as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 03/26/2003 |
1.1 A bill for an act 1.2 relating to crimes; reclassifying certain criminal and 1.3 traffic penalties; reclassifying certain thresholds 1.4 for certain criminal offenses; removing statutory 1.5 reporting requirements; removing statutory case 1.6 processing standards; amending Minnesota Statutes 1.7 2002, sections 16D.14, subdivision 2; 169.13, 1.8 subdivision 2; 169.791, subdivisions 2, 6; 169.792, 1.9 subdivision 7; 169.89, subdivision 1; 169A.53, 1.10 subdivision 3; 169A.63, subdivision 8; 171.08; 171.24, 1.11 subdivisions 1, 3, 4; 171.241; 260B.105, subdivisions 1.12 1, 2; 260B.143, subdivision 1, by adding a 1.13 subdivision; 260C.163, subdivision 5; 296A.24, 1.14 subdivision 2; 297A.91, subdivision 2; 297E.16, 1.15 subdivision 2; 297F.21, subdivision 3; 297G.20, 1.16 subdivision 4; 357.022; 484.08; 491A.01, subdivision 1.17 3; 491A.02, subdivision 2; 518B.01, subdivision 4; 1.18 546.27; 609.101, subdivision 4; 609.115, subdivision 1.19 1; 609.52, subdivision 3; 609.5314, subdivision 2; 1.20 609.535, subdivision 2a; 609.545; 609.595; 609.605, 1.21 subdivision 1; 609.615; 609.631, subdivision 4; 1.22 609.68; 609.681; 609.72, subdivision 1; 609.748, 1.23 subdivisions 1, 3, 3a, 4, 5; 609.893, subdivision 3; 1.24 repealing Minnesota Statutes 2002, sections 16D.14, 1.25 subdivision 3; 147.111; 147A.14; 147B.07; 148.102; 1.26 148.263; 148B.07; 148B.283; 148B.63; 149A.61; 150A.13; 1.27 153.24; 156.122; 340A.905; 626A.17; 631.40, 1.28 subdivisions 1a, 1b. 1.29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.30 ARTICLE 1 1.31 TRAFFIC-RELATED OFFENSES 1.32 Section 1. Minnesota Statutes 2002, section 169.13, 1.33 subdivision 2, is amended to read: 1.34 Subd. 2. [CARELESS DRIVING.] (a) Any person who operates 1.35 or halts any vehicle upon any street or highway carelessly or 1.36 heedlessly in disregard of the rights of others, or in a manner 1.37 that endangers or is likely to endanger any property or any 2.1 person, including the driver or passengers of the vehicle, is 2.2 guilty of a petty misdemeanor. A violation of this subdivision 2.3 that results in an accident or injury to a person other than the 2.4 driver is a misdemeanor. 2.5 (b) Notwithstanding any other law to the contrary, a petty 2.6 misdemeanor violation of this subdivision does not constitute 2.7 grounds for the revocation or suspension of the person's 2.8 driver's license. 2.9 Sec. 2. Minnesota Statutes 2002, section 169.791, 2.10 subdivision 2, is amended to read: 2.11 Subd. 2. [REQUIREMENT FOR DRIVER, WHETHER OR NOT OWNER.] 2.12 (a) Every driver shall have in possession at all times when 2.13 operating a vehicle and shall produce on demand of a peace 2.14 officer proof of insurance in force at the time of the demand 2.15 covering the vehicle being operated. If the driver does not 2.16 produce the required proof of insurance upon the demand of a 2.17 peace officer, the driver is guilty of a petty misdemeanor. A 2.18 person is guilty of a gross misdemeanor who violates this 2.19 section within ten years of the first of two prior convictions 2.20 under this section, section 169.797, or a statute or ordinance 2.21 in conformity with one of those sections. The same prosecuting 2.22 authority who is responsible for prosecuting misdemeanor 2.23 violations of this section is responsible for prosecuting gross 2.24 misdemeanor violations of this section. A driver who is not the 2.25 owner of the vehicle may not be convicted under this section 2.26 unless the driver knew or had reason to know that the owner did 2.27 not have proof of insurance required by this section, provided 2.28 that the driver provides the officer with the name and address 2.29 of the owner at the time of the demand or complies with 2.30 subdivision 3. 2.31 (b) Notwithstanding any other law to the contrary, a petty 2.32 misdemeanor violation of this subdivision does not constitute 2.33 grounds for the revocation or suspension of the person's 2.34 driver's license. 2.35 Sec. 3. Minnesota Statutes 2002, section 169.791, 2.36 subdivision 6, is amended to read: 3.1 Subd. 6. [PENALTY.] In addition to any sentence of 3.2 imprisonment that the court may impose, the court shall impose a 3.3 fine of not less than $200 nor more than the maximum fine 3.4 applicable to misdemeanors upon a nonpetty misdemeanor 3.5 conviction under this section. The court may allow community 3.6 service in lieu of any fine imposed if the defendant is 3.7 indigent. In addition to criminal penalties, a person convicted 3.8underof a nonpetty misdemeanor violation of this section is 3.9 subject to revocation of a driver's license or permit to drive 3.10 under section 169.792, subdivision 7, and to revocation of motor 3.11 vehicle registration under section 169.792, subdivision 12. 3.12 Sec. 4. Minnesota Statutes 2002, section 169.792, 3.13 subdivision 7, is amended to read: 3.14 Subd. 7. [LICENSE REVOCATION.] Upon receiving the 3.15 notification under subdivision 6 or notification of a nonpetty 3.16 misdemeanor conviction for violation of section 169.791, the 3.17 commissioner shall revoke the person's driver's license or 3.18 permit to drive. The revocation shall be effective beginning 14 3.19 days after the date of notification by the district court 3.20 administrator or officer to the department of public safety. In 3.21 order to be revoked, notice must have been mailed to the person 3.22 by the commissioner at least ten days before the effective date 3.23 of the revocation. If the person, before the effective date of 3.24 the revocation, provides the commissioner with the proof of 3.25 insurance or other verifiable insurance information as 3.26 determined by the commissioner, establishing that the required 3.27 insurance covered the vehicle at the time of the original 3.28 demand, the revocation must not become effective. Revocation 3.29 based upon receipt of a notification under subdivision 6 must be 3.30 carried out regardless of the status or disposition of any 3.31 related criminal charge. The person's driver's license or 3.32 permit to drive shall be revoked for the longer of: (i) the 3.33 period provided in section 169.797, subdivision 4, paragraph 3.34 (c), including any rules adopted under that paragraph, or (ii) 3.35 until the driver or owner files proof of insurance with the 3.36 department of public safety satisfactory to the commissioner of 4.1 public safety. A license must not be revoked more than once 4.2 based upon the same demand for proof of insurance. 4.3 Sec. 5. Minnesota Statutes 2002, section 169.89, 4.4 subdivision 1, is amended to read: 4.5 Subdivision 1. [VIOLATION; WHEN PETTY MISDEMEANOR ENHANCED4.6TO MISDEMEANOR.] Unless otherwise declared in this chapter with 4.7 respect to particular offenses, it is a petty misdemeanor for 4.8 any person to do any act forbidden or fail to perform any act 4.9 required by this chapter; except that:4.10(1) a violation which is committed in a manner or under4.11circumstances so as to endanger or be likely to endanger any4.12person or property; or4.13(2) exclusive of violations relating to the standing or4.14parking of an unattended vehicle, a violation of any of the4.15provisions of this chapter, classified therein as a petty4.16misdemeanor, when preceded by two or more petty misdemeanor4.17convictions within the immediate preceding 12-month period;4.18is a misdemeanor to which the provisions of subdivision 2 shall4.19not apply. 4.20 Sec. 6. Minnesota Statutes 2002, section 171.08, is 4.21 amended to read: 4.22 171.08 [LICENSEE TO HAVE LICENSE IN POSSESSION.] 4.23 (a) Every licensee shall have the license in immediate 4.24 possession at all times when operating a motor vehicle and shall 4.25 display it upon demand of a peace officer, an authorized 4.26 representative of the department, or an officer authorized by 4.27 law to enforce the laws relating to the operation of motor 4.28 vehicles on public streets and highways. Unless the person is 4.29 the holder of a limited license issued under section 171.30, no 4.30 person charged with violating the possession requirement shall 4.31 be convicted if the person produces in court or the office of 4.32 the arresting officer a driver's license previously issued to 4.33 that person for the class of vehicle being driven which was 4.34 valid at the time ofarrestcitation or satisfactory proof that 4.35 at the time of thearrestcitation the person was validly 4.36 licensed for the class of vehicle being driven. The licensee 5.1 shall also, upon request of any officer, write the licensee's 5.2 name in the presence of the officer to determine the identity of 5.3 the licensee. A violation of this section is a petty 5.4 misdemeanor. 5.5 (b) Notwithstanding any other law to the contrary, a petty 5.6 misdemeanor violation of this section does not constitute 5.7 grounds for the revocation or suspension of the person's 5.8 driver's license. 5.9 Sec. 7. Minnesota Statutes 2002, section 171.24, 5.10 subdivision 1, is amended to read: 5.11 Subdivision 1. [DRIVING AFTER SUSPENSION; 5.12MISDEMEANORPENALTY.] (a) Except as otherwise provided in 5.13 subdivision 5, a person is guilty of a petty misdemeanor if: 5.14 (1) the person's driver's license or driving privilege has 5.15 been suspended; 5.16 (2) the person has been given notice of or reasonably 5.17 should know of the suspension; and 5.18 (3) the person disobeys the order by operating in this 5.19 state any motor vehicle, the operation of which requires a 5.20 driver's license, while the person's license or privilege is 5.21 suspended. 5.22 (b) Notwithstanding any other law to the contrary, a petty 5.23 misdemeanor violation of this subdivision does not constitute 5.24 grounds for the revocation or suspension of the person's 5.25 driver's license. 5.26 Sec. 8. Minnesota Statutes 2002, section 171.24, 5.27 subdivision 3, is amended to read: 5.28 Subd. 3. [DRIVING AFTER CANCELLATION; PETTY MISDEMEANOR.] 5.29 A person is guilty of a petty misdemeanor if: 5.30 (1) the person's driver's license or driving privilege has 5.31 been canceled; 5.32 (2) the person has been given notice of or reasonably 5.33 should know of the cancellation; and 5.34 (3) the person disobeys the order by operating in this 5.35 state any motor vehicle, the operation of which requires a 5.36 driver's license, while the person's license or privilege is 6.1 canceled. 6.2 Sec. 9. Minnesota Statutes 2002, section 171.24, 6.3 subdivision 4, is amended to read: 6.4 Subd. 4. [DRIVING AFTER DISQUALIFICATION; PETTY 6.5 MISDEMEANOR.] A person is guilty of a petty misdemeanor if the 6.6 person: 6.7 (1) has been disqualified from holding a commercial 6.8 driver's license or been denied the privilege to operate a 6.9 commercial motor vehicle; 6.10 (2) has been given notice of or reasonably should know of 6.11 the disqualification; and 6.12 (3) disobeys the order by operating in this state a 6.13 commercial motor vehicle while the person is disqualified to 6.14 hold the license or privilege. 6.15 Sec. 10. Minnesota Statutes 2002, section 171.241, is 6.16 amended to read: 6.17 171.241 [CHAPTER VIOLATIONS; MISDEMEANORS.] 6.18 It is a misdemeanor for any person to willfully violate any 6.19 of the provisions of this chapter unless the violation is 6.20 declared by any law to be a felony or gross misdemeanor, or the 6.21 violation is declared by a section of this chapter to be a petty 6.22 misdemeanor or a misdemeanor. 6.23 Sec. 11. [EFFECTIVE DATE.] 6.24 Sections 1 to 10 are effective August 1, 2003, and apply to 6.25 crimes committed on or after that date. 6.26 ARTICLE 2 6.27 CRIMINAL-RELATED PROVISIONS 6.28 Section 1. Minnesota Statutes 2002, section 609.101, 6.29 subdivision 4, is amended to read: 6.30 Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 6.31 any other law: 6.32 (1) when a court sentences a person convicted of a felony 6.33 that is not listed in subdivision 2 or 3, it must impose a fine 6.34 of not less than 30 percent of the maximum fine authorized by 6.35 law nor more than the maximum fine authorized by law; and 6.36 (2) when a court sentences a person convicted of a gross 7.1 misdemeanor or misdemeanor that is not listed in subdivision 2, 7.2 it must impose a fine of not less than 30 percent of the maximum 7.3 fine authorized by law nor more than the maximum fine authorized 7.4 by law, unless the fine is set at a lower amount on a uniform 7.5 fine schedule established by the conference of chief judges in 7.6 consultation with affected state and local agencies. This 7.7 schedule shall be promulgated not later thanJanuarySeptember 1 7.8 of each year and shall become effective onAugustJanuary 1 of 7.9thatthe next year unless the legislature, by law, provides 7.10 otherwise. 7.11 The minimum fine required by this subdivision is in 7.12 addition to the surcharge or assessment required by section 7.13 357.021, subdivision 6, and is in addition to any sentence of 7.14 imprisonment or restitution imposed or ordered by the court. 7.15 The court shall collect the fines mandated in this 7.16 subdivision and, except for fines for traffic and motor vehicle 7.17 violations governed by section 169.871 and section 299D.03 and 7.18 fish and game violations governed by section 97A.065, forward 20 7.19 percent of the revenues to the state treasurer for deposit in 7.20 the general fund. 7.21 Sec. 2. Minnesota Statutes 2002, section 609.115, 7.22 subdivision 1, is amended to read: 7.23 Subdivision 1. [PRESENTENCE INVESTIGATION.] (a) When a 7.24 defendant has been convicted of a misdemeanoror, gross 7.25 misdemeanor, or felony, the court may,and when the defendant7.26has been convicted of a felony, the court shall,before sentence 7.27 is imposed, cause a presentence investigation and written report 7.28 to be made to the court concerning the defendant's individual 7.29 characteristics, circumstances, needs, potentialities, criminal 7.30 record and social history, the circumstances of the offense and 7.31 the harm caused by it to others and to the community.At the7.32request of the prosecutor in a gross misdemeanor case, the court7.33shall order that a presentence investigation and report be7.34prepared.The investigation shall be made by a probation 7.35 officer of the court, if there is one; otherwise it shall be 7.36 made by the commissioner of corrections. The officer conducting 8.1 the presentence or predispositional investigation shall make 8.2 reasonable and good faith efforts to contact and provide the 8.3 victim with the information required under section 611A.037, 8.4 subdivision 2. Presentence investigations shall be conducted 8.5 and summary hearings held upon reports and upon the sentence to 8.6 be imposed upon the defendant in accordance with this section, 8.7 section 244.10, and the Rules of Criminal Procedure. 