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HF 2400

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; modifying state-operated services; exempting
certain department vehicles from tax and fees; imposing penalties for bringing
contraband on treatment facility property; changing firearm background
check information; modifying sex offender programs; modifying consecutive
sentencing for individuals assaulting employees of certain treatment programs;
modifying the definition of vulnerable adults; amending Minnesota Statutes
2006, sections 168.012, subdivision 1; 243.55, subdivision 1; 245.041; 253B.09,
subdivision 3a; 609.15, subdivision 1; 609.221, subdivision 2; 609.2232;
626.5572, subdivision 21.

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

Section 1.

Minnesota Statutes 2006, section 168.012, subdivision 1, is amended to read:


Subdivision 1.

Vehicles exempt from tax, fees, or plate display.

(a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;

(2) vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;

(3) vehicles used solely in driver education programs at nonpublic high schools;

(4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;

(5) ambulances owned by ambulance services licensed under section 144E.10, the
general appearance of which is unmistakable; and

(6) vehicles owned by a commercial driving school licensed under section 171.34,
or an employee of a commercial driving school licensed under section 171.34, and the
vehicle is used exclusively for driver education and training.

(b) Vehicles owned by the federal government, municipal fire apparatuses including
fire-suppression support vehicles, police patrols, and ambulances, the general appearance
of which is unmistakable, are not required to register or display number plates.

(c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Corrections, must be registered and must display appropriate license
number plates, furnished by the registrar at cost. Original and renewal applications for
these license plates authorized for use in general police work and for use by the Department
of Corrections must be accompanied by a certification signed by the appropriate chief of
police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle,
the commissioner of corrections if issued to a Department of Corrections vehicle, or the
appropriate officer in charge if issued to a vehicle of any other law enforcement agency.
The certification must be on a form prescribed by the commissioner and state that the
vehicle will be used exclusively for a purpose authorized by this section.

(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by
the commissioner and state that the vehicles will be used exclusively for the purposes
authorized by this section.

(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the commissioner of health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Division of Disease Prevention and Control.

(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.

new text begin (g) Unmarked vehicles used in general investigation, surveillance, and monitoring
by the staff of the Department of Human Services state-operated services office of special
investigations must be registered and must display passenger vehicle classification license
number plates, furnished by the registrar at cost. Original and renewal applications for
these passenger vehicle license plates must be accompanied by a certification signed by
the commissioner of human services. The certification must be on a form prescribed
by the commissioner and state that the vehicles will be used exclusively for the official
duties of the office of special investigations.
new text end

deleted text begin (g)deleted text end new text begin(h) new text endAll other motor vehicles must be registered and display tax-exempt number
plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
vehicles required to display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school operating a driver education
program, or licensed commercial driving school, plainly displayed on both sides of the
vehicle; except that each state hospital and institution for persons who are mentally ill
and developmentally disabled may have one vehicle without the required identification
on the sides of the vehicle, and county social service agencies may have vehicles used
for child and vulnerable adult protective services without the required identification on
the sides of the vehicle. This identification must be in a color giving contrast with that
of the part of the vehicle on which it is placed and must endure throughout the term of
the registration. The identification must not be on a removable plate or placard and must
be kept clean and visible at all times; except that a removable plate or placard may be
utilized on vehicles leased or loaned to a political subdivision or to a nonpublic high
school driver education program.

Sec. 2.

Minnesota Statutes 2006, section 243.55, subdivision 1, is amended to read:


Subdivision 1.

Contraband; bringing into correctional facility; felony.

