAULT BY STRANGULATION.] 285.8 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 285.9 the following terms have the meanings given. 285.10 (b) "Family or household members" has the meaning given in 285.11 section 518B.01, subdivision 2. 285.12 (c) "Strangulation" means intentionally impeding normal 285.13 breathing or circulation of the blood by applying pressure on 285.14 the throat or neck or by blocking the nose or mouth of another 285.15 person. 285.16 Subd. 2. [CRIME.] Unless a greater penalty is provided 285.17 elsewhere, whoever assaults a family or household member by 285.18 strangulation is guilty of a gross misdemeanor. 285.19 [EFFECTIVE DATE.] This section is effective August 1, 2005, 285.20 and applies to crimes committed on or after that date. 285.21 Sec. 10. Minnesota Statutes 2004, section 609.229, 285.22 subdivision 3, is amended to read: 285.23 Subd. 3. [PENALTY.] (a) If the crime committed in 285.24 violation of subdivision 2 or 5 is a felony, the statutory 285.25 maximum for the crime is five years longer than the statutory 285.26 maximum for the underlying crime. 285.27 (b) If the crime committed in violation of subdivision 2 or 285.28 5 is a misdemeanor, the person is guilty of a gross misdemeanor. 285.29 (c) If the crime committed in violation of subdivision 2 or 285.30 5 is a gross misdemeanor, the person is guilty of a felony and 285.31 may be sentenced to imprisonment for not more than three years 285.32 or to payment of a fine of not more than $15,000, or both. 285.33 [EFFECTIVE DATE.] This section is effective August 1, 2005, 285.34 and applies to crimes committed on or after that date. 285.35 Sec. 11. Minnesota Statutes 2004, section 609.229, is 285.36 amended by adding a subdivision to read: 286.1 Subd. 5. [GANG MEMBER; CRIME AGAINST A CHILD.] (a) For 286.2 purposes of this subdivision, "child" means an individual under 286.3 18 years of age. 286.4 (b) A person who is a member of a gang who commits a crime 286.5 against a child is guilty of a crime and may be sentenced as 286.6 provided in subdivision 3. 286.7 [EFFECTIVE DATE.] This section is effective August 1, 2005, 286.8 and applies to crimes committed on or after that date. 286.9 Sec. 12. Minnesota Statutes 2004, section 609.233, 286.10 subdivision 1, is amended to read: 286.11 Subdivision 1. [CRIME.] A caregiver or operator who 286.12 intentionally neglects a vulnerable adult or knowingly permits 286.13 conditions to exist that result in the abuse or neglect of a 286.14 vulnerable adult is guilty ofa gross misdemeanorcriminal 286.15 neglect and may be sentenced as provided in subdivision 3. For 286.16 purposes of this section, "abuse" has the meaning given in 286.17 section 626.5572, subdivision 2, and "neglect" means a failure 286.18 to provide a vulnerable adult with necessary food, clothing, 286.19 shelter, health care, or supervision. 286.20 [EFFECTIVE DATE.] This section is effective August 1, 2005, 286.21 and applies to crimes committed on or after that date. 286.22 Sec. 13. Minnesota Statutes 2004, section 609.233, is 286.23 amended by adding a subdivision to read: 286.24 Subd. 3. [PENALTIES.] (a) A person who violates 286.25 subdivision 1 may be sentenced as follows: 286.26 (1) if neglect results in the death of a vulnerable adult, 286.27 imprisonment for not more than ten years or payment of a fine of 286.28 not more than $20,000, or both; 286.29 (2) if neglect results in substantial bodily harm or the 286.30 risk of death, imprisonment for not more than five years or 286.31 payment of a fine of not more than $10,000, or both; or 286.32 (3) in other cases, imprisonment for not more than one year 286.33 or payment of a fine of not more than $3,000, or both. 286.34 [EFFECTIVE DATE.] This section is effective August 1, 2005, 286.35 and applies to crimes committed on or after that date. 286.36 Sec. 14. Minnesota Statutes 2004, section 609.321, 287.1 subdivision 12, is amended to read: 287.2 Subd. 12. [PUBLIC PLACE.] A "public place" means a public 287.3 street or sidewalk, a pedestrian skyway system as defined in 287.4 section 469.125, subdivision 4, a hotel, motel, or other place 287.5 of public accommodation,ora place licensed to sell 287.6 intoxicating liquor, wine, nonintoxicating malt beverages, or 287.7 food, or a motor vehicle located on a public street, alley, or 287.8 parking lot ordinarily used by or available to the public though 287.9 not used as a matter of right and a driveway connecting such a 287.10 parking lot with a street or highway. 287.11 [EFFECTIVE DATE.] This section is effective August 1, 2005, 287.12 and applies to crimes committed on or after that date. 287.13 Sec. 15. Minnesota Statutes 2004, section 609.378, 287.14 subdivision 1, is amended to read: 287.15 Subdivision 1. [PERSONS GUILTY OF NEGLECT OR 287.16 ENDANGERMENT.] (a) [NEGLECT.] (1) A parent, legal guardian, or 287.17 caretaker who willfully deprives a child of necessary food, 287.18 clothing, shelter, health care, or supervision appropriate to 287.19 the child's age, when the parent, guardian, or caretaker is 287.20 reasonably able to make the necessary provisions and the 287.21 deprivation harms or is likely to substantially harm the child's 287.22 physical, mental, or emotional health is guilty of neglect of a 287.23 child and may be sentenced to imprisonment for not more than one 287.24 year or to payment of a fine of not more than $3,000, or both. 287.25 If the deprivation results in substantial harm to the child's 287.26 physical, mental, or emotional health, the person may be 287.27 sentenced to imprisonment for not more than five years or to 287.28 payment of a fine of not more than $10,000, or both. If a 287.29 parent, guardian, or caretaker responsible for the child's care 287.30 in good faith selects and depends upon spiritual means or prayer 287.31 for treatment or care of disease or remedial care of the child, 287.32 this treatment or care is "health care," for purposes of this 287.33 clause. 287.34 (2) A parent, legal guardian, or caretaker who knowingly 287.35 permits the continuing physical or sexual abuse of a child is 287.36 guilty of neglect of a child and may be sentenced to 288.1 imprisonment for not more than one year or to payment of a fine 288.2 of not more than $3,000, or both. 288.3 (3) A parent, legal guardian, or caretaker who is 288.4 responsible for a child who is eight years of age or younger 288.5 shall not leave that child in a motor vehicle where the child is 288.6 not supervised by a person who is at least 14 years of age, if: 288.7 (i) the conditions present a risk to the child's health or 288.8 safety; or 288.9 (ii) the engine of the motor vehicle is running or the keys 288.10 to the motor vehicle are anywhere in the passenger compartment 288.11 of the vehicle. 288.12 A person who violates this paragraph is guilty of neglect of a 288.13 child and may be sentenced to imprisonment for not more than 90 288.14 days or to payment of a fine of not more than $1,000, or both. 288.15 (b) [ENDANGERMENT.] A parent, legal guardian, or caretaker 288.16 who endangers the child's person or health by: 288.17 (1) intentionally or recklessly causing or permitting a 288.18 child to be placed in a situation likely to substantially harm 288.19 the child's physical, mental, or emotional health or cause the 288.20 child's death; or 288.21 (2) knowingly causing or permitting the child to be present 288.22 where any person is selling, manufacturing, possessing immediate 288.23 precursors or chemical substances with intent to manufacture, or 288.24 possessing a controlled substance, as defined in section 152.01, 288.25 subdivision 4, in violation of section 152.021, 152.022, 288.26 152.023, or 152.024; is guilty of child endangerment and may be 288.27 sentenced to imprisonment for not more than one year or to 288.28 payment of a fine of not more than $3,000, or both. 288.29 If the endangerment results in substantial harm to the 288.30 child's physical, mental, or emotional health, the person may be 288.31 sentenced to imprisonment for not more than five years or to 288.32 payment of a fine of not more than $10,000, or both. 288.33 This paragraph does not prevent a parent, legal guardian, 288.34 or caretaker from causing or permitting a child to engage in 288.35 activities that are appropriate to the child's age, stage of 288.36 development, and experience, or from selecting health care as 289.1 defined in subdivision 1, paragraph (a). 289.2 (c) [ENDANGERMENT BY FIREARM ACCESS.] A person who 289.3 intentionally or recklessly causes a child under 14 years of age 289.4 to be placed in a situation likely to substantially harm the 289.5 child's physical health or cause the child's death as a result 289.6 of the child's access to a loaded firearm is guilty of child 289.7 endangerment and may be sentenced to imprisonment for not more 289.8 than one year or to payment of a fine of not more than $3,000, 289.9 or both. 289.10 If the endangerment results in substantial harm to the 289.11 child's physical health, the person may be sentenced to 289.12 imprisonment for not more than five years or to payment of a 289.13 fine of not more than $10,000, or both. 289.14 [EFFECTIVE DATE.] This section is effective July 1, 2005, 289.15 and applies to crimes committed on or after that date. 289.16 Sec. 16. Minnesota Statutes 2004, section 609.487, is 289.17 amended by adding a subdivision to read: 289.18 Subd. 6. [FLEEING, OTHER THAN VEHICLE.] Whoever, for the 289.19 purpose of avoiding arrest, detention, or investigation, or in 289.20 order to conceal or destroy potential evidence related to the 289.21 commission of a crime, attempts to evade or elude a peace 289.22 officer, who is acting in the lawful discharge of an official 289.23 duty, by means of running, hiding, or by any other means except 289.24 fleeing in a motor vehicle, is guilty of a misdemeanor. 