2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/24/2023 08:26am
A bill for an act
relating to public safety; authorizing the commissioner of public safety to accept
donations, nonfederal grants, bequests, and other gifts of money; modifying
Minnesota Hazardous Materials Incident Response Act; modifying bomb disposal
cost reimbursement; making technical changes related to smoke alarms; modifying
Bureau of Criminal Apprehension's questioned identity process; providing more
comprehensive use of Criminal and Juvenile Justice Information Advisory Group
in review of Bureau of Criminal Apprehension issues; modifying crime of computer
theft to include copies of data; requiring prosecutors to notify victims of plea,
sentencing, and sentencing modification hearings; improving ability of crime
victims to access reimbursement program; changing name of reparations program
to reimbursement act; clarifying and removing outdated statutory language
regarding duty of Office of Justice Programs to designate services to domestic
abuse victims; amending Minnesota Statutes 2022, sections 256I.04, subdivision
2g; 299A.48; 299A.49; 299A.50; 299A.51; 299A.52; 299C.063; 299C.46,
subdivision 1; 299C.65, subdivisions 1a, 3a; 299F.362; 609.87, by adding a
subdivision; 609.89; 611A.033; 611A.039, subdivision 1; 611A.51; 611A.52,
subdivisions 3, 4, 5; 611A.53; 611A.54; 611A.55; 611A.56; 611A.57, subdivisions
5, 6; 611A.60; 611A.61; 611A.612; 611A.66; 611A.68, subdivisions 2a, 4, 4b, 4c;
629.341, subdivisions 3, 4; 629.72, subdivision 6; proposing coding for new law
in Minnesota Statutes, chapters 299A; 299C; repealing Minnesota Statutes 2022,
section 518B.02, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 256I.04, subdivision 2g, is amended to read:
Secure crisis shelters for deleted text begin battered womendeleted text end new text begin victims of domestic
abusenew text end and their children designated by the Minnesota Department of deleted text begin Correctionsdeleted text end new text begin Public
Safetynew text end are not eligible for housing support under this chapter.
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(a) The commissioner may accept donations, nonfederal grants, bequests, and other gifts
of money to carry out the purposes of chapter 299A. The commissioner may not accept any
contributions under this section unless the contributions can be applied to divisions and
programs that are related to statutory duties of the department. Donations, nonfederal grants,
bequests, or other gifts of money accepted by the commissioner must be deposited in an
account in the special revenue fund and are appropriated to the commissioner for the purpose
for which the money was given if the department is authorized to conduct that activity under
this chapter.
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(b) By January 15 of each year, the commissioner shall report to the chairs and ranking
minority members of the senate and house of representatives committees with jurisdiction
over public safety policy and finance on the money received under this section, the sources
of the money, and the specific purposes for which it was used.
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Minnesota Statutes 2022, section 299A.48, is amended to read:
Sections 299A.48 to deleted text begin 299A.52deleted text end new text begin 299A.53new text end and 299K.095 may be cited as the "Minnesota
deleted text begin Hazardous Materialsdeleted text end new text begin Emergencynew text end Incident Response Act."
Minnesota Statutes 2022, section 299A.49, is amended to read:
For the purposes of sections 299A.48 to deleted text begin 299A.52deleted text end new text begin 299A.53new text end and
299K.095, the following terms have the meanings given deleted text begin themdeleted text end .
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"Bomb squad" means a team trained, equipped, and authorized
by the commissioner to evaluate and provide disposal operations for bombs or other similar
hazardous explosives. Bomb squad includes a bomb disposal unit as defined in section
299C.063.
new text end
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"Chemical assessment team" means a team (1)
trained, equipped, and authorized to evaluate and, when possible, provide simple mitigation
to a hazardous materials incident and (2) required to recommend to the local incident manager
the best means of controlling the hazard after consideration of life safety concerns,
environmental effects, exposure hazards, quantity and type of hazardous material, availability
of resources, or other relevant factors.
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"Commissioner" means the commissioner of public safety.
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"Emergency response incident" means any
incident to which the response of a state emergency response asset is required.
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"Hazardous materials" means substances or materials
that, because of their chemical, physical, or biological nature, pose a potential risk to life,
health, or property if they are released. "Hazardous materials" includes any substance or
material in a particular form or quantity that may pose an unreasonable risk to health, safety,
and property, or any substance or material in a quantity or form that may be harmful to
humans, animals, crops, water systems, or other elements of the environment if accidentally
or intentionally released. Hazardous substances so designated may include explosives,
radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or
solids, poisons, oxidizing or corrosive materials, chemical and biological substances, and
toxic or flammable gases.
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"Hazardous materials
emergency response team" means a team (1) trained, equipped, and authorized to evaluate
and, when possible, provide practical mitigation to a hazardous materials incident and (2)
required to recommend to the local incident manager the best means of controlling the
hazard after consideration of life safety concerns, environmental effects, exposure hazards,
quantity and type of hazardous material, availability of resources, and other relevant factors.
new text end
"Local unit of government" means a county, home
rule charter or statutory city, or town.
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"Minnesota air rescue team" means a team trained,
equipped, and authorized by the commissioner to perform specialized air rescue operations.
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"Person" means any individual, partnership, association, public or
private corporation or other entity including the United States government, any interstate
body, the state, and any agency, department, or political subdivision of the state.
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"Regional hazardous materials
response team" means a team trained and equipped to respond to and mitigate a hazardous
materials release. A regional hazardous materials response team may include strategically
located chemical assessment teams.
deleted text end
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"State emergency response asset" means any
team or teams defined under this section.