8.8 (b) When the crime is a violation of sections 609.561 to 8.9 609.563, 609.5641, or 609.576 and involves a fire, the report 8.10 shall include a description of the financial and physical harm 8.11 the offense has had on the public safety personnel who responded 8.12 to the fire. For purposes of this paragraph, "public safety 8.13 personnel" means the state fire marshal; employees of the 8.14 division of the state fire marshal; firefighters, regardless of 8.15 whether the firefighters receive any remuneration for providing 8.16 services; peace officers, as defined in section 626.05, 8.17 subdivision 2; individuals providing emergency management 8.18 services; and individuals providing emergency medical services. 8.19 (c) When the crime is a felony violation of chapter 152 8.20 involving the sale or distribution of a controlled substance, 8.21 the report shall include a description of any adverse social or 8.22 economic effects the offense has had on persons who reside in 8.23 the neighborhood where the offense was committed. 8.24 (d) The report shall also include the information relating 8.25 to crime victims required under section 611A.037, subdivision 1. 8.26 If the court directs, the report shall include an estimate of 8.27 the prospects of the defendant's rehabilitation and 8.28 recommendations as to the sentence which should be imposed. In 8.29 misdemeanor cases the report may be oral. 8.30 (e) When a defendant has been convicted of a felony, and 8.31 before sentencing, the court shall cause a sentencing worksheet 8.32 to be completed to facilitate the application of the Minnesota 8.33 sentencing guidelines. The worksheet shall be submitted as part 8.34 of the presentence investigation report. 8.35 (f) When a person is convicted of a felony for which the 8.36 sentencing guidelines presume that the defendant will be 9.1 committed to the commissioner of corrections under an executed 9.2 sentence and no motion for a sentencing departure has been made 9.3 by counsel, the court may, when there is no space available in 9.4 the local correctional facility, commit the defendant to the 9.5 custody of the commissioner of corrections, pending completion 9.6 of the presentence investigation and report. When a defendant 9.7 is convicted of a felony for which the sentencing guidelines do 9.8 not presume that the defendant will be committed to the 9.9 commissioner of corrections, or for which the sentencing 9.10 guidelines presume commitment to the commissioner but counsel 9.11 has moved for a sentencing departure, the court may commit the 9.12 defendant to the commissioner with the consent of the 9.13 commissioner, pending completion of the presentence 9.14 investigation and report. The county of commitment shall return 9.15 the defendant to the court when the court so orders. 9.16 Sec. 3. Minnesota Statutes 2002, section 609.52, 9.17 subdivision 3, is amended to read: 9.18 Subd. 3. [SENTENCE.] Whoever commits theft may be 9.19 sentenced as follows: 9.20 (1) to imprisonment for not more than 20 years or to 9.21 payment of a fine of not more than $100,000, or both, if the 9.22 property is a firearm, or the value of the property or services 9.23 stolen is more than $35,000 and the conviction is for a 9.24 violation of subdivision 2, clause (3), (4), (15), or (16); or 9.25 (2) to imprisonment for not more than ten years or to 9.26 payment of a fine of not more than $20,000, or both, if the 9.27 value of the property or services stolen exceeds$2,500$5,000, 9.28 or if the property stolen was an article representing a trade 9.29 secret, an explosive or incendiary device, or a controlled 9.30 substance listed in schedule I or II pursuant to section 152.02 9.31 with the exception of marijuana; or 9.32 (3) to imprisonment for not more than five years or to 9.33 payment of a fine of not more than $10,000, or both, if: 9.34 (a) the value of the property or services stolen is more 9.35 than$500$1,000 but not more than$2,500$5,000; or 9.36 (b) the property stolen was a controlled substance listed 10.1 in schedule III, IV, or V pursuant to section 152.02; or 10.2 (c) the value of the property or services stolen is more 10.3 than$250$500 but not more than$500$1,000 and the person has 10.4 been convicted within the preceding five years for an offense 10.5 under this section, section 256.98; 268.182; 609.24; 609.245; 10.6 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 10.7 609.631; or 609.821, or a statute from another state, the United 10.8 States, or a foreign jurisdiction, in conformity with any of 10.9 those sections, and the person received a felony or gross 10.10 misdemeanor sentence for the offense, or a sentence that was 10.11 stayed under section 609.135 if the offense to which a plea was 10.12 entered would allow imposition of a felony or gross misdemeanor 10.13 sentence; or 10.14 (d) the value of the property or services stolen is not 10.15 more than$500$1,000, and any of the following circumstances 10.16 exist: 10.17 (i) the property is taken from the person of another or 10.18 from a corpse, or grave or coffin containing a corpse; or 10.19 (ii) the property is a record of a court or officer, or a 10.20 writing, instrument or record kept, filed or deposited according 10.21 to law with or in the keeping of any public officer or office; 10.22 or 10.23 (iii) the property is taken from a burning, abandoned, or 10.24 vacant building or upon its removal therefrom, or from an area 10.25 of destruction caused by civil disaster, riot, bombing, or the 10.26 proximity of battle; or 10.27 (iv) the property consists of public funds belonging to the 10.28 state or to any political subdivision or agency thereof; or 10.29 (v) the property stolen is a motor vehicle; or 10.30 (4) to imprisonment for not more than one year or to 10.31 payment of a fine of not more than $3,000, or both, if the value 10.32 of the property or services stolen is more than$250$500 but 10.33 not more than$500$1,000; or 10.34 (5)in all othercases where the value of the property or 10.35 services stolen is more than $250or lessbut not more than 10.36 $500, to imprisonment for not more than 90 days or to payment of 11.1 a fine of not more than$700$1,000, or both, provided, however, 11.2 in any prosecution under subdivision 2, clauses (1), (2), (3), 11.3 (4), and (13), the value of the money or property or services 11.4 received by the defendant in violation of any one or more of the 11.5 above provisions within any six-month period may be aggregated 11.6 and the defendant charged accordingly in applying the provisions 11.7 of this subdivision; provided that when two or more offenses are 11.8 committed by the same person in two or more counties, the 11.9 accused may be prosecuted in any county in which one of the 11.10 offenses was committed for all of the offenses aggregated under 11.11 this paragraph; or 11.12 (6) except as provided in clause (7), in cases where the 11.13 value of property or services stolen is $250 or less, to payment 11.14 of a fine not more than $300; or 11.15 (7) in cases where the value of the property or services 11.16 stolen is $250 or less, and the offender has previously been 11.17 convicted of a violation of this section, to imprisonment for 11.18 not more than 90 days or to payment of a fine of not more than 11.19 $1,000, or both. 11.20 Sec. 4. Minnesota Statutes 2002, section 609.535, 11.21 subdivision 2a, is amended to read: 11.22 Subd. 2a. [PENALTIES.] (a) A person who is convicted of 11.23 issuing a dishonored check under subdivision 2 may be sentenced 11.24 as follows: 11.25 (1) to imprisonment for not more than five years or to 11.26 payment of a fine of not more than $10,000, or both, if the 11.27 value of the dishonored check, or checks aggregated under 11.28 paragraph (b), is more than$500$1,000; 11.29 (2) to imprisonment for not more than one year or to 11.30 payment of a fine of not more than $3,000, or both, if the value 11.31 of the dishonored check, or checks aggregated under paragraph 11.32 (b), is more than$250$500 but not more than$500$1,000;or11.33 (3) to imprisonment for not more than 90 days or to payment 11.34 of a fine of not more than$700$1,000, or both, if the value of 11.35 the dishonored check, or checks aggregated under paragraph 11.36 (b), is more than $250, but is not more than$250.$500; 12.1 (4) except as provided in clause (5), to payment of a fine 12.2 of not more than $300 if the value of the dishonored check, or 12.3 checks aggregated under paragraph (b), is more than $100 but not 12.4 more than $250; or 12.5 (5) to imprisonment for not more than 90 days or to payment 12.6 of a fine of not more than $1,000, or both, if the value of the 12.7 dishonored check, or checks aggregated under paragraph (b), is 12.8 more than $100 but not more than $250 and the offender has 12.9 previously been convicted of a violation of this section. 12.10 (b) In a prosecution under this subdivision, the value of 12.11 dishonored checks issued by the defendant in violation of this 12.12 subdivision within any six-month period may be aggregated and 12.13 the defendant charged accordingly in applying this section. 12.14 When two or more offenses are committed by the same person in 12.15 two or more counties, the accused may be prosecuted in any 12.16 county in which one of the dishonored checks was issued for all 12.17 of the offenses aggregated under this paragraph. 12.18 (c) Dishonored checks $100 and less. 12.19 (1) Whoever issues any check with a value of $100 or less 12.20 that is dishonored is subject to the civil penalties provided in 12.21 section 604.113, subdivision 2, and the holder or payee of any 12.22 dishonored check with a value of $100 or less is entitled to the 12.23 collection provisions of this section. 12.24 (2) Notice of nonpayment or dishonor that includes a 12.25 citation to and a description of this section shall be sent by 12.26 the payee or holder of the check to the maker or drawer by 12.27 certified mail, return receipt requested, or by regular mail, 12.28 supported by an affidavit of service by mailing, to the address 12.29 printed on the check. Refusal by the maker or drawer of the 12.30 check to accept certified mail notice or failure to claim 12.31 certified or regular mail notice is not a defense that notice 12.32 was not received. The notice shall state that unless the check 12.33 is paid in full within five business days after mailing of the 12.34 notice of nonpayment or dishonor, the payee or holder of the 12.35 check may seek a judgment in district court. An affidavit of 12.36 service by mailing shall be retained by the payee or holder of 13.1 the check. 13.2 (3) If the check is not paid in full within five days of 13.3 the mailing set forth in clause (2), the payee or holder of the 13.4 check may file with the court administrator the original check, 13.5 an affidavit that the notice required in clause (2) has been 13.6 sent and that the check has not been paid in full, an affidavit 13.7 of identification, and a $50 filing fee. 13.8 (4) The court administrator shall file the document and 13.9 shall send a notice of the case filing to the maker or drawer of 13.10 the check. The notice shall provide notice that a case has been 13.11 commenced and that the maker or drawer of the check has ten days 13.12 of the mailing to request a hearing on the matter or provide 13.13 proof that the check has been paid in full. If no hearing 13.14 request or proof of payment is received, the court administrator 13.15 shall enter judgment in district court for the amount of the 13.16 check, the filing fee, and applicable statutory penalties. 13.17 (5) The maker or drawer of the check shall pay a filing fee 13.18 of $50 to request a hearing on the matter. If the maker or 13.19 drawer files an affidavit of forgery, no filing fee shall be 13.20 required. 13.21 (6) Notice of the entry and docketing of the judgment shall 13.22 be sent by the court administrator to the maker or drawer by 13.23 regular mail. 13.24 (7) The state court administrator shall prepare and make 13.25 available forms necessary to implement this subdivision. 13.26 Sec. 5. Minnesota Statutes 2002, section 609.545, is 13.27 amended to read: 13.28 609.545 [MISUSING CREDIT CARD TO SECURE SERVICES.] 13.29 Whoever obtains the services of another by the intentional 13.30 unauthorized use of a credit card issued or purporting to be 13.31 issued by an organization for use as identification in 13.32 purchasing services is guilty of a petty misdemeanor. 13.33 Sec. 6. Minnesota Statutes 2002, section 609.595, is 13.34 amended to read: 13.35 609.595 [DAMAGE TO PROPERTY.] 13.36 Subdivision 1. [CRIMINAL DAMAGE TO PROPERTY IN THE FIRST 14.1 DEGREE.] Whoever intentionally causes damage to physical 14.2 property of another without the latter's consent may be 14.3 sentenced to imprisonment for not more than five years or to 14.4 payment of a fine of not more than $10,000, or both, if: 14.5 (1) the damage to the property caused a reasonably 14.6 foreseeable risk of bodily harm; or 14.7 (2) the property damaged belongs to a common carrier and 14.8 the damage impairs the service to the public rendered by the 14.9 carrier; or 14.10 (3) the damage reduces the value of the property by more 14.11 than$500$1,000 measured by the cost of repair and replacement; 14.12 or 14.13 (4) the damage reduces the value of the property by more 14.14 than$250$500 measured by the cost of repair and replacement 14.15 and the defendant has been convicted within the preceding three 14.16 years of an offense under this subdivision or subdivision 2. 