289.25 [EFFECTIVE DATE.] This section is effective August 1, 2005, 289.26 and applies to crimes committed on or after that date. 289.27 Sec. 17. Minnesota Statutes 2004, section 609.50, 289.28 subdivision 1, is amended to read: 289.29 Subdivision 1. [CRIME.] Whoever intentionally does any of 289.30 the following may be sentenced as provided in subdivision 2: 289.31 (1) obstructs, hinders, or prevents the lawful execution of 289.32 any legal process, civil or criminal, or apprehension of another 289.33 on a charge or conviction of a criminal offense; 289.34 (2) obstructs, resists, or interferes with a peace officer 289.35 while the officer is engaged in the performance of official 289.36 duties; 290.1 (3) interferes with or obstructs the prevention or 290.2 extinguishing of a fire, or disobeys the lawful order of a 290.3 firefighter present at the fire;or290.4 (4) interferes with or obstructs a member of an ambulance 290.5 service personnel crew, as defined in section 144E.001, 290.6 subdivision 3a, who is providing, or attempting to provide, 290.7 emergency care; or 290.8 (5) by force or threat of force endeavors to obstruct any 290.9 employee of the Department of Revenue while the employee is 290.10 lawfully engaged in the performance of official duties for the 290.11 purpose of deterring or interfering with the performance of 290.12 those duties. 290.13 [EFFECTIVE DATE.] This section is effective August 1, 2005, 290.14 and applies to crimes committed on or after that date. 290.15 Sec. 18. Minnesota Statutes 2004, section 609.505, is 290.16 amended to read: 290.17 609.505 [FALSELY REPORTING CRIME.] 290.18 Subdivision 1. [FALSE REPORTING.] Whoever informs a law 290.19 enforcement officer that a crime has been committed or otherwise 290.20 provides information to an on-duty peace officer regarding the 290.21 conduct of others, knowing that it is false and intending that 290.22 the officer shall act in reliance upon it, is guilty of a 290.23 misdemeanor. A person who is convicted a second or subsequent 290.24 time under this section is guilty of a gross misdemeanor. 290.25 Subd. 2. [REPORTING POLICE MISCONDUCT.] (a) Whoever 290.26 informs, or causes information to be communicated to, a public 290.27 officer, as defined in section 609.415, subdivision 1, or an 290.28 employee thereof, whose responsibilities include investigating 290.29 or reporting police misconduct, that a peace officer, as defined 290.30 in section 626.84, subdivision 1, paragraph (c), has committed 290.31 an act of police misconduct, knowing that the information is 290.32 false, is guilty of a crime and may be sentenced as follows: 290.33 (1) up to the maximum provided for a misdemeanor if the 290.34 false information does not allege a criminal act; or 290.35 (2) up to the maximum provided for a gross misdemeanor if 290.36 the false information alleges a criminal act. 291.1 (b) The court shall order any person convicted of a 291.2 violation of this subdivision to make full restitution of all 291.3 reasonable expenses incurred in the investigation of the false 291.4 allegation unless the court makes a specific written finding 291.5 that restitution would be inappropriate under the 291.6 circumstances. A restitution award may not exceed $3,000. 291.7 [EFFECTIVE DATE.] This section is effective August 1, 2005, 291.8 and applies to crimes committed on or after that date. 291.9 Sec. 19. Minnesota Statutes 2004, section 609.52, 291.10 subdivision 2, is amended to read: 291.11 Subd. 2. [ACTS CONSTITUTING THEFT.] Whoever does any of 291.12 the following commits theft and may be sentenced as provided in 291.13 subdivision 3: 291.14 (1) intentionally and without claim of right takes, uses, 291.15 transfers, conceals or retains possession of movable property of 291.16 another without the other's consent and with intent to deprive 291.17 the owner permanently of possession of the property; or 291.18 (2) with or without having a legal interest in movable 291.19 property, intentionally and without consent, takes the property 291.20 out of the possession of a pledgee or other person having a 291.21 superior right of possession, with intent thereby to deprive the 291.22 pledgee or other person permanently of the possession of the 291.23 property; or 291.24 (3) obtains for the actor or another the possession, 291.25 custody, or title to property of or performance of services by a 291.26 third person by intentionally deceiving the third person with a 291.27 false representation which is known to be false, made with 291.28 intent to defraud, and which does defraud the person to whom it 291.29 is made. "False representation" includes without limitation: 291.30 (i) the issuance of a check, draft, or order for the 291.31 payment of money, except a forged check as defined in section 291.32 609.631, or the delivery of property knowing that the actor is 291.33 not entitled to draw upon the drawee therefor or to order the 291.34 payment or delivery thereof; or 291.35 (ii) a promise made with intent not to perform. Failure to 291.36 perform is not evidence of intent not to perform unless 292.1 corroborated by other substantial evidence; or 292.2 (iii) the preparation or filing of a claim for 292.3 reimbursement, a rate application, or a cost report used to 292.4 establish a rate or claim for payment for medical care provided 292.5 to a recipient of medical assistance under chapter 256B, which 292.6 intentionally and falsely states the costs of or actual services 292.7 provided by a vendor of medical care; or 292.8 (iv) the preparation or filing of a claim for reimbursement 292.9 for providing treatment or supplies required to be furnished to 292.10 an employee under section 176.135 which intentionally and 292.11 falsely states the costs of or actual treatment or supplies 292.12 provided; or 292.13 (v) the preparation or filing of a claim for reimbursement 292.14 for providing treatment or supplies required to be furnished to 292.15 an employee under section 176.135 for treatment or supplies that 292.16 the provider knew were medically unnecessary, inappropriate, or 292.17 excessive; or 292.18 (4) by swindling, whether by artifice, trick, device, or 292.19 any other means, obtains property or services from another 292.20 person; or 292.21 (5) intentionally commits any of the acts listed in this 292.22 subdivision but with intent to exercise temporary control only 292.23 and: 292.24 (i) the control exercised manifests an indifference to the 292.25 rights of the owner or the restoration of the property to the 292.26 owner; or 292.27 (ii) the actor pledges or otherwise attempts to subject the 292.28 property to an adverse claim; or 292.29 (iii) the actor intends to restore the property only on 292.30 condition that the owner pay a reward or buy back or make other 292.31 compensation; or 292.32 (6) finds lost property and, knowing or having reasonable 292.33 means of ascertaining the true owner, appropriates it to the 292.34 finder's own use or to that of another not entitled thereto 292.35 without first having made reasonable effort to find the owner 292.36 and offer and surrender the property to the owner; or 293.1 (7) intentionally obtains property or services, offered 293.2 upon the deposit of a sum of money or tokens in a coin or token 293.3 operated machine or other receptacle, without making the 293.4 required deposit or otherwise obtaining the consent of the 293.5 owner; or 293.6 (8) intentionally and without claim of right converts any 293.7 article representing a trade secret, knowing it to be such, to 293.8 the actor's own use or that of another person or makes a copy of 293.9 an article representing a trade secret, knowing it to be such, 293.10 and intentionally and without claim of right converts the same 293.11 to the actor's own use or that of another person. It shall be a 293.12 complete defense to any prosecution under this clause for the 293.13 defendant to show that information comprising the trade secret 293.14 was rightfully known or available to the defendant from a source 293.15 other than the owner of the trade secret; or 293.16 (9) leases or rents personal property under a written 293.17 instrument and who: 293.18 (i) with intent to place the property beyond the control of 293.19 the lessor conceals or aids or abets the concealment of the 293.20 property or any part thereof; or 293.21 (ii) sells, conveys, or encumbers the property or any part 293.22 thereof without the written consent of the lessor, without 293.23 informing the person to whom the lessee sells, conveys, or 293.24 encumbers that the same is subject to such lease or rental 293.25 contract with intent to deprive the lessor of possession 293.26 thereof; or 293.27 (iii) does not return the property to the lessor at the end 293.28 of the lease or rental term, plus agreed upon extensions, with 293.29 intent to wrongfully deprive the lessor of possession of the 293.30 property; or 293.31 (iv) returns the property to the lessor at the end of the 293.32 lease or rental term, plus agreed upon extensions, but does not 293.33 pay the lease or rental charges agreed upon in the written 293.34 instrument, with intent to wrongfully deprive the lessor of the 293.35 agreed upon charges. 