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"Urban search and rescue team" or
"USAR" means a team trained and equipped to respond to and carry out rescue and recovery
operations at the scene of a collapsed structure. A USAR team may include strategically
located fire department assets combined under one joint powers agreement.
new text end
Minnesota Statutes 2022, section 299A.50, is amended to read:
After consultation with the commissioners of
natural resources, agriculture, transportation, and the Pollution Control Agency, the state
fire marshal, the Emergency Response Commission, appropriate technical emergency
response representatives, and representatives of affected parties, the commissioner shall
adopt rules to implement a statewide hazardous materials incident response plan. The plan
must include:
(1) the locations of deleted text begin up to five regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams,
based on the location of hazardous materials, response time, proximity to large population
centers, and other factors;
(2) the number and qualifications of members on each team;
(3) the responsibilities of deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;
(4) equipment needed for deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;
(5) procedures for selecting and contracting with local governments or nonpublic persons
to establish deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;
(6) procedures for dispatching teams at the request of local governments;
(7) a fee schedule for reimbursing local governments or nonpublic persons responding
to an incident; and
(8) coordination with other state departments and agencies, local units of government,
other states, Indian tribes, the federal government, and other nonpublic persons.
The commissioner may cooperate with and enter
into contracts with other state departments and agencies, local units of government, other
states, Indian tribes, the federal government, or nonpublic persons to implement thenew text begin
emergency incidentnew text end response plan.
When a deleted text begin regionaldeleted text end hazardous materialsnew text begin
emergencynew text end response team has completed its response to an incident, the commissioner shall
notify the commissioner of the Pollution Control Agency, which is responsible for assessing
environmental damage caused by the incident and providing oversight of monitoring and
remediation of that damage from the time the response team has completed its activities.
Minnesota Statutes 2022, section 299A.51, is amended to read:
During operations authorized under section 299A.50, members
of a deleted text begin regional hazardous materials teamdeleted text end new text begin state emergency response assetnew text end operating outside
their geographic jurisdiction are "employees of the state" as defined in section 3.736.
During operations authorized under section 299A.50,
members of a deleted text begin regional hazardous materials teamdeleted text end new text begin state emergency response assetnew text end operating
outside their geographic jurisdiction are considered employees of the Department of Public
Safety for purposes of chapter 176.
A person who provides personnel and equipment to assist at the
scene of deleted text begin a hazardous materialsdeleted text end new text begin an emergencynew text end response incident outside the person's
geographic jurisdiction or property, at the request of the state or a local unit of government,
is not liable for any civil damages resulting from acts or omissions in providing the assistance,
unless the person acts in a willful and wanton or reckless manner in providing the assistance.
Minnesota Statutes 2022, section 299A.52, is amended to read:
A responsible deleted text begin persondeleted text end new text begin partynew text end , as described in section
115B.03, is liable for the reasonable and necessary costs, including legal and administrative
costs, of response to deleted text begin a hazardous materialsdeleted text end new text begin an emergency responsenew text end incidentnew text begin or explosives
disposal under section 299C.063new text end incurred by a deleted text begin regional hazardous materials response teamdeleted text end new text begin
state emergency response assetnew text end or local unit of government. For the purposes of this section,
"hazardous substance" as used in section 115B.03 means "hazardous material" as defined
in section 299A.49.
The commissioner shall assess the responsible deleted text begin persondeleted text end new text begin partynew text end
for deleted text begin the regional hazardous materials response teamdeleted text end new text begin an emergency response asset'snew text end costs of
response. The commissioner may bring an action for recovery of unpaid costs, reasonable
attorney fees, and any additional court costs. Any funds received by the commissioner under
this subdivision are appropriated to the commissioner to pay for costs for which the funds
were received. Any remaining funds at the end of the biennium shall be transferred to the
deleted text begin Fire Safety Accountdeleted text end new text begin general fundnew text end .
For purposes of sections 299A.48 to 299A.52
and 299K.095, a responsible deleted text begin persondeleted text end new text begin partynew text end may not avoid liability by conveying any right,
title, or interest in real property or by any indemnification, hold harmless agreement, or
similar agreement.
Minnesota Statutes 2022, section 299C.063, is amended to read:
The terms used in this section have the meanings given them
in this subdivision:
(a) "Bomb disposal unit" means a commissioner-approved unit consisting of persons
who are trained and equipped to dispose of or neutralize bombs or other similar hazardous
explosives and who are employed by a municipality.
(b) "Commissioner" means the commissioner of public safety.
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(c) "Municipality" has the meaning given it in section 466.01.
deleted text end
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(c) "Explosives sweep" means a detailed scanning service used in corporate office
buildings, shipping hangars, event stadiums, transportation hubs, large outdoor events, and
other critical facilities using ground-penetrating radar, magnetometers, metal detectors, and
specially trained K-9 units to detect improvised explosive devices and explosive remnants
of war, such as unexploded ordnance and abandoned ordnance.
new text end
(d) "Hazardous explosives" means explosives as defined in section 299F.72, subdivision
2, explosive devices and incendiary devices as defined in section 609.668, subdivision 1,
and all materials subject to regulation under United States Code, title 18, chapter 40.
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(e) "Municipality" has the meaning given in section 466.01.
new text end
new text begin (a) new text end The commissioner may reimburse bomb disposal
units for reasonable expenses incurrednew text begin :
new text end
new text begin (1)new text end to dispose of or neutralize bombs or other similar hazardous explosives for their
employer-municipality or for another municipality outside the jurisdiction of the
employer-municipality but within the state. Reimbursement is limited to the extent of
appropriated fundsdeleted text begin .deleted text end new text begin ;
new text end
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(2) to use the services of police explosive detection K-9 assets;
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(3) for dignitary explosive sweeps;
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(4) for explosive sweeps at large state events;
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(5) to provide for explosive security at large state events; and
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(6) for large-scale scheduled public events.