14.17 In any prosecution under clause (3), the value of any 14.18 property damaged by the defendant in violation of that clause 14.19 within any six-month period may be aggregated and the defendant 14.20 charged accordingly in applying the provisions of this section; 14.21 provided that when two or more offenses are committed by the 14.22 same person in two or more counties, the accused may be 14.23 prosecuted in any county in which one of the offenses was 14.24 committed for all of the offenses aggregated under this 14.25 paragraph. 14.26 Subd. 1a. [CRIMINAL DAMAGE TO PROPERTY IN THE SECOND 14.27 DEGREE.] (a) Whoever intentionally causes damagedescribed in14.28subdivision 2, paragraph (a),to another person's physical 14.29 property without the other person's consent because of the 14.30 property owner's or another's actual or perceived race, color, 14.31 religion, sex, sexual orientation, disability as defined in 14.32 section 363.01, age, or national origin is guilty of a felony 14.33 and may be sentenced to imprisonment for not more than one year 14.34 and a day or to payment of a fine of not more than $3,000, or 14.35 both if the damage reduces the value of the property by more 14.36 than $500 as measured by the cost of repair and replacement. 15.1 (b) In any prosecution under paragraph (a), the value of 15.2 property damaged by the defendant in violation of that paragraph 15.3 within any six-month period may be aggregated and the defendant 15.4 charged accordingly in applying this section. When two or more 15.5 offenses are committed by the same person in two or more 15.6 counties, the accused may be prosecuted in any county in which 15.7 one of the offenses was committed for all of the offenses 15.8 aggregated under this paragraph. 15.9 Subd. 2. [CRIMINAL DAMAGE TO PROPERTY IN THE THIRD 15.10 DEGREE.] (a)Except as otherwise provided in subdivision 1a,15.11 Whoever intentionally causes damage to another person's physical 15.12 property without the other person's consent may be sentenced to 15.13 imprisonment for not more than one year or to payment of a fine 15.14 of not more than $3,000, or both, if the damage reduces the 15.15 value of the property by more than$250$500 but not more than 15.16$500$1,000 as measured by the cost of repair and replacement. 15.17 (b) Whoever intentionally causes damage to another person's 15.18 physical property without the other person's consent because of 15.19 the property owner's or another's actual or perceived race, 15.20 color, religion, sex, sexual orientation, disability as defined 15.21 in section 363.01, age, or national origin may be sentenced to 15.22 imprisonment for not more than one year or to payment of a fine 15.23 of not more than $3,000, or both, if the damage reduces the 15.24 value of the property by not more than$250$500 as measured by 15.25 the cost of repair and replacement. 15.26 (c) In any prosecution under paragraph (a), the value of 15.27 property damaged by the defendant in violation of that paragraph 15.28 within any six-month period may be aggregated and the defendant 15.29 charged accordingly in applying this section. When two or more 15.30 offenses are committed by the same person in two or more 15.31 counties, the accused may be prosecuted in any county in which 15.32 one of the offenses was committed for all of the offenses 15.33 aggregated under this paragraph. 15.34 Subd. 3. [CRIMINAL DAMAGE TO PROPERTY IN THE FOURTH 15.35 DEGREE.] (a) Whoever intentionally causes damagedescribed in15.36subdivision 2 under any other circumstancesto another person's 16.1 physical property without the other person's consent is guilty 16.2 of a misdemeanor if the damage reduces the value of the property 16.3 by more than $250 but not more than $500 as measured by the cost 16.4 of repair and replacement. 16.5 (b) In any prosecution under paragraph (a), the value of 16.6 property damaged by the defendant in violation of that paragraph 16.7 within any six-month period may be aggregated and the defendant 16.8 charged accordingly when applying this section. When two or 16.9 more offenses are committed by the same person in two or more 16.10 counties, the accused may be prosecuted in any county in which 16.11 one of the offenses was committed for all of the offenses 16.12 aggregated under this paragraph. 16.13 Subd. 4. [CRIMINAL DAMAGE TO PROPERTY IN THE FIFTH 16.14 DEGREE.] (a) Whoever intentionally causes damage to another 16.15 person's physical property without the other person's consent is 16.16 guilty of a petty misdemeanor if the damage reduces the value of 16.17 the property by not more than $250 as measured by the cost of 16.18 repair and replacement. A violation of this subdivision by a 16.19 person who has previously been convicted of a violation of this 16.20 section is a misdemeanor. 16.21 (b) In any prosecution under paragraph (a), the value of 16.22 property damaged by the defendant in violation of that paragraph 16.23 within any six-month period may be aggregated and the defendant 16.24 charged accordingly when applying this section. When two or 16.25 more offenses are committed by the same person in two or more 16.26 counties, the accused may be prosecuted in any county in which 16.27 one of the offenses was committed for all of the offenses 16.28 aggregated under this paragraph. 16.29 Sec. 7. Minnesota Statutes 2002, section 609.605, 16.30 subdivision 1, is amended to read: 16.31 Subdivision 1. [PETTY MISDEMEANOR.] (a) The following 16.32 terms have the meanings given them for purposes of this section. 16.33(i)(1) "Premises" means real property and any appurtenant 16.34 building or structure. 16.35(ii)(2) "Dwelling" means the building or part of a 16.36 building used by an individual as a place of residence on either 17.1 a full-time or a part-time basis. A dwelling may be part of a 17.2 multidwelling or multipurpose building, or a manufactured home 17.3 as defined in section 168.011, subdivision 8. 17.4(iii)(3) "Construction site" means the site of the 17.5 construction, alteration, painting, or repair of a building or 17.6 structure. 17.7(iv)(4) "Owner or lawful possessor," as used in paragraph 17.8 (b), clause (9), means the person on whose behalf a building or 17.9 dwelling is being constructed, altered, painted, or repaired and 17.10 the general contractor or subcontractor engaged in that work. 17.11(v)(5) "Posted," as used in paragraph (b), clause (9), 17.12 means the placement of a sign at least 11 inches square in a 17.13 conspicuous place on the exterior of the building that is under 17.14 construction, alteration, or repair, and additional signs in at 17.15 least two conspicuous places for each ten acres being 17.16 protected. The sign must carry an appropriate notice and the 17.17 name of the person giving the notice, followed by the word 17.18 "owner" if the person giving the notice is the holder of legal 17.19 title to the land on which the construction site is located or 17.20 by the word "occupant" if the person giving the notice is not 17.21 the holder of legal title but is a lawful occupant of the land. 17.22(vi)(6) "Business licensee," as used in paragraph (b), 17.23 clause (9), includes a representative of a building trades labor 17.24 or management organization. 17.25(vii)(7) "Building" has the meaning given in section 17.26 609.581, subdivision 2. 17.27 (b) A person is guilty of a petty misdemeanor if the person 17.28 intentionally: 17.29 (1) permits domestic animals or fowls under the actor's 17.30 control to go on the land of another within a city; 17.31 (2) interferes unlawfully with a monument, sign, or pointer 17.32 erected or marked to designate a point of a boundary, line or a 17.33 political subdivision, or of a tract of land; 17.34 (3) trespasses on the premises of another and, without 17.35 claim of right, refuses to depart from the premises on demand of 17.36 the lawful possessor; 18.1 (4) occupies or enters the dwelling or locked or posted 18.2 building of another, without claim of right or consent of the 18.3 owner or the consent of one who has the right to give consent, 18.4 except in an emergency situation; 18.5 (5) enters the premises of another with intent to take or 18.6 injure any fruit, fruit trees, or vegetables growing on the 18.7 premises, without the permission of the owner or occupant; 18.8 (6) enters or is found on the premises of a public or 18.9 private cemetery without authorization during hours the cemetery 18.10 is posted as closed to the public; 18.11 (7) returns to the property of another with the intent to 18.12 abuse, disturb, or cause distress in or threaten another, after 18.13 being told to leave the property and not to return, if the actor 18.14 is without claim of right to the property or consent of one with 18.15 authority to consent; 18.16 (8) returns to the property of another within 30 days after 18.17 being told to leave the property and not to return, if the actor 18.18 is without claim of right to the property or consent of one with 18.19 authority to consent; or 18.20 (9) enters the locked or posted construction site of 18.21 another without the consent of the owner or lawful possessor, 18.22 unless the person is a business licensee. 18.23 Sec. 8. Minnesota Statutes 2002, section 609.615, is 18.24 amended to read: 18.25 609.615 [DEFEATING SECURITY ON REALTY.] 18.26 Whoever removes or damages real property which is subject 18.27 to a mortgage, mechanic's lien, or contract for deed, including 18.28 during the period of time allowed for redemption, with intent to 18.29 impair the value of the property, without the consent of the 18.30 security holder, may be sentenced as follows: 18.31 (1) if the value of the property is impaired by$300$250 18.32 or less, to payment of a fine of not more than $300; 18.33 (2) if the value of the property is impaired by more than 18.34 $250 but less than $1,000, by imprisonment for not more than 90 18.35 days or to payment of a fine of not more than$700$1,000, or 18.36 both; or 19.1(2)(3) if the value of the property is impaired by $1,000 19.2 or morethan $300, to imprisonment for not more thanfive years19.3 one year or to payment of a fine of not more 19.4 than$10,000$3,000, or both. 19.5 A violation of clause (1) committed by a person who has 19.6 previously been convicted of a violation of this section is a 19.7 misdemeanor. 19.8 Sec. 9. Minnesota Statutes 2002, section 609.631, 19.9 subdivision 4, is amended to read: 19.10 Subd. 4. [SENTENCING.] A person who is convicted under 19.11 subdivision 2 or 3 may be sentenced as follows: 19.12 (1) to imprisonment for not more than 20 years or to 19.13 payment of a fine of not more than $100,000, or both, if the 19.14 forged check or checks are used to obtain or in an attempt to 19.15 obtain, property or services of more than $35,000 or the 19.16 aggregate amount of the forged check or checks is more than 19.17 $35,000; 19.18 (2) to imprisonment for not more than ten years or to 19.19 payment of a fine of not more than $20,000, or both, if the 19.20 forged check or checks are used to obtain or in an attempt to 19.21 obtain, property or services of more than$2,500$5,000 or the 19.22 aggregate amount of the forged check or checks is more than 19.23$2,500$5,000; 19.24 (3) to imprisonment for not more than five years or to 19.25 payment of a fine of not more than $10,000, or both, if: 19.26(a)(i) the forged check or checks are used to obtain or in 19.27 an attempt to obtain, property or services of more 19.28 than$250$1,000 but not more than$2,500$5,000, or the 19.29 aggregate face amount of the forged check or checks is more 19.30 than$250$1,000 but not more than$2,500$5,000; or 19.31(b)(ii) the forged check or checks are used to obtain or 19.32 in an attempt to obtain, property or services ofnomore than 19.33 $500 but not more than$250$1,000, or have an aggregate face 19.34 value ofnomore than $500 but not more than$250$1,000, and 19.35 the person has been convicted within the preceding five years 19.36 for an offense under this section, section 609.24; 609.245; 20.1 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 20.2 609.63; or 609.821, or a statute from another state in 20.3 conformity with any of those sections, and the person received a 20.4 felony or gross misdemeanor sentence for the offense, or a 20.5 sentence that was stayed under section 609.135 if the offense to 20.6 which a plea was entered would allow imposition of a felony or 20.7 gross misdemeanor sentence;and20.8 (4) to imprisonment for not more than one year or to 20.9 payment of a fine of not more than $3,000, or both, if the 20.10 forged check or checks are used to obtain or in an attempt to 20.11 obtain, property or services ofnomore than$250$500 but not 20.12 more than $1,000, or the aggregate face amount of the forged 20.13 check or checks is no more than$250.$500 but not more than 20.14 $1,000; 20.15 (5) to imprisonment for not more than 90 days or to payment 20.16 of a fine of not more than $1,000, or both, if the forged check 20.17 or checks are used to obtain or in an attempt to obtain, 20.18 property or services of more than $250 but not more than $500, 20.19 or the aggregate face amount of the forged check or checks is 20.20 more than $250 but not more than $500; 20.21 (6) except as provided in clause (7), to payment of a fine 20.22 of not more than $300, if the forged check or checks are used to 20.23 obtain or in an attempt to obtain, property or services of no 20.24 more than $250, or the aggregate face amount of the forged check 20.25 or checks is no more than $250; and 20.26 (7) to imprisonment for not more than 90 days or to payment 20.27 of a fine of not more than $1,000, or both, if the forged check 20.28 or checks are used to obtain or in an attempt to obtain, 20.29 property or services of no more than $250, or the aggregate face 20.30 amount of the forged check or checks is no more than $250, and 20.31 the offender has previously been convicted of a violation of 20.32 this section. 