293.36 For the purposes of items (iii) and (iv), the value of the 294.1 property must be at least $100. 294.2 Evidence that a lessee used a false, fictitious, or not current 294.3 name, address, or place of employment in obtaining the property 294.4 or fails or refuses to return the property or pay the rental 294.5 contract charges to lessor within five days after written demand 294.6 for the return has been served personally in the manner provided 294.7 for service of process of a civil action or sent by certified 294.8 mail to the last known address of the lessee, whichever shall 294.9 occur later, shall be evidence of intent to violate this 294.10 clause. Service by certified mail shall be deemed to be 294.11 complete upon deposit in the United States mail of such demand, 294.12 postpaid and addressed to the person at the address for the 294.13 person set forth in the lease or rental agreement, or, in the 294.14 absence of the address, to the person's last known place of 294.15 residence; or 294.16 (10) alters, removes, or obliterates numbers or symbols 294.17 placed on movable property for purpose of identification by the 294.18 owner or person who has legal custody or right to possession 294.19 thereof with the intent to prevent identification, if the person 294.20 who alters, removes, or obliterates the numbers or symbols is 294.21 not the owner and does not have the permission of the owner to 294.22 make the alteration, removal, or obliteration; or 294.23 (11) with the intent to prevent the identification of 294.24 property involved, so as to deprive the rightful owner of 294.25 possession thereof, alters or removes any permanent serial 294.26 number, permanent distinguishing number or manufacturer's 294.27 identification number on personal property or possesses, sells 294.28 or buys any personal property knowing or having reason to know 294.29 that the permanent serial number, permanent distinguishing 294.30 number or manufacturer's identification number has been removed 294.31 or altered; or 294.32 (12) intentionally deprives another of a lawful charge for 294.33 cable television service by: 294.34 (i) making or using or attempting to make or use an 294.35 unauthorized external connection outside the individual dwelling 294.36 unit whether physical, electrical, acoustical, inductive, or 295.1 other connection; or by 295.2 (ii) attaching any unauthorized device to any cable, wire, 295.3 microwave, or other component of a licensed cable communications 295.4 system as defined in chapter 238. Nothing herein shall be 295.5 construed to prohibit the electronic video rerecording of 295.6 program material transmitted on the cable communications system 295.7 by a subscriber for fair use as defined by Public Law 94-553, 295.8 section 107; or 295.9 (13) except as provided in paragraphs (12) and (14), 295.10 obtains the services of another with the intention of receiving 295.11 those services without making the agreed or reasonably expected 295.12 payment of money or other consideration; or 295.13 (14) intentionally deprives another of a lawful charge for 295.14 telecommunications service by: 295.15 (i) making, using, or attempting to make or use an 295.16 unauthorized connection whether physical, electrical, by wire, 295.17 microwave, radio, or other means to a component of a local 295.18 telecommunication system as provided in chapter 237; or 295.19 (ii) attaching an unauthorized device to a cable, wire, 295.20 microwave, radio, or other component of a local 295.21 telecommunication system as provided in chapter 237. 295.22 The existence of an unauthorized connection is prima facie 295.23 evidence that the occupier of the premises: 295.24 (i) made or was aware of the connection; and 295.25 (ii) was aware that the connection was unauthorized; or 295.26 (15) with intent to defraud, diverts corporate property 295.27 other than in accordance with general business purposes or for 295.28 purposes other than those specified in the corporation's 295.29 articles of incorporation; or 295.30 (16) with intent to defraud, authorizes or causes a 295.31 corporation to make a distribution in violation of section 295.32 302A.551, or any other state law in conformity with it; or 295.33 (17) takes or drives a motor vehicle without the consent of 295.34 the owner or an authorized agent of the owner, knowing or having 295.35 reason to know that the owner or an authorized agent of the 295.36 owner did not give consent. 296.1 [EFFECTIVE DATE.] This section is effective August 1, 2005, 296.2 and applies to crimes committed on or after that date. 296.3 Sec. 20. Minnesota Statutes 2004, section 609.527, 296.4 subdivision 1, is amended to read: 296.5 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 296.6 the following terms have the meanings given them in this 296.7 subdivision. 296.8 (b) "Direct victim" means any person or entity described in 296.9 section 611A.01, paragraph (b), whose identity has been 296.10 transferred, used, or possessed in violation of this section. 296.11 (c) "False pretense" means any false, fictitious, 296.12 misleading, or fraudulent information or pretense or pretext 296.13 depicting or including or deceptively similar to the name, logo, 296.14 Web site address, e-mail address, postal address, telephone 296.15 number, or any other identifying information of a for-profit or 296.16 not-for-profit business or organization or of a government 296.17 agency, to which the user has no legitimate claim of right. 296.18 (d) "Identity" means any name, number, or data transmission 296.19 that may be used, alone or in conjunction with any other 296.20 information, to identify a specific individual or entity, 296.21 including any of the following: 296.22 (1) a name, Social Security number, date of birth, official 296.23 government-issued driver's license or identification number, 296.24 government passport number, or employer or taxpayer 296.25 identification number; 296.26 (2) unique electronic identification number, address, 296.27 account number, or routing code; or 296.28 (3) telecommunication identification information or access 296.29 device. 296.30(d)(e) "Indirect victim" means any person or entity 296.31 described in section 611A.01, paragraph (b), other than a direct 296.32 victim. 296.33(e)(f) "Loss" means value obtained, as defined in section 296.34 609.52, subdivision 1, clause (3), and expenses incurred by a 296.35 direct or indirect victim as a result of a violation of this 296.36 section. 297.1(f)(g) "Unlawful activity" means: 297.2 (1) any felony violation of the laws of this state or any 297.3 felony violation of a similar law of another state or the United 297.4 States; and 297.5 (2) any nonfelony violation of the laws of this state 297.6 involving theft, theft by swindle, forgery, fraud, or giving 297.7 false information to a public official, or any nonfelony 297.8 violation of a similar law of another state or the United States. 297.9 [EFFECTIVE DATE.] This section is effective August 1, 2005, 297.10 and applies to crimes committed on or after that date. 297.11 Sec. 21. Minnesota Statutes 2004, section 609.527, 297.12 subdivision 3, is amended to read: 297.13 Subd. 3. [PENALTIES.] A person who violates subdivision 2 297.14 may be sentenced as follows: 297.15 (1) if the offense involves a single direct victim and the 297.16 total, combined loss to the direct victim and any indirect 297.17 victims is $250 or less, the person may be sentenced as provided 297.18 in section 609.52, subdivision 3, clause (5); 297.19 (2) if the offense involves a single direct victim and the 297.20 total, combined loss to the direct victim and any indirect 297.21 victims is more than $250 but not more than $500, the person may 297.22 be sentenced as provided in section 609.52, subdivision 3, 297.23 clause (4); 297.24 (3) if the offense involves two or three direct victims or 297.25 the total, combined loss to the direct and indirect victims is 297.26 more than $500 but not more than $2,500, the person may be 297.27 sentenced as provided in section 609.52, subdivision 3, clause 297.28 (3); 297.29 (4) if the offense involves more than three but not more 297.30 than seven direct victims, or if the total combined loss to the 297.31 direct and indirect victims is more than $2,500, the person may 297.32 be sentenced as provided in section 609.52, subdivision 3, 297.33 clause (2); and 297.34 (5) if the offense involves eight or more direct victims,; 297.35 or if the total, combined loss to the direct and indirect 297.36 victims is more than $35,000,; or if the offense is related to 298.1 possession or distribution of pornographic work in violation of 298.2 section 617.246 or 617.247; the person may be sentenced as 298.3 provided in section 609.52, subdivision 3, clause (1). 298.4 [EFFECTIVE DATE.] This section is effective August 1, 2005, 298.5 and applies to crimes committed on or after that date. 298.6 Sec. 22. Minnesota Statutes 2004, section 609.527, 298.7 subdivision 4, is amended to read: 298.8 Subd. 4. [RESTITUTION; ITEMS PROVIDED TO VICTIM.] (a) A 298.9 direct or indirect victim of an identity theft crime shall be 298.10 considered a victim for all purposes, including any rights that 298.11 accrue under chapter 611A and rights to court-ordered 298.12 restitution. 