Any
person who brings, sends, or in any manner causes to be introduced into any state
correctional facility or state hospital, or within or upon the grounds belonging to or land
or controlled by any such facility or hospital, or is found in possession of any controlled
substance as defined in section 152.01, subdivision 4, or any firearms, weapons or
explosives of any kind, without the consent of the chief executive officer thereof, shall be
guilty of a felony and, upon conviction thereof, punished by imprisonment for a term of
not more than ten years. Any person who brings, sends, or in any manner causes to be
introduced into any state correctional facility or within or upon the grounds belonging
to or land controlled by the facility, or is found in the possession of any intoxicating or
alcoholic liquor or malt beverage of any kind without the consent of the chief executive
officer thereof, shall be guilty of a gross misdemeanor. new text beginAny person who brings, sends, or
in any manner causes to be introduced into any state-operated secure treatment facility,
as defined in section 256B.02, subdivision 18a, within or upon the grounds belonging to
or land controlled by the facility, or is found in the possession of any intoxicating or
alcoholic liquor or malt beverage of any kind is guilty of a felony, and upon conviction
of, is punished by imprisonment for a term of not more than ten years.
new text endThe provisions
of this section shall not apply to physicians carrying drugs or introducing any of the
above described liquors into such facilities for use in the practice of their profession;
nor to sheriffs or other peace officers carrying revolvers or firearms as such officers in
the discharge of duties.

Sec. 3.

Minnesota Statutes 2006, section 245.041, is amended to read:


245.041 PROVISION OF FIREARMS BACKGROUND CHECK
INFORMATION.

Notwithstanding section 253B.23, subdivision 9, the commissioner of human
services shall provide commitment information to local law enforcement agencies on an
individual request basis deleted text beginby means of electronic data transfer from the Department of
Human Services through the Minnesota Crime Information System
deleted text end for the sole purpose of
facilitating a firearms background check under section 624.7131, 624.7132, or 624.714.
The information to be provided is limited to whether the person has been committed under
chapter 253B and, if so, the type of commitment.

Sec. 4.

Minnesota Statutes 2006, section 253B.09, subdivision 3a, is amended to read:


Subd. 3a.

Reporting judicial commitments; private treatment program or
facility.

Notwithstanding section 253B.23, subdivision 9, when a court commits a patient
to a treatment program or facility other than a state-operated program or facility, the court
shall report the commitment to the commissioner through the deleted text beginSupremedeleted text end court information
system for purposes of providing commitment information for firearm background checks
under section 245.041.

Sec. 5.

Minnesota Statutes 2006, section 609.15, subdivision 1, is amended to read:


Subdivision 1.

Concurrent, consecutive sentences; specification requirement.

(a) Except as provided in paragraph (c), when separate sentences of imprisonment are
imposed on a defendant for two or more crimes, whether charged in a single indictment
or information or separately, or when a person who is under sentence of imprisonment
in this state is being sentenced to imprisonment for another crime committed prior to
or while subject to such former sentence, the court in the later sentences shall specify
whether the sentences shall run concurrently or consecutively. If the court does not so
specify, the sentences shall run concurrently.

(b) When a court imposes sentence for a misdemeanor or gross misdemeanor offense
and specifies that the sentence shall run consecutively to any other sentence, the court may
order the defendant to serve time in custody for the consecutive sentence in addition
to any time in custody the defendant may be serving for any other offense, including
probationary jail time or imprisonment for any felony offense.

(c) An inmate of a state prison new text beginor a patient under the care or jurisdiction of an
in-patient or out-patient program operated by the Minnesota sex offender program
under chapters 246B and 253B
new text endwho is convicted of committing an assault within deleted text beginthedeleted text end
new text begin a new text endcorrectional facility new text beginor within a secure treatment facility or while participating in a
program operated by the Minnesota sex offender program
new text endis subject to the consecutive
sentencing provisions of section 609.2232.

Sec. 6.

Minnesota Statutes 2006, section 609.221, subdivision 2, is amended to read:


Subd. 2.

Use of deadly force against peace officer or correctional employee.

(a)
Whoever assaults a peace officer deleted text beginordeleted text endnew text begin,new text end correctional employeenew text begin, or employee of a secure
treatment facility or a program operated by the Minnesota sex offender program
new text end by using
or attempting to use deadly force against the officer or employee while the officer or
employee is engaged in the performance of a duty imposed by law, policy, or rule may
be sentenced to imprisonment for not more than 20 years or to payment of a fine of not
more than $30,000, or both.