20.33 In any prosecution under this subdivision, the value of the 20.34 checks forged or offered by the defendant in violation of this 20.35 subdivision within any six-month period may be aggregated and 20.36 the defendant charged accordingly in applying the provisions of 21.1 this section. When two or more offenses are committed by the 21.2 same person in two or more counties, the accused may be 21.3 prosecuted in any county in which one of the checks was forged 21.4 or offered for all of the offenses aggregated under this 21.5 paragraph. 21.6 Sec. 10. Minnesota Statutes 2002, section 609.68, is 21.7 amended to read: 21.8 609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 21.9 Whoever unlawfully deposits garbage, rubbish, offal, or the 21.10 body of a dead animal, or other litter in or upon any public 21.11 highway, public waters or the ice thereon, shoreland areas 21.12 adjacent to rivers or streams as defined by section 103F.205, 21.13 public lands, or, without the consent of the owner, private 21.14 lands or water or ice thereon, is guilty of a petty misdemeanor. 21.15 Sec. 11. Minnesota Statutes 2002, section 609.681, is 21.16 amended to read: 21.17 609.681 [UNLAWFUL SMOKING.] 21.18 A person is guilty of a petty misdemeanor if the person 21.19 intentionally smokes in a building, area, or common carrier in 21.20 which "no smoking" notices have been prominently posted, or when 21.21 requested not to by the operator of the common carrier. 21.22 Sec. 12. Minnesota Statutes 2002, section 609.72, 21.23 subdivision 1, is amended to read: 21.24 Subdivision 1. (a) Whoever does any of the following in a 21.25 public or private place, including on a school bus, knowing, or 21.26 having reasonable grounds to know that it will, or will tend to, 21.27 alarm, anger or disturb others or provoke an assault or breach 21.28 of the peace, is guilty of disorderly conduct, which is a petty 21.29 misdemeanor: 21.30 (1) Engages in brawling or fighting; or 21.31 (2) Disturbs an assembly or meeting, not unlawful in its 21.32 character; or 21.33 (3) Engages in offensive, obscene, abusive, boisterous, or 21.34 noisy conduct or in offensive, obscene, or abusive language 21.35 tending reasonably to arouse alarm, anger, or resentment in 21.36 others. 22.1 A person does not violate this section if the person's 22.2 disorderly conduct was caused by an epileptic seizure. 22.3 (b) A person who violates this subdivision after having 22.4 previously been convicted of violating this section is guilty of 22.5 a misdemeanor. 22.6 Sec. 13. Minnesota Statutes 2002, section 609.893, 22.7 subdivision 3, is amended to read: 22.8 Subd. 3. [FRAUD.] (a) Whoever commits telecommunications 22.9 and information services fraud in violation of subdivision 1 may 22.10 be sentenced as follows: 22.11 (1) to imprisonment for not more than ten years or to 22.12 payment of a fine of not more than $20,000, or both, if the 22.13 value of the services is in excess of$2,500$5,000; 22.14 (2) to imprisonment for not more than five years or to 22.15 payment of a fine of not more than $10,000, or both, if the 22.16 value of the services is more than$500$2,500 but not more than 22.17$2,500$5,000;or22.18 (3)in all other cases,to imprisonment for not more than 22.1990 daysone year or to payment of a fine of not more than 22.20$700$3,000, or both., if the value of the services is more than 22.21 $1,000, but not more than $2,500; 22.22 (4) to imprisonment for not more than 90 days or to payment 22.23 of a fine of not more than $1,000, or both, if the value of the 22.24 services is more than $250, but not more than $1,000; 22.25 (5) except as provided in clause (6), to payment of a fine 22.26 of not more than $300, if the value of the services is $250 or 22.27 less; or 22.28 (6) to imprisonment for not more than 90 days or to payment 22.29 of a fine of not more than $1,000, or both, if the value of the 22.30 services is more than $250, but not more than $1,000, and the 22.31 offender has previously been convicted of a violation of this 22.32 section. 22.33 (b) Amounts involved in a violation of paragraph (a) under 22.34 one scheme or course of conduct, whether from the same credit 22.35 card number or several credit card numbers, may be aggregated in 22.36 determining the classification of the offense. 23.1 Sec. 14. [CREATION OF PRETRIAL STUDY GROUP.] 23.2 The Sentencing Guidelines Commission shall convene a work 23.3 group of criminal justice professionals to study and make 23.4 recommendations on the equitable use of pretrial diversion in 23.5 each county to accomplish the following goals: 23.6 (1) to provide eligible offenders with an alternative to 23.7 confinement and a criminal conviction; 23.8 (2) to reduce the costs and caseload burdens on the 23.9 criminal justice system; 23.10 (3) to minimize recidivism among diverted offenders; 23.11 (4) to promote the collection of restitution to the victim 23.12 of the offender's crime; and 23.13 (5) to develop responsible alternatives to the criminal 23.14 justice system for eligible offenders. 23.15 The Sentencing Guidelines Commission shall report to the chairs 23.16 and ranking minority members of the committees having 23.17 jurisdiction over criminal justice policy and funding on 23.18 February 1, 2004. 23.19 Sec. 15. [EFFECTIVE DATE.] 23.20 Sections 1 to 13 are effective August 1, 2003, and apply to 23.21 crimes committed on or after that date. 23.22 ARTICLE 3 23.23 JUDICIAL ADMINISTRATION; RELATED PROVISIONS 23.24 Section 1. Minnesota Statutes 2002, section 484.08, is 23.25 amended to read: 23.26 484.08 [DISTRICT COURTS TO BE OPEN AT ALL TIMES; TERMS; 23.27 LOCATIONS.] 23.28 (a) The district courts of the state shall be deemed open 23.29 at all times, except on legal holidays and Sundays. The terms 23.30 of the district courts shall be continuous. Notwithstanding any 23.31 other law to the contrary, the chief justice shall have the 23.32 authority to determine the hours of operation of court in each 23.33 county. 23.34 (b) Notwithstanding any other law to the contrary, the 23.35 chief justice, in consultation with the conference of chief 23.36 judges, shall determine where court is conducted within each 24.1 county and the types of hearings to be held in each court 24.2 facility. 24.3 Sec. 2. Minnesota Statutes 2002, section 491A.02, 24.4 subdivision 2, is amended to read: 24.5 Subd. 2. [ASSISTANCE TO LITIGANTS.] Under the supervision 24.6 of the conciliation court judges, the court administrator 24.7 shall provide simplified forms and may explain to litigants the 24.8 procedure and functions of the conciliation court andshall on24.9requestmay assist them in filling out all forms and pleading 24.10 necessary for the presentation of their claims or counterclaims 24.11 to the court. The uniform claim and counterclaim forms must be 24.12 accepted by any court administrator and shall on request be 24.13 forwarded together with the entire filing fee, if any, to the 24.14 court administrator of the appropriate conciliation court. The 24.15 court administratorshall on requestmay assist judgment 24.16 creditors and debtors in the preparation of the forms necessary 24.17 to obtain satisfaction of a final judgment. The performance of 24.18 duties prescribed in this subdivision do not constitute the 24.19 practice of law for purposes of section 481.02, subdivision 8. 24.20 Sec. 3. Minnesota Statutes 2002, section 518B.01, 24.21 subdivision 4, is amended to read: 24.22 Subd. 4. [ORDER FOR PROTECTION.] There shall exist an 24.23 action known as a petition for an order for protection in cases 24.24 of domestic abuse. 24.25 (a) A petition for relief under this section may be made by 24.26 any family or household member personally or by a family or 24.27 household member, a guardian as defined in section 524.1-201, 24.28 clause (20), or, if the court finds that it is in the best 24.29 interests of the minor, by a reputable adult age 25 or older on 24.30 behalf of minor family or household members. A minor age 16 or 24.31 older may make a petition on the minor's own behalf against a 24.32 spouse or former spouse, or a person with whom the minor has a 24.33 child in common, if the court determines that the minor has 24.34 sufficient maturity and judgment and that it is in the best 24.35 interests of the minor. 24.36 (b) A petition for relief shall allege the existence of 25.1 domestic abuse, and shall be accompanied by an affidavit made 25.2 under oath stating the specific facts and circumstances from 25.3 which relief is sought. 25.4 (c) A petition for relief must state whether the petitioner 25.5 has ever had an order for protection in effect against the 25.6 respondent. 25.7 (d) A petition for relief must state whether there is an 25.8 existing order for protection in effect under this chapter 25.9 governing both the parties and whether there is a pending 25.10 lawsuit, complaint, petition or other action between the parties 25.11 under chapter 257, 518, 518A, 518B, or 518C. The court 25.12 administrator shall verify the terms of any existing order 25.13 governing the parties. The court may not delay granting relief 25.14 because of the existence of a pending action between the parties 25.15 or the necessity of verifying the terms of an existing order. A 25.16 subsequent order in a separate action under this chapter may 25.17 modify only the provision of an existing order that grants 25.18 relief authorized under subdivision 6, paragraph (a), clause 25.19 (1). A petition for relief may be granted, regardless of 25.20 whether there is a pending action between the parties. 25.21 (e) The court shall provide simplified forms and may 25.22 provide clerical assistance to help with the writing and filing 25.23 of a petition under this section. 25.24 (f) The court shall advise a petitioner under paragraph (e) 25.25 of the right to file a motion and affidavit and to sue in forma 25.26 pauperis pursuant to section 563.01 andshallmay assist with 25.27 the writing and filing of the motion and affidavit. 25.28 (g) The court shall advise a petitioner under paragraph (e) 25.29 of the right to serve the respondent by published notice under 25.30 subdivision 5, paragraph (b), if the respondent is avoiding 25.31 personal service by concealment or otherwise, andshallmay 25.32 assist with the writing and filing of the affidavit. 25.33 (h) The court shall advise the petitioner of the right to 25.34 seek restitution under the petition for relief. 25.35 (i) The court shall advise the petitioner of the right to 25.36 request a hearing under subdivision 7, paragraph (c). If the 26.1 petitioner does not request a hearing, the court shall advise 26.2 the petitioner that the respondent may request a hearing and 26.3 that notice of the hearing date and time will be provided to the 26.4 petitioner by mail at least five days before the hearing. 26.5 (j) The court shall advise the petitioner of the right to 26.6 request supervised parenting time, as provided in section 26.7 518.175, subdivision 1a. 26.8 Sec. 4. Minnesota Statutes 2002, section 546.27, is 26.9 amended to read: 26.10 546.27 [DECISION BY THE COURT.] 26.11 Subdivision 1. [WRITTEN DECISIONS REQUIRED.] (a) When an 26.12 issue of fact has been tried by the court, the decision shall be 26.13 in writing, the facts found and the conclusion of law shall be 26.14 separately stated, and judgment shall be entered accordingly. 26.15 Except as provided in paragraph (b), all questions of fact and 26.16 law, and all motions and matters submitted to a judge for a 26.17 decision in trial and appellate matters, shall be disposed of 26.18 and the decision filed with the court administrator within9026.19days after such submissionthe time period for disposition 26.20 established by the chief justice, unless sickness or casualty 26.21 shall prevent, or the time be extended by written consent of the 26.22 parties. No part of the salary of any judge shall be paid 26.23 unless the voucher therefor be accompanied by a certificate of 26.24 the judge that there has been full compliance with the 26.25 requirements of this section. 26.26 (b) If a hearing has been held on a petition under chapter 26.27 260 involving physical or sexual abuse of a child who is alleged 26.28 to be in need of protection or services or neglected and in 26.29 foster care, the decision must be filed within 15 days after the 26.30 matter is submitted to the judge. 26.31 Subd. 2. [BOARD OF JUDICIAL STANDARDS REVIEW.] At least 26.32 annually, the board on judicial standards shall review the 26.33 compliance of each district, county, or municipaljudge with the 26.34 provisions of subdivision 1. To facilitate this review, the 26.35 director of the state judicial information system shall notify 26.36 the executive secretary of the state board on judicial standards 27.1 when a matter exceeds90 days without a dispositionthe time 27.2 period for disposition established by the chief justice. The 27.3 board shall notify the commissioner of finance of each judge not 27.4 in compliance. If the board finds that a judge has compelling 27.5 reasons for noncompliance, it may decide not to issue the 27.6 notice. Upon notification that a judge is not in compliance, 27.7 the commissioner of finance shall not pay the salary of that 27.8 judge. The board may cancel a notice of noncompliance upon 27.9 finding that a judge is in compliance, but in no event shall a 27.10 judge be paid a salary for the period in which the notification 27.11 of noncompliance was in effect. 27.12 Sec. 5. Minnesota Statutes 2002, section 609.748, 27.13 subdivision 3, is amended to read: 27.14 Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 27.15 petition for relief must allege facts sufficient to show the 27.16 following: 27.17 (1) the name of the alleged harassment victim; 27.18 (2) the name of the respondent; and 27.19 (3) that the respondent has engaged in harassment. 27.20 The petition shall be accompanied by an affidavit made under 27.21 oath stating the specific facts and circumstances from which 27.22 relief is sought. The court shall provide simplified forms 27.23 and may provide clerical assistance to help with the writing and 27.24 filing of a petition under this section and shall advise the 27.25 petitioner of the right to sue in forma pauperis under section 27.26 563.01. Upon receipt of the petition, the court shall order a 27.27 hearing, which must be held not later than 14 days from the date27.28of the order. Personal service must be made upon the respondent 27.29 not less than five days before the hearing. If personal service 27.30 cannot be completed in time to give the respondent the minimum 27.31 notice required under this paragraph, the court may set a new 27.32 hearing date. Nothing in this section shall be construed as 27.33 requiring a hearing on a matter that has no merit. 