298.13 (b) The court shall order a person convicted of violating 298.14 subdivision 2 to pay restitution of not less than $1,000 to each 298.15 direct victim of the offense. 298.16 (c) Upon the written request of a direct victim or the 298.17 prosecutor setting forth with specificity the facts and 298.18 circumstances of the offense in a proposed order, the court 298.19 shall provide to the victim, without cost, a certified copy of 298.20 the complaint filed in the matter, the judgment of conviction, 298.21 and an order setting forth the facts and circumstances of the 298.22 offense. 298.23 [EFFECTIVE DATE.] This section is effective August 1, 2005, 298.24 and applies to crimes committed on or after that date. 298.25 Sec. 23. Minnesota Statutes 2004, section 609.527, is 298.26 amended by adding a subdivision to read: 298.27 Subd. 5a. [CRIME OF ELECTRONIC USE OF FALSE PRETENSE TO 298.28 OBTAIN IDENTITY.] (a) A person who, with intent to obtain the 298.29 identity of another, uses a false pretense in an e-mail to 298.30 another person or in a Web page, electronic communication, 298.31 advertisement, or any other communication on the Internet, is 298.32 guilty of a crime. 298.33 (b) Whoever commits such offense may be sentenced to 298.34 imprisonment for not more than five years or to payment of a 298.35 fine of not more than $10,000, or both. 298.36 (c) In a prosecution under this subdivision, it is not a 299.1 defense that: 299.2 (1) the person committing the offense did not obtain the 299.3 identity of another; 299.4 (2) the person committing the offense did not use the 299.5 identity; or 299.6 (3) the offense did not result in financial loss or any 299.7 other loss to any person. 299.8 [EFFECTIVE DATE.] This section is effective August 1, 2005, 299.9 and applies to crimes committed on or after that date. 299.10 Sec. 24. Minnesota Statutes 2004, section 609.527, 299.11 subdivision 6, is amended to read: 299.12 Subd. 6. [VENUE.] Notwithstanding anything to the contrary 299.13 in section 627.01, an offense committed under subdivision 2 or 299.14 5a may be prosecuted in: 299.15 (1) the county where the offense occurred;or299.16 (2) the county of residence or place of business of the 299.17 direct victim or indirect victim; or 299.18 (3) in the case of a violation of subdivision 5a, the 299.19 county of residence of the person whose identity was obtained or 299.20 sought. 299.21 [EFFECTIVE DATE.] This section is effective August 1, 2005, 299.22 and applies to crimes committed on or after that date. 299.23 Sec. 25. Minnesota Statutes 2004, section 609.605, 299.24 subdivision 1, is amended to read: 299.25 Subdivision 1. [MISDEMEANOR.] (a) The following terms have 299.26 the meanings given them for purposes of this section. 299.27 (i) "Premises" means real property and any appurtenant 299.28 building or structure. 299.29 (ii) "Dwelling" means the building or part of a building 299.30 used by an individual as a place of residence on either a 299.31 full-time or a part-time basis. A dwelling may be part of a 299.32 multidwelling or multipurpose building, or a manufactured home 299.33 as defined in section 168.011, subdivision 8. 299.34 (iii) "Construction site" means the site of the 299.35 construction, alteration, painting, or repair of a building or 299.36 structure. 300.1 (iv) "Owner or lawful possessor," as used in paragraph (b), 300.2 clause (9), means the person on whose behalf a building or 300.3 dwelling is being constructed, altered, painted, or repaired and 300.4 the general contractor or subcontractor engaged in that work. 300.5 (v) "Posted," as used: 300.6 (A) in clause (9), means the placement of a sign at least 300.7 11 inches square in a conspicuous place on the exterior of the 300.8 building that is under construction, alteration, or repair, and 300.9 additional signs in at least two conspicuous places for each ten 300.10 acres being protected. The sign must carry an appropriate 300.11 notice and the name of the person giving the notice, followed by 300.12 the word "owner" if the person giving the notice is the holder 300.13 of legal title to the land on which the construction site is 300.14 located or by the word "occupant" if the person giving the 300.15 notice is not the holder of legal title but is a lawful occupant 300.16 of the land; and 300.17 (B) in clause (10), means the placement of signs that: 300.18 (I) state "no trespassing" or similar terms; 300.19 (II) display letters at least two inches high; 300.20 (III) state that Minnesota law prohibits trespassing on the 300.21 property; and 300.22 (IV) are posted in a conspicuous place and at intervals of 300.23 500 feet or less. 300.24 (vi) "Business licensee," as used in paragraph (b), clause 300.25 (9), includes a representative of a building trades labor or 300.26 management organization. 300.27 (vii) "Building" has the meaning given in section 609.581, 300.28 subdivision 2. 300.29 (b) A person is guilty of a misdemeanor if the person 300.30 intentionally: 300.31 (1) permits domestic animals or fowls under the actor's 300.32 control to go on the land of another within a city; 300.33 (2) interferes unlawfully with a monument, sign, or pointer 300.34 erected or marked to designate a point of a boundary, line or a 300.35 political subdivision, or of a tract of land; 300.36 (3) trespasses on the premises of another and, without 301.1 claim of right, refuses to depart from the premises on demand of 301.2 the lawful possessor; 301.3 (4) occupies or enters the dwelling or locked or posted 301.4 building of another, without claim of right or consent of the 301.5 owner or the consent of one who has the right to give consent, 301.6 except in an emergency situation; 301.7 (5) enters the premises of another with intent to take or 301.8 injure any fruit, fruit trees, or vegetables growing on the 301.9 premises, without the permission of the owner or occupant; 301.10 (6) enters or is found on the premises of a public or 301.11 private cemetery without authorization during hours the cemetery 301.12 is posted as closed to the public; 301.13 (7) returns to the property of another with the intent to 301.14 abuse, disturb, or cause distress in or threaten another, after 301.15 being told to leave the property and not to return, if the actor 301.16 is without claim of right to the property or consent of one with 301.17 authority to consent; 301.18 (8) returns to the property of another within30 daysone 301.19 year after being told to leave the property and not to return, 301.20 if the actor is without claim of right to the property or 301.21 consent of one with authority to consent;or301.22 (9) enters the locked or posted construction site of 301.23 another without the consent of the owner or lawful possessor, 301.24 unless the person is a business licensee; or 301.25 (10) enters the locked or posted aggregate mining site of 301.26 another without the consent of the owner or lawful possessor, 301.27 unless the person is a business licensee. 301.28 [EFFECTIVE DATE.] This section is effective August 1, 2005, 301.29 and applies to crimes committed on or after that date. 301.30 Sec. 26. Minnesota Statutes 2004, section 609.605, 301.31 subdivision 4, is amended to read: 301.32 Subd. 4. [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 301.33 misdemeanor for a person to enter or be found in a public or 301.34 nonpublic elementary, middle, or secondary school building 301.35 unless the person: 301.36 (1) is an enrolled student in, a parent or guardian of an 302.1 enrolled student in, or an employee of the school or school 302.2 district; 302.3 (2) has permission or an invitation from a school official 302.4 to be in the building; 302.5 (3) is attending a school event, class, or meeting to which 302.6 the person, the public, or a student's family is invited; or 302.7 (4) has reported the person's presence in the school 302.8 building in the manner required for visitors to the school. 302.9 (b) It is a gross misdemeanor for a group of three or more 302.10 persons to enter or be found in a public or nonpublic 302.11 elementary, middle, or secondary school building unless one of 302.12 the persons: 302.13 (1) is an enrolled student in, a parent or guardian of an 302.14 enrolled student in, or an employee of the school or school 302.15 district; 302.16 (2) has permission or an invitation from a school official 302.17 to be in the building; 302.18 (3) is attending a school event, class, or meeting to which 302.19 the person, the public, or a student's family is invited; or 302.20 (4) has reported the person's presence in the school 302.21 building in the manner required for visitors to the school. 302.22 (c) It is a misdemeanor for a person to enter or be found 302.23 on school property withinsix monthsone year after being told 302.24 by the school principal or the principal's designee to leave the 302.25 property and not to return, unless the principal or the 302.26 principal's designee has given the person permission to return 302.27 to the property. As used in this paragraph, "school property" 302.28 has the meaning given in section 152.01, subdivision 14a, 302.29 clauses (1) and (3). 