(b) A person convicted of deleted text beginassaulting a peace officer or correctional employeedeleted text endnew text begin assaultnew text end
as described in paragraph (a) shall be committed to the commissioner of corrections for
not less than ten years, nor more than 20 years. A defendant convicted and sentenced as
required by this paragraph is not eligible for probation, parole, discharge, work release, or
supervised release, until that person has served the full term of imprisonment as provided
by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12,
and 609.135. Notwithstanding section 609.135, the court may not stay the imposition or
execution of this sentence.

(c) As used in this subdivision:

(1) "correctional employee" means an employee of a public or private prison, jail,
or workhouse;

(2) "deadly force" has the meaning given in section 609.066, subdivision 1; and

(3) "peace officer" has the meaning given in section 626.84, subdivision 1.

Sec. 7.

Minnesota Statutes 2006, section 609.2232, is amended to read:


609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY
STATE PRISON INMATESnew text begin AND SEX OFFENDER PATIENTSnew text end.

new text begin (a) new text endIf an inmate deleted text beginofdeleted text endnew text begin confined innew text end a state correctional facility new text beginor a patient under the care
or jurisdiction of an in-patient or out-patient program operated by the Minnesota sex
offender program under chapters 246B and 253B
new text endis convicted of violating section 609.221,
609.222, 609.223, 609.2231, deleted text beginordeleted text end 609.224, deleted text beginwhile confined in the facility,deleted text endnew text begin or 609.713:
new text end

new text begin (i)new text end the sentence imposed for the assault shall be executed and run consecutively to
any unexpired portion of deleted text beginthe offender's earlierdeleted text end new text beginany criminal new text endsentencedeleted text begin.deleted text endnew text begin to which the inmate
or patient is still subject;
new text end

new text begin (ii)new text end the inmate deleted text beginisdeleted text endnew text begin or patient shallnew text end not new text beginbe new text endentitled to credit against the sentence imposed
for the assault for time served in confinement for the earlier sentencedeleted text begin.deleted text endnew text begin;
new text end

new text begin (iii)new text end the inmate new text beginor patient new text endshall serve the sentence for the assault in a state correctional
facility even if the assault conviction was for a misdemeanor or gross misdemeanordeleted text begin.deleted text endnew text begin; and
new text end

new text begin (iv) the sentence imposed and executed for the assault must be followed, upon
release from confinement, by a ten-year period of conditional release.
new text end

new text begin (b) A defendant convicted and sentenced under paragraph (a) is not eligible for
probation, parole, discharge, work release, or supervised release, until that person has
served the full term of imprisonment as provided by law, notwithstanding the provisions
of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. Notwithstanding section
609.135, the court may not stay the imposition or execution of this sentence.
new text end

Sec. 8.

Minnesota Statutes 2006, section 626.5572, subdivision 21, is amended to read:


Subd. 21.

Vulnerable adult.

"Vulnerable adult" means any person 18 years of
age or older who:

(1) is a resident or inpatient of a facility;

(2) receives services at or from a facility required to be licensed to serve adults
under sections 245A.01 to 245A.15, except that a person receiving outpatient services for
treatment of chemical dependency or mental illness, or one who new text beginis served in the Minnesota
sex offender program, is on a court hold order for commitment, or
new text endis committed as a
sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is
not considered a vulnerable adult unless the person meets the requirements of clause (4);

(3) receives services from a home care provider required to be licensed under section
144A.46; or from a person or organization that exclusively offers, provides, or arranges
for personal care assistant services under the medical assistance program as authorized
under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, and
256B.0653 to 256B.0656; or

(4) regardless of residence or whether any type of service is received, possesses a
physical or mental infirmity or other physical, mental, or emotional dysfunction:

(i) that impairs the individual's ability to provide adequately for the individual's
own care without assistance, including the provision of food, shelter, clothing, health
care, or supervision; and

(ii) because of the dysfunction or infirmity and the need for assistance, the individual
has an impaired ability to protect the individual from maltreatment.