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(b) Reimbursement for expenses under this subdivision is limited to the extent of
appropriated funds.
new text end
The commissioner may enter into contracts or agreements with
bomb disposal units to implement and administer this section.
new text begin
The commissioner may enter into contracts with
public event organizers, as defined in section 299A.52, for costs associated with explosive
sweeps conducted by state bomb disposal units.
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(a) For the purposes of this section, the terms in this
subdivision have the meanings given.
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(b) "Bureau" means the Bureau of Criminal Apprehension.
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(c) "Questioned identity" means an individual's identity that is associated with another
person's records when the individual's identity is used by an offender in interactions with
law enforcement or the offender has the same name which can lead to difficulties
differentiating the individual from the offender.
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(a) When an individual is the subject of questioned identity, the
individual may request a review by the bureau through its questioned identity process.
Individuals must contact the bureau and provide the following:
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(1) documentation of the individual's identity through or via a government-issued photo
identification;
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(2) documents or information that lead the individual to believe that the individual is
the subject of questioned identity; and
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(3) fingerprints for identification verification purposes.
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(b) If the bureau is able to confirm that the individual is the subject of questioned identity,
the bureau shall provide documentation to the individual indicating that the individual has
been through the bureau's questioned identity process.
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(c) The bureau shall denote any aliases determined to be questioned identities in the
criminal history system under section 299C.09 and shall work with other state and local
agencies to denote aliases in arrest warrants.
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(d) The bureau shall attach a photo of the offender to arrest warrants in the bureau's
warrant file if a photo is available.
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(e) Notwithstanding section 13.87, subdivision 1, paragraph (b), the bureau, in
consultation with reporting criminal justice agencies, may remove an alias from a criminal
history record when it determines doing so will not negatively impact a criminal justice
agency's ability to identify the offender in the future. Some considerations in making the
determination include but are not limited to time elapsed since the alias name was last used,
frequency with which the alias was used, current incarceration status of the offender, whether
it is or was the offender's name, and whether the offender is living or deceased.
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(f) Law enforcement must take into account the presence of documentation from the
bureau or another law enforcement agency confirming a questioned identity when considering
whether an individual has a warrant under section 299C.115 and may contact the bureau or
the issuing law enforcement agency to confirm authenticity of the documentation provided
by an individual.
new text end
Minnesota Statutes 2022, section 299C.46, subdivision 1, is amended to read:
The commissioner of public safety shall establish a
criminal justice data communications network that will provide secure access to systems
and services available from or through the Bureau of Criminal Apprehension. new text begin The Bureau
of Criminal Apprehension may approve additional criminal justice uses by authorized
agencies to access necessary systems or services not from or through the bureau. new text end The
commissioner of public safety is authorized to lease or purchase facilities and equipment
as may be necessary to establish and maintain the data communications network.
Minnesota Statutes 2022, section 299C.65, subdivision 1a, is amended to read:
(a) The Criminal and Juvenile Justice Information new text begin and
Bureau of Criminal Apprehension new text end Advisory Group consists of the following members:
(1) the commissioner of corrections or designee;
(2) the commissioner of public safety or designee;
(3) the state chief information officer or designee;
(4) three members of the judicial branch appointed by the chief justice of the supreme
court;
(5) the commissioner of administration or designee;
(6) the state court administrator or designee;
(7) two members appointed by the Minnesota Sheriffs Association, at least one of whom
must be a sheriff;
(8) two members appointed by the Minnesota Chiefs of Police Association, at least one
of whom must be a chief of police;
(9) two members appointed by the Minnesota County Attorneys Association, at least
one of whom must be a county attorney;
(10) two members appointed by the League of Minnesota Cities representing the interests
of city attorneys, at least one of whom must be a city attorney;
(11) two members appointed by the Board of Public Defense, at least one of whom must
be a public defender;
(12) two corrections administrators appointed by the Association of Minnesota Counties
representing the interests of local corrections, at least one of whom represents a Community
Corrections Act county;
(13) two probation officers appointed by the commissioner of corrections in consultation
with the president of the Minnesota Association of Community Corrections Act Counties
and the president of the Minnesota Association of County Probation Officers;
(14) four public members appointed by the governor representing both metropolitan and
greater Minnesota for a term of four years using the process described in section 15.059,
one of whom represents the interests of victims, and one of whom represents the private
business community who has expertise in integrated information systems and who, for the
purposes of meetings of the advisory group, may be compensated pursuant to section 15.059;
(15) two members appointed by the Minnesota Association for Court Management, at
least one of whom must be a court administrator;
(16) one member of the house of representatives appointed by the speaker of the house,
or an alternate who is also a member of the house of representatives, appointed by the
speaker of the house;
(17) one member of the senate appointed by the majority leader, or an alternate who is
also a member of the senate, appointed by the majority leader of the senate;
(18) one member appointed by the attorney general;
(19) two members appointed by the League of Minnesota Cities, one of whom works
or resides in greater Minnesota and one of whom works or resides in the seven-county
metropolitan area, and at least one of whom is an elected official;
(20) two members appointed by the Association of Minnesota Counties, one of whom
works or resides in greater Minnesota and one of whom works or resides in the seven-county
metropolitan area, and at least one of whom is an elected official; and
(21) the director of the Sentencing Guidelines Commission or a designee.
(b) The chair, first vice-chair, and second vice-chair shall be elected by the advisory
group.
(c) The advisory group shall serve as the state advisory group on statewide criminal
justice information policy and funding issues. The advisory group shall study and make
recommendations to the governor, the supreme court, and the legislature on criminal justice
information funding and policy issues such as related data practices, individual privacy
rights, and data on race and ethnicity; information-sharing at the local, state, and federal
levels; technology education and innovation; the impact of proposed legislation on the
criminal justice system related to information systems and business processes; and data and
identification standards.