302.30 (d) A school principal or a school employee designated by 302.31 the school principal to maintain order on school property, who 302.32 has reasonable cause to believe that a person is violating this 302.33 subdivision may detain the person in a reasonable manner for a 302.34 reasonable period of time pending the arrival of a peace 302.35 officer. A school principal or designated school employee is 302.36 not civilly or criminally liable for any action authorized under 303.1 this paragraph if the person's action is based on reasonable 303.2 cause. 303.3 (e) A peace officer may arrest a person without a warrant 303.4 if the officer has probable cause to believe the person violated 303.5 this subdivision within the preceding four hours. The arrest 303.6 may be made even though the violation did not occur in the peace 303.7 officer's presence. 303.8 [EFFECTIVE DATE.] This section is effective August 1, 2005, 303.9 and applies to crimes committed on or after that date. 303.10 Sec. 27. Minnesota Statutes 2004, section 609.763, 303.11 subdivision 3, is amended to read: 303.12 Subd. 3. [AGGREGATION; JURISDICTION.] In a prosecution 303.13 under this section, the dollar amountsobtainedinvolved in 303.14 violation of subdivision 1 within any 12-month period may be 303.15 aggregated and the defendant charged accordingly. When two or 303.16 more offenses are committed by the same person in two or more 303.17 counties, the defendant may be prosecuted in any county in which 303.18 one of the offenses was committed for all of the offenses 303.19 aggregated under this subdivision. 303.20 [EFFECTIVE DATE.] This section is effective August 1, 2005, 303.21 and applies to crimes committed on or after that date. 303.22 Sec. 28. [609.849] [RAILROAD THAT OBSTRUCTS TREATMENT OF 303.23 AN INJURED WORKER.] 303.24 (a) It shall be unlawful for a railroad or person employed 303.25 by a railroad to: 303.26 (1) deny, delay, or interfere with medical treatment or 303.27 first aid treatment to an employee of a railroad who has been 303.28 injured during employment; or 303.29 (2) discipline or threaten to discipline an employee of a 303.30 railroad who has been injured during employment for requesting 303.31 medical treatment or first aid treatment. 303.32 (b) A railroad or a person who violates paragraph (a), 303.33 clause (1) or (2), shall be fined not more than $10,000 for each 303.34 violation. 303.35 [EFFECTIVE DATE.] This section is effective August 1, 2005, 303.36 and applies to crimes committed on or after that date. 304.1 Sec. 29. [609.896] [CRIMINAL USE OF REAL PROPERTY.] 304.2 Subdivision 1. [DEFINITIONS.] For the purposes of this 304.3 section, the following terms have the meanings given them. 304.4 (a) "Audiovisual recording function" means the capability 304.5 of a device to record or transmit a motion picture or any part 304.6 of a motion picture by means of any technology now known or 304.7 later developed. 304.8 (b) "Convicted" includes a conviction for a similar offense 304.9 under the law of another state or the federal government. 304.10 (c) "Motion picture theater" means a movie theater, 304.11 screening room, or other venue when used primarily for the 304.12 exhibition of a motion picture. 304.13 Subd. 2. [CRIME.] (a) Any person in a motion picture 304.14 theater while a motion picture is being exhibited who knowingly 304.15 operates an audiovisual recording function of a device without 304.16 the consent of the owner or lessee of the motion picture theater 304.17 is guilty of criminal use of real property. 304.18 (b) If a person is convicted of a first offense, it is a 304.19 misdemeanor. 304.20 (c) If a person is convicted of a second offense, it is a 304.21 gross misdemeanor. 304.22 (d) If a person is convicted of a third or subsequent 304.23 offense, it is a felony and the person may be sentenced to 304.24 imprisonment for not more than two years or to payment of a fine 304.25 of not more than $4,000, or both. 304.26 Subd. 3. [DETAINING SUSPECTS.] An owner or lessee of a 304.27 motion picture theater is a merchant for purposes of section 304.28 629.366. 304.29 Subd. 4. [EXCEPTION.] This section does not prevent any 304.30 lawfully authorized investigative, law enforcement protective, 304.31 or intelligence gathering employee or agent of the state or 304.32 federal government from operating any audiovisual recording 304.33 device in a motion picture theater where a motion picture is 304.34 being exhibited, as part of lawfully authorized investigative, 304.35 law enforcement protective, or intelligence gathering activities. 304.36 Subd. 5. [NOT PRECLUDE ALTERNATIVE PROSECUTION.] Nothing 305.1 in this section prevents prosecution under any other provision 305.2 of law. 305.3 [EFFECTIVE DATE.] This section is effective August 1, 2005, 305.4 and applies to crimes committed on or after that date. 305.5 Sec. 30. [CRIMINAL PROPERTY OFFENSE MONETARY THRESHOLD 305.6 COMMITTEE.] 305.7 Subdivision 1. [ESTABLISHMENT; DUTIES.] A Criminal 305.8 Property Offense Monetary Threshold Committee is established to 305.9 study and propose adjusting threshold dollar amounts of property 305.10 crimes. The committee shall identify the property crimes in 305.11 addition to theft, as defined in Minnesota Statutes, section 305.12 609.52, that contain threshold dollar amounts that require 305.13 revision. In determining how much property crime threshold 305.14 dollar amounts should be revised, the committee shall take into 305.15 consideration the Consumer Price Index for urban, suburban, and 305.16 rural consumers in Minnesota, and any other historical and 305.17 economic factors relevant to a rational and proportionate 305.18 adjustment of thresholds. 305.19 Subd. 2. [RESOURCES.] The committee may use legislative 305.20 staff to provide legal counsel, research, and secretarial and 305.21 clerical assistance. The Sentencing Guidelines Commission, 305.22 Department of Corrections, and state court administrator shall 305.23 provide technical assistance to the committee on request. 305.24 Subd. 3. [MEMBERSHIP.] The committee consists of: 305.25 (1) three senators, no more than two of whom are from the 305.26 same political party, appointed by the senate Subcommittee on 305.27 Committees of the Committee on Rules and Administration and 305.28 three members of the house of representatives, no more than two 305.29 of whom are from the same political party, appointed by the 305.30 speaker; 305.31 (2) representatives from each of the following groups 305.32 appointed by the chairs of the senate Committee on Crime 305.33 Prevention and Public Safety and the house Public Safety and 305.34 Finance Committee: 305.35 (i) crime victim advocates; 305.36 (ii) county attorneys; 306.1 (iii) city attorneys; 306.2 (iv) professors of law with expertise in criminal justice; 306.3 (v) district court judges; 306.4 (vi) criminal defense attorneys; 306.5 (vii) probation officers; and 306.6 (viii) public members who are victims of crime; and 306.7 (3) the state court administrator who shall chair the group. 306.8 Subd. 4. [RECOMMENDATIONS.] The committee shall present 306.9 the legislature with dollar threshold adjustment recommendations 306.10 in the form of a bill that amends the property crime statutes it 306.11 has identified as in need of revision no later than January 15, 306.12 2006. The bill shall be presented to the chair of the senate 306.13 Crime Prevention and Public Safety Committee and house Public 306.14 Safety and Finance Committee. 306.15 [EFFECTIVE DATE.] This section is effective July 1, 2005. 306.16 ARTICLE 18 306.17 DWI AND TRAFFIC SAFETY POLICY 306.18 Section 1. Minnesota Statutes 2004, section 169.06, is 306.19 amended by adding a subdivision to read: 306.20 Subd. 5b. [POSSESSION OF OVERRIDE DEVICE.] (a) For 306.21 purposes of this subdivision, "traffic signal-override device" 306.22 means a device located in a motor vehicle that permits 306.23 activation of a traffic signal-override system described in 306.24 subdivision 5a. 306.25 (b) No person may operate a motor vehicle that contains a 306.26 traffic signal-override device, other than: 306.27 (1) an authorized emergency vehicle described in section 306.28 169.01, subdivision 5, clause (1), (2), or (3); 306.29 (2) a vehicle, including a rail vehicle, engaged in 306.30 providing bus rapid transit service or light rail transit 306.31 service; 306.32 (3) a signal maintenance vehicle of a road authority; or 306.33 (4) a vehicle authorized to contain such a device by order 306.34 of the commissioner of public safety. 306.35 (c) No person may possess a traffic signal-override device, 306.36 other than: 307.1 (1) a person authorized to operate a vehicle described in 307.2 paragraph (b), clauses (1) and (2), but only for use in that 307.3 vehicle; 307.4 (2) a person authorized by a road authority to perform 307.5 signal maintenance, while engaged in such maintenance; or 307.6 (3) a person authorized by order of the commissioner of 307.7 public safety to possess a traffic signal-override device, but 307.8 only to the extent authorized in the order. 307.9 (d) A violation of this subdivision is a misdemeanor. 