27.34 (b) Notwithstanding paragraph (a), the order for a hearing 27.35 and a temporary order issued under subdivision 4 may be served 27.36 on the respondent by means of a one-week published notice under 28.1 section 645.11, if: 28.2 (1) the petitioner files an affidavit with the court 28.3 stating that an attempt at personal service made by a sheriff 28.4 was unsuccessful because the respondent is avoiding service by 28.5 concealment or otherwise; and 28.6 (2) a copy of the petition and order for hearing and any 28.7 temporary restraining order has been mailed to the respondent at 28.8 the respondent's residence or place of business, if the 28.9 respondent is an organization, or the respondent's residence or 28.10 place of business is not known to the petitioner. 28.11 (c) Regardless of the method of service, if the respondent 28.12 is a juvenile, whenever possible, the court also shall have 28.13 notice of the pendency of the case and of the time and place of 28.14 the hearing served by mail at the last known address upon any 28.15 parent or guardian of the juvenile respondent who is not the 28.16 petitioner. 28.17 Sec. 6. [REPEALER.] 28.18 Minnesota Statutes 2002, sections 147.111; 147A.14; 28.19 147B.07; 148.102; 148.263; 148B.07; 148B.283; 148B.63; 149A.61; 28.20 150A.13; 153.24; 156.122; 340A.905; 626A.17; and 631.40, 28.21 subdivisions 1a and 1b, are repealed effective August 1, 2003. 28.22 ARTICLE 4 28.23 CIVIL LAW; RELATED PROVISIONS 28.24 Section 1. Minnesota Statutes 2002, section 16D.14, 28.25 subdivision 2, is amended to read: 28.26 Subd. 2. [CONCILIATION COURT; CLAIMS FOR$2,500$2,000 OR 28.27 LESS.] (a) The commissioner or the attorney general may bring a 28.28 conciliation court action where the cause of action arose or 28.29 where the debtor resides. Before bringing a conciliation court 28.30 action for a claim for$2,500$2,000 or less under this section 28.31 in any county other than where the debtor resides or where the 28.32 cause of action arose, the commissioner or the attorney general 28.33 shall send a form by first class mail to the debtor's last known 28.34 address notifying the debtor of the intent to bring an action in 28.35 Ramsey county. The commissioner or attorney general must 28.36 enclose a form for the debtor to use to request that the action 29.1 not be brought in Ramsey county and a self-addressed, postage 29.2 paid envelope. The form must advise the debtor of the right to 29.3 request that the action not be brought in Ramsey county and that 29.4 the debtor has 30 days from the date of the form to make this 29.5 request. 29.6 (b) If the debtor timely returns the form requesting the 29.7 action not be brought in Ramsey county, the commissioner or 29.8 attorney general may only file the action in the county of the 29.9 debtor's residence, the county where the cause of action arose, 29.10 or as provided by other law. The commissioner or attorney 29.11 general shall notify the debtor of the action taken. If the 29.12 debtor does not timely return the form, venue is as chosen by 29.13 the commissioner or attorney general as authorized under this 29.14 section. 29.15 (c) If a judgment is obtained in Ramsey county conciliation 29.16 court when the form was sent by first class mail under this 29.17 subdivision and the debtor reasonably demonstrates that the 29.18 debtor did not reside at the address where the form was sent or 29.19 that the debtor did not receive the form, the commissioner or 29.20 the attorney general shall vacate the judgment without prejudice 29.21 and return any funds collected as a result of enforcement of the 29.22 judgment. Evidence of the debtor's correct address include, but 29.23 are not limited to, a driver's license, homestead declaration, 29.24 school registration, utility bills, or a lease or rental 29.25 agreement. 29.26 Sec. 2. Minnesota Statutes 2002, section 169A.53, 29.27 subdivision 3, is amended to read: 29.28 Subd. 3. [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial 29.29 review hearing under this section must be before a district 29.30 judge in any county in the judicial district where the alleged 29.31 offense occurred. The hearing is to the court and may be 29.32 conducted at the same time and in the same manner as hearings 29.33 upon pretrial motions in the criminal prosecution under section 29.34 169A.20 (driving while impaired), if any. The hearing must be 29.35 recorded. The commissioner shall appear and be represented by 29.36 the attorney general or through the prosecuting authority for 30.1 the jurisdiction involved.The hearing must be held at the30.2earliest practicable date, and in any event no later than 6030.3days following the filing of the petition for review.The 30.4 judicial district administrator shall establish procedures to 30.5 ensure efficient compliance with this subdivision. To 30.6 accomplish this, the administrator may, whenever possible, 30.7 consolidate and transfer review hearings among the locations 30.8 within the judicial district where terms of district court are 30.9 held. 30.10 (b) The scope of the hearing is limited to the issues in 30.11 clauses (1) to (10): 30.12 (1) Did the peace officer have probable cause to believe 30.13 the person was driving, operating, or in physical control of a 30.14 motor vehicle or commercial motor vehicle in violation of 30.15 section 169A.20 (driving while impaired)? 30.16 (2) Was the person lawfully placed under arrest for 30.17 violation of section 169A.20? 30.18 (3) Was the person involved in a motor vehicle accident or 30.19 collision resulting in property damage, personal injury, or 30.20 death? 30.21 (4) Did the person refuse to take a screening test provided 30.22 for by section 169A.41 (preliminary screening test)? 30.23 (5) If the screening test was administered, did the test 30.24 indicate an alcohol concentration of 0.10 or more? 30.25 (6) At the time of the request for the test, did the peace 30.26 officer inform the person of the person's rights and the 30.27 consequences of taking or refusing the test as required by 30.28 section 169A.51, subdivision 2? 30.29 (7) Did the person refuse to permit the test? 30.30 (8) If a test was taken by a person driving, operating, or 30.31 in physical control of a motor vehicle, did the test results 30.32 indicate at the time of testing: 30.33 (i) an alcohol concentration of 0.10 or more; or 30.34 (ii) the presence of a controlled substance listed in 30.35 schedule I or II, other than marijuana or tetrahydrocannabinols? 30.36 (9) If a test was taken by a person driving, operating, or 31.1 in physical control of a commercial motor vehicle, did the test 31.2 results indicate an alcohol concentration of 0.04 or more at the 31.3 time of testing? 31.4 (10) Was the testing method used valid and reliable and 31.5 were the test results accurately evaluated? 31.6 (c) It is an affirmative defense for the petitioner to 31.7 prove that, at the time of the refusal, the petitioner's refusal 31.8 to permit the test was based upon reasonable grounds. 31.9 (d) Certified or otherwise authenticated copies of 31.10 laboratory or medical personnel reports, records, documents, 31.11 licenses, and certificates are admissible as substantive 31.12 evidence. 31.13 (e) The court shall order that the revocation or 31.14 disqualification be either rescinded or sustained and forward 31.15 the order to the commissioner.The court shall file its order31.16within 14 days following the hearing.If the revocation or 31.17 disqualification is sustained, the court shall also forward the 31.18 person's driver's license or permit to the commissioner for 31.19 further action by the commissioner if the license or permit is 31.20 not already in the commissioner's possession. 31.21 (f) Any party aggrieved by the decision of the reviewing 31.22 court may appeal the decision as provided in the rules of 31.23 appellate procedure. 31.24 (g) The civil hearing under this section shall not give 31.25 rise to an estoppel on any issues arising from the same set of 31.26 circumstances in any criminal prosecution. 31.27 Sec. 3. Minnesota Statutes 2002, section 169A.63, 31.28 subdivision 8, is amended to read: 31.29 Subd. 8. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 31.30 motor vehicle used to commit a designated offense or used in 31.31 conduct resulting in a designated license revocation is subject 31.32 to administrative forfeiture under this subdivision. 31.33 (b) When a motor vehicle is seized under subdivision 2, the 31.34 appropriate agency shall serve the driver or operator of the 31.35 vehicle with a notice of the seizure and intent to forfeit the 31.36 vehicle. Additionally, when a motor vehicle is seized under 32.1 subdivision 2, or within a reasonable time after that, all 32.2 persons known to have an ownership, possessory, or security 32.3 interest in the vehicle must be notified of the seizure and the 32.4 intent to forfeit the vehicle. For those vehicles required to 32.5 be registered under chapter 168, the notification to a person 32.6 known to have a security interest in the vehicle is required 32.7 only if the vehicle is registered under chapter 168 and the 32.8 interest is listed on the vehicle's title. Notice mailed by 32.9 certified mail to the address shown in department of public 32.10 safety records is sufficient notice to the registered owner of 32.11 the vehicle. For motor vehicles not required to be registered 32.12 under chapter 168, notice mailed by certified mail to the 32.13 address shown in the applicable filing or registration for the 32.14 vehicle is sufficient notice to a person known to have an 32.15 ownership, possessory, or security interest in the vehicle. 32.16 Otherwise, notice may be given in the manner provided by law for 32.17 service of a summons in a civil action. 32.18 (c) The notice must be in writing and contain: 32.19 (1) a description of the vehicle seized; 32.20 (2) the date of seizure; and 32.21 (3) notice of the right to obtain judicial review of the 32.22 forfeiture and of the procedure for obtaining that judicial 32.23 review, printed in English, Hmong, and Spanish. Substantially 32.24 the following language must appear conspicuously: "IF YOU DO 32.25 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 32.26 STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 32.27 A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 32.28 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 32.29 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 32.30 UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS 32.31 WORTH$7,500$2,000 OR LESS, YOU MAY FILE YOUR CLAIM IN 32.32 CONCILIATION COURT. YOU DO NOT HAVE TO PAY THE CONCILIATION 32.33 COURT FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500." 32.34 (d) Within 30 days following service of a notice of seizure 32.35 and forfeiture under this subdivision, a claimant may file a 32.36 demand for a judicial determination of the forfeiture. The 33.1 demand must be in the form of a civil complaint and must be 33.2 filed with the court administrator in the county in which the 33.3 seizure occurred, together with proof of service of a copy of 33.4 the complaint on the prosecuting authority having jurisdiction 33.5 over the forfeiture, and the standard filing fee for civil 33.6 actions unless the petitioner has the right to sue in forma 33.7 pauperis under section 563.01. If the value of the seized 33.8 property is$7,500$2,000 or less, the claimant may file an 33.9 action in conciliation court for recovery of the seized 33.10 vehicle. If the value of the seized property is less than $500, 33.11 the claimant does not have to pay the conciliation court filing 33.12 fee. No responsive pleading is required of the prosecuting 33.13 authority and no court fees may be charged for the prosecuting 33.14 authority's appearance in the matter. Except as provided in 33.15 this section, judicial reviews and hearings are governed by 33.16 section 169A.53, subdivisions 2 and 3, and, at the option of the 33.17 prosecuting authority, may take place at the same time as any 33.18 judicial review of the person's license revocation under section 33.19 169A.53. If the judicial review and hearing under this section 33.20 do not take place at the same time as the judicial review of the 33.21 person's license revocation under section 169A.53, the review 33.22 and hearing must take place at the earliest practicable date. 33.23 The proceedings may be combined with any hearing on a petition 33.24 filed under section 169A.53, subdivision 2, and are governed by 33.25 the Rules of Civil Procedure. 33.26 (e) The complaint must be captioned in the name of the 33.27 claimant as plaintiff and the seized vehicle as defendant, and 33.28 must state with specificity the grounds on which the claimant 33.29 alleges the vehicle was improperly seized and the plaintiff's 33.30 interest in the vehicle seized. Notwithstanding any law to the 33.31 contrary, an action for the return of a vehicle seized under 33.32 this section may not be maintained by or on behalf of any person 33.33 who has been served with a notice of seizure and forfeiture 33.34 unless the person has complied with this subdivision. 33.35 (f) If the claimant makes a timely demand for a judicial 33.36 determination under this subdivision, the appropriate agency 34.1 must conduct the forfeiture under subdivision 9. 34.2 (g) If a demand for judicial determination of an 34.3 administrative forfeiture is filed under this subdivision and 34.4 the court orders the return of the seized vehicle, the court 34.5 shall order that filing fees be reimbursed to the person who 34.6 filed the demand. In addition, the court may order sanctions 34.7 under section 549.211 (sanctions in civil actions). 