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(d) The advisory group shall have the additional duties of reviewing and advising the
bureau superintendent on:
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(1) audits, accreditation reports, and internal reviews of bureau operations;
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(2) emerging technologies in the law enforcement and forensic science fields;
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(3) policies and practices that impact individual privacy interests; and
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(4) other programmatic and operational initiatives of the bureau at the request of the
superintendent.
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Minnesota Statutes 2022, section 299C.65, subdivision 3a, is amended to read:
The advisory group shall file a biennial report with the governor,
supreme court, and chairs and ranking minority members of the senate and house of
representatives committees and divisions with jurisdiction over criminal justice funding
and policy by January 15 in each odd-numbered year. The report must provide the following:
(1) status and review of current statewide criminal justice information systems;
(2) recommendations concerning any legislative changes or appropriations that are
needed to ensure that the criminal justice information systems operate accurately and
efficiently; deleted text begin and
deleted text end
(3) summary of the activities of the advisory group, including any funding and grant
requestsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) summary of any reviews conducted by the advisory group of bureau audits, reports,
policies, programs, and procedures along with any recommendations provided to the bureau
related to the reviews.
new text end
Minnesota Statutes 2022, section 299F.362, is amended to read:
For the purposes of this section, the following definitions
shall apply:
(a) "Apartment house" is any building, or portion thereof, which is designed, built,
rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence
of three or more families living independently of each other and doing their own cooking
in the building, and shall include buildings containing three or more flats or apartments.
(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house,
lodging house, or a hotel and which contains one or two "dwelling units" which are, or are
intended or designed to be, occupied for living purposes.
(c) "Dwelling unit" is a single unit providing complete, independent living facilities for
one or more persons including permanent provisions for living, sleeping, eating, cooking,
and sanitation, or a single unit used by one or more persons for sleeping and sanitation
pursuant to a work practice or labor agreement.
(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms
intended or designed to be used, or which are used, rented, or hired out to be occupied, or
which are occupied for sleeping purposes by guests.
(e) "Lodging house" is any building, or portion thereof, containing not more than five
guest rooms which are used or are intended to be used for sleeping purposes by guests and
where rent is paid in money, goods, labor, or otherwise.
The commissioner of public safety
shall promulgate rules concerning the placement of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end in dwellings,
apartment houses, hotels, and lodging houses. The rules shall take into account designs of
the guest rooms or dwelling units.
Every dwelling unit within a dwelling
must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end meeting the requirements of the State Fire
Code. The deleted text begin detectordeleted text end new text begin smoke alarmnew text end must be mounted in accordance with the rules regarding
smoke deleted text begin detectordeleted text end new text begin alarmnew text end location adopted under subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin
smoke alarmnew text end must provide an alarm in the dwelling unit.
In construction of a new dwelling,
each smoke deleted text begin detectordeleted text end new text begin alarmnew text end must be attached to a centralized power source.
Every dwelling
unit within an apartment house and every guest room in a lodging house or hotel used for
sleeping purposes must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end conforming to the
requirements of the State Fire Code. In dwelling units, deleted text begin detectorsdeleted text end new text begin smoke alarmsnew text end must be
mounted in accordance with the rules regarding smoke deleted text begin detectordeleted text end new text begin alarmnew text end location adopted
under subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin smoke alarmnew text end must provide an alarm in
the dwelling unit or guest room.
For all occupancies covered by this section
where the occupant is not the owner of the dwelling unit or the guest room, the owner is
responsible for maintenance of the smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end . An owner may file inspection
and maintenance reports with the local fire marshal for establishing evidence of inspection
and maintenance of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end .
The occupant of a dwelling unit must
inform the owner of the dwelling unit of a nonfunctioning smoke deleted text begin detectordeleted text end new text begin alarmnew text end within 24
hours of discovering that the smoke deleted text begin detectordeleted text end new text begin alarmnew text end in the dwelling unit is not functioning.
If the occupant fails to inform the owner under this subdivision, the occupant's liability for
damages is not greater than it otherwise would be.
(a) Any person who violates any provision of this section deleted text begin shall bedeleted text end new text begin
isnew text end subject to the same penalty and deleted text begin thedeleted text end enforcement mechanism that is provided for violation
of the State Fire Code, as specified in section 299F.011, subdivision 6.
(b) An occupant who willfully disables a smoke deleted text begin detectordeleted text end new text begin alarmnew text end or causes it to be
nonfunctioning, resulting in damage or injury to persons or property, is guilty of a
misdemeanor.
This section prohibits a local unit of government
from adopting standards different from those provided in this section.
Notwithstanding subdivision 7, or other lawnew text begin to the contrarynew text end , a local governing
body may adopt, by ordinance, rules for the installation of a smoke deleted text begin detectordeleted text end new text begin alarmnew text end in
single-family homes in the city that are more restrictive than the standards provided by this
section. Rules adopted pursuant to this subdivision may be enforced through a
truth-in-housing inspection.
The position of Minnesota public fire safety
educator is established in the Department of Public Safety.
No insurer shall deny a claim for loss or damage by fire for
failure of a person to comply with this section.
Minnesota Statutes 2022, section 609.87, is amended by adding a subdivision to
read:
new text begin
"Electronic data" means records or information in digital
form on a computer, computer network, computer system, or in computer software that can
be stored, transmitted, or processed.
new text end
Minnesota Statutes 2022, section 609.89, is amended to read:
Whoever does any of the following is guilty of computer new text begin or
electronic data new text end theft and may be sentenced as provided in subdivision 2:
deleted text begin (a)deleted text end new text begin (1)new text end intentionally and without authorization or claim of right accesses or causes to be
accessed any computer, computer system, computer network or any part thereof for the
purpose of obtaining services or property; deleted text begin or
deleted text end
deleted text begin (b)deleted text end new text begin (2)new text end intentionally and without claim of right, and with intent to deprive the owner of
use or possession, takes, transfers, conceals or retains possession of any computer, computer
system, or any computer software or data contained in a computer, computer system, or
computer networkdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) intentionally and without authorization or claim of right accesses or copies any
computer software or electronic data and uses, alters, transfers, retains, or publishes the
computer software or electronic data; or
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new text begin
(4) intentionally retains copies of any computer software or electronic data beyond the
individual's authority.