307.10 [EFFECTIVE DATE.] This section is effective August 1, 2005, 307.11 and applies to crimes committed on or after that date. 307.12 Sec. 2. Minnesota Statutes 2004, section 169.685, 307.13 subdivision 5, is amended to read: 307.14 Subd. 5. [VIOLATION; PETTY MISDEMEANOR.] (a) Every motor 307.15 vehicle operator, when transporting a child under the age 307.16 offourfive from January 1, 2006, to December 31, 2006, six 307.17 from January 1, 2007, to December 31, 2007, and seven on and 307.18 after January 1, 2008, on the streets and highways of this state 307.19 in a motor vehicle equipped with factory-installed seat belts, 307.20 shall equip and install for use in the motor vehicle, according 307.21 to the manufacturer's instructions, a child passenger restraint 307.22 system meeting federal motor vehicle safety standards. 307.23 (b) No motor vehicle operator who is operating a motor 307.24 vehicle on the streets and highways of this state may transport 307.25 a child under the age offourfive from January 1, 2006, to 307.26 December 31, 2006, six from January 1, 2007, to December 31, 307.27 2007, and seven on and after January 1, 2008, in a seat of a 307.28 motor vehicle equipped with a factory-installed seat belt, 307.29 unless the child is properly fastened in the child passenger 307.30 restraint system. The driver of a vehicle additionally shall 307.31 restrain children under the age of seven as follows: 307.32 (1) a child less than one year of age weighing less than 20 307.33 pounds must be properly restrained in a rear-facing child 307.34 restraint system; 307.35 (2) a child under the age of seven must sit in the back 307.36 seat unless the vehicle has no forward-facing back seat, all 308.1 seating positions in the back are being used by children under 308.2 the age of seven, or the child restraint cannot properly be 308.3 installed in the back seat; and 308.4 (3) a child under the age of seven may wear a lap-only seat 308.5 belt in the rear seat if there are no shoulder belts in the back 308.6 seat or if all the shoulder belts in the back seat are being 308.7 used by children under the age of 16. 308.8 (c) An operator of a pickup truck or sports utility vehicle 308.9 who transports a child under the age of seven on the streets and 308.10 highways of this state at a speed greater than 15 miles per hour 308.11 shall transport the child within the vehicle's passenger 308.12 compartment. 308.13 (d) Any motor vehicle operator who violates this 308.14 subdivision is guilty of a petty misdemeanor and may be 308.15 sentenced to pay a fine of not more than $50. The fine for the 308.16 first violation and any surcharge thereon may be waived or the 308.17 amount reduced if the motor vehicle operator produces evidence 308.18 that within 14 days after the date of the violation a child 308.19 passenger restraint system meeting federal motor vehicle safety 308.20 standards was purchased or obtained for the exclusive use of the 308.21 operator. 308.22 (c) The fines collected for violations of this subdivision 308.23 must be deposited in the state treasury and credited to a 308.24 special account to be known as the Minnesota child passenger 308.25 restraint and education account. 308.26 [EFFECTIVE DATE.] This section is effective January 1, 2006. 308.27 Sec. 3. Minnesota Statutes 2004, section 169A.275, 308.28 subdivision 1, is amended to read: 308.29 Subdivision 1. [SECOND OFFENSE.] (a) The court shall 308.30 sentence a person who is convicted of a violation of section 308.31 169A.20 (driving while impaired) within ten years of a qualified 308.32 prior impaired driving incident to either: 308.33 (1) a minimum of 30 days of incarceration, at least 48 308.34 hours of which must be servedconsecutivelyin a local 308.35 correctional facility; or 308.36 (2) eight hours of community work service for each day less 309.1 than 30 days that the person is ordered to serve in a local 309.2 correctional facility. 309.3 Notwithstanding section 609.135 (stay of imposition or execution 309.4 of sentence), the penalties in this paragraph must be executed, 309.5 unless the court departs from the mandatory minimum sentence 309.6 under paragraph (b) or (c). 309.7 (b) Prior to sentencing, the prosecutor may file a motion 309.8 to have a defendant described in paragraph (a) sentenced without 309.9 regard to the mandatory minimum sentence established by that 309.10 paragraph. The motion must be accompanied by a statement on the 309.11 record of the reasons for it. When presented with the 309.12 prosecutor's motion and if it finds that substantial mitigating 309.13 factors exist, the court shall sentence the defendant without 309.14 regard to the mandatory minimum sentence established by 309.15 paragraph (a). 309.16 (c) The court may, on its own motion, sentence a defendant 309.17 described in paragraph (a) without regard to the mandatory 309.18 minimum sentence established by that paragraph if it finds that 309.19 substantial mitigating factors exist and if its sentencing 309.20 departure is accompanied by a statement on the record of the 309.21 reasons for it. The court also may sentence the defendant 309.22 without regard to the mandatory minimum sentence established by 309.23 paragraph (a) if the defendant is sentenced to probation and 309.24 ordered to participate in a program established under section 309.25 169A.74 (pilot programs of intensive probation for repeat DWI 309.26 offenders). 309.27 (d) When any portion of the sentence required by paragraph 309.28 (a) is not executed, the court should impose a sentence that is 309.29 proportional to the extent of the offender's prior criminal and 309.30 moving traffic violation record. Any sentence required under 309.31 paragraph (a) must include a mandatory sentence that is not 309.32 subject to suspension or a stay of imposition or execution, and 309.33 that includes incarceration for not less than 48consecutive309.34 hours or at least 80 hours of community work service. 309.35 [EFFECTIVE DATE.] This section is effective August 1, 2005, 309.36 and applies to crimes committed on or after that date. 310.1 Sec. 4. Minnesota Statutes 2004, section 169A.52, 310.2 subdivision 4, is amended to read: 310.3 Subd. 4. [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 310.4 certification by the peace officer that there existed probable 310.5 cause to believe the person had been driving, operating, or in 310.6 physical control of a motor vehicle in violation of section 310.7 169A.20 (driving while impaired) and that the person submitted 310.8 to a test and the test results indicate an alcohol concentration 310.9 of 0.08 or more or the presence of a controlled substance listed 310.10 in schedule I or II, other than marijuana or 310.11 tetrahydrocannabinols, then the commissioner shall revoke the 310.12 person's license or permit to drive, or nonresident operating 310.13 privilege: 310.14 (1) for a period of 90 days; 310.15 (2) if the person is under the age of 21 years, for a 310.16 period of six months; 310.17 (3) for a person with a qualified prior impaired driving 310.18 incident within the past ten years, for a period of 180 days; or 310.19 (4) if the test results indicate an alcohol concentration 310.20 of 0.20 or more, for twice the applicable period in clauses (1) 310.21 to (3). 310.22 (b) On certification by the peace officer that there 310.23 existed probable cause to believe the person had been driving, 310.24 operating, or in physical control of a commercial motor vehicle 310.25 with any presence of alcohol and that the person submitted to a 310.26 test and the test results indicated an alcohol concentration of 310.27 0.04 or more, the commissioner shall disqualify the person from 310.28 operating a commercial motor vehicle under section 171.165 310.29 (commercial driver's license disqualification). 310.30 (c) If the test is of a person's blood or urine by a 310.31 laboratory operated by the Bureau of Criminal Apprehension, or 310.32 authorized by the bureau to conduct the analysis of a blood or 310.33 urine sample, the laboratory may directly certify to the 310.34 commissioner the test results, and the peace officer shall 310.35 certify to the commissioner that there existed probable cause to 310.36 believe the person had been driving, operating, or in physical 311.1 control of a motor vehicle in violation of section 169A.20 and 311.2 that the person submitted to a test. Upon receipt of both 311.3 certifications, the commissioner shall undertake the license 311.4 actions described in paragraphs (a) and (b). 311.5 [EFFECTIVE DATE.] This section is effective August 1, 2006, 311.6 and applies to blood and urine test samples analyzed on or after 311.7 that date. 311.8 Sec. 5. Minnesota Statutes 2004, section 169A.60, 311.9 subdivision 10, is amended to read: 311.10 Subd. 10. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 311.11 days following receipt of a notice and order of impoundment 311.12 under this section, a person may petition the court for review. 311.13 The petition must include proof of service of a copy of the 311.14 petition on the commissioner. The petition must include the 311.15 petitioner's date of birth, driver's license number, and date of 311.16 the plate impoundment violation, as well as the name of the 311.17 violator and the law enforcement agency that issued the plate 311.18 impoundment order. The petition must state with specificity the 311.19 grounds upon which the petitioner seeks rescission of the order 311.20 for impoundment. The petition may be combined with any petition 311.21 filed under section 169A.53 (administrative and judicial review 311.22 of license revocation). 