34.8 Sec. 4. Minnesota Statutes 2002, section 296A.24, 34.9 subdivision 2, is amended to read: 34.10 Subd. 2. [FORFEITURE.] (a) Within ten days after the 34.11 seizure, the person making the seizure shall serve by certified 34.12 mail an inventory of the vehicle or property seized on the 34.13 person from whom the seizure was made, if known, and on any 34.14 person known or believed to have any right, title, interest, or 34.15 lien on the vehicle or property, at the last known address, and 34.16 file a copy with the commissioner. The notice must include an 34.17 explanation of the right to demand a judicial forfeiture 34.18 determination. 34.19 (b) Within 60 days after the date of service of the 34.20 inventory, which is the date of mailing, the person from whom 34.21 the vehicle or property was seized or any person claiming an 34.22 interest in it may file a demand for a judicial determination of 34.23 whether the vehicle or property was lawfully subject to seizure 34.24 and forfeiture. The demand must be in the form of a civil 34.25 complaint and must be filed with the court administrator in the 34.26 county in which the seizure occurred, together with proof of 34.27 service of a copy of the complaint on the commissioner of 34.28 revenue, and the standard filing fee for civil actions unless 34.29 the petitioner has the right to sue in forma pauperis under 34.30 section 563.01. If the value of the seized property or vehicle 34.31 is$7,500$2,000 or less, the claimant may file an action in 34.32 conciliation court for its recovery. If the value of the seized 34.33 property or vehicle is less than $500, the claimant does not 34.34 have to pay the conciliation court filing fee. 34.35 (c) The complaint must be captioned in the name of the 34.36 claimant as plaintiff and the seized property or vehicle as 35.1 defendant, and must state with specificity the grounds on which 35.2 the claimant alleges the property or vehicle was improperly 35.3 seized and the plaintiff's interest in the property or vehicle 35.4 seized. No responsive pleading is required of the commissioner 35.5 and no court fees may be charged for the commissioner's 35.6 appearance in the matter. The proceedings are governed by the 35.7 Rules of Civil Procedure. Notwithstanding any law to the 35.8 contrary, an action for the return of property or a vehicle 35.9 seized under this section may not be maintained by or on behalf 35.10 of any person who has been served with an inventory unless the 35.11 person has complied with this subdivision. The court shall hear 35.12 the action without a jury and shall try and determine the issues 35.13 of fact and law involved. 35.14 (d) When a judgment of forfeiture is entered, the 35.15 commissioner may, unless the judgment is stayed pending an 35.16 appeal, either: 35.17 (1) cause the forfeited gasoline or special fuel to be 35.18 destroyed; or 35.19 (2) cause the forfeited property in clause (1) or vehicle 35.20 to be sold at public auction as provided by law. After 35.21 deducting the expense of keeping the property and vehicle and 35.22 the costs of the sale, the commissioner shall pay from the funds 35.23 collected all liens according to their priority, which are 35.24 established as being bona fide and as existing without the 35.25 lienor having any notice or knowledge that the property or 35.26 vehicle was being used or was intended to be used for or in 35.27 connection with any violation, and shall pay the balance of the 35.28 proceeds into the general fund. 35.29 (e) If no demand for judicial determination is made, the 35.30 property or vehicle seized must be considered forfeited to the 35.31 state by operation of law and may be disposed of by the 35.32 commissioner as provided where there has been a judgment of 35.33 forfeiture. 35.34 Sec. 5. Minnesota Statutes 2002, section 297A.91, 35.35 subdivision 2, is amended to read: 35.36 Subd. 2. [COURT REVIEW OF FORFEITURE.] (a) Within 60 days 36.1 after the date of service of the inventory, which is the date of 36.2 mailing, the person from whom the vehicle and property were 36.3 seized or any person claiming an interest in the vehicle or 36.4 property may file a demand for a judicial determination of the 36.5 question of whether the vehicle or property was lawfully subject 36.6 to seizure and forfeiture. 36.7 (b) The demand must be in the form of a civil complaint and 36.8 must be filed with the court administrator in the county in 36.9 which the seizure occurred, together with proof of service or a 36.10 copy of the complaint on the commissioner of revenue, and the 36.11 standard filing fee for civil actions unless the petitioner has 36.12 the right to sue in forma pauperis under section 563.01. If the 36.13 value of the seized property or vehicle is$7,500$2,000 or 36.14 less, the claimant may file an action in conciliation court for 36.15 its recovery. If the value of the seized property or vehicle is 36.16 less than $500, the claimant does not have to pay the 36.17 conciliation court filing fee. 36.18 (c) The complaint must be captioned in the name of the 36.19 claimant as plaintiff and the seized property or vehicle as 36.20 defendant, and must state with specificity the grounds on which 36.21 the claimant alleges the property or vehicle was improperly 36.22 seized and the plaintiff's interest in the property or vehicle 36.23 seized. No responsive pleading is required of the commissioner, 36.24 and no court fees may be charged for the commissioner's 36.25 appearance in the matter. The proceedings are governed by the 36.26 Rules of Civil Procedure. Notwithstanding any law to the 36.27 contrary, an action for the return of property or a vehicle 36.28 seized under this subdivision may not be maintained by or on 36.29 behalf of any person who has been served with an inventory 36.30 unless the person has complied with this subdivision. The court 36.31 shall hear the action without a jury and shall determine the 36.32 issues of fact and law involved. If a judgment of forfeiture is 36.33 entered and is not stayed pending an appeal, the commissioner 36.34 may have the forfeited vehicle and property sold at public 36.35 auction as provided by law. 36.36 Sec. 6. Minnesota Statutes 2002, section 297E.16, 37.1 subdivision 2, is amended to read: 37.2 Subd. 2. [INVENTORY; JUDICIAL DETERMINATION; APPEAL; 37.3 DISPOSITION OF SEIZED PROPERTY.] (a) Within ten days after the 37.4 seizure of alleged contraband described in section 349.2125, 37.5 subdivision 1, the person making the seizure shall serve by 37.6 certified mail an inventory of the property seized on the person 37.7 from whom the property was seized, if known, and on any person 37.8 known or believed to have any right, title, interest, or lien in 37.9 the property, at the last known address, and file a copy with 37.10 the commissioner or the director of alcohol and gambling 37.11 enforcement. The notice must include an explanation of the 37.12 right to demand a judicial forfeiture determination. 37.13 (b) Within 60 days after the date of service of the 37.14 inventory, which is the date of mailing, the person from whom 37.15 the property was seized or any person claiming an interest in 37.16 the property may file a demand for judicial determination of 37.17 whether the property was lawfully subject to seizure and 37.18 forfeiture. The demand must be in the form of a civil complaint 37.19 and must be filed with the court administrator in the county in 37.20 which the seizure occurred, together with proof of service of a 37.21 copy of the complaint on the commissioner of revenue or the 37.22 director of alcohol and gambling enforcement, and the standard 37.23 filing fee for civil actions unless the petitioner has the right 37.24 to sue in forma pauperis under section 563.01. If the value of 37.25 the seized property is$7,500$2,000 or less, the claimant may 37.26 file an action in conciliation court for recovery of the 37.27 property. If the value of the seized property is less than 37.28 $500, the claimant does not have to pay the conciliation court 37.29 filing fee. 37.30 (c) The complaint must be captioned in the name of the 37.31 claimant as plaintiff and the seized property as defendant, and 37.32 must state with specificity the grounds on which the claimant 37.33 alleges the property was improperly seized and the plaintiff's 37.34 interest in the property seized. No responsive pleading is 37.35 required of the commissioner or director, and no court fees may 37.36 be charged for the commissioner's or director's appearance in 38.1 the matter. The proceedings are governed by the Rules of Civil 38.2 Procedure. Notwithstanding any law to the contrary, an action 38.3 for the return of property seized under this section may not be 38.4 maintained by or on behalf of any person who has been served 38.5 with an inventory unless the person has complied with this 38.6 subdivision. The court shall hear the action without a jury and 38.7 determine the issues of fact and law involved. 38.8 (d) If a judgment of forfeiture is entered, the seizing 38.9 authority may, unless the judgment is stayed pending an appeal, 38.10 either (1) cause the forfeited property, other than a vehicle, 38.11 to be destroyed; or (2) cause it to be sold at a public auction 38.12 as provided by law. The person making a sale, after deducting 38.13 the expense of keeping the property, the fee for seizure, and 38.14 the costs of the sale, shall pay all liens according to their 38.15 priority, which are established as being bona fide and as 38.16 existing without the lienor having any notice or knowledge that 38.17 the property was being used or was intended to be used for or in 38.18 connection with the violation. The balance of the proceeds must 38.19 be paid 70 percent to the seizing authority for deposit as a 38.20 supplement to its operating fund or similar fund for official 38.21 use, and 20 percent to the county attorney or other prosecuting 38.22 agency that handled the court proceeding, if there is one, for 38.23 deposit as a supplement to its operating fund or similar fund 38.24 for prosecutorial purposes. The remaining ten percent of the 38.25 proceeds must be forwarded within 60 days after resolution of 38.26 the forfeiture to the department of human services to fund 38.27 programs for the treatment of compulsive gamblers. If there is 38.28 no prosecuting authority involved in the forfeiture, the 20 38.29 percent of the proceeds otherwise designated for the prosecuting 38.30 authority must be deposited into the general fund. 38.31 (e) If no demand for judicial determination is made, the 38.32 property seized is considered forfeited to the seizing authority 38.33 by operation of law and may be disposed of by the seizing 38.34 authority as provided where there has been a judgment of 38.35 forfeiture. 38.36 Sec. 7. Minnesota Statutes 2002, section 297F.21, 39.1 subdivision 3, is amended to read: 39.2 Subd. 3. [INVENTORY; JUDICIAL DETERMINATION; APPEAL; 39.3 DISPOSITION OF SEIZED PROPERTY.] (a) Within ten days after the 39.4 seizure of any alleged contraband, the person making the seizure 39.5 shall serve by certified mail an inventory of the property 39.6 seized on the person from whom the seizure was made, if known, 39.7 and on any person known or believed to have any right, title, 39.8 interest, or lien in the property, at the last known address, 39.9 and file a copy with the commissioner. The notice must include 39.10 an explanation of the right to demand a judicial forfeiture 39.11 determination. 39.12 (b) Within 60 days after the date of service of the 39.13 inventory, which is the date of mailing, the person from whom 39.14 the property was seized or any person claiming an interest in 39.15 the property may file a demand for a judicial determination of 39.16 the question as to whether the property was lawfully subject to 39.17 seizure and forfeiture. The demand must be in the form of a 39.18 civil complaint and must be filed with the court administrator 39.19 in the county in which the seizure occurred, together with proof 39.20 of service of a copy of the complaint on the commissioner of 39.21 revenue, and the standard filing fee for civil actions unless 39.22 the petitioner has the right to sue in forma pauperis under 39.23 section 563.01. If the value of the seized property is 39.24$7,500$2,000 or less, the claimant may file an action in 39.25 conciliation court for recovery of the property. If the value 39.26 of the seized property is less than $500, the claimant does not 39.27 have to pay the conciliation court filing fee. 39.28 (c) The complaint must be captioned in the name of the 39.29 claimant as plaintiff and the seized property as defendant, and 39.30 must state with specificity the grounds on which the claimant 39.31 alleges the property was improperly seized and the plaintiff's 39.32 interest in the property seized. No responsive pleading is 39.33 required of the commissioner, and no court fees may be charged 39.34 for the commissioner's appearance in the matter. The 39.35 proceedings are governed by the Rules of Civil Procedure. 39.36 Notwithstanding any law to the contrary, an action for the 40.1 return of property seized under this section may not be 40.2 maintained by or on behalf of any person who has been served 40.3 with an inventory unless the person has complied with this 40.4 subdivision. The court shall decide whether the alleged 40.5 contraband is contraband, as defined in subdivision 1. The 40.6 court shall hear the action without a jury and shall try and 40.7 determine the issues of fact and law involved. 