new text end
Anyone who commits computer new text begin or electronic data new text end theft may be
sentenced as follows:
deleted text begin (a)deleted text end new text begin (1)new text end to imprisonment for not more than ten years or to payment of a fine of not more
than $50,000, or both, if the loss to the owner, or the owner's agent, or lessee is in excess
of $2,500; deleted text begin or
deleted text end
deleted text begin (b)deleted text end new text begin (2)new text end to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the loss to the owner, or the owner's agent, or lessee is more than
$500 but not more than $2,500; or
deleted text begin (c)deleted text end new text begin (3)new text end in all other cases to imprisonment for not more than 90 days or to payment of a
fine of not more than $1,000, or both.
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This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 611A.033, is amended to read:
(a) A victim has the right to request that the prosecutor make a demand under rule 11.09
of the Rules of Criminal Procedure that the trial be commenced within 60 days of the demand.
The prosecutor shall make reasonable efforts to comply with the victim's request.
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(b) A prosecutor shall make reasonable efforts to provide to a victim the date and time
of the sentencing hearing and the hearing during which the plea is to be presented to the
court.
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deleted text begin (b)deleted text end new text begin (c)new text end A prosecutor shall make reasonable efforts to provide advance notice of any
change in the schedule of the court proceedings to a victim who has been subpoenaed or
requested to testify.
deleted text begin (c)deleted text end new text begin (d)new text end In a criminal proceeding in which a vulnerable adult, as defined in section 609.232,
subdivision 11, is a victim, the state may move the court for a speedy trial. The court, after
consideration of the age and health of the victim, may grant a speedy trial. The motion may
be filed and served with the complaint or any time after the complaint is filed and served.
Minnesota Statutes 2022, section 611A.039, subdivision 1, is amended to read:
(a) Except as otherwise provided in subdivision 2,
within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which
there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts
to provide to each affected crime victim oral or written notice of the final disposition of the
case and of the victim rights under section 611A.06. When the court is considering modifying
the sentence for a felony or a crime of violence or an attempted crime of violence, the deleted text begin court
or its designeedeleted text end new text begin prosecutornew text end shall make a reasonable and good faith effort to notify the victim
of the crime. If the victim is incapacitated or deceased, notice must be given to the victim's
family. If the victim is a minor, notice must be given to the victim's parent or guardian. The
notice must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person to contact for additional information;
and
(4) a statement that the victim and victim's family may provide input to the court
concerning the sentence modification.
(b) The Office of Justice Programs in the Department of Public Safety shall develop and
update a model notice of postconviction rights under this subdivision and section 611A.06.
(c) As used in this section, "crime of violence" has the meaning given in section 624.712,
subdivision 5, and also includes violations of section 609.3458, gross misdemeanor violations
of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451,
609.748, and 609.749.
Minnesota Statutes 2022, section 611A.51, is amended to read:
Sections 611A.51 to 611A.68 shall be known as the "Minnesota Crime Victims
deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Act."
Minnesota Statutes 2022, section 611A.52, subdivision 3, is amended to read:
"Board" means the Crime Victims deleted text begin reparationsdeleted text end new text begin Reimbursementnew text end Board
established by section 611A.55.
Minnesota Statutes 2022, section 611A.52, subdivision 4, is amended to read:
Minnesota Statutes 2022, section 611A.52, subdivision 5, is amended to read:
"Collateral source" means a source of benefits or advantages
for economic loss otherwise deleted text begin reparabledeleted text end new text begin reimbursablenew text end under sections 611A.51 to 611A.68
which the victim or claimant has received, or which is readily available to the victim, from:
(1) the offender;
(2) the government of the United States or any agency thereof, a state or any of its
political subdivisions, or an instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to benefits under sections
611A.51 to 611A.68;
(3) Social Security, Medicare, and Medicaid;
(4) state required temporary nonoccupational disability insurance;
(5) workers' compensation;
(6) wage continuation programs of any employer;
(7) proceeds of a contract of insurance payable to the victim for economic loss sustained
because of the crime;
(8) a contract providing prepaid hospital and other health care services, or benefits for
disability;
(9) any private source as a voluntary donation or gift; or
(10) proceeds of a lawsuit brought as a result of the crime.
The term does not include a life insurance contract.
Minnesota Statutes 2022, section 611A.53, is amended to read:
Except as provided in subdivisions 1a and 2, the following
persons shall be entitled to deleted text begin reparationsdeleted text end new text begin reimbursementnew text end upon a showing by a preponderance
of the evidence that the requirements for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end have been met:
(1) a victim who has incurred economic loss;
(2) a dependent who has incurred economic loss;
(3) the estate of a deceased victim if the estate has incurred economic loss;
(4) any other person who has incurred economic loss by purchasing any of the products,
services, and accommodations described in section 611A.52, subdivision 8, for a victim;
(5) the guardian, guardian ad litem, conservator or authorized agent of any of these
persons.
No hospital, medical organization, health care provider,
or other entity that is not an individual may qualify for reparations under subdivision 1,
clause (4). If a hospital, medical organization, health care provider, or other entity that is
not an individual qualifies for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end under subdivision 1, clause (5),
because it is a guardian, guardian ad litem, conservator, or authorized agent, any deleted text begin reparationsdeleted text end new text begin
reimbursementnew text end to which it is entitled must be made payable solely or jointly to the victim,
if alive, or to the victim's estate or successors, if the victim is deceased.