311.23 (b) Except as otherwise provided in this section, the 311.24 judicial review and hearing are governed by section 169A.53 and 311.25 must take place at the same time as any judicial review of the 311.26 person's license revocation under section 169A.53. The filing 311.27 of the petition does not stay the impoundment order. The 311.28 reviewing court may order a stay of the balance of the 311.29 impoundment period if the hearing has not been conducted within 311.30 60 days after filing of the petition upon terms the court deems 311.31 proper. The court shall order either that the impoundment be 311.32 rescinded or sustained, and forward the order to the 311.33 commissioner. The court shall file its order within 14 days 311.34 following the hearing. 311.35 (c) In addition to the issues described in section 169A.53, 311.36 subdivision 3 (judicial review of license revocation), the scope 312.1 of a hearing under this subdivision is limited to: 312.2 (1)whether the violator owns, is the registered owner of,312.3possesses, or has access to the vehicle used in the plate312.4impoundment violation;312.5(2) whether a member of the violator's household has a312.6valid driver's license, the violator or registered owner has a312.7limited license issued under section 171.30, the registered312.8owner is not the violator, and the registered owner has a valid312.9or limited driver's license, or a member of the registered312.10owner's household has a valid driver's license; and312.11(3)if the impoundment is based on a plate impoundment 312.12 violation described in subdivision 1, paragraph(c)(d), clause 312.13 (3) or (4), whether the peace officer had probable cause to 312.14 believe the violator committed the plate impoundment violation 312.15 and whether the evidence demonstrates that the plate impoundment 312.16 violation occurred; and 312.17 (2) for all other cases, whether the peace officer had 312.18 probable cause to believe the violator committed the plate 312.19 impoundment violation. 312.20 (d) In a hearing under this subdivision, the following 312.21 records are admissible in evidence: 312.22 (1) certified copies of the violator's driving record; and 312.23 (2) certified copies of vehicle registration records 312.24 bearing the violator's name. 312.25 [EFFECTIVE DATE.] This section is effective August 1, 2005. 312.26 Sec. 6. Minnesota Statutes 2004, section 169A.60, 312.27 subdivision 11, is amended to read: 312.28 Subd. 11. [RESCISSION OF REVOCATION;AND DISMISSAL OR 312.29 ACQUITTAL; NEW PLATES.] If: 312.30 (1) the driver's license revocation that is the basis for 312.31 an impoundment order is rescinded; and 312.32 (2) the charges for the plate impoundment violation have 312.33 been dismissed with prejudice;or 312.34(3)the violator has been acquitted of the plate 312.35 impoundment violation; 312.36 then the registrar of motor vehicles shall issue new 313.1 registration plates for the vehicle at no cost, when the 313.2 registrar receives an application that includes a copy of the 313.3 order rescinding the driver's license revocation,and either the 313.4 order dismissing the charges,or the judgment of acquittal. 313.5 [EFFECTIVE DATE.] This section is effective the day 313.6 following final enactment. 313.7 Sec. 7. Minnesota Statutes 2004, section 169A.63, 313.8 subdivision 8, is amended to read: 313.9 Subd. 8. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 313.10 motor vehicle used to commit a designated offense or used in 313.11 conduct resulting in a designated license revocation is subject 313.12 to administrative forfeiture under this subdivision. 313.13 (b) When a motor vehicle is seized under subdivision 2, or 313.14 within a reasonable time after seizure, the appropriate agency 313.15 shall serve the driver or operator of the vehicle with a notice 313.16 of the seizure and intent to forfeit the vehicle. Additionally, 313.17 when a motor vehicle is seized under subdivision 2, or within a 313.18 reasonable time after that, all persons known to have an 313.19 ownership, possessory, or security interest in the vehicle must 313.20 be notified of the seizure and the intent to forfeit the 313.21 vehicle. For those vehicles required to be registered under 313.22 chapter 168, the notification to a person known to have a 313.23 security interest in the vehicle is required only if the vehicle 313.24 is registered under chapter 168 and the interest is listed on 313.25 the vehicle's title. Notice mailed by certified mail to the 313.26 address shown in Department of Public Safety records is 313.27 sufficient notice to the registered owner of the vehicle. For 313.28 motor vehicles not required to be registered under chapter 168, 313.29 notice mailed by certified mail to the address shown in the 313.30 applicable filing or registration for the vehicle is sufficient 313.31 notice to a person known to have an ownership, possessory, or 313.32 security interest in the vehicle. Otherwise, notice may be 313.33 given in the manner provided by law for service of a summons in 313.34 a civil action. 313.35 (c) The notice must be in writing and contain: 313.36 (1) a description of the vehicle seized; 314.1 (2) the date of seizure; and 314.2 (3) notice of the right to obtain judicial review of the 314.3 forfeiture and of the procedure for obtaining that judicial 314.4 review, printed in English, Hmong, and Spanish. Substantially 314.5 the following language must appear conspicuously: "IF YOU DO 314.6 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 314.7 STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 314.8 A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 314.9 RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT 314.10 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 314.11 UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR 314.12 LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT 314.13 HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 314.14 WORTH LESS THAN $500." 314.15 (d) Within 30 days following service of a notice of seizure 314.16 and forfeiture under this subdivision, a claimant may file a 314.17 demand for a judicial determination of the forfeiture. The 314.18 demand must be in the form of a civil complaint and must be 314.19 filed with the court administrator in the county in which the 314.20 seizure occurred, together with proof of service of a copy of 314.21 the complaint on the prosecuting authority having jurisdiction 314.22 over the forfeiture,and the appropriate agency that initiated 314.23 the forfeiture, including the standard filing fee for civil 314.24 actions unless the petitioner has the right to sue in forma 314.25 pauperis under section 563.01. If the value of the seized 314.26 property is $7,500 or less, the claimant may file an action in 314.27 conciliation court for recovery of the seized vehicle. A copy 314.28 of the conciliation court statement of claim must be served 314.29 personally or by mail on the prosecuting authority having 314.30 jurisdiction over the forfeiture, as well as on the appropriate 314.31 agency that initiated the forfeiture, within 30 days following 314.32 service of the notice of seizure and forfeiture under this 314.33 subdivision. If the value of the seized property is less than 314.34 $500, the claimant does not have to pay the conciliation court 314.35 filing fee. 314.36 No responsive pleading is required of the prosecuting 315.1 authority and no court fees may be charged for the prosecuting 315.2 authority's appearance in the matter. The prosecuting authority 315.3 may appear for the appropriate agency. Pleadings, filings, and 315.4 methods of service are governed by the Rules of Civil Procedure. 315.5 (e) The complaint must be captioned in the name of the 315.6 claimant as plaintiff and the seized vehicle as defendant, and 315.7 must state with specificity the grounds on which the claimant 315.8 alleges the vehicle was improperly seized, the claimant's 315.9 interest in the vehicle seized, and any affirmative defenses the 315.10 claimant may have. Notwithstanding any law to the contrary, an 315.11 action for the return of a vehicle seized under this section may 315.12 not be maintained by or on behalf of any person who has been 315.13 served with a notice of seizure and forfeiture unless the person 315.14 has complied with this subdivision. 315.15 (f) If the claimant makes a timely demand for a judicial 315.16 determination under this subdivision, the forfeiture proceedings 315.17 must be conducted as provided under subdivision 9. 315.18 [EFFECTIVE DATE.] This section is effective August 1, 2005, 315.19 and applies to forfeiture actions initiated on or after that 315.20 date. 315.21 Sec. 8. Minnesota Statutes 2004, section 169A.70, 315.22 subdivision 3, is amended to read: 315.23 Subd. 3. [ASSESSMENT REPORT.] (a) The assessment report 315.24 must be on a form prescribed by the commissioner and shall 315.25 contain an evaluation of the convicted defendant concerning the 315.26 defendant's prior traffic and criminal record, characteristics 315.27 and history of alcohol and chemical use problems, and 315.28 amenability to rehabilitation through the alcohol safety 315.29 program. The report is classified as private data on 315.30 individuals as defined in section 13.02, subdivision 12. 