40.8 (d) When a judgment of forfeiture is entered, the 40.9 commissioner may, unless the judgment is stayed pending an 40.10 appeal, either: 40.11 (1) deliver the forfeited cigarette packages or tobacco 40.12 products to the commissioner of human services for use by 40.13 patients in state institutions; 40.14 (2) cause the property in clause (1) to be destroyed; or 40.15 (3) cause the forfeited property to be sold at public 40.16 auction as provided by law. 40.17 The person making a sale, after deducting the expense of keeping 40.18 the property, the fee for seizure, and the costs of the sale, 40.19 shall pay all liens according to their priority, which are 40.20 established as being bona fide and as existing without the 40.21 lienor having any notice or knowledge that the property was 40.22 being used or was intended to be used for or in connection with 40.23 the violation. The balance of the proceeds must be paid 75 40.24 percent to the department of revenue for deposit as a supplement 40.25 to its operating fund or similar fund for official use, and 25 40.26 percent to the county attorney or other prosecuting agency that 40.27 handled the court proceeding, if there is one, for deposit as a 40.28 supplement to its operating fund or similar fund for 40.29 prosecutorial purposes. If there is no prosecuting authority 40.30 involved in the forfeiture, the 25 percent of the proceeds 40.31 otherwise designated for the prosecuting authority must be 40.32 deposited into the general fund. 40.33 (e) If no demand for judicial determination is made, the 40.34 property seized is considered forfeited to the state by 40.35 operation of law and may be disposed of by the commissioner as 40.36 provided in the case of a judgment of forfeiture. 41.1 Sec. 8. Minnesota Statutes 2002, section 297G.20, 41.2 subdivision 4, is amended to read: 41.3 Subd. 4. [INVENTORY; JUDICIAL DETERMINATION; APPEAL; 41.4 DISPOSITION OF SEIZED PROPERTY.] (a) Within ten days after the 41.5 seizure of alleged contraband, the person making the seizure 41.6 shall serve by certified mail an inventory of the property 41.7 seized on the person from whom the property was seized, if 41.8 known, and on any person known or believed to have any right, 41.9 title, interest, or lien in the property, at the last known 41.10 address, and file a copy with both the commissioners of revenue 41.11 and public safety. The notice must include an explanation of 41.12 the right to demand a judicial forfeiture determination. 41.13 (b) Within 60 days after the date of service of the 41.14 inventory, which is the date of mailing, the person from whom 41.15 the property was seized or any person claiming an interest in 41.16 the property may file a demand for judicial determination of 41.17 whether the property was lawfully subject to seizure and 41.18 forfeiture. The demand must be in the form of a civil complaint 41.19 and must be filed with the court administrator in the county in 41.20 which the seizure occurred, together with proof of service of a 41.21 copy of the complaint on the commissioner of revenue or public 41.22 safety, and the standard filing fee for civil actions unless the 41.23 petitioner has the right to sue in forma pauperis under section 41.24 563.01. If the value of the seized property or vehicle is 41.25$7,500$2,000 or less, the claimant may file an action in 41.26 conciliation court for recovery of the property. If the value 41.27 of the seized property is less than $500, the claimant does not 41.28 have to pay the conciliation court filing fee. 41.29 (c) The complaint must be captioned in the name of the 41.30 claimant as plaintiff and the seized property as defendant, and 41.31 must state with specificity the grounds on which the claimant 41.32 alleges the property was improperly seized and the plaintiff's 41.33 interest in the property seized. No responsive pleading is 41.34 required of the commissioner of revenue or public safety and no 41.35 court fees may be charged for either commissioner's appearance 41.36 in the matter. The proceedings are governed by the Rules of 42.1 Civil Procedure. Notwithstanding any law to the contrary, an 42.2 action for the return of property seized under this section may 42.3 not be maintained by or on behalf of any person who has been 42.4 served with an inventory unless the person has complied with 42.5 this subdivision. The court shall hear the action without a 42.6 jury and determine the issues of fact and law involved. 42.7 (d) If a judgment of forfeiture is entered, the seizing 42.8 authority may, unless the judgment is stayed pending an appeal, 42.9 either: 42.10 (1) cause the forfeited property, other than a vehicle, to 42.11 be destroyed; or 42.12 (2) cause it to be sold at a public auction as provided by 42.13 law. 42.14 The person making a sale, after deducting the expense of 42.15 keeping the property, the fee for seizure, and the costs of the 42.16 sale, shall pay all liens according to their priority, which are 42.17 established as being bona fide and as existing without the 42.18 lienor having any notice or knowledge that the property was 42.19 being used or was intended to be used for or in connection with 42.20 the violation. The balance of the proceeds must be paid 75 42.21 percent to the seizing authority for deposit as a supplement to 42.22 its operating fund or similar fund for official use, and 25 42.23 percent to the county attorney or other prosecuting agency that 42.24 handled the court proceeding, if there is one, for deposit as a 42.25 supplement to its operating fund or similar fund for 42.26 prosecutorial purposes. If there is no prosecuting authority 42.27 involved in the forfeiture, the 25 percent of the proceeds 42.28 otherwise designated for the prosecuting authority must be 42.29 deposited into the general fund. 42.30 (e) If no demand is made, the property seized is considered 42.31 forfeited to the seizing authority by operation of law and may 42.32 be disposed of by the seizing authority as provided for a 42.33 judgment of forfeiture. 42.34 Sec. 9. Minnesota Statutes 2002, section 357.022, is 42.35 amended to read: 42.36 357.022 [CONCILIATION COURT FEE.] 43.1 The court administrator in every county shall charge and 43.2 collect a filing fee of $25where the amount demanded is less43.3than $2,000 and $35 where the amount demanded is $2,000 or more43.4 from every plaintiff and from every defendant when the first 43.5 paper for that party is filed in any conciliation court action. 43.6 This section does not apply to conciliation court actions filed 43.7 by the state. The court administrator shall transmit the fees 43.8 monthly to the state treasurer for deposit in the state treasury 43.9 and credit to the general fund. 43.10 Sec. 10. Minnesota Statutes 2002, section 491A.01, 43.11 subdivision 3, is amended to read: 43.12 Subd. 3. [JURISDICTION; GENERAL.] (a) Except as provided 43.13 in subdivisions 4 and 5, the conciliation court has jurisdiction 43.14 to hear, conciliate, try, and determine civil claims if the 43.15 amount of money or property that is the subject matter of the 43.16 claim does not exceed$6,000 or, on and after July 1, 1994,43.17$7,500, or $4,000 if the claim involves a consumer credit43.18transaction. "Consumer credit transaction" means a sale of43.19personal property, or a loan arranged to facilitate the purchase43.20of personal property, in which:43.21(1) credit is granted by a seller or a lender who regularly43.22engages as a seller or lender in credit transactions of the same43.23kind;43.24(2) the buyer is a natural person;43.25(3) the claimant is the seller or lender in the43.26transaction; and43.27(4) the personal property is purchased primarily for a43.28personal, family, or household purpose and not for a commercial,43.29agricultural, or business purpose$2,000. 43.30 (b) Except as otherwise provided in this subdivision and 43.31 subdivisions 5 to 10, the territorial jurisdiction of 43.32 conciliation court is coextensive with the county in which the 43.33 court is established. The summons in a conciliation court 43.34 action under subdivisions 6 to 10 may be served anywhere in the 43.35 state, and the summons in a conciliation court action under 43.36 subdivision 7, paragraph (b), may be served outside the state in 44.1 the manner provided by law. The court administrator shall serve 44.2 the summons in a conciliation court action by first class mail,44.3except that if the amount of money or property that is the44.4subject of the claim exceeds $2,500, the summons must be served44.5by the plaintiff by certified mail, and service on nonresident44.6defendants must be made in accordance with applicable law or44.7rule. Subpoenas to secure the attendance of nonparty witnesses 44.8 and the production of documents at trial may be served anywhere 44.9 within the state in the manner provided by law. 44.10When a court administrator is required to summon the44.11defendant by certified mail under this paragraph, the summons44.12may be made by personal service in the manner provided in the44.13rules of civil procedure for personal service of a summons of44.14the district court as an alternative to service by certified44.15mail.44.16 (c) The decision in a conciliation court action shall be 44.17 final. There is no right to appeal the decision of a 44.18 conciliation court decision. 44.19 Sec. 11. Minnesota Statutes 2002, section 609.5314, 44.20 subdivision 2, is amended to read: 44.21 Subd. 2. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) 44.22 Forfeiture of property described in subdivision 1 is governed by 44.23 this subdivision. When seizure occurs, or within a reasonable 44.24 time after that, all persons known to have an ownership, 44.25 possessory, or security interest in seized property must be 44.26 notified of the seizure and the intent to forfeit the property. 44.27 In the case of a motor vehicle required to be registered under 44.28 chapter 168, notice mailed by certified mail to the address 44.29 shown in department of public safety records is deemed 44.30 sufficient notice to the registered owner. The notification to 44.31 a person known to have a security interest in seized property 44.32 required under this paragraph applies only to motor vehicles 44.33 required to be registered under chapter 168 and only if the 44.34 security interest is listed on the vehicle's title. 44.35 (b) Notice may otherwise be given in the manner provided by 44.36 law for service of a summons in a civil action. The notice must 45.1 be in writing and contain: 45.2 (1) a description of the property seized; 45.3 (2) the date of seizure; 45.4 (3) notice of the right to obtain judicial review of the 45.5 forfeiture and of the procedure for obtaining that judicial 45.6 review, printed in English, Hmong, and Spanish. Substantially 45.7 the following language must appear conspicuously: "IF YOU DO 45.8 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 45.9 STATUTES, SECTION 609.5314, SUBDIVISION 3, YOU LOSE THE RIGHT TO 45.10 A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 45.11 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 45.12 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 45.13 UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS 45.14 WORTH$7,500$2,000 OR LESS, YOU MAY FILE YOUR CLAIM IN 45.15 CONCILIATION COURT. YOU DO NOT HAVE TO PAY THE CONCILIATION 45.16 COURT FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500." 45.17 Sec. 12. Minnesota Statutes 2002, section 609.748, 45.18 subdivision 1, is amended to read: 45.19 Subdivision 1. [DEFINITION.] For the purposes of this 45.20 section, the following terms have the meanings given them in 45.21 this subdivision. 45.22 (a) "Harassment" includes: 45.23 (1) a single incident of physical or sexual assault or 45.24 repeated incidents of intrusive or unwanted acts, words, or 45.25 gestures thathave a substantial adverse effect or are intended45.26to have a substantial adverse effect on the safety, security, or45.27privacy of another, regardless of the relationship between the45.28actor and the intended targetwould cause the person to whom the 45.29 acts, words, or gestures are directed, under the circumstances, 45.30 to feel frightened, threatened, oppressed, persecuted, or 45.31 intimidated; and 45.32 (2)targeted residential picketing; and45.33(3)a pattern of attending public events after being 45.34 notified that the actor's presence at the event is harassing to 45.35 another. 45.36 (b) "Respondent" includes any adults or juveniles alleged 46.1 to have engaged in harassment or organizations alleged to have 46.2 sponsored or promoted harassment. 46.3(c) "Targeted residential picketing" includes the following46.4acts when committed on more than one occasion:46.5(1) marching, standing, or patrolling by one or more46.6persons directed solely at a particular residential building in46.7a manner that adversely affects the safety, security, or privacy46.8of an occupant of the building; or46.9(2) marching, standing, or patrolling by one or more46.10persons which prevents an occupant of a residential building46.11from gaining access to or exiting from the property on which the46.12residential building is located.46.13 Sec. 13. Minnesota Statutes 2002, section 609.748, 46.14 subdivision 3, is amended to read: 46.15 Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 46.16 petition for relief must allege facts sufficient to show the 46.17 following: 46.18 (1) the name of the alleged harassment victim; 46.19 (2) the name of the respondent; and 46.20 (3) that the respondent has engaged in harassment. 46.21 The petition shall be accompanied by an affidavit made under 46.22 oath stating the specific facts and circumstances from which 46.23 relief is sought. The court shall provide simplified forms 46.24 and may provide clerical assistance to help with the writing and 46.25 filing of a petition under this section and shall advise the 46.26 petitioner of the right to sue in forma pauperis under section 46.27 563.01. The court shall advise the petitioner of the right to 46.28 request a hearing. If the petitioner does not request a 46.29 hearing, the court shall advise the petitioner that the 46.30 respondent may request a hearing and that notice of the hearing 46.31 date and time will be provided to the petitioner by mail at 46.32 least five days before the hearing. Upon receipt of the 46.33 petition and a request for a hearing by the petitioner, the 46.34 court shall order a hearing, which must be held not later than46.3514 days from the date of the order. Personal service must be 46.36 made upon the respondent not less than five days before the 47.1 hearing. If personal service cannot be completed in time to 47.2 give the respondent the minimum notice required under this 47.3 paragraph, the court may set a new hearing date. Nothing in 47.4 this section shall be construed as requiring a hearing on a 47.5 matter that has no merit. 