(a) A Minnesota resident who is
the victim of a crime committed outside the geographical boundaries of this state but who
otherwise meets the requirements of this section shall have the same rights under this chapter
as if the crime had occurred within this state upon a showing that the state, territory, United
States possession, country, or political subdivision of a country in which the crime occurred
does not have a crime deleted text begin victim reparationsdeleted text end new text begin victims reimbursementnew text end law covering the resident's
injury or death.
(b) Notwithstanding paragraph (a), a Minnesota resident who is the victim of a crime
involving international terrorism who otherwise meets the requirements of this section has
the same rights under this chapter as if the crime had occurred within this state regardless
of where the crime occurred or whether the jurisdiction has a crime victims deleted text begin reparationsdeleted text end new text begin
reimbursementnew text end law.
No deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be awarded to a
claimant otherwise eligible if:
(1) the crime was not reported to the police within 30 days of its occurrence or, if it
could not reasonably have been reported within that period, within 30 days of the time when
a report could reasonably have been made. A victim of criminal sexual conduct in the first,
second, third, or fourth degree who does not report the crime within 30 days of its occurrence
is deemed to have been unable to have reported it within that period;
(2) the victim or claimant failed or refused to cooperate fully with the police and other
law enforcement officialsnew text begin . Cooperation is determined through law enforcement reports,
prosecutor records, or corroboration memorialized in a signed document submitted by a
victim service, counseling, or medical professional involved in the casenew text end ;
(3) the victim or claimant was the offender or an accomplice of the offender or an award
to the claimant would unjustly benefit the offender or an accomplice;
(4) the victim or claimant was in the act of committing a crime at the time the injury
occurred;
(5) no claim was filed with the board within three years of victim's injury or death; except
that (i) if the claimant was unable to file a claim within that period, then the claim can be
made within three years of the time when a claim could have been filed; and (ii) if the
victim's injury or death was not reasonably discoverable within three years of the injury or
death, then the claim can be made within three years of the time when the injury or death
is reasonably discoverable. The following circumstances do not render a claimant unable
to file a claim for the purposes of this clause: (A) lack of knowledge of the existence of the
Minnesota Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Act, (B) the failure of a law
enforcement agency to provide information or assistance to a potential claimant under
section 611A.66, (C) the incompetency of the claimant if the claimant's affairs were being
managed during that period by a guardian, guardian ad litem, conservator, authorized agent,
or parent, or (D) the fact that the claimant is not of the age of majority; or
(6) the claim is less than $50.
The limitations contained in clauses (1) and (6) do not apply to victims of child abuse.
In those cases the three-year limitation period commences running with the report of the
crime to the police.
Minnesota Statutes 2022, section 611A.54, is amended to read:
deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end shall equal economic loss except that:
(1) deleted text begin reparationsdeleted text end new text begin reimbursement new text end shall be reduced to the extent that economic loss is
recouped from a collateral source or collateral sources. Where compensation is readily
available to a claimant from a collateral source, the claimant must take reasonable steps to
recoup from the collateral source before claiming deleted text begin reparationsdeleted text end new text begin reimbursementnew text end ;
(2) deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be denied or reduced to the extent, if any, that the
board deems reasonable because of the contributory misconduct of the claimant or of a
victim through whom the claimant claimsnew text begin . Contributory misconduct does not include current
or past affiliation with any particular groupnew text end ; and
(3) deleted text begin reparationsdeleted text end new text begin reimbursementnew text end paid to all claimants suffering economic loss as the result
of the injury or death of any one victim shall not exceed $50,000.
No employer may deny an employee an award of benefits based on the employee's
eligibility or potential eligibility for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end .
Minnesota Statutes 2022, section 611A.55, is amended to read:
There is created in the Department of Public Safety,
for budgetary and administrative purposes, the Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end
Board, which shall consist of five members appointed by the commissioner of public safety.
One of the members shall be designated as chair by the commissioner of public safety and
serve as such at the commissioner's pleasure. At least one member shall be a medical or
osteopathic physician licensed to practice in this state, and at least one member shall be a
victim, as defined in section 611A.01.
The membership terms, compensation,
removal of members, and filling of vacancies on the board shall be as provided in section
15.0575.
Members of the board shall serve part time.
Minnesota Statutes 2022, section 611A.56, is amended to read:
In addition to carrying out any duties specified elsewhere in
sections 611A.51 to 611A.68 or in other law, the board shall:
(1) provide all claimants with an opportunity for hearing pursuant to chapter 14;
(2) adopt rules to implement and administer sections 611A.51 to 611A.68, including
rules governing the method of practice and procedure before the board, prescribing the
manner in which applications for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be made, and providing
for discovery proceedings;
(3) publicize widely the availability of deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and the method of
making claims; and
(4) prepare and transmit annually to the governor and the commissioner of public safety
a report of its activities including the number of claims awarded, a brief description of the
facts in each case, the amount of deleted text begin reparationdeleted text end new text begin reimbursementnew text end awarded, and a statistical
summary of claims and awards made and denied.
In addition to exercising any powers specified elsewhere in sections
611A.51 to 611A.68 or other law, the board upon its own motion or the motion of a claimant
or the attorney general may:
(1) issue subpoenas for the appearance of witnesses and the production of books, records,
and other documents;
(2) administer oaths and affirmations and cause to be taken affidavits and depositions
within and without this state;
(3) take notice of judicially cognizable facts and general, technical, and scientific facts
within their specialized knowledge;
(4) order a mental or physical examination of a victim or an autopsy of a deceased victim
provided that notice is given to the person to be examined and that the claimant and the
attorney general receive copies of any resulting report;
(5) suspend or postpone the proceedings on a claim if a criminal prosecution arising out
of the incident which is the basis of the claim has been commenced or is imminent;
(6) request from prosecuting attorneys and law enforcement officers investigations and
data to enable the board to perform its duties under sections 611A.51 to 611A.68;
(7) grant emergency deleted text begin reparationsdeleted text end new text begin reimbursementnew text end pending the final determination of a
claim if it is one with respect to which an award will probably be made and undue hardship
will result to the claimant if immediate payment is not made; and
(8) reconsider any decision granting or denying deleted text begin reparationsdeleted text end new text begin reimbursementnew text end or determining
their amount.