315.31 (b) The assessment report must include: 315.32 (1) a diagnosis of the nature of the offender's chemical 315.33 and alcohol involvement; 315.34 (2) an assessment of the severity level of the involvement; 315.35 (3) a recommended level of care for the offender in 315.36 accordance with the criteria contained in rules adopted by the 316.1 commissioner of human services under section 254A.03, 316.2 subdivision 3 (chemical dependency treatment rules); 316.3 (4) an assessment of the offender's placement needs; 316.4(2)(5) recommendations for other appropriate remedial 316.5 action or care, including aftercare services in section 254B.01, 316.6 subdivision 3, that may consist of educational programs, 316.7 one-on-one counseling, a program or type of treatment that 316.8 addresses mental health concerns, or a combination of them;or316.9 and 316.10(3)(6) a specific explanation why no level of care or 316.11 action was recommended, if applicable. 316.12 [EFFECTIVE DATE.] This section is effective August 1, 2005, 316.13 and applies to chemical use assessments made on or after that 316.14 date. 316.15 Sec. 9. Minnesota Statutes 2004, section 169A.70, is 316.16 amended by adding a subdivision to read: 316.17 Subd. 6. [METHOD OF ASSESSMENT.] (a) As used in this 316.18 subdivision, "collateral contact" means an oral or written 316.19 communication initiated by an assessor for the purpose of 316.20 gathering information from an individual or agency, other than 316.21 the offender, to verify or supplement information provided by 316.22 the offender during an assessment under this section. The term 316.23 includes contacts with family members and criminal justice 316.24 agencies. 316.25 (b) An assessment conducted under this section must include 316.26 at least one personal interview with the offender designed to 316.27 make a determination about the extent of the offender's past and 316.28 present chemical and alcohol use or abuse. It must also include 316.29 collateral contacts and a review of relevant records or reports 316.30 regarding the offender including, but not limited to, police 316.31 reports, arrest reports, driving records, chemical testing 316.32 records, and test refusal records. If the offender has a 316.33 probation officer, the officer must be the subject of a 316.34 collateral contact under this subdivision. If an assessor is 316.35 unable to make collateral contacts, the assessor shall specify 316.36 why collateral contacts were not made. 317.1 [EFFECTIVE DATE.] This section is effective August 1, 2005, 317.2 and applies to chemical use assessments made on or after that 317.3 date. 317.4 Sec. 10. Minnesota Statutes 2004, section 169A.70, is 317.5 amended by adding a subdivision to read: 317.6 Subd. 7. [PRECONVICTION ASSESSMENT.] (a) The court may not 317.7 accept a chemical use assessment conducted before conviction as 317.8 a substitute for the assessment required by this section unless 317.9 the court ensures that the preconviction assessment meets the 317.10 standards described in this section. 317.11 (b) If the commissioner of public safety is making a 317.12 decision regarding reinstating a person's driver's license based 317.13 on a chemical use assessment, the commissioner shall ensure that 317.14 the assessment meets the standards described in this section. 317.15 [EFFECTIVE DATE.] This section is effective August 1, 2005, 317.16 and applies to chemical use assessments made on or after that 317.17 date. 317.18 Sec. 11. Minnesota Statutes 2004, section 171.20, 317.19 subdivision 4, is amended to read: 317.20 Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is 317.21 reinstated, (1) a person whose driver's license has been 317.22 suspended under section 171.16,subdivisionsubdivisions 2 and 317.23 3; 171.18, except subdivision 1, clause (10); or 171.182, or who 317.24 has been disqualified from holding a commercial driver's license 317.25 under section 171.165, and (2) a person whose driver's license 317.26 has been suspended under section 171.186 and who is not exempt 317.27 from such a fee, must pay a fee of $20. 317.28 (b) Before the license is reinstated, a person whose 317.29 license has been suspended under sections 169.791 to 169.798 317.30 must pay a $20 reinstatement fee. 317.31 (c) When fees are collected by a licensing agent appointed 317.32 under section 171.061, a handling charge is imposed in the 317.33 amount specified under section 171.061, subdivision 4. The 317.34 reinstatement fee and surcharge must be deposited in an approved 317.35 state depository as directed under section 171.061, subdivision 317.36 4. 318.1 (d) Reinstatement fees collected under paragraph (a) for 318.2 suspensions under sections 171.16, subdivision 3, and 171.18, 318.3 subdivision 1, clause (10), shall be deposited in the special 318.4 revenue fund and are appropriated to the Peace Officer Standards 318.5 and Training Board for peace officer training reimbursement to 318.6 local units of government. 318.7 (e) A suspension may be rescinded without fee for good 318.8 cause. 318.9 [EFFECTIVE DATE.] This section is effective July 1, 2005. 318.10 Sec. 12. Minnesota Statutes 2004, section 171.26, is 318.11 amended to read: 318.12 171.26 [MONEY CREDITED TO FUNDS.] 318.13 All money received under this chapter must be paid into the 318.14 state treasury and credited to the trunk highway fund, except as 318.15 provided in sections 171.06, subdivision 2a; 171.07, subdivision 318.16 11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4, 318.17 paragraph (d); and 171.29, subdivision 2, paragraph (b). 318.18 [EFFECTIVE DATE.] This section is effective July 1, 2005. 318.19 Sec. 13. [REPEALER.] 318.20 Laws 2004, chapter 283, section 14, is repealed. 318.21 [EFFECTIVE DATE.] This section is effective the day 318.22 following final enactment. 318.23 ARTICLE 19 318.24 OPTION B FROM HOUSE RESOLUTION 8 318.25 Section 1. [PUBLIC SAFETY APPROPRIATIONS.] 318.26 These amounts are in addition to the appropriations in 318.27 Article 1 and are only effective if the house of representatives 318.28 passes H.F. 1664. The sums shown in the columns marked 318.29 "APPROPRIATIONS" are appropriated from the general fund, or 318.30 another named fund, to the agencies and for the purposes 318.31 specified in this act, to be available for the fiscal years 318.32 indicated for each purpose. The figures "2006" and "2007," 318.33 where used in this act, mean that the appropriation or 318.34 appropriations listed under them are available for the year 318.35 ending June 30, 2006, or June 30, 2007, respectively. The term 318.36 "first year" means the fiscal year ending June 30, 2006, and the 319.1 term "second year" means the fiscal year ending June 30, 2007. 319.2 APPROPRIATIONS 319.3 Available for the Year 319.4 Ending June 30 319.5 2006 2007 319.6 Sec. 2. CORRECTIONS $ 2,000,000 $ 2,000,000 319.7 [METHAMPHETAMINE TREATMENT GRANTS.] 319.8 $750,000 each year is for 319.9 methamphetamine treatment grants to 319.10 counties. 319.11 [METHAMPHETAMINE LAW ENFORCEMENT AND 319.12 SUPERVISION GRANTS.] $750,000 each year 319.13 is for methamphetamine enforcement and 319.14 supervision aid grants to counties. 319.15 [SHORT-TERM OFFENDERS.] $500,000 each 319.16 year is appropriated to the 319.17 commissioner of corrections for costs 319.18 associated with the housing and care of 319.19 short-term offenders. The commissioner 319.20 may use up to 20 percent of the total 319.21 amount of the appropriation for 319.22 inpatient medical care for short-term 319.23 offenders with less than six months to 319.24 serve as affected by Minnesota 319.25 Statutes, section 609.105, as amended 319.26 by Laws 2003, First Special Session 319.27 chapter 2, article 5, sections 7 to 9. 319.28 The commissioner shall establish and 319.29 implement policy governing the 319.30 admission, housing, medical care, and 319.31 release of this population. All funds 319.32 remaining at the end of the fiscal year 319.33 not expended for inpatient medical care 319.34 shall be added to and distributed with 319.35 the housing funds. These funds shall 319.36 be distributed proportionately based on 319.37 the total number of days short-term 319.38 offenders are placed locally, not to 319.39 exceed $70 per day. Short-term 319.40 offenders may be housed in a state 319.41 correctional facility at the discretion 319.42 of the commissioner. The Department of 319.43 Corrections is exempt from the state 319.44 contracting process for the purposes of 319.45 Minnesota Statutes, section 609.105, as 319.46 amended by Laws 2003, First Special 319.47 Session chapter 2, article 5, sections 319.48 7 to 9. 319.49 Sec. 3. PUBLIC SAFETY 400,000 100,000 319.50 [HOMELESS OUTREACH GRANTS.] $300,000 in 319.51 fiscal year 2006 is for a onetime 319.52 appropriation to the commissioner of 319.53 public safety to issue grants to 319.54 organizations that provide homeless 319.55 outreach and a bridge to stable housing 319.56 and services to homeless Minnesotans. 319.57 [YOUTH INTERVENTION GRANTS.] $100,000 319.58 each year is for youth intervention 319.59 programs currently under Minnesota 319.60 Statutes, section 116L.30 but to be 319.61 transferred to section 299A.73. This 319.62 money must be used to help existing 319.63 programs serve unmet needs in their 320.1 communities, and to create new programs 320.2 in underserved areas of the state.