47.6 (b) Notwithstanding paragraph (a), the order for a hearing 47.7 and a temporary order issued under subdivision 4 may be served 47.8 on the respondent by means of a one-week published notice under 47.9 section 645.11, if: 47.10 (1) the petitioner files an affidavit with the court 47.11 stating that an attempt at personal service made by a sheriff 47.12 was unsuccessful because the respondent is avoiding service by 47.13 concealment or otherwise; and 47.14 (2) a copy of the petition and order for hearing and any 47.15 temporary restraining order has been mailed to the respondent at 47.16 the respondent's residence or place of business, if the 47.17 respondent is an organization, or the respondent's residence or 47.18 place of business is not known to the petitioner. 47.19 (c) Regardless of the method of service, if the respondent 47.20 is a juvenile, whenever possible, the court also shall have 47.21 notice of the pendency of the case and of the time and place of 47.22 the hearing served by mail at the last known address upon any 47.23 parent or guardian of the juvenile respondent who is not the 47.24 petitioner. 47.25 Sec. 14. Minnesota Statutes 2002, section 609.748, 47.26 subdivision 3a, is amended to read: 47.27 Subd. 3a. [FILING FEE; COST OF SERVICE.] The filing fees 47.28 for a restraining orderunder this section are waived for the47.29petitioner if the petition alleges acts that would constitute a47.30violation ofis the same as for a civil action pursuant to 47.31 section609.749357.021, subdivision 2or 3. The court 47.32 administrator and the sheriff of any county in this state shall 47.33 perform their duties relating to service of process without 47.34 charge to the petitioner. The court shall direct payment of the 47.35 reasonable costs of service of process if served by a private 47.36 process server when the sheriff is unavailable or if service is 48.1 made by publication. The court may direct a respondent to pay 48.2 to the court administrator the petitioner's filing fees and 48.3 reasonable costs of service of process if the court determines 48.4 that the respondent has the ability to pay the petitioner's fees 48.5 and costs. 48.6 Sec. 15. Minnesota Statutes 2002, section 609.748, 48.7 subdivision 4, is amended to read: 48.8 Subd. 4. [TEMPORARY RESTRAINING ORDER.] (a) The court may 48.9 issue a temporary restraining order ordering the respondent to 48.10 cease or avoid the harassment of another person or to have no 48.11 contact with that person if the petitioner files a petition in 48.12 compliance with subdivision 3 and if the court finds reasonable 48.13 grounds to believe that the respondent has engaged in 48.14 harassment. When a petition alleges harassment as defined by 48.15 subdivision 1, paragraph (a), clause (1), the petition must 48.16 further allege an immediate and present danger of harassment 48.17 before the court may issue a temporary restraining order under 48.18 this section. 48.19 (b) Notice need not be given to the respondent before the 48.20 court issues a temporary restraining order under this 48.21 subdivision. A copy of the restraining order must be served on 48.22 the respondent along with the order for hearing and petition, as 48.23 provided in subdivision 3. If the respondent is a juvenile, 48.24 whenever possible, a copy of the restraining order, along with 48.25 notice of the pendency of the case and the time and place of the 48.26 hearing, shall also be served by mail at the last known address 48.27 upon any parent or guardian of the juvenile respondent who is 48.28 not the petitioner. A temporary restraining order may be 48.29 entered only against the respondent named in the petition. 48.30 (c) The temporary restraining order is in effect until a 48.31 hearing is held on the issuance of a restraining order under 48.32 subdivision 5. The court shall hold the hearing on the issuance 48.33 of a restraining orderwithin 14 days after the temporary48.34restraining order is issued unless (1) the time period is48.35extended upon written consent of the parties; or (2) the time48.36period is extendedif the petitioner requests a hearing. The 49.1 hearing may be continued by the courtfor one additional 14-day49.2periodupon a showing that the respondent has not been served 49.3 with a copy of the temporary restraining order despite the 49.4 exercise of due diligence or if service is made by published 49.5 notice under subdivision 3 and the petitioner files the 49.6 affidavit required under that subdivision. 49.7 (d) If the temporary restraining order has been issued and 49.8 the respondent requests a hearing, the hearing shall be 49.9 scheduled by the court upon receipt of the respondent's 49.10 request. Service of the notice of hearing must be made upon the 49.11 petitioner not less than five days prior to the hearing. The 49.12 court shall serve the notice of the hearing upon the petitioner 49.13 by mail in the manner provided in the rules of civil procedure 49.14 for pleadings subsequent to a complaint and motions and shall 49.15 also mail notice of the date and time of the hearing to the 49.16 respondent. In the event that service cannot be completed in 49.17 time to give the respondent or petitioner the minimum notice 49.18 required under this subdivision, the court may set a new hearing 49.19 date. 49.20 Sec. 16. Minnesota Statutes 2002, section 609.748, 49.21 subdivision 5, is amended to read: 49.22 Subd. 5. [RESTRAINING ORDER.] (a) The court may grant a 49.23 restraining order ordering the respondent to cease or avoid the 49.24 harassment of another person or to have no contact with that 49.25 person if all of the following occur: 49.26 (1) the petitioner has filed a petition under subdivision 49.27 3; 49.28 (2) the sheriff has served respondent with a copy of the 49.29 temporary restraining order obtained under subdivision 4, and 49.30 with notice of thetime and place of theright to request a 49.31 hearing, or service has been made by publication under 49.32 subdivision 3, paragraph (b); and 49.33 (3) the court finds at the hearing that there are 49.34 reasonable grounds to believe that the respondent has engaged in 49.35 harassment. 49.36 A restraining order may be issued only against the respondent 50.1 named in the petition; except that if the respondent is an 50.2 organization, the order may be issued against and apply to all 50.3 of the members of the organization. Relief granted by the 50.4 restraining order must be for a fixed period of not more than 50.5 two years. When a referee presides at the hearing on the 50.6 petition, the restraining order becomes effective upon the 50.7 referee's signature. 50.8 (b) An order issued under this subdivision must be 50.9 personally served upon the respondent. 50.10 Sec. 17. [REPEALER.] 50.11 Minnesota Statutes 2002, section 16D.14, subdivision 3, is 50.12 repealed. 50.13 ARTICLE 5 50.14 JUVENILE-RELATED CHANGES 50.15 Section 1. Minnesota Statutes 2002, section 260B.105, 50.16 subdivision 1, is amended to read: 50.17 Subdivision 1. [VENUE.] Except where otherwise provided, 50.18 venue for any proceedings under section 260B.101 shall be in the 50.19 county where the child is found, or the county of the child's 50.20 residence. If delinquency, a juvenile petty offense, or a 50.21 juvenile traffic offense is alleged, proceedings shall be 50.22 brought in the countyof residence or the countywhere the 50.23 alleged delinquency, juvenile petty offense,or juvenile traffic 50.24 offense occurred. 50.25 Sec. 2. Minnesota Statutes 2002, section 260B.105, 50.26 subdivision 2, is amended to read: 50.27 Subd. 2. [TRANSFER.] The judge of the juvenile court may 50.28 transfer any proceedings brought under section 260B.101, to the 50.29 juvenile court of a county having venue as provided in 50.30 subdivision 1, at any stage of the proceedings andin the 50.31 following manner. When it appears that the best interests of 50.32 the child, society, or the convenience of proceedings will be 50.33 served by a transfer, the court may transfer the case to the 50.34 juvenile court of the county of the child's residence. With the 50.35 consent of the receiving court, the court may also transfer the 50.36 case to the juvenile court of the county where the child is 51.1 foundor,. If delinquency, a juvenile petty offense, or a 51.2 juvenile traffic offense is alleged,to the county where the51.3alleged delinquency, juvenile petty offense, or juvenile traffic51.4offense occurredthe court shall first hear the case and then 51.5 may transfer the case to the juvenile court of the county of the 51.6 child's residence for disposition after a finding or admission 51.7 of guilt. The court transfers the case by ordering a 51.8 continuance and by forwarding to the court administrator of the 51.9 appropriate juvenile court a certified copy of all papers filed, 51.10 together with an order of transfer.The judge of the receiving51.11court may accept the findings of the transferring court or may51.12direct the filing of a new petition or notice under section51.13260B.007, subdivision 18, or 260B.143 and hear the case anew.51.14 Sec. 3. Minnesota Statutes 2002, section 260B.143, 51.15 subdivision 1, is amended to read: 51.16 Subdivision 1. [NOTICE.] When a peace officer has probable 51.17 cause to believe that a child: 51.18 (1) is a juvenile petty offender; or 51.19 (2) has committed a delinquent act that would be a petty 51.20 misdemeanor or misdemeanor if committed by an adult, 51.21 the officer may issue a notice to the child to appear in 51.22 juvenile court in the county in which the childis found or in51.23the county of the child's residence or, in the case of a51.24juvenile petty offense, or a petty misdemeanor or misdemeanor51.25delinquent act, the county in which the offense was committedis 51.26 alleged to have committed the offense. The officer shall file a 51.27 copy of the notice to appear with the juvenile court of the 51.28 appropriate county. If a child fails to appear in response to 51.29 the notice, the court may issue a summons notifying the child of 51.30 the nature of the offense alleged and the time and place set for 51.31 the hearing. If the peace officer finds it necessary to take 51.32 the child into custody, sections 260B.175 and 260B.176 shall 51.33 apply. 51.34 Sec. 4. Minnesota Statutes 2002, section 260B.143, is 51.35 amended by adding a subdivision to read: 51.36 Subd. 5. [JUVENILE CURFEW AND TRUANCY OFFENDER.] When a 52.1 peace officer has probable cause to believe that a child has 52.2 violated a law or local ordinance relating to curfew or truancy, 52.3 the officer shall issue a citation to the juvenile based on the 52.4 uniform fine schedule established pursuant to section 609.101, 52.5 subdivision 4. 52.6 Sec. 5. Minnesota Statutes 2002, section 260C.163, 52.7 subdivision 5, is amended to read: 52.8 Subd. 5. [GUARDIAN AD LITEM.] (a) The court shall appoint 52.9 a guardian ad litem to protect the interests of the minor when 52.10 it appears, at any stage of the proceedings, that the minor is 52.11 without a parent or guardian, or that the minor's parent is a 52.12 minor or incompetent, or that the parent or guardian is 52.13 indifferent or hostile to the minor's interests, and in every 52.14 proceeding alleging a child's need for protection or services 52.15 under section 260C.007, subdivision 6, except proceedings where 52.16 the sole allegation is that the child is a runaway or habitual 52.17 truant. In any other case the court may appoint a guardian ad 52.18 litem to protect the interests of the minor when the court feels 52.19 that such an appointment is desirable. The court shall appoint 52.20 the guardian ad litem on its own motion or in the manner 52.21 provided for the appointment of a guardian ad litem in the 52.22 district court. The court may appoint separate counsel for the 52.23 guardian ad litem if necessary. 52.24 (b) A guardian ad litem shall carry out the following 52.25 responsibilities: 52.26 (1) conduct an independent investigation to determine the 52.27 facts relevant to the situation of the child and the family, 52.28 which must include, unless specifically excluded by the court, 52.29 reviewing relevant documents; meeting with and observing the 52.30 child in the home setting and considering the child's wishes, as 52.31 appropriate; and interviewing parents, caregivers, and others 52.32 with knowledge relevant to the case; 52.33 (2) advocate for the child's best interests by 52.34 participating in appropriate aspects of the case and advocating 52.35 for appropriate community services when necessary; 52.36 (3) maintain the confidentiality of information related to 53.1 a case, with the exception of sharing information as permitted 53.2 by law to promote cooperative solutions that are in the best 53.3 interests of the child; 53.4 (4) monitor the child's best interests throughout the 53.5 judicial proceeding; and 53.6 (5) present written reports on the child's best interests 53.7 that include conclusions and recommendations and the facts upon 53.8 which they are based. 53.9 (c) Except in cases where the child is alleged to have been 53.10 abused or neglected, the court may waive the appointment of a 53.11 guardian ad litem pursuant to clause (a), whenever counsel has 53.12 been appointed pursuant to subdivision 2 or is retained 53.13 otherwise, and the court is satisfied that the interests of the 53.14 minor are protected. 53.15 (d) In appointing a guardian ad litem pursuant to clause 53.16 (a), the court shall not appoint the party, or any agent or 53.17 employee thereof, filing a petition pursuant to section 260C.141. 53.18 (e) The following factors shall be considered when 53.19 appointing a guardian ad litem in a case involving an Indian or 53.20 minority child: 53.21 (1) whether a person is available who is the same racial or 53.22 ethnic heritage as the child or, if that is not possible; 53.23 (2) whether a person is available who knows and appreciates 53.24 the child's racial or ethnic heritage.