Minnesota Statutes 2022, section 611A.57, subdivision 5, is amended to read:
The claimant may, within 30 days after receiving the decision
of the board, apply for reconsideration before the entire board. Upon request for
reconsideration, the board shall reexamine all information filed by the claimant, including
any new information the claimant provides, and all information obtained by investigation.
The board may also conduct additional examination into the validity of the claim. Upon
reconsideration, the board may affirm, modify, or reverse the prior ruling. A claimant denied
deleted text begin reparationsdeleted text end new text begin reimbursementnew text end upon reconsideration is entitled to a contested case hearing within
the meaning of chapter 14.
Minnesota Statutes 2022, section 611A.57, subdivision 6, is amended to read:
Claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and supporting documents and
reports are investigative data and subject to the provisions of section 13.39 until the claim
is paid, denied, withdrawn, or abandoned. Following the payment, denial, withdrawal, or
abandonment of a claim, the claim and supporting documents and reports are private data
on individuals as defined in section 13.02, subdivision 12; provided that the board may
forward any deleted text begin reparationsdeleted text end new text begin reimbursementnew text end claim forms, supporting documents, and reports to
local law enforcement authorities for purposes of implementing section 611A.67.
Minnesota Statutes 2022, section 611A.60, is amended to read:
deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end may be awarded in a lump sum or in installments in the
discretion of the board. The amount of any emergency award shall be deducted from the
final award, if a lump sum, or prorated over a period of time if the final award is made in
installments. deleted text begin Reparations aredeleted text end new text begin Reimbursement is new text end exempt from execution or attachment except
by persons who have supplied services, products or accommodations to the victim as a result
of the injury or death which is the basis of the claim. The board, in its discretion may order
that all or part of the deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded be paid directly to these suppliers.
Minnesota Statutes 2022, section 611A.61, is amended to read:
The state shall be subrogated, to the extent
of deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded, to all the claimant's rights to recover benefits or
advantages for economic loss from a source which is or, if readily available to the victim
or claimant would be, a collateral source. Nothing in this section shall limit the claimant's
right to bring a cause of action to recover for other damages.
A claimant who receives deleted text begin reparationsdeleted text end new text begin reimbursementnew text end
must agree to assist the state in pursuing any subrogation rights arising out of the claim.
The board may require a claimant to agree to represent the state's subrogation interests if
the claimant brings a cause of action for damages arising out of the crime or occurrence for
which the board has awarded deleted text begin reparationsdeleted text end new text begin reimbursementnew text end . An attorney who represents the
state's subrogation interests pursuant to the client's agreement with the board is entitled to
reasonable attorney's fees not to exceed one-third of the amount recovered on behalf of the
state.
Minnesota Statutes 2022, section 611A.612, is amended to read:
A crime victim account is established as a special account in the state treasury. Amounts
collected by the state under section 611A.61, paid to the Crime Victims deleted text begin Reparationsdeleted text end new text begin
Reimbursementnew text end Board under section 611A.04, subdivision 1a, or amounts deposited by the
court under section 611A.04, subdivision 5, shall be credited to this account. Money credited
to this account is annually appropriated to the Department of Public Safety for use for crime
victim deleted text begin reparationsdeleted text end new text begin reimbursementnew text end under sections 611A.51 to 611A.67.
Minnesota Statutes 2022, section 611A.66, is amended to read:
All law enforcement agencies investigating crimes shall provide victims with notice of
their right to apply for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end with the telephone number deleted text begin to call to
requestdeleted text end new text begin and website information to obtainnew text end an application form.
Law enforcement agencies shall assist the board in performing its duties under sections
611A.51 to 611A.68. Law enforcement agencies within ten days after receiving a request
from the board shall supply the board with requested reports, notwithstanding any provisions
to the contrary in chapter 13, and including reports otherwise maintained as confidential or
not open to inspection under section 260B.171 or 260C.171. All data released to the board
retains the data classification that it had in the possession of the law enforcement agency.
Minnesota Statutes 2022, section 611A.68, subdivision 2a, is amended to read:
A person that enters
into a contract with an offender convicted in this state, and a person that enters into a contract
in this state with an offender convicted in this state or elsewhere within the United States,
must comply with this section if the person enters into the contract during the ten years after
the offender is convicted of a crime or found not guilty by reason of insanity. If an offender
is imprisoned or committed to an institution following the conviction or finding of not guilty
by reason of insanity, the ten-year period begins on the date of the offender's release. A
person subject to this section must notify the Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end
Board of the existence of the contract immediately upon its formation, and pay over to the
board money owed to the offender or the offender's representatives by virtue of the contract
according to the following proportions:
(1) if the crime occurred in this state, the person shall pay to the board 100 percent of
the money owed under the contract;
(2) if the crime occurred in another jurisdiction having a law applicable to the contract
which is substantially similar to this section, this section does not apply, and the person
must not pay to the board any of the money owed under the contract; and
(3) in all other cases, the person shall pay to the board that percentage of money owed
under the contract which can fairly be attributed to commerce in this state with respect to
the subject matter of the contract.
Minnesota Statutes 2022, section 611A.68, subdivision 4, is amended to read:
When the board has made deleted text begin reparationsdeleted text end new text begin reimbursementnew text end payments
to or on behalf of a victim of the offender's crime pursuant to sections 611A.51 to 611A.68,
it shall deduct the amount of the deleted text begin reparationsdeleted text end new text begin reimbursementnew text end award from any payment
received under this section by virtue of the offender's contract unless the board has already
been reimbursed for the deleted text begin reparationsdeleted text end award from another collateral source.
Minnesota Statutes 2022, section 611A.68, subdivision 4b, is amended to read:
A victim of a crime committed by
the offender and the estate of a deceased victim of a crime committed by the offender may
submit the following claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and damages to the board to be
paid from money received by virtue of the offender's contract:
(1) claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end to which the victim is entitled under sections
611A.51 to 611A.68 and for which the victim has not yet received an award from the board;
(2) claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end to which the victim would have been entitled
under sections 611A.51 to 611A.68, but for the $50,000 maximum limit contained in section
611A.54, clause (3); and
(3) claims for other uncompensated damages suffered by the victim as a result of the
offender's crime including, but not limited to, damages for pain and suffering.
The victim must file the claim within five years of the date on which the board received
payment under this section. The board shall determine the victim's claim in accordance with
the procedures contained in sections 611A.57 to 611A.63. An award made by the board
under this subdivision must be paid from the money received by virtue of the offender's
contract that remains after a deduction or allocation, if any, has been made under subdivision
4 or 4a.
Minnesota Statutes 2022, section 611A.68, subdivision 4c, is amended to read:
The board may use money received by virtue
of an offender's contract for the purpose of paying deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded to
victims of other crimes pursuant to sections 611A.51 to 611A.68 under the following
circumstances:
(1) money remain after deductions and allocations have been made under subdivisions
4 and 4a, and claims have been paid under subdivision 4b; or
(2) no claim is filed under subdivision 4b within five years of the date on which the
board received payment under this section.
None of this money may be used for purposes other than deleted text begin the payment of reparationsdeleted text end new text begin
reimbursementnew text end .
Minnesota Statutes 2022, section 629.341, subdivision 3, is amended to read:
The peace officer shall tell the victim whether a shelter or
other services are available in the community and give the victim immediate notice of the
legal rights and remedies available. The notice must include furnishing the victim a copy
of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or
county attorney to file a criminal complaint. You also have the right to go to court and file
a petition requesting an order for protection from domestic abuse. The order could include
the following:
(1) an order restraining the abuser from further acts of abuse;
(2) an order directing the abuser to leave your household;
(3) an order preventing the abuser from entering your residence, school, business, or
place of employment;
(4) an order awarding you or the other parent custody of or parenting time with your
minor child or children; or
(5) an order directing the abuser to pay support to you and the minor children if the
abuser has a legal obligation to do so."
The notice must include the resource listing, including telephone number, for the area
deleted text begin battered women'sdeleted text end new text begin program that provides services to victims of domestic abuse asnew text end shelter,
deleted text begin to bedeleted text end designated by the new text begin Office of Justice Programs in the new text end Department of deleted text begin Correctionsdeleted text end new text begin Public
Safetynew text end .
Minnesota Statutes 2022, section 629.341, subdivision 4, is amended to read:
Whenever a peace officer investigates an allegation that an
incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer
shall make a written police report of the alleged incident. The report must contain at least
the following information: the name, address and telephone number of the victim, if provided
by the victim, a statement as to whether an arrest occurred, the name of the arrested person,
and a brief summary of the incident. Data that identify a victim who has made a request
under section 13.82, subdivision 17, paragraph (d), and that are private data under that
subdivision, shall be private in the report required by this section. A copy of this report must
be provided upon request, at no cost, to the victim of domestic abuse, the victim's attorney,
or organizations designated by the Office of Justice Programs in the Department of Public
Safety deleted text begin or the commissioner of correctionsdeleted text end that are providing services to victims of domestic
abuse. The officer shall submit the report to the officer's supervisor or other person to whom
the employer's rules or policies require reports of similar allegations of criminal activity to
be made.
Minnesota Statutes 2022, section 629.72, subdivision 6, is amended to read:
(a) Immediately after issuance of a citation
in lieu of continued detention under subdivision 1, or the entry of an order for release under
subdivision 2, but before the arrested person is released, the agency having custody of the
arrested person or its designee must make a reasonable and good faith effort to inform orally
the alleged victim, local law enforcement agencies known to be involved in the case, if
different from the agency having custody, and, at the victim's request any local battered
women's and domestic abuse programs established under section 611A.32 or sexual assault
programs of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court appearance of the arrested person
and the victim's right to be present at the court appearance; and
(4) if the arrested person is charged with domestic abuse, the location and telephone
number of the area deleted text begin battered women's shelterdeleted text end new text begin program that provides services to victims of
domestic abusenew text end as designated by the Office of Justice Programs in the Department of Public
Safety.
(b) As soon as practicable after an order for conditional release is entered, the agency
having custody of the arrested person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of the information in paragraph
(a), clauses (2) and (3).
(c) Data on the victim and the notice provided by the custodial authority are private data
on individuals as defined in section 13.02, subdivision 12, and are accessible only to the
victim.
new text begin
In Minnesota Statutes, the revisor of statutes shall change "reparations," "reparable," or
the same or similar terms to "reimbursement," "reimbursable," or the same or similar terms
consistent with this act. The revisor shall also make other technical changes resulting from
the change of term to the statutory language, sentence structure, or both, if necessary to
preserve the meaning of the text.
new text end
new text begin
Minnesota Statutes 2022, section 518B.02, subdivision 3,
new text end
new text begin
is repealed.
new text end
Repealed Minnesota Statutes: H1510-2
The Office of Justice Programs in the Department of Public Safety will consult with domestic abuse counseling and educational programs, the court, probation departments, and the interagency task force on the prevention of domestic and sexual abuse on acceptable measures to ensure program accountability. By December 30, 2001, the center shall make recommendations to the house of representatives and senate committees and divisions with jurisdiction over criminal justice policy and funding on agreed